Peshawar Sustainable Bus Rapid Transit Corridor Project

Social Monitoring Report

Semi-Annual External Monitoring Report September 2019

Period: December 2018 – June 2019

PAK: Peshawar Sustainable Bus Rapid Transit Corridor Project

Prepared by the Peshawar Development Authority for the Islamic Republic of Pakistan and the Asian Development Bank.

This social monitoring report 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.

ADB Loan No. 3543 PAK

PAK: Peshawar Sustainable Bus Rapid Transit Corridor Project (PSBRTCP)

3rd External Monitoring Report of the Implementation of Land Acquisition and Resettlement Plans of PSRBTCP

June 2019

Prepared by Abdul Hameed, External Monitoring Agent (EMA), for Peshawar Development Authority (PDA) – the Project Executing Agency for Peshawar Bus Rapid Transit (BRT) Project, Peshawar, Khyber Pakhtunkhwa.

Contents 1. Introduction to Monitoring and Evaluation ...... 1 1.1 Project Background ...... 1 1.2 Project Description ...... 1 1.3 The Land Acquisition and Resettlement (LAR) Impacts of Project ...... 1 2. Findings of External Monitoring Report (EMR) ...... 3 2.1 Implementation Analysis ...... 3 Implementation of Gender Action Plan ...... 3 3 Institutional Arrangements for Land and Resettlement Activities ...... 13 3.1 Project Executing Agency ...... 13 3.2 Project Implementation Unit (PIU) ...... 14 3.3 Land Acquisition and Resettlement Plan Implementation Committee ...... 14 3.4 Resettlement Assistance and Disbursement Committee ...... 14 3.5 Grievances Redress Mechanism ...... 14 3.6 Formation of Displaced Persons Committees (DPCs) ...... 16 4 Consultation and Information Disclosure ...... 16 5 Miscellaneous Feedback ...... 17 5.1 Need to present the Evidences of Good Faith Efforts ...... 17 5.2 Need to Present the Employment /livelihood Restoration Record of all the Persons . 17 5.3 Need to Consolidate the DPs Number ...... 17 5.4 Need to Develop the MIS ...... 17 5.5 Need to make the Clarity in the Linear Map ...... 17 6 Conclusion ...... 18 7 Recommendations ...... 20 Pictorial view of external monitor visit and discussion with project affecter persons ...... 28

Tables

Table 2.1: Status of Implementation 10 Table 7.1: Proposed Action Plan 22

Annexures

Annexure-A: List of the Participants……………………………………………………………….23 Annex-B: Gender Activities…………………………………………………………………………...24

Annex-C: Detailed of Complaint logged to OSPF………………………………………………….26

Abbreviation Description

ADB Asian Development Bank BRT Bus Rapid Transit CNIC Computerized National Identity Card COI Corridor of Impact DP Displaced Person EMA External Monitoring Agency EMR External Monitoring Report GRC Grievance Redress Committee IMR Internal Monitoring Report GOP Government of Pakistan GRM Grievance Redress Mechanism Km Kilometer KPK Khyber Pakhtunkhwa LAA Land Acquisition Act 1894 LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan M&E Monitoring & Evaluation MIS Management Information System PDR Peshawar Development Authority PKR PAK Rupees PIU Project Implementation Unit PMU Project Management Unit PSBRTCP Peshawar Sustainable Bus Rapid Transit Corridor Project PMCSC Project Management and Construction Supervision Consultant QIMR Quarterly Internal Monitoring Report ROW Right of Way Sq. ft Square Feet Sq. m Square Meter SPS Safeguard Policy Statement, 2009 TOR Term of Reference

Glossary

Displaced All members of a subproject affected household residing under one roof and Household operating as a single economic unit, who are adversely affected by the Project or any of its components; may consist of a single nuclear family or an extended family group.

Displaced In the context of involuntary resettlement, displaced persons are those who are Persons physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Compensation Payment in cash or in kind of the replacement cost of the acquired assets.

Construction Maximum extent of the area in which the contractor may work. Limit

Corridor of This is the area that is likely to be physically affected by the construction, Impacts including locations adjacent to the actual construction that may be affected by noise, vibration, etc.

Cut-of-Date The completion date of the census of project-displaced persons is usually considered the cut-off date. A cut-off date is normally established by the borrower government procedure that establishes the eligibility for receiving compensation and resettlement assistance by the project displaced persons. In the absence of such procedures, the borrower/client will establish a cut-off date for eligibility.

Encroachers People who have trespassed onto private/community land to which they are not authorized. If such people arrived before the entitlements cut-off date, they are eligible for compensation for any structures, crops or land improvements that they will lose.

Entitlement Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to displaced persons, depending on the nature of their losses, to restore their economic and social base.

Formation Outer boundary of the construction including the embankment (if any). Width

Economic Loss of land, assets, access to assets, income sources, or means of livelihood Displacement because of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Involuntary Land and/or asset loss, which results in a reduction of livelihood level. These Resettlement losses have to be compensated for so that no person is worse off than they were before the loss of land and/or assets.

iii

Meaningful Is a process that (i) begins early in the project preparation stage and is carried Consultation out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion: (iv) gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Physical Meaning relocation, loss of residential land, or loss of shelter a result of (i) displacement involuntary acquisition of land, or (ii) involuntary restrictions or land use or on access to legally designated parks and protected areas.

Rehabilitation Compensatory measures provided under the ADB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets.

