2763-BAN (SF): Second Chittagong Hill Tracts Rural ...€¦ · December 2016 2763-BAN (SF): Second...

Social Monitoring Report

Project No. 42248-013 Semestral Report December 2016

2763-BAN (SF): Second Chittagong Hill Tracts Rural Development Project

Prepared by Kh. Khairul Matin Social Safeguards Specialist, Independent Consultant, Safeguard and Quality Monitoring Cell

Second Chittagong Hill Tracts Rural Development Project, for the Peoples 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.

Semestral Report (Social Safeguards Monitoring) July-December 2016

Ministry of Chittagong Hill Tracts Affairs ii Second Chittagong Hill Tracts Rural Development Project

The People’s Republic of Bangladesh & Asian Development Bank Second Chittagong Hill Tracts Rural Development Project

Loan № 2763-BAN, Project № 42248-013

Social Safeguards Monitoring Report July-December 2016

Prepared by Kh. Khairul Matin, Consultant, Safeguard and Quality Monitoring Cell (SQMC)


Ministry of Chittagong Hill Tracts Affairs iii Second Chittagong Hill Tracts Rural Development Project

CONTENTS

ABBREVIATIONS ...................................................................................................................... v

GLOSSARY .............................................................................................................................. vi

EXECUTIVE SUMMARY ......................................................................................................... vii

I. INTRODUCTION ............................................................................................................... 17 A. Background ..................................................................................................................... 17

B. Purpose of the Report ..................................................................................................... 18

C. Methodology adopted ...................................................................................................... 18

D. Scope of reporting ........................................................................................................... 18

II. PROJECT DESCRIPTION AND ORANISATION ............................................................. 19 A. Project Description (CHTRDP-II) ..................................................................................... 19

B. Project Organisation ........................................................................................................ 19

1. Institutional Arrangement of the Project .......................................................................... 19

2. Organizational Structure for the Social Safeguard .......................................................... 21

3. Progress of the Project .................................................................................................... 21

III. SOCIAL SAFEGUARDS MONITORING ......................................................................... 23 A. Basic information on AP households ............................................................................... 23

1. Location of the project ..................................................................................................... 23

2. Composition of structure, age, education, skill levels ...................................................... 23

3. Gender of Household Head ............................................................................................. 23

4. Ethnic Groups .................................................................................................................. 23

5. Housing Type .................................................................................................................. 24

6. Land and other resources ............................................................................................... 24

7. Occupation and employment pattern .............................................................................. 24

8. Income sources and levels .............................................................................................. 24

9. Agricultural Production .................................................................................................... 24

10. Participation in community groups .................................................................................. 25

11. Access to cultural sites and events ................................................................................. 25

12. Value of all assets forming entitlements .......................................................................... 25

B. Rural Road Component ................................................................................................... 26

C. Community Infrastructure (CI) Components .................................................................... 31

D. Micro Agribusiness Development (MAD) component ....................................................... 35

E. Scope of Monitoring of the SQMC ................................................................................... 36

F. Methodologies adopted during monitoring ...................................................................... 36


Ministry of Chittagong Hill Tracts Affairs iv Second Chittagong Hill Tracts Rural Development Project

G. Monitoring of LARP implementation ................................................................................ 37

H. Land acquisition and project impacts .............................................................................. 41

I. Compliance Monitoring .................................................................................................... 43

1. Restoration of living standard .......................................................................................... 43

2. Restoration of Livelihoods ............................................................................................... 43

3. Levels of AP satisfaction ................................................................................................. 46

J. Effectiveness of Resettlement Planning .......................................................................... 46

K. Redress of Grievances .................................................................................................... 48

IV. CONCLUSION AND RECOMMENDATIONS .................................................................. 55

Table Ex 1: Status of LARP preparation and implementation ...................................................ix Table Ex-2: SMNGOs deployed for CI component....................................................................xii Table Ex-3: District wise implemented interventions under CI component................................xiii Table 1 : Subproject wise status of preparation and implementation of LAPs/LARPs……...…27Table 2 : SMNGO deployed for CI component ......................................................................32 Table 3 : District wise implemented interventions under CI component.................................34 Table 4 : Location of MAD activities ......................................................................................35 Table 5 : Trainings conducted by MAD NGOs on various components………………………..35 Table 6 : Progress of land acquisition and resettlement plan implementation………………...38 Table 7 : Physical and Financial progress of LAP implementation in Betbunia-Chaeyri Bazar 39 Table 8 : Physical and financial progress of LAP implementation at Panchari road ………..40Table 9 : Physical and financial progress of LAP implementation at Raicha-Goaliakhola ...41 Table 10 : ADRF Committee for Betbunia Mouza, Betbunia-Chaery Bazar road...................49 Table 11 : ADRF Committee for Dabua Mouza, Betbunia-Chaery Bazar road.......................49 Table 12 : ADRF Committee for Raikhali Subproject, Rangamati.............................................49 Table 13 : ADRF Committee for Panchari GC-Bhaibon Chara road ........................................50 Table 14 : ADRF Committee for Sindhukchari Subproject .......................................................50 Table 15 : ADRF Committee for Sindhukchari Subproject, Debal chari Mouza........................50 Table 16 : ADRF Committee for Ruma Sadar-Ruma Bazar Road ...........................................51 Table 17 : ADRF Committee for Naikhangchari-Tumbru (Part I) ..............................................51Table 18 : ADRF Committee for Naikhangchari-Tumbru (Part II) Headman Para…………......51 .

Table 19 : ADRF committee for Naikhongchari- Tumbru Road (Part-II) Baispari………………52 Box 1 : Project at a Glance..................................................................................................xv Box 2 : Public Notice for awareness of grievance mechanism............................................54 Figure 1 : Map of CHT region showing CHTRDP-II................................................................xvi Figure 2 : Project organizational Diagram................................................................................20 Appendix-A: Project Design and Monitoring Framework……………………………….................57


Ministry of Chittagong Hill Tracts Affairs v Second Chittagong Hill Tracts Rural Development Project

CURRENCY EQUIVALENTS

(As of 31 December 2016)

Currency unit – Bangladeshi Taka (Tk) Tk 1.00 = $ 0.01274

$1.00 = Tk 79.00

ABBREVIATIONS

ADB – Asian Development Bank CHT – Chittagong Hill Tracts CHTDB – Chittagong Hill Tracts Development Board CHTRC – Chittagong Hill Tracts Regional Council CHTDF – Chittagong Hill Tracts Development Facility CHTRDP-I – Chittagong Hill Tracts Rural Development Project CHTRDP-II – Second Chittagong Hill Tracts Rural Development Project CI – Community Infrastructure DPD – Deputy Project Director DPMO – District Project Management Office DPP – Development Project Proforma GC – Growth Centre GoB – Government of Bangladesh HDC – Hill District Council IP – Indigenous People IPP – Indigenous People Plan LAR – Land Acquisition and Resettlement LARF – Land Acquisition and Resettlement Framework LCS – Labour Contracting Society LGED – Local Government Engineering Department HQ – Headquarters MAD – Micro Agribusiness Development MoCHTA – Ministry of Chittagong Hill Tracts Affairs NGO – Non-government Organization O&M – Operation and Maintenance PAM – Project Administration Manual PIC – Project Implementation Consultants PD – Project Director PMO – Project Management Office RCC – Reinforced Cement Concrete SDS – Survey, Design and Supervision SQMC – Safeguards and Quality Monitoring Cell SPS – Safeguard Policy Statement UNDP – United Nations Development Programme UP – Union Parishad


Ministry of Chittagong Hill Tracts Affairs vi Second Chittagong Hill Tracts Rural Development Project

GLOSSARY

Chittagong Hill Tracts Regional Council

: Chittagong Hill Tracts Regional Council is a statutory apex body of the Chittagong hill tracts and consist of a chairman, fourteen tribal members; seven non-tribal members; chairmen of the three hill district councils (ex-officio).

Circle : Chittagong Hill Tracts are sub-divided into three units based on ethnic domain. Each unit is called circle.

Circle Chief : Circle Chief is an administrative head of a circle responsible for the administration of “tribal” justice and customary laws of the hill people, for revenue administration.

District : Administration unit headed by district commissioner comprising a number of Upazilas.

Hill District Council : Hill District Council is a statutory body and consist of a chairman, twenty tribal members, and ten non-tribal members.

Headman : Headman is the mouza chief and responsible for the administration of “tribal” justice and customary laws of the hill people, for revenue administration within a Mouza.

Karbari : Karbari is the local level leadership in the Chakma justice system. Karbari assists the headmen in the judicial process.

Mouza : Mouza is composed of several villages. Mouza is officially called as Revenue Village.

Para : Administrative unit (sub-division of union).

Union : Union is an administrative unit and a subdivision of Upazila.

Union Parishad : Local government institution at union level. Union Parishad consists of an elected members and chairman, and is the oldest government institution in Bangladesh.

Upazila : Upazila is an administrative unit and a sub-division of District (Zila).

Upazila Parishad : Local government institution at Upazila level. The Upazila Parishad consists of an elected chairman, two vice-chairmen (one male and one female), and ex-officio members of chairmen of Union Parishads.

This Social Safeguards 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.


Ministry of Chittagong Hill Tracts Affairs vii Second Chittagong Hill Tracts Rural Development Project

EXECUTIVE SUMMARY

I. INTRODUCTION

1. Over 60% of Chittagong Hill Tracts (CHT) rural households are involved in agriculture and agricultural labour. On average, per capita income in the CHT region are about 40% lower than the national average of Tk 84,000 per household in rural plain land Bangladesh. The overall incidence of severe poverty is 36%, within which indigenous communities have higher incidence (44%) than other communities (31%). It is evident that in rural CHT poverty is about 1.6 times higher than other parts of rural Bangladesh and is the most socially deprived region in Bangladesh (BBS, 2013).

2. Lack of access to markets impedes the transformation of production in CHT. Economic hubs are on average 7 km away from villages. Manual transportation of goods from village to paved road severely limits the extent to which producers can benefit from larger national and regional markets. Less than half of the population has access to tube well water, and supplies are scarce.

3. To address these issues the Second Chittagong Hill Tracts Rural Development Project (CHTRDP-II), which is the successor of the Chittagong Hill Tracts Rural Development Project – Phase 1 (July 2001 to December 2008), is being implemented in the three Hill Districts of CHT, located in the most eastern part of Bangladesh.

4. The purpose of this report is to ensure that the project is implemented with due concern for social safeguards of the affected people and other inhabitants especially indigenous people according to the ADB’s Safeguard Policy Statement (SPS) 2009.

5. The scope of this report is to assess the progress with preparation and implementation of the Land Acquisition and Resettlement Plans (LARPs) for several subprojects under rural road component. The scope also includes Community Infrastructure (CI) component and Micro Agribusiness Development (MAD) Component and the Indigenous Peoples Plan (IPP), including any corrective and preventative actions.

II. PROJECT DESCRIPTION AND ORANISATION

6. The Project was approved by Asian Development Bank (ADB) in July 2011 for an amount of $55.00 million from ADB’s Special Funds. The Project cost is $70.80 million of which $14.40 million is GoB financing and the remainder $01.40 million from beneficiary’s contributions. The Loan Agreement was signed between the GOB and the ADB on 02 October 2011 and became effect on 13 December 2011. The project implementation period is December 2011 - December 2018.

7. The Project comprises five components- (i) institutional development and capacity building; (ii) upgraded rural roads, (iii) development of community infrastructure, (iv) Micro Agribusiness Development, and (v) project management. Out of these five components rural roads, community infrastructure, and micro agribusiness development are related to environment and social safeguards.


Ministry of Chittagong Hill Tracts Affairs viii Second Chittagong Hill Tracts Rural Development Project

8. Ministry of Chittagong Hill Tracts Affairs (MoCHTA) is the executing agency and is responsible for overall project implementation. The Chittagong Hill Tracts Regional Council (CHTRC) is the lead implementing agency and the Local Government Engineering Department (LGED) is the implementing agency for the rural roads component. A PMO headed by a Project Director has been established within the CHTRC to manage and closely coordinate project activities across all agencies. LGED has appointed another Project Director to implement the Rural Roads (RR) component. One District Project Management Office (DPMO) for each of the three districts has been established headed by a Deputy Project Director, who reports directly to the Project Director, PMO. Project implementation consultants (PIC) has been recruited for supporting PMO and DPMO for all aspects of project implementation. NGOs have been recruited to provide social mobilization for community infrastructure component, Micro Agribusiness Development (MAD) component, land acquisition and resettlement planning and implementation under Rural Road component. The SQMC has been established to monitor quality of construction works and compliance issues of social and environmental safeguards.

III. SOCIAL SAFEGUARDS MONITORING

9. CHTRDP–II has been implementing following GoB, CHT and ADB policy to develop road communication as well as economy of the tribal people and others living in the three Hill Districts. The social safeguard of the project comprises of various components including Rural Road (RR) component, Community Infrastructure (CI) component, Micro Agribusiness Development (MAD) component, etc.

A. Rural Road Component

The Rural Road (RR) component requires private land acquisition (including legal and customary land holdings) and displacement of the people and shops in many of the sub-projects. The rural roads component comprises of (i) 60 km of union roads; (ii) 40 km of Upazila roads; (iii) 3,884 meters of bridges and culverts; and (iv) three functional buildings. A total of 29 Sub-projects were identified under CHTRDP- Phase II for implementation but due to budget constraints numbers of sub-projects have come down to 19. LGED has handed over 16 Sub-projects out of 19 projected sub-projects to RNGO (Taungya) as of December 2016. LARP is being prepared for each of the subprojects. The Resettlement NGO (RNGO) has been deployed for preparation and implementation of the Land Acquisition and Resettlement Plans (LARPs) following GoB LA Law, Hill Tracts LA Act and ADB Safeguard Policy Statement (SPS) 2009. A total of 15 LARPs have been prepared from which six LARPs at Rangamati three LARPs at Khagrachari and six LARPs at Bandarban districts. Among these 15 LARPs 14 LARPs have been sent to ADB for concurrence of which 10 LARPs have been concurred by ADB. Among the ADB concurred LARPs nine LARPs have been approved by MOCHTA. Some of these approved LARPs are now being implemented . Significant progress of LARP implementation is found in three subprojects in three districts i.e. Betbunia-Chayery Bazaar of Rangamati district, Panchari GC-Bhaibon Chara of Khagrachari district and Raicha-Goaliakhola Road Bridge on Shangu river and approach road at both ends at Bandarban district. A total of 15 land acquisition plans (LAPs) have been submitted to concern DC offices from which 4 LAPs are


Ministry of Chittagong Hill Tracts Affairs ix Second Chittagong Hill Tracts Rural Development Project

under implementation, i.e. Betbunia Chaeyri Bazar road of Rangamati, Pan chari GC-Bhaibonchara road and Shindukchari Union H/Q-Dullha Tali GC via Challya Tali Road of Khagrachari, and Raicha Goaliakhola of Bandarban. Preparation and implementation status of the LARPs are presented in table Ex-1.

