Updated Social Due Diligence Report August 2018 PAK: Central Asia Regional Economic Cooperation Corridor Development Investment Program-Tranche 1 Dara Adamkhel–Peshawar, Section III Prepared by the Environment, Afforestation, Land and Social (EALS) Wing of the National Highway Authority (NHA) Pakistan for the Asian Development Bank. This is updated version of the Social Due Diligence Report (Draft) posted on ADB website in July 2017 available on https://www.adb.org/projects/48404-003/main#project-documents. Loan 3574-Pak PAK: CAREC MFF, Tranche-1 Project. Social DDR CURRENCY EQUIVALENTS (As of 30 Aug 2018) Currency Unit – Pakistan Rupee/s (PRs) PRs 1.00 = USD $0.8157 USD $1.00 = PRs 122.580 ACRONYM AD Assistant Director ADB Asian Development Bank DPs Displaced Persons COI Corridor of Impact DD Deputy Director DO (R) District Officer (Revenue) EDO Executive District Officer EIA Environmental Impact Assessment EMP Environment Management Plan GM General Manager GOP Government of Pakistan IP Indigenous People Km Kilometer LAA Land Acquisition Act 1894 LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan M&E Monitoring and Evaluation MFF Multi-Tranche Financing Facility NTC National Trade Corridor NGO Non-Governmental Organization NHA National Highway Authority PMU Project Management Unit ROW Right-of-Way SPS Safeguard Policy Statement 2009 This updated Social Due Diligence 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. In preparing this 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. NHA EALS Page i Loan 3574-Pak PAK: CAREC MFF, Tranche-1 Project. Social DDR TABLE OF CONTENTS CURRENCY EQUIVALENTS ...................................................................................................... i ACRONYM ................................................................................................................................. i TABLE OF CONTENTS ............................................................................................................. 1 I. INTRODUCTION ............................................................................................................ 2 A. Background ......................................................................................................... 2 B. DDR Objectives and scope ................................................................................. 2 C. Methodology........................................................................................................ 3 II. PROJECT DESCRIPTION ............................................................................................. 4 A. Project Road Pavement width and Design .......................................................... 4 B. Structures (Cross drainage and Pedestrian under Passes) ................................. 5 III. IR IMPACT SCREENING, ASSESSMENT AND MANAGEMENT OF SOCIAL RISKS ... 6 A. ROW Limits of Project Road Section ................................................................... 6 B. Land Acquisition and Resettlement Impacts. ....................................................... 6 i. Land Acquisition. ................................................................................................. 6 ii. IR impact other than land, ................................................................................... 7 C. Impacts on Indigenous People, ........................................................................... 8 D. MANAGEMENT OF SOCIOECONOMIC IMPACTS AND SOCIAL RISKS .......... 8 IV. Consultations, Participation and Information Disclosure ...................................... 9 A. Stakeholder’s Consultations during project processing phase ............................. 9 B. Additional Consultations based on Detailed Design........................................... 10 V. Institutional Arrangements and Grievance Redress Mechanism ................................... 12 A. NHA’s Role and Responsibilities ....................................................................... 12 B. Construction Supervision Consultant - Engineer’s Role and Responsibilities .... 13 C. Grievance Redress Mechanism......................................................................... 13 VI. CONCLUSIONS AND RECOMMENDATIONS ............................................................. 14 A. Conclusions....................................................................................................... 14 B. Recommendations ............................................................................................ 14 NHA EALS Page 1 Loan 3574-Pak PAK: CAREC MFF, Tranche-1 Project. Social DDR I. INTRODUCTION A. Background 1. The Government of Pakistan (GoP) has emphasized to upgrade and rehabilitate its north- south road network for improved regional connectivity through CAREC transport corridor 5 & 6. Therefore, GoP through Executing Agency “The National Highway Authority (NHA) Pakistan” has agreed to implement CAREC Corridor Development Investment Program (CAREC-CDIP) with financial assistance from ADB through a Multi-tranche Financing Facility (MFF). 2. The PPTA Consultants, engaged by Fig. I: Dara Adamkhel-Peshawar Section ADB in 2016, assisted of Tranche-1 Project, Location Map Government of Pakistan (GOP) to design, prepare and process CAREC MFF and Tranche-01 Project in 2017. Under PPTA, different road sections of N-55 to be upgraded as 4 lane dual carriageway by implementing three different tranche projects under the MFF were selected and feasibility study, preliminary design, technical, financial and safeguards due diligence of the candidate road sections included in Tranche-01 Project was completed. Dara Adamkhel - Peshawar Section (34.45 km) (shown as Section 3 in attached map) is one of the three road section1 being rehabilitated and upgraded as Tranche-01 project through Loan 3574-Pak under the MFF. 3. Following detailed IR and IP impact screening and assessment survey based on preliminary design the PPTA consultants finalized a draft social due diligence report for the project road section to facilitate processing of the MFF and Tranche-01 project. The draft social due diligence report was subject to review and update based on detailed/final design. B. DDR Objectives and scope 4. Dara Adamkhel-Peshawar road Section (34.35 Km) of N-55 is a 4-lane dual carriageway which will be rehabilitated and improved under Tranche-01. Improvement works for project road section are designed to follow the existing carriageway alignment and pavement width without out tangible involuntary resettlement (IR) impacts. The land acquisition was not involved for this section of the road; however, a detailed social due diligence report was envisaged with the objectives including i) screening and assessment of IR/IP impacts from removal/clearance of encroached assets within carriageway ROW; ii) identification legal or legalizable third party land use rights (if any) in the ROW and affected asset owner encroachers or the squatters; and iii) ascertain resettlement planning documentation requirements. 5. Accordingly at the time of MFF and Tranche-01 processing this social due diligence report was prepared to explain the sub-project, project description & components; assessment of land acquisition, resettlement and social issues (if any); and suggest mitigations/social mitigation plan for potential/unanticipated social issues that may arise during the project implementation. Now, based on detailed design, the subject SDDR has been reviewed and updated by EALS, NHA that 1 Other Two road sections of Tranche-01 project are i) Pataro Sehwan (64-Km) and Ratodero-Shikarpur (43 Km). NHA EALS Page 2 Loan 3574-Pak PAK: CAREC MFF, Tranche-1 Project. Social DDR explains likely IR and IP impacts (if any) and confirms project implementation will be consistent with provisions outlined in the RF for the MFF and IR/IP safeguards policies as of ADB’s SPS 2009 and National Legal Framework. C. Methodology 6. Initially the assessment of the land acquisition, IR and social impacts for the project road section followed the preliminary design and a draft SDDR was finalized as one of the project processing documents. Later during design finalization, the methodology adopted for review and assessment of IR impacts included was, i) review of RF for the MFF and ADB’s IR policy requirements as of SPS 2009 and national legal framework for IR impact screening and assessment; ii) review and determination of available ROW limits as of land record and identification of COI for implementing the designed project works in different project road sections; iii) review of ROW/COI ownership status with legal and legalizable third party land use rights (if any); iv) identification and assessment of encroached assets subject to removal in any of the reaches along project road sections; (v) meaning full consultations with EA (NHA), design wing/ experts, land/ revenue officers, contractor/ consultants and local community. 7. Besides keeping close coordination with NHA’s design engineers, regional engineering and land staff and detailed design consultants, pre-structured questionnaires and checklist were used to gather information/data about ROW and COI limits, IR impact screening and assessment as well as consultations (individual