47021-002: Federally Administered Tribal Areas Water Resources

Home , Ali Masjid Fort, Bajaur District, Frontier Regions, Jamrud, Khyber District, Kurram District

Land Acquisition and Resettlement Plan ______

Project Number: 47021-002 Loan Number: 3239

PAK: Federally Administered Tribal Areas Water Resources Development Project

Magoo Dand Dam Sub Project (Updated Land Acquisition and Resettlement Plan)

Prepared by Project Management Unit, SDU, Government of Khyber Pakhtunkhwa, Pakistan

For the Asian Development Bank Date received by ADB: 30 Sep 2020

NOTES

(i) The fiscal year (FY) of the Government of the Islamic Republic of Pakistan and its agencies ends on 30 June. (ii) In this report “$” refer to US dollars.

This land acquisition and 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. FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

Federally Administered Tribal Areas Water Resources Development Project (FWRDP)

Document stage: Final/Updated LARP July 2020 Project number: 47021-002 ADB Loan Number: 3239-PAK

Magoo Dand Dam Sub Project

Updated Land Acquisition and Resettlement Plan September 2020

Prepared by:

Project Management Unit (PMU) of FWDRP - FATA Secretariat, Peshawar, Government of Pakistan with assistance of BAK Consulting Engineers (PAK), AGES Consultants and Rehman Habib Consultants (RHC) (Pvt) Ltd. (PAK)

FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

TABLE OF CONTENTS

1 INTRODUCTION ...... 7 1.1 GENERAL ...... 7 1.2 PROJECT BACKGROUND ...... 7 1.3 NECESSITY OF MAGOO DAND DAM ...... 8 1.4 PROJECT AREA & DAM LOCATION ...... 8 1.5 Scope of Work ...... 11 1.6 DESIGN COMPONENTS WHICH INVOLVE LAND ACQUISITION...... 11 1.7 ADB SAFEGUARD POLICY STATEMENT AND NEED FOR LARP ...... 11 1.8 DUE DILIGENCE OF THE PROJECT ...... 12 1.9 PROJECT CATEGORIZATION ...... 12 1.10 RESETTLEMENT PROCESSING REQUIREMENTS ...... 13 1.11 MOBILIZATION OF CIVIL WORKS CONTRACTOR ...... 13 2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 2-14 2.1 OBJECTIVES OF LAND ACQUISITION AND RESETTLEMENT PLAN ...... 2-14 2.2 SCOPE OF LAND ACQUISITION ...... 2-14 2.3 IMPACT ON LAND ...... 16 2.4 PROCESS AND SCOPE FOR VOLUNTARY LAND DONATION ...... 17 2.5 Principle for Voluntary Land Use or Land Purchase through Negotiated Agreement ...... 17 2.6 PROCEDURES FOR LAND SCREENING/ASSESSMENT AND DUE DELIGIENCE ...... 17 2.6.1 SCREENING/ASSESSMENT ...... 17 2.7 VOLUNTARY LAND-USE AGREEMENT ...... 18 2.8 TERMS OF PARTNERSHIP/AGREEMENT ...... 19 2.9 LAND-PURCHASE THROUGH NEGOTIATED AGREEMENT ...... 19 2.10 THIRD-PARTY VERIFICATION/EXTERNAL MONITOR ...... 20 2.11 DOCUMENTATION ...... 21 2.12 GRIEVANCE REDRESS MECHANISM ...... 21 2.13 IMPACT ON INCOME/LIVELIHOOD ...... 21 2.14 IMPACTS ON TREES ...... 21 2.15 IMPACT ON BUILDING AND STRUCTURE ...... 21 2.16 IMPACT ON GRAZING LAND OR FISHING ACTIVITIES ...... 21 2.17 IMPACT ON WATER COURSES ...... 21 2.18 IMPACT ON CATTLE SHADES ...... 21 2.19 OTHER ASSETS ...... 21 2.20 IMPACT ON INDIGENOUS PEOPLE ...... 22 2.21 SIGNIFICANCE OF SOCIO-CULTURAL IMPACTS ...... 22 2.22 ARCHEOLOGICAL, HISTORICAL AND RELIGIOUS SITES ...... 22 2.23 IMPACT ON VULNERABLE PEOPLE ...... 22 3 SOCIO-ECONOMIC PROFILE ...... 23 3.1 DEMOGRAPHIC SPREAD OF PASHTUNS IN AND AROUND FATA REGION ...... 23 3.2 PASHTUN TRIBAL STRUCTURE AND SOCIETY IN FATA ...... 24 3.3 PROJECT LOCATION WITH AFFECTED PEOPLE ...... 25 3.4 ADMINISTRATIVE SET UP ...... 25 3.5 DEMOGRAPHIC PROFILE ...... 26 P a g e | 2

FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 3.5.1 POPULATION ...... 27 3.5.2 FAMILY SIZE ...... 27 3.5.3 DWELLING ...... 28 3.5.4 LANGUAGE ...... 28 3.5.5 THE FAMILY SYSTEM ...... 28 3.5.6 Food ...... 28 3.5.7 Dress and Ornaments ...... 28 3.6 LIVESTOCK ...... 29 3.7 CONFLICTS RESOLUTION MECHANISM ...... 29 3.8 RELIGIOUS BELIEFS ...... 30 3.9 WATER SUPPLY AND SANITATION ...... 30 3.10 POVERTY ...... 31 3.11 HEALTH FACILITIES ...... 31 3.12 SOCIAL ORGANIZATION ...... 32 3.13 AGRICULTURE ...... 32 3.14 EDUCATION ...... 33 3.15 ECONOMIC FEATURES ...... 33 3.16 MINING ...... 34 3.17 ROADS ...... 34 3.18 TELEPHONE FACILITIES ...... 34 3.19 SITES OF HISTORICAL SIGNIFICANCE...... 34 3.20 GENDER ISSUES ...... 35 3.21 Land Rights ...... 36 4 PUBLIC CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 37 4.1 GENERAL ...... 37 4.2 IDENTIFICATION OF PROJECT STAKEHOLDERS ...... 37 4.3 OBJECTIVES OF STAKEHOLDER CONSULTATIONS ...... 37 4.4 INFORMATION DISSEMINATED ...... 39 4.5 OUTCOMES OF FGD WITH Aps and LOCAL RESIDENTS...... 40 4.6 FINDINGS OF FGD WITH AFFECTED LANDOWNERS ...... 42 4.6.1 Outcomes of FGD with Jirga ...... 42 4.6.2 Consultation with the Deputy Commissioner and District Revenue Officer ...... 43 4.7 OTHER CONCERNS/FEEDBACK ...... 43 4.8 Water Supply/Drinking Water/Irrigation Water ...... 44 4.9 Health/Medical Facilities ...... 44 4.10 Education ...... 44 4.11 GENDER INVOLVEMENT IN THE CONSULTATION PROCESS ...... 44 4.12 Gender Aspects ...... 44 4.13 Key Findings ...... 45 4.14 Women Issues and Development Needs ...... 46 4.15 FUTURE CONSULTATIONSAND PARTICIPATION AND LIMITATIONS...... 46 4.16 DISCLOSURE OF LARP ...... 46 5 GRIEVANCE REDRESS MECHANISM ...... 48 5.1 General ...... 48 5.2 Objectives of Grievance Redress Mechanism ...... 48 5.3 Principles ...... 49 5.4 Awareness of GRM ...... 50 5.5 Implementation of GRM ...... 51 5.6 INFORMATION DISSEMINATION AND COMMUNITY OUTREACH ...... 53

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 6 LEGAL AND POLICY FRAMEWORK ...... 54 6.1 Land Acquisition Act ...... 54 6.2 ADB's Policy and Resettlement Principles ...... 55 6.3 Comparison of LAA and ADB Policy Principles and Practices ...... 56 6.4 Reconciliation between Pakistan’s Acts and ADB SPS ...... 58 6.5 Legislation relevant to Land Classification ...... 58 7 ENTITLEMENTS, ASSISTANCE AND BENEFITS ...... 60 7.1 GENERAL ...... 60 7.2 COMPENSATION ELIGIBILITY ...... 60 7.3 CUT-OFF DATE ...... 60 7.4 COMPENSATION ENTITLEMENTS...... 60 7.5 Loss of Source of Income ...... 61 7.6 ENTITLEMENT MATRIX ...... 61 8 RESETTLEMENT BUDGET ...... 62 8.1 GENERAL ...... 62 8.2 COMPONENTS OF THE COST ESTIMATES ...... 62 8.3 Land Acquisition Costs ...... 62 8.4 Crop Compensation Cost ...... 62 8.5 Lost Income/Livelihood Allowance...... 62 8.6 Monitoring and Evaluation ...... 62 8.7 Administration Cost ...... 62 8.8 Taxes ...... 62 8.9 LARP IMPLEMENTATION BUDGET ESTIMATES ...... 63 9 INSTITUTIONAL ARRANGEMENTS ...... 64 9.1 District Administration ...... 64 9.2 Project Management Units ...... 64 9.3 Safeguards Management Cell at PMU ...... 64 9.4 Grievance Redress Committee ...... 65 9.5 Jirga/CO (Council of Local Leaders) ...... 65 9.6 Construction Supervision Consultants (CSC) ...... 66 10 MONITORING AND REPORTING ...... 67 10.1 Need for Monitoring and Reporting ...... 67 10.2 DISCLOSURE ...... 67 ANNEXURES ...... 71 Annex I. Questionnaire ...... 71 Annex II. Negotiated Purchase of Land (Agreement) from 5 Landowners ...... 74 Annex III. Receipt of Payment Disbursement...... 75 Annex IV. Terms of Partnership of Voluntary Land Donation by Community Members (list attached on Judicial Paper of Urdu TOP) ...... 76 Annex V. SELECTION CRITERIA FOR SUB-PROJECTS ...... 80 Annex VI. Involuntary Resettlement and Indigenous People Checklists...... 81 Indigenous People Categorization Checklist ...... 83 Annex VII. Notification of Committee ...... 85 Annex VIII. INVENTORY OF LOSSES AND APs (of Cultivable Land) WITH COMPENSATION AMOUNT AGREED THROUGH PRIVATE NEGOTIATIONS ...... 86 Annex IX. Twenty-fifth Amendment of the Constitution of Pakistan ...... 87 Annex X. Historical Background of FATA Region ...... 88

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Annex XI. Role of Jirga in tribal system ...... 89 Annex XII. List of landowners who donated land and sold the land ...... 91

LIST OF TABLES & FIGURES Table 1.1: Coordinates of Proposed Dam ...... 9 Table 2.1: Summary of Impact on Land...... 16 Table 3.1: Population Details of Khyber Tribal District ...... 27 Table 3.2: No. of Functional Govt. Schools and Enrolment in Khyber (2014-15) ...... 33 Table 4.1: Stakeholder Consultations Conducted for Magoo Dand sub project ...... 39 Table 7.1: Entitlement Matrix ...... 61

Figure 1.1: Project Location ...... 10 Figure 1.2: Design of Typical Cross Section ...... 11 Figure 2.1: Impact on Land ...... 2-15 Figure 3.1: Khyber District Map ...... 25 Figure 5.1: Proposed GRM ...... 52 Figure 10.1:Pictures of consultation with community ...... 68

ABBREVIATIONS ADB Asian Development Bank AP Affected Person CBO Community Based Organization COI Corridor of impact CSC Construction Supervision Consultant DCR District Census Report DD Deputy Director DH Displaced Household DO District Officer (revenue) EMC External Monitoring Consultant GOP Government of Pakistan GRC Grievance Redress Committee IMC Independent Monitoring Consultant IP Indigenous People Km Kilometer LAA Land Acquisition Act 1894 LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan M Meter M&E Monitoring and Evaluation NGO Non-Governmental Organization PMU Project Management Unit RFS Resettlement Field Survey SPS Safeguard Policy Statement 2009 TA Technical Assistance TL Transmission Lines TOR Terms of Reference

GLOSSARY

Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced.

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Cut-off-date: The completion date of the census of affected persons (APs) is usually considered the cut-off date. A cut-off date is normally established by the borrower government procedures that establish the eligibility for receiving compensation and resettlement assistance by the APs. In the absence of such procedures, the borrower / client will establish a cut-off date for eligibility.

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

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

Entitlement: Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to APs in the respective eligibility category.

Involuntary Resettlement: Development project results in unavoidable resettlement losses that people affected have no option but to rebuild their lives, incomes and asset basis elsewhere.

Jirga: Gathering of elders of tribe/tribes to discuss and resolve tribal issues.

Land Acquisition: The process whereby a person is compelled by a public agency to alienate all or part of the land she/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation.

Meaningful consultation: A process that (i) begins early in the project preparation stage and is carried 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) is 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 displacement: Relocation, loss of residential land, or loss of shelter 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.

Replacement Cost: Replacement cost involves replacing an asset at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, interest accrued, transitional and restoration costs, and any other applicable payments, if any. Depreciation of assets and structures should not be taken into account for replacement cost. Where there are no active market conditions, replacement cost is equivalent to delivered cost of all building materials, labor cost for construction, and any transaction or relocation costs.

Squatters: People without legal title to land and / or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation based on the lack of title.

Vulnerable DPs: Displaced poor and other groups disproportionately affected by land acquisition and resettlement, including the elderly, disabled and female headed households

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 1 INTRODUCTION

1.1 GENERAL 1. This updated land acquisition and resettlement plan (LARP) has been prepared based on the detailed engineering design of the Magoo Dam project including advance tracing, and tenement list and the social impact assessment including the land acquisition, resettlement impacts, final census of APs and inventory of losses, final compensation and other entitlements and final compensation rates, public consultations and information sharing/information disclosure with APs and other relevant stakeholders in October 2019 and early 2020.

1.2 PROJECT BACKGROUND 2. Federally Administered Tribal Areas Water Resources Development Project (FWRDP) is operational in the tribal districts of Khyber Pakhtunkhwa. It focuses on increasing irrigation supplies in three districts, namely Mohmand, Khyber and Bajaur, to increase crop production and harvest water sustainably. The project is based on water assessment study executed under the completed ADB supported FATA Rural Development project of Merged Area secretariat. The study identified 40 watersheds where the groundwater aquifers are depleting at high rate, even under average weather conditions due to unplanned water extraction and other associated purpose. It recommends shifting from groundwater to surface water, which remains totally unutilized, and identified potential sites for small reservoirs and diversion weirs in the 40 watersheds of Mohmand, Khyber and Bajaur Districts. 3. The Tribal areas of Khyber Pakhtunkhwa (KP) have scarcity of land and water resources. In spite of the land scarcity, the people are agriculturalist and livestock herders by occupation and practice agriculture where possible. Encouraged by the salutary effects of schemes in water sector, the Merged Areas Secretariat has proposed to harvest the flood water in the streams by constructing small dams to bring more areas under irrigation and to recharge aquifer for supplementing groundwater reserve. Therefore, main focus in recent years has been the construction of dams to conserve water in order to expand and intensify irrigated agriculture. The irrigated agriculture has evolved over many centuries and today, despite the decades of civil strife, there are still thousands of hectares being irrigated by traditional systems, which are managed, operated and maintained by communities with little or no involvement of the government. However, there is considerable opportunity for increasing agricultural production by construction of major infrastructure works, like construction of small dams, diversion weirs, lining of water courses and increasing awareness about latest farm practices and cropping patterns which are beyond the technical and financial capacity of the farming communities. 4. With above background, ADB financed a Project Preparatory Technical Assistance, TA 8409-PAK (PPTA) for FATA Water Resources Development Project in preparing a project for financing consideration by ADB through former FATA Secretariat support implemented the PPTA during 2013-2014, in which a team of national consultants prepared a feasibility study for a water resources project for erstwhile FATA. Based on the findings of the PPTA and on the request of Government of Pakistan, ADB approved, on 15th December 2014, the Federally Administered Tribal Areas Water Resources Development Project (Project) contributing $42.97 million from ADB’s Special Funds. The Government contributed $4.93 million as counterpart fund.

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 1.3 NECESSITY OF MAGOO DAND DAM 5. The Magoo Dand Dam is proposed on Aziz Khwar. Magoo Dand Dam Sub Project Site is located 1.5KM in west of Magi Dherai village in district Khyber and have 45-minute Drive from Peshawar to Magoo Dand Dam through tehsil Bara, Mattani road and then a small link road. 6. The main objective of the Magoo Dand Dam is to collect water runoff for assured irrigation supplies to Culturable Command Area (CCA) of approximately 76 ha downstream. Presently the command area is mostly rain fed where the cropping intensity is 23% whereas in irrigate condition it is 50%. Regular and dependable irrigation water availability with the construction of Magoo Dand dam will greatly increase cropping intensity to 125% and production in the currently un-irrigated command area. Due to timely and regulated water supplies there will be substantial improvement in agriculture production. Provision of irrigation water with the construction of the dam, will transform the below subsistence level rain-fed farming lands into productive irrigated agricultural lands. 7. The subproject will be beneficial particularly for the local population on creation of job opportunities and extremely beneficial for irrigation. Significant social indicators of the sub project benefits are mentioned below:

a. Construction of irrigation system in virgin lands tends to change water and land use patterns that might have potential of severe, long-term permanent impacts (positive) on the environmental settings of that area.

b. Construction activities in general could lead to interference with local community life.

c. Most beneficial impacts associated with the new canal construction, management and efficient and equitable water distribution are of long-term in nature.

d. After completion of the construction works of the newly constructed canal, water supplies will contribute to increased cropping intensity resulting into increased use of agricultural inputs like fertilizers and pesticides which may cause limited adverse impacts and need to be addressed.

e. The perennial water supplies will boost the agriculture and improve the living standard of the community in the project area.

f. The project will also help to recharge the groundwater and neutralized the lowering trend.

g. The project will also consider provide unskilled jobs during the construction phase and a limited number of jobs in operations. This will be a bonus for the people of the area, many of who are used to having to travel down country for employment.

1.4 PROJECT AREA & DAM LOCATION 8. Khyber District is in the newly merged area of Pakistan created in 18731. It ranges from the Tirah valley down to Peshawar. It borders Nangarhar Province in the west, Orakzai District in the south, Kurram District in south west and Peshawar district in the east. Jamrud is headquarter of the District Khyber. District Khyber lies between latitude 33˚ 43' to 34˚ 21' and longitude 71˚ 27' to 71˚ 32'. The Khyber District is drained by tributaries of the Kabul and Bara rivers. It covers an area of 2,576 km2. According to the 1998 census, the population is 546,730 with a population density of

1 Fata.gov.pk

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 210 persons per square kilometer. The Magoo Dand Dam is proposed on Aziz Khwar. The Magoo Dand Dam is located 1.5KM in west of Magi Dherai village in district Khyber by paved road.

Table 1.1: Coordinates of Proposed Dam Proposed Facility Longitude (Degree Decimal) Latitude (Degree Decimal) Magoo Dand Dam 71.4756° 33.7649°

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

Figure 1.1: Project Location

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 1.5 Scope of Work 9. The scope of the Project is mainly focused on the construction of proposed irrigation dam and irrigation channels of approximately 3.2 km length to bring agricultural land about 76 ha under irrigated agricultural. 10. The typical design of cross section is shown here as Fig 1.2

Figure 1.2: Design of Typical Cross Section

1.6 DESIGN COMPONENTS WHICH INVOLVE LAND ACQUISITION. 11. The Magoo Dand Dam Project (a sub-project of FWRDP) involves construction of the dam and irrigation channels of approximately 3.2 km length to bring agricultural land about 76 ha under irrigated agricultural. The project requires a total of 19.15 acres of land, of which 4.37 acre is agricultural while remaining 14.78 acres is barren. All barren land including one acre of agricultural land has been donated by the community voluntarily through a partnership deed (called Terms of Partnership-TOP) duly signed by the parties involved, i.e. 11 community members through the community organization (CO), the Planning and Development Department, FATA Secretariat and the Irrigation Department, FATA Secretariat. This is provided as Annex IV (original TOP in Urdu duly signed by all parties with list of community/CO members who donated the land) together with English translation of TOP. The agricultural land of 3.37 acres that has been purchased through negotiations with five landowners has been fully paid already and the negotiated purchase/agreement and payment evidence is provided as Annex II and III in this LARP.

