Resettlement Planning Document
Resettlement Plan for Phidim–Taplejung 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 Phidim - Taplejung Road
TABLE OF CONTENTS
Executive Summary...... 1
A. Description of the Project ...... 1 B. Project Area and Impacts ...... 1 C. Resettlement Principles and Policy Framework ...... 2 D. Stakeholders' Participation and Disclosure of RP...... 3 E. Implementation Framework and Budget...... 3 F. Monitoring & Evaluation...... 4 1. THE PROJECT BACKGROUND ...... 5 1.1. PROJECT DESCRIPTION...... 5 1.2. PROJECT BENEFITS AND IMPACTS...... 7 1.3. MEASURES TO MINIMIZE IMPACT ...... 9 1.4. OBJECTIVE OF THE RESETTLEMENT PLAN ...... 9 2. THE PROJECT AREA: SOCIO-ECONOMIC PROFILE AND SURVEY...... 10 2.1 THE PROJECT AREA...... 10 2.2 SOCIO-DEMOGRAPHIC PROFILE ...... 10 2.3 ECONOMIC PROFILE ...... 11 2.4 POVERTY STATUS...... 11 2.5 AFFECTED PERSONS SURVEY...... 11 2.6 SOCIAL PROFILE OF THE AFFECTED HOUSEHOLDS ...... 12 2.6.1 Literacy and Education ...... 12 2.6.2 Average Age Group ...... 14 2.7 ECONOMIC PROFILE ...... 14 2.7.1 Occupational Background of the Households ...... 14 2.7.2 Average Annual Income and Poverty Status...... 15 2.7.3 Main Income Earners...... 16 2.8 GENDER IMPACTS OF THE SUBPROJECT ...... 16 2.8.1 Gender Status ...... 17 2.8.2 Education Status of Women...... 17 2.8.3 Ownership of Property ...... 17 2.8.4 Women's Work Participation ...... 18 2.8.5 Mobility Pattern...... 18 2.8.6 Decision Making Status...... 18 2.8.7 Subproject's Impact on Women...... 19 2.9 TYPES OF PROJECT IMPACTS AND APS ...... 19 2.9.1 Impact on Socially Vulnerable Groups...... 20 2.10 IMPACT ON RESIDENTIAL STRUCTURES ...... 21 2.10.1 Construction Type of Affected Residential Structure ...... 21 2.10.2 Extent of Loss...... 21 2.10.3 Extent of Loss of Residential Structures by Vulnerable Households ...... 21 2.10.4 Legal Ownership of the Residential Structures ...... 21 2.10.5 Relocation and Rehabilitation Measures for Residential Structures...... 22 2.11 RESIDENTIAL CUM COMMERCIAL STRUCTURES ...... 22 2.11.1 Construction Type of Affected Residential cum Commercial Structures...... 22 2.11.2 Extent of Loss...... 22 2.11.3 Extent of Loss by Vulnerable Households ...... 22 2.11.4 Legal Ownership of the Affected Residential cum Commercial Structures ...... 22 2.11.5 Relocation and Rehabilitation Measures...... 23 2.11.6 Loss of Land...... 23 2.12 COMMON PROPERTY RESOURCES ...... 24 3 RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX...... 25 3.1 INTRODUCTION...... 25 3.2 POLICY FRAMEWORK: REVIEW OF NATIONAL POLICY AND ADB REQUIREMENTS ...... 25 3.2.1 Legal Framework ...... 25
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) i Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
3.2.2 Current Resettlement Practice in Nepal ...... 26 3.2.3 ADB Resettlement Policy...... 26 3.3 DIFFERENCE BETWEEN ADB POLICY ON RESETTLEMENT AND GON LEGAL FRAMEWORK...... 27 3.4 RESETTLEMENT PRINCIPLES & ASSISTANCE ...... 28 3.5 ACQUISITION OF LAND/PROPERTIES AND VALUATION...... 28 3.5.1 Disposal of Acquired Properties...... 28 3.6 THE ENTITLEMENT MATRIX...... 29 3.6.1 Compensation for Loss of Land ...... 29 3.6.2 Compensation for Structures (residential/ residential-cum-commercial) and Other Immovable Assets30 3.6.3 Assistance for Tenants...... 30 3.6.4 Income Restoration Assistance ...... 31 3.6.5 Re-building / Restoration of Community Resources/Facilities ...... 31 4 CONSULTATION AND STAKEHOLDER PARTICIPATION ...... 35 4.1 INTRODUCTION...... 35 4.2 METHODS OF PUBLIC CONSULTATION...... 35 4.3 CONSULTATION – SCOPE AND ISSUES ...... 36 4.3.1 Scope of Consultation...... 36 4.3.2 Feedback from the Consultations...... 36 4.4 DISCLOSURE OF RP ...... 37 4.5 PLANS FOR FUTURE CONSULTATION & COMMUNITY PARTICIPATION DURING PROJECT IMPLEMENTATION ...... 38 5 IMPLEMENTATION FRAMEWORK AND BUDGET...... 39 5.1 INSTITUTIONAL SETUP ...... 39 5.2 PROJECT IMPLEMENTATION UNIT (PIU)...... 39 5.2.1 Roles and Responsibilities...... 39 5.3 NON-GOVERNMENT ORGANIZATIONS (NGOS) ...... 41 5.3.1 Role and Responsibilities ...... 41 5.4 GRIEVANCE REDRESS COMMITTEE (GRC)...... 41 5.4.1 Role and Responsibilities ...... 41 5.5 DESIGN SUPERVISION CONSULTANT (DSC) ...... 42 5.6 RESETTLEMENT IMPLEMENTATION SCHEDULE...... 42 5.7 STAFF TRAINING IN RESETTLEMENT IMPLEMENTATION...... 43 5.8 RESETTLEMENT DATABANK ...... 43 5.9 COST ESTIMATE AND BUDGET ...... 43 5.9.1 Basis Taken for Estimating Land Cost...... 44 5.9.2 Basis Taken for Estimating Structure Cost...... 44 5.10 COST CALCULATION ...... 44 6 MONITORING AND EVALUATION ...... 46 6.1 NEED FOR MONITORING...... 46 6.2 TYPES OF MONITORING...... 46 6.2.1 Internal Monitoring...... 46 6.2.2 Second Tier Monitoring: External or Independent Monitoring...... 47 6.3 STAGES OF MONITORING ...... 48 6.4 REPORTING REQUIREMENTS ...... 48
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) ii Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
List of Tables
Table 1 Construction Details of the Subproject...... 1 Table 2 Affected Households and APs in Phidim-Taplejung Subproject ...... 2 Table 1.1 Construction Details of the Subproject...... 7 Table 1.2 Number of Affected Land Parcels ...... 8 Table 1.3 Affected Households, AP’s and Type of Affected Assets ...... 8 Table 2.1 Social-Demographic Profile of the Project Area Districts...... 11 Table 2.2 Development Indicators of the Subproject Area Districts...... 11 Table 2.3 Summary of the Affected Households and Affected Families...... 12 Table 2.4 Affected Households by Ethnic and Caste Group Categories ...... 12 Table 2.5 Educational Status of Affected Respondents...... 13 Table 2.6 Literacy Status of the Respondents by Caste and Ethnic Groups Affected...... 13 Table 2.7 Literacy Status of Affected Households Respondents...... 13 Table 2.8 Average Age Group in the Subproject Area...... 14 Table 2.9 Main Sources of Income of Interviewed Households Sources of Income...... 14 Table 2.10 Breakdown of Economically Active Population by Sex ...... 15 Table 2.11 Average Annual Income of the Affected Households (in NRs.) ...... 15 Table 2.12 Poverty Status by Ethnic/Indigenous and Other Caste Groups ...... 16 Table 2.13 Main Income Earners...... 16 Table 2.14 Gender Development Index (GDI) in Project Area Districts...... 17 Table 2.15 Illiteracy Rate in the Subproject Districts ...... 17 Table 2.16 Households with Women’s Ownership of Various Property Types...... 18 Table 2.17 Affected Households and AP’s by Type of Loss ...... 19 Table 2.18 Vulnerability Status of the Affected Households Vulnerability Category...... 20 Table 2.19 Construction Type of Affected Residential Structures ...... 21 Table 2.20 Ownership Status of Affected Residential cum Business Structures...... 23 Table 2.21 List of Affected Land ...... 23 Table 3.1 Some Difference between ADB Policy and GON Legal Framework...... 27 Table 3.2 Entitlement Matrix ...... 32 Table 4.1 Methods Employed During the Course of Consultations ...... 35 Table 4.2 Consultation Matrix ...... 37 Table 5.1 Resettlement Budget and Cost Estimate ...... 45
List of Maps and Figures
Figure 1.1 Location Map ...... 6 Figure 5.1 Institutional Framework for Resettlement Activities ...... 40
List of Annexes
Annex 1 Typical Cross Sections Annex 2 Indigenous Population in Nepal Annex 3 ToR for NGO 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 Phidim - Taplejung Road
Glossary of Terms
Chief District Officer Chief Administrative of the District having overall responsibilities of looking after the District administration and law and security.
Dalit (Schedule Caste Group) Dalit is commonly known as untouchable in Nepalese society. They are from the so called lowest caste in the Hindu caste hierarchy. Basically, they belong to occupational and artisan group. Dalit Commission has defined dalit as, “the community discriminated on the basis of caste and marginalized in terms of social, economic, educational, political and religious sectors.” The Dalit caste has further been divided into different groupings in accordance with the type of work the groups are limited 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 secondary nature in the hierarchy of the road networks in Nepal.
Janajati (Ethnic/Indigenous People) In Nepal, nationalities/tribal people are also called ethnic groups or indigenous ethnic groups because these groups are outside of the hierarchical caste structure. Basically, Nepal’s indigenous population consists of two major groups, the Indo-Nepalese, whose ancestors migrated into the country from the south and the Tibeto-Nepalese, whose ancestors entered Nepal from the north. Although intermingling between the two groups has occurred, cultural, linguistic, and religious differences exist both between and within the two groups. Differences within the Indo- Nepalese grouped are marked more by caste (a system of social hierarchy) than by ethnicity. The Tibeto- Nepalese group comprises several different ethnic groups including Bhutia,
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) a Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
Sherpa, Gurung, Magar, Tamang, Rai, and Limbu people. Basically, the Tibeto-Nepalese are concentrated in the hill and mountain areas and the Indo-Nepalese are concentrated in the Terai plain and 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 and nationalities population and come under the caste of tribal group defined as indigenous and nationalities population.
Land Acquisition and Compensation The Committee to be formed under the Fixation Committee chairmanship of 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 Strengthening of Project Implementation Practices. The PWD are intended for use of GON agencies in the implementation of central-level projects and district- level projects carried out by the regional/divisional/district offices of GON. The PWD also incorporate procedures and procurement documents for implementing small projects. Thus local bodies may benefit from adopting many of the contents of the PWD.
Vikram Sambat (V.S.) Name of year followed as national year in Nepal. VS is approximately 57 years ahead.
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 Phidim - Taplejung 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 DDC District Development Committees DHQ District Headquarters DoR Department of Road DSC Design Supervision Consultants EA Executing Agency GDI Gender Development Index GESU Geo-environment Social Unit GoN Government of Nepal GRC Grievance Redress Committee HDI Human Development Index HHs Households HPI Human Poverty Index IA Implementing Agency Km Kilometers LACFC Land Acquisition and Compensation Fixation Committee IR Involuntary Resettlement MRM Midterm Review Meeting NGO 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 Reinforced Brick Concrete RCC Reinforced Cement Concrete RCSP1 Road Connectivity Sector I Project RNDP Road Network Development Project RP Resettlement Plan SLC School Leaving Certificate SLCs Subproject Level Committees Sq.m. Square Meters SRN Strategic Road Networks SRS Social / Resettlement Specialist ToR Terms of Reference VDC Village Development Committee Yrs Years
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) c Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung 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 development of Strategic Road Networks (SRN).The implementing strategies of the Plan include all weather road connection to the District Headquarters (DHQ) and provision of road linkages from the DHQ to the adjacent road network of the neighboring counties. 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 construct feeder roads and strategic roads connecting north to south.
