SOUTHWEST AREA INTEGRATED WATER RESOURCES PLANNING …southwest.bwdb.gov.bd/files/report/099e6a3604b458f4559312904e6… · FCE-Afra Flood Control Embankment on Afra Right Bank FCE-Gobra

SOUTHWEST AREA INTEGRATED WATER RESOURCES PLANNING AND MANAGEMENT PROJECT

Bangladesh Water Development Board

Ministry of Water Resources

Government of the People’s Republic of Bangladesh

June 2005

RESETTLEMENT FRAMEWORK (Chenchuri Beel and Narail Subproject)

Southwest Area Integrated Water Resources Planning and Management Project

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Resettlement Framework i

Table of Contents

Acronyms and Abbreviations ............................................................................................................. ii

1 Project Background and Description .....................................................................1

2 Objectives, Policy Framework, and Entitlements ..................................................3

3 Procedure for RP Preparation and Implementation ...............................................9

3.1 General ........................................................................................................... 9

3.2 Socioeconomic Information ........................................................................... 9

3.3 Gender Impact and Mitigative Measures ..................................................... 10

3.4 Information Dissemination, Consultation, Participatory Approaches and

Disclosures Requirements ........................................................................................ 10

3.5 Grievance Redress Mechanisms .................................................................. 11

3.6 Compensation, Relocation and Income Restoration .................................... 11

3.7 Resettlement Budget and Financing ............................................................ 12

3.8 Implementation Schedule ............................................................................. 13

3.9 Monitoring and Evaluation .......................................................................... 13

3.9.1 Internal Monitoring .............................................................................. 13

3.9.2 External Monitoring and Evaluation .................................................... 14

4 Implementation Arrangements.............................................................................16

4.1 Project Management Office, BWDB ........................................................... 16

4.2 The Acquiring Body .................................................................................... 16

4.3 TA Consultants ............................................................................................ 17

4.4 RP Implementing NGOs .............................................................................. 17

4.5 Resettlement Implementation Committees/Teams ...................................... 17

4.5.1 Joint Verification Teams ...................................................................... 17

4.5.2 Property Valuation Advisory Teams ................................................... 18

4.5.3 Grievance Redress Committees ........................................................... 19

4.5.4 Resettlement Advisory Committees .................................................... 19

4.6 RP Implementation Guidelines .................................................................... 19

List of Tables

Table 2-1: Measures for Compliance of ADB Policy and GOB Laws .......................... 4

Table 2-2: Entitlement Matrix ....................................................................................... 6

Table 3-1: Potential Monitoring Indicators.................................................................. 14

Table 3-2: Indicators for External Monitoring and Evaluation ................................... 15


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Resettlement Framework ii

ACRONYMS AND ABBREVIATIONS

AC Assistant Commissioner

AD Alluvial and Dilluvial

ADB Asian Development Bank

ADC Additional Deputy Commissioner

AP Affected Person

ASA Association for Social Advancement

BKB Bangladesh Krishi Bank

BRAC Bangladesh Rural Advancement Committee

BWDB Bangladesh Water Development Board

CCL Cash Compensation under Law

CRO Chief Resettlement Officer

CRP Common Resource Property

DAE Department of Agriculture Extension

DC Deputy Commissioner

DOF Department of Forest

EA Executing Agency

EP Entitled Person

FCE-Afra Flood Control Embankment on Afra Right Bank

FCE-Gobra Flood Control Embankment on Gobra Khal

FGD Focus Group Discussion

GDP Gross Domestic Product

GOB Government of Bangladesh

GRC Grievance Redress Committee

ha Hectare [ 1 ha = 2.47 acre]

HH Household

HQ Headquarters

ID Identity

IGA Income Generation Activity

ILR Income and Livelihood Restoration

INGO Implementing NGO

IR Income Restoration

ISA Initial Social Assessment

IWMP Integrated Water Management Plan

JFPR Japan Fund for Poverty Reduction

JVT Joint Verification Team

LA Land Acquisition

LA&R Land Acquisition and Resettlement

LAO Land Acquisition Officer/Office

LAP Land Acquisition Plan

LGI Local Government Institution

LWL Lowest Water Level


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Resettlement Framework iii

MARV Maximum Allowable Replacement Value

MIS Management Information System

MOWR Ministry of Water Resources

NGO Non-Government Organization

O&M Operation & Maintenance

PD Project Director

PMO Project Management Office

PPTA Project Preparation Technical Assistance

PRA Participatory Rapid Appraisal

PRRA Participatory Rapid Rural Appraisal

PVAT Property Valuation Advisory Team

PWD Ponding Water Depth

RAC Resettlement Advisory Committee

RC Resettlement Coordinator

RDM Polli Unnayon Andolon (RDM)

RF Resettlement Framework

RMC Rural Management Consultants Ltd.

ROW Right of Way

RP Resettlement Plan

RU Resettlement Unit

SBE Small Business Enterprise

SC Supervision Consultant

SDF Social Development Foundation

SES Socioeconomic Survey

TA Technical Assistance

TC Tenant Contract

TCF Tenant Contract Farming

Tk. Taka

TNA Training Needs Assessment

TOR Terms of Reference

TRS Temporary Resettlement Site

UP Union Parishad

V Vulnerable

WMO Water Management Organization


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Resettlement Framework 1

Project Background and Description

1. In consultation with the Government of Bangladesh, the 2002 Asian Development Bank's (ADB) Country Strategy Program Update for Bangladesh included Project Preparatory Technical Assistance (PPTA) to prepare an investment project titled "Southwest Area Integrated Water Resources Planning and Management Project" (the Project) for ADB financing. The PPTA focused on the sub-regions as hydrological subunits corresponding to the selected districts in the Southwest area including the whole or part of Faridpur, Jessore, Magura, Narail, Rajbari districts within which water management activities are mutually interrelated and need to be managed in an integrated and coordinated manner. The PPTA was agreed in 2003 and consultants were mobilized in 2004.

