Resettlement Planning Document
Resettlement Plan for Tamakoshi–Manthali–Khurkot 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 Tamakoshi - Manthali - Khurkot 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 IMPACT...... 8 1.3. OBJECTIVES OF THE RESETTLEMENT PLAN...... 10 1.4. MEASURES TO MINIMIZE IMPACT ...... 11 2. THE PROJECT AREA: SOCIO-ECONOMIC PROFILE ...... 12 2.1 THE SUBPROJECT AREA ...... 12 2.2 SOCIO-DEMOGRAPHIC PROFILE ...... 12 2.3 ECONOMIC PROFILE ...... 13 2.5 SOCIAL PROFILE OF THE AFFECTED HOUSEHOLDS ...... 14 2.5.1 Literacy and Education ...... 14 2.5.2 Age Group of Household Population...... 15 2.6 ECONOMIC PROFILE ...... 15 2.6.1 Occupational Background of the Households ...... 15 2.6.2 Average Annual Income and Poverty Status...... 16 2.6.3 Main Income Earners ...... 17 2.7 GENDER IMPACTS OF THE SUBPROJECT ...... 17 2.8 WOMEN'S WORK PARTICIPATION ...... 18 2.8.1 Mobility Pattern...... 18 2.8.2 Decision-making Status ...... 18 2.8.3 Subproject's Impact on Women ...... 19 2.9 TYPES OF SUBPROJECT IMPACTS AND APS ...... 19 2.9.1 Impact on Socially Vulnerable Groups ...... 20 2.10 IMPACT ON STRUCTURES...... 21 2.11 IMPACT ON RESIDENTIAL STRUCTURES ...... 21 2.11.1 Type of Affected Residential Structures...... 21 2.11.2 Extent of Loss...... 22 2.11.3 Extent of Loss of Residential Structures by Vulnerable Households...... 22 2.11.4 Legal Ownership of the Residential Structures...... 22 2.11.5 Relocation and Rehabilitation Measures for Residential Structures ...... 23 2.12 RESIDENTIAL CUM COMMERCIAL STRUCTURES ...... 23 2.12.1 Construction Type of Affected Residential cum Commercial Structures ...... 23 2.12.2 Extent of Loss...... 23 2.12.3 Extent of Loss of Residential cum Commercial Structures by Vulnerable Households...... 24 2.12.4 Legal Ownership of the Affected Residential cum Commercial Structures ...... 24 2.12.5 Relocation and Rehabilitation Measures ...... 25 2.12.6 Employees in the Residential cum Commercial Structure...... 25 2.13 TEMPORARY MOVABLE KIOSK ...... 25 2.14 LOSS OF LAND ...... 25 3 RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX...... 26 3.1 INTRODUCTION ...... 26 3.2 POLICY FRAMEWORK: REVIEW OF NATIONAL POLICY AND ADB REQUIREMENTS ...... 26 3.2.1 Legal Framework...... 26 3.2.2 ADB Resettlement Policy...... 27 3.3 DIFFERENCE BETWEEN ADB POLICY ON RESETTLEMENT AND GON LEGAL FRAMEWORK...... 28 3.4 RESETTLEMENT PRINCIPLES & ASSISTANCE ...... 29
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) i Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road
3.5 ACQUISITION OF LAND/PROPERTIES AND VALUATION...... 29 3.5.1 Disposal of Acquired Properties ...... 29 3.6 THE ENTITLEMENT MATRIX...... 30 3.6.1 Compensation for Loss of Land...... 30 3.6.2 Compensation for Structures (residential/ residential-cum-commercial) and Other Immovable Assets 31 3.6.3 Assistance for Tenants...... 31 3.6.4 Income Restoration Assistance...... 31 3.6.5 Re-building / Restoration of Community Resources/Facilities ...... 32 4 CONSULTATION AND STAKEHOLDER PARTICIPATION ...... 36 4.1 INTRODUCTION ...... 36 4.2 METHODS OF PUBLIC CONSULTATION ...... 36 4.3 CONSULTATIONS – SCOPE AND ISSUES ...... 37 4.3.1 Scope of Consultations ...... 37 4.3.2 Feedback from the Consultations...... 37 4.4 DISCLOSURE OF RP ...... 40 4.5 PLANS FOR FURTHER CONSULTATION & COMMUNITY PARTICIPATION DURING SUBPROJECT IMPLEMENTATION ...... 40 5 IMPLEMENTATION FRAMEWORK AND BUDGET ...... 41 5.1 INSTITUTIONAL SETUP...... 41 5.2 PROJECT IMPLEMENTATION UNIT (PIU) ...... 41 5.2.1 Roles and Responsibilities...... 41 5.3 NON-GOVERNMENT ORGANIZATIONS (NGOS) ...... 43 5.3.1 Role and Responsibilities...... 43 5.3.2 Grievance Redress Committee (GRC)...... 43 5.3.3 Role and Responsibilities...... 43 5.4 DESIGN SUPERVISION CONSULTANT (DSC) ...... 44 5.5 RESETTLEMENT IMPLEMENTATION SCHEDULE...... 44 5.6 STAFF TRAINING IN RESETTLEMENT IMPLEMENTATION...... 45 5.7 RESETTLEMENT DATABANK ...... 45 5.8 COST ESTIMATE AND BUDGET ...... 45 5.8.1 Basis Taken for Estimating Land Cost...... 45 5.8.2 Basis Taken for Estimating Structure Cost ...... 45 5.9 COST CALCULATION ...... 46 6 MONITORING AND EVALUATION ...... 48 6.1 NEED FOR MONITORING...... 48 6.2 TYPES OF MONITORING...... 48 6.2.1 Internal Monitoring ...... 48 6.2.2 Second Tier Monitoring: External or Independent Monitoring ...... 49 6.3 STAGES OF MONITORING...... 50 6.4 REPORTING REQUIREMENTS ...... 50
List of Tables
Table 1 Details of Tamakoshi-Manthali-Khurkot Subproject...... 1 Table 2 Number of Affected Land Parcels ...... 2 Table 3 Affected Households and APs as a Result of Land Acquisition in Tamakoshi- Manthali-Khurkot Subproject...... 2 Table 1.1 Construction Details of the Tamakoshi – Manthali – Khurkot Subproject ...... 8 Table 1.2 Number of Affected Land Parcels ...... 9 Table 1.3 Affected Households and APs as a Result of Land Acquisition...... 9 Table 1.4 Affected Households and Structures ...... 10 Table 2.1 Summary of Affected Households and Affected Families...... 13
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) ii Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road
Table 2.2 Affected Households by Ethnic and Caste Group Categories ...... 14 Table 2.3 Educational Status of the Respondents of Affected Households...... 14 Table 2.4 Literacy Status of the Family Members of the Households...... 14 Table 2.5 Average Family Size Age Group in the Subproject Area Reported HHS...... 15 Table 2.6 Main Sources of Income of Interviewed Households...... 15 Table 2.7 Breakdown of Economically Active Population by Sex ...... 16 Table 2.8 Average Annual Income of the Affected Households (NRs) ...... 16 Table 2.9 Poverty Status by Ethnic/Indigenous & Other Caste Groups Affected Households Type ...... 17 Table 2.10 Main Earners in the Subproject Area ...... 17 Table 2.11 Affected Households and APs ...... 19 Table 2.12 Vulnerability Status of the APs of Affected Households ...... 20 Table 2.13 Types of assets by loss and structure type...... 21 Table 2.14 Types of Affected Residential Structures...... 21 Table 2.15 Extent of Loss of the Residential Structure...... 22 Table 2.16 Extent of Loss of Property by Vulnerable Households...... 22 Table 2.17 Ownership Status of the Affected Residential Structures Ownership Status...... 23 Table 2.18 Construction Type of the Affected Structures ...... 23 Table 2.19 Extent of Loss of the Affected Structures...... 24 Table 2.20 Extent of Loss of Property by Vulnerable Households...... 24 Table 2.21 Ownership Status of Affected Residential cum Business Structures...... 24 Table 2.22 List of Affected Land in the Subproject ...... 25 Table 3.1 Some Difference between ADB Policy and GON Legal Framework...... 28 Table 4.1 Methods Employed During the Course of Consultations ...... 36 Table 4.2 Consultation Matrix ...... 38 Table 5.1 Resettlement Cost Estimate (Tamakoshi-Manthali-Khurkot Subproject)...... 47
List of Figures
Figure 1.1 Map Showing the Sample Road ...... 7 Figure 5.1 Institutional Framework for Resettlement Activities ...... 42
Annexes
Annex 1 List of Affected Structures and Compensation Cost (available upon request) Annex 2 Typical Cross Sections Annex 3 ToRs for NGOs and External Monitor Annex 4 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 Tamakoshi - Manthali - Khurkot 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 the occupational and artisan group. The 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 to. 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) In Nepal, tribal people are also called as ethnic groups or indigenous ethnic groups because these groups are outside of the hierarchical caste structure of the Hindu majority religion. 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 areas and the Indo- Nepalese are concentrated in the Terai Plain and the inner Terai.
