42248-013: Second Chittagong Hill Tracts Rural Development Project

Resettlement Plan

Project No. 42248-013 Resettlement Plan August 2016

2763-BAN (SF): Second Chittagong Hill Tracts Rural Development Project Subproject: Baniarchar-Gozalia Road District: Bandarban

Prepared by Chittagong Hill Tracts Regional Council for the People’s Republic of Bangladesh and the Asian Development Bank

This 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.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. ' ,-/,'i- / 6qi--"/

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SECOND CHITTAGONG HILL TRACTS RURAL DEVELOPMENT PROJECT

(LOAN NO 2763 BAN) (SF)

LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)

FOR

‘Baniarchar-Gozalia Road’

(Subproject ID: 403513010)

Upazila: Lama, District: Bandarban

Prepared By Project Management Office (PMO), With Assistance from Taungya Date: 31 August 2016

ABBREVIATIONS

ADB : Asian Development Bank ADR : Alternative Dispute Resolution ADRF : Alternative Dispute Resolution Forum AP : Affected Person BRG : Business Restoration Grant CBO : Community Based Organization CC : Circle Chief CCL : Cash Compensation under Law CHT : Chittagong Hill Tracts CHTDF : Chittagong Hill Tracts Development Facility CHTRC : Chittagong Hill Tracts Regional Council CHTRDP : Chittagong Hill Tracts Rural Development Project CRO : Chief Resettlement Officer DC : Deputy Commissioner DPMO : District Project Management Office DRO : District Resettlement Officer EA : Executing Agency EP : Entitled Person FGD : Focus Group Discussion FPIC : Free, Prior and Informed Consent GoB : Government of Bangladesh GRC : Grievance Redress Committee HDC : Hill District Council HH : Household IA : Implementing Agency IGA : Income Generation Activities IP : Indigenous People LAO : Land Acquisition Officer LAR : Land Acquisition and Resettlement LARAEC : Land Acquisition and Resettlement Assessment/Estimation Committee LARF : Land Acquisition and Resettlement Framework LARP : Land Acquisition and Resettlement Plan LCS : Labor Contracting Society LDG : Land Development Grant LGED : Local Government Engineering Department LMS : Land Market Survey LO : Land Officer MAD : Micro-Agribusiness Development MARV : Maximum Allowable Replacement Value MIS : Management Information System MOCHTA : Ministry of Chittagong Hill Tract Affairs MV : Market Value NGO : Non-Government Organization OPD : Office of the Project Director PCJSS : Parbattya Chattagram Jana Sanghanti Samity PD : Project Director PDC : Para Development Committee PIC : Project Implementation Consultants

PMO : Project Management Office PVAT : Property Valuation Assessment Team PVM : Participatory Village Mapping PVS : Property Valuation Survey RAC : Resettlement Advisory Committee RCG : Re-Construction Grant RF : Reserved Forest R-NGO : Resettlement NGO RoW : Right-Of-Way SAP : Severely Affected Person SDG : Social Development Grant SES : Socio-economic Survey SPS : Safeguards Policy Statement (ADB 2009) SQMC : Safeguards and Quality Monitoring Cell TVS : Tree Valuation Survey

TABLE OF CONTENTS ABBREVIATIONS ...... 1 I. Chittagong Hill Tracts Rural Development Project –II (CHTRDP II) Project Description ...... 5

 INSTITUTIONAL DEVELOPMENT AND CAPACITY BUILDING ...... 5  RURAL ROADS ...... 5  COMMUNITY INFRASTRUCTURE ...... 5  MICRO-AGRIBUSINESS DEVELOPMENT ...... 5  PROJECT MANAGEMENT ...... 5 II. Sub-project Description ...... 7 III: Scope of Land Acquisition and Resettlement (LAR) ...... 12

A. DATA COLLECTION METHODOLOGY ...... 12 B. ESTIMATED SCOPE OF LAR IMPACTS ...... 12 IV: Socio-Economic Survey (Profiles of the Affected Persons)...... 20 V. Resettlement Policy Framework ...... 24

A. CHT LAND ADMINISTRATION FRAMEWORK...... 24 B. ADB’S INVOLUNTARY RESETTLEMENT POLICY ...... 25 1. SPS involuntary Resettlement Safeguards ...... 25

C. CHTRDP-II'S LAR POLICY ...... 27 D. OBJECTIVES OF THE LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) ...... 29 E. LAR ENTITLEMENTS ...... 29 VI. Community Consultation and Participation ...... 35

A. COMMUNITY CONSULTATION AND STAKEHOLDERS’ PARTICIPATION ...... 35 B. INFORMATION DISCLOSURE ...... 36 VII. Grievance Redress Mechanism ...... 37 VIII. LARP (Safeguard Issues) Implementation Arrangements...... 39 A. LARP Implementing Organizations ...... 41 A.1. Oversight and Policy Guidance & Backstopping ...... 41 A. 2. Specific to Implementation of LAR Activities ...... 45 IX. Compensation and Resettlement Budget...... 50

A. COMPENSATION, RELOCATION AND INCOME RESTORATION ...... 50 B. RESETTLEMENT BUDGET AND FINANCING ...... 51 X. LARP Implementation ...... 53

A. LARP IMPLEMENTATION SCHEDULE ...... 53 B. MONITORING AND EVALUATION ...... 54 B.1. INTERNAL MONITORING ...... 54 B.2. EXTERNAL MONITORING ...... 56

Tables

TABLE: 1- FOLLOWING PARAS POTENTIALLY SERVED BY ‘BANIARCHAR-GOZALIA ROAD’ ...... 10 TABLE 3: DESCRIPTION OF AFFECTED STRUCTURES ...... 16 TABLE-4 TYPE OF AFFECTED LAND (DECIMAL), BY PERCENTAGE ...... 17 TABLE-5 NUMBER OF AFFECTED TREES BY TYPE (TIMBER/FRUIT) AND SIZE ...... 18 TABLE-6 SPECIES OF THE AFFECTED TREES BY SIZE ...... 18 TABLE 7: FAMILY COMPOSITION ...... 20 TABLE 8: TOTAL AFFECTED POPULATION BY GENDER AND PERCENTAGE ...... 21 TABLE 9: AGE GROUP OF POPULATION BY GENDER ...... 21 TABLE 11: LEVEL OF EDUCATION BY GENDER ...... 22 TABLE 12: LEVEL OF HOUSEHOLD INCOME (YEARLY) ...... 23 TABLE 13: ENTITLEMENT MATRIX AND RESPONSIBLE IMPLEMENTATION AGENCIES ...... 32 TABLE 14: INDICATIVE BUDGET FOR LAND ACQUISITION AND RESETTLEMENT FOR ‘‘BANIARCHAR-GOZALIA ROAD’’...... 51 TABLE 15: LARP IMPLEMENTATION SCHEDULE (3 MONTHS) ...... 53 TABLE 16: POTENTIAL MONITORING INDICATORS ...... 55 TABLE 17: INDICATORS FOR EXTERNAL MONITORING AND EVALUATION ...... 56 TABLE-2 (A): AP TOTAL AFFECTED AND RESIDUAL OWNED LAND (DECIMAL) WITH PERCENTAGE OF LOSS .. 73 TABLE-2 (B): APS LOOSING STRUCTURES ...... 77 TABLE-2 (C): APS LOOSING BUSINESS ...... 79 TABLE-2 (D): APS LOOSING TREES ...... 79

Figures

FIGURE-1: GOOGLE IMAGE MAP SHOWING THE ALIGNMENT OF EXISTING AND PROPOSED (‘BANIARCHAR- GOZALIA ROAD’)...... 8 FIGURE 2: THE FIGURE SHOWS THE LOCATION OF THE SUB-PROJECT’S UNION IN THE LAMA UPAZILA. THE ARROW MARKED INDICATES THAT THE LOCATION OF ‘‘BANIARCHAR-GOZALIA ROAD’’ SUB-PROJECT IN BANDARBAN HILL DISTRICT...... 9 FIGURE 3: A GEOGRAPHICAL SKETCH MAP (G.MAP) WITH DETAIL INFORMATION OF AP/SAP AND LAND ...... 13 FIGURE 4: CONSULTATION MEETING AT HEADMAN PARA, FAITHONG, LAMA, BANDARBAN...... 35 FIGURE 5: GRIEVANCE REDRESS MECHANISM ...... 38 FIGURE 6: PROJECT IMPLEMENTATION ARRANGEMENT ...... 40 FIGURE -7: RESETTLEMENT ORGANIZATION CHART ...... 42 FIGURE 8: PROPERTY VALUATION ADVISORY TEAM (PVAT) PROCEDURE OF DETERMINING VALUATION ...... 47

Annexure

ANNEX 1: SOCIOECONOMIC SURVEY QUESTIONNAIRE ...... 58 ANNEX 2: COMMUNITY CONSULTATION MEETING ...... 71 ANNEX 3: (A): AP TOTAL AFFECTED AND RESIDUAL OWNED LAND (DECIMAL) WITH PERCENTAGE OF LOSS...... 73 ANNEX 3: (B): APS LOOSING STRUCTURES...... 77 ANNEX 3: (C): APS LOOSING BUSINESS ...... 79 ANNEX 3: (D): APS LOOSING TREES ...... 79

I. CHITTAGONG HILL TRACTS RURAL DEVELOPMENT PROJECT –II (CHTRDP II) PROJECT DESCRIPTION

1. The Chittagong Hill Tracts Rural Development Project (CHTRDP) was undertaken with financial assistance of Asian Development Bank (ADB) in the backdrop of the region’s poverty, to promote socio-economic development in the region. The Phase I started in 2001-2002 and upon its completion in December, 2009, the Phase II was initiated from 2011-2012. The Government of the People’s Republic of Bangladesh (GOB) and Asian Development Bank (ADB) signed the loan agreement for Second Chittagong Hill Tracts Rural Development Project-II (CHTRDP-II) on 2nd October 2011 (Loan No. 2763-BAN, Project No. 42248-013). The agreement came into effect on 13 December 2011 following which the Project Management Office (PMO) was established in Rangamati. The Project will contribute to the reduction of social and economic poverty among rural people, including indigenous people and poor women in the three CHT districts, namely Khagrachari, Rangamati and Bandarban.

2. The objectives of the project are:  Improve rural infrastructure and sustainable natural resources management and monitoring;  Increase rural income, including those of remote rural women and disadvantaged groups, through increasing economic opportunities and activities;  Support strengthening of the key CHT institutional stakeholders to plan, implement and monitor sustainable rural development in the three hill districts.

3. There are 5 (five) components under this project which are as follows;

 INSTITUTIONAL DEVELOPMENT AND CAPACITY BUILDING

 RURAL ROADS

 COMMUNITY INFRASTRUCTURE

 MICRO-AGRIBUSINESS DEVELOPMENT

 PROJECT MANAGEMENT

4. MoCHTA is the project’s Executing Agency (EA) while the CHTRC is the Lead Implementing Agency (LIA). LGED is responsible for the Output B – Rural Roads (RR) - and the Hill District Councils of Rangamati, Khagrachari and Bandarban Districts are the Implementing agencies (IA) in their respective districts.

5. The component B (Rural Roads) involves substantive ‘land acquisition and resettlement’ (LAR) as part of the plan to construct as many as 29 roads across the three Hill Districts. This entails compliance with ADB’s safeguards on Indigenous Peoples and Resettlement and as well as with the pertinent legal dispositions of the Government of Bangladesh. These are to be detailed in a Land Acquisition and Resettlement Plan (LARP), to be prepared for each road. The present LARP is prepared for the ‘Baniarchar-Gozalia Road’ which LGED has put on a priority list.

6. Taungya, a local NGO based in Rangamati was sub-contracted by the MoCHTA on 20 August 2013 to facilitate the Land Acquisition and Resettlement (LAR) process of Rural Road (RR) component. As per the stipulations of this contract, Taungya is responsible for assisting the Project Management Office (PMO) to prepare the Land Acquisition and Settlement Plan (LARP) for each of the 29 roads, detailing the overall LAR process and implementation of the LARPs.

7. As a part of this assignment, Taungya prepared this report. The present Land Acquisition and Resettlement Plan (LARP) for the ‘Baniarchar-Gozalia Road’ has been prepared taking into account the following findings:

(i) Sample survey data (ii) Field visit, meetings and FGDs with different level of stakeholders (iii) Determination of the extent of losses and identification of entitlement of Affected Person (APs) (iv) The policies and legal frame work applicable, consultation mechanisms with the APs, Severely Affected Person (SAPs) and other stakeholders (v) The principles/modalities for information disclosure, provisions made for compensation payment and income restoration programs (vi) Provision made for facilitating/helping the SAP, indirectly affected persons in reestablishing their incomes and (vii) Implementation arrangement and monitoring of the implementation measures.

II. SUB-PROJECT DESCRIPTION

8. The planned subproject, ‘‘Baniarchar-Gozalia Road’’ will be constructed in Lama upazilla of Bandarban Hill District that traverses across in 2 unions (Faithong and Gozalia Union) and 2 Mouzas (306 Faithong and 305 Gozalia Mouza). There are 7 Upazilas in Rangamati District. Lama is one of them.

9. Lama Upazila occupies an area of 671.83 sq kilometers in its boundary. It is bounded by Bandarban sadar upazila and Shatkania Upazila of Chittagong District on the north, Ruma, Alikadam and Thanchi Upazilas on the east, Naikhonchari Upazila on the south and Chakaria upazila of Cox’s Bazar distrcit and Lohagara upazila of Chittagong district on the west. GPS co-ordination supports the conducted SES that directly affected communities are: 1) Marma, 2) Mro 3) Tripura and 4) Bngali.

10. There is a provision of the project is to construct bridges and culverts on the road. In total 3 bridges will be constructed. Total length of the bridges is 165 meter. Longest one is 80 meter and shortest one is 25 meter. Furthermore, 2 culverts will be constructed there. The construction of the road will be 7.3 meter width and 8.790 Kilometer length.

11. The Location of the project is 70 kilometer away from District Head Quarter and 35 Kilometer from Upazila Head Quarter. It is in the south-east onwards from the district Head Quarters. The existing earthen road will be constructed to Bituminous Carpeting (BC) Road. The road directly traverses to the 5 villages.

1. Headman Para 2. Member Para 3. Harin Khaiya Para 4. Bara Folao Para 5. Fadu Para

12. Land structure of 5 direct affected villages is gentle hill. The construction of the proposed road will follow the existing alignment. The figure 1 Blue in color shows the existing and proposed road alignment.

13. The road will directly connect with the Lama Upazila Head quarter as well as the main market place. It will also connect with more sub roads/ paths of the affected villages.