1.7 ADB SAFEGUARD POLICY STATEMENT AND NEED FOR LARP 12. The project requires 19.15 acres of land (barren and cultivable mix) which is owned by the community members. This triggers ADB’s IR policy which requires that a LARP should be prepared to compensate all APs in accordance with IR policy principles. The Policy requires that i) involuntary resettlement should be avoided where feasible, ii) minimized by exploring all viable P a g e | 11

FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 alternative project/design options and if it becomes unavoidable, APs should be fully compensated for their lost assets and earnings to ensure that their living standards are restored at pre-project level, if not improved. Accordingly, the project has followed the ADB policy principles and has considered all viable design options to keep the project impacts limited to only 19.15 acres of land that currently is not being utilized by the community for their livelihoods. This project does not require any physical displacement of the APs; However, 3.37-acre agriculture land will be submerged in reservoir area, which need full compensation. The land is not cultivated presently and does not any crops, trees or any structures on the land. Remaining land is mostly barren and have been voluntarily donated by the community based on the agreed project selection criterion, Annex 5.

1.8 DUE DILIGENCE OF THE PROJECT 13. A detailed due diligence of the subproject was also undertaken jointly as a team by Resettlement Officer (RO) of PMU FWRDP who worked closely with Project Implementation Unit (PIU), Project Management Consultant, and Environment and Social Unit of FWRDP 14. The purpose of due diligence was to (i) examine the social aspects and any adverse impacts related to Involuntary Resettlement (IR) and Indigenous Peoples (IPs) as mentioned in ADB’s Safeguard Policy Statement (SPS) 2009 ; (ii) identify any land acquisition and resettlement (LAR) related impacts; and (iii) recommend preparation of appropriate safeguard document (whether land acquisition and resettlement plan, indigenous peoples plan and/or a due diligence report) as applicable but in accordance with ADB’s Safeguard Policy Statement (SPS) 2009. 15. In order to collect the representative data and keeping in view the scope of work, survey research technique was used, whereas a structured questionnaire (Annex-I) was used for interview and data collection. Scoping session was held with local community to measure the socioeconomic setup of the local population of the subproject site. Data was collected through questionnaire using different techniques a. Desk Review of project documents b. The documents reviewed includes project layout plan, topographic survey maps and satellite images. Beside this ADB’s SPS 2009 and national laws and regulations resettlement/land acquisition were also studied for the project.

1.9 PROJECT CATEGORIZATION 16. A Project’s category is determined by the category of its most socially and environmentally sensitive component, including direct, indirect, cumulative, and induced impacts in the Project’s area of influence. These Projects are categorized as A, B and C categories according to the nature of impacts. Keeping in view the categorization of ADB’ s Safeguards Policy 2009, this Project is classified as a Category “B”, as only 5 APs are losing small piece of their land (less than 10%) but are not required to physically displace from housing. The impacts are thus insignificant, and this project is classified as category B for Involuntary Resettlement. The project is further categorized as C for indigenous peoples as the APs and local people of project area do not recognize them as IPs as the SPS 2009 describes them to be. 17. This updated LARP provides necessary details for compensation, resettlement and rehabilitation by identifying (i) the extent of losses; (ii) the policy framework for compensation payments, income restoration, relocation and rehabilitation; (iii) mechanisms for timely disclosure of information to the APs and other stakeholders (iv) institutional arrangement for LARP preparation, implementation and monitoring; (v) grievance redress mechanism and (vi) itemized resettlement budget and staggered implementation schedule to ensure timely implementation of P a g e | 12

FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 LARP provisions in compliance with ADB’s safeguard requirements and commencement of civil works subsequently.

1.10 RESETTLEMENT PROCESSING REQUIREMENTS 18. Under ADB Policy, the resettlement planning and processing should be started at very early stage of the project to avoid, minimize, mitigate adverse impacts and prepare the resettlement plan based on final engineering design. As per project design, the detailed design as well as construction and procurement will be the responsibility of single entity procured under Engineering, Procurement and Construction Contract (EPC). Hence, the following resettlement-related conditions are to be satisfied.

1.11 MOBILIZATION OF CIVIL WORKS CONTRACTOR 19. The procurement/mobilization of civil works construction team will be conditional to ADB’s approval of an updated and implementation-ready LARP as per project design, which will include; final impact inventory linked to census and assets valued on replacement cost basis responsive to cost escalation (if any); final agreement regarding release of land and compensation delivery mechanism; due to the peculiarities of the area and customs all institutional arrangements in place & functional; and detailed implementation schedule for timely delivery of LARP implementation & monitoring synchronized with handing over of site/sites to the contractor for execution of civil works. 20. Nonetheless, construction work will not commence until all landowners are fully compensated as per approved updated LARP and a monitoring report confirming validating disbursement of agreed compensation and other entitlements to the landowners. ADB will review the monitoring report and based on its acceptance by ADB, the construction work may commence as per ADB’s advice.

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1 OBJECTIVES OF LAND ACQUISITION AND RESETTLEMENT PLAN 21. Objective of the updated LARP is to identify the physically and economically affected persons, determine the impacts on APs, provide compensation to APs, and develop a mechanism to implement LARP. It identifies the APs, determines all project impacts and sets out objectives, principles, compensation criteria and public participation mechanisms to rehabilitate the APs.

2.2 SCOPE OF LAND ACQUISITION 22. In tribal areas, generally the land is regarded as power source and symbolically it embeds the link one individual has with his ancestors who inhabited and used that land before. Selling land is not considered honorable practice. Land is either provided free of cost in community’s interest or leased out to government for execution of public interest project in the area. Such leases are for longer period based on mutually agreed terms and conditions for lease tenure, rate and compensation payment mechanism. Accordingly, instead of giving-up the land title by selling it to government on permanent basis, the local community voluntarily donated all the barren land in affected area. However, for agricultural land (3.37acres) compensation has been agreed through private negotiations between landowners and project officials and has already been provided to all five landowners. Details of impact on land are provided in table 2.1. 23. Impact on Land and Assets; Magoo Dam project requires a total of 19.15 acres of land. Out of this, only 4.37 is cultivable land while remaining 14.78 acres is barren. Project has three components that are (i) reservoir area requiring 17.67-acre land, 14.3-acres of which is barren. Remaining 3.37 acres is cultivable but has no crops grown on it. In addition to the land, there is one bore hole (not operational) that existing on cultivable land. Table 2.1 below provides component wise details on the type and quantity of the land needed. 24. Number of APs: Barren land is owned by 11 community members (list of APs attached as Annex 4) while cultivable land is owned by 5 landowners (list provided at Annex VIII). One of these five landowners also own a bore hole (see details in Annex VIII). The inventory of losses and list of APs (Annex VIII) provides compensation as agreed through private negotiations between APs and EA. 25. Land Voluntarily Donated and Land Purchased through Private Negotiations: The FATA WRDP project loan agreement (schedule 5) requires land to be voluntarily donated by the community through the Terms of Partnership with the village community organization through which the land is donated. Following this requirement, the 11 community members have donated 14.78 acres of land through the TOP signed by the community organization/11 community members who donated the land, FATA Secretariat, EA/IA and Political Administration (See Annex IV for evidence). The land thus donated is free of any compensation or any allowances. The community will benefit from the irrigation water which this project will bring to the area. 26. The remaining 3.37 acres of cultivable land and a borehole has been purchased by EA through private negotiations through a documented deed (negotiated agreement Annex II) for compensation amounting to Rs. 7.08 million. Annex VIII on inventory of losses and list of APs provides compensation details. The negotiated purchase of land, voluntary donation of land and Terms of Partnership of donation is explained in details in the sections 2.4 – 2.9 of the updated LARP P a g e | 2-14

FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

Figure 2.1: Impact on Land

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FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Table 2.1: Summary of Impact on Land2 A. Reservoir Area Sr. No. Description Area (Acres) 1 Built-up area of any structures None 2 Barren land voluntarily donated. 14.3 Agriculture land purchased by project 3 3.37 through private negotiations 4 Existing infrastructure None Total 17.67 B. Irrigation Channel Sr. No. Description Area (Acres) 1 Agriculture land voluntarily donated. 1 2 Barren land voluntarily donated. 0.3 Total 1.3 C. Construction Area Sr. No. Description Area (Acres) 1 Agriculture land Nil 2 Barren land voluntarily donated. 0.18 Total 0.18 Grand Total A+B+C 19.15 (19.15 acres’ land required (4.37 acres Agricultural and 14.78 acres Barren) only 3.37 acres’ agricultural land has been purchased by project through private negotiations while 15.78 acres’ land (1 acre agricultural and 14.78 acres Barren) has been voluntary donated by community. After several consultations through Term of Partnership (TOP). The voluntarily provided land of local community was acquired free of cost.)

2.3 IMPACT ON LAND 27. For this purpose, physical information was collected in the subproject area and the extent to which it could be affect by the subproject intervention. Several visits were carried out by consultant and PMU/PIU team and meeting with local community were held to discuss the purpose and importance of the subproject. During the meetings, the team share/disclose all the information and details (through map) of the subproject with the local community. i.e. reservoir map, project layout, main channel alignments and primary channel alignments. These potentially affected sites including agricultural and barren lands were physically visited with the local community and their ownership was noted and verified. 28. After that the team discussed that total 17.67 acres’ land will be submerged in the reservoir which consists mostly barren land along with some agricultural fields. The community elders told that 3.37-acre land are agricultural land which are source of their livelihood (detail is given in para 25) and therefor compensation should be provided to the affected persons while the remaining land 14.3 acres’ may not affect their livelihood, no displacement of APs and donated voluntarily and free of cost by the community members. Therefore, the project purchased 3.37 acres’ agricultural land through private negotiations. While 29. The land which is required for irrigation channel (1.3 acres’) and construction area (0.18 acre) is linear. Only 1-acre agricultural land (linear) is required for irrigation channel which could not affect their agricultural land because the channel required only 0.5-meter space/area. The community also donated voluntarily the same land for irrigation Chanel and for construction yard as well.

2 Based on GIS Calculation and Community Consultation

Page | 16 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

2.4 PROCESS AND SCOPE FOR VOLUNTARY LAND DONATION

30. In accordance with community customary practices, villagers may choose to voluntarily contribute land or assets without compensation. VLD is applied for beneficiary community with no involuntary land acquisition and based on community-driven demand. VLD is accepted as small areas of private land and assets of landowners where the affected users of the assets and land have agreed to give their land and other assets as a voluntary contribution to the sub-project. ADB’s Involuntary Resettlement Sourcebook clarifies that the voluntary land donation/contribution is not within the scope of the SPS, but the Project should conduct due diligence to avoid adverse impacts on APs and possible risks. The due diligence should also verify that the voluntary contribution is in fact “voluntary” and did not result from coercion and ensure that this does not severely affect the living standards of APs; the activity should benefit them directly.

2.5 Principle for Voluntary Land Use or Land Purchase through Negotiated Agreement

31. For most community-driven projects in Pakistan, the project agencies often consult with landowner communities and obtain land-use rights as a voluntary contribution or purchase land through negotiated settlement. In this regard, PIU Khyber interacted with the landowner’s/Tribes heads of Magoo Dand for voluntary donation and negotiated settlement for the land required for subproject. The process was adopted keeping in view the prevailing customs and tradition of “Tribal System” of FATA and due diligence was conducted to assess the social safeguards status of the subproject and confirm that selection criteria (Annex-II) of the project is fully followed. The project team followed adequate safeguards, including informed consent: (i) consultation with the heads of local tribes for the purpose of the project intervention, and selection of site and options to avoid or minimize impacts; (ii) landowners/clans or any other people will not experience major adverse impacts as the site is free of any private residential structures or major sources of livelihoods; (iii) the right to refuse to donate land and assets, and can receive their entitlement and compensation for assets lost; (iv) access to grievance mechanisms as described in this LARP.

2.6 PROCEDURES FOR LAND SCREENING/ASSESSMENT AND DUE DELIGIENCE 2.6.1 SCREENING/ASSESSMENT

32. To avoid involuntary land acquisition and resettlement, the Project team screened all interventions for their land aspects. Interventions on customary or private land are considered and tribes/clans have expressed their willingness to enter a voluntary land-use agreement and through negotiated settlement. For this, screening is undertaken based on the preliminary design of the intervention after site visits, and as relevant, in consultations with APs in order to understand local land use and ownership arrangements. The Project team followed the following steps for the screening of land aspects for Magoo Dand Dam subproject activity:

(i) Preparation of a location map identifying the concerned land and its boundaries. (ii) Coordination with the concerned clan members for verification of the land ownership. (iii) Consultations with local tribes/clans about any ongoing disputes.

Page | 17 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 (iv) Visit to and observation of the proposed construction sites. (v) Consultations with local resident’s/tribes’ heads to assess; that the proposed works adversely affect any person(s) or communities? (vi) Preparation of a screening assessment checklist (Annex-III) summarizing the main findings, including; status of land use and its ownership, trees, crops or economic activities on land, any restrictions in the movement of the people especially for women, vulnerable and about other people who live or earn their livelihoods at the site etc.

The initial assessment/screening ascertained that for the proposed intervention Private lands are the only available suitable options, the project followed the steps described in following paragraphs to obtain land for subproject.

2.7 VOLUNTARY LAND-USE AGREEMENT 33. It is confirmed through public consultations that for intervention local landowners/tribes/communities are willing to provide voluntarily part of their communal land. For subproject a total of 19.15 acres’ land is required for three main components; (i) reservoir area, a total of 17.67-acre land is required, out of this, 14.3-acres’ barren land is donated voluntarily, while 3.37 acres’ agriculture land is purchased through private settlement (payments to Aps are made); (ii) for irrigation channel, total land is required 1.3 acres’, out of this, 1 acre is agriculture land and 0.3-acre barren land, which are voluntarily donated. (iii) For construction area, a total of 0.18 acres’ land is required which is barren and voluntarily donated. In consideration of benefits of the Project to community members, the land (user right) are obtained through a voluntary land use agreement for construction of subproject. In this regard Project team, take the following steps;

(i) Local tribes/landowners/APs are meaningfully consulted on the purpose of the Project, the selection of site and options to avoid and minimizing the impacts are fully considered; (ii) Land survey is undertaken and necessary documentation prepared with the help of local tribes and CO that; identified the land boundary and landowners; and both positive and negative impacts of the project on the household are considered. (iii) It is confirmed based on the due diligence, that landowners/tribes or any other users are not experiencing major adverse impacts from land use i.e. (i) the site is free of any residential structures; and (ii) it would not result in APs losing 10% or more of their income generating assets; (iii) the land donated does not result in uncompensated permanent non-land assets; (iv) land is not use for any productive purpose (v) there is no physical relocation of household; (vi) The land is not occupied and/or used by any other party; (vii) It is ensured that the size of the land use is not exceeded the amount necessary for the subproject intervention; (iv) Terms and conditions of “Terms of Partnership” are discussed in detail and agreed with CO/Jirga. It is ensured during the process that no one is forced to provide their land or assets due to any pressure; (v) The agreement “TOP” is verified by the concerned District Administration/authorities. (vi) People are provided with relevant project information, (in Pashtu language) and also informed them regarding the grievance redress mechanism.

Page | 18 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 (vii) The household are informed that they have the right to receive compensation for their land and the equivalent amount of compensation for the land they are donating.

2.8 TERMS OF PARTNERSHIP/AGREEMENT 34. An important stage of the subproject development cycle starts with the signature of the Terms of Partnership for subproject implementation - which sets out specific subproject activities. The agreement is amended by adding new clauses during the implementation of project in 2018, which were not part of the agreements for three pilot subprojects, selected during the PPTA 2014. Terms of Partnerships (Annex-IV) is signed on date 15-01-2020 between the key stakeholders i.e. Jirga/CO, Planning and Development Department FATA and Irrigation Department of Khyber Pakhtunkhwa and endorsed by District Administration. The TOP describes the role and responsibilities of all stakeholders and it also provides a documentary proof of COs for their voluntarily donation of land and other resources without any financial claim. In respect to the agreement CO/Jirga affirms that; i. CO/Jirga & village organization will contribute voluntarily their agreed share of land to the sub-project. ii. In the case of Tribal/Communal/National land, concerned departments will estimate the cost of trees and other assets. iii. All the water and land resources of subproject will be considered as the property/assets of Government. iv. During the construction of subproject, all the relevant information and details will be recorded by CO/Jirga as and when instructed by the project organizers. Furthermore, CO/Jirga will also be responsible to protect the sub-project from any loss except natural disasters & technical issues. v. Issues and disputes (if any) during the execution of the work will be settled down with mutual consensus and understanding. vi. Subproject will be collectively beneficial for the concerned area and will not be considered as a property of an individual/ group/ family. vii. Elders of CO/Jirga will provide all possible support to the staff of P&D department FATA and FWRDP. viii. FWRDP is responsible for the construction of watercourse for irrigation, but the CO/Jirga will ensure the care of the sub-project on daily basis. ix. CO/Jirga ensures; that livelihoods & income resources are not affected due to the voluntarily donated land x. And No one is evicted from the donated land; xi. Women headed households and other vulnerable persons of the area are not affected due the sub-project intervention and their safety will also be considered in future as well; xii. Encroachers and squatters do not exist on the allocated land; xiii. The voluntary land donation which is containing 15.78 acres’ (1 acre agricultural and 14.78 acres Barren) is not affecting livelihood of any individual.

2.9 LAND-PURCHASE THROUGH NEGOTIATED AGREEMENT 35. As market rates for land are absent in FATA areas where interventions are taken, the Project staff had a series of meetings with affected people, tribal heads and also with District authorities to intervene in the matter for a fair negotiation settlement for land and assets. Under the direction of Director General Projects’ (KP), a negotiation settlement committee was constituted on dated 26 February 2020. District Project Manager FWRDP was nominated as Chairperson of the negotiated settlement committee (Annex-V), one

Page | 19 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 member from district administration Khyber, two members of village (heads of tribe) and Resettlement Officer of FWRDP are the members of this committee. 36. For interventions that require purchase of land in Magoo Dand, 5 Number of landowners (List of Aps with compensation Annex- VI) are willing to sell part of their agriculture land (3.37 acres’) for the project. After necessary documentation and consultation with all stakeholders the negotiated settlement agreement finalized by following the ADB guidelines and prevailing traditions of FATA. As elaborated in the voluntary land use section above, the project follow all relevant steps set out in para 32 and its sub clauses (i to vi). A comprehensive internal monitoring/negotiated settlement report is prepared parallel to this LARP. The following steps are followed for the settlement; (i) PMU/PIU staff and Project Consultants (surveyors) determined the boundaries, location, size and area of the land of these 5 Aps which is part of the subproject. (ii) PMU also requested the district administration to ask the relevant Patwari and Tehsildar to do the land investigation for land purchase. (iii) The Patwari and Tehsildar confirmed the ownership rights and provided estimated value of land in consultation with the tribal heads. (iv) District administration authorities confirmed that there is no impediment to land purchase. (v) PMU evaluated the land price and found satisfactory and according to the current market value and payment is made to Aps. Signed agreement with Aps are attached in (Annex-VII) and Receipt of payment are attached in (Annex-VIII).

