BAN: Second Chittagong Hill Tracts Rural Development Project...Chittagong Hill Tracts Affairs...

Land Acquisition and Resettlement Plan Sapchari Para, Wagga Union Road Subproject April 2011

BAN: Second Chittagong Hill Tracts Rural Development Project Prepared by ANZDEC Ltd for the Ministry of Chittagong Hill Tracts Affairs and the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 29 April 2011)

Currency unit – taka (Tk)

Tk1.00 = $0.0137 $1.00 = Tk72.91

ABBREVIATIONS ADB – Asian Development Bank AP – affected person CHT – Chittagong Hill Tracts CHTRC – Chittagong Hill District Council CHTRDP – Chittagong Hill Tracts Rural Development Project CRO – chief resettlement officer CCL – cash compensation under law DC – deputy commissioner DMPO – District Project Management Office EA – executing agency EP – entitled person FGD – focus group discussion GRC – grievance redress committee HDC – hill district council HH – household IMA – independent monitoring agency IP – indigenous people LAO – land administration officer LAP – land acquisition plan LARF – land acquisition and resettlement framework LAR – land acquisition and resettlement LARP – land acquisition resettlement plan LGED – Local Government Engineering Department MARV – maximum allowable replacement value MIS – management information system MOCHTA – Ministry of Chittagong Hill Tract Affairs NGO – nongovernment organization NPRR – National Policy on Resettlement and Rehabilitation PD – Project Director PMO – project management office PIC – project implementation consultant PMO – project management office PVAT – property valuation assessment/advisory team RAC – resettlement advisory committee ROW – right of way SAP – seriously affected person SES – socioeconomic survey SPS – Safeguard Policy Statement (ADB 2009) SQMC – safeguards and quality monitoring cell

NOTE (i) In this report, "$" refers to US dollars.

This resettlement plan 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.

Table of Contents

I. THE PROJECT ......................................................................................................... 1 A. Background ............................................................................................... 1

II. SAPCHHARI PARA DESCRIPTION......................................................................... 2

III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) ......................... 7 A. Data Collection Methodology .................................................................... 7 B. Estimated Scope of LAR Impacts.............................................................. 8

IV. SOCIO-ECONOMIC PROFILE OF THE AFFECTED PERSONS........................ 12

V. RESETTLEMENT POLICY FRAMEWORK ............................................................ 15 A. CHT Legal Framework ............................................................................ 15 B. ADB’s Involuntary Resettlement Policy ................................................... 16

1. SPS Involuntary Resettlement Safeguards................................................... 16 C. The Project’s LAR Policy......................................................................... 19 D. Objectives of the Land Acquisition and Resettlement Plan (LARP) ........ 21 E. Guidelines for Land Acquisition and Resettlement (LAR) ....................... 21 F. LAR Entitlements..................................................................................... 23

VI. CONSULTATION AND DISCLOSURE ................................................................ 32 A. Consultation and Stakeholders' Participation .......................................... 32

VII. GRIEVANCE REDRESS MECHANISMS................................................................. 33

VIII. LARP (SAFEGUARD ISSUES) IMPLEMENTATION ARRANGEMENTS........... 35

IX. LARP IMPLEMENTING ORGANIZATIONS......................................................... 38 A. Project Management Office (PMO) within the CHTRC............................ 38 B. LAR Acquiring Body ................................................................................ 38 C. Project Implementation Consultants (PIC) .............................................. 39 D. LARP Implementing NGO (NGO)............................................................ 39 E. Resettlement Processing Committees/Teams ........................................ 39 F. LAR Implementation Guidelines.............................................................. 41

X. COMPENSATION AND RESETTLEMENT BUDGET............................................. 44 A. Compensation, Relocation and Income Restoration ............................... 44

XI. RESETTLEMENT BUDGET AND FINANCING ................................................... 45

XII. LARP IMPLEMENTATION................................................................................... 47 A. LARP Implementation Schedule.............................................................. 47 B. Monitoring and Evaluation....................................................................... 50

1. Internal Monitoring ........................................................................................ 50 2. External Monitoring ....................................................................................... 51

TABLES Table 1: Upstream Paras Potentially Served by the Union Road ................................................. 4 Table 2: AP/SAP Total, Affected, and Residual Owned Land (Decimal), with Percentage of Loss10 Table 3: Category Affected Land (Decimal), by Percentage....................................................... 10 Table 4: Number of Affected Trees by Type (Timber/Fruit) and Size ......................................... 11 Table 5: Species of the Affected Trees....................................................................................... 11 Table 6: Family Composition ...................................................................................................... 12 Table 7: Total Affected Population by Gender and Percentage.................................................. 12 Table 8: Age of Population by Gender........................................................................................ 13 Table 9: Occupation by Gender and Percentage........................................................................ 13 Table 10: Level of Education by Gender..................................................................................... 14 Table 11: Level of Household Income (Yearly) ........................................................................... 14 Table 12: Entitlement Matrix and Responsible Implementation Agencies .................................. 25 Table 13: Indicative Budget for Land Acquisition and Resettlement for Sapchari para at Wagga Subproject of CHTRDPII............................................................................................................. 46 Table 14: Potential Monitoring Indicators.................................................................................... 50 Table 15: Indicators for External Monitoring and Evaluation ...................................................... 51

FIGURES Figure 1: Location of Existing Union Road and Proposed Concrete Path, Sapchari Para/Mouza 3 Figure 2: Location of Sapchari Para in Rangamati District, CHT.................................................. 6 Figure 3: Sketch Map of the New Alignment of Proposed Concrete Footpath of Sapchari Para..8 Figure 4: Grievance Redress Mechanism................................................................................... 34 Figure 5: Project Implementation Arrangements ........................................................................ 36 Figure 6: Project Cash Flow Arrangements ................................................................................ 37 Figure 7: Property Valuation Advisory Team (PVAT) ................................................................. 40 Procedure of Determining Valuation of Property ........................................................................ 40 Figure 8: Resettlement Organization Chart ................................................................................ 43 Figure 5: Tentative LARP Implementation Schedule in Context of Overall Project Timetable.... 47 Figure 6: Tentative LARP, Implementation Schedule for Subproject (Year 1.5)......................... 49

I. THE PROJECT A. Background 1. The Second Chittagong Hill Tracts Rural Development Project (CHTRDP-II) funded by the Asian Development Bank (ADB) is to improve rural livelihood to reduce poverty and vulnerability among the rural population of the Chittagong Hill Tracts (CHT), located at the southeastern region of Bangladesh. Objectives of the project that it will: (i) improve rural infrastructure and sustainable natural resources management and monitoring; (ii) increase rural incomes, including those of remote rural women and disadvantaged groups, through increased economic opportunities and activities; and (iii) support institutional strengthening of Ministry of Chittagong Hill Tracts Affairs (MOCHTA), Chittagong Hill Tracts Regional Council (CHTRC) and Hill District Council (HDC) to plan, implement and monitor sustainable rural development in the three districts of the CHT, Rangamati, Khagrachari and Banderban, comprised of indigenous population (IP) from 11 ethnic groups and Bengalis.

2. The Project design will continue and enhance the work of CHTRDP-I, taking into account the achievements and experiences of other development initiatives in the CHT. CHTRDP-I, for instance, helped reduce the incidence of absolute poverty in the CHT by developing basic infrastructure and expanding income and employment-generating activities that would raise the community’s standard of living. The CHTRDP-II will target rural poor in CHT, including IPs, women and other vulnerable groups.

3. The Project is comprised of five components:

A. Institutional Development and Project Management; B. Rural Roads; C. Community Infrastructure; D. Micro Agribusiness Development; E. Project Management.

4. Initially during the project preparatory technical assistance (PPTA) for the Project, six pilot subprojects were chosen from a list from CHTRDP-I representing CHT geographic variability (fringe lands, hills, plains) and ethnic groups, including IPs and non-IPs were selected as pilot models that would later be replicated across the CHT. The Sapchari Para (village) at Wagga Union is one of the selected subprojects.

5. Feasibility studies of the six subprojects are being carried out through evaluating various socioeconomic factors as well as with consultation and participation of the stakeholders. Sapchari Para at Wagga is the only subproject where a detailed study on the land acquisition and resettlement (LAR) issue has been undertaken for the proposed union road construction during CHTRDP-II. The union road will be a part of Component B. Rural Roads.