Table Ex-1: Status of LARP preparation and implementation

Sl. No Name of Subproject Status of LARP

Rangamati Districts

01 Betbunia-Chayeri Bazar Laksmichari Via Barmachari Road,

LARP is being implemented. CCL and additional benefits are being paid. Total 38 customary land owners and 04 structure owners are paid compensation by DC office with an amount of BDT 1,28,08,864.16. None of the 10 title holders are paid as yet. Prominent reasons behind non-payment of CCL are (i) ownership problem among co-sharers, (ii) record of rights are not updated (iii) Obtaining succession certificate is so complex, etc. Resettlement benefits for crops and structure are paid by PMO to 16 EPs with an amount of BDT 5,29,248.

02 Raikhali GC Ferry Ghat-Rajasthali HQ Via Mitingachari Road, Part -1

LAP submitted to DC office on 27 November 2014. LARP was concurred by ADB on 3rd September 2015 and approved by MoCHTA 11 October 2015. Will start implementation soon. LA process is started. Joint verification has been conducted.


LARP prepared and submitted to ADB. for concurrence on 23 December 2015 but still it is not concurred by ADB. Implementation will start after obtaining concurrence from ADB and approval from MoCHTA. LA proposal is submitted to DC office Rangamati on 22 December 2015. LA process is started and Joint verification is done. A total of 0.3035 acres of private land will need to be acquired for the subproject interventions. Thirteen HHs will be affected who will lose 09 structure and 0.3035 acres land.

04

Betbunia Chairy bazar –Baro Awalia santirhat Road.

Land acquisition plan (LAP) has been submitted to DC Rangamati on 18 April 2016. A total of 2.36 acres of legally owned land and 5.014 acres of customary land will be acquired from 58 people. Census and socioeconomic survey has been done and LARP prepared. The LARP has been concurred on 25 June 2016 by ADB and duly approved by MoCHTA on 21 July 2016. LARP implementation will be started very soon.

05 Marishay Bazar to Mainimukh Bazar via Babupara Battali, Dhakkin Saroatoli road

LARP was concurred by ADB on 30 August 2016 and duly approved by MoCHTA on 19 September 2016. LAP was submitted to DC office and joint verification was done as well. A total of 10.0854 acres land will need to be acquired


Ministry of Chittagong Hill Tracts Affairs x Second Chittagong Hill Tracts Rural Development Project

from which 5.4154 acres private land and 4.67 acres customary land. A total of 62 HHs are affected by the subproject. LARP is now on board for implementation.

06

Upazilla Sadar-Horina Bazar via Bottoli & Moraghona.

Census and socioeconomic survey has been done and LARP is prepared. Yet to send to ADB for concurrence. According to alignment prepared by LGED the 0.5367 acres private land and 0.3142 acres customary land will need to be acquired. A total of 29 HHs will be affected by the subproject LA proposals have been submitted to the DC office on 19 September 2016.

Khagrachari District

07 Panchari GC-Bhaibonchara GC via Shantipur Aranya Kutir Road,

LARP is Being implemented. CCL and additional benefits are being paid. Out of 213 legal owners, 203 (95.31%) have been paid while among 60 customary land owners, 58 (97%) have been paid compensation. Total estimated budget was BDT 20,755,260 out of which BDT 20267166 have been paid (97.65%). Additional compensation and other benefits have been estimated as BDT 3,185,524 for 213 from which BDT 2,686,791 (84.34%) has been paid to 126 EPs (59.15%).

08 Shindukchari Union H/Q-Dullha Tali GC via Challya Tali Road,

LAP submitted to DC on February 22 . 2015. Joint verification is done and award book is ready. A total of 1.20 acres titled land has been acquired from 23 HHs. No customary land is proposed for acquisition. Total 37 EPs have been identified by DC office for payment of compensation amounting to BDT 4,369,072. Compensation to 28 EPs with an amount of BDT 3,242,568 have already been paid Payment of additional compensation is yet to start. PVAT will assess replacement cost of land soon.

09 Garitana GC -Batnatali Union HQ Road

LAP submitted to DC office on 16 Nov’ 2015. Joint verification is done. LARP was concurred by ADB on 4 April 2016 and approved by MoCHTA on 29 May 2016. A total of 1.79 acres titled land and 3.66 acres customary land have been acquired from 83 people. Will start implementation soon. Compensation payment is not started yet.

Bandarban District 10 Ruma Sadar-Ruma

Bazar (Bridge & Approach) Road,

LAP submitted to DC office on 28.05.2015. LA process is completed and DC office is now preparing estimate for compensation. LARP is concurred by ADB and approved by MoCHTA. A total of 0.2633 acres titled land will be acquired from 05 persons.

11 Raicha-Goaliakhola Road Bridge on Shangu river and approach road at both ends

Census & IOL done at Bandarban part but still to do at Chittagong part. LARP prepared for Bandarban but still pending with ADB for concurrence. LA proposal was submitted to DC on 16.06.2015. Only one EP is affected with 0.4426 acre land, one structure and few trees. Compensation has been paid to land owner with an amount of BDT 4673176.


Ministry of Chittagong Hill Tracts Affairs xi Second Chittagong Hill Tracts Rural Development Project

12 Naikhongchari-Tumbru Road, Part-1 (4 km)

LAP submitted to DC office on 02.03.2015. LARP was concurred by ADB on 04 August 2015 and approved by MoCHTA on 14 September 2015. Total 5.6096 acres land is required from which 4.5696 acres titled land and 1.04 acres customary land. Notice u/s 3 is served on 21 August 2016 and Joint verification done as well. DC office is now preparing estimate for affected properties.


LARP prepared and submitted to ADB for concurrence on 28 March 2016. Concurrence is pending with ADB. LA proposal was submitted to DC office 20.01.2016.

14

Lama-Ruposhi para Road (Bridge & Approach).

Land Acquisition Plan has been submitted to the DC office Bandarban on 18 May 2014. LARP was submitted to ADB for concurrence on 24 May 2016. Yet to get concurrence from ADB. A total of 32 affected households have been identified who are losing 5.79 acres titled land and 2.45 acres customary land.

15 Bengchari Road (Rowangchari – Bengchari Road) / baniarchar - Gajalia Road

LARP was concurred by ADB on 12 September 2016. LA proposal was submitted to DC office on 18 September 2016. Total 19.82 acres titled land will be acquired for the subproject.

10. Compensation payment by the DC offices has been started in three subprojects in three districts as mentioned earlier. Additional compensation and resettlement benefits are being paid by the Project Management Office (PMO) with assistance from the RNGO. Progress of payment in terms of physical and financial achievement is described in the following sections of this report.

11. The RNGO (Taungya) has been engaged on 01 September 2013 for 48 months to assist the project authority for preparation of the LAPs and preparation and implementation of the LARPs for the sub-projects under rural road component. They are also assigned to assist the DC offices in case of LA process and the affected people in updating record of rights and getting compensation from the DC offices and PMO. As of December 2016 the RNGO has prepared 15 LAPs and 15 LARPs. For completion of the remaining works within next 08 months until August 2017 the RNGO would have a time bound action plan with specific targets and deadlines to prepare and implement LARPs. Necessary support from LGED, PMO and DC offices would be effective for timely accomplishment of the tasks.


Ministry of Chittagong Hill Tracts Affairs xii Second Chittagong Hill Tracts Rural Development Project

B. Community Infrastructure (CI) Components

12. Three Social Mobilization NGOs (SMNGOs) have been engaged for three Hill Districts to assist the PMO in implementation of the Community Infrastructure (CI) Components of the project. Three SM NGOs, recruited for the CI components for three Hill Districts, are as under-

Table Ex. 02: SMNGOs deployed for the CI component

District Name of recruited NGOs Date of signing contract

Date of mobilization

Rangamati Green Hill (Lead NGO) with ASHIKA, Signing Hill, Jhum Foundation and Progressive

26 August 2013 05 September 2013

Bandarban Toymu (Lead NGO) with AKS, Mrochet, RDO, Humanitarian Foundation and CHD


Khagrachari Trinomul (Lead NGO) with Assistance for Livelihood of the Origin (ALO), Khagrachari Mohila Kolyan Samity, Kabidang and Zabarang Kolyan Samity

24 December 2013 24 December 2013

13. Project Implementation Consultant and PMO/ DPMO officials including Project Director and Deputy Project Directors have been monitoring activities of the SM NGO on timely fashion. SQMC consultants also visited project sites and consulted local people about their opinion on quality of works. Local people’s participation in construction works and compliance with standard labour code of Bangladesh were monitored. There was no child labor working in the project construction. Women from the nearby community have been deployed in civil construction and are paid equal salary for similar categories of works. Although 30% of the laborers should be women as per contract clause but it is not always ensured in some of the sub-projects due to non-availability of women workers.

14. The SMNGOs have been working at the field level under particular terms and reference to ensure local people’s participation in the community infrastructure development activities. They are conducting feasibility study at Para/Community level through holding consultation meetings and group discussion with male and female in the Community/Para including Para Development Committee (PDC) Chairman and Members to seek their opinion regarding their needs in terms of irrigation, water supply, stair, drain, village road etc. They are preparing Feasibility Study Report (FSR) for each of the Para/Community. As of December 2016 a total of 433 FSRs have been submitted to ADB from three districts for clearance from which 336 FSRs for 336 subprojects have been concurred by ADB and 97 FSRs are still pending with ADB. Out of approved 299 subprojects, 248 subprojects have been fully implemented,55 subprojects are under implementation and 33 subprojects under procurement process.. Details in table Ex-3.


Ministry of Chittagong Hill Tracts Affairs xiii Second Chittagong Hill Tracts Rural Development Project

Table-EX 3: District wise implemented interventions under community infrastructure component

Item Unit Rangamati Khagrachari Bandarban Total

FSRs submitted to ADB for clearance

No 178 142 113 433

FSRs cleared by ADB No 153 104 79 336

FSRs pending with ADB No 25 38 34 97

Completed Sub Project No 112 73 63 248 Subprojects under implementation

No 20 19 16 55

Procurement under process No 21 12 0 33 Total 509 388 305 1202


Ministry of Chittagong Hill Tracts Affairs xiv Second Chittagong Hill Tracts Rural Development Project

C. Micro Agribusiness Development component

15. AgroMech Development Initiatives (ADI) Foundation along with other three local NGOs namely Banosree Nari Unnayan Foundation (BNUF), Jum Foundation (JF) & Progressive have been selected by ADB for implementation of the Micro Agribusiness Development (MAD) component of the project. The MAD component activities have been started in 2016 i.e. after 4 years of commencement of the CHTRDP-II in 2012. Contract signing and staff mobilization for MAD component have taken place on 6 March 2016. 16. Contract negotiation with the MAD NGO was held on 09 January 2016 at Rangamati in presence of ADB Mid Term Review Mission. Contract was signed on 06 March 2016 with the PMO and letter of intent was issued on 07 March 2016. The MAD NGOs started mobilization of available staff proposed in the proposal and set up project offices from 09 March 2016 in three project districts. At least nine staff members of various positions were required replacement due to unavailability. Necessary equipments including furniture fixtures, motorbike, etc. are not fully procured until December 31, 2016. Procurement of Motorbike for the field staff members is still pending.

17. The MAD NGOs will provide support to the small growers giving them the ideas of where to sell, how to sell and how the price negotiation can be done. The NGO will form CIG (Common Interest Group) of the producers for growing orchards of fruit bearing and medicinal trees on their land, transfer of cultivation technologies, good marketing practice and value addition of their products.


Ministry of Chittagong Hill Tracts Affairs xv Second Chittagong Hill Tracts Rural Development Project

Box 1: Project at a Glance

1. Project Name: Second Chittagong Hill Tracts Rural Development Project 2. Project Number: 42248-013

3. Country: Bangladesh 4. Department/Division: South Asia Department/Environment, Natural Resources & Agriculture Division

5. Sector Classification:

Sectors Primary SubsectorsAgriculture and natural Resources

√ Agriculture and rural sector Development

Irrigation, drainage, and flood Protection

Land-based natural resources Management

6. Thematic Classification:

Themes Primary Subthemes Economic growth √ Widening access to markets and

economic opportunitiesSocial development Indigenous people Gender equity Gender equity in economic

Opportunities Capacity development Institutional development

6a. Climate Change Impact 6b. Gender Mainstreaming

Adaptation Low

Gender equity theme (GEN) √

Mitigation Low Effective gender mainstreaming (EGM)

Some gender benefits (SGB) No gender elements (NGE)

7. Targeting Classification: 8. Location Impact:

General Intervention

Targeted Intervention National Low Geographic dimensions of inclusive growth

Millennium development goals

Income poverty at household level

Rural High

√ 9. Project Risk Categorization: Complex

10. Safeguards Categorization: Environment B

Involuntary resettlement A Indigenous peoples A

11. ADB Financing:

Sovereign/Non-sovereign Modality Source Amount ($ Million)

Sovereign Project loan Asian Development Fund 55.0

Total 55.0

12. Co-financing: No Co-financing available.

13. Counterpart Financing:

Source Amount ($ Million) Beneficiaries 1.4 Government 14.4

Total 15.9 14. Aid Effectiveness:

Parallel project implementation unit No Program-based approach No


Ministry of Chittagong Hill Tracts Affairs xvi Second Chittagong Hill Tracts Rural Development Project

Fig 1: Map of Chittagong Hill Tract Region Showing Location of CHTRDP-II


Ministry of Chittagong Hill Tracts Affairs 17 Second Chittagong Hill Tracts Rural Development Project

I. INTRODUCTION

A. Background

1. Over 60% of Chittagong Hill Tracts (CHT) rural households are involved in agriculture and agricultural laboring. Communities are remote and road & market infrastructure are limited. CHT suffers from income and human poverty. On average, per capita income in the CHT region are about 40% lower than the national average, with median annual household income being less than Tk 24,000 with only 10% earning above Tk 60,000, as compared to an annual average of Tk 84,000 per household in rural plain land Bangladesh. The overall incidence of severe poverty is 36%, within which indigenous communities have higher incidence (44%) than other communities (31%).