2. The proposed Project to be 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 RCSP1 Project Preparation Technical Assistance (PPTA) which will be used as ‘model’ for project preparation for the remainder of the alignments. These three sample Subproject roads comprise of namely (i) Galchhi –Trishuli -Syaphrubesi (ii) Tamakoshi-Manthali-Khurkot and (iii) Phidim -Taplejung. The Department of Roads (DoR) 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 Phidim-Taplejung Subproject under the RCSP1. The brief description of the sample road is given in Table 1.
Table 1 Construction Details of the Subproject Length Districts Covered Construction Details (kms)
Additional roadside structures, slope protection works, Phidim and Taplejung 83.024 bioengineering works, drainage / cross drainage works, pavement construction with DBST sealing
Source: Preliminary Technical Design - June, 2008
B. PROJECT AREA AND IMPACTS
3. The Subproject road passes through the two Districts; namely Panchthar and Taplejung. It will link Kakarbhitta in the East and Mahendranagar in the Far West. One of the direct impacts of the Subproject is the increase in mobility between these areas leading to greater prospects for trade, business and employment. It is anticipated that the implementation of the subproject may bring several positive impacts on the socio-economic scenario of the project districts thereby contributing towards poverty reduction in the area.
4. Based on the Affected Persons Survey data, it is estimated that a total of 68 households with a population of 456 persons will be affected as a result of the Project construction. Altogether 3031.28 sq.m. of land will be acquired for the Subproject. Table 2 provides information on the affected households in the Sub-project area. As envisaged by detailed design drawings and survey, the nature of resettlement impacts in the subproject include (i) Residential Structures (ii) Residential cum Commercial Structures (iii) other temporary impacts like loss of tenancy and loss of business.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 1 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
Table 2 Affected Households and APs in Phidim-Taplejung Subproject Total Number of Total Number of Affected Affected Households Persons Type of Affected Assets
Detailed PPTA PPTA Detailed Design Design Land only - 45 - 301 Residential Structures 17 1 90 7 Residential cum Commercial Structures 15 1 90 7 Temporary Movable Commercial Kiosks 9 0 54 - Tenants of Residential Structures 6 0 36 - Tenants of Residential cum Commercial 2 1 6 14 Structures (absentee) Absentee’s Land - 19 - 127 Total 48 68 276 456 Source: Affected Persons Survey, May-June 2008
5. The structures affected as a result of the project will mainly suffer loss of frontage and house extensions. Discussions were undertaken with these affected households, wherein they expressed the willingness to adjust and restore their structures on their own, in most cases in their remaining land if they are given fair and adequate compensation for their loss.
6. The Affected Persons Survey identified affected households that will undergo insignificant loss of their productive assets or will lose their income source as a result of the project construction. All the income related losses arising out of the project are temporary in nature and will be compensated for under the RP as per the Entitlement Matrix.
7. The updated RP is based on detailed design. This updated RP is prepared for implementation purposes by the Implementing Agency (IA). The ADB will need to approve this report prior to award the contract.
C. RESETTLEMENT PRINCIPLES AND POLICY FRAMEWORK
8. The resettlement principles adopted for this Project recognize the Land Acquisition Act, 2034 (1977) and the requirements of the Asian Development Bank (ADB) policy on Involuntary Resettlement. In addition to the Land Acquisition Act, 2034 (1977) there are also other relevant acts, like Public Road Act, 2031 (1974) and other guidelines, policies and plans related to land acquisition and resettlement for roads which were also reviewed while preparing this RP.
9. The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses of the Subproject. The RP is based on the general findings of the Affected Persons Survey, Baseline Social Survey, field visits, and meetings with various project-affected persons in the Subproject area. The resettlement principles were adopted to establish eligibility and provisions for all types of project 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 project corridor of impact.
10. 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
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 2 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road 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.
D. STAKEHOLDERS' PARTICIPATION AND DISCLOSURE OF RP
11. Local level stakeholders were consulted at different sections of the sample Subproject road while conducting social and poverty assessment and social impact assessment. Similarly, due consideration was also given to stakeholder consultations and community participation at different levels in the process of preparing this Resettlement Plan. Interactions with the local people were carried out during field reconnaissance surveys and Baseline Social Survey in different sections of the Subproject. Local people's awareness about the project, their perceptions as to the advantages and disadvantages of the project as well as their suggestions for successful implementation of the project were some of the major themes of discussion in the consultations. Likewise, consultations were also carried out within the Affected Households about the project's activities and likely resettlement impact
12. A summary Resettlement Plan (RP) has been translated into Nepali and made available to the affected people by Department of Roads (DoR) through respective District Development Committees (DDCs). The Implementing Agency (IA) will further conduct public consultation during the implementation of RP throughout the project implementation period. The approved RP will also be disclosed on the ADB website.
E. IMPLEMENTATION FRAMEWORK AND BUDGET
13. The Ministry of Physical Planning and Work (MoPPW) will be the Executing Agency (EA) and Department of Roads (DoR) will be the Implementing Agency (IA) for this project. 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 the 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, Subproject offices/ field-based offices and Project NGO/s on the day-to-day activities of the Resettlement Plan implementation. A Social Development/Resettlement Specialist from the Design Supervision Consultants (DSC) will support the SRS in further minimizing the resettlement impacts based on detailed design and assist in supervision and coordination of all activities related to resettlement implementation. It may not be possible to recruit an Officer in Charge of Land Operations because there is a severe shortage of competent qualified staff in Nepal for these positions.
14. Therefore it may be necessary to entrust these responsibilities to the DoR (ADB) Project Manager for the Subproject who has the rank of Senior Divisional Engineer.
15. The IA will establish subproject level offices for the sample roads headed by officers with the rank of Senior Divisional Engineer. At the Subproject level, Subproject Level Committees (SLCs) will also be established with representations from APs, political parties, vulnerable groups, business community and local NGOs. These SLCs will assist the Subproject Office and NGOs in informing people about the likely resettlement impact and solicit views of the affected people regarding compensation and relocation options.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 3 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
16. The SRS, through the Subproject Office/field offices, Subproject level committees, Chief District Officers (CDO) of the respective districts and Project NGO will execute and monitor the progress of the work. He will ensure coordination between the relevant departments, NGO, the Grievance Redress Committee (GRC) and the Affected Persons (APs). The concerned staff at the Headquarters and in the Subproject Office / field offices related to the Project's resettlement activities, including CRO, 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.
17. The Grievance Redress Committee (GRC) will be constituted as per the legislative provision made in Clause 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 member of the committee are VDC Chairpersons, two representatives from APs (one man and one woman), local representatives, NGOs and representatives from DoR with the rank of Divisional Engineer. The Social / Resettlement Specialist (SRS) or his nominee, a field- based Engineer, will be the member-secretary of the committee and shall act as the Project's Grievance Officer. Normally, all the efforts are made to address the grievances at the local level in close consultation with the APs.
18. The estimated resettlement budget for the implementation of this RP is NRs 2,892,328 (US$ 41,608 @ NRs 68). This includes all costs related to compensation for structures, land and other benefits as per the entitlement benefits, plus RP administration costs, and training/capacity buildings.
F. MONITORING & EVALUATION
19. The RP will have both internal and external monitoring. Internal Monitoring will be a regular activity for PIU who will oversee the timely implementation of Resettlement and Relocation 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. Quarterly reports on 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 within three months after loan approval. A set of monitoring indicators and terms of reference for the external evaluation agency has been developed and included in the RP.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 4 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
1. THE PROJECT BACKGROUND
1.1. Project Description
20. The Government of Nepal (GON) has formulated a 20 Year Road Plan with the main objective of developing Strategic Road Networks (SRN). Some of the specific objectives of the 20 Year Road Plan 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 district headquarters and providing road linkages between district headquarters and the adjunct road network 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.
21. The objective of the Road Connectivity Sector I Project - Nepal (RCSP1) is to provide assistance to GON in the improvement of feeder roads connectivity to rural areas and to increase the capacity and efficiency of the road networks in the country. The proposed Project to be funded by ADB under ‘sector Grant’ envisages construction / improvement 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 RCSP 1 Project Preparation Technical Assistance (PPTA) which will be used as “model” for project preparation for the remainder of the alignments. These three sample Subproject roads are (i) Galchhi – Trishuli -Syaphrubesi (ii) Tamakoshi –Manthali -Khurkot and (iii) Phidim -Taplejung. 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. Figure 1.1 provides a map of the Subproject road.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 5 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
Figure 1.1 Location Map
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 6 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
22. This Resettlement Plan (RP) has been prepared for the improvement of Phidim - Taplejung Subproject road, with a total length of 83.024 km. The major activities to be carried out under RCSP1 include (i) drainage improvement, (ii) minor realignment of the Subproject road and (iii) pavement improvement and minor widening. A description of the selected sample road Subproject is provided in Table 1.1. The existing road centerline has been generally maintained in the detailed design, which minimizes resettlement while still meeting the minimum geometric standards of the feeder roads. The need to shift the road centerline to minimize resettlement, particularly at locations where the affected structures fall along only one side has been considered. Further reduction in the corridor of impact may be possible through modification of wall and drain sections by adopting types that require least width in plan.
Table 1.1 Construction Details of the Subproject Length Districts Covered Construction Details (kms)
Additional roadside structures, slope protection works, Panchthar and 83.024 bioengineering works, drainage / cross drainage Taplejung works, pavement construction with DBST sealing
Source: Detailed Design - June, 2008
1.2. Project Benefits and Impacts
23. The Subproject road passes through the two Districts; namely Panchthar and Taplejung. It will link Kakarbhitta in the East and Mahendranagar in the Far West. The 0+000 chainage of the Subproject is located approximately 145 km north from Chaaraali on the East-West Highway. A direct impact due to connecting the Subproject Districts with Kathmandu and the Indian border would be an increase in mobility between these areas leading to greater prospects for trade, business and employment. It is anticipated that the implementation of the Subproject may bring positive impacts to the socioeconomic scenario of the project districts thereby contributing to poverty reduction. The project will also create employment opportunities during construction period and enhance the scope of economic development in the area by the development of market centers. This will facilitate the sale and transfer of local products such as Cardamom, broom grass, milk products, herbal products, handmade paper and woolen products to different parts of the country. Easier transportation will enable increased import/export of goods to the project Districts. In addition, it is envisaged that the project will contribute towards an increase in land prices along the road as well as enabling other infrastructure development and economic diversification activities.
24. The road is aligned along the existing road. An average available width of existing road is 5.5 meters. The detailed design requires a footprint width of 6 – 12 meters in different sections of the road. The acquisition of 3,031.28 sq.m will be required for widening the existing road to design width in different sections of the alignment. However, the Subproject construction necessitates minor acquisition, where the existing alignment is insufficient to meet the requirement of new design. Specifically the land will be affected in Nagi, Amarpur, Phidim, Panchami and Bharpa VDCs of Panchthar District and Nangkholyang, Dokhu and Phungling VDC of Rasuwa District. Based on the PPTA Report, none of the households’ agricultural land was impacted. The detailed design RP survey measured the land acquisition requirement in different sections along the alignment. A total of 74 land parcels (with and without structures) will be affected. The number of structures has been accordingly substantially decreased in comparison to PPTA. However, the technical design requires strips of land along most of the alignment to widen the road to feeder road standard.
