Land Acquisition and Resettlement Plan
Project Number: 46378-002 April 2020 PAK: Central Asia Regional Economic Cooperation Regional Improving Border Services Project Chaman Border Crossing Point
Prepared by the Project Management Unit of the Federal Board of Revenue, Government of Pakistan for the Asian Development Bank.
This is an addendum to the LARP originally posted in May 2015 available on https://www.adb.org/projects/documents/pak-carec-ribs-chaman-bcp-improvement-may-2015-rp.
This addendum to the land acquisition and resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s 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 or any territory or area. Addendum to Land Acquisition & Resettlement Plan (LARP), Chaman Border Crossing Point (BCP)
PAK: Central Asia Regional Economic Cooperation (CAREC)- Regional Improving Border Services Project-Chaman Border
29 April 2020
Prepared by the Project Management Unit- Federal Board of Revenue (PMU FBR)
TABLE OF CONTENTS
1. INTRODUCTION / PROJECT DESCRIPTION ...... 2 2. UNANTICIPATED IMPACT TO BUZGAR LAND AND NEED FOR ADDENDUM ...... 2 3. PUBLIC CONSULTATIONS AND DISCLOSURE ...... 2 3.1. Information Disclosure ...... Error! Bookmark not defined. 4. GRIEVANCE REDRESS MECHANISM (GRM) ...... 3 5. ELIGIBILITY AND ENTITLEMENT MATRIX ...... 3 6. BUDGET AND FINANCING ...... 3 7. IMPLEMENTATION SCHEDULE ...... 4 8. MONITORING ARRANGEMENT ...... 4
LIST OF TABLES
Table 1. Facilitation/ Coordination Committee ...... 3 Table 2. Breakdown of Resettlement & Rehabilitation Budget ...... 4 Table 3. Implementation Schedule ...... 4
LIST OF ANNEXURES
Annex A: Location Map ...... 5 Annex B: Inventory of Buzgar Rights and Livelihood Restoration Support ...... 6 Annex C: Copy of SC Letter & List of APs with Buzgar Rights ...... 7 Annex D: Letter of SC for Livelihood Restoration Support ...... 8 Annex E: List of Participating APs ...... 9 Annex F: Pictures of Consultation with APs for Addendum Preparation ...... 10 Annex G: Notification of Grievance Redress Committee (GRC)- Chaman ...... 11 Annex H: Entitlement Matrix for Chaman BCP ...... 12 Annex I: MOM of Project Steering Committee ...... 13 Annex J: Notification of Land Acquisition and Resettlement Committee (LARC) ...... 15
ABBREVIATIONS
ADB Asian Development Bank AP Affected Person CAREC Central Asia Regional Economic Cooperation CSC Construction Supervision Consultant EMC External Monitoring Consultant FBR Federal Board of Revenue GOP Government of Pakistan GRC Grievance Redress Committee LARP Land Acquisition and Resettlement Plan NLC National Logistic Cell PMU Project Management Unit RIBS Regional Improving Border Services Project SC Southern Command SPS Safeguard Policy Statement 2009
GLOSSARY In the context of involuntary resettlement, APs are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and / or economically affected (loss of land, assets, access to assets, income sources, Affected persons or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.
Tenancy at Will Rights usufruct rights granted to the local over Govt land for grazing and agriculture, and documented as such in the Revenue Record, Buzgar Right The Buzgar Rights are not hereditary and can be only up to the age of the person to whom originally allotted.
Payment in cash or in kind for an asset or a resource that is acquired or Compensation affected by a project at the time the asset needs to be replaced.
Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to APs Entitlement in the respective eligibility category.
