Resettlement Action Plan
Total Page：16
File Type：pdf, Size：1020Kb
FATA Emergency Rural Roads Project (FERRP) Resettlement Action Plan Resettlement Action Plan (RAP) FATA EMERGENCY RURAL ROADS PROJECT (PHASE-I) Public Disclosure Authorized Bajaur Agency Road (NCB-BAJ-01) Road 1-1: Kharkano – Kulala Road Orakzai Agency Roads (NCB-ORK-01) Road 1-1: Largri Tan – Dop Sana Road 1-2: Dargai – Shamim Khel Road 1-3: Palosia – Hakim Killi KhawariaiRoad 1-4: Dargai – Ghakhi – Sharo Dogal RP1369 Public Disclosure Authorized Public Disclosure Authorized December, 2012 Works and Services Department, FATA Khyber Road, Peshawar Telephone No.: 92-91-9211725, Fax No.: 92-91-9211835 Public Disclosure Authorized i FATA Emergency Rural Roads Project (FERRP) Resettlement Action Plan ABBREVIATIONS ESSAF Environmental and Social Screening and Assessment Framework FERRP FATA Emergency Rural Roads Project KPK Khyber Pakhtunkhwa MDTF Multi-Donor Trust Fund NGOs non-governmental organizations PAPs Project Affected Persons AHHs Affected Households APA Assistant Political Agent CAS compulsory acquisition surcharge Col Corridor of Impact DD Deputy Director EXN Executive Engineer FIU Field Implementation Unit GRM Grievance Redress Mechanism IA Implementing Agency IFC International Finance Corporation IR Involuntary Resettlement LAA Land Acquisition Act M & E Monitoring and Evaluation OPL Official Poverty Line Ops Operational Policy PACs PAPs Committees PAFs project affected households PESCO Peshawar Electric Supply Corporation PMU Project Management Unit RAP Resettlement Action Plan ROW Right of Way SRC Social and Resettlement Committee W&SD Works & Services Department WB World Bank ii FATA Emergency Rural Roads Project (FERRP) Resettlement Action Plan GLOSSARY Kharif summer cropping season of the year (15th April – 15th September) Rabi winter cropping season of the year (15 September – 15th April) Tehsil Tehsil is a sub-district (i.e. the layer of administration below a district). Tehsildar The administrative head of a Tehsil. Malik The chieftain of a tribe/ clan in tribal areas of Pakistan. DEFINITION OF TERMS Project Affected Household: All members of a subproject affected household residing under one roof and 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. Project Affected Persons: Any person affected by loss of assets or income due to Project-related changes in the use of land, water or other natural resources Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Cut-off-date: The date on which census/ inventory assessment is made. All people affected on the date of census are considered as eligible for the payment of compensation. Encroachers/ squatters: 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. Income Restoration: Re-establishment of income sources and livelihoods of PAPs. Involuntary Resettlement: Land and/or asset loss which results in a reduction of livelihood level. These losses have to be compensated for so that no person is worse off than they were before the loss of land and/or assets. Improvements: Structures constructed (dwelling unit, fence, waiting sheds animal pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration. Rehabilitation: Compensatory measures provided under the WB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets. Relocation: The physical resettlement of PAPs from his/ her pre-program place of residence. Replacement Cost: The value determined to be fair compensation for various types of land such as agricultural and residential etc., crops, trees, and other commodities based on current market rates; the cost of rebuilding houses and structures at current market prices of building materials and labor, without depreciation or deductions for salvaged building material. Vulnerable Groups: Distinct group of people who may suffer disproportionately from resettlement 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. iii FATA Emergency Rural Roads Project (FERRP) Resettlement Action Plan EXECUTIVE SUMMARY ES-1 Introduction 1. The Works & Services Department, (W&SD), Federally Administered Tribal Areas (FATA), Government of Pakistan has launched the “FATA Emergency Rural Roads Project (FERRP) Phase- I, from the funds of Multi-Donor Trust Fund (MDTF), administered by the