As defined by the 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.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) a Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road
Land Acquisition and Compensation The committee to be formed under the chairmanship of the Fixation Committee CDO 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 the 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.) The name of the year followed as the national year in Nepal. VS is approximately 57 years ahead of the Augustan Calendar.
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 Tamakoshi - Manthali - Khurkot 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 Reinforcement Brick Concrete RCC Reinforcement Cement Concrete RCSP1 Road Connectivity Sector I Project RNDP Road Network Development Project RP Resettlement Plan SLCs Subproject Level Committees Sq.m. Square Metres 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 Tamakoshi - Manthali - Khurkot Road
Executive Summary of the Resettlement Plan
A. DESCRIPTION OF THE PROJECT
1. The Government of Nepal (GON) has formulated a 20 Year Road Plan. One of the main objectives of the plan is the development of the Strategic Road Networks (SRN).The implementing strategies of the plan include all weather road connections to the District Headquarters (DHQs) 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 a “model” for Subproject preparation for the remainder of the roads. These three sample Subproject roads comprise (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. A brief description of the road is given in Table 1.
Table 1 Details of Tamakoshi-Manthali-Khurkot Subproject Districts Length Construction Details Covered (km) Additional roadside structures, slope protection works, Dolakha and 54.784 bioengineering works, drainage / cross drainage works, pavement Ramechhap construction with DBST sealing Source: Detail Design, 2008
B. PROJECT AREA AND IMPACTS
3. The Subproject road passes through two Districts, Dolakha and Ramechhap. It entails improvement of about 54.784 km of road from Tamakoshi of Dolakha District to Seleghat of Ramechhap District so as to join with Khurkot Road of Sindhuli District. The latter is located at the southern border of Ramechhap District. A major portion of the existing Subproject Road passes through mountain ranges along the bank of the Tamakoshi River.
4. The Subproject Road follows the existing alignment. The average available width of existing road is 5.5 to 6 meters with passing zones at different locations. The scope for widening the road is very limited, as most of the road section has the mountain range on one side and the Tamakoshi River on the other. The detailed design requires a footprint width of 6 – 12 meters in several sections of the road. An additional land area of 8,041 sq.m. (0.8041 ha.) will be required for widening the existing road to the design width. A total of 106 land parcels will be affected by this acquisition. As per the initial findings of the Affected Households Survey, there are 95 plot owners for 106 parcels of land. Out of these, 64 households were interviewed and 31 were absent at the time of survey.
5. Out of the total 106 land parcels, 101 land plots were without structures and 5 had structures. The numbers of land parcels with contactable landowners at the time of survey were 70 owned by 64 households. However there are a total of 714 affected people in 95 titleholder households whereas 13 households were found to be encroaching and are
Road Connectivity Sector I Project (ADB Grant No. 0051 - NEP (SF)) 1 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road tenants totaling 99 affected persons. Hence, there are a total of 813 affected families in 108 households.
Table 2 Number of Affected Land Parcels Land Area to be Affected HHs Land Parcels acquired (Sq.m) Types of Affected Assets Detailed Detailed Detailed PPTA, PPTA, PPTA, Design, Design, Design, 2005 2005 2005 2008 2008 2008 Land only 60 - 65 -
Land with Structures 4 35* 5 31 8041 486 Land of Absentees 31 - 36
Total 95 106 Note: *This figure is reported as the number of households in the PPTA resettlement report and not as the number of parcels. There is no record of the number of land parcels with structures in PPTA report.
6. Of the total 106 plots, plot owners were identified for 70 parcels. Thirty one (31) plot owners from 36 parcels and 13 households from tenants and encroachers could not be met at the time of survey and were recorded as absentees. There were 64 plot owners for 70 parcels of land. According to the Affected Households Survey data, a total of 108 households and 813 persons will be affected by 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 in Tamakoshi- Manthali-Khurkot Subproject Type of Asset Affected No. of Affected HHs No. of APs Detailed Detailed PPTA, PPTA, Design, Design, 2005 2005 2008 2008 Land only - 60+31=91 - 683 Land with Residential Structures 13 1 60 8 Land with Residential cum 3 14 77 23 Commercial Structures Temporary Commercial 1 4 22 8 Structures(Encroach kiosk) Residential structure(Encroach) 1 8 Residential cum commercial 3 23 structure(Encroach) Tenants of Residential Structures 1 8 Tenants of Residential cum 7 4 22 52 Commercial Structures Employee working at residential - - 14 - cum commercial structures Total 35 108 195 813 Source: AP Survey, May-June 2008 * 31affected land owners were absent
7. The impacts of the Subproject include the loss of a portion of land of each of 106 plots of 108 households with 813 people. Out of 12 structures from 17 households, 4 title holders’ households lose 1 residential and 3 residential cum business structures. There are five encroaching households i.e. one residential, three residential cum business and one
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 2 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road temporary kiosk affected. However altogether 8 tenants are residing in residential properties or in residential cum business household and will be affected by the road alignment. In other words 5 plots are plots with residential, residential cum commercial and temporary commercial structures from 17 households. None of the Common Property Resources (CPRs) will be affected.