2. On the other hand, in rural CHT poverty is about 1.6 times higher than other parts of rural Bangladesh and is the most socially deprived region in Bangladesh (BBS, 2013). Within the CHT Bandarban is the only district that systematically scores below the national average in many socio-economic indicators. BBS report (2013) also showed that Bandarban and Khagrachari had the poorest types of housing, (with most people live in Kutcha houses1) with Bandarban also had the highest proportion of households lacking access to sanitation and electricity. More importantly, 6 out of 7 Upazilas of Bandarban, and 6 out of 10 Upazilas of Rangamati are considered deprived using the composite deprivation index.

3. Lack of access to markets impedes the transformation of production in CHT. Only 16% of

CHT villages have access to paved roads, and the average distance between a village and

nearest paved road is 4.5 km. Economic hubs are on average 7 km away from villages. Manual

transportation of goods from village to paved road severely limits the extent to which producers

can benefit from larger national and regional markets. The planned rural road network for CHT

is 8,867 km; 83% of it is currently unpaved. Less than half of the population has access to tube

well water, and supplies are scarce.

4. To address these issues The Second Chittagong Hill Tracts Rural Development Project

(CHTRDP-II), which is the successor of the Chittagong Hill Tracts Rural Development Project-

Phase 1 (July 2001 to December 2008), is being implemented in the three CHT districts, located

in the most eastern part of Bangladesh.

5. The expected outcome of the project is increased income-generating opportunities for

men and women in subproject areas in the three Hill Districts through the project’s five main

outputs, which are institutional development and capacity building, upgraded rural roads,

maintenance of community infrastructure, sustainable micro agribusiness development (MAD),

and efficient project management support.

6. As a part of the project management support, consultants of the safeguards and quality

monitoring cell (SQMC) provide inputs on intermittent basis to monitor quality of construction

1 Made of bamboo and straw in fence and CI sheet or straw in the roof



works and compliances with social and environmental safeguards. The Social Safeguards

Monitoring Report, which covers the period from July to December 2016.

B. Purpose of the Report

7. The purpose of this report is to ensure that the project is implemented with due concern

for social safeguards according to the ADB’s Safeguard Policy Statement 2009, specifically to

ensure that these issues are adequately addressed to the requirements of ADB: (i)

compensation for land and other affected assets; (ii) compensation for loss of income; (iii)

continuing tenure of land by the original users; (iv) gender issues; (v) indigenous people; (vi)

grievance redress mechanism; (vii) income and livelihood restoration of the affected people, etc.

C. Methodology adopted

8. The methodology adopted for this report includes reviewing records and document, field

visits and consultation with relevant stakeholders such as affected persons, beneficiaries,

female groups, Para Development Committee (PDC), Karbari, Project Implementation

Consultant (PIC), Project Management Office (PMO) and Regional Council (RC), District Project

Management Office (DPMO), Hill District Council (HDC) and Local Government Engineering

Department (LGED) at different levels to (a) verify compliance issues pertaining to all

safeguards matters related to contracts contained social conditions, land acquisition and

resettlement process, consistent with Government of Bangladesh (GoB) and ADB requirements;

and (b) assess NGO’s claims in terms of skills, staffing, experience, resources and corporate

legality.

D. Scope of reporting

9. The scope of this report is to assess the progress with implementation and compliance of

the Land Acquisition and Resettlement Plan (LARP), Community Infrastructure Component,

Micro Agribusiness Development Component, Water Shed component and the Indigenous

Peoples Plan (IPP), including any corrective and preventative actions.



II. PROJECT DESCRIPTION AND ORANISATION

A. Project Description (CHTRDP-II)

10. The Project was approved by Asian Development Bank (ADB) in July 2011 for an amount

of $55.00 million from ADB’s Special Funds. The Project cost is $70.80 million of which $14.40

million is GoB financing and the remainder from beneficiary’s contributions. The Loan

Agreement was signed between the GOB and the ADB on 02 October 2011 and became effect

on 13 December 2011. The project implementation period is December 2011 - December 2018.

11. The Project comprises of five components - (i) institutional development and capacity

building; (ii) upgraded rural roads, (iii) development of community infrastructure, (iv) micro

agribusiness development, and (v) project management. Out of these five components rural

roads, community infrastructure, and micro agribusiness development are related to

environment and social safeguards.

12. The rural roads component comprises of (i) 60 km of union roads; (ii) 40 km of Upazila

roads; (iii) 3,884 meters of bridges and culverts; and (iv) three functional buildings.

13. The community infrastructure component comprises of (i) construction of approximately 92

km of village roads and foot paths, (ii) 24 market sheds; (iii) improving small-scale irrigation and

water supply in 600 villages; and (iv) participatory watershed management interventions in six

sample watersheds.

14. The micro agribusiness development component comprises 1,620 ha of new orchard

development by 60 interest groups established in selected villages in three hill districts.

B. Project Organisation

1. Institutional Arrangement of the Project

15. The Ministry of Chittagong Hill Tracts Affairs (MoCHTA) is the executing agency and is responsible for overall project implementation. The Chittagong Hill Tracts Regional Council (CHTRC) is the lead implementing agency and the Local Government Engineering Department LGED) is the implementing agency for the rural roads component. 16. The PMO, headed by a Project Director, has been established within the CHTRC to manage and closely coordinate project activities across all agencies. LGED has appointed another Project Director to implement the rural roads component. One DPMO for each of the three districts has been established headed by a Deputy Project Director, who reports directly to the Project Director, PMO. Here CHT PMO is responsible for preparation and implementation of land acquisition and resettlement plan (LARP) and to ensure implementation of Community Infrastructure and MAD components while LGED is responsible for construction of rural roads under RR component of the project.



MoCHTA Executing

AgencyMoCHTA

CHTRCImplementing Agency

PMO(Rangaati) SQMC

Independent reporting to

ADB

HDC Rangamati

District

HDCBandarban

District

HDCKhagrachari

District

LGED Khagrachari

District

LGED Bandarban

District

LGEDRangamati

District

LGED (Dhaka)

Project Sub-Office

Project Sub-Office

Project Sub-Office

ADB : Asian Development Bank; CHTRC : Chittagong Hill Tracts Regional Council; HDC : Hill District Council; LGED : Local Government Engineering Department; MOCHTA : Ministry of Chittagong Hill Tracts Affairs; PD : Project Director; PMO = Project Management Office; SQMC = Safeguards and Quality Monitoring Cell

Figure 2: Project Organizational Structure



17. Project implementation consultants (PIC) has been recruited for supporting PMO and

DPMO for all aspects of project implementation. NGOs have also been recruited to provide

social mobilization, community infrastructure, Watershed management, MAD support,

resettlement planning and implementation. The SQMC has been established to monitor quality

of construction works and compliance issues of social and environmental safeguards.

2. Organizational Structure for the Social Safeguard

18. Social safeguard issues have been addressed during preparation of the safeguard documents under various components of the project. There are officials at various levels from PMO, SQMC, PIC, RNGO, SMNGO and MAD NGO to look after social safeguard issues The Deputy Project Directors (one in each three districts) are designated as chief resettlement officer while project implementation consultant (PIC) has one social safeguard specialist on intermittent basis to look after social and resettlement issues of the project. Safeguards and quality monitoring cell (SQMC) has been established in the project to ensure quality monitoring of the social, environmental and engineering works of the project. Apart from these, resettlement NGO (RNGO) and social mobilization NGO (SMNGO) are also engaged to assist PMO in implementation of the social and land acquisition and resettlement issues. NGOs for MAD component have been awarded after signing contract in March 06, 2016. SQMC consultants monitor social safeguard issues on bi-annual basis and report to PMO and ADB.

3. Progress of the Project

19. The rural roads component initially comprised of 166 km road including 105 km of union roads, 61 km of Upazila roads, 3,884 meters of bridges and culverts, and three functional buildings at LGED offices in three project Districts. Due to shortage and adjustment of fund and other reasons the target of the RR component came down and finally fixed to construct 100 km road including 60 km Union road and 40 km Upazila Road, 3884 meter bridges and three functional buildings. Taking into account of the revised target of construction, overall physical progress under the rural roads (RR) component is about 30% against the elapsed loan period of 67%. Construction of two functional buildings of LGED (Rangamati and Khagrachari) is completed while it is still under construction at Bandarban. On the other hand, construction of Betbunia Chaeyri Bazar road (Rangamati) and Panchari GC- Bhaibon Chara road (Khagrachari) is almost completed (more than 90%). Construction works at Raycha-Goaliakhola road including bridge (Bandarban) and Shindukchari Union H/Q-Dullha Tali GC via Challya Tali Road (Khagrachari) are in progress. Under the community infrastructure (CI) component, 600 subprojects will be implemented (200 in each 3 districts). Apart from this, about 92 km local road/footpath will be constructed/developed under CI component. 20. As of December 2016 total of 248 subprojects under CI component have been completed. More 55 subprojects are under implementation and 33 subprojects are under procurement process at three project districts. A total of 433 FSRs have been submitted to ADB from three districts for clearance from which 336 FSRs for 336 subprojects have been



concurred by ADB and 97 FSRs are still pending with ADB. Out of approved 299 subprojects, 248 subprojects have been fully implemented,55 subprojects are under implementation and 33 subprojects under procurement process.. All of these 248 completed subprojects consist of improvement of about 59.35km HBB foot paths, installation of 696 tube wells and 33 ring wells, construction of about 21.359km of irrigation canals, 6 market sheds, 4742m concrete stairs, supply of 571 pump machine, 433 power tillers and selection of six watershed management site (2 in each project district). Community people especially Para Development Committee (PDC) including male and female are closely consulted during planning, intervention selection and implementation. Female workers along with male from the community are getting work opportunity in the construction works. 21. A Non-Governmental Organization (NGO) namely “AgroMech Development Initiative Foundation” along with other three local NGOs namely (i) Jhum Foundation, (ii) Banosree Nari Unnayan Foundation and (iii) Progressive have been selected for implementation of the Micro Agribusiness Development (MAD) component of the project. MAD NGOs are on board from 06 March 2016 and started implementation of activities particularly training of beneficiaries under MAD components. As of December 2016, 78 training programs have been held with various groups of beneficiaries under MAD component. Major trainings (52 numbers out of 78) were held on vegetable seeds and pheromone traps for growers followed by training on production system selected high valued fruits-orchard (09 Nos.), medicinal plants production (09 Nos.) and on pond fisheries (08 Nos.),. Six watershed sites have been selected development activities is going on in three Hill districts.

22. Location of the watersheds in three districts are as under-

Kahgrachari District- 1. Taraban Chara

2. Godachara

Rangamati District- 1. Debuchara

2. Dozori Para

Bandarban District- 1. Mozra Chara

2. Pee Mrong

Watersheds will be used for fish cultivation and irrigation facilities in the command area in dry season.



III. SOCIAL SAFEGUARDS MONITORING

23. This section describes social safeguards issues particularly socioeconomic profile of the affected people, land acquisition and resettlement, compensation delivery process and progress, relocation and income restoration, etc. under rural road component and community participation in civil works of the rural road or community infrastructure component and MAD component. Grievance redress mechanism and practice is also discussed in this section

A. Basic information on AP households

1. Location of the project

24. The CHTRDP-II is being implemented in the three Hill Districts Rangamati, Khagrachari and Bandarban. Locations of the subprojects especially the CI components are remote in some cases and not easily accessible. Under the three districts the subprojects are implemented in 12 Upazials (4 Upazila in each district) such as Laxmichari, Rajasthali, Rangamati Sadar and Kawkhali Upazila under Rangamati district, Panchari, Khagrachari Sadar, Mohalchari and Laxmichari Upazila under Khagrachari district and Ruma, Lama, Bandarban Sadar and Rowangchari Upazila under Bandarban district.

2. Composition of structure, age, education, skill levels

25. Among the affected people of the subprojects under RR component most are tribal and some are Bangali (main land people, mostly Muslims). This is due to some plain land people have been living in the project area for long time with land ownership status or by occupying government land.

26. Tribal people are living in society following traditional custom. The tribal community is led by Mouza Headman where Karbari is the chief of Para/Village. Among the local people including affected/beneficiary groups, a trend is found to send their children to school operated by. Government or NGO. Therefore literacy rate among the affected people and others in Hill Districts is getting higher except some remote areas. The hill people especially IP groups are crosscut by differences in religious faith and practices. The Buddhists have historically constituted the majority religious group in the CHT, with much smaller numbers of Hindus, Christians, and worshippers of nature. However, none of the indigenous peoples are Muslims.

3. Gender of Household Head

27. Traditionally the tribal communities are headed by male although female are more industrious and play vital role in household chores. Among the affected people of the subprojects (three districts) about 85% of the households found male headed whereas 15% found female headed due to death of husband or any other causes.

4. Ethnic Groups

28. It is discussed that most of the inhabitants in the project area are tribal people. About 11 ethnic multi-lingual minorities are living in these three districts. These are: Bawm, Chak, Chakma, Khyang, Khumi, Lushai, Marma, Mro, Pankhua, Tangchangya, and Tripura. The largest ethnic groups in the CHT are the Chakma, Marma, Tripura, Mru and Tanchangya, and



together they make up about 90% of the region’s indigenous people (IP). Access to health, education, utilities, and other social services are poor in the remote communities.

5. Housing Type

29. Housing type of the Hilly people is almost similar in rural areas but there is variation in the township or growth centres. Most of the houses in the project area are made of corrugated iron (CI) sheet and some are made of Bamboo fenced with CI sheet roof. In most cases the houses are traditionally built on wooden or bamboo pegs with a wooden stair to get in to the room. They use the ground floor (under the house) as goat or pig shed or to store firewood. In some cases brick wall with CI sheet roof or full of CI sheet made houses are also found.

6. Land and other resources

30. There are two types of land ownership in the CHT, (i) registered/legal owners and (ii) customary right. Major portions of the lands are still being used under customary right. Land and other resources owning and using pattern is almost similar in all three districts. Headman is the sole authority to recognize anyone as user of customary land parcels. Registered land holdings are authenticated by the record of rights in black and white.

7. Occupation and employment pattern

31. Among the total affected people in 10 LARPs, occupation and employment patterns found mostly traditional i.e. 42% of them are involved in farming while 3.54% in business, 12.18% in service and over 42% found as student. Among the students it is remarkably observed that more than 57% of the student is female and remaining 43% are male student. It is meaning the girls are being more educated in hill districts than boys. Apart from this, it is found that female members are actively taking part in economic activities beyond household chores e.g. 27.27% in agriculture, 31.45% in service and 11.11% in business.

