Resettlement Plan

Document: Resettlement Plan Document Stage: Final Project Number: 42248-013 Date: October 2014

BAN: Second Chittagong Hill Tracts Rural Development Project- Betbunia Chairy Bazar- Laxmichari Road via Barmachari District: Rangamati

Prepared by Local Government Engineering Department for the People’s Republic of Bangladesh and the Asian Development Bank.

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. 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. {frEg1c11.flYtf rrqmuBm-qmlr

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el-CHITTAGONG HILL TRACTS RURAL DEVELOPMENT PROJECT (CHTRDP-II) (LOAN NO. 2763-BAN, PROJECT NO. 42248-013)

LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) FOR BETBUNIA CHAIRY BAZAR-LAXMICHARI ROAD VIA BARMACHARI (Subproject ID: 484252005) Upazila: Kawkhali, District: Rangamati

Prepared BY Project Management Office (PMO), With Assistance from Taungya Kallyanpur, Rangamati

August 6, 2014

1 ACRONYMS

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

2 NGO : Non-Government Organization OPD : Office of the Project Director PCJSS : Parbattya Chattagram Jana Sanghanti Samity PD : Project Director PDC : Para Development Committee PIC : Project Implementation Consultants PMO : Project Management Office PVAT : Property Valuation Assessment Team PVM : Participatory Village Mapping PVS : Property Valuation Survey RAC : Resettlement Advisory Committee RCG : Re-Construction Grant RF : Reserved Forest R-NGO : Resettlement NGO RoW : Right-Of-Way SAP : Severely Affected Person SDG : Social Development Grant SES : Socio-economic Survey SPS : Safeguards Policy Statement (ADB 2009) SQMC : Safeguards and Quality Monitoring Cell TVS : Tree Valuation Survey

3 Table of Contents

I. CHITTAGONG HILL TRACTS RURAL DEVELOPMENT PROJECT II (CHTRDP II) PROJECT DESCRIPTION..6 • INSTITUTIONAL DEVELOPMENT AND PROJECT MANAGEMENT...... 6 • RURAL ROADS...... 6 • COMMUNITY INFRASTRUCTURE...... 6 • MICRO-AGRIBUSINESS DEVELOPMENT...... 6 • PROJECT MANAGEMENT...... 6 II. SUB-PROJECT DESCRIPTION.8 III: SCOPE OF LAND ACQUISITION AND RESETTLEMENT.16 A. DATA COLLECTION METHODOLOGY...... 16 B. ESTIMATED SCOPE OF LAR IMPACTS...... 16 IV: SOCIO-ECONOMIC SURVEY (PROFILES OF THE AFFECTED PERSONS).26 V. RESETTLEMENT POLICY FRAMEWORK..29 A. CHT LAND ADMINISTRATION FRAMEWORK...... 29 B. ADBS INVOLUNTARY RESETTLEMENT POLICY...... 30 C. CHTRDP-IIS LAR POLICY...... 32 D. OBJECTIVES OF THE LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)....... 33 E. LAR ENTITLEMENTS...... .33 VI. COMMUNITY CONSULTATION AND PARTICIPATION.43 A. CONSULTATION AND STAKEHOLDERS PARTICIPATION...... ...43 B. INFORMATION DISCLOSURE...... ..43 VII. GRIEVANCE REDRESS MECHANISM..44 VIII. LARP (SAFEGUARD ISSUES) IMPLEMENTATION ARRANGEMENTS46 A. LARP IMPLEMENTING ORGANIZATIONS...... ...... ..48 A.1. OVERSIGHTAND POLICY GUIDANCE &BACKSTOPPING...... ........ ,...... 48 A.2. SPECIFIC TO IMPLEMENTATION OF LAR ACTIVITIES...... ...... ..51 IX. COMPENSATION AND RESETTLEMENT BUDGET..56 A. COMPENSATION,RELOCATION AND INCOME RESTORATION...... .56 B. RESETTLEMENT BUDGET AND FINANCING...... ...... 57 X. LARP IMPLEMENTATION.59 A. LARP IMPLEMENTATION SCHEDULE...... ...... 59 B: MONITORING AND EVALUATION...... ...... 60 B.1. INTERNAL MONITORING...... ...... ..60 B.2.EXTERNAL MONITORING...... ....... .61

4 Tables

Table 1: Potentially served community by the proposed 6.00 km Road.13 Table 2: AP/SAP total affected and residual owned land (Decimal) with percentage of loss..20 Table 3: Description of Affected Structures.23 Table-4: Type of Affected land under LAR (in decimal), by Percentage..24 Table-5: Number of affected trees by type (Timber/fruit) and size.24 Table-6: Species of the affected trees by size.25 Table 7: Family Composition.....26 Table 8: Total Affected Population by Gender and Percentage....26 Table 9: Age group of population by Gender..27 Table 10: Occupation by Gender and Percentage27 Table 11: Level of Education by Gender..28 Table 12: Level of household income (Yearly)28 Table 13: List of field visit by GoB Official to Betbunia Chairy Bazar to Laxmichari Road via Barmachari..35 Table 14: Entitlement Matrix and Responsible Implementation Agencies....37 Table - 15: Budget of BetbuniaChairy Bazar to Laxmichari Road via Barmachari..58 Table 16: Implementation Schedule (3 months)...59 Table 17: Potential Monitoring Indicators 60 Table 18: Indicators for External Monitoring and Evaluation..62

Figures

Figure-1 (Part 1-3) : Google Image map showing Location of existing Union Road and proposed concrete Road Betbunia Chairy Bazar to Laxmichari Road via Barmachari...... 9 Figure 1.1: Location of proposed road alignmentBetbuniaChairy Bazar to Laxmichari via Barmachari through Mouza and Union (with topographical features) ...... 12 Figure 2: Location map of Betbunia-Chairy Bazar to Laxmichari Road via Barmachari Subprojects in Rangamati District, CHT...... 15 Figure 3 (Part1-3): A graphical sketch map (G.Map) with detail information of AP/SAP and land ...... 17 Figure 4: Family in front of affected structure...... 23 Figure 5: Consultation Meeting at Pachupara, Betbunia ...... 43 Figure 6: Grievance Redress Mechanism ...... 45 Figure 7: Project Implementation Arrangement...... 47 Figure 8: Resettlement Organization Chart...... 49 Figure 9: Property Valuation Advisory Team (PVAT) Procedure of Determining Valuation.... 53

ANNEXURE

ANNEX-1.COMMUNITY CONSULTATION MEETING DETAILS...... 64 ANNEX 2: SOCIOECONOMIC SURVEY QUESTIONNAIRE ...... 67 ANNEX 3: PVAT MEETING SUMMARY ...... 76 ANNEX 4: THE EXECUTIVE ORDER OF MOCHTHA...... 81 ANNEX 5: A NOTE BY THE SSS IN THE PIC TEAM ...... 88

5 I. Chittagong Hill Tracts Rural Development Project II (CHTRDP II)Project Description

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

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

3. CHTRDP-II is composed of the following 5 components;

• Institutional Development and Capacity Building • Rural Roads • Community Infrastructure • Micro-Agribusiness Development • Project Management

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

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

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

7. As a part of this assignment, Taungya as well as Project Implementation consultants (PIC), assisted the PMO, CHTRDP-II to prepare this report. The present Land Acquisition and Resettlement Plan (LARP) for the Betbunia- ChairyBazar Road has been prepared taking into account the following findings: (i) Sample survey data (ii) Field visit, meetings and FGDs with different level of stakeholders (iii) Determination of the extent of losses and identification of entitlement of Affected Person (APs) (iv) The policies and legal frame work applicable, consultation mechanisms with the APs, Severely Affected Person (SAPs) and other stakeholders (v) The principles/modalities for information disclosure, provisions made for compensation payment and income restoration programs (vi) Provision made for facilitating/helping the SAP, indirectly affected persons in re- establishing their incomes and (vi) Implementation arrangement and monitoring of the implementation measures.

7 II. Sub-project Description

8. The planned subproject, BetbuniaChairy BazarLaximichari Road via Barmachari, will be constructed in Kawkhali Upazilla of Rangamati Hill District that traverses across two unions (Betbunia and Fatikchari) and two mouzas (Betbunia, Dabbua). The Kawkhali Upazilla shares common border with the Rangamati SadarUpazilla to the east, Raozan (Chittagong district) to the west, Laxmichari to the north and Kaptai and Raozan to the south. Chairy Bazar stands at the middle point of Rangamati-Chittagong road and is also a popular market place that serves a large catchment area from the Kawkhali Upazila, and Rangunia Upazila and Raojan Upazila of Chittagong District. The place gained particular importance from mid- 1970 when a telecommunication satellite station was established by the erstwhile East Pakistan. More importantly, Betbunia is also the entry point to the Chittagong Hill Tracts from rest of Bangladesh via Chittagong town.

9. The road contains a number of bridges and culverts. This includes one 42 meters long RCC bridge on Dabua River and another 25 meters long RCC girder-bridge on Dupchari streams. Furthermore, 4 box culverts will be built along the 6 KM long road.

10. The Location of the project is about 35 Kilometers west from the Rangamati District Headquarter. The distance between Chairy Bazar to Barmachari is 25 KM. The Chairy Bazar is the entry point but the subproject start from Chowdhury Para which is 8 kilometers north from Chairy Bazar and has an existing HBB road built in the first phase of CHTRDP by ADB. The subproject is 6 KM long and ends at Dabua Para from which the Barmachari still remains 11 KM away. The subproject will meet/connect with Barmachari Union in future, a Union of Laxmichari Upazila under Khagrachari Hill District. LGED has a plan to connect Betbunia with Laxmichari via Barmachari which is about 41 Kilometers from Chairy Bazar.

11. The road directly traverses across 6 villages. These are: • Chowdhury Para • Balukhali Para • Pachu Para • Dupchari Para • Dabua Headman Para • Dabua Para

12. The subproject area shares common border with Raozan Upazilla of Chittagong district. The topography of the 6 affected villages comprises of valley bottoms and gentle hill slopes. The figures-1 and 1.1 shows the proposed road, marked in red color and also provides the location of the 11 villages which would potentially benefit from the road. It goes north onward from the south. Most parts of the road shares common border with Raozan Upazila in the west. The inhabitants have to travel regularly to Chairy Bazar(Market place), Upazila Offices (Kawkhali which is 35 Km. away) and Rangamati District Headquarter(HQ) for selling of their produces, education of the children, medical treatment and administrative tasks etc. However, the journey is a grueling exercise in absence of an all-weather communicable road. This becomes even more physically testing during the monsoon when flash flood occurs in the Dabua River and the road becomes a mud pool. The proposed subproject road will provide the communities an easy access to the outside world. 8 Figure-1 (Part 1-3) :Google Image map showing Location of existing UnionRoad and proposed concrete Road Betbunia Chairy Bazar to Laxmichari Road via Barmachari

Google Image Part-1 End point of Road

Google Image: End of Part-1

9 Google Image: Part-2

Google Image: End of Part-2

10 Google Image: Part-3

Google Image: Part-3 Start Point of Road

11 Figure 1.1: Location of proposed road alignment Betbunia Chairy Bazar to Laxmichari via Barmachari through Mouza and Union (with topographical features)

12 13. The detailed information including total population and location of these 11 Villages in the catchment is given below in the table-1:

Table 1: Potentially served community by the proposed 6.00 km Road Distance from the Rangamati- Name of the Total SL Union Ethnicity HH Chittagong Village Population Road or Chairy Bazar (Km) Marma, 1 Chowdhury para Betbunia Chakma 127 588 8 Bengali 2 Balukhali Betbunia Marma 29 146 9.5

3 Pochu Para Betbunia Marma 76 348 11

4 Noa Para Fatikchari Marma 8 30 11.5

5 Kukun chanTila Fatikchari Marma 17 70 13 6 Dhupchari Fatikchari Marma 73 300 11 Dabbua Headman 7 Fatikchari Marma 58 294 12 Para Dabbua Lamar 8 Fatikchari Marma 31 151 12.5 Para Dabbua Headman 9 Fatikchari Marma 15 65 12.5 Upar Para 10 Tila Para Fatikchari Marma 29 130 12.5 11 Dabbua Para Fatikchari Marma 31 175 13

Total 494 2,297 Source: BBS Census 2011 (those in italics are directly affected under LAR)

14. Topography of the 6 affected villages is composed of plain land and gentle hill slopes. Most of the houses of villages are built at the valley bottom on the bank of river and streams. The houses are architecturally typical; the floors are a platform (Tongghar / Macha) made of bamboo and wood above 3-4 feet of the ground supported the wooden poles.A few families recently constructed semi-Pucca and Pucca house in the area, largely those who are comparatively affluent and have regular job incomes. The nearby hillsare used for turmeric and ginger cultivation, horticultures and Jum (shifting cultivation) for livelihood purposes.