6. This subproject is located in Kaptai Upazila of Rangamati District. Construction of the 2.1 kilometers (km) concrete footpath of 1.5 meters (m) width, capable of taking a baby taxi or rickshaw van as well as facilitating all weather pedestrian access, will complete a 3 km access way from Wagga Union Road junction through Sapchari Para to Sapchari Moin para that was proposed in CHTRDP-I (0.9 km of union road was completed in Phase I). This is one of the major components of this subproject in this phase. The principal objectives of this component of this subproject are:

• Provide accessibility of the villagers in Wagga Union from the main road for all kinds of development;

• Improve the literacy and level of education to the new generation of this union by providing good accessibility to the educational institutions;

• Improve the economic condition of the villagers by facilitating the marketing of their jhum and other agricultural and forest products through good road accessibility; and

• Increase the mobility of the villagers; facilitate their access to health and other facilities, and employment opportunities in nearby urban areas.

7. This Land Acquisition and Resettlement Plan (LARP) is indicative given that the subproject has not been fully investigated and the design has not been finalized at the time of the PPTA. As part of the LARP field investigation during Project implementation, a census or socioeconomic survey (SES) and inventory of losses (IOL) will be undertaken following the detailed design (DD) carried out by an independent engineering company, hired by the CHTRC, to indicate all affected persons (APs) and businesses and the extent to which they would be affected as well as their socioeconomic, with reference to their lost and residual properties/assets in the locality. All this information will then form the basis for revision/updating of this LARP after finalization of the design.

II. SAPCHHARI PARA DESCRIPTION 8. The Sapchari Para, Wagga Union Road subproject is located in Wagga Union of Kaptai Upazila, Rangamati District. The subproject is situated in the west of Rangamati District, at a distance of about 23 km from Rangamati District Headquarters, adjacent to the Rangamati-Kaptai Road, connected by a small bridge (45 m) built under CHTRDP-I, spanning the Wagga River. The Rangamati-Kaptai Road, via the CHTRDP-I built Union Road, provides access to two main ‘collection’ markets, Ghagra (8 km) and Baraichari (7 km) where, twice a week farmers take their produce. The first phase union road is herring bone brick (HBB), currently used as a foot path as well as for bringing village produce from upstream to the main Rangamati-Katpai Road, either by mini-truck, passenger jeep/micro-bus (chander gari) or baby taxi (three-wheeler auto rickshaw).1 Buyers from Chittagong or Dhaka or their agents come in large numbers to these markets. These two markets are very congested with narrow lanes; fruits and vegetables are sold on the road and loaded on trucks. A popular demand is to set a large spacious shed for buying/selling and parking space for trucks and this will be addressed under another component of the Project.2

9. The Para has gained importance because of the Wagga Junior High School adjacent to both the existing CHTRDP-I-built Union Road (and bridge) and the Rangamati-Kaptai Road. A few shops beside the main road and an occasional assembly market is organized to sell village produce to external buyers (Beparis). Hill Flowers, a nongovernment organization (NGO) active in hill conservation supported by Arannyak Foundation, has a branch office next to the high school. This local NGO has been actively promoting horticulture in the Wagga watershed villages. Hill Flower had by 2009 supplied 1,000 fruit plants for each village along the Union Road. It also provided mahogany, gorjon timber trees to plant these in the river bank to protect

1 Villagers collect their production from jhum fields to carry them to the constructed road. Then they hire vehicles

according to their quantity of goods to take them to the main road or to the market places. In that respect baby taxi and jeeps are used mostly for carrying goods. On the other hand, trucks are hired for timber and bamboo collection. In addition, there are two vans in Sapchari, owned by two villagers, which also to carry goods to the main road.

2 This section draws on the Micro Agribusiness Development (MAD) Component Report, October 2010 as well as the Wagga SES conducted about the same time, as well as the Asian Development Bank 2010. Chittagong Hill Tracts Study on Potential for Integrated Water Resources Management, February, for which a preliminary study of Sapchari Para, Wagga was prepared, focusing on the impacts of the new Union Road.

against bank sliding. The villagers and above mentioned NGO are hoping to benefit in future from marketing of mixed fruits if there is a possibility to complete the Union Road.3

10. Sapchari Para covers about 13,000 acres of land. The villagers claim that about 4,500 acres of land is registered and the rest is used or owned by the villagers by customary right, in line with the traditional system of the IP community. According to the Wagga Socioeconomic Study, carried out in October 2010, this para is inhibited solely by the Tanchangya ethnic group. All 48 households of this para have homestead land and houses, but 36 families own agricultural land, and 12 families are landless, i.e., they do not have any agricultural land. Sapchari Para appears to be a reasonably well off village in terms to income, housing, education, physical access to roads, and in terms of other important factors. Figure 1 below shows, very roughly, the existing Union Road (0.9 km) built during CHTRDP-I and the proposed new concrete footpath (2.1 km), as well as the Rangamati-Kaptai Road, Wagga River, and the new union road bridge that now traverses the river.4

Figure 1: Location of Existing Union Road and Proposed Concrete Path, Sapchari

Para/Mouza

3 Asian Development Bank 2010. Chittagong Hill Tracts Study on Potential for Integrated Water Resources Management, February,

preliminary study of Sapchari Para, Wagga. The number of total households and number of male female were taken from a survey by Hill Flower, a local NGO in Rangamati District Headquarters. But not all the villages were visited, due to their remote distance from the constructed union road, on difficult hill paths.

4 These roads are superimposed on a Participatory Village Map (PVM) Board posted at the beginning of the Union Road, seen from the Rangamati-Kaptai Road. Note that in PVM exercises carried out under Indigenous Peoples Plan (IPP), the PVM Boards will be in Bengali. This was a pilot exercise carried out in Sapachari Para.

11. From Sapchari Para, the proposed concrete footpath will serve villages upstream in the vicinity of Sapchari Moin which are included in Sapchari Mouza,5 the lowest unit of land administration in Bangladesh, just below the union. These villagers have reported that they are already benefiting from the first project union road, which has increased the price of their goods due to increased accessibility of businessmen. The villagers are growing more crops as the union road bridge has made marketing assurance for whole year; and respondents showed their interest towards planting fruit trees instead of reliance on timber, which may have positive long term impacts for the watershed. More people are reportedly aware about the long term environmental aspects of relying on cutting timber trees, whereas fruit trees will provide fruit in every year without destroying watershed forests. So fruit trees are thought to be good for environment and commercially beneficial as well.

12. The villages in the Sapchari mouza, which includes the six villages in Table 1 and incorporates the watershed around the union road, are located along on the surrounding foot hills or on the slope of the hills. The proposed alignment of the footpath of this subproject area is characterized by hills and undulating land with small amount of flat and gentle slope land. The proposed path will go up hill by following more or less an existing stream (Sapchari Chola) that feeds into the Wagga River, parallel to the main Rangamati-Kaptai Road, where a number of other small streams have also joined in.

Table 1: Upstream Paras Potentially Served by the Concrete Footpath6 # Paras Households Population IP Group From Main Road 1 Sapchari, 48 Tanchangya 0.0 2 Tripurachari 21 Tanchangya 0.5 3 Sapchari Moin 30 Tanchangya 3.5 4 Doluchari Moin 18 Tanchangya 4.0 5 Bullayingach Moin 30 Tanchangya 8.0 6 Boradom 300 Chakma 9.0 Total 447 13. A new small-scale business community has been developed near the Wagga Junior High School, along the main road after the union road construction. The villagers report that before the bridge, there were very few people engaged in small business; but now, from the upstream villages, there are many people who have started small trading, in terms of buying and collecting goods from the villages and sell produce to the market. Both on market days, as well as non market days, they collect vegetables and fruits from different points of the upstream villages and take the products to Rangamati, Ghagra, Boroichari and even to Chittagong. Villagers in Sapchari Para report foot traffic through the existing bush track (which is so overgrown it is impossible to spot without a local guide, presently) at a rate of about 100 return trips (each of over one hour) per day, of which about 30 are children accessing the schools. In Sapchari Para some of the small traders collect turmeric and other goods at a cheap price and store them in their houses. Afterwards, they sell the goods to other businessmen in the nearby market towns when the price is up.7

14. The Sapchari Para inhabitants are mostly educated, and currently all their children are going to school, even with a very difficult situation reaching the school in the rainy season. Since the bush track is very difficult to follow presently, children from upstream usually walk to school by following the stream bed. The children, especially at the primary school level, face a serious problem during flash floods and heavy rainfall.