2. The PPTA activities were divided into two phases (i) Preparation of IWRM plans in the selected sub-regions or districts and (ii) preparation of an investment proposal for implementing the priority interventions identified in the IWRM plans. The project will complement the ongoing and new water sector initiatives of the government, including IPSWAM and WMIP, through a harmonized and consistent approach with the existing policy and institutional framework. The project has three components: (i) IWMP preparation; (ii) sustainable and productive water resource management through IWMP implementation; and (iii) institutional strengthening and project management. The first component will culminate into IWMPs for the selected FCD/I schemes covering about 100,000 ha of hydrological areas, including 57,000 ha where two sample IWMPs were prepared under the PPTA namely (i) Chenchuri Beel Sub-Project and (ii) Narail Sub-Project. The project will prepare additional subprojects having a gross area of about 43,000 ha in addition to the two sample subprojects for bank financing.

3. The Project will prepare and implementing IWMPs for additional FCD/I schemes covering 43,000 ha, following the selection criteria.

i) The schemes selected should not contain a significant proportion of new works and should fundamentally consist of rehabilitation/upgrading of existing infrastructure and any additional works to address a number of internal water management problems to be pursued with stakeholder participation to enhance their performance;

ii) Schemes which require minimal and straightforward rehabilitation and improvement works, and higher economic return should be given preference; in this context, those that have problems associated with significant riverbank erosion and/or with drainage congestion of outer channels (in lieu of internal canals) should be avoided;

iii) Scheme net benefited areas should not be greater than 14,000 ha. If any potential identified scheme has a greater total net benefited area, it should be possible to sub-divide it into smaller independent units which may be addresses individually;

iv) Works required will not cause any adverse environmental or social impact. It should be possible to incorporate any required mitigation measures under the proposed works at reasonable cost;

v) As an initial economic assessment, (in the absence of detailed information) the scheme estimated cost should not be in excess of $400 / ha net benefited area, in principle;


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vi) Where sufficient information is available to assess the probable internal economic rate of return (EIRR), this should be in excess of 12%;

vii) Sufficient indication should be given of beneficiaries willingness to form water management organizations, and to contribute to the cost of the schemes that is equivalent to the annual O&M cost (at least 1.5% of structures and 3% of earthworks) in the form of labour/ materials/ land and/or cash and that they are willing to assume a commitment to O&M of the schemes on their completion; and

viii) Based on available statistics, the existing poverty levels within the schemes should be in excess of the national average (50%) in principle.

4. The sub-project interventions for improvement of integrated water management include (i) excavation and re-excavation of canals, (ii) construction and repair of water control structures, (iii) construction and rehabilitation of flood control embankments, (iv) construction of erosion mitigation structures, (v) programmes for agriculture, fishery, and livelihood enhancement support and (v) institutional arrangement under the purview of national water management policy. Land acquisition (homestead, agri-land and underwater land) and resettlement will be involved for most of the interventions for improved water management. The implementation period of the sub-projects will be 3 to 5 years depending on nature of civil works construction involved.

5. This Resettlement Framework (RF) has been prepared on the backdrop that two sub-projects are under preparation for bank financing and there will be more other sub-projects likely to be appraised for financing from ADB. This RF is prepared as the primary document, which provides the basis for preparing resettlement plans (RPs) for the two sample sub-projects and future sub-projects to be undertaken by the Project. The RF identifies the broad magnitude of the scope and outlines the policy, procedures and institutional requirements for formulating RPs, especially in RPs for sub-projects that will be selected during project preparation/implementation. It sets out the policies, procedures and capacity building requirements to be adopted by BWDB in the screening and preparation of RPs before submission to ADB for review and approval. BWDB will be responsible for preparing social analyses and RPs for subprojects based on the principles outlined in this framework. The implementation of the investment projects under preparation is likely to commence from mid of 2006 and the Bangladesh Water Development Board is the executing agency (EA).


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Objectives, Policy Framework, and Entitlements

6. The project will undertake IWRM plans for the selected FCD/I schemes including the two sample subprojects namely (i) Chenchuri Beel Sub-Project and (ii) Narail Sub-Project. The project will prepare more subprojects in addition to the two sample subprojects. Additional land will be required for implementation of the rehabilitation works under the subprojects and in some instances displacement will be happened. The project for bank protection works will be using bankline and underwater land as well. However, overall likely resettlement impacts as per the sample subprojects include (i) displacement of people, commercial enterprises, and community establishments, (ii) diminishing of business and income, access to cultivable land and employment, (iii) dislocation in access to residential and commercial structure/premises/farms and above all (iv) loss of residential, commercial and agricultural land including trees and crops. Persons recognized for such losses due to undertaking of the subprojects either titled or non-titled irrespective of gender will be identified as eligible for payments and benefits under land acquisition and resettlement plans.

7. The current legislations governing land acquisition for the project includes the (i) Acquisition and Requisition of Immovable Property Ordinance 1982 and subsequent amendments of earlier ones and (ii) East Bengal State Acquisition and Tenancy Act1 (1951, revised 1994). The 1982 Property Ordinance has limitations to cover only the legal owners of property supported with ownership records (deeds, settlement records, legally constituted agreements, joint verification by DC, etc.). The Ordinance does not cover project-affected persons without titles or ownership records such as squatters, occupiers/sheltered, and informal tenants and leaseholders (without document) or the previous owners of khas land (within river) after the AD line2. Further, the compensation paid does not constitute market or replacement value of the property acquired. The legal process for valuation of property considers the recorded prices of land, structure, and trees/crops from concerned government departments. But these prices are not updated regularly and normally remains in the lower side compared to real market price at replacement cost.

