Social Monitoring Report
December 2017 (April to November 2017)
BAN: SASEC Chittagong–Cox’s Bazar Railway Project, Phase 1-Tranche 1
Prepared by Bangladesh Railway for the Government of Bangladesh and the Asian Development
Bank.
CURRENCY EQUIVALENTS (as of 14 December 2017)
Currency unit – Bangladesh Taka (BDT) BDT1.00 = $ 0.01211
$1.00 = BDT 82.58
ABBREVIATIONS
ADB : Asian Development Bank AH : Affected Household AP : Affected Person BR : Bangladesh Railway COI : Corridor of Impact CPR : Common Property Recourses CCL : Cash Compensation under Law DC : Deputy Commissioner DPP : Development Project Proposal EA : Executing Agency EC : Entitlement Card EP : Entitle Person FGD : Focus Group Discussion GOB : Government of Bangladesh GRC : Grievance Redress Committee GRM : Grievance Redress Mechanism ILRP : Income and Livelihood Restoration Program INGO : Implementing Non-Government Organization IOL : Inventory of Losses JVC : Joint Verification Committee LA : Land Acquisition LAP : Land Acquisition Plan/Proposal NTH : Non-Titled Holder PAPs : Project Affected Persons PVAC : Property Valuation Advisory Committee CSC : Construction Supervision Consultant RB : Resettlement Benefit RP : Resettlement Plan ROW : Right of Way SASEC : South Asian Sub-Regional Economic Cooperation TH : Titled Holder Household
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.
CONTENTS EXECUTIVE SUMMARY .................................................................................................................. 1 I. INTRODUCTION, PROJECT DESCRIPTION AND OBJECTIVES ............................................. 3
A. Introduction ............................................................................................................................... 3 B. Project description ..................................................................................................................... 3 C. Project Objective ....................................................................................................................... 3
II. METHODOLOGY FOR PREPARING THE SOCIAL MONITORING REPORT (SMR) ................ 5 A. Main Features ........................................................................................................................... 5 B. Documents reviewed ................................................................................................................. 5 C. Field visits ................................................................................................................................. 5
III. RESETTLEMENT PLAN AND IMPACTS ............................................................................... 5 A. Resettlement Plan Preparation and Objectives ....................................................................... 5 B. Objectives of RP ..................................................................................................................... 6 C. Revision of Alignment as well as revised Land Acquisition ..................................................... 6 D. Resettlement Plan Implementation Arrangements .................................................................. 7 E. Land Acquisition (LA) ............................................................................................................. 9 F. Compensations and Resettlement benefits payments to Titled Holders (THs) and Non-Title Holders (NTH) ............................................................................................................................... 9 G. Common Property Resources .............................................................................................. 10 H. Income and Livelihood Restoration Program (ILRP) ............................................................. 10 I. Participation in construction activities ................................................................................... 10 J. Consultation, Information Campaign and Participatory Process ........................................... 10 K. Grievance Redress Mechanism ............................................................................................ 11
IV. LESSON – LEARNED AND RECOMMENDATIONS ................................................................. 11 V. CONCLUSION ......................................................................................................................... 12 ANNEXURE: Annexure 1: Role and Composition of Key Committees .................................................................. 13 Annexure 2: Consultation Meetings with Project Affected Persons, Discussion and Main Outcome 14 Annexure 3: Affected Common Property Resources ....................................................................... 27 Annexure 4: Abstract of NGO’s Focus Group Discussion/Consultation Meetings ............................ 29 LIST OF TABLES Table 1: RP May 2016 (Summary of LA and Resettlement Impacts) ................................................. 5 Table 2: Revised LAPs ...................................................................................................................... 6 Table 3: Summary of Land Acquisition .............................................................................................. 9 LIST OF FIGURE Figure 1: Project Location Map Single Line Dual Gauge Railway Track from Dohazari to Cox’s Bazar ......................................................................................................................................................... 4
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EXECUTIVE SUMMARY
1. This is the second Social Monitoring Report (SMR) prepared under this project. The first report covered October 2016 to March 2017 and this second SMR covers April 2017 to November 2017. This Social Monitoring Report presents the status of the activities of the implementation of the Land Acquisition and Resettlement Plan (RP) of SASEC Chittagong – Cox’s Bazar Railway Project, Phase 1-Tranche 1. 2. The Chittagong to Cox’s Bazar project will build 100.831 km of single gauge railway line from Dohazari, in Chittagong district to Cox’s Bazar in Cox’s Bazar District. The project will provide efficient, comfortable and safe transportation from the Capital city of Dhaka to the touristic city of Cox’s Bazar. The project is financed by the Government of the People’s Republic of Bangladesh through financial assistance from the Asian Development Bank (ADB), which approved the project in September 2016. 3. 4. The project will require private and public land to construct the new and other facilities. The resettlement impacts include but are not limited to (i) permanent loss of residential and commercial structures, (ii) loss of income and livelihood, and (iii) permanent loss of agricultural, residential and commercial land. 5. A census survey was conducted from October to November 2013 and it was updated in February 2016 due to adjustment of alignment. 6. The detailed design and census survey conducted during project preparation revealed that a total of 1,984 households will be impacted by the project. The resettlement impacts include: (i) 562.83 hectares of land to be acquired; (ii) the physical relocation of 1,569 households among whom 1032 are Title holders; (ii) the relocation of 537of informal, non-titled households; (iii) 415 households who will be economically affected; (iv)43 affected Common Property Resources (CPRs): (v) 12 encroachers; (vi) 160 affected renters. A Total of 984 vulnerable households were identified during the census survey. 7. The impacts are significant and the Project is categorized as “A” according to the ADB SPS 2009. 8. While the proposed alignment is planned as per the design of the Land Acquisition Plans (LAPs), land acquisition along certain areas have been revised and some impacts were mitigated. 9. At present, the Land Acquisition Proposals have been proposed and are being revised by the Deputy Commissioner of Chittagong and Cox’s Bazar. As a result, the revised quantity of total private and public land is 553.5896 hectares(1367.3664 acres) to be acquired. This includes 147.5468 hectares of land under Chittagong District and 406.04287 hectares of land under Cox’s Bazar District. Public land mostly include Department of Forest land, which will be transferred through inter-ministerial system.