Replacement The rate of compensation for acquired housing, land and other assets will be Cost calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. In applying this method of valuation, depreciation of structures and assets should not be considered.

Resettlement A time-bound action plan with budget setting out resettlement strategy, objectives, plan entitlement, actions, responsibilities, monitoring and evaluation

Squatters Meaning those people who do not own the land but are possessing and using it for residential, commercial, agricultural or other economic purposes, and as such they usually not entitled to land compensation but sometimes provided with assistance if they are found vulnerable; they are, however, entitled to compensation for the loss of built-up structures, trees, crops and other assets.

Vulnerable Distinct group of people who may suffer disproportionately from resettlement Groups effects. The policy defines vulnerable groups as households below the poverty line, the elderly, those without legal title to assets, landless, women, children and indigenous people.

1. Introduction to Monitoring and Evaluation

1. Monitoring and Evaluation: Resettlement Monitoring and Evaluation is an integral part of the resettlement process which entails monitoring of preparation and implementation of Land acquisition & Resettlement Plans (LARP), as laid down in the ADB‟s Safeguard Policy Statement 2009 (SPS), and ADB’s Guidelines on Monitoring & Evaluation of Resettlement, 2003. The objective of monitoring is to review and assess the implementation of LARP and validate the i) implementation of LARP, ii) payments to DPs, livelihood restoration and any change in their living standards, achievement of resettlement objectives, iii) effectiveness and adequacy of compensation entitlements of the project, iv) the remedial measures to address any issues related to payments and implementation of LARP, and v) institutional arrangements and capacity of PIU. Thus, the monitoring enables the project management to make timely decisions on curative measures needed to implement resettlement effectively, and learn strategic lessons for future policy formulation and planning.

2. 3rd External Monitoring Report: This 3rd external monitoring report has been prepared for Reach I, II & III of Peshawar Sustainable Bus Rapid Transit Corridor Project (PSBRTCP). The report presents review and analysis of internal monitoring reports of LARPs/DDRs/Addendums of the project and validates implementation including the disbursement of compensation to the DPs as provided by PDA in its semiannual internal monitoring report for the period ending on 30 June 2019. The report also offers analysis of the implementation of LARPs including disbursement of compensation and allowances (by types of impacts) and makes recommendations to address the issues with payments and LARPs implementation.

1.1 Project Background

3. The Peshawar Sustainable Bus Rapid Transit Corridor Project (PSBRTCP) is implemented with the financial assistance of Asian Development Bank (ADB). The project outcome will improve public transport in Peshawar (Fig-1), directly benefiting a population of at least 0.5 million. This 3rd External Monitoring Report is prepared to confirm that land acquisition, resettlement activities and rehabilitation measures are being implemented in accordance with the provision of LARPs, applicable national/provincial laws including land acquisition act of 1894 and the ADB’s SPS 2009.

1.2 Project Description

4. The project corridor is divided into three sections that are called Reaches; i) Reach 1 covers 7+088 km the area from Chamkani Morh to Firdous Cinema, ii) Reach 2 covers 5+836 km area from Firdous Cinema to Aman Chowk and iii) Reach 3 covers 16+355 km area from Aman Chowk to Hayatabad (Karkhano Markets). Total length of the corridor is 29+279 km from Chamkani Morh to Karkhano Markets. The project involves full restructuring BRT corridor, which is 17+357km at grade and 6+546km elevated, 5+376 KM underpass U-turns including BRT dedicated lanes, mixed traffic lanes, bicycle lanes, parking lanes facility at 39 stretches, sidewalks, green areas, 32 bus stations, 2 depots on eastern and western side, 1 staging station, 2 U-turns flyover, 24 pedestrian bridges (including 1 with access through a tunnel), 8 feeder routes and 102 off corridor bus stations.

1.3 The Land Acquisition and Resettlement (LAR) Impacts of Project

5. According to the project LARPs, internal monitoring reports and provided by PDA, only the Reach I corridor involved acquisition of private land (details provided below) while Reach 2 and 3 did not require any land acquisition. The impacts in Reach II and III were limited to compensating a total of 61 vendors operating in the ROW. PDA prepared two resettlement

1 plans to compensate DPs. These plans were approved by ADB and disclosed before their implementation.

6. The Reach I of BRT required acquisition of 174.4 kanals (about 21.8 acres) of agricultural land of Chamkani Bus Depot located in Mouza/village Sardar Garhi including 0.9 kanal (0.11 acre) of commercial land of Chamkani Morh at Zia Market. The entire land is privately owned by 73 DPs. The land acquisition also affected one residential structure and 9 commercial shops were also affected that have been removed after compensating the DPs. In addition to this, a total of 573 trees including 419 fruit and 154 wood trees, 2 communal structures (one Masjid and one prayer place) is also affected. According to LARP and 3rd semiannual internal monitoring report, June 2019 the total number of DPs including two underpasses (Hashnagri and Firdous) are 413 DPs including 10 severely affected and 10 vulnerable DPs. Table 2.1 below provides further details about the LAR impacts and DPs. In addition to cash compensation, the LARP considered providing them employment in the project work on preferential basis and providing economic skills enhancement training. The status of implementation including disbursement of compensation has presented in ensuing paragraphs below.

