External Social Safeguard Monitoring First Progress Report Project No. 45203-006 Semestral Report December 2018 Bangladesh: Natural Gas Infrastructure and Efficiency Improvement Project (Component 2 – Chittagong-Bakhrabad Gas Transmission Pipeline) Prepared by Md. Abdus Samad for the Gas Transmission Company Limited, Government of Bangladesh and the Asian Development Bank. This social safeguard 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. Gas Transmission Company Limited (A Company of Petrobangla) Government of the People’s Republic of Bangladesh Ministry of Power, Energy & Mineral Resources Energy & Mineral Resources Division External Monitoring Expert Services to carry out the External Monitoring & Evaluation (M&E) and reporting of the Implementation of Resettlement Action Plan (RAP) under the “Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project” 1st Progress Report December, 2018 Submitted to 1. Mr. Yoojung Jang- Social Development Specialist 2. Mr. Hong Wei Zhang- Senior Finance Specialist Asian Development Bank For Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project Ref: Contract No. GTCL- SD3 Dated 9th August, 2018 between Gas Transmission Company Limited (GTCL) and Md. Abdus Samad, the Individual Consultant ( External Monitoring Expert) for the implementation of Resettlement Action Plan (RAP) under “Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project” Submitted by Md. Abdus Samad External Monitoring Expert For Implementation of Resettlement Action Plan of “Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project” Subject: Submission of 1st Progress Report, December, 2018 Ref : External Monitoring Expert Services to carry out the External Monitoring & Evaluation (M&E) and reporting of the Implementation of Resettlement Action Plan(RAP) under “Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project” Contract No: GTCL-SD3 Dated 9th August, 2018 ADB Loan No: 3461/3462 BAN Dear Sir, In reference to the above subject, I am submitting the 1st Progress Report for the Implementation of Resettlement Action Plan(RAP) under “Construction of Chattogram- Feni-Bakhrabad Gas Transmission Parallel Pipeline Project” for your kind information and necessary action. With best regards, Md. Abdus Samad External Monitoring Expert Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project Table of Contents Items Pages Abbreviations .........................................................................................5 Glossary ………………………………………………………….…………..7 1. Background of the Project …………………………………………… 10 2. Purpose of the Project……………………………………………… 11 3. Objective of the project……………………………………………. 11 4. Objective of ADB and AIIB……………………………………….. 11-12 5. Bangladesh Government Legal Policy…………………………….. 12 6. Assets to be Acquired by the Project……………………………… 13 7. Scope of works…………………………………………………….. 15 8. Methodology of works…………………………………………….. 16 9. Indicators of verification…………………………………………… 16 10. Implementation of RAP…………………………………………... 17 10.1 Land Acquisition process by DC………………………………... 17 10.2 Updating RAP by INGO ………………………………………... 17 10.3 Socio-economic survey………………………………………….. 18 10.4 JVC collected Information………………………………………. 19 10.5 Collection of Market price by INGO…………………………… 20 10.6 Personal contact with APs by INGO…………………………… 21 10.7 Distribution of leaflets by INGO………………………………… 22 10.8 Video Filming …………………………………………………… 22 10.9 Formation of JVC/PVAC/GRC………………………………….. 23 10.10 Notices served under section 3 and 4…………………………24 10.11 Land acquisition ……………………………………………….. 26 10.12 Consultation, information campaign, participation………… 27 11. Overall implementation of RAP…………………………………... 28 11. External Monitoring………………………………………………. 29 List of Tables Table-1 List of assets to be acquired…………………………… 14 Table-2 Tasks Performed by INGO…………………………. 18 Table-3 Field level implementation……………………………. 19 Table-4 Joint Venture Committee……………………………… 20 Table-5 Market price collection rate…………............................ 21 Table-6 Personal Contact with Affected Persons per District…... 21 Table-7 Distribution of leaflets…………………… ………….. 22 Table-8 Video Filming Conducted per District…………………… 22 Table- 9 Formation of JVC/PVAC/GRC……….. ...................... 23 Table-10 JVC/PVAC/GRC in Three Districts ……………………. 24 Table-11 Performance of INGO…………………..................... 24 Table-12 Notices served under 1982 ordinance and 2017 Act 26 Table-13 Land Acquisition status of DCs……………………. 27 Table-14 Individual and joint functions of DC/GTCL/INGO… 29 Abbreviations AB Acquiring Body AC Assistant Commissioner (Land) ADB Asian Development Bank AIIB Asian Infrastructure Investment Bank ADC Additional Deputy Commissioner (Revenue) Ahs Affected Households AM Area Manager APs Affected Persons BBS Bangladesh Bureau of Statistics BGFCL Bangladesh Gas Fields Company Limited BFD Bangladesh Forest Department CBE Commercial and Business Enterprises CCL Cash Compensation under Law CEO Chief Executive Officer CMP Current Market Price CPR Common Property Resources DAE Department of Agriculture Extension DC Deputy Commissioner DCI Direct Calorie Intake DORP Development Organization of the Rural Poor DoF Department of Forest DoF Department of Fisheries ERD Economic Relations Division FGD Focus Group Discussion FW Field Worker GoB Government of Bangladesh GRC Grievance Redress Committee Ha Hectorage HIES Household Income and Expenditure Survey ID Identity Card JVS Joint Verification Survey JVC Joint Verification Committee Km Kilometer LAP Land Acquisition Plan LAR Land Acquisition and Resettlement LGI Local Government Institution LMS Land Market Survey M&E Monitoring and Evaluation NGO Non-Government Organization PAH Project Affected Households PAP Project Affected Person PAU Project Affected Unit PCU Project Coordination Unit PD Project Director PIU Project Implementation Unit PMU Project Management Unit PVAC Property Valuation Advisory Committee PWD Public Works Department R&R Resettlement & Rehabilitation RP Resettlement Plan RB Requiring Body RoW Right of Way RV Replacement Value STG Structure Transfer Grant ToR Terms of Reference Glossary Affected persons (APs) includes any person, affected households (AHs), firms, or private institution who, on account of changes that result from the Project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agriculture, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or part, permanently or temporarily; (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. Assistance means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets. Awardees refers to person with interests in land to be acquired by the Project after their ownership of said land has been confirmed by the office of the respective Deputy Commissioner as well as person with interests in other assets to be acquired by the Project. Compensation for acquired assets is provided to awardees through notification under Section 7 of Acquisition and Requisition of Immovable Property Ordinance, 1982 and under section 8 of Acquisition and Requisition of Immovable Property Act, 2017. Compensation includes payments in cash or kind for assets acquired by the Project at replacement cost or current market price. Cut-off date refers to the date after which eligibility for compensation or resettlement assistance will not be considered. Date of service of notice under section 3 of Acquisition and Requisition of Immovable Property Ordinance, 1982 or under section 4(1) of Acquisition and Requisition of Immovable Property Act, 2017 is considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the census/inventory of losses is considered as the cut-off date for eligibility of resettlement benefits. Displaced persons refers to those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restriction on land use or on access to legally designated parks and protected areas. Eminent domains refer to regulatory authority of the government to obtain land for public purpose/interest or use of as described in the Acquisition and Requisition of Immovable Property Ordinance, 1982 and the Acquisition and Requisition of Immovable Property Act, 2017. Encroachers include those people who extend attached private land into public land or who extend their use of titled land into adjacent non-titled land before the cut-off date. Encroachers will not be eligible for claiming compensation for land