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 7 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
Hence the number of land parcels has increased. 25. Of the total 74 affected land parcels, the number of parcels without structures is 72 and with structures 2. The total number of affected households is 68. Interviewed households were 47 and absentees 21, including 2 tenants.
Table 1.2 Number of Affected Land Parcels Land Parcels Land Area to be acquired (sq.m.) Types of Assets Detailed Detailed Design, Affected PPTA, 2005 PPTA, 2005 Design, 2008 2008 Land only 72 - Land with 3031.28 647.14 2 41* Structures Total Land Parcels 74 41 Note: *This figure is reported as number of households in PPTA resettlement report and not as number of parcels.
26. The total population in the 47 interviewed households was 315. The household size was 6.7. The population of absentee land owners is estimated as 141, given an assumed household size of 6.7. The total affected people therefore in the 68 households are 456.
27. 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. This is achieved by optimizing the utilization of the available space and by avoiding private and public structures and land acquisition as far as possible. However, based on the detailed design, the number of affected structures is decreased and the number of affected land parcels is increased in comparison to PPTA report. Land would be acquired only where the existing alignment is insufficient. Hence, the resettlement impacts for this Subproject are insignificant even though the number of land parcels has increased from the PPTA. The Subproject is likely to entail some resettlement impacts on the structures located in some sections along the corridor. Based on the preliminary technical design and the Affected Persons surveys, the nature of resettlement impacts identified in the Subproject include impacts on; (i) residential structures (ii) residential cum commercial structure and (iii) temporary impacts on business, employment and tenancy. The Subproject will not adversely affect any Common Property Resource (CPR).
28. Based on the Affected Persons survey data, it is estimated that a total of 68 households with a population of 456 persons will be affected as a result of the Subproject construction. Table 1.3 provides information on the affected families in the subproject area.
Table 1.3 Affected Households, AP’s and Type of Affected Assets Total Number of Affected Total Number of Type of Affected Assets Households Affected Persons Detailed Detailed PPTA PPTA Design Design Land only - 45 - 301 Residential Structures 17 1 90 7 Residential cum Commercial Structures 15 1 90 7 Temporary Movable Commercial Kiosks 9 0 54 - Tenants of Residential Structures 6 0 36 - Tenants of Residential cum Commercial 1 2 6 14 Absentee’s Land - 19 - 127 Total 48 68 276 456 Source: Affected Persons Survey, May-June 2008
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 8 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road
1.3. Measures to Minimize Impact
29. To reduce the resettlement impact, the detailed design has attempted to minimize the width for the single lane carriageway including hard shoulders and side drains within a 6.5 meter width when ever possible. The detailed design width ranged from 6 - 12 meters in different sections of the road alignment as per the technical requirements. The Design Standards for Feeder Roads (Third Revision, GoN, DOR, 1997) has been followed as the basis for the technical design of this Subproject. Based on these design standards, an average width of 8 m for formation, carriageway and shoulders was estimated in the 2005 PPTA for low trafficked Feeder Roads. However, the number of plots (74) affected as per the new detailed design has increased against the 41 plots estimated by the PPTA, 2005.
30. The other resettlement impacts identified in the Subproject consist of impacts on land with residential structures, residential cum commercial structures and loss of businesses. The detailed design minimized the resettlement impact to 2 structures against the 41 identified by the PPTA, 2005. The impacts on the tenants of the structures are also accordingly reduced. Two tenants were identified at the time of survey.
1.4. Objective of the Resettlement Plan
31. 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 of the Subproject. The plan also aims to provide an effective guideline to GON and RCSP1 Implementation Management, to address the identified resettlement impact as per the Plan and to ensure that the people and households affected due to resettlement are compensated under the prevailing legal norms of GON in compliance with the ADB guidelines. The RP has been prepared taking into account the general findings of the field reconnaissance survey, hundred percent survey of project affected households and socio-economic baseline survey of 20 percent of the population in the sample road area, field supervision, meetings with line agencies and consultation with various stakeholders in the project area. The RP identifies:
• 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; and • Responsibilities for monitoring of the RP measures.
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2. THE PROJECT AREA: SOCIO-ECONOMIC PROFILE AND SURVEY
32. This chapter presents an overview of the project area and an analysis of the impacts based on the Affected Persons Survey conducted in the Subproject area. The main objective of the analysis is to develop the profiles of APs and communities affected by the project along with identification of the nature and types of losses to prepare an inventory of the affected assets.
2.1 The Project Area
33. The proposed Subproject road passes through the two districts of Panchthar and Taplejung. Located approximately 145 km north of the East-West Highway (Chaaraali in Jhapa district), the Subproject includes improvement and upgrading of 83 kms of road connecting Phidim and Taplejung districts of eastern Nepal. While the road meets the Phidim-Ilam road to the south, it links the two districts of Eastern Development Regions namely, Phidim and Taplejung, to the north. The alignment begins from Damaidhara located at Phidim Bazaar of Panchthar district.
34. Due to its strategic geographical location, passing through hilly areas with several steep grades, the present road stretch leaves no scope for widening of the earthen and poorly graveled road. However, the present alignment and carriageway width are suitable for the anticipated traffic; as a result, no major land acquisition is required in these areas. Yet along certain stretches of the alignment some structural loss is anticipated during construction of the pavements.
35. As shown by the preliminary technical design VDCs/Municipalities being covered under this Subproject are :
VDCs & Municipalities in Phidim-Taplejung Subproject
a. Panchthar District : Phidim, Bharpa, Subhang, Panchami, Nagi, & Amarpur VDCs
b. Taplejung District: Nangkholyang, Dokhu, & Phungling VDCs
Source: Preliminary Technical Design - June, 2008
36. As per the technical design drawings of the road:
(i) improvement of carriageway of 3.5 m. width (ii) upgrading the hard shoulders to 0.5 m. on each side (iii) construction of drains with an average 1 m. width as required and construction of retaining walls in some sections to prevent landslides.
37. In some locations, a further 2.5 meters is required for passing bays.
2.2 Socio-Demographic Profile
38. The average family size of the project districts is 5.44 members per family (Survey 2001), which is similar to the national average. Specifically, the average family size in Taplejung is 5.44 whereas it is 5.42 in Panchthar District. However the family size of the interviewed households is found to 6.7 which are higher than both the national and the district figures. A brief social profile of the Subproject districts is given in Table 2.1.
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Table 2.1 Social-Demographic Profile of the Project Area Districts Population in Number Population Percent No. of Average Area in Density
Total Male Female Total HHs HH Size Sq. Km. Person/Sq. Km. All-Nepal 23,151,423 11,563,921 11,587,502 - 4,253,220 5.44 147,181 157
Taplejung 134,698 66,205 68,493 0.58 24,764 5.44 3,646 37
Panchthar 202,056 99,042 103,014 0.87 37,260 5.42 1,241 163 Source: National Census, 2001
2.3 Economic Profile
39. The economy of the Subproject districts is primarily based on subsistence agriculture in which agriculture meets the food requirements of the family. There are some commercial enterprises to earn small cash income. Both the project districts lie in hilly topography resulting in large-scale production of maize and millet. In addition, income is generated from cash crops such as cardamom, Amliso (broom grass) and ginger (Aduwa)) that are generally supplied across the border to India. A limited production of paddy is also seen in some parts of the river valley. Dairy products are supplied through co-operatives to the district headquarters and adjoining districts. The districts also witness migration of population to India and the Gulf States in search of employment. Establishment of small-scale enterprises for the production and sale of handmade paper, which is a specialty of the region, also accounts for a sizeable source of income for residents, which are marketed by individual entrepreneurs and cooperatives
2.4 Poverty Status
40. Based on the National Survey, 2001 and Human Development Indicators of Nepal - 2004, poverty status of the Subproject districts is lower than the national level. Among the two districts Human Poverty Index (HPI) in Taplejung is ranked 23rd whereas it is 36 in the case of Panchthar. Table 2.2 provides a synopsis of the development indicators, including poverty index.
Table 2.2 Development Indicators of the Subproject Area Districts HDI (Rank) HPI (Rank) GDI (Rank) All-Nepal 0.471 39.6 0.452 Taplejung 0.467 (36) 38.4 (23) 0.451 (36) Panchthar 0.484 (24) 42.1 (36) 0.472 (24) Sources: National Survey (2001) report; Nepal Human Development Report 2004 by UNDP: 141-170.
2.5 Affected Persons Survey
41. A survey of the all project-affected households was conducted along the road of sample Subproject stretches in the months of May and June 2008. The main objective was to prepare an inventory of all the affected assets and affected households. Another objective was to estimate the extent of resettlement impacts due to the project implementation and to prepare a Resettlement Plan accordingly for compensating and providing necessary assistance to the eligible affected people based on ADB guidelines and the prevailing law of Nepal. The survey was carried out based upon the detail design drawings. All the structures and assets – both community owned and private falling within design width were classified
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 11 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road as ‘affected’. The impact on these affected assets and families was assessed by means of a structured questionnaire and discussions with the APs and other local people during the course of the survey.
42. The survey identified that a total of 68 affected households thereby affecting a total of 456 persons. Impacts will be on residential structures, residential cum commercial structures and loss of tenancy as a result of the Subproject construction. Except for 21 absentee families, consisting of 19 land owners and 2 tenants of Residential cum Business Structure, the remaining 47 households were interviewed. The Summary of the total affected households and affected persons in the Subproject is presented in Table 2.3.
Table 2.3 Summary of the Affected Households and Affected Families
Subproject Total Affected Households Total Affected Persons
Phidim – Taplejung Road 68 456
Source: Survey, May – June 2008
43. Of the 68 project affected households in the sub-project area, 18 were identified to be ethnic/Indigenous (Janajati) and occupational caste groups (Dalit) households and remaining 50 households were of other caste groups. Based on the Affected Persons Survey and field observation the households belonging to Janajati and Dalit will not be significantly impacted as a result of the subproject. These minority groups are assimilated with other caste groups sharing common social values, norms and culture. Table 2.4 provides a distribution of affected households by ethnic and caste group categories.
Table 2.4 Affected Households by Ethnic and Caste Group Categories Affected Households by No. of Affected HHs Percentage Ethnicity Ethnic/Endogenous (Janajati) and 18 26 occupational caste group (Dalit)
Other Caste Group 50 74
Total 68 100
Source: Affected Person Survey, May-June 2008
2.6 Social Profile of the Affected Households
2.6.1 Literacy and Education
44. Out of the total 68 affected households, the respondents of 40 percent of the households are functionally literate (can read and write). 19 percent of respondents are illiterate. The remaining 41 percent consisted of a mixed group of those with primary, lower secondary, secondary and School Leaving Certificate levels of education. Table 2.5 provides information on the literacy and educational status of the affected households.
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Table 2.5 Educational Status of Affected Respondents Number of Affected Respondents Educational Status Number Percentage
Illiterate 9 19
Literate (can read and write) 20 42
Primary 2 4
Lower Secondary 3 6
Secondary 4 9
SLC 0 0
Above SLC 9 19
Total Reported 47 * 100 Source: Affected Persons Survey, May-June 2008 * 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
45. In the Subproject area the proportion of Janajati and Dalit literate respondents is 23% whereas about 57% percent from other caste groups. Table 2.6 provides breakdown on the literacy status of the affected households by caste and ethnic groups.