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 the 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 the existing alignment is insufficient to meet the requirements of the new design. Specifically the land will be affected at Tilpung, Khimti, Manthali and Bhaluwajor VDCs of Ramechhap District. No land in Dolakha District will be affected. The extent of the land requirement for the Subproject comprises 8,041 sq. metres (0.8041 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. Out of the total of 12 structures from 17 households affected as a result of the Subproject, only one annex structure will incur significant impact on the main structure but the affected main structure does not require relocation, whereas the remaining structures will suffer loss of only frontage and an extended portion with no impact on the main structure. In case of temporary commercial structure/kiosks, an attempt will be made to shift them to the back of the RoW limit to minimize impact on incomes. The details of the type and extent of losses and the summary of discussions held with each of the affected groups is presented in Chapter 2 of the main text.
10. The updated RP is based on the detailed design. This updated RP is prepared for implementation purpose 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 Roads 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 the Subproject. The RP is based on the general findings of the Survey of affected households, 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 Tamakoshi - Manthali - Khurkot 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 household 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 Survey of affected households.
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 the 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 NGOs for implementation of the 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 day-to-day activities of the Resettlement Plan implementation. 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.
16. The IA will establish Subproject level Office for the sample road headed by officers with the rank of 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 the views of the affected people regarding compensation and relocation options.
17. 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 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, Land 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.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 4 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road
18. 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, every effort will be made to address the grievances at the local level in close consultation with the APs.
19. The estimated resettlement budget for the implementation of this RP is NRs. 11,583,424 (US$ 195,896 @ NRs 68 = 1 $US). 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 building.
F. MONITORING & EVALUATION
20. The RP will have both internal and external monitoring. Internal Monitoring will be a regular activity for the PIU and it will oversee the timely implementation of R&R activities through their Subproject 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. The 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 Tamakoshi - Manthali - Khurkot Road
1. THE PROJECT BACKGROUND
1.1. Project Description
21. The 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.
22. 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 RCSP1 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 (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 July 2008 Tamakoshi - Manthali - Khurkot Road
Figure 1.1 Map Showing the Sample Road
Road Connectivity Sector I Project (ADB Grant No. 0051 - NEP (SF)) 7 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road
23. This Resettlement Plan (RP) has been prepared for the improvement of the Tamakoshi-Manthali-Khurkot Road Subproject with a total length of 54.78 km. The major activities to be carried out under RCSP1 comprise (i) drainage improvement, (ii) minor realignment of the Subproject road, and (iii) pavement construction with sealing 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 meets the minimum geometric standards of the Feeder Road. The possibility of shifting 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 the least width in plan.
24. The Department of Roads (DoR) will be the primary agency responsible for Project implementation. In addition, the DoR will also be responsible for preparing Resettlement Plans (RP) for the subsequent Subprojects under the loan. This RP has been prepared for Tamakoshi - Manthali - Khurkot Subproject under the RCSP1. The brief description of this sample Subproject road is given in Table 1.1.
Table 1.1 Construction Details of the Tamakoshi – Manthali – Khurkot Subproject Length Districts Covered Construction Details (in kms) Additional roadside structures, slope protection works, bio- engineering works, Dolakha and 54.784 drainage/cross drainage Ramechap works, bridges, causeways,
pavement construction with bitumen sealing
Source: Detailed Design - May, 2008
1.2. Project Benefits and Impact
25. The major benefits anticipated from the Subproject construction would be in terms of connection of the Subproject districts to the southern plain of the country through the Banepa-Bardibas Highway (186 km). This augmented connectivity will bring significant increases in population and vehicle mobility in the Subproject districts along with opportunities for economic diversification and trade along the road. The population in the Subproject as well as adjoining districts will have immediate access to the southern Terai (plain) area up to the Indian border and as a result would contribute to the reduction in both travel time and cost. Based on the existing market situation and with the coming of the road, there is scope for commercial development at Kirne VDC of Dolakha District, located at 22+000 chainage, and at Manthali and Seleghat of Ramechhap District. By providing improved linkages to new markets, production centers, and facilitating the creation of new economic & employment opportunities the Subproject construction is anticipated to bring economic and social changes in the area, which in turn would bring economic prosperity and would lead to poverty alleviation.
26. The Subproject road traverses through the two Districts of Dolakha and Ramechhap and entails improvement and upgradation of about 54.784 km of road coming under Tamakoshi of Dolakha District to Seleghat (of Ramechhap District) so as to join with Khurkot Road in Sindhuli District located at the southern border of Ramechhap. A major portion of the existing road under the Subproject passes through mountain ranges along the bank of
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 8 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road the Tamakoshi River. The average existing width of the road is 5.5 to 6.0 m with passing zones at different intervals. The scope of widening the road is very limited, as almost all sections of the road traverse through the mountain range on one side and Tamakoshi River on the other side.
27. Out of a total 106 land parcels, lands plots without structures are 108 and with structures 5. The numbers of land parcels with the landowners in contact at the time of survey were 70 owned by 64 households. There are a total of 714 affected people in 95 titleholder households whereas 13 households were found to be encroaching and tenants. Hence there are a total of 813 affected persons in 108 households.
Table 1.2 Number of Affected Land Parcels Land Area to be Affected HHs Land Parcels Acquired (sq.m) Types of Affected Detailed Detailed Detailed Assets PPTA, PPTA, PPTA, Design, Design, Design, 2005 2005 2005 2008 2008 2008 Land only 60 - 65 - Land with Structures 4 35* 5 31 Land of Absentees 31 - 36 8041 486 Total HHs and Land 95 106 Parcels Source: AP Survey, May-June 2008 Note: *This figure is reported as number of households in PPTA resettlement report and not as the number of parcels. There is no record of number of land parcels with structures in the PPTA report.
28. Out of a total 106 plots, plot owners were identified in 70 parcels. Thirty one (31) plot owners from 36 parcel and 13 tenants and encroacher could not be met at the time of survey and taken as absentees. The numbers of plot owners of 70 parcels are 64. According to the survey data, a total of 108 households and 813 persons will be affected in this Subproject. The affected families and people (APs) are shown in Table 1.3.
Table 1.3 Affected Households and APs as a Result of Land Acquisition No. of Affected HHs No. of APs Detailed Detailed Type of Asset Affected PPTA, PPTA, Design, Design, 2005 2005 2008 2008 Land only - 60+31=91 - 683 Land with Residential Structures 13 1 60 8 Land with Residential cum 3 14 77 23 Commercial Structures Temporary Commercial 1 4 22 8 Structures(Encroach kiosk) Residential structure(Encroach) 1 8 Residential cum commercial 3 23 structure(Encroach) Tenants of Residential Structures 1 8 Tenants of Residential cum 7 4 22 52 Commercial Structures Employee working at residential - - 14 - cum commercial structures Total 35 108 195 813 Source: AP Survey, May-June 2008 * 31affected land owners were absentee
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29. Details of the affected structures including tenants in the Subproject are given in Table 1.4.