Fig 1: Location Map of the Project Area

2. Findings of External Monitoring Report (EMR)

7. The findings of the EMR in terms of compensation payment and livelihood assistance are presented below:

2.1 Implementation Analysis

8. Reach I, II and III of the corridor required compensating a total of 61 vendors. Of these, 58 have been fully compensated but payment to the remaining 3 vendors has been delayed due to the Afghan Consulate taking time in responding to PDA about how the vendors who are Afghan citizens can be compensated in the absence of CNICs which the vendors do not have. PDA is following up with Afghan Consulate to resolve the issue but response from Consulate office is awaited to date. Fig 2.1: Status of Payment 9. The table 2.2 below and Fig 2.1 Disbursement (Percent) show overall status of payments to DPs Disbursed Amount Undisbursed Amount by types of impacts with payable amount 100 100 100 of compensation against all the impacts. 99 90 94 88 99 65 10. Under Reach I LARP, total amount 35 12 of land compensation (Rs 1095.m) has 0 0 1 10 6 0 1 been fully disbursed to all 73 DPs. Similarly, full amount of compensation for the residential structure (Rs. 15.766m) has also been disbursed fully, likewise compensation for prayer place (Rs. 2.705 m) also been disbursed fully. Crop compensation has been disbursed only 65% (Rs. 0.494 out of 0.754 million) while tree compensation disbursed to 99% (Rs. 4.820 out of 4.827 million). About 90% compensation (Rs 4.89m of total Rs.5.42m) for cost of shops decoration in Hashtnagari underpass as agreed in the LARP has been disbursed to 33 of total 35 DPs. Similarly for Firduous underpass, about 94% amount (Rs. 11.95 of total Rs. 12.69m) has been provided to 39 DPs of total 46 DPs. Monthly payment is underway until shops are renovated and handed back to shopkeepers. In terms of payment of allowances, about 88% amount (Rs. 87.115m of total Rs. 99.05m) has been disbursed to 315 DPs of total 358 DPs on account of income loss, shifting allowance, and employment loss. PDA/PIU intends to complete the compensation 100% disbursement by end of September or early October 2019.

11. The EMA expects more delay in completion of payment due to a number of ongoing factors including minor DPs, those not living in the area or living abroad and Afghani national DPs not having CNIC cards and others who do not have their bank accounts/opened. EMA intended to present this information in a table with the specific reason of delay in payment but that information was not available with PIU. Hence, EMA recommend to presenting this table in the next semiannual report.

Implementation of Gender Action Plan

12. The Gender Action Plan (GAP) is employed and the stakeholders have responded well and delivered as reflected in the semiannual IMR. The PIU’s social team and consultants supported and guided women DPs in account opening, CNIC extra care for women vulnerable provided and ascertained. DP data shared by PMCSC checked for errors / cleaned a continuous process as data shared with delays from DPs. Women were assisted in preparing Micro Plans with details category of women and vulnerable DPs, asset lost, compensation and all types of assistance, details of resettlement. The women were also assisted and supervised compensation payments at LAC/DF Office at PDA to DPs taking due care of local customs

3 and ensured gender sensitive atmosphere for all women DPs. All compensation payments conducted in a transparent manner. The activities are described in the table placed in Annex- B as shared by PMCSC. EMA recommended that table should be self-explanatory related to the women activities instead of focusing on the number of meetings.

13. EMA found that the facilitation is provided by the PIU to women DPs for their compensation payment. EMA recommends that these efforts should be continued, monitored, reported in the IMR and validated by EMA.

14. EMA also found that special provision like cycle lane were also placed in all three reaches as per the implementation of gender action plan. The consultation meetings are going on with the DPs and local community so these meetings must be continued and reported in the fourth-coming semi biannual report.

Table 2.1: Status of Implementation

i) Land Impacts

Land Compensation 174.4 73 1095.181 73 1095.181 - - 100% payment is completed. (100%) (100

Total of (i) 174.4 73 1095.181 73 1095.181 - - ii) Non-Land Impacts (Reach 1) a) Crops Compensation 73 12 0.754 10 0.494 2 0.26 Payment is under progress and PDA (83%) (65%) (17%) (35%) intends to complete it till September 2019 b) Affected Residential 1 1 15.766 1 15.766 0 0 100% payment is completed

Structures (100%) (100%) c) Affected Trees 573 26 4.827 25 4.820 1 0.007 Of total 573 trees, 419 are fruit. PDA (96%) (99.87%) (4%) (0.13%) hopes to complete payment in September 2019 d) Affected Shop’s 35 35 5.425 33 4.895 2 0.530 Payment is delayed due to inheritance Decoration Hashtnagri (94%) (90%) (6%) (10%) issue. The DPs will be paid once the issue is resolved e) Affected Shop’s 46 46 12.695 39 11.955 7 0.740 Payment is under progress and PDA Decoration Firdous (85%) (94%) (15%) (6%) intends to complete it till September 2019 Payment is made to the Masjid’s f) Affected Prayer’s committee for one Masjid while none 2 - 2.705 - 2.705 - - place of the committee is existed for the prayer place. Total of (ii) 120 42.172 108 40.635 12 1.537 iii) Allowances (Reach 1) Vendors - 36 3.915 33 (92%) 3.495 (89%) 3 (8%) 0.42 (11%) Payment delayed due to Afghan DPs not having CNICs. PDA is trying to resolve the issue through Afghan consulate but so far no response. PDA needs to continue to follow up.

