Resettlement Plan (Draft) Draft as of 2 April 2014 Bangladesh: Flood and Riverbank Erosion Risk Management Investment Program Prepared by the Bangladesh Water Development Board for the Asian Development Bank CURRENCY EQUIVALENTS (as of 1 April 2014) Currency unit – taka (Tk) Tk1.00 = $0.01289 $1.00 = Tk77.60 ABBREVIATIONS ADB – Asian Development Bank BWDB – Bangladesh Water Development Board DDM – Department of Disaster Management DPP – development project proforma/proposal GOB – Government of Bangladesh MFF – multitranche financing facility NGO – nongovernment organization O&M – operation and maintenance PMO – project management office GLOSSARY Char – tentatively emerged islands in rivers Upazila – administrative unit under a district Union – administrative unit under a upazila NOTES (i) The fiscal year (FY) of the Government of Bangladesh ends on 30 June. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2013 ends on 30 June 2013. (ii) In this report, “$” refers to US dollars This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. 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. EXECUTIVE SUMMARY 1 Project Overview The Asian Development Bank supports the feasibility assessment of a potential future flood and riverbank erosion risk management program covering parts of the main rivers of Bangladesh named Main River Flood and Bank Erosion Risk Management Program (FERMIP). The main focus is to reduce the riverbank erosion and flood risks to the adjacent flood plains while maximizing economic activities in a sustainable and environmentally acceptable manner. The FERMIP will cover the main rivers from Bangabandhu (Jamuna) Bridge and the proposed Ganges Barrage to Chandpur, as such covering around 60 km of the Jamuna, around 20 km of the Ganges, and the whole around 100 km long Padma reach. The FERMIP identified sub-reaches with similar river and flood plain characteristics as practical subproject areas. Each sub-reach consists of several upazilas, which facilitates the data collection. In total 14 sub-reaches were identified: two each at the Jamuna Right and Left Bank (JRB, JLB), 3 along the Padma Right and Left Bank (PRB, PLB), one at the Meghna Right Bank (MRB), and two along the Meghna Left Bank (MLB). The PPTA feasibility study covered the priority investment during the first Tranche. Subsequent tranches will be identified during each previous, ongoing tranche. 2 Tranche-1 Components This RP is only forTranche-1 Jamuna Right Bank’s first Sub-Reach (JRB-1): Table ES-1: Proposed JRB-1 Interventions KM a) New Jamuna Embankment (with a 2 Km Old Embankment sub-section) 12.56 b) Rehabilitated Hurashagar/Baral Embankment 10.44 Subtotal 23 c) Riverbank Protection near the Old Embankment 1.0 Total 24 In Tranche-1, there are three other proposed Riverbank Protection (RBP) interventions on the Jamuna’s left bank (JLV): Table ES-2: Proposed JLB-1&2 Interventions KM Chauhali RBP within the Jamuna Left Bank (JLB)-2 Sub-Reach 5 Zafferganj RBP within JLB-2 Sub-Reach 2 Harirampur RBP within Padma Left Bank (PLB)-1 Sub-Reach 7 Total 14 The left bank three RBPs will also be constructed in Tranche-1, but the changing morphology of Jamuna and Padma Rivers after two flood seasons before construction can start means that the configuration of the RBPs will be considerably different by the time of the FERMIP implementation. Therefore, for budget purposes, the 1 Km unit costs of the right bank RBPs will be estimated from average costs of the JREMP& JRB-RBPs.Early in implementation, new sub-project RPs will be drafted by the construction supervision consultant (CSC)for ADB’s approval before construction will commence, following the MRB’s Resettlement Framework (RF). Measures to Minimize Impacts. All necessary efforts have been made in order to minimize Project impacts on assets and avoid disruption of livelihoods as far as possible. Extensive consultations have been conducted with the affected communities and people along the New Yamuna Embankment Row to take in their views and concerns and incorporate the same in the proposed alignment, as far as possible. Along the new Yamuna embankment, the alignment would have affected six cultural structures. In these cases, the local people were consulted and design changes made accordingly so that only two small mosques will be relocated from the Row, with the consent of the local communities. The following table summarizes the resettlement impacts due to land acquisition for the project. Table ES-3: Summary of Resettlement Impacts Issues Embankment Riverbank Protection Total Non-Agricult. Agricultural Non-Agricultural Quantum of land acquisition requirement 13.62 ha 78.58 ha 1.8 ha 94 ha Number of households