15. The total population of the six affected villages is 1,851 comprising of about 394 households out of which 35 are female headed. They all belong to the Marma indigenous group. All the villages were established more than hundred years ago. The villagers depend on agriculture, horticulture, jum and selling of forest products like timber, bamboo and firewood. In rainy season they cultivate Jum. Fruits gardening (mango, banana, litchi etc.) is increasing remarkably now-a-days. Additionally, livestock rearing (cow, goat, pig, etc.) also

13 remains a very important livelihood options. Almost all households raise poultry for domestic consumption and sell the surplus to the market to earn extra incomes.

16. The social structure of the indigenous communities in the CHT remains deeply patriarchal. This is no different in this case also. However, mobility wise the women have greater degree of freedom in contract to the overall situation in Bangladesh and in the case of the Marma people; the women can inherit properties from their parents which is not recognized among the other indigenous communities. During the SES, it was found that the women in the project area participate in the economic activities in equal measure along with the men which is the general conditions in the CHT among the indigenous communities. Some of the women are also involved in running small business such as grocery shops, tea stalls, etc. However, most of them have little education because the schools are far away from the villages.

17. This is reflected in the education level of the communities. The entire catchment area has only 1 high school at Dabua headman para. But almost every village has a pre- primary school, popularly known as Para Kendra supported by Chittagong Development Board (CHTDB). This reflects in the enrollment ratio which is close to 100 percent. But the dropout is quite high at primary school and it is even higher at high school. There are very few students at college level.

18. The Health situation is equally precarious among the communities. There is no doctor or pharmacy in the vicinity. When people fall sick, they seek treatment from the local healers (Boidya). In more serious cases, they go to Raozan (in Chittagong district) or to the Chairy Bazar both quite far away in absence of communicable road. The Upazilla health complex in Kawkhali is even farther away.

19. The proposed subproject i.e. construction of the new road is expected to alleviate much of this hardship condition of the communities. It will give the producers easy access to the outside market thus potentially improving their incomes significantly. The new access road also will surely impact on the education and health conditions of the households and as well as access to the other basic facilities and linkages with the outside world.

20. Figure 2 explains the location of the subprojects Road in the Rangamati Hill district. It is a 44 Kilometers far distance from the Rangamati districts Head Quarter and shares the border with Raozan Upazila, Chittagong district.

14 Figure 2: Location map of Betbunia-Chairy Bazar to Laxmichari Road via Barmachari Subprojects in Rangamati District, CHT

15 III: Scope of Land Acquisition and Resettlement

A. Data Collection Methodology

21. Primary data have been collected from head of the project affected households (HHs) through a house to house socio economic survey (SES) using a structural questionnaire, provided in Annexure-1, that also provided an inventory of losses (IOL). All of the field staffs (for enumerators work) of Taungya were recruited from indigenous community as they could understand the local language, easily communicate with affected peoples (APs) and collect information properly. They were extensively trained in two day training orientation on LAR by the Project Implementation Consultant (PIC) of CHTRDP-II. A reconnaissance visit was done to the subproject site before starting the SES /IOL.

22. Taungya undertook a detailed SES / IOL as well as market survey of the affected properties to determine replacement value. The Documentation officer with assistance of Project Manager (PMO), Taungya also provided technical assistance for data generation, report preparation, and so forth.

23. The field staffs of the Taungya consulted documents and map provided by the local LGED office and collected data by consulting members of each HHs along the indicative RoW. Along the 6.00 km alignment, a total of 46 affected families were identified who would potentially be affected. The SES/ IOL was done for 100% affected HHs. The field staffs prepared a sketch map (figure-3) based on the map which was provided by the LGED, showing area of land with length and owners of the respective land.

B. Estimated Scope of LAR Impacts

24. In total, 14.74 acres of land will be acquired for the construction of the road. This includes both recorded and customary ownerships; 171.84 decimal under recorded ownership and the remaining 1,302.37 decimal under customary ownership. More than half of this estimated land comprises of hill slopes. In a number of places, the construction will require hill-cutting.

25. Figure 3 describes the detail information of APs of the sub project including land, trees, structures and other losses.

16 Figure 3(Part1-3):A graphical sketch map (G.Map) with detail information of AP/SAP and land

Part-1 of G.Map

17 Part-2 of G. Map

18 Part-3 of G. Map

19 Table 2: AP/SAP total affected and residual owned land (Decimal) with percentage of loss Amount of Total owned Amount of Acquired land land (decimal) (decimal) SL. Name of Affected Fathers/Husbands Name N Gender Village Person o Status (Decimal) Land Land Percentage of Percentage Acquired Land Acquired Land (decimal) Land Area of Residual Area Total Land Total Land Customary Customary Titled Land Titled Land Titled Chaithwai PrueMarma S/O late Chaimbo U Karbari Chowdhury 1 Male 1148 200 1348 33 105 138 1210 10.24 SAP and others*** Para S/O Kongjaw prue Chowdhury 2 Aungkyojai Chowdhury Male 0 3400 3400 0 170 170 3230 5.00 AP Chowdhury Para Uching Thwai Marma S/O Josai Marma 3 Male Balukhali 40 600 640 15 80 95 545 14.84 SAP (1)*** Suichabai Marma and S/O late Neaung Marma 4 Male Balukhali 0 55 55 0 25 25 30 45.45 SAP others*** 5 Chingsa prue Marma S/O Lasimbo Marma Male Balukhali 52 0 52 23.5 0 23.5 28.5 45.19 SAP 6 Mauching Marma W/O Aungsapru Marma Female Balukhali 0 30 30 0 8.5 8.5 21.5 28.33 SAP 7 Sajaiprue Marma (1) S/O Apruse Marma Male Balukhali 0 20 20 0 3 3 17 15.00 SAP 8 Mongchiaung Marma S/O Dugyo Marma Male Balukhali 0 22 22 0 2.5 2.5 19.5 11.36 SAP 9 Masi U Marma D/O late Regrai Marma Female Balukhali 0 33 33 0 7.5 7.5 25.5 22.73 SAP 10 Chaimbo Aung Marma S/O ChaihlaPru Marma Male Balukhali 0 310 310 0 25 25 285 8.06 AP Thowai Ching Mong Kong kyojai Marma 11 Male Pachu Para 250 1040 1290 33 36 69 1221 5.35 AP Marma 12 Chai U Prue Marma S/OSuicha Mong Marma Male Pachu Para 0 55 55 0 7.13 7.13 47.87 12.96 SAP 13 KyoSai U Marma S/O late Ulhaaung Marma Male Pachu Para 700 260 960 0 6 6 954 0.63 AP 14 Nichaiu Marma S/O late Ulaaung Marma Female Pachu Para 258 168 426 0 34 34 392 7.98 AP 15 UchingThwai Marma (2) S/O Tuchaaung Marma Male Pachu Para 0 322 322 0 9 9 313 2.80 AP 16 Protul Marma S/O late Chaisiu Marma Male Pachu Para 0 480 480 0 14.5 14.5 465.5 3.02 AP 17 Kyojai Prue Marma S/O Pailhaaung marma Male Pachu Para 1000 30 1030 0 13 13 1017 1.26 AP 18 Yong Thwai Marma S/O late Chara aung Marma Male Pachu Para 0 533 533 0 10.5 10.5 522.5 1.97 AP 19 Ujai Chaing Marma S/O late Neo Prue Marma Male Pachu Para 0 534 534 0 9 9 525 1.69 AP 20 Najau Marma W/O late Muchabai Marma Female Pachu Para 0 361 361 0 21 21 340 5.82 AP 21 Aungsa Rui Marma S/O Chaimbo U Marma Male Dupchari 0 400 400 0 30 30 370 7.50 AP Thoai Rui Marma and S/O Chaimbo U Marma 22 Male Dupchari 400 68 468 33.34 0 33.34 434.66 7.12 AP Others*** 20 Amount of Total owned Amount of Acquired land land (decimal) (decimal) SL. Name of Affected Fathers/Husbands Name N Gender Village Person o Status (Decimal) Land Land Percentage of Percentage Acquired Land Acquired Land (decimal) Land Area of Residual Area Total Land Total Land Customary Customary Titled Land Titled Land Titled 23 Thwaisorang Marma S/O Nihla Aung Marma Male Dupchari 0 500 500 0 63.68 63.68 436.32 12.74 SAP S/O Sajai Marma Dabua 24 Sathui Mong Marma Male 0 200 200 0 21.44 21.44 178.56 10.72 SAP Headman S/O Paisajai Marma Dabua 25 Paimbou Marma Male 0 150 150 0 24.22 24.22 125.78 16.15 SAP Headman S/O late Kyojai Prue Dabua 26 Paisuihla Chowdhury Male 0 250 250 0 16.44 16.44 233.56 6.58 AP Chowdhury Headman Dabua 27 SajaiPrue Marma (2) S/O Chaimboaung Marma Male 0 500 500 0 26.45 26.45 473.55 5.29 AP Headman Dabua 28 Sui U Marma S/O Chaimbo aungMarma Male 30 470 500 5 14.65 19.65 480.35 3.93 AP Headman Dabua 29 Kyosoi prue Chowdhury S/O S.M Chowdhury Male 0 500 500 0 7.55 7.55 492.45 1.51 AP Headman Dabua 30 Paimbo Aung Marma S/O late Kompre Marma Male 150 500 650 5 0 5 645 0.77 AP Headman Mong Soihla S/O late Kyojai prue Dabua 31 Male 0 500 500 5 20.45 25.45 474.55 5.09 AP Chowdhury Chowdhury Headman W/O late Kyojai prue Dabua 32 Noa Chowdhury Female 240 0 240 5 6.78 11.78 228.22 4.91 AP Chowdhury Headman S/O late Kyojai prue Dabua 33 S.M. Chowdhury Male 0 1500 1500 0 46.45 46.45 1453.55 3.10 AP Chowdhury Headman W/O late Mraihla aung 34 Chaiuma Marma*** Female Dabua Para 100 450 550 5 58 63 487 11.45 SAP Marma W/O late Thuihla aung 35 Hlasang Prue Marma Female Dabua Para 0 400 400 0 30.89 30.89 369.11 7.72 AP Marma 36 Paidu Aung Marma S/O Mongsai Marma Male Dabua Para 0 400 400 0 29.22 29.22 370.78 7.31 AP 37 Aungsa Mong Marma S/O late Kyothowai Marma Male Dabua Para 0 700 700 0 40 40 660 5.71 AP 38 Sui Thowai Prue Karbari S/O late Raiaung Karbari Male Dabua Para 0 700 700 0 79.36 79.36 620.64 11.34 SAP 39 Anusi Marma S/O late Mongyoree Marma Male Dabua Para 0 300 300 0 6.07 6.07 293.93 2.02 AP 40 Aresi Marma S/O late Mongyoree Marma Male Dabua Para 0 100 100 0 6.63 6.63 93.37 6.63 AP 41 Suithuima Marma W/O late Ruigya Marma Female Dabua Para 0 200 200 0 29.46 29.46 170.54 14.73 SAP

21 Amount of Total owned Amount of Acquired land land (decimal) (decimal) SL. Name of Affected Fathers/Husbands Name N Gender Village Person o Status (Decimal) Land Land Percentage of Percentage Acquired Land Acquired Land (decimal) Land Area of Residual Area Total Land Total Land Customary Customary Titled Land Titled Land Titled AP Chairman, Pachu Para (Prima Primary School 42 Male Pachu Para 40 60 100 9 0 9 91 9.00 ryScho Management ol Committee Land) Chairman, Paimokya SAP Buddha Bihar (Forest 43 Male Dabua Para 0 1100 1100 0 155.9 155.9 944.1 13.64 garden Management of Committee Bihar) AP Chairman, Dupchari (Prima Primary School 44 Male Dupchari 93 0 93 0 8 8 85 0.00 ry Management School Committee Land) Dabua Lost only dwelling house, and tea and grocery shop. The land on which these structures are 45 HlaThowai Marma Suichau Marma Male Headman SAP standing, belong to Ms. Noa Chowdhury serial no. 32 in this list Para Lost only Rice husking machine shed. The land on which the structure is standing, belong to 46 Mantu Marma Yongcha Marma Male Dabua Para Sui Thowai Prue Karbari serial no. 38 in this list AP TOTAL 4,501 18,401 22,902 171.84 1,302.37 1,480.11 21,427.79 424.64 Source: Betbuia-Dabua SES, December 2013 by Taungya

*** Asterisk marks signifies property under joint family ownership

22 26. The affected families all belong to the Marma indigenous community. Out of the 46 APs, 17 are considered as SAPs as they are losing more than 10% of owned land including in 5 cases their homesteads and/or other structures. The APs and SAPs also include in total 8 female headed households.