10. A Resettlement Plan (RP) was prepared in accordance with ADB’s Safeguard Policy Statement (2009) and the Acquisition and Requisition of Immovable Property Ordinance 1982 (ARIPO) based on the Engineering design and census survey. The RP was approved and disclosed by ADB on its website in May 2016 and by the Ministry of Railway on 17 August 2016.
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11. Bangladesh Railway with the support of the Government of Bangladesh agreed to follow the key principles of the ADB Safeguard Policy Statement: (i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable groups. 12. Bangladesh Railway engaged an NGO to implement the Resettlement Plan. Accordingly, the Implementing NGO (INGO) commenced its activities on 8 February 2017. 13. This is the second Social Monitoring Report prepared under this project. The Social Monitoring Report covers the status of Land Acquisition and Resettlement activities and includes recommendations. It is based on field visits, consultations with Bangladesh Railway project director and resettlement officials, INGO staff and consultations with affected persons that took place in October 2017. It was prepared by the ADB staff consultant and reviewed by Bangladesh Railway and ADB staff.
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I. INTRODUCTION, PROJECT DESCRIPTION AND OBJECTIVES
A. Introduction
14. This is the second Social Monitoring Report (SMR)_prepared under this project. The first report covered October 2016 to March 2017 and this second SMR covers April 2017 to November 2017. 15. The SMR describes the progress of the implementation of the Land Acquisition and Resettlement Plan (RP) of SASEC Chittagong – Cox’s Bazar Railway Project, Phase 1-Tranche 1, going from Dohazari in Chittagong District to Cox’s Bazar Sadar of Cox’s Bazar District. The project is being implemented by Bangladesh Railway (BR) and is financed by the Government of the People’s Republic of Bangladesh with the financial assistance from Asian Development Bank (ADB).
B. Project description
16. The SASEC Chittagong – Cox’s Bazar Railway Project, Phase 1-, involves the construction of 100.831 km of green field single line dual gauge railway. The project components are:
• The new construction of 100.831 km Dohazari-Cox’s Bazar single line dual gauge railway;
• The construction of 09 Railway Stations at Dohazari, Satkania, Lohagora, Harbang, Chakoria, Dulhazara, Islamabad, Ramu and Cox’s Bazar;
• The construction of 6major bridges and 145 culverts;
• The construction of elephant crossing (underpass and overpass);
• The construction of Modern Computer Based Inter Locking (CBI) signaling system;
C. Project Objective
17. The objectives of the Project is to help the Government in achieving economic development and poverty reduction through new connectivity of railway to the southern part of Bangladesh with the Capital Dhaka as well as other integrated railway network by linking National, Regional and District levels.
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Figure 1: Project Location Map
Single Line Dual Gauge Railway Track from Dohazari to Cox’s Bazar
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II. METHODOLOGY FOR PREPARING THE SOCIAL MONITORING REPORT (SMR)
A. Main Features
18. This Social Monitoring Report (SMR) was prepared by the ADB Resettlement Specialist staff consultant in consultation with BR and ADB safeguards staff. It is based on field visits, the review of documents (see below) and consultations with the INGO, Project affected Persons.
B. Documents reviewed
19. The following documents were reviewed: (i) The approved Resettlement Plan(RP) May 2016(ii) the Land Acquisition Plans and Proposals to the Deputy Commissioners (partial), (iii) the Land Acquisition Status,(iv) Entitled Person’s Project ID Card (draft) (iv) Joint Survey tools to identify the Entitled Persons including their loss of assets as well as other entitlements as per the RP (v) Leaflet (vi) Information Brochure (draft in Bangla) (vii)Affected Common Property Resources (CPR) consultation process (viii) FGD and Consultation process including documentations(ix) the INGO’s monthly progress report.