8. The East Bengal State Acquisition and Tenancy Act (Section 7) defines the ownership and use right of alluvial (nadi sikosti) and diluvion land (payosti, reformation in situ or original site) in the country. In legal terms, eroded lands (sikosti) inside the alluvial-diluvial (AD) line (i.e., underwater land) are considered khas land only after declaration by DC, following demarcation of AD line. There are no legal provisions in Bangladesh to compensate for eroded land into the rivers. However, the "original" owner(s) can claim the land if it reappears as a natural process within the 30 years from the date of erosion.3 The loss of land for the erosion protection measures will permanently seal off the possibility of any such claims of regaining access to new land in situ or original site. Thus, it is reasonable that land acquired for revetment, including bankline, should be compensated by the project.

9. The 1982 Ordinance is the only law that provides clearly defined compensation for land acquisition for development projects. At present, there are no legal provisions in the country to compensate for eroded land. But khas lands should also be acquired when

1 See A K M Siddique, Common Land Laws and Rules, Dhaka, August 2001. 2 The Assistant Commissioner-land (AC-land) in respective districts demarcates Aluvion Diluvion (AD) line each

year in areas where the rivers erode their bank frequently. According to law, if the land after AD line into the river re-appears within 30 years from the date of erosion, the original owner(s) can claim the land.

3 The East Bengal State Acquisition and Tenancy Act (1951, revised 1994). See A. K. M. Siddique, Common Land Laws and Rules, Dhaka, August 2001.


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a LA case contains both khas land and private land. If the total land is khas, the land will be transferred through inter-ministerial meeting but LA proposals should also be prepared and submitted to DC. In the absence of a national policy consistent with ADB policy on involuntary resettlement,4 this resettlement framework has been prepared as major differences between Bangladesh legal framework for land acquisition and ADB's involuntary resettlement policy safeguard are identified (Table 0-1).

Table 0-1: Measures for Compliance of ADB Policy and GOB Laws

LA&R Issues Covered by GOB Laws Measures as per ADB Guidelines

A. Assessment of losses and identification of owner(s)

1. Land and physical property on the acquired area

The DCs will conduct joint verification with the BWDB at SMOs and categorize land by types, any assets thereon as well as identify the legal owners of physical assets.

The BWDB with assistance from an independent agency will prepare a population record (to be updated at detailed design stage) and socioeconomic surveys of identified households to assess the losses and identify owner(s) of acquired assets. In addition, an independent NGO as a member of Joint Verification Team will confirm the joint verification data of physical property for implementation adequacies.

2. Livelihood and income opportunities

GOB laws of acquisition of land and property do not take into account loss of income and employment.

Loss of income and employment will be identified through census and socio-economic survey conducted by independent agency.

3. Non-titled owners: Squatters/ Illegal occupants

Laws of land acquisition may or may not recognize the squatters on khas land and do not recognize illegal occupants.

Squatters and illegal occupants / encroachers will be recognized as owners of structures they live in through census and socioeconomic survey conducted by an independent agency.

4. Social dislocation and vulnerability

Laws of land acquisition do not consider social dislocation due the acquisition or vulnerability therein

Social and emotional disturbance due to dislocation from original place of residence and physical, gender, social and economic vulnerability will be considered.

B. Assessment of compensation and valuation

5. Land (agricultural, homestead and commercial)

Deputy Commissioners will consider recorded price for the preceding one-year period and average the sales prices for compensation. The award includes an additional 50% as premium on the assessed price due to compulsory acquisition.

A land market survey will be conducted by independent agency through structured survey and consultation for assessing the current market price of land. A Property Valuation Advisory Team (PVAT) will recommend a replacement value and additional payments will be paid directly to owner(s) of acquired property over all above the compensation under laws.

6. Tree, crops, perennials

Prices from the Forest Department and Agricultural Extension will be used for compensation of affected trees and standing crops.

The DC price will be reviewed and additional value will be added to ensure the market price. The PVAT will recommend the replacement price of trees and crops.

7. Structure & non-structure assets, etc.

Price from the Public Works Department (PWD) will be considered to assess the prices of different structures.

The PWD price for different types of structures will be reviewed and the PVAT will also conduct valuation to recommend the real market price of structure at replacement cost.

C. Compensation Entitlements

8. Loss of land, structure, tree, crops, etc.

Assessed market price of land and other immovable property and a 50% premium on that to legal owners. Removal cost @12.5% of the assessed value of movable assets Crop compensation to legal owners and tenants having a legal agreement with land owner The DC receives assessed market price of eroded land without 50% premium. Auctions out the salvaged materials.

Market price of land, structure and tree at replacement cost assessed by PVAT will be ensured through additional payment to the owner(s) identified by census and socioeconomic survey by an independent agency Stamp duty and registrations cost will be reimbursed for purchase of replacement land within stipulated time and up to the replacement market value determined by PVAT. Assistances will be given for shifting and reconstruction of structure. An additional shifting allowance will be given to the affected female-headed households. Price of crops will be paid to share croppers either having a lease agreement or not as recognized in census / socioeconomic survey. Replacement price to previous owners of eroded land if acquired and charland if eroded due to the project will be given directly to the owners as will be recommended by

4Involuntary Resettlement Policy, ADB, Manila, November 1995.