27. The overall LAR activities affect 5 standing structures 2 (two) shops and 2(two)residences and 1(one) rice husking machine shed. All the APs / SAPs will have to remove the structures from their current location. One SAP (Mr. Hlathowai Marma) will lose both his residence and the grocery/tea Figure 4: Family in front of affected structure shop. The details are given in the table below;

Table 3: Description of Affected Structures Name of Fathers/Husb Type of Owne Length Sl. Village Sex Description of Structure owner ands Name Structure rship and width No House Made of mud wall, Areshi Late: Mongya Dabua Doweling 26 x 24 1 Male Self Roof with CI sheet, mud Marma Rui Marma Para House Feet floor

Husking Wall made of bamboo, Mantu Yongcha Dabua 18 x 12 2 Male Machine Self Roof with CI Sheet and Marma Marma Para Feet shed mud floor

Dabua Tea and Wall made of bamboo, Hlathowai Suichau 20 x 19 3 Headman Male Grocery Self Roof with CI sheet and Marma Marma Feet Para Shop mud floor Dabua Wall made of Bamboo, Hlathowai Suichau Doweling 28 x 22 4 Headman Male Self Cemented floor and roof Marma Marma House feet Para with CI sheet.

Tea stall Wall made of mud, roof Yong Late Josai and 22 X 16 with CI sheet, mud floor, 5 Thowai Balukhali Male Self Marma Grocery Feet wooden window and Marma shop door

Source: Betbuia-Dabua SES, December 2013 by Taungya

28. Most of the land under LAR (76.60%) comprises of hills/hill slopes. An additional 20.88% is paddy land, quite a significant chunk of which is fertile valley land with irrigation facilities from the nearby streams. A small percentage falls into orchards and homesteads. The details are given in the Table below;

23 Table-4: Type of Affected land under LAR (in decimal), by Percentage Type of land Quantity of land(Decimal) Percentage Orchard/Homestead 37.28 2.52% Hills/Hill Slopes 1133.75 76.60% Multi crop/Paddy land 309.08 20.88% Others 0 0 Total 1,480.11 100% Source: Betbunia-Dabua SES, December 2013 by Taungya

29. In total 27 HHs will loss trees and/or standing crops. The total number of trees to fell down is 3,408 out of which 3327 are of timber quality. The details are given in the Table below;

Table-5: Number of affected trees by type (Timber/fruit) and size Category of Tree Large Medium Small Sapling Total Percentage Timber 32 489 1133 1673 3327 97.62 Fruit Trees 22 12 46 1 81 2.38 Total 54 501 1179 1674 3408 100 Source: Betbuia-Dabua SES, December 2013 by Taungya

24 30. The table 6 provides the different species of tree1. The largest in number are acacia which has good timber value;

Table-6: Species of the affected trees by size

S.l Name of Tree Big size Middle size Small size Sapling Total 1 Batta 1 1 2 Gamar 10 176 126 312 3 Acacia 14 119 673 400 1206 4 Coconut 6 3 9 5 Teak 1 170 194 3 368 6 Jackfruit 9 4 2 15 7 Mango 3 3 23 1 30 8 Bamboo 0 1270 1270 9 Palm 2 2 10 Lemon 1 1 11 Kul(Barai) 1 3 13 17 Belgium (a tree 12 species in local 5 108 113 parlance) 13 Neem 11 12 23 14 Supari 0 2 2 15 Berry(Jam) 1 1 16 Litchi 1 1 17 Guava 2 2 18 Aghar 5 5 19 Bel 1 1 20 Suruz (Chorbek) 6 6 21 Jarul 3 3 22 Medicinal Tree 20 20 54 501 1179 1674 3408 Source: Betbunia-Dabua SES, December 2013 by Taungya

31. The sub-projects LAR activities do not affect any standing crops.

1 The local name of the various species is used in the Table. 25 IV: Socio-Economic Survey (Profiles of the Affected Persons)

32. Methodology: An extensive socio-economic survey (SES) was carried out by Taungya based on a structured questionnaire (attached as Annex - 2) The survey respondents included the affected persons/families along the indicative right of way (RoW) as per the maps and other documents provided by LGED and whose land and/or other properties are under acquisition for the road. The survey was carried out in December 2013. The collected survey data were extensively cross-checked to eliminate any eventual errors throughout the months of January May 2014.

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

34. The SES questionnaire format provides detailed information about the APs and SAPs such as total number of family members, age, sex occupation and level of education. This also includes detailed information on their total land holdings, type of land and tenure, and as well as the overall amount of land under acquisition along with standing structure, trees and crops on these lands. The survey findings are presented below in detail.

Table 7: Family Composition Family Composition Frequency % Son 58 24.37% HH 46 19.33% Wife 37 15.55% Daughter 70 29.41% Daughter in law 5 2.10% Grand son 5 2.10% Grand daughter 5 2.10% Brother 4 1.68% Mother 5 2.10% Sister 2 0.84% Husband 1 0.42% Total 238 100% Source: Betbunia-Dabua SES, December 2013 by Taungya

35. The SES identified 238 individuals belonging to the 46 families of the APs and SAPs who will be affected by the sub-projects land acquisition. The highest percentage affected almost a quarter of the total population live in Pochu para and Balukhali para. The APS and SAPs also include in total 8 female headed households. The table 7 shows average family size is 5.17 which are a bit higher than the national average (4.44, BD census 2011).

Table 8: Total Affected Population by Gender and Percentage Population Number of Population Percent Female 131 55.04% Male 107 44.95% Total 238 100% Source: Betbunia-Dabua SES, December 2013 by Taungya

26 36. The Table -8 shows that females are more affected in percentage (55.04) than male members. In total 131 female members will be affected out of the 238 affected individuals.

Table 9: Age group of population by Gender Age group Male % Female % Total % 1-10 20 18.69% 31 23.66% 51 21.43% 11-20 27 25.23% 29 22.14% 56 23.53% 21-30 23 21.50% 32 24.43% 55 23.11% 31-40 16 14.95% 13 9.93% 29 12.19% 41-50 10 9.35% 10 7.63% 20 8.40% 51-60 6 5.61% 9 6.87% 15 6.30% Above 60 5 4.67% 7 5.34% 12 5.04% 107 100% 131 100% 238 100% Source: Betbunia-Dabua SES, December 2013 by Taungya

37. Table 9 shows the age group of the affected persons. Majority are of relatively younger age; the age group above 30 years (both males and females) constitute only about a quarter of the total affected population.

Table 10: Occupation by Gender and Percentage Occupation Male % Female % Total % Agriculture 37 34.58% 28 21.37% 65 27.31% Student 24 22.43% 36 27.48% 60 25.21% Housewife 0 0% 33 25.19% 33 13.86% Children 15 14.02% 18 13.74% 33 13.86% Service 10 9.36% 4 3.06% 14 5.88% Bazar Chowdhury 1 0.93% 0 0% 1 0.42% House holds 1 0.93% 5 3.82% 6 2.52% Business 5 4.67% 1 0.76% 6 2.52% Aged 0 0% 2 1.53% 2 0.84% Monk 1 0.93% 0 0% 1 0.42% UP Member 0 0% 1 0.76% 1 0.42% Labor 12 11.22% 3 2.29% 15 6.30% Driver 1 0.93% 0 0% 1 0.42% Total 107 100% 131 100% 238 100% Source: Betbunia-Dabua SES, December 2013 by Taungya

38. Agriculture is the most common profession with 27% of the AP households. While women also participate in the economic activities; they also assume the additional burden of household chores. Few of them are involved in productive/wage income activities if one discounts the labor they provide in their homestead plots of agriculture and horticulture or other household chores such as firewood collection or forest produces. Indeed, only a meager 2% say that they work as daily wage labor. Their representation in local government is equally very low, as is also in the job market. Of the 14 persons who have a regular job income, only 4 are women.

27 Table 11: Level of Education by Gender Qualification Male % Female % Total % Primary 29 27.10% 37 28.44% 66 27.74% Secondary 33 30.84% 24 18.32% 57 23.95% SSC 4 3.73% 3 2.29% 7 2.94% Illiterate 18 16.82% 50 38.17% 68 28.57% Children 12 1 1.21% 12 9.16% 24 10.08% HSC 7 6.54% 2 1.53% 9 3.78% Diploma 1 0.93% 0 0 1 0.42% BA/BBS/BSS 3 2.80% 3 2.29% 6 2.52% Total 107 100% 131 100% 238 100% Source: Betbunia-Dabua SES, December 2013 by Taungya

39. The education level of the communities is very much dismal. A whopping 28.57% remain illiterate and among the women, this percentage is as high as 38.16 percent. The entire catchment area has only one high school and 3 primary schools which are all hobbled with lack of teachers. Lack of communicable road means that student have to attend school on foot after long trudge which becomes even more problematic during monsoon. This has a direct impact on the drop-out rates and education of the girl children and clearly demonstrates the low primary level education among the communities.

Table 12: Level of household income (Yearly) Level of income Number of HH Percent Above 180,000 13 28.26% 120,000-180,000 8 17.39% 60,000- 120,000 17 36.96% Below 60,000 8 17.39% 46 100% Source: Betbunia-Dabua SES, December 2013 by Taungya

40. The majority of the affected families have low incomes. More than half earn less than 120,000 taka per year. And significantly, about 18% have annual income less than 60,000 taka per year. During the survey, most of the affected HHs and the broader community members blamed the lack of access as the main factor of their poverty/low income and all genuinely believes that the construction of the present road would be the most important step for them to overcome this grueling poverty.

28 V. Resettlement Policy Framework

41. The region of CHT has specific legal regime as regards land administration with specific laws which are applicable only for the region. The region also has the largest concentration of the ethnic minority communities who are recognized as indigenous peoples under the ADB Safeguard Policy Statement (SPS), 2009.

For the purpose of the present LARP, the key laws are;

A. CHT Land Administration Framework

42. CHT legal regime for land administration and acquisitions is very much distinct from the rest of Bangladesh. The key reference as regards land administration for the region remains the CHT Regulation of 1900. Despite several amendments in the succeeding decades, it remains still in force and provides overarching framework for land administration including the role and authority of the traditional leadership centered around the office of the Circle Chief, Mouza Headman and village Karbari. In recent years, particularly following the signing of the CHT accord, a number of new laws have been adopted, each with specific purpose and objectives which the Hill District Council Acts of 1998, the CHT Regional Council Act of 1998, and the CHT Land Dispute Resolution Commission Act of 2001.