Table 1.4 Affected Households and Structures Total No of No of No of Total Types of No of structures affected affected Tenant affected affected structures HHs HHs HHs structures Encroach Titleholders 9 Residential cum 5 4 business Residential 1 1 2 9 8 17
Temporary kiosk 1 - 1
Total 7 5 12 Source: AP Survey, May-June 2008
30. The impacts of the Subproject include the loss of a portion of land of each of 106 plots of 108 households with 813 people. Out of 12 structures from 17 households, 4 title holders’ households loose 5 residential and residential cum business structures. Five encroaching households i.e. one residential, three residential cum business and one business kiosk will be affected. However, another 8 tenant households are residing in residential or in residential cum business houses and would be affected throughout the road alignment. In other words 5 plots are plots with residential, residential cum commercial, and temporary commercial structures of 17 households.
31. 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) and 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 Tilpung, Khimti, Manthali and Bhaluwajor VDCs of Ramechhap District. The extent of land requirement for the Subproject comprises of 8,041 sq. m (0.804 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.
32. Of a total of 12 structures from 17 households affected as a result of the Subproject, none of the structures will incur significant impact on the main structure whereas the remaining structures will suffer loss of only frontage and extended portion with no impact on the main structure. In case of temporary commercial structure/kiosks, an attempt will be made to shift them nearby other plots to minimize impact on incomes. The details of the types and extent of losses and the discussions held with each of the affected groups are presented in Chapter 2.
1.3. Objectives of the Resettlement Plan
33. 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
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 10 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road 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 survey of the 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; • 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.
1.4. Measures to Minimize Impact
34. 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 (113) affected as per the new detailed design has increased against the 31 number of affected estimated by the PPTA, 2005.
35. 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 12 structures against the 31 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.
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2. THE PROJECT AREA: SOCIO-ECONOMIC PROFILE
36. This chapter presents an overview of the Subproject area and an analysis of the impacts based on the Survey 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
37. The Subproject Road goes through the two Districts of Dolakha and Ramechhap and entails improvement of about 54.784 km of road from Tamakoshi of Dolakha District to Seleghat of Ramechhap District so as to join with Khurkot road of Sindhuli District. The latter is located at the southern border of Ramechhap District. A major portion of the existing Subproject Road passes through mountain range along the bank of the Tamakoshi River. The average existing width of the road is 5.50 to 6.0 m with passing zones at different intervals. The scope for widening the road is very limited, as almost all sections of the road traverse through the mountain range on one side and the Tamakoshi River on the other.
The Municipalities and VDCs coming under the Subproject Districts are provided in Box-1.
Box-1:
VDCs in Tamakoshi-Manthali-KhurkotSubproject
a. Dolakha District: Bhirkot, Namdu,Jafe, Melung and Shahare VDCs
b Ramechap District: Fulasi, Malu, Khimtil, Kathjor, Tilpung,Manthali and Bhaluwajor VDCs
38. The Subproject entails - (i) Upgrading 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.
39. Agriculture is the primary source of livelihood in the Subproject Districts with the majority of households engaged in it. In addition, a small proportion of the population is also engaged in commercial enterprises, such as dairy, vegetable production, fruit production, and small handicrafts to earn small cash income. Labor migration within the country, and to India and to other Gulf countries is also a key feature in the area. In terms of the social profile of the area, Brahmin, Chhetri, Newar, Majhi, Tamang are the major ethnic group residing in the Subproject area.
2.2 Socio-Demographic Profile
40. The average family size in the Subproject area determined through interviewed households is relatively high, i.e., 7.50 against the national average of 5.48.
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2.3 Economic Profile
41. 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. Dolakha and Ramechhap 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 such as vegetable production and fruit juice production. Maize and millet are the staple crops of these districts. Animal husbandry, dairy production and tourism are other major sources of income for these districts.
2.4 Survey of Affected Households
42. A Survey of the Subproject Affected Households was carried out along the road in the months of May and June, 2008. The Survey was carried out based upon the detailed design drawings prepared by the technical team. The affected families were interviewed in the Subproject corridor by using structured questionnaire and discussions with the APs and other local people.
43. 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 Survey. In this Subproject a total of 108 families’ properties were affected. These were either residential structures, residential cum commercial structures, loss of land, loss of tenancy or temporary kiosks. Of the 44 absentee families, 31 suffered from impacts on their land. 13 absentee families out of 64 households interviewed during the Survey are either encroachers or tenants.
44. The Summary of the total affected households and affected persons by the Subproject is presented in Table 2.1.
Table 2.1 Summary of Affected Households and Affected Families Subproject Total Affected Households Total Affected Persons
Tamakoshi-Manthali-Khurkot Road 108 813 Source: AP Survey, May – June 2008
45. Out of 64 interviewed affected households in the Subproject area, 26 were identified as ethnic/ indigenous people. In other occupational caste groups, Dalits were 2 and others including Brahman and Chhetris were 36 households. Based on the Affected Household Survey 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 2.2 provides the distribution of affected households by ethnic and caste group categories.
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Table 2.2 Affected Households by Ethnic and Caste Group Categories Affected Households No. of Affected HHs Percentage Type Janajati/ IPs including 26 41 Advanced IP Newar (3 hhs) Dalit 2 3 Other Caste Group 36 56 Total Reported 64 100 Absentee (31+13) 44 - Total 108 -
Source: AP Survey, May-June 2008
2.5 Social Profile of the Affected Households
2.5.1 Literacy and Education
46. Out of a total 64 interviewed affected households, 39 percent respondents comprised illiterates, followed by 25 percent functionally literate (can read and write) respondents. Remaining 36 percent comprised of a mixed group of those with primary, lower secondary, secondary, SLC level and above. Table 2.3 shows the literacy and educational status of the respondents of affected households.
Table 2.3 Educational Status of the Respondents of Affected Households Educational Status No. Percent Illiterate 25 39 Literate (can read and write) 16 25 Primary 2 3 Lower Secondary 2 3 Secondary 7 11 SLC 5 8 Above SLC 7 11 Total Reported 64 100 Not Known/Reported 44* - Total 108 Source: AP Survey, May – June 2008 * Absentee land owners, tenants and encroacher * 31 land absentees * 13 tenants and encroachers absentees
47. The male literacy status in the Subproject area was 56 whereas it was reported 44 percent in the case of female respondents. Table 2.4 provides the distribution of male / female literacy status in the Subproject area.
Table 2.4 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) 64 332 187 56 145 44 44* Source: AP Survey, May – June 2008
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2.5.2 Age Group of Household Population
48. With regard to average distribution of households by age group in the Subproject area, about 58 percent of the population comes under the category of 15 - 60 years age group. 31 percent are below 15 years of age and 11 percent above 60 years of age. Distribution of reported family members of the Subprojects by age group is given in Table 2.5.