Table 2.6 Literacy Status of the Respondents by Caste and Ethnic Groups Affected
Literate Illiterate Total Households Type No. Percent No. Percent No. Percent Ethnic/Indigenous/Occupation 11 23 8 17 19 41 al Caste Groups Other Caste Groups 27 57 1 2 28 59
Total 38 81 9 19 47* 100 Source: Affected Persons Survey, May-June 2005 * 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
46. In terms of male-female literacy, it was noted that male respondents had better level of education vis-à-vis their female counterparts. The male literacy rate was 57% whereas it was reported to be 43% in case of female respondents. Table 2.7 provides distribution of male female literacy status of the Subproject areas.
Table 2.7 Literacy Status of Affected Households Respondents No. of No. of Not Total Literate Male Literates Female Literates Reported Reported Family No. Percent No. Percent HHs HHs Members
47 21* 265 150 57 115 43
Source: Affected Persons Survey, May – June 2008 ** 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
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2.6.2 Average Age Group
47. With regard to the average distribution of households by age group, more than sixty percent (63 %) of the population fall within the category of 15-60 years whereas 25% were those below 15 years of age.
Table 2.8 Average Age Group in the Subproject Area HH Population by Age Group Total No. of Total Family Below 15 Yrs. 15-60 Yrs. Above 60Yrs Reported HHs Members No. % No. % No. % 47* 315 79 25 198 63 38 12 Source: Affected Persons Survey, May – June 2008
* 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
2.7 Economic Profile
2.7.1 Occupational Background of the Households
48. The Affected Persons Survey revealed that the 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, livestock and wage labour were identified as the main source of livelihood and the major occupations amongst the project affected households. 32 % of the households derive their livelihoods by means of Service/Pension and agriculture business. About 14% are dependent upon agriculture and live stock. Agriculture, including livestock, cottage industry and small business were reported to be the main sources of income of all the affected households. In this sense, there is a clear 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 2.9.
Table 2.9 Main Sources of Income of Interviewed Households Sources of Income Affected Households Main Source of Income No Percentage Agriculture 1 2 Agriculture & Livestock 5 11 Agriculture, Livestock, Service/ Pension & Wage Labor 5 11 Agriculture & Cash Crops 1 2 Agriculture & Business 1 2 Agriculture, Service/ Pension 15 32 Agriculture & Rental of Commercial Structures 1 2 Agriculture & Agriculture Labor 4 9 Cottage Industry 1 2 Cottage Industry and Service 2 4 Business 2 4 Business and Service/Pension 6 13 Wage Labor/ Service/Pension 1 2 Business and Other 2 4 Total HHs Reporting Sources of Income 47 100 Not Reporting *21 Total Affected Households 68 Source: Affected Persons Survey, May – June 2008 * 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
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49. Out of the total 315 interviewed APs in the Subproject area, 182 or58% of people consisted of those actively engaged in the above-mentioned income generating activities. Among the total economically engaged population, the number of females actively engaged was 26% in comparison to the 32 % involvement by males. Table 2.10 provides breakdown of the economically active population of the Subproject by sex.
Table 2.10 Breakdown of Economically Active Population by Sex Total Number of Females Total Number of Males Total number of APs involved in Income involved in Income involved in income generation generation generation
No. Percent No. Percent No. Percent
81 26 101 32 182 58
Source: Affected Persons Survey, May – June 2008
2.7.2 Average Annual Income and Poverty Status
50. As an approach to assess the poverty status of the interviewed households, the respondents were asked about the average annual income of their family from different sources. As per the government poverty Assessment Paper, the minimum per capita income required to be above the poverty level in the Subproject districts is NRs. 8069.60. On this basis, the minimum household income to be above poverty level was determined by dividing the average household income by the average family size of the interviewed respondents (6.7) Based on this calculation, the minimum household income to be above the poverty level in the Subproject area was fixed to be NRs. 54,066.
51. Only 6 percent of the interviewed households in the Subproject area were identified to be Below Poverty Level (BPL) in terms of their average annual household income. Table 2.11 provides breakdown of the affected households as per the average annual income range.
Table 2.11 Average Annual Income of the Affected Households (in NRs.) Income Range No. Percent BPL < NRs. 54,066 6 13 BPL upto 100,000 10 21 > 100,000 – 150,000 16 34 >150,000 – 200,000 11 23 > 200,000 4 9 Total HHs Reporting Sources 47 100 of Income Not Reporting 21 Total Affected Households 68 Source: Affected Persons Survey, May – June 2008 * 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
52. In the subproject area, only 2 Janajati and Dalit households have been reported as falling under the Below Poverty Level (BPLTable 2.12 provides breakdown on poverty status of the affected households by ethnic/indigenous/occupational and other caste groups.
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Table 2.12 Poverty Status by Ethnic/Indigenous and Other Caste Groups Ethnic/Indigenous/ Other Caste Occupational Caste Total Groups Poverty Level Groups No. Percent No. Percent No. Percent
BPL HHS 2 5 4 8 6 13
Above BPL HHs 16 34 25 53 41 87
Reported HHs 18 39 29 61 47 100
Not Reported 21* -
Total 68 Source: Affected Persons Survey, May-June 2008 *19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
53. Assistance and appropriate measures have been taken under the RP to ensure adequate compensation and additional assistance to such households.
2.7.3 Main Income Earners
54. In the affected households, both males and females were reported to be active earners. Of the total affected households, about 44 households (94 %) reported that there was equal involvement of males and females in income generating activities. In terms of comparative distribution of male-female involvement in such activities, the involvement of males was reported to be higher than females. This can be primarily attributed to higher proportion of female involvement in the agriculture sector. Table 2.13 presents the distribution of main income earners according to sex.
Table 2.13 Main Income Earners
Income earner Equal Involvement Total of Both Male & Not Known Male Female Female No. Percent No. Percent No. Percent No. Percent No. Percent 2 4 1 2 44 94 - - 47* 100 Source: Affected Persons Survey, May – June 2008
* 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey.
2.8 Gender Impacts of the Subproject
55. Illiteracy, lack of ownership of property, lack of decision-making authority, and extensive involvement in household activities are some of the basic features of female socio- economic status in the Subproject area. With a view to assess different gender related issues and impacts associated with the Subproject, special focus was made during the social impact analysis to look into gender status. Based on a literature review and the findings of focus group discussions during the Social Impact Assessment, some of the key gender indicators and status are discussed below:
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2.8.1 Gender Status
56. Gender Development Index (GDI) is calculated based on life expectancy, educational attainment and income in accordance with the disparity in achievement between women and men, and gives an indication of status of women in the society. GDI of both the Subproject area districts is close or slightly higher than the national GDI level of 0.452. The GDI of Taplejung is 0.451 and in Panchthar district is found to be 0.472. The overall GDI of the country is lower indicating gender related discrimination in development achievements. Table 2.14 shows the position of the different Subproject districts in terms of GDI.
Table 2.14 Gender Development Index (GDI) in Project Area Districts GDI (Rank)
All-Nepal 0.452
Taplejung 0.451 (36)
Panchthar 0.472 (24) Source: National Survey (2001) report; Nepal Human Development Report 2004 by UNDP
2.8.2 Education Status of Women
57. Female illiteracy is higher in both of the Subproject districts than the national rate. There is a marginal difference among the female literacy rates among the two Subproject districts.
Table 2.15 Illiteracy Rate in the Subproject Districts Total Male Female All Nepal 39.75 28.36 51.06 Taplejung 38.19 27.17 48.73 Panchthar 37.36 26.23 47.94 Source: National Survey (2001) report; Nepal Human Development Report 2004 by UNDP
2.8.3 Ownership of Property
58. Nepal is a patriarchal society, wherein household property is mainly owned by male members of the family. However, there exists some variation within the country, mainly due to cultural reasons. For instance, the empowerment of women within the family is considered high among the indigenous people as compared to other caste groups.
59. Table 2.16 indicates the ownership pattern of various types of assets by women. It is clear that very few women have ownership of household property. For example, at the national level, in only 5% of households do women have ownership of some land and in an equal number of households women have ownership of some livestock. Women's ownership of other properties like houses, and a combination of these assets is extremely low reflecting their weak socio-economic status in the society. However, in the Subproject area women's ownership of land and livestock seems to be higher compared to the national data. This is due to the fact that the area is populated by ethnic communities.
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Table 2.16 Households with Women’s Ownership of Various Property Types Women’s Ownership Nepal Taplejung Panchthar
Houses only 0.78 0.29 0.48
Land only 5.25 8.06 6.32
Livestock only 5.42 10.04 10.18
House and land only 3.86 5.63 2.88
House and livestock only 0.09 0.16 0.13
Land and livestock only 0.94 2.29 2.21
House, land and livestock 0.78 2.29 1.46 Source: National Survey, CBS, Nepal 2001
2.8.4 Women's Work Participation
60. Women in the Subproject area are extensively involved in farming, cattle rearing and household activities. Women were also reported to be engaged in activities such as vegetable farming and dairy products, mobile traders and settled traders, operating tea and other small shops, thereby playing a key economic role in the households. This can be largely attributed to the large-scale out-migration of the male population to join the Indian and British Army and to other neighboring countries in search of work.
2.8.5 Mobility Pattern
61. In Nepalese society, especially in the rural area, women's mobility is limited to household work, agricultural activities and visiting relatives. However, the mobility of ethnic (Janajati) and indigenous group's women is freer primarily due to their open cultural systems. 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 to buy things required in the household. In addition their involvement in several development and social service related activities, such as involvement as Female Community Health Volunteers for the health centers and for the formation and mobilization of women's user committees like Community Forest Users' Group. The Subproject construction is being seen as a factor that will further enhance the mobility pattern of women in the region.
2.8.6 Decision Making Status
62. The interactions and discussions held in the Subproject area brought forth that women are given responsibility to make some decisions in farming, trade and household affairs. Especially among these districts where male out-migration in search of employment is high in comparison to other districts, women are given more authority and power to make decisions in the family. Some changes are also seen as a result of the social organizations of women. With increasing number of women groups being formed, women are slowly gaining a say in community level decision making. The presence of a number of Savings and Credit groups and self-help groups was noticed in the Subproject area, which is providing a collective decision-making strength to women.
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2.8.7 Subproject's Impact on Women
63. A major benefit of the Subproject is that the improvement of the road will provide easy access to reach health facilities particularly during child-bearing. Discussions with the women revealed that the improved transport facilities will greatly benefit their mobility by reducing travel time. Similarly, improvement of the road has been considered as an opportunity by women engaged in small trade for selling and purchasing goods. They were also of the opinion that commencement of the Subproject may provide them with employment opportunities during the construction phase.
64. Some of the possible negative impacts of the Subproject as voiced by women speeding vehicles might lead traffic accidents and women's mobility may be disturbed due to visits by outsiders to the villages during the construction phase. The Affected Persons Survey brought forth that a total of four Female Headed Households (FHH) will be affected as a result of the construction, thereby necessitating provision of additional assistance and measures to restore their lives. The RP provides for adequate measures to compensate as well as provide additional assistance to such households on account of their socio-economic vulnerabilities.
2.9 Types of Project Impacts and APs
65. A total of 68 households were identified to be affected as a result of the Subproject. Out of the total affected households, 64 households, including absentees, will receive an impact on their agricultural land, 1 household will suffer loss of residential property and 1 household will incur an impact on a residential cum commercial structure. In addition, 2 tenants will suffer loss of residential commercial structure. Table 2.17 below presents the details of the types of losses and the numbers of households and persons affected by them.
Table 2.17 Affected Households and AP’s by Type of Loss Total Number of Affected Total Number of Affected Households Persons Type of Affected Assets
Detail Detail PPTA PPTA Design Design Land only - 45 - 301 Residential Structures 17 1 90 7 Residential cum Commercial 1 15 90 7 Structures Temporary Movable Commercial 0 9 54 - Kiosks Tenants of Residential Structures 6 0 36 - Tenants of Residential cum 2 1 6 14 Commercial Structures Absentee’s Land - 19 - 127 Total 48 68 276 456 Source: Survey, May-June 2008
66. Of the 68 affected families, interviews were carried out amongst 47 affected households. 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey. General information concerning these households was taken from the neighbors and local people.