2.10 THIRD-PARTY VERIFICATION/EXTERNAL MONITOR

37. The voluntary land use agreement and negotiated purchase agreements will both be verified by a third party/External Monitor (EM). The External Monitor, who will provide the independent verification of the process that; (i) the local community and landowners support the Project intervention and have agreed to provide the respective land; (ii) consultations with landowners have been undertaken meaningfully, freely and in good faith and the landowners have made informed decisions on use of land, and (iii) terms and conditions of the agreements have been explained to them and understood and agreed by the landowners. For this, the third-party EM will perform following tasks:

i. Review of the documentation on the identification of affected landowners and the consultation and negotiation process leading up to the signing of the agreements. ii. Validate that consultations with the landowners have been undertaken and that they were provided with relevant information as per this framework. iii. Validate that the agreement is voluntary (free of coercion) and that the landowners have fully understood and agreed to the agreement’s terms and conditions. iv. Validate that the landowners’ representatives signing the agreement duly represent the landowners. v. Validate that landowners or any other users/occupants will not experience major adverse impacts from land use or purchase by the Project. vi. Validate that any minor impacts have been identified, sufficiently addressed and documented by the Project. vii. Validate that compensation for any land purchase represents a fair and reasonable replacement cost based on market prices; and viii. Validate that the agreement is in compliance with safeguard requirements stipulated in this framework.

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2.11 DOCUMENTATION

38. PIU/PMU staff documented the voluntary land donation and negotiated settlement process. And verified all documents from concerned district administration for a legal coverage.

2.12 GRIEVANCE REDRESS MECHANISM

39. The Project’s Resettlement Officer will assist APs in registering their any complaints with PIU/ PMU or at its site office. The Project Manager or Social Organizer will consider the complaint and within one month will convey a decision to the APs. The PMU staff, along with District Administration, will assist the Social Organizer in reviewing and addressing the complaint. The Resettlement Officer will facilitate communication between the APs and the PMU in this process. If the APs are not satisfied with the PMU decision, or at any other time, they may take the grievance to the local judicial system or in Jirga.

2.13 IMPACT ON INCOME/LIVELIHOOD 40. There will no impact on livelihood/income of the APs. Impact of land acquisition on total landholding of affected 5 landowners is marginal (less than 10%) and they are not required to displace from housing.

2.14 IMPACTS ON TREES 41. Tree plantation exists in the surrounding area but there is no loss of any tree due to this sub-project.

2.15 IMPACT ON BUILDING AND STRUCTURE 42. One house was found in the premises of Magoo Dand Small Dam axis; but will not be affected because the house is at upper location and at the time dam construction, the house will be properly protected.

2.16 IMPACT ON GRAZING LAND OR FISHING ACTIVITIES 43. There is no downstream impact due to Magoo Dand small Dam sub-project, no loss of grazing and fishing activities.

2.17 IMPACT ON WATER COURSES 44. There is no loss of water courses due to this sub-project.

2.18 IMPACT ON CATTLE SHADES 45. There are no cattle shades at or close to the site, thus there will be no impact on any cattle shades.

2.19 OTHER ASSETS 46. A private bore well will be submerged in the reservoir which had been compensated though cheque. No other asset will be impacted other than mentioned in the report.

Page | 21 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 2.20 IMPACT ON INDIGENOUS PEOPLE 47. The field visit and Due Diligence of project area did not find presence of any indigenous peoples in or groups that have been described as such in SPS 2009. The people of project area are Muslim and they do not recognize themselves as IPs according to SPS 2009. Based on this finding of DDR, the sub-project has been categorized as “C” for IPs policy.

2.21 SIGNIFICANCE OF SOCIO-CULTURAL IMPACTS 48. Based on ADB indigenous peoples’ safeguards, a development intervention has impact on IPs when it: (i) affects customary rights of use and access to land and natural resources; (ii) changes socioeconomic and/or cultural integrity;(iii) affects health, education, livelihood, and social security status; and (iv) causes impacts that may alter or undermine the recognition of indigenous knowledge. 49. Based on the above there are clear elements to indicate that the implementation of the Project in FATA will not impact on the local administrative, legal and traditional system of the FATA region. It will not change or impact socio-cultural status of the affected Shinwari or Afridi Pashtun tribe. Hence, it will not trigger the IP impact benchmarks as detailed by ADB’s SPS 2009.However, keeping in view the customary land management system in FATA, and the recognition of the local dispute resolution system, the LARP is prepared in a manner that is fully reflective of local customs, land management practices and grievance resolution mechanisms in Tribal area.

2.22 ARCHEOLOGICAL, HISTORICAL AND RELIGIOUS SITES 50. No archaeological and historical sites were found within the project boundary or in the vicinity of the project site.

2.23 IMPACT ON VULNERABLE PEOPLE 51. Displaced poor and other groups disproportionately affected by land acquisition for execution of the project including landless elderly, disabled and female headed households are termed as vulnerable. There are no vulnerable people among all the landowners who donated the land and sell their lands which have been confirmed through socioeconomic survey.

Page | 22 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 3 SOCIO-ECONOMIC PROFILE 52. FATA was a semi-autonomous tribal region in northwestern Pakistan that existed from 1947 until being merged with neighboring province Khyber Pakhtunkhwa in 2018. It consisted of seven tribal agencies (districts) and six frontier regions, and were directly governed by Pakistan's federal government through a special set of laws called the Frontier Crimes Regulations. It bordered Pakistan's provinces of Khyber Pakhtunkhwa and Baluchistan to the east and south, and Afghanistan's provinces of Kunar, Nangarhar, Paktia, Khost and Paktika to the west and north. The territory is almost exclusively inhabited by the Pashtun, who also live in the neighboring provinces of Khyber Pakhtunkhwa and Northern Baluchistan, and straddle across the border into Afghanistan. They are almost Muslim. 53. The administrative and legal system of FATA is distinctive. FATA runs as a narrow tract between the Khyber Pakhtunkhwa (now as a part of KP) and the Pakistan- Afghanistan borders which is mostly hilly tract. It consists of seven semi-autonomous districts or administrative units – Khyber district, Mohmand district, Bajaur district, Kurram district, Orakzai district, North Waziristan and South Waziristan districts. Additionally, the FATA also includes 'Frontier Regions (FR)' that adjoin the settled districts of Khyber Pakhtunkhwa including FR Peshawar, FR Kohat, FR Bannu, FR Lakki Marwat, FR Tank and FR Dera Ismail Khan. This tangled mass constitutes an area of 27,224 km2 and is inhabited by around 3.17 million's people belonging to different Pukhtuns or Pashtun tribes.

3.1 DEMOGRAPHIC SPREAD OF PASHTUNS IN AND AROUND FATA REGION 54. FATA has a population of 3.176 million predominantly comprising of the Pashtuns, who in Persian are known as Afghans and in Indian as Pathans. In Pushto they are called Pashtuns or Pashtuns in northern dialect. The vast majority of Pashtuns are found in the traditional Pashtun homeland, located in an area south of the Oxus River in Afghanistan and west of the Indus River in Pakistan. In Pakistan the Pashtuns are 15.42% of total population of Pakistan while in Afghanistan Pashtun population is 42% of its total. The map showing demographic spread of Pashtun population in the region is pasted. 55. In Pakistan, Pashtun dominated regions are Khyber-Pakhtunkhwa province, FATA and part of Baluchistan, while additional Pashtun communities are located in the Gilgit– Baltistan province, Kashmir and northwestern Punjab province of Pakistan. After Punjabis, the Pashtuns are the second largest ethnic group in Pakistan, while the population of Pashtuns living in FATA is only 15% of total Pashtun Population of country. Vast majority of the Pashtun ethnic group is living in other parts of country particularly in the adjoining provinces of Khyber Pakhtunkhwa, and Baluchistan and in Karachi city of Sind province. Some estimates reflect that Pashtun population in Karachi is 7 million which is almost double of the Pashtun population living in FATA. 56. The entire Pashtun population in the region is Muslim, predominantly following Suni sect of Islam and it is believed that a non-Muslim could not be of a Pashtun dynasty. There are also sizeable Muslim communities in India, which are of largely Pashtun ancestry. Throughout the Indian subcontinent, excluding Pashtun-dominated regions where Pashtuns are generally known with their tribe name, they are often referred to as Pathans. The figure above shows the demographic spread of Pashtun population in the region.

Page | 23 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 3.2 PASHTUN TRIBAL STRUCTURE AND SOCIETY IN FATA 57. The Pashtun social organization is based on patrilineal tribal and egalitarian principles marked by the absence of hereditary authority figures. A patrilineal tribe is a socio-political entity associated with a territory and gathering people assuming a common descent from a common male ancestor many generations ago. Each Pashtun tribe (Qoum) is comprised of various clans (or Khels), Lineages (Tappa), lineage-sections (Bajar/Plarina) and finally households/extended families (Kor). The household is the basic production and consumption unit. Lineages and sub-lineages are cohesive groups and clans and tribes are rather abstract unit of symbolic but not-necessarily practical day-today relevance. Lineages have demonstrated descent while clans have stipulated descent. This means that within a lineage, people genealogies are well documented from the apical ancestor to the present. At the level of a clan genealogies are assumed but not necessarily clearly traceable3. 58. Although these tribes and clans differ in name, tribal society is based on many characteristics which are relatively uniform and cohesive. It is based on inter-clan linkages, which unite families, clans and tribes in a web of kinship. The family structure is the most complex feature of tribal society and underpinned by family honor, property and intra-- family relationships characterized by love and hate. 59. Each family is headed by a patriarch, who is well-respected and his decisions are obeyed by the entire family. Then Malik or tribal elder as head of each of the sub-clans. Tribal elders are hereditary in tribal communities. Household structures are alike and mostly take the shape of fortresses. These fortress-like houses often comprise of 10 to 15 sub-houses within one enclosure which may house one extended family. Each such family is represented by a head, which may be the grandfather of several sons and grandsons. In this context, the Pashtun people constitutes a very real cultural and social entity. 60. In Pashtun society, there are important traditional and social factors which guide community life and in many cases influence or even determine the action of individuals. These traditions vary considerably in different parts of the Pathan area, and codification of them is virtually impossible. However, certain traditions are common and basic to Pashtun tribal system. These un-codified set of rules, which guides the Pashtun way of life, is called the Pukhtoonwali-the code of Pashtun honor. Pashtuns, living in the areas on both sides of the Durand Line (Pakistan-Afghanistan border) have preserved their centuries-old culture and traditions. “Pukhtoonwali” that they strictly observe and quote with pride, guides their lives and is their dearest value, and controls their routine lives, behavior and attitudes. The three main obligations of Pukhtoonwali for a Pushtun include: Nanawati, which means 'begging for pardon or protection' by confessing faults or wrongs committed and throwing oneself at the mercy of the family whose sense of honor is injured; Milmastya or open-handed hospitality and protection to all who may, or may not, demand it, is the greatest obligation of the Pukhtoonwali. Sometimes, protection and hospitality may even be extended to an enemy as long as theenemy remains in the host community. Badal means revenge. Under the Pukhtoonwali, Pashtuns are obligated to seek revenge if they feel they have been wronged, regardless of the consequences. 61. The above traits of Pukhtuns wali are practiced in all Pushtun inhabited areas of Khyber Pakhtunkhwa, Baluchistan and Afghanistan. However, with the passage of time the spirit is fading in urbanized settled area and the authentic practice remains only in the

3QaisbinAl-RashidbinQaisintheseventhcentury leader, whohadfoursons:Sarban,BitanGhurghustand KarlanifromwhomallPukhtuntribes (i.e. Afridi inFaridunbinManibin Karlanri-binAl-WalidbinKhalidbin and Al-RashidbinQais) trace their descent.

Page | 24 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 remote areas of Pashtuns. However, in FATA (all 7 agencies and 6 FRs), the Pushtun tribal community is given liberty to live their lives as per their local customs and traditions. Even, Government Administration also follows the local customary practices and the local malik are involved in adjudication of the criminal and civil disputes in the area to maintain peace and order following local customs.

3.3 PROJECT LOCATION WITH AFFECTED PEOPLE 62. Khyber Tribal District is the most famous district amongst seven others in the erstwhile Federally Administered Tribal Areas (FATA). Khyber Tribal District derives its name from the famous Khyber Pass, which has served as a historical trade route, connecting the Asian sub-continent with the rest of Central Asia, via Afghanistan. Because of its geographical location, the district has a history dating back thousands of years. The Khyber Pass has been used by the Aryans in 1600 B.C., the Persians in 600 B.C., Alexander in 326 B.C. and subsequently, by Changez Khan, Taimurlang, the Mehmood of Ghazni and the Mughals.

Figure 3.1: Khyber District Map 63. Khyber Tribal District is bordered with Afghanistan, Peshawar city and the Kurram and Orakzai Tribal Districts. The total area of the District is 2,576 square kilometers, with 8.22% of the total area of the District being forest. The Khyber Tribal District consists of three tehsils; Bara, Landi Kotel and Jamrud. Khyber Tribal District has a barren and rugged mountainous terrain. It consists mostly of hilly tracks and mountains, with narrow strips of valleys. It is the meeting place of a series of ranges, such as the Koh-e-Safaid, an off-shoot of the mighty Hindukush Mountains. Lacha Ghar, Karagah Ghar, Surghar, Tor Ghar, Morgah and Kalauch; are some of the mountains located in the district. 64. The Magoo Dand Dam is proposed on Aziz Khwar. Magoo Dand Dam Sub Project Site is located 1.5KM in west of Magi Dherai village in district Khyber and have 45-minute Drive from Peshawar to Magoo Dand Dam through tehsil Bara, Mattani road and then a small link road.

3.4 ADMINISTRATIVE SET UP 65. Under the Constitution, erstwhile FATA is included among the territories of Pakistan (Article 1). It was administered by Governor of the KP in his capacity as an agent to the President of Pakistan, under the overall supervision of the Ministry of States and Frontier Regions in Islamabad. The KP Governor Secretariat played a coordinating role for

Page | 25 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 interaction between the federal and provincial governments and the Merged Area Secretariat. 66. The 25th Constitutional amendment like 18th Constitutional amendment which resulted in abolition of concurrent list and devolved 47 subjects to provinces, is a paradigm shift where under Federally Administered Tribal Areas (FATA) stand integrated with and merged in the province of Khyber Pakhtunkhwa. 67. The executive authority previously exercised by the Governor Khyber Pakhtunkhwa in respect of FATA under Article 247 of the constitution has been done away with. Now being part of the province, the executive authority is shifted to the Chief Minister and his cabinet. The Merged Areas have no longer special status or dispensation. All provincial laws shall equally be applicable to these areas and on mainstreaming of erstwhile FATA due representation (about 16 general seats) shall be given in the Provincial Assembly. 68. The colonial legacy in the form of political administration under the unbridled powers of Political Agent is no longer there. The office is re- named as Deputy Commissioner and Assistant Commissioner. Similarly, the Century old FCR is no more in the field and replaced with Interim Governance Regulation. The tribal people will have fundamental rights guaranteed by the Constitution and of which they were deprived till now. The introduction and presence of criminal and judicial system will ensure their fundamental rights like other citizens of rest of the Country. 69. the FATA interim Governance Regulation, 2018 was a law signed by the President of Pakistan on May 28th, 2018 which replaces the Frontier Crime Regulations4(FCR) and outline how the FATA will be governed "within a timeframe of two years" as the region is merged with Khyber Pakhtunkhwa (KP) through the passage of the Thirty first amendment to the constitution of Pakistan. In June 2018, tribal agencies including Bajaur, Mohmand and Khyber were re-designated as districts’ of KP, administratively headed by deputy commissioners. A brief regarding FATA Interim Governance Regulation is provided in (Annex-IX).

3.5 DEMOGRAPHIC PROFILE 70. Erstwhile FATA had a unique governance status in the recent past, whereby all land is owned by tribes inhabiting the areas since generations. Any physical activity hence carried out needs the agreement of the locals, as well as land donation by them. Since it is an egalitarian society, chances of elite capture are minimum and major decisions are taken by Jirga, the tribal administrative and management body. 71. The Malik (chief/elder) serves as an intermediary between the tribe and the District/political administration, in exchange for a regular allowance with which to meet social and leadership obligations. The more weapons at a Malik’s disposal and the more men he can command to bear arms when needed, the greater is his stature within the tribe. The jirga plays an important part in tribal society as a traditional mechanism for conflict resolution. Beyond current district administration, tribal elders—maliks—are still significant component of FATA’s existing socio-cultural and tribal system. These tribal maliks/heads representing their respective tribes, these maliks, act as the tribes’ spokespeople and provide liaison while interacting with any institution. A historical background of tribal system is provided in (Annex -X)

4The Frontier Crimes Regulations (FCR) were a special set of laws of British India, and later Pakistan which were applicable to the Federally Administered Tribal Areas (FATA).

Page | 26 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 72. Jirga system among Pashtuns represents a formal traditional institution of Justice, which is practiced in Pashtun society from the time immemorial. There is no systemized mechanism or basic criteria for the selection of Jirga Judiciary Council. Mostly noble elders of the tribe called “SpeenGirey” (White beard men) are chosen for this purpose who have known repute for their honesty, wisdom and a firm understanding and knowledge of Pashtunwali and Sharia. However, in case of grand Jirga the leaders of different clans are the members of Jirga Judiciary Council. Role of Jirga is explained in (Annex- XI). 73. Tribal people are accustomed to managing their own resources and solving disputes without outside intervention. They act collectively to assist others in the group and help fulfill social obligations. Marriages and deaths, for example, draw support from all members of the tribe, as do everyday activities such as harvesting and threshing, laying and clearing irrigation channels, carrying out flood protection, maintaining paths, cutting grass, and constructing hujras (meeting places), mosques or other buildings. 74. The total which will required submerged after construction of dam is 17.67 acres. Out of 17.67 acres, only 3.37 acre is agricultural land while the remaining is uncultivable/barren land mostly consisting of nullah bed. The total number of affectees are five (05) households. No infrastructure/building will be damaged nor will any relocation of the people required. No livelihood losses are anticipated as their partial land will be affected. None of the affectees are confirmed as vulnerable people through socioeconomic survey. 75. The list of the affected persons who sold the land and who donated the land is placed under Annex XII. 3.5.1 POPULATION 76. The population of the district, according to the 2017 census is 986,973 persons, out of which 51% are males and 49% are female. Average household size is around 8.84 persons per family with an average annual growth rate of 3.15. 77. The subproject site is situated in south of Bara Tehsil. Afridi (Aka Khel) are the main tribe of the subproject area and are further sub divided into Mirgat Khel subtribe. The total population of the subproject area is 2,656 with 1,375 males and 1,281 females. The total number of households is 250.

Table 3.1: Population Details of Khyber Tribal District 5 Households Population Male Female Sex Ratio Population 1998-2019 2017 1998 Average Annual Growth Rate

111,558 986,973 505,475 481,487 104.98 546,730 3.15

3.5.2 FAMILY SIZE 78. The total population of Magoo Dand subproject area is 2656 where 1375 are male and 1281 are female. The average household consists of 9 individuals. The male and female ratio is 105 males to 100 females6.