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LA&R Issues Covered by GOB Laws Measures as per ADB Guidelines

the PVAT. Salvaged materials will be allowed to free of cost.

9. Livelihood and income opportunities

No provision for loss of income and employment.

Cash assistance for subsistence during relocation of households Cash assistance for loss of business/farm and rental income to APs Training, credit support for income-generation and employment in civil works to poor and vulnerable APs.

10. Informal settlers and squatters (non-titled owners)

No provision for loss of structure of informal settlers or squatters other than on khas land.

Replacement price of structure, and alternative housing assistance will be provided to the owners identified through census by an independent agency. Shifting and reconstruction assistance will be provided as structure owners; Training and credit will be facilitated for income-generation and employment to civil works

11. Social dislocation and vulnerability

No assistance Options for relocation of the APs will be considered for resettlement; Renovation and extension of community facilities in host areas will also be provided where there are needs. Special assistance is provided to female-headed households and other vulnerable groups Income restoration assistance will be provided to vulnerable project affected households

10. The scope of the ADB policy requires that affected persons or community will be compensated and assisted through replacement of acquired land, 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 cost5. In the absence of National Resettlement Policy in Bangladesh, ADB policy on involuntary resettlement is therefore applicable to this Project to bridge the lapses of the GOB laws. In this case, based on GOB and ADB policy, a project specific Resettlement Framework (RF) has been adopted to handle resettlement and rehabilitation issues in the sample and future sub-projects. The RF principles contained in this document shall apply to both in the sample sub-projects and future subprojects to be prepared for investment project to be financed by ADB. 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 under acquisition - if vacated for the project use - should be provided with compensation and resettlement benefits for structures. The customary rights to land and physical property will also be entertained covering the leasees of homestead, commercial and agricultural land, sharecroppers, renters of land and structure, etc. under the resettlement framework. Likewise, previous owner(s) of khas land (under water into the rivers) shall also be covered for resettlement benefits.

11. The framework also endorses an income restoration strategy for vulnerable APs including squatters ('informal settlers') irrespective of legal titles to affected property. In addition to income restoration cash assistance, the RPs will include opportunities for occupational skill development training on identified income generation activities (IGAs) followed by micro-credit facilitated under project sponsored income generation program (IGP). AP preferences for IGAs and their market demand will be assessed prior to designing income restoration plan for the eligible APs. The people involuntarily displaced from their homes, assets, or income sources as well as non-titled people affected by the project will receive priority access to this IGP. Business losers will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of their client base. Households displaced due to the projects will be eligible for income restoration assistance.

5 Asian Development Bank, Involuntary Resettlement, Operation Manual, Section F2/BP, 29 October 2003.


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12. The resettlement activities of the Project will be carried out in consultation with the APs and all efforts will be made to minimize disruption during project implementation. APs preferences will be taken into account in the selection of alternative relocation sites. A census will be conducted once the details of subproject works have been identified. The date of the census will be the cut-off date for resettlement benefits and any encroachers/informal settlers after that date will not be entitled for resettlement benefits. For the title-holders, notification under section 3 of the LA Act by the DC will constitute the cut-off date.

13. An Entitlement Matrix has been prepared on the basis of currently known impacts (Table 0-2). It identifies the categories of impact based on surveys carried out in the two sub-project areas and shows the entitlements for each type of loss. If new impacts are identified later during preparation of RPs for future sub-projects then such losses will be included in the entitlement matrix and the RP will be appropriately revised.

Table 0-2: Entitlement Matrix

Type of Loss Application Definition of APs Entitlement Policy Issues

1. Loss of land

(agricultural,

commercial,

homestead,

pond, ghers,

baroj)

Land on the

project right of

way to be

acquired by DC

Legal owner(s) of land

recognized by DCs

a. Cash compensation under law (CCL)

determined by DC in respective districts

including 50% premium.

b. Additional grant to ensure replacement

market value to be determined by PVAT

after CCL and 50% premium if lower.

c. Refund of registration cost incurred for

replacement land purchase at the

replacement market value.

Provide equivalent land

nearby or the

replacement value to

the APs

2. Loss of

underwater land

Land on the

project right of

way within the

river after AD line

if acquired

Legal owner(s) of land

(DCs in case of khas

land after legally

established AD line) ,

the previous private

owner(s) of khas land

identified at the time of

eroding the land into

river below the AD line

as per land rent records

a. Same as loss 1 if DC cannot not declare

the land khas.

b. In case of khas land, cash compensation

under law (CCL) to respective DCs without

50% premium.

c. Replacement value of eroded khas land

assessed by PVAT, to the previous

owner(s) whose land was eroded.

d. Refund of registration cost incurred by

the previous owners of khas land if

purchases replacement land at the

replacement value.

Provide replacement

land or the value to the

owners as his/her

ownership ceases.

3. Loss of

residential

/commercial

structure

Structure on the

ROW identified by

DC and the SES

Legal owner(s) of

structures and owners

non-titled to land

including occupiers

/encroachers /sheltered

/ squatters identified by

the SES for each

household/ shop

a. Cash compensation under law (CCL) to

be determined by DC including 50%

premium to legal owners.


market value of structure to be determined

by PVAT to titled and non-titled owners

after CCL and 50% premium if lower than

replacement market value.

c. Transfer grant equivalent to 12.5% of the

value of non-concrete structure assessed

by PVAT to titled and non-titled owners.

d. Transfer grant equivalent to 5% of the

value of concrete structure (pucca/semi-

pucca) assessed by PVAT to titled and

non-titled owners.

e. Reconstruction grant equivalent to

12.5% of the value of non-concrete

structure assessed by PVAT for titled

owners.