Implementation Status Numbers and Quantities impacted (As of June 2019) Sr. Impacts as in LARP Payable Payment Made Balance Remarks No. Quantity Total Payment Kanal/NO DPs DPs Amount DPs Amount (Rs. M) (No.) (Rs. M.) (No.) (Rs. M.) Zia Market Shopkeepers - 09 4.14 9 (100%) 4.14 (100%) 0 0 100% payment is completed Zia Market Employees - 16 1.020 11 0.73 5 0.285 Payment is under progress and PDA (69%) (72%) (31%) (28%) intends to complete it till September/October 2019 Zia Market House - 04 0.440 4 0.44 0 0 100% payment is completed

Renters/owner (100%) (100%) Prayer Place DPs - 01 0.105 1 0.105 0 0 100% payment is completed

(100%) (100%) Sardar Garhi Tenant s - 10 1.350 10 1.35 0 0 100% payment is completed

(100%) (100%) Hashtnagri Lasses - 16 9.750 14 8.375 2 1.375 The issue is running with the (Monthly) (88%) (86%) (12%) (14%) contractor and PDA is trying to resolve

the issue and to complete the payment till September/October 2019 Hashtnagri shopkeeper - 35 29.250 34 27.525 1 1.725 Payment is under progress and PDA Income loss (Monthly) (97%) (94%) (3%) (6%) intends to complete it till September 2019 Hashtnagri Shifting - - 1.170 - 1.170 - - Payment is under progress and PDA Allowance shop keeper (100%) intends to complete it till September/October 2019 Hashtnagri Employees - 47 3.075 38 2.445 9 0.630 The payment is under progress and Allowance Income & (81%) (80%) (19%) (20%) PDA intends to complete it till Vulnerability September/October 2019 19 10.850 2 2.135 The payment is under progress and Firdous Lessees(Monthly) 21 12.985 PDA intends to complete it till (90%) (84%) (10%) 93(16%) September/October 2019 Firdous Shopkeeper 37 15.935 3 4.015 The payment is under progress and 40 19.950 PDA intends to complete it till income loss (Monthly) (93%) (80%) (7%) (20%) September/October 2019 Firdous shifting allowance 1.230 0.180 The payment is under progress and - 1.410 - - PDA intends to complete it till shopkeepers (87%) (13%) September/October 2019 80 4.695 18 1.170 The payment is under progress and Firdous Employee 98 5.865 PDA intends to complete it (82%) (80%) (18%) (20%) September/October 2019

Total (iii) 333 93.53 290 81.595 43 11.935

Total (iv) 36 3.93 36 3.93

Reach 3 07 0.98 R&R 07 0.98 (100%) (100%) 07 0.315 Vendors 07 0.315 (100%) (100%)

Total (v) 14 1.59 14 1.59 Grand Total 576 1236.403 546 1222.931 55 13.472

Compensation 90% 98.91% Disbursement Source: IMR: Actual DPs are 413 DPs but reported 576 owing to having the multiple counts

The fig 2.2 and table 2.1 indicate that by Fig 2.2: Payment Status of DPs June 30, 2019, 90% of the DPs have received their compensation payment and Land livelihood assistance. Crop Payment to DPs 90% 100% includes land 100% Building St. (total 73 DPs), crops 88% 83% Tree 83% (10 out of 12), Shop decoration Hasht. trees 96% (25 out of 85% 100% 26 DPs), shops Shop decoration Firdous 94% 96% decoration Hashtnagri Allowances 94%, (33 out of 35 DPs), shop decoration Total Paid DPs Firdous market 85% (39 out of 46 DPs) and allowances 88% (315 out of 358 DPs). EMA assessed that a delay in disbursement of payments is mainly due to the low price assessment of land besides there are other factors such as minor DPs, absent DPs and Afghani national who do not have their CNIC , ultimately their bank account is not opened. The DPs are of the view that they should be provided cash compensation without requiring them to open the bank accounts. EMA recommends adding a table describing the factors (with number of unpaid DPs) due to which payment to DPs is stuck

15. Moreover, it is also confirmed from the field that 25 vendors of Reach 2 and reach 3 have also received their livelihood assistance.

16. For the completion of 100% payment to DPs, EMA found (through discussion with PIU) that PDA/PIU is making efforts to resolve the impediments but the semiannual IMR is not reflecting these efforts to that extent even nothing is annexed in the report to demonstrate these efforts (except the already presented notification of various committees). The IMR should discuss these efforts (under separate section) provide detailed activities carried out during the reporting period for resolving the impediments with evidence annexed in the report. However, EMA recommends the following;

 Approach the DPs through the potential persons/elders to submit their claims for the compensation payment;  Facilitate meeting with NADRA officials to get the CNIC of the DPs;

 Motivate legal heirs available in the settlement of the deceased DPs for early mutations and submission of claims with valid title documents.

3 Institutional Arrangements for Land and Resettlement Activities

17. All the institutional arrangements as mentioned in the LARP are on board for addressing the land acquisition and resettlement requirements. The detail is discussed as under;

3.1 Project Executing Agency

18. The Project’s executing agency (EA) is Khyber Pakhtunkhwa Urban Mobility Authority (KPUMA). Transport and Mass Transit Department (TMTD) provides administrative and secretariat support to KPUMA through the PMU at TMTD and with support of the Project Management, Coordination and Capacity Building (PMCCB) consultants. KPUMA is

13 responsible for overall coordination of the project and ensure availability and timely release of counterpart funds. The project Implementing Agencies are (IAs) Peshawar Development Authority and Trans Peshawar.