C. Field visits
20. The ADB Resettlement Specialist visited the project alignment. During the visit, he conducted consultation meetings at Satkania (adjacent to Dohazari), Sunati and Chakoria area in the project ROW, and held individual discussion with affected persons on Dohazari Railway Land. In addition, he held discussions with INGO field officials.
III. RESETTLEMENT PLAN AND IMPACTS
A. Resettlement Plan Preparation and Objectives
21. Where population displacement by the acquisition of land is unavoidable, a detailed Resettlement Plan has been prepared with the development strategy and package aim to improve or at least restore the economic base of those affected persons. In this project a Resettlement Plan (RP) for SASEC Chittagong – Cox’s Bazar Railway Project, Phase 1-Tranche 1 has been prepared by the Design Consultant in accordance with the ADB Involuntary Resettlement guidelines. The Resettlement Plan (May 2016) has been approved by the Ministry of Railway vide memo No. 54.00.0000.006.014.2016-86 date 17 August 2016. The approved RP is disclosed on ADB’s website (https://www.adb.org/sites/default/files/project-document/184412/46452-002-rp-01.pdf) and Bangladesh Railway’s website (http://railway.portal.gov.bd/site/files/4ef9f30d-f148-4128-934c-0f011aac4de1). The impacts of the Resettlement are shown in the overall alignment and station locations to be implemented as per the approved RP on 9 May 2016. 22. Table1 below shows the impacts of Land Acquisition and Resettlement as per the approved May 2016 RP:
Table 1: RP May 2016 (Summary of LA and Resettlement Impacts)
SL. No. Impacts Total
A Land to be acquired in hectares 562.83
B Total Affected Persons in nos. 9.946
C Total affected Common Property Resources in nos. 43
D Total affected Private Household in nos. 1,984
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SL. No. Impacts Total
Total affected Household requiring physical relocation in nos.
1,569
Total affected Household require economically displacement in nos.
415
E Total affected Title-holders (TH) in nos. 1,032
Total affected Non-title-holders (NTH) in nos. 537
F Total affected encroachers in nos. 12
Total affected Renters in nos. 160
Total affected Vulnerable Household in nos. 984
23. Remarks: The above quantity of all impacts will be plus/minus as per finalization of LA and JVC’s joint survey through INGO as per actual LAPs as well as finalization of Central Line for construction work.
B. Objectives of RP
24. The RP addresses Land Acquisition (LA), assets impacted and economic resettlement and provides for mitigation measures, within the legal framework of the Government of Bangladesh (GoB) and ADB's SPS. It covers titled and non-titled Project Affected Persons (PAPs) and includes an income/livelihood restoration programs and poverty reduction assistance to vulnerable PAPs. 25. The RP follows the ADB SPS 2009 principles of:
• avoiding or minimizing impacts where possible;
• consulting with the affected people in project planning and implementation;
• Transparent disclosure of project and safeguard documents to the community/ PAPs;
• payments of compensation for acquired assets at replacement cost;
• ensuring that no one is worse off as a result of resettlement and would maintain, at least, their original standards of living;
• resettlement benefits to affected persons, including non-titled persons; and
• special attention to vulnerable affected persons.
C. Revision of Alignment as well as revised Land Acquisition
26. The Land Acquisition Plans have been revised as per revised alignment. Table 2 shows the revision in 04 sections to mitigate land and resettlement impacts as well as to maintain smooth engineering design.
Table 2: Revised LAPs
SL. No. Name of Chainage Mitigation Measures
01 Between Km 10 and Km 14 Avoiding large ponds and mosque.
02 Between Km 26 to 29 To minimize impact of nursery.
03 Between Km 37 and 38 To minimize the impact of a cluster of 20 families.
04 Between Km 56 to 61 To minimize of residential area of Christian Memorial Hospital, Dulhazara.
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D. Resettlement Plan Implementation Arrangements
1. Bangladesh Railway (BR)
27. Bangladesh Railway (BR) is the Executing Agency for the SASEC Chittagong – Cox’s Bazar Railway Project, Phase 1-Tranche 1. A Project Management Unit (PMU) run by a Project Director (General Manager) and composed of SASEC BR officials has been set up. It includes as of October 2017 2 officials to implement the LA and RP: (i)The Deputy Director (Resettlement), who is the convener of the JVC, PVAC, GRC and signatory of the payment documents of resettlement benefits (RBs) and (ii)the one Senior sub Assistant Engineer(SSAE) (Resettlement) at the field level.
