Resettlement Planning Document
Resettlement Plan for Galchhi–Trishuli–Syaphrubesi Subproject Document Stage: Final Project Number: 37266 November 2008
Nepal: Road Connectivity Sector I Project
Prepared by Ministry of Physical Planning and Works, Department of Roads.
The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.
Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
TABLE OF CONTENTS
Executive Summary...... 1 Description of the Project...... 1 Project Area and Impacts...... 1 Resettlement Principles and Policy Frameworks...... 3 Stakeholders Participation and Disclosure of RP ...... 4 Implementation Framework and Budget ...... 4 Monitoring & Evaluation ...... 5
1. THE PROJECT BACKGROUND ...... 6 1.1. PROJECT DESCRIPTION...... 6 1.2. PROJECT BENEFITS AND IMPACTS...... 8 1.3. MEASURES TO MINIMIZE IMPACT ...... 10 1.4. OBJECTIVE OF THE RESETTLEMENT PLAN ...... 10 2. THE PROJECT AREA: SOCIO-ECONOMIC PROFILE AND SURVEY...... 12 2.1 THE SUBPROJECT AREA ...... 12 2.2 SOCIO-DEMOGRAPHIC PROFILE ...... 13 2.3 ECONOMIC PROFILE ...... 13 2.4 POVERTY STATUS...... 13 2.5 SURVEY ...... 14 2.6 SOCIAL PROFILE OF THE AFFECTED HOUSEHOLDS ...... 15 2.6.1 Literacy and Education ...... 15 2.6.2 Age Group of Household Population...... 15 2.7 ECONOMIC PROFILE ...... 16 2.7.1 Occupational Background of the Households ...... 16 2.7.2 Average Annual Income and Poverty Status...... 17 2.7.3 Main Income Earners...... 19 2.8 GENDER IMPACTS OF THE SUBPROJECT ...... 19 2.8.1 Gender Status ...... 19 2.8.2 Education Status of Women...... 20 2.8.3 Ownership of Property ...... 20 2.8.4 Women's Work Participation ...... 21 2.8.5 Mobility Pattern...... 21 2.8.6 Decision-making Status...... 21 2.8.7 Subproject's Impact on Women...... 21 2.9 TYPES OF SUBPROJECT IMPACTS AND APS ...... 22 2.9.1 Impact on Socially Vulnerable Groups...... 22 2.10 IMPACT ON STRUCTURES...... 23 2.11 IMPACT ON RESIDENTIAL STRUCTURES ...... 24 2.11.1 Type of Affected Residential Structures ...... 24 2.11.2 Extent of Loss...... 24 2.11.3 Extent of Loss of Residential Structures by Vulnerable Households ...... 25 2.11.4 Legal Ownership of the Residential Structures ...... 25 2.11.5 Relocation and Rehabilitation Measures for Residential Structures...... 25 2.12 RESIDENTIAL CUM COMMERCIAL STRUCTURES ...... 25 2.12.1 Construction Type of Affected Residential cum Commercial Structures...... 26 2.12.2 Extent of Loss...... 26 2.12.3 Extent of Loss of Residential cum Commercial Structures by Vulnerable Households ...... 26 2.12.4 Legal Ownership of the Affected Residential cum Commercial Structures ...... 27 2.12.5 Relocation and Rehabilitation Measures...... 27 2.12.6 Employees in the Residential cum Commercial Structure ...... 27 2.13 TEMPORARY MOVABLE KIOSK ...... 27 2.14 LOSS OF LAND...... 27 2.15 COMMON PROPERTY RESOURCES ...... 28
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) i Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
3. RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX...... 29 3.1 INTRODUCTION...... 29 3.2 POLICY FRAMEWORK: REVIEW OF NATIONAL POLICY AND ADB REQUIREMENTS ...... 29 3.2.1 Legal Framework ...... 29 3.2.2 ADB Resettlement Policy...... 30 3.3 DIFFERENCE BETWEEN ADB POLICY ON RESETTLEMENT AND GON LEGAL FRAMEWORK...... 31 3.4 RESETTLEMENT PRINCIPLES & ASSISTANCE ...... 32 3.5 ACQUISITION OF LAND/PROPERTIES AND VALUATION...... 32 3.5.1 Disposal of Acquired Properties...... 32 3.6 THE ENTITLEMENT MATRIX...... 33 3.6.1 Compensation for Loss of Land ...... 33 3.6.2 Compensation for Structures (residential/ residential-cum-commercial) and Other Immovable Assets34 3.6.3 Assistance for Tenants...... 34 3.6.4 Income Restoration Assistance ...... 34 3.6.5 Re-building / Restoration of Community Resources/Facilities ...... 35 4. CONSULTATION AND STAKEHOLDER PARTICIPATION ...... 39 4.1 INTRODUCTION...... 39 4.2 METHODS OF PUBLIC CONSULTATION...... 39 4.3 CONSULTATIONS – SCOPE AND ISSUES ...... 40 4.3.1 Scope of Consultations ...... 40 4.3.2 Feedback from the Consultations...... 40 4.4 DISCLOSURE OF RP ...... 43 4.5 PLANS FOR FURTHER CONSULTATION & COMMUNITY PARTICIPATION DURING SUBPROJECT IMPLEMENTATION ...... 43 5. IMPLEMENTATION FRAMEWORK AND BUDGET...... 44 5.1 INSTITUTIONAL SETUP ...... 44 5.2 PROJECT IMPLEMENTATION UNIT (PIU)...... 44 5.2.1 Roles and Responsibilities...... 44 5.3 NON-GOVERNMENT ORGANIZATIONS (NGOS) ...... 46 5.3.1 Role and Responsibilities ...... 46 5.3.2 Grievance Redress Committee (GRC) ...... 46 5.3.3 Role and Responsibilities ...... 46 5.4 DESIGN SUPERVISION CONSULTANT (DSC) ...... 47 5.5 RESETTLEMENT IMPLEMENTATION SCHEDULE...... 47 5.6 STAFF TRAINING IN RESETTLEMENT IMPLEMENTATION...... 48 5.7 RESETTLEMENT DATABANK ...... 48 5.8 COST ESTIMATE AND BUDGET ...... 48 5.8.1 Basis Taken for Estimating Land Cost...... 49 5.8.2 Basis Taken for Estimating Structure Cost...... 49 5.9 COST CALCULATION ...... 49 6. MONITORING AND EVALUATION ...... 51 6.1 NEED FOR MONITORING...... 51 6.2 TYPES OF MONITORING...... 51 6.2.1 Internal Monitoring...... 51 6.2.2 Second Tier Monitoring: External or Independent Monitoring...... 52 6.3 STAGES OF MONITORING ...... 53 6.4 REPORTING REQUIREMENTS ...... 53
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) ii Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
List of Tables
Table 1 Details of Galchhi – Trishuli – Syaphrubesi Subproject ...... 1 Table 2 Number of Affected Land Parcels...... 2 Table 3 Affected Households and APs as a result of Land Acquisition...... 2 Table 1.1 Details of Galchhi – Trishuli – Syaphrubesi Subproject ...... 8 Table 1.2 Number of Affected Land Parcels ...... 9 Table 1.3 Affected Households and APs ...... 9 Table 2.1 Social-Demographic Profile of the Subproject Area Districts ...... 13 Table 2.2 Development Indicators of the Subproject Area Districts ...... 13 Table 2.3 Summary of Affected Households and Affected Families ...... 14 Table 2.4 Affected Households by Ethnic and Caste Group Categories...... 14 Table 2.5 Educational Status of the Respondents of Affected Households ...... 15 Table 2.6 Literacy Status of the Family Members of the Households ...... 15 Table 2.7 Average Family Size Age Group in the Subproject Area Reported HHs ...... 15 Table 2.8 Main Sources of Income of Interviewed Households ...... 16 Table 2.9 Breakdown of Economically Active Population by Sex ...... 17 Table 2.10 Average Annual Income of the Affected Households (NRs)...... 17 Table 2.11 Poverty Incidence in Project VDCs ...... 18 Table 2.12 Poverty Status by Ethnic/Indigenous & Other Caste Groups ...... 18 Table 2.13 Main Earners in the Subproject Area ...... 19 Table 2.14 Gender Development Index (GDI) in Subproject Districts...... 19 Table 2.15 Illiteracy Rate in the Sub-project Districts by Sex...... 20 Table 2.16 Households having Women’s Ownership on Various Properties ...... 20 Table 2.17 Affected Households and APs in Galchhi-Trishuli-Syaphrubesi Subproject...... 22 Table 2.18 Vulnerability Status of the APs of Affected Households...... 23 Table 2.19 Types of assets by loss and structure type ...... 24 Table 2.20 Types of Affected Residential Structures...... 24 Table 2.21 Extent of Loss of Residential Structures ...... 24 Table 2.22 Ownership Status of the Affected Residential Structures Ownership Status...... 25 Table 2.23 Construction Type of Affected Residential cum Commercial Structures ...... 26 Table 2.24 Extent of Loss of the Affected Structures...... 26 Table 2.25 Ownership Status of Affected Residential cum Business Structures...... 27 Table 2.26 List of Affected Land in the Subproject ...... 28 Table 3.1 Some Difference between ADB Policy and GON Legal Framework ...... 31 Table 3.2 Project Compensation Principles and Entitlements...... 36 Table 4.1 Methods Employed During the Course of Consultations...... 39 Table 4.2 Consultation Matrix...... 41 Table 5.1 Resettlement Cost Estimate (Galchhi-Trishuli-Syaphrubesi Subproject) ...... 50
List of Figures
Figure 1.1 Location Map...... 7 Figure 5.1 Institutional Framework for Resettlement Activities ...... 45
List of Annexes
Annex I List of Affected Community Drinking Water Taps Annex II List of Affected Structures and Compensation Costs Annex III Typical Cross Sections (available upon request) Annex IV Indigenous Population in Nepal Annex V ToR for NGO’s and External Monitor Annex VI Schedule for Land Acquisition
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) iii Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
Glossary of Terms
Chief District Officer Chief Administrator of the district having overall responsibilities for looking for the district administration and law and security
Dalit (Schedule Caste Group) Dalit is commonly known as untouchable in Nepalese society. They are from the so called lowest caste in the Hindu caste hierarchy. Basically, they belong to occupational and artisan group. Dalit Commission has defined dalit as, “ the community discriminated on the basis of caste and marginalized in terms of social, economic, educational, political and religious sectors.” The Dalit caste has further been divided into different groupings in accordance with the type of work the groups are limited too. For example, communities engaged in tailoring, or playing musical instruments, or communities involved in washing clothes, or in making clay pots, or working with metal will be given different family names in accordance to the type of work they do. District Development Committee District level development unit to be chaired by district level elected leader
Feeder Road Feeder roads are of secondary nature in the hierarchy of the road network in Nepal.
Janajati (Ethnic/Indigenous People) Indigenous people have been synonymously taken with the nationalities. In Nepal, nationalities/tribal people are also called as ethnic groups or indigenous ethnic groups because these groups are outside of hierarchical caste structure. Basically, Nepal’s indigenous population consists of two major groups, the Indo-Nepalese, whose ancestors migrated into the country from the south and the Tibeto- Nepalese, whose ancestors entered Nepal from the north. Although intermingling between the two groups has occurred, cultural, linguistic, and religious differences exist both between and within the two groups. Differences within the Indo-Nepalese grouped are marked more by caste (a system of social hierarchy) than by ethnicity. The Tibeto- Nepalese group comprises several different ethnic groups including Bhutia, Sherpa, Gurung, Magar, Tamang, Rai, and Limbu people. Basically, the Tibeto-Nepalese are concentrated in hill and mountain and the Indo-Nepalese are concentrated in the Terai plain and inner Terai.
As defined by Nepal Federation for Nationalities, those people having their own mother tongue, distinct traditional values, cultural identities, social structure and written/non- written linage history are Indigenous and nationalities population and coming under the caste of tribal group defined as indigenous and nationalities population.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) a Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
Land Acquisition and Compensation The committee to be formed under the chairmanship of CDO Fixation Committee for acquiring and compensating land and properties based on Land Acquisition Act of Nepal (2034) 1977.
Public Road Directives The Public Work Directives (PWD), 2002 is prepared by the Ministry of Physical Planning and Works under the Asian Development Bank Technical Assistance No. 3306-NEP for Strengthening of Project Implementation Practices.
The PWD are intended for use of GON agencies in the implementation of central-level projects and district-level projects carried out by the regional/divisional/district offices of GON. The PWD also incorporate procedures and procurement documents for implementing small projects and thus local bodies may benefit from adopting many of the contents of the PWD
Vikram Sambat (V.S.) Name of the year followed as the national year in Nepal. VS is approximately 57 years ahead of AD year
Village Development Committee Local level administrative unit represented by locally elected politicians.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) b Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
LIST OF ABBREVIATIONS
ADB Asian Development Bank AP Affected Person BPL Below Poverty Level CCV Community Consensus Valuation CDO Chief District Officer CFC Compensation Fixation Committee CPR Common Property Resource CRO Chief Resettlement Officer DDCs District Development Committees DHQ District Headquarters DoR Department of Road DSC Design Supervision Consultants EA Executing Agency GDI Gender Development Index GEU Geo-environment Unit GON Government of Nepal GRC Grievance Redress Committee HDI Human Development Index HHs -Households HPI Human Poverty Index IA Implementing Agency Km -Kilometres LACFC Land Acquisition and Compensation Fixation Committee lR Involuntary Resettlement MoPPW Ministry of Physical Planning and Works MRM Midterm Review Meeting NGO/s Non Government Organizations NRs Nepalese Rupees PD Project Director PIU Project Implementation Unit PM Project Managers PPTA -Project Preparation Technical Assistance PWD Public Works Directives Qty. Quantity RBC Rod Brick Concrete RCC Rod Cement Concrete RCSP1 Road Connectivity Sector I Project RNDP Road Network Development Project RP Resettlement Plan SLCs Subproject Level Committees Sq.m. Square Meters SRN Strategic Road Networks SRS Social / Resettlement Specialist ToR Terms of Reference VDC Village Development Committee Yrs Years
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) c Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
Executive Summary of the Resettlement Plan
A. DESCRIPTION OF THE PROJECT
1. Government of Nepal (GON) has formulated a 20 Year Road Plan. One of the main objectives of the plan is development of the Strategic Road Networks (SRN). The implementing strategies of the plan include all weather road connection to the District Headquarters (DHQ) and provision of road linkages from the DHQ to the adjacent road network of the neighboring countries. The strategy adopted by the 20 Year Road Plan is aligned with the priorities set out in the Tenth Five Year Plan (2002-2007) as that plan also gives priority to constructing feeder roads and strategic roads connecting north to south.
2. The proposed Project funded by ADB under ‘sector grant’ envisages construction/up gradation of about 600-700 km of roads in all regions of Nepal. Out of this, a total of three roads have been identified as ‘sample’ Subprojects under the Road Connectivity Sector 1 Project (RCSP 1). The sample Subproject will be used as “model” for Subproject preparation for the remainder of the roads. These three sample subproject roads comprise of namely (i) Galchhi –Trishuli -Syaphrubesi (ii) Tamakoshi –Manthali -Khurkot and (iii) Phidim -Taplejung. The Department of Roads (DoR) is the primary agency responsible for Project implementation. In addition, the DoR is also responsible for preparing Resettlement Plans (RP) for the subsequent Subprojects under the grant. This RP has been prepared for Galchhi-Trishuli-Syaphrubesi Subproject under the RCSP1. The brief description of the road is given in Table 1.
Table 1 Details of Galchhi – Trishuli – Syaphrubesi Subproject Districts Length Construction Details Covered (km) Dhading, Additional roadside structures, slope protection works, Nuwakot and 89.68 bioengineering works, drainage / cross drainage works, pavement Rasuwa construction with DBST sealing Source: Detailed Design, 2008
B. PROJECT AREA AND IMPACTS
3. The road passes mostly through the rural areas and markets. Except for district headquarters and some traditional market centres (especially in Trishuli-Syaphrubesi road section where urban and semi-urban markets and settlements are present), all other settlements lying along the road are less dense and are of rural dwellings.
4. The road is aligned along the existing road. An average available width of existing road is 5.5 meters. The detail design requires a footprint width of 6 – 12 meters in different sections of the road. A land area of 8135 sq.m (0.81 ha) will be additionally required for widening the existing road to design width. A total of 369 land parcels will be affected by this acquisition. As per land survey initial finding, the number of plot owners of 369 parcels are 331, one encroacher. Of them, 250 households were interviewed and 82 were absentees at the time of survey.
5. Of the total 369 land parcels, lands plots without structures are 363 and with structures 7 including 1 encroaching staircase. The numbers of land parcels with the landowners in contact at the time of survey were 287 owned by 250 households. There are total of 2,158 affected people in 332 households.
Road Connectivity Sector I Project (ADB Grant No. 0051 - NEP (SF)) 1 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
Table 2 Number of Affected Land Parcels Land Parcels Land Area to be acquired (sq.m) Types of Affected Assets Detail Design Detail Design PPTA, 2005 PPTA, 2005 2008 2008
Land only 363 7 Land with 6 120* Structures 8135.82 812 Total Land Parcels 369 129 Note: *1. This figure is reported as number of households in PPTA resettlement report and not as number of parcels. There is no record of number of land parcels with structures in PPTA report. *2. It can be seen that there is a large difference between both the numbers of land parcels and the area of land to be acquired (sq.m.) between the 2005 PPTA Report and the Detailed Design Report 2008. We understand this is because the PPTA Consultant estimated the affected number of land parcels based on a preliminary design. It is also understood that their estimated number of parcels required is based on an assumed 8 metre corridor width and not on detailed cadastral information. The Land and Property acquisition quantities shown in Tables 2 and 3 have been certified by the GoN Cadastral Surveyors.
6. Of the total 369 plots, 287 plot owners were identified during detail survey. Eighty Two (82) plot owners could not be met at the time of survey and taken as absentees. Consequently out of 82 absentees 7 land owners are public institutions/GoN offices. According to the census data, a total of 332 households and 2158 persons will be affected in this Subproject. The affected families and people (APs) are shown in Table 3.
Table 3 Affected Households and APs as a Result of Land Acquisition Type of Asset Affected No. of Affected HHs No. of APs PPTA, Detailed PPTA, Detailed 2005 Design, 2008 2005 Design, 2008 325* Land only 7* 39 2113 2 Land with residential structures 61 46 13 Land with residential cum commercial 1 41 20 6 structures Land with temporary commercial 1 18 5 7 structures Compound wall with land 2 0 0 13 1 Encroached with stair 0 0 6 0 Tenants of residential structures 1 5 0 Tenants of residential cum commercial 0 1 5 0 structures Total 129 332 584 2,158 Source: Affected Persons Surveys, May-June 2008 * 82 affected land owners were absentee
7. Out of 7 affected households structures, 6 plots are plots with residential, residential cum commercial, and temporary commercial structures of 7 households including one encroaching stair case. In addition, a total of 7 common property resources (CPRs) namely
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 2 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road public taps will be affected. All these losses will be compensated at replacement value and/or re-established in consultation with the stakeholders. 8. The RCSP1 has the objective of avoiding involuntary resettlement wherever possible, by means of adopting an appropriate technical design, which leads to minimization of the resettlement impact. In keeping with this objective, the detailed technical design aimed at minimization of the resettlement impact by means of best utilization of the available space (i.e. an average available width of 5.5 to 6.6 meters) by avoiding private and public structures and land acquisition as far as possible. However, the Subproject construction necessitates minor acquisition, where existing alignment is insufficient to meet the requirement of new design. Specifically the land will be affected at Ratmate, Jilling, Bidur, Gerkhu and Duipipal VDCs of Nuwakot District and Laharepauwa, Dhaibung, Ramchhe, Dhunchhe and Syprubesi VDC of Rasuwa District. The extent of land requirement for the Subproject comprises of 8135.82 sq. mtrs (0.81 ha). The land to be acquired mostly comprises small strips of uncultivated land on either side of the existing road foot print. Therefore there is no major impact on the income of the affected households.