3.2 Project Implementation Unit (PIU)

19. PDA has established a Project Implementation Unit (PIU) under the Director General BRT, Peshawar. The PIU presently comprises of a Project Director, Director Coordination, Deputy Director (concerned reach), Land Acquisition Collector (LAC) with support of land staff & Social Team for Resettlement. PIU is responsible to prepare and implement the safeguard documents (through Resettlement Assistance & Disbursement Committee).

3.3 Land Acquisition and Resettlement Plan Implementation Committee

20. The Land Acquisition and Resettlement Plan Implementation Committee was notified on November 7, 2017 to ensure that safeguard management including land acquisition is in compliance with ADB, SPS 2009 requirements as well as to resolve field related issues.

3.4 Resettlement Assistance and Disbursement Committee

21. The Resettlement Assistance and Disbursement Committee was constituted (Annex- B) on December 26, 2017. The committee is headed by Land Acquisition Collector (LAC), while the members are Deputy Director concerned reach, social team, LARP Specialist of PMCSC and DPs Representatives. The committee is responsible for the compensation disbursement and livelihood assistances of the DPs as per approved LARP.

3.5 Grievances Redress Mechanism

17. A grievance redress mechanism has been established (Annex-C) in the project since November 7, 2017. The Grievance Redress Committee is headed by the District Land Acquisition Collector, Assistance District Collector, Director PDA for concerned reach, Naib Tehsildar Acquisition (NTN), Social and Gender Officer (PIU), Social and Gender Resettlement Officer (PIU), Chief Resident Engineer (Design and Supervision Consultants), & National Resettlement Consultants (Design and Supervision Consultants).

18. Reach wise focal persons were also notified on January 16, 2018 to facilitate the DPs in redressing the grievance. The STRPI has been facilitating the focal persons in investigating and providing guidance in grievance redress mechanism.

19. DPs Committees (Shura) already established was activated and revitalized to represent and safeguard interest of DPs. The Shura is also playing the role of a bridge between PIU and DPs and helping in grievance resolution. Male & Female DPCs at Sardar Garhi were established and are functioning.

20. A Gender Focal Group comprised of KPUMA, Trans Peshawar, STRPI, PMCSC and Social Welfare Department was established to implement Gender Action Plan. The focal group convenes meetings on monthly basis to review the Gender Action Plan.

21. Complaints: A total of 34 complaints were received from the DPs and most (30) of the received complaints are from the Reach-1 as given in Table 3.1. Among the total 34 complaints, 29 complaints were resolved, 3 were found not relevant, while 2 other complaints are still under resolution process.

Among the two unresolved complaints, one belong to Mr. Zahid Ullah Khan, he wanted his additional 5 Marla land (demand by BRT) should be treated as Commercial land so has gone

14 under litigation and is waiting for the court decision. The second complaint is Mr. Naveed Ahmad, according to him BRT acquired 93 Marla but his 63 Marla are included in the compensation list while the remaining 30 Marla are not included in the revenue record. Hence, he has also gone under litigation. It is noteworthy that both the complainants have given the possession of particular piece of land to BRT to avoid any hindrance in the project activities. Another complaint was raised from Mr. Mirza Khan but that is not reflected in the semiannual report. It is stated as that the configuration/arrangement of the canopy at north side of BS-08 is under consideration for revision without bringing it to DPs knowledge. The changing in the canopy location, sized and design will affect the light and air flow in the pedestrian market and may lead to suffocation in the underpass. Therefore, this change is not appropriate and will not be acceptable to DPs like Mirza Khan. The consultant shares the design drawing with minor changes that does not cause any disturbance on the ventilation. Mr. Mirza was agreed with the design as reported by the CSC. The DPs (Wajid Ali and Ayub shah etc) of Firdous underpass logged the complaint to OSPF for delay in monthly payment in the form of livelihood assistance. The DPs did not receive the payment until December 2018. Later, the reconciliation was made between the DPs and PDA to immediately disburse the part of the payment to DPs immediately while remaining will be paid once PDA have the funds, the detail is presented in Annex-C. The DPs then withdrew the complaint from OSPF.

Table 3.1: Grievance Redress Status Grievance Grievance Reach Grievance Resolved Court Cases Received Rejected

Reach 1 30 1 27 02 Reach 2 1 0 1 0 Reach 3 3 2 1 0 Total 34 3 29 02 Source: Semi annual report

22. The complaints were also received during the visit (of EMA) related to the inclusion of the names of DPs (vendors) in the compensation list. These complaints were verbal, whenever, the visitor visits them; they perceive him/her to be the authority for the complaint resolution, that’s why they raise their complaint in front of the visitor. EMA based on the complaints recommends that PIU should report all the complaints in the semiannual report. It was good effort from PIU/PDA to resolve those complaints even one was registered in the OSPF.

23. It was also recommended to register (through focal persons) the verbal complaints of the DPs and these must be processed and discussed in the GRC meeting, even this should be placed in the agenda of DPC meeting. The local people and DPs must be informed of the status of the complaints through the meetings. This action must be monitored and reported in the IMR.

24. EMA also found that the efforts are made by the PIU (through GRC) to resolve the logged complaints. However, it is recommended that GRC meeting should be organized on frequent basis to minimize the complaints. PIU (through the Resettlement implementation and disbursement committee) should update the DPs about the on-going status of the project and address the queries of the DPs in term of project designing, assessment of prices of lost assets and compensation payment.

3.6 Formation of Displaced Persons Committees (DPCs)

25. EMA found through IMR, discussion with the PIU and Resettlement Committee that a proper DPC is not established in each settlement; simply the DP’s representatives/focal persons are selected. Notably, only few women groups are existed despite the presence of 40 enlisted female DPs, eventually female DPs do not have the proper forum to raise their concerns.