Page 1 of 16
A. Introduction / Project Description 1. The Government of Pakistan is currently implementing the Central Asia Regional Economic Cooperation (CAREC) – Regional Improving Border Services (RIBS) Project with financial assistance of Asian Development Bank (ADB). The project aims to modernize Pakistan’s border point infrastructures providing quality border-crossing services including reduced cross-border processing time for passengers and cargo at three border crossing points (BCPs) of Torkham, Chaman and Wagha; improvements of the infrastructure, facilities and equipment at all three BCPs; establishment of Pakistan Land Port Authority (PLPA) and improved knowledge and skills of BCP operating agencies. 2. Construction of Chaman BCP required a total of 165.21 acres of land. According to the Government’s Revenue Record, the entire land is located in the revenue estate of “Khushakaba Damane Sarkari”. The land is government owned but local people are allowed the right of “tenant at will” (locally called “Buzgar Ta Beh Marzi) for use of land as agricultural or grazing purpose only. This “tenant at will” right remains in practice only until the person is alive and/or Government revokes it. In terms of possession, all land is primarily possessed by Pakistan-Army but in terms of its use 40 acres are with Chaman BCP operating Authority- National Logistic Cell (NLC) and Federal Board of Revenue (FBR-project executing agency) while remaining 125.21 acres are with Southern Command (SC) of Pak-Army. B. Unanticipated Impact to Buzgar Land and Need for Addendum 3. During the preparation of original LARP and its updating, the 125.21 acres of land was envisaged as government land but managed by SC as Army A1 Defense land and, as such, free from any private use. However, later during implementation about 56.9 acres of land turned out to have 11 local people (APs) having the “tenant at will”/Buzgar Ta Beh Marzi right but his situation was not anticipated at the time of LARP preparation and later during its updating. Furthermore, these APs also had their small businesses being affected due to the anti-terrorism war and fencing along Pak-Afghan border. Realizing the need for assistance to these APs, the SC and FBR decided to support them in restoration of their livelihoods in accordance with consultations carried out by LAR committee including the safeguard/resettlement specialist of construction supervision firm. The APs agreed to compensation package amounting to Rs. 750,000/- per acre (See more details in Annex C & D). Thus, in view of this ground reality, this addendum was needed to document and compensate the 11 APs as an additional or unanticipated impact. C. Public Consultations and Disclosure 4. Consultations for preparation of this addendum were held in January & February 2020with APs(see list of participating APs and photos at Annexed E&F).Due to law &order situation and local custom, these consultative meetings convened by SC to understand the perspective & concerns of locals, their demands and compensation package to avoid any misunderstanding or dispute later during disbursement of compensation as well as methodology of compensation disbursement and possible timing of compensation payment to which APs agreed (Annex D). 5. To maintain transparency in preparation of addendum, project information was disseminated to APs and other stakeholders. FBR has informally constituted a committee to
Page 2 of 16
facilitate APs’ participation in meetings with PMU and SC. Table 1 presets the facilitation/coordination committee. Table 1. Facilitation/ Coordination Committee
S.No Name Designation 1 Brig (R) M. Rafeeq Director, SWOG& Land, Southern Command 2 Lt. Cl. Faisal bin Sabir Lt. Colonel, G1 Land, SC 3 Lt. Cl. Khurram Lt. Colonel, CO 18 PR 4 Muhammad Waqas Audit Officer, PMU-FBR Quetta 5 Abdul Jabbar Khan M&E Officer, PMU-FBR Quetta 6. ADB approved addendum will be translated for easy understanding of APs and will be placed in the project offices and SC office so that APs can access it any time for information. A copy of final addendum concurred by ADB will be disclosed on ADB’s website. D. Grievance Redress Mechanism (GRM) 7. The same GRM as provided in ADB approved LARP is also applicable to APs of this addendum (Annex G). A community complaint register will be placed in office of CSC at project site. M&E specialist of PMU-FBR will maintain and keep record of APs complaints. E. Eligibility and Entitlement Matrix 8. Eligibility and entitlement matrix prepared for approved LARP in line with Pakistan’s law/ regulations applicable in Baluchistan and SPS 2009 is being followed/used in this addendum to compensate 11 APs (Annex H). F. Budget and Financing 9. According to the decision reached by the Project Steering Committee on 19 February 2020 (Minutes attached as Annex I), PMU FBR will transfer required amount to Southern Command for disbursement to APs under supervision of Land Acquisition and Resettlement Committee (LARC) already formed and agreed upon for this purpose (Annex J). SC will disburse compensation to all APs in a transparent process through bank accounts of APs as well as keep record of CNIC/passport, scroll/receipts of payment of compensation with signature/thumb impression and Buzgar rights documents of land. The required payment of compensation and allowances for this Addendum is PKR. 43.14million. Table 2 below provides the breakdown of Resettlement and Rehabilitation Budget.
