Social Monitoring Report Semiannual Report (July–December 2019) January 2020 BAN: South Asia Subregional Economic Cooperation Chittagong-Cox's Bazar Railway Project, Phase 1 - Tranche 1 Construction of Single Line Dual Gauge Railway Track from Dohazari to Cox’s Bazar via Ramu and Ramu to Gundum Near Myanmar Prepared by Bangladesh Railway, for the Government of the People’s Republic of Bangladesh and the Asian Development Bank. This social monitoring report 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. GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH MINISTRY OF RAILWAYS BANGLADESH RAILWAY SASEC: Chittagong - Cox’s Bazar Railway Project, Phase-1 Construction of Single Line Dual Gauge Railway Track from Dohazari to Cox’s Bazar via Ramu and Ramu to Gundum Near Myanmar Social Monitoring Report (SMR) (July 2019 to December 2019) January 2020 SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1 Abbreviation ADB : Asian Development Bank AH : Affected Household AP : Affected Person APD : Additional Project Director BR : Bangladesh Railway COI : Corridor of Impact CPR : Common Property Resources CCL : Cash Compensation under Law CSC : Construction Supervision Consultant DC : Deputy Commissioner DD : Deputy Director DLAC : District Land Allocation Committee DPP : Development Project Proposal EA : Executing Agency EC : Entitlement Card EP : Entitled Person FGD : Focus Group Discussion GOB : Government of Bangladesh GM : General Manager GRC : Grievance Redress Committee GRM : Grievance Redress Mechanism ILRP : Income and Livelihood Restoration Program INGO : Implementing Non-Government Organization IOL : Inventory of Losses JVC : Joint Verification Committee LA : Land Acquisition LAP : Land Acquisition Plan/Proposal NTH : Non-Titled Holder MFF : Multi-trench Financial Facility PAPs : Project Affected Persons PD : Project Director PVAC : Property Valuation Advisory Committee RB : Resettlement Benefit RP : Resettlement Plan ROW : Right of Way SASEC : South Asian Sub-Regional Economic Cooperation TH : Titled Holder U/S : Under Section 2 SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1 Contents EXECUTIVE SUMMARY 5 I. INTRODUCTION, PROJECT DESCRIPTION AND OBJECTIVES 7 A. Introduction 7 B. Project Description 7 C. Project Objectives 7 D. Project Scope 7 E. Project Location Map 9 II. METHODOLOGY FOR PREPARING THE SOCIAL MONITORING REPORT (SMR) 10 A. Documents Reviewed 10 B. Field Visits 10 III. RESETTLEMENT PLAN AND IMPLEMENTATION 11 A. Resettlement Plan Preparation and Objectives 11 B. The Elements of the RP 11 C. Objectives of Resettlement Plan( RP) 12 D. Shift in Alignment and Its Impact on Land Acquisition 13 E. Resettlement Plan Implementation Arrangements 13 E.1 Bangladesh Railway (BR) & Project Implementation Unit-PIU 13 E.2 Resettlement Plan Implementing Non-Government Organization (INGO) 13 E.3 Establishment of Resettlement Unit in Construction Supervision 14 Consultancy (CSC) E 3.1 Establishment of Resettlement Unit in Project Management Consultant 14 (PMC) E.4 Asian Development Bank (ADB) 14 E.5 Formation of Committees (JVC, PVAC and GRC) 15 E.5.1 Composition of the Joint Committee 15 E.5.1.1 The ToR of the JVC Committee 15 E.5.2 Composition of the Property Valuation Advisory Committee (PVAC) 16 E.5.2.1 The ToR of the Committee 16 E.5.3 Composition of Local and Project Level GRC 16 E.5.3.1 The ToR of the GRC 16 E.6 INGO‟s Assistance for JVC,PVAC and GRC 16 E.7 LA Process in Bangladesh & Role of DC 16 F. Land Acquisition 19 G. Land Handover and CCL Payments up to June 2019 20 H.1 Payments of Resettlement Benefit (RB) to TH affected persons 21 H.2 Payments of Resettlement Benefit (RB) to NTH affected persons 21 I. Identification and Assistance of Vulnerable Households 25 J. Common Property Resources 25 K. Income and Livelihood Restoration and Livelihood Improvement Program 25 L. Consultation, Information Campaign and Participatory Process 26 M. Grievance Redress Mechanism(GRM) 27 IV. SUCCESS STORIES 28 V. COMPARISON OF PREVIOUS AND PRESENT STRUCTURES 30 VI. CONCLUSION 37 3 SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1 LIST OF TABLES: Page Table 1 : District, Upazila & Mouza of the Project 8 Table 2 : Summary of Project Impacts 11 Table 3 : Composition of Resettlement Team of BR 13 Table 4 : Composition of INGO Key Staff 13 Table 5 A : Composition of CSC Resettlement Team 14 Table 5 B : Composition of PMC Resettlement Team 14 Table 6 : Institutional Arrangements/Functions 14 Table 7.1 : LA Process in Bangladesh (as per Ordinance II 0f 1982) 17 Table 7.2 : LA Process in Bangladesh (as per ARIPA [September 21, 2017]) 18 Table 8.1 : Status of Service of Notices under Sections 3; 6 & 7 of Chittagong and Cox‟s 19 Bazar District up to June, 2019 Table 8.2 : Submission of LAP following ARIPA 2017 under Chattogram District 20 Table 9 : Land handover to