67. Based on the detailed design, the Subproject will improve the existing alignment for a single lane traffic scheme, (within the existing road corridor), which does not entail any new alignments. As per the detailed drawings prepared by the technical team, there is only 1
Road Connectivity Sector I Project (ADB Grant No. 0051 – NEP (SF)) 19 Feasibility Study, Detailed Design and Construction Supervision Resettlement Plan November 2008 Phidim - Taplejung Road residential structure and 1 residential cum commercial structure likely to receive a significant impact on the main structure. In such conditions, the Government may acquire either the structure or land as per the need in accordance to the provision of Land Acquisition Act, 2034 (1977). As stipulated in Clause 29 of Land Acquisition Act, 2034 (1977), there is a provision for partial acquisition as the Act mentions that unless the Affected Persons make request to the Government to acquire both structures as well as land, the Government can undertake partial acquisition of either land or structure as per actual requirements.
2.9.1 Impact on Socially Vulnerable Groups
68. The majority of the Affected Households were identified as vulnerable. The major vulnerability indicator was due to dominance of households having elderly members and households below poverty level. Table 2.18 presents details on vulnerability categories.
Table 2.18 Vulnerability Status of the Affected Households Vulnerability Category Affected Households Vulnerability Status No. Percent
Female Headed Households 5 11
Having Disabled Members - -
Having Elderly Members 18 38
Below Poverty Level 6 13
Schedule Caste/Dalit (Occupational caste groups) 1 2
Ethnic Group (endangered and highly marginalized) 0 0 Total Vulnerable Affected Households 30 64
Non Vulnerable House 17 36
Total Reported HHs 47 100
Not known 21* - Affect Household Survey, May – June 2008
* 19 land owners and 2 tenants of residential cum commercial structures were absent during the survey. Families fall in more than one vulnerable category
69. There are 6 BPL households amongst the Affected Households. None of the structure owners falls within the BPL.category. However, 1 residential cum commercial structure and 1 residential household will have an impact on the main structure. Moreover, out of these 2 households, 1 residential household falls within the ethnic category. It is pertinent to note that most of the ethnic group along the road in the Subproject area share common social norms and are integrated into the mainstream.
70. Based on government policy and focus by the ADB guidelines in considering the ethnic/indigenous groups in development projects, the RP has made provision of additional financial assistance to the vulnerable APs such as female headed households, elderly headed households, ethnic households, households having disabled family members and below poverty level. NRs. 2000 per family is allocated for the period of three months as a transitional allowance to manage from the likely affect due to the Subproject. The amount was estimated based on consultations with APs and local NGOs.
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2.10 Impact on Residential Structures
71. As revealed by survey data, a total of 1 residential structure is likely to be affected by the Subproject construction. The owner of the residential structure falls within the ethnic group category. The following sub-sections provide details about the extent of loss, the construction type of the structure and the ownership pattern of the affected residential structure.
2.10.1 Construction Type of Affected Residential Structure
72. Only one residential structure is likely to be affected; it is stone built with a tinned roof.
Table 2.19 Construction Type of Affected Residential Structures Affected Households Construction Type No. Remove Frame Structure/Tinned - Stone Built with tinned roof 1 Wooden - Thatched - Total 1 Source: Survey, May – June 2005
2.10.2 Extent of Loss
73. One residential structure has to be demolished. However there is sufficient land left to build a replacement building.
74. Taking into account the extent of loss, the RP has made adequate provision for compensating as well as assisting the affected household in overcoming their loss. Detailed discussions were also undertaken with the affected during the resettlement surveys on the various options of resettlement and rehabilitation based on which appropriate entitlements and provisions have been worked out in the entitlement matrix.
2.10.3 Extent of Loss of Residential Structures by Vulnerable Households
75. One residential structure occupied by an ethnic minority households has to be demolished. However, there is sufficient land for a replacement building. This household expressed their need for adequate compensation for the affected assets and opted to shift their structures on their remaining land. Based on the consultations with AP’s, the Resettlement Plan has made provision to provide a transitional allowance for enhancing livelihood of NRs 10,000 per family providing additional financial assistance for the period of three months to such vulnerable households. It is to be noted that there is only one residential household who would loose their main structure. Nevertheless, appropriate measures have been integrated into the Resettlement Plan to compensate for this loss.
2.10.4 Legal Ownership of the Residential Structures
76. One affected residential structures identified during the Affected Persons Survey is legally owned.
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2.10.5 Relocation and Rehabilitation Measures for Residential Structures
77. During the Affected Persons Survey, discussions were also held with the affected persons regarding the options of relocating affected structures, if required. It is to be noted that there is only one affected residential structure and it will need relocation as it will mainly undergo loss of main structure. As per RP measures, additional cash assistance of NRs, 10,000 for livelihood enhancement per AP will be provided to the households having major effect on their residential structures. As per the provision made in the RP, the titleholders will be compensated for the loss of land and structures as well as the expenses of shifting and relocation. In addition, the tenants will be granted shifting allowance under the RP (if required).
2.11 Residential cum Commercial Structures
78. 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 as ‘residential cum commercial structures’. A total of 1 such structure will be adversely affected as a result of the road construction The details of this structure are provided below:
2.11.1 Construction Type of Affected Residential cum Commercial Structures
79. Only one residential cum commercial structure is likely to be impacted in sub project; it is stone built with tinned roofing.
2.11.2 Extent of Loss
80. A total of 1 structure is likely to undergo the loss of the main structure.
2.11.3 Extent of Loss by Vulnerable Households
81. Only 1 household will lose a residential cum commercial structure and the household is not reported to be Below Poverty Level or an ethnic minority groups.
82. Based on the survey data, only one residential cum commercial structure will undergo significant impact on the main structure. Discussions with the affected household reflected a clear need for a fair and timely compensation. The RP has made provision of providing a transitional allowance for enhancing livelihood to the APs at the rate of NRs. 10,000 per family who have been impacted on their main structures. In addition, the vulnerable households are also entitled to receive three months additional allowances as per the provision made in the Entitlement Matrix. However, the Affected Household can opt to relocate the affected structures by themselves on their own remaining land or purchase land if replacement land is available within 1 km.
2.11.4 Legal Ownership of the Affected Residential cum Commercial Structures
83. There is 1 affected residential cum-commercial structure, which is legally owned. There are however 2 tenant households. Table 2.20 below provides details on the ownership status of affected residential cum business structures.
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Table 2.20 Ownership Status of Affected Residential cum Business Structures Ownership Type No.
Titleholders 1
Tenants *2
Total 3 Source: Affected Persons Survey, May-June 2008
84. The residential cum commercial structure which contains tenants will receive a significant impact on their structures. Therefore the RP has made provision for assistance including a shifting allowance to the affected APs residing in such structures.
2.11.5 Relocation and Rehabilitation Measures
85. Based on the survey data there is only 1 residential cum-commercial structure undergoing significant impact and thereby needing relocation. Discussions with the household brought forth the need for adequate compensation. The household opted to shift to their structure either ion their remaining land or to purchase land in the same community as adequate land is available within a distance of 1 km. As per the provisions made in the RP, the affected titleholders will be compensated for the loss of all assets as well as the expenses of shifting and relocation. The tenants will be granted shifting allowances and the encroachers will be assisted to rehabilitate the structures based on the vulnerability status of the affected family (like; in terms of poverty status).
2.11.6 Loss of Land
86. Based upon the detailed design, the Subproject will acquire 3,031 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 discussions with the affected plot owners, they are willing to give up their land in exchange for compensation at replacement value. Table 2.26 provides details of the affected land plots in the Subproject.
Table 2.21 List of Affected Land Total Land Number Area of Land Area to be SN VDC District % of Loss of Plots Affected Acquired (sq.m) Plots (sq.m) 1 Phidim Panchthar 2 15967.58 47.68 0.29 2 Bharpa Panchthar 7 118246.71 333.82 0.28 3 Panchami Panchthar 2 34991.57 7.94 0.022 4 Nagi Panchthar 16 112551.23 372.73 0.33 5 Amarpur Panchthar 26 284866.67 1120.6 0.39 6 Nangkholang Taplejung 8 87567.67 824.66 0.94 7 Dokhu Taplejung 12 342121.93 313.92 0.09 8 Phungling Taplejung 1 207.68 9.93 4.78 Total 74 996521.21 3,031.28 0.30 Source: Affected Persons Survey, May – June 2008 *19 Absentee land owners
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87. As indicated in the table above, the loss of land is only 0.30%. 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 Affected Households.
88. There are 53 private trees (timber and fodder) which need to be removed. The owners will be paid an agreed compensation for these trees.
2.12 Common Property Resources
89. The survey did not identify any community structures affected as a result of Subproject construction. No temples, shrines, utility poles, irrigation canals etc will need shifting or reconstruction as a result of Subproject activities.
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3 RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX
3.1 Introduction
90. The objective of this chapter is to discuss the key national, state and project-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 projects. The guidelines are prepared for addressing the issues limited to the RCSPN 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/social survey, field visits, and meetings with various project-affected persons in the Subproject area. The principles adopted establish eligibility and provisions for all types of losses (land, crops, structures, employment, tenancy etc). In addition to this the RP identifies the broad scope of the project and outlines the policy, procedures and institutional requirements for preparing future sub-projects.
3.2 Policy Framework: Review of National Policy and ADB Requirements
3.2.1 Legal Framework
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.
3.2.2 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. The compensation amount will be paid to the AP before the commencement of construction works.
3.2.3 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. Although there are 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 salvageable from the structures. Clause 39 of Land Acquisition Act 2034 (1977) indicates options to allow the affected households to take all salvageable without deduction of any
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102. However, there exist certain key differences between ADB guidelines and GON legal frameworks which are summarized below in Table 3.1.
3.6 The Entitlement Matrix
103. For this project, the entitlements are derived from the Land Acquisition Act, 2034 (1977) and ADB Policy on Involuntary Resettlement (1995). The principles adopted established 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 project 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 2005.
104. 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-section 3 of the LA Act, 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
105. 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 CDO; 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 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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106. 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.
107. In addition, under the Land Acquisition Act 2034 (1977) the requiring body (DOR) will need to bear all the land acquisition and resettlement related cost and pay to the acquiring body (district government).
3.6.2 Compensation for Structures (residential/ residential-cum-commercial) and Other Immovable Assets
108. 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
109. In addition, there will also be provision of assistance for housing/business tenants, one time cash assistance equivalent to two month rent to the tenants for moving to alternatives premise for re-establishing house/businesses.
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3.6.4 Income Restoration Assistance
110. The RP has made provision of providing income restoration assistance to the affected families.
• One-time lump sum grant to owner of business/business tenants; minimum one month's income based on the nature of business and type of losses assessed on a case-to-case basis.
• One time financial assistance to hired employees equivalent to 30 days wage to be computed on the basis of local wage for respective district for respective categories.
• One time lump-sum grant to movable temporary kiosks for minimum one months income based on the nature of business and type of losses assessed on a case-to- case basis, plus shifting allowance on actual basis.
• APs, who are eligible for semi-skilled labor, will be given preference in employment opportunities in the Project'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 with a 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
111. The Project will provide complete restoration work or cash compensation for rehabilitation/re-building of affected common property resources and cultural/community structures/installations (if required).