14. Topography of the 5 affected villages is composed of gentle hill slopes. Most of the houses of villages are built at the valley bottom on the bank of river. The most number of houses are made of bamboo and wood. The nearby hills are used for turmeric and ginger cultivation, horticultures and for livelihood purposes.

15. The figure 1 also shows 15 potentially served villages by the road. Details of these villages are shown in the table -1. The proposed subproject road will provide the communities with an easy access to Upazila Sadar and Main Market Place. It directs from west to east.

FIGURE-1: GOOGLE IMAGE MAP SHOWING THE ALIGNMENT OF EXISTING AND PROPOSED (‘BANIARCHAR-GOZALIA ROAD’).

FIGURE 2: THE FIGURE SHOWS THE LOCATION OF THE SUB-PROJECT’S UNION IN THE LAMA UPAZILA. THE ARROW MARKED INDICATES THAT THE LOCATION OF ‘‘BANIARCHAR-GOZALIA ROAD’’ SUB-PROJECT IN BANDARBAN HILL DISTRICT.

The Arrow Marked Indicates the Location of Baniarchar- Gozalia Sub- project

15. The detailed information including total population and location of these 16 villages in the catchment area is given in the table -1 below:

TABLE: 1- FOLLOWING PARAS POTENTIALLY SERVED BY ‘BANIARCHAR-GOZALIA ROAD’ Distance from Household No. Population proposed Union/ SL Name of village Ethnicity road (KM) Mouza MH FH Total M F Total

1 Fadu Para Faithong Marma 52 3 55 207 105 312 0.5KM

2 Headman Para Faithong Marma 114 5 119 342 284 626 0.5KM

Hari Khaiaya 3 Faithong Marma 36 0 36 217 59 276 0.5KM Para

4 Member Para Paithong Bangali 38 1 38 82 72 154 0.5KM

5 Amtali Para Faithong Marma 39 2 41 91 77 168 1.5KM

Mongbaching 6 Faithong Marma 53 2 55 199 103 302 1.5KM Para

7 Lambasia Para Faithong Marma 56 3 59 172 64 236 1.00KM

8 Boro Folao Para Faithong Marma 11 0 11 24 22 46 0:5KM

9 Muslim Para Faithong Bangali 54 1 55 135 150 285 1:5KM

Thandarjhiri 10 Faithong Marma 21 0 21 38 40 78 2:5KM Para

11 Bangali Para Faithong Bangali 36 1 37 94 77 171 2:00km

12 Minjhiri Para Gazalia Marma&Mro 57 1 58 95 111 206 0:5km

Sapmarajhiri 13 Gazalia Marma 53 2 55 159 140 299 1:5Km Para

14 Roy ongse Para Gazalia Marma 30 0 30 56 61 117 0:5Km

Tripura & 15 Durjadhan Para Gazalia 47 2 49 93 120 213 1:00km Marma Source: Lama SES, July 2016 by Taungya

16. The road will directly affect to 79 APs (Affected People) from 5 affected villages. Total population is 1414. Among the 79 APs, 43 APs are belonging to Bangali community, 26 are to Marma community, 8 are to Tripura community and the rest 2 are to the Mro indigenous community. All the villages were established more than hundred years ago.

The villagers depend on agriculture, horticulture, and selling of forest products like timber, bamboo and firewood. Now-a-days, fruits gardening (mango, banana, litchi etc.) is increasing remarkably. Additionally, livestock rearing (cow, goat, pig, buffalo etc.) also remains a very important livelihood options. Almost all households raise poultry for domestic consumption and sell the surplus to the market to earn extra incomes.

17. The social structure of the indigenous communities in the CHT remains deeply patriarchal. This is no different in this case also. However, mobility wise the women have greater degree of freedom in compare to the overall situation in Bangladesh. During SES, it was found that the indigenous women in the project area participate in the economic activities in equal measure along with the men which is the general conditions in the CHT among the indigenous communities.

18. The education is not as vulnerable as other areas in CHT. There is a government high school at Muslim Para, in Faithong Union which is on the west side of the project. There is a government primary school and two Para kendra which are driven by CHittagong Hill Tracts Development Borad. Furthermore, there are four Madrasas for Muslim community for primary level of education. But, students have to go far distant places for their higher secondary education. They have chance to go to colleges either Lama or Chakaria of Cox’s Bazar.

19. Health service is not easily reachable to the villagers. There is only one health-care center of the villages. They get only basic health-care from the center. In emergency health situation, they have to go to Bandarban District Hospital and Cox’s Bazar.

20. The proposed subproject i.e. construction of the new road is expected to be more easier and time saving to the villagers to get all sorts of services from Upazila sadar and market access. But, In all aspects, quality of life through access to health, education and other services in the vicinity will be upgraded day by day.

22. However, people opined that they are losing some property like land, trees etc. which may consider as bad impact. But it can be minimized through adequate compensation to the APs. In very low scale, there may be environmental impacts due to the project which can be mitigated properly.

III: SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)

A. DATA COLLECTION METHODOLOGY 23. Primary data have mainly been collected from head of the project-affected households(HHs) through a house-to-house socioeconomic survey (SES) using a structured questionnaire, provided in Annex 1, that also provided an inventory of losses (IOL). All the field staff of Taungya is recruited from indigenous community and they could understand the local language easily. They were extensively trained on Land Acquisition and Resettlement (LAR) Process. A reconnaissance visit was done to the subproject site before starting the SES/IOL.

24. An experienced survey team was engaged to undertake a detailed SES/LOI as well as a market survey of the affected properties to determine replacement value. The team is skilled enough to data generation, data analysis, and report preparation and so forth.

25. The field enumerators consulted documents and maps provided by the local LGED office and collected data by consulting members of each HH along the indicative ROW. Along the alignment, a total of 79 APs (Affected Person) were identified who would potentially be affected. The SES/LOI was done for 100% affected HHs. The survey team took GPS coordinates along the alignment and PIC consultant prepared a Goggle Map (G.Map) of the alignment showing area of land with length and owners of the respective land.

B. ESTIMATED SCOPE OF LAR IMPACTS

26. The Local Government Engineering Department (LGED) provided a sketch map of the ‘Baniarchar-Gozalia Road’. The alignment is to be 8.790 kilometer length and 7.3 meter width. The sketch map does not show the slopes or a well-defined road RoW, so how land needs to be acquired can only be an approximate estimation.

27. The total affected land amount of the affected persons is 1982.00 decimal. Both type (record & customary) land ownership are there in project’s villages. But all amount of affected land is titled (Record). The amount of land will be required to acquire for construction of this proposed road. However, the ownership will not be clarified until the notice under Section 3, CHT Land Acquisition Ordinance,1958 is served by the DC office and the area verified by the Joint Verification Team (JVT). Most of the APs possess title land rather than customary title of land.

FIGURE 3: A GEOGRAPHICAL SKETCH MAP (G.MAP) WITH DETAIL INFORMATION OF AP/SAP AND LAND

28. Communities will lose partly their land/trees/structures. In total, 79 APs are directly being affected by the sub-project. Among the 79 APs, 65 will loss land along with either structures/trees, 10 will loss structures, and 2 will loss trees and the rest 2 will loss business. All the APs will be identified by their type of losses through IOL, census, and socioeconomic survey (SES). ADB's Safeguard policy and best practices in Bangladesh, regarding assistance to the development induced affected persons have been disclosed to the APs and stakeholders, during the survey of the present subproject. The APs opted preferences for resettlement/rehabilitation assistance have also been listed during the survey period through focus group discussion (FGD) as well as questionnaire survey. The details of APs are in the Tables-2 (A), 2 (B), 2 (C) and 2 (D) which is annexed as annexure-3. .

TABLE 3: DESCRIPTION OF AFFECTED STRUCTURES

Father's/ SL Name of Type of Number Length and Description of Husband's Village Ownership No. owner structure of plot wide structure name Pucca floor, Late- Length: 34 wood & Achathwai Headman 1 Mongachin Shop plot Self 1 feet Wide: bamboo wall, Marma Para g Marma 20 feet roof with CI sheet Pucca floor: Length: 7 Uchahla Chingsathui Headman ring slab, wall& 2 Latrine Self 1 feet & wide: Marma Marma Para roof with CI 6 feet sheet Mud floor Length: 20 Uhlathwai Uchaching Headman wood & 3 House Self 1 feet & Wide: Marma Marma Para bamboo wall, 22 feet roof with straw Mud floor, Length: 30 wood & Oido Aiggya Headman 4 House Self 1 feet & Wide: bamboo wall Marma Marma Para 20 feet roof with CI sheet Mud floor, Length: 20 wood & Mongsapr Pruemong Headman 5 Firm House Self 1 feet & Wide: bamboo wall ue Marma Marma Para 22 feet roof with CI sheet Mud floor, Length: 30 Rohul Late- Abdul Headman wood & 6 House Self 1 feet & Wide: Kader Gafur Para bamboo wall 25 feet roof with straw Mud floor, Horin Length: 20 MD. Golam Abandoned bamboo wall 7 khaiya Self 1 feet & Wide: Hoson Kader Tea stall roof with CI Para 22 feet sheet Mud floor, Length: 40 wood & House Self 1 feet & Wide: bamboo wall Horin 30 feet Moktar Abdur roof with straw 8 khaiya Ahammod Rahman Mud floor, Para Length: 12 Store wood & Self 1 feet & Wide: house bamboo wall 8 feet roof with straw Horin Length: 59 Mud floor, Mohammo 9 Ali Mollah khaiya House Self 1 feet & Wide: mud wall, roof d Ali Para 36 feet with CI sheet Mud floor, Length: 35 wood & Tea stall Self 1 feet & Wide: bamboo wall Horin 20 feet roof with CI Nurul Najir 10 khaiya sheet Absar Hossain Para Mud floor, Length: 10 wood & Tea stall Self 1 feet & Wide: bamboo wall 20 feet roof with straw Mud floor, Horin Length: 30 Abdur Late- Nader wood & 11 khaiya Tea stall Self 1 feet & Wide: Razzak Hosen bamboo wall Para 18 feet roof with straw Length: 65 Pucca floor, House Self 1 feet & Wide: pucca wall roof 20 feet with CI sheet Mud floor Cow Length: 65 wood & Late- Alhaz Horin Faridul rearing Self 1 feet & Wide: bamboo wall 12 Thanda khaiya Alam House 22 feet roof with CI Miah Para sheet Mud floor Cow Length: 65 wood & rearing Self 1 feet & Wide: bamboo wall House 22 feet roof with CI sheet

Father's/ SL Name of Type of Number Length and Description of Husband's Village Ownership No. owner structure of plot wide structure name Mud floor Cow Length: 65 wood & rearing Self 1 feet & Wide: bamboo wall House 22 feet roof with CI sheet Floor: Mud Cow Length: 65 Wall: Wood & rearing Self 1 feet & Wide: Bamboo Roof: House 22 feet Tin Mud floor, Horin Length: 30 Abdur Late- Jalal wood & 13 khaiya Tea stall Self 1 feet & Wide: Rahim Ahammod bamboo wall, Para 25 feet roof with straw Mud floor, Horin Length: 45 Sirajul Ramij wood & 14 khaiya Tea stall Self 1 feet & Wide: Islam Uddin bamboo wall, Para 30 feet roof with straw Mud floor, Length: 40 wood & Tea stall Self 1 feet & Wide: bamboo wall, 25 feet roof with straw Horin Jaker Samsul 15 khaiya Kitchen Hosen Alam Para house & Length: 25 Mud floor, wall Cow Self 1 feet & Wide: with CI sheet, rearing 15 feet roof with straw House Mud floor, Horin Length: 25 Nurul Late- Ali wood & 16 khaiya House Self 1 feet & Wide: Absar Ahammod bamboo wall, Para 20 feet roof with straw Mud floor, Horin Length: 34 wood & Phlau Chingthwai 17 khaiya House Self 1 feet & Wide: bamboo wall, Marma nu Marma Para 25 feet roof with CI sheet Thwainu Late- Floor with, wall Length: 22 Aung Mrathwai with wood & 18 Gozalia Firm House Self 1 feet & Wide: Chowdhur Aung Bamboo, roof 18 feet y Chowdhury with CI sheet Floor with, wall Late- Length: 20 Aungthwai with wood & 19 Chathwaiu Gozalia Firm House Self 1 feet & Wide: hla Marma Bamboo, roof Marma 18 feet with CI sheet Source: Lama SES, July 2016 by Taungya

29. There will be 25 structures under acquisition out of 19 APs. The structures are: 7 dwelling house, 7 tea stall cum shop plots with business, 4 cow rearing houses, 3 agricultural firm houses, 1 kitchen cum cow rearing house, I latrine and 1 store house for domestic goods. The table-3 explains the details of the acquiring structure.

TABLE-4 TYPE OF AFFECTED LAND (DECIMAL), BY PERCENTAGE

Type of land Quantity of land (Decimal) Percentage Paddy (Decimal) 112.51 5.68 Homestead (Decimal) 317.89 16.04 Tilla (Decimal) 1551.6 78.28 Total 1982.00 100.00 Source: Lama SES, July 2016 by Taungya

30. Table 4 explains the amount of the acquiring land. Only 1982.00 decimal of land will be needed to acquire by the project. Three categories of land be affected by this project. The affected categories of land are, 1. Paddy land 2. Homestead land and 3. Tilla land. The amounts of affected land are in percentage: Paddy land is 5.68, Homestead land is 16.04 percent and Tilla land is 78.28 percent.

TABLE-5 NUMBER OF AFFECTED TREES BY TYPE (TIMBER/FRUIT) AND SIZE Name of Tree Big Medium Small Sapling Total Timber 1176 3475 5243 0 9894 Fruits 803 157 150 0 1110 Battle leaf 0 0 300 0 0 Total 1979 3632 5693 0 11304 Source: Lama SES, July 2016 by Taungya

31. Table-5 analyzed the types and sizes of affected tress. In total 11304 tress are being considered for acquisition. Among them 1979 are big, 3632 are medium and 5693 are small in size. The big portion of acquiring trees is timber valued.