9. Of a total of 7 structures from 7 households affected as a result of the Subproject, no any annex structure will incur significant impact on the main structure but will suffer loss of only frontage and extended portion. In case of temporary commercial structure/kiosks, an attempt will be made to shift them to the end of the RoW limit to minimize impact on incomes. The details of the type and extent of losses and the discussions held with each of the affected groups is presented in Chapter 2 of the main text.
10. The updated RP is based on detailed design. This updated RP is prepared for implementation purposes by the Implementing Agency. The ADB will need to approve this report prior to the award of the contract.
C. RESETTLEMENT PRINCIPLES AND POLICY FRAMEWORK
11. The resettlement principles adopted for this Subproject recognize the Land Acquisition Act, 2034 (1977) and the requirements of the Asian Development Bank (ADB) policy on Involuntary Resettlement. In addition to the Land Acquisition Act 2034 (1977). There are also other relevant acts, like; Public Road Act 2031 (1974) and other guidelines, policies and plans related to land acquisition and resettlement for the road which were also reviewed while preparing this RP.
12. The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses due to of the Subproject. The RP is based on the general findings of the Affected Persons Survey, social survey, field visits, and meetings with various Subproject affected persons in the Subproject area. The principles adopted establish eligibility and provisions for all types of losses (land, structures, business/employment, and work days wages). Taking into account the various losses, the Entitlement Matrix provides for compensation and resettlement assistance to all affected persons and businesses, including the informal dwellers/squatters in the Subproject corridor of impact. Under the RP, compensation for lost assets will be paid at full replacement costs based upon the GON norms and in compliance with ADB guidelines. In addition to payments from the Chief District Officer (CDO), the APs will receive other cash grants and resettlement assistance such as shifting allowance, compensation for loss of workdays / income due to dislocation and income restoration assistance. Female-headed households and other vulnerable groups will be eligible for additional assistance.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 3 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
D. STAKEHOLDERS' PARTICIPATION AND DISCLOSURE OF RP
13. Local level stakeholders were consulted at different sections of the Subproject road while conducting social and poverty assessment and social impact assessment. Similarly, due consideration was also given for stakeholder consultations and community participation at different levels in the process of preparation of this Resettlement Plan. In this process, interactions with the local people were carried out during field reconnaissance surveys and Affected Persons surveys in different sections of the Subproject. At least one meeting was held in each VDC with VDC representatives. Local people's awareness about the Subproject, perceptions, advantages and disadvantages of the Subproject as perceived by them as well as their suggestions for successful implementation of the Subproject were some of the major themes of discussion in the consultations. Likewise, consultations were also carried out within the affected households about the Subproject's activities and likely resettlement impact during the course of the Affected Persons survey.
14. A summary Resettlement Plan (RP) has been translated into Nepali and has been made available to the affected people by the Department of Roads (DoR) through respective District Development Committees (DDCs) during PPTA. Nevertheless, the summary of the updated Resettlement Plan will be translated into Nepali to distribute to the APs during implementation. The Implementing Agency (IA) will further conduct public consultations during the implementation of RP throughout the Subproject implementation period. The approved RP will also be disclosed on the ADB website.
E. IMPLEMENTATION FRAMEWORK AND BUDGET
15. The Ministry of Physical Planning and Works (MoPPW) will be the Executing Agency (EA) and Department of Roads (DoR) will be the Implementing Agency (IA) for this Subproject. A Project Implementation Unit (PIU) headed by the Project Director (PD) will be responsible for the overall execution of the Subproject. The PD will engage local NGO/s for implementation of resettlement plan and activities. The IA will depute an officer in charge of the land acquisition and resettlement operations, who will report to the Project Director. He/she will work in close coordination with the respective Divisional Offices under DoR, Sub- project offices/ field-based offices and Project NGO/s on the day-to-day activities of the resettlement plan implementation. It may not be possible to recruit an Officer in Charge of Land Operations because there is a severe shortage of competent qualified staff in Nepal for these positions.
16. Therefore it may be necessary to entrust these responsibilities to the DoR (ADB) Project Manager for the Subproject, who has the rank of Senior Divisional Engineer.
17. A Social Development/Resettlement Specialist from the Design Supervision Consultants (DSC) will support the IA Project Officer in further minimizing the resettlement impacts and updating the RPs based on detailed design and assist in supervision and coordination of all activities related to resettlement implementation.
18. The IA will establish Subproject level offices for the sample roads headed by officers with the rank of Senior Divisional Engineer. At the Subproject level, Subproject Level Committees (SLCs) will also be established with representations from APs, political parties, vulnerable groups, business community and local NGOs. These SLCs will assist the Subproject Office and NGOs in informing people about the likely resettlement impact and solicit views of the affected people regarding compensation and relocation options.
19. The Subproject Office/field offices, Subproject level committees, Chief District Officers of the respective districts and Project NGO will execute and monitor the progress of the work. He will ensure coordination between the relevant departments, NGOs, the
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 4 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
Grievance Redress Committee (GRC) and the Affected Persons (APs). The concerned staff at the headquarters and in the Subproject Office / field offices related to the Subproject's resettlement activities, including PM, Revenue Department officials and NGO staff will undergo a week-long orientation and training in resettlement policy and management prior to the implementation of resettlement activities.
20. The Grievance Redress Committee (GRC) will be constituted as per the legislative provision made in Clauses 11 and 13 under Land Acquisition Act of Nepal 2034 (1977). The act assigns CDO as the solely responsible person to chair land acquisition activities and to address the grievances related to the RP implementation activities. The other members of the committee are VDC Chairpersons, two representatives from APs (one man and one woman), local representatives, NGOs and representatives from DoR in the rank of Divisional Engineer. The Project Officer or his nominee, a field-based Engineer will be the member- secretary of the committee and shall act as the Project's Grievance Officer. Normally, all the efforts are made to address the grievances at the local level in close consultation with the APs.
21. The estimated resettlement budget for the implementation of this RP is NRs. 19,013,016.7 (US$ 279,603.18@ NRs 68). This includes all costs related to compensation for structures, land and other benefits as per the entitlement benefits, plus RP administration costs, and trainings/capacity buildings.
F. MONITORING & EVALUATION
22. The RP will have both internal and external monitoring. Internal Monitoring will be a regular activity for PIU and it will oversee the timely implementation of R&R activities through their Sub-project Office /field offices and NGOs. The Department of Roads will establish a quarterly monitoring system and prepare progress reports on all aspects of land acquisition and resettlement activities. Quarterly report of RP implementation will be submitted by DoR to ADB. The RP implementation activities will be monitored internally by DoR, and evaluated externally once in six months through an independently appointed agency, which will provide feedback on RP implementation to both EA/IA and to ADB. External monitors will be hired by the DoR with ADB concurrence.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 5 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
1. THE PROJECT BACKGROUND
1.1. Project Description
23. Government of Nepal (GON) has formulated a 20-Year Road Plan with the main objective of developing Strategic Road Network (SRN). Some of the specific objectives of the 20-Year Road Plan also include (i) strengthening political and administrative linkages (ii) poverty alleviation (iii) development and utilization of social, economic and cultural potentials (iv) minimization of total transportation cost and (v) minimization of adverse effects on the environment. The implementing strategies of the Plan also include connecting the District Headquarters (DHQ) and providing road linkage to the DHQ with adjunct road networks of neighboring countries. The strategy adopted by the 20-Year Road Plan aligns with the priority set-forth by the Tenth Five Year Plan (2002-2007) and gives attention to the construction of low cost feeder roads and strategic roads connecting North to South.
24. The objective of the Road Connectivity Sector I Project- Nepal (RCSPI) is to provide assistance to GON for improvement of feeder roads connectivity to rural areas and to increase the capacity and efficiency of the road network in the country. The Project funded by ADB under ‘sector grant’ envisages construction/up gradation of about 600-700 km in all regions of Nepal. Out of this, a total of three roads have been identified as ‘sample’ subprojects under the RCSPN Project Preparation Technical Assistance (PPTA) which will be used as “model” for project preparation for the remainder of the roads. These three sample subproject roads comprise of namely (i) Galchhi – Trishuli -Syaphrubesi (ii) Tamakoshi –Manthali -Khurkot and (iii) Phidim -Taplejung. The Department of Roads (DoR) is the primary agency responsible for Project implementation. In addition, the DoR is also responsible for preparing Resettlement Plans (RP) for the subsequent subprojects under the grant. This RP has been prepared for Galchhi-Trishuli-Syaphrubesi Subproject under the RCSP1. Figure 1.1 below provides a map of the Subproject area showing the Subproject road.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 6 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
Figure 1.1 Location Map
Road Connectivity Sector I Project (ADB Grant No. 0051 - NEP (SF)) 7 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
25. This Resettlement Plan (RP) has been prepared for the improvement of Galchhi - Trishuli - Syaphrubesi Subproject with a total length of 89.68 km. The major activities to be carried out under RCSP1 comprise of - (i) drainage improvement, (ii) minor realignment of the Subproject road, and (iii) pavement improvement and minor widening. A description of the sample Subproject road is provided in Table 1.1 below. The existing road centerline has been generally maintained in the detailed design, which minimizes resettlement and still meeting the minimum geometric standards of the feeder roads. The possible to shift the road centerline to one or other side to minimize resettlement, particularly at locations where the affected structures fall along one side only has been considered. Further reduction of corridor of impact is received through modification of wall and drain sections adopting the types that require least width in plan.
Table 1.1 Details of Galchhi – Trishuli – Syaphrubesi Subproject Length District Construction Details (km) Additional roadside structures, slope protection works, Dhading, Nuwakot 89.682 bioengineering works, drainage / cross drainage and Rasuwa works, pavement construction / sealing with DBST Source: Detailed Design - June 2008
1.2. Project Benefits and Impacts
26. The Subproject road traverses through the three districts namely, Dhading, Nuwakot and Rasuwa, providing access to the National Highway (NH) named Prithvi Rajmarg at Galchhi of Dhading District (approximately 47 km west from the national capital - Kathmandu). Reductions in traveling time due to improvement of the Subproject and direct linkage with National Highway are two of the major benefits of the Subproject. In addition, it is also anticipated that implementation of this Subproject may bring several positive impacts in the socio-economic scenario of the Subproject districts thereby contributing towards poverty reduction in the area. Employment opportunity during construction period, scope of emerging several economic activities, like; development of market center, tourist center, easy transport facilities to export and import goods from and to the Subproject districts, increase in land price along the road in the Subproject districts, scope of developing other infrastructure development and economic diversification activities are some of the apparent beneficial impacts of the Subproject. The Subproject is anticipated to bring immediate market area development and socio-economic changes in Galchhi in Dhading District located at 0+000 chainage of the road section since Galchhi is situated at the junction of a national highway which connects most of the districts in both eastern and western regions of the country. In addition, the Subproject construction will enhance the scope for developing the pilgrimage center at Devighat of Nuwakot located at km 16+000. Likewise, the improvement of the Subproject is also expected to increase the number of tourists visiting Langtang snow peak for trekking and Gosaikunda Lake of religious significance thereby contributing to tourism development and employment creation for the local population in Dhunche of Rasuwa District.
27. The road is aligned along the existing road. An average available width of existing road is 5.5 meters. The detail design requires a footprint width of 6 – 12 meters in different sections of the road. The acquisition of 8135.82 sq.mtrs (0.81 ha) will be required for widening the existing road to design width in different sections of the alignment. However, the Subproject construction necessitates minor acquisition, where existing alignment is insufficient to meet the requirement of new design. Specifically the land will be affected in Ratmate, Jillig, Bidur, Gerkhu and Duipipal VDCs of Nuwakot District and Laharepauwa, Dhaibung, Ramchhe, Dhunchhe and Syprubesi VDC of Rasuwa District. The PPTA estimated the extent of land requirement 812.59 sq. metres of uncultivated land only in the
Road Connectivity Sector I Project (ADB Grant No. 0051 - NEP (SF)) 8 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road landslide area (chainage 64+900 to 65+100) and not in other sections of the alignment. The detailed design RP survey measured the land acquisition requirement in different sections along the alignment. A total of 369 land parcels (with and without structures) will be affected. The nature of other resettlement impacts identified in the Subproject comprise of impact on land with residential structures, residential cum commercial structures and loss of their businesses, temporary structures, and common property resources including public taps. The RCSP1 has its objective of avoiding involuntary resettlement wherever feasible by means of adopting an appropriate technical design, which leads to minimization of the resettlement impact. The number of structures has been accordingly substantially decreased in comparison to PPTA. However the technical design required strips of land at most of the alignment to widen the road to feeder road standard. Hence the number of land parcels has increased.
28. Of the total 369 affected land parcels, the number of parcels without structures are 363 and with structures 6. Total numbers of affected households are 332 (i.e. 331 official land owner and one encroaching HHs). Interviewed households were 250 and absentees 82.
Table 1.2 Number of Affected Land Parcels Land Parcels Land Area to be acquired (sq.m) Types of Assets Detailed Detailed Design, Affected PPTA, 2005 PPTA, 2005 Design, 2008 2008 Land only 263 7 Land with 6 120* Structures 8135.82 812 Total Land Parcels 369 129 Note: *This figure is reported as number of households in PPTA resettlement report and not as number of parcels.
29. The total population in 250 interviewed households was 1625. The household size is 6.5. The population of absentee land owners is estimated as 533 by the household size of 6.5. The total affected people in 332 household are 2,158. The affected families and affected people (APs) are shown in Table 1.3.
Table 1.3 Affected Households and APs Type of Asset Affected No. of Affected HHs No. of APs Detailed Detailed PPTA, PPTA, 2005 Design, Design, 2005 2008 2008 Land only 7* 363* 39 2113 Land with residential structures 61 2 46 6 Land with residential cum commercial 41 1 20 7 structures Land with temporary commercial structures 18 1 5 6 Compound wall with land 0 2 0 13 Encroached with stairs 0 1 0 6 Tenants of residential structures 1 0 5 0 Tenants of residential cum commercial 1 0 5 0 structures 129 369 584 2158 Total Source: Affected Persons Survey, May-June 2008 • 82 affected land owners were absentees .
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30. The impacts of the Subproject include the loss of a portion of land of each of 369 plots of 331 households. Of the total affected plots, 363 are agricultural lands of 325 households with 2,113 people. 6 plots are plots with residential, residential cum commercial, and temporary commercial structures of 6 households, remaining one is encroach staircase. In addition, a total of 7 common property resources (CPRs) namely public taps will be affected. All these losses will be compensated at replacement value and/or re-established in consultation with the stakeholders.
31. The Subproject construction necessitates minor acquisition, where the existing alignment is insufficient to meet the requirement of the new design. Specifically minor land acquisition is necessary through out the alignment. The extent of land requirement for the subproject comprises of 8135 sq. metres (0.81ha). The land to be acquired mostly comprises small strips of uncultivated lands in either side of the existing road foot print thereby having no major impact on the income of the affected households. Of a total of 7 structures from 7 households getting affected as a result of the Subproject, no any structures will impose a significant impact. In case of temporary commercial structures, attempts will be made to shift them to the end of the RoW to minimize impact on incomes. The details of the type and extent of losses and discussions held with each of the affected groups is presented in Chapter 2 of the main text.
1.3. Measures to Minimize Impact
32. As an approach to reduce resettlement impact, the detailed design has taken primarily 6.5 meters width for the single lane carriageway including hard shoulders and side drain. The detailed design width ranged from 6 - 12 meters in different sections of road alignment as technically required. Principally, the Design Standards of Feeder Roads (Third Revision, GON, DOR, 1997) has been followed as the basis for the technical design of this Subproject. Based on the design standards, an average width of formation, carriageway and shoulders was estimated as 8 m in the 2005 PPTA for low trafficked Feeder Roads. However the numbers of plots (369) affected as per the new detailed design has increased against the 127 number of affected estimated by the PPTA, 2005.
33. The other resettlement impacts identified in the Subproject comprise of impact on land with residential structures, residential cum commercial structures and loss of their businesses, temporary structures and common property resources. The detailed design minimized the resettlement impact to 7 structures against the 120 identified by the PPTA, 2005. The impacts on the tenants of the structures are also accordingly reduced. None of the tenants were identified at the time of survey.
1.4. Objective of the Resettlement Plan
34. The Resettlement Plan (RP) is guided by the ADB Policy on Involuntary Resettlement, Land Acquisition Act of Nepal 2034 (1977) and other relevant policies and guidelines related to feeder roads. The main objective of the Plan is to identify impacts and to plan measures to mitigate various losses due to the Subproject. The Plan also aims to provide effective guidelines to the GON for RCSP1 Implementation Management, to address the identified resettlement impacts as per the Plan and to ensure that the households and people affected due to the Subproject are compensated under the prevailing legal norms of GON in keeping with the ADB guidelines. The RP has been prepared taking into account the general findings of the field reconnaissance survey, 100 percent Census of Subproject affected households and socio-economic survey of 20 percent of the population in the Subproject road area, meetings with line agencies and consultation with various stakeholders in the Subproject area at district and local levels. The RP identified:
• Type and extent of losses;
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• Principles and legal framework applicable for mitigation of losses;
• Entitlement matrix, based on the inventory of loss,
• Provisions for relocation assistance and restoration of businesses/income;
• Budget and institutional framework for the implementation of the Plan
• Monitoring of the RP measures.
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2. THE PROJECT AREA: SOCIO-ECONOMIC PROFILE AND SURVEY
35. This chapter presents an overview of the Subproject area and an analysis of the impacts based on the Census conducted in the Subproject area. The main objective of the impact analysis is to develop the profiles of APs and communities affected by the Subproject along with identification of the nature and types of losses to prepare inventory of the affected assets.
2.1 The Subproject Area
36. The proposed Subproject road passes through the three districts - Dhading, Nuwakot and Rasuwa. The majority of the road sections pass through Nuwakot and Rasuwa Districts with the exception of only a small section traversing through Dhading District. The Subproject includes improvement and upgrading of 89.68 km of road connecting Galchhi of Dhading District to Syaphrubesi of Rasuwa District. The 0+000 chainage of the road starts at Galchhi of Dhading District located at a distance 47 km west of Kathmandu and linking the starting point with the Prithvi Rajmarg (National Highway). As per the existing alignment, about 4 km of road section from Devighat to Trishuli is bituminous. The rest of the section is graveled/fair-weather road.
37. The Subproject road passes through river valleys which are agricultural areas. The Subproject road is a critical link between highland and lowland facilitating the movement of food, goods and other services. As a result of it, the settlements in and around the roadsides are increasing because of accessibility and other opportunities along the Subproject road leading to the gradual development of various market centers along the road.
38. The major ethnic IP groups present along the Subproject area comprise of Tamang and Newars (advanced IP). Other major caste groups are Brahmin and Chettri. Agriculture, dairy and small enterprises such as hotels and restaurants are some of the major economic activities in the Subproject area.
39. The Municipalities and VDCs coming under the Subproject Districts are provided for in Box-1.
Box-1: VDCs & Municipalities in Galchhi-Trishuli-Syaprubesi Subproject
a. Dhading District: Baireni, Gaganpani VDCs
b. Nuwakot District: Jiling, Ratmate, Dui Pipal, Gerkhu VDCs and Bidur Municipality
c. Rasuwa District: Laharepauwa, Dhaibung, Ramche, Dhunche, and Syapru VDCs.
40. The Subproject entails - (i) improvement of carriageway of 3.5 m. width (ii) upgrading of hard shoulders of 0.5 m on each side (iii) construction of drains with an average 1 m. width or as required and construction of retaining walls in some sections to prevent land slides in the Subproject. In some locations a further 2.5 meters is required for passing bays.
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2.2 Socio-Demographic Profile
41. The average family size in the Subproject area is relatively high at 6.49 against the national average of 5.48. A brief population profile of the project districts is given in Table 2.1.