Reconstruction of

structure at a new site


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f. Homestead development and

reconstruction grant of Tk. 15,000 to non-

titled owners (squatters,

occupiers/encroachers, sheltered, etc.)

g. Salvaged materials free of cost.

4. Loss of non-

structure assets

(betel leaf baroj,

shrimp gher and

ponds.)

Concerned

structures on the

ROW identified by

DC and /or the

SES

Legal owner(s) of

structures/land and

non-titled owner(s)

including lease holders

identified by the

concerned DC or SES

a. Cash grant equivalent to one year's net

income from the structure to be determined

by PVAT to the cultivator(s).

b. Cash grant equivalent to one year's

rental income to the owners of associated

land /structure assessed by PVAT.

Replacement of farm/

structure at a new site

5. Loss of trees,

crops, perennials

Standing crops,

trees on the right

of way to be

removed for the

interest of the

project

Legal owner(s) of land a. Compensation at the rate determined by

respective DCs based on price data from

the Department of Forest (DOF) for trees

and the Department of Agriculture

Extension (DAE) for crops.

b. Free saplings to the relocated

households.

c. Salvaged materials free of cost.

Compensation for

standing crops and

trees and encourage

plantation

6. Loss of access

to agricultural,

commercial and

homestead land

Agricultural,

residential and

commercial plots

on the project right

of way

Legal tenants of land

identified by DCs and

non-titled tenants

(renters, leaseholders,

sharecroppers)

identified by SES

a. Crop compensation to titled

sharecroppers or leasees by DC.

b. Cash grant of Tk. 300/- per decimal of

land sharecropped by non-titled

sharecroppers.

c. Cash grant for alternative housing to

renters of residential and commercial land

(lump sum) Tk. 6000/-.

d. Cash grant of Tk. 500/- per decimal to

renters/lease holders of land for

pond/gher/baroj.

Compensation for loss

of access to farm land

7. Loss of

income and work

days due to

dislocation

Households (both

titled and non-

titled) and

employees in

SBEs on right of

way

Head of poor

households / owners of

shops and employees

identified by the SES

a. Cash grant of Tk. 5000 per household as

subsistence for lost income/workdays.

b. Cash grant of Tk. 6000 for loss of

business income by affected traders/shops.

c. Cash grant equivalent to Tk. 3000/- to

owners of rented land/premises.

d. Cash grant of Tk. 3000 to the affected

employees equivalent to 2 months' wages.

Subsistence and

income in post-

displaced period

8. Affected

vulnerable

households

Vulnerable

households on the

ROW (both titled

and non-titled)

Vulnerable households

identified by SES

(women headed

household, hard core

poor households and

poor households losing

more than 10% of their

agriculture income)

a. Additional cash grant of Tk. 5000 to

head of affected households.

b. Training and credit facilities under

income generation program (IGP).

c. Employment in the project construction

work, if available.

Poverty reduction

measures and

development

9. Displaced

community

structure

Community

structure on the

project right of

way

Community

representative identified

by concerned DC

and/or SES

a. Cash compensation under law (CCL) to

be determined by DC and 50% premium.


market value of structure to be determined

by PVAT after CCL and 50% premium if

lower than the replacement market value.

c. Transfer grant equivalent to 5% of the

assessed value of structure by PVAT.

d. Dismantling and reconstruction cash

assistance as assessed by PVAT

Restoration of

community structure for

common benefits


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considering the CCL for concerned land

and structure.

10. Access to

community/ civic

facilities at

relocated sites

All households on

the ROW if they

relocate in group

Households identified

by SES/joint verification

a. Community infrastructure facilities,

access roads, plantation, tube-wells,

sanitary latrines and drainage.

Development of cluster

settlements assisted by

EA to ease host-guest

relation

11. Project

induced erosion

of accreted land

Charland if erodes

due to the project

within 2 years of

its completion

Owners/ occupiers of

eroded char land

a. Market value of concerned land

assessed by PVAT to the owner-occupied

land by 100 per cent or

b. Share it 50-50 among owners and

occupiers for non-owner occupied land.

Project benefit shared

to every impactees

12. Unforeseen

impact

Any impact

recognized at the

final design stage

Concerned impactees a. Determined as per policy on unique

findings at detailed design stage.

No impact is left un-

mitigated.


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Procedure for RP Preparation and Implementation

1.1 General

14. Resettlement Plans will be prepared during the preparation stage of the further integrated water management plans and feasibility studies of the further selected subprojects. The TA consultants attached to the loan (currently valued at $5.1 million for capacity strengthening and project management) will prepare RPs for the additional subprojects. These RPs will be reviewed by the BWDB and submitted to ADB for review and approval. If impacts on indigenous people are identified then an IPDP must also be prepared according to ADB guidelines. It is important that consultants preparing the RPs are familiar with ADB’s requirements in order to comply with its policy on involuntary resettlement. The RP prepared for the sample sub-project will be used as a model for the preparation of subsequent RPs. The RP must comply with ADB’s policy on involuntary resettlement and other social safeguard policies; including consultation with people affected which will provide local insights in establishing safety net mechanism.