World Bank. The project aims to provide a reliable rural roads network to have the access to the adjoining villages and ultimately provincial roads in the tribal areas of FATA. The major objective of the project is to increase year round access to economic opportunities and social services for poor rural population in the crisis-affected areas of Bajaur and Orakzai agencies (Tribal Districts). The main beneficiaries of the project are the population of Bajaur and Orakzai agencies at large. This Resettlement Action Plan (RAP) has been prepared in consultation and coordination with the office of Chief Engineer-W&SD, FATA, Assistant Political Agents, Executive Engineers (W&SD), the experts on tribal issues, local elders and Malik as well as the Project Affected Peoples (PAPs) of respective agencies in accordance with the World Bank’s Policy on Involuntary Resettlement and provision made in Frontier Crime Regulations 2011, land acquisition and resettlement practices prevail in FATA . The project has divided into two phases and four civil works packages. This Social Impact Assessment (SIA) and RAP covers 2 road packages consisting of 5 Rural Roads1 under the Phase-I of FERR Project. The RAP is based on the census survey of 100% Project Affected Persons' (PAPs), socioeconomic survey of 30% project affected households/Families (PAFs), village profiles from all adjoining villages/ settlements, and public consultations/ meetings along the road alignment, interviews, Focus Group Discussions (FGDs) with the PAFs/ PAPs and other stakeholders, in accordance with the World Bank Policy 4.12 on Involuntary Resettlement. ES-2 Project Description 2. The Works and Services Department (W&SD) is the Project Implementing Agency (IA) and the project duration is 2.5 years. The proposed contract package of NCB-BAJ-01 and NCB-ORK-01 (consisting of 5 rural roads) located under the jurisdiction of Bajaur and Orakzai agencies of FATA. Kharkano to Kulala Road: 19.290 km with totally new alignment located in Bajaur Agency. The proposed road passes through the green fields, katcha tracks, hilly areas, barren/waste lands. 4 small rural roads with totally new alignment having a total length of 8.142 km in Orakzai agency (Largri Tan to Dop Sana (2.044 Km), Dargai to Shamim Khel (1.68 Km), Palosia to Hakim Killi Khawari (2.255 Km), Dargai to Ghakhi to Sharo Doghal (2.235 Km) - The major activities to be carried under the proposed road are construction of road with a RoW of about 9 meters, construction of retaining and breast walls, construction of culverts and causeways, installation of traffic road-signs and kilometer posts. ES-3 Summary of Project Social/ Resettlement Impacts 4. The proposed project involves acquisition of 60.6 acres of private land owned by 333 land owners due to which, 16 private structures (including 5 residential rooms, 5 boundary walls of privately owned residential houses and 1 school, 2 private tube wells, and 3 private water tanks), a water supply line being used by the community, about 43.21 acres of cropped area and a total of 1805 trees (359 fruit and 1,446 wood/ timber trees) will be affected. In addition, 9 electric poles will also need to be shifted to nearby locations to maintain supply of electricity to the local communities. ES-4 Legal and Policy Framework 5. The World Bank Policy on Involuntary Resettlement requires full compliance of the policy principles and requirements. The Policy principles require that the land acquisition and resettlement impacts 1 i) Kharkano – Kulala (Bajur Agency); ii) Largri Tan – Dop Sana; iii) Dargai – Shamim Khel; iv) Palosia – Hakim Killi Khawani; v) Dargai – Ghakhi – Sharo Dogai (Lower Orkazai Agency). iv FATA Emergency Rural Roads Project (FERRP) Resettlement Action Plan should be avoided and if avoidance is not possible, the adverse impacts should be minimized and mitigated by exploring all possible alternative options or adopting the most viable options. This RAP has been prepared keeping in view the provisions of the prevailing law of Frontier Regulations 1901 (FCR) and amended FCR 2011, tribal people customs, World Bank Involuntary Resettlement Policy (OP/BP 4.12) and Access to Information Policy (July 2010). An Environment and Social Screening and Assessment