26. EMA recommends that the females DPCs must be immediately established in each location, so that in case of any concern or issue, females can raise their voice there. EMA also recommends that the representatives of male DPs must be cleared about their roles and responsibility for taking them on board.

4 Consultation and Information Disclosure

27. PIU is conducting consultations with DPs since the LARP planning and implementation. The consultations focused on the compensation assessment, eligibility criterion and entitlements, and compensation disbursement process.

28. EMA found that the PIU held meetings as reflected in Section 5 of the report. However, the detail of the meetings given in the Annex-7 does not cover the study period; simply the meetings for the year 2017-18 are reflected. Those meetings were mostly held with the male DPs while the frequency of the meetings with female DPs are low in most of the cases only 1 to 3 were the participants of the meeting.

29. EMA recommends the following;

i. Replace the Annex-7 with the latest meetings held during the study period;

ii. The frequency of the meetings must be increased, i.e., at least one meeting in each location/settlement on monthly basis;

iii. Schedule of the meeting must be shared (well advance) with the DP’s representatives;

iv. DPs and their representatives must be informed about the importance of these meeting.

v. Minutes of the meetings in summarized forms must be reflected in the IMR.

vi. The issues raised and follow up of the action taken must be shared with the DPs during the meeting.

5 Miscellaneous Feedback

5.1 Need to present the Evidences of Good Faith Efforts

30. EMA found (through discussion with PIU) that PDA/PIU is making good efforts to resolve the impediments in making100% payment to DPs but IMR is not properly covered these good faith activities. IMR should discuss (under separate sections) detailed activities carried out during the reporting period for resolving the impediments. Additionally, those efforts should be reflected with the evidences, i.e., statement, certification, undertaking & letter etc.

5.2 Need to Present the Employment /livelihood Restoration Record of all the Persons

31. EMA found that the employment status of 39 locals including 12 DPs is reflected in the IMR, although the figure should be presented for all the hired persons including non-locals persons to know the percentage of the locals/DPs. The EMA recommends that the IMR will include analysis of reported data on project based employment of local people including DPs. It will give the picture how many locals including the DPs are benefitted (in term of livelihood restoration) from the project. EMA also found the good move by the PDA to conduct the profile survey and prepared the list of 62 potential candidates among the DPs for future jobs opportunity. It is recommended that the list must be monitored and reported in the forth- coming in term of jobs provision to locals people and is validated by the EMC.

5.3 Need to Consolidate the DPs Number

32. PDA/PIU need to consolidate the number of DPs; these are varied in various tables and texts given in the IMR. The numbers are reported 413, 422 and 418 in the various sections of the report.

5.4 Need to Develop the MIS

33. EMA found that IMR is completely calm related to MIS, even as reported by PIU none of the MIS specialist is taken on board. EMA recommends that PIU should develop the Management Information System (MIS) to transfer the computerized data and data entry must be done on daily basis and backlog must be cleared immediately. The progress of MIS must be monitored in routine

5.5 Need to make the Clarity in the Linear Map

34. The linear map presented in the Annex-6 of the IMR does not indicate the clarity for reach 1, i.e., the payment and nonpayment of land and trees are merged/overlapped in the same section. It is suggested that a table may be inserted in the main text of the report to present a section wise implementation status. Additionally, Table 3 and Table 5 indicate that land compensation has been paid to all 73 DPs while Table 5 reveals that land compensation is paid to 67 DPs while 6 DPs are still waiting for compensation payment.

6 Conclusion

35. The Semiannual report indicates that 98.91% (1222.9m/1236.4m) of amount has been disbursed in terms of compensation payment and livelihood assistance. While in terms of DPs payment level, 90% (496/551) of the DPs have received their compensation payment and livelihood assistance. Payment to DPs by type of impact includes land 100%, crops 83%, trees 96%, shops decoration 91% and allowances 88%.

36. PDA/PIU intends to complete the compensation disbursement until September, 2019. The delay in disbursement of payments due to the lack of transfer of land ownership rights besides there are other factors such as minor DPs and Afghani national who do not have their CNIC , ultimately their bank account is not opened.

37. Status of awareness among the DPs regarding the compensation payment and livelihood assistances was found 100%. However, few DPs were not happy over the prices assessed for the lost assets. On the other hand, the vendors are happy on the compensation payment.

38. The DPs have made the good use of the compensation payment amount, mostly invested in the business activities.

39. The report also indicated that all the institutional arrangements, consultation and grievance redress mechanisms as mentioned in the approved LARP are in place and generally functioning well. However needs improvement in the functioning of GRM and DPCs.

40. Most of the people have the awareness about the grievance redress mechanism and they know where to approach in logging their complaints.

41. PIU’s staff needs trainings to put in place an achievable work plan, improve outreach to DPs, timely reporting of periodical reports, fully functional management information system and complaint handling process.

42. PIU/PDA has generally demonstrated good faith efforts in its attempt to complete 100% payment to all the DPs. However due to some legal and administrative impediments there are 10% DPs whose payment is either slow or stuck. The efforts for the disbursement of payment to DPs (where the payments unfortunately found to be stuck due to some legal and administrative impediments) seems to be consistent with the ADB’s Safeguard Policy Statement (SPS), 2009 related to disbursement of compensation and initiation of construction work. However, these good faith efforts are not properly reflected in the IMR.