2. Resettlement Implementation Non-Governmental Organization (INGO)
28. BR recruited the NGO-Development Organization of the Rural Poor (DORP) in February 2014 to assist in Land Acquisition and implement the Resettlement Plan. DORP set up two field offices the project area one in the Lohagora in Chittagong and one in Cox’s Bazar, in addition to the Project Coordination Office in the city of Chittagong. 29. The NGO staff resources has provisions for 47 project staff, including 11 professionals in key positions, 26 field staff and 10 office support staff. As of November 30 2017, 32 staff had been mobilized –including 8 key staffs. The team leader (TL) resigned and the INGO is in the process of recruiting a new TL. 30. The provision of key staffs as per Contract Agreement are Team Leader/Resettlement Specialist – 1 person, Resettlement Expert Manager – 2 persons, Land Acquisition Manager – 2 persons, Social in Development Specialist – 1 person, Women in Development/Gender Specialist – 1person, Personal Finance Management Specialist – 1 person, MIS/Database Manager – 1 person and Area Manager – 2 persons. 31. The key responsibilities of the INGO are described below:
• Conduct census, inventory of lost assets and support to Joint Verification Committee (JVC) and Property Valuation Advisory Committee (PVAC);
• Assist in the Land Acquisition process;
• Support in the compensation/assistance distribution process;
• Resettlement and Land Acquisition Consultation and Participation activities;
• Resettlement activities data management and monitoring;
• Assistance in finding alternative place/plt to rent/buy;
• Assistance and participation to Grievance Redress Committee (GRC);
• Coordination and support INGO conducting the Livelihood Improvement Training Program;
• Conduct HIV/AIDS/and Anti-Trafficking Awareness Campaigns;
• Support in the implementation of Gender related activities;
• Support the implementation of Railway safty awareness campaigns to the communities.
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32. To date, the INGO has been providing logistical assistance to the DCs in the land acquisition process, initiated the nontitle holder survey, conducted consultations and prepared the information leaflets.
3. Construction Supervision Consultant
33. The team of the Construction Supervision Consultancy Services (CSC) includes one international Social/Resettlement Specialist, one international Gender Specialist, one national Senior Resettlement Specialist, one national Senior Gender Specialist, one mid-level national Resettlement and Gender Specialist and two national junior Resettlement and Gender Specialist. Two positions of Resettlement Experts (International and Local) are programmed in the Supervision Consultant’s team. The contract with the supervision consultant was signed on 14 September 2017 and the resettlement experts are expected to be mobilized in December 2017. The Consultant’s resettlement experts will provide guidance on the RP implementation, monitor its activities and prepare the bi-annual social monitoring reports to BR and ADB.
4. Project Management Consultant (PMC):
34. The PMC team includes two resettlement expert positions to support BR in the implementation of the resettlement and land acquisition activities. At the time of writing, the recruitment of the PMC was under process and expected to conclude in March 2018.
5. Asian Development Bank (ADB)
35. The ADB is monitoring the project through safeguards review missions from headquarter and regular meetings with the Bangladesh Resident Mission. Since the project was approved in September 2016, two review missions were fielded from headquarters, one in March 2017 and the other in July 2017.
6. Resettlement Independent Monitoring Consultant
36. As part of its commitment to the Board of Director and to strengthen the implementation of the resettlement and land acquisition process for this complex green field project and monitor its compliance with ADB’s Safeguards Policy Statement, the ADB has hired an independent monitor since October 2017.
7. Formation of JVC, PVAC and GRC
37. The constitution of the key committees required for the implementation of the land acquisition and resettlement plan is under process: Joint Verification Committee (JVC), Property Valuation Advisory Committee (PVAC) and Grievance Redress Committee (GRC). The Govt. of Bangladesh constituted the JVC to verify the list of PAPs identified in the affected areas for determining actual losses suffered by the EPs and PVAC to determine the Replacement Value of lost assets. In addition to that GRC was also constituted according to the GOB order No. 54.00.0000.006.014.11.2016-555 date 02 November 2017.The Committees will become operational after the concerned Deputy Commissioners and other authorities designate representatives to participate in the JVC, PVAC and GRC. For the composition and role of each committee, please see Annex I.
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E. Land Acquisition (LA)
38. The SASEC Chittagong – Cox’s Bazar Railway Project, Phase 1-Tranche 1will be implemented in the two districts of Chittagong and Cox’s Bazar. The Land Acquisition Proposals are based on new alignment. The Design Consultant prepared the Land Acquisition Proposals (LAPs) and submitted the same to the DC offices. After the verification of the LAPs, some have been corrected and changed. At present, a total of 553.5896 hectare(1367.3664 acres)of land is finalized for acquisition. This has been segregated under 10 LA Cases for the two Districts. 39. The following table shows at a glance Land Acquisition under Chittagong and Cox’s Bazar Districts as per LA Ordinance 1982:
Table 3: Summary of Land Acquisition SL. No.