8. Income sources and levels

32. The affected people are mostly living in middle or lower middle class in terms of income. Over 40% of the households earn up to BDT 120,000 taka per year amongst them 8.5% earn up to BDT 60,000. Slightly higher than 37% of the households found in the income group over BDT 180,000 per year. According to the occupational pattern of the affected people it is revealed that income source of them are mainly agriculture and service. Business is also one of the sources of income of the tribal people. Rural people also depend on home side gardening, tree plantation, etc for their income.

9. Agricultural Production

33. Traditionally the rural people of the Hill districts are habituated with Jhum cultivation on the slope of the hills. Over the decades such Jhum cultivation has declined and various types of crops and orchard including Pine Apple, Mango, Litchi, etc. has taken place. Yield rate of crops varies from region to region in hill districts but cultivation of paddy in the valleys of mountain or in plain land found good as other parts of Bangladesh. Production rate of Pine Apple in Hill districts is much better that other parts of the country. Numeric data on agricultural production will be presented in next report to be commenced in January 2017.



10. Participation in community groups

34. There is a good social integrity among the tribal people in traditional leadership system under Mouza Headman, Karbari and Para Development Committee (PDC). All social issues are primarily resolved by the PDC, Karbari or Headman. In the LARP implementation process an alternative dispute resolution forum (ADRF) has been prescribed prior to official grievance mechanism. The community people have participated in the process of project implementation through PDC and other traditional social leaders. Activities under Community Infrastructure component are being implemented through direct involvement of PDC.

11. Access to cultural sites and events

35. Along the sub-project right of way there are some recognized cultural sites but these are not affected or impacted by the subproject interventions rather facilitating access to those sites. Tribal people are living in remote areas with very limited access to the main road/community. Implementation of the project will provide them more easy and safe access to the main road and growth centres/townships.

12. Value of all assets forming entitlements

36. A total of 15 land acquisition and resettlement plans (LARPs) have been prepared by the RNGO in three districts with necessary budget for land acquisition and resettlement benefits. Out of the 15 LARPs, 10 LARPs have been concurred by ADB from which 09 LARPs are approved by the MOCHTA. Land acquisition and resettlement activities are usually started after approval of the LARP for the respective sub-projects. A total of BDT 339.51 million has been estimated for the 15 LARPs for payment of compensation for the affected land, structure, trees etc. Including compensation budget to be paid by Deputy Commissioners and PMU as top-up. The budget also includes contingency, administrative costs and other associated costs. Affected people are entitled for replacement value of land and structures, resettlement benefits as structure transfer grants, reconstruction grants, homestead development grants, stamp duty and registration cost, etc. as per policy of the LARP.

37. Each of the subprojects will need individual LARP. The RNGO (Tangya) has been preparing LARPs for the sub-projects following GoB LA Law, Hill Tracts LA Act and ADB Safeguard Policy Statement (SPS) 2009. Compensation payment by the DC has been started in four subprojects such as Betbunia-Chaeyri Bazar, Panchari, Shindukchari and Raicha Goaliakhola road.

38. CHTRDP –II has been implementing following GoB land acquisition law, CHT laws and regulations and ADB safeguard policy statement (SPS) 2009 particularly in case of land acquisition, & resettlement, compensation payment, grievance mechanism, etc. The project has various components including Rural Road (RR) component, Community Infrastructure (CI) component, Micro Agribusiness Development (MAD) component, etc. These all aim to develop road communication as well as economic development of the tribal people and other living in the three Hill districts.



B. Rural Road Component

39. The Rural Road (RR) component requires private land acquisition and displacement of the households and shops in many of the sub-projects. Each of the subprojects require preparation of one LARP. The RNGO (Taungya) is preparing LARPs for the sub-projects following GoB LA Law, Hill Tracts LA Act and ADB Safeguard Policy Statement (SPS) 2009. Compensation payment by the DC is being made for the affected properties. LARPs have been prepared for 15 sub-projects from which 10 LARPs have been concurred by ADB and among them 09 LARPs have been approved by MOCHTA (except Baniarchar-Gozalia road under Bandarban district). Property Valuation Assessment Team (PVAT) has assessed replacement value for the affected land of various sub-projects. In the Betbunia-Chayeri Bazar Laksmichari via Barmachari Road the PVAT recommended replacement value is less than the CCL value determined by DC office Rangamati. Therefore additional payment on DC’s CCL does not require. This is unusual that the replacement value assessed by PVAT is less than CCL price since CCL price is assessed based on the transacted deeds while replacement value is assessed based on current market price.. The PVAT should follow the best practices of other development projects in case of assessing the replacement value for the affected properties. 40. As of December 2016 a total of 15 land acquisition plans (LAPs) have been submitted to DC offices with necessary documents for starting land acquisition process from which four LAPs (Betbunia-Chayeri Bazaar of Rangamati district and Panchari GC-Bhaibon Chara and Shindukchari Union H/Q-DullhaTali GC via ChallyaTali Road of Khagrachari district and Raicha-Goaliakhola road and bridge over Shangu river of Bandarban district) are being implemented. Compensation payment is being made to entitled persons for loss of land, structure, trees and other assets as per LA law. Remaining 11 sub-projects are yet to start payment of compensation from which joint verification survey is done in hree sub-projects such as Raikhali GC Ferry ghat road Part-1 and Part-2 under Rangamati district and Garitana GC to Batnatoli Union HQ road of Khagrachari. Eight LAPs are under process of land acquisition since joint verification is still pending. Among these eight subprojects, five subprojects are at Bandarban and three are at Rangamati.

41. Out of the 15 subprojects, only 4 subprojects are under implementation and remaining are in progress. Considering project timeline, elapsed time and remaining sub-projects in hand for implementation, it very hard to reach and almost impossible to achieve the target. Necessary measures are to be taken for expediting the LA process and LARP implementation as well. Status of Land acquisition and LARP implementation in all 15 sub-projects is presented in the table 1.



Table 1: Subprojects-wise status of preparation and implementation of LAPs/LARPs

Sl. No

Name of Subproject

Date of approval of

LARP

Date of submission of LAPs to DC

offices

Number of affected HHs

Preparation and implementation status of

LARP

Rangamati Districts 01 Betbunia-

Chayeri Bazar Laksmichari Via Barmachari Road,

19 October 2014

13 June, 2014 Titled owner -10, Customary – 43, Structure owner 4

LARP is being implemented. CCL and additional benefits are being paid. Total 38 customary land owners and 04 structure owners are paid compensation by DC office with an amount of BDT 1,28,08,864.16. None of the 10 title holders are paid as yet. Prominent reasons behind non-payment of CCL are (i) ownership problem among co-sharers, (ii) record of rights are not updated (iii) Obtaining succession certificate is so complex, etc. Resettlement benefits for crops and structure are paid by PMO to 16 EPs with an amount of BDT 5,29,248.


11 October 2015

27 November 2014

Total HHs 62 and Government

LARP was concurred by ADB on 3rd September 2015 and approved by MoCHTA 11 October 2015. Will start implementation soon. LA process is started. Joint verification has been conducted.


Submitted to ADB on 23.12.2015Awaiting concurrence from ADB

22 December 2015

Total HHs 23 Implementation will start after obtaining concurrence of the LARP from ADB and approval of the same from MoCHTA. LA process is started and Joint verification is done. A total of 0.3035 acres of private land will need to be acquired for the sub-project interventions. Thirteen HHs will be affected



Sl. No

Name of Subproject

Date of approval of

LARP


offices



LARP

who will lose 09 structure and 0.3035 acres of land.

04 Betbunia Chairy bazar –Bar Awalia santirhat Road.

The LARP is approved by MOCHTA on 21 July 2016.

18 April 2015 58 HHs have been identified during census survey

A total of 2.36 acres of legally owned land and 5.014 acres of customary land will be acquired from 58 people. Census and socioeconomic survey has been done and LARP prepared. LARP implementation will be started very soon.

05 Marishay Bazar to Mainimukh Bazar

via Babupara Battali, Dhakkin Saroatoli

road

Concurred by ADB on 30 August 2016 and approved by MoCHTA on 19 September 2016.

19 September 2016

A total of 62 HHs will be affected by

the subproject.

LAP was submitted to DC office and joint verification was done as well. A total of 10.0854 acres land will need to be acquired from which 5.4154 acres private land and 4.67 acres customary land. A total of 62 HHs are affected by the subproject. LARP is now on board for implementation.

06 Upazilla Sadar-Horina Bazar via Bottoli & Moraghona.

LARP is prepared

19 September 2016

A total of 29 HHs are affected

Census and socioeconomic survey has been done and LARP is prepared. Yet to send to ADB for concurrence. According to alignment prepared by LGED the 0.5367 acres private land and 0.3142 acres customary land will need to be acquired. A total of 29 HHs will be affected by the subproject LA proposals have been submitted to the DC office on 19 September 2016..

Khagrachari District 07 Panchari

GC-Bhaibonchara GC via Shantipu

19 December 2014

18 May 2014 Legal Owner- 177 Customary- 60 Structure Owner-19 Tree owner-

LARP is Being implemented. CCL and additional benefits are being paid. Out of 213 legal owners, 203 (95.31%) have been paid while among 60 customary land owners, 58



Sl. No

Name of Subproject

Date of approval of

LARP


offices



LARP

r Aranya Kutir Road,

94 (97%) have been paid compensation. Total estimated budget was BDT 20,755,260 out of which BDT 20267166 have been paid (97.65%). Additional compensation and other benefits have been estimated as BDT 3,185,524 for 213 from which BDT 2,686,791 (84.34%) has been paid to 126 EPs (59.15%).

08 Shinduk chari Union H/Q-Dullha Tali GC Via Challya Tali Road,

LARP approved on 06 November 2014

30 Sept. 2014 (Revised 22 February 2015)

HHs total 23 Joint verification is done and award book is ready. A total of 1.20 acres titled land has been acquired from 23 HHs. No customary land is proposed for acquisition. Total 37 EPs have been identified by DC office for payment of compensation amounting to BDT 4,369,072. Compensation to 28 EPs with an amount of BDT 3,242,568 have already been paid. Payment of additional compensation is yet to start. PVAT will assess replacement cost of land soon.

09 Garitana-Batnatali Road

LARP was concurred by ADB on 4 April 2016 and approved by MoCHTA on 29 May 2016.

16 November 2015

HHs total 83 LAP submitted to DC office on 16 Nov’ 2015. Joint verification is done. A total of 1.79 acres titled land and 3.66 acres customary land have been acquired from 83 people. Will start implementation soon. Compensation payment is not started yet.

Bandarban District 10 Ruma

Sadar-Ruma Bazar (Bridge & Approach) Road,

LARP has been approved on 14 September 2015

28 December 2015

HHs total-5 LAP submitted to DC office on 28.05.2015. LA process is completed and DC office is now preparing estimate for compensation. A total of 0.2633 acres titled land will be acquired from 05 persons.

11 Raicha- Awaiting 16 June 2015 Bandarban Census & IOL done at



Sl. No

Name of Subproject

Date of approval of

LARP


offices



LARP

Goaliakhola Road Bridge on Shangu river and approach road at both ends

concurrence from ADB

Titled EP -01Structure affected -01 Trees affected - 112,

Bandarban part but still to do at Chittagong part. LARP prepared for Bandarban but still pending with ADB for concurrence. LA proposal was submitted to DC on 16.06.2015. Only one EP is affected with 0.4426 acre land, one structure and few trees. Compensation has been paid to land owner with an amount of BDT 4,673,176 by DC Bandarban.

12 Naikhongchari- Tumbru Road, Part-1 (4 km)

LARP has been approved on 14 September 2015

02 March 2015

HHs total- 60

LAP submitted to DC office on 02.03.2015. Total 5.6096 acres land is required from which 4.5696 acres titled land and 1.04 acres customary land. Notice u/s 3 is served on 21 August 2016 and Joint verification done as well. DC office is now preparing estimate for affected properties.


Submitted to ADB on 28 March 2016. Concurrence is pending

20 January 2016

HHs total- 170

LARP prepared and submitted to ADB for concurrence on 28 March 2016. Concurrence is pending with ADB. LA proposal was submitted to DC office 20.01.2016.

14 Lama-Ruposhi para Road (Bridge & Approach).

LARP was submitted to ADB for concurrence on 24 May 2016. Yet to get concurrence.

18 May 2014 Total affected households 32

Land Acquisition Plan has been submitted to the DC office Bandarban on 18 May 2014. A total of 32 affected households have been identified who are losing 5.79 acres titled land and 2.45 acres customary land.

15 Bengchari Road (Rowangchari – Bengchari Road) / baniarchar - Gajalia Road

LARP was concurred by ADB on 12 September 2016. Yet to get approval from MoCHTA

18 September 2016

--

LA proposal was submitted to DC office on 18 September 2016. Total 19.82 acres titled land will be acquired for the subproject.



42. One local NGO namely ‘Taungya’ has been deployed on 01 September 2013 for 48 months as Resettlement NGO (RNGO) to assist the project authority for preparation of the land acquisition plans (LAPs) and preparation and implementation of the land acquisition and resettlement plans (LARPs) for the sub-projects under rural road component. As of now they have prepared 15 LAPs and 15 LARPs. Among the 15 LARPs 10 LARPs are concurred by ADB and out of which 09 LARPs are approved by MoCHTA. Only four LARPs are under implementation and three LARPs will be started implementation soon since the PMO has placed fund with DC offices. In eight subprojects out of 15, LA process will be getting delayed since joint verification survey is still to conduct. For completion of the remaining works within next 08 months (January 2017-August 2017) the RNGO would have a time bound action plan with specific deadline to achieve the target. DC offices may be pursued to expedite the LA process and reduce time of land acquisition process by giving priority on the CHTRDP-II. Reconnaissance visit, notice serving, joint verification, estimation of budget and compensation delivery process would be on time so that PMO can pay additional compensation and resettlement benefits at the soonest possible time with assistance from RNGO.

43. Three offices in three Hill Districts have been opened and necessary staff members have been deployed by the RNGO. They are assisting the affected people in updating record of rights and receiving compensation from DC offices. They are also coordinating with DC offices and PMO to expedite LARP implementation including payment of compensation. An income and livelihood restoration program would be implemented as per policy of the LARP. A need assessment study among the vulnerable households of Betbunia Cheyari Bazar road has been conducted by RNGO. Needs of the people in terms of income generating activities will be linked with MAD component if the training needs are matched. If there is no similarity between people’s demand and MAD scheduled training components, then RNGO may arrange training with prior approval from the PMO. The RNGO will prepare training schedule, methodology, training modules and necessary budget for conducting training programs. PMO will examine it and approve based on heads of expenditures and budget availability in the project. Market assessment is also required in parallel to need assessment so that trained people can easily start business or get work opportunity after having training. Necessary support from LGED, PMO and DC offices to the RNGO would be very much effective for proper implementation of the LARP.