5 The Mouza consists of more than two villages headed by Headman. An alternative spelling is Mauja. 6 Ibid. 7 Ibid.

15. On the other hand, the completed section of Union Road, especially the bridge over the Wagga River, is reported by villagers to have increased easy access to schools and colleges. There are 35 students (26 female and 9 male) from Doluchari Moin and Sapchari Para who go to the Sapchari Wagga Junior High School and Rangamati College. They require 1.5 hours walking to reach school and 2 hours for returning to their villages, due to having to climb steep hills. Before the bridge construction, they needed to cross the river by wading, which was difficult for the female students, particularly in the rainy season. Now the problem has been solved. However, to ensure their regular access to school they require full implementation of another 2 km of access.

16. In spite of improved connectivity between the upstream villages due to the relatively new union road bridge, primary level students are still often deprived from regular studies. The only government primary school is in Dulochari Moin, where students from Sapchari Para also study. There are three teachers including two assistant teachers and the headmaster. They are not local and live in Rangamati town. However, due to the difficult transport system, most of the time the teachers are absent from the school. As a result, very often the students have to return home without attending school.8

17. All families depend mainly on agriculture as the main source of their livelihood. However, several persons work as regular employees in private enterprises or in government departments. The whole village is hilly, with some small amounts of plain land, where homesteads, schools and other community infrastructure is located and some agricultural production takes place. The farmers of this village produce mainly ginger, turmeric and banana as cash crops. Other products are yam, brinjal, papaya etc. The Para also produces some jhum crops. Land ownership rests with the heads of the households, who are mostly men.

18. Women members of the Sapchari Para families actively participate in agriculture. The female villagers have reported that the Wagga River, prior to the union road bridge, was a big constraint for them to go outside of the village in terms of going to market, visiting relative’s houses, hospitals and different organizations. Similarly as most of the Little Flower NGO workers are female, field staff was also unable to visit regularly the upstream villages due to the increased water level in the river. Now women are very visible on the main road. They can help their families to carry the produced goods to the main road before market day as well as other days. Now women’s involvement with the Little Flower NGO has increased and women report that they can more easily go to a hospital in case of pregnancy for routine checkups and for delivery.

19. Since the last few years the Para villagers are gradually moving away from jhum (swidden) rice, banana, spices and vegetable production towards mainly permanent farming of fruit, such as mango, and litchi and timber plantations. Fruit and vegetable production within homesteads is also important. Landless families usually lease land (currently at the rate of Tk8,000-Tk9,000 per acre per season) or do sharecropping. Villagers are adopting modern technologies for cultivating all crops, including cereal, but mainly for horticulture.

20. The trend in the village as well as in the whole Wagga union is to convert hilly land (slopes) into mango (Amrapali and Raong varieties), litchi and guava orchards. The main incentive is the good and steady price of these fruits and regular annual income as opposed to Jhum cultivation. For example, one farmer gave his estimates as follows: he earned Tk800,000 against an annual investment of Tk300,000 from his 5-acre mango orchard. All households produce ginger and turmeric but commercial production of banana is limited to about 10 families. Other products such as Arum/Yam, Brinjal (Eggplant), and papaya are produced

8. Ibid.

around the homesteads or in very small pieces of land for family consumption and sold in local markets, if surplus is generated.

21. During the Rabi (Winter) Season farmers, as in other places, opt for winter vegetables such as tomato, cauliflower, radish, bitter gourd, brinjal, and potato but only brinjal, cauliflower and potato are produced by 10-20 households at a commercial scale. Within the winter crops, brinjal, cauliflower and potato are most profitable subject to good price and disease free production season. Almost all households raise indigenous poultry birds for family consumption and occasional sale, and about 50% of families raise 1-5 cows for milk and calves.9

Figure 2: Location of Sapchari Para in Rangamati District, CHT

22. Typically in Sapchari Para, about 51% of the population is male and 63% of both sexes are under 30 years of age. Women of this subproject area do all household work as well as work in the field.

9 One farmer reported his initiative of large-scale production of local birds same as broiler but lost them due to

spread of disease. But the scope for expansion using semi-scavenging technique is very good if vaccination service is ensured. Similarly, cow rearing (red Chittagong variety) is very popular and profitable because of free green grass available in the hills. Farmers report that sometimes they either do not milk the cows or use milk for family consumption and sometimes, the surplus is converted to yogurt for sale. The main objective is to fatten cows and getting calves, which are sold for good price in local and Chittagong markets.

23. It is expected that implementation of the subproject will generate additional employment (including short-and long-term) and agricultural production and combined with the impacts of associated project components (such as market facility upgrade) there will be a multi dimensional effect on the socio-economic development of the area. In particular, implementation of the subproject will:

• Reduce the carrying cost of, and time to transport agricultural products to the market;

• Increase the use of modern technological inputs in agricultural production; • Increase crop production and cropping intensity; • Provide farmers with a better market price; • Increase employment opportunities; and • Enhance quality of life through access to health, education and other services in

the vicinity.

24. However, there will of course be some negative impacts, such as APs losing their land, assets, and potentially their livelihoods. However, in this para nobody will be displaced from their homestead or business premises. The para will also not lose any community property. The negative LAR impacts will be minimized through providing adequate compensation, as well as through mitigation measures for preventing Project-induced impoverishment. Enhancement of socioeconomic development and protection of seriously affected persons (SAPs) are features of this LARP.

III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) A. Data Collection Methodology 25. Primary data have mainly been collected from head of the project-affected households (HHs) through a house-to-house socioeconomic survey (SES) using a structured questionnaire, provided in Annex 1, that also provided an inventory of losses (IOL). Some of the enumerators were deployed from the local community as they could understand the local language, easily communicate with APs and collect information properly. The consultant’s field enumerators were extensively trained in a one day orientation session. A reconnaissance visit was done to the subproject site before starting the SES/IOL.

26. An experienced survey team with one management information system (MIS) Specialist was engaged to provide the necessary technical services to undertake a detailed SES/LOI as well as a market survey of the affected properties to determine replacement value. The MIS Specialist also provided technical assistance for data generation, report preparation, and so forth.

27. The field enumerators consulted documents and maps provided by the local LGED office and collected data by consulting members of each HH along the indicative ROW. Along the 2.9 km alignment, a total of twelve households were identified who would potentially be affected. The SES/LOI was done for 100% affected HHs. The survey consultant prepared a sketch map (Figure 1) of the alignment showing area of land with length and owners of the respective land. A property valuation survey was conducted through a structured questionnaire by interviewing different categories of 10 persons, for collection of market rate for affected land, trees, and other assets (Annex 2). The enumerators also carried video documentation of the structures along the right of way (ROW).

B. Estimated Scope of LAR Impacts 28. The Local Government Engineering Department (LGED) provided a sketch map of the Sapchari para new Union Road, as it was originally designed before a concrete footpath was agreed upon as more suitable for the area (Figure 3 below). The alignment was to be 2.1 km long and 18 ft wide, however now it will be 2.1 km long and 1.5 m wide. The sketch map does not show slopes or a well defined road ROW, so how land needs to be acquired can only be an approximate estimation. The proposed alignment is through hilly and undulating terrain, with numbers of small streams to be crossed, adding to the difficulty of identifying the proposed alignment.

Figure 3: Sketch Map of the New Alignment of Proposed Concrete Footpath of Sapchari Para

29. Approximately 66 decimals of land (0.66 acres or 0.27 hectares) land will be required to acquire for construction of the new road. Most of this land is on the hill or at foot hill and the road goes upstream along the existing stream. In some cases it seems that some hills need to

be cut. All the potential APs along the roughly identified RoW claim that they are losing registered owned land. It means the Deputy Commissioner (DC) will compensate through Cash Compensation under Law (CCL) for their loss. The verification of the ownership of land will be finalized at the time of preparation of Land Acquisition Plan (LAP) needed for DC processing of CCL, after finalization of the detailed design (DD). However, the ownership will not be clarified until the notice under Section 3 is served by the DC office10 and the area verified by the Joint Verification Team (JVT). Nevertheless, for the purpose of this LARP these lands are considered as privately owned.