TABLE-6 SPECIES OF THE AFFECTED TREES BY SIZE Name of Tree Big Medium Small Sapling Total Teak 664 1168 1482 3314 Akashia 196 1242 2685 4123 Jungle Tree 57 148 298 503 Bamboo 243 459 225 927 Gamar 4 51 0 55 Mehgoni 0 0 3 3 Lalon 1 0 0 1 Mijjhiri 7 320 26 353 Begium 0 45 520 565 Cotton 4 0 0 4 Maleria 0 18 4 22 Champa 0 3 0 3 Neel 0 16 0 16 Amla 0 5 0 5 Sub-total of Timber 1176 3475 5243 9894 Tree Mango 262 47 48 357 Banana 333 66 89 488 Lemon 20 23 0 43 Kul 151 0 0 151 Jackfruit 3 0 8 11 Betel nut 3 0 0 3 Sajna 1 5 0 6

Name of Tree Big Medium Small Sapling Total Atashi 0 0 2 2 Litchi 20 4 0 24 Guava 10 0 0 10 Chalta 0 2 0 2 Painnagula 0 8 0 8 Date 0 2 0 2 Coconut 0 0 3 3 Sub-total of Fruite 803 157 150 0 1110 Tree Battleleaf 0 0 300 Grand Total Tree 1979 3632 5693 0 11304 Source: Lama SES, July 2016 by Taungya

32. The table 6 provides the different species of trees. In total 28 species of trees are being considered under acquisition by the project. In total 11304 trees (timber and fruit- bearing) are being acquired. Among them 9894 are timber-valued and 1110 are fruit bearing trees. Local names of the various trees are used in the table.

IV: SOCIO-ECONOMIC SURVEY (PROFILES OF THE AFFECTED PERSONS)

33. On 29 of May 2016 Local LGED with a sketch map handed over the existing road alignment to the respective staff of RNGO. An extensive socio-economic survey (SES) was carried out by Taungya for this purpose based on a structured questionnaire (attached as Annex - 1). The survey respondents included the affected persons/families along the indicative ‘right of way’ (RoW) as per the maps and other documents provided by LGED and whose land and/or other properties are under acquisition for the road. The survey was carried out from 26 of July 2016. The collected survey data were extensively cross-checked to eliminate any eventual errors throughout the month August –2016.

34. The survey was carried out with extensive consultations and participation of the communities, Affected Persons (APs) and the local level leaders, such as Headmen, Karbari, religious persons, Upazilla & Union Parishad Chairmen and members.

35. The SES questionnaire format provides detailed information about the APs such as total number of family members, sex, age, and occupation, level of education and level of family income. This also includes detailed information on their total land holdings, type of land and tenure, and as well as the overall amount of land under acquisition along with standing structures, trees on these lands. The survey findings are presented in the table 7-12 below with analysis.

TABLE 7: FAMILY COMPOSITION Family Composition Frequency Percentage (% ) Head of Household 76 21.7 Wife 70 19.9 Son 101 28.8 Daughter 68 19.4 Daughter in law 11 3.1 Grand Son 4 1.1 Grand Daughter 11 3.1 Mother 7 2.0 Mother in Law 1 0.3 Father in Law 1 0.3 Son in law 1 0.3 Total 351 100% Source: Lama SES, July 2016 by Taungya

36. The SES identified 351 individuals belonging to the 79 AP families who will be directly be affected by the sub-project’s land acquisition. The APs include no female-headed household. The table 7 shows average family size is 4.44 which are even with the national average 4.44 (BD census 2011).

TABLE 8: TOTAL AFFECTED POPULATION BY GENDER AND PERCENTAGE Population Number of population Percentage (%) Male 184 52.42 Female 167 47.58 Total 351 100% Source: Lama SES, July 2016 by Taungya

37. The table-8 shows that female are less affected in percentage (47. 58%) than the male (52.42).

TABLE 9: AGE GROUP OF POPULATION BY GENDER Both of Percentage Percentage Age Group Male Female Total percentage (%) (%) (%) 0--10 35 19.13 32 19.05 67 19.09 11--20 44 24.04 47 27.98 91 25.93 21-30 37 20.22 34 20.24 71 20.23 31- 40 20 10.93 21 12.5 41 11.68 41 - 50 22 12.02 19 11.31 41 11.68 51-60 17 9.29 7 4.17 24 6.84 Above 60 8 4.37 8 4.76 16 4.56 Total 183 100.00 168 100.00 351 100 Source: Lama SES, July 2016 by Taungya

38. Table 9 shows the age group of the affected persons. Among the 7 age groups, below 20 age groups is the highest percentage among the affecting age groups which comprises 45.02.

Table 10: Occupation by Gender and Percentage

Both of Percentage Percentage Occupation Male Female Total percentage (%) (%) (%) Agriculture 61 33.70 2 1.18 63 17.95 Business 11 6.08 0 0 11 3.13 Housewife 0 0 70 41.18 70 19.9 Children 12 6.63 15 8.82 27 7.69 Service 5 2.76 1 0.59 6 1.71 Daily Labor 5 2.76 2 1.18 7 1.99 Aged 3 1.66 5 2.94 8 2.28 Imam 1 0.55 0 0.00 1 0.28 Saloon 1 0.55 0 0.00 1 0.28 Shop keeper 1 0.55 0 0.00 1 0.28 Mechanic 1 0.55 0 0.00 1 0.28

Both of Percentage Percentage Occupation Male Female Total percentage (%) (%) (%) Student 58 32.04 58 34.12 116 33.05 Village 1 0.55 0 0.00 1 0.28 Doctor Tailor 1 0.55 2 1.18 3 0.85 Headman 1 0.55 0 0.00 1 0.28 Upazila 1 0.55 0 0.00 1 0.28 Chairman Un-employee 17 9.39 15 8.82 32 9.12 Contructor 1 0.55 0 0.00 1 0.28 Total 181 100.00 170 100.00 351 100.0 Source: Lama SES, July 2016 by Taungya

39. The table 10, states the occupation of the affected people by gender. It shows that 17.95 percent of people are involved in agriculture as main profession. It also analyses, female are least involved in agriculture than the male as main profession since they are compel to shoulder almost all domestic works as housewives. Around 1.71 percent are occupied in service as their main profession. Students are 33.05 percent.

TABLE 11: LEVEL OF EDUCATION BY GENDER Both of Percentage Percentage Qualification Male Female Total percentage (%) (%) (%) Illiterate 35 18.04 39 24.84 74 21.08 Sign only 36 18.56 28 17.83 64 18.23 Primary 57 29.38 45 28.66 102 29.06 Secondary 34 17.53 31 19.75 65 18.52 SSC 6 3.09 3 1.91 9 2.56 HSC 6 3.09 5 3.18 11 3.13 Madrasha 8 4.12 2 1.27 10 2.85 Diploma 0 0.00 1 0.64 1 0.28 LLB 1 0.52 0 0.00 1 0.28 BA/ BSS/BSC 8 4.12 2 1.27 10 2.85 MA/ MSS/MSC 2 1.03 0 0.00 2 0.57 MBBS 1 0.52 1 0.64 2 0.57 Total 194 100.00 157 100.00 351 100.00 Source: Lama SES, July 2016 by Taungya

40. In the table 11 education of the affected area is elaborated and it shows that the overall educational situation is better than other project with only 21.08 percent of illiteracy rate.

TABLE 12: LEVEL OF HOUSEHOLD INCOME (YEARLY) Level of income Number of household Percentage (%) Above 1,80,000 16 20.25 1,20,001- 1,80,000 21 26.58 60,001- 1,20,000 23 29.11 Below 60,000 19 24.05 79 100

Source: Lama SES, July 2016 by Taungya

41. The table 12 shows a scenario of income of the affected households. Out of the 79 AP households, 16 household have the income more than TK. 180,000. About 21 have income below TK. 180,000, 23 have income below TK. 120,000 and 19 households have income below TK. 60,000 per annum.

V. RESETTLEMENT POLICY FRAMEWORK

A. CHT LAND ADMINISTRATION FRAMEWORK

42. Many of the laws that apply to the rest of the country, including the code of civil procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land Acquisition Ordinance, 1982 do not apply to the region. The CHT Regulation of 1900 is the single most important law for the CHT. The Regulation functions as of constitutional legal instrument and vet the application of other laws that apply to the region, among others, by Specifying the nature and extent of application of those laws. Other special laws that apply to the CHT include the CHT Land Acquisition Regulation,1958, the Hill District Councils Acts of 1989, the CHT Regional Council Act of 1998 and the CHT Land Disputes Resolution Commission Act of 2001.

43. The Acquisition and Requisition of immovable property Ordinance (ordinance II of1982) and its Subsequent amendments in 1993 and 1994 provide the current legal framework in Bangladesh outside the CHT Governing land acquisition for public purposes. The 1982 Ordinance coverts all cases of acquisition and requisition of immovable property (i.e. Land, crops, and built structures) for any public purpose or in the public interest. The Ordinance does not cover project APS without title or ownership records, such as uthulies (informal settlers/squatters/encroachers), or Khas land cultivators. Further, in most of the cases the compensation paid does not constitute market or replacement value of the property acquired.

44. Land acquisition in the CHT is under a different legal Framework from the rest of Bangladesh. The CHT has had the status as a special region since the British period. Most of the land in the CHT belongs to the Government either as Reserve Forest (RF) or as Unclassified state Forest (USF).The Chittagong Hill Tract Regulation 1 of 1900 was the sole legal instrument for the governance and administration of the CHT. Under the regulation the DC could reoccupy land even though settlement of the same might have been given earlier. The regulation prescribed payment of compensation for various interests in the case of land acquisition.

45. With the impending Kaptai hydro project dam construction, the Government found it expedient to clarify the government’s authority for acquisition of a huge tract of land that would be inundated, the Government replaced parts of the CHT Regulation 1 of 1900 with the CHT (Land Acquisition) Regulation ,1958,which remains as the most important legal instrument for the government with regard to land acquisition in the CHT(see appendix B for an unofficial translation the regulation). After the PA of December 2,1997 between the Government and the PCJSS, several provisions of the local Government Acts of 1989 were amended, so that the Government cannot acquire land owned by an individual as per CH`T Regulation 1 of 1900 or under any rules of the Regulation without consultation with the HDC (Section 64).It is also equally important to note that no prescribed rules were developed to describe how the Land Acquisition

Ordinance, 1958 would be applied in day to day land acquisition cases in the CHT. So in absence of such developed rules under CHT Land Acquisition Ordinance 1958, the land Acquisition Ordinance 1982 is applied to the CHT as well as to the rest of Bangladesh.

B. ADB’S INVOLUNTARY RESETTLEMENT POLICY

46. The ADB’s 2009 Safeguard Policy Statement (SPS) summarizes involuntary Resettlement safeguards, as follows:

1. SPS INVOLUNTARY RESETTLEMENT SAFEGUARDS

Objectives: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.

Scope and Triggers: The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (Loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of:

 Involuntary Acquisition of land, or  Involuntary restrictions on land use or on access to legally designated parks and protected areas  It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

SPS principles:

 Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including the gender analysis, specifically related to resettlement impacts and risks.  Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations.  Inform all displaced persons of their entitlements and resettlement options  Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs.  Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous People, and those without legal title to land, and ensure their participation in consultations.  Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns.  Support the social and cultural institutions of displaced persons and their host population.  Where involuntary impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

 Improve , or at least restore , the livelihoods of all displaced persons through  Land- based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods.  Prompt replacement of assets with access to assets of equal or higher value.  Prompt compensation at full replacement cost for assets that can’t be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.  Provide physically and economically displaced persons with needed assistance , including the following:  If there is relocation, secured tenure to relocation land , better housing at resettlement sites with comparable access to employment and production opportunities , integration of resettled persons economically and socially into their host communities , and extension of project benefits to host communities  Transitional support and development assistance , such as land development , credit facilities , training , or employment opportunities; and extension of project benefits to host communities  Transitional support and development assistance, such as land development, credit facilities, training, or employment; and  Civic infrastructure and community services, as required.  Improve the standards of living of the displaced poor and other vulnerable groups; including women, to at least national minimum standards, In rural areas provide them with appropriate income sources and legal and affordable access to adequate housing  develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlements will maintain the same or better income and livelihood status  Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets  Prepare a resettlement plane elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time bound implementation schedule  disclose a draft resettlement plane, including documentation of the consultation process In a timely manner, before project appraisal, in an accessible place and form and language (s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders  Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.  Pay compensation and provide other settlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.  Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports

C. CHTRDP-II'S LAR POLICY

47. In 2007 draft National Policy on Resettlement and Rehabilitation (NPRR) was prepared under the Ministry of Land with the help of an ADB Technical Assistance (TA) Loan. The NPRR is designed to address and mitigate both Project and Non-Project, i.e. river erosion and slum eviction, induced impacts and displacement with provision for appropriate assistance and rehabilitation. The NPRR is based on the premise that for achieving overall socioeconomic development it is imperative to safeguard the interest of those affected who cannot absorb the risks and costs of national development. This policy is still in the process of evaluation and approval by the Government. As a result the 1982 Ordinance is still being followed for all the cases of land acquisition and requisition throughout Bangladesh, with the exception of the CHT, where the CHT (Land Acquisition) Regulation, 1958 applies.

48. In the absence of an approved Government policy consistent with the ADB’s recent 2009 SPS, this Project-specific land acquisition and resettlement framework (LARF) has been prepared. The LARF will apply to this subproject and approved under the project. This will ensure that APs impacted by land acquisition – whether it is owned land or occupied through formal or informal agreement or without any title or agreement – will be eligible for appropriate compensation covering replacement value of their assets.

49. The LARF reflects the Government land acquisition laws/regulation as well as the ADB’s recent SPS, which covers environmental, involuntary resettlement and IP polices. The LARF stipulates eligibility and provisions for all types of losses, including land (and in this Project, IP Common Land), crops, trees, fisheries and fish ponds, structures, business, employment covering (workdays and wages) and social infrastructure.

50. ADB policy requires that APs and affected communities will be compensated and assisted through replacement of acquired land, property, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost as guided by the ADB’s SPS. In the continued absence of a national Resettlement Policy in Bangladesh, the SPS will form the basis for the project’s LARF.

51. This LARF has been adopted to provide guidance on the project’s resettlement and rehabilitation issues in one sample subproject, and this will be a model for all future subprojects to be prepared for this ADB –financed Project. This will ensure that persons affected by land acquisition – whether titled or non-titled will be eligible for appropriate compensation/resettlement benefits. Persons having no legal title but using the land – if acquired for the Project use – will be provided with compensation and resettlement benefits for structures and assets. The customary rights to land and physical property will also be recognized for: IPs using any forest or Khas land; for lessees of homestead, agriculture and commercial land; sharecroppers, and renters of land and structure.

Compensation will also be extended to APs for loss of any asset including structures, fences, trees, plants or crops.