C. Community Infrastructure (CI) Components

44. Community Infrastructure (CI) Component is one of the three components of the project. Three groups of Social Mobilization NGOs (SM NGO) have been engaged for three Hill Districts to assist the PMO in implementation of the Community Infrastructure (CI) Components of the project. SM NGOs recruited for the CI components for three Hill Districts are as under-



Table 2: SM NGOs deployed for the CI component

District Name of recruited NGOs Date of signing contract

Date of mobilization

Rangamati

1. Green Hill (Lead NGO) 2. ASHIKA 3. Signing Hill 4. Jhum Foundation 5. Progressive


Bandarban

1. Toymu (Lead NGO) 2. AKS 3. Mrochet 4. RDO 5. Humanitarian Foundation 6. CHD


Khagrachari

1. Trinomul (Lead NGO) 2. Assistance for Livelihood

of the Origin (ALO) 3. Khagrachari Mohila

Kolyan Samity 4. Kabidang 5. Zabarang Kolyan Samity

24 December 2013 24 December 2013

45. The SM NGOs have been working at the field level to ensure local people’s participation in the community infrastructure development activities. Consultation meetings with potential beneficiary communities and traditional leaders including Head Man, Karbari and elected local government representatives such as Union Parishad Chairmen, Members, etc. This is to seek opinion of the local leaders and community people in their development. Particular scopes of works of the SM NGOs are as under-

(i) Undertake social mobilization in villages being covered by the project. Social mobilization will include dissemination of information about the project it’s objectives, likely sub-projects and project procedures

(ii) Facilitate Para Development Committee (PDC) functioning, paying attention to the participation of women and the poorest in decision-making and implementation process

(iii) Undertake training of trainers for village based specialist activities such as O & M of village water supply, rural access maintenance etc.

(iv) Carry out training of PDCs in management and accounting and other organization skills, such as recording minutes of meetings, etc.

(v) Assess capacities of PDCs and carryout special training of PDCs judged to be of inadequate capacity



(vi) Work with PDCs in participatory village boundary mapping and provide support for resettlement issues;

(vii) Provide managerial and technical backstopping in selection, planning, construction and O&M of CI works, such as water supply, small-scale irrigation, village paths and steps, etc.;

(viii) Wherever markets are to be constructed, assist the PDC to construct and manage the market. Technical backstopping to be provided by LGED as required.

(ix) Undertake group formation for common interest group activities;

(x) Form links with technical agencies, specialist research institutes and other projects for cross learning and capacity building;

(xi) In the selected watershed management sites, work with the relevant group of villages to build watershed committees, and assist the PDCs in planning and implementing the pilot watershed programs;

(xii) In all of these activities, the work with relevant PMO and DPMO staff and consultants;

(xiii) Provide continuous social development support throughout Project duration;

(xiv) Submit periodic village-wise and consolidated reports to the DPMO; and

(xv) Facilitate DPMO in required activities including data collection for monitoring and evaluation purposes.

46. Community infrastructure component is being implemented in three project districts As of December 2016 a total of 248 subprojects have been completed and implementation of another 55 subprojects is in progress and 33 subprojects are in the procurement process. A total of 433feasibility study reports (FSRs) have been submitted for 433 subprojects from which 336 FSRs have been approved by the ADB. All of the 248 completed subprojects consist of improvement of about 59.35km HBB foot paths, installation of 696 tube wells and 33 ring wells, construction of about 21.36km of irrigation canals, 6 market sheds, 4742m RCC stairs, supply of 571 pump machine, 433 power tillers, 14 water reservoir tanks for water supply and development of six watershed management site (2 in each project district). Community people especially Para Development Committee (PDC) including male and female are closely consulted during planning, intervention selection and implementation. The Deputy Project Directors of DPMO at district level are responsible for implementation of the CI component. District wise implemented interventions under community infrastructure component in three districts are presented in table 3 below-



Table- 3: District wise implemented interventions under community infrastructure component

Item Unit Rangamati Khagrachari Bandarban Total

Total FSRs prepared by DPMOs

No 192 169 139 500

No. of FSRs submitted to ADB for clearance

No 178 142 113 433

No. of FSRs cleared by ADB

No 158 104 79 336

Completed Sub Project No 112 73 63 248 Subprojects under implementation

No 20 19 16 55

Subprojects under Procurement process

No. 21 12 00 33

Irrigation Canal Meter 1,800 18,426 1,133 21359 RCC Stair/ Step Meter 887 145 3,710 4,742 HBB-Footpath Km 18.00 14.55 26.80 59.35 U-Drain Meter 0 60 1036 1096 Foot Bridge Meter 165 88.15 0 253.15 Culvert / Protection wall Meter 51 75 63 189 Gravity Flow System (GFS) / IGF

No 8 0 2 10

Earthen Dam Meter 0 90 51 141 Power Tiller Nos 285 92 56 433 Pump Machine Nos 485 68 18 571 Tube well Nos 293 310 93 696 Ring well Nos 20 0 13 33 Pond Excavation Nos 0 2 0 2 Water Reservoir Tank for water supply

Nos 4 0 10 14

Market-shed Nos 4 2 0 6 Watershed Management Site Selection and development

Site 2 2 2 6

WMSc Overseas Study Tour

Person 15

47. Project Implementation Consultant and PMO/ DPMO officials including Project Director and Deputy Project Directors have been monitoring activities on timely fashion.. According to the rule of CI component about 30% of the total laborers engaged for construction works are to be female. These people would be deployed from the local community under labor contracting society (LCS). It was observed that local females have got opportunity in construction works but not as per prescribed ratio (30%) and didn’t receive equal salary of the male laborers due to their nature of job. The contractors were consulted about the issue and known that nature of work of the female laborers was not similar to male and therefore in some cases wages of female is less than that of male laborers.



D. Micro Agribusiness Development (MAD) component

48. For implementation of the Micro Agribusiness Development (MAD) component “Agromech Development Initiative (ADI) Foundation” along with other three local NGOs namely (i) Jhum Foundation, (ii) Banosree Nari Unnayan Foundation and (iii) Progressive have been selected though competitive bidding process.

49. The MAD component activities have been started in 2016 i.e. after 4 years of commencement of the CHTRDP-II in 2012. Contract signing and staff mobilization for MAD component has taken place on 6 March 2016.

50. Contract negotiation with the MAD NGO was held on 09 January 2016 at Rangamati in presence of ADB Mid Term Review Mission. Contract was signed on 06 March 2016 with the PMO and letter of intent was issued on 07 March 2016. The MAD NGOs started mobilization of available staff proposed in the proposal and set up project offices from 09 March 2016 in three project districts. Necessary equipments including furniture fixtures, motorbike, etc. are not yet fully procured as of December 31, 2016. total duration of assignment of the MAD NGOs is about 28 months from March 2016 to June 2018.

51. Target area of the MAD component is (1) 972 hectors of new orchard and up gradation of old trees, (2) Formation of 60 CIG including 30% women members in three districts (Table 4).

Table 4: Location of MAD activities District Upaziua

Rangamati: (a) Sadar; (b) Kaptai; (c) Kawkhali;

Khagrachari: (a) Sadar; (b) Laxmichari; (c) Panchari

Bandarban: (a) Sadar; (b) Rowanchari; (c) Ruma.

52. MAD INGOs have been conducting training programs for the growers/cultivator for the skill development. As of December 2016 the MAD NGOs have conducted 78 training sessions in three districts in four different components although they are to conduct training on 10 components. They conducted training on vegetable seeds growing, production system of high valued fruits, production of medicinal plants and pond fisheries (Table 5).

Table 5: Trainings conducted by MAD NGOs on various components

Training components No. of Trainings held Vegetable seeds and pheromone traps for growers 52 Production system of selected high valued fruits-orchard 09 Medicinal plants production 09 Pond fisheries 08 Total trainings held 78



53. The MAD NGOs are assigned to help the small growers giving them the ideas of where to sell, how to sell and how the price negotiation can be done. The NGO will form CIG (Common Interest Group) of the producers, transfer of cultivation technologies, good marketing practice and value addition of their produces. Progressive Farmers Association (PFA) needs to be formed by the NGO who will collect the produces from the small and marginal producers and will bring those to the collection centre (Market Sheds) constructed by the CHTRDP project and make a linkage to the traders, to the other areas of the countries for transport those to them.

E. Scope of Monitoring of the SQMC

54. Monitoring of the social and resettlement activities have been carried out taking into account of the Design and Monitoring Framework-DMF (Enclosed in Annex 1). The project activities are being carried out as per DMF. The target has been re-fixed based on financial flow and remaining period of the project. The scope of the monitoring comprises the following:

(i) Review and verify periodic reports prepared by the Project Implementation Consultant, RNGO, SMNGO and MAD NGO

(ii) Review the socioeconomic baseline information and impacts from the LARPs

(iii) Identify and select impact indicators in rural road, community infrastructure and MAD component;

(iv) Collect information on land acquisition, relocation and resettlement due to the project interventions from the DC offices and RNGO

(v) Consult Affected Peoples, CHT Regional Council, executing agency officials, project implementation consultants, community people for preparing review report; and assess efficiency, effectiveness, impact, and sustainability of the resettlement to draw lessons for preparation and implementation of future resettlement planning documents

55. The monitoring was conducted based on

(i) the procedures and guidelines of ADB as set out in the SPS 2009;

(ii) relevant laws, policies, and regulations of GoB and CHT;

(iii) Land Acquisition and Resettlement Plans and Framework of the Project; and

(iv) the general principle that AP’s livelihood should be better or at least maintain their living condition as before the project.

F. Methodologies adopted during monitoring

56. During preparation of this Social Monitoring Report the Project Implementation Consultants and RNGO personnel were consulted and discussed about social issues Tribal People’s social custom, land ownership criteria, Social Hierarchy including complaints resolution in traditional social system under Headman or Karbari, etc. and other issues related to social



and resettlement. Affected people including potential physically displaced people were consulted during monitoring report preparation. The SQMC consultants have visited some of the selected subprojects of Rural Road Component and CI component including watershed management during reporting period and consulted potential affected people and other stakeholders including traditional leaders of the Tribal Society. Besides, the following methods were adopted during preparation of this document.

(i) Reviewed secondary sources available in connection with the project such as monthly and other periodic reports prepared by the RNGO, SMNGO, MAD NGO and PIC.

(ii) Policy of the LARP, land acquisition laws and practices of CHT, methods of compensation determination, previous reports, documents of the project and other available secondary sources were taken into account during preparation of the report.

(iii) Effectiveness of the grievances redress mechanism on the social & environmental issues were considered. An effective mechanism for receiving the complaints from the aggrieved persons of the local community has been introduced in this report.

(iv) The information taken from different institutions and persons has been considered in preparation of this document. The PIC Social Specialist has been monitoring the social issues of the project including Grievance Mechanism at Alternative Dispute Resolution Forum (ADRF) level, employment opportunity of the local people in project, etc. The information so far collected from the PIC and RNGO has been incorporated in the monthly reports of the PMO.

(v) During construction period, compliance issues lying with the contactor on deployment of local people in civil construction, gender aspect, discrimination of payment to male and female wage laborers, freedom of association, etc. have been checked and verified by the PIC, SQMC and PMO. Information so far collected from the PIC, RNGO, SMNGO, MAD NGO and the field has been incorporated in this report.

G. Monitoring of LARP implementation

57. The LARP contains monitoring of implementation by internal and external monitor. For smooth implementation of the LARP the project used two mechanisms; (i) Internal monitoring in collaboration with Project Implementation Consultants (PIC) and (ii) external monitoring by Safeguards and Quality Monitoring Cell (SQMC). PIC and SQMC have been routinely monitoring the LAR activities and accordingly reporting to PMO and ADB on monthly and bi-annual basis. SQMC consultant is assigned to prepare bi-annual monitoring reports. For effective monitoring of the LARP implementation the PIC and SQMC consultant held consultation meetings at the field level with affected people and other stakeholders, regular meetings/discussion with RNGO and DPMO officials, etc..

58. Land acquisition and other activities of resettlement plan implementation have been practically started in four subprojects from which one at Rangamati (Betbunia Chaeyri Bazar-Laxmichari Road via Barmachari), two r at Khagrachari (Panchari-Aronyakutir road and



Shindukchari Union H/Q-DullhaTali GC via Challya Tali Road) and another at Bandarban district (Raicha Goalaiakhola road and bridge over Shangu river). Deputy Commissioners, Rangamati, Khagrachari and Bandarban have started payment of compensation to the entitled persons (land owners, structure owners, etc.) DC offices Rangamati and Khagrachari have paid compensation to the customary right holders I.e. 38 out of 43 owners at Betbunia and 60 out of 60 owners at Panchari road. Although CHT LA law doesn’t allow compensation payment to the customary right holders of the land but they have made payment based on an Executive Order issued by Ministry of Chittagong Hill Tracts Affairs dated 08 December, 2013 vide memo 29.226.014.00.00.203-2013-462. More three LARPs (Raikhali GC part-1 and Part-2 of Rangamati and Garitana GC – Batnatoli Union HQ Road) will be started implementation soon.

59. Deputy Commissioners Rangamati, Khagrachari and Bandarban have started payment of compensation to titled owners of land, structure and trees in four projects (Table 1) as of December 2016. Customary land owners were also paid compensation for their land at Rangamati district. Such payment to customary land owners is now stop at Rangamati and not at all paid at Khagrachari and Bandarban districts. Progress on payment of land acquisition and resettlement cost by DC and PMO in four subprojects is presented in table 6.