43. The frequency of the consultation meetings with the DPs especially with the females is very slow, even the participation of the meetings is also not encouraging.

44. The EMR also showed that the road construction project is underway without any serious complication regarding ‘social’ matters, though it is very common in such types of BRT project.

45. PIU does not have any Management Information System (MIS) to transfer the computerized data.

46. The compensation payment of data on individual basis must be annexed in the report.

47. Need to make the linear plan self-explanatory as already presented (Annex-6 of the IMR) linear map caused the overlapping of various activities.

7 Recommendations

49. PDA/PIU needs to continue its efforts to make the payment to DPs on 100% basis, i.e., continues follow up with the board of revenue for the transfer of land record and office of the CNIC for the formation of the CNIC. The status of payment should be continued to reflect in the IMR (validation by EMA).

50. The good faith efforts should be documented properly. The evidences of the efforts must be annexed in the IMR.

51. Need to provide the list of the DPs (in the IMR) whose payment is stuck up owing to the legal and administrative impediments.

52. The consultation meetings with the DPs must be conducted on regular basis to facilitate them in resolving any grievances and issues pertinent to payment pending due CNIC and problems with land records, etc. Progress on these cases needs to be reported in the internal monitoring report and verified by EMA.

53. The regular meeting of the GRC is essential to immediately address the complaints of the DPs. Additionally; the DPs must have knowledge and access to grievance redress system.

54. The PIU team needs more guidance and training in handling the safeguard matters of BRT project. A training session based on needs assessment in implementation of LARP must be arranged;

55. PIU should develop the Management Information System (MIS) to transfer the computerized data and data entry must be done on daily basis and backlog must be cleared immediately. The progress of MIS must be monitored in routine

56. Need to consolidate the number of DPs; these are varied in various section of the report.

57. The semi biannual report seems to be mixed up of the progress of civil work and LARP implementation process eventually feels difficulty to understand the data especially in the Table 2. It is recommended that there must be clarity to present the data/information for easy understanding.

Table 7.1: Proposed Action Plan

S# Impact/Indicator Proposed Actions Timeline Responsibility Remark

 Motivate the DPs for the preparation of their files for Complete the payment. On-going PDA, PIU &  Ensure the 100% 1 remaining  Follow up with LAC to speedily processing the activity PMCSC payment to all DPs payment submitted files of DPs  Increase the frequency of the meeting, i.e., at least Regularity in monthly basis  Ensure the regularity the On-going PDA, PIU & 2  Prepare and annex the minutes of the meeting in consultation Consultation process PMCSC meetings with the DPs  Maximize the number of participants in the consultation meetings  Registration of verbal complaints Strengthening  Put on the agenda of GRC meeting On-going PDA, PIU &  Ensure the 3 of GRM  Enhance the coordination with the DPC at settlement activity PMCSC strengthening of GRM level  Increase the frequency of the meetings  Ensure the Strengthening  Ensure the participation of all members of DPC On-going PDA, PIU & 4 strengthening of Male of Male DPC  Increase the number of committee members activity PMCSC DPC  Note the minutes of the meeting regularly  Facilitate the DPs to have the CNIC, opening of bank Continuity in the account and preparation of required documents Ensure 100% efforts to On-going PDA, PIU & 5 Follow up with the revenue officials to transfer the compensation payments remove the  activity PMCSC land record to DPs impediments

 Take on board the MIS specialist  All the computerized data must be transferred to Management system. September, Ensure the updating of 6 Information PDA & PIU  The data must be entered on daily basis and 2019 MIS System backlog must be cleared immediately  Progress of MIS must be monitored in routine

S# Impact/Indicator Proposed Actions Timeline Responsibility Remark

 The activities to be undertaken must be recorded properly Present the  Evidences of the efforts must be presented in the Ensure that all the good good faith report On-going PDA , PIU & 7 faith efforts are presented efforts in the Enhance the coordination among the various LARP Activity PMCSC  in the report IMR implementation committees.  The regular meetings of committee must be organized

Annex the Payment status  Need to update the payment status of individual DP PDA, PIU, September Produce the payment 8. of DPs on  Cover the issues causing impediments PMCSC & 2019 status of individual DPs Settlement  Estimated time frame to complete the Payment Consultants Basis

