Social Monitoring Report Semi-Annual External Monitoring Report September 2019 Period: December 2018 – June 2019 PAK: Peshawar Sustainable Bus Rapid Transit Corridor Project Prepared by the Peshawar Development Authority for the Islamic Republic of Pakistan 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. ADB Loan No. 3543 PAK PAK: Peshawar Sustainable Bus Rapid Transit Corridor Project (PSBRTCP) 3rd External Monitoring Report of the Implementation of Land Acquisition and Resettlement Plans of PSRBTCP June 2019 Prepared by Abdul Hameed, External Monitoring Agent (EMA), for Peshawar Development Authority (PDA) – the Project Executing Agency for Peshawar Bus Rapid Transit (BRT) Project, Peshawar, Khyber Pakhtunkhwa. Contents 1. Introduction to Monitoring and Evaluation .................................................................... 1 1.1 Project Background ...................................................................................................... 1 1.2 Project Description ....................................................................................................... 1 1.3 The Land Acquisition and Resettlement (LAR) Impacts of Project .............................. 1 2. Findings of External Monitoring Report (EMR) ............................................................ 3 2.1 Implementation Analysis .............................................................................................. 3 Implementation of Gender Action Plan .................................................................................... 3 3 Institutional Arrangements for Land and Resettlement Activities ............................... 13 3.1 Project Executing Agency .......................................................................................... 13 3.2 Project Implementation Unit (PIU) .............................................................................. 14 3.3 Land Acquisition and Resettlement Plan Implementation Committee ........................ 14 3.4 Resettlement Assistance and Disbursement Committee ........................................... 14 3.5 Grievances Redress Mechanism ............................................................................... 14 3.6 Formation of Displaced Persons Committees (DPCs) ............................................... 16 4 Consultation and Information Disclosure ................................................................... 16 5 Miscellaneous Feedback ............................................................................................ 17 5.1 Need to present the Evidences of Good Faith Efforts ................................................ 17 5.2 Need to Present the Employment /livelihood Restoration Record of all the Persons . 17 5.3 Need to Consolidate the DPs Number ....................................................................... 17 5.4 Need to Develop the MIS ........................................................................................... 17 5.5 Need to make the Clarity in the Linear Map ............................................................... 17 6 Conclusion ................................................................................................................. 18 7 Recommendations ..................................................................................................... 20 Pictorial view of external monitor visit and discussion with project affecter persons ............. 28 Tables Table 2.1: Status of Implementation 10 Table 7.1: Proposed Action Plan 22 Annexures Annexure-A: List of the Participants……………………………………………………………….23 Annex-B: Gender Activities…………………………………………………………………………...24 Annex-C: Detailed of Complaint logged to OSPF………………………………………………….26 i Abbreviation Description ADB Asian Development Bank BRT Bus Rapid Transit CNIC Computerized National Identity Card COI Corridor of Impact DP Displaced Person EMA External Monitoring Agency EMR External Monitoring Report GRC Grievance Redress Committee IMR Internal Monitoring Report GOP Government of Pakistan GRM Grievance Redress Mechanism Km Kilometer KPK Khyber Pakhtunkhwa LAA Land Acquisition Act 1894 LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan M&E Monitoring & Evaluation MIS Management Information System PDR Peshawar Development Authority PKR PAK Rupees PIU Project Implementation Unit PMU Project Management Unit PSBRTCP Peshawar Sustainable Bus Rapid Transit Corridor Project PMCSC Project Management and Construction Supervision Consultant QIMR Quarterly Internal Monitoring Report ROW Right of Way Sq. ft Square Feet Sq. m Square Meter SPS Safeguard Policy Statement, 2009 TOR Term of Reference ii Glossary Displaced All members of a subproject affected household residing under one roof and Household operating as a single economic unit, who are adversely affected by the Project or any of its components; may consist of a single nuclear family or an extended family group. Displaced In the context of involuntary resettlement, displaced persons are those who are Persons 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 restrictions on land use or on access to legally designated parks and protected areas. Compensation Payment in cash or in kind of the replacement cost of the acquired assets. Construction Maximum extent of the area in which the contractor may work. Limit Corridor of This is the area that is likely to be physically affected by the construction, Impacts including locations adjacent to the actual construction that may be affected by noise, vibration, etc. Cut-of-Date The completion date of the census of project-displaced persons is usually considered the cut-off date. A cut-off date is normally established by the borrower government procedure that establishes the eligibility for receiving compensation and resettlement assistance by the project displaced persons. In the absence of such procedures, the borrower/client will establish a cut-off date for eligibility. Encroachers People who have trespassed onto private/community land to which they are not authorized. If such people arrived before the entitlements cut-off date, they are eligible for compensation for any structures, crops or land improvements that they will lose. Entitlement Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to displaced persons, depending on the nature of their losses, to restore their economic and social base. Formation Outer boundary of the construction including the embankment (if any). Width Economic Loss of land, assets, access to assets, income sources, or means of livelihood Displacement because of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Involuntary Land and/or asset loss, which results in a reduction of livelihood level. These Resettlement losses have to be compensated for so that no person is worse off than they were before the loss of land and/or assets. iii Meaningful Is a process that (i) begins early in the project preparation stage and is carried Consultation out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion: (iv) gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Physical Meaning relocation, loss of residential land, or loss of shelter a result of (i) displacement involuntary acquisition of land, or (ii) involuntary restrictions or land use or on access to legally designated parks and protected areas. Rehabilitation Compensatory measures provided under the ADB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets. Replacement The rate of compensation for acquired housing, land and other assets will be Cost calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. In applying this method of valuation, depreciation of structures and assets should not be considered. Resettlement A time-bound action plan with budget setting out resettlement strategy, objectives, plan entitlement, actions, responsibilities, monitoring and evaluation Squatters Meaning those people who do not