1.2 Socioeconomic Information

15. Resettlement Plans will be prepared with the assistance of TA consultants for each sub-project based on these RF. For future sub-projects, as per preliminary design, BWDB with the help of the resettlement specialists with the TA consultants will undertake, sub-contracting an experienced firm, social surveys including a full census of the households and physical establishments requiring relocation, agricultural land survey on 20% sample plots and detailed socio-economic survey of 20% of the households to be relocated and to be affected with land and other establishments and generate loss inventory and gender disaggregated database. The socioeconomic survey will establish baseline information on household incomes, occupational and livelihood patterns, resettlement needs/responses, social organization, community organization and cultural parameters in the sub-project area. The social surveys would entail interviews with the affected community about the socioeconomic characteristics of their area. The consultant will also conduct Participatory Rapid Appraisal (PRA) including focus group discussions (FGDs) in the subproject areas and obtain views of the key stakeholders on the proposed interventions for improved water management and consequent resettlement needs. Also identify those who might experience indirect and secondary impacts of the subprojects and any vulnerable groups who might require special attention during project implementation.

16. During the process, BWDB with the assistance of TA consultants will ensure that appropriate entitlements and mitigation measure are established in the RPs in accordance with the RF. If the impact is significant, i.e. number of people physically displaced or losing 10% or more of their income is 200 or more - a full resettlement plan will be prepared for project preparation. If the impact is insignificant, less than 200 persons, a short resettlement plan will be sufficient for the purpose. If no involuntary resettlement effects are foreseen, no resettlement plan will be prepared6. Detailed terms of reference, approved by the ADB, will be given to the consultants to ensure that RPs meet the ADB’s policy requirements. The TA consultants will also assist BWDB in assessment of cash value of land and the physical structures under acquisition.

6 Asian Development Bank, Involuntary Resettlement - Operations Manual, Section F2/OP, page 5: 29 October

2003.


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1.3 Gender Impact and Mitigative Measures

17. The social surveys should adequately identify gender role in the production system both in the farm and other nonagricultural activities. Since legal ownership of land does not reflect gender compliance in case of spouses, sufficient measures should be included in the resettlement plans to ensure their rights and social safety. The measures should include the following;

i) Identify the socioeconomic condition, needs, and priorities of women, and monitor and evaluate the impact of land acquisition and resettlement on women separately.

ii) Identify the female headed households to be affected and set entitlement criteria to recognize female-headed households;

iii) Provide such entitlements that women are not disadvantaged by the process of land acquisition and resettlement;

iv) Provide resources in kind (land, structure, etc.) in the name of both spouses of the to be affected households;

v) Employ female staff with the resettlement agency and assist women in all kinds of resettlement activities, including planning and implementation of income restoration programs;

vi) Involve women's groups in resettlement planning, management, and operations and in job creation and income generation.

1.4 Information Dissemination, Consultation, Participatory Approaches and Disclosures Requirements

18. Consultation and communication with the affected persons and other stakeholders during preparation stage of the subprojects will be an integral part of the process of gathering relevant data for impact assessment, and facilitates the development of appropriate options for resettlement of the affected people. The main theme and scope of the resettlement framework will be disclosed to the affected community in Bangla through personal contact, focus groups discussions, and consultation following a written snapshots of the same during carrying out social surveys to obtain their views of the affected persons and other stakeholders on the compensation and resettlement provisions as per GOB laws and ADB guidelines on involuntary resettlement. The contribution of the affected people and beneficiary groups will essentially be included in the RPs for the subprojects as admissible to the law and the ADB guidelines.

19. Information sharing, consultation with APs and other stakeholders, and active involvement of APs in planning, management, monitoring and evaluation of resettlement implementation will be facilitated in the consultative process. Focus group discussion and public consultation will be used for planning purposes and various resettlement committees will be formed and activated during implementation of the RPs and their monitoring and evaluation. Grievance Redress Committees (GRCs) processing grievances on compensation and resettlement issues and Resettlement Advisory Committee (RACs) advising on smooth operation of RP implementation will include affected people and local leaders like LGI representatives, teachers, imams, knowledgeable persons, headmen etc. from both men and women. The GRC, RAC as well as the JVT and PVAT will be formed (through gazette notification from MOWR) and activated during land acquisition process to allow APs sufficient time to lodge complaints and safeguard their recognized interests. The resettlement activities of the Project will be carried out in consultation with the APs and all efforts will be made to minimize disruption during project implementation. APs preferences will be taken into account in the selection of alternative relocation sites.


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20. The resettlement plans will be summarized in an information booklet in local language (Bangla) and disclosed to the affected people after the cut-off date is established. In addition, the RP provisions will be explained to the APs in group discussions, personal contact and community level meetings. The full RP will be published in the ADB IR website after project approval.

21. Cooperation from all concerned, local institutions or organizations like NGOs, women groups and community-based organizations will be sought for smooth functioning of the RP implementation. However, experienced NGOs will be hired for implementation of the RPs.

1.5 Grievance Redress Mechanisms

22. Upon clearance of land acquisition proposal by Deputy Commissioner or Ministry of Land, a Grievance Redress Committees (GRC) at union level will be formed through gazette notification from the Ministry of Water Resources (MOWR) with the subproject management office (SMO) resettlement coordinator (RC) of BWDB in the chair, representative of the implementing NGO as member secretary, representatives of the project affected persons including women and representatives of the union parishad as members. The BWDB will constitute the GRCs immediately after placement of RP implementing NGO.

23. The GRCs will be activated with power to resolve resettlement and compensation issues not to be addressed under legal suit in the courts. The GRCs will receive grievance cases from the affected persons (APs) through the implementing NGO. The NGO will public procedure and jurisdiction of the GRCs through individual contact, village consultation meetings and distribution of booklets. Through public consultations, the APs will be informed that they have a right to grievance redress from the BWDB. The NGO will assist the APs in lodging their resettlement complaints in a proper format acceptable to the GRCs after they get ID cards from the SMO or informed about their entitlements and losses. All complaints from the APs will be received at the office of the NGO, the member secretary of the GRCs with a copy to the union parishad representative. The representative of the NGO in the GRCs upon receipt of complaints will organize a GRC hearing session from the complainants. The GRC will review the proceedings and pass verdicts to convey to the concerned AP through the NGO. If there are such matters relating to arbitration through the courts, the matter will be referred to the court. The GRC will settle the disputes within 15 days of receiving the complaints from the APs.