30. Acquisition of about 0.27 ha land will not lead any dislocation but will take away land, trees, and crops of 12 persons requiring compensation. They will lose their land/trees either in whole or in part. Only two persons will lose only arable land. The remaining 10 will lose both land and trees. The total population to be affected from these 12 households is 72. However, four households will lose more than 10% of their land and so will be SAPs. None of the household is female-headed.

31. All the APs will be identified by their type of losses through IOL, census, and socioeconomic survey (SES) after the DD is finalized, estimated to be third quarter of 2011. ADB's Safeguard policy and best practices in Bangladesh regarding assistance to the development induced affected persons have been disclosed to the APs and stakeholders during the survey of the present subproject area in October 2010. In response to that their opted preferences for resettlement/rehabilitation assistance have also been listed during the survey period through focus group discussion (FGD) as well as questionnaire survey. This discussion will be further elaborated by covering more people and additional mechanism like participatory rapid appraisal (PRA), stakeholders’ discussions during the census and SES after finalization of the design. The information collected through FGD and sample survey is going to be utilized to revise the LARP for this subproject.

32. Of the 12 affected HHs, five are losing more than 30 decimal of land due to the subproject. These APs follow traditional values and follow their own traditional rules in land transactions. The indigenous people (IPs) have separate rules and regulations regarding these land transactions. They do not sell their land outside their ethnic community. For this reason most of the land owners own their land by inheritance. Only two HHs will lose only arable land; and remaining ten will lose both land and trees. The Table 2 below shows the quantity of total land in decimals, the affected area, and the residual land, against the name of HH heads.

10 Section 3 is the notice of land acquisition action under the Rules for the Land Acquisition Ordinance, 1982, which

supports the CHT (Land Acquisition) Regulation, 1958, the most important legal instrument for the government with regard to land acquisition in the CHT.

Table 2: AP/SAP Total, Affected, and Residual Owned Land (Decimal),11 with Percentage of Loss

# Name of Owner Total Owned Land (in

Decimals)

Affected Area of Land

Residual Land

Percentage of Loss

Severely Affected Persons (SAPs) 1 Odimohon Tangchanga 63 12 51 19% 2 Sukkromoni Tangchanga 64 10 54 15% 3 Kajopro Tangchanga 67 8 59 12% 4 Mikromoni Tangchanga

92 9 83 10%

Affected Persons (APs) 5 Dhanucharan Tangchanga 70 5 65 8% 6 Rabichandra Tangchanga 115 8 107 7% 7 Provat Kumar Tangchanga 51 3 49 5% 8 Endolal Tangchanga 56 2 55 3% 9 Bishawacharan Tangchanga 121 2 119 2% 10 Milon Tangchanga 210 2 208 1% 11 Tejendra Tangchanga 815 4 812 0% 12 Ojidh Kumar Tangchanga 710 2 708 0%

Total (Average) 2,434 66 2,368 (3%) Source: Wagga SES/LOI, October 2010 Note: 100 Decimals=1Acre, 2.47 Acres=1 Hectare 33. Traditional jhum cultivation on the medium small hill is gradually reducing down. These days the cropping pattern has changed and rather than jhum, spices predominate, mostly ginger, turmeric, as well as banana, vegetables and mixed fruits. In other words multiple types of crops are grown. At present, most of the project affected area is being used for agriculture, orchard and forest land. It is a rural area with a primary economy based on agriculture. It is evident from the socio economic survey, they produce high value timber trees like Teak, Gamari, etc. Interestingly they have started cultivation of orange, mango and litchi. Considering the use of land and cropping patterns, three categories of land have been found within the alignment as affected and among these types orchard was lost more than other categories of land.

Table 3: Category Affected Land (Decimal), by Percentage Type of Land Quantity of Land (Decimal) Percentage

Orchard 33 50 Forest 25 37 Multi crop 5 7 Others 4 6 Total 66 100%

Source: Wagga Socioeconomic Survey, October 2010 34. The potential APs along the footpath to be constructed have expressed their expectation to receive compensation for loss of trees/crops on the uphill side of the road caused by landslides after hill cutting for the road. The LARP budget has indicative costs of crop/tree direct compensation, but LGED will take appropriate measure to prevent any land slide after project implementation and these longer term compensation costs have not been included.

35. Along the RoW, some fruit orchards and timber trees will be affected. A total of 858 trees of nineteen species may be affected by the subproject. Of the total, 629 are timber trees, 73

11 100 Decimal = 1 Acre. Bangladeshi agrometrology unit of measurement, a traditional measuring unit.

percent, and 229 trees, 27%, are fruit bearing. Considering the girth of the trees, only 19 are large, 315 are medium, 284 are small, with 241 saplings.

Table 4: Number of Affected Trees by Type (Timber/Fruit) and Size Category of

Trees Large Medium Small Sapling Total %

Timber 3 254 223 150 629 73 Fruit Trees 16 62 61 91 229 27 Total 19 315 284 241 858 100% Source: Wagga SES/LOI, October 2010. 36. The tree categories are shown in Table 5 below.

Table 5: Species of the Affected Trees, by Size Name of Tree Big Middle Small Sapling Total

Gamari 3 254 213 10 479 Shishu 1 0 10 40 51 Banana 0 50 0 0 50 Mahogony 0 0 0 45 45 Orange 0 0 0 35 35 Garjan 0 0 0 35 35 Guava 0 0 5 27 32 Mango 11 3 3 11 28 Tamarind 0 0 25 0 25 Amloki 0 0 20 0 20 Titia 0 0 0 15 15 Litchi 0 2 0 10 12 Bettle Nut 3 3 5 0 11 Jackfruit 3 2 3 3 10 Segun 0 0 0 5 5 Shajna 0 0 0 4 4 Lemon 0 3 0 0 3 Boroi (Kul) 0 0 0 1 1 Bel 0 0 0 1 1

Total 19 315 284 241 858 Source: Wagga SES/LOI, October 2010.

IV. SOCIOECONOMIC PROFILE OF THE AFFECTED PERSONS

37. Socioeconomic profile of all the estimated APs has been made here based on the 100% of the sample survey from the total listed affected households (12).

38. According to the SES, the affected HHs are primarily comprised of male household heads, wife, offspring, mother, and grandchildren. The important thing is the IP populations are still maintaining a tradition of living with senior members of their family. Most of the families are found to be joint or extended families (Table 6).

Table 6: Family Composition Family Composition Frequency %

Son 16 22 HH Head 12 17 Wife 11 15 Daughter 11 15 Sister In Law 7 10 Grand Son 6 8 Grand Daughter 5 7 Vabi12 2 4 Mother 1 1 Brother 1 1

Total 72 100% Source: Wagga SES, October 2010.

39. Along the new footpath alignment from the end point of the constructed road at Sapchari para (end of brick road) a total of 12 land owners have been identified. According to the SES, a total of 72 people will be affected in these households of which 38 are female (53%) and 34 are male (47%). The average household size is six, which is little bit higher than the national average (5.4).

Table 7: Total Affected Population by Gender and Percentage Population Number of Population Percent

Female 38 53 Male 34 47 Total 72 100% Source: Wagga SES, October 2010

b.

40. Among the affected population, most are found in the 11-20 age group, 26 percent, followed by the 21-30 age group, at 22%. Some 12 percent are found among the 60 and older age group. The life expectancy of males, with 16 percent at 60 or over appears to be greater than that of females, with only 8 percent over 60 years.

12 Sister in law, specifically elder brother's wife.

Table 8: Age of Population by Gender Age Group Male % Female % Total % 11-20 7 21 12 32 19 26 21-30 9 27 7 18 16 22 1-10 4 12 6 16 10 14 31-40 4 12 5 13 9 13 41-50 4 12 5 13 9 13 51-60 3 8 3 8 6 8 Above 60 3 8 0 0 3 4 Total 34 100% 38 100% 72 100% Source: Wagga SES, October 2010

41. The SES revealed that most of the people are married after twenty years of age. Child marriage is not found in the community. No people remain unmarried after age thirty. The age at

marriage of female starts somewhat earlier than male. Interestingly there is no widow found among the twelve affected HHs.

42. Most of the APs rely on agriculture, with the hilly area especially feasible for horticulture, forestation, and multi-crop cultivation. Although no female affected person (AP) was identified

as an agriculturalist, they contribute to a great extent in the agriculture sector. During the survey, female APs mentioned their profession as housewife, ignoring agriculture. More than 10 percent of females are found in Government or Non-Government service, obtaining wages. It is

evident that the IPs prefer to be service holders rather than businesspersons. The educated people are doing service in government and non-government organizations. One of the causes may be that there is a special quota for the tribal or IPs in Government service. Some of the low

income groups earn their livelihood from day laboring.