52. The LARF also endorses an income restoration plans for SAPs. In addition to income restoration and cash assistance, the LARFs will include opportunities for Income Generation Activities (IGAs). SAP preferences for IGAs will be assessed prior to designing these income restoration measures provided for eligible SAPs involuntarily displaced from their homes, losing more than 10 percent of their assets or income sources, and including non-titled persons affected by the Project, will receive priority access to the IGAs. The Project’s Micro Agribusiness Development (MAD) will provide opportunities for SAPs to chose IGAs appropriate to their situation. MAS’s objective will be to increase the income of poor households, with SAPs receiving priority through LARP budgetary provisions in addition to the existing MAD budget, by promoting the development of market-driven micro agribusiness in four selected products, namely; (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market facility development (to be financed under the rural roads component of CHTRDP-II) and action research on potential high-value crops such as leaf. Other options may be offered through NGOs, such as in nurseries and livestock.

53. The Project’s resettlement planning and implementation will be carried out in full consultation with the APs, and all efforts will be made to minimize disruption during Project implementation. AP’s preferences will be taken into account in the selection of alternative relocated sites (if any). A census will be conducted once the details of subproject works have been identified. The date of the census will become the Cut-Off Date for resettlement benefits and any encroachers or informal settlers after the date will not be CHT 1958 LA Regulation, notification by the DC under Section 3 of the 1958 Ordinance, will constitute the Cut-Off Date.

54. In summary, the LARF will establish a dual process of acquiring land for the roads. One process will be through CCL by DC Office following the CHT LA 1958 Regulation with the Hill District Council Act of 1998 amended so that the Government cannot acquire land owned by an individual, as per CHT Regulation 1of 1900, without consultation with the HDCs.

55. The other process, established through precedence over several decades addresses the gap between the legal framework for land acquisition in Bangladesh (and in this case in the CHT) and ADB’s IR Policy, originally established in 1995 and in 2009 supplanted by the Safeguards Policy Statement (SPS), which combines environment, resettlement and IP safeguard policies. This provides for grants, such as “top up” land and structure payments under CCL to market price/replacement levels, payment for shifting costs, grants for vulnerable APs (women headmen households, IPs, among others), and Income Restoration Plans for Severely Affected Persons (SAPs) losing more than 10 percent of their land and/or shifting residents/ businesses.

56. In line with this latter process, the LARF will provide a grant for IP common land. This is in line with ADB’s SPS respecting IP customary and ancestral lands, as well as international IP conventions that Bangladesh is a signatory to. The LAR Framework outlines a process for verifying registered and unregistered IP common land through the customary land management based on the CHT Regulation I of 1900 that set up a land administration through Circle Chiefs, Headmen, and Karbaris. Grants for IP Common land will be awarded to IPs and non-IPs alike who have been certified by Headmen, Circle Chiefs and finally by the HDCs.

57. This process is necessary, as the CCL process does not formally recognized IP Common lands. Instead, it defines such ancestral lands as ‘Khas` or ‘Government` lands. In addition, the LAR, in this context, will define a consultation framework to obtain the free, prior and informed consent of affected IP groups where the project necessitates the acquisition of ancestral lands of IP groups which will lead to physical displacement of such groups or individuals. As shown in the due diligence visits described above, such displacement has already occurred under CHTRDP-I and will doubtless occur under CHTRDP-II. The LARF also defines grievance redress processes for both CCL titled land payments and for IP Common land grants.

D. OBJECTIVES OF THE LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)

58. The land Acquisition and Resettlement plan (LARP) has been prepared taking into account the findings of the sample survey data, field visit and meetings with different level of stakeholders and FGD. The LARP identifies:  The extent of losses  The policies and legal framework applicable  Provisions made for compensation payment and income restoration programs  provision made for facilitating/ helping the SAP, indirectly affected persons in reestablishing their incomes  Responsibilities of Chief Resettlement Officer (CRO), District Resettlement Officer (DRO) and others in delivering and monitoring the implementation measures.

E. LAR ENTITLEMENTS

59. An Entitlement Matrix has been prepared on the basis of currently known impacts (Table 12). It identifies the categories of impact based on surveys carried out in the four subproject areas and shows the entitlements for each type of loss. This entitlement matrix will be applicable for this subproject where ever it is applicable or relevant. If new impacts are identified during implementation of LARPs for this subproject in future then such losses will be included in the entitlement matrix and the LARP will be the appropriately revised.

60. By following the Project’s LAR policy all the affected people irrespective of their legal status will be compensated for any kind of loss caused due to project implementation. The customary right to the property of the IPs will be ensured. The losses will cover loss of property (land, structure, trees, crops, common property resources and others),

livelihood and other unanticipated losses. They will receive compensation at replacement rate as assessed by the census and Socio Economic Survey (SES), Land Market Survey (LMS), Structure Replacement Value Survey (SRVS) and Tree Valuation Survey (TVS). Based on these survey data and through own assessment, the Property Valuation Assessment Team (PVAT) will determine the Maximum Allowable Replacement Value (MARV) of the lost property.

61. In the project area two groups of people have been identified, IPs and Bengali people (those plain-landers who came before and after the 1980s to the CHT). The IPs have three kinds of land ownership: (1) Registered Land (from the DC) with proper documents; (2) Those who applied for registration long ago (here, in line with the ADB’s SPS, termed as ‘legalizable`); and (3) Common/Community Land used/ Owned through Customary/ Traditional bondobosti (lease) from the Circle Chief (CC) through appointed Headmen. The Bengalis who came before the 1980s have assimilated themselves with IPs to a great extend have more or less a similar kind of land ownership system as the IPs. On the other hand the Bengalis who came during and after the 1980s (locally called as ‘Settlers’) have legal papers of land ownership from the government. Some of them are enjoying their legally registered land, but many are unable enjoy their land, which was in fact IP common land, categorized by the government as ‘Khas’ Land. Through security concerns, many of them are squatting on other more accessible and unprotected Khas land or have engaged in ‘land grabbing’, taking IP land without either Government or any other permission. In many of the above cases the Bengali ‘Owned’ land through Government document, given through the 1980s ‘transmigration’ program supporting lowland Settlers who moved to the CHT, is simultaneously claimed by IPs through tradition/customary rights outlined in the above LARF sections.

62. In the Entitlement Matrix, all the issues have been addressed by identifying nature and categories of losses, identified the Entitled persons (EPs) through proper definition, their entitlements for the losses. The matrix describes the units of the entitlements for compensating the lost assets, and various resettlement and rehabilitation benefits. The matrix also addressed the implementation issues step with corresponding responsible organizations to implement that.

63. The DC will compensate CCL according to the GOB’s regulations for loss of property on registered land with approval of HDC; and an additional grant will be paid by PMO/HDC through the NGO to cover the MARV. The PMO/HDC will also provide grants through the NGO to APs who do not own registered land but have customary/ traditional leased land registered by the Headman/Circle Chief. The PMO/HDC will also provide grants to squatters/informal/settlers/encroachers or APs/SAPs without any legal status according to GOB ordinances if they are confirmed by project census as users of the acquired land.

64. The Entitlement Matrix also addressed loss of access to income, livelihood and common property resources or any utility services by the APs/SAPs. The HDC will take appropriate measures to restore lost livelihood through providing training or other

appropriate support for the APs/SAPs. Special attention has been given in the Entitlement Matrix for the vulnerable APs/SAPs, including female headed households, marginalized IPs, families with disable members, and others. Vulnerable HHs will qualify for additional assistance/grant, as specified in the entitlement Matrix.

65. All APs will be entitled to compensation and resettlement assistance based on severity (significance) of impacts. nevertheless, eligibility to receive compensation and other assistance will be limited by the cut-off date for compensation under law (Ordinance II of 1982 and its 1994 amendments) is considered for those identified on the project ROW acquisition at the time of serving of notice under Section 3 or joint verification by DC and the Requiring Body (RB), in this case the HDCs, whichever is earlier. The cut-off Date eligibility for resettlement assistance/grant under this LARF is the commencement date of the census for a given subproject. The absence of legal title will not bar APs from compensation or grants, as specified in the entitlement Matrix below.

66. Entitlement Matrix of the LARF of CHTRDP-II endorses 17 kinds of Entitlements in terms of related losses. Out of these entitlements, serial number 1, 2, 7, 8, 9 and 14 will be mostly applicable for this project and accordingly an entitlement matrix has been prepared with applicable entitlements. The prepared matrix is in the table -13.

TABLE 13: ENTITLEMENT MATRIX AND RESPONSIBLE IMPLEMENTATION AGENCIES SL Definition of Entitled Implementation Nature of Loss Entitlements Implementation Issues No Person (EP) Responsibility

Loss of Registered Legal owner of the land i. Replacement land or a. Assessment of quantity and quality of land a. DC, Hill District Land with proper at the time of serving ii. Cash Compensation under Law b. Assessment of Market Value Council (HDC) document notice under Section 3 of (CCL), Market Value assessed by c. Assessment of MARV by Land Market b. DC, HDC Deputy Commissioner (DC) plus Survey (LMS) c. HDC, (Agriculture, LA Laws premium as per Law, and d. Title updating Resettlement- Commercial, Indigenous People (IP) iii. Additional grant to cover Maximum e. Payment of CCL NGO (R-NGO) Homestead, Hill, /Bengali migrants came Allowable Replacement Value f. APs will be fully informed of the d. DC, HDC Jhum land, Pond, after 1980s (MARV) of land entitlements and procedures regarding e. DC, HDC Orchard) iv. Stamp duty to facilitate land payment f. HDC, R-NGO 1 purchase g. Additional cash grant to cover the g. HDC, R-NGO v. Compensation for standing crops Replacement Value (RV) of land will be h. Chief assessed by DC/ Property paid before or /during vacating the project Resettlement Valuation Assessment Team site (even before receiving CCL, if Officer (CRO), R- (PVAT) necessary) NGO vi. Land development cost for h. Stamp duty will be due to an EP @7% of homestead loser (if applicable) the MARV to facilitate in purchasing i. DC, HDC assessed by PVAT alternate /replacement land i. Compensation for standing crops from DC Loss of Land applied Legal owner(s) of land i. As 1 if DC can declare the land a. Assessment of quantity and quality of land a. DC, HDC for registration long (DCs in case of legalizable, b. Assessment of Market Value b. DC, HDC ago (legalizable) with identifying legalizable c. Assessment of MARV by LMS c. HDC/R-NGO d. Title updating d. DC, HDC proper document after verification) e. Payment of CCL e. DC, HDC (Agriculture, f. APs will be fully informed of the f. HDC/R-NGO Commercial, Indigenous People (IP) entitlements and procedures regarding g. HDC/R-NGO 2 Homestead, Hill, /Bengali migrants came payment h. CRO /R-NGO Jhum land, Pond, after 1980s g. Additional cash grant to cover the RV of i. DC, HDC Orchard) land. h. Stamp duty will be due to an EP @7% of the MARV to facilitate in purchasing alternate /replacement land i. Compensation for standing crops from DC Loss of Homestead/ Legal owner of the land i. CCL a. Assessment of no. and quality of a. DC, HDC 3 Commercial and at the time of serving LA ii. Additional grant to cover RV of the structure Other Infrastructure notice Section 3 as structure b. Assessment of market value b. DC, HDC iii. Transfer Grant (TG) @ 12.5% of c. Assessment of MARV by LMS

SL Definition of Entitled Implementation Nature of Loss Entitlements Implementation Issues No Person (EP) Responsibility

by Owner (Registered recorded in the LA award the value of non-masonry (kutcha) d. Title updating c. R-NGO/HDC- land) Book and semi-puccaa nd 5% for e. Payment of CCL CRO masonry (pucca ) structure f. APs will be fully informed of the d. DC assessed by PVAT entitlements and procedures for getting e. DC iv. Owner will be allowed to take all those salvageable materials (free of cost) g. Additional grant to cover the MARV of f. R-NGO, HDC- without delaying the project work the structure CRO v. Re-Construction Grant (RCG) @ h. Allowed to take away the salvageable 12.5% of the value of all structures i. TG @ 12.5% or 5% of the assessed g. HDC-CRO/R- assessed by the PVAT for titled value of the structure NGO owners j. RCGs @ 12.5% of the assessed value h. HDC-CRO/R- vi. Special assistance for Female of the structure NGO Headed/Vulnerable k. Special Assistance to Female Headed Households/smaller IP groups @ Households/Smaller IP Groups by Tk 2,000, Tk 3,000 and Tk 5,000 category of the structure i. HDC-CRO/R-NGO for kutcha, semi-pucca and pucca l. Homestead loser will be eligible to get structure Homestead Development Grant j. HDC-CRO/R-NGO vii. Land/Homestead Development m. Special assistance to Vulnerable Grant (LDG/HDC) assessed by Households with disabled family member k. HDC-CRO/R- PVAT (if applicable) NGO viii. Special Assistance of Tk 5,000/ for Vulnerable Households having l. HDC-CRO/R-NGO disabled member in the family m. HDC-CRO/R- NGO Loss of Access to any Farmers, tenants and i. Grants for Transition Allowance a. Individuals identified by the census/SES a. INGO, HDC Cultivable Land /pond sharecroppers of the equivalent to one year's net as farmer, tenant or sharecropper of land by Farmers, Tenant/ land under contract as income from the cultivable land to b. Cash grant as determined by assessment b. HDC- CRO/R- farmer, tenant/ sharecropper, will be paid after taking possession of the Sharecroppers identified by the SES to NGO based on Current Market Value land 4 including cultivators be compensated during (MV) assessed by PVAT of the c. The land owner (registered/leased in of communal land implementation of LARP crops/fish from headman) certifies the tenancy c. R-NGO HDC d. SES will identify the farmer (cultivator of common land), tenant /share cropper and endorsed d. R-NGO/ HDC Loss of Persons with ownership i. Market price of the tree as CCL i. Assessment of loss and market value of a. HDC/R-NGO- Trees/Perennials on of the land (registered) determined by DC with assistance the loss CRO 5 registered land where the trees are from other relevant agencies located and crops are ii. Additional Grants to cover MARV ii. Payment of Cash Compensation for the of the tree, based on productivity losses. b. HDC /RNGO- grown at the time of

SL Definition of Entitled Implementation Nature of Loss Entitlements Implementation Issues No Person (EP) Responsibility

taking possession for the and age of trees and value of the CRO project fruit assessed by PVAT iii. Additional 30% of assessed value iii. Additional cash grant to cover the RV of as compensation for fruit bearing the lost tree/perennials (if necessary for trees with timber registered land owner) c. R-NGO/HDC iv. One time crop of each grown up iv. owner will be allowed to fell and take the tree (like banana tree) tree and fruits, after payment of v. Tree losers will be encouraged to compensation plant more trees by providing 5 saplings free of cost to each affected households. Loss of Business by Owner/Operator of the i. Business Restoration Grant (BRG) a. All persons recorded by the SES a. R-NGO/HDC shops/business business as recorded by to owners, renters and b. Cash grant to be paid before leaving the 6 owners due to the SES leaseholders assessed by PVAT project land ii. Non tilted shop owners above the dislocation b. HDC- poverty line will not be eligible for CRO/INGO business restoration grant

VI. COMMUNITY CONSULTATION AND PARTICIPATION

A. COMMUNITY CONSULTATION AND STAKEHOLDERS’ PARTICIPATION

67. The entire LAR process, from gathering relevant data for impact assessment, and facilities and development of appropriate options for resettlement of the affected people, has been carried out with extensive consultation and participation of the APS, SAPS and others relevant institutional stakeholders. For the purpose of elaborating of the present LARP, a number of such consultation meetings were held, as detailed in the Annex - 2 which shows the schedules and contents of discussion with the stakeholders.