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Table 3.2 Entitlement Matrix
Nature of Loss Application Definition of AP Entitlements Result of Action Responsibility 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 In case the replacement value is higher than the value assessed by CFC, for lost assets. /commercial land acquired for ownership the difference will be borne by DOR. by landowners construction and All fees, taxes and other charges, as applicable under the relevant laws, improvement works incurred in the relocation and resource establishment, are to be borne by beyond the existing the Subproject. Loss of land road and land Person(s) with land Contractor to negotiate a contract agreement on the rental rate with the Compensation DoR and temporarily for the temporarily acquired records verifying owner for temporary acquisition of land. for temporary Contractor use of contractors by contractors ownership Subproject and the contractor to ensure that persons other than the loss of assets. during construction 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 Short-term DoR , CDO and structure owner / by road construction business tenants nature of business and type of losses assessed on a case-to-case basis. compensation for NGO tenants for loss of income. conducting business Loss of business Structure on Owner /renter of One-time cash assistance equivalent to 2-month rent for moving to Removal DoR , CDO and premise by owners acquired land and/or business alternative premise for re-establishing the businesses. /relocation NGO / renters legally confirmed Shifting allowance (transport plus loading/unloading charges) will be paid assistance. ownership rights to 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 for NGO readjustment APs who are eligible for semi-skilled and unskilled labor will be given loss of income. priority in employment opportunities in the Subproject’s implementation works. Loss of income by Business affected Movable business One-time cash assistance; minimum one-month’s income based on the Short-term DoR , CDO and temporary movable temporarily during structures on nature of business and type of losses assessed on a case-to-case basis . compensation for NGO kiosks road construction. footpaths/roadside Shifting allowance will be paid to the affected (if applicable), on actual loss of income. cost basis.
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Nature of Loss Application Definition of AP Entitlements Result of Action Responsibility Additional Household income Female-headed Special assistance of NRs. 2,000 for a period of three months to the Income DoR , CDO and assistance to affected as a result households; affected 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 Livelihood DoR , CDO and enhancement families than 10 percent loss at 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 Restoration of DoR and CDO structures and property stands structure costs. residence / shop. commercial purchased or Owners of affected structures will be allowed to take/reuse their structures by reclaimed for road salvageable materials for rebuilding/rehabilitation of structure without owners (including purposes deducting any costs. squatters) In case of relocation, transfer allowance to cover cost of shifting (transport 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 / shop. NGO commercial Encroachers will be notified a time in which to remove their assets to be structures by affected. encroachers Loss of residential Renters of house One time cash assistance equivalent to 2 months rent moving to alternate Assistance to DoR , CDO and structures by premise. make alternative NGO tenants (Renters) Any rental advance paid by the renters to the owner will be deducted from arrangements the owner's compensation and refunded to the renters, if the renter has to relocate. Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates.
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Nature of Loss Application Definition of AP Entitlements Result of Action Responsibility Loss of rental Owners of One time cash assistance equivalent to 2 months income that can be Short term DoR , CDO and income by owners residential and earned by renting the affected residential and residential cum commercial compensation for NGO of residential and residential cum structures 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
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4 CONSULTATION AND STAKEHOLDER PARTICIPATION
4.1 Introduction
112. This Resettlement Plan has been prepared in close consultation with stakeholders at different levels including the local people and project affected households represented by head of the households, family members, neighbors of affected families, local level social workers, representatives of political parties , business men, representatives of vulnerable group and other resource persons. The primary objectives of such consultation comprises:
• Assessment of socio-economic information required for the study Information dissemination to the people about the project in terms of project activities and scope of work; • Understanding the perceptions of the local people ; • Generate idea regarding the expected demand of the affected people ; • Assess the local people's willingness to get involved with the project and enumerate the measures to be taken during the implementation of the Project.
4.2 Methods of Public Consultation
113. The task of public consultation was carried out in different stages during the project preparation. In fact, since the beginning of the field reconnaissance survey to the period of Survey, 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.
Table 4.1 Methods Employed During the Course of Consultations Stakeholders Purpose Method Department of Roads at central To collect government's Frequent individual meetings level policy, guidelines priorities with the officials of DoR and on the Subproject, and to Project Directorate. seek advise for initiating work. Local Community in different To assess overall social Consultation and discussion locations of the sub-project areas perception about the with local people at different (Phidim, Kabeli, Bharpha, importance of project road project locations during Sesambu, Gophetar, and local peoples felt need reconnaissance survey, social Bhaluchwok, Putalichwok, for improvement survey and Survey. Sinhapur, Ghodechaur, and Phungling)
District level line agencies To assess the existing Individual meetings with the (Divisional Roads Office, RNDP operational status of officials of respective offices. project Office at Phidim, DDC.) roads, to verify the land likely to be acquired based on design drawings, to collect cadastral maps and to collect land price fixed by district land revenue office.
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Stakeholders Purpose Method Project affected people based on To prepare inventory of Individual interview of the the design drawing the affected assets and affected households by get measurement and means of a structured conduct interview with the questionnaire affected families about the affected assets and on the household matters NGOs and other stakeholders at Assess the level of social Representatives of local the local level willingness to be involved NGOs and other stakeholders in the project activities including community members were consulted at different sections of the road during field supervision 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. Source: Survey Survey, May – June 2005
4.3 Consultation – Scope and Issues
4.3.1 Scope of Consultation
114. The scope of consultation, especially with the local people and project affected population was focused to inform them about the nature of project and its activities. During the consultation information was also shared about the possibilities of acquisition of private assets by the project at replacement/compensation cost. Options of relocating, shifting, and loss of employment cost as per need and provision of livelihood support to the vulnerable group were some of the other issues discussed during consultation. In addition, along with information dissemination the consultations also aimed at taking people's opinion and suggestions on the project and its impacts.
4.3.2 Feedback from the Consultations
115. The main findings of the consultations undertaken with the affected people and community are enumerated below:
• Involvement of local people in project design finalization: • Being the major stakeholders and the population directly affected by the project, the local people voiced that they must be kept informed and consulted with regard to the Project design. • Employment opportunity for local people should be ensured during Project 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 project. The community was 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
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Project and lack alternative options; • Regular monitoring of the Project during implementation by the project office to ensure the technical quality of work and environmental conservation (land slides); and Need for setting up a Grievance Redressal body at the Subproject level which the affected people can access in case they have any grievances pertaining to the Project and their entitlements.
116. The detailed consultation matrix is provided in Table 4.2.
Table 4.2 Consultation Matrix Consultation Issues How was it addressed? Chainage 1+000 Project's provision to compensate The RP has made provisions to Location: Jorsal affected people - Scope of widening the compensate project affected people No. of Discussions:2 road and land acquisition loosing their assets as well as tenancy, Women: 8 Men:18 employment and loss of income. Chainage 28+000 Scope of employment opportunities to the As per the provision made in Entitlement Location: Jorpokhari local people during project matrix APs, who are eligible for semi- No. of Discussion:2 implementation - Compensation for skilled labor, will be given preference in Women: 13 Men:18 affected assets employment opportunities in the Project's implementation work.
The RP has made provisions of compensating the families having loss on their assets. Chainage 33+000 Local peoples participation during The RP has recommended to Location: Gophetar project design involve local people during the No. of Discussion: 3 detailed design to minimize Women: 6 Men : 8 Compensation for affected structures resettlement impact of the project Chainage 82+000 Location: Phungling Options of compensations for the In the RP there are provisions of No. of Discussion: 2 affected residential structures and compensating all residential and Women: 4 Men: 7 loss of businesses residential cum commercial structures to be affected by the project and Chances for local NGOs to be assistance for loss of business involved in the project In RP, there is provision of involving NGOs while implementing local resettlement plan
Source: Survey Survey, May – June 2008
4.4 Disclosure of RP
117. 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.
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4.5 Plans for Future Consultation & Community Participation During Project Implementation
118. 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.
119. 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 and 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
120. 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 Project has been guided by the regulatory provision of Land Acquisition Act 2034 (1977). Broadly, the institutional set-up for implementing RP will be at two levels - (i) central level and (ii) Subproject level. The Executing Agency (EA) and the Project Implementation Unit (PIU) will be stationed at central level whereas there will be Subproject Office at implementation level. Ministry of Physical Planning and Works (MoPPW) will be the Executing Agency (EA) for the Project and Department of Roads (DOR) will be the implementing agency (IA).
5.2 Project Implementation Unit (PIU)
121. The Subproject under the RCSPN 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
122. 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. The Social/Resettlement Specialist (SRS) can be deputed from the Geo-environment Unit (GEU) of DOR to the PIU or any other officer in the rank of divisional engineer or any professional can be engaged on a contractual basis. It may not be possible to recruit an officer as the Social/Resettlement Specialist (SRS) because there is a severe shortage of competent qualified staff in Nepal to fill these positions.
123. Therefore, it may be necessary to entrust these responsibilities to the DoR (ADB) Project Manager for the Subproject who has the rant of Senior Divisional Engineer.
124. A social Development / Resettlement Specialist from the Design Supervision Consultants (DSC) will support the SRS in further minimizing the resettlement impacts and updating the ROs based on detailed design and assist in supervision and coordination of all activities related to resettlement implementation.
125. The IA will establish sub-project offices/ field offices for the sub-project headed by Project Managers (PM) with officers in the rank of Senior Divisional Engineer. At the Subproject level, Subproject Level Committees (SLCs) will also be established with
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126. The SRS through the sub-project offices / field offices, SLC, 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, NGO, the Grievance Redress Committee (GRC) and the Affected Persons (APs). The concerned staff at the headquarters and in the sub-project offices / field offices related to the Project's resettlement activities, including SRS, Revenue Department officials and NGO staff will undergo a week-long orientation and training in resettlement policy and management prior to the implementation of resettlement activities. The institutional framework for resettlement plan is illustrated as Figure 5.1 below:
Figure 5.1 Institutional Framework for Resettlement Activities
or
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127. The PM would be responsible for coordinating with the Chief District Officers (CDOs) of the Subproject districts 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 Redressal Committee (GRC) with representation of VDC/Municipality representatives, APs and NGO. As stipulated in Clause 11 of Land Acquisition Act 2034 (1977), the CDO will chair the GRC. Lastly, the PM will regularly update the PIU on the implementation of the resettlement activities at sub- project level.
5.3 Non-Government Organizations (NGOs)
128. 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
129. NGOs will assist the Project at sub-project level in informing people about the likely resettlement impact of the Project 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 sub-project office of DoR on the other regular activities of resettlement. The Terms of Reference (ToR) of the NGO are enclosed in Annex-3.
5.4 Grievance Redress Committee (GRC)
130. 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 and get redressal under the LA Act Clause 11 Section 1,2 and 3.
131. In order to address such project related grievances, as per Clause 11 of Land Acquisition Act 2034 (1977) a Grievance Redressal 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.
5.4.1 Role and Responsibilities
132. 105. As enumerated above, the constitutional basis of GRC for RP activities is Land Acquisition Act of Nepal 2034 (1977). The Act has assigned CDO as the sole responsibility to chair land acquisition activities and to address the grievances related to the RP implementation activities.
133. In case of any grievances while implementing RP there are 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 Project 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;
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134. The various queries, complaints and problems that are likely to be generated among the APs and that might require mitigation, include the following:
• APs not enlisted; • Losses not identified correctly; • Compensation/assistance inadequate or not as per entitlement matrix; • Dispute about ownership; • Delay in disbursement of compensation/assistance; and • Improper distribution of compensation/ assistance in case of joint ownership.
135. 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.
5.5 Design Supervision Consultant (DSC)
136. In addition, the Social/ Resettlement specialist from the Design Supervision Consultant will be responsible for assisting the SRS or Senior Divisional Engineer at the central level for coordinating land acquisition and resettlement activities through the sub- project level offices. S/he will also assist Social/ Resettlement specialist or Senior Divisional Engineer in updating resettlement data for implementation and keeping record in an efficient manner.