Table 9: Occupation by Gender and Percentage Occupation Male % Female % Total % Agriculture 19 56 9 24 28 39 Student 6 18 10 26 16 22 House Wife 0 0 10 26 10 14 Children 4 11 3 8 7 10 Service 3 9 4 10 7 10 Disabled 1 3 1 3 2 3 Unemployed 0 0 1 3 1 1 Business 1 3 0 0 1 1 Aged 34 0 38 0 72 0 Total 68 100% 76 100% 144 100% Source: Wagga SES, October 2010

43. One of the significant observations is that despite many problems, these indigenous people are giving high importance to education moving forward. The numbers of school going children

are increasing. Today, no family can be found without school going children and female children are more advanced in this regard. The highest percentage goes to secondary level. Table 10 shows that some 15 percent remain illiterate and some four percent can only sign name, but

these people are by in large elderly people.

Table 10: Level of Education by Gender Occupation Male % Female % Total %

Primary 6 18 11 29 17 25 Secondary 9 27 5 13 14 19 SSC 6 18 7 18 13 18 Illiterate 4 11 7 18 11 15 Children 4 11 3 8 7 9 HSC 2 6 3 8 5 7 Can Sign Only 2 6 1 3 3 4 Masters 1 3 1 3 2 3 Total 34 100% 38 100% 72 100% Source: Wagga SES, October 2010 44. The major source of income for the affected HH as identified by the SES is from

selling agricultural products. In addition, there are timber and fruit trees and some APs have service positions. The average yearly income per household is TK. 144,583. The range is from Tk. 36,000 to Tk 300,000.13 Considering their occupation, level of income, ownership of properties and overall standard of living, the affected HHs think of themselves as ‘middle class.’

Table 11: Level of Household Income (Yearly) Level of Income Number of HHs Percent

120,001-180,000 5 42 60,001-120,000 4 33 More than 180,000 2 17 Up to 60,000 1 8 Total 12 100% Source: Wagga SES, October 2010

13 One person out of the twelve affected HHs has an income of Tk 300,000 per year.

V. RESETTLEMENT POLICY FRAMEWORK

A. CHT Legal Framework 45. Many of the laws that apply to the rest of the country, including the Code of Civil Procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land Acquisition Ordinance, 1982 do not apply to the region. The CHT Regulation of 1900 is the single most important law for the CHT. The Regulation functions in the nature of a constitutional legal instrument and vets the application of other laws that apply to the region, among others, by specifying the nature and extent of application of those laws. Other special laws that apply to the CHT include the CHT Land Acquisition Regulation, 1958, the Hill District Councils Acts of 1989, the CHT Regional Council Act of 1998 and the CHT Land Disputes Resolution Commission Act of 2001. 46. The Acquisition and Requisition of Immovable Property Ordinance (ordinance II of 1982) and its subsequent amendments in 1993 and 1994 provide the current legal framework in Bangladesh outside the CHT governing land acquisition for public purposes. The 1982 Ordinance covers all cases of acquisition and requisition of immovable property (i.e. land, crops, built structures) for any public purpose or in the public interest. This Ordinance does not cover Project APs without title or ownership records, such as Uthulies (informal settlers/squatters/encroachers), or khas land cultivators.14 Further, in most of the cases the compensation paid does not constitute market or replacement value of the property acquired. 47. Land acquisition in the CHT is under a different legal framework from the rest of Bangladesh. The CHT has had the status as a special region since the British period. Most of the land in the CHT belongs to the Government either as Reserve Forest (RF) or as Unclassified State Forest (USF). The Chittagong Hill Tract Regulation I of 1900 was the sole legal instrument for the governance and administration of the CHT. Under the regulation the DC could reoccupy land even though settlement of the same might have been given earlier. The regulation prescribed payment of compensation for various interests in the case of land acquisition.15 48. With the impending Kaptai hydro project dam construction, the Government found it expedient to clarify the government’s authority for acquisition of a huge tract of land that would be inundated, the Government replaced parts of the CHT Regulation I of 1900 with the CHT (Land Acquisition) Regulation, 1958, which remains as the most important legal instrument for the government with regard to land acquisition in the CHT (See Appendix B for an unofficial translation the Regulation). After the PA of December 2, 1997 between the Government and the

14 Government land. The government has in its possession vast areas of land in the coastal region, where Char areas (accretions) appeared from the

bed of big rivers or sea by way of new formations. These were called khas land as were huge areas of land, originally belonging to big estates, but later vested in the Court of Wards in due process of law and managed by government-appointed managers or agents. Added to these, were large chunks of land acquired by the government for Railways and other big land-based projects. In addition, excess khas lands were vested in the government in consequence of state acquisitions. These khas lands were managed directly by the government through government appointed-managers or trustees (in case of trust properties) and/or by managers/shebaits/mutwallis (in case of religious trusts, debottars or waqf estates). Further, land and buildings abandoned by their original owners as a sequel to the Partition of Bengal (1947) came within the management responsibilities of the government, first as Abandoned Property or wench properties and later, as 'enemy' properties after the Indo-Pakistan War in 1965.

http://banglapedia.search.com.bd/HT/L_0047.htm 15 ADB; GOB, Ministry of Land. 2007. TA 4517-BAN, Development of a National Policy on Involuntary Resettlement. Draft Final Report. Annex 1:

Review of Land Laws and Regulatory Framework. Dhaka: Halcrow Group Limited, Bangladesh Consultants Limited, and Rural Management Consultants Limited. August; KIT in association with SODEV Consult, CDP, ARCADIS EUROCONSULT, DPC 2001. Chittagong Hill Tracts Region Development Plan (ADB TA # 3328 - BAN) Final Report No. 13: Legal Issues in the CHT. Rangamati: February. p. 25: 1.9 Law Relating to Land Acquisition

PCJSS, several provisions of the Local Government Acts of 1989 were amended, so that the Government cannot acquire land owned by an individual as per CHT Regulation 1 of 1900 or under any rules of the Regulation without consultation with the HDC (Section 64).16 While the CHT Land Acquisition Regulation 1958 applies to the CHT, no rules were developed to describe how the Regulation would be applied in day to day land acquisition cases, so the rules developed for the Land Acquisition Ordinance 1982 are applied to the CHT as well as to the rest of Bangladesh.

B. ADB’s Involuntary Resettlement Policy 49. The ADB’s 2009 Safeguard Policy Statement (SPS) summarizes Involuntary Resettlement Safeguards, as follows:

1. SPS Involuntary Resettlement Safeguards Objectives: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. Scope and Triggers: The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of:

o Involuntary acquisition of land, or o Involuntary restrictions on land use or on access to legally designated parks and

protected areas It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

16 The Hill District Councils (Bandarban, Rangamati and Khagrachari) Act, 1998 (along with the Schedule – 1) is a major piece of legislation for the

decentralized governance of the CHT. This is a very broad authority which in practice the HDCs have seldom exercised till date. Their weak institutional capacity and subservience to the ruling party may be the main explanation. Nevertheless, Section 64 of the HDCs Act states: a) Notwithstanding anything contained in any law for the time being in force, no land within the boundaries of Rangamati (and Khagrachari and Bandarban) Hill District shall be given in settlement without the prior approval of the Council and such land cannot be transferred to a person who is not a domicile of the said district without such approval; and b) Provided that, this provision shall not be applicable in case of areas within the Protected and Reserve Forests, Kaptai Hydroelectricity Project, Betbunia Earth Satellite Station, land transferred or settled in Government and Public interest, land and forest required for state puLARPoses.

SPS Principles: o Screen the project early on to identify past, present, and future involuntary resettlement

impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

o Carry out meaningful consultations with affected persons, host communities, and concerned

non-government organizations.

• Inform all displaced persons of their entitlements and resettlement options • Ensure their participation in planning, implementation, and monitoring and evaluation of

resettlement programs

• Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations.

• Establish a grievance redress mechanism to receive and facilitate resolution of the

affected persons’ concerns.

• Support the social and cultural institutions of displaced persons and their host population.