Table 2.1 Social-Demographic Profile of the Subproject Area Districts Population Districts Population Number No. of Average Area in % Density HHs HH Size Sq. Km. Total Male Female 4,919,66 All-Nepal 26,966,581 13,515,938 11,563,921 - 5.48 147,181 183.46 6 Rasuwa 51,276 26,772 24,504 0.19 9968 5.14 1,544 33 Nuwakot 322,825 159,725 163,100 1.25 59,499 5.42 1,121 288 Dhading 38,8211 190,134 198,078 1.46 71,942 5.40 1,926 202 Source: 2008 Estimate based on National Census, 2001
2.3 Economic Profile
42. The economy of the Subproject districts is primarily based on subsistence agriculture with small presence of commercial enterprises to earn small cash income. Agriculture is basically concentrated to meet the food requirements of the family. Generally, cash income is also generated from dairy, vegetable production, fruit production, and small cottage industries. Dhading and Nuwakot Districts have various river valleys where paddy is produced. The economy of these two districts is based on agriculture, but households are also involved in other sources of income, vegetable production for instance. Rasuwa is located on high altitude and thus it cannot produce sufficient amount of paddy. Maize and millet are the staple crops of this district. Animal husbandry, dairy product and tourism are other major sources of income of this district.
2.4 Poverty Status
43. Based on National Census, 2001 and Nepal Human Development Indicators, 2004, poverty status of the Subproject districts is lower than the national level. Table 2.2 provides a synopsis on the development indicators including poverty index in the Subproject Districts.
Table 2.2 Development Indicators of the Subproject Area Districts Location HDI (Rank) HPI (Rank) GDI (Rank)
All-Nepal 0.471 39.6 0.452
Rasuwa 0.394 (62) 54.4 (67) 0.376 (60)
Nuwakot 0.463 (38) 43.8 (41) 0.445 (37)
Dhading 0.410 (55) 47.7 (51) 0.394 (53) Source: National Census (2001) report; Nepal Human Development Report 2004 by UNDP: 141-170
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2.5 Survey
44. A survey of the Subproject affected households was carried out along the road in the months of May and June 2008. The census was carried out based upon the detailed design drawings prepared by the technical team. Samples of typical Cross Sections are shown in Annex III. The affected families were interviewed in the Subproject corridor by using structured questionnaire and discussions with the APs and other local people.
45. The main objective of the survey was to prepare an inventory of all the affected assets and affected households. Another objective of the survey was to estimate the extent of resettlement impacts due to the Subproject implementation and to prepare a Resettlement Plan accordingly for compensating and providing necessary assistance to the eligible affected people based on ADB guidelines and prevailing law of Nepal. All the affected assets and families were identified and head of the affected households or representatives were interviewed through the structured questionnaire followed by preparation of inventory of all the affected assets during the census survey. In this Subproject, a total of 348 affected families were identified as having impact caused by the acquisition of residential structures, residential cum commercial structures, land, and shifting of temporary movable kiosks. Except for 98 absentee families suffering from impact on their land all of the 250 households were interviewed during the census.
46. The Summary of the total affected households and affected persons by the Subproject is presented in Table 2.3.
Table 2.3 Summary of Affected Households and Affected Families Subproject Total Affected Households Total Affected Persons
Galchhi-Trishuli-Syaphrubesi Road 332 2158 Source: Affected Persons Survey, May – June 2008
47. Of 250 interviewed affected households in the Subproject area, 115 were identified as ethnic/ indigenous people. Other occupational caste groups, Dalits were 7 and others including Brahman, Chhetris were 128 households. Based on the census and field observation the households belonging to Janajati and Dalit will have an insignificant impact due to the Subproject. Such minority groups are also found assimilated and absorbed with other caste groups sharing common social values, norms and culture. Table 2.4 provides the distribution of affected households by ethnic and caste group categories.
Table 2.4 Affected Households by Ethnic and Caste Group Categories Affected Households Type No. of Affected HHs Percentage Janajati/ IPs including 115 34 Advanced IP Newar (24 hhs) Dalit 7 2
Other Caste Group 128 39
Absentee 82 25
Total 332 100
Source: Affected Person Surveys, May-June 2008 * Absentee households having effect on agriculture land
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2.6 Social Profile of the Affected Households
2.6.1 Literacy and Education
48. Out of a total 250 interviewed affected households , 45 percent respondents comprised of illiterates, followed by 29 percent functionally literate (can read and write) respondents. Remaining 26 percent comprised of a mixed group of those with primary, lower secondary, secondary, SLC level and above. Table 2.5 provides proportionate distributions of literacy and educational status of the respondents of affected households.
Table 2.5 Educational Status of the Respondents of Affected Households Educational Status No. Percent Illiterate 113 45 Literate (can read and write) 72 29 Primary 7 3 Lower Secondary 18 7 Secondary 13 5 SLC 13 5 Above SLC 14 6 Total Reported 250 100 Not Known/Reported 82* - Total 332 Source: Affected Persons Survey, May – June 2008 * Absentee land owners
49. The male literacy status in the Subproject area was 57 whereas it was reported 43 percent in the case of female respondents. Table 2.6 indicates the distribution of male / female literacy status in the Subproject area.
Table 2.6 Literacy Status of the Family Members of the Households Not Reported HHs Total Literate Male Literate Female Reported No. Family Members No. Percent No Percent (HHs) 250 889 507 57 382 43 82* Source: Affected Persons Survey, May - June 2008 * Absentee land owners
2.6.2 Age Group of Household Population
50. With regard to average distribution of households by age group in the Subproject area, about 61 percent population comes under the category of 15 - 60 years age group. It is 29 percent among below 15 years age group and 10 percent above 60 years age group. Distribution of reported family members of the Subproject by age group is given in Table 2.7.
Table 2.7 Average Family Size Age Group in the Subproject Area Reported HHs Reported Not Total HH Population by Age Group HHs Reported Family Below 15 Yrs. 15-60 Yrs. Above 60 Yrs HHs Members No. % No. % No. % 250 82 1625 471 29 991 61 163 10 Affected Persons Survey, May – June 2008 * Absentee land owners
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2.7 Economic Profile
2.7.1 Occupational Background of the Households
51. The survey of Affected Persons revealed that a majority of the affected households are by and large dependent on more than one source of income for the fulfillment of their livelihood needs. Agriculture with other allied subjects and business enterprises were identified as the main source of livelihood. Major occupations amongst the Subproject affected households were agriculture with other livelihood support job 66.8%, followed by businesses 18.2%. Other sources include service pension 8.3% and wage labour 2.2%. Collectively, agriculture, including livestock, cottage industry and small business have been reported to be the main sources of income of all the affected households. There is an overlapping with respect to main sources of income amongst the affected households. The distribution of interviewed household in terms of main sources of household income is given in Table 2.8.
Table 2.8 Main Sources of Income of Interviewed Households Affected Households Reported Sources of Income In No. In Percentage Agriculture 12 4.5 Agriculture & Livestock 19 7.6 Agriculture, Livestock, Service/ Pension & Wage Labor 54 21.6 Agriculture & Cottage Industry 0 0.00 Agriculture & Business 7 2.7 Agriculture, Business & Rental of Commercial Structures 6 2.3 Agriculture, Business & Service/ Pension 7 3.0 Agriculture, Business & Wage Labor 5 1.9 Agriculture & Rental of Commercial Structures 1 0.4 Agriculture, Rental of Commercial Structures & Service/ 2 0.8 Pension Agriculture & Service/ Pension 11 4.2 Agriculture, Service/ Pension & Wage Labor 1 0.4 Agriculture & Agriculture Labor 11 4.2 Agriculture & Wage Labor 30 12.1 Agriculture & Other( small business, seasonal migration) 2 0.8 Cottage Industry 1 0.4 Cottage Industry & Other 4 1.5 Business 4 1.5 Business & Rental of Commercial Structures 3 1.1 Business, Rental of Commercial Structures & Service/ Pension 5 1.9 Business & Service/ Pension 9 3.8 Business & Other 9 4.9 Rental of Commercial Structures 7 2.7 Rental of Commercial Structures & Service/ Pension 1 0.4 Service/ Pension 21 8.3 Wage Labor 6 2.2 Total HHs Not Reporting Sources of Income 12 4.9 Total Affected Households 250 100 Source: Affected Persons Survey, May – June 2005
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52. Out of total 1625 APs, 934 persons are found to be economically active in the Subproject area. Among them 46% females reported of being economically active against the males 54% indicating that the females in the Subproject area are also playing a prominent role in the income-generation sphere. Table 2.9 provides breakdown of the economically active population of the Subproject area by sex. While age-factor is taken as economically active population, 61% of the population are of the age-group 15 – 60 and taken as economically active.
Table 2.9 Breakdown of Economically Active Population by Sex Total Number of Male Total number of APs Total Number of Female Involved in Income Involved in Income Involved in Income Generation Generation Generation No. Percent No. Percent No. Percent
432 46 502 54 934 100 Source: Affected Persons Survey, May – June 2008
2.7.2 Average Annual Income and Poverty Status
53. As an approach to assess the poverty status of the interviewed households the respondents were also asked about the average annual income of their family from different sources. As per the government poverty line, minimum per capita required to secure above poverty level in the Subproject districts is NRs. 8069.60. On this basis, the minimum household income above poverty level was determined by multiplying the per capita amount by the average family size of Subproject districts, which is 6.49. According to this, the minimum household income was fixed to be NRs. 52,372 to be above the poverty level in the Subproject area.
54. Based on this calculation, 48 households in the Subproject area were identified to be Below Poverty Level (BPL) in terms of their average annual household income. Table 2.10 provides breakdown of the affected households as per the average annual income range.
Table 2.10 Average Annual Income of the Affected Households (NRs) Affected Households Income Range In No. In Percent BPL (
55. The poverty status of Subproject VDCs is given in the Table 2.11. The poverty incidence is higher (43.9) at project VDCs level than the poverty level (19) at the direct impact zone of road alignment.
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Table 2.11 Poverty Incidence in Project VDCs Project VDCs by Districts Ilaka Code Poverty Incidence Dhading (43.3) Baireni 3012 47.2 Gaganpani 3008 39.1 Nuwakot (37.4) Jiling 2804 37.7 Ratmate 2804 37.7 Dui Pipal 2804 37.7 Gerkhu 2809 36.1 Bidur Municipality 2814 14.3 Rasuwa (50.9) Laharepauwa 2904 50.3 Dhaibung Ramche 2904 50.3 Dhunche 2901 54.0 Syapru 2909 36.9
56. In the Subproject area, of the 250 respondent households, 133 (53%) come under the ethnic/ indigenous people. Other caste groups are 47%. Of the total IPs, 10% have been reported of falling under Below Poverty Level (BPL). In other castes 9% are below poverty level. Table 2.12 provides breakdown on poverty status of the affected households by ethnic/indigenous/occupational and other caste groups.
Table 2.12 Poverty Status by Ethnic/Indigenous & Other Caste Groups Ethnic/Indigenous/ Affected Other Caste Groups Total Occupational Caste Groups Households Type Number Percent Number Percent Number Percent
BPL HHS 25 10 23 9 48 19
Above BPL HHs 108 43 94 38 213 81
Total 133 (100%) 53 117 (100%) 47 250 100
Not Reported - - - - 82* -
Total - - - - 331 Source: Affected Persons Survey, May-June 2008 * Absentee households having effect on agriculture land
57. The above table indicates that 19% of the affected people comprise of BPL households thereby necessitating assistance and appropriate measures for them.
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2.7.3 Main Income Earners
58. In the Subproject area, both male and female were reported to be active earners of the affected households. Of the total interviewed 250 affected households, 70 percent reported that there is equal involvement of both male and female in earning activities. In terms of comparative distribution of male-female involvement in such activities, female's involvement in main income earning was reported to be 2% against the males 28% in the Subproject area. This can be primarily attributed to higher proportion of female's involvement in agriculture sector as in most of the districts of the country. Table 2.13 presents distribution of main income earners according to sex.
Table 2.13 Main Earners in the Subproject Area Main Income Earners Equal Involvement Not Known of both Male & Total
Male Female Female No. Percent No. Percent No. Percent No. Percent No. Percent
70 28 5 2 175 70 - - 250 100 Source: Affected Persons Survey, May – June 2008
2.8 Gender Impacts of the Subproject
59. Illiteracy, lack of ownership of property, lack of decision making authority, extensive involvement in household activities are some of the basic indicators of female's socio- economic status in the Subproject area. With a view to assess different gender related issues and impacts associated with the Subproject, special focus was made during the social impact analysis in the subproject to look into the gender status in the Subproject districts. Based on literature review and the findings of focus group discussions during Social Impact Assessment, some of the key gender indicators and status is discussed below:
2.8.1 Gender Status
60. All the three Subproject districts have lower Gender Development Index (GDI) than the national average. The national average is calculated as 0.452. The GDI is calculated based on life expectancy, educational attainment and income in accordance with the disparity in achievement between women and men, and reflects the status of women in the society. The overall GDI of the country is at lower scale indicating various gender related discriminations in development achievements. Table 2.14 shows the position of different Subproject districts in terms of GDI.
Table 2.14 Gender Development Index (GDI) in Subproject Districts District Gender Development Indicator Rasuwa 0.376 (60) Nuwakot 0.445 (37) Dhading 0.394 (53) All-Nepal 0.452 Source: National Census (2001) Report; Nepal Human Development Report 2004 by UNDP: 141-170.
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2.8.2 Education Status of Women
61. Female illiteracy has also been identified to be higher in all Subproject districts. Amongst the three Subproject districts, female illiteracy has been identified as highest in Rasuwa District. Table 2.15 shows comparative illiteracy status between male and female population in the country and Subproject districts.
Table 2.15 Illiteracy Rate in the Sub-project Districts by Sex District Total Male (%) Female (%)
Nuwakot 42.47 30.76 53.92
Rasuwa 60.00 50.94 70.01
Dhading 48.41 37.01 59.21
All Nepal 39.75 28.36 51.06 Source: National Census, CBS, Nepal 2001
2.8.3 Ownership of Property
62. As Nepal is basically a patriarchal society, household property is mainly owned by male members. However, there are some variations within the country, which is mainly because of the cultural reasons. For instance, the empowerment of women within the family is considered high among the indigenous people compared to other caste groups.
63. The ownership of various types of property by women is shown in Table 2.16. The table shows that very few women have ownership of household property. For example, at the country level in only 5 percent households’ women have ownership of some land and an equal number of households have women having ownership of some livestock. Women's ownership of other properties like house, and a combination of these assets is extremely low reflecting their weak socio-economic status in the society.
Table 2.16 Households having Women’s Ownership on Various Properties Subproject Districts Ownership Nepal(%) Nuwakot(%) Rasuwa(%) Dhading(%)
Houses only 0.78 0.38 0.34 0.27
Land only 5.25 4.41 2.71 3.61
Livestock only 5.42 9.80 7.53 11.57
House and land only 3.86 2.59 1.24 2.25
House and Livestock only 0.09 0.11 0.10 0.13
Land and livestock only 0.94 1.57 0.76 1.45 House, land and 0.78 1.19 0.76 1.18 Livestock Source: National Census, CBS, Nepal 2001
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2.8.4 Women's Work Participation
64. Women in the Subproject area were extensively involved in farming, cattle raring and household activities. However, few women were reported to be engaged in other activities apart from household and agricultural activities. Such as vegetable farming and dairy products, mobile traders and settled traders, operating tea and other small shops.
2.8.5 Mobility Pattern
65. In Nepalese society, especially in the rural areas women's mobility is limited to household work, agricultural activities and visiting the relatives. However, the mobility of ethnic (Janajati) and the indigenous group's women are more free primarily due to the higher position of women in these groups. But the recent trend has been that, irrespective of caste and ethnic group, women in the Subproject districts have reported visiting district headquarters and nearby markets to process grain in the mills and to sell fruits, vegetables, diary products and buy things required in the household. In addition, in the Subproject districts, it has been reported that women's mobility has been gradually increasing due to provision of their involvement in several development and social service related activities, like; to serve as Female Community Health Volunteers for the health centres, for the formation and mobilization of women's user committee like; community forest users' group. The Subproject construction is further being seen as a factor that will also enhance the mobility pattern of women.
2.8.6 Decision-making Status
66. The interactions and discussions held in the Subprojects area revealed that usually in rural areas, women are given responsibility to take some decisions in farming, trade and household affairs. But, the same needs to be agreed to by the head of household or other male counterparts or senior family members. However, some changes are also seen in recent times as a result of the social organizations of women. With increasing number of women groups being formed, women are slowly gaining a say in community level decision making. The presence of a number of saving and credit groups and self-help groups of women was noticed in the Subproject area which is providing a collective decision-making strength to women.
2.8.7 Subproject's Impact on Women
67. One of the most important benefits as perceived by women with regard to the Subproject is that the improvement of road will provide easy access to reach health facilities particularly during child-bearing. Besides, discussions among the women revealed that the improved transport facilities will greatly benefit their mobility by reducing the travel time. Similarly, improvement of the road has been as an opportunity by women engaged in small trade for selling and purchasing goods. Likewise, they were also of the opinion that commencement of Subproject may also provide them employment opportunity during construction phase.
68. Some of the possible negative impacts of the Subproject as voiced by women in the Subproject area are - (i) speeding vehicles might lead to traffic accidents (ii) women's mobility may be disturbed due to visit of outsiders in the villages during construction phase. However, the Census brought forth that the Subproject construction will affect 22 female headed households.
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2.9 Types of Subproject Impacts and APs
69. A total of 348 households were identified to be affected by the Subproject. Out of the total affected households, 338 (93%) households will suffer loss of land, 10 (3%) households will incur impact on land with house and other structures. Of the total land with structures, 5 are residential type structures with 1 residential cum commercial type. One other parcel has land with temporary commercial structures. Two are compound walls and one is a staircase encroaching within the road footprint. Details are given in the Table 2.17.
Table 2.17 Affected Households and APs in Galchhi-Trishuli-Syaphrubesi Subproject Type of Asset Affected No. of Affected HHs No. of APs PPTA, Detailed PPTA, Detailed 2005 Design, 2008 2005 Design, 2008 325* Land only 7* 39 2113 2 Land with residential structures 61 46 13 Land with residential cum commercial 1 41 20 7 structures Land with temporary commercial 1 18 5 6 structures Compound wall with land 2 0 0 13 1 Encroached with stair 0 0 6 0 Tenants of residential structures 1 5 0 Tenants of residential cum commercial 0 1 5 0 structures Total 129 332 584 2,158 Source: Affected Persons Survey, May-June 2008 *82 affected land owners were absentees
70. Of the total 369 affected families, interviews were carried out with 250 affected families during the census based on their assets inventory and effects. The remaining 82 families undergoing loss of land were absentees.
71. The Subproject will improve the existing alignment for single lane traffic (within the existing road corridor). Despite the limited nature of Subproject design, the structures will be affected in the subproject sections.
2.9.1 Impact on Socially Vulnerable Groups
72. Out of 250 interviewed affected households, a total of 89 households with repeat cases were identified as vulnerable in the Subproject area. The major vulnerability indicators in the Subproject area were dominance of households below the poverty level and female headed households. Table 2.18 presents details on vulnerability categories of the Subproject
73. Although the Subproject has 48 BPL households, none of these households will undergo significant impact due to the Subproject in terms of loss of assets and income. However, none of the structure affected households were found to be IP families and BPL which falls under the above mentioned vulnerability category.
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74. The Subproject will not have any significant impact to the minority and endangered IPs. It is pertinent to note that most of the ethnic groups along the road in the Subproject area share common social norms and are integrated into the mainstream.
75. However, based on the government policy and ABD guidelines' focus on considering the ethnic/indigenous groups in the development project, the RP has made provision of additional financial assistance to the vulnerable APs like; female headed households, elderly headed households, households having disabled family members and below poverty level @ NRs. 2,000 per family for the period of three months as an transitional allowance to manage from the likely affect due to the Subproject. The amount was estimated based on consultation made with such APs and local NGOs.
Table 2.18 Vulnerability Status of the APs of Affected Households PPTA, 2005 Detail Design 2008 Vulnerability Category No. %
Female Headed Households - 22 9
Having Disabled Members 2 0 0
Having Elderly Members 1 12 5
Below Poverty Level 47 48 19
Schedule Caste/Dalit (occupational caste groups) 1 1 7 2
Endangered and Minority IPs 61 - -
Total Vulnerable Affected Peoples (APs) 112 89 35
Non Vulnerable households 15 63 25
Absentee Land Owners 2 98 39 Total Interviewed Affected households 129 250 100 Source: Affected Persons Survey, May – June 2005 and 2008
2.10 Impact on Structures
76. As revealed by census data, a total of 7 structures, 2 residential structures, one residential cum commercial structure, 2 compound walls with land, one moveable kiosk and one encroaching stair case will be affected by the Subproject construction. Hence, altogether 7 structures from 7 households will be affected. The following Table 2.19 provides details of the structures loss and type.