43. As said above, the land administration system in the CHT is unique compared to the rest of Bangladesh. The institutional setup comprises of a broad range of institutional stakeholders; the traditional leadership (Circle Chiefs and Headmen), CHT specific institutions (Hill District Councils) and usual government functionaries (Deputy Commissioners). Further, the Acquisition and Requisition of Immovable Property Ordinance (ordinance II of 1982) and its subsequent amendment in 1993 and 1994, the legal instrument that provides the current legal framework for land acquisition for public purposes in the country and which also serves as reference to complement the overall land acquisition procedure laid down in the above-mentioned CHT Land Acquisition Regulation, 1958 stipulates compensation only for titled land and on the existing standing crops and structure. However, a vast majority of the CHT inhabitants2 do not have formal land ownership titles and the concept of Khas land as legally defined in the other parts of Bangladesh is contested by indigenous peoples of the region, which, according to them are all IP common land. As a consequence, the affected peoples, whose lands are not titled, are not covered in compensation plan under the Ordinance II of 1982.

44. A further complicating factor is the categorization of the lands, in particular, the role and authority vested to the Department of Forest (DF). Beginning from the British period, the government declared vast tracts of hilly land as for the purpose of commercial exploitation and management of the related resources. The RF remains under the exclusive preserve of the DF. Subsequently, all the hill lands were put into different category including those under the Unclassified State Forest (USF), theoretically under the DF but usually the usufruct enjoyed by the IPs under the custodianship of the mouza as common IP land. The USFs are commonly referred to as khas land by the government.

2Approx. 45% of the IPs and 60% Bengalis have ownership documents over their land properties (Ref. UNDP, 2007) 29 45. The CHT Land Acquisition Regulation, 1958, remains the most important legal instrument for land acquisition in CHT which was decreed upon to legalize the acquisition of vast tracts of lands for the construction of the Kaptai hydro dam in the 1960s. Subsequently, after the signing of the Peace Accord (PA) on 2 December 1997, several provisions of the Local Government Act of 1998 were amended in the revised Hill District Council Acts so that the government cannot acquire land owned by an individual or community land as per as the CHT Regulation 1 of 1900 without the consent of the newly created Hill District Councils (HDCs)3.

46. It is also equally important to note that while the CHT Land Acquisition Regulation 1958 applies to the CHT, no rules were developed to describe how the Regulation would be applied in day to day land acquisition cases, so the rules developed for the Land Acquisition Ordinance 1982 are applied to the CHT as well as to the rest of Bangladesh. However, the 1958 Regulation includes stipulations by which the DC can charge a maximum of 15% as administrative expenses to the overall budget of LAR activities. In the case of the present sub-project, this has been lowered to 2% which is duly included in the budget.

47. In sum, the Deputy Commissioner (DC) is the most crucial authority as regards land acquisition in the CHT. However, as a reflection of the vast array of the institutional stakeholders on land administration, the LAR involves others as well. Besides the aforementioned HDCs, the offices of the headman and circle chiefs are involved in the process.

B. ADB’s Involuntary Resettlement Policy

48. The ADBs 2009 safeguard Policy Statement (SPS) summarizes Involuntary Resettlement Safeguards, as follows

1. SPS Involuntary Resettlement Safeguards

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

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

• Involuntary acquisition of land, or • Involuntary restrictions on land use or on access to legally designated parks and protected areas

It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

3 The provision in the law is as follows; Section 64 of the HDCs Act states: a) Notwithstanding anything contained in any law for the time being in force, no land within the boundaries of Rangamati (and Khagrachari and Bandarban) Hill District shall be given in settlement without the prior approval of the Council and such land cannot be transferred to a person who is not a domicile of the said district without such approval; and b)Provided that, this provision shall not be applicable in case of areas within the Protected and Reserve Forests, Kaptai Hydroelectricity Project, Betbunia Earth Satellite Station, land transferred or settled in Government and Public interest, land and forest required for state purposes. 30 SPS Principles: • Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and /or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. • Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. o Inform all displaced persons of their entitlements and resettlement options o Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs o Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. o Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. o Support the social and cultural institutions of displaced persons and their host population. o Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. • Improve, or at least restore, the livelihoods of all displaced persons through: o Land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods o Prompt replacement of assets with access to assets of equal or higher value, o Prompt compensation at full replacement cost for assets that cannot be restored, and additional revenues and services through benefit sharing schemes where possible. • Provide physically and economically displaced persons with needed assistance, including the following: o 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 in to their host communities, and extension of project benefits to host communities o Transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and Civic infrastructure and community services, as required. • Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with 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 • Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status • Ensurethatdisplacedpersonswithouttitlestolandoranyrecognizablelegalrightstoland areeligibleforresettlementassistanceandcompensationforlossofnon-landassets • 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

31 • Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders • Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of projects costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a standalone operation • Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation • Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring.

C. CHTRDP-II’s LAR Policy

49. The projects land acquisition and resettlement framework (LARF) has been prepared to comply with ADBs SPS and will apply to all sub-projects and activities under the CHTRDP-II with a view to ensure that APs impacted by land acquisition whether it is owned land or occupied through formal or informal agreement or without any title or agreement will be eligible for appropriate compensation covering replacement value of their assets. In the continued absence of a National Resettlement Policy in Bangladesh, the SPS will form the basis for the Projects LARF.

50. The LARF reflects the Government land acquisition laws/regulations as well as the ADBs recent SPS, which covers environmental, involuntary resettlement and IP polices. The LARF stipulates eligibility and provisions for all types of losses, including and (and in this Project,IPCommonLand),crops,trees,fisheriesandfishponds,structures, business, employment (work days and wages) and social infrastructure. It also stipulates recognition to the customary rights to land and physical property for the using any forest or khas land; for lessees of homestead, agricultural and commercial land; share croppers, and renters of land and structures. Compensation will also be extended to APs for loss of any asset including structures, fences, trees, plants or crops.

51. The LARF also endorses an income restoration strategy for SAPs. In addition to income restoration and cash assistance, this also includes opportunities for Income Generation Activities (IGAs). It further stipulates a thorough and elaborate process of consultation with the APs and SAPs based on the principles of free, prior and informed consent (FPIC) in order to minimize disruption during project implementation.

52. The LARF stipulates the date of the census as the Cut-Off Date for resettlement benefits And any encroachers or informal settlers after the date will not been titled to resettlement benefits. For the title-holders, in absence of any Rules for the CHT 1958 LA Regulation, notification by the DC under Section 3 of the 1982 Ordinance, constitutes the Cut-Off Date.

53. The LARF further establishes a dual process of acquiring land for the roads; cash compensation under law (CCL) following the CHT LA 1958 Regulation with the Hill Districts 32 Council Act 1998 for Rangamati, Bandarban and Khagrachari so that the Government cannot acquire land owned by an individual, as per CHT Regulation 1 of 1900, without consultation with the HDCs. This process will go through the DCs office, which is standard throughout the rest of Bangladesh following the 1982 Land Acquisition Act. The other process, established through precedence over several decades, addresses the gap between the legal framework for land acquisition in Bangladesh (and in this case in the CHT) and ADBs Safeguards Policy Statement( SPS).This provides for grants, such as to pup land and structure payments under CCL to market price/ replacement levels, payment for shifting costs, grants for vulnerable APs (women headed households, IPs, among others),and livelihood restoration grants for Severely Affected Persons (SAPs) losing more than 10 percent of their land and/or shifting residents/businesses.

54. The LARF thus stipulates a grant for IP common land and outlines a process for verifying Registered and unregistered IP common land through the customary land management based on the CHT Regulation I of 1900 that set up a land administration through Circle Chiefs, Headmen, and Karbaris. Grants for IP Common land will be awarded to IPs and non-IPs alike who have been certified by Headmen, Circle Chiefs and finally by the HDCs.

55. CHTRDP IIs Land Acquisition and Resettlement Guidelines refer to the above- mentioned provisions of the LARF and elaborates in detail the overall processes and conditions of LAR implementation mechanisms. The Executive Order ( Ref. No 29.226.014.00.00.203-2013- 462) issued by the Ministry of CHT Affairs (MoCHTA) for the projects LAR activities provides further administrative sanctions by the Government of Bangladesh to the overall process including the role and authority of the different committees set up for the CHTRDP IIs LAR activities. The Executive Order is attached as annex-4

D. Objectives of the Land Acquisition and Resettlement Plan (LARP)

56. The present Land Acquisition and Resettlement Plan (LARP) for the Betbunia-Chairy Bazar Road has been prepared taking into account the findings of the sample survey data, field visit and meetings and FGDs with different level of stakeholders and identifies/sets out: • The extent of losses • The policies and legal frame work applicable • Consultation mechanisms with the APs, SAPs and other stakeholders and the principles/modalities for information disclosure • Provisions made for compensation payment and income restoration programs • Provision made for facilitating/helping the SAP, indirectly affected persons in re- establishing their incomes • Implementation arrangement including the responsibilities of Chief Resettlement Officer (CRO), District Resettlement Officer, and • Monitoring of the implementation measures.

E. LAR Entitlements

57. The Entitlement Matrix in the following pages provides in detail the overall entitlements by the APs and SAPs, the total amount of compensation including the payment modalities. The enumerated survey data shows that in total 14.80 acres land will be acquired under the sub- project.

33 58. By following the Projects LAR policy, the matrix includes all the affected people irrespective of their legal status for compensation for any kind of loss caused due to project implementation. This includes customary right to the property of the IPs and covers the loss of property (land, structure, trees, crops, common property resources and others), livelihood and other unanticipated losses. The compensation amount is determined based on the results of the census and socio-Economic Survey (SES), Land Market Survey (LMS), Structure Replacement Value Survey (SRVS) and Tree Valuation Survey (TVS) carried out by the R-NGO. Based on these survey data and through own assessment, the Property Valuation Assessment Team (PVAT) will determine the Maximum Allowable Replacement Value (MARV) of the lost property.

59. The APs and SAPs under the Betbunia-Chairy bazaar road via Barmachari sub-project all belong to the Marma IP communities. The surveys found three types of ownership among them; (1)Registered Land at the DC office with proper documents; (2) Many who applied for registration long ago (here, in line with the ADBs SPS, termed as legalizable); and (3) Common/Community Land used/owned through customary/traditional bondobosti (lease) from the Circle Chief(CC) through appointed headmen.

60. A considerable portion of the land to be acquired precise amount is still to be determined- is also equally claimed by the Department of Forest as reserve forest. However, APs also possess registered ownership titles over these lands. A formal enquiry to settle on the issues was made with the members of the enquiry team comprising of DC office, Department of Forest, PMO, PIC and R-NGO. During the visit of the enquiry team, the Forest Department could not identify the exact plots of land which it claims as reserve forest. Consequently, the LARP accepts the validity of the individual registered ownership titles of the AP/SAPs. A note by the SSS in the PIC team is attached to this regard as Annex 5.

61. Another crucial issue to the sub-project involves the legal heir to the lands under acquisition. As per the survey findings, as many as 5 legal owners of the lands have passed away long ago and currently, these lands are enjoyed by their legal heirs. However, the legal transfer of the ownership has not happened so far.

62. The Entitlement Matrix addresses all these issues and in the cases where the legal owner is absent or died long ago, vests the due compensations to the Entitled Persons(EPs), identified through proper definition and with consultation of the relevant stakeholders such as close relatives, Karbari, headmen and/or UP Chairman and Ward Member.

63. The DC will compensate CCL according to the GOBs regulations for loss of property on registered land with approval of HDC; and an additional grant will be paid by HDC through the NGO to cover the MARV. The HDC will also provide grants through the NGO to APs who do not own any registered land but have customary / traditional leased and registered by the Circle Chief. The HDC will also provide grants to the Non-IP according to the LAR guideline.

64. The Entitlement Matrix also addressed loss of access to income, livelihood and common Property resources or any utility services by the APs. The HDC will take appropriate measures to restore lost livelihood through providing training or other appropriate support for the APs. Special attention has been given in the Entitlement Matrix for the vulnerable APs, including female headed households, marginalized IPs, families with disable members, and others.