Table 2.5 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 Members No. % No. % No. %
64 44* 480 151 31 278 58 51 11
Source: AP Survey, May – June 2008 * Absentee land owners, tenants and encroachers
2.6 Economic Profile
2.6.1 Occupational Background of the Households
49. The Survey findings 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 are agriculture with other livelihood support job 51%, followed by service pension 18%. Other sources include business 15% and wage labour 16%. Collectively, agriculture, including livestock, cottage industry and small business has been reported to be the main sources of income of all the affected households. There is some 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 2.6.
Table 2.6 Main Sources of Income of Interviewed Households Affected Households Reported Sources of Income In No. In Percentage Agriculture 6 9 Agriculture & Livestock 4 6 Agriculture & Cottage Industry 1 2 Agriculture & Wage Labor 1 2 Cottage Industry 6 9 Business 4 6 Rental of Commercial Structures & Service/ Pension 6 9 Service/ Pension 6 9 Wage Labor 10 16 Agriculture and Livestock 20 32 Total Affected Households 64 100 Source: AP Survey, May – June 2005
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50. Out of total 480 APs from 64 households, 258 persons are found to be economically active in the Subproject area. Among them 52% female reported being economically active against the male 48% indicating that the females in the Subproject area are also playing a prominent role in the income-generation sphere. Table 2.7 provides a breakdown of the economically active population of the Subproject area by sex. 58% of the population in the age group 15 – 60 was found to be economically active.
Table 2.7 Breakdown of Economically Active Population by Sex Total Number of Female Total Number of Male Total number of APs Involved in Income Involved in Income Involved in Income Generation Generation Generation No. Percent No. Percent No. Percent
125 48 133 52 258 100 Source: AP Survey, May – June 2008
2.6.2 Average Annual Income and Poverty Status
51. As an approach to assessing 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, the minimum per capita income required to secure above poverty level in the Subproject districts is NRs. 8,108.40. 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 7.50. According to this, the minimum household income to be above the poverty level in the Subproject area. was estimated to be NRs. 60,813
52. Based on this calculation, 20 households in the Subproject area were identified to be below Poverty Level (BPL) in terms of their average annual household income. Table 2.8 provides a breakdown of the affected households as per the average annual income range.
Table 2.8 Average Annual Income of the Affected Households (NRs) Affected Households Income Range In No. In Percent BPL (
53. In the Subproject area, of the 64 respondent households, 28 (44%) come under the ethnic/ indigenous/occupational caste group whereas other caste groups are 56%. Of the total IPs, 17% have been reported of falling Below Poverty Level (BPL). In other castes 14% are below poverty level. Table 2.9 provides breakdown on poverty status of the affected households by ethnic/indigenous/occupational and other caste groups.
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Table 2.9 Poverty Status by Ethnic/Indigenous & Other Caste Groups Affected Households Type Ethnic/Indigenous/ Affected Other Caste Groups Total Occupational Caste Groups Households Type Number Percent Number Percent Number Percent
BPL HHS 11 17 9 14 20 31
Above BPL HHs 17 27 27 42 44 69
Total 28 44 36 56 64 100
Not Reported - - - - 44* -
Total - - - - 108 Source: AP Survey, May-June 2008 * Absentee land owners, tenants and encroachers
54. The above table indicates that 19% of the affected households comprise of BPL households thereby necessitating assistance and appropriate measures for them.
2.6.3 Main Income Earners
55. In the Subproject area, both male and female were reported to be active earners of the affected households. Of the total interviewed 64 affected households, 75 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 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 2.10 presents distribution of main income earners according to sex.
Table 2.10 Main Earners in the Subproject Area Main Income Earners Equal Involvement Not Known of both Male & Total
Male Female Female HH HH HH Percent HH HH Percent Percent Percent Percent No. No. No. No. No. 12 19 4 6 48 75 - - 64 100 Source: AP Survey, May – June 2008
2.7 Gender Impacts of the Subproject
56. During the course of the social survey as well as the Survey of Affected Households, special attention was paid for women's participation to assess the impact of the Subproject on them. It is worthwhile to note that the Subproject Districts have a lower Gender Development Index (GDI) than the national average. Social analysis revealed that illiteracy, lack of ownership of property, lack of decision making authority, extensive involvement in household activities are some of the main features of female's socio-economic status in the Subproject area.
57. It was also pointed out that the main problem faced by women in the Subproject, particularly in the rural and remote area, is the difficulty in accessing immediate health care services during child bearing. As perceived by women as well as men, improvement of road
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 17 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Tamakoshi - Manthali - Khurkot Road will provide easy access to health facilities for them thereby reducing the related maternal and child health risks. Besides that, discussions among the women revealed that the Subproject, by improving transport facilities in their area, will also contribute to their mobility to nearby towns and villages for accessing socioeconomic facilities particularly for sale and purchase of goods as the majority of the women in the Subproject comprise of the main income earners in the family. Likewise they were also of the opinion that commencement of the Subproject may also provide them employment opportunity during the construction phase.
58. Some of the possible negative impacts of the Subproject as voiced by women comprised of (i) increased risk of accident as a result of speeding vehicles and (ii) heightened access of outsiders in the villages during construction phase thereby affecting women's mobility. The Subproject construction will have resettlement impacts on 3 female- headed households in the Subproject area.
2.8 Women's Work Participation
59. Women in the Subproject area were extensively involved in farming, cattle rearing 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 production, mobile trading and settled trading, operating tea and other small shops.
2.8.1 Mobility Pattern
60. 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 users 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.
2.8.2 Decision-making Status
61. The interactions and discussions held in the Subproject area revealed that in rural areas, women are usually given the responsibility to take some decisions in farming, trade and household affairs. But, the decisions need 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 numbers 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.
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2.8.3 Subproject's Impact on Women
62. One of the most important benefits as perceived by women with regard to the Subproject is that the improvement of the 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 travel time. Similarly, improvement of the road would provide opportunities to women engaged in small trade for selling and purchasing goods. Likewise, they were also of the opinion that commencement of the Subproject may also provide them employment opportunities during the construction phase.
63. 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 Survey results brought forth that the Subproject construction will affect 22 female headed households.
2.9 Types of Subproject Impacts and APs
64. A total of 108 households were identified to be affected by the Subproject. Out of the total affected households, 91 (84%) households will suffer loss of land, 4 (4%) households will incur impact on land with house and other structures and 13 (12%) households are tenants and encroachers (none titleholders). 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 into the road footprint. Details are given in the Table 2.11.
Table 2.11 Affected Households and APs Type of Asset Affected No. of Affected HHs No. of APs Detailed Detailed PPTA, PPTA, Design, Design, 2005 2005 2008 2008 Land only - 91 - 683 Land with residential structures 13 1 60 8 Land with residential cum commercial structures 14 3 77 23 Temporary commercial structures(encroach) 4 1 22 8 Residential Structure(Encroach) - 1 - 8 Residential cum commercial (encroach) - 3 - 23 Tenants of residential structures - 1 - 8 Tenants of residential cum commercial structures 4 7 22 52 Employee working at residential cum commercial - - 14 - structures Total 35 108 195 813 Source: AP Survey, May-June 2008
65. Of the total 108 affected families, interviews were carried out with 64 affected families during the Survey of Affected Households based on their assets inventory and effects. The remaining 44 families undergoing loss of land and structures including tenants were absentees.