What is Free, Prior and Informed Consent (FPIC)?

 FPIC Is a decision-making process: – Free : does not involve intimidation, coercion and/or manipulation; – Prior: decision is made before initiatives/activities are undertaken; – Informed: All relevant issues and potential impacts – positive of negative – are clearly understood by the affected peoples/persons; – Consent: Based on the above, to say ‘Yes’ or ‘No’ to any activity, programme or policy  FPIC is an emerging international standard but surely, it is not a new concept.

68. The consultations followed the principles of ‘free, prior and informed consent’ (FPIC) by which the APs and SAPs were provided the relevant information beforehand and subsequently invited to give their opinions and finally, consent.

FIGURE 4: CONSULTATION MEETING AT HEADMAN PARA, FAITHONG, LAMA, BANDARBAN.

69. These principles will be followed during the implementation of the LARP and throughout implementation of CHTRDP II’s LAR related activities. This will include planning and implementation of LAR related activities, monitoring, grievance redress and as well as information disclosure.

B. INFORMATION DISCLOSURE

70. A summarized version of the LARP will be printed as a booklet in Bengali and disclosed to the APs/SAPs once the cut-off date is established. Given that a significant number of the APs and the neighboring communities are not able to read in Bengali, special group discussions will be held with the APs and the communities in presence of the community elders/leaders. Finally, the LARP will be hosted on the ADB/CHTRDP website for public access and scrutiny.

VII. GRIEVANCE REDRESS MECHANISM

71. A GRC will be formed at the district level as outlines in the above-mentioned MoCHTA's Executive Order and the project’s LAR Guidelines. The GRC will receive grievance cases from the APs and SAPs through the NGO and give deliberations to resolve resettlement and compensation issues. However, the grievance cases will be heard at first at a local – Union – level at an Alternative Dispute Resolution Forum (ADRF) formed for the purpose of CHTRDP II. In all hearings – ADRF or GRC – the R-NGO will arrange the presence of a legal adviser as an observer and also to facilitate and support the APs in finding a solution to the cases of grievances.

72. If a case of grievance is not resolved at the ADRF and GRC level, this will be referred to the project’s Resettlement Advisory Committee (RAC), although all through the process the APs/SAPs will have the right to seek appropriate recourse before a competent court of law of Bangladesh.

73. The representative of the NGO, as the member secretary of the GRC, upon receipt of complaints, wills organize a GRC hearing. All grievance cases submitted before the GRC will be settled within fifteen (15) days of receiving the complaints from the AP.

74. The composition, role and functions of the GRC, RAC and ADRF is provided in the subsequent sections of this document on pages 50-52 which is validated through the MoCHTA Executive Order (Ref. No 29.226.014.00.00.203-2013-462). The overall GRC mechanism is provided in the flow chart next page-35.

FIGURE 5: GRIEVANCE REDRESS MECHANISM Three Tiers of Redress Mechanism

Aggrieved Person

ADRF Composition 1. Headman/UP Chairman, Application Chairperson Submitted to ADRF 2. Karbari 3. Female Ward Member through R-NGO 4. One Female elite 5. One male elite

Not Mitigated Mitigated

GRC Composition

1. Chairman or Representative, HDC, Chairperson Forwarded to GRC with a 2. Representative, DC Office 3. Land Officer, HDC, Member copy of verdict of ADRF 4. NGO representative, Member Secretary 5. Representative, UP, Member 6. 2 Representative of the APs, Members (at least 1 being a woman

Not Mitigated Mitigated RAC Composition 1. Honorable Chairman or Representative CHTRC, Chairperson 2. Representative, MoCHTA, Member 3. Honorable HDC Chairmen of the 3 Forwarded to RAC Hill Districts or their nominated with a copy of councilor as representatives, Member verdict of GRC 4. Deputy Commissioner of the 3 Hill Districts or their nominated representatives, Member 5. 3 Circle Chief, Member

Not Mitigated Mitigated

Aggrieved Person may take shelter to the formal court of law

VIII. LARP (SAFEGUARD ISSUES) IMPLEMENTATION ARRANGEMENTS

75. MoCHTA is the Executive Agency for the project with CHTRC having the responsibility of implementing Agency. The office of the Project Director is established within CHTRC with responsibility for the overall management and coordination of the project. A Safeguard and Quality Monitoring Cell (SQMC) has been already established in the office of the Project Director with the following two-fold reporting responsibilities: (1) to the Project Director; and (2) independently to ADB. The role of the SQMC will be to ensure that the project is implemented with due concern for safeguards and quality and, specifically to ensure that these issues are adequately addressed to the requirements of ADB.

76. The failure to adequately address any safeguard or quality aspect will cause the Project Director to withhold the disbursement of funds to the defaulting agency until such time the process to rectify the fault is put in progress.

77. The Project Director will disburse funds in separate directions: (i) to LGED for the implementation of the Roads and Market Component; and (ii) to each project sub-office, established in each of the three HDC offices. Implementation arrangement is shown in the Figure next page.

78. In implementing this component, LGED will require to:

 Satisfied the financial audit requirements of ADB;  Satisfy all safeguard requirements of the Government and ADB in terms of: LAR, Gender, IPs, and the environment;  Meet quality standards for design and construction as required by the Government and ADB;  CHTRC will subcontract Upazila and Union Road design to well qualified private engineering firms having capacity to meet international design standards;  Seek CHTRC approval, through the Project Director, for the alignment of proposed union and Upazila roads at the preliminary planning stage;  Allow access to the personnel of the SQMC to scrutinize and aspects of proposed, ongoing, or completed work, at the time; and  Provide information on progress to the Project Director on a monthly and quarterly basis in a format and on a schedule to be determined.

FIGURE 6: PROJECT IMPLEMENTATION ARRANGEMENT

79. The overall implementation of the LAR activities involves a range of committees and stakeholders, as outlined in detail in the CHTRDP II’s LAR Guidelines which is approved by the above-mentioned MoCHTA Executive Order. This is also applicable to the implementation of the present LARP for the ‘Baniarchar-Gozalia Road’. The Committees and Institutions involved are;

Key Institutional Stakeholders in the LAR Guidelines Implementation

Oversight and Policy Guidance & Backstopping

 Local Government Engineering Department (LGED)  District Project Management Office (DPMO)  Hill District Council (HDC)  Project Management Office (PMO)  CHT Regional Council (CHTRC)  Ministry of CHT Affairs (MoCHTA)  Safeguard Quality & Monitoring Cell (SQMC)  Project Implementation Consultant (PIC) Specific to Implementation of LAR Activities

 Resettlement Advisory Committee (RAC)  LAR Assessment/Estimation Committee (LARAEC)  Property Valuation Assessment Team (PVAT)  Alternative Dispute Resolution Forum (ADRF)  Grievance Redress Committee (GRC)  Non-Government Organizations (NGOs)  Office of the Deputy Commissioner  Office of the Circle Chief and Headmen

A. LARP IMPLEMENTING ORGANIZATIONS

80. MoCHTA, through the CHTRC and the HDCs, has overall coordination, planning, implementation and financing responsibilities. The Project Director or a person nominated by him will serve as Chief Resettlement Officer (CRO) for the purpose of execution of the present LARP. The CRO is responsible for the supervision of the implementation work, with the help of HDC and the R- NGO. The CRO will be assisted by the District Resettlement Officer in each Hill District, to be nominated by the Project Director.

A.1. OVERSIGHT AND POLICY GUIDANCE & BACKSTOPPING

Local Government Engineering Department (LGED)

81. LGED is the implementing agency of the Rural Road component of CHTRDP-II. Although, it has an autonomous setup for the implementation of the component, it reports to the CHTRC and PMO and its representatives also sits in the various project implementation committees; NPSC, RCC and DCC.

82. As regards the implementation present LARP, the involvement of LGED has the most pivotal role which will necessitate close coordination with LGED between the other stakeholders in the implementation, the most important being with the PIC, NGO, DPMO and PMO.

District Project Management Office (DPMO)

83. The office of the Deputy Project Director (DPD), located in each of the hill districts is responsible to supervise, guide and monitor all CHTRDP-2 activities at the district level. The DPD reports to the PMO and Hill District Council (HDC) on all aspects of the project. Besides, it also is responsible for liaison and coordination, inter alia, the project NGOs and other support committees, within their respective district and supervises the activities of the NGO subcontracted for the LAR activities.

Hill District Council (HDC)

84. HDCs are the main institutional stakeholders for the implementation of CHTRDP II at district level, including for the LAR activities. It hosts the District Coordination Committee (DCC), chaired by the HDC chairman and the CHTRDP-2 District Project Management Office (DPMO). The HDC a member of the Resettlement Advisory Committee (RAC) and plays a crucial role acquisition of land and most importantly, in the payment of compensation and rehabilitation of the APs. Finally, the HDCs are key focal institution at the respective district level for property valuation assessment, grievance redress and in that role, steers the PVATs, ADRFs and the GRCs.

FIGURE -7: RESETTLEMENT ORGANIZATION CHART

Project Management Office (PMO)

85. The Project Management Office (PMO), headed by the Project Director (PD), is the ‘nerve centre’ for the implementation, management and technical backstopping of the project under the overall supervision and tactical guidance of the CHT Regional Council/ RCC and the Ministry of CHT Affairs/NPSC, within the overall framework of the RRP, DPP and PAM. The PMO, though the DPMO, initiates as LAR activities as required by the project and is responsible for the appropriate compensation, rehabilitation and grievance redress of the APs as per the project’s LAR guidelines and in overall reference to ADB’s SPS and the relevant laws of Bangladesh.

In addition, the Project Director or his nominated representative assumes the role of the Chief Resettlement Officer (CRO).

CHT Regional Council (CHTRC)

86. CHT Regional Council is the lead implementing agency of CHTRDP II and the honorable Chairman is the ex-officio Chairman of the Regional Coordination Committee (RCC). Similar to NPSC, the RCC is composed of members from relevant government agencies and department and CHT representatives is responsible for the overall coordination and management of day to day implementation of the project, carried out by i) The Hill District

Councils (HDCs), ii) Local Government Engineering Department (LGED), iii) the Project Management Office and (iv) Participating NGOs.

87. As regards execution of LAR activities, the CHTRC leads the RAC and also plays a major in the redressing of grievance from the APs. It also plays an important role in policy guidance to the PMO and the other stakeholders.

Ministry of CHT Affairs (MoCHTA)

88. The Ministry of CHT Affairs is the Executing Agency and chairs the National Project Steering Committee (NPSC) with the honorable Minister or his designated officer serving as ex-officio Chairperson of the committee. The NPSC include as members, representatives from various relevant government ministries and agencies and as well as CHT Regional Council and Circle Chiefs with the Project Director, PMO, CHTRDPII as the Member-Secretary. The key responsibility of the NPSC includes:

 Overall co-ordination and management of the project at the national level including coordination with donors and Government agencies;  Ensuring timely budgetary allocation to the Project Management Office (PMO) for the purposes of the project; and  Ensuring that necessary national level approval is timely obtained for the carrying out the project.

89. As regards LAR, MoCHTA’s role is crucial. It issues the requisite policy and legal orders in the form of government circular and ordinance to legally sanction the LAR activities and where, such orders/ordinance requires the involvement of other agencies of the government, it ensures the necessary facilitation and mobilization. Most importantly, MOCHTA issued the EO (already mentioned above) to give administrative sanction to the CHTRDP II’s LAR activities.

Safeguard Quality & Monitoring Cell (SQMC)

90. The SQMC is an Independent entity comprising two national consultants who will ensure that the Project is implemented with due concern for safeguards and quality and specifically to ensure that the following issues are adequately addressed in accordance to the respective ADB policies and guidelines related to

1) compensation for land asset acquisition; 2) compensation for loss of income; 3) continuing tenure of land by the original users; 4) gender; 5) indigenous people; 6) environment, and 7) quality of work necessary to ensure sustainable outputs.

Project Implementation Consultant (PIC)

91. The scope of PIC’s consulting services is to provide technical advice and supervision for overall project implementation. In the context of the LAR activities, the principal support of the PIC with the RS as lead includes, among others:  Provide overall technical and management support to the PMO, DPMOs, HDCs, R- NGOs with field visit and PDCs for all land acquisition and resettlement issues.  Support the R-NGO and DPMO in preparing the LARP and in the case of CI component, DDRs  Assist the DPMO, PMO and HDCs in the grievance redress to the APs and for this, formulating the requisite tools and mechanisms, including on ADRs.  Prepare the requisite guidelines, formats and templates on LAR to be used by the R- NGO, DPMO and PMO.  Review initial procurement documents and contracts for all civil works, goods and labor services to ensure their conformity with the guidelines and regulations of ADB and GOB. Assist PMO, DPMOs, R-NGOs and LGED in procurement procedures;  Provide technical backstopping as requested by the PD, DPDs, HDCs, R-NGOs and LGED at all stages and levels of implementation, from conceptualization, assessments of proposals, design, review of procurement procedures of goods, works and services, contracts, construction phase to completion, and post-completion O & M;  Provide top supervision for construction activities of the village/community infrastructure (by supporting R-NGOs).

A. 2. SPECIFIC TO IMPLEMENTATION OF LAR ACTIVITIES

Resettlement Advisory Committee (RAC)

92. The role of the Resettlement Advisory Committee (RAC principally comprises of providing policy guidance and support in the LAR related activities of CHRDP II. Occasionally, it may meet with cases of grievances from the complainants when the verdict of the GRC would require further scrutiny.