34 Vulnerable HHs will qualify for additional assistance/grant, as specified in the Entitlement Matrix.

65. All APs will be entitled to compensation and resettlement assistance based on significance of impacts. Nevertheless, eligibility to receive compensation and other assistance will be limited by the Cut-Off Date. In the present case, the cut-off date for compensation under law (Ordinance II of 1982 and its 1994 amendments) is established on 11 March 2014, the date when the DC served the land acquisition notice under Section 3.

66. Following the establishment of the cut-off date, a number of joint verification visits took place. This is given in the table below;

Table -13: List of field visit by GoB Official to Betbunia Chairy Bazar to Laxmichari Road via Barmachari Sl. Date Place/Mouza Name, designation and organization Purpose of visit No 1 29.01.14 Betbunia and 1. Jaladeshwar Chakma-Additional Land Land survey and Dabua Mouza Acquisition Officer(ALAO), DC Office, Demarcation Rangamati 2. Nitish Chakma-Kanungo, DC Office, Rangamati 3. Joy Prakash Chakma-Kanungo, DC Office, Do 4. Ripon Chakma-Surveyor, DC Office, Do 5. Nirupam Chakma-Surveyor, DC Office, Do 6. Mithun Chakma-Tracer, DC office, Do 7. Chaithowai Prue-Chainman, DC office, Do 8. Anil Chakma-Chainman, DC Office, Do 9. Biplob Chakma-ED, Taungya 10. Bimalendu Chakma-PM, CHTRDP-II, Taungya 11. Reetesh Roy District Project Officer, Taungya 2 17.02.14 Dabua 1. Jaladeshwar Chakma-ALAO-Do Land survey and Headman 2. Nitish Chakma-Kanungo, Do Demarcation para 3. Joy Prakash Chakma-Kanungo, Do 4. Ripan Chakma-Surveyor, Do 5. Nirupam Chakma-Surveyor, Do 6. Mithun Chakma-Tracer, Do 7. Chaithowai Prue-Chainman, Do 8. Anil Chakma-Chainman, Do 9. Bimalendu Chakma-PM, Do 10. Reetesh Roy District Project Officer, Do 11. Rupayan Chakma- Ditrict Project Officer, Do 3 30.02.14 Dabua and 1. Nitish Chakma-Kanungo, Do Assessment of Betbunia 2. Joy Prakash Chakma-Kanungo, Do tree and 3. Ripan Chakma-Surveyor, Do structure 4. Nirupam Chakma-Surveyor, Do 5. Mithun Chakma-Tracer, Do 6. Chaithowai Prue-Chainman, Do 7. Biplob Chakma-ED, Taungya 8. Bimalendu Chakma-PM, Do 9. Reetesh Roy District Project Officer, Do 4 25.03.14 Betbunia and 1. Jaladeshwar Chakma-ALAO, Do Joint Dabua 2. Nitish Chakma Kanungo, Do Investigation

35 Sl. Date Place/Mouza Name, designation and organization Purpose of visit No 3. Joy Prakash Chakma-Kanungo, Do Team visit 1. Ripan Chakma-Surveyor, Do 2. Nirupam Chakma-Surveyor, Do 3. Mithun Chakma-Tracer, Do 4. Chaithowai Prue-Chainman, Do 5. Biplob Chakma-ED, Taungya 6. Bimalendu Chakma-PM, Do 7. Reetesh Roy District Project 29.5.14 Betbunia and 1.Nitish Chakma-Kanungo, Do Mouza Dabua 2. Joy Prakash Chakma-Kanungo, Do Demarcation with 3. Chaithowai Prue-Chainman Do Forest 4. Md. Hossain Chainman, Do Department 5. Md. Kamal Hossain Assistant Conservator of Forest, Jhum Control, Rangamati 6. Mrinal Kanti Chakma, SSS, PIC 7. Bimalendu Chakma, Project Manager, Taungya 30.5.14 Betbunia and 1.Md. S. Nazir Ahmed-Sub Divisional Engineer, Assessment of Dabua PWD, Rangamati structure value 2. Md. Anwar Parvez- Sub Assistant Engineer, PWD, Rangamati 30.6.14 Betbunia and 1.Md. S. Nazir Ahmed-Sub Divisional Engineer, Do Assessment of Dabua 2. Md. Anwar Parvez- Sub Assistant Engineer, Do structure value

36 67. Entitlement Matrix of the LARF of CHTRDP-II endorses 17 kinds of Entitlements in terms of related losses. This Entitlement Matrix has been provided in this proposed LARP (Table 14) and out of these entitlements serial number 1,2,7 and 9 will be mostly applicable. Table 14: Entitlement Matrix and Responsible Implementation Agencies

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

2 Loss of Land applied for Legal owner(s) of i. As 1 if DC can declare the land a. Assessment of quantity and quality of land a. DC, HDC registration long ago land (DCs in case of legalizable, b. Assessment of Market Value (legalizable) with proper identifying legalizable c. Assessment of MARV by LMS b. DC, HDC document (Agriculture, after verification) d. Title updating c. HDC/R-NGO Commercial, Homestead, Indigenous People e. Payment of CCL d. DC, HDC Hill, Jhum land, Pond, (IP) /Bengali migrants f. APs will be fully informed of the e. DC, HDC Orchard) came after 1980s entitlements and procedures regarding f. HDC/R-NGO payment g. Additional cash grant to cover the RV of land. g. HDC/R-NGO

37 Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation No Person (EP) Responsibility h.Stamp duty will be due to an EP @7% of the MARV to facilitate in purchasing alternate h.CRO /R-NGO /replacement land i. Compensation for standing crops from DC i. DC, HDC 3 Loss of Unregistered land Users of Community i. Cash Grant as Replacement Value a. Assessment of quantity and quality of land a. HDC used/owned through property leased in of the land assessed by PVAT b.Assessment of RV by LMS traditional bondobosti from headman ii. Grants for Compensation for c. Payment of RV b. HDC, PVAT (lease) (Agriculture, through traditional standing crops assessed by PVAT d.APs will be fully informed of the c. HDC/R-NGO Commercial, Homestead, bondobosty system iii. Land development cost for entitlements and procedures regarding Hill, Jhum land, Pond, in case of IP homestead loser (if applicable) payment d. HDC/R-NGO Orchard) assessed by PVAT e. Compensation for standing crops from e. HDC/R-NGO-CRO HDC 4 Loss of Unregistered land Owner/user of i. Cash Grants as Replacement a. Assessment of quantity and quality of land a. HDC used/owned through Individual owned Value of the land assessed by b. Assessment of RV by LMS traditional bondobosti property leased in PVAT c. Payment of RV b. HDC, PVAT (lease) by IP Commercial, from headman ii. Grants for Compensation for d. APs will be fully informed of the Homestead, Hill, Jhum through traditional standing crops assessed by PVAT entitlements and procedures regarding c. HDC/R-NGO land, Pond, Orchard) bondobosty system in iii. Land development cost for payment d. HDC/R-NGO case of IP homestead loser (if applicable) e. Compensation for standing crops from assessed by PVAT HDC e. HDC/R-NGO-CRO 6 Loss of Reserve Forest Forest Department I. CCL (Market value assessed by a. Assessment of quantity and quality of land a. DC, HDC Land (Agriculture, is the legal owner of DC plus premium as per Law) and b. Assessment of Market Value Commercial, Homestead, the land at the time II. Additional grant to cover MARV c. Assessment of MARV by LMS b. DC, HDC Hill, Jhum land, Pond, of serving notice of land d. Payment of CCL c. HDC/R-NGO Orchard) under Section 3 of LA III. Compensation for standing crops e. APs will be fully informed of the d. DC,HDC Laws /trees assessed by DC/PVAT entitlements and procedures regarding e. HDC/R-NGO IV. Land development cost for payment homestead loser (if applicable) f. Additional cash grant to cover the RV of assessed by PVAT land will be paid before or /during f. HDC/R-NGO vacating the project site (even before receiving CCL, if necessary) g. Compensation for standing crops /trees g. DC, HDC from DC 7 Loss of Homestead/ Legal owner of the ii. CCL a. Assessment of no. and quality of a. DC, HDC Commercial and Other land at the time of iii. Additional grant to cover RV of structure 38 Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation No Person (EP) Responsibility Infrastructure by Owner serving LA notice the structure b. Assessment of market value b. DC, HDC (Registered land) Section 3 as recorded iv. Transfer Grant (TG) @ 12.5% of c. Assessment of MARV by LMS c. R-NGO/HDC-CRO in the LA award Book the value of non-masonry d. Title updating d. DC (kutcha) and semi-puccaa nd 5% e. Payment of CCL e. DC for masonry (pucca ) structure f. APs will be fully informed of the f. R-NGO, HDC-CRO assessed by PVAT entitlements and procedures for getting v. Owner will be allowed to take all those g. HDC-CRO/R-NGO salvageable materials (free of g. Additional grant to cover the MARV of h. HDC-CRO/R-NGO cost) without delaying the project the structure work h. Allowed to take away the salvageable vi. Re-Construction Grant (RCG) @ i. TG @ 12.5% or 5% of the assessed value i. HDC-CRO/R-NGO 12.5% of the value of all of the structure structures assessed by the PVAT j. RCGs @ 12.5% of the assessed value of j. HDC-CRO/R-NGO for titled owners the structure vii. Special assistance for Female k. Special Assistance to Female Headed k. HDC-CRO/R-NGO Headed/Vulnerable Households/Smaller IP Groups by Households/smaller IP groups @ category of the structure Tk 2,000, Tk 3,000 and Tk 5,000 l. Homestead loser will be eligible to get for kutcha, semi-pucca and pucca Homestead Development Grant l. HDC-CRO/R-NGO structure m. Special assistance to Vulnerable viii. Land/Homestead Development Households with disabled family member Grant (LDG/HDC) assessed by m. HDC-CRO/R-NGO PVAT (if applicable) ix. Special Assistance of Tk 5,000/ for Vulnerable Households having disabled member in the family 8 Loss of Access to any Farmers, tenants and i. Grants for Transition Allowance a. Individuals identified by the census/SES as a. INGO, HDC Cultivable Land /pond by sharecroppers of the equivalent to one year's net farmer, tenant or sharecropper of land Farmers, Tenant/ land under contract income from the cultivable land b. Cash grant as determined by assessment b. HDC- CRO/R-NGO Sharecroppers including as identified by the to farmer, tenant/ sharecropper, will be paid after taking possession of the cultivators of communal SES to be based on Current Market Value land c. R-NGO HDC land compensated during (MV) assessed by PVAT of the c. The land owner (registered/leased in implementation of crops/fish from headman) certifies the tenancy LARP d. SES will identify the farmer (cultivator of d. R-NGO/ HDC common land), tenant /share cropper and endorsed 39 Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation No Person (EP) Responsibility 9 Loss of Trees/Perennials Persons with i. Market price of the tree as CCL i. Assessment of loss and market value of a. HDC/R-NGO-CRO on registered land ownership of the determined by DC with the loss land (registered) assistance from other relevant where the trees are agencies ii. Payment of Cash Compensation for the b. HDC /RNGO-CRO located and crops are ii. Additional Grants to cover MARV losses. grown at the time of of the tree, based on taking possession for productivity and age of trees the project and value of the fruit assessed by iii. Additional cash grant to cover the RV of c. R-NGO/HDC PVAT the lost tree/perennials (if necessary for iii. Additional 30% of assessed value registered land owner) as compensation for fruit bearing iv. owner will be allowed to fell and take the trees with timber tree and fruits, after payment of iv. One time crop of each grown up compensation tree (like banana tree) v. Tree losers will be encouraged to plant more trees by providing 5 saplings free of cost to each affected households. 10 Loss of Trees/Perennials Persons with i. Grants for Compensation at the i. Assessment of loss and market value of a. HDC/R-NGO-CRO on common property ownership of the MV, based on productivity and the loss land (common age of trees and value of the fruit ii. Payment of Cash Compensation for the b.HDC/INGO-CRO property) where the assessed by PVAT losses trees are located and ii. Additional 30% of assessed value iii. Additional cash grant to cover the c. INGO/HDC crops are grown at as compensation for fruit bearing replacement value of the lost the time of taking trees with timber tree/perennials (if necessary for possession for the iii. One time crop of each grown up registered land owner) project tree (like banana tree) v. owner will be allowed to fell and take the iv. Tree losers will be encouraged to tree and fruits, after payment of plant more trees by providing 5 compensation saplings free of cost to each affected households. 11 Loss of Owner of the i. Cash Grant as compensation for a. Payment of structure cost a. HDC- CRO/R-NGO Residence/Commercial structure identified the structure at market value Structures by Owner on by SES assessed by PVAT b. Verification of SES and other records b. R-NGO/HDC Common land ii. TG @ 12.5% of the value of kutcha and semi-pucca and 5% c. APs will be fully informed about their 40 Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation No Person (EP) Responsibility for pucca structure assessed by entitlement and assisted in obtaining it c. R-NGO/HDC PVAT d. A TG to each household will be paid iii. Owner will be allowed to take all before/during vacating the project sites salvageable materials (free of e. Reconstruction Grant for each structure d. HDC-CRO/R-NGO cost) without delaying the (household/commercial ) will be paid project work before/during vacating the Project site iv. RCG @ 12.5% of the value of all f. Special assistance to Female e. HDC-CRO/R-NGO structures assessed by the PVAT Headed/Vulnerable Household/Smaller IP for titled owners Groups