66. The Subproject will improve the existing alignment for single lane traffic (within the existing road corridor). Despite the limited nature of the Subproject design, some structures will be affected in the Subproject sections.
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2.9.1 Impact on Socially Vulnerable Groups
67. Out of 64 interviewed affected households, a total of 48 households were identified as vulnerable in the Subproject area. (Includes numbers of households counted in 2 or more categories of vulnerability).The major vulnerability indicators in the Subproject area were dominance of households having elderly members and households below poverty level. Table 2.12 presents details on vulnerability categories of the Subproject
68. Although the Subproject has 20 BPL households, none of these households will undergo significant impact due to the Subproject in terms of loss of assets and income. However, there are two residential cum business structure possessed by two IP families and one temporary business hut possessed by other caste group under BPL which falls under above mentioned vulnerability category.
69. 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.
70. However, based on the government policy and ABD Guidelines; there was a focus on considering the ethnic/indigenous groups in the Project. The RP has made provisions for additional financial assistance to the vulnerable APs such as female headed households, elderly headed households, households having disabled family members and below poverty level @ NRs. 2,000 per family for a three months period as a transitional allowance to compensate for the likely affect due to the Subproject. The amount was estimated based on consultation made with such APs and local NGOs.
Table 2.12 Vulnerability Status of the APs of Affected Households PPTA, 2005 Detailed Design, 2008 Vulnerability Category No. %
Female Headed Households 3 5 - - - Having Disabled Members - 23 36 Having Elderly Members - 20 31 Below Poverty Level 24 2 3 Schedule Caste/Dalit (occupational caste groups) 2 - - Endangered and Minority IPs 3 48 75 Total Vulnerable Affected Households 29 16 25 Non Vulnerable households 6 64 100 Total reported 35 44 - Absentee* - Total In Affected households 35 108 -
Source: AP Survey, May – June 2005 and 2008 * Absentee land owners, tenants and encroachers
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2.10 Impact on Structures
71. As revealed by the Survey of Affected Households data, a total of two residential structures including one encroaching residence, and 9 residential cum commercial structure including 5 encroaching residential cum business , one encroaching simple hut will be affected by the Subproject construction. Moreover 8 families are residing as tenants in those affected structures. Hence, altogether 12 structures from 17 households will be affected. The following Table 2.13 provides details of the structures loss and type.
Table 2.13 Types of assets by loss and structure type Type of Asset No. of No. of Affected HHs No. of APs Affected Structures, Detailed Detailed PPTA(2005) Design, PPTA (2005) Design, (2008) (2008) Residential Structures 1 1 13 60 8
Residential cum 3 4 14 77 23 Commercial Structures Temporary 1 Commercial Structures 1 4 22 8 /Simple hut Residential 1 1 - - 8 Structure(encroach) Residential cum 5 3 - - 23 business(encroach) Tenants - 4 8 22 60
Total 12 35 17 181 130 Source: AP Survey, May – June 2008
2.11 Impact on Residential Structures
72. As revealed by Survey 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
73. In the Subproject area, one residential structure built in stone with tin roofing and another one made of wood with tin roofing will be affected. Table 2.14 provides a breakdown of affected structures by construction type.
Table 2.14 Types of Affected Residential Structures Affected Households Types of Structures Number Percent Mud-Mortar Stone Built with tin roof 1 50 Wooden with tin roof 1 50 Total 2 100 Source: AP Survey, May – June 2008
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2.11.2 Extent of Loss
74. As per Table 2.15 below, all (100%) residential structures are likely to loose the frontage/extended part and none of structures reported are likely to suffer impact on their main structures. However, of the total two structures, one owner is a titleholder and the other one is an encroacher.
Table 2.15 Extent of Loss of the Residential Structure Extent of Loss Extent of Loss In numbers In Percentage
Frontage / Extended Part 2 100
Main Structures 0 0
Total 2 100 Source: AP Survey , May – June 2008
75. Taking into account the extent of the 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 Survey on the various options of resettlement and rehabilitation based on which appropriate entitlements and provisions have been worked out in the Entitlement Matrix.
2.11.3 Extent of Loss of Residential Structures by Vulnerable Households
76. Out of 2 households loosing frontage, none of the structures has been reported to come under the vulnerability category in terms of Below Poverty Level (BPL) and ethnic minority groups. Table 2.16 shows the affected residential structures in terms of vulnerability category and extent of loss.
Table 2.16 Extent of Loss of Property by Vulnerable Households Ethnic and BPL Extent of Loss Non Vulnerable Households Total Households Main Structure 0 0 0
Fence Wall 0 0 0
Frontage 0 2 2
Total 0 2 2 Source: AP Survey, May – June 2008
2.11.4 Legal Ownership of the Residential Structures
77. Of the total 2 affected residential structures covered during the Survey, one reported having legal ownership to the affected assets. However one tenant is residing in the encroaching house on rent. Table 2.17 provides a breakdown of the ownership status of the affected residential structures.
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Table 2.17 Ownership Status of the Affected Residential Structures Ownership Status Total Number of Affected Households Ownership Type In Numbers Percent
Titleholders 1 50
Encroachers 1 50
Total 2 100% Source: AP Survey, May – June 2008
2.11.5 Relocation and Rehabilitation Measures for Residential Structures
78. During the Survey, discussions were also made with the affected about the options of relocating affected structure, if required. It is to be noted that not all of the affected residential structures would 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.
2.12 Residential cum Commercial Structures
79. The Survey identified structures in the Subproject area, 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 structures. A total of 10 such structures will be affected as a result of the Subproject construction. Out of ten structures, 9 structures are residential cum commercial, one is temporary kiosk. Moreover out of 9 residential cum commercial structure 4 structures are titleholders and remaining 5 structures are encroachers and another one is a simple hut also constructed on public land.
2.12.1 Construction Type of Affected Residential cum Commercial Structures
80. Out of 10 structures, 7 are stone built and 2 are made of wooden and one simple hut is bamboo frame structure with tin roofing. Table 2.18 provides the types of affected residential cum business structures.
Table 2.18 Construction Type of the Affected Structures Total Number of Affected Structure Type of Structure In No. In Percent Stone Built with tin roofing 7 70 Bamboo –Mud wall / wooden house 2 20 with tin roofing Simple bamboo hut with tin roofing 1 10 Total 10 100 Source: AP Survey, May – June 2008
2.12.2 Extent of Loss
81. None of the structures will have an impact on the main structure. Table 2.19 provides breakdown of the extent of loss of the affected residential cum commercial structures.