LA Case No. Upazila District Quantity of Land to be acquired in
Acre
Issuance of Notice under
Section 3
Current Status
1 09/2016-2017 Chandanaish Chittagong 10.1725 11Dec 2016 Final estimate submitted by DC on 13 November 2017
2 31/2016-2017 Satkania Chittagong 55.0935 30 April 2017 JVS report is under process for Approval
3 32/2016-2017 Satkania Chittagong 27.6325 30 April 2017 JVS report is under process for Approval
4 33/2016-2017 Satkania Chittagong 51.1150 30 April 2017 JVS report is under process for Approval
5 34/2016-2017 Satkania Chittagong 42.5105 30 April 2017 JVS report is under process for Approval
6 35/2016-2017 Lohagara Chittagong 85.0401 13 June 2017 JVS report is under process for Approval
7 36/2016-2017 Lohagara Chittagong 92.8764 13 June 2017 JVS report is under process for Approval
8 02/2016-2017 Ckokoria Cox’s Bazar 514.0091 28 Sept 2016
Survey of the Public Works Department (PWD) and Forest is going on.
9 03/2016-2017 Ramu Cox’s Bazar 278.4908 28 Sept 2016
Survey of PWD and Forest is going on.
10 04/2016-2017 Cox’s Bazar Sadar
Cox’s Bazar 210.4260 28 Sept 2016
Pricing of PWD and Forest dept. has been submitted to DC on 8 Nov. 2017.
Total 1367.3664
40. Total quantity Land to be acquired in hector is 553.5896.
F. Compensations and Resettlement benefits payments to Titled Holders (THs) and Non-Title Holders (NTH)
1. Payment of Cash Compensation under Law (CCL)
41. The Deputy Commissioners of Chittagong and Cox’s Bazar will disburse the compensation to the titled holders for Land, Structure, Trees and Business. The estimate of compensation is not yet finalized by the DC except for the LA Case No. 09/2016-2017 of Chandanaish under Chittagong. BR will pay the difference between replacement cost and the
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CCL (the ”top-up’), including other entitlements as per the approved RP. BR will prepare a database including all entitlements for all Title Holders as per the DC’s JVS and the JVC’s JVS through the INGO. The progress and status of disbursement of compensation including TH’s data is not presentable in this stage.
2. Payments of Resettlement Benefits (RB) to THs and NTHs
42. The payment of Resettlement Benefits has not yet been started. The INGO started the identification of NTHs as per the census list of the RP. The ADB’s independent monitor advised to review the census and from now on conduct the census based on the final LAP to ensure the correct entitled person is included in the NTH list as the RP list is not as reliable. It was agreed that the INGO will follow the correct alignment as per the final LAP to identify the NTHs in the prioritized section. Moreover, the INGO will prioritize sections that are the most ready in the land acquisition process, such as Chandanaish or nontitle holders on public land in order to have sections free of encumbrances to be ready for the handover to the contractor. The PVAC will determine the price in the prioritized section as well as section wise budget also to be prepared by the INGO. BR will arrange disbursements of the Resettlement Benefits in the priority area prior to the start the construction works. Given that the surveys are still in progress, it is not possible to present the estimated number of affected nontitle holders at this stage.
G. Common Property Resources
43. The JVC will identify CPRs and PVAC will determine the replacement cost with special consideration given that this are structures and facilities used for the good of the community. BR will arrange the disbursement of compensation and other Resettlement Benefits. BR and the INGO should continue the consultation with individual CPR and document them with minutes and attendance sheet. At present, 40 CPRs have been identified: 13 in Chittagong District and 27 in Cox’s Bazar District.
H. Income and Livelihood Restoration Program (ILRP)
44. As per the RP, any member of vulnerable and severely affected household identified by the JVC is eligible to participate to the ILRP. The program has not been designed yet. A separate NGO specialized in training programs will be hired by BR to design and implement the ILRP.
I. Participation in construction activities
45. The construction activities have not yet started. They are expected to start in January 2017.
J. Consultation, Information Campaign and Participatory Process
46. At the onset of the RP implementation, the INGO prepared a one-page leaflet in Bengali with contact information and started the distribution. An information Brochure which translates the summary of the RP along with the entitlement matrix in Bengali in a booklet form in which procedure of payment of CCL, documents required to get CCL, documents to get RB and GRC information in Bangla has been prepared and will be distributed to EPs and other stakeholders widely through the local offices and BR Officials. Signs will also be posted in key project areas.
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47. To date, the INGO conducted 42 Focus Groups Discussions (FGDs) and 21 Community Meetings with APs. For the purpose of the preparation of this report and to strengthen the INGO and BR’s consultation process, the following key information was discussed with the APs: Information about the RP, GRC management, the payments of resettlement benefits, the required documents, the requirement of opening a bank account, assisting during construction work etc. 48. During the field visit, the ADB resettlement Consultant, BR and the INGO conducted 03 consultations with the affected persons and stakeholders which have been detailed in the Annexure. 49. BR senior officials, ADB Mission were also consulted with affected APs during their field visit. 50. A completed Project ID Card and a copy of EP File and Entitlement Card (EC) will be given to each EP. During distribution of EP file and EC the entitlement and rate of RB have to be briefed to them.