v. Special assistance for female headed, vulnerable households, f. HDC-CRO/R-NGO smaller IP groups @ Tk 2,000, Tk 3,000 and Tk 5,000 for kutcha, semi-pucca and pucca structure 12 Loss of access to Tenants renting / i. One-time cash grant for a. Verification of SES Records and other a. R-NGO/HDC-CRO house/commercial leasing the property facilitating alternative housing Records structure (rented or as identified by the /structure assessed by PVAT b. HDC-CRO leased) Socio-Economic b. A Shifting Allowance per unit will be paid Survey (SES) before relocation from project sites 13 Loss of residence by Heads of Household i. Cash grant as Compensation for a. CCL for structure if recognized by DCs a. DC informal occupying the lost structure (if owner) as b. Verification of SES data and the Award settlers/encroachers or homestead land per assessed values/price by DC Book b.R-NGO/HDC unauthorized occupants illegally or squatting provided certified by the land c. Compensation for loss of structure (as on some registered land on RoW as identified owner mentioned in Sl No. 11) c. R-NGO/HDC-CRO (may be some government by SES ii. the owners income is under the d. Transfer or shifting cost per household (as /private poverty line will get grant mentioned in Sl NO. 11) d.HDC-CRO R-NGO institution/organization) /training from the Social Development Grant (SDG) iii. Cash grant for shifting of the house from RoW 14 Loss of Business by Owner/Operator of i. Business Restoration Grant (BRG) a. All persons recorded by the SES a. R-NGO/HDC shops/business owners the business as to owners, renters and b. Cash grant to be paid before leaving the due to dislocation recorded by the SES leaseholders assessed by PVAT project land ii. Non tilted shop owners above b. HDC-CRO/INGO the poverty line will not be 41 Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation No Person (EP) Responsibility eligible for business restoration grant 15 Loss of Income, Workers of affected i. One time cash grant for 30/90 a. All persons recorded by the SES a. R-NGO/HDC-CRO Employment/ Work business as recorded days at the rate of local wage b. Cash grant to be paid before taking b. HDC-CRO/R-NGO Opportunity Of Full-Time in the SES rate (30 days in commercial area possession of land /Part Time Workers and 90 days in agriculture area) c. Involvement of the EP in Project civil c. R-NGO/HDC-CRO works 16 Loss of Access To Utility Owner of the i. Cash grant as compensation for a. Payment of compensation for the losses a. HDC Services Such As Piped structure with utility the utility facilities at Current assessed by PVAT Water Supply, Gas, services Market Value assessed by PVAT b. Verification of SES and other records b. R-NGO/HDC Electricity, Sewerage Line, identified by SES ii. One time Cash grant to c. APs will be fully informed about their or Telephone. transfer/re-installment the utility entitlement and assisted in obtaining it c. R-NGO/HDC-CRO service to new location d. A transfer/ re-installment grant for identified utilities to each household/ structure owner (renter) will be paid during d. HDC-CRO or after vacating the project sites

17 Loss of community Community as a i. Cash grant as Compensation for a. Compensation based on PVAT and Prior a. HDC facilities/common whole where the APs structure Informed Consent of IPs affected. property including will relocate ii. Transfer Grant b. Cash grant for transfer /reconstruction of common forest resources iii. Reconstruction/Improvement of structure b. HDC-CRO/R-NGO by Aps The Community Facilities/Common Property Resources iv. Forestations for the community

42 VI. Community Consultation and Participation

A. Consultation and stakeholders’ participation

68. The entire LAR process, from gathering relevant data for impact assessment, and facilities and development of appropriate options for resettlement of the affected people, has been carried out with extensive consultation and participation of the APS, SAPS and others relevant institutional stakeholders. For the purpose of elaborating of the present LARP, a number of such consultation meetings were held, as detailed in the Annex - 1 which shows the schedules and contents of discussion with the stakeholders.

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

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

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

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

Figure 5: Consultation Meeting at Pachupara, Betbunia B. Information Disclosure 71. A summarized version of the LARP will be printed as a booklet in Bengali and disclosed to the APs/SAPs once the cut-off date is established. Given that a significant number of the APs and the neighboring communities are not able to read in Bengali, special group discussions will be held with the APs and the communities in presence of the community elders/leaders. Finally, the LARP will be hosted on the ADB/CHTRDP website for public access and scrutiny.

43 VII. Grievance Redress Mechanism

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

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

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

75. The composition, role and functions of the GRC, RAC and ADRF is provided in the subsequent sections of this document on pages 50-52 which is validated through the MoCHTA Executive Order (Ref. No 29.226.014.00.00.203-2013-462). The overall GRC mechanism is provided in the flow chart next page-44.

44 Figure 6: Grievance Redress Mechanism

45 VIII. LARP (Safeguard Issues) Implementation Arrangements

75. MOCHTA is the Executive Agency for the project with CHTRC having the responsibility of implementing Agency. The office of the Project Director is established within CHTRC with responsibility for the overall management and coordination of the project. A Safeguard and Quality Monitoring Cell (SQMC) has been already established in the office of the Project Director with the following two-fold reporting responsibilities: (1) to the Project Director; and (2) independently to ADB. The role of the SQMC will be to ensure that the project is implemented with due concern for safeguards and quality and, specifically to ensure that these issues are adequately addressed to the requirements of ADB(see also on page 52).

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

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

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

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

46 Figure 7: Project Implementation Arrangement

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

Key Institutional Stakeholders in the LAR Guidelines Implementation

Oversight and Policy Guidance & Backstopping • Local Government Engineering Department (LGED) • District Project Management Office (DPMO) • Hill District Council (HDC) • Project Management Office (PMO) • CHT Regional Council (CHTRC) • Ministry of CHT Affairs (MoCHTA) • Safeguard Quality & Monitoring Cell (SQMC) • Project Implementation Consultant (PIC) Specific to Implementation of LAR Activities • Resettlement Advisory Committee (RAC) • LAR Assessment/Estimation Committee (LARAEC) • Property Valuation Assessment Team (PVAT) • Alternative Dispute Resolution Forum (ADRF) • Grievance Redress Committee (GRC) • Non-Government Organizations (NGOs) • Office of the Deputy Commissioner • Office of the Circle Chief and Headmen

A. LARP Implementing Organizations

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

A.1. Oversight and Policy Guidance & Backstopping

Local Government Engineering Department (LGED)

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

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

48 District Project Management Office (DPMO)

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

Hill District Council (HDC)

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

Figure 8: Resettlement Organization Chart

49 Project Management Office (PMO)

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

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

CHT Regional Council (CHTRC)

86. CHT Regional Council is the lead implementing agency of CHTRDP II and the honorable Chairman is the ex-officio Chairman of the Regional Coordination Committee (RCC). Similar to NPSC, the RCC is composed of members from relevant government agencies and department and CHT representatives is responsible for the overall coordination and management of day to day implementation of the project, carried out by i) The Hill District Councils (HDCs), ii) Local Government Engineering Department (LGED), iii) the Project Management Office and (iv) Participating NGOs.

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

Ministry of CHT Affairs (MoCHTA)

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

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

88. As regards LAR, MoCHTAs role is crucial. It issues the requisite policy and legal orders in the form of government circular and ordinance to legally sanction the LAR activities and where, such orders/ordinance requires the involvement of other agencies of the government, it ensures the necessary facilitation and mobilization. Most importantly, MOCHTA issued the

50 EO (already mentioned above) to give administrative sanction to the CHTRDP IIs LAR activities. Safeguard Quality & Monitoring Cell (SQMC)

89. The SQMC is an Independent entity comprising two national consultants who will ensure that the Project is implemented with due concern for safeguards and quality and specifically to ensure that the following issues are adequately addressed in accordance to the respective ADB policies and guidelines related to 1) compensation for land asset acquisition; 2) compensation for loss of income; 3) continuing tenure of land by the original users; 4) gender; 5) indigenous people; 6) environment, and 7) quality of work necessary to ensure sustainable outputs.

Project Implementation Consultant (PIC)

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

A. 2. Specific to Implementation of LAR Activities

Resettlement Advisory Committee (RAC)

91. The role of the Resettlement Advisory Committee (RAC principally comprises of providing policy guidance and support in the LAR related activities of CHRDP II. Occasionally, it may meet with cases of grievances from the complainants when the verdict of the GRC would require further scrutiny. 51 92. The RAC will sit as and when require and will be composed of the following;

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

LAR Assessment/Estimation Committee (LARAEC)

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

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

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

Property Valuation Assessment Team (PVAT)

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

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

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

Figure 9: Property Valuation Advisory Team (PVAT) Procedure of Determining Valuation

Alternative Dispute Resolution Forum (ADRF)

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

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

53 Grievance Redress Committee (GRC)

98. The composition of the GRC is as follows;

• Chairman or Representative, HDC, Chairperson • Representative, DC Office • Land Officer, HDC, Member • NGO representative, Member Secretary • Representative, Headmen Association, Member • Representative, Union Parishad, Member • 2 representatives of the APs, Members (at least 1 being a woman)

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

Non-Government Organizations (NGOs)

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

• Facilitate and assist in the different steps of the LAR implementation process; from socio-economic survey to compensation, relocation and income generation • Facilitate in the redress of the grievances cases from the communities and the APS. • Formulate/prepare the LARPs under the overall guidance of the Resettlement Specialist and PMO/DPMO. • Facilitate the PMO/DPMO and other relevant institutional agents in the effective implementation of the LAR activities. • Prepare an information disclosure plan for each sub-project under the RR and take initiative for their proper dissemination and disclosure among all the relevant stakeholders and general public. • Set up pertinent monitoring formats, supervision and reporting mechanism and for the LAR activities with the full participation of the communities • Finally and most importantly, ensure the full participation and consultation of the communities and affected persons in the LAR activities by following the principles and modalities of the FPIC.

Office of the Deputy Commissioner

101. The DCs have the power to acquire titled land and to assess compensation of properties thus acquired. CHT law provides the power to the DC, who conducts the acquisition through the Land Acquisition Officer (LAO). The LAO or his/her appointed officers, along with HDC, PMO and R-NGO staff, will conduct a joint physical verification of property on the land in accordance with the LARP which will be prepared by R-NGO and submitted to PMO for their necessary review and onward transmission to CHTRC and ADB for further necessary action. The DCs are responsible for the entire acquisition process and compensation. HDC/R-NGO will 54 liaise with the concerned DC office to complete the land acquisition process in a timely fashion.