1 These groups are categorized by GoN, Ministry of Home Affairs and are properly known as Janajaties. Details of these Janajatis are given in Annex IV and are categorized in Attachment 1.
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Table 2.19 Types of assets by loss and structure type Type of Asset No. of No. of Affected HHs No. of APs Affected Structures, 2008 Detailed Detailed PPTA(2005) Design, PPTA (2005) Design, (2008) (2008) Residential Structures 2 61 2 323 13 Residential cum 1 1 41 117 6 Commercial Structures Temporary 1 Commercial Structures 1 18 95 6 /Kiosk Compound Wall with 2 2 0 0 13 land Encroached Stair 1 1 0 6 Total 7 120 7 535 44
2.11 Impact on Residential Structures
77. As revealed by census data, a total of 2 residential structures will be affected by the Subproject construction. The following sub-sections provide details of the extent of loss, structure construction type and ownership pattern of the affected residential structures.
2.11.1 Type of Affected Residential Structures
78. In the Subproject area, both affected residential structures are constructed with stone wall with mud and tin roof. Table 2.20 provides a breakdown of the affected structures as per the construction type.
Table 2.20 Types of Affected Residential Structures Affected Households Types of Structures Number Percent Frame Structure/Tinned - - Stone Built/ Tinned 2 1000 Wooden - - Total 2 100 Source: Affected Persons Survey May – June 2008
2.11.2 Extent of Loss
As per Table 2.21 below, 2 residential structures affected will lose the frontage/extended part of the main structure.
Table 2.21 Extent of Loss of Residential Structures Extent of Loss Extent of Loss In numbers In Percentage Fence/ Wall - - Frontage / Extended Part 2 100 Main Structures - - Other (cattle shed ) - - Total 2 100 Source: Affected Persons Survey, May – June 2008
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79. Taking into account the extent of loss, the RP has made adequate provisions for compensating as well as assisting the affected households in overcoming their losses. Detailed discussions were also undertaken with those affected during the census on the various options of resettlement and rehabilitation based on which appropriate entitlements and provisions have been worked out in the entitlement matrix. The residential structures will have a non-significant impact. Nevertheless appropriate measures have been integrated into the RP to compensate the same.
2.11.3 Extent of Loss of Residential Structures by Vulnerable Households
80. Out of 2 households losing residential structures, none of the households were reported under the vulnerability category in terms of Below Poverty Level (BPL) and ethnic minority groups.
2.11.4 Legal Ownership of the Residential Structures
81. Of the total 2 affected residential structures covered during the Census survey, 100 percent reported having legal ownership to the affected assets. Table 2.23 provides breakdown of the ownership status of the affected residential structures.
Table 2.22 Ownership Status of the Affected Residential Structures Ownership Status Total Number of Affected Households Ownership Type In Numbers Percent Titleholders 2 100 Tenants 0 0 Titleholder Encroachers 0 0 Total 2 100% Source:Affected Persons Survey, May – June 2008
2.11.5 Relocation and Rehabilitation Measures for Residential Structures
82. During the Census, discussions were also made with the affected about the options of relocating affected structure, if required. It is to be noted that all of the affected residential structures will not need relocation as they will mainly affect the frontage and extended parts. Appropriate measures have been integrated into the RP to compensate for the same. As per the provision made in the RP, the titleholders will be compensated for the loss of land and structures as well as the expenses of shifting and relocation. None of the households have impact on the main structure and will not require any relocation and those households loosing frontage and cattle shed have adequate land to rebuild them in their own land.
2.12 Residential cum Commercial Structures
83. The Census identified 5 residential cum commercial structures affect in the Subproject area which includes one residential cum commercial structures, 2 compound walls, one encroach staircase and one temporary kiosk, wherein the households operate shops in the front or ground floor and stay at the back or upper floors of the same structure. These structures have been classified under the category of residential cum commercial structure. These structures will be affected as a result of the Subproject construction.
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2.12.1 Construction Type of Affected Residential cum Commercial Structures
84. Out of 5, one is made of cement mortar/RCC/RBC, two cement/mud mortar compound walls, one stone built encroaching staircase and one wooden movable kiosk. Table 2.24 lists the types of affected residential cum business structures.
Table 2.23 Construction Type of Affected Residential cum Commercial Structures Total Number of Affected Structure Type of Structure In No. In Percent
Cement Mortar/ RCC/RBC 1 20
Cement/Brick Mortar Compound Wall 2 40 Stone Built Encroaching Staircase in 1 20 Cement Mortar Wooden Moveable Kiosk 1 20
Total 5 100 Source: Census, May – June 2008
2.12.2 Extent of Loss
85. None of the structure will have a significant impact on the main structure. The impact in residential cum commercial includes one residential cum commercial structure, two compound walls, one wooden moveable kiosk and one encroaching staircase. Table 2.25 provides breakdown of the extent of loss of the affected residential cum commercial structures.
Table 2.24 Extent of Loss of the Affected Structures Total Number of Affected Structure Type of Structure No. Percent
Compound Wall 2 29
Residential cum Commercial 1 14
Residential Structure 2 29
Wooden Moveable Kiosk 1 14
Other ( staircase encroaching) 1 14
Total 7 100 Source: Census, May – June 2005
2.12.3 Extent of Loss of Residential cum Commercial Structures by Vulnerable Households
86. None of the households have been under the vulnerability category. Out of a total of 7 structures, none of them lose the main structure.
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2.12.4 Legal Ownership of the Affected Residential cum Commercial Structures
87. Out of 5 residential cum commercial structures, 4 affected residential cum- commercial structure (including 2 compound walls and one temporary moveable kiosk), is reported having legal titles. However one possessing legal title has an attached staircase encroaching into the road footprint. Table 2.26 below provide details on the ownership status of affected residential cum business structures.
Table 2.25 Ownership Status of Affected Residential cum Business Structures Total Number of Affected Structures Ownership Type No. Percentage
Titleholders 4 80
Tenants 0 0
Encroachers (Part of Structure) 1 20
Total 5 100 Source: Affected Persons Survey, May – June 2005
2.12.5 Relocation and Rehabilitation Measures
88. Based on Census data there are only 7 households which will have impacts on their structures. Discussion with affected households brought forth that they need adequate compensation. However, among these 7 households, one stair case in Goganpani VDC Bairani is reported as encroached. In keeping with the RP measures, additional cash assistance of around NRs. 10,000 will be provided in addition to vulnerability grant in the RP to the vulnerable household to help initiate some enterprise to upgrade their livelihood like; goat farming, poultry farming, keeping small shop etc. No household will require relocation.
89. For the structures suffering temporary impacts the RP has made assistance provisions for the temporary loss of business. For those needing shifting, the RP has made provision for a shifting allowance. Provision of financial assistance has also been made for the loss of business due to Subproject impact on a case to case basis.
2.12.6 Employees in the Residential cum Commercial Structure
90. No employees have been observed in the affected residential cum commercial structures.
2.13 Temporary Movable Kiosk
91. The Census identified only one temporary movable kiosk in Syaphrubesi. The temporary movable kiosk will be pushed back into nearby available land. The temporary kiosk has a wooden body and a galvanized steel roof. The list of a movable temporary kiosk is included in the list of structures. The RP has made provisions for granting a shifting allowance to the kiosk owner.
2.14 Loss of Land
92. Based upon the detailed design the Subproject will acquire 8135.82 sq.m of land.
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The designed road will utilize the existing road footprint. Only small strips of private land all along the alignment will be acquired. The loss of land will not have any impact on the income of any of the affected households. Based on discussion with the affected plot owners, they are willing to give up their land in exchange for compensation at replacement value. Table 2.27 provides details on the affected land plots in the Subproject.
Table 2.26 List of Affected Land in the Subproject Total Land Number Area of Land Area to be SN District % of Loss of Plots Affected Acquired (sq.m) Plots (sq.m) 1 Nuwakot 182 539,494.65 4079.83 0.75
2 Rasuwa 187 1,351,404.78 4055.99 0.30
Total 369 1,890,899.43 8135.82 0.43 Source: Affected Persons Survey, May – June 2008 *82 Absentee affected land
93. As indicated in the table above, the loss of lands is only 0.43%. The area to be acquired comprises of both cultivable and uncultivable land. It will not have any major impact on the income or livelihood of the particular households.
94. There are 5 fruit trees 49 timber/fodder trees from 24 households have to be removed. The owners will be paid an agreed compensation amount for these trees.
95. 33 trees in community forests that will need to be removed. For each tree removed 25 new trees will be planted in their place. There will be no loss of crops in the Subproject.
2.15 Common Property Resources
96. In addition to the above losses, the Census identified a total of 7 community taps in different sections of Galchhi-Trishuli-Syaphrubesi road, which will require relocation during the time of Subproject implementation. Provision will be made to include such component in contractors' Terms of References under the utility costs for relocation and rehabilitation of such community structure during project implementation. The chainagewise location of affected taps is included in Annex 1. Besides this, the survey did not identify any other community structures getting affected as a result of the Subproject construction.
97. No temples, shrines, utility poles, irrigation canals etc will need shifting or reconstruction as a result of Subproject activities.
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3. RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX
3.1 Introduction
98. The objective of this chapter is to discuss the key national, state and Subproject specific resettlement policies and legal issues involved in land acquisition and compensation. This chapter describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the Subproject. The guidelines are prepared for addressing the issues limited to the RCSP1 for resettlement and rehabilitation of the APs. The Resettlement Plan has been developed based on guidelines of Asian Development Bank on Involuntary Resettlement, Land Acquisition Act, 2034 (1977) and other relevant policies and guidelines related to feeder roads.
99. The RP has been prepared based on the general findings of the census/social survey, field visits, and meetings with various Subproject affected persons in the Subproject area. The principles adopted establish eligibility and provisions for all types of losses (land, crops, structures etc). In addition to this the RP identifies the broad scope of the Subproject and outlines the policy, procedures and institutional requirements for preparing future sub- projects.
3.2 Policy Framework: Review of National Policy and ADB Requirements
3.2.1 Legal Framework
I. GoN Laws and ADB Policy Requirements
100. The Interim constitution of Nepal 2063 (2007) guarantees various socio-economic and political rights to its citizens. Article 17 (1) of the Constitution provides property rights to every citizen whereby they are entitled to earn, use, sell and exercise their right of property under existing rules and regulations. In addition, Article 17 (2) states that except for public interest the state will not acquire, obtain or exercise authority over individual property. Furthermore, Article 17 (3) illustrates that the State will compensate for the loss of property, if the states acquires or establishes its right over individual property for public interest.
101. Apart from the constitutional safeguards, Land Acquisition Act, 2034 (1977) is the core legal document to guide tasks related to land acquisition and resettlement activities in Nepal. There is provision in Clause 3 of the Act to acquire land for any public purpose, subject to the award of compensation. Besides, any institutions seeking land acquisition may also request GON to acquire the land under the regularity provisions subject to be compensated by such institutions' resources. As per the prevailing government rules, the compensation to be provided for land acquisition should generally be in cash as per current market value. However, there is also a provision under Clause 14 of the Land Acquisition Act 2034 (1977) to compensate land for land provided government land is available in the area. As per the regulatory provision, while acquiring land, GON forms a Compensation Fixation Committee (CFC) under the chairmanship of Chief District Officer (CDO) of the restrictive districts. The other members to be included in the Committee comprise of - Chief of Land Revenue, an Officer assigned by CDO, representative from District Development Committee (DDC), Concerned Project Manager. While determining the compensation, the Committee has to consider relevant acts and periodic guidelines of GoN in compliance with ADB policy and guidelines.
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102. The Act also envisages the possibility of two separate rates of compensation, distinguishing between families who lose all their land and those who lose only some part of their landholdings. In determining the compensation, the Committee must consider the loss incurred by persons due to acquisition of land, shifting of residence or place of business to another place. If the land has to be acquired for institutions other than the VDCs and institutions fully owned by the government, the Committee has to consider the following while fixing the compensation amount:
• Price of land prevailing at the time of notification of land acquisition; • Price of standing crops and structures, and • Damage incurred by the AP or by being compelled to shift his or her residence or place of business in consequence of the acquisition of land.
103. In other words, CFC under the Act is formed for actual verification of land to be acquired, reviewing and fixing compensation rate, identification of proper owner(s), distribution of compensation, providing necessary administrative support addressing associated issues. However, formally the implementation process of CFC begins once GON grants formal approval for the land acquisition. After the approval from government side, the Officer concerned of Executing Agency (EA) is entrusted with the task to initiate the process through public notification. The public notification also includes the activities of disseminating details of the land area, structure affected in municipality/VDC coming under the Project.
II. Current Resettlement Practice in Nepal
104. While determining the compensation, the Committee has to consider the relevant acts and periodic guidelines of HMG. The recent trend is the practice of fixing compensation through Community Consensus Valuation (CCV). During the implementation process of the RP, after the submission of the report to the Chief District Officer (CDO) with the details of specific location for the land and other assets to be acquired by the concerned Officer-in- Charge of the Project, the acquisition process is undertaken. The valuation of affected assets is as per the existing legal framework and guidelines. As specified in the LA Act Clause 13, a four-member committee headed by CDO of the concerned district is constituted for fixing up the compensation for lost assets. The other members include Project Chief or his/her representative, and a representative from the DDC. In this process, the Committee issues circular or extensive consultation with representatives of the project affected population, political party’s local representatives and relevant district level chiefs of line agencies to finalize and fix the rate of compensation. This integrated approach is in line with ADB policy guidelines. However, the prices set by the land revenue offices are normally lower than the prevailing market price. After finalization of the agreements, formal notification is placed in public places, local and national newspapers identifying the amount of land, owner and ownership related matters of the affected assets. The compensation amounts will be paid to the AP before the Commencement of Construction Works.
3.2.2 ADB Resettlement Policy
105. It is mandatory for all ADB assisted Projects to follow specific ADB safeguard guidelines on environmental and social issues. ADB’s Policy on Involuntary Resettlement (1995) and the Handbook on Resettlement: A Guide to Good Practice (1998) is followed to address the resettlement impacts of the Project. The ADB Policy recognizes & addresses the R&R impacts of all the affected persons irrespective of their titles and requires for the preparation of an appropriate RP in case of where involuntary resettlement as per the extent of impact. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses of the Subproject. ADB’s main policy guidelines are:
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• Involuntary Resettlement (lR) should be avoided or reduced as much as possible by reviewing alternative alignments for the Subproject; • Where IR is unavoidable, APs should be assisted to re-establish themselves and improve their quality of life; • Gender equality and equity should be ensured and adhered to throughout the project cycle; • Affected people should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. RPs should also be prepared in full consultation with APs, including disclosure of RP and project related information; • Replacement of land must be explored as an option for compensation in the case of loss of land. However, in the absence of land for replacement, adequate cash compensation should be provided for to all APs; • Compensation for loss of land, structures, other assets and income should be based on full replacement cost and be paid promptly. This should include transaction costs such as administrative charges and taxes; • All compensation payments and related activities must be completed prior to the commencement of civil works; • The RP to be planned and implemented with full participation of local authorities; • Assistance to APs to become economically and socially integrated into the host communities by means of design and implementation of participatory measures; • Provision for and replacement of Common Property Resources and community/public services to the APs; • Resettlement to be planned as a development opportunity for the APs; • Lack of legal titles will not be a bar to resettlement assistance; • Special attention to vulnerable people/groups, namely households below the recognized poverty line, Indigenous People, disabled, elderly persons and female headed households
3.3 Difference between ADB Policy on Resettlement and GON Legal Framework
106. Both the GON legal frameworks and ADB guidelines related to resettlement aim at achieving the following overall goals:
• Involuntary resettlement shall be avoided to the extent possible or minimized where feasible, exploring all viable alternative project designs. • Where displacement is unavoidable, people losing assets, livelihood or other resources shall be assisted in improving or at a minimum regaining their former status of living at no cost to themselves.
107. However, there exist certain key differences between ADB guidelines and GON legal frameworks which are summarized below in Table 3-1.
Table 3.1 Some Difference between ADB Policy and GON Legal Framework ADB Policy GON Legal Framework Encroachers will be compensated for Encroachers are not entitled for Compensation. structures (but not for land) at replacement cost to the vulnerable person only
Compensation for affected assets as To be determined by Compensation per prevailing market rate. Fixation Committee (CFC) to be formed under CDO.
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3.4 Resettlement Principles & Assistance
108. Despite the differences between ADB guidelines and GON legal frameworks mentioned in Table 3.1, the resettlement principles adopted in this Subproject will provide compensation and resettlement assistance to all affected persons and businesses, irrespective of titles, in accordance with ADB’s Policy on Involuntary Resettlement. Based on the above policy features, the broad principles of R&R for this Subproject will entail the following:
• The negative impact on persons affected by the Subproject would be avoided or minimized as much as possible;
• Where the negative impacts are unavoidable, the project-affected persons will be assisted in improving or regaining their standard of living. Vulnerable groups will be identified and assisted to improve their standard of living;
• Replacement land/or cash compensation at replacement costs to households affected by the loss of land.
• Cash compensation will be paid for structures (residential/commercial/residential- cum-commercial) affected by the Subproject at replacement cost
• Provision of relocation on the edge of the available ROW (if possible for temporary structures), to avoid severe social distress to the AP.
• Provision of multiple options for resettlement of the affected residential structures, including non-titleholders.
• Assistance should be provided to owners of residential structures and non- titleholders, who may incur loss of ability to maintain livelihood during relocation and resettlement
• Rehabilitation assistance i.e., compensation for lost business and workdays (including employees) due to relocation and disruption of business enterprise.
• Before taking possession of the acquired land and properties, compensation and R&R assistance will be made in accordance with this policy.
• Appropriate grievance redress mechanism will be established at the district level to ensure speedy resolution of disputes.
• All activities related to resettlement planning, implementation, and monitoring would ensure involvement of women. Efforts will also be made to ensure that vulnerable groups are included.
3.5 Acquisition of Land/Properties and Valuation
3.5.1 Disposal of Acquired Properties
109. As stipulated in the Clause 10 of Land Acquisition Act 2034 (1977) there is a provision for the affected households to take the crops, trees and plants from the land and salvageables from the structures. Clause 39 of Land Acquisition Act 2034 (1977) indicates options to allow the affected households to take all salvageables without deduction of any
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3.6 The Entitlement Matrix
110. For this Subproject, the entitlements are derived from the Land Acquisition Act, 2034 (1977) and ADB Policy on Involuntary Resettlement (1995). The principles adopted establish eligibility and provisions for all types of losses (land, structures, business / employment, and work day wages). All affected persons will be compensated at full replacement costs. In addition to the payments from the Chief District Officer (CDO), the APs will receive other cash grants and resettlement assistance such as shifting allowance, compensation for loss of workdays / income due to dislocation and income restoration assistance. The Resettlement principles adopted in this Subproject will provide compensation and resettlement assistance to all affected persons based upon the GON norms and ADB guidelines. Cut-off date for titleholders will be the date of notification under the Land Acquisition Act and for the non-titleholders will be the census date i.e. June 2008.
111. The compensation and assistance have been designed to cover compensation for lost assets and restore or enhance the livelihoods of all categories of affected people. Table 3.2 (Entitlement Matrix) provides further details regarding application of the principles, definition of entitled persons, entitlements and indicates results of actions. As revealed in Clause 9 Sub-clause 3, the duration of compensation days will be determined by Land Acquisition and Compensation Fixation Committee (LACFC). Furthermore, Clause 37 of the Act illustrates that the Committee may extend the period of additional three months, if compensation are not collected by those affected. After termination of extended three months period the amount will be deposited to the Government account. Any grievances and objections will be referred to the Grievances Redress Committee (GRC). A detailed description of each compensation measure is provided below.
3.6.1 Compensation for Loss of Land
112. Following provisions are made for compensating loss of land -
• Cash compensation for land based on current market rate/replacement value or government rate, whichever is higher to the titleholders. In case of current market rate / replacement value is higher than the government value assessed by the CFC; the difference will be paid by DOR.