K. Grievance Redress Mechanism
51. The Grievance Redress Mechanism (GRM) has to be widely discussed in the Public Consultation Meetings and Focus Group Discussions. To date no application or complaints have been received.
IV. LESSON – LEARNED AND RECOMMENDATIONS
52. Based on the review of document, field visit and consultations with BR, INGO and affected persons, the following recommendations have been provided to BR:
• Review the proposed LAPs to minimize affected properties, especially sensitive areas such as clusters of residential households and Common Property Resources;
• The LAPs should be physically reconciled with the Engineering Design, Plan and Profile and the Contractor’s determination of the ROW. It should be completed before starting construction activities;
• The compensation of structures on Khas (i.e. public) land, other govt. agency’s land (such as Forest Land and City Corporation) and Vested Properties which will not be paid by the Deputy Commissioners. In this case, BR may request DCs not to include these in the LA estimate and BR may pay as non-title holders as per RP which is the smooth hand over of ROW as encumbrance free;
• Affected Common Community Properties on the right of way (RoW) such as Graveyard, educational institutes, religious structures such as mosques etc. require individual consultations and it is recommended to provide a higher PVAC rate on the basis that these properties are for public goods that are more expensive to rebuild and relocate;
• Assist the LA sections of the Deputy Commissioners’ offices to expedite the finalization of the Land Acquisition process in the context of limited capacity and resources in the Deputy Commissioner’s Office;
• BR should identify and demarcate the ROW in priority sections (such as Chandanaish)and quickly implement resettlement activities for nontitle holders in these areas;
• The JVC and PVAC should identify affected persons and losses and determine the
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replacement cost in the prioritized sections. BR will also pay accordingly to handover these sections over to the Contractor;
• The INGO should follow and address all entitlements as per the RP Entitlement Matrix while carrying out the census surveys;
• The revision of NTHs of the RP needs to be revised as per the final ROW and LAPs;
• The INGO should report to BR the progress of the land acquisition process, including critical issues on a regular basis;
• The INGO should set up Database for all joint verification surveys (JVS) data including EPs and their all entitlements (for TH and NTH);
• The INGO should mark all affected structures with Red-oxide with a serial number during the survey;
• The INGO performance should be more efficient, dynamic and scientific;
• The INGO should distribute one copy of the Project ID Card, one copy of the Entitlement File and one Entitlement Card to affected persons. The APs must be well briefed about their entitlements;
• Information about the GRC process and contact information must be disclosed to affected persons continuously;
• A small workshop for the nominated members of the JVC, PVAC and GRC on the scope of work and procedures should be arranged
V. CONCLUSION
53. As in all massive infrastructure project, the ROW to be finalized cautiously before mounting the work. The following issues may arise during implementation and should be carefully managed:
i. There is a risk that the compensation and relocation of Common Property
Resources (CPRs) like graveyard, mosques, temples, etc. may delay the progress
of the activities considerably. These structures should be managed with extra
sensitivity
ii. The LA proposal should include the latest Land Record and title of Land.
54. The payment of compensation and resettlement benefit of the socially recognized Non-titled Holder should be completed on a priority basis as these are within the control of BR and thus could free up land for handover to the contractor. Parallelly, consultations with the Deputy Commissioners for expediting payment of CCL should continue on a regular basis. The INGO must support EPs in preparing the necessary documentation to get their compensation from the DC and should also collecting copies of CCL payments to closely monitor the progress of the LA process.
Annexure 1 13
Annexure 1: Role and Composition of Key Committees (Joint Verification Committee, Property Valuation and Assessment Committee and Grievance Redress Committee)
1. Composition of the Joint Verification Committee (JVC):
(i) Deputy Director-Resettlement, BR - Convener
(ii) Representative of the concerned Deputy Commissioner - Member
(iii) Area Manager of INGO - Member-Secretary
The Committee in the instant case:
Verify and sign the data generated through plot to plot survey in the affected area as per approved set questionnaire and determined quantum of loss (Land, structures and others) suffered by the EPs as well identification of Entitled Persons;
2. Composition of the Property Valuation Advisory Committee (PVAC):
(i) Deputy Director-Resettlement, BR - Convener
(ii) Representative of the concerned Deputy Commissioner - Member
(iii) Upazilla Chairman or his authorized Representative - Member
(iv) Executive Engineer, PWD or his Representative, Concerned District Member
(v) Area Manager of INGO Member-Secretary
The Committee in the instant case: Determine the Market prices of Project affected losses of Title Holder and Non-title Holder EPs and sign the Property Valuation sheet; Submission the report to the Project Director.