affected 594 548 42 1,184 Number of persons (individuals) affected 4,200 4,393 360 8,953 3 Socioeconomic Profile of the Affected Population In the Tranche-1 Embankment (EMB) area, 594 affected households (AHs) losing structures were found on the alignment. In the River Bank Protection (RBP) area, 42 AHs were found on the alignment. The 594 AHs in the EMB area comprise 4,200 persons. Overall, the EMB and the RBP have non-agricultural 636 AHs, comprising a population of 4,560.In addition, there are an estimated 548 agricultural plot user AHs, comprising a population of 4,393. Including both the AHs losing structures and the estimated plot user AHs, there are a total of 1,184 AHs comprising a population of 8,953 APs. In the EMB area, 98% of the households are Muslim; and the remaining are Hindus or ‘other,’ while all of the HHs in the RBP area are Muslim. Almost all (99%) of the HHs in the EMB area and all (100%) of the HHs in the RBP area are mainland Bangladeshi. The remaining households (1.3%) in the EMB area are char land Bangladeshi and others. There are no indigenous people (IPs). Only 10 persons were found disabled in the EMB area. There are no disabled people in the RBP area. The gender status, impacts and issues have been specifically analyzed and documented in a Gender Analysis Report. 4 Impacts of the Tranche-1 Components (Embankment and Riverbank Protection) The Tranche-1 impacts are based on the findings of: 1) a Census and 2) an Inventory of Losses (IOL) 100% survey; and 3) a Socioeconomic (SES) and 4) an Agricultural Plot Users random cluster sample 20% survey, which were used for preparing a detailed budget. For the embankment (EMB) and riverbank protection (RBP) construction, a total of 94 ha of land will be acquired, which includes 88 ha for the EMB and 1.8 ha for the RBP construction and 4.2 ha for structures. On this land, there is a total of 1,184 affected households (AHs), 1,142 on the EMB and 42 on the RBP. This includes an estimated 548 agricultural plot users on 78.58 ha of agricultural land. The AHs include a total of 4,560 affected persons (APs). An estimated 4,393 APs are agricultural plot users. Out of the 636 AHs on the embankment and riverbank protection area losing structures, 590 will lose homestead structures, while the remaining 46 will just lose commercial structures. Most of these 590 AHs own the land, they live on, just 216 AHs have no title for the land they use. 264 AHs own the land and the rest of 110 AHs lease the land from private owners. On the 1.5 Ha Old Embankment (OE), which belongs to BWDB, there are 190 AH river erosion refugees, who are technically squatters. 5 Consultations, Disclosure and Participation The public consultation process in the project area began in 2012-2013, as part of the first pre- feasibility study. Public Consultation Meetings (PCMs) and Focus Group Discussions (FGD) provided the affected households opportunities to express their concerns about land acquisition, compensation, and resettlement. At the detailed design (DD) stage, an RP for the core Tranche-I subproject(s) will be prepared, updated and implemented in close consultation with the stakeholders and will involve focus group discussions (FGDs) and meetings, particularly with the affected households (AHs Summary of draft RPs will be translated in Bangla and will also be made available at the upazila office and union parishad (local council). The summary of the RPs will be disclosed on the ADB’s website, and the consultation will continue throughout the project implementation period. An information booklet in English and Bangla has already been designed for approval of the Gob for distribution among the APs as the primary tool for disclosure. Page ii 6 Grievance Redress Mechanism A project level GRC will be composed of: a) Representative from BWDB – Convener(Executive Engineer (Field)/Equivalent); b)Chairman concerned Union Parishad – Member; c)Representative from APs – Member; d)Sub Assistant Engineer From BWDB - Member Secretary. The GRC will be meeting all APs who have grievances informally as well as formally to ensure speedy and out of court settlement of as many disputes as possible. Irrespective of the GRC decisions, an aggrieved person will be free to access the country’s legal system at any stage of the grievance redress mechanism. 7 Legal and Policy Framework The principal legal instrument governing land acquisition in Bangladesh is the Acquisition and Requisition of Immovable Property Ordinance II (1982) and subsequent amendments of the Ordinance II (1989/93/94) and other land laws and administrative manuals relevant to allusion/delusion land, char and khas land administration in Bangladesh.