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Combined Resettlement and Indigenous Peoples Plan NEPAL

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Combined Resettlement and Indigenous Peoples Plan NEPAL Regional Urban Development Project (RRP NEP 47252) Combined Resettlement and Indigenous Peoples Plan August 2017 NEPAL: Regional Urban Development Project Construction of Integrated Waste Processing Sites (IWPS) Subproject in Dhangadhi Municipality Prepared by the Project Coordination Office, Department of Urban Development Building and Construction, Ministry of Urban Development, Government of Nepal for the Asian Development Bank. This Combined Resettlement and Indigenous People Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area CURRENCY EQUIVALENTS (as of 16 August 2017) Currency unit – Nepalese Rupee/s (NRe/NRs) NRs 1.00 – $ 0.0097477 $1.00 – NRs102.588 ABBREVIATIONS ADB – Asian Development Bank BPL – Below Poverty Level CBO – Community Based Organizations CDC – Compensation Determination Committee CDO – Chief District Officer CFC – Compensation Fixation Committee CPR – Community Property Resource DDC – District Development Committee DOR – Department of Roads DSC – Design and Supervision Consultants DUDBC – Department of Urban Development and Building Construction GON – Government of Nepal GRC – Grievance Redress Committee HA – Hectares LAA – Land Acquisition Act MoPPW – Ministry of Physical Planning and Works NGO – Non-Government Organizations NRs – Nepalese Rupees PCO – Project Coordination Office PIU – Project Implementation Unit PCO – Project Coordination Office PMSC – Project Management and Support Consultant PLI – Poverty Level Income PPTA – Project Preparatory Technical Assistance PSA – Poverty and Social Assessment RP/IPP – Resettlement Plan R-PIU – Regional Project Implementation Unit R&R – Resettlement and Rehabilitation TA – Technical Assistance ToR – Terms of Reference WHH – Women Headed Households VDC – Village Development Committee WEIGHTS AND MEASURES Sq.m – Square meter cum – Cubic meter Km – kilometer mm – Millimeter GLOSSARY OF NEPALI TERMS Ropani – Size of land parcel; 1 ropani= 16 anna (0.509ha)-508.72 sq.m Anna – Size of land parcel; 1 anna= 4 paisa (0.0509ha) Paisa – Size of land parcel; 1 paisa= 4 dam = 31.80 sq.m Dam – Size of land parcel; 1 dam= 1.99 sq.m Bigha – Size of land parcel; 1 bigha= 20 katha (0.678ha) Crore – 10 million (= 100lakh) Dhur – Size of land parcel; 1dhur= 0.0017ha Katha – Size of land parcel; 1 katha= 20 paisa (0.0339ha) Kucchi – Temporary structure e.g a rural hut made of wood, bamboo or stone with Mud mortar and a thatched roof Lakh, lac – 100,000 Pukka – Structure (house/ building) with permanent roofing made of RCC/ RBC Semi- – House or building made of stone with mud mortar and clay, timber, slate or pukka corrugated iron roofing Glossary of Terms Affected Person. In the context of involuntary resettlement, displaced persons are those who displaced physically (relocation, loss of residential land, or loss of shelter) and/or economically (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas; (iii).or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily Census. Census is 100% enumeration of affected persons and to document the socioeconomic status of potentially affected persons within the project footprint. The census will provide a demographic overview of the population, households' assets, source of incomes, and means of livelihood. Compensation Determination Committee (CDC). The committee established as per Land Acquisition Act 2034 (1977) for the determination of compensation rate. Compensation. Payment in cash or in kind in lieu of acquisition of an asset or a resource that is acquired or affected by a project. Cut-off date. The completion date of the census that establishes the eligibility for receiving compensation and resettlement assistance by the project affected persons. For land, the cut-of date will be the date of notice published by the CDC. Dalits. The group of people defined and recognized by National Dalit Commission. The word is usually designated for a group of people belonging to the lower castes, many of whom are traditionally regarded as 'untouchable'. Grievance Redress Committee (GRC).The committee established under the projects to document, hear, and resolve the project related grievances/concerns. Indigenous peoples. The ethnic groups and communities having distinct social and cultural characteristics such as distinct language/mother tongue, traditional customs, cultural identity, social structure from those