3. INGO’s assistance for JVC and PVAC:
The NGO will provide assistance for data collection as per approved set questionnaires, verification, tabulation, computerization, and valuation of losses and finally preparation of the compensation estimate including necessary support to JVC/PVAC.
4. Composition of Local Level GRC:
(i) Deputy Director-Resettlement, BR or his nominated Representative - Convener
(ii) Representative of the Local Government Institution - Member
(iii) Woman Representative Local Government Institution/UP - Member
(iv) Representative of the affected Persons Member
(v) Area Manager of INGO Member-Secretary
5. Project Level GRC:
(i) Project Director or his nominated representative Convener
(ii) Resettlement Expert, Member
(iii) Team Leader of INGO Member Secretary
The Committee in the instant case: Consider and hearing of complaints from project affected persons in case of left from the IOL, Not addressed in the Entitlement, Ownership, delay payment of compensation, not properly identified the losses.
14 Annexure 2
Annexure 2: Consultation Meetings with Project Affected Persons, Discussion and Main Outcome
Date Location Type of Participants
28 October 2017 Katghar (nearby Dohazari), Satkania Upazila, Chittagong.
ADB Consultant (Resettlement Specialist), BR-DD (Resettlement),INGO’s Representatives, Local Elites, Local Elected Government Representatives, affected Title Holders, squatters.
28 October 2017 Chunati, Lohagora Upazila, Chittagong.
ADB Consultant (Resettlement Specialist), BR-DD (Resettlement),INGO’s Representatives, Local Elites, Local Elected Government Representatives, affected Title Holders, squatters.
28 October 2017 Mosniakata, Chakaria Upazila, Cox’s Bazar District
ADB Consultant (Resettlement Specialist), BR-DD (Resettlement),INGO’s Representatives, Local Elites, Local Elected Government Representatives, affected Title and Non-title Holders.
Total participants in the 3 meetings were 105 affected persons.
In these meetings the Resettlement packages of the ADB policy and RP Entitlement matrix were disclosed to the participants. During the meeting the following key discussions are as follows:
• Joint Verification Committee (JVC) will identify all title holders and non-title holders under the Project Right of way (RoW);
• As per the survey all affected persons will get Project ID card containing their major loss, picture and signature;
• BR will pay Resettlement benefit to the affected persons as soon as possible which will be determined by the PVAC and will be approved by the Government;
• All payment will be paid vide Account Payee Cheque.
• Participants asked that whether the compensation will be paid in cash. In reply, it is cleared that every payment will be paid vide Account Payee Cheque and each Entitled person should open a Bank Account.
• Affected wage loser asked whether the worker’s Grant will be paid to the Employer. In reply, it is stated that worker’s Grant will be paid to his own Bank Account vide Account Payee Cheque.
• BR-DD (Resettlement) asked them in due time all payment will be made and they should prepare to vacate Land;
• ADB Consultant briefed the participants on the Grievance Redress Mechanism and GRC;
• In this meeting People raised that they desire the market price of their losses and a remarkable financial assistance from the Project.
Main Outcome: Affected persons’ demanded sufficient Resettlement Benefits and they will vacate the Right of Way as per instruction of Project authority.
Consultation meeting at Katghar (nearby Dohazari), Satkania Upazila, Chittagong
Annexure 2 15
16 Annexure 2
Attendance of Consultation meeting at Katghar (nearby Dohazari), Satkania Upazila, Chittagong- 34 affected persons in 03 sheets
Annexure 2 17
18 Annexure 2
Attendance of Consultation meeting at Katghar (nearby Dohazari), Satkania Upazila, Chittagong- 34 affected persons in 03 sheets
Annexure 2 19
Consultation meeting at Chunati, Lohagora Upazila, Chittagong
20 Annexure 2
Attendance of Consultation meeting at Chunati, Lohagora Upazila, Chittagong - 35 affected persons in 03 sheets
Annexure 2 21
22 Annexure 2
Annexure 2 23
Consultation meeting at Mosniakata, Chakaria Upazila, Cox’s Bazar District
24 Annexure 2
Attendance of Consultation meeting at Mosniakata, Chakaria Upazila, Cox’s Bazar District - 36 affected persons in 03 sheets
Annexure 2 25
26 Annexure 2
Annexure 3 27