Table 6: Progress of land acquisition and resettlement plan implementation

Name of Subprojects

Compensation/benefits paid by

Criteria Target (Physical & Financial)

Achievement as of

December 2016

In Percentag

e

Betbunia-Chayeri Bazar Laksmichari Via Barmachari Road, Rangamati

Compensation paid by DC

Physical 55 38 69% Financial 14,998,511 12,938,246 86.26%

Additional compensation /benefits by PMO

Physical 20 16 92.21%

Financial 573978 529248

Panchari GC-Bhaibonchara GC via ShantipurAranya Kutir Road,


Physical 213 203 95.31% Financial 20755261 20267166 97.65%


Physical 213 126 59.15%

Financial 3,185,525 2,686,791 84.34%

Shindukchari Union H/Q-DullhaTali GC Via ChallyaTali Road


Physical 37 28 75.67%

Financial 4,369,073 3,242,569 74.22%


Physical 3 Financial 88,645*

Raicha-Goaliakhola Road Bridge on Shangu river and approach road at both ends


Physical 1 1 100 Financial 4,544,903 4,544,903 100


Physical** 1

Financial

* Structure transfer @12% structure value, reconstruction @12% structure value and land development cost @10% structure value

** RAP is not approved as yet



60. At Betbunia Chaeyri Bazar-Laksmichari Road, a total of 6.26 ha land have been acquired for the subproject interventions, Out of the total land acquired 4.31 ha is customary land and remaining 1.94 ha is titled land. The land was acquired from 53 land owners from which 10 (Ten) are legal owners of the land and 43 are customary right holders. Deputy Commissioner, Rangamati has paid compensation to 38 customary land owners out of 43 with an amount of BDT 11,620,946 and remaining 05 customary land owners are yet to pay compensation amounting to BDT 740,271 due to some reasons (out of the country-02, papers not updated-01, pending resolution of the school committee-02). These payments will be made after fulfillment of requirement of the DC office. Although DC office Rangamati has paid compensation to the 38 customary land owners but now they are reluctant to pay to the remaining 05 EPs. Such customary land ownership is found in most of the subprojects since land ownership pattern in Hill districts is similar. At Panchari GC Aranyakutir road all 60 customary land owners have been paid compensation by the DC office Khagrachari. None of the ten legal owners of Panchari road have been paid compensation for the affected land due to ownership problems among co-sharers, record of rights not updated, etc. The compensation amount as estimated by DC office for legal owners of land is 1,319,922. Apart from the land owners, four EPs have lost five structures (three residential and two commercial structures) by the project and received compensation amounting to BDT 1,317,300 from DC office.

61. The PMO, with assistance from RNGO, have made payment of additional compensation and other resettlement benefits for structures, crops, etc. amounting to BDT 529,248. The RNGO have been continuously insisting the land owners to update record of rights and settle the issue among co-sharers. They are also keeping close contact with DC office to find ways to make payment. DC office is now agreed to arrange hearing among co-sharers on spot and finalize the entitled persons. At least two titled EPs have updated their record of rights and submitted documents to DC offices but still not paid due to unknown reasons. Physical and financial progress of LARP implementation is presented in table 7 below-

Table 7: Physical and financial progress of LAP implementation in Betbunia-Chaeyri Bazar

Category of loses

Physical Progress Financial Progress

Total APS

Paid APS

UnpaidAPS

Progressin %

Total budget (BDT)

Paid amount (BDT)

Unpaid

Title Land 10 0 10 0% 1,319,993 0 1,319,993 00%

Customary Land

43 38 5 88.37% 12,361,218 11,620,947 740,272 94%

Structure 4 4 0 100% 1,317,300 1,317,300 0 100%

Total 14,998,511 12,938,247 2,060,265

62. According to the ADB policy the affected people will get compensation for affected properties at replacement cost. The Property Valuation Assessment Team (PVAT) is assigned to asses the replacement cost for affected properties. At Betbunia-Chaeyri Bazar sub-project PVAT has assessed replacement cost for land which is lower than CCL price. It is unusual that replacement cost is lower than CCL price since CCL price is assessed based on transacted deeds for preceding 12 month of serving notice under section 3 while replacement cost is



assessed based on current market price. PVAT should follow best practices of other development projects in case of assessing replacement cost for affected properties. Compensation for structure on GOB land and other benefits as per LARP policy has been paid by PMO.

63. At Panchari GC – Bhaibonchara road of Khagrachari district, DC office received BDT 2,11,70,366 on 30 June 2015 from PMO for payment of compensation and other benefits and administrative cost. Compensation amount to be paid by DC to the EPs is BDT 20,755,261 from which an amount of BDT 20,267,166 (97.65%) has been paid as of December 2016. Remaining amount will be paid after record of rights to the property will be updated by the land owners. Table 8 presents status of compensation payment by DC office at Panchari GC – Bhaibonchara road. Table 8: Physical and financial progress of LAP implementation at Panchari road

Category of loses

Physical Progress Financial Progress

Total EPs

Paid EPs

Unpaid EPs

Progress in %

Total budget (BDT)

Paid (BDT) Unpaid (BDT)

progress in %

Land (Legal)

52 45 7 86.54 1,05,29,400 1,00,46,400 4,83,000 95.41%

Land (Customary)

60 60 0 100 56,41,440 56,41,440 0 100.00

%

Structure 19 19 0 100 34,84,518 34,84,518 0 100.00

% Trees 94 91 3 96.81 10,99,902 10,94,808 5,094 99.54%

Total 2,07,55,260 2,02,67,166 4,88,094

Source: RNGO

64. At Shindukchari Union H/Q-Dullha Tali GC Via ChallyaTali Road the DC office has assessed an amount of BDT 4,369,073 for land acquisition. A total of 37 land owners including three land cum structures owners have been identified in this subproject. DC office Khagrachari has paid compensation to 28 EPs with amount of BDT 3,242,569 (74.22%). 65. At Raicha Gioaliakhola subproject of Bandarban district only one land owner with one structure is affected by the bridge construction. Compensation has been paid by DC office to the land owner with an amount of BDT 4,544,903. The LARP for the subproject has been prepared and sent to ADB but it is still pending with ADB. Therefore additional compensation or benefits for the affected structure is not assessed and paid (Table 9).



Table 9: Physical and financial progress of LAP implementation at Raicha-Goaliakhola

Category of loses

Physical Progress Financial Progress Tota

l APs

Paid APs

Unpaid APs

Progress in %

Total budget Paid Un

paid progress in %

Title Land 1 1 0 100% 36,05,219.85 36,05,219.85 0 100% Customary Land

1 1 0 100% 6,42,139.73 6,42,139.73 0 100%

Crops 1 1 0 100% 50,000 50,000 0 100%

Structure 1 1 0 100% 2,02,762 2,02,762 0 100%

Trees 1 1 0 100% 44,781.5 44,781.5 0 100%

Total 45,44,903.08 45,44,903.08 0

Source: RNGO

66. In Rangamati district the premium has been paid @ 50% based on a verdict given by the Civil Court of Rangamati on 27 November 2008, although the CHT LA law permits 15% premium. DCs of Khagrachari and Bandarban are paying compensation adding 15% premium. According to the verdict of the court of Rangmati, The issue was discussed with DC offices Khagrachari and Bandarban but they are not agreed to pay adding 50% premium rather following CHT LA law that considers 15%. Therefore payment of compensation for land is being assessed considering 15% premium in Khagrachari and Bandarban districts.

H. Land acquisition and project impacts

(a) Process of Land Acquisition in CHT

67. Although land acquisition governs in Bangladesh by Acquisition and Requisition of Immovable Property Ordinance 1982 and subsequent amendment up to 1994 but land acquisition governs in Chittagong Hill Districts by the CHT LA Ordinance 1958 along with Hill District Council Act 1989. There are some significant distinctions between existing LA law of Bangladesh (1982) and CHT LA law. GoB LA Ordinance allows compensation only for the titled holders while CHT LA Law allows compensation including customary right holders to the land. CHT LA law does not recognize unauthorized occupants of the land. But customary right to the land is recognized and people are entitled to have compensation as per Policy of LARP. The requiring body would submit LA proposal to DC office for acquisition of land for the public interest. DC office acquires land on behalf of requiring body following CHT LA Ordinance and Hill District Council Act 1989. DC office collects transacted deeds of the respective Mouza and assesses land price and owners of property and make Mouza wise average for payment. CHT LA law allows 15% premium on Mouza-wise average price.

68. A verdict from the Civil Court Rangamati was given on 27 November 2008 to calculate premium as 50% instead of 15% on top of compensation money. According to the verdict of the court DC office Rangamati has paid compensation including 50% premium. Same process may be followed in other Hill Districts for calculation of premium. But DC Khagrachari and Bandarban



are paying compensation including 15% premium following Hill District Council Act 1989. DC office Khagrachari and Bandarban were pursued about the verdict given on 27 November 2008 and payment procedure followed by DC Rangamati. But they are still not taking in to account of the verdict. Although affected land owners will be paid compensation at replacement cost and additional compensation (differential amount) on top of DC’s payment will be paid by PMO, so 15% or 50% premium doesn’t make sense. Because CCL amount is usually seen much lower than the replacement cost of the land. But if the DC’s amount (CCL including 50% premium) is higher than PVAT recommended price, then calculation of premium (15% or 50%) makes sense. So, DC office Khagrachari and Bandarban should be consulted about the said verdict to consider in calculating CCL.

(b) Status of Land Acquisition

69. Land acquisition proposals have been submitted to DC office Rangamati, Khagrachari and Bandarban by PMO for 15 subprojects but compensation payment has been started in four sub-projects i.e. Betbunia-Chaeyri Bazar road, Panchari GC- Bhaibob Chara road, Shindukchari road and Raicha-Goaliakhola road. DC office Rangmati has made compensation to 38 customary right holders out of 43 awardees and to four structure owners. None of the titled holders out of 10 awardees have been paid compensation as of June 2016. During this reporting period (July-December 2016) no one has been paid by DC office. Payment of compensation is delayed due to record of rights are not up-dated, ownership problem among heirs of recorded owners, etc. DC office Rangamti should take necessary steps to make payment to legal owners. RNGO can provide necessary support to the land owners for preparation/updating record of rights and settle issues if it is not pending in court At Panchari road of Khagrachari district more than 90% compensation (financial) has been paid. All of the 60 customary land owners have been paid compensation. In other items more around 95% EPs have been paid. At Shindukchari road the land acquisition process is going on in full swing and about 75% of the EPs have been paid compensation. At Raicha –Goaliakhola sub-project only one land owner is affected and paid compensation by the DC office Bandarban.

(c) Summary Impacts of the project

70. According to the nature of the sub-projects under CHTRDP-II there is no significant impacts in all of the selected sub-projects. Major impacts of the subprojects have been identified since LARPs are prepared for most of the sub-projects. Various categories of losses are identified from 15 (Fifteen) sub-projects where LARPs have been prepared such as (i) Private land, (ii) Customary land (iii) Residential structure (iv) Small shops (v) Trees (vi) Business and (vii) Wage, etc.

71. Some of the households and shops experienced physical displacement due to the project interventions particularly in Betbunia Chaeyri Bazar Road of Rangamati, Panchari GC - Bhaibonchara GC via Shantipur Aronya Kutir Upazial Road and Shinduk Chari road of Khagrachari, Naikhongchari- Tumbru Road (Part 1 & 2) of Bandarban districts. Other subprojects will also require limited land acquisition and displacement. Community Infrastructure



components will not require land acquisition or displacement due to nature of the subprojects. In some cases private land is being used for CI component but that is arranged though voluntary donation by the people.

I. Compliance Monitoring

1. Restoration of living standard

72. EPs have been paid compensation for the affected land, structure, trees and other properties by the DC office at market price. Property Valuation Assessment Team (PVAT) has assessed maximum allowable replacement value (MARV) for land and structure. Compensation for land is being paid by Dc offices as per LA law. Additional compensation on top of DC’s payment is also being paid where applicable. Nature of affected structures is mostly shiftable i.e. made of Corrugated Iron (CI) sheet and bamboo/wood. Compensation for structure including structure transfer grant, reconstruction grant and homestead development grants have been being paid to the structure owners.

59. Since the LAPR implementation is still in progress and none of the subprojects has been fully completed as of December 2016, so measuring restoration of living standard for all of the affected people is quite hard. It is seen that physically displaced people have been relocated by themselves and none of the displaced shops has been closed after relocation. But compensation to the customary land owners has become an issue and in some cases legal owners are not getting compensation for land on time due to complex traditional system of inheritance including non-availability of papers, ownership problem among co-sharers, civil suits pending in court and so on. It is expected that affected people will be enable to restore their living standard if the compensation is paid on time by DC office and additional compensation and other benefits are paid by PMO. Restoration of the pre-project income levels and living standards of the affected people will be measured during preparation of next semestral report to be commenced in July 2017.

73. The community people expressed happiness about the project as remote communities are being brought under road connectivity with main road. Such development will uphold their socio-economic status, cultural affinity and will lead to develop financial solvency through better road communication system. Therefore perception of the community about the project is always positive.

74. The sub-projects do not affect any community property resources (CPR) or cultural elements within right of way. Therefore project felt no necessity for planning to restore CPR. Land of a Government Primary School (without structure) has been affected by the Betbunia-Chaeyri Bazar sub-project for which compensation will be officially handed over to concern departments.

2. Restoration of Livelihoods

75. Compensation payment made for the affected structures were sufficient to replace lost assets as they were also eligible to take away salvaged materials free of cost. They have shifted their structure in nearby location and business operators have started their business as well.



They expressed satisfaction with the compensation and other resettlement benefits and allowing them to take away their shops and houses free of cost.

76. The sub-projects require linear acquisition for widening of the existing rural roads. Therefore a very minimum land is being acquired from each plot. It usually doesn’t leave the remaining land parcel unviable. Only one location at Panchari road, Khagrachari is exception where straitening of the road, to avoid river erosion threat, leaves a triangular shape unviable. Taking into account of the people’s opinion this unviable land has been kept under acquisition schedule. So, physically displaced households/shops keepers can construct their structure on their remaining portion of land.

77. According to the Land Acquisition and Resettlement Framework all of the structure owners are entitled to get compensation for structure at replacement value, transfer grant, reconstruction and homestead development cost. Compensation paid by DC and resettlement benefits paid by PMO has covered relocation costs of their structures.

78. According to the Land Acquisition and Resettlement Framework, Business Restoration Grant (BRG) will be paid to owners/operators, renters and leaseholders assessed by PVAT. But squatters households, living above poverty line, will not be eligible for BRG. As of now (December 2016) PVAT didn’t fix BRG although two business premises (one is on own land and another on relatives’ land) have been affected and paid other resettlement benefits at Betbunia-Chaeyri Bazar subproject. The business operators have already relocated their business and running as well in suitable location. Payment of business restoration grant will help them in promotion of business and restore livelihood.

79. According to the LARF, special assistance will be paid to female headed, vulnerable households and smaller IP groups @ Tk 2,000, Tk 3,000 and Tk 5,000 for kutcha, semi-pucca and pucca structure. Till now no one has got such assistance at Betbunia-Chaeyri Bazar or Panchari GC- Bhaibob Chara road sub-project. RNGO has been advised to follow the LARP policy during determination of individual entitlement of the entitled persons.