Office of the Circle Chief and Headmen

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

55 IX. Compensation and Resettlement Budget

A. Compensation, Relocation and Income Restoration

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

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

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

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

106. The SAPs will be paid, in addition to above, a lump-sum amount as income restoration grant to be decided by the PVAT. Similar grant will also be made in favor of the female headed households. Further, both categories of affected households will be provided with opportunities for Income Generation Activities (IGAs) with due consideration of their preferences CHTRDP IIs Micro Agro business Development (MAD) component will provide opportunities for SAPs to choose IGAs appropriate to their situation.

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

56 B. Resettlement Budget and Financing 108. The budget below is tentative with a margin of error of+-10%.As the LARP is currently being elaborated, the DC office provided the necessary estimate for CCL which (did on 17/07/14). Similarly, the estimate for the customary ownership lands waits for completion by the competent authority i.e. the concerned mouza headmen and the office of the Circle Chief. Consequently, the meeting of the PVAT is held on last 21 July.

109. The PVAT meeting(The summary points of the minutes are attached to the present LARP in (Annex - 3)took a number of important decisions, namely:

• It considered the CCL determined by the office of DC sufficient as compensation amount to compensate for the ongoing market value. So it decided not to include any more additional amount as MARV for all types of land under LAR. • Therell be equally no MARV for the structures as the CCL amount was found sufficient to compensate for the market value • With the unresolved ownership issue with the Forest Department and to expedite the construction of the road, the APs, SAPS and affected villagers voluntarily agreed not to make any claim of compensation for the trees. However, they will be allowed to fell down the trees and sell the timber or make them for domestic use. PVAT accepted the decisions of the APs, SAPs and affected communities.

110. The budget below reflects the above decisions of the PVAT meeting. The total budget amount for the LARP is estimated at TK. 17,734,108.73(US$ 230,313 @ TK. 77.00). The detailed breakdown is provided below:

57 Table - 15: Budget of BetbuniaChairy Bazar to Laxmichari Road via Barmachari

Sl. Rate Amount Description Unit Quantity No (TK) (TK.) US$) A Land with types (land to be acquired) 1 Settlements(homestead/Vita) Decimal 37.28 9243 344579.04 2 Agriculture 0 0 a) Arable land Decimal 309.08 9,243 2856826.44 b) Hilly land (tila) Decimal 1133.74 9,243 10479158.82 Sub Total of land acquisition cost 1480.1 13,680,564.30 Trees (calculated based on average B rate per annum) Not applicable Sub-Total of (A-B) 13,680,564.30 C Structures House/shop made of bamboo and 1 wood. Concrete floor and roof with CI SFT 616 825 508,200.00 sheet House/Shop made of bamboo and 2 SFT 1356 525 711,900.00 mud floor House/shop made of bamboo and 3 SFT 216 450 97,200.00 roof with CI sheet (mud floor) Sub-Total of structures 1,317,300.00 2% contingency by DC on Land and 299,957.28 structure cost Total cost of land and structure(A-C) 15,297,821.58 a. 12.50% Transfer grants of Katcha D house 109,775.00 b. 12.50% Reconstruction grant of Katcha house 109,775.00 c. Stamp duties and registration fees for replacement land purchase by all NA registered land owners @ 7% of the MARV Project Disclosure, public E consultation and FGDs, surveys, 150,000.00 training and income restoration Sub total (D-E) 369,550.00 Sub total (A-E) 15,667,371.58 Contingency @ 10% of the sub total F 1,566,737.16 (A-E) Social Development activities for G SAPs (tree plantation 5 nos =1 family 350,000.00 etc.) H Implementing Agency Operation Cost 150,000.00 Total Cost TK/US$ @TK. 77.00=US$ 17,734,108.74 230,313.10

58 X. LARP Implementation

A. LARP implementation Schedule

111. The LARP will be implemented over a period of 11 months; from December 13 October 14. This is the first case of implementation for CHTRDP II and as such, serves as the pilot. However, the implementation of the subsequent LARPs will be ensured within 3 months. The implementation period includes from socio-economic survey to payment of compensation and the income restoration grants and support to IGA activities to the SAPs and female-headed households. The overall process also includes the meetings of the various committees (LARAEC, PVAT, GRC, ADRFs, etc.) for taking relevant operational decisions and resolution of grievances and disputes. This is elaborated in the Chart below;

Table 16: Implementation Schedule (3 months) Month M1 M2 M3 LARP Planning Census/Socio-economic Survey Draft LARP Agricultural Land Survey Revised LARP/FinalLARP Hiring of LARP implementing Agency/NGO Site Office of NGO Relocation Activities Community Consultation Final list of APs Final Notice to APs/CBEs/Others Formation of RAC & GRC Completion of Land acquisition process

Payment of CCLbyDC Payment of transfercosts Relocation of APs/CBEs/other structures Project Land hand over to contractor Resettlement Activities Income Restoration grant Business restoration grant Payment of MARV by HDC VGs Social Forestry program/Roadsideplantation Monitoring and Evaluation Internal Monitoring External Monitoring Evaluation of the Project

59 B: Monitoring and Evaluation

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

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

B.1. Internal Monitoring

114. Internal monitoring will be carried out by the PMO. The district resettlement Officer (DRO), assisted by the field staff at HDC District office and the RNGO, will establish a monthly monitoring system and prepare a monthly progress report on all aspects of LARP implementation. The initial Census and SES will provide the benchmark data and periodic surveys will be carried out to measure changes against this baseline data using monitoring data. In assistance with District and Upazila engineers, the R-NGO, the PIC Resettlement Specialist (RS), the PD at the PMO will monitor land acquisition and resettlement. A Management Information System (MIS), to be designed and maintained by the Benefit Monitoring & Evaluation Specialist of the PIC, will meticulously maintain all the related records and information including on the affected persons and communities, amount of compensation and the measures for the redressing of the grievances. Further, all the roads and village access will include Geographic Information System (GIS) coordinates in the MIS. As regards latter, the GIS Specialist will be responsible for the maintenance and update of the system. Table 15 indicates the potential monitoring indicators

Table 17: Potential Monitoring Indicators

Monitoring Issues Monitoring Indicators Budget and time frame • Have all land acquired and resettlement staff been appointed and mobilized for field and office work on schedule • Have capacity building and training activities been completed • Are resettlement implementation staff being achieved against agreed implementation plan? • Are funds for resettlement being allocated to resettlement agencies on time? • Have resettlement offices received the schedule fund? Have funds been absorbed according to LARP? • Has all land been acquired and occupied in time for project implementation? Delivery of AP • Have all APs receive entitlements according to numbers and categories of loss Entitlements set out in the entitlement matrix? • Have APs received payment on time? 60 • Have all APs received agreed resettlement benefits as per schedule of payment? • How many affected house-holds have received compensation for titled land? • How many affected house-holds relocated and built their new structure at new location? • How many APs are being able to purchase replacement land? • Are APs able to access to school, health service, cultural sites and activities? • Are income and livelihood restoration activities being implemented as planned? • Have affected farmers received entitlements? • Have affected business received entitlements? • Have the APs losing their livelihood received their entitlements? • Have APs losing their eroded land received proper compensation? • Have properly identified users of IP Common Land been compensated? • Have the squatters, encroachers of Khas land or LGED/ or other government of Bangladesh (GoB) land displaced due to the project been compensated? • Have the community structures are compensated and rebuilt at new site? • Are host communities sufficiently assisted for civic amenities where necessary?

Consultation, Grievances • Have resettlement information brochures/leaflets been prepared in Bangla and Special issues and distributed? • Have consultation taken as scheduled including meetings, groups, community activities? • How many APs known their entitlements? How many know if they have been received? • How many APs used the grievance redress procedures? What were the outcomes? • Have conflicts been resolved? Benefit Monitoring • What changes have occurred in income and expenditure patterns compared to pre-project situation? • Have APs income kept pace with these changes? • What changes have occurred for vulnerable groups?

B. 2. External Monitoring

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

61 Table 18: Indicators for External Monitoring and Evaluation

Monitoring Indicators Basis of Indicators Basic information on AP House- • Location holds • Composition and structure, ages, education and skill levels • Gender of House-holds heads • Ethnic identity of the house-holds • Access to health, education, utilities and other social services • Housing type • Land and other resources and using pattern • Occupation and employment pattern • Income sources and levels • Agricultural production data • Value of assets forming composition and resettlement benefits Reconstruction of living • Were house compensation made free of depreciation, fees of standards transfer costs to the APs? • Have APs achieved replacement of key social and cultural element? Reconstruction of Livelihoods • Were compensation payments free of deduction of depreciation, fees or transfer cost to the APs • Were compensation payments sufficient to replace lost assets? • Was sufficient replacement land available of suitable standard? • If costs were involved, did the transfer and relocation payment cover these costs? • Was the income substitute payment sufficient for the period of transfer? • Have the commercial enterprises affected received sufficient compensation and re-established them? • Have vulnerable groups been provided affective income earning opportunities? • Have the vulnerable APs provided with jobs in project civil works?

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

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

62 Annex

1. Community Consultation Meeting details 2. Survey Questionnaire 3. PVAT Meeting Summary 4. The Executive Order is attached as annex-7 5. A note by the SSS in the PIC team

63 ANNEX-1. COMMUNITY CONSULTATION MEETING DETAILS

Location, No of SI Date and Participants and issue discussed Participants time

Pachupara A total of 26 Affected Persons /SAPs were present in the consultation meeting , Betbunia such as Land owners, Structure owners, farmers, businessmen, teacher, etc. The Union, Male-15, participants actively took part in the discussion. Objective of the CHTRDP-II Kawkhali 1 Female 11 project, cut-off date of the survey, compensation and resettlement benefits, dated Total-26 procedure of getting compensation and resettlement benefits, relocation of 23.11.13 houses and business enterprises, etc. have been discussed in the consultation Time: 2.00 meetings. PM A total of 29 AP/SAP were present in the consultation meeting who will lost land, Structure, businessmen, income etc. attended the meeting. Dabua Headman The meeting was held with prior notice to the affected people through Mouza Para, Head/UP Chairman and personal contact. Objectives of the consultation meeting, Fatikchari Male-26, cut-off date of the survey, Schedule of the resettlement work, compensation and Union, 2 Female-3 resettlement benefits, procedure of getting compensation and resettlement Kawkhali Total 29 benefits, relocation of houses and business enterprises, etc. have been discussed Upazila in the consultation meetings. 23.11.13 Time: 4.00 Mrinal Kanti Chakma, SSS, PIC, PM, Taungya have elaborated the issues to the PM affected persons.

A total of 56 AP/SAPs were present in the consultation meeting who will lost land, Structure, businessmen, income etc. attended the meeting. Dabua Headman The meeting was held with prior notice to the affected people through Mouza Para, Headman and personal contact. Objectives of the consultation meeting, cut-off Male-40, Fatikchari date of the survey, Schedule of the resettlement work, compensation and 3 Female-16 Union resettlement benefits, procedure of getting compensation and resettlement Dated benefits, relocation of houses and business enterprises, etc. have been discussed 29. 01.14 in the consultation meetings. Time: Biplob Chakma, ED Taungya, PM, Taungya have explained the issues to the affected persons. S.M Chowdhury, Headman of Fatikchari Union and UP Chairman presided over the meeting.

Dabua A total of 30 affected persons were present in the consultation meeting such as Headman land and structure owners, tree owners etc. Para, The participants actively took part in the discussion. Suithowai Prue Karbari of Fatikchari Dabua Para and AP presided over the meeting. The meeting was held with prior Union, Male-19, notice through personal contact to the affected people of the area. Schedule of 4 Kawkhali Female-11 the resettlement work, compensation and resettlement benefits, procedure of Upazila. Total- 30 getting compensation and resettlement benefits, relocation of houses and business enterprises, etc. have been discussed in the consultation meetings. 31.01.14 Mrinal Kanti Chakma, Social Safeguard Specialist of PIC and Bimalendu Chakma Time: Project Manager (CHTRDP-II) Taungya explained the issues to the participants. 11.30

64 Location, No of SI Date and Participants and issue discussed Participants time

A total of 33 of 14 are female affected persons were present in the consultation Pachu meeting such as land owners, structure owners, farmers, businessmen, service Para, holder etc. Betbunia The participants actively took part in the discussion. The meeting was held with Union, Male-14, prior notice through personal contact to the affected people of the area. 5 Kawkhali Female-19 Upazila Total-33 Objective of the meeting, cut-off date of the survey, Schedule, compensation and 31.01.14 resettlement benefits, procedure of getting compensation and resettlement Time: 3.00 benefits, relocation of houses and business enterprises, etc. have been discussed PM in the consultation meetings. Ruisa Aung Kabari of Pachupara presided over the meeting.