BR, estimated cost for acquisition and compensation payment 22 up to June 2019 Table 10 : Payment status of the Resettlement Benefits and ID Card Distribution for Title 23 Holders (TH) up to June 2019 Table 11 : Status of Resettlement Benefits (RB) Payments to NTH affected persons and ID 24 Card Distribution among NTH affected persons Table 12 : Category Wise Payments of Resettlement Benefits to Vulnerable Households 25 up to December 2019 Table 13 : Status of Information Campaign 26 Table 13.1 : Subject matters of FGDs 26 Table 14 : GRCs formation (at union level) and grievances received & redressed 27 4 SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1 EXECUTIVE SUMMARY This Social Monitoring Report- SMR (July 2019 - December 2019) has been prepared to present (i) Status of land acquisition (ii) land handover to Bangladesh Railway (BR) from Deputy Commissioner (DC) Offices, Chattogram and Cox‟s Bazar and (iii) Status of implementation of Resettlement Plan (RP) of SASEC: Chittagong - Cox‟s Bazar Railway Project, Phase 1. The Project is situated in Chattogram and Cox‟s Bazar Districts under Chattogram Division of Bangladesh. Target of this Project is to construct 103.477Km of new Single Line Dual Gauge Railway Track from Dohazari to Cox‟s Bazar via Ramu. As expected that this new Greenfield alignment would connect Cox‟s Bazar, a tourist region with developing industries, with the capital Dhaka as well as other important cities including Chattogram. Besides, it will establish connectivity to the proposed expected Trans - Asian Railway Corridor. The Government of the People‟s Republic of Bangladesh with the financial assistance from the Asian Development Bank (ADB) has launched SASEC: Chittagong - Cox‟s Bazar Railway Project, Phase-1. It was estimated at initial stage that a total of 562.83 hectors (1,390.19 acres) of lands would be required for implementation of the Project. A total of 1,367.3664 acres of lands had been acquired under the 10 (ten) land acquisition (LA) cases following the Acquisition and Requisition of Immovable Property Ordinance (ARIPO) (Ordinance II of 1982) and its subsequent amendments in 1993 and 1994. One new land acquisition proposal (LAP) for acquisition of 0.6250 acre of land following the Acquisition and Requisition of Immovable Property Act 2017 (September 21, 2017) was submitted to DC Office, Chattogram on 7th March 2019. The Project Authority noticed that there was a requirement for acquisition of some additional land (2.0544 acres) under Satkania Upazila of Chattogram District. As a result, another LAP was submitted to DC Office, Chattogram on 4th December 2019 for acquisition of 2.0544 acres of additional land. The above-mentioned land acquisition has caused resettlement impacts, which include (a) permanent loss of residential, social and commercial structures, (b) loss of income and livelihoods, (c) displacement of people and (d) loss of lands and other properties. All these identified impacts entailed appropriate mitigation measures to resettle and rehabilitate the affected persons. In this connection a Resettlement Plan (RP) was prepared in accordance with ADB‟s Safeguard Policy Statement (2009) and the Acquisition and Requisition of Immovable Property Ordinance – ARIPO, 1982 (Ordinance II of 1982) and its subsequent amendments in 1993 and 1994 of the Government of Bangladesh (GOB), detailed engineering design, census survey and inventory of losses (IOL) and assets. The original RP was approved by the Ministry of Railways on 17th August 2016 as per concurrence of ADB. In accordance with ADB Safeguard requirements, the GOB agreed to implement the RP of the Project ensuring the followings: 1. Avoiding involuntary resettlement wherever possible; 2. Minimizing involuntary resettlement by exploring project and design alternatives; 3. To enhance or at least restore the livelihoods of displaced persons in real term compared to pre-project/pre-displacement levels; and 4. Improving the standards of living of the vulnerable and severely affected groups. Bangladesh Railway (BR) engaged NGOs (DORP – PATHMARK Joint Venture) as Implementing NGO (INGO) for assisting BR to implement the RP under the Project. The scope of INGO‟s work is presented in detailed under subsection E.2. This Social Monitoring Report (SMR) covers progress of land acquisition and implementation of the RP as of December 2019 with more focus on progress of the same achieved between July 2019 and December 2019. CSC, PMC and INGO have been working as per ToR to address any problems and issues of the Affected Persons (APs) related to land acquisition and resettlement. A total of 16,271 leaflets and 8,184 resettlement information booklets (Punorbason Pustika) on land acquisition and resettlement matters were distributed to the affected people in the Project area up to December 2019.