93. The RAC will sit as and when require and will be composed of the following;

 Honorable Chairman or Representative CHTRC, Chairperson  Representative, MoCHTA, Member  Honorable HDC Chairmen of the 3 Hill Districts or their nominated councilor as representatives, Member  Deputy Commissioner of the 3 Hill Districts or their nominated representatives, Member  3 Circle Chief, Member  LGED, Member  Project Director, Member Secretary

LAR Assessment/Estimation Committee (LARAEC)

94. The primary task of the LARAEC will be to carry out exhaustive survey of the overall LAR requirements based on the design of the sub-projects or the Rural Roads by LGED. The presence of the two-thirds of the members will be necessary for making any decision with the presence of the Chairperson and the Member Secretary as mandatory. The LAR Assessment/Estimation Committee (LARAEC) is composed of the following;

 HDC Chairman or representative, Chairperson  LO, HDCs for their respective District, Member  Land Acquisition Officer, Concerned DC office, Member  Representative, Headmen Association for the respective district, Member  Representative, UP Chairmen Association, Member  Representative, DPMO, Member  Representative, LGED (for RR only)  Representative, LAR NGO, Member Secretary

The committee is set up in each of the Hill District.

Property Valuation Assessment Team (PVAT)

95. The PVAT determines the Maximum Allowable Replacement Value (MARV) on the basis of the Entitlement Matrix (page-36) for immovable and movable assets such as land and structures by type, and tree, saplings on the lands to be acquired under the project. The project’s Property Valuation Assessment Team (PVAT) is formed with the following;

Representative, HDCs, Chairperson Representative, Headmen Association/Concern Headman, Member Land Acquisition Officer, DC Office Representative, PMO/DPMO, Member Representative, LGED, Member Upazila Chairman/Representative, Member UP Chairmen, Members Representative of R-NGO, Member Secretary

96. In addition, the PVAT may include further members from appropriate relevant government agencies or representative institutions of the indigenous peoples’ communities. The committee members, all together, take such decisions if deemed necessary.

FIGURE 8: PROPERTY VALUATION ADVISORY TEAM (PVAT) PROCEDURE OF DETERMINING VALUATION

Alternative Dispute Resolution Forum (ADRF)

97. During LAR implementation, in case of contested claims and grievances, the issues will be tried to be addressed locally through informal methods, broadly known as Alternative Dispute Resolution (ADR).

98. The ADRFs will be composed of 3-5 members with generally the Headman as Chairperson of the committee. However, in cases where pertinent, the Headman may be substituted by the UP Chairman or other appropriate local level leaders in that role. The LAR NGO, together with the NGOs sub-contracted for community mobilization will pay the relevant facilitation role under the overall guidance of the Resettlement Specialist in the PIC and the PMO/DPMO. The other members to the ADR forums will be drawn from the community level under the overall facilitation of the LAR NGO. However, in all such cases the composition of the ADRFs will be limited to 3-5 members which include the Chairperson too.

Grievance Redress Committee (GRC)

99. The composition of the GRC is as follows;  Chairman or Representative, HDC, Chairperson  Representative, DC Office  Land Officer, HDC, Member  NGO representative, Member Secretary  Representative, Headmen Association, Member  Representative, Union Parishad, Member  2 representatives of the APs, Members (at least 1 being a woman)

100. The GRC has the power to resolve resettlement and compensation issues preemptive to their being addressed through the legal system. In this regard, it will be also assisted by the ADRFs and will receive grievance cases from the APs through the LAR NGO which the ADRFs earlier could not resolve effectively.

Non-Government Organizations (NGOs)

101. The NGO is responsible for facilitation and mobilization of the communities and the affected persons and serves in the various committees in the LAR implementation process. Its key responsibilities include;

 Facilitate and assist in the different steps of the LAR implementation process; from socio-economic survey to compensation, relocation and income generation  Facilitate in the redress of the grievances cases from the communities and the APS.  Formulate/prepare the LARPs under the overall guidance of the Resettlement Specialist and PMO/DPMO.  Facilitate the PMO/DPMO and other relevant institutional agents in the effective implementation of the LAR activities.

 Prepare an ‘information disclosure plan’ for each sub-project under the RR and take initiative for their proper dissemination and disclosure among all the relevant stakeholders and general public.  Set up pertinent monitoring formats, supervision and reporting mechanism and for the LAR activities with the full participation of the communities  Finally and most importantly, ensure the full participation and consultation of the communities and affected persons in the LAR activities by following the principles and modalities of the FPIC.

Office of the Deputy Commissioner

102. The DCs have the power to acquire titled land and to assess compensation of properties thus acquired. CHT law provides the power to the DC, who conducts the acquisition through the Land Acquisition Officer (LAO). The LAO or his/her appointed officers, along with HDC, PMO and R-NGO staff, will conduct a joint physical verification of property on the land in accordance with the LARP which will be prepared by R-NGO and submitted to PMO for their necessary review and onward transmission to CHTRC and ADB for further necessary action. The DCs are responsible for the entire acquisition process and compensation. HDC/R-NGO will liaise with the concerned DC office to complete the land acquisition process in a timely fashion.

Office of the Circle Chief and Headmen

103. The Traditional Institutions around of the office of the Circle Chiefs and Headmen still play a very important role in the areas of land and revenue administration, customary land rights and delivery of traditional justice to the communities in the CHT and which is recognized by law. Commensurate to this authority of the Circle Chiefs and the Headmen, community land/Individual grants for loss of lands will be verified by Headmen and Karbaris, with assistance from the R-NGO and Resettlement Specialist. Under this process, users of Community Land/Individual Land, whether registered or not, will be eligible for the grants, and the price of the land will be verified through the PVAT, as with the CCL process.

IX. COMPENSATION AND RESETTLEMENT BUDGET

A. COMPENSATION, RELOCATION AND INCOME RESTORATION

104. The compensation for the APs and SAPs is calculated as follows;

o Registered land: as per recorded price of the lands in the DC/UNO office duly certified the competent officials of these offices. In the cases where such land prices are not available, price of similar land in the vicinity is takes as the benchmark o Unregistered land – both customary ownership and land which are considered legalizable: On the basis of estimation by the concerned local headmen and which are further cross-checked by the local stakeholders including records, where available, of recent land sales and purchase. o Standing structures: standard rates of the Public Works Department (PWD) o Crops: Standard rates of the District Agriculture Office o Trees: Standard rates of the Department of Forest o Business: Those losing their business will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of their client base. They will however receive a business restoration grant which will be decided by the PVAT.

105. In addition to the above standard estimate, a premium according to government rates will be given to the APs and SAPs as part of Cash Compensation under Law (CCL). Further, the PVAT will decide on Maximum Allowable Replacement Value (MARV) to compensate for the market price of the lost assets of the APs and SAPs.

106. The CCL will be paid for the registered land, structures, crops and trees through the DC office following standard government rules. For the unregistered lands which are considered under customary ownership, a comparable process to the CCL will be adopted through the traditional institutions - Circle Chief, Headmen, and Karbaris, as ratified in the 1900 CHT Regulations – and the amount will be paid from the PMO by the HDC. The MARV, once decided by the PVAT, will also be paid by similar method by the HDC.

107. The SAPs will be provided with opportunities for Income Generation Activities (IGAs) with due consideration of their preferences CHTRDP II’s Micro Agro business Development (MAD) component will provide opportunities for SAPs to choose IGAs appropriate to their situation. One time grants will be made in favor of the female headed households with disabled family member.

108. In all cases, the R-NGO will play the necessary role of facilitation and coordination with the PMO, DPMO, DC, HDC and other stakeholders; so that APs, SAPs and female headed households receive their compensation without hassles.

B. RESETTLEMENT BUDGET AND FINANCING

109. The budget below is tentative with a margin of error of +-20%. As the LARP is currently being elaborated, The DC office is still to provide the necessary estimate for CCL. Similarly, the estimate for the customary ownership lands waits for completion by the competent authority i.e. the concerned mouza headmen and the office of the Circle Chief. Consequently, the meeting of the PVAT also is still to be held; so the MARVs and as well as the income restoration and relocation grants for the SAPs and female headed HHs remains undetermined.

110. The budget, thus, is prepared through an extensive survey exercised by taking into account the current market value of the land and as well as the approximate value of the standing structures and crops and trees. The estimate is based upon discussion and consultation with the local market actors, community members, mouza headmen and UP Chairmen. All such discussions were held separately with every respondent by the R-NGO.

112. The total budget amount for the LARP is estimated at TK. 58,057,460.75 (US$ 753015. 05 @ TK. 77.10). The detailed breakdown is provided table-14 below:

TABLE 14: INDICATIVE BUDGET FOR LAND ACQUISITION AND RESETTLEMENT FOR ‘‘BANIARCHAR- GOZALIA ROAD’’ Rate Amount SL Description Unit Quantity (TK) (TK.) US$) Land with types (land to be acquired) 1 Paddy Decimal 112.51 12,000 1,350,120.00 2 Homestead Decimal 317.89 11,000 3,496,790.00 A 3 Vita / Tilla Decimal 1551.6 10,000 15,516,000.00 Contingency @ 15% of the sub 15% 3,054,436.50 total A Sub-total land acquisition 23,417,346.50

Trees (calculated based on average rate per annum) 1 Large size No 1979 3000 5,937,000.00 B 2 Medium size (Tree) No 3632 1800 6,537,600.00 3 Small size No 3393 700 2,375,100.00 4 Seedling No 300 300 90,000.00 Sub-total of trees: 14,939,700.00

Structures Structure (Floor: Pucca, 1 CFT 1430 2500 3,575,000.00 Wall: Pucca & Roof: Tin) Structure (Floor: Pucca, C 2 CFT 680 500 340,000.00 Wall: Bamboo & Roof: Tin) Structure (Floor: Mud, Wall: 3 Wood &Bamboo & Roof: CFT 8910 400 3,564,000.00 Tin)

Rate Amount SL Description Unit Quantity (TK) (TK.) US$) Structure (Floor: Mud, Wall: 4 Wood & Bamboo & Roof: CFT 7301 350 2,555,350.00 Straw) Structure (Floor: Mud, Wall: 5 CFT 992 400 396,800.00 Mud & Roof: Tin) Structure (Floor: Ring & slab 6 CFT 42 350 14,700.00 , Wall: Tin, Roof: Tin) Sub-total of Structures 10,445,850.00 (CCL+MARV) Business Grants D 1 Business Restoration Grants Grants 3 15000 45,000.00 Sub-total of Business Grants 45,000.00

Stamp duties and registration fees for replacement land E No 7% 0.00 purchase by all registered land owners @ 7% of the MARV Transitional allowance equivalent to one year's net F Decimal 112.51 600.00 67,506.00 income due to loss of cultivable land Fruit Compensation for big and medium categories of fruit G No 2,691,600.00 30% 807,480.00 bearing trees (Big 803+ Medium 157) Tree Cash compensation for 600- years Big: 537 & H perennials crops for fruit bearing 1500 2,583,900.00 net Medium: 93 trees (Big-537 & Medium-93 TK. product Project Disclosure, public I consultation and FGDs, surveys, 200,000.00

training and income restoration Sub-total (F+I) 3,658,886.00

Sub-total (A+I) 52,506,782.50

Contingency @ 10% of the J 1 10% 5,250,678.25 sub total (A+F) Social Development K 2 300,000.00 activities for APs/ SAPs Implementing Agency L 3 0.00 Operation Cost 753015. Grand Total Cost 58,057,460.75 05 US $ (TK/US$): @ TK. 77.10

X. LARP IMPLEMENTATION

A. LARP IMPLEMENTATION SCHEDULE

113. The LARP will be implemented over a period of three month from 1st of August to 30th October. This includes from socio-economic survey to payment of compensation and the income restoration grants and support to IGA activities to the SAPs and female-headed households. The overall process also includes the meetings of the various committees (LARAEC, PVAT, GRC, ADRFs, etc.) for taking relevant operational decisions and resolution of grievances and disputes.

Following Chart provides the detailed schedule of LARP implementation.

TABLE 15: LARP IMPLEMENTATION SCHEDULE (3 MONTHS) Month M1 M2 M3 LARP Planning Census/Socio-economic Survey Draft LARP Agricultural Land Survey Revised LARP/Final LARP Hiring of LARP implementing Agency/NGO Site Office of NGO Relocation Activities Community Consultation Final list of APs Final Notice to APs/CBEs/Others Formation of RAC&GRC Completion of Land acquisition Payment of CCL by DC Payment of transfer costs Relocation of APs/CBEs/other StructuresProject Land hand over to Contractor Resettlement Activities Income Restoration grant Business restoration grant Payment of MARV by HDC VGs Social Forestry program/Road side plantation Monitoring and Evaluation Internal Monitoring External Monitoring Evaluation of the Project

B. MONITORING AND EVALUATION

114. PMO/HDC, through the PD at the PMO, will establish a monitoring system involving CRO, the CHTRC, the PIC and RNGO for collecting, analyzing and preparing quality progress reports on the progress of LARP implementation. PMO/HDC will also provide an Annual Report to ADB. In order to a smooth monitoring and reporting system for LAR, PMO, assistance with PIC, will be fully responsible for monitoring and reporting.

115. Monitoring of the LARP will be done both internally and externally. The purpose is to provide feedback to HDC and to assess implementation effectiveness. A mid-term Review also be done upon monitoring and evaluation reports. The review will meet and identify other relevant data, any action needed to improve resettlement performance. Evaluation the LARP implementation will assess whether the resettlement objectives were appropriate and whether they were met, specifically, whether livelihoods and living standards were restored or enhanced. The evaluation will also assess resettlement efficiency, effectiveness, impact and sustainability.

B.1. INTERNAL MONITORING

116. Internal monitoring will be carried out by the PMO. The district resettlement Officer (DRO), assisted by the field staff at HDC District office and the RNGO, will establish a monthly monitoring system and prepare a monthly progress report on all aspects of LARP implementation. The initial Census and SES will provide the benchmark data and periodic surveys will be carried out to measure changes against this baseline data using monitoring data. In assistance with District and Upazila engineers, the RNGO, the PIC Resettlement Specialist (RS), the PD at the PMO will monitor land acquisition and resettlement. A Management Information System (MIS), to be designed and maintained by the Benefit Monitoring & Evaluation Specialist of the PIC, will meticulously maintain all the related records and information including on the affected persons and communities, amount of compensation and the measures for the redressing of the grievances. Further, all the roads and village access will include Geographic Information System (GIS) coordinates in the MIS. As regards latter, the GIS Specialist will be responsible for the maintenance and update of the system. Table 16 indicates the potential monitoring indicators

TABLE 16: POTENTIAL MONITORING INDICATORS Monitoring Issues Monitoring Indicators Budget and time ∙ Have all land acquired and resettlement staff been appointed frame and mobilized for field and office work on schedule ∙ have capacity building and training activities been completed ∙ Are resettlement implementation staff being achieved against agreed implementation plan? ∙Are funds for resettlement being allocated to resettlement agencies on time? ∙ Have resettlement offices received the schedule fund? Have funds been absorbed according to LARP? ∙ Hass all land been acquired and occupied in time for project implementation?