1.6 Compensation, Relocation and Income Restoration

24. The BWDB, upon approval of the project from ADB and GOB, and finalization of the detailed design and the RPs, will prepare land acquisition proposal (LAP) through SMOs with the help of the TA consultants and submit to the respective DCs for proceeding land acquisition. During preparation of the LAP, the TA consultants will assist BWDB in assessing market price of land taping formal data from the sub-registrars' offices and informal data through formal community consultation in presence of the elected representatives of Union Parishads, SMOs and PMO level executive engineers. The recorded price from sub-registrar's office will be collected in a pre-designed format certified by the sub-registrars concerned. The SMOs will produce the LAP along with the certified land transaction data with the period of transactions and a request to review while fixing price of land. The BWDB representative at the SMOs should also accompany representative from the TA consultants in Joint Verification and Price fixation process by the Deputy Commissioners.

25. The legally constituted (gazette notification form MOWR) Property Valuation Advisory Team (PVAT) having representatives from BWDB, DC and RP implementing


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NGO will determine replacement market price of land, structure and tree. The implementing NGO will carry out necessary assessment as per methodology set by the PVAT and the PVAT will recommend concerned replacement price for approval from the BWDB. Such recommendation will ensure replacement price of land and property at current market value. However, income compensation will be determined through social surveys and consultation at the stage of preparing the sub-project and its resettlement plan.

26. The framework also endorses an income restoration strategy for vulnerable APs including squatters ('informal settlers') irrespective of legal titles to affected property. In addition to income restoration cash assistance, the RPs will include opportunities for occupational skill development training on identified income generation activities (IGAs) followed by micro-credit facilitated under project sponsored income generation program (IGP). AP preferences for IGAs and their market demand will be assessed prior to designing income restoration plan for the eligible APs. The people involuntarily displaced from their homes, assets, or income sources as well as non-titled people affected by the project will receive priority access to this IGP. Business losers will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of their client base. Households displaced due to the projects will be eligible for income restoration assistance.

1.7 Resettlement Budget and Financing

27. The land acquisition and resettlement budget would include all costs for acquisition of assets and costs associated with involuntary resettlement. The TA consultants will assess, through social appraisal as per preliminary design of subprojects, the losses and disturbances, determine their compensation at market value and prepare land acquisition and resettlement cost estimate including physical contingencies. The EA will further determine replacement price of land and other property under acquisition for the sub-projects through the PVAT after placement of RP implementing NGO. The entire amount for land acquisition, resettlement and, rehabilitation and training is estimated to be Tk. 226.12 million with 10% contingencies that consists Tk. 126.3 million for land acquisition, Tk. 47.2 million for resettlement, and Tk. 19.4 million for rehabilitation and training to the APs.7

28. The Government of Bangladesh will provide the entire fund for land acquisition and resettlement. The cost of rehabilitation and training will be provided from the Asian Development Bank. The fund for land acquisition will be disbursed through the DC office. The estimate for land acquisition by the DCs will be prepared by his/her LA section and placed to the PMO, BWDB for transfer of the fund to the account of the DCs. The additional benefits as per the framework will be paid directly by the EA through Implementing NGO. However, the NGOs will assess the quantity of losses and the eligible persons for resettlement benefits and produce a resettlement budget to BWDB for approval and periodic release. The rehabilitation and training to the potential affected persons will be provided through implementing NGOs based on vulnerability and needs assessed through a special census and consultation exercise.

29. The PMO would ensure that the Land acquisition and resettlement budgets are delivered on time to the DCs and the implementing NGOs for timely implementation of the RPs. BWDB will also ensure that the RPs should be submitted to ADB for approval, and that fund for compensation and entitlement under the RPs are fully provided to APs prior to the award of the civil work contract.

7 Table 204: Land Acquisition and Resettlement Cost Estimate and Financing, SAIWRPMP, Bangladesh, an

estimate by Asian Development Bank.


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1.8 Implementation Schedule

30. The IWRM plans and feasibility studies including RPs for additional subprojects will be prepared during the first 2 years of the Project implementation, following which subprojects will be implemented in the following 5 years. The infrastructure works will be implemented in years 4-5 (after institutional strengthening and detailed design in year 3), and RPs will be implemented before the start of the physical works. However, the implementation schedule will be prepared considering these and possible changes of events during the project implementation period after detailed design of respective subprojects.

1.9 Monitoring and Evaluation

31. The Bangladesh Water Development Board (the EA) through the Project Director, PMO, will establish a monitoring system involving the CRO, RC, TA consultants and NGOs for collection, analysis, reporting and use of information about the progress of resettlement, based on the RPs. These stakeholders will be made responsible to monitor the progress of all aspects of land acquisition/ resettlement and income generation program. The EA will report to the ADB on land acquisition, resettlement and income generation program in the quarterly reports, including identification of significant issues. Besides, an annual report stipulating all efforts and outcome will be sought by the ADB from the BWDB.

32. The RP implementation monitoring will be done both internally and externally to provide feedback to BWDB and to assess the effectiveness. Mid-term reviews of the resettlement activities drawing upon monitoring and evaluation reports and other relevant data to identify any action needed to improve resettlement performance or respond to the changing circumstances. Evaluation of the resettlement activities will be resorted to during and after implementation of the RPs to assess whether the resettlement objectives were appropriate and whether they were met, specifically, whether livelihoods and living standards have been restored or enhanced. The evaluation will also assess resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement planning.