• Where involuntary resettlement impacts and risks are highly complex and sensitive,

compensation and resettlement decisions should be preceded by a social preparation phase.

o Improve, or at least restore, the livelihoods of all displaced persons through:

• Land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods

• Prompt replacement of assets with access to assets of equal or higher value,

• Prompt compensation at full replacement cost for assets that cannot be restored, and

(iv) additional revenues and services through benefit sharing schemes where possible. o Provide physically and economically displaced persons with needed assistance, including

the following:

• If there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities

• Transitional support and development assistance, such as land development, credit

facilities, training, or employment opportunities; and

• Civic infrastructure and community services, as required. o Improve the standards of living of the displaced poor and other vulnerable groups, including

women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing

o Develop procedures in a transparent, consistent, and equitable manner if land acquisition is

through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status

o Ensure that displaced persons without titles to land or any recognizable legal rights to land

are eligible for resettlement assistance and compensation for loss of non-land assets o Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and

livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule

o Disclose a draft resettlement plan, including documentation of the consultation process in a

timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders

o Conceive and execute involuntary resettlement as part of a development project or program.

Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation

o Pay compensation and provide other resettlement entitlements before physical or economic

displacement. Implement the resettlement plan under close supervision throughout project implementation

o Monitor and assess resettlement outcomes, their impacts on the standards of living of

displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports

C. The Project’s LAR Policy 50. In 2007 a draft National Policy on Resettlement and Rehabilitation (NPRR) was prepared under the Ministry of Land with the help of an ADB Technical Assistance (TA) Loan. The NPRR is designed to address and mitigate both Project and Non-Project, i.e. river erosion and slum eviction, induced impacts and displacement with provision for appropriate assistance and rehabilitation. The NPRR is based on the premise that for achieving overall socioeconomic development it is imperative to safeguard the interest of those affected who cannot absorb the risks and costs of national development. This policy is still in the process of evaluation and approval by the Government. As a result the 1982 Ordinance is still being followed for all the cases of land acquisition and requisition throughout Bangladesh, with the exception of the CHT, where the CHT (Land Acquisition) Regulation, 1958 applies. 51. In the absence of an approved Government policy consistent with the ADB’s recent 2009 SPS, this Project-specific land acquisition and resettlement framework (LARF) has been prepared. The LARF will apply to this subproject and approved under the Project. This will ensure that APs impacted by land acquisition – whether it is owned land or occupied through formal or informal agreement or without any title or agreement – will be eligible for appropriate compensation covering replacement value of their assets. 52. The LARF reflects the Government land acquisition laws/regulations as well as the ADB’s recent SPS, which covers environmental, involuntary resettlement and IP polices. The LARF stipulates eligibility and provisions for all types of losses, including land (and in this Project, IP Common Land), crops, trees, fisheries and fish ponds, structures, business, employment (workdays and wages) and social infrastructure. 53. ADB policy requires that APs and affected communities will be compensated and assisted through replacement of acquired land, property, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost as guided by the ADB’s SPS. In the continued absence of a National Resettlement Policy in Bangladesh, the SPS will form the basis for the Project’s LARF. 54. This LARF has been adopted to provide guidance on the Project’s resettlement and rehabilitation issues in one sample subproject, and this will be a model for all future subprojects to be prepared for this ADB-financed Project. This will ensure that persons affected by land acquisition - whether titled or non-titled will be eligible for appropriate compensation/resettlement benefits. Persons having no legal title but using the land - if acquired for the Project use - will be provided with compensation and resettlement benefits for structures and assets. The customary rights to land and physical property will also be recognized for: IPs using any forest or khas land; for lessees of homestead, agricultural and commercial land; sharecroppers, and renters of land and structures. Compensation will also be extended to APs for loss of any asset including structures, fences, trees, plants or crops. 55. The LARF also endorses an income restoration strategy for SAPs. In addition to income restoration and cash assistance, the LARPs will include opportunities for Income Generation Activities (IGAs). SAP preferences for IGAs will be assessed prior to designing these income restoration measures provided for eligible SAPs. SAPs involuntarily displaced from their homes, losing more than 10 percent of their assets or income sources, and including non-titled persons

affected by the Project, will receive priority access to the IGAs.17 The Project’s Micro Agribusiness Development (MAD) will provide opportunities for SAPs to choose IGAs appropriate to their situation. MAD’s objective will be to increase the income of poor households, with SAPs receiving priority through LARP budgetary provisions in addition to the existing MAD budget, by promoting the development of market-driven micro agribusiness in four selected products, namely: (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market facility development (to be financed under the rural roads component of CHTRDP-II) and action research on potential high-value crops such as spicy leaf. Other options may be offered through NGOs, such as in nurseries and livestock. 56. The Project’s resettlement planning and implementation will be carried out in full consultation with the APs, and all efforts will be made to minimize disruption during Project implementation. AP’s preferences will be taken into account in the selection of alternative relocation sites (if any). A census will be conducted once the details of subproject works have been identified. The date of the census will become the Cut-Off Date for resettlement benefits and any encroachers or informal settlers after the date will not be entitled to resettlement benefits. For the title-holders, in absence of any Rules for the CHT 1958 LA Regulation, notification by the DC under Section 3 of the 1982 Ordinance, will constitute the Cut-Off Date. 43 In summary, the LARF will establish a dual process of acquiring land for the roads. One process will be through CCL following the CHT LA 1958 Regulation with the Local Government Acts of 1989 amended so that the Government cannot acquire land owned by an individual, as per CHT Regulation 1 of 1900, without consultation with the HDCs. This process will go through the DC’s office, which is standard throughout the rest of Bangladesh following the 1982 Land Acquisition Act. 57. The other process, established through precedence over several decades addresses the gap between the legal framework for land acquisition in Bangladesh (and in this case in the CHT) and ADB’s IR Policy, originally established in 1995 and in 2009 supplanted by the Safeguards Policy Statement (SPS), which combines environment, resettlement and IP safeguard policies. This provides for grants, such as ‘top up’ land and structure payments under CCL to market price/replacement levels, payment for shifting costs, grants for vulnerable APs (women headed households, IPs, among others), and livelihood restoration grants for Severely Affected Persons (SAPs) losing more than 10 percent of their land and/or shifting residents/businesses. 58. In line with this latter process, the LARF will provide a grant for IP common land. This is in line with ADB’s SPS respecting IP customary and ancestral lands, as well as international IP conventions that Bangladesh is a signatory to. The LAR Framework outlines a process for verifying registered and unregistered IP common land through the customary land management based on the CHT Regulation I of 1900 that set up a land administration through Circle Chiefs, Headmen, and Karbaris. Grants for IP Common land will be awarded to IPs and non-IPs alike who have been certified by Headmen, Circle Chiefs and finally by the HTCs. 59. This process is necessary, as the CCL process does not formally recognized IP Common lands. Instead, it defines such ancestral lands as ‘khas’ or ‘Government’ lands. In addition, the LAR, in this context, will define a consultation framework to obtain the free, prior

17 Those losing their business will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of

their client base. They will however receive a business restoration grant.

and informed consent of affected IP groups where the project necessitates the acquisition of ancestral lands of IP groups which will lead to physical displacement of such groups or individuals. As shown in the due diligence visits described above, such displacement has already occurred under CHTRDP-I and will doubtless occur under CHTRDP-II. The LARF also defines grievance redress processes for both CCL titled land payments and for IP Common land grants.

D. Objectives of the Land Acquisition and Resettlement Plan (LARP) 60. The Land Acquisition and Resettlement Plan (LARP) has been prepared taking into account the findings of the sample survey data, field visit and meetings with different level of stakeholders and FGD. The LARP identifies:

• The extent of losses • The policies and legal framework applicable • Provisions made for compensation payment and income restoration programs • Provision made for facilitating/ helping the SAP, indirectly affected persons in re-

establishing their incomes • Responsibilities of Chief Resettlement Officer (CRO), District Resettlement Officer

(DRO) and others in delivering and monitoring the implementation measures. 61. The primary objective of the LARP is to provide guidelines for compensation payments for lost assets and rehabilitation of the APs in order to prevent impoverishment by the project and instead provide support to sustain or develop their socio-economic condition.