Delivery of AP ∙ Have all APs receive entitlements according to numbers and Entitlements categories of loss set out in the entitlement matrix? ∙ Have APs received payment on time? ∙Have all APs received agreed resettlement benefits as per schedule of payment? ∙ How many affected house-holds have received compensation for titled land? ∙ How many affected house-holds relocated and built their new structure at new location? ∙ How many APs are being able to purchase replacement land? ∙ Are APs able to access to school, health service, cultural sites and activities? ∙ Are income and livelihood restoration activities being implemented as planned? Have affected farmers received entitlements? ∙ Have affected business received entitlements? ∙ Have the APs losing their livelihood received their entitlements? ∙ Have APs losing their eroded land received proper compensation? ∙ Have properly identified users of IP Common Land been compensated? ∙ Have the squatters, encroachers of Khas land or LGED/ or other government of Bangladesh (GoB) land displaced due to the project been compensated? ∙ Have the community structures are compensated and rebuilt at new site? ∙ Are host communities sufficiently assisted for civic amenities where necessary?

Consultation, ∙ Have resettlement information brochures/leaflets been prepared Grievances and in Bangla and distributed? Special issues ∙ Have consultation taken as scheduled including meetings, groups, community activities? ∙ How many APs known their entitlements? How many know if they have been received? ∙ How many APs used the grievance redress procedures? What

Monitoring Issues Monitoring Indicators were the outcomes? ∙ Have conflicts been resolved? Benefit Monitoring ∙ What changes have occurred in income and expenditure patterns compared to pre-project situation? ∙ Have APs income kept pace with these changes? ∙ What changes have occurred for vulnerable groups?

B.2. EXTERNAL MONITORING

117. The RS with the PIC team will supervise and monitor LARP implementation for HDC. The PIC will sub-contract monitoring and evaluation of the resettlement activities to an IMA, which will be an experienced person or firm. The tasks of the IMA will be to: (i) verify results of internal monitoring, (ii) assess whether resettlement objectives have been met, especially whether livelihoods and living standards have been ∙restored or enhanced, (iii) assess resettlement efficiency, impact and sustainability, drawing lessons as a guide to future resettlement policy making and planning, and (iv) ascertain whether the objectives were suited to AP conditions. The IMA will design and adopt methods and tools for data collection facilitating a comparable database of ``before’’ and ``after’’ resettlement conditions. Table 17 presented indicators for external monitoring.

TABLE 17: INDICATORS FOR EXTERNAL MONITORING AND EVALUATION Monitoring Indicators Basis of Indicators Basic information on AP ∙ Location House-holds ∙ Composition and structure, ages, education and skill levels ∙ Gender of House-holds heads ∙ Ethnic identity of the house-holds ∙ Access to health, education, utilities and other social services ∙ Housing type ∙ Land and other resources and using pattern ∙ Occupation and employment pattern ∙ Income sources and levels ∙ Agricultural production data ∙ Value of assets forming composition and resettlement benefits Reconstruction of living ∙ Were house compensation made free of depreciation, standards fees of transfer costs to the APs? ∙ Have APs achieved replacement of key social and cultural element? Reconstruction of ∙ Were compensation payments free of deduction of Livelihoods depreciation, fees or transfer cost to the APs ∙ Were compensation payments sufficient to replace lost assets? ∙ Was sufficient replacement land available of suitable standard? ∙ If costs were involved did the transfer and relocation

Monitoring Indicators Basis of Indicators payment covers these costs? ∙ Was the income substitute payment sufficient for the period of transfer? ∙ Have the commercial enterprises affected received sufficient compensation and re-established them? ∙ Have vulnerable groups been provided affective income earning opportunities? ∙ Have the vulnerable APs provided with jobs in project civil works?

Levels of satisfaction ∙ How much do APs know about resettlement procedures and entitlements? Do APs know their entitlements? ∙ Do the APs know if these have been met? ∙ How APs assess the extent to which their own living standards and livelihoods have been restored? ∙ How much do APs know about grievance procedures and conflict resolution? Effectiveness of ∙ Were the APs and their assets correctly enumerated? Resettlement Planning ∙ Was only land speculators assisted? ∙ Was the time frame and budget sufficient to meet objectives? ∙ Were entitlements too generous? ∙ Were vulnerable groups identified and assisted? ∙ How did resettlements implementers deal with unforeseen problems? Other Impacts ∙ Were there unintended environmental impacts? ∙ Were there unintended impacts on employment or income?

118. At the implementation stage PIC will conducts periodic review and supervision missions. In addition to regular review missions, ADB will undertake a comprehensive Mid Term Review of the LARP implementation. A post Evaluation of LARP implementation will be carried out by the ADB to assess the resettlement impact in terms of adequacy and deficiency in planning and implementation of resettlement activities.

ANNEX 1: SOCIOECONOMIC SURVEY QUESTIONNAIRE

Area Code

Form No.

Second Chittagong Hill Tracts Rural Development Project (CHTRDPII)

Socioeconomic Survey of Affected Family and Persons due to acquisition of land

01. Particulars of household:

Census Form No.

01 Name of head of t household/Institution

02 Father’s Name t

03 Mother’s Name t

04 Name of respondent and relation t with head of the household (wife/son, daughter/husband/others)

05 Village/ Road No./ Avenue No. t

06 Union /Ward t

07 Police Station t

08 District t

09 Main Profession/Occupation t

10 Indigenous people (mention tribe) t

11 Religion t

12 Membership of Organization (if t any)

13 Yearly income of the family t

14 Name of Chairperson/Secretary/ t (In case of Social Institution)

N.B: Items # 2,3,4,5,10,11 and 12 are not applicable for item # 14

Name of Interviewer ______date______

Signature of Supervisor __date______

02. Particulars of household:

Sl Name Relatio A S Mari Main Secondary Tota Educ Physic O No of nship g e tal Profes Profession/Li l ation al w house with e x stat sion/ velihood ( if Year al status/ n hold HOH* us Livelih any) ly qualifi Disabil er memb ood inco cation ity of er(s) me Af (Starts (Tak fe with a) ct house e hold d Pr

head) o p er ty (Y es /N o)

* HOH= Head of Household

03. Particulars of land:

Do you have your own land within the Project Right of Way? Yes/ No.

If yes, would you please mention about the type of ownership? ………………………………………………

If answer is ‘yes’, furnish detail information about your own land.

Serial Types of land Code Area of Land affected by project Area of

No. No of own land Mouza Para/Plot Area residual Land (decimal) No. Land (decimal) (decima l)

1. Homestead

2. Agriculture land (1st grade land)

Single Cropped

Double Cropped

Multi Cropped

3 Medium Hill (2nd grade land)

Vita

Orchard

Other crops

Fallow land

4 Hill (3rd grade land)

Timber/Fruit tree

Forest

Others

5 Jhum

6 Pond ( Cultivated)

7 Pond (Non- Cultivated)

8 Fallow land (plain land)

9 Road/community property

10 Water body/ditch

11 Others (Please mention)

Total own land

If answer is ‘No’

04. Affected land under community/other’s ownership (Khas/Relatives (Uthuli)/Other’s)

Type of Code Mouza Plot Area of Area of Status of Comments land No. No. land acquired present (if (Decimal) land use any) (decimal)

For how long using the land, , Is there any agreement ? Yes/No.

If answer is yes, Name of person/Organization contracted with

05. Use of Community/Government land (Partial/full) adjacent to own land

Type of Mouza Para Area of Area in Status of Comments land land in affected land present use (decimal) use (Decimal)

06. Cultivation related:

Do you cultivate affected land by yourself? Yes/No.

If answer is ‘No’

In case of sharecropping, furnish details of sharecroppers

SL Name of Share Mauza Para/Plot Area of Size of Share of No. Croppers and address No (if land affected produce portion of land received

any) (Decimal) (decimal) (Percenta ge)

07. Mortgage/Kat (Locally practiced mortgage) Lease/Contract-particulars:

Have you taken affected land by way of mortgage/Kat/Lease/Other Contract? Yes/No

If answer is yes, please furnish the particulars.

SL. Nature of owner Name Mouza Para/Plot Area Area of Value of Time of Duration Amount No & No. (if of affected Contract Contract of of -ship mortgage/ address any) land portion (Taka) (year) Contract/ yearly of real of land paid up kat/Lease/Contract (dec) owner (decimal) Lease taka of land etc.

08. Particulars of trees (Individual ownership/Community/Government or owned by any other agency):

A. Detail description of trees on Own land

SL. Name of Fruit Description of trees No. tree bearing (yes/No) Large Medium Small Plant No. Acquire No. Acquired No. Acquired No. Acquir d ed

10.

11.

12.

B. Detail description of trees on Community/GoB land

SL Name of tree Fruit Description of trees NO bearing (yes/No) Large Medium Small Plant No Acqui No. Acqui No. Acqui No. Ac red red red qu ire d

10.

11.

12.

09. Detail of structures (Homestead/CBEs/CPRs etc.) if affected:

SL Use of Description of Cod Size Approximat To be Ty No structur Structure * e e Value of affected pe e No. structure due to of Roof Wall Floor Unit Quantity/N acquisiti lan on,

o. Yes/No. d

* Within or out of the ROW.

Type of land code: 1- Individual ownership, 2-Owned by others, 3-Communityowned, 4- Government land (if used partially or fully) adjacent to the land owned by respondent.

Unit Code: 1=S.F.T, 2= R.F.T, 3= Number, 4= C.F.T.

10. Commercial Enterprises (Only affected):

Own Commercial Structure and Own business:

SLN SL. No. Name Name Father’ Addre Amoun Averag No. of Wh o following of of s ss t of e appoint eth descripti busine busine Name busine monthl ed er on of ss ss ss y Employ own structure owner capital income ees er from of busine the ss CB E Y/N

11. Labor/Employees employed in affected business/industry (own & rented)

SL. By- Name of Name of Sex Age Designation Monthly NO SL. Enterprises labor/employee & wage/salary No. Q- /Industry address 10

12. Is there any Social Institution (such as school/college/health complex/historical place), Religious Institution (Pagoda//Temple/Church/ Mosque /Eidgah/Graveyard/Cremation ground) or Development Project (Road, Hat & Bazaar) etc. on acquired land? Yes/N-Yes Yes If answer is yes, please give details.

If Please give If answer is yes Please give details. If answer is yes answer details. is yes

13. Do you have electricity in your house? Yes/No. If answer is yes, Number of electric light, ,No. of fan & others

14. What kind of toilet you use? (Katcha/Slab/Pucca)?

15. What is source of water of your family?

For drinking- Stream, Tube well, well, river, pond, other) (Put tick)

For other household use- Stream, Tube-well, well, river, pond, other) (Put tick)

Is the source arsenic contaminated? Yes/No/Not Known.

Will acquisition of land affect sources of water? Yes/No.

16. For how many years you are staying at your present residence?

If you have shifted to present residence, where did you live before that?

17. Was your house ever devastated by land slide/ erosion of river? If answer is yes, how many times?

The last time of devastation of your house

18. Where you and your family members use to go for medical treatment (Village/Market/Town)? (Put tick)

Whom do you consult? (Ayurvedic, Physician/Allopathic / Homeopath /Healer/ Exorcist) (Put tick)

What kind of treatment you take (Exorcism/ Allopathic / Homeopathy/ Ayurvedic) (Put tick)

19. How many members of your family are in service and business?

Total number of service holder_____, Male Female ,

Total number of businessmen______, Male Female

Working place of male member (own Upazila/other than own Upazila), name of district if other than own Upazila

Working place of female member (own Upazila/other than own Upazila), name of district if other than own Upazila

If working place of Male /Female in abroad, name of the country ______.

20. Have taken loan from any institution? Yes/No

If answer is yes:

Sl. # Name of Institution Amount of loan Year of loan Duration of loan received

1 2 3 4 5

21. House rent (only affected) SL By-SL Name of Father’s Name Address Monthly No. of No. No. from Renter rent Family Q-9 members

1 2 3 4 5 6 7

22. Nature of loss of respondent (mentionable)

(a) Land

(b) Homestead

(d) Tree

(e) Business

(f) Crops

Resettlement related: (If homestead/business/common resources properties-CLARP is affected, Q32-Q36 are applicable)

23. (Only in case of affected homestead/CLARP)

Owner of land (self/relatives/Government/Others)

Kind of loss of homestead: Partially/Fully

Quantity of residual land except affected land, useable as homestead (decimal) fallow (decimal)______cultivable (decimal)

24. Would you like to donate your land/property for the betterment of the community without receiving any compensation for the affected property? Yes/No

25. Do you like to (a) be resettled on your residual land or (b) be resettled by purchasing of new land or (c) by the project:

If you be resettle by yourself, where?

Nearby place

In other village

In Town

Others (Please mention)

26. In case of affected business/industrial establishment:

Name of owner of business / industrial enterprises

Kind of loss of infrastructure: Partially/Fully.

27. Do you like to (a) be resettled in your own land or (b) be resettled by purchasing land or (c) be resettled by the project?

If you be resettled by yourself, where?

Nearby place

In other village

In town

Others (Please mention)

28. Do you want assistance from Government for resettlement? Yes/No.

If answer is yes, how?

29. If Yes, How do you like to get compensation of affected property: in cash or in kind

How would you like to spend the compensation money?

1. To buy land 2.To shift house 3.To build house 4.To get training for taking new occupation 5. To get job 6.To do business 7. To marketwise the produces 8. To invest for self-employment 9. To adjustment of loan 10. Other (Please mention)

1st 2nd 3rd

* Planning according to preference 30. What are the available source/opportunities for employment in your locality? a.

31. Is there any requirement of training for skill development for taking up new occupation for you or members of your family? Yes/No.

If answer is yes, name of training essential for you/ family members:

Name and signature/thumb impression of the Interviewee with date

Comments of the enumerator’s ______

ANNEX 2: COMMUNITY CONSULTATION MEETING Male + Location, date and Female Participants and issues discussed time Participan ts Mr. Umra Mong Marma, Headman, No-306 Faithong Mouza, presided over the meeting attended by 37 affected persons on the road alignment of which 13 are female.

The meeting was held with prior notice to the affected people through Mouza Headman and Karbaries.

The meeting was attending with Mouza Headman, Karbaries, UP Members, Affected Persons of the affected areas. 1 Headman and 1 UP member along with the affected persons were also were present in the meeting. Mr. Rupayan Chakma, Bandarban District Project Officer, Taungya, conducted the meeting.