Page 3 of 16
Table 2. Breakdown of Resettlement & Rehabilitation Budget
Area Unit No. of Unit cost Total Cost S# Description of Item Remarks (Acres) APs (PKR) (PKR) 750,000 / 1 Cost of Affected Land 56.899 11 42,595,308 acres. 6 APs losing Severity Impact 2 6 90,000 540,000 more than 10% of Allowance(lumpsum) Buzgar land Total 43,135,308 G. Implementation Schedule 10. PMU FBR is responsible for implementation of this Addendum. Subject to timely transfer of Addendum funds to SC for disbursement to APs (through resettlement committee- Chaman), schedule of compensation payment is planned to start in April and concluding in June 2020. Table 3 below provides implementation schedule. Table 3. Implementation Schedule
Sr.No. Activities Schedule 1 Preparation/submission of Addendum to ADB 28 April 2020 2 Approval of Addendum (from ADB) 1 May 2020 3 Compensation payment to APs 30 May 2020 4 Submission of internal monitoring report by PMU 5 June 2020 5 Submission of validation report by EMA 10 June 2020 6 Field visit by ADB 15 June 2020 7 Approval of EMA’s validation report by ADB 20 June 2020 H. Monitoring Arrangement 11. Implementation of Addendum to LARP will be monitored by PMU internally, assisted by Supervision Consultant. External Monitoring Agent (EMA) will prepare a compliance report for PMU & ADB. ADB will review, conduct site visit and approve the report based on which PMU may seek ADB’s no-objection to initiation of construction work in the area where payments have been fully made and validated by EMA. If any significant resettlement issues or any unanticipated impacts are identified, EMA will advise for immediate compliance followed by preparation of a Corrective Action Plan (CAP) which will be disclosed and implemented after obtaining ADB’s approval.
Page 4 of 16
Annex A: Location Map
Page 5 of 16
Annex B: Inventory of Buzgar Rights and Livelihood Restoration Support
Loss of Land (Buzgar Right) Severity S AP CNIC No / Mobile Total Affected Persons Bank A/C Land Severity Comp. Impact TOTAL # ID No Land Lost Impact (750,000/ Allowance Holding (Acres) (%) Acres) (Acres) A Unanticipated Impact: 11 APs identified in Addendum having Buzgar right
1 C-1 Janan S/O Yakhai 54201-2465926-1 0381003225580001 117 8-2-0 7.051 6,187,500 NA 6,187,500
2 C-2 SakahUd Din S/O Abdul Nabi 54201-6537425-9 03810032205000 263 9-3-3 7,045,312 NA 7,045,312 3 C-3 Azam S/O Mazarai 54201-0219077-1 038100321822000 14 13-0-9 93.257 9,792,187 90,000 9,882,187 4 C-4 KhudaiNazar S/O Karu 54201-7883955-9 - 12 0-5-30 5.367 529,687 NA 529,687
5 C-5 Mira Jan S/O Anwar 54201-983781-1 1167682301002786 16 1-7-17 12.381 1,485,937 90,000 1,575,937 0-2-3 201,562 1-3-1 1,035,937 6 C-6 M. Qasim S/O Haji Mulavi 54201-0219077-1 - 50 6.188 NA 2,320,311 1-0-2 759,375 0-3-9 323,437 Salah Ud Din S/O Abdul 7 C-7 54201-9082140-1 101300342900001 10 3-5-13 37.060 2,779,687 90,000 2,869,687 Karim 8 C-8 Salah Ud Din S/O Niaz M. 54201-342549-5 01211005919251 47 6-7-10 14.760 5,203,125 90,000 5,293,125
9 C-9 Ali M. S/O Daru 54201-8432549-9 038100321727000 75 4-2-3 5.692 3,201,562 NA 3,201,562 KhuduaeNazar S/O Qabat 10 C-10 54201-1727701-9 5003051345013 6 1-1-14 20.20 909,375 90,000 999,375 Khan 11 C-11 Zarif S/O Wali M. 54201-2480533-5 4051389136 15 4-1-10 27.913 3,140,625 90,000 3,230,625