5.6 Resettlement Implementation Schedule
137. The RP is expected to be implemented from the last quarter 2007 to second quarter of 2009. 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 Project will provide adequate advance notification to the APs and will pay their due resettlement benefits, including relocation and income restoration/assistance prior 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.
138. Department of Roads will initiate the process of land acquisition for upgrading the proposed sample roads. Generally, land acquisition is a lengthy process in Nepal. Need of verification of the land /property record from different sources (filed, cadastral map and land revenue office), conventional practice of land measurement, lack of uniformity on the map scale, old record keeping systems, lack of accurate prevailing official record on land value, fragmented land ownership, difficulties on negotiations etc are some of the reasons behind the issue.
139. 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 ensure 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.
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140. 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) included as Annex- 4.
5.7 Staff Training in Resettlement Implementation
141. All the staff at PIU, GEU and in the field offices involved in land acquisition and resettlement activities, including the SRS, land revenue department officials and NGO staff will undergo a week-long orientation and training in ADB’s resettlement policy and management. The training sessions will be repeated in field offices, DDCs and VDCs either by grouping the adjacent districts or individually as per convenience of the field staff. The training session will focus on the following:
(a) Principles and procedures of land acquisition; (b) Public consultation and participation; (c) Entitlements and compensation & assistance disbursement mechanisms; (d) Grievance redressal; (e) Resettlement data-base management; and (f) Monitoring of resettlement operations.
5.8 Resettlement Databank
142. During detailed design, a detailed measurement survey will be carried out and to prepare a detailed inventory of losses of affected persons. All this 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 sub-project offices / field offices and NGOs through their concerned field offices 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.
5.9 Cost Estimate and Budget
143. A preliminary cost for assets likely to be affected by the Project and cost for other financial assistance/support for APs including other associated costs has been estimated to implement this resettlement plan. This cost estimate has to be revised and updated in case of any change during the detailed design. The overall amount of compensation that will be paid to the AP must be equivalent to the costs of replacing the affected assets. Replacement cost means the method of valuing assets to replace the loss at market value, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration and titling costs.
144. Where the national law does not meet this standard the replacement cost will be supplemented as necessary. Replacement cost is based on market value before the project or dispossession, whichever is higher.
145. The Government will bear all the costs of land acquisition and resettlement for RCSPN. MoPPW and DoR are committed to set aside and provide the respective amounts of funds for RP implementation in an efficient and timely manner during the course of the Project. MoPPW and DOR will guarantee to meet unforeseen obligations in excess budget estimates.
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5.9.1 Basis Taken for Estimating Land Cost
As per the preliminary 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 R&R budget, the compensation rate mentioned by APs and local people has been used as the rate quoted by the District Land Revenue Office is generally low in most of the districts 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.
5.9.2 Basis Taken for Estimating Structure Cost
146. With regard to structures' cost, the rate determined by Department of Urban Planning and Housing was taken as a basis for estimation. The Department is the sole authorized government body to estimate the compensation costs for structures through the government Gazette (Nepal Rajpatra, Section IV, number 50, Date 2045/12/6 (1988). The Department annually updates the rate based on current market value.
5.10 Cost Calculation
147. 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 party and relevant district level chiefs of line agencies to fix the compensation rate as per the prevailing market price. Representatives of the affected households, the local government representatives, the project personnel and other local level representatives of line agencies are brought together to fix the price of land, structures and other asset. The Methods 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.
148. To come 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 survey–survey, • Collection of recent updated rate from the Department of Urban Development and Housing to determine compensation for structures.
149. 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 • Mud mortar RCC/RBC structure/ Cement mortar with CGI roofed • Mud mortar with CGI roofed • Temporary structure
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150. 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 rate of the Department of Urban Development & Housing as in earlier projects.
151. Besides, other resettlement assistance in terms of relocation cost, shifting cost, transitional allowance etc. were estimated based on social consultation, and past project experiences taking into account the local market rate. Table 5.1 provides the breakdown of the resettlement and rehabilitation cost estimate for the sub-project.
Table 5.1 Resettlement Budget and Cost Estimate Unit Qty.(No./ Amount S.N Descriptions Cost Sq.m) NRs. (NRs) 1 Compensation for agricultural land 3031.28 14,72,660 2 Compensation for residential structures 2 7,50,000 3 Compensation for private trees to be removed - 53 14,625 4 Compensation for income loss from residential cum 1,000 1 1,000 commercial structures 5 Assistance to Alternative premises to business having major 2,000 1 2,000 effect 6 Compensation for loss of employment - - - 7 Shifting cost for 1 residential and 1 residential cum 2,000 2 4,000 commercial structures likely to have major impact 8 Shifting and accommodation allowances to tenants of 2000 2 8,000 residential structures (2 months) 9 Compensation to the owners of residential cum commercial 2000 2 8,000 structures having tenants (2 months) 10 Livelihood enhancement allowances to the families loosing more than 10 % of land - - - 11 Economic rehabilitation grant for the owners of 1 residential 10,000 2 20,000 and 1 residential cum commercial structures likely to have major impacts 12 Additional assistance to vulnerable APs including women 2000 30 180,000 headed HHs (3 months) 13 Total 2,460,258 14 Contingency 15 % 369,043 15 Total Compensation Cost 2,829,328 16 US$ @ 68 41,608
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6 MONITORING AND EVALUATION
6.1 Need for Monitoring
152. 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
153. 126. 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
154. 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.
155. 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 project 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.
156. 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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157. Subproject offices / field offices will be responsible for monitoring the day-to-day resettlement activities of the project. Baseline, socio-economic, survey and land acquisition data provide the necessary benchmark for field level monitoring. Field level monitoring will be carried out through:
• Review of survey 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.
158. A performance data sheet will be developed to monitor the project at the field level. Quarterly reports will be received from the field offices and SRS will be responsible for overall project 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
159. An external monitoring agency will be engaged by DoR who will carry out independent biannual review of resettlement implementation as well as post project 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 for such projects must be recorded.
160. 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-Project, 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.
• Evaluation of actual operations of Grievance Committee - assisting APs as
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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 of these additional measures.
• Describe Lessons Learned for future projects.
161. Such external monitoring will be carried out on a biannual basis throughout the Project period. The external agency will directly report their findings both to DOR and ADB. The ToR of External Monitoring is included in Annex- 3.
6.3 Stages of Monitoring
162. Based on the different project 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 project period as per requirement.
• The external monitoring support will be carried out on a biannual basis throughout the project cycle on the quarterly basis.
6.4 Reporting Requirements
163. 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 1
Typical Cross Sections
Annex 2
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 3
ToR for NGO 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
Phidim – Taplejung 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 Phidim – Taplejung 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 Phidim – Taplejung 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 Phidim – Taplejung Road
3. Implementation Arrangements
5. The Department of Roads (DoR) of the MoPPW will be assigned the direct responsibilities for managing the execution of the project consistent with its defined national function. A Project Implementation Unit (PIU) will be established in DoR supported by Design and Supervision Consultants (DSC) and by a national-level NGO on resettlement verification issues and another national NGO to provide HIV/AIDS, anti trafficking programmes. A key project strategy is to strengthen capacities at district level by increasing the role of the local NGO as service providers to, but managed by, the DSC. An NGO will be recruited for each road corridor. This NGO will provide the capacity for the intensive on-site supervision that is a requirement of RCSP, and for social mobilisation activities.
6. The project implementation period is five years. The project will start with a pre- construction phase focusing on initiating the resettlement and social mobilization! capacity building activities, undertaking feasibility studies. The preconstruction phase is planned for 15 months followed by the construction phase.
II. TERMS OF REFERENCE
7. With the above objective of the project, the implementing agency, the DoR office intends to procure the services of the Local NGO (hereinafter called the LNGO) to implement the resettlement and social mobilization! monitoring activities of the project in each affected district. The scope of services for the LNGO is elaborated hereunder.
1. Introduction
8. The Road Connectivity Sector Project is a project being implemented in 18 hilly districts and 3 Terrai Districts of Nepal. The project is being implemented with the grant financing of ADB. The grant agreement was signed by GoN and ADB on 8 September 2006. The project is expected to be completed by 2012. The project through its components of (i) community mobilisation and rural livelihood restoration, (ii) rural transport infrastructure (iii) project management services aims to achieve improved access, improvement of livelihood of people in project area and reduce rural poverty.
2. Background
9. The LNGO shall be engaged mainly for social mobilization and rural livelihood restoration, survey, design and supervision of the implementation of the resettlement. They shall be based in the district and shall maintain their operations from there. In order to enhance this cooperation, it is expected that the LNGO will be responsible for the social mobilization and resettlement aspects of RCSP.
10. A key Project outcome is to create capacity to contract out services to the NGO sectors, as well as implementation of similar infrastructure projects. The approach of RCSP maximises benefits to the rural poor in project areas, but will require a high level of supervision to ensure quality of work. The LNGO shall be utilised particularly with respect to:
• Planning • Conduct social surveys • Resettlement assessments and land compensation payment, including facilitation and negotiation between all parties • Social mobilisation of resettlement Affected Persons • Involvement in livelihood restoration training • Participation and community consultation
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 2 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Phidim – Taplejung Road
• Grievance Redress Procedures, Local Consultative Forums and other mass meetings • Monitoring workers welfare • Assisting the national HIV/ AIDS NGO to implement their programmes • Assisting the National Resettlement Verification NGO to implement their programmes • Monitoring and evaluation • Liaison and facilitation of cooperation with the district administration, project management and DSC
3. Objectives
11. The main objective of the LNGO is to ensure smooth implementation of the Resettlement activities, income restoration and livelihood promotion programmes and ensure that all APs get timely compensation and assistance. The LNGO are responsible for helping the DSC with all related tasks for the planning and implementation of resettlement prior to construction, the monitoring of resettlement activities after letting of works contracts, monitoring contractors performance towards workers conditions etc and employment of local people, and assistance to the national NGO hired to verify and monitor resettlement and the HIV/AIDS/ anti-trafficking programmes. The tasks shall be concentrated on, but not necessarily limited to, the following areas:
• Planning Aspects - The LNGO shall assist the DSC in the public information and community consultation campaign for RCSP, the updating of Resettlement Plans (RPs), facilitate to produce new RP’s, undertake and conduct data collection and surveys in the prescribed format and to the procedures specified in the Project Social Procedures Manual (PSPM) alongside the DSC cadastral surveyor, check and code the data for entry into the DSC database. Consult with Local People to prepare income restoration and livelihood promotion programme.
• Implementation Aspects - The LNGO shall implement the Resettlement Plan and income restoration programme derived from the survey data by the DSC and as agreed/ approved by DoR and the ADB. The implementation consists of assisting Project Affected Persons to gain their correct entitlement to compensation, through operating the Grievance Redress mechanism, support to the Local Consultative Forum as per the procedures and process defined in the Project Social Procedures Manual. The LNGO will also take part in such monitoring exercises as required and assist the national NGO in running their awareness programmes! monitoring surveys.
• Operation and maintenance Aspects - The LNGQ shall monitor the performance and compliance of the contractors to the social conditions of contract, the Labour Laws of Nepal and the Public Works Directives, requirements in this sector.
• Capacity Building - The DSC will assist in the capacity building of the LNGO to develop the skills to undertake resettlement related activities and manage the required surveys. The LNGO is required to send their Team Leader and Social Mobilization Supervisors to attend at their own cost a four day long training course in resettlement activities. The training will be organized or conducted by resource centre other than DSC.