Dabua Headman A total of 130 of which 45 are female affected persons were present in the Para, consultation meeting such as land owners, structure owners, farmers, Fatikchari businessmen, tenant, service holders etc. Union, Male-85, ADB mission from Manila led be Yasmen Shiddiqi, Bishwanath Debnath, Shahidul 6 Kawkhali Female-45 Islam (SSS) of BRM explained the ADB Safeguard Policy, Resettlement and Upazila Total-130 compensation benefits of the affected persons.

18.02.14 Time: 2.00 PM

A total of 30 Affected persons of which 14 are females and villagers were present Dabua in the consultation meeting lost land, Structure, business and trees on the Headman alignment etc. Para, Fatkichari The participants actively took part in the discussion. The meeting was held with Union, Male-16, prior notice through personal contact to the affected people of the area. 7 Kawkhali Female-14 Upazila Total=40 Objective of the meeting, cut-off date of the survey and SES, Village profile, compensation and resettlement benefits, ADB SPS, compensation on customary 16.3.14 lands, procedure of getting compensation and resettlement benefits, relocation of Time: 5.00 houses and business enterprises, etc. have been discussed in the consultation PM meetings.

A total of 26 Affected persons of which 14 are females and villagers were present in the consultation meeting lost land, Structure, business and trees on the Pachu alignment etc. Para, Betbunia The participants actively took part in the discussion. The meeting was held with Union, Male-14, prior notice through personal contact to the affected people of the area. 8 Kawkhali Female-12 Upazila Total-26 Objective of the meeting, cut-off date of the survey and SES, Village profile, 17.03.14 compensation and resettlement benefits, ADB SPS, compensation on customary Time: 3.00 lands, procedure of getting compensation and resettlement benefits, relocation of PM houses and business enterprises, etc. have been discussed in the consultation meetings.

65 Location, No of SI Date and Participants and issue discussed Participants time

In the meeting it also explained that the CCL, Maximum Allowable Replacement Value etc. among the participants.

A total of 26 Affected persons of which 7 are females and villagers were present in the consultation meeting lost land, Structure, business and trees on the alignment etc. Pachupara , Betbunia The participants actively took part in the discussion. The meeting was held with Union, Male-19, prior notice through personal contact to the affected people of the area. 9 Kawkhali Female-7 Upazila Total-26 Objective of the meeting, cut-off date of the survey, CCL from DC, SES, Village profile, Alternative Dispute Resolution Forum (ADRF), compensation and 06.04. 14 resettlement benefits, ADB SPS, compensation on customary lands, procedure of getting compensation and resettlement benefits, relocation of houses and business enterprises, etc. have been discussed in the consultation meetings.

A total of 20 Affected persons of which 4 are females and villagers were present in the consultation meeting lost land, Structure, business and trees on the alignment Dabua etc. Bazar, Fatikchari The participants actively took part in the discussion. The meeting was held with Union, prior notice through Headman and personal contact to the affected people of the Male-16, Kawkhali area. 10 Female-4 Upazila Total=20 Objective of the meeting, cut-off date of the survey, CCL from DC, SES, Village 08.04.14 profile, Alternative Dispute Resolution Forum (ADRF), compensation and Time: resettlement benefits, ADB SPS, compensation on customary lands, procedure of 10.00 AM getting compensation and resettlement benefits, relocation of houses and business enterprises, etc. have been discussed in the consultation meetings.

66 ANNEX 2: SOCIOECONOMIC SURVEY QUESTIONNAIRE

Area Code Form No.

Second Chittagong Hill Tracts Rural Development Project (CHTRDP-II) Socioeconomic Survey of Affected Family and Persons due to acquisition of land

01. Particulars of household: Census Form No. 01 Name of head of T household/Institution

02 Fathers Name T

03 Mothers Name T

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

05 Village/ Road No./ Avenue No. T

06 Union /Ward T

07 Police Station T

08 District T

09 Main Profession/Occupation T

10 Indigenous people (mention tribe) T

11 Religion T

12 Membership of Organization (if any) T

13 Yearly income of the family T

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

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

Name of Interviewer _date______Signature of Supervisor __date______67 02. Particulars of household: Sl Name Relatio A S Mari Main Secondary Tota Educati Physi Own N of nship ge e tal Profess Profession/Liv l onal cal er of o house with x stat ion/ elihood ( if Year qualific status Affec hold HOH* us Livelih any) ly ation / ted memb ood inco Disabi Prop er(s) me lity erty (Starts (Tak (Yes/ with a) No) house hold head)

1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 * HOH= Head of Household

03. Particulars of land: Do you have your own land within the Project Right of Way? Yes/ No. If yes, would you please mention about the type of ownership? If answer is yes, furnish detail information about your own land. Serial Types of land Code Area of Land affected by project Area of No. No of own land Mouza Para/Plot Area residual Land (decimal) No. (decimal) Land (decimal) 1. Homestead 2. Agriculture land (1st grade land) Single Cropped Double Cropped Multi Cropped 3 Medium Hill (2nd grade land) Vita Orchard

68 Serial Types of land Code Area of Land affected by project Area of No. No of own land Mouza Para/Plot Area residual Land (decimal) No. (decimal) Land (decimal) Other crops Fallow land 4 Hill (3rd grade land) Timber/Fruit tree Forest Others 5 Jhum 6 Pond ( Cultivated) 7 Pond (Non- Cultivated) 8 Fallow land (plain land) 9 Road/community property 10 Water body/ditch 11 Others (Please mention) Total own land If answer is No

04. Affected land under community/others ownership (Khas/Relatives (Uthuli) /Others) Type of Code Mouza Plot Area of Area of Status of Comments land No. No. land acquired present (if (Decimal) land use any) (decimal)

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

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

05. Use of Community/Government land (Partial/full) adjacent to own land Type of Mouza Para Area of Area in Status of Comments land land in use affected land present (Decimal) (decimal) use

06. Cultivation related: Do you cultivate affected land by yourself? Yes/No. If answer is No In case of sharecropping, furnish details of sharecroppers

69 SL Name of Share Mauza Para/Plot Area of Size of affected Share of No. Croppers and address No (if land portion of land produce any) (Decimal) (decimal) received (Percentage) 1. 2. 3. 4.

07. Mortgage/Kat (Locally practiced mortgage) Lease/Contract-particulars: Have you taken affected land by way of mortgage/Kat/Lease/Other Contract? Yes/No If answer is yes, please furnish the particulars. SL. Nature of owner Name Mouza Para/Plot Area Area of Value of Time of Duration Amount No -ship mortgage/ & No. (if of affected Contract Contract of of kat/Lease/Contract address any) land portion (Taka) (year) Contract/ yearly of real (dec) of land Lease paid up owner (decimal) etc. taka of land 1. 2. 3. 4.

08. Particulars of trees (Individual ownership/Community/Government or owned by any other agency): A. Detail description of trees on Own land

SL. Name of Fruit Description of trees No. tree bearing Large Medium Small Plant (yes/No) No. Acquired No. Acquired No. Acquired No. Acquired 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

70 B. Detail description of trees on Community/GoB land

SL Name of tree Fruit Description of trees NO bearing Large Medium Small Plant (yes/No) No Acqui No. Acqui No. Acqui No. Acqui red red red red 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

09. Detail of structures (Homestead/CBEs/CPRs etc.) if affected: SL Use of Description of Cod Size Approximat To be Typ No structur Structure * e e Value of affected e of e Roo Wal Floo No. Unit Quantity/ structure due to land f l r No. acquisition, Yes/No. 1. 2. 3. 4. 5. 6. 7. 8. 9.

* Within or out of the ROW. Type of land code: 1- Individual ownership, 2-Owned by others, 3-Community owned, 4-Government land (if used partially or fully) adjacent to the land owned by respondent. Unit Code: 1=S.F.T, 2= R.F.T, 3= Number, 4= C.F.T.

71 10. Commercial Enterprises (Only affected):

Own Commercial Structure and Own business: SL N o SL. SL. No. following of description structure Name business of Name business of owner Fathers Name Address Amount business of capital Average monthly income from business No. of appointed Employees Whether owner of the CBE Y/N

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

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

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

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

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

15. What is source of water of your family? For drinking- Stream, Tube well, well, river, pond, other) (Put tick) For other household use- Stream, Tube-well, well, river, pond, other) (Put tick) Is the source arsenic contaminated? Yes/No/Not Known. Will acquisition of land affect sources of water? Yes/No.

72 16. For how many years you are staying at your present residence? If you have shifted to present residence, where did you live before that?

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

18. Where you and your family members use to go for medical treatment (Village/Market/Town)? (Put tick) Whom do you consult? (Ayurvedic, Physician/Allopathic / Homeopath /Healer/ Exorcist) (Put tick) What kind of treatment you take (Exorcism/ Allopathic / Homeopathy/ Ayurvedic) (Put tick)

19. How many members of your family are in service and business? Total number of service holder_____, Male Female, Total number of businessmen______, Male Female Working place of male member (own Upazila/other than own Upazila), name of district if other than own Upazila Working place of female member (own Upazila/other than own Upazila), name of district if other than own Upazila If working place of Male /Female in abroad, name of the country ______.

20. Have taken loan from any institution? Yes/No If answer is yes: Sl. # Name of Institution Amount of loan Year of loan Duration of loan received 1 2 3 4 5

21. House rent (only affected) SL No. By-SL No. Name of Fathers Name Address Monthly No. of Family from Q-9 Renter rent members 1 2 3 4 5 6 7

22. Nature of loss of respondent (mentionable) (a) Land (b) Homestead (c) Other Structure (d) Tree (e) Business (f) Crops

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

73 23. (Only in case of affected homestead/CLARP) Owner of land (self/relatives/Government/Others) Kind of loss of homestead: Partially/Fully Quantity of residual land except affected land, useable as homestead (decimal) fallow (decimal)______cultivable (decimal)

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

25. Do you like to (a) be resettled on your residual land or (b) be resettled by purchasing of new land or (c) by the project: If you be resettle by yourself, where? Nearby place In other village In Town Others (Please mention)

26. In case of affected business/industrial establishment: Name of owner of business / industrial enterprises Kind of loss of infrastructure: Partially/Fully.

27. Do you like to (a) be resettled in your own land or (b) be resettled by purchasing land or (c) be resettled by the project? If you be resettled by yourself, where? Nearby place In other village In town Others (Please mention)

28. Do you want assistance from Government for resettlement? Yes/No. If answer is yes, how? a. b. c. d.

29. If Yes, How do you like to get compensation of affected property: in cash or in kind How would you like to spend the compensation money? 1. To buy land 2.To shift house 3.To build house 4.To get training for taking new occupation 5. To get job 6.To do business 7. To marketwise the produces 8.To invest for self-employment 9.To adjustment of loan 10. Other (Please mention) 1st 2nd 3rd

* Planning according to preference

30. What are the available source/opportunities for employment in your locality? a. b. c.

74 31. Is there any requirement of training for skill development for taking up new occupation for you or members of your family? Yes/No. If answer is yes, name of training essential for you/ family members: 1. 2. 3.

Name and signature/thumb impression of the Interviewee with date

Comments of the enumerators ______

75 ANNEX 3: PVAT MEETING SUMMARY

76 77 78 79 80 ANNEX 4: THE EXECUTIVE ORDER OF MOCHTHA

81 82 83 84 85 86 87 ANNEX 5: A NOTE BY THE SSS IN THE PIC TEAM

88 89 90 91