• In case of presence of agricultural crops, cash compensation for loss of crops at current market value of mature crops based on average production.
• Compensation for loss of fruit trees, if any for an average fruit production for the next 15 years to be computed at the current market value, in cases wherein such trees are getting affected.
• Compensation for loss of wood trees at current market value of wood (timber of firewood, as the case may be) if such trees are getting affected.
• Advance notice of 1 month to be provided to APs to harvest their crops.
113. In cases of disputes such as where land records are not updated or where the APs are unable to produce the desired documents, then the compensation amount will be deposited with the competent authority till the case is disposed. All fees, taxes and other
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114. In addition, under the Land Acquisition Act 2034 (1977) the acquiring body (DOR) will need to bear all the land acquisition and resettlement related cost.
3.6.2 Compensation for Structures (residential/ residential-cum-commercial) and Other Immovable Assets
115. The RP has made following provisions for compensating residential and residential cum commercial structures:
• Cash compensation for loss of built-up structures at full replacement costs to titleholders. Transfer/shifting allowance to cover the cost of moving structures (transport plus loading and unloading) and materials will be paid on actual cost basis or on current market rates.
• The squatters/encroachers, if vulnerable, will be eligible for assistance for the loss of structures/assets at full replacement costs, and entitled to transfer/shifting allowance/s, but are not eligible for compensation for loss of land.
• Owners of affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structures without any deduction from the compensation amount
3.6.3 Assistance for Tenants
116. In addition, there will also be provision for assistance for housing/business tenants, one time cash assistance equivalent to two months rent to the tenants for moving to alternatives premise for re-establishing house/business.
3.6.4 Income Restoration Assistance
117. The RP has made provision for providing income restoration assistance to the affected families.
• Agricultural titleholders losing more than 10 percent of the total land or income holding will be considered as Severely Affected Persons 9 such titleholders will be entitled to income restoration assistance in the form of cash for any productive activity at the rate of NRs 10,000.00.
• One-time lump sum grant to owner of business/business tenants; minimum one month's income based on the nature of business and type of losses assessed on a case-to-case basis.
• One time financial assistance to hired employees equivalent to 30 days wage to be computed on the basis of local wage for respective district for respective categories.
• One time lump-sum grant to movable temporary kiosks for minimum one months income based on the nature of business and type of losses assessed on a case-to- case basis, plus shifting allowance on actual basis.
• APs, who are eligible (one who will have major loss on their employment due to the
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project) for semi-skilled labor, will be given preference in employment opportunities in the Subproject's implementation work.
• Special assistance of NRs. 2,000 for a period of three months to vulnerable affected households, such as female-headed households, disabled or elderly persons and the poor, for re-establishing and /or enhancing livelihood.
• Non-titled squatter households will be entitled to shifting assistance at actual costs and move their belongings if they decide to “self-relocate” away from the Corridor of Impact; those who prefer to move back and re-establish their structures will be allowed to do so until they find permanent alternative sites.
• Temporary movable kiosks requiring relocation will be provided one time financial assistance for shifting and loss of business on case to case basis.
3.6.5 Re-building / Restoration of Community Resources/Facilities
118. The Subproject will provide complete restoration work or cash compensation for rehabilitation/re-building of affected common property resources and cultural/community structures/installations.
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Table 3.2 Project Compensation Principles and Entitlements Result of Nature of Loss Application Definition of AP Entitlements Responsibility Action A. Land Acquisition Loss of agricultural Additional land and Person(s) with land Cash compensation based on current market rate/ replacement value. Compensation DoR and CDO /residential other assets records verifying for lost assets. /commercial land acquired for ownership In case the replacement value is higher than the value assessed by CFC, the by landowners construction and difference will be borne by DOR. improvement works All fees, taxes and other charges, as applicable under the relevant laws, beyond the existing incurred in the relocation and resource establishment, are to be borne by the road and land Subproject. temporarily Loss of land acquired by Person(s) with land Contractor to negotiate a contract agreement on the rental rate with the owner Compensation DoR and temporarily for the contractors records verifying for temporary acquisition of land. for temporary Contractor use of contractors ownership loss of assets. during construction Subproject and the contractor to ensure that persons other than the owner affected as a result of temporary acquisition are compensated for the temporary period. Land should be returned to the owner at the end of temporary acquisition period, returned to its original condition or improved as agreed with the APs. B. Loss of Income Generating Assets Loss of income by Business affected Owner of business / One-time lump sum grant; minimum one-month’s income based on the nature Short-term DoR , CDO and structure owner / by road construction business tenants of business and type of losses assessed on a case-to-case basis. compensation NGO tenants for for loss of conducting income. business Loss of business Structure on Owner /renter of One-time cash assistance equivalent to 2-month rent for moving to alternative Removal DoR , CDO and premise by owners acquired land business premise for re-establishing the businesses. /relocation NGO / renters and/or legally assistance. confirmed Shifting allowance (transport plus loading/unloading charges) will be paid to ownership rights affected businessmen (if applicable), on actual cost basis. The amount of deposit or advance payment paid by the business tenant to the landlord will be deducted from the payment to the landlord. Loss of wages by Income reduced Employees of One-time financial assistance to hired employees equivalent to 30 days Short-term DoR , CDO and employees during period of business wages. compensation NGO readjustment for loss of APs who are eligible for semi-skilled and unskilled labor will be given priority income. in employment opportunities in the Subproject’s implementation works.
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Result of Nature of Loss Application Definition of AP Entitlements Responsibility Action Loss of income by Business affected Movable business One-time cash assistance; minimum one-month’s income based on the nature Short-term DoR , CDO and temporary temporarily during structures on of business and type of losses assessed on a case-to-case basis . compensation NGO movable kiosks road construction. footpaths/roadside for loss of Shifting allowance will be paid to the affected (if applicable), on actual cost income. basis. Additional Household income Women-headed Special assistance of NRs. 2,000 for a period of three months to the affected Income DoR , CDO and assistance to affected as a result households; vulnerable persons for restoring their livelihoods. restoration NGO vulnerable groups of road construction disabled or elderly assistance. persons; ethnic/occupational caste people; APs who live under official poverty line Livelihood Severely affected Family having more One time livelihood up-liftment grant per family for any productive activity at Livelihood DoR , CDO and enhancement families than 10 percent loss the rate of NRs 10,000. enhancement NGO assistance to the of total land or assistance. family having income holding complete loss of affected by the property and Subproject and income sources having complete loss of structures; absentee landlords will not eligible for this provision C. Loss of Residential/Commercial Property Loss of residential Land on which Owners of the Cash compensation for loss of built-up structures at full replacement costs. Restoration of DoR and CDO structures and property stands structure residence / commercial purchased or Owners of affected structures will be allowed to take/reuse their salvageable shop. structures by reclaimed for road materials for rebuilding/rehabilitation of structure without deducting any costs. owners (including purposes In case of relocation, transfer allowance to cover cost of shifting (transport squatters) plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. Loss of residential Owners of the Compensation for structure (but not for land) at replacement cost to the Restoration of DoR , CDO and structures and structure vulnerable person only. residence / NGO commercial shop. structures by Encroachers will be notified a time in which to remove their assets to be encroachers affected.
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Result of Nature of Loss Application Definition of AP Entitlements Responsibility Action Loss of residential Renters of house One time cash assistance equivalent to 2 months rent moving to alternate Assistance to DoR , CDO and structures by premise. make alternative NGO tenants (Renters) arrangements Any rental advance paid by the renters to the owner will be deducted from the owner's compensation and refunded to the renters, if the renter has to relocate. Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates. Loss of rental Owners of One time cash assistance equivalent to 2 months income that can be earned Short term DoR , CDO and income by owners residential and by renting the affected residential and residential cum commercial structures compensation NGO of residential and residential cum for the loss of residential cum commercial income commercial structures having structures tenants Unanticipated The EA and project implementation authorities will deal with any unanticipated consequence of the Subproject during and after implementation in the light and spirit adverse impact of the principles of the entitlement matrix. due to Subproject intervention or associated activity Road Connectivity Sector I Project
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4. CONSULTATION AND STAKEHOLDER PARTICIPATION
4.1 Introduction
119. This Resettlement Plan has been prepared in close consultation with stakeholders at different levels including the local people and Subproject affected households represented by head of the households, family members, local level social workers, representatives of political parties, business men, representatives of vulnerable groups and other resource persons. Some of the basic objectives of such consultation include:
• Assessment of socio-economic information required for the study • Information dissemination to the people about the Subproject in terms of its activities and scope of work; • Understanding the perceptions of the local; • Generate idea regarding the expected demand of the affected people; • Assess the local people's willingness to get involved with the Subproject; and enumerate the measures to be taken during the implementation of the Subproject.
4.2 Methods of Public Consultation
120. The task of public consultation was carried out in different stages during the Subproject preparation. In fact, since the beginning of the field reconnaissance survey to the period of Census, the process of consultation remained continuous varying over different time periods. Table 4.1 gives a description of the type of stakeholders consulted and methods adopted for consultation according to the purposes.
Table 4.1 Methods Employed During the Course of Consultations Stakeholders Purpose Method Department of Roads at central level To collect government's policy, Frequent individual meetings guidelines priorities on the with the officials of DoR and Subproject, and to seek advise for Project Directorate. initiating work. Local Community in the different Consultation and discussion To assess overall social perception locations of the Sub-project area with local people at different about the importance of Subproject (Galchhi, Kulphutar, Mahadev Phant, road and local peoples felt need for Subproject locations during Devighat, Trishuli, Pipaltar, reconnaissance survey, social improvement Betrabati, Kalikasthan, Ramche, survey and Census survey. Dhunche and Syaphrubesi
District level line agencies To assess the existing operational Individual meetings with the (Divisional Roads Office, Land status of roads, to verify the land officials of respective offices. Revenue Office, Land Measurement likely to be acquired based on Office) design drawings, to collect
cadastral maps and to collect land price fixed by District Land Revenue Office. Project affected people based on the To prepare inventory of the affected Individual interview of the design drawing assets and get measurement and affected households by conduct interview with the affected means of a structured families about the affected assets questionnaire and on the household matters
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Stakeholders Purpose Method NGOs and other stakeholders at Assess the level of social Representatives of local the local level willingness to be involved in the NGOs and other stakeholders Subproject activities including community members were consulted at different sections of the road during field visits by the domestic and international team members in order to assess the overall social perception about the road project and also to assess the level of their willingness to cooperate the study team.
4.3 Consultations – Scope and Issues
4.3.1 Scope of Consultations
121. The scope of consultations, especially with the local people and Subproject affected population was focused to inform them about the nature of Subproject and its activities. During the consultations they were also informed about the possibilities of acquisition of private land and other physical assets by the Subproject at replacement/compensation costs. Likewise, the people were also made aware about the acquisition of community properties like public taps at rebuilding or replacing cost. Options of relocating, shifting and loss of employment cost as per need and provision of livelihood support to the vulnerable groups were some of the other issues discussed during consultations. In addition, along with information dissemination the consultations also aimed at taking peoples opinion and suggestions on the Subproject and its benefits and impacts.
4.3.2 Feedback from the Consultations
122. Some of the major feedbacks derived from the consultations of affected and local people are:
• Involvement of local people in Subproject design finalization: Being the major stakeholders and the population directly affected by the Subproject, the local people voiced that they must be kept informed and consulted with regard to the Subproject design.
• Employment opportunity for local people should be ensured during Subproject construction by hiring of locals as skilled and unskilled labors.
• Fair and timely compensation rate: There was complete willingness on the part of the population to cooperate in all matters related to the Subproject. The community was very positive towards the Subproject and had no reservations regarding the Subproject provided they are adequately compensated for all their losses whether partial, complete, agricultural, residential or commercial.
• Special consideration should be made either by changing the technical design or through supplementary compensation for the vulnerable households affected by the Subproject.
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• Regular monitoring of the Subproject during implementation by the Subproject Office to ensure the technical quality of work and environmental conservation (land slides); and
• There should be provision of a separate unit in the Subproject to listen to the suggestions and grievances of the local people.
123. Detailed consultation matrix is provided in Table 4.2.
Table 4.2 Consultation Matrix Consultation Issues How was it addressed? Chainage 4+000 - Subproject's impact on land - The Subproject has avoided land Location: Dui Pipal acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 14 during detailed design Men: 27 Chainage 8+000 - Provisions of compensations for - The Entitlement Matrix of Location: Ratmate the affected assets at current market Resettlement Plan has made provisions No. of Discussion:3 value of compensations for the affected Women: 9 - Chances of shifting or changing assets and persons at replacement Men: 20 alignment costs
Chainage 14+000 -Provisions of compensation to the - The RP has made provisions of Location: Jilling land likely to be affected compensation at the replacement costs No. of Discussion:2 -Employment opportunity during to the owners of affected plots Women: 10 construction The RP in its Entitlement Matrix has Men:18 made provisions for involving non- skilled and semiskilled labours during Subproject implementation Chainage 20+000 - Options of compensations for the The RP has made provision of Location: Bidur affected residential structures and compensating all residential and No. of Discussion: 2 loss of businesses residential cum commercial structures Women: 15 to be affected by the project and Men: 40 assistance for loss of business.. Chainage 40+000 - Subproject's impact on land - The Subproject has avoided land Location: Dhaibung acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 8 - Provisions of compensations for the - The Entitlement Matrix of Men: 15 affected assets at current market Resettlement Plan has made provisions value of compensations for the affected -Employment opportunity during assets at replacement costs construction - The RP has made provisions of - Options of compensations for the compensation at the replacement costs affected residential structures and to the owners of affected plots loss of businesses The RP in its Entitlement Matrix has made provisions for involving non- skilled and semiskilled labours during Subproject implementation The RP has made provisions for compensating all residential and residential cum commercial structures to be affected by the project and assistance for loss of business. Chainage 50+000 - Subproject's impact on land - The Subproject has avoided land Location: Laharepauwa acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 10 - Provisions of compensations for the - The Entitlement Matrix of Men: 18 affected assets at current market Resettlement Plan has made provisions value of compensations for the affected
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Consultation Issues How was it addressed? -Employment opportunity during assets at replacement costs construction - The RP has made provisions of - Options of compensations for the compensation at the replacement costs affected residential structures and to the owners of affected plots loss of businesses The RP in its Entitlement Matrix has made provisions for involving non- skilled and semiskilled labours during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the Subproject and assistance for loss of business. Chainage 60+000 - Subproject's impact on land - The Subproject has avoided land Location: Ramche acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 5 - Provisions of compensations for the - The Entitlement Matrix of Men: 10 affected assets at current market Resettlement Plan has made provisions value of compensations for the affected -Employment opportunity during assets and persons at replacement construction costs - Options of compensations for the - The RP has made provisions of affected residential structures and compensation at the replacement costs loss of businesses to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non- skilled and semiskilled labours during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the Subproject and assistance for loss of business.. Chainage 75+000 - Subproject's impact on land - The Subproject has avoided land Location: Dhunche acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 20 - Provisions of compensations for the - The Entitlement Matrix of Men: 35 affected assets at current market Resettlement Plan has made provisions value of compensations for the affected -Employment opportunity during assets and persons at replacement construction costs - Options of compensations for the - The RP has made provisions of affected residential structures and compensation at the replacement costs loss of businesses to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non- skilled and semiskilled labourers during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the project and assistance for loss of business. Chainage 85+000 - Subproject's impact on land - The Subproject has avoided land Location: Syaphrubesi acquisition acquisition by using the available road No. of Discussion: 1 - Options of involving local people alignment Women: 9 - Provisions of compensations for the - The Entitlement Matrix of Men: 17 affected assets at current market Resettlement Plan has made provisions value of compensations for the affected
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Consultation Issues How was it addressed? -Employment opportunity during assets and persons at replacement construction costs - Options of compensations for the - The RP has made provisions of affected residential structures and compensation at the replacement costs loss of businesses to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non- skilled and semiskilled labourers during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the project and assistance for loss of business.
4.4 Disclosure of RP
124. Disclosure of RP is expected to be helpful to the local people to be aware about the Subproject and provisions of compensations and other assistance. A summary Resettlement Plan (RP) will be translated into Nepali and made accessible to the affected people through respective DDCs after finalizing the RP. The translated summary of the Plan will also include the Entitlement Matrix to assure the Subproject affected households about the nature of compensation as per the nature and extent of loss.
4.5 Plans for Further Consultation & Community Participation during Subproject Implementation
125. In order to ensure the effective implementation of the RP, several additional rounds of consultative meetings with the APs need to be carried out during the project implementation. Such consultation should be carried out in collaboration with the NGOs to be hired by the Project to implement the RP. Some of the appropriate plans to be considered while conducting further consultation are as follows:
• Together with the NGO, the EA-PIU will conduct information dissemination sessions in the project area and seek the help of local community/leaders as well as to encourage the participation of APs; • Focus Group Discussions will be held with the vulnerable groups such as women, Schedule Casts, ethnic community and so on in order to help them develop a holistic understanding regarding the project as well as the benefits and special consideration that will be given to them throughout the project; • The NGO will organize public meetings to inform the community about the payment and assistance paid to the community. Regular update of the program and resettlement component of the project will be placed for public display at the Project offices.
The participation of AP’s will be further enhanced through their active involvement in the Sub-project level office's Grievance Redress Committee (GRC). In addition PIU’s an implementing NGOs will maintain an ongoing interaction with AP’s to identify problems and undertake appropriate remedial measures.
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5. IMPLEMENTATION FRAMEWORK AND BUDGET
5.1 Institutional Setup
126. This chapter describes the implementation framework, and the organizations involved – their roles and responsibilities – in the implementation of the plan. It is to be noted that the resettlement implementation framework under the Subproject has been guided by the regulatory provision of Land Acquisition Act 2034 (1977). Broadly, the institutional set-up for implementing RP will be at two levels - (i) central level and (ii) Subproject level. The Executing Agency (EA) and the Project Implementation Unit (PIU) will be stationed at central level whereas there will be a Subproject Office at implementation level. Ministry of Physical Planning and Works (MoPPW) will be the Executing Agency (EA) for the Subproject and Department of Roads (DOR) will be the Implementing Agency (IA).
5.2 Project Implementation Unit (PIU)
127. The Subproject under the RCSP1 will be implemented through Project Directorate (ADB), which will be the Implementation Unit (PIU). The PIU will be stationed at central level and will provide all the policy and administrative support on implementing resettlement activities at Subproject level.
5.2.1 Roles and Responsibilities
128. A Project Implementation Unit (PIU) headed by the Project Director (PD) will be established, which will be responsible for the overall execution of the Project. The PD will engage local NGO/s for implementation of resettlement plan and activities. The IA will depute an officer as the Social / Resettlement Specialist (SRS) in charge of the land acquisition and resettlement operations, who will report to the Project Director. He/she will work in close coordination with the respective Divisional Offices under DoR, Sub-project offices/ field-based offices and Project NGO/s on the day-to-day activities of the resettlement plan implementation. The Social / Resettlement Specialist can be deputed from Geo- environment Unit (GEU) of DOR to the PIU or any other officer in the rank of divisional engineer or any professional can be engaged on a contractual basis. It may not be possible to recruit an officer as the Social/Resettlement Specialist (SRS) because there is a severe shortage of competent qualified staff in Nepal to fill these positions.
129. Therefore it may be necessary to entrust these responsibilities to the DoR (ADB) Project Manager for the Subproject who has the rank of Senior Divisional Engineer.
130. A Social Development/Resettlement Specialist from the Design Supervision Consultants (DSC) will support the SRS in further minimizing the resettlement impacts and updating the RPs based on detailed design and assist in supervision and coordination of all activities related to resettlement implementation.
131. The IA will establish Subproject offices/ field offices for the Subproject headed by Project Manager (PM) with officer in the rank of Senior Divisional Engineer. At the Subproject level, Subproject Level Committees (SLCs) will also be established with representations from APs, political parties, vulnerable groups, business community and local NGOs. These SLCs will assist the Subproject office and NGOs in informing people about the likely resettlement impact and solicit views of the affected people regarding compensation and relocation options.