E. Guidelines for Land Acquisition and Resettlement (LAR) 62. Land acquisition and resettlement of the project Affected Persons (APs), and facilitating the SAP and indirectly affected persons in re-establishing their livelihood and income will be conducted in accordance with the CHT Regulations of 1900 (popularly called, the CHT Manual), the key legal reference for customary IP land administration, GoB’s Acquisition and Requisition of Immovable Properties Act of 1982 and the ADB's safeguard policy guidelines requirements and best practice followed in Bangladesh for resettlement of project affected persons for any infrastructure project viz: (i) avoid involuntary resettlement where feasible, (ii) minimize displacement by considering all alternatives where population displacement is unavoidable, (iii) customary land right of IP people is ensured and (iv) ensure that displaced people receive assistance so that they would be at least as well off as they would have been in the absence of the project. The following are major elements of the policies/practices recommended by ADB:

1) Involuntary resettlement and loss of livelihood should be avoided where feasible;

2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options;

3) People unavoidably displaced should be compensated and assisted, so that their

economic and social future would be generally as favorable as it would have been without the project;

4) The vulnerable APs should be provided with resettlement facilities or support to

resettle in proximity to their social groups and good communication network with employment opportunities;

5) People affected should be informed fully and consulted on resettlement and

compensation options;

6) IPs will be entitled to have their customary land right

7) Maintain gender equity in resettlement planning and implementation;

8) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially in host communities;

9) The absence of a formal title to land by some effected groups should not be a bar for

compensation, particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous people and ethnic minorities, elderly and disable persons and appropriate assistance provided to help them improve their status;

10) As far as possible involuntary resettlement should be conceived and executed as

part of the project;

11) IPs will be entitled to have their customary right on natural resources

12) People who would be affected indirectly should be facilitated with regaining opportunities of their livelihood and socio-economic status

13) Participation of the local community should be ensured through incorporating them in

different committees involved in planning through implementation process of RAP

14) The full cost of resettlement should be included in the presentation of project costs and benefits.

F. LAR Entitlements 63. An Entitlement Matrix has been prepared on the basis of currently known impacts (Table 12). It identifies the categories of impact based on surveys carried out in the four subproject areas and shows the entitlements for each type of loss. This entitlement matrix will be applicable for this subproject where ever it is applicable or relevant. If new impacts are identified later during preparation of LARPs for this subproject in future then such losses will be included in the entitlement matrix and the LARP will be the appropriately revised. 64. By following the Project’s LAR policy all the affected people irrespective of their legal status will be compensated for any kind of loss caused due to project implementation. The customary right to the property of the IPs will be ensured. The losses will cover loss of property (land, structure, trees, crops, common property resources and others), livelihood and other unanticipated losses. They will receive compensation at replacement rate as assessed by the census and Socio Economic Survey (SES), Land Market Survey (LMS), Structure Replacement Value Survey (SRVS) and Tree Valuation Survey (TVS). Based on these survey data and through own assessment, the Property Valuation Assessment Team (PVAT) will determine the Maximum Allowable Replacement Value (MARV) of the lost property. 65. In the Project area two groups of people have been identified, IPs and Bengali people (those plain-landers who came before and after the 1980s to the CHT). The IPs have three kinds of land ownership: (1) Registered Land (from the DC) with proper documents; (2) Those who applied for registration long ago (here, in line with the ADB’s SPS, termed as ‘legalizable’); and (3) Common/Community Land used/owned through customary/traditional bondobosti (lease) from the Circle Chief (CC) through appointed headmen. The Bengalis who came before the 1980s have assimilated themselves with the IPs to a great extend and have more or less a similar kind of land ownership system as the IPs. On the other hand the Bengalis who came during and after the 1980s (locally called as ‘Settlers’) have legal papers of land ownership from the Government. Some of them are enjoying their legally registered land, but many are unable enjoy their land, which was in fact IP Common Land, categorized by the Government as ‘Khas’ Land. Through security concerns, many of them are squatting on other more accessible and unprotected Khas land or have engaged in ‘land grabbing,’ taking IP land without either Government or any other permission. In many of the above cases the Bengali ‘owned’ land through Government document, given through the 1980s ‘transmigration’ program supporting lowland Settlers who moved to the CHT, is simultaneously claimed by IPs through traditional/customary rights outlined in the above LARF sections. 66. There are also some RF areas in the CHT where IPs have been living for generations, or have been shelter for the Kaptai Dam refugees of the early 1970s. As these lands are owned by the FD, compensation at replacement value (RV) will paid to the FD, not to IPs, for any acquired land. However, APs on such RF lands will receive grants for their losses from the HDC, as assessed by the PVAT. 67. In the Entitlement Matrix, all these issues have been addressed by identifying nature and categories of loss by ownership, identified the Entitled Persons (EPs) through proper definition, their entitlements for the losses because of the project. The matrix describes the units of entitlements for compensating the lost assets, and various resettlement and rehabilitation benefits. The matrix also addressed the implementation issues step by step with corresponding responsible organizations to implement that.

68. The DC will compensate CCL according to the GOB’s regulations for loss of property on registered land with approval of HDC; and an additional grant will be paid by HDC through the NGO to cover the MARV. The HDC will also provide grants through the NGO to APs who do not own any registered land but have customary/traditional leased land registered by the CC. The HDC will also provide grants to squatters/informal settlers/encroachers or APs without any legal status according to GOB ordinances if they are confirmed by Project census as users of the acquired land. 69. The Entitlement Matrix also addressed loss of access to income, livelihood and common property resources or any utility services by the APs. The HDC will take appropriate measures to restore lost livelihood through providing training or other appropriate support for the APs. Special attention has been given in the Entitlement Matrix for the vulnerable APs, including female headed households, marginalized IPs, families with disable members, and others. Vulnerable HHs will qualify for additional assistance/grant, as specified in the Entitlement Matrix. 70. All APs will be entitled to compensation and resettlement assistance based on severity (significance) of impacts. Nevertheless, eligibility to receive compensation and other assistance will be limited by the Cut-Off Date. The cut-off date for compensation under law (Ordinance II of 1982 and its 1994 amendments) is considered for those identified on the Project ROW acquisition at the time of serving of notice under Section 3 or joint verification by DC and the Requiring Body (RB), in this case the HDCs, whichever is earlier. The Cut-Off Date eligibility for resettlement assistance/grant under this LARF is the commencement date of the Census for a given subproject. The absence of legal title will not bar APs from compensation or grants, as specified in the Entitlement Matrix below.

Table 12: Entitlement Matrix and Responsible Implementation Agencies Sl No

Nature of Loss Definition of Entitled Person (EP)

Entitlements Implementation Issues Implementation Responsibility

1 Loss of Registered Land with proper document (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

Legal owner of the land at the time of serving notice under Section 3 of LA Laws Indigenous People (IP) /Bengali migrants came before 1980s

i. Replacement land18 or ii. Cash Compensation under Law (CCL),

Market Value assessed by District Collector (DC) plus premium as per Law, and

ii. Additional grant to cover Maximum Allowable Replacement Value (MARV) of land

v. Stamp duty to facilitate land purchase v. Compensation for standing crops

assessed by DC/ Property Valuation Assessment Team (PVAT)

vi. Land development cost for homestead loser (if applicable) assessed by PVAT

a. Assessment of quantity and quality of land

b. Assessment of Market Value

c. Assessment of MARV by Land Market Survey (LMS)

d. Title updating e. Payment of CCL f. APs will be fully informed of

the entitlements and procedures regarding payment

g. Additional cash grant to cover the Replacement Value (RV) of land will be paid before or /during vacating the project site (even before receiving CCL, if necessary)

h. Stamp duty will be due to an EP in case of land purchase within one year of receiving CCL from DC

i. Compensation for standing crops from DC

a. DC, Hill District Council (HDC) b. DC, HDC c. HDC, Implementing NGO (NGO) d. DC,HDC e. DC,HDC f. HDC, NGO g. HDC, NGO h. HDC-Chief Resettlement Officer (CRO), NGO i. DC, HDC

2 Loss of Land applied for registration long ago (legalizable) with proper document (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

Legal owner(s) of land (DCs in case of identifying legalizable after verification) Indigenous People (IP) /Bengali migrants came before 1980s

i. As 1 if DC can declare the land legalizable,



c. Assessment of MARV by LMS

d. Title updating e. Payment of CCL f. APs will be fully

informed of the entitlements and procedures regarding payment

g. Additional cash grant

a. DC, HDC

b. DC, HDC

c. HDC/NGO

d. DC,HDC e. DC,HDC f. HDC/NGO

g. HDC/NGO

18 As almost all the APs losing partial housing/business structures own additional land beside the acquired part, it is expected that these households and/or business will remain on their own area but will rebuild

the structure on their remaining property. However, if the affected structures need to be relocated and the structure owner does not have any alternate land to rebuild and/or to re-establish their business, he/she will be provided with an alternate residential/resettlement site or, if agreed by the AP, equivalent valuation (cash money) by the EA. This arrangement will be finalized through the Resettlement Advisory Committee (RAC) after the SES confirms the AP’s situation and after consultation with the AP.