5http://www.pbscensus.gov.pk/sites/default/files/DISTRICT_WISE_CENSUS_RESULTS_CEN SUS_2017.pdf 6FRDP Inception Report, Important Agency/FR wise Socioeconomic Indicators of FATA 2012

Page | 27 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 3.5.3 DWELLING 79. Mostly the houses are made of mud throughout the District. The houses are called Qila that is fortresses, which encompasses a number of houses inside. A house generally consists of two or three rooms with a verandah in the rear and front. Joint family system is in vogue in the District. Every cluster of houses has a common sitting place called Hujra where the male members daily meet, discuss and share views on variety of local, national and inter-national issues with each other’s. It is a common place and is also used as a guest room. The young spend winter nights in Hujra and arrange for themselves music programs or food dishes as a pass time activity. It is an important part of Pakhtoon culture, which is unfortunately changing with the modern times as people have begun to prefer using personal guest-room. 80. According to the primary social survey, majority of the houses (93%) of the sub project Magoo Dand area have ordinary construction (Kutcha structure) with timber roof and mud mortar, whereas moderate standard buildings with cement masonry (pacca structure) and dry-stone masonry (semi-pacca structure) are 02% and 5% respectively. 3.5.4 LANGUAGE 81. Pashto is the main language of the area, with a softer form spoken in the north and a harder dialect in the south. 3.5.5 THE FAMILY SYSTEM 82. Majority households are compound type where one or extended families7 are living. Both Joint and nuclear family systems8 exist in the compounds. The area of the house and number of persons living in a house is irrelevant in the context of tribal society. The household data shows that a middle-sized compound is housed with 25 persons as one extended family. Another same sized compound is housed with 3 small sized families. The construction material used for the compound is an indicator of economic status of the occupants. 83. Men are the dominant force in the household, with final say in the affairs of all members of the family. Women, by comparison, play a subservient role and observe strict purdah (veiling). Although divorces or separations are extremely rare in tribal households, a husband is free to take on additional wives. 3.5.6 Food 84. Simplicity is the haul-mark of the food of the people of the Area. Rice is a staple dish especially for dinners. Maize bread with local vegetable Saag and Lassi is offered to guest as a seasonal specialty in summer. 3.5.7 Dress and Ornaments 85. People wear the traditional Pakhtoon dress of Shalwar Kameez and head-wear. Generally, the people wear handmade Dir caps while notables wear Pugri and Kula, but this tradition is gradually fading out. Women folk wear Shalwar Kameez generally use black printed cloth and Chadder/veil and for Purdah they use Burkas (veil).

7a family which extends beyond the nuclear family to include grandparents and other relatives.

8A nuclear family, elementary family or conjugal family is a family group consisting of two parents and their children (one or more).

Page | 28 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 86. Their working and festival dresses are all the same with the exception that they wear new dress on festival. In winter season a chadar or woolen blanket is used by the males. While in the case of females their dress remains the same. 87. Women use ornaments such as Bangles, Bracelets, Pazeb, Karah, Nath, Golden rings and earrings.

3.6 LIVESTOCK 88. Livestock not only provides milk, meat, eggs for daily human consumption but also provides hides/skins and wool/hair and bones/blood for industrial products and manure /urine for soil fertilization. Livestock is also a source of rural transport and draft power in Agricultural farming and provides an easy source of income to majority of the rural population. 89. The erstwhile FATA, being mostly dry hilly terrain, has little land for crops production whereas sizeable land is available for grazing. The land-less and small holders (more than 85% of farmers) are mostly dependent on Livestock production. Livestock provides employment to 50% of the population either directly or indirectly. About 80% of the income of trans-hum ant families accrues from Livestock. People of the subproject area keep livestock e.g. Buffalo, cows, sheep and goats etc. to meet their daily requirements of dairy products. 90. There is a good enough network of Veterinary Institutions in erstwhile FATA established since years, providing Veterinary services to the poor Livestock Farmers; but due to meager amount of operational funds, lack of access to appropriate know how the SDS is not up to the required level.

3.7 CONFLICTS RESOLUTION MECHANISM 91. Erstwhile FATA region is traditionally based on the principle of close association by tribe or kinship. The people of erstwhile FATA have long been accustomed to witnessing violent conflict between the members of different tribes and clans. Inter- or intra-tribe conflict may range from minor family disputes that create tensions and uncertainty to full- blown armed clashes that result in irreparable losses. While for many generations the people have managed to build their lives in this climate of instability, today there is growing awareness that internecine conflict of this sort is a waste of resources and a major obstacle in the way of development. 92. The tribal elder (Malik) often serve as an intermediary between people and the local administrative structures for identifying the priorities. The tribal council of elders (Jirga) is the main mechanism for decision making on behalf of the local population and is also considered the key entity for conflict resolution and providing judgment for punitive actions. The Jirga is essentially the only mechanism for out-of-court settlements over enmities that span generations. The tribe’s identity is the key to how local communities exercise their right to and ownership of natural resources and other assets. The tribal identity as depicted through the Malik and Jirga is therefore essential for access and use of resources and is often seen as the only safety net available to poorer segments of the population. This intricate community system has survived for centuries with adequate legitimacy by the local authorities as well as acceptance by local communities as it continues to exert its influence on communal life. In more recent times, some development projects9 working in the tribal District have invested in forming local community-based

9 For example, the ADB supported the FATA Rural Development Project in Khyber, Bajaur and Mohmand agencies that implemented the project interventions through Community Organizations for delivering

Page | 29 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 groups and indigenous organizations that have cooperated with the local Jirga as well as the political administration for implementing their programs.

3.8 RELIGIOUS BELIEFS 93. All the respondents of the Social Assessment Survey, reported to be Muslim. People generally have conservative outlook on life and are particular in observance of religious ceremonies. Majority of the respondents normally offers prayers and keep fasts during the month of Ramzan. Religious extremism was in full swing for last few years, but the situation is relatively better now. Majority of the population belong to Sunni sect of Islam. They believe in Hanafi interpretation of Shariah. Majority has a religious disposition and practice Islam according to its fundamental principles. Inheritance is divided according to the Islamic principles and daughters are given their property right accordingly.

3.9 WATER SUPPLY AND SANITATION 94. Springs, streams, rivers and perennial watercourses serve as the primary source of water for drinking and domestic use. In mountainous areas, where natural surface and ground sources are not available, people rely on rain-water ponds. In the plains where surface water is scarce, shallow wells allow the people to meet their basic requirements. A combination of factors, including the large-scale movement of displaced persons from neighboring Afghanistan, has adversely affected forest reserves which are critical for watershed protection. The depletion of forest resources has reduced the water retention capacity of the soil, while ecological and climatic conditions have led to the low recharge of groundwater sources. As a result, many springs, streams and perennial watercourses have dried up, forcing people to turn to deep groundwater sources. Official records for 2014–15 show that 60.0410 per cent of the population is covered by water supply schemes, mainly through community tanks and taps. Just 27 per cent of supply through these schemes consists of individual residential connections. Some 85 per cent of public- sector schemes rely on groundwater, while the remaining use surface sources11. The majority of groundwater schemes consist of tube wells, while dug wells and infiltration galleries using electric or diesel pumps are few in number. The normal water table in most parts of erstwhile FATA is between 91.44 and 152.4 meters. Surface schemes are gravity- based, using slopes and gradients to carry water to distribution points. Sources developed by the works and services department are analyzed for physical and chemical properties alone, and these results show that the water is fit for human consumption. 95. Traditionally, settlements in the tribal areas have always been widely dispersed. For reasons of security, meanwhile, communities have generally preferred to build their houses on mounds and hill-tops. In such areas, the drainage of rainwater and domestic wastewater was never a problem. Perhaps as a result, most communities failed to pay much attention to sanitation infrastructure. But as the population has grown and settlements have expanded, this arrangement is no longer safe or practicable. 96. The physical growth of settlements without any provision for basic sanitation is degrading the living environment and polluting water sources. Commerce, trade and

services including drinking water supply schemes; irrigation and small dams; natural resource management e.g. raising forest nurseries; etc.

10Source: Important Agency/FR wise Socio-Economic Indicators of FATA 2016 FATA Secretariat

11 Environmental and Social Assessment (ESA); Rural Livelihood and Community Infrastructure Project, FATA Secretariat.

Page | 30 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 business activities, and related services, add to the congestion. Today, the lack of adequate sanitation infrastructure poses a serious health hazard. Children, women and the elderly are particularly vulnerable. 97. Results from the primary social survey of the subproject show that most of the population depends on open wells and tube wells for drinking water. Moreover, 15 per cent of houses have “separate” latrines without flush system, 85 per cent have no access to latrines and use open fields. Overall, it appears that the population has no access to adequate sanitation in the form of toilets, sewerage, drainage and solid waste disposal.

3.10 POVERTY 98. The erstwhile FATA region has historically remained amongst the poorest parts of Pakistan. There are serious disparities in service provision as compared to the rest of the country. The absence of visible progress and the perceived lack of interest by both sub- national and federal governments in redressing the disparities have consequently deteriorated citizens’ trust in the ability of government institutions to meet the basic needs of the population. The general lack of basic services and weak institutional capacity to provide these have been recognized as drivers of crisis creating conducive environment for opportunistic militant groups whose economic incentives for potential recruits greatly outweighed the alternatives available to the people for their livelihoods. 99. The militancy crisis in KP and erstwhile FATA is a key contributor to stagnant growth and high unemployment. The ranks of the unemployed have risen with the intensification of the crisis in 2009/10, and even are likely to continue rising. These conditions have created a conducive environment for opportunistic militant groups whose economic incentives for potential recruits greatly outweigh alternative available options. Many are dependent on the black economy, drug trafficking and criminal activity for survival. 100. Official statistics on rural income and poverty in the area are quite weak. Factors underlying the region's poverty include (i) historical, political, and social isolation; (ii) a legal system reliant on executive and judicial authority administered through civil servants preferring to maintain the status quo; (iii) poor quality and coverage of institutions responsible for the provision of basic services; (iv) social practices that preclude women’s participation in economic life; and (v) lack of effective institutions for skill training to enable the labor force to shift from low to high-productivity sectors. 101. Poverty has to some extent made the population vulnerable to extremist tendencies and criminality. In the absence of viable options to earn a living, the lure of illicit activities such as smuggling (consumer goods, weapons) and drug trafficking is as difficult to resist as the call of extremist elements.

3.11 HEALTH FACILITIES

Page | 31 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 102. Health indicators for District are incomplete and, in many cases, only estimates are available. These highlight the poor state of the health care system. Health facilities in project area are inadequate. District Headquarter Hospital (Landikotal), Type-D hospital (Jamrud) and Dogra hospital (Bara) are main hospitals. Other than that, there are a number of private doctors and Hakeems present in the area. 103. Access to health services is severely limited, with 26 dispensaries, 04 T.B clinic/hospital, 13 Basic Health Units (BHU), 02 Mother Child Health Centers (MCHs) and 17 Community Health Centers reported in the year 2016 in District Khyber12. There are no basic health facility in the subproject area. Women and children visit Sara Channa BHU for vaccination etc whereas in severe cases patients are treated in Dogra Hospital Bara or referred to Peshawar.

3.12 SOCIAL ORGANIZATION 104. Society is structured on kinship basis in the Project area. Most of the decisions are made at the household level. The rich and influential people are accepted as community leaders, especially in collective welfare and development of the area. Also, the traditional leader in the village is the “Malik”, the elder who commands respect in the community.

3.13 AGRICULTURE 105. Only 8.6 per cent of the total geographic area of Khyber Tribal District is cultivated, with another two percent recorded as fallow, accounting for roughly half of all potentially cultivable land. A little over 4.3 percent of the cultivated area is irrigated, while the remaining farmland relies exclusively on rainfall. In irrigated areas, water is provided through a combination of delivery systems, including tube wells, dug wells, lift pumps and traditional communal canals. 106. The total cultivated area of Khyber Tribal District is about 24,153 hectares, whilst uncultivated land is 233,523 hectares, with 2050 hectares as forest area. The total cropped area is 24,148 hectares13. 107. At present no agriculture is being carried out and whole of the command area shows a barren picture and there is nothing in the fields. The information about the project area revealed that due to the absence of the local community, there is no agriculture for the last many years. The information also revealed that in past the inhabitants of the area were engaged in agriculture. 108. After the people of the area may return in the near future, they will again engage themselves in agriculture activities for earning their livelihoods. Therefore, assured supply of irrigation water through construction of permanent structure, these areas could be as good for crop production as normal agriculturally developed areas. It will also help in

12 Source: Directorate of Health Services, Merged Area Secretariat, Peshawar

13 Source: FATA Development Statistics, 2015-16

Page | 32 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 changing cropping pattern of the area gradually spreading over a period of 5–6 years or even more. Eventually the cropping intensity will also be increased.

3.14 EDUCATION 109. Bearing in mind that Khyber district has a traditional society, with low economic development and limited facilities, education is not a priority for them. The prevailing security situation over the last few years has retarded the pace of growth in education sector. The number of functional Govt. Schools and enrolment of boys and girls are provided in the Table 4.12 shows a negative picture of the situation. Table 3.2: No. of Functional Govt. Schools and Enrolment in Khyber (2014-15) 14 Educational Institutes No. of Schools Enrolment Total Boys Girls Total Boys Girls Primary Schools 327 198 128 59188 33827 25361 Middle Schools 26 14 12 1782 1301 481 High Schools 27 23 4 6441 5428 1013 Higher Secondary School 4 2 2 2118 1446 627 Govt. Degree College 4 3 1 3346 3076 270 Technical School 2 2 - 231 231 - 110. Entries to education in Khyber district normally starts from primary level and children of age five years and above are entitled to be formally enrolled. The overall literacy rate in Khyber district for both sexes was 49.40%, which is far less than the national average of 58% (2013-14). Similarly, the adult literacy rate in the region is 28% as against the national average of 75%. 111. The development statistics show a marked gender gap in literacy ratio as male adult literacy ratio in Khyber district stands at 76. 30% compared to just 16.60% female literacy rate. Primary level net enrolment rate for boys and girls is 52.1% compared to 65% across Pakistan. 112. Females are particularly unable to access middle and secondary schools. These schools are far away from the population or the majority of hamlets. Female mobility is restricted in Khyber district due to cultural limitations. Transport facilities are often not available, while the road network is non-existent or badly constructed. These are the major factors hampering access to middle and secondary education for girls. 113. A primary school for boys is present in the sub project area which is nonfunctional. About 45 % males in the subproject area are literate while no female is literate as there are no education facility for females. The school is about 1.5 KM from site.

3.15 ECONOMIC FEATURES 114. Historically, and particularly during the Soviet invasion of Afghanistan beginning in 1979, the region was a major center for opium production & trafficking and weapons sale. Today, the transit trade with Afghanistan is a major source of employment for the local population. The economy operates on an informal basis and is undocumented, since few laws providing for the regulation of economic activity have been extended to the tribal areas. 115. The people of the subproject area are not widely educated. They migrate to down districts in search of jobs or any other labour. Government services are a cherished source

14 Source: Directorate of Education, FATA, Peshawar

Page | 33 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 of livelihood for many. Agricultural farming (25%), small scale business (08%) and working on daily wages basis (55%) are also major providers of job and sources employment in the subproject area. About 02% of the employed population which is predominantly male works as migrant workers in Gulf countries while just less than 10% of the population is reported as employed in other provinces of Pakistan.15

3.16 MINING 116. The mineral deposits in Khyber Tribal District include Soapstone, limestone, dolomite, ciliate, silica sand, barite, mica, graphite and marble. Mullagori marble is one of the largest deposits in the world. Soapstone is the second largest mineral found in the area. 117. Extensive deposits of marble are found at several places in Khyber district. The marble is associated with the calcareous rocks in the Mullagori area. The marble is processed in different green and black colors. The marble is processed in different marble factories in KP, and in other parts of the country.

3.17 ROADS 118. According Socio-Economic Indicators of FATA 2016, total coverage extends to 662.96 kilometers of blacktop and another 218.74 kilometers of shingle roads in the year 201616. The sub projects area is accessible through all-weather road.

3.18 TELEPHONE FACILITIES 119. Landline telephone facilities are not available while Cellular networks are available with limited network in the subproject area.

3.19 SITES OF HISTORICAL SIGNIFICANCE 120. The prime attraction in this region is the Khyber Pass situated some 5 kilometers to the west from Jamrud. It runs to a length of about 40 kilometers up to Torkham check post at the Pak-Afghan border. For centuries this pass has been witnessing numerous kings, generals and preachers passing through it. Khyber is associated with numerous events in history, which have brought about momentous changes in the annals of mankind. It is a collection of mountain ranges, barren and crazily piled hills; forts of steel and rock stop every vantage point and naked road. 121. Baab-i-Khyber, the gateway to Khyber, has been constructed at the entrance of the historic Khyber Pass near Jamrud. The platform, for visiting dignitaries and containing useful and authenticated information which present in a nutshell, the historical background of the pass, the secrets of its magical charm and strategic importance, have also been constructed. 122. Jamrud Fort is visible from a distance like an old battleship. Looking ruggedly majestic with its jumble of towers and loop hole walls, the fort contains the grave of its builder, the famous Sikh General Hari Singh Nalwa, who died here in action against the forces of the Amir of Kabul in 1837 AD. The fort; coarsely constructed of stone daubed with mud plaster, was built by the Sikhs in 1823 on the site of an earlier fort. The modern stone arch spanning the road dates from 1964.

15 Primary Social Survey of the Sub Project, 2019.

16 Important Agency/FR Wise Socio-Economic Indicators of FATA 2016, FATA Secretariat.

Page | 34 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 123. Near the narrowest point of the pass, about 15 Km from Jamrud is Ali Masjid and a large fort and a British cemetery. The valley walls bear insignia of British regiments that have served here. In the cemetery here are the graves of British soldiers killed in the Second Afghan War of 1879. This was the famous battle of Ali Masjid. Regimental insignia are carved and painted on to the rock faces at several places along the road, with the Gordon Highlanders, the South Wales Borderers, and the Royal Sussex, Cheshire and Dorset regiments standing in one doughty group. After the gorge, the pass opens out into a wide fertile valley dotted with Pashtun villages. True to form, however, these villages look more like forts, with high, crenellated mud walls running between watch-towers pierced with narrow gun slits. 124. Ali Masjid Fort is located at the narrowest portion of the Khyber Pass, through which only a loaded mule or Camel could pass till as late as the mid nineteenth century. The fort was built by the British in 1890. The ruins of a Buddhist Stupa can also be seen in the area. There is also a mosque and a shrine in the memory of Hazrat Ali (RA), who visited this place according to a local tradition. There is also a huge boulder which carries the marks of a hand believed to be that of Hazrat Ali (RA). Even Khyber was named after the Khyber of Arabia, where Hazrat Ali (RA) accomplished a great deed of valour. 125. Shpola Stupa, a Buddhist ruin dating from the second to the fifth centuries AD, stands to the right of the road and above the railway at the village of Zarai, 25 kilometers (16 miles) from Jamrud. The Stupa has a high hemispherical dome resting on a three- tiered square base. Some beautiful Gandharan sculptures were found here when the site was excavated at the beginning of this century. Some of the finds are now in the Peshawar Museum. The side of the Stupa lacing the road has been restored. 126. On a hilltop to the left of Torkham is the ruined Kafir Fort, a Hindu relic of the ninth century AD. On this ridge in 1919, the British and Afghans fought one of the last engagements of the Third Afghan War. The top of the hill is now Afghan territory, with a commanding view down on Pakistani installations and forts. 127. No sites have been reported around the sub projects site of any cultural and historical significance.