of dominant populations and culture. The National Foundation for Upliftment of Aadibasi/Janjati Act, 2058 (2002) has identified 59 groups as Adivasi/Janajati (or indigenous peoples or nationalities) in Nepal. Land acquisition. The approaches (voluntary offer, negotiation, inter-agencies transfer, and expropriation) adopted to acquire land for the project components. Rehabilitation. The allowances/assistance provided as described in the resettlement plan other than compensation of the acquired property. Relocation. Physical relocation of APs permanently from their shelter. Replacement cost. The sum of market value of the affected assets plus any transaction costs such as administrative charges, taxes, registration, and titling costs to replace the affected assets. Restoration. All the measures taken to mitigate all or any adverse impacts of the project on the APs' property and/or livelihoods including enhancement measures. Severely affected households. The affected households (i) losing 10% or more of their total productive assets and/or income sources; (ii) requiring relocation due to the Project. Socio-economic survey. The survey conducted to establish monitoring and evaluation parameters and establish a benchmark of socioeconomic status of Aps. Vulnerable group. The vulnerable are individuals or groups who may experience differential adverse impacts from the proposed project more severely than dominant population because of their unique and inherit socioeconomic characteristics. Typically, those households falling below poverty line1, the landless, household members with disability, female headed households, single women, households having elderly (Jestha Nagarik) and children, dalits, indigenous peoples and those without legal title to land. 1 NPR 19,262 person/year (source: Nepal Living Standards Survey 2010/2011)) i.e. an inflation-adjusted figure of NPR 23,307 per person per annum in 2014 Contents Page EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 II. SCOPE OF LAND ACQUISTION AND RESETTLEMENT IMPACTS 4 A. Beneficial Impact of IWPS 4 B. Summary of Negative Impacts 4 C. Scope of Land Acquisition 4 D. Loss of Crops and Perennial Plants 5 E. Impact on Private and Community Structures 6 F. Impact on Socially Vulnerable Groups 6 G. Impact on Indigenous Peoples 6 H. Impact Category of the Subproject 8 III. SOCIOECONOMIC INFORMATION AND PROFILE 8 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 16 A. Community & Stakeholder Consultations 16 B. Information Disclosure and Dissemination 17 C. Future Consultations and Participation 17 V. GRIEVANCE REDRESS MECHANISMS 19 VI. LEGAL FRAMEWORK 21 A. The Constitution 21 B. Land Acquisition Act, 2034 (1977) 21 C. Land Reform Act 2021 (1964) 22 D. Local Self-Governance Act, 1999 22 E. Land Acquisition, Rehabilitation and Resettlement Policy (LARRP) of 2015 23 F. Policies and Act related to Indigenous Peoples 24 G. ADB Resettlement Policy 25 H. ADB’s Policy on Indigenous Peoples (SPS 2009) 26 I. Measures for Bridging Gaps between ADB and Government of Nepal Policies 26 VII. ENTITLEMENT, ASSISTANCE AND BENEFITS 28 A. Entitlement Policy 28 B. Entitlement Matrix 28 VIII. COMPENSATION & INCOME RESTORATION MEASURES 51 A. Compensation 51 B. Income Restoration Measures 51 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 52 A. Cost for Land Acquisition 52 B. Cost for Private Structures 53 C. Cost of Loss of Crops and Perennial Plants 53 D. Cost of Rehabilitation Allowances 54 E. Additional Assistance to the Vulnerable Groups 55 F. CRIPP Implementation and Management Cost 55 G. Contingencies 56 H. Total Cost Estimate 56 I. Financing Plan 56 X. INSTITUTIONAL ARRANGEMENTS 56 XI. IMPLEMENTATION SCHEDULE 58 XII. MONITORING AND REPORTING 58 List of Annexures 1. Distribution of Surveyed Households by Size of Total landholding and Loss of Lands due to Project 2. List of Project Affected Land Parcel Owners Identified until January 20, 2017 3. Productivity of Affected Land for Rice Cultivation (MT/ha) 4. Productivity of Affected Land for Wheat Cultivation (MT/ha) 5. Loss of Trees of the Surveyed Households by Species and Total Gross and Actual Loss 6. Total Volume of Timber/ Firewood Loss of the Surveyed HHs 7. Distribution of Surveyed HHs by their Annual Per Capita Incomes, and their Vulnerability Status 8. Meeting Minutes and Attendance of the Participants of the Consultations Conduced with Project Affected People and Stakeholders 9. List of Individual Consulted during RIPP Preparation 10. Methodology Used to Prepare
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