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Table 2.19 Extent of Loss of the Affected Structures Total Number of Affected Structure Type of Structure No. Percent Frontage/Extended Part 9 90 Main Structures 0 0 Simple hut with tin roofing(only business) 1 10 Total 10 100 Source: AP Survey, May – June 2005
2.12.3 Extent of Loss of Residential cum Commercial Structures by Vulnerable Households
82. Out of 10 structures, only 3 structures have been reported under the vulnerability category in terms of Below Poverty Level and ethnic minority. This number also includes one household having other caste group which falls under BPL.
Table 2.20 Extent of Loss of Property by Vulnerable Households Ethnic and BPL Extent of Loss Non Vulnerable Households Total Households Main Structure 0 0 0 Fence Wall 0 0 0 Frontage 3 7 10 Other 0 0 Total 3 7 10 Source: AP Survey, May – June 2008
2.12.4 Legal Ownership of the Affected Residential cum Commercial Structures
83. Out of the total 9 affected residential cum-commercial structures, 4 reported having legal titles and remaining 5 structures have found to be encroaching. However, one hut encroaching into the road footprint has been using business purpose only. Table 2.21 below provides details on the ownership status of affected residential cum business structures.
Table 2.21 Ownership Status of Affected Residential cum Business Structures Total Number of Affected Structures Ownership Type No. Percentage
Titleholders 4 40 Encroachers (including one temporary 6 60 kiosk) Total 10 100 Source: AP Survey, May – June 2005
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2.12.5 Relocation and Rehabilitation Measures
84. Based on the Survey data there are only 17 households (3 encroach residential cum business households, 1 encroach residential households, 3 titleholders residential cum commercial households, 1 titleholder residential households 1 encroach business hut and 8 tenants households from 12 structures) which will have impacts on their structures. Discussion with affected households brought forth that they need adequate compensation. However, among these 17 households, only 3 structures in Bhaluwajor, Manthali and Shahare VDC were reported to be owned by a BPL household. 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.
85. For the structure having temporary impact the RP has made assistance provisions for the temporary loss of business. For those needing shifting, the RP has made provision of shifting allowance. Likewise, provision of financial assistance has also been made for the loss of business due to Subproject impact on case to case basis.
2.12.6 Employees in the Residential cum Commercial Structure
86. No employee has been noted in the affected residential cum commercial structures.
2.13 Temporary Movable Kiosk
The Survey of affected households identified none of the households have temporary movable kiosks.
2.14 Loss of Land
87. Based upon the detailed design the Subproject will acquire 8041 sq.m of land. The designed road will utilize the existing road footprint. Only small strips of private land 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 2.22 provides details of the affected land plots in the Subproject.
Table 2.22 List of Affected Land in the Subproject District Total Land Area Number Land Area to be SN VDC of Affected % of Loss of Plots Acquired (sq.m) Plots (sq.m) 1 Khimti Ramechhap 9 34878.12 357 2 Tilpung Ramechhap 2 2566.4 75 3 Manthali Ramechhap 49 193048.80 2696 4 Bhaluwajor Ramechhap 46 226653.5 4913 Total 106 480240.8 8041 1.67 Source: AP Survey, May – June 2008
88. As indicated above in Table 2.22, the loss of land is only 1.67%. The area to be acquired comprises both cultivable and uncultivable land. It will not have any major impact on the income or livelihood of the particular households.
89. There are 16 fruit trees and 114 timber / fodder trees that need to be removed. Compensation for these trees will be made in accordance with the Entitlement Matrix.
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3 RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX
3.1 Introduction
90. 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.
91. The RP has been prepared based on the general findings of the Survey of affected households / 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).
3.2 Policy Framework: Review of National Policy and ADB Requirements
3.2.1 Legal Framework
I. GoN Laws and ADB Policy Requirements
92. 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.
93. Apart from the constitutional safeguards, the 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 Office, an Officer assigned by CDO, representative from District Development Committee (DDC) and 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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94. 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.
95. 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 Implementing Agency (IA) 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
96. While determining the compensation, the Committee has to consider the relevant acts and periodic guidelines of GoN. 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 the land plots 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 and Chief of District Land Revenue Office. In this process, the Committee issues circular or conducts 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. 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.
3.2.2 ADB Resettlement Policy
97. 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 Subproject. 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 Resettlement Plan. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses due to 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
98. 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.
99. 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 structures (but not for land) at Encroachers are not entitled for compensation 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 the CDO.
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3.4 Resettlement Principles & Assistance
100. 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 Subproject-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
101. 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
102. 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 Survey date i.e. June 2008.
103. 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
104. 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.
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105. 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 charges, as applicable under the relevant laws, incurred in the relocation and resource establishment will be borne by the DOR.
106. 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
107. 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
108. 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
109. 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 month income based on the nature of business and type of losses assessed on a case-to-
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case basis, plus shifting allowance on actual basis.
• APs, who are eligible (those who will have major loss on their employment due to the 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 a case to case basis.
3.6.5 Re-building / Restoration of Community Resources/Facilities
110. No community resources / facilities are affected by the Subproject.
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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 NGO tenants (Renters) alternative Any rental advance paid by the renters to the owner will be deducted from the arrangements 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 adverse impact spirit 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
111. 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
112. The public consultations were carried out in different stages during the resettlement surveys. In fact, since the beginning of the field reconnaissance survey to the period of Survey of affected households, 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 about the importance of Subproject with local people at different Khimti, Shahare, Tilpung, road and local peoples felt need for Subproject locations during Bhirkot,Manthali, Sukajor, Seleghat reconnaissance survey, social improvement survey and Survey of affected households.
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
113. 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
114. 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.
115. The detailed consultation matrix is provided in Table 4.2.
Table 4.2 Consultation Matrix Consultation Issues How was it addressed? - Subproject's impact on land - The Subproject has avoided land Location: Bhirkot acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 18 during detailed design Men: 23 - Provisions of compensations for - The Entitlement Matrix of Location:Namdu the affected assets at current Resettlement Plan has made provisions No. of Discussion:3 market value of compensations for the affected Women: 19 - Chances of shifting or changing assets and persons at replacement Men: 22 alignment costs
-Provisions of compensation to - The RP has made provisions of Location: Jafe the 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:13 made provisions for involving non- skilled and semiskilled labours during Subproject implementation - Options of compensations for The RP has made provision of Location: Melumg the affected residential structures compensating all residential and No. of Discussion: 2 and loss of businesses residential cum commercial structures Women: 13 to be affected by the project and Men: 29 assistance for loss of business.. - Subproject's impact on land - The Subproject has avoided land Location: Shahare acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 8 - Provisions of compensations for - The Entitlement Matrix of Men: 17 the affected assets at current Resettlement Plan has made provisions market value of compensations for the affected -Employment opportunity during assets at replacement costs construction - The RP has made provisions of - Options of compensations for compensation at the replacement costs the affected residential structures to the owners of affected plots and 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. - Subproject's impact on land - The Subproject has avoided land Location: Pulashi acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 20 - Provisions of compensations for - The Entitlement Matrix of Men: 15 the affected assets at current Resettlement Plan has made provisions market 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 compensation at the replacement costs the affected residential structures to the owners of affected plots and 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. - Subproject's impact on land - The Subproject has avoided land Location: acquisition acquisition by using the available road Khinti,Kathajor - Options of involving local people alignment No. of Discussion: 2 - Provisions of compensations for - The Entitlement Matrix of Women:1 5 the affected assets at current Resettlement Plan has made provisions Men: 20 market value of compensations for the affected -Employment opportunity during assets and persons at replacement construction costs - Options of compensations for - The RP has made provisions of the affected residential structures compensation at the replacement costs and 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 Subproject and assistance for loss of business.. - Subproject's impact on land - The Subproject has avoided land Location: Chisapani acquisition acquisition by using the available road No. of Discussion: 2 - Options of involving local people alignment Women: 23 - Provisions of compensations for - The Entitlement Matrix of Men: 32 the affected assets at current Resettlement Plan has made provisions market value of compensations for the affected -Employment opportunity during assets and persons at replacement construction costs - Options of compensations for - The RP has made provisions of the affected residential structures compensation at the replacement costs and 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. - Subproject's impact on land - The Subproject has avoided land Location: Tilpung, acquisition acquisition by using the available road Manthali,Bhaluwajor - Options of involving local people alignment No. of Discussion: 1 - Provisions of compensations for the - The Entitlement Matrix of Women: 8 affected assets at current market Resettlement Plan has made provisions Men: 15 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
116. 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
117. 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.