3.20 GENDER ISSUES 128. Tribal society is dominated by men. Cultural tradition, social practices and low female literacy have left women in a vulnerable position. They are for the most part restricted to performing household work, and are excluded from decision-making both on the domestic front and at the community level. Women’s access to education and health care is limited because such services are not available close to home. 129. The male domination in total population is consistent. Although the women about ½ of the population but they are not visible in public life of the villages due to strict purdah/veil system. The FGDs confirmed that women’s role in the tribal system is limited to unpaid housekeeping and very small-scale productive activities at household level and they are not involved in any economic activity 130. Women in the area play a dominant role in running the household, rearing and guiding children, managing household finances, and providing much of the labor for agriculture and animal husbandry. They do not normally have a public role, particularly in interactions with the broader society. Tribal society is dominated by men with final say in the affairs of all members of the family. Women, by comparison, play a subservient role and observe strict purdah (veiling). They are for the most part restricted to performing household work, and are excluded from decision-making both on the domestic front and at

Page | 35 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 the community level. Due to cultural background, women of the sub project area could not be consulted. Beside this no women headed household are found in the area neither any female is among the affected peoples.

3.21 Land Rights 131. In FATA, all the natural resources (land, forests, pastures, water, minerals, etc.) are shared by both ownership and utilization based on the blood-line, clan, lineage and family. In the past, most of these Agency sub-tribes were practicing “wesh” or periodic redistribution or randomized rotation system. Accordingly, the sub-tribe would hold a wesh- jirga after every 30 to 50-year period to hold a random-draw by each clan, and the clan by each lineage and family to decide where to move with their families, livestock and all movable belongings to other villages within the sub-tribal territory. As a result, the residents of each valley/village-A may move to valley/Village-C for the next wesh-period. This was for the purpose’s collective ownership and equitable utilization of the resources and collective security concerns. 132. But now the traditional wesh-system has been abandoned in most of the FATA region, and the clans and lineages are now permanently settled in their respective territories, mostly comprising different watersheds and sub-watersheds. They no longer shift from valley to valley, or village to village, and the land and water ownership and usufruct rights are fairly clearly defined and established by clans and lineages. The ownership of land by families (extended/joint) is more evident where its dominant use is made for housing and agricultural production. In contrast, the forest, pasture and water resources are considered as the common resources by sub-tribes and clans, with equal usufruct rights for all, while the incomes from the sale of forest products are shared proportionately by the number of male members.

Page | 36 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 4 PUBLIC CONSULTATION, PARTICIPATION AND DISCLOSURE

4.1 GENERAL 133. In line with the twin aims of information dissemination and collection of stakeholders’ concerns, the updating of this of LARP of Magoo Dand involved a robust public consultation and information disclosure process. Consultation and participation play a central role in ADB’s SPS (2009). It emphasizes the importance of a well-informed consultation process with APs and communities for land acquisition and resettlement. Effective stakeholder consultation incorporates the principles of timely engagement, transparency, inclusiveness and meaningful participation. 134. The Project has promoted meaningful public and stakeholder’s consultations. It began early in the Project cycle such as; during the preparation of feasibility level and has been continued throughout the LARP preparation. Plans are in place for it to continue through the LARP finalization and implementation. The process has provided timely disclosure of relevant information to stakeholders through a religious leader, with FGDs and face to face meetings to ensure it is fully understood. Particular attention has been paid to the AP’s in the process so that they are more comfortable with the process and feel accommodated. 135. During the consultations with the locals, the major categories participated in public consultation were local population, Jirga of villages Zawa, Mashomala and Aziz Khwar businessmen, tenants and potential APs belonging to the proposed project. 136. The feedbacks and issues raised during the consultation were recorded and documented for developing the strategy. Consultations with government departments were mostly related to the proposed project, legal requirements, associated impacts, lessons learned during the implementation of previous projects, availability of requisite baseline information, specific legal requirements, information regarding any future development plans, coordination between the various concerned departments. Officially meetings and consultation with the APs were arranged by local administration. 137. Regardless of the technical soundness of a LARP, an ineffective consultation process can delay project delivery and risk not achieving project outcomes. On the other hand, when stakeholders are directly engaged from the outset of the project, stakeholders feel part and parcel of the process of project delivery. 138. This section covers the process and outcomes of the stakeholder consultation and information disclosure process. The findings of the stakeholder engagement started at the feasibility level and continues at implementation stage.

4.2 IDENTIFICATION OF PROJECT STAKEHOLDERS 139. The first step involved for the stakeholder consultation, is the identification of stakeholders. Identification of stakeholder is an important step which ensures that all stakeholders are identified and classified as per their role about the Project. The Magoo Dand sub project identified two major categories of stakeholders: (i) government institutions who are involved in the management of District Administration and resident of project area. (ii) Project Affected Peoples.

4.3 OBJECTIVES OF STAKEHOLDER CONSULTATIONS 140. Stakeholders especially the local population involvement is an important feature of the LARP and can lead to better and more acceptable decision-making regarding Project design, construction and operation. Public involvement, undertaken in a positive manner

Page | 37 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 and supported by a real desire to use the information gained to improve the Project design, will lead to better outcomes and lay the basis for on-going positive relationships between the stakeholders. 141. Consultations were conducted with all stakeholders using various social tools like meeting in the religious place, Focus Group Discussion, face to face meetings etc. The main objectives of these consultations were to gather the views of the stakeholders regarding the proposed sub project and identify measures to ensure minimizing project LAR issues to reduce project’s adverse impacts on the local community and the APs. These consultation objectives were shared at the outset of each meeting as outlined below: (i) To identify the positive and adverse Social impacts of the project; (ii) To identify suggestions to mitigate the expected adverse impacts of the project; (iii) To identify concerns/suggestions of the community regarding environmental impacts of the project and mitigation measures; (iv) Ensure participation of stakeholders in the whole process of the preparation and implementation of the LARP; (v) Determine APs preferences for the type and delivery of compensation; (vi) Minimize APs apprehensions and ensure transparency in LARP activities. (vii) Informing the stakeholders about what is proposed; (viii) Providing an opportunity for those otherwise unrepresented to present their views and apprehensions therefore, allowing more sensitive consideration of mitigation measures and trade-offs; (ix) Providing those involved with the planning of the Project with an opportunity to ensure that the benefits of the Project are maximized and that no major impacts have been overlooked; (x) Providing an opportunity for the public to influence the Project design in a positive manner (participatory development); (xi) Increasing public confidence in the proponent, reviewers and decision makers; (xii) Providing better transparency and accountability in decision making; (xiii) Reducing conflict through the early identification of contentious issues and working through these to find acceptable solutions; (xiv) Creating a sense of ownership of the proposal in the minds of the stakeholders. (xv) More tangible benefits flow from public involvement as participants see that their ideas can help to improve this Project. People gain confidence and self- esteem through their involvement in the process and perceptions are expanded by meeting and exchanging views with people, who have different values and ideas; and (xvi) Achieve sustainable development. 142. Public consultations were held with landowners of the subproject, the landowners demanded that there may be loss of their livelihood and they will not be able to fulfill the basic needs of their family. Therefore, locals demanded fair compensation to be provided for 3.37 acre of land so that they can start their business easily. The landowner agreed to voluntarily donated the 14.3 acres’ land as the landowner shared that it will not affect their livelihood, nor any physical displacement will happen as the result of land donation for the sub project. Therefore, it was agreed to purchase only 3.37 acres of agricultural land

Page | 38 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 through private negotiations. Stakeholder consultations for Magoo Dand sub project were held from October 2019 till November 2019 as illustrated in Table 4.1. Table 4.1: Stakeholder Consultations Conducted for Magoo Dand sub project No. of Sr. Stakeholder Tools Date Participa Venue No. nts Assistant Commissioner, Office of District Consultative 1 Khyber Tehsil and 09-10-19 5 Revenue officer Meeting District Revenue office Jamrud.

Separately Forest, District Forest officer, 7 Consultative Agriculture and 2 Agriculture office and 10-10-19 Meeting Irrigation offices Irrigation Department Jamrud

Focus Group 3 Peoples of Zawa village 11-10-19 9 Village Zawa Discussion

People of the Masho Focus Group Village Masho 4 12-10-19 10 Mela village Discussion Mala

Peoples of the Aziz Focus Group 5 13-10-19 18 Village Aziz Khwar Khwar village Discussion Semi- At project site with At Project 6 structured- 14-10-19 4 affectees proposed site interviews Semi- At project site with At project 7 structured 15-10-19 6 affectees Proposed site interviews At command area public 14 consultations for Consultative 8 22-10-19 At command area landowners who donated Meeting the land 20 For sharing key features Consultative 9 04-11-19 At command Area of LARP Meeting

During the consultation sessions with landowners who donated the land and who sold the land, key aspects of compensation and entitlement. Eligibility criteria and Grievance mechanism was also shared in a transparent manner. It was further agreed that the consultation process would continue throughout subproject life.

4.4 INFORMATION DISSEMINATED 143. During the consultation meetings with communities including APs and Jirga, the following information was disclosed:

✓ Scope of the Magoo Dand project and its various components such as Weir site, irrigation channel, command area and access road etc.;

✓ The stakeholders involved and their roles and responsibilities;

✓ The process of land acquisition and calculation of compensation;

✓ Description of the entitlement matrix to be developed for APs;

Page | 39 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 ✓ The importance of GRM and the role of the community in GRM;

✓ Overview of land acquisition and resettlement related impacts on communities; and ✓ Concerns and suggestions of the APs regarding the projects’ impacts on their assets and livelihoods.

4.5 OUTCOMES OF FGD WITH Aps and LOCAL RESIDENTS Sr. Comments Responses Responsibility No. 1 Representatives Noted down No action Required overwhelmingly welcomed the government’s initiative to Infrastructure projects like Irrigation project and were hopeful that the project would increase socio economic uplift activities in the area. 2 Due to local geo political This concern is Irrigation Deptt during situations in FATA region, related to Irrigation Operation and especially unemployment in Department during contractor/consultant the area, most of the operation phase and during construction phase people of the area depends during construction on Agriculture. With the phase the contractor development of the Barani will prefer the local land into Irrigated land the peoples for people of area facilities the employment. policy employment opportunities level. Therefore, it is beside the other Socio noted down. economic benefits. 3 Any names? Affected Compensation of the FWRDP peoples of the area affected structures demanded that there may will be paid as per be the loss of their ADB policy SPS, livelihood and They will not 2009. be able to fulfill the basic All compensation will needs of their family. be announced and Therefore, locals paid before the start demanded fair of civil works. compensation to be provided so that they can start their business easily. 4 A few people names ? said Noted down and it is FWRDP/Contractor that their skilled children the responsibility of should be given the contractors that employment opportunities un skilled job during the construction and opportunities should operation stage of the be provided to the proposed project. locals. 5 They said that during the Noted and will be FWRDP/ construction and operate implemented as Consultant/Contractor stage, the mobility of the EMMP. locals will suffer, and therefore, proper arrangements should be made to ensure their

Page | 40 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Sr. Comments Responses Responsibility No. mobility to the project. 6 Generally, the local The Contractor will FWRDP/CSC inhabitants do not foresee ensure that all any environmental hazards damaged resources to their area due to the will be restored or project. However, they replaced by the mentioned shortage of project. potable water in the project Contactor will area and apprehended that arrange separate exploiting water from water supply for the existing water sources for construction and execution of civil works camp. may further aggravate local water supplies and suggested for avoiding use of local water supply during execution of the project. 7 They were concerned Noted down and FWRDP/CSC/Contractor about the limitations of the Contractor will existing roads and when develop alternative construction will begin and options to minimize there will be an influx of this impact before construction vehicles; they the start of the feared there would be more construction activity. delays for departure/arrival of their goods. It was suggested that construction activities should not interfere the free movement of traffic passing through the existing roads and the movement of construction vehicles should be regulated in such a way to avoid any road blockades and interruption. 8 There should be a The GRC will be FWRDP/CSC/Contractor continuous community established for consultation program complaint registration throughout the project and resolution. implementation period; 9 There should be Noted down FWRDP/CSC/Contractor employment opportunities for skilled and unskilled local people, preference should be given to the affected persons; 10 Vocation training / Noted down FWRDP/CSC/Contractor educations needs to be provided to local women, so that they could support their families by supplementing their household income;

Page | 41 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 4.6 FINDINGS OF FGD WITH AFFECTED LANDOWNERS 144. To safeguard community concerns a Jirga was arranged by the elders of surrounding villages to discuss the project features and the community concerns on different aspects including acquisition of additional land for passenger terminal and grievance redress mechanism for the project. In this regard, a detail consultation was conducted with the Jirga members. Major outcomes of the FGD and a summary of key concerns and suggestions made by the Jirga are presented below. 4.6.1 Outcomes of FGD with Jirga Sr. Concerns Reply Responsibility No. 1 Job/ employment opportunities Job opportunities will be FWRDP/CSC/Contractor for local people should be provided to the locals created during the construction during construction and and post-construction phases of operation stage of the the project. project 2 The Jirga members emphasized Noted down will be FWRDP/CSC/Contractor four basic demands- a) inform timely. timeframe on vacating; b) demarcating of land proposed for project c) timeframe for payment of compensation for structures;

3 What rates are adopted for the There will be no Building Department assessment of affected structure affected. Khyber District, FWRDP structures? and Revenue Deptt.

4 How the affected trees will be There will no tree will to FWRDP/ Forest compensated? be cut for project Department Khyber implementation District/FWRDP

5 Where from the labor/ workers Local people will be FWRDP/CSC/Contractor will be hired during the project given priority for construction phase. employment during construction stage. For this purpose, contractor will be made bound by adding a clause in contract documents to hire the local labor during construction phase. This will be monitored through internal monitors. In case of more candidates, merit based on skills and qualifications will be followed strictly.

Page | 42 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Sr. Concerns Reply Responsibility No. 6 Who should we contact in case The GRC will be FWRDP/CSC Social of any complaint/objection? established for Safeguard Expert complaint registration and resolution. 7 Transparent and fair Effective monitoring FWRDP compensation mechanism will be procedures should be adopted introduced to make the compensation process more transparent. 8 Consultation process should be The meaningful FWRDP/LARC continued consultation and through the project cycle informed consultation disclosure will be carried out as per ADB’s SPS 2009 9 Chances of some environmental Detailed mitigation FWRDP/CSC effects like noise/vibration and options have been dust emissions to the nearby provided as part of the community Initial Environmental Examination (IEE) and the contractor will be bound to comply with mitigation measures by including a clause in the contract. 10 Local transport should not be The alternate routes will FWRDP/CSC hindered during the construction be adopted for the stage. smooth flow of the movement 11 Water resource infrastructures FWRDP will ensure that FWRDP/CSC should be restored if damaged all damaged resources will be restored or replaced by the project. 4.6.2 Consultation with the Deputy Commissioner and District Revenue Officer ✓ This project is beneficial to the locals as well as whole country;

✓ During construction stage labor opportunities should be provided to the locals;

✓ To avoid the dust and noise pollution international standards should be adopted to reduce the pollution issues in the area;

✓ Local administration should made agreement with the locals for smooth implementation of proposed project.

✓ Compensation of affected land and infrastructure should be paid to the locals as per market price; and

✓ During the construction stage try to address local grievances.

4.7 OTHER CONCERNS/FEEDBACK

Page | 43 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 145. Basic amenities of life are not available in the project area. Medical facilities, proper education system, local villages’ road infrastructure and electricity are not present in the nearby villages.

4.8 Water Supply/Drinking Water/Irrigation Water 146. Locals informed that water scarcity is a big issue in most of the villages. Therefore, this should be address on priority basis and some funds should be allocated to the water supply system of the nearby villages.

4.9 Health/Medical Facilities 147. Water borne diseases are common in the Tribal Khyber District. Diseases such as jaundice, hepatitis, fever, tuberculosis and stomach disorders etc. are common in these areas. Due to lack of staff and inadequate space in the district hospitals, it is overloaded and unable to accommodate the population for proper medical care. Locals travel long distances to reach health facilities and go to Peshawar. The situation is even worst for women in need of maternity facilities. Majority of the locals informed that for childbirth cases, people have to go to Peshawar due to lack of proper maternity facilities in the local hospital. Due to inadequate health facilities, majority of the patients couldn’t get proper treatment. Therefore, people demanded that a new fully equipped hospital should be established. 148. Women in the project area are facing major health problems. Most women are facing maternity problem. Medical facilities are far away. Women’s access to these health facilities is not possible because they couldn’t travel long distance.

4.10 Education 149. Education facilities are very poor in the whole District. Only one primary school for boys exist near the project area. Children have to go to Tehsil Head Quarter to get high school education. This situation is much worst in case of female education due to non- availability of high school and college in the area. 150. Lack of income and mobility is the main hurdle in sending the girls to school. High schools and collages were also not available which has also reduced the women literacy status. Males get preferential treatment regarding formal education as compare to females.

4.11 GENDER INVOLVEMENT IN THE CONSULTATION PROCESS 151. One of the overarching pillars of meaningful consultation is the inclusion of vulnerable groups, including women in the consultation process. Regardless of socio- cultural and customary restriction to interact with women in the Tribal area, efforts were made to gain maximum information related to women. Local cultural do not allow to communicate with the women through male or female. Therefore, information related to women were collected from their male members.

4.12 Gender Aspects 152. The emancipation of women is a campaign to give women equal rights and status with men. The emancipation of women (i.e., their liberation from economic and sexual oppression, their access to higher education and their escape from narrow gender roles) is not easily achieved due to the traditional setup. In this rural society, males dominate.

Page | 44 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Cultural tradition, social practices and low female literacy ratio have left women in a vulnerable position. Women are restricted to performing household work and are excluded from decision-making both on the domestic front and at the community level. Women’s access to education and health care is limited because such services are not available close to home in the project area. Women take active part in agricultural activities, collect fuel wood and fetch water, in addition to household work and family duties, but their due status is not given by the society. 153. Women in the project area are also vulnerable through economic, social and psychological poverty. Economic poverty is due to lack of assets and low endowment of human capital. Social poverty derives from the inability of the society to accept women’s equality and their economic, political and cultural rights, while psychological poverty is a product of the subjugation of women, under the dictates of customs and traditions, which deprives them even of control over their own lives. 154. In this tribal set-up women are kept under-educated or uneducated. They are mainly dependent on male members of the family for economic reasons and cannot take decisions regarding their own lives. They have no say in family matters and are not asked about their preference for marriage. Yet for the paucity of rights, women play a vital part in the society through performing essential, albeit menial, tasks and supporting their families (e.g., collection of firewood from distant places, nurturing children, and cooking and cleaning for the family). 155. Information which was collected through secondary sources and group discussion with locals shows that major problems faced by women in the area are lack of primary health care and the lack of education opportunities. Other problems include laborious work such as woods collection for cooking and heating, working in agricultural fields. These tasks not only affect their health but also take up major portion of their time.

4.13 Key Findings a. Under local customs and traditions, the women are not allowed to participate in outdoor income earning and social activities; the women are seldom allowed go out of their houses without accompanying male members of their family which limits the social circle of women to nearby relatives and neighbors living around. Hence, the role of women in the society is limited to household works with no involvement in outdoor activities and accordingly the participation of women in development process could not be perceived. b. Except for household chores and upbringing of children, the women have limited authority to participate in decision making related to family matters and all the issues related to purchase or disposing household property and other outdoor activities of male family members are decided by the male members. c. The most pressing needs identified by women for the village are a reliable provision of water supply, availability of electricity, development of proper schools and improvement of road conditions in the area. d. During the construction phase of the project, women viewed mobility of their family members as the biggest concern. They expressed that the project proponents should ensure that access to schools and health facilities are not hampered due to construction activities. e. During the post-completion phase of the project, women felt that the area will get an economic uplift with increased business opportunities and improved road conditions.