• Monitoring and Evaluation - The LNGO shall also carry out required monitoring to give inputs to the formal monitoring system and impact evaluation being undertaken at different stages of the project.
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 3 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Phidim – Taplejung Road
• Social Aspects - The LNGO shall also carry out all activities related to social mobilization and social development as per the project objectives
4. Scope of Work
12. The principal tasks of the LNGO with regards to technical and social aspects during the implementation of road projects are, but will not be limited to, the following:
4.1 Technical Aspects i. Preparation
• Undertake training in resettlement social activities ii. Review previous studies and collect relevant data
• study the Project Social Procedures Manual • collect topographical maps, cadastral maps etc, if required • collect relevant information from concerned and relevant authorities • collect district rates and work norms of the Departments of Forestry and Agriculture, Land Revenue values etc iii. Conduct studies, field suiveys and community consultation
• carry out walkover survey, household listing and socio-economic surveys • design and implement the public information campaign • formation of Local Consultative Forum(LCF) • conduct the community consultation exercise • assist the DoR Project Manager to conduct Local Consultative Forum meetings as directed by LCF guidelines • assist the design team of DSC to integrate community feedback on design etc into the final design • carry out the detailed resettlement survey and prepare the data for analysis by the DSC resettlement specialists iv. Carry out the social, resettlement and gender plans
• Ensure compliance with the gender action plan in resettlement • Ensure training is made available to those receiving training grants under the entitlement matrix under income restoration measures • Prepare a list of severely project affected households for preferential employment with contractors • Continue the community consultation campaign, publicise the availability of unskilled labour • Prepare lists of poor local people including women willing to work at the district wage rate as unskilled labourers for the contractors, introduce those interested to work with the contractor • Monitor contractor’s compliance with social conditions of contract, Labour Laws and Public Works Directives, monthly • Undertake monitoring of resettlement as required by the national verification NGO in compliance with GoN and ADB monitoring guidelines • Assist the HIV/AIDS NGO to undertake their awareness programmes with contractors and communities
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 4 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Phidim – Taplejung Road
v. Prepare reports
• Prepare monthly and quarterly monitoring reports and others as required
4.2 Social Aspects
13. The principal tasks of the LNGO with regards to social mobilization aspects are, but not limited to, the followings: i. Ensure institutional development of community based organizations in RCSP
• Facilitate in the formation and mobilization of Local Consultative Forums, and assist in their regular meetings and other institutional activities ii. Ensure genuine participation of local beneficiaries with strong emphasis on women, disadvantaged groups and Indigenous people
• Conduct mass meetings to motivate beneficiaries to participate in RCSP • Prepare household list of beneficiaries belonging to the project influence area • Conduct base line survey and beneficiary awareness campaigns to prepare the list of potential labourers with special emphasis on the inclusion of women and disadvantaged people • Coordinate with other service providers such as Village Development Committee (VDC), Municipality, District Agriculture Office (DAO) District Forest Office ((DFO) District Land Revenue Office (DLRO) District Survey Office (DSO) and District Administration Office (DAO) etc as required iii. Ensure fair working condition for labourers
• Make monitoring visits to contractor sites monthly • Conduct awareness raising programs for unskilled labourers at construction sites informing them about their rights and duties and inclusion in the HIV/AIDS/ anti- trafficking campaigns • Ensure that the labourers are fully aware of the insurance facilities provided under the contract by contractors and facilitate claims arising out of injuries, disabilities and death • Enforce strictly the provision of use of labour cards • Develop and implement mechanisms for the use of first aid boxes and other possible facilities in a sustainable way • Disseminate information regarding occupational safety and health • Distribute relevant information on fair working condition including elimination of child labour, provision of equal pay for both the men and women for equal volume of works performed and other relevant aspects • Monitor fair and timely distribution of wages • Inform the concerned CRE/ RE and the Project Manager for action in case of any discrepancy noted in relation to fair working conditions
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 5 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Phidim – Taplejung Road iv. Carry out activities to enhance soclo-economic condition of the local beneficiaries
• Plan and implement or find other appropriate training courses for income generation as identified by severely affected peoples from the allowance for training specified in the entitlement matrix and guideline for enhancing poverty reduction of road project, if it is required
• Coordinate with the district line agencies to streamline their interventions effectively in the project influence area v. Carry out resettlement survey and prepare resettlement plan! Indigenous People Development Plan (IPDP)
• Attend the resettlement training workshop to be conducted by resources centre other than DSC • Undertake social and resettlement surveys throughout alignment by keeping in mind, community, ward and district as required for the road, check and code the data to prepare report • Help calculate resettlement valuation assessments and land compensation payment by consulting with other related agencies • Assist the Compensation Determination Committee in fair valuation and attend CDC meetings as observer • Assist in addressing and solving the grievances of the APs at the Local level • Assist/facilitate the APs to access and plead their grievances in the Grievance Redress Committee, and record all the applications and results • Perform other work as directed by Resettlement Action Plan(RAP)/ IPDP and DSC vi. Assist the National Resettlement Verification and HI V/A ID S NGO
• Assist in the organisation and conduction of orientation and awareness trainings at least once in three months to different stakeholders on HIV/AIDS, and human trafficking • Assist to National Resettlement Verification NGO to conduct meeting, community consultation and workshop vii. Maintain constant liaison with key stakeholders, DSC and PM along with national NGO
14. While carrying out aforementioned tasks the LNGO should follow the guidelines developed and incorporated by the project. The LNGO should also provide required information from the districts to develop and improve or incorporate in necessary guidelines, manuals etc. The LNGO shall also closely coordinate with PM (Project Manager), DSC and National NGO and follow the instructions and advice of the PM, DSC and National NGO in carrying out the above activities. The LNGO shall make available its staffs for capacity building training and other trainings carried out by Resource Centre other than DSC at its own expense. LNGO shall carry out its activities under the close supervision of DSC.
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 6 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Phidim – Taplejung Road
5. Client Proposed Composition of Staff
15. In order to complete the above tasks, the following team composition of staff has been proposed by the client:
5.1 Social Team
16. All the staffs under social team shall be provided through local NGO: a) Team Leader - 1 No. (Intermittent, as and when required)
The Team Leader should have a minimum qualification in Bachelors of Arts in social science/sociology. Master degree in Sociology will be preferred. S/he should have at least Three years of general experience in the related field. Preference shall be given to the candidate experienced in road projects with social mobilization aspects. S/he is expected to provide input in the field with intensive field visits. b) Social Mobilization Supervisor - 2 Nos. (Intermittent, as and when required)
The Social mobilizer should have a minimum qualification of proficiency certificate level in social science. Bachelor degree in Social Science/Sociology will be preferred. S/he shall have at least three years experience in a similar position. Preference shall be given to the candidate experienced in road projects with social mobilization aspects c) Enumerator Social Mobilizer - 4 Nos. (Intermittent, as and when required)
The Local Facilitator/Motivator shall have at least S.L.C. level education s/he shall be stationed at the site full time.
17. The Client’s proposed tentative person-months requirements for the required services are summarized as follows:
Person- S.No Personnel Remarks Months
1. Team Leader 12 Intermittent 2. Social Mobilization Supervisor 17 As and when required 3. Enumerator / Social Mobilizer 34
18. The input of the above proposed personnel and person-months may vary depending upon the volume of work and shall be utilized based on an as and when required basis. Thus, the deployment would be on the basis of approved annual work plan.
19. In case of unallocated staffs of positions (Supervisor, Social Mobiliser, Local Facilitator/Motivator) the inputs can be interchanged and used based on requirements.
Road Connectivity Sector I Project (ADB Grant No 0051-NEP (SF)) 7 Feasibility Study, Detailed Design and Construction Supervision Terms of Reference for Local NGO May 2008 Phidim – Taplejung 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 4
Schedule for Land Acquisition
RCSP ADB Grant 0051-NEP (SF) Draft Schedule of Land Acquisition and Compensation Based on Land Acquition Act 2034 (1977) of Nepal and PWD of DoR
2008 2009 2007 (forth Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Step Action Responsibility LAA Clause # quarter Jan Jan onward) 123456789101112131415161718192021222324
The government decides to acquire land for public works purpose and authorises the Project Manager of the 1 Government 3, 5 project to initiate the survey work to determine details of the land plots to be acquired (Preliminary action)
Issues notice of preliminary action and affixes it in 2 Project Manager 6, (1) specified places for public information After 3 days, begins the survey of land and preparation 3 Project Manager 6(2,3) of maps During the survey, if private properties (crops, boundry walls, trees etc) are damaged, the Project Manager 4 Project Manager 7 (1,2) determines the compensation amount and distributes to the affected owners. In case owner is not satisfied with the compensation amount determined by the PM may complain to the CDO 5 CDO 7(3) within 15 days. CDO gives his decision on the complaint and which is final
Preparation and submission to CDO a report giving the 6 Project Manager 8 (1,2) details of the land plots / properties to be acquired
CDO publishes a notice giving the details of land plots / properties to be acquired with instruction to claim the 7 compensation with ownership document within 15 days CDO 9(1,2 & 3) of publication of the notice. Besides copies of the notice shall be affixed at specified places
After the publication of the acquisition notice, the concerned Land Administration Office (LAO) / Land 8 LAO /LRO 9(4) Revenue Office (LRO) suspends land transaction of the affected plots / properties Any person who thinks that his land should not be acquired may complain to the Home Ministry through 9 Land Owner 11(1) CDO within 7 days giving reasons why his land should not be acquired Home Ministry gives its decission within 15 days of 10 Home Ministry 11 (2, 3 & 4) receiving the complaint
After the publication of the notice CDO may take possession of the affected land plots and hand them over to the project after; decision has been made on the complaint; at anytime after the expiry of the time limit for 11 filing complaint ; In the case of houses to be acquired, CDO 12 (2) 50% of the compensation amount and in the case where compensation amount has not been fixed , an advance amount sufficient to shift the household has to be paid before the houses are taken control
1 RCSP ADB Grant 0051-NEP (SF) Draft Schedule of Land Acquisition and Compensation Based on Land Acquition Act 2034 (1977) of Nepal and PWD of DoR
2008 2009 2007 (forth Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Step Action Responsibility LAA Clause # quarter Jan Jan onward) 123456789101112131415161718192021222324 13 (1,2& 3), CDO forms a Compensation Fixation Committee (CFC) 12 CDO 14, 15, to determine the compensation amount 16(1&2), 17 & CDO prepares the list of the owners entitled for 13 CDO, CFC 18 (1) compensation and publishes notice to inform them Any person not satisfied with the list may file a complaint 14 Land Owner 18 (2) to the Home Ministry within 15 days
The Home Ministry gives its decision within 15 days of receiving the complaint except in the case of complaint which needs to be decided by a court. In this case the Home Ministry, 15 18 (3 & 4) compensation amount will be suspended and deposited Land Owner in specified account until the case is finally settled, and In some cases the decission will have to wait until settled by a court the legal owner can claim the amount within 2 years
CDO informs the government (concerned agency) about 16 the compensation amounts payable to the affected CDO 19 persons PM starts distribution of the compensation and Income Project Restoration Assistance to the affected owners and the Manager, 17 10, 37 affected owners should collect the compensation within Affected In some cases the compensation distribution will have to wait until settled by a court the specified time Persons The ownership of the acquired land will shift to the government agency and ownership certificates will be CDO, LAO / 18 23 (1,2&3) issued and the land ownership certificates of the LRO affected persons shall be adjusted accordingly In some cases tissuing of ownership certificates will be delayed due to above cause
19 Bid Invitation Submission and Opening
20 Bid Evaluation
21 DoR Approval
22 ADB Approval
23 Contract Award
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