132. The SRS through the Subproject offices / field office, Subproject level committee,
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Chief District Officer of the respective district and Project NGO will execute and monitor the progress of the work. He will ensure coordination between the relevant departments, NGO, the Grievance Redress Committee (GRC) and the Affected Persons (APs). The concerned staff at the headquarters and in the Subproject office / field offices related to the Subproject's resettlement activities, including SRS, Revenue Department officials and NGO staff will undergo a week-long orientation and training in resettlement policy and management prior to the implementation of resettlement activities. The institutional framework for implementation of resettlement activities is illustrated as Figure 5.1 below:
Figure 5.1 Institutional Framework for Resettlement Activities
Implementing Agency
Grievance Redress Committee
133. The PM would be responsible for coordinating with the Chief District Officer (CDO) of the Subproject district with regard to formation and implementation of Land Acquisition and Compensation Fixation Committee (LACFC) by providing necessary documents and assisting the valuation of the assets to be affected. In this regard, the PM will also coordinate with the NGO which will be selected at the Subproject level for the implementation of the RP.
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In addition, the PM will play a key role in establishment of a Grievance Redress Committee (GRC) with representation of VDC/Municipality representatives, APs and NGO. As stipulated in Clause 11 of Land Acquisition Act 2034 (1977), the CDO will chair the GRC. Lastly, the PM will regularly update the PIU on the implementation of the resettlement activities at Subproject level.
5.3 Non-Government Organizations (NGOs)
134. Non Government Organizations (NGOs) will be recruited and appointed by the PD, at the Subproject level, to implement and undertake the resettlement activities.
5.3.1 Role and Responsibilities
135. NGOs will assist the Subproject at sub-project level in informing people about the likely resettlement impact of the Subproject and solicit views of those affected regarding compensation and relocation options and negotiate with the Compensation Fixation Committee (CFC). The NGOs will be responsible for execution and monitoring the progress of the work related to implementation of RP. In addition, the NGOs will assist the Subproject office of DoR on the other regular activities of resettlement. The TOR for the NGO’s and the External Monitor are enclosed in Annex V.
5.3.2 Grievance Redress Committee (GRC)
136. There are provisions under the Land Acquisition Act of Nepal – 2034 (1977) to allow interested persons (i.e. APs) during land acquisition process to file or represent their cases to the CDO and raise objection against acquisition by a notice to Ministry of Home Affairs and get redressal under the LA Act Clause 11 Section 1,2 and 3.
137. In order to address such Subproject related grievances, as per Clause 11 of Land Acquisition Act 2034 (1977) a Grievance Redress Committee shall be established with CDO responsible to play the role of its Chairperson. The other members of the Committee will include VDC Chairpersons, two representatives from APs and representatives from DoR.
5.3.3 Role and Responsibilities
138. As enumerated above, the legal basis of GRC for RP activities is Land Acquisition Act of Nepal 2034 (1977). The Act has assigned CDO the sole responsibility to chair land acquisition activities and to address the grievances related to the RP implementation activities.
139. In case of any grievances while implementing RP there are some legal provisions made in the LA Act 2034 (1977). Some of the major steps that are supposed to be taken for addressing the grievances are stipulated in the Act (Clause 11 sub-clause a,b,c). In keeping with the legal provision mentioned in the Act, the basic process of grievances redressal to be undertaken under the Subproject will be as follows:
i. Normally, decisions should be given within fifteen days after receiving the grievances. ii. Further processing of the grievances or any decision should be taken only after the consultation with the CDO concerned and also the Project Officer, if deemed necessary; iii. The Ministry of Home Affairs can exercise any sort of legal authority as of District
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Court while investigating in the matter of such grievances;
140. The various queries, complaints and problems that are likely to be generated among the APs and that might require mitigation, include the following: -
APs not enlisted; Losses not identified correctly; Compensation/assistance inadequate or not as per Entitlement Matrix; Dispute about ownership; Delay in disbursement of compensation/assistance; and Improper distribution of compensation/ assistance in case of joint ownership.
141. Through public consultations, the APs will be informed that they have a right to grievance redress. The APs can call upon the support of the NGO to assist them in presenting their grievances or queries to the GRC.
5.4 Design Supervision Consultant (DSC)
142. In addition, the Social/ Resettlement Specialist from the Design Supervision Consultant will be responsible for assisting SRS at the central level for coordinating land acquisition and resettlement activities through the Subproject level offices. S/he will also assist SRS in updating resettlement data for implementation and keeping record in an efficient manner.
5.5 Resettlement Implementation Schedule
143. The RP is expected to be implemented immediately after finalizing the RP. Advance action will be taken by DoR to initiate RP implementation such as: establishment of the Project Implementation Unit (PIU), Sub-project Office, initiatives for formation of Land Acquisition and Compensation Fixation Committee (LACFC) under the CDOs and hiring of NGO for resettlement implementation following loan negotiations. The Subproject will provide adequate advance notification to the APs and will pay their due resettlement benefits, including relocation and income restoration/assistance at least three months prior to start of construction work. The major activities to be carried out during the period include; i) payment of compensation and other assistances and (ii) handing over of site to the contractor and (iii) Income restoration assistance. All activities related to land acquisition and resettlement will be completed prior to award of civil works contract.
144. Department of Roads will initiate the process of land acquisition for upgrading the proposed road. Generally, land acquisition is a lengthy process in Nepal. Need of verification of the land /property record from different sources (files, cadastral map and land revenue office), conventional practice of land measurement, lack of uniformity on the map scale, old record keeping system, lack of accurate prevailing official record on land value, fragmented land ownership, difficulties on negotiations etc are some of the reasons behind the issue.
145. Public Works Directives (PWD) has been developed by the DoR under the technical assistance of ADB and has also been approved through cabinet decision to use as a procedural manual while implementing development projects. Public Works Directives is based on the prevailing laws of Nepal in order to assure the compliance of such laws while implementing development works. As per the prevailing practices, there is a mandatory provision of adopting PWD while implementing development works with GoN funds.
146. In addition to several project guidelines, PWD has also mentioned about the time frame in accordance to each step of land acquisition and resettlement process. The time frame as stipulated in the PWD seems helpful on supplementing the regulatory provision of
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5.6 Staff Training in Resettlement Implementation
147. All the staff at PIU, GEU and in the field offices involved in land acquisition and resettlement activities , Land Revenue Department Officials and NGO staff will undergo a week-long orientation and training in ADB’s resettlement policy and management. The training sessions will be repeated in field offices, DDCs and VDCs either by grouping the adjacent districts or individually as per convenience of the field staff. The training session will focus on the following:
(a) Principles and procedures of land acquisition; (b) Public consultation and participation; (c) Entitlements and compensation & assistance disbursement mechanisms; (d) Grievance redressal; and (e) Resettlement data-base management (f) Monitoring of resettlement operations.
5.7 Resettlement Databank
148. Based on detailed design, a detailed measurement survey has been carried out to prepare a detailed inventory of losses of affected persons. The information concerning resettlement issues related to land acquisition, socio-economic information of the acquired land and affected structures, inventory of losses by individual APs, compensation and entitlements payments and relocation will be collected by the respective Subproject office / field office and NGOs and computerized by the PIU office. This databank will form the basis of information for implementation, monitoring and reporting purposes and facilitate efficient resettlement management.
5.8 Cost Estimate and Budget
149. The cost for assets to be affected by the Subproject and cost for other financial assistance/support for APs including other associated costs has been estimated to implement the Resettlement Plan. This estimated cost based on consultation with APs hence it could be changed after CFC decision.
150. The overall amount of compensation that will be paid to the AP must be equivalent to the costs of replacing the affected assets. Replacement cost means the method of valuing assets to replace the loss at market value, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration, and titling costs. Where the national law does not meet this standard the replacement cost will be supplemented as necessary. Replacement cost is based on market value before the project or dispossession, whichever is higher.
151. The Government will bear all the costs of land acquisition and resettlement for RCSP1. MoPPW and DoR are committed to set aside and provide the respective amounts of funds for RP implementation in an efficient and timely manner. MoPPW and DOR will guarantee to meet unforeseen obligations in excess of budget estimates.
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5.8.1 Basis Taken for Estimating Land Cost
152. As per the detailed design, the area of land to be acquired is minimal due to the availability of the adequate width in almost all sections of the Subproject road. In order to estimate land cost, consultations were undertaken with both APs and District Land Revenue Office. However, while calculating the project R&R budget, the compensation rate mentioned by APs and local people has been used as the rate since the rate quoted by the District Land Revenue Office was found quite low in comparison to the market value of the asset. In fact, as clearly stipulated in the land cost evaluation document of District Land Revenue Office, basically the rate is aimed only to assure the minimum revenue from the land owners.
5.8.2 Basis Taken for Estimating Structure Cost
153. With regard to structures' cost, normally the rate is determined by Department of Urban Planning and Housing and is taken as the basis for estimation. The Department is the sole authorized government body to estimate the compensation costs for the structures (Nepal Rajpatra, Section IV, Number 50, Date 2045/12/6 (1988). The Department annually updates the rates based on current market value. The cost calculation details of affected structure is included as Annex 2 and is based on discussions with local authorities and local people.
5.9 Cost Calculation
154. Based on the Land Acquisition Act of Nepal, fixation of compensation rate is the responsibility of Compensation Fixation Committee (CFC) to be formed under the Act. As per the prevailing practices, CFC to be formed by the CDO under the Land Acquisition Act of Nepal is responsible for determining the land cost. It is in the sense, that in practice the Committee makes extensive consultation with representatives of the affected populations, local representatives of political parties, and relevant district level chiefs of line agencies to fix the compensation rate as per the prevailing market price. Representatives of the affected households, the local government representatives, the project personnel and other local level representatives of line agencies are brought together to fix the price of land, structures and other asset. The method of Community Consensus Valuation (CCV) for fixing compensation is a commendable approach applied in recent projects. Based on the same process, the DOR will assist the CFC in conducting market survey to evaluate local market rate of structures and land which will be helpful on reducing disparity in the valuation based on prevailing market rate.
155. With a view of coming up with a fair judgment on the cost estimates, the study has adopted several strategies while estimating the cost of land, structure and other resettlement costs. The process adopted include
• Query on prevalent land price in the affected areas during census–survey, Collection of minimum land revenue rate fixed by the Land Offices of respective districts for land transactions during census, and • Collection of recent updated rate from the Department of Urban Development and Housing to determine compensation for structures.
156. While estimating compensation rate for the affected buildings and structures, all affected structures/buildings were categorized according to the type of structures. The major categories comprise :
Frame structure
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Cement mortar RCC/RBC structure Mud mortar RCC/RBC structure/ Cement mortar with CGI roofed Mud mortar with CGI roofed Temporary structure 157. The extent of loss of the buildings/structures were measured and calculated by the technical team. Thereafter the cost of structures and buildings were calculated at current market rates based on recent rates of the Department of Urban Development & Housing.
158. Besides, other resettlement assistance in terms of relocation cost, shifting cost, transitional allowance etc. were estimated based on social consultation, and past project experiences taking into account the local market rates. Table 5.1 provides breakdown of the resettlement and rehabilitation cost estimate for the Subproject.
Table 5.1 Resettlement Cost Estimate (Galchhi-Trishuli-Syaphrubesi Subproject) Total Unit Cost Amount SN Descriptions Qty (Sq. (NRs/sq.m) NRs. m /No.)
1 Compensation for land 1,900 8135.82 15,458,058
3 Compensation for structures 7 488,000
Assistance to Alternative premises to affected 7 2,000 1 2,000 business having major effect
Shifting cost for residential and residential cum 9 3,000 - - commercial structures
13 Shifting allowances for movable temporary kiosks 1,000 1 1,000
Livelihood enhancement allowance to the families 14 10,000 5 50,000 loosing more than 10 percent of their plot
Economic rehabilitation grant for the owner of 1 15 10,000 - - residential cum commercial structures
2,000 16 Additional assistance to vulnerable APs 89 534,000 (3 months)
16,533,058 17 Total
18 Contingency 15 % 2,479,958
19 Total Compensation Cost (NRs) 19,013,016
23 US$ @ 68NRs = 1 US $ 279,603
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6. MONITORING AND EVALUATION
6.1 Need for Monitoring
159. The Implementation of RP is a crucial part of any development project. In the projects having resettlement impacts, NGOs have to play a catalytic role while implementing the Plan. Community mobilization is a long-term process of capacity building. In this sense they may not be able to tackle the issues in line with the technical requirement and administrative process. On the other hand, it is also quite natural that more powerful individuals may dominate the organization and decision-making process and so on. Therefore, monitoring is required as the back-up support for implementing the RP. Monitoring is a major part of the resettlement management system. Thus, RP implementation will be monitored both internally and externally.
6.2 Types of Monitoring
160. Broadly, two types of monitoring are practiced in the development projects. They are internal and external monitoring. Generally, internal monitoring is conducted by PIU and independent consultants undertake the task of external monitoring.
6.2.1 Internal Monitoring
161. The Project Implementation Unit (PIU) and NGO will be responsible for internal monitoring. The SRS and Social/Resettlement Specialist of Design Supervision Consultants (DSC) will provide necessary technical assistance and monitor the RP implementation and will prepare monthly reports on the progress of RP implementation. Reporting is mandatory on a quarterly basis to DoR and ADB on the progress of resettlement activities.
162. The PIU will maintain a record of all transactions in their resettlement database, followed by entitlement records signed by AP and survey based monitoring of resettlement / land acquisition progress on a monthly basis. Monitoring will ensure: i. Verification that there are no outstanding or unresolved land acquisition issues with respect to the Subproject and that property valuation and economic rehabilitation has been carried out in accordance with the provisions of the Plan; ii. Information campaign and consultation has been carried out with APs; iii. Status of land acquisition and payments on land compensation; iv. Value of entitlement received is equal to that of original structure or land acquired; v. Use of entitlement and check its misuse. vi. Compensation for affected structures and other assets; vii. Relocation of APs; if applicable viii. Payments for loss of income and ix. That all economic rehabilitation measures are implemented, as approved; x. Effective operation of both the Grievance Committees and Sub-project level Committees xi. Funds for implementing land acquisition and economic rehabilitation activities are available in a timely manner, are sufficient for the purposes, and are spent in accordance with the Plan.
163. The SRS through its resettlement team will be required to submit reports on a monthly basis documenting the progress of resettlement implementation.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 51 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Galchhi - Trishuli - Syaphrubesi Road
164. Subproject offices / field offices will be responsible for monitoring the day-to-day resettlement activities of the Subproject. Baseline, socio-economic, census and land acquisition data provide the necessary benchmark for field level monitoring. Field level monitoring will be carried out through:
• Review of census information for all APs; • Consultation and informal interviews with APs; • In-depth case studies; • Informal sample survey of APs; • Key informant interviews; and • Community public meetings.
165. A performance data sheet will be developed to monitor at the field level. Quarterly reports will be received from the field offices and SRS will be responsible for overall Subproject level monitoring. SRS and DSC Social/Resettlement Specialist will monitor the RP implementation and will report on a quarterly basis to PIU / DoR, and ADB on the progress of all aspects of resettlement activities.
6.2.2 Second Tier Monitoring: External or Independent Monitoring
166. An external monitoring agency will be engaged by DoR who will carry out independent bi-annual review of resettlement implementation as well as post Subproject evaluation. An external monitor will be assigned to carry out external monitoring and evaluation works. External evaluation can be done by an outside researcher or consulting agency, university department or development NGOs. The external monitoring will be focused on:
• Evaluating the social and economic impact of land acquisition and economic rehabilitation of the APs; • Verifying the objective of enhancement or at least restoration of income levels and standard of living of the APs has been met; • Suggesting modifications in land acquisition and economic rehabilitation, where necessary, to achieve the principles and objectives as set before; and • Making final ex-post evaluation to ensure all resettlement and land acquisition activities have been completed; any problem issues identified are followed-up (including recommendation of mitigation measures for the budget); and learning lesson from such Subproject must be recorded.
167. More specifically the following activities will be required to be performed by the External Monitoring Agency:
• Verification of internal monitoring – to ensure the appropriateness of activities being carried out by PIU and the field offices;
• Demographic Baseline and Biannual Household Surveys – to monitor progress from a pre-Subproject, pre-resettlement benchmark.
• Evaluation of Delivery and Impacts of Entitlements – to determine if they are as per the approved Resettlement Plan.
• Evaluation of Consultation and Grievance Procedures - especially levels of public awareness of grievance procedures, access by AP’s and households to information and rapid conflict resolution.
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• Evaluation of Actual Operations of Grievance Committee - assisting APs as required and acting as observers.
• Declaration of Successful Implementation – summing up the outcome of activities on completion of all entitlements distribution and resettlement activities.
• Recommend Follow-up Actions for the EA - relating to outstanding actions required to complete achievement of objectives of the RP and resettlement policies, additional mitigation measures for APs, if required, and timing and budget for these additional measures.
• Describe Lessons Learnt for future projects.
168. Such external monitoring will be carried out on a biannual basis throughout the Subproject period. The external agency will directly report their findings both to DOR and ADB.
6.3 Stages of Monitoring
169. Based on the different Subproject units involved in the RP activities, responsibility of monitoring is given at different stages. They are:
• The SRS and Resettlement Specialist of Design Supervision Consultants (PSC) will provide supervision support throughout the Subproject period as per requirement.
• The external monitoring support will be carried out on a biannual basis throughout the Subproject cycle on the quarterly basis
6.4 Reporting Requirements
170. The SRS responsible for supervision and implementation of RP will prepare monthly progress reports on resettlement activities and submit to the IA. DSC will also monitor RP implementation and submit quarterly reports to PIU and ADB. The external monitoring agency will submit bi-annual reviews directly to ADB and determine whether or not resettlement goals have been achieved, more importantly analysis of whether livelihoods and living standards have been restored/enhanced is mandatory and suggestion of suitable recommendations for improvement must be made. The external monitoring agency will also carry out a final ex-post evaluation to ensure that all resettlement and land acquisition activities have been completed. Any problems or issues identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning from such issues must be recorded which would help to deal with issues such as these more effectively.
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Annex I
List of Affected Community Drinking Water Taps
Annex I
List of Affected Community Drinking Water Tap in Galchhi - Syaphrubesi Road Section
Direction from S.No. Chainage Name of VDC District Ward Name of Place Center Line Right Left
1 35+510 Laharepouwa Rasuwa 1 Betrawati R
2 36+525 Laharepouwa Rasuwa 1 Betrawati R
3 75+880 Dhunche Rasuwa 7 Dhunche R
4 80+840 Syaphrubesi Rasuwa 5 Thulo Bharkhu R
5 81+170 Syaphrubesi Rasuwa 5 Thulo Bharkhu R
6 81+210 Syaphrubesi Rasuwa 5 Thulo Bharkhu R
7 89+290 Syaphrubesi Rasuwa 9 Syaphrubesi L
Source : Census May 2008
Annex II
List of Affected Structures and Compensation Costs
Annex II List of Affected structure and compensation cost for Galchhi - Trishuli - Syaphrubesi Road
Assumed Building Structure Category of Compensation Cost S.No Chainage Owners Name VDC Direction Present Use Portion to be Types Effects (NRs.) Acquired
1 0+237 Hari Lal Maharjan Gagan Pani R F Stair Case 1 100% 15,000.00
Residential Cum 2 50+910 Hema Sang Tamang Dhaibung R C 1 25% 150,000.00 Commercial
3 76+640 Yak Bahadur Limbu Dhunche L E Residential 2 50% 100,000.00
4 61+660 Lawang Lopchan Ramche L E Residential 1 25% 70,000.00
5 81+440 Khamsung Tamang Syaphrubesi R F Compound Wall 1 100% 35,000.00
6 81+480 Kami Ghale Syaphrubesi L F Compound Wall 1 100% 28,000.00
7 89+520 Norbu Sing Tamang Syaphrubesi R E Temporary (Kiosk) 1 25% 90,000.00
488,000.00 The compensation cost is based on Consultation with Local authorities, APS and could be changed after CFC meeting Note 1. Structure Type A-semipermanent brick structure, mud mortar, B-cement mortar load bearing wall, stone/brick without cement plaster, C-cement mortar load bearing wall with cement, D-frame structures, E-wooden/tinned House, F-stone/brick
2. Portion of house structure required
a. Upto 25% (Assume 25%) b. >25% - 50% (Assume 50%) c. >50% - 100% (Assume 100%
Annex IV
Indigenous Population in Nepal
INDIGENOUS POPULATION IN NEPAL
1. In Nepal, the indigenous population is popularly known as Janajatis, which is also recognized by the government and constitutes about 37.2 % (8.4 million) of Nepal’s total population. Some of the key characteristics of these groups are defined as: distinct collective identity; own language (other than Nepali), religion, tradition, culture and civilization; own traditional egalitarian social structure (which is distinct from mainstream varna or caste system); traditional homeland and geographical area; written or oral history that traces their line of descent back to the occupants of the territories before their annexation to the present Nepali frontiers.