Page | 45 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 4.14 Women Issues and Development Needs 156. As the project area is exist in the tribal area, and rural community, women activities in the field (such as fetching of drinking water, collecting firewood, washing clothes, livestock grazing activities etc.) may be affected due to the construction activities of the proposed project. Moreover, labor influx for construction works can lead to a variety of adverse social and environmental risks and impacts such as risk of social conflict, increased risk of illicit behavior and crime, influx of additional population (followers), impacts on community dynamics, and increased burden and competition for public services and natural resources. In addition, with specific reference to women, rural women in the project normally use open field latrines, and their privacy may suffer due to project activities especially during the implementation period. The induction of outside labor may create the social and gender related issues due to unawareness of local customs and norms. It will also cause the hindrance to the mobility of local women in the area. Disturbance to the mobility of local women when workers of contactor will work on various construction activities.

4.15 FUTURE CONSULTATIONSAND PARTICIPATION AND LIMITATIONS 157. Due to security issues and tribal area direct consultation with the APs and Jirga representatives not allowed by the local Govt. administration. Therefore, due these constraints limited level consultation carried out during the development of the LARP. The consultation is ongoing process throughout LARP planning, preparation, updating and implementation phases. As the first round of consultation was conducted during preparation of draft LARP and above discussions reflect it accordingly. Meanwhile the consultation process between the local community and FWRDP is ongoing to arrive a consensus on the methodology of land acquisition and agreement on terms and conditions for LAR processing and implementation. Consultation will be continued and recorded by FWRDP to arrive a consensus on land acquisition and LAR processing. Future consultation will aim to share the key findings of the LARP including compensation, eligibility matrix and other key aspects. This will be an opportunity for APs to gain insight on the findings of the LARP and provide feedback.

4.16 DISCLOSURE OF LARP 158. Key features of this updated LARP have already been disclosed to the APs during consultative meetings and focus group discussions, census and socio-economic surveys and field level corner meetings between the APs, consultants and FWRDP. However, following steps will be undertaken for disclosure of LARP. 159. The LARP will be disclosed to APs in the shape of a booklet that will serve to inform APs about key aspects of the compensation and entitlements established for the proposed project and the implementation and monitoring mechanisms that will ensure transparent and fair execution of these aspects. An information booklet having summary of impacts, asset valuation, unit rates, eligibility criteria, compensation entitlements, compensation delivery and grievance redress mechanism with institutional arrangements for implementation of LARP will be prepared. This information booklet will be translated into Urdu and Pushto and will be distributed to all the APs. This information booklet will be prepared and distributed by the FWRDP within one month of preparation of the LARP for the sub project. As per LARP implementation schedule, the LARP will be uploaded on the ADB and Govt websites. 160. After approval by the ADB, the final LARP will also be uploaded on Govt and ADB websites while hard copies of the approved LARP will be placed in relevant government

Page | 46 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 departments managing project activities and will be shared with the local Union Council’s Office. Summary LARP will be translated into Urdu and Pushto by FWRDPC covering information about project impacts; asset valuation, unit rates, eligibility criteria, compensation entitlements, compensation delivery and grievance redress mechanism with institutional arrangements and shall be disclosed to the APs including women and other stakeholders by Project Office through Resettlement Officer/Specialist in PMU before start of LARP implementation.

Page | 47 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 5 GRIEVANCE REDRESS MECHANISM

5.1 General 161. A Grievance redress mechanism (GRM), consisted with the requirements of ADB safeguard policies has been established to prevent and redress community concerns, reduce risks, and assist the project to maximize social and environmental benefits, in addition to serving as a platform to resolve grievances, for this purpose a public complaint Centre with public complaint committee is established in all concerned Districts where the project activities are in progress. Generally, all project staff, management staff involved in the project, and government administrators has taken on grievance handling as a responsibility. The GRM members are qualified, experienced, and competent personnel who can win the respect and confidence of the affected communities. Criteria for selection of members of GRM included the following knowledge of the project, its objectives, and outcomes; technical knowledge and expertise, e.g., irrigation, engineering, environmental, geological; understanding of the social, economic, and cultural environments and the dynamics of the communities; capacity to absorb the issues dealt with and to contribute actively to decision-making processes; social recognition and standing; and an equitable representation of the community. 162. The public complaint centre at concern districts, where project activities are prevailing consists of the following members; 1. Chairman, Project Director-FWRDP. 2. Member, community elder/Malak, Religious leader. 3. Member, Social Development Officer/ Resettlement officer - FWRDP. 4. Member, Environment Officer - FWRDP 5. Member from village organization (one for Executive body and one for general body) 6. Member, PIU (Project Manager, Monitoring officer and Social organizer) 7. Member from Contractor/Environment Specialist/Manager 8. Member District Representative 9. Member from Line Department

5.2 Objectives of Grievance Redress Mechanism 163. The main objective of establishing GRM is to resolve problems in an efficient, timely and cost-effective manner in a cordial environment with the participation of all stakeholders including affected parties. Under the GRM, it shall describe the options available to the project for grievance redress. Any environmental or social impacts, especially Land Acquisition and Resettlement aspects that would be adversely affecting the general public in the project area should be resolved at the GRC. 164. The PIU has already communicated about the GRC and has the affected parties can access the platform. The grievance redress mechanism has an in-built monitoring mechanism to check on responsiveness to complaints or grievances lodged. The different forms of receiving the complaints is clearly described to the affected communities, together with the different stages of going through the process. In addition, the redress mechanism will indicate alternatives, in case the proposed mechanism, for any reason, does not

Page | 48 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 respond to all grievances and complaints. The GRM is able to provide benefits to both the project and affected parties by setting up following objectives, • Provide a forum for redressing grievance and disputes at the lowest level. • To build up productive relationship among all stakeholders including affected parties. • Provide access to affected parties to negotiate and influence the decisions and policies of the project which might be adversely affected to them. • Mitigates or prevents adverse impacts of the project on communities and produces appropriate corrective or preventive action.

• To harmonize both project and affected parties’ activities. • open channels for affective communication, including the identification of new social and environmental issues of concern arising from the project: • The GRM will be accessible to diverse members of community, including more vulnerable groups such as women and youth • Opportunities for confidentialities and privacy for complainants are to be honored where this is seen as important • Incorrect identification of losses; • Disconnect between compensation and entitlement matrix; • Dispute over ownership; • Delay in disbursement of compensation; • Unfair distribution of compensation, especially in case of joint ownership/communal land

5.3 Principles 165. ADB requires that a GRM is established and maintained. A grievance mechanism will ensure that APs appealing against any disagreeable decision, practice or activity arises from land or other assets compensation. APs will be fully informed of their rights and the procedures for addressing complaints whether verbally or in writing during consultations, surveys and the timing of compensation. This GRM is designed to efficiently receive and facilitate the resolution of APs’ concerns and grievances on project-level social and environmental issues. The GRM should be scaled to the risks and impacts of the Project. It will address APs concerns and complaints promptly, using a simple and transparent process that is gender responsive, culturally appropriate and readily accessible to all segments of the APs. 166. The information of grievance redress process will be widely disseminated to all AP’s during Project consultations and FGD’s after the finalization of this document. The Project GRM will be in effect from the commencement of Project implementation activities up till six (06) months after the completion of the civil works. To launch a complaint, APs/local community should enter their complaints/concerns and issues formally and accordingly the Project staff will enter the complaint on Community Complaint Register

Page | 49 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 (CCR) consisting of as a minimum information such as; name and address of complainer, description of complaints and other necessary information / record and reasons in case issue has not been resolved. Proper consideration will be given to avoid the grievances rather than going through a redress process. This will be obtained through the practicable RP design and implementation, by ensuring full participation and consultation with the APs and by establishing extensive communication and coordination between the APs/local community, PMU, revenue department (LAC) and other line departments. 167. This leaves a gap in land/asset acquisition process followed under local legal frameworks and ADB policy as far as compensation for resettlement and rehabilitation aspects are concerned. To address these gaps and resulting concerns or grievances of APs, an effective grievance redress mechanism that is fully commensurate with local customs and legal framework is required for timely resolution of grievances and achieving transparency in resettlement process.

5.4 Awareness of GRM 168. GRM is widely publicized among stakeholder groups such as the affected Communities, government agencies, and Community organizations. Lack of knowledge about GRM results in people not approaching and using them, and they eventually lose the importance and the validity of the purpose for which they were created. People were informed about their options, depending on the types of complaints, but at the same the communities were sensitized to refrain from submitting false claims Criteria for eligibility need is communicated. An effective awareness campaign was launched to give publicity to the roles and functions of the GRM and which include the following components: • How complaints can be reported to those GRMs and to whom, e.g., phone, postal address and email addresses, of the GRMs as well as information that should be included in a complaint; procedures and time frames for initiating and concluding the grievance redress process; boundaries and limits of GRMs in handling grievances; and Roles of different agencies such as project implementers and funding agencies.

A variety of methods can be adopted for communicating information to the relevant Stakeholders: • Display of posters in public places such as in government offices, project offices • Community centers, etc.; distribution of brochures; • P.O BOX number 023 has been established to receive the grievance of the affected community through mail in all concern agencies

• Community-based organizations; and print and electronic media, including radio.

Page | 50 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

5.5 Implementation of GRM Stage 1:

169. When a grievance arises, (Social & Environment/Any) the affected person may contact directly with the contractor/operator and the project manager to resolve the issue of concern, if the issue is successfully resolved, no further follow up is required.

Stage 2: 170. If no ad hoc solution to be found the affected person/s will submit an oral or written complaint to the Public Complaint Centre (PCC) by themselves, for an oral complaint the PCC must make a written record, for each complaint PCC must investigate the complaint, assess its eligibility and identify an appropriate solution, it will provide a clear response in five working days to the complainant, the PCC will instruct the contractor to take corrective action. The PCC will review the contractor response and undertake additional monitoring, during the complaint investigation, the PCC will work in close consultation with the contractors and the supervising engineer (during construction). The contractor during construction and the IA during operation should convey the outcome to the PCC within seven working days.

Stage 3: 171. If no solution can be identified by the PCC or if the complainant is not satisfied with the suggested solutions under stage 2, the PCC will organize within two weeks a multi stakeholders meeting under the auspices of the irrigation department, where all relevant stakeholder (i.e. the complainant, IA, contractor/operator, relevant local government offices) will be invited. The meeting should result in solution acceptable to all, and identify responsibility and action plan. 172. The contractor during construction and IA during operation should implement the agreed upon redress solution and convey the outcome to the PCC within seven working days. Stage 4:

173. If the multi stakeholder hearing process is not successful, the PCC will inform project steering committee (PSC), A Project Steering Committee headed by additional chief secretary, Planning and Development Department (P&DD) KP, will provide policy guidelines for smooth running of the project activities, the Members of PSC include the secretary, P&DD, KP, Secretary finance KP, Secretary Irrigation KP, Secretary Agriculture KP, Secretary Forest KP, Director General projects, Merged Areas , Representative of Planning & Development Division Government of Pakistan, Islamabad, Deputy Commissioner of Khyber, Bajaur, Mohmand Districts, representatives of all concerned line departments and representative of ADB, PRM Islamabad. The Project Director will participate as PSC Member cum Secretary. The PSC will meet at least twice a year or more frequently, whenever issues requiring resolution are submitted for its consideration. The PSC will organize special meetings to address the problem and identify its solution. Stage 5:

174. If the affected people are still not satisfied with the reply in stage 4, he or she can go through local Tribal Jirga and or judicial proceedings.

Page | 51 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

Registration of Grievance through PO BOX 023

Assessment and action taken directly by the

contractor/operator and the project manager Stage 1

Yes

Grievance Resolved

Public Complaint Centre (PCC)

Stage 2

Yes

Grievance Resolved

Multi stakeholders meeting under the auspices of the irrigation department

Stage 3

Yes Grievance Resolved

Project Steering Committee (PSC)

Stage 4

Yes Grievance Resolved

No Grievance Local Jirga and or Judicial Proceedings Stage 5 Settled

Figure 5.1: Proposed GRM

Page | 52 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

5.6 INFORMATION DISSEMINATION AND COMMUNITY OUTREACH 175. The grievance redress mechanism for the project is complimented by a robust information dissemination and community outreach component. As part of this component, the FWRDP is required to provide relevant information regarding their rights to the APs as per the policies and regulations outlined ADB’s SPS (2009) and the approved LARP. All relevant information were translated in Urdu and Pushto to ensure acceptance by local communities. The APs were informed about the three different tiers of the grievance redress procedure, including the roles of the Jirga, the GRC and the Office of the FWRDP in grievance resolution. The APs were provided information about contact details of the focal points for each of the three tiers of the GRM and the process for lodging complaints. Once a AP has lodged a complaint, APs will be acknowledged about the receipt of complaint and field visits plan of GRC for investigation of the issues and problem identification as well as the scheduled of hearing will be communicated to ensure that aggrieved person is available during field investigations and hearing proceedings. Moreover, the Resettlement Specialist and his team will closely liaise with the APs and keep them updated regarding the progress towards grievance resolution and final decisions.

Page | 53 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 6 LEGAL AND POLICY FRAMEWORK

6.1 Land Acquisition Act 176. The Pakistan law governing land acquisition is the LAA of 1894 and successive amendments. The LAA regulates the land acquisition process and enables the provincial government to acquire private land for public purposes. Land acquisition is a provincial responsibility and provinces have also their own province specific implementation rules like Sindh Land Acquisition Rules, 1983. The LAA and its Implementation Rules require that, following an impact identification and valuation exercise, land and crops are compensated in cash at the current market rate to titled landowners. The LAA mandates that land valuation is to be based on the last 3 to 5 years average registered land-sale rates. However, in several recent cases, the median rate over the past 1 year, or even the current rates, have been applied with an added 15% Compulsory Acquisition Surcharge according to the provision of the law. The displaced persons, if not satisfied, can go to the Court of Law to contest the compensation award of the Land Acquisition Collector (LAC). The various sections relating to the land acquisition are briefly discussed.

• Section 4 refers to the publication of preliminary notification and power for conducting survey. The Section 5 relates to the formal notification of land for a public purpose and 5 (a) covers the need for inquiry. Section 6 refers to the Government makes a more formal declaration of intent to acquire land. • Section 7 indicates that the Land Commissioner shall direct the Land Acquisition Collector (LAC) to take order for the acquisition of land. The LAC has then to direct that the land required to be physically marked out measured and planned under Section 8. • Section 9 allows the LAC to give notice to all APs that the Government intends to take possession of the land. If they have any claims for compensation then these claims are to be made to him at an appointed time, while the Section-10 delegates power to the LAC to record statements of APs in the land to be acquired or any part thereof as co-proprietor, sub- proprietor, mortgagee, and tenant or otherwise. • Section 11 enables the Collector to make inquiries into the measurements, value and claim and issue the final "award". The award includes the land's marked area and the valuation of compensation and the LAC has made an award under Section 11, LAC will then take possession and the land shall thereupon vest absolutely in the Government, free from all encumbrances. The section 18 reveals that in case of dissatisfaction with the award, APs may request the LAC to refer the case onward to the court for a decision. • Section 23 refers to the award of compensation for the owners for acquired land is determined at its market value plus 15% in view of the compulsory nature of the acquisition for public purposes, while the Section-28 relates to the determination of compensation values and interest premium for land acquisition. • Section 31 provides that the LAC can, instead of awarding cash compensation in respect of any land, make any arrangement with a person having an interest in such land, including the grant of other lands in exchange. • Section 35 refers to the temporary occupation of arable or waste land subject to the provision of Part VII of the Act. The provincial government may direct the Collector to procure the occupation and use of the same for such term as it shall think fit, not exceeding three years from the commencement of such occupation. • Section 36 provides the information relating to the power to entre and take possession, and compensation on restoration. On the payment of such compensation, or on executing such agreement or on making a reference under Section 35, the Collector may entre upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.

Page | 54 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 6.2 ADB's Policy and Resettlement Principles 177. The policy principles and objectives are discussed below with the key principles. When land other than government owned land is to be acquired then a Land Acquisition and Resettlement Plan (LARP) is required. In cases, where just unused government land needs to be acquired then a LARDDP is required. The Objective of IR Safeguard17 is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring sub-project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-sub-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. 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 (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. 178. The major Policy Principles are briefly discussed as under:

a. Screen the sub-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 a gender analysis, specifically related to resettlement impacts and risks.

b. Carry out meaningful consultations with displaced persons, host communities, and concerned non- government organizations. Inform all displaced persons of their entitlements and resettlement options; and also pay particular attention to the needs of vulnerable groups18, especially those below the poverty line. Specific safeguards cover Indigenous People, including those without statutory title to land, including those having communal rights. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced persons' concerns.

c. Improve, or at least restore, the livelihoods of all displaced persons through (i) land- based resettlement strategies when affected livelihoods are land based, and where it is possible to give cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where these are possible.

d. Provide physically and economically displaced persons, with needed assistance, including the following: (i) 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 sub-project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

e. 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 legal and affordable access to land and resources and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

f. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into

17. Involuntary Resettlement Safeguards (ADB Safeguard Policy statement, 2009). 18These include the landless, the elderly, women and children.

Page | 55 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 negotiated settlements will maintain the same or better income and livelihood status.

g. 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.

h. Prepare a resettlement plan elaborating on displaced persons' entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

i. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before sub-project appraisal, in an accessible place a form and language(s) understandable to displaced persons and other stakeholders. Disclose the resettlement plan and its updates to displaced persons.

j. Conceive and execute involuntary resettlement as part of a development sub-project or program. Include the full costs of resettlement in the presentation of sub-project's costs and benefits. For a sub-project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the sub-project as a stand-alone operation.

k. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout sub-project implementation.

l. 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 the resettlement monitoring.

m. Disclose monitoring reports.

6.3 Comparison of LAA and ADB Policy Principles and Practices 179. The review of land acquisition act and ADB policy principles has been done to identify the differences and gaps between the ADB assessment procedures and the requirements of the government of Pakistan. Comparison of Pakistan's Acts19 and ADB SPS Pakistan Land Acquisition Act (1894) ADB Safeguard Policy Statement (2009)

LAA 1894 • Lack of title should not be a bar to • Only titled landowners or customary rights compensation. Requires equal treatment of holders are recognized for compensation. those without clear land titles (e.g., squatters or other informal settlers) in terms of their entitlements for resettlement assistance and compensation for the loss of non-land assets. • Only registered landowners, • Crop compensation is to be provided sharecroppers and leaseholders are irrespective of the land registration status eligible for compensation of crop losses. of the affected farmers/share croppers. Crops for two seasons Rabi (winter) and

19Telegraph Act,1885 & LAA 1894

Page | 56 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Kharif (summer) for full one year are to be compensated based on existing market rates and average farm produce per unit area. • Tree losses are compensated based on • Tree losses are to be compensated outdated officially fixed rates by the according to market rates based on relevant forest and agriculture productive age or wood volume, depending departments. on tree type. All the removed trees will remain the property of the owner for them to salvage. • Land valuation is based on the median • Land valuation is to be based on current registered land transfer rate over the 3 replacement (market) value with an years prior to Section 4 of the LAA being additional payment of 15%. The valuation invoked.15% compulsory acquisition for the acquired housing land and other charges are paid over and above the assets is the full replacement costs assessed compensation. However, recent keeping in view the fair market values, practice is that prices based on the transaction costs and other applicable average over the last one year prior to payments that may be required. acquisition commencing is applied. • The valuation of structures is based on • The valuation of built-up structures is official rates, with depreciation deducted based on current market value but with from gross value of the structure and also consideration of the cost of new 15% of the value of salvaged materials, construction of the structure, with no deduction for depreciation. The APs can salvage any of their material free of cost and irrespective of compensation payments having been paid. • The decisions regarding land acquisition • Information related to the quantification and and the amounts of compensation to be valuation of land, structures, other paid are published in the official Gazette immovable assets, entitlements and and notified in accessible places so that amounts of compensation and financial the people affected are well informed, assistance are to be disclosed to the displaced persons prior to sub-project appraisal period. This is to ensure that stakeholders are treated in a fair, transparent and efficient manner. • There are no provisions for income and • The ADB policy requires rehabilitation for livelihood rehabilitation measures. There lost income and special AP expenses are also no special allowances for during the relocation process. There are vulnerable displaced persons also provisions to be made for transitional including vulnerable groups such as period costs, and livelihood women headed households. There are no restoration. requirements to assess opportunities for Particular attention must be paid to the poor benefit sharing. and vulnerable groups, including women. A guiding principle is that APs should at least be able to reach a defined minimum livelihood standard. In rural areas, APs should be provided with legal access to replacement land and resources to the defined minimum livelihood level. In urban areas, provision should be made for appropriate income sources and the legal and affordable access to adequate housing.