Annex-A: List of Participants S. # Name of APs Father Name Status of AP Landmark/ Location 1 Zahidullah Muheebullah Shopkeeper Zia Market – Chamkani 2 Rahatullah Muheebullah Shopkeeper Zia Market – Chamkani Non AP/ neighbor 3 Jalal Khan Gul Muhammad Zia Market – Chamkani shopkeeper Non AP/ neighbor 4 Taimoor Khan Munir Khan Zia Market – Chamkani shopkeeper Non AP/ neighbor 5 Ihsanullah Gul Shah Zia Market – Chamkani shopkeeper 6 Sher Wali Laal Gul Vendor Chamkani area 7 Abdur Rahim Gul Zali Khan Vendor Hashtnagri area 8 Sabir Jan Muhammad Din Vendor Hashtnagri area Muhammad Arif 9 Fazal Khan Vendor Hashtnagri area Khan 10 Fazal Rehman Gul Rehman Vendor Hashtnagri area 11 Tasbeehullah Muhammad Dil Jan Vendor Hashtnagri area 12 Imran Khan Ghazi Rehman Vendor Hashtnagri area Non AP/ neighbor 13 Alamgir Khan Ajab Khan Hashtnagri area vendor Non AP/ neighbor 14 Nazir Gul Malam Jan Hashtnagri area vendor Non AP/ neighbor 15 Faqir Gul Bakhtiar Khan Hashtnagri area vendor 16 Usman Khan Gulab Shah Vendor Firdous area 17 Shaukat Ali Ghulam Sarwar Shopkeeper Firdous area Watchman of 18 Muhammad Rauf Abdur Rauf Firdous area Firdous underpass 19 Abdus Saman Ghulam Habib Vendor Firdous area 20 Tilawat Khan Daud Shah Vendor Firdous area 21 Samiullah Lali Gul Vendor Firdous area Non AP/ neighbor 22 Dost Muhammad Abdul Qasim Firdous area vendor 23 Jangi Khan - Vendor Firdous area Non AP/ neighbor 24 Naeemullah Abdus Samad Firdous area vendor Watchman of 25 Ashraf Ali Abdur Rauf Firdous area Firdous underpass Qari Hidayat ur 26 Muhammad Amaan Shopkeeper Firdous underpass Rehman 27 Abdur Rehman Muhammad Amaan Employee Firdous underpass 28 Sher Jan Tor Jan Employee Firdous underpass Muhammad 29 Khan Noor Employee Firdous underpass Ibrahim 30 Muhammad Islam Muhammad Amaan Employee Firdous underpass 31 Shams ur Rehman Muhammad Amaan Employee Firdous underpass 32 Sher Rehman Mir Rehman Employee Firdous underpass 33 Lawang Khan Muhammad Afzal Shopkeeper Firdous underpass 34 Yar Muhammad Aleem Jan Employee Firdous underpass 35 Subhanullah Sher Khan Employee Firdous underpass 36 Abdul Wajid Lawang Khan Employee Firdous underpass 37 Wajid Ali Nadeem Rahim Bakhsh Shopkeeper Firdous underpass 38 Amna Bibi Rahim Bakhsh Owner of Shop Firdous underpass

39 Rukhsana Bibi Rahim Bakhsh Owner of Shop Firdous underpass 40 Naveed Walid Abdul Walid Employee Firdous underpass 41 Abdul Latif Rehmat Jan Vendor Spin Masjid area 42 Abdul ul Haq Sultan Muhammad Vendor Spin Masjid area

Annex-B: Table showing the women activities in the project area as per Gender Action Plan

Date Women Activities Objectives Number of participants

Feb 5th, 2018 Meetings with the  Preparation for 27th GAP meetings 7 architects

Feb 18th. GAP meeting at TP  GAP implementation meeting and 12 2018 role and responsibilities of the different stakeholder March 3rd, Meeting with UN women  To collect list of the business 27 2018 on 8th March community of UN women for PSBRTC women commercial places March 21st, Meeting with WCCIP  Awareness raising regarding the 6 2018 commerecial places on the PBRTCP

March 28th, Meeting with WCCIP  Awareness raising regarding the 7 2018 commercial places on the PBRTCP

April 2nd, Meeting with WCCIP  Collection of business women group 7 2018

April 11th, Meeting with Firdous  Case studies of Rukhsana and 4 2018 under pass Affecties Amina prepration women

April 25th, Formation of Aps groups  Three groups of women formation in 24 2018 in Sardar Garhi their different location

May 9th, 2018 4 Number of Women  To explore satisfaction of the 20 meetings at Sardar Garhi displaced person regarding compensation amount  To identified the DPs further future livelihood plan  Women DPs priorities regarding the compensation amount. May 22nd, Meeting with Sardar  Case study of Ashrafia bibi 4 2018 2018 women preparation

June 8th, Individual contact with the  Women DPs priorities regarding the 16 2018 Sardar Garhi women compensation amount. group meeting

June 14th, Meeting with the UN  Attended Meeting regarding Sakoora 60 2018 women Busess

June 17th, Meting with PTV  Awareness raising program and 5 dissemination of brochure of 2018 BSPRTC

June 23rd, Meeting with Radio  Awareness raising program and 4 2018 dissemination of brochure of BSPRTC August 12th, Meeting with women at  Case studies of Zakia 2 2018 Chamkani

September Meeting with women  Firdus under pass affecties women 6 3rd, hanifa case study Junid aabad

2018

September Visit to reaches 1-2-3  To facilitated the women on 6 6th, harassment at work places act 2010 and dissemination of chart 2018

September Visit to reaches and  To facilitate the women on reaches 18 15th, building for women staff and visit with them to schools, hospitals 2018

October 5th, ZU Demo Bus and shared  different organization women’s came 29 the GAP key features from Peshawar, Mohmend Agency, 2018 Para Chinar, Kurrum Agency

November Attended meeting in PDA  To explore satisfaction of the 17 16th, with the women APS displaced person regarding compensation amount 2018

Dec 2018 GAP meeting  Participation in GAP meetings 7

April 2019 GAP meeting  Participation in GAP meetings 7

Annex-C: Detailed of Complaint logged to OSPF

Pictorial view of external monitor visit and discussion with project affected persons

EM verifying compensation from vendor in Chamkani area in Reach ‐ 1 View of discussion with APs of Z ia Market in Chamkani area in Reach ‐ 1

The external monitor‐ADB verifying the payment of compensation to APs (vendors & shopkeepers) in Hashtnagri area in Reach‐1

View of discussion with APs (vendors & shopkeepers) in Firdous area in Reach‐1

EMA is in discussion with APs (vendors) in Reach‐3