Sl No



to cover the RV of land.

h. Stamp duty will be due to an EP in case of land purchase within one year of receiving CCL from DC

i. Compensation for standing crops from DC

h. HDC-CRO/NGO

i. DC,HDC

3 Common land used/owned through traditional bondobosti (lease) (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

Owner/user of Common property leased in from headman through traditional bondobosty system IP /Bengali migrants came before 1980s

i. Cash Grant as Replacement Value of the

land assessed by PVAT ii. Grants for Compensation for standing

crops assessed by PVAT iii. Land development cost for homestead

loser (if applicable) assessed by PVAT


b. Assessment of RV by LMS

c. Payment of RV d. APs will be fully


e. Compensation for standing crops from HDC

a. HDC

b. HDC, PVAT

c. HDC/NGO d. HDC/NGO

e. HDC/NGO-CRO

4 Common land used/owned

through traditional bondobosti (lease) by IP but claimed by Bengali came after 80s through legal paper from the government (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

IP Owner/user of Common property leased in from headman through traditional bondobosty system

But Bengali settler has legal government lease document of ownership of land but not in possession Ownership or share of compensation will be resolved through Alternate Dispute Resolution (ADR)

i. Cash Grants as Replacement Value of the land assessed by PVAT

ii. Grants for Compensation for standing crops assessed by PVAT

iii. Land development cost for homestead loser (if applicable) assessed by PVAT






a. HDC

b. HDC, PVAT


e. HDC/NGO-CRO

5 Bengali came after 80s used/owned land through legal paper from the government but

Bengali settler owner/user of land through legal

i. Cash Grants as Replacement Value of the land assessed by PVAT

ii. Grants for Compensation for


a. HDC

b. HDC, PVAT

Sl No



IP claimed as owner of common land owned through traditional bondobosti (lease) (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

government lease document

But IP owner of common property by leased in from headman through traditional bondobosty system but not in possession Ownership or share of compensation will be resolved through Alternate Dispute Regulation (ADR)

standing crops assessed by PVAT iii. Land development cost for

homestead loser (if applicable) assessed by PVAT






e. HDC/NGO-CRO

6 Loss of Reserve Forest Land (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

Forest Department is the legal owner of the land at the time of serving notice under Section 3 of LA Laws

I. CCL (Market value assessed by DC plus

premium as per Law) and II. Additional grant to cover MARV of land

III. Compensation for standing crops /trees assessed by DC/PVAT

IV. Land development cost for homestead loser (if applicable) assessed by PVAT




d. Payment of CCL e. APs will be fully informed of

the entitlements and procedures regarding payment

f. Additional cash grant to cover the RV of land will be paid before or /during vacating the project site (even before receiving CCL, if necessary)

g. Compensation for standing crops /trees from DC

a. DC, HDC

b. DC, HDC c. HDC/NGO

d. DC,HDC e. HDC/NGO

f. HDC/NGO

g. i. DC,HDC

7 Loss of Homestead/ Commercial and Other Infrastructure by Owner (Registered land)

Legal owner of the land at the time of serving LA notice Section 3 as recorded in the LA award Book

i. CCL ii. Additional grant to cover RV of the

structure iii. Transfer Grant (TG) @ 12.5% of the

value of non-masonry (kutcha) and semi-pucca and 5% for masonry (pucca ) structure assessed by PVAT

iv. Owner will be allowed to take all salvageable materials (free of cost) without delaying the project work

v. Re-Construction Grant (RCG) @ 12.5% of the value of all structures assessed by the PVAT for titled owners

a. Assessment of no. and quality of structure

b. Assessment of market value


d. Title updating e. Payment of CCL f. APs will be fully informed

of the entitlements and procedures for getting those

g. Additional grant to cover

a. DC,HDC b. DC,HDC c. NGO/HDC-CRO d. DC e. DC f. NGO, HDC-CRO g. HDC-CRO/NGO h. HDC-CRO/NGO

Sl No



vi. Special assistance for Female Headed/Vulnerable Households/Marginalized IPs @ Tk 2,000, Tk 3,000 and Tk 5,000 for kutcha, semi-pucca and pucca structure

vii. Land/Homestead Development Grant (LDG/HDG) assessed by PVAT (if applicable)

viii. Special Assistance of Tk 5,000/ for Vulnerable Households having disabled member in the family

the MARV of the structure h. Allowed to take away the

salvageable i. TG @ 12.5% or 5% of the

assessed value of the structure

j. RCGs @ 12.5% of the assessed value of the structure

k. Special Assistance to Female Headed Households/Marginalized IPs by category of the structure

l. Homestead loser will be eligible to get Homestead Development Grant

m. Special assistance to Vulnerable Households with disabled family member

i. HDC-CRO/NGO j. HDC-CRO/NGO k. HDC-CRO/NGO l. HDC-CRO/NGO m. HDC-CRO/NGO

8 Loss of Access to any Cultivable Land /pond by Farmers, Tenant/ Sharecroppers including cultivators of common land

Farmers, tenants and sharecroppers of the land under contract as identified by the SES to be compensated during implementation of LARP

i. Grants for Transition Allowance equivalent to one year's net income from the cultivable land to farmer, tenant/ sharecropper, based on Existing Market Value (MV) assessed by PVAT of the crops/fish

a. Individuals identified by the census/SES as farmer, tenant or sharecropper of land

b. Cash grant as determined by assessment will be paid after taking possession of the land

c. The land owner (registered/leased in from headman) certifies the tenancy

d. SES will identify the farmer (cultivator of common land), tenant /share cropper and endorsed

a. NGO, HDC b. HDC- CRO/NGO c. NGO HDC d. NGO/ HDC

9 Loss of Trees/Perennials on registered land

Persons with ownership of the land (registered) where the trees are located and crops are grown at the time of taking possession for the project

i. Market price of the tree as CCL determined by DC with assistance from other relevant agencies

ii. Additional Grants to cover MARV of the tree, based on productivity and age of trees and value of the fruit assessed by PVAT

iii. Additional 30% of assessed value as compensation for fruit bearing trees with timber

a. Assessment of loss and market value of the loss

b. Payment of Cash Compensation for the losses

c. Additional cash grant to cover the RV of the lost tree/perennials (if necessary for registered land owner)

a. HDC/NGO-CRO b.HDC/NGO-CRO c. NGO/HDC

Sl No



iv. One time crop of each grown up tree (like banana tree)

v. Tree losers will be encouraged to plant more trees by providing 5 saplings free of cost to each affected households.

d. owner will be allowed to fell and take the tree and fruits, after payment of compensation

10 Loss of Trees/Perennials on common property

Persons with ownership of the land (common property) where the trees are located and crops are grown at the time of taking possession for the project

vi. Grants for Compensation at the MV, based on productivity and age of trees and value of the fruit assessed by PVAT

vii. Additional 30% of assessed value as compensation for fruit bearing trees with timber

viii. One time crop of each grown up tree (like banana tree)

ix. Tree losers will be encouraged to plant more trees by providing 5 saplings free of cost to each affected households.

e. Assessment of loss and market value of the loss

f. Payment of Cash Compensation for the losses

g. Additional cash grant to cover the replacement value of the lost tree/perennials (if necessary for registered land owner)

h. owner will be allowed to fell and take the tree and fruits, after payment of compensation

a. HDC/NGO-CRO b.HDC/NGO-CRO c. NGO/HDC

11 Loss of Residence/Commercial Structures by Owner on Common land

Owner of the structure identified by SES

i. Cash Grant as compensation for the structure at market value assessed by PVAT

ii. TG @ 12.5% of the value of kutcha and semi-pucca and 5% for pucca structure assessed by PVAT

iii. Owner will be allowed to take all salvageable materials (free of cost) without delaying

Date post:	13-Feb-2021
Category:	Documents
Upload:	others
View:	12 times
Download:	0 times

BAN: Second Chittagong Hill Tracts Rural Development Project...Chittagong Hill Tracts Affairs...

Documents