80. Affected people are mostly farmers, wage earners and some are businessmen. Acquisition of small portion of land from affected plots and displacement of few households and shops by the project have a very minimum impact on their livelihood. Payment of compensation and resettlement benefits as per policy of the ADB SPS 2009 will help them to restore their livelihood and uphold standard of living as well.

81. The RNGO has conducted a study among the severely affected peoples (SAPs) at Betbunia Chaeyri Bazar subproject to know about post-project standard of living and income & livelihood restoration options. A training program on income generating activities for the severely affected people would be conducted under the project. Such training is not included in the TOR of the RNGO. The MAD NGO will conduct training on agriculture, seed production, orchard development, etc. but MAD component doesn’t always cover the Rural Road component. In that case RNGO will conduct training on income and livelihood restoration program with prior approval of the PMO.



82. Affected people, especially vulnerable people would get preferential employment in project civil works. Civil construction has been started in four subprojects (Betbunia-Chaeyri Bazar, Panchari GC- Bhaibob Chara road, Shindukchari and Raicha Goaliakhola road & Bridge) under rural road component and at least 433 subprojects under Community Infrastructure component from which 248 subprojects have been completed. Wage laborers have been deployed from local and outside the project area.



3. Levels of AP satisfaction

83. During preparation of the land acquisition and resettlement plans (LARPs) affected people and other stakeholders were consulted at community level. Apart from this only affected people were consulted in focused groups based on their homogeneity and or nearness. Necessary information in terms of resettlement, compensation payment procedure, entitlements, grievance redress mechanism, etc. were disseminated during consultation meetings and focused group discussion.

84. Affected people were categorically disseminated about the entitlements against each category of losses. Apart from this resettlement benefits for the land, structures, trees, business, wage, vulnerability, women headed households, etc. were also discussed with potential affected people in the focused group meetings. Affected people are aware of their entitlement against their losses and resettlement benefits as per policy of the LARP. According to the RNGO, information brochure in local language (Bengali) has been distributed among the affected people and other stakeholders.

85. During preparation of this report the SQMC Social Safeguard Specialist along with PIC and RNGO, SMNGO officials consulted the affected people and beneficiaries in various subprojects under Rural Road, Community Infrastructure component at Rangamati, Bandarban and Khagrachari districts. People expressed satisfaction about the project interventions in spite of losing land for the Rural Road Component. Other components are also hugely benefiting the local people especially tribal people in economic development. Collective initiative of the beneficiaries and regular monitoring of the project activities can uphold people’s standard of living very quickly.

86. APs are informed about grievance redress mechanism within the project. It is informed to the affected people and other stakeholders about steps of grievance mechanism and way of producing claims/grievances to the project authority. People are known that alternative dispute resolution forum (ADRF) is at their door steps headed by Mouza Head Man to resolve any disputes over their land ownership problems among co-sharers, compensation payment, updating record of rights, etc. A public notice (mentioned later in this report) was circulated in various locations to make aware of the people about grievance procedure.

J. Effectiveness of Resettlement Planning

87. Census and inventory of losses (IOL) survey, socioeconomic survey, consultation meetings and property valuation surveys were conducted during preparation of the LARP for each sub-project. Each and every households potentially displaced (physically or economically) were covered under census and IOL survey. Head of households or senior proxy was interviewed during survey. Census and IOL data was checked and verified by District Field Facilitators of RNGO and Social Safeguard Specialist of Project Implementation Consultants.



Collected information was inserted into computer and verified with the field survey form to make the data authentic.

.

88. Time frame for implementation of the LARP was designed considering time line of land acquisition process and relocation of the displaced households. It is known that compensation payment usually starts after 9-10 months from the date of submission of LA proposal to DC office if every step is done on right time. So at least 18-24 months required to complete compensation payment by DC from the inception in such small subprojects without disputed cases. Budget for affected land and other properties along with resettlement benefits are prepared following LARF. So timeframe and budget of the LARPs are sufficient to meet objectives.

89. As this project is being implemented in Hill areas for development of Tribal People and almost 95% of the affected people are tribal so the LARPs are prepared considering issues of Tribal People (Indigenous) as described in the ADB Safeguard Policy Statement 2009. The Land Acquisition and Resettlement Plans (LARPs) for the subprojects (one for each subproject) are being prepared following GoB LA law, CHT LA Act and SPS 2009. Census and inventory of losses (IOL) are conducted for the affected households and other entities on private and government lands. Land ownership pattern in Hill Districts is not similar to that of plain land. So, entitlement matrices were prepared subproject-specific, not generous.

90. During conducting census and inventory of losses survey all categories of affected people were identified. Socioeconomic profile of the households, income and expenditure, physical disability, women heading the households, etc were collected during census and IOL survey. Based on the survey database vulnerable groups, small IP groups, poor women headed households, etc. have been identified and considered for resettlement benefits as per policy of the LARF.

91. A local NGO namely ‘Taungya’ has been deployed as RNGO for LARP preparation and implementation in three districts. Senior officials and field staff members have been being trained by the social safeguard specialist of SQMC and project implementation consultant (PIC) on conducting surveys, consultation meetings, LARP preparation and implementation issues and unforeseen issues may be encountered during preparation and implementation. The RNGO usually consult PIC social safeguard specialist or SQMC in case of any issues not known to them. They always keep close contact with local government representatives and local elites to resolve any unforeseen problems encountered during survey or implementation of LARP. They have been assisting the EPs in getting compensation from the DC offices. They are also providing support to DC offices in conducting joint verification survey, serving notices and preparation of awards. Necessary support and cooperation is to be provided to the RNGO from various cross sections so that they can perform well and complete their tasks within stipulated time.



K. Redress of Grievances

(a) Grievance Redress Mechanism

92. The Grievance Redress Mechanism (GRM) is officially recognized as non-judicial community-based body that seeks to resolve non-judicial disputes in consultation with the aggrieved party related to implementation of the LARP. To democratize the development process at the local level and to establish responsibility of the Executing Agency (EA) to the displaced people (DPs) a grievance redress mechanism is to be established. The project has three-tier GRM; first tier is locally active body headed by Headman or Union Parishad Chairman as Alternative Dispute Resolution Forum (ADRF) for resolution of the claims of any groups/people at village level. This forum will act as first tier of the GRM. ADRF will be formed with 3-5 members. The members of the ADRF are as follows:

(i) Mouza Headman- as chair (in case, where applicable, Local Union Parishad Chairman will chair)

(ii) Remaining members will be drawn from Community elders & Traditional Leaders e.g. Village Karbari, representatives of the Local Government Institutions

93. Functions of the ADRF are as under-

(i) ADRF will meet as and when necessary for dispute resolution

(ii) Efforts will be made to take the decision unanimously. Failing which decision will be taken through majority vote.

(iii) Minutes of all meetings will be recorded and will remain in the custody of the Members Secretary

(iv) The ADRF may seek helps form competent resource persons in the exercise of it’s business if such a need is felt

94. Five-member Alternative Dispute Resolution Forum (ADRF) have been formed for affected Mouzas of the sub-project. A total of 10 ADRFs have been formed at local level from which three at Rangamati, three at Khagrachari and four at Bandarban district. Name and designation with contact number (where available) of each of the ADRF members of each subprojects have been provided in the following tables.



1. Members of ADRF Rangamati District:

Table 10: ADRF committee for Betbunia Mouza

Date of formation 29.05.2014)

S.L Name Village Sex Designation Mobile Number 1 Aunkhojho

Chowdhury Headman para Male Convener 01828552683

2 Suiri Marma Chowdhury para

Male Member

3 Aungmeching Marma

Pochupara Female Member 01840425898

4 Rui Cha Aong Marma

Pochupara Male Member 01830367726

5 Ukrabai Marma Chowdhury para

Female Member

Table 11: ADRF committee for Dabua Mouza Date of formation 29.5.2014

S.L Name Village Sex Designation Mobile Number 1 S.M Chowdhury Dabua

Headman para Male Convener 015552700278

2 Sui Thoai pru Karbari

Dabua para Male Member 01820321579

3 Arema Marma Fathikchari Female Member 4 Ma crui nu

Marma Lamar para Female Member

5 Hlathowai Marma

Headman para Male Member 01818101543

Table 12: ADRF committee for Raikhali Sub project,

Date of formation 7.12.2014

S.L Name Village Sex Designation Mobile Number 1 Uching thowai

Chowdhury Naran giri Mukh

Male Convener 01852407939

2 Ubasing Karbari Jhogona chari

Male Member 01830733510

3 Mong pru Karbari Kala Maishaya

Male Member

4 Suicrasing Marma Jgogonachari

Female Member

5 Eshasing Marma Jgogonachari

Female Member



2. Members of ADRF Khagrachari District

Table 13: ADRF Committee for Panchari GC – Bhaibon Chara Road:

S.L Name Village Sex Designation Mobile Number 1 Subrata

Chakma Choto Karma para

Male Convener 01553755761

2 Soheli Chakma Santipur Female Member 3 Utpalakha

Chakma South Santipur Male Member

4 Shamol Kanti Chakma

Baburu Para Male Member 01556620154

5 Bishwa Mitra Chakma

South Santipur Male Member

Table 14: ADRF Committee for Sindukchari Sub Project S.L Name Information Sex Designation Mobile Number 1 Suinu Pru

Chowdhury UP Chairman Male Convener

2 Ratnasen Tripura

Member 2 No ward Member

Male Member

3 Aung towai Karbari

Karbai of Sindukchari

Male Member

4 Jhohar Lata Tripura

1-2-3 No ward member

Female Member

5 Bright Marma Para worker Male Member Table 15: Sindukchari Sub Project (Debal chari Mouza)

S.L Name Information Sex Designation Mobile Number 1 Kongo

Chowdhury Headman of Debalchari Mouza

Male Convener

2 Kongo Marma Member of 4 No ward Sindukchari

Male Member

3 Remrachai Marma

Teacher Male Member

4 Minu Marma Sindukchari Ward Member

Female Member

5 Hlapru Chowdhury

Headman Goaichari

Male Member



3. Committees of ADRF of Bandarban District

Table 16: ADRF committee for Ruma Sadar- Ruma Bazar Road (Date of formation: 01/12/2015) SL Name Village Sex Designation Mobile

Number 1 Chingsa Aung

Marma Ruma Mog Para Male Chairman 1553103308

2 Anjan Barua Ruma Barua Para


3 Lalliansowm Bawm Ruma Bawm Para


4 Beauty Bawm Ruma Bawm Para

Female Member 1556643460

5 Lili Bawm Ruma Bawm Para

Female Member 1557472383

Table 17: ADRF committee for Naikhongchari-Tumbru Road (Part-I) Boroitoli (Date of formation: 3/12/2015)

SL Name Village Sex Designation Mobile Number

1 Pritimoy Chakma Boroitoli Male Chairman 1813236628

2 Nurul Alam Boddyochara Male Member 1818590494

3 Dr. Bodi Alam Boddyochara Male Member 1834938467

4 Bosir Ahammod Boddyochara Male Member 1819593551

5 Nur Nahar Begam Boddyochara Female Member 1821213171

Table 18: ADRF committee for Naikhongchari- Tumbru Road (Part-II) Headman Para (Date of formation: 4/12/2015)


1 Khaingchapu Tanchangya

Headman Para Male Chairman 1829818168

2 Abul Basar Bazar para Male Member 1823968089

3 Nurul Amin Bazar para Male Member 1843154245

4 Jahir Ahammod Bazar para Male Member 1819608050

5 Maiyo Tanchangya Headman Para Female Member 1862437111



Table 19: ADRF committee for Naikhongchari- Tumbru Road (Part-II) Baispari (Date of formation: 4/12/2015)


1 Khaingchapu Tanchangya

Headman Para Male Chairman 1829818168

2 Kyohlaching Tanchangya

Baispari Male Member -

3 Syed Alam Baispari Male Member 1866282150

4 Jhunu Bala Tanchangya

Baispari Male Member 1876976345

5 Maikyoching Tanchnagya

Baispari Male Member 1878915619

[

95. There were no formal grievances placed officially before the ADRF and GRC until December 2016. But one application regarding tree cutting was placed to CHTRC by the Headman of Tumbru Mouza under Naikhongchari-Tumbru Part-2 Subproject. The SQMC social safeguard specialist along with PIC social safeguard specialist and RNGO officials visited the site on 02 September 2016 and 20 February 2017. The contractor had fell down trees before joint verification. The RNGO had counted all affected trees during Census & IOL survey. People want compensation for trees and other assets as per LARP policy. It was ensured by the LGED to pay compensation to all trees fell down by the contractor. The aggrieved persons have no claim now on the tree cutting issue.Local people are known about the process of grievance redress mechanism through group discussion, consultation meetings and personal contact.

96. In case of non-resolve of the petition at ADRF level the RNGO will bring cases to grievance redress committee (GRC), the second tier of GRM. The GRC is formed with 7 members with representation of the Hill District Council, DC office, Land Office, Headman Association, Union Parishad, and LAR NGO. The GRC members are as follows-

(i) Chairman or Representative of the Hill District Council- Chairman

(ii) Representative of DC office- Member

(iii) Land Office, Hill District Council- Member

(iv) Representative Headman Association- Member

(v) Representative of Union Parishad- Member

(vi) Two representatives of the APs- Member (At least 1 woman)

(vii) LAR-NGO Representative- Member Secretary

97. Functions of the GRC are as under-

(i) The GRC Conveners’ office will receive application from the aggrieved persons

(ii) The GRC shall hear, review, consider and resolve grievances related to social/resettlement/ environmental issue



(iii) The GRC will resolve the cases within 2-3 weeks from the date of lodging the complaints.

(iv) If needed, GRC members will undertake field visits to verify the claims with survey data, video film, etc.