121. 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
118. 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 the central level whereas there will be a Subproject Office at implementation level. The 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)
119. 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
120. 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. 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.
121. The IA will establish Subproject offices/ field offices for the Subproject headed by Project Manager (PM) with an officer with the rank of 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.
122. The SRS through the Subproject offices / field office, Subproject level committee, Chief District Officer of the respective district and Subproject 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, Land Revenue Department officials and NGO staff will undergo a week-long orientation and training in resettlement policy and
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Figure 5.1 Institutional Framework for Resettlement Activities
Implementing Agency
Grievance Redress Committee
Subproject Affected Families and Subproject Affected Peoples
123. 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. 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 the 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.
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5.3 Non-Government Organizations (NGOs)
124. 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
125. 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.
5.3.2 Grievance Redress Committee (GRC)
126. 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.
127. 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
128. 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.
129. 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 Court while investigating in the matter of such grievances;
130. 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;
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• 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.
131. 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)
132. 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
133. 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.
134. 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.
135. 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.
136. 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 land acquisition and resettlement activities mentioned in the Land Acquisition Act 2034 (1977). The detailed schedule of RP has been prepared based on the timeframe as given in the PWD. The overall land acquisition and resettlement implementation schedule and the stepwise land acquisition process according to Land Acquisition Act 2034 (1977) and Public Works Directives (PWD). The detail schedule is presented in page 53.
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5.6 Staff Training in Resettlement Implementation
137. All the staff at PIU, GEU and in central level offices involved in land acquisition and resettlement activities 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; (e) Resettlement data-base management and (f) Monitoring of resettlement operations.
5.7 Resettlement Databank
138. 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
139. 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 is based on consultation with APs. Hence, it could be changed after CFC decision.
140. 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.
5.8.1 Basis Taken for Estimating Land Cost
141. 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 Subproject 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
142. 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
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(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 structures are included as Annex 1 and are based on discussions with local authorities and local people.
5.9 Cost Calculation
143. 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 Subproject 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.
144. 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 the Survey of affected households, • Collection of minimum land revenue rate fixed by the Land Offices of respective districts for land transactions during Survey of affected households, and • Collection of recent updated rate from the Department of Urban Development and Housing to determine compensation of structures.
145. The affected land area and estimated cost are as follows:
Area of land to be Unit rate Per Total cost of SN Name of VDC Parcel no acquired(Sq m) Sq m (NRs) Compensation(NRs) 1 Khimti 9 357 1,093 390,201 2 Tilpung 2 75 781 58,575 3 Manthali 49 2,696 1,406 3,790,576 4 Bahluwajor 46 4,913 937 4,603,481 Total 106 8,041 8,842,833 Source: Consultants Estimate
146. While estimating compensation rate for the affected buildings and structures, all affected structures/buildings were categorized according to the type of structures. The major category comprised of –
Frame structure Cement mortar RCC/RBC structure
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Mud mortar RCC/RBC structure/ Cement mortar with CGI roofed Mud mortar with CGI roofed Temporary structure
147. 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.
148. Besides, other resettlement assistance in terms of relocation cost, shifting cost, transitional allowance etc. were estimated based on social consultation, and past projects experiences taking into account the local market rates. Table 5.1 provides the breakdown of the resettlement and rehabilitation cost estimate for the Subproject.
Table 5.1 Resettlement Cost Estimate (Tamakoshi-Manthali-Khurkot Subproject) Total Unit Cost Qty Amount S.N Descriptions (NRs/sq.m) (Sq. m NRs. /No.)
1 Compensation for land* 8041 10,519,360
2 Compensation for structures 12 660,000
3 Compensation for trees 13,064
4 Compensation for fruit trees 12,000
Assistance to Alternative premises to affected 5 2,000 0 0 business having major effect Shifting cost for residential and residential cum 6 3,000 10 30,000 commercial structures
7 Shifting allowances for temporary kiosks 1,000 1 1,000
Livelihood enhancement allowance to the families 8 10,000 3 30,000 loosing more than 10 percent of their plot Economic rehabilitation grant for the owner of 3 9 10,000 3 30,000 residential cum commercial structures 2,000 10 Additional assistance to vulnerable APs 48 288,000 (3 months)
11 Total 11,583,424
12 Contingency 15 % 1,737,514
13 Total Compensation Cost (NRs) 13,320,938
14 US$ @ 68 195,896
Source: Consultants Estimate
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6 MONITORING AND EVALUATION
6.1 Need for Monitoring
149. 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
150. 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
151. 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.
152. 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.
153. The SRS through its resettlement team will be required to submit reports on a monthly basis documenting the progress of resettlement implementation.
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154. Subproject offices / field offices will be responsible for monitoring the day-to-day resettlement activities of the Subproject. Baseline, socio-economic, Survey of affected households and land acquisition data provide the necessary benchmark for field level monitoring. Field level monitoring will be carried out through:
• Review of 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.
155. 140. 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
156. 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 have 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.
157. 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.
158. 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
159. 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
160. 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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Annexes
Annex 2
Typical Cross Sections
Annex 3
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 4
ToR for NGOs 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
Tamakoshi-Manthali-Khurkot 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 Tamakoshi-Manthali-Khurkot 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 Tamakoshi-Manthali-Khurkot 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 Tamakoshi-Manthali-Khurkot 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
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• 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.
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• 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
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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 Tamakoshi-Manthali-Khurkot 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.
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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 Tamakoshi-Manthali-Khurkot 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 5
Schedule for Land Acquisition
RCSP ADB Grant 0051-NEP (SF) Draft Schedule of Land Acquisition and Compensation Based on Land Acquisition 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 Acquisition 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