Page | 57 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

• Prepare and disclose resettlement plans • Resettlement plans are prepared in English (RPs) - there is no law or policy that and disclosed to the displaced peoples in requires preparation of RPs. local language (Urdu).

• Grievance redress is established through • Provide a continuous mechanisms/ set-up the formal land acquisition process at a that are accessible locally and available point in time or through appeals to the throughout sub-project implementation. court. • Only compensation is paid but not • All compensation and allowances to be resettlement allowances, there is no paid prior to physical or economic mechanism to ensure payment is made dislocation. before displacement. • No requirements to prepare and disclose • Prepare and disclose monitoring reports. monitoring reports.

6.4 Reconciliation between Pakistan’s Acts and ADB SPS 180. To reconcile the differences between the LAA (1894) and ADB policy, the FWRDP (EA) has prepared this LARP, ensuring that compensation to be provided at replacement cost basis for all direct and indirect losses, so that no one could be worsen-off because of the sub-project. The provision of subsidies or allowances will also need to be given for affected households (AHs) that may be relocated, suffer business losses, or may be vulnerable. 181. In this context, the following are the ADB Safeguard principles to reconcile the differences: i). the need to screen the sub-project early on in the planning stage ii). carry out meaningful consultations iii). at the minimum restore livelihood levels to what they were before the sub-project, improve the livelihoods of affected vulnerable groups iv). prompt compensation at full replacement cost is to be paid v). provide affected people with adequate assistance vi). ensure that affected people who have no statutory rights to the land that they are working and eligible for resettlement assistance and compensation for the loss of non- land assets; and vii). Disclose all reports.

6.5 Legislation relevant to Land Classification 182. In terms of implementation of this LARP, identifying the type of land affected will be an important step in determining eligibility for compensation for land. Jurisdiction rather than use classifies land. Rural land includes irrigated land and un-irrigated land and is governed by the Land Revenue Act (1967) which must be read in conjunction with the LAA 1894 and other legislation that may apply, including the Colonization of Government Lands Act (1912) and the various Land Reform Regulations. Rural land falls under the jurisdiction of revenue districts. 183. Land, other than rural land, is urban and including all permutations there-under such as residential, commercial, built upon and buildable, and is governed by various regulations and ordinances including the People’s Local Government Ordinance (1972) for each province, Cantonments Act (1924), and Land Control Act (1952). Urban land falls under the jurisdiction of Municipal and Local Government Authorities. 184. While, there are broad definitions of rural and urban land in the People’s Local Government Ordinances, such classifications are not immutable and have been, and are,

Page | 58 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 changed by the Collector of Revenues and provincial governments over time. In general, it is either the People’s Local Government Ordinances or the Land Revenue Act that determines the classification of land, however there are some cases where both applies and other cases where different legislation altogether can indicate jurisdiction and classification over land. Hence there is neither a universal classification nor legislation pertaining to the land that will be potentially affected under the sub-project. 185. Therefore, during the field survey for the preparation of this LARP, the identification of land ownership was done with the assistance of local people/ village elders/ Patwari.

Page | 59 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 7 ENTITLEMENTS, ASSISTANCE AND BENEFITS

7.1 GENERAL 186. This section defines affected persons’ entitlements and eligibility, and describes all resettlement assistance measures in terms of an entitlement matrix; identify and document the households who will be eligible for transitional livelihood support; specifies all assistance to vulnerable groups, including women, and other special groups; and outlines opportunities for APs to derive appropriate development benefits from the project. 187. LAR tasks under the Project will be implemented according to a compensation eligibility and entitlements framework in line with Pakistan’s law/ regulations applicable in FATA and ADB Policy. FCR 1901 and ADB safeguard policy (2009) will protect the interests of APs, if there is any contradiction in policy and law, ADB’s policy will prevail.

7.2 COMPENSATION ELIGIBILITY 188. Since land management system and records describing shares of each clan, sub clan or family members are neither maintained nor available in the Tribal areas; land resource is considered as joint property of the clan (in case of communal land) and the tribal elder (malik of clan or lineages) is responsible for equitable distribution of resources owned. The following principles will be followed as per local customs.

✓ APs losing the use of structures and utilities, including titled and non-titled owners, registered and unregistered.

✓ APs losing business, income and salaries of workers or a person or business suffering temporary effects, such as disturbance to land, and business operations both permanently and also temporarily during construction.

✓ Loss of communal property, lands, and public infrastructure.

✓ Vulnerable affected persons identified through the social impact assessment.

✓ In the event of relocation, all entitled APs will receive transitional and other support to re-establish shelter and livelihoods.

7.3 CUT-OFF DATE 189. Compensation eligibility will be limited by a cut-off date which could either be the start or completion date of census of impacts. For preparation of this LARP socioeconomic baseline survey and census survey of APs (including titled and squatters) was completed in December, 2019 and accordingly the cut-off date determined is 31 January 2020. Any person who occupies the project area after the cut-off-date will not be eligible for compensation. However, he will be given sufficient time (30 days) to remove his belongings from the project area.

7.4 COMPENSATION ENTITLEMENTS 190. Of the total 19.15 acres’ land About 3.37 acres of agricultural land has been compensated (For detail refer previous section). Land as well as the income and livelihood losses has been compensated as per provisions of the ADB’s Policy and LAR requirements outlined below. 191. As per LARP provisions, replacement value is the basic principle guiding the allocation of entitlements, i.e. the compensation packages provided for lost assets and income will be fair enough to replace in kind or cash what is lost in terms of land, structures,

Page | 60 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 livelihood, community facilities and services, with special provisions for the improvement of livelihoods of vulnerable APs. The LARP is prepared based on full census of affected assets linked with affected persons as of design and LARP entitlements are proposed accordingly. However, unanticipated impacts (if any) identified later will be compensated on full replacement cost following LARP entitlement provisions in entirety. 192. Entitlement provisions for APs losing land, houses, and income losses and rehabilitation subsidies will include provisions for permanent and temporary land losses, house and buildings losses and trees losses, a relocation subsidy, and a business losses allowance based on their average income as per Census survey and/or lump sums. These entitlements are detailed below: 7.5 Loss of Source of Income 193. There will be no any person having loss of complete livelihood or any business due to project. 7.6 ENTITLEMENT MATRIX 194. Based on the eligibility criteria described above, the entitlement matrix for LARP Magoo Dand sub-project has been developed in Table 7.1 below. Consultation/negotiation between the APs and the government for acquisition of land about 3.37 acres has been held Therefore, based on the previous lease agreement, cost of this land has been calculated. Table 7.1: Entitlement Matrix Asset Specification Affected Compensation Entitlements People

Agricultural Landowners of 3.37 5 Cash Compensation @ Rs 10,00,000 per land acres (6.82 Jarib) of Jarib as agreed between PIU and agricultural land and landowners through private negotiations. a bore hole in Rs. 250,000/ agreed as cost of bore hole reservoir area through private negotiation. Other land Community owned 11 14.3 acres land in reservoir area and 1.48 (Voluntarily acres outside reservoir area voluntarily Donated) donated livelihood loss No Livelihood - Cash compensation equal to 6 months’ Losses due to loss income on production of some valid of their partial documentary proof or equal to government agriculture land announced minimum wage rate i.e. Rs. 15,000/month x 6 months (if without documentation). ▪ Plus, rental assistance (6 months period) either at the rate of rent being paid on production of rent payment receipt or on lump sum @ rate of Rs. 8,000/month for business owners renting/leasing the structure. ▪ Advance-notice (minimum 1 month) to re- establish business on replacement place before dismantling the existing to avoid interruption in facility and business.

Unanticipate May be identified - ▪ Unanticipated impacts if identified at d Impacts during during implementation of the project will implementation follow the requirements of the resettlement framework of this project and ADB SPS, 2009.

Page | 61 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 8 RESETTLEMENT BUDGET

8.1 GENERAL 195. This section provides the compensation cost for land acquisition, (if any) building structures and rehabilitation of the affected. For this purpose, concerned Government Khyber District Departments I.e. Building Sub-Division official, Forest Department Khyber District, Revenue Department were involved. Efforts were made to determine realistic but current market-based costs for compensation to the APs on replacement cost basis for affected private land with other assets. For this reason, local Jirga authorities & concerned government departments were consulted, and rates were negotiated with landowners and agreed upon and paid as signed agreed and signed between landowners and P&D and Irrigation department.

8.2 COMPONENTS OF THE COST ESTIMATES 196. All the land acquired and land-based assets/structures falling in the right of way have been identified and listed. In case, the affected part of the building structure is substantial and becomes of no use to the owner, would be compensated fully. In addition to this, resettlement and rehabilitation costs for the affected and costs of communal and private assets have been estimated.

8.3 Land Acquisition Costs 197. An amount of Rs 7,080,000.00 for 3.37 acres or 6.83 Jarib (@ Rs 10,00,000.00 per Jarib was negotiated with landowners and paid out fully already. Rs. 250,000 have also been paid as negotiated for a bore hole on the agricultural land.

8.4 Crop Compensation Cost 198. There is no crop compensation will be required, as there is no crop at the time of cut of date (Section 4)

8.5 Lost Income/Livelihood Allowance 199. According to the census survey, no loss of livelihood will be affected, as the land affected is the partial land of the respective owners

8.6 Monitoring and Evaluation 200. Monitoring and evaluation of the LARP implementation process is required for fair compensation. The monitoring is carried out by Design and Construction Supervision consultants under the supervision of PMU social safeguards teams and in coordination with the concerned district departments. An oversight is provided by a Community and Social Safeguards Specialist under ADB financed technical assistance (TA 9343-PAK) for third party monitoring of the project.

8.7 Administration Cost 201. Because of very limited land acquisition (only 3.37 Acres) no Administration cost for the implementation of LARP is required.

8.8 Taxes 202. Federal or provincial taxes are not applicable on any item included in compensatory package

Page | 62 FATA Water Resources Development Project (FWRDP), Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 8.9 LARP IMPLEMENTATION BUDGET ESTIMATES 203. The agreed compensation amount of Pak Rs. 7,080,000.00 as agreed in negotiation meetings by APs has been provided to all final landowners. The detail of APs and amount is annexed (Annexure VIII).

Page | 63 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 9 INSTITUTIONAL ARRANGEMENTS

9.1 District Administration 204. The tribal nature of the project area calls for arrangements specific to the tribal areas. In the Tribal traditions, not only does the District Administration bear the responsibility for general law & order situation in the area, they are well-versed with the tribal systems under their control and thereby are able to play a pivotal coordination role between the project executants and the local Jirga. It necessitates the involvement of the local Administration at all levels of the project cycle including preparation, implementation, conflict resolution and monitoring. Based on project locus in Tribal belt, the LAR and Implementation affairs could only be dealt with direct involvement of the Office of the District Administration, Khyber District and Office of the Assistant Commissioner Jamrud. Hence, the Khyber District Administration will provide coordination support as facilitator at the PMU level while the Assistant Commissioner Jamrud Tehsil will perform the necessary functions at sub PMU and PIU level to facilitate the project executors during land acquisition, LARP preparation, implementation and monitoring as well as resolution of grievances if any. These arrangements will be managed by a series of project-specific coordination committees including the Project Implementation Committee at PMU Level, Land Acquisition and Resettlement Coordination Committee and Grievance Redress Committees at the sub PMU/PIU level. The institutional arrangements proposed/required for effective delivery on safeguards management is discussed in sections below.

9.2 Project Management Units 205. For implementation of the FWRD Project, a Project Management Unit (PMU) is constituted in the FWRDP to supervise over all implementation progress and ensure timely deliverables and on time project completion. The PMU at FWRDP is be headed by a Project Director having full financial and administrative powers with technical, financial and safeguards management staff. 206. The overall responsibility for delivery on safeguards management is the CSC. The existing capacity of institutional arrangement available and to be put in place for delivery on safeguards management and preparation, implementation and monitoring of Land Acquisition and Resettlement Plans are discussed as under:

9.3 Safeguards Management Cell at PMU 207. As the CSC is being over all responsible for the delivery on safeguards management, CSC will monitor and supervise the contractor activities and develop report to ADB. CSC Environmental and Social Safeguards Specialist has notified to oversee and monitor Land acquisition and Resettlement Progress and coordinate ADB safeguards management team throughout project implementation period. The Safeguards Management Unit at PMU includes: ▪ District Project Manager, FWRP PIU Khyber Chairperson ▪ Representative from District Administration, Khyber Member ▪ Village Elder Member ▪ Village Elder Member ▪ Resettlement Officer/SDO, PMU-FWRDP Member

Page | 64 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 208. On behalf of EA, the unit shall oversee planning and implementation of the safeguards management and ensure the LAR deliverables are submitted to ADB in a timely manner. It shall perform following functions. i) The unit shall act as a steering body for the LAR activities at the project and shall formally assemble once a month for routine LAR matters to review LAR planning and implementation issues. Special meeting/routine discussions can take place, as and when required. ii) It shall coordinate with ADB and share LAR planning, implementation and monitoring progress reports as and when required and discuss the LAR issues to seek guidance on ADB’s policy requirements and ensure the LAR planning and implementation is consistent with ADB’s safeguards requirements. iii) It shall ensure timely implementation of LAR activities and monitor the progress thereon during execution of the civil works and shall share LAR implementation progress and monitoring reports with ADB. iv) The unit shall coordinate on regular basis with the Land Acquisition and Resettlement Units, Grievance Redress Committee and local Jirga established / notified at PIU level to provide guidance and support in LAR implementation and grievances redress in a manner consistent with ADB’s safeguards requirements.

9.4 Grievance Redress Committee 209. A three-tiered GRM is proposed for handling and resolution of land and non-land based grievances arising due to acquisition of land and other assets as well as during execution of the project civil works under ADB policy principals outlined in SPS 2009. The first level of grievance redress mechanism at PIU level will be achieved by the Jirga comprising of members from both local community and the project implementing authorities. However, keeping in view the legal and administrative framework of the project area, a Grievance Redress Committee is being constituted as under to handle all safeguards related grievances including land acquisition matters: This has already been discussed in Chapter 5 in detail.

9.5 Jirga/CO (Council of Local Leaders) 210. FWRDP adopts a community-based development approach, under which dwellers of the villages/tribes organize and form their representative body known as Community Organization or Jirga. As per tradition of the tribal system, members of the Jirga are the Heads of tribes/clans, who are fully authorized and supported by the local community to take any decision or can make any agreement on behalf of the tribes/clans. The CO will participate in the planning, implementation and monitoring of all land related activities, such as in the process of VLD or negotiation settlement in a consultative role. In addition, the Community Organizations/Jirgas’ will help the Project staff in social activities including preparation of inventories and valuation of assets, assessment of any damage, payment of compensation and in grievance redress mechanism. 211. A traditional council of village elder’s (Jirga)/CO has already been constituted with the direct guidance of the Local Administration for Magoo Dand subproject. The Jirga will act as coordination node between the project executing authorities and the affected persons for coordination and information dissemination to keep them informed about day to day development on the project, particularly about the LARP implementation and grievance resolution progress. The Jirga will act as first level for

Page | 65 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 redress of grievances and will provide a platform for APs to raise and discuss their concerns, resolve petty issues at local level with assistance from sub PMU, and coordinate with project executors to implement the LARP provisions, recommendations of the Jirga and GRC to address community concerns regarding social issues.

9.6 Construction Supervision Consultants (CSC) (i) Detailed measurement of affected assets, updating of the list of affected persons as per final impacts (land and other assets) and updating of the LARP budget based on compensation entitlements for lost assets and resettlement and rehabilitation and livelihood restoration measures. (ii) Updating of draft LARP as final implementation ready LARP and disclosure of LARP provisions to the affected communities and other stakeholders.

(iii) Sharing draft LARP with PMU for EA’s endorsement before submitting to ADB for review and clearance. (iv) Coordination with the affected communities for submission of compensation claims and collection of their compensation (v) Preparation and processing of compensation claims as per LARP provisions (vi) Stakeholders consultations and information dissemination on project implementation and compensation delivery (vii) Monitoring of day to day LARP implementation, identifications of implementation lags and issues, suggests corrective measure to update implementation plan for overcoming the lagging components in LARP implementation (viii) Preparation of LARP implementation progress (monthly) reports for review of PIU and PMU as well as periodic internal monitoring reports to be shared with ADB for review, concurrence and uploading on ADB and FWRDP websites. (ix) Review and certify that the implementation agency executing the Land Acquisition and Resettlement components as approved by ADB and with the entire satisfaction of the affected persons. (x) Supervise LARP implementation process for the effective operation and ensure that it confirms the implementation program is consistent with client’s requirements. (xi) Conduct regular visits to the affected communities and GRCs, assess whether any grievances developed during implementation and help resolve grievances. (xii) Review and certify work program of the implementation agency related to resettlement issues.

(xiii) Review and endorse interim payment certificates for Implementing Agency’s approval.

Page | 66 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 10 MONITORING AND REPORTING

10.1 Need for Monitoring and Reporting 212. Periodic monitoring provides a regular assessment of planned activities providing an update of achievements against targets. Within the scope of involuntary resettlement, monitoring and reporting are critical activities that help in assessment of implementation progress, rescheduling of key activities, and early identification of hurdles to targeted delivery and, most importantly timely resolution of problems faced by the APs. The monitoring mechanism LARP will have both internal monitoring (IM) and external monitoring (EM) components. Internally, the LARP implementation for the subproject will be closely monitored (internal monitoring) by the EA through the PMU and the Resettlement Specialist mobilized through the CSC. An independent external monitoring agency will be hired as an external monitor. The IM and EM are required to. ▪ Establish and maintain procedures to monitor the progress of the implementation of safeguard plans; ▪ Verify their compliance with safeguard measures and their progress toward intended outcomes; ▪ Document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports; ▪ Follow-up on these actions to ensure progress toward the desired outcomes; ▪ Retain qualified and experienced external experts to verify monitoring information for projects with significant impacts and risks; and ▪ Submit periodic monitoring reports (monthly, quarterly and annually) on safeguard measures as agreed with the ADB.

10.2 DISCLOSURE 213. All monitoring reports will be translated and disclosed as per ADB’s SPS and public communications policy requirements, i.e. by posting at ADB website as well as to affected persons by placing its copies at an accessible place in a manner and language understandable to affected persons.