No- Faithong Compensation on customarily owned land as well as Mouza Headman’s 24 Male + titled land under ADB SPS-2009, special grant for meeting hall, No. Female SAPs, Women APs, Disabled persons, etc. were the Faithong Union, 13 topics of discussion. Mr. Ranabir Chakma, Social Lama Upazila Impact Specialist, Taungya described the aims, Total-37 Date:26/07/16, objectives and activities of the CHTRDP-II among the Time: 3.00 PM participants. In his speech, he elaborated that though both types of land owner (titled and customary) will be compensated according to the ADB safeguard policy- 2009, only IP communities who own customary title of land, will be compensated for the affected land.

Mr. Kanghla Aung Marma asked, whether compensation on customary owned land will be given or not. any questions were asked by the participants. In response to the question Mr. Chanchu Chakma replied that compensation on customarily owned land will be given as same as title land.

Male + Location, date and Female Participants and issues discussed time Participan ts No-Gojalia Mouza Male-15 Mr. Thoainue Aung Chowdhury, headma, no-305 Headma’s meeting Gozalia Mouza, presided over the meeting attended by hall, no-Gozalia Female-11 26 affected persons on the road alignment of which 11 Union, Lama are female. Upazila Total- 26 The meeting was held with prior notice to the affected Date:28/07/16, people through Mouza Headman and Karbaries. Time: 10.00 AM The meeting was attending with Mouza Karbaries, UP Members, Affected Persons of the affected areas. Mr. Rupayan Chakma, Badarban District Project Officer, Taungya addressed the meeting. Compensation on customarily owned land as well as titled land under ADB SPS-2009, special grant for SAPs, Women APs, Disabled persons, etc. were the topics of discussion. Mr. Ranabir Chakma, Social Impact Specialist, Taungya described the aims, objectives and activities of the CHTRDP-II among the participants. In his speech, he elaborated that though both types of land owner (titled and customary) will be compensated according to the ADB safeguard policy-2009, only IP communities who own customary title of land, will be compensated for the affected land.

ANNEX 3: TABLE-2 (A): AP TOTAL AFFECTED AND RESIDUAL OWNED LAND (DECIMAL) WITH PERCENTAGE OF LOSS Amount of total Amount of acquired land Types of acquired land (Decimal) owned land (Decimal) (Decimal)

Name of Father's/ SL Affected Husband's Gender Village Mouza No. d

person Name Remarks (Decimal) Tila Tila Total Total y land yland yland Paddy acquired land acquired Percentage of of Percentage (Decimal Title land Title land Title (Decimal) (Decimal) Customar Customar Total land Total land Total Homestea Achathwai Late- Mong Headman 305 no. 1 Male 160 80 240 11.25 11.25 4.69 8.25 3 11.25 Marma Aching Marma Para Faitong Kyohlaching Late- Mongbu Headman 305 no. 2 Male 100 120 220 1.5 1.5 0.68 1.5 1.5 Marma Marma Para Faitong Uchaching Late- Suithwai Headman 305 no. 3 Male 120 140 260 7.5 7.5 2.88 7.5 7.5 Marma Marma Para Faitong Late- Maaching Headman 305 no. 4 Chinghlamong Female 200 200 2.75 2.75 1.38 2.75 2.75 Marma Para Faitong Marma Kyochingu Late- Kongjaw Headman 305 no. 5 Male 200 120 320 8.5 8.5 2.66 8.5 8.5 Marma Prue Marma Para Faitong Late- Shamsul Headman 305 no. 6 Mostafizur Male 120 300 420 9.5 9.5 2.26 9.5 9.5 Alam Para Faitong Rahman Late- Kobir Headman 305 no. 7 Ziaur Rahman Male 140 140 4.5 4.5 3.21 4.5 4.5 Ahmmod Para Faitong Late- Umramong Headman 305 no. 8 Chathwai Male 2500 2500 220 10 230 9.20 10 220 230 Marma Para Faitong Marma Late- Akbar Headman 305 no. 9 Md. Jasim Male 120 120 4 4 3.33 4 4 Ahammod Para Faitong Monuching Naimrau Headman 305 no. 10 Male 150 80 230 19.9 19.9 8.65 2.76 17.14 19.9 Marma Marma Para Faitong Late- Thwaisanu Headman 305 no. 11 Mongchanu Male 120 80 200 3.2 3.2 1.60 3.2 3.2 Marma Para Faitong Marma Late- Oyongbai Headman 305 no. 12 Rehlaaung Male 140 200 340 17.75 17.75 5.22 17.75 17.75 Prue Marma Para Faitong Marma Late- Headman 305 no. 13 MD. Shafi Mohammod Male 120 300 420 4.55 4.55 1.08 4.55 4.55 Para Faitong Boxsu Kyojaaung Mongpuching Headman 305 no. 14 Male 300 200 500 48 48 9.60 48 48 Marma Marma Para Faitong

Amount of total Amount of acquired land Types of acquired land (Decimal) owned land (Decimal) (Decimal)

Name of Father's/ SL Affected Husband's Gender Village Mouza No. d

Late- Pohlau Padu 305 no. 25 Usang Marma Male 200 140 340 6.5 6.5 1.91 6.5 6.5 Marma Para Faitong

Late- Anwar Member 305 no. 26 Kamal Hosen Male 120 300 420 29.5 29.5 7.02 29.5 29.5 Hosen Para Faitong

Late- Ali Member 305 no. 27 Ali Hosain Male 120 300 420 15 15 3.57 15 15 Ahammod Para Faitong

Amount of total Amount of acquired land Types of acquired land (Decimal) owned land (Decimal) (Decimal)

Name of Father's/ SL Affected Husband's Gender Village Mouza No. d

person Name Remarks (Decimal) Tila Tila Total Total y land yland yland Paddy acquired land acquired Percentage of of Percentage (Decimal Title land Title land Title (Decimal) (Decimal) Customar Customar Total land Total land Total Homestea Nur Late- Abdul Member 305 no. 28 Male 200 350 550 20 20 3.64 20 20 Ahammod Aziz Para Faitong Late- Nader Member 305 no. 29 Abdur Razzak Male 200 300 500 16 16 3.20 16 16 Hossain Para Faitong Late- Mojaher Member 305 no. 30 Md. Younus Male 300 300 8.5 8.5 2.83 8.5 8.5 Miah Para Faitong Late- Alhaz Member 305 no. 31 Faridul Alam Male 500 600 1100 56.5 56.5 5.14 56.5 56.5 Thanda Miah Para Faitong Unyaimong Padu 305 no. 32 Usai Marma Male 140 500 640 47 47 7.34 47 47 Marma Para Faitong AKM Mojaherul Member 305 no. 33 Momtazul Male 200 500 700 62 62 8.86 62 62 Haque Para Faitong Haque 305 no. 34 Siraj Ul Islam Nurul Islam Male 500 500 20 20 4.00 20 20 Faitong Shefaul Mojaherul Member 305 no. 35 Male 300 300 12 12 4.00 12 12 Haque Haque Para Faitong Monsurul Late- Nur Member 305 no. 36 Male 900 900 22 22 2.44 22 22 Haque Ahammod Para Faitong Member 305 no. 37 Osman goni Late- Abbas Male 400 400 11 11 2.75 11 11 Para Faitong Abdur Moulovi Member 305 no. 38 Male 600 600 49 49 8.17 49 49 Rahman Sirajul Islam Para Faitong Absar Uddin Member 305 no. 39 Ohab Khan Male 300 300 11.7 11.7 3.90 11.7 11.7 Khan Para Faitong Abdul Barik Absar Uddin Member 305 no. 40 Male 300 300 11.7 11.7 3.90 11.7 11.7 Khan Khan Para Faitong Member 305 no. 41 Abul Kha Jinnot Kha Male 300 300 11.7 11.7 3.90 11.7 11.7 Para Faitong Chairman Member 305 no. 42 Male 500 500 15 15 3.00 15 15 (Majar Para Faitong Committee) Mohammod Member 305 no. 43 Shefayet Male 500 500 35 35 7.00 35 35 abul Hossain Para Faitong Mongsuilung Boropola 305 no. 44 Vagyo Marma Male 500 200 700 30 30 4.29 30 30 Marma Para Faitong

Amount of total Amount of acquired land Types of acquired land (Decimal) owned land (Decimal) (Decimal)

Name of Father's/ SL Affected Husband's Gender Village Mouza No. d

person Name Remarks (Decimal) Tila Tila Total Total y land yland yland Paddy acquired land acquired Percentage of of Percentage (Decimal Title land Title land Title (Decimal) (Decimal) Customar Customar Total land Total land Total Homestea Chingthwainu Boropola 305 no. 45 Phlau Marma Male 400 200 600 55 55 9.17 55 55 Marma Para Faitong Surej Mohan Briguram Boropola 305 no. 46 Male 500 500 14 14 2.80 14 14 Tripura Tripura Para Faitong Changhla Late- Kanok Boropola 305 no. 47 Male 350 300 650 48 48 7.38 48 48 Mro Mro Para Faitong Thwainu late- 306 no. 48 Aung Mrathwai Male Gojalia 1200 900 2100 185 19 204 9.71 204 204 Gojalia Chowdhury Aung Chowdhury Engmong 306 no. 49 Monka Mro Male Gojalia 500 500 25 25 5.00 25 25 Mro Gojalia Aungsarai Aungthui 306 no. 50 Male Gojalia 500 500 25 25 5.00 25 25 Tripura Tripura Gojalia Kyachingnu Chayemong 306 no. 51 Male Gojalia 300 400 700 50 50 7.14 50 50 Marma Marma Gojalia Meseha Late- poliha 306 no. 52 Male Gojalia 100 400 500 25 25 5.00 25 25 Tripura Tripura Gojalia Santosh Shyamacharan 306 no. 53 Male Gojalia 500 120 620 52 52 8.39 52 52 Tripura Tripura Gojalia Swapan Sadhan Kumar 306 no. 54 Male Gojalia 200 200 400 24 6 30 7.50 30 30 Kumar Dey Dey Gojalia Mongbaching Uchingsa 306 no. 55 Male Gojalia 150 300 450 18 18 4.00 18 18 Marma Marma Gojalia Late- Kobir 306 no. 56 Md. Ismail Male Gojalia 500 300 800 56 56 7.00 56 56 Hossain Gojalia Basing 306 no. 57 Boxsu Marma Male Gojalia 200 120 320 12 12 3.75 12 12 Marma Gojalia Sathi Chandra Robi Chandra 306 no. 58 Male Gojalia 200 120 320 25 25 7.81 25 25 Tripura Tripura Gojalia Aungthwaihla Chathwaiu 306 no. 59 Male Gojalia 500 500 1000 85 85 8.50 85 85 Marma Marma Gojalia Purnachandra Mogochandra 306 no. 60 Male Gojalia 300 200 500 28 28 5.60 28 28 Tripura Tripura Gojalia

Amount of total Amount of acquired land Types of acquired land (Decimal) owned land (Decimal) (Decimal)

Name of Father's/ SL Affected Husband's Gender Village Mouza No. d

ANNEX 3: TABLE-2 (B): APS LOOSING STRUCTURES Father's/ SL Type of Number of Name of owner Husband's Village Ownership Length and wide Description of structure No. structure plot name Chingsathui Headman Floor: Ring & slab Wall: 1 Uchahla Marma Letrine Self 1 Length: 7 feet & wide: 6 feet Marma Para Tin Roof: Tin Uhlathwai Uchaching Headman Floor: Mud Wall: Wood 2 House Self 1 Length: 20 feet & Wide: 22 feet Marma Marma Para & Bamboo Roof: Straw Floor: Mud Wall: Wood Aiggya Headman 3 Oido Marma House Self 1 Length: 30 feet & Wide: 20 feet & Bamboo Roof: Tin & Marma Para Straw Mongsaprue Pruemong Headman Firm Floor: Mud Wall: Wood 4 Self 1 Length: 20 feet & Wide: 22 feet Marma Marma Para House & Bamboo Roof: Tin Late- Abdul Headman Floor: Mud Wall: Wood 5 Rohul Kader House Self 1 Length: 30 feet & Wide: 25 feet Gafur Para & Bamboo Roof: Straw Golam Horin Abandan Floor: Mud Wall: 6 MD. Hoson Self 1 Length: 20 feet & Wide: 22 feet Kader khaiya Tea stall Bamboo piller Roof: Tin

Father's/ SL Type of Number of Name of owner Husband's Village Ownership Length and wide Description of structure No. structure plot name Para

Floor: Pucca Wall: Pucca House Self 1 Length: 65 feet & Wide: 20 feet Roof: Tin Cow Floor: Mud Wall: Wood rearing Self 1 Length: 65 feet & Wide: 22 feet & Bamboo Roof: Tin House Cow Late- Alhaz Horin Floor: Mud Wall: Wood rearing Self 1 Length: 65 feet & Wide: 22 feet 7 Faridul Alam Thanda khaiya & Bamboo Roof: Tin Miah Para House Cow Floor: Mud Wall: Wood rearing Self 1 Length: 65 feet & Wide: 22 feet & Bamboo Roof: Tin House Cow Floor: Mud Wall: Wood rearing Self 1 Length: 65 feet & Wide: 22 feet & Bamboo Roof: Tin House Horin Late- Jalal Floor: Mud Wall: Wood 8 Abdur Rahim khaiya Tea stall Self 1 Length: 30 feet & Wide: 25 feet Ahammod & Bamboo Roof: Straw Para Horin Ramij Floor: Mud Wall: Wood 9 Sirajul Islam khaiya Tea stall Self 1 Length: 45 feet & Wide: 30 feet Uddin & Bamboo Roof: Straw Para Floor: Bamboo Wall: Tea stall Self 1 Length: 40 feet & Wide: 25 feet Wood & Bamboo Roof: Straw Horin Samsul Kitchen 10 Jaker Hosen khaiya Alam house & Para Floor: Mud Wall: Tin Cow Self 1 Length: 25 feet & Wide: 15 feet Roof: Straw rearing House

ANNEX 3: TABLE-2 (C): APS LOOSING BUSINESS Amount of Amount of No. of Father's/ Husband Staff Salary SL. Name of Owner Kind of business Capital for return employee (If Name: (Monthly) business (monthly) applicable) Monangching 1 Kyochaihla Marma Tailors Shop 80,000 5,000 Marma

2 Ratan Shil Late- Sunil Shil Seloon 50,000 6,000

ANNEX 3: TABLE-2 (D): APS LOOSING TREES Name & Fathers / Father's/ Husband Name SL Sex Village Mouza Big Medium Small Sapling Total Husband Name Name of tree 1 Nurul Kabir Mojaherul Haque Male Member Para Faitong Akashia 150 300 Mohammod Late- Jubayer 2 Male Member Para Faitong Akasia 220 460 Salauddin Ahammod Nuri