(v) GRC decisions should ideally be arrived at through consensus, failing which resolution will be based on majority opinion

98. If the complaints are not resolved at GRC level the LAR NGO will bring the case to the Resettlement Advisory Committee (RAC); the third tier of the GRM. Members of the RAC are as follows-

(i) Chairman, CHTRC or his representative- Chairman

(ii) Two representatives from MOCHTA- Member

(iii) HDC Chairman of the 3 Hill districts or their representatives - Member

(iv) Deputy Commissioner of the 3 Hill districts or their representatives- Member

(v) Circle Chief, Chakma, Bomang and Mong Circle- Member

(vi) PD, RR Component or his representative, LGED- Member

(vii) PD, Project Management Office, CHTRDP-II- Member Secretary

99. Functions of the RAC are as under-

(i) RAC will meet as and when necessary but at least three times a year

(ii) Half of the members will constitute a quorum

(iii) RAC decisions should ideally be arrived at through consensus, failing which resolution will be based on majority opinion

(iv) Members Secretary, with the consent of the Chairperson, will call the meeting of RAC

(v) In case of tie, the Chairperson will have a casting vote

(vi) Minutes of all meeting will be recorded and will remain in the custody of the Member Secretary

(vii) RAC may invite external resource persons in its’ meeting if such need is felt

100. The aggrieved person may go to court of law at any stage of grievance mechanism.

(a) Procedure of submitting grievances

101. The grievance redress mechanism is formulated in the LARP and disseminated information to the affected people and other stakeholders along the project road. Initially the local people including affected people would know about the grievance redress mechanism and their right to produce complaints/observation/grievance on social and environmental issues. The primary forum for resolution of the complaints is at local level. So people will make complaints to



Headman/UP Chairman for resolution. RNGO will assist the affected people to file grievances at ADRF level. But aggrieved persons will not be able to produce grievance directly to GRC or RAC, rather people will produce grievance to ADRF. RNGO will explain all issue relating to social and resettlement to the affected people so that grievances will be minimized.

102. To make the affected people aware of the grievance mechanism a public notice (in Bengali) containing information about the matters to be considered in GRC with name, address and contact number of the RNGO focal person has been displayed in public places such as UP office, Headman office, Bazar, and other common places in each of the villages along the project road in all subprojects where people regularly visit for their daily needs. In this way people will become aware of their right to place grievance, scope of work of the grievance committee, and to whom and how the complaints would be placed.

Box-2 Public notice for awareness of Grievance Mechanism

Public Notice

This is to inform the inhabitants of the villages in Chittagong Hill Districts (Rangamati, Bandarban and Khagrachhari) that the Government of Bangladesh (GoB) has undertaken the project with financial support from the Asian Development Bank (ADB). Land acquisition and resettlement plans are being implemented. Civil Construction of the project will start soon. Necessary land for the project has been acquired and requisitioned as per ADB policy and GoB laws.

If any individual or community has any comments or complaints over the project activities particularly on social, resettlement or environmental issues, their complaints will be heard and resolved by the Grievance Redress Committees with due attention.

The aggrieved person/community are advised to send their comments/ complaints (if any) to the Coordinator of Resettlement NGO (TANGYA)

(JInu Chakma)

Documentation Officer

TAUNGYA

01553790370

(b) Observation on Grievance resolution

102. LARP implementation is going on and people are known about the project including compensation package, relocation requirements, project time line, etc. There is no grievance so far received by the ADRF or GRC from the local people. RNGO has been disseminating information to the people about their entitlement and way of receiving compensation and resettlement benefits. Regular focused group meetings with affected people will reduce grievances of the people. Therefore people didn’t bring any issue into the notice of the ADRF for resolution. The Headmen along with Karbaris are being communicated regularly by the RNGO field officials. Para Development Committee (PDC) president and members are acquainted with community infrastructure component of the project. They have no complaints or grievance over the project activities. If there is any misconception about the goals and objectives of the project the social mobilization NGOs are making the society understand the project.



IV. CONCLUSION AND RECOMMENDATIONS

103. Conclusion: Social safeguard issues including land acquisition, relocation and resettlement and community infrastructure development programs are being implemented following the ADB policy and GoB law. A total of 15 LARPs have been prepared by RNGO from which 10 LARPs are concurred by ADB and 09 LARPs are approved by MOCHTA. But only four LARPs out of 09 approved LARPs are under implementation. Considering elapsed time and remaining work in hand it will be hard to reach the target within stipulated time. LARP preparation and implementation process is found slow and compensation payment by the DC office for acquired land is also getting more time than usual. Main reason of slow progress of CCL payment is delay of updating record of rights to the land by the affected people. Preparation of LARPs by RNGO and clearance of the same from the concerned authority, etc. are taking long time. Delay of land acquisition process including timely serving notices, joint verification of the affected property, etc. are also making delay of the project implementation.

104. Replacement value (RV) for affected land has been determined by the PVAT but the RV is found lower than the DC’s CCL price at Betbunia-Chaery Bazar road. DC office Rangamati is paying compensation for land including 50% premium whereas DC office Khagrachari and Bandarban are paying CCL including 15% premium. Calculation of premium should be similar at three Hill districts. Community Infrastructure Component is being implemented in full swing and in the mean time 56% of the subprojects (336 subprojects out of projected 600) is almost completed from which 248 is fully completed and 88 is about to complete. Remaining subprojects will be completed within project period particularly at Rangamati district. There may be some untouched or incomplete subprojects at Bandarban and Khagrachari districts at the end of the project period considering the present rate of progress. Micro agribusiness development component is started but activities are not performed in a full swing. Watershed management is a very good initiative and community people including farmers will be largely benefited from the watershed. All six watersheds are under development in three project districts.

105. Recommendation :

(i) Land acquisition process should be expedited and affected people should be aware of the process and their roles and responsibility in getting compensation on time.

(ii) The RNGO was deployed for 48 months from which 40 months as of December 2016 have been exhausted but only 15 LARPs are prepared out of which only four LARPs are under implementation as of now so, process would be expedited at any cost.

(iii) Resettlement NGO should regularly consult the affected people particularly land owners to update their record of rights.

(iv) Necessary support from various cross sections including DC offices, PMO and PIC would be provided to RNGO so that they can complete their assignment within stipulated time.



(v) Property Valuation Advisory Team (PVAT) should consider practical situation of the field and take into account of the actual transacted price and reported price obtained from the people during property valuation survey. This will help PVAT to assess replacement value of the land.

(vi) Resettlement NGO should arrange refreshers training for their field staff on LARP implementation on bi-annual basis so that they can perfectly perform their activities

(vii) Activities perform by RNGO and progress of activities at DC office, PMO and RNGO would be clearly reflected in the monthly progress report of the RNGO. A standard format of reporting would be followed and monthly progress report would be submitted by first week of the following month to PMO with copy to DPMO, SQMC and PIC.

(viii) As the DPD of the respective district is the resettlement officer of the project so, the RNGO should always consult and update the DPD on program and progress of the activities and challenges encountered at the field level during performing their duties.

(ix) Any issues raise in the field relating to LARP but conflicting with the ADB policy and unmanageable at RNGO level would be quickly reported to DPMOs. DPMOs would resolve the issue by themselves or will seek decision from the PMO.

(x) Grievance redress mechanism should be well known by the affected people and in this regards a common notice as discussed in grievance section of this report may be hung again in various locations of the alignment

(xi) Local people especially women and vulnerable people should be deployed in civil works of RR and CI components on priority basis with equal salary for same nature of works following contract clauses.

(xii) MAD NGOs would start their activities in such a way so that they can complete their tasks within the given time. They are on board from 06 March 2016 but no activities except some training programs are still visible. There are some complaints over training programs so far they have arranged. The PMO would be strict about full compliance of the contract clauses and ADB requirement as well in all aspects.

(xiii) Watershed component is very good initiative but command area of the irrigation from the water reservoir is to be finalized in consultation with farmers. Water Management Group (WMG) can be formed among the farmers of the command area so that they can make decision among themselves.

(xiv) A strong committee with the local people and project representative would be formed for management of watershed and command area

(xv) Progress review meeting would be regularly held at PMO in presence of RNGO, SMNGO, MAD NGO, PIC and DPMO. It would be very much effective in proper implementation of the project.



Appendix-A: Project Design and Monitoring Framework

Design

Summary

Performance Targets and Indicators

Data Sources and Reporting

Mechanism

Assumption and Risks

Present status and Revised Target Recommended

Impact:

Increase in rural household incomes in subproject areas in CHT

5 years after completion of the Project (2023):

Increase in average annual HH income in subproject areas by Tk.20,000 (from 63,000 in 2010 road connected areas)

Data of Bangladesh Bureau of Statistics

National Poverty Level data

ADB and development partners’ reports

External independent performance evaluation

Assumptions

Macroeconomic and political stability

No security threats or revitalization of insurgency movement Risk

Legal challenge to the constitutionality of the CHTRC

Lack of progress with implementation of the CHT Accord with regard to securing land titles and the transfer of subjects to CHT specific institutions established under the accord

So far, the study is part of PIC contract.

But it should be independent study.

PIC will engage 2 groups of consultant CEGIS and external monitoring consultant. CEGIS will do the GIS part.

PMO should discuss this issue in monthly development coordination meeting at MOCHTA, and update ADB regularly.

Outcome:

Increased employment and income generating opportunities for men and women in subproject areas

By the end of the Project (2018):

Increased HH commercial agricultural production from TK20, 000 per year in 2010 to 40,000 per year.

Project Performance Management System

Bangladesh Economic Review

Bureau of Statistics annual report

Management Information System Project Database

Assumptions:

Government continues to support the principle of the CHT Accord

Key stakeholders (MOCHTA, CHTRC and HDCs) support recommended

PPMS not yet built.

No consultant initiated the PPMS, but is immediately required.

M&E expert’s position should be fielded immediately.

8.36 remaining out 18



Design

Summary



Mechanism



50% of market space allocated for women

Average time taken for women to fetch water is reduced from 1.5 hours to 30 minutes.

Reduced travel time to market for women by on average 1 hour (2010 baseline =4 hours)

Increase number of crops marketed from 10 in area unconnected in 2010

Department of Agriculture annual report

participatory rural development process

Timely amendment of the CHT Land Commission Act, 2001 for sustainability of investments in land-based rural livelihoods investments

man-month should be utilized soon

PIC must recruit PPMIS consultant by February 2016

PPMIS should have adequate fields for measuring all the indicators and

PPMIS to be finalized by April 2016.

MIS developed but not structurally finalized need to reviewed

by end March 2016

PMO should discuss this issue in monthly development coordination meeting at MOCHTA,

and update ADB regularly and it should be reflected in progress report

Outputs

1. Institutional Development and Capacity Building

Enhanced institutional capacity and capability in rural

CHTRC endorses annual work plan in timely manner Three revenue posts for assistant engineer (HDC) created and funded and supported by Government by end Project Year

CHTRC Annual Repot

HDC organization charts

Government order for creation and filling of revenue post

NGO annual project report

HDC undertakes timely and quality supervision of works

OK

Engineers recruited and being paid from the project. No post created yet, to be mentioned in the Aide memoire.

Capacity developed



Design

Summary



Mechanism



development of MOCHTA, CHTRC, 3 HDCs, LGED and implementing NGOs

4

HDC engineers have capacity to replicate rural development interventions

Each NGO implementation team includes a women-focused NGO

60 out of 180 NGO facilitators are women

and ongoing

Complied

Complied , but to be mentioned in NGO annual progress report

2. Rural Roads

Complete incomplete upazila and union roads commenced in CHTRDP-I

Plan, prepare and design union and upazila roads that were scheduled for implementation in CHTRDP-I but not done

105 km of union and 61 km of upazila (subdistrict) road upgraded to agreed quality

3,884 meters of ancillary

structures constructed as per engineering design

3 functional buildings of

LGED executive engineer

offices extended

LGED MIS database

LGED GIS database

CEGIS database

Adequate O&M budget allocated, released and utilized

Maintenance arrangements are in place within LGED to maintain roads implemented under the project

Implementation and supervision can proceed

UZR- Tendered 24 km under 17 packages for 3 roads in Khagrachari and Bandarban, revised target 40 km UNR 2 km completed, ongoing 15 km under 6 packages in 2 roads, revised target about 70 km. Total revised target of Rurla Road – 110 km

Revised target of Bridge /Culvert on Upazila road is 1,170 m and Bridge / culvert on Union road is 1600 meter as per engineering design. Total revised target –



Design

Summary



Mechanism



2,770 meter

Rangamati building completed. Khagrachari 80%complete, Bandarban functional buildings 20% of LGED executive engineer offices extended

3. Community Infrastructure

Construction and maintenance of small-scale infrastructure

Interventions completed in at-least 600 villages

Build and maintain small-scale infrastructure

10,000 days of work created using LCS principles

3,000 work days created for women

Total command area of 4,000 Ha covered by irrigation subproject

55 Ha of degraded watershed treated in 6

HDC and Union Parishad ( elected council) records on PDC

Public Health Engineering Department database on number of tube wells and spring source monitoring

PDC records and account books

Bureau of Statistics Union Parishad and

HDC records

Department of Forest annual reporting

CEGIS database

Risk

Turnover of staff with low capacity to absorb new skill

Interventions fully completed in 78 villages, partially completed in 40 villages, and procurement under process in 58 villages. DMF Target will not change.

Building and maintaining small-scale infrastructure is ongoing.

No data available for LCS workdays. However DMF target is achievable.

No data available for work days created for women. New proposal is 2,000 women day.

No data available for command area coverage by



Design

Summary



Mechanism



Effective watershed management promoted in six selected sites

Essential village access ways constructed

Market sheds

Constructed by community

selected sites as per specified needs

92 Km small feeder roads and foot paths constructed using community participation

100 / 15 market buildings constructed with 50% selling space allocated for women

Community maps CEGIS database

Union Parishad (elected council) data on market infrastructure

CEGIS database PDC records &

account

irrigation subproject. Immediate Data

update is required by the M&E expert under PIC

9 Ha Completed and 9 Ha ongoing, remaining WSM SPs are under review at ADB. DMF target will not change

46 Km small feeder roads completed, DMF target will not change

6 sheds completed with 50% selling space allocated for women. DMF target to be revised to 30 (at least 2 times of DPP target)

4. Micro Agribusiness Development

Sustainable micro agri-business promoted and established

1,620 Ha of new orchard development

Department of Agriculture Extension block data

NGO annual report

1,620 should be kept intact

The target may be revised after MAD NGO reconnasance

The cultivation area may be extended from 9 upazila to other upazilas



Design

Summary



Mechanism



5. Project Management

Project management systems operational

MoCHTA approves annual work plan within days of receipt

PMO is operational

Activity schedule updated annually

Contract award and disbursement project versus actual

PMO annual report

PMO records

E-Operation record

Done

Done

Being complied

Inputs:

Establish of project office

recruitment of manpower

procurement of equipment, vehicle and others

selection of beneficiaries, villages, watershed as well as agribusiness development sites and

selection of NGOs

Level of expenditure of the project:

Institutional development $909.60 thousand

community infrastructure $18,333.00 thousand

micro agribusiness development $4454.90 thousand

project management $12,426.60 thousand

interest $1,733.40 thousand

Records of Project Director & Deputy Project Director Offices

Monthly Progress Report

Timely follow-up fund

Timely decision made by the authority

timely and properly selection of villages, NGOs

Timely commencement of training and workshop.

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