Page | 67 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Figure 10.1:Pictures of consultation with community

Public Consultation Public Consultation

Public Consultation Conducting Social Assessment

Page | 68 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020

Signing of Agreement and TOP Signing of Agreement and TOP

Signing of Agreement and TOP Site Visit

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Site Visit Meeting with Community chaired by AC Bara 1

Site Visit Site Visit

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ANNEXURES

Annex I. Questionnaire

Environmental Social and Resettlement Studies

FATA Water Resource Development Project(FWRDP)

Name of the Sub-Project Name of the Interviewer Date

SOCIO-ECONOMIC SURVEY

Q.1 Details of the Respondent:

Name CNIC No Contact No

Q.2 Father’s Name: ______

Q.3 Caste: ______

Q.4 Age (years): ______

Q.5 Education: ______

Q.6 Languages Spoken______

Q.7 Village: ______

Q.8 Union Council: ______

Q.8 District: ______

Page | 71 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Q.9 Marital Status: ______

Q.10 Total No. of Dependents: ______

Q.11 Age Group and Education Level of Dependents:

Age Group Male Education Female Education

1-4

5-9

10-19

20-39

40-59

60+

Q.12 Occupancy Status & Sources of Income: ______

Q.13 Housing Condition: ______

Q.14 Toilet Facilities: Flush/Open/ Field ______

Q.15 Electric Facilities: ______

Q.16 Source of Drinking Water: Public/ Private/ Others ______

Q.17 Monthly Income from all Sources ______

Q.18 Monthly Expenditure ______

Q.19 Livestock (Type & No.) ______

Q.20 Do you have any Land? Yes/ No ______

Q.21 Type of Land: Irrigated/ Un-irrigated/ Barani ______

Q.22 If irrigated, then source of irrigation: ______

Q.23 Land use: Agricultural/ commercial /residential ______

Q.24 Total trees present in land ______

Q 25 Type of Trees with numbers ______

Q.26 Major Crops: ______

Q.27 During the last one year, did you borrow money? ______

Q.28 Do you know about the subject Project? Yes/ No ______

Q.29 In your opinion, should this Project be implemented at the proposed location? Yes/ No______

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Reasons: -

Q.30 In your opinion, what will be the possible impacts of this subproject on the locals?

Q.31 What protective/remedial measures do you suggest to safeguard your interests?

Q. 32 Is respondent a vulnerable person? (Yes/No) ______

Capability of the respondent:

High Medium Low

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Annex II. Negotiated Purchase of Land (Agreement) from 5 Landowners

“Removed in accordance with para. 17 of ADB's access to Information Policy (2018)"

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Annex III. Receipt of Payment Disbursement

“Removed in accordance with para. 17 of ADB's access to Information Policy (2018)"

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Annex IV. Terms of Partnership of Voluntary Land Donation by Community Members (list attached on Judicial Paper of Urdu TOP)

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Page | 77 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Annex IV: English Translation of TOP on Voluntary Land Donation

This Terms of Partnership is signed by the following parties concerned.

1. Jirga (CO)/Village Organization (VO) for Irrigation. 2. P&D Department, FATA Secretariat, Peshawar (FATA Water Resource Development Project). 3. Irrigation Department, FATA Secretariat. ✓ Name of Village Organization (VO)/Jirga (CO): ______

Name of Sub-Project: ______Village: ______

Tehsil: ______Watershed: ______

TERMS OF AGGREMENT

The above-mentioned sub-project is proposed for the sustainable & long-term achievement of the project’s objectives. Design and cost estimate of the sub-project will be prepared by P & D Department, FATA Secretariat, Peshawar, and FATA Water Resource Development Project.

The sub-project will be completed on the bases of following terms & conditions.

Responsibilities of P&D Department, FATA Secretariat.

1. Timely disbursement of allocated funds. 2. Provision of Technical assistance during the execution of sub-project. 3. Supervision of construction phases of sub-project. 4. With consultation of irrigation department, (FATA), P&D department is authorized for the distribution of water from the completed dam according to the predetermined schedule (Wara Bandi). 5. Agriculture Department FATA will provide technical support & guidance regarding crops and orchards to the farmers of sub-project. 6. Experts (consultants) will supervise the on-going activities during the construction of sub-project for timely remedial measures, if required. 7. P&D department will be responsible for the watershed management, forestation and other related schemes in the catchment area of dam.

Responsibilities of Jirga (CO)/Village Organization

1. Jirga & village organization will contribute voluntarily their agreed share of land to the subproject. 2. In the case of Tribal/Communal/National land, concerned departments will estimate the cost of trees and other assets.20 3. All the water and land resources of sub-project will be considered as the property/assets of Government. 4. During the construction of sub-project, all the relevant information and details will be recorded by Jirga (CO) as and when instructed by the project organizers. Furthermore, Jirga (CO) will also be responsible to protect the sub-project from any loss except natural disasters & technical issues. 5. Issues and disputes (if any) during the execution of the work will be settled down with mutual consensus and understanding.

20 The land measures 15.78 acres

Page | 78 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 6. Sub-project will be collectively beneficial for the concerned area and will not be considered as a property of an individual/ group/ family. 7. Elders of Jirga (CO) will provide all possible support to the staff of P&D department FATA and FWRDP. 8. FWRDP is responsible for the construction of watercourse for irrigation, but the CO will ensure the care of the sub-project on daily basis. 9. CO ensures; that livelihoods & income resources are not affected due to the voluntarily donated land 10. And No one is evicted from the donated land. 11. Women headed households and other vulnerable persons of the area are not affected due the subproject intervention and their safety will also be considered in future as well. 12. Encroachers and squatters do not exist on the allocated land. 13. The land which is containing ______Kanal is barren and unproductive and is not affecting livelihood of any individual.

Responsibilities of Irrigation Department, FATA Secretariat:

1. Irrigation department FATA is responsible for the construction of irrigation system. 2. Supervision & quality control of the work during the construction will be the responsibility of concerned Irrigation department and suggestion as well as supervision of the concerned Jirga (CO) should also be ensured. 3. Operation & Maintenance of the dam/reservoir/pond will be the responsibility of the concerned Irrigation department FATA. 4. Priority must be given to the locals in employment during the construction phase of the subproject. 5. Concerned Irrigation department must visit the sub-project at least four times in a year (i.e. quarterly) and with consensus of the concerned CO, measures must be taken for the betterment of system. 6. Irrigation department FATA will issue a “completion certificate” at the completion of the subproject. 7. According to this Term of Partnership (ToP), an appointed official of FWRDP and P&D department will follow all the clauses.

The parties who signed the Urdu TOP are:

This agreement is made with the consensus of the following parties.

1. Signature of the General Secretary of the CO. ______2. Signature of the General Secretary of the VO. ______3. Stamp & signature of Executive Engineer of Irrigation Department. ______

Signed & Stamped by Concerned Political Tehsildar. ______

Counter Signed & stamped by Concerned Assistant Political Agent. ______

Counter Signed & stamped by Concerned Political Agent. ______

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Annex V. SELECTION CRITERIA FOR SUB-PROJECTS

(i) The communities agree to voluntarily provide land for both constructions of the storage facility, the inundation area, channel, and any appurtenant structures as their contribution to the project. (ii) The communities are willing to take ownership for operation and maintenance of weirs, channels and on farm facilities from their own resources. (iii) Subprojects should be free of conflict with regard to land and water rights. (iv) Subprojects requiring major involuntary resettlement will not be selected. (v) Subprojects must meet all social and environmental safeguards requirements of ADB. (vi) Subproject area should not have major security concerns. (vii) The community organizations must ensure equity. Subprojects must benefit all potential farmers and not just those located at the head reach of channels. (viii) Land ownership of one farmer should not exceed 25% of the total command area under the subproject. (ix) Subprojects should not affect water supplies (ground and surface) currently exploited for domestic or other uses. (x) Small reservoirs and ponds should be sited to minimize conveyance and evaporation losses. (xi) Small reservoirs must be developed with international best practices for safety and should not increase flood risk to local communities. (xii) Maximum height of a dam will not exceed 15 meters. (xiii) Subprojects will be assessed for technical and economic viability before approval. (xiv) Subprojects identified only by the water assessment study conducted under FRDP will be considered. (xv) Duplication with other interventions in the project area will be avoided. (xvi) Minimum 75% of proposed command area should have soils suitable for agriculture.

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Annex VI. Involuntary Resettlement and Indigenous People Checklists. (Involuntary Resettlement Checklist)

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Page | 82 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Indigenous People Categorization Checklist

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Page | 84 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Annex VII. Notification of Committee

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Annex VIII. INVENTORY OF LOSSES AND APs (of Cultivable Land) WITH COMPENSATION AMOUNT AGREED THROUGH PRIVATE NEGOTIATIONS

“Removed in accordance with para. 17 of ADB's access to Information Policy (2018)"

Page | 86 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Annex IX. Twenty-fifth Amendment of the Constitution of Pakistan 21

The Twenty-fifth Amendment of the Constitution of Pakistan, officially known as the Constitution (Twenty-fifth Amendment) Act, 2018 (formerly Constitution (Thirty-first Amendment) Act, 2018), was passed by the Parliament of Pakistan and the Khyber Pakhtunkhwa Assembly in May 2018. Under the amendment, the Federally Administered Tribal Areas (FATA) are to be merged with the province of Khyber Pakhtunkhwa (KP).

The Constitution (Twenty-fifth Amendment) Act, 2018, seeks to amend Article 1 of the Constitution, where the country's territory is defined and FATA is mentioned as a territory separate from the other four provinces. It also amends Articles 51 and 59, which concern the allocation of seats in national and provincial assemblies for each of the federating administrative units. Articles 106, 155, and 246 are amended by the act, and 247 is repealed

The amendment effectively abolishes the Frontier Crimes Regulation (FCR). A US$865 million package will be allocated to a 10-year plan aimed at the rehabilitation and reconstruction of infrastructure in the tribal areas alongside changes to the constitution.

The amendment will reduce the Senate from 104 to 96 members, and the National Assembly from 342 to 336 members. The Khyber Pakhtunkhwa Assembly will have 145 seats (115 general, 26 reserved for women, and 4 reserved for minorities); FATA will have 21 seats within the KP Assembly (16 general, 4 reserved for women, and 1 reserved for non-Muslims). The incumbent senators for FATA will be allowed to complete their six-year terms. After they have all retired by 2024, there will be no separate representation of FATA within the Senate

The amendment was passed in the National Assembly on May 24th, 2018, with a 229-1 vote in favour. Jamiat Ulema-e Islam (F) (JUI-F) and Pakhtunkhwa Milli Awami Party (PkMAP) lawmakers walked out from the assembly before the vote. Dawar Kundi of Pakistan Tehreek-e-Insaf (PTI) was the sole dissenting voter. During the session, Imran Khan, the chief of PTI, addressed the house, congratulating parliament on uniting despite party differences and bringing up rigging, money laundering, and the Panama Papers. Prime Minister Shahid Khaqan Abbasi spoke afterwards, criticizing Khan for bring up unrelated issues in his speech

On May 25th, 2018, the amendment was passed by the Senate with a 71-5 vote in favor. The five voters against were members of the Pakhtunkhwa Milli Awami Party. A walkout staged by members of the party was held

Since Article 239(4) of the Constitution requires constitutional amendments affecting geographic boundaries to be approved by the assembly of the affected province, the bill for the Thirty-first Amendment must be passed by the KP assembly with a two-thirds vote before its term expiry on May 28th, 2018. On 27 May 2018, Thirty-first Amendment to the Constitution of Pakistan was passed with majority in the Khyber Pakhtunkhwa Assembly. Total of 83 votes was needed for the bill to be approved. The vote was 87 in favour of the amendment for the FATA/K-P merger.

21 21 Khan, Javed Aziz; Mahmood, Nisar (2018-05-28). "Fata-KP merger finalised". Pakistan. Retrieved 2018-05-28. Hashim, Asad (2018-05-24). "Pakistan parliament passes landmark tribal areas reform" Jamal, Umair (2018-05-30). "Understanding the Realpolitik Behind Pakistan's FATA-KP Provincial Merger Chaudhry, Arshad Waheed (2018-05-15). "Govt to get 30th Amendment approved before NA term ends Guramani, Nadir (2018-01-12). "Bill extending PHC, SC jurisdiction to Fata passed by National Assembly Hussain, Danish; Ghauri, Irfan (2018-05-25). "Senate passes FATA-KP merger bill ". The Express Tribune.

Page | 87 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Annex X. Historical Background of FATA Region

The areas that today make up FATA were once part of the battleground, on which the great game of imperial domination was played in the 19th century. For the British colonial administrators of India, effective control of the region was important for the defense of their Indian possessions, serving as a safeguard against Russian expansionism in Central Asia. It proved difficult, however, for the colonial government to establish its writ in the tribal areas.

Colonial administrators oversaw but never fully controlled the region, through a combination of British- appointed agents and local tribal elders. The tribal people were free to govern internal affairs according to their tribal codes, while the colonial administration held authority over all matters related to the security of British India in the administered areas.

Although, various tribes cooperated with the British in return for financial incentives, this arrangement was never completely successful. Throughout the latter half of the 19th century, British troops were involved in repeated battles with various tribes in the area. Between 1871 and 1876, the colonial administration imposed a series of laws, such as the Frontier Crimes Regulations (FCR). These regulations prescribed special procedures for the tribal areas, distinct from the criminal and civil laws that were in force elsewhere in British India. These regulations, based on the idea of ‘collective territorial responsibility’, provided for dispute resolution to take place through a jirga (council of elders). However, this arrangement also proved to be ineffective to control the region

The British in 1901 issued a new ‘Frontier Crimes Regulation’ that expanded the scope of earlier regulations and awarded wide powers, including judicial authority to administrative officials. In the same year, a new administrative unit, then North-West Frontier Province was created by carving out parts of then Punjab province and adding certain tribal territories to it. The province, as it was constituted at the time, included five settled districts (Bannu, Dera Ismail Khan, Hazara, Kohat and Peshawar), and five tribal agencies (Dir-Swat-Chitral, Khyber, Kurram, North Waziristan and South Waziristan), and was placed under the administrative authority of a chief commissioner reporting to the Governor General of India (Hunter et al., 1840-1900)

The institution of the Political Agent was created at this time. Each agency was administered by a Political Agent who was vested with wide powers and provided funds to secure the loyalties of influential elements in the area. It was also during this period that the Maliki system was developed, to allow the colonial administration to exercise control over the tribes. Under this system, local chiefs (maliks) were designated as intermediaries between the members of individual tribes and the colonial authorities, and also assisted in the implementation of government policies.

Despite these efforts, supported by repeated military campaigns, the colonial administration retained, what was at best, a weak hold on the area until the British quit India in 1947. Soon after Independence, the various tribes in the region entered into an agreement with the Government of Pakistan, pledging allegiance to the newly created state. Some 30 instruments of agreement were subsequently signed, strengthening this arrangement. Mohmand Agency was included in FATA in 1951, and Bajaur and Orakzai in 1973.

The agreement, signed at the time of independence, did not include political autonomy of the tribes. The instruments of agreement, signed in 1948, granted the tribal areas a special administrative status. Except where strategic considerations dictated, the tribal areas were allowed to retain their semi- autonomous status, exercising administrative authority based on tribal codes and traditional institutions. This unique system was crystallized in Pakistan’s Constitution of 1973.

Page | 88 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Annex XI. Role of Jirga in tribal system 1. Jirga ✓ 1. A Pashto term for a decision-making assembly of male elders; "most criminal cases are handled by a tribal Jirga rather than by laws or police"

2. Jirga system among Pashtuns represents a formal traditional institution of Justice, which is practiced in Pashtun society from the time immemorial. According to the Pashto Descriptive Dictionary Jirga is an original Pashto word, which in its common usage refers to the gathering of a few, or a large number of people. The roots of Jirga systems have been traced back to the Athenian democracy while some scholars argue that the Pashtuns are practicing Jirga even before the Athenian times.

2. Proceedings of Jirga system ✓ 3. The proceedings of Jirga are carried out in a Mosque, Hujra “Guest House” or under the shade of a huge tree. There is no governing officer neither hierarchal position in a Jirga. The Jirga system is conducted in two ways. In case of family or individual disputes the concerned parties themselves appeal to Jirga while the Jirga assembles on its own and take Suo Moto action in case of any serious threat to the tribe or under grave social problems. In the latter case the Jirga is organized by volunteers called “Khadims” who perform the role of messengers announcing the date, timings and venue in all the villages of the tribe and also provide necessary arrangements for conducting Jirga. Jirga members usually gather in form of a huge circle resembling round table conference giving the message that no one is superior in the eyes of Pashtunwali “legal code of Pashtuns”.

4. There is no systemized mechanism or basic criteria for the selection of Jirga Judiciary Council. Mostly noble elders of the tribe called “SpeenGirey” (White beard men) are chosen for this purpose who have known repute for their honesty, wisdom and a firm understanding and knowledge of Pashtunwali and Sharia. However, in case of grand Jirga the leaders of different clans are the members of Jirga Judiciary Council. The number of council members is not fixed and varies with the importance, sensitivity and type of dispute but mostly comprises from two to ten members. Any member of the Jirga council who do not practice Pashtunwali in his daily life is usually excluded from the Jirga Council.

5. The operation of Jirga is carried out in a democratic way. Both the parties are given time to present their case and there is no discrimination made on any basis. The Jirga operation in minor cases is carried out for a day or two while in major cases it may take as long as nine to ten days. During the functioning of Jirga maximum participation from both the parties and the members of judicial council is highly encouraged. This aids in understanding the nature of problem more effectively and providing possibilities for negotiations between the two parties. The crowd is not allowed to participate or interfere in the proceedings of Jirga. Decency, smoothness of the trial, and decorum of the Jirga is highly ensured during the whole process.

6. After hearing both the parties and in the light of witnesses the Jirga officially announces its decision. The decisions in based on Sharia, Pashtunwali, local traditions and fair play. Every possible effort is made to reach a fair and pragmatic solution to the problem. Wealth, Social status and political power of any party do not influence the decision of Jirga in any case. In case of very sensitive matters like murder, abduction etc a Quranic oath is taken which is necessary to prove one’s innocence, as religion is the highest authority in Pashtun society. The decision is based on the consensus of majority members of the Jirga council. The Jirga members ask the related parties before it announces its verdict to the public. The decision of Jirga becomes an obligation and both the parties have to respect the Jirga decision.

Page | 89 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 7. The Jirga system does not take the right from either party of appealing against the decision of Jirga council. The unsatisfied party can appeal on the basis of precedents and rules called “Narkh” and have the right to reject the decision of Jirga Council. The Jirga council may face difficulty in revising its decision in case when different tribes have different Narkhs on the same issue. In that case the appealing party can call for another Jirga gathering the decision of which is considered final.

8. The Pashtun Jirga exclusively enjoys the role of Judiciary, Executive and Legislature. In case if any party fails to respect the decision of Jirga called “MakhArawal” meaning “turning of face”, than the Jirga council has the right to impose its judgment by any means. Sanctions are imposed on the rebellious party which may range from imposition of heavy fines, confiscation of weapons and ex-communication with non-complying party depending upon the seriousness of matter. If still the party refuses to follow the decision of Jirga than the Jirga has the right to burn down the house of non-complying party by sending Lashkar ‘The tribal Army”. Also in disobeying the decision of Jirga, the dissident party may lose the protection right ensured by the Jirga and may be killed by his opponents.

9. In absence of Government Judicial system in tribal areas, Jirga system provides the communities with an effective way of attaining speedy justice. Moreover it enriches the very basic foundations of Pashtun culture and tradition by ensuring the maintenance of peace and justice in Pashtun society. It provides protection to the poor and weak from being oppressed by the rich and strong. Even when many progressed societies still lack an affective judicial system, the Pashtun Jirga system has been quite successful in dispensing justice. It adheres to the principles of equality and fairness for all, an accomplishment many judicial systems are still struggling to achieve.

Page | 90 FATA Water Resources Development Project, Updated Land Acquisition and Resettlement Plan of Magoo Dand Dam, July 2020 Annex XII. List of landowners who donated land and sold the land

“Removed in accordance with para. 17 of ADB's access to Information Policy (2018)"

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