Annexure 3: Affected Common Property Resources Chittagong Area (Primary identified)
SL No Name of Mouza Upazila Description
1 Jamirjuri Chandanaish Azizia Kachimululum Dohazari hefajakhana and Orphanage centre
2 Jamirjuri Chandanaish Baitur Rahman Jame Mosque
3 Jamirjuri Chandanaish Hazi Ishaque Miah Graveyard
4 Uttor Dhemsha Satkania Jobbar Ali Sikderpara Jame Mosque
5 Rupkania Satkania Durlaver Para canal Side Hindu Graveyard
6 Kaliaish Satkania Hindu Graveyard and Temple (Pond Bank)
7 Kaliaish Satkania Hindu Graveyard (Pond Bank)
8 Janar Keauchiya Satkania Graveyard (Pond Bank)
9 Lohagora Lohagora Akbar Ali Munshi Para Shah Mazidia Forkania and Mosque
10 Lohagora Lohagora Akbar Ali Munshi Para Forkania’s North Side Graveyard
11 Adhunagar Lohagora Saha Mojidiya Aziziya Cadet Madrasha
12 Adhunagar Lohagora Graveyard in East Side of Lohagara Railway Station
13 Adhunagar Lohagora Buddhist Service Centre in East Side of Lohagara Railway Station
Affected Common Property Resource
Cox’s Bazar Area (Primary identified) SL No Name of Mouza Upazila Description
1 Napit Khali Cox’s Bazar Sadar Buskata Community clinic
2 Eidgaon Cox’s Bazar Sadar Rabardram Jame Mosque
3 Varuakhali Cox’s Bazar Sadar Community clinic
4 Jhilonga Cox’s Bazar Sadar Cox’s Bazar BSCIC Academy
5 Jhilonga Cox’s Bazar Sadar Muharipara Jame Mosque
6 Dholir Chara Ramu Uttor Kahadiya Community clinic
7 Harbang Chakoria Service open monastery
8 Harbang/Reserve Harbang
Chakoria Cremation Center
9 Harbang/Reserve Harbang
Chakoria Cremation Center
10 Harbang/Reserve Harbang
Chakoria Temple
11 Harbang/Reserve Harbang
Chakoria Temple
12 Purbo boro Veola Chakoria Graveyard
13 Purbo boro Veola Chakoria Baitul Izzat Jame Mosque
14 Chiringa Chakoria Palakata High School
15 Paourasava Chakoria Baitul Mamur Dakhin kariya chon khola Jame Mosque
16 Khutakhali Chakoria Khutakhali Majpara Jame Mosque
17 Khutakhali Chakoria BRAC Primary School
18 Dula Hazra Chakoria Santirghat Gonga Temple
19 Dula Hazra Chakoria Memorial Christian Hospital
20 Dula Hazra Chakoria Chhagir Shah Kata Baitul Noor Jame Mosque
21 Dula Hazra Chakoria Baitul Aman Natun Jame Mosque
22 Dula Hazra Chakoria Nurani Hifazakhan and Orphanage centre
23 Dula Hazra Chakoria Baitul NurSafa Jame Mosque
24 Dula Hazra Chakoria Nurani Hifazakhan and Orphanage centre
28 Annexure 3
SL No Name of Mouza Upazila Description
25 Dula Hazra Chakoria Kali Temple
26 Fashiya Khali Chakoria Fashiya Khali Baitul Jame Mosque (New)
27 Dula Hazra Chakoria BRAC Primary School
Annexure 4 29
Annexure 4: Abstract of NGO’s Focus Group Discussion/Consultation Meetings
Sl No.
Date & Time Location/Venue of the Meetings
(including Mouza name), Upazila
Stakeholders
No. of Participants Issues of the Discussion
Opinion of the Participant
Male Female Total
1 05.09.2017 10.30 AM
Shikder Bari (North Demsa), Satkania
APs 13 - 13 Compensationand Resettlement Benefit; Grievance Redress Mechanism
• In the proceedings of FGD, participants expressed their concern about losing agricultural land, Homestead, Pond, Structures, livelihood production base, disturbances in regular income opportunity and afraid/worried about future generation survival.
• They expressed their views that, in rural areas they are hugely depend on homegrown vegetables for regular households need. If they don’t have enough land due to project intervention, it will be big disturbance for them.
• They want their compensation and Resettlement benefit from concerned authority without any hassle.
2 18.09.2017 11.30 AM
Khalifapara Govt. Primary school (South Demsa), Satkania
APs 20 - 20 Opinion of AP about project; What type of work; Grievance Redress Mechanism
3 19.09.2017 11.00 AM
Shop of Jane Alam (South Demsa), Satkania
APs 16 - 16 Present land Value; Loss of Assets of AP; How you will get the compensation
4 07.10.2017 10.00 AM
Varuakhali Asraon Project (Varuakhali), Cox’sBazar Sadar
APs 05 07 12 Project Description; Discuss about Entitlement Matrix.
5 09.10.2017 11.30 AM
House of Mohabbat Ali, NapitKhali (North NapitKhali), Cox’sBazar Sadar
APs 09 01 10 Discuss about Entitlement Matrix; Grievance Redress Mechanism
6 19.10.2017 11.00 AM
House of Rasel, BoalKhali, Cox’sBazar Sadar
APs 07 05 12 Loss of Assets; Grievance Redress Mechanism
7 23.10.2017 10.00 AM
House of Abdul Hannan, Zilongja, Cox’sBazar Sadar
APs 06 06 12 Opinion of APs about Project; Compensation and Resettlement benefit