2. Based on these traits, government of Nepal has declared 61 (later reduced to 59) groups as Janajatis Given the wide variation in the socio-economic and political standing of various Janajatis, a classification of Janajatis has also been done based on literacy rates, occupation, land ownership, and population, by the National Federation of Disadvantaged and Indigenous Nationalities (a list based on this classification is provided in attachment 1).
3. The constitution has shown commitment for the protection, preservation and promotion of language, religion and culture, affirmative action for IPs and vulnerable groups. It also makes the provision of education in mother tongue up to grade five. But all have not been realized as promised in the constitution.
4. The Tenth Plan (2002-2007) has framed various policies and programs for empowering indigenous people through affirmative action and revision of constitutional and legal provisions for inclusive political and bureaucratic structures. For the welfare of IPs, government has set up the National Committee for Development of Nationalities in 1997. The committee has recognized the existence of 61 IPs in Nepal. Realizing this fact, the Ninth Plan (1997-2002) explicitly made the policies and programs for the lPs. The parliament again passed a bill in 2002 for the formation of ‘National Foundation for the Development of indigenous Nationalities’, which works for the welfare and empowerment of the indigenous communities, which came into existence in 2003 replacing the previous committee. This foundation has recognized the existence of 59 IPs, and has been working for the preservation of the languages, cultures and empowerment of the marginalized ethnic communities. For example in 2004-2005, it introduced the following programs: Near-extinct language protection program, 10 literacy programs in mother language, Training for 200 women trainers, Dictionary preparation in 5 ethnic languages. Scholarship for 500 students, NFDIN’s responsibility of Praja Development Program, Publication of journals and bulletins for raising awareness and 15 vocational development programs focused on traditional skills. In 1999, Local Self- Governance Act was amended to give more power to the local political bodies including authority to promote, preserve and protect the lPs language, religion, culture and their welfare.
5. The tenth plan introduced four strategies for the upliftment of IPs: assist in creating an egalitarian society by providing opportunities for social, educational, economic and cultural development of IPs; promote and protect the language, scripts, culture/literature, art, history of IP’s; protect and promote the traditional skills and knowledge of IPs; mainstreaming lPs in the overall development of the country. Marginalized IPs and women are particularly targeted through various programs. This plan aims to establish districts units of lP/Ethnic People Upliftment Academy in all 75 districts to monitor activities meant for IPs. The total outlay in the tenth plan (2002-2007) for lP development (in addition to regular programs which are also meant for lPs) is Rs 1600.00 million, of which Rs 500 million will come From Poverty Alleviation Fund of the government.
6. ADB uses the following characteristics to define indigenous people: (i) descent from population groups present in a given area before territories were defined; (ii) maintenance of cultural and social identities separate from dominant societies and cultures; (iii) self identification and identification by others as being part of a distinct cultural group (iv) linguistic identity different from that of dominant society; (v) social, cultural, economic and political traditions and institutions distinct from dominant culture; (vi) economic systems oriented more towards traditional production systems rather than mainstream: and (vii) unique ties and attachments traditional habitats and ancestral territories. Essentially, indigenous people have a social and cultural identity distinct from the mainstream society that makes them vulnerable to being overlooked in development processes.
IPDP POLICY FRAMEWORK
7. The need for a full PDP will depend on the nature and magnitude of the project impacts and sensitivity of the IPDP issues and will be established on the basis of the following criteria set out in ADB’s Policy on Indigenous People to determine if project impacts are significant: (i) adverse impacts on customary rights of use and access to land and natural resources; (ii) negative impacts on socio-economic and cultural identity; (iii) impacts on health, education, livelihood and social security status; (iv) any other impacts that may alter or undermine indigenous knowledge and customary institutions. If, the impacts are in-significant1 or limited then specific actions in favour, of the indigenous people will have to be integrated in the Resettlement Plan for the subprojects or a community / tribal development plan can be included. This would ensure appropriate mitigations and benefits for the indigenous people. If impacts are significant, a full IPDP is required. The Framework is based on the overall local and national development strategies and ADB’s policy on Indigenous peoples. The principal objectives are mainly to:
(i) Ensure that indigenous population affected by any projects benefit from the investment project; (ii) Ensure indigenous population’s inclusion in the entire process of preparation, implementation and: monitoring of project activities;
1 The significance is decided by scrutinizing the type, location, scale, nature, and magnitude of a project’s potential impacts on indigenous peoples. The impacts of ADB’s projects on indigenous peoples will be considered significant’ if they positively or negatively (i) affect their customary rights of use and access to land and natural resources: (ii) change their socioeconomic status; (iii) affect their cultural and communal integrity; (iv) affect their health, education, livelihood and social security status; or (v) alter or undermine the recognition of indigenous knowledge. The categories are - Category A. Such projects are expected to have significant impacts that require PDP and/or IPDF. Category B- Such projects are expected to have limited impacts. Specific action or indigenous peoples, specified n the report and recommendation of the President (RRP) and in related plans, is required to address the limited impacts.
(iii) Ensure that the benefits of the projects are available to indigenous population more than or at least at par with the rest of the affected groups; this may require preference to more vulnerable indigenous groups over others. (iv) Provide a basis for the indigenous groups in the homeland to receive adequate development attention.
PROCEDURES FOR PDP PREPRATION
8. This framework seeks to ensure that indigenous people and tribal communities are informed, consulted and mobilized to participate in the Project. Their participation can either provide those benefits with more certainty, or protect them from any potential adverse impacts of the Project. The main features of the IPDP will be a preliminary screening process, then a social impact assessment to determine the degree and nature of impact of each work under the Project, and an action plan will be developed if necessary. Consultations with and participation of the tribal communities, their leaders and local government officials will be an integral part of the overall IPDP. The IPDPs will consist of the following sections:
• Preliminary screening • Social impact assessment • Mitigation measures • Development assistance • Project monitoring
SCREENING
9. The Chief Resettlement Officer (CR0) supported by the Social Development/Resettlement Specialist from the Design Supervision Consultant (DSC) for the project preparation and implementation will visit all tribal settlements and villages near the subprojects or in likelihood of being affected and influenced by the Project. DOR and consultants will arrange public meetings in selected communities including village leaders to provide information about the project and take their views regarding the Project. At this visit, the specialist of the DSC and CRO will undertake screening for ethnic minority population with the help of ethnic minority leaders and local authorities. The screening will look into the name(s) & details of tribal community group(s) in the village especially assessing the number and percentage of tribal community households along the zone of influence of the proposed project. If the results show that there are tribal community households in the zone of influence of the proposed Project, a social impact assessment (SIA) will be planned for those areas.
SOCIAL IMPACT ASSESSMENT
10. The CR0 and the specialist from DSC will be responsible for undertaking the social impact assessment (SIA) study. The SIA will gather relevant information on demographic data; social, cultural and economic situation; and social, cultural and economic impacts — positive and negative. Information will be gathered from separate group meetings within the tribal community, including tribal leaders; group of tribal men and women, especially those who live in the zone of influence of the proposed components under the project. Discussions will focus on the positive and negative impacts of Project as well as recommendations on the project design. The CR0 and the consultants will be responsible for preparing the SIA and the development of an action plan with the tribal community leaders. If the SIA indicates that the potential impact of the proposed Project will be significantly adverse, threatening the cultural practices and their source of livelihood, the EA will consider other design options to minimize such adverse impacts and will prepare an IPDP. In case wherein the SIA identifies that the project will have significant differential impact compared to the mainstream population an IPDP will be prepared to enhance distribution of project benefits and promote the development of indigenous people.
INDIGENOUS PEOPLE DEVELOPMENT PLAN (IPDP)
11. The IPDP will consist of a number of activities and will include mitigation measures of potential negative impacts through modification of project design and development assistance to enhance distribution of project benefits. Where there is land acquisition or structural losses in tribal communities, the Project will ensure that their rights will not be violated and that they be compensated for the use of any part of their land in a manner that is culturally acceptable to them. The compensation measures will follow the Resettlement Framework (RF) of the Project.
12. The IPDP will include (i) baseline data; (ii) land tenure information; (iii) local participation; (iv) technical identification of development or mitigation activities; (v) institutional arrangement; (vi) implementation schedule; (vii) monitoring and evaluation; and (viii) cost estimate and financing plan. The EA/IA will submit the IPDP to the ADS for review and approval prior to award of civil works contract. The IPDP policy and measures must comply with ADB’s Policy on Indigenous Peoples.
CONSULTATION, DISCLOSURE AND INSTITUTIONAL FRAMEWORK
13. Ministry of Physical Planning and Works (MPPW) will be the executing agency for this project and Department of Roads (DOR) will be the implementing agency. A project implementation unit (PIU) will be established for the project and DOR will engage a Chief Resettlement Officer (CRO) to co-ordinate activities related to resettlement and indigenous people’s issues. For preparation of project PDP, the Executing Agency (EA) will have overall coordination and financing responsibilities while the CRC with the support from Social Development / Resettlement Specialist under the Design Supervision Consultant (DSC) will prepare, implement and monitor the IPDP. Since indigenous issues are sensitive, the IA will hire a local NGO with experience of working amongst indigenous groups for assisting in the planning and implementation of the IPDP. The EA will ensure that the agency/NGO hired is familiar with ADB policy and requirement of 1PDP.
14. The IPDP will be prepared in consultation with the affected indigenous groups. The mitigation measures and strategies will be presented to them in community level workshops for their inputs before being finalized. The IPDP will be translated into the local language(s) prior to implementation and will be disclosed.
15. The existing indigenous people’s institutions (like Janajati Mahasangh or National Federation of Disadvantaged and Indigenous Nationalities or the specific organizations of the ethnic groups affected by the project) and organizations will be involved in the implementation of IPDP and in the resolution of any dispute arising out of the implementation process. The EA will further ensure that adequate budget will be available to implement IPDP. MONITORING AND EVALUATION
16. Both internal and external agencies will monitor the implementation of the IPDP. DOR will establish a bi-annual monitoring system involving project staff, implementing NGO, affected ethnic (indigenous) groups, and local organizations of the ethnic groups to ensure participatory monitoring arrangements. A set of monitoring indicators needs to be determined during IPDP ‘implementation. Independent monitoring agency/expert to be hired by the EA/IA for monitoring resettlement implementation will also carry out external monitoring for IPDP. Appropriate monitoring formats will to be prepared for internal and external monitoring and reporting requirements. Attachment 1
Classification of Janajatis
Endangered Groups Bankariya, Kusunda, Kushbadia, Raute, Surel, Hayu, Raji, Kisan, Lepcha, Meche Highly Marginalized Group Santhal, Jhangad, Chepang, Thami, Majhi, Bote, Dhanuk (Rajbansi), Lhomi (Singsawa), Thudamba, Siyar (Chumba), Baramu, Danuwar Marginalized Group Sunuwar, Tharu, Tamang, Bhujel, Mumal, Rajbansi (Koch), Gangai, Dhimal, Bhote, Darai, Tajpuria, Pahari, Dhokpya (Topkegola), Dolpo, Free, Magal, Larke (Nupriba), Lhopa, Dura, Walung Disadvantaged Groups Jirel, Tangbe (Tangbetani), Hyolmo, Limbu, Yakkha, Rai, Chhantyal, Magar, Chhairotan, Tingaunle Thakali, Bahragaunle, Byansi, Gurung, Marphali Thakali, Sherpa Advantaged Group Newar, Thakali According to this classification there are 10 endangered groups’, 12 ‘highly marginalized groups’, 20 ‘marginalized groups’, 15 ‘disadvantaged groups’, and 2 ‘advantaged groups’. Considering the diverse cultures, races, languages and customs, the Constitution of Nepal, 1990, has recognized the existence of ‘tribes and indigenous people’ in the country.
Annex V
ToR for NGO’s and External Monitor
Government of Nepal Ministry of Physical Planning and Works Department of Roads Project Directorate (ADB)
Road Connectivity Sector I Project ADB GRANT NO. 0051-NEP (SF)
TERMS OF REFERENCE FOR LOCAL NGO
Galchhi – Trishuli – Syaphrubesi Road
May 2008
ND LEA Inc., Canada in association with CEMAT Consultants (Pvt.) Ltd., Nepal, Soil Test (Pvt.) Ltd., Nepal and Total Management Services, Nepal
Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road
Table of Contents
I. BACKGROUND INFORMATION OF ROAD CONNECTIVITY SECTOR I PROJECT ...... 1
1. INTRODUCTION...... 1 2. OBJECTIVES...... 1 3. IMPLEMENTATION ARRANGEMENTS ...... 2
II. TERMS OF REFERENCE ...... 2
1. INTRODUCTION...... 2 2. BACKGROUND ...... 2 3. OBJECTIVES...... 3 4. SCOPE OF WORK...... 4 4.1 Technical Aspects ...... 4 4.2 Social Aspects ...... 5 5. CLIENT PROPOSED COMPOSITION OF STAFF ...... 7 5.1 Social Team...... 7 6. TIMING ...... 8 7. REPORTING...... 8
Table of Contents i Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road BACKGROUND INFORMATION AND TERMS OF REFERENCE (Bhaktapur – Changunarayan Road, 5.727 Km)
I. BACKGROUND INFORMATION OF ROAD CONNECTIVITY SECTOR I PROJECT
1. Introduction
1. The Road Connectivity Sector Project is a project being implemented in 18 hilly and 3 Terai districts of Nepal that are among the poorest in the country and most have been affected by conflict. The project is being implemented with grant financing of ADB. The grant agreement was signed by GoN and ADB on 8th September 2006. The project is expected to be completed by 2012. The project through its components of (i) livelihood restoration, (ii) rural transport infrastructure construction, upgrading and rehabilitation and (iii) project management services aims to achieve improved access, improve the livelihood of people in the project area and reduce rural poverty.
2. Project will provide new and rehabilitated rural roads to improve access to and from District headquarters and on feeder roads through contractors. The Project includes a social mobilisation programme that, through awareness raising, information dissemination and other activities will: (a) facilitate effective participation by beneficiaries, including disadvantaged and socially excluded groups, in planning, implementation and monitoring; (b) ensure that employment on construction works is targeted at the local poor and that they receive the full financial benefits due to them from their work; (c) ensure that people affected by relocation and loss of assets receive full and fair compensation, and (d) provide HIV/AIDS and human trafficking awareness programmes and prevention measures along the roads. The Project will strengthen the capacity of local NGO partners.
2. Objectives
3. The long-term goal of the Project is to contribute to reduce rural poverty in hill and Terrai areas of Nepal. The Project purpose is to provide sustainable increased access to District Centres, to economic and social services, for people in the project area including poor people. To achieve this, the Project will extend the strategic road network and national road network to improve rural transport infrastructure in the districts. At the same time it will provide some unskilled local employment, increase people’s awareness and participation, increase institutional capacity in the NGO sectors, and improve accountability and transparency. This combination of outputs is expected to result in sustainable improved access that enhances the livelihoods of rural people including the poor.
4. The Project with its first three components: (i) rural livelihood enhancement—through awareness raising, information dissemination, community participation in planning, implementation, monitoring and auditing, provision of paid employment; (ii) capacity building through strengthening the management and monitoring capacity of local NGO, to plan and implement road related resettlement activities and make a sustainable impact on poverty reduction; and through ongoing monitoring of project activities, processes and performance, and (iii) road construction and rehabilitation.
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 1 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road
3. Implementation Arrangements
5. The Department of Roads (DoR) of the MoPPW will be assigned the direct responsibilities for managing the execution of the project consistent with its defined national function. A Project Implementation Unit (PIU) will be established in DoR supported by Design and Supervision Consultants (DSC) and by a national-level NGO on resettlement verification issues and another national NGO to provide HIV/AIDS, anti trafficking programmes. A key project strategy is to strengthen capacities at district level by increasing the role of the local NGO as service providers to, but managed by, the DSC. An NGO will be recruited for each road corridor. This NGO will provide the capacity for the intensive on-site supervision that is a requirement of RCSP, and for social mobilisation activities.
6. The project implementation period is five years. The project will start with a pre- construction phase focusing on initiating the resettlement and social mobilization! capacity building activities, undertaking feasibility studies. The preconstruction phase is planned for 15 months followed by the construction phase.
II. TERMS OF REFERENCE
7. With the above objective of the project, the implementing agency, the DoR office intends to procure the services of the Local NGO (hereinafter called the LNGO) to implement the resettlement and social mobilization! monitoring activities of the project in each affected district. The scope of services for the LNGO is elaborated hereunder.
1. Introduction
8. The Road Connectivity Sector Project is a project being implemented in 18 hilly districts and 3 Terrai Districts of Nepal. The project is being implemented with the grant financing of ADB. The grant agreement was signed by GoN and ADB on 8 September 2006. The project is expected to be completed by 2012. The project through its components of (i) community mobilisation and rural livelihood restoration, (ii) rural transport infrastructure (iii) project management services aims to achieve improved access, improvement of livelihood of people in project area and reduce rural poverty.
2. Background
9. The LNGO shall be engaged mainly for social mobilization and rural livelihood restoration, survey, design and supervision of the implementation of the resettlement. They shall be based in the district and shall maintain their operations from there. In order to enhance this cooperation, it is expected that the LNGO will be responsible for the social mobilization and resettlement aspects of RCSP.
10. A key Project outcome is to create capacity to contract out services to the NGO sectors, as well as implementation of similar infrastructure projects. The approach of RCSP maximises benefits to the rural poor in project areas, but will require a high level of supervision to ensure quality of work. The LNGO shall be utilised particularly with respect to:
• Planning • Conduct social surveys • Resettlement assessments and land compensation payment, including facilitation and negotiation between all parties • Social mobilisation of resettlement Affected Persons • Involvement in livelihood restoration training • Participation and community consultation
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 2 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road
• Grievance Redress Procedures, Local Consultative Forums and other mass meetings • Monitoring workers welfare • Assisting the national HIV/ AIDS NGO to implement their programmes • Assisting the National Resettlement Verification NGO to implement their programmes • Monitoring and evaluation • Liaison and facilitation of cooperation with the district administration, project management and DSC
3. Objectives
11. The main objective of the LNGO is to ensure smooth implementation of the Resettlement activities, income restoration and livelihood promotion programmes and ensure that all APs get timely compensation and assistance. The LNGO are responsible for helping the DSC with all related tasks for the planning and implementation of resettlement prior to construction, the monitoring of resettlement activities after letting of works contracts, monitoring contractors performance towards workers conditions etc and employment of local people, and assistance to the national NGO hired to verify and monitor resettlement and the HIV/AIDS/ anti-trafficking programmes. The tasks shall be concentrated on, but not necessarily limited to, the following areas:
• Planning Aspects - The LNGO shall assist the DSC in the public information and community consultation campaign for RCSP, the updating of Resettlement Plans (RPs), facilitate to produce new RP’s, undertake and conduct data collection and surveys in the prescribed format and to the procedures specified in the Project Social Procedures Manual (PSPM) alongside the DSC cadastral surveyor, check and code the data for entry into the DSC database. Consult with Local People to prepare income restoration and livelihood promotion programme.
• Implementation Aspects - The LNGO shall implement the Resettlement Plan and income restoration programme derived from the survey data by the DSC and as agreed/ approved by DoR and the ADB. The implementation consists of assisting Project Affected Persons to gain their correct entitlement to compensation, through operating the Grievance Redress mechanism, support to the Local Consultative Forum as per the procedures and process defined in the Project Social Procedures Manual. The LNGO will also take part in such monitoring exercises as required and assist the national NGO in running their awareness programmes! monitoring surveys.
• Operation and maintenance Aspects - The LNGQ shall monitor the performance and compliance of the contractors to the social conditions of contract, the Labour Laws of Nepal and the Public Works Directives, requirements in this sector.