Total 652 56.9 42,595,308 540,000 43,135,308
Page 6 of 16
Annex C: Copy of SC Letter & List of APs with Buzgar Rights
Page 7 of 16
Annex D: Letter of SC for Livelihood Restoration Support
Page 8 of 16
Annex E: List of Participating Aps Consulted
S. No. Name Father Name
1 Salah Udin Abdul Karim
2 Mera Jan M. Akram
3 Janan Yakai
4 M. Qasim Haji M. Mulavi
5 Ali M. Daru
6 Kuduae Nazir Qabat Khan
7 Zarif Waki M
8 Azam Muhammad Mirzai Mousa Jan
9 Salah Ud Din Niaz M.
10 Bashir Ahmed M. Gull
11 Kudai Nazar Karu
12 Abdul Waris Abdul Ahad
Page 9 of 16
Annex F: Pictures of Consultation with APs for Addendum Preparation
Page 10 of 16
Annex G: Notification of Grievance Redress Committee (GRC)- Chaman
Page 11 of 16
Annex H: Entitlement Matrix for Chaman BCP Sr. Definition of Application Application Compensation Entitlements No. AFs/APs Land Government • Compensation will not be paid to Pak-Army. land / Due to • Letter has been written to the QMG Branch, Durand line all Land Quartering Dte, GHQ, Rawalpindi for 1 land is under the transfer of land to FBR for the proposed the control of of project Pakistan Army Commercial Shops/ vendors Owner • Cash compensation at full replacement cost Structures & push carts (legal/informal for affected structures and other fixed assets, vendors push settlers) of the free of salvageable materials, depreciation carts Structure and transaction cost. Fees and taxes (if applicable) will be waived (shops only); and 2 • One-time transportation cost to cover shifting charges (shops only). • Vendors pushcart owners will be allowed to continue their business or will be provided with project related employment. Transitional Businesses APs facing Cash compensation during the interruption Allowance permanent or period 06 months (for permanent loss) or 03 temporary month (for temporary loss) as per income of the 3 business loss. AF, supported by tax payments records or in the absence of such documents, equal to minimum wage rate announced by the government as transitional allowance. Transportation Shops APs to be One time paid in lump sum, an amount of Rs. / Relocation relocated- Owners 25,000/- in case of business operator (shops) as 4 Assistance of commercial transport allowance to shift the materials of /business affected structures. structures Vulnerable AP All APs/ or having • Additional Cash allowance equivalent to 03 livelihood under the poverty minimum wage rate announced by the line government over and above other entitled 5 compensation. • Priority in project related employment, ensured through bidding document Unidentified/u Unanticipated All APs A lumpsum amount of Rs.90,000/ per AP as nanticipated Impacts severity allowance for this un-anticipated impact Impacts: that emerged during implementation. This has Severity been formalized in the ‘addendum” to the LARP 6 Allowance. of Chaman BCP. Any other unanticipated impacts emerging during implementation will be dealt with in accordance with SPS and LARP provisions.
Page 12 of 16
Annex I: Minutes of Meeting of Project Steering Committee
Page 13 of 16
Page 14 of 16
Annex J: Notification of Land Acquisition and Resettlement Committee (LARC)
Page 15 of 16
Page 16 of 16