• Capacity Building - The DSC will assist in the capacity building of the LNGO to develop the skills to undertake resettlement related activities and manage the required surveys. The LNGO is required to send their Team Leader and Social Mobilization Supervisors to attend at their own cost a four day long training course in resettlement activities. The training will be organized or conducted by resource centre other than DSC.
• Monitoring and Evaluation - The LNGO shall also carry out required monitoring to give inputs to the formal monitoring system and impact evaluation being undertaken at different stages of the project.
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 3 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road
• Social Aspects - The LNGO shall also carry out all activities related to social mobilization and social development as per the project objectives
4. Scope of Work
12. The principal tasks of the LNGO with regards to technical and social aspects during the implementation of road projects are, but will not be limited to, the following:
4.1 Technical Aspects i. Preparation
• Undertake training in resettlement social activities ii. Review previous studies and collect relevant data
• study the Project Social Procedures Manual • collect topographical maps, cadastral maps etc, if required • collect relevant information from concerned and relevant authorities • collect district rates and work norms of the Departments of Forestry and Agriculture, Land Revenue values etc iii. Conduct studies, field suiveys and community consultation
• carry out walkover survey, household listing and socio-economic surveys • design and implement the public information campaign • formation of Local Consultative Forum(LCF) • conduct the community consultation exercise • assist the DoR Project Manager to conduct Local Consultative Forum meetings as directed by LCF guidelines • assist the design team of DSC to integrate community feedback on design etc into the final design • carry out the detailed resettlement survey and prepare the data for analysis by the DSC resettlement specialists iv. Carry out the social, resettlement and gender plans
• Ensure compliance with the gender action plan in resettlement • Ensure training is made available to those receiving training grants under the entitlement matrix under income restoration measures • Prepare a list of severely project affected households for preferential employment with contractors • Continue the community consultation campaign, publicise the availability of unskilled labour • Prepare lists of poor local people including women willing to work at the district wage rate as unskilled labourers for the contractors, introduce those interested to work with the contractor • Monitor contractor’s compliance with social conditions of contract, Labour Laws and Public Works Directives, monthly • Undertake monitoring of resettlement as required by the national verification NGO in compliance with GoN and ADB monitoring guidelines • Assist the HIV/AIDS NGO to undertake their awareness programmes with contractors and communities
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 4 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road
v. Prepare reports
• Prepare monthly and quarterly monitoring reports and others as required
4.2 Social Aspects
13. The principal tasks of the LNGO with regards to social mobilization aspects are, but not limited to, the followings: i. Ensure institutional development of community based organizations in RCSP
• Facilitate in the formation and mobilization of Local Consultative Forums, and assist in their regular meetings and other institutional activities ii. Ensure genuine participation of local beneficiaries with strong emphasis on women, disadvantaged groups and Indigenous people
• Conduct mass meetings to motivate beneficiaries to participate in RCSP • Prepare household list of beneficiaries belonging to the project influence area • Conduct base line survey and beneficiary awareness campaigns to prepare the list of potential labourers with special emphasis on the inclusion of women and disadvantaged people • Coordinate with other service providers such as Village Development Committee (VDC), Municipality, District Agriculture Office (DAO) District Forest Office ((DFO) District Land Revenue Office (DLRO) District Survey Office (DSO) and District Administration Office (DAO) etc as required iii. Ensure fair working condition for labourers
• Make monitoring visits to contractor sites monthly • Conduct awareness raising programs for unskilled labourers at construction sites informing them about their rights and duties and inclusion in the HIV/AIDS/ anti- trafficking campaigns • Ensure that the labourers are fully aware of the insurance facilities provided under the contract by contractors and facilitate claims arising out of injuries, disabilities and death • Enforce strictly the provision of use of labour cards • Develop and implement mechanisms for the use of first aid boxes and other possible facilities in a sustainable way • Disseminate information regarding occupational safety and health • Distribute relevant information on fair working condition including elimination of child labour, provision of equal pay for both the men and women for equal volume of works performed and other relevant aspects • Monitor fair and timely distribution of wages • Inform the concerned CRE/ RE and the Project Manager for action in case of any discrepancy noted in relation to fair working conditions
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 5 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road iv. Carry out activities to enhance soclo-economic condition of the local beneficiaries
• Plan and implement or find other appropriate training courses for income generation as identified by severely affected peoples from the allowance for training specified in the entitlement matrix and guideline for enhancing poverty reduction of road project, if it is required
• Coordinate with the district line agencies to streamline their interventions effectively in the project influence area v. Carry out resettlement survey and prepare resettlement plan! Indigenous People Development Plan (IPDP)
• Attend the resettlement training workshop to be conducted by resources centre other than DSC • Undertake social and resettlement surveys throughout alignment by keeping in mind, community, ward and district as required for the road, check and code the data to prepare report • Help calculate resettlement valuation assessments and land compensation payment by consulting with other related agencies • Assist the Compensation Determination Committee in fair valuation and attend CDC meetings as observer • Assist in addressing and solving the grievances of the APs at the Local level • Assist/facilitate the APs to access and plead their grievances in the Grievance Redress Committee, and record all the applications and results • Perform other work as directed by Resettlement Action Plan(RAP)/ IPDP and DSC vi. Assist the National Resettlement Verification and HI V/A ID S NGO
• Assist in the organisation and conduction of orientation and awareness trainings at least once in three months to different stakeholders on HIV/AIDS, and human trafficking • Assist to National Resettlement Verification NGO to conduct meeting, community consultation and workshop vii. Maintain constant liaison with key stakeholders, DSC and PM along with national NGO
14. While carrying out aforementioned tasks the LNGO should follow the guidelines developed and incorporated by the project. The LNGO should also provide required information from the districts to develop and improve or incorporate in necessary guidelines, manuals etc. The LNGO shall also closely coordinate with PM (Project Manager), DSC and National NGO and follow the instructions and advice of the PM, DSC and National NGO in carrying out the above activities. The LNGO shall make available its staffs for capacity building training and other trainings carried out by Resource Centre other than DSC at its own expense. LNGO shall carry out its activities under the close supervision of DSC.
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 6 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road
5. Client Proposed Composition of Staff
15. In order to complete the above tasks, the following team composition of staff has been proposed by the client:
5.1 Social Team
16. All the staffs under social team shall be provided through local NGO: a) Team Leader - 1 No. (Intermittent, as and when required)
The Team Leader should have a minimum qualification in Bachelors of Arts in social science/sociology. Master degree in Sociology will be preferred. S/he should have at least Three years of general experience in the related field. Preference shall be given to the candidate experienced in road projects with social mobilization aspects. S/he is expected to provide input in the field with intensive field visits. b) Social Mobilization Supervisor - 2 Nos. (Intermittent, as and when required)
The Social mobilizer should have a minimum qualification of proficiency certificate level in social science. Bachelor degree in Social Science/Sociology will be preferred. S/he shall have at least three years experience in a similar position. Preference shall be given to the candidate experienced in road projects with social mobilization aspects c) Enumerator Social Mobilizer - 4 Nos. (Intermittent, as and when required)
The Local Facilitator/Motivator shall have at least S.L.C. level education s/he shall be stationed at the site full time.
17. The Client’s proposed tentative person-months requirements for the required services are summarized as follows:
Person- S.No Personnel Remarks Months
1. Team Leader 12 Intermittent 2. Social Mobilization Supervisor 17 As and when required 3. Enumerator / Social Mobilizer 34
18. The input of the above proposed personnel and person-months may vary depending upon the volume of work and shall be utilized based on an as and when required basis. Thus, the deployment would be on the basis of approved annual work plan.
19. In case of unallocated staffs of positions (Supervisor, Social Mobiliser, Local Facilitator/Motivator) the inputs can be interchanged and used based on requirements.
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 7 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Galchhi – Trishuli – Syaphrubesi Road
6. Timing
The LNGO shall be employed for the project duration of four years. During Mid Term Review (MTR), the performance evaluation of the LNGO shall be carried out.
7. Reporting
20. The LNGO should prepare three copies of all required reports mentioned in Project Social Procedures Manual (PSPM) and Project Performance Monitoring Systems (PPMS) in the prescribed format. Simple and concise progress monitoring and reporting should be submitted covering socio-economic and resettlement aspects of the project. In addition the LNGO shall also assist to prepare all monthly, trimester and periodic reporting that is being undertaken by the DSC or other consultants, in accordance with the ADB and GoN requirements. The reports should be clear and concise with all relevant data disaggregated by gender. Standard reporting shall include, but not be limited to:
• Monthly progress reports • Quarterly, biannual and annual reports to be submitted to ADB by DoR/PIU and related GoN progress reports • Reports on Contractor compliance • Other reporting as required by the Project Performance Management System (PPMS)
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 8 Feasibility Study, Detailed Design and Construction Supervision Government of Nepal Ministry of Physical Planning and Works Department of Roads Project Directorate (ADB)
Road Connectivity Sector I Project ADB GRANT NO. 0051-NEP (SF)
TERMS OF REFERENCE FOR NATIONAL VERIFICATION NGO
ND LEA Inc., Canada in association with CEMAT Consultants (Pvt.) Ltd., Nepal, Soil test (Pvt.) Ltd., Nepal and Total Management Services, Nepal
August 2007 Terms of Reference for National Verification NGO August 2007
TERMS OF REFERENCE FOR THE NATIONAL NGO FOR VERIFICATION OF THE RESETTLEMENT PLAN
A. OBJECTIVES OF THE ASSIGNMENTS
1. The objective of the National level NGO is to conduct ongoing monitoring of the resettlement efforts of the Executing Agency/Implementing Agency and verify successful completion of resettlement activities.
The Road Connectivity Sector Project has a Social Action Programme that integrates the social feasibility assessment, land acquisition and compensation activities and the implementation of construction/ rehabilitation with support to the affected families. The project will be implemented in 3 sample roads and up to 9 non-sample roads by DoR assisted by the Design and Support Consultants. District NGOs will work with the DSC to design and implement the Resettlement Plan. The ADB Policy for Involuntary Resettlement requires independent external verification and this will be undertaken by a national level NGO based in Kathmandu, willing to travel to all the road components.
The NGO will deploy a Resettlement Consultant/ Specialist as Team Leader/ External Monitor experienced in Resettlement issues to liaise with RCSP and the DSC/ Resettlement Consultants in charge and who will be responsible for undertaking the resettlement verification surveys and reporting to DoR/ ADB.
The National NGO will provide office space for the work within its own offices with its own dedicated office equipment and computer/ printer etc.
Selection Criteria:
• Registration in District administration office as NGO service. • Affiliate with Social welfare Council • Register in PAN • Current experience in resettlement is essential. • Preference will be given to NGOs already working in resettlement in road projects. • A single NGO to undertake all activities on each of the 12 road section projects is preferred.
B. SCOPE OF WORK- GENERAL
• To review and verify the progress in resettlement implementation as outlined in the RP; • To monitor the effectiveness and efficiency of the Implementing Agency and the Local NGO in RP implementation; • To assess whether the resettlement objectives, particularly livelihoods and living standards of the Affected Persons (APs) have been restored or enhanced; • To assess resettlement efficiency, effectiveness, impact and sustainability, drawing on policy and practices and to suggest corrective measures, if required.
Road Connectivity Sector Project (ADB Grant No 0051-NEP (SF)) 2 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for National Verification NGO August 2007
C. SCOPE OF WORK - SPECIFIC
The major tasks expected from the external monitor are:
1. The NGO monitor will visit each road section when payment of compensation and resettlement have been completed and review the results of internal resettlement monitoring. Verification will be assessed through random checking of 10% affected households at field level to assess whether land acquisition/ resettlement objectives have generally been met. The NGO will involve the affected people and community groups in assessing the impact of land acquisition for monitoring and evaluation purposes through participatory community meetings. .
2. Identify the strengths and weaknesses of the land acquisition/ resettlement objectives and approaches, implementation strategies.
3. To review and verify progress in land acquisition/ resettlement implementation of the projects on a sample basis and prepare bi-annual reports for the DoR, Government of Nepal and the ADB at the end of years 2 and 4 after the commencement of construction.
4. To assess the effectiveness and results achieved for livelihood restoration programme and house rebuilding sites.
5. To liaise with the Local NGO over monitoring activities and review the effectiveness of the Local NGO in resettlement implementation.
6. To monitor and evaluate implementation of Resettlement plan once in a six month period and provide feedback to the Executive Agency/Implementating Agency.
D. OUTPUTS
6. The independent External Monitor will visit each road section as it nears completion to verify internal reports, check delivery the entitlement matrix and compile a Verification Report on:
• Payment of compensation and timing; • Land readjustment or facilitate to arrange new land • Relocated house construction; • Training • Enterprise relocation, compensation and its adequacy; and • Payment of Allowances. • For each category, how the entitlements were used and their impact and adequacy to meet the specified objectives of the RP. • The sufficiency of entitlements vis-à-vis the RP, to restore livelihoods.
7. The Verification Report is to be written to the prescribed format. It will describe whether involuntary resettlement has been successfully implemented (a) in accordance with the RP, and (b) in accordance with the stated policy of both ADB and DoR.
8. The independent External Monitor is required to describe any outstanding actions that are required to bring the resettlement activities in line with the policy and the RP, describe further mitigation measures needed to meet the needs of any affected person or families judged and/or perceiving themselves to be worse off as a result of the Project.
Road Connectivity Sector Project (ADB Grant No 0051-NEP (SF)) 3 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for National Verification NGO August 2007
9. The Verification Report must also provide a timetable and define budget requirements for any supplementary mitigation measures and detail the process of compliance monitoring and final "signing off" for these APs. It must also describe any lessons learned that might be useful in developing the new national resettlement policy and legal/institutional framework for involuntary resettlement.
10. The independent External Monitor will then verify that resettlement has been completed to a standard sufficient that construction contracts can be let. This is an ADB Policy on Involuntary Resettlement requirement.
11. The External Monitor must make two further monitoring visits to each road section to assess ongoing progress and produce a monitoring report for each assessment in years 2 and 4 following award of contracts. These visits will coordinate with the District NGO internal monitoring activities with APs and involve special attention to monitoring impacts on women APs and other vulnerable groups of APs. A Monitoring Report will be produced for each visit.
12. The independent monitoring agency will be responsible for overall monitoring of the EA/IA and will submit reports direct to the ADB and determine whether resettlement goals have been achieved, whether livelihoods and living standards have been restored/ enhanced and suggest recommendations for improvement.
E. TEAM COMPOSITION AND QUALIFICATIONS
In order to complete above tasks, the following staff have been proposed.
• Team Leader 1 Nos (Intermittent, on as and when required basis) • Supervisor 2 Nos (Intermittent, on as and when required basis) • Enumerators 2 Nos (Intermittent, on as and when required basis)
13. The monitoring agency will have significant experience in resettlement policy analysis and work experience and familiarity with all aspects of resettlement operations would be desirable. The NGO will deploy a team consisting of a Team Leader as Monitor with at least master degree in anthropology, sociology, or development studies, and who must have 3 years experience of resettlement in Nepal. The NGO Team Leader/ Monitor will require the assistance of an experienced survey supervisor and deploy up to two enumerators as required for each verification/ monitoring survey. The qualification of supervisor shall have at least proficiency certificate level and 3 years experience in resettlement survey. The enumerators shall have at least School Leaving Certificate (SLC) pass and s/he shall be stationed at site.
14. Interested agencies/ consultants are advised to contact the Resettlement Consultants of RCSP to discuss the scope of works before submission of the proposal for the work. The proposal should contain a brief statement of the approach, methodology, and relevant information concerning previous experience on monitoring of resettlement implementation and preparation of reports.
15. The profile of the agency along with full CVs of Team Leader/ Monitor to be engaged must be submitted along with the proposal. The agency must be an established organisation registered with the Government of Nepal.
Road Connectivity Sector Project (ADB Grant No 0051-NEP (SF)) 4 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for National Verification NGO August 2007
F. BUDGET AND LOGISTICS
Three copies of the proposal both technical and financial – should be submitted and the budget should include all costs and any logistics details necessary for resettlement monitoring. Additional expense claims whatsoever outside the budget will not be entertained.
Road Connectivity Sector Project (ADB Grant No 0051-NEP (SF)) 5 Feasibility Study, Detailed Design and Construction Supervision
Annex VI
Schedule for Land Acquisition
RCSP ADB Grant 0051-NEP (SF) Draft Schedule of Land Acquisition and Compensation Based on Land Acquition Act 2034 (1977) of Nepal and PWD of DoR
2008 2009 2007 (forth Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Step Action Responsibility LAA Clause # quarter Jan Jan onward) 123456789101112131415161718192021222324
The government decides to acquire land for public works purpose and authorises the Project Manager of the 1 Government 3, 5 project to initiate the survey work to determine details of the land plots to be acquired (Preliminary action)
Issues notice of preliminary action and affixes it in 2 Project Manager 6, (1) specified places for public information After 3 days, begins the survey of land and preparation 3 Project Manager 6(2,3) of maps During the survey, if private properties (crops, boundry walls, trees etc) are damaged, the Project Manager 4 Project Manager 7 (1,2) determines the compensation amount and distributes to the affected owners. In case owner is not satisfied with the compensation amount determined by the PM may complain to the CDO 5 CDO 7(3) within 15 days. CDO gives his decision on the complaint and which is final
Preparation and submission to CDO a report giving the 6 Project Manager 8 (1,2) details of the land plots / properties to be acquired
CDO publishes a notice giving the details of land plots / properties to be acquired with instruction to claim the 7 compensation with ownership document within 15 days CDO 9(1,2 & 3) of publication of the notice. Besides copies of the notice shall be affixed at specified places
After the publication of the acquisition notice, the concerned Land Administration Office (LAO) / Land 8 LAO /LRO 9(4) Revenue Office (LRO) suspends land transaction of the affected plots / properties Any person who thinks that his land should not be acquired may complain to the Home Ministry through 9 Land Owner 11(1) CDO within 7 days giving reasons why his land should not be acquired Home Ministry gives its decission within 15 days of 10 Home Ministry 11 (2, 3 & 4) receiving the complaint
After the publication of the notice CDO may take possession of the affected land plots and hand them over to the project after; decision has been made on the complaint; at anytime after the expiry of the time limit for 11 filing complaint ; In the case of houses to be acquired, CDO 12 (2) 50% of the compensation amount and in the case where compensation amount has not been fixed , an advance amount sufficient to shift the household has to be paid before the houses are taken control
1 RCSP ADB Grant 0051-NEP (SF) Draft Schedule of Land Acquisition and Compensation Based on Land Acquition Act 2034 (1977) of Nepal and PWD of DoR
2008 2009 2007 (forth Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Step Action Responsibility LAA Clause # quarter Jan Jan onward) 123456789101112131415161718192021222324 13 (1,2& 3), CDO forms a Compensation Fixation Committee (CFC) 12 CDO 14, 15, to determine the compensation amount 16(1&2), 17 & CDO prepares the list of the owners entitled for 13 CDO, CFC 18 (1) compensation and publishes notice to inform them Any person not satisfied with the list may file a complaint 14 Land Owner 18 (2) to the Home Ministry within 15 days
The Home Ministry gives its decision within 15 days of receiving the complaint except in the case of complaint which needs to be decided by a court. In this case the Home Ministry, 15 18 (3 & 4) compensation amount will be suspended and deposited Land Owner in specified account until the case is finally settled, and In some cases the decission will have to wait until settled by a court the legal owner can claim the amount within 2 years
CDO informs the government (concerned agency) about 16 the compensation amounts payable to the affected CDO 19 persons PM starts distribution of the compensation and Income Project Restoration Assistance to the affected owners and the Manager, 17 10, 37 affected owners should collect the compensation within Affected In some cases the compensation distribution will have to wait until settled by a court the specified time Persons The ownership of the acquired land will shift to the government agency and ownership certificates will be CDO, LAO / 18 23 (1,2&3) issued and the land ownership certificates of the LRO affected persons shall be adjusted accordingly In some cases tissuing of ownership certificates will be delayed due to above cause
19 Bid Submission and Opening
20 Bid Evaluation
21 DoR Approval
22 ADB Approval
23 Contract Award
2