1.9.1 Internal Monitoring

33. The internal monitoring of progress of RP will be carried out by PMO involving the resettlement unit (RU) within it. The chief resettlement officer (CRO), assisted by the field staff at SMOs and implementing NGOs, will establish a monthly monitoring system and prepare monthly progress reports on all aspects of implementation of the RPs. The benchmark data for project level monitoring will come from database created during initial census and surveys and periodic surveys will be carried out to measure changes against the baseline data as per the monitoring indicators.

34. The Project Director, PMO assisted by the field executive engineer(s) at the sub-project level, the NGOs and TA consultants (Resettlement Specialists) will monitor such issues relating to land acquisition and resettlement as indicated in Table 0-1. Monitoring and review of quantitative information on land acquisition and resettlement will be done through automated software (computerized management information system) developed by RP implementing NGOs and installed and operated at SMOs and NGO field offices.


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Table 0-1: Potential Monitoring Indicators

Monitoring Issues Monitoring Indicators

Budget and Timeframe Have all land acquisition and resettlement staff been appointed and mobilized for field and office work on schedule? Have capacity building and training activities been completed on schedule? Are resettlement implementation activities being achieved against agreed implementation plan? Are funds for resettlement being allocated to resettlement agencies on time? Have resettlement offices received the scheduled funds? Have funds been disbursed according to RPs? Has all land been acquired and occupied in time for project implementation?

Delivery of AP Entitlements Have all APs received entitlements according to numbers and categories of loss set out in the entitlement matrix? Have APs received payment on time? Have all APs received agreed resettlement benefits as per schedule of payment? How many affected households have received land titles? How many affected households relocated and built their new structure at new location? How many APs are being able to purchase replacement land (homestead and agriculture)? Are APs able to access schools, health services, cultural sites and activities? Are income and livelihood restoration activities being implemented as planned? Have affected businesses received entitlements? Have the APs losing their eroded land received proper compensation? Have the squatters, encroachers of khas land or BWDB land displaced due to the project been compensated? Have the community structures are compensated and rebuilt at new site? Are host communities sufficiently assisted for civic amenities where necessary?

Consultation, Grievances and Special Issues

Have resettlement information brochures/leaflets been prepared and distributed? Have consultations taken place as scheduled including meetings, groups, community activities? How many APs know their entitlements? How many know if they have been received? Have any APs used the grievance redress procedures? What were the outcomes? Have conflicts been resolved?

Benefit Monitoring What changes have occurred in patterns of occupation compared to the pre-project situation? What changes have occurred in income and expenditure patterns compared to pre-project situation? Have APs income kept pace with these changes? What changes have occurred for vulnerable groups?

1.9.2 External Monitoring and Evaluation

35. The Resettlement Specialists with the TA consultant will supervise and monitor the implementation of RPs for the EA. The TA consultants will sub-contract in a sufficiently experienced person as external monitor for independent monitoring and evaluation of the resettlement activities. The tasks of the external monitor will be to (i) verify results of internal monitoring; (ii) assess whether resettlement objectives have been met; specially, whether livelihoods and living standards have been restored or enhanced; (iii) assess resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement policy making and planning; and (iv) ascertain whether the resettlement entitlements were appropriate to meeting the objectives, and whether the objectives were suited to APs conditions. The external monitor will design and adopt such methods and tools (household survey, PRAs, etc.) for data collection facilitating a comparable database of "before" and "after" resettlement conditions. The RPs will set out a Terms of Reference for the external monitor.8

8 Asian Development Bank, Handbook on Resettlement - 1998, Box 9.1, pp -81


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Table 0-2: Indicators for External Monitoring and Evaluation

Monitoring Indicators Basis for Indicators

Basic Information on AP

Households

Location

Composition and structure, ages, educational and skill levels

Gender of household heads

Ethnic households

Access to health, education, utilities and other social services

Housing type

Land and other resource owning and using pattern

Occupations and employment patterns

Income sources and levels

Agricultural production data

Value of assets forming compensation and resettlement benefits

Reconstruction of living

standards

Were house compensation made free of depreciation, fees or transfer costs to the APs?

Have APs achieved replacement of key social and cultural elements?

Reconstruction of livelihoods Were compensation payments free of deductions for depreciation, fees or transfer cost to

the APs?

Were compensation payments sufficient to replace lost assets?

Was sufficient replacement land available of suitable standards?

If costs were involved, did the transfer and relocation payments cover these costs?

Was the income substitution payment sufficient for the period of transition?

Have the commercial enterprises affected received sufficient compensation and re-

established them?

Have vulnerable groups been provided effective income earning opportunities?

Have the vulnerable APs provided with jobs in project civil works?

Levels of AP satisfaction How much do APs know about resettlement procedures and entitlements? Do APs know

their entitlements?

Do the APs know if these have been met?

How do APs assess the extent to which their own living standards and livelihoods have

been restored?

How much do APs know about grievance procedures and conflict resolution procedures?

Effectiveness of Resettlement

Planning

Were the APs and their assets correctly enumerated?

Was any land speculators assisted?

Was the time frame and budget sufficient to meet objectives?

Were entitlements too generous?

Were vulnerable groups identified and assisted?

How did resettlement implementers deal with unforeseen problems?

Other Impacts Were there unintended environmental impacts?

Were there unintended impacts on employment or incomes?

36. The Resettlement Specialists within the project TA will conduct periodic review and supervision mission during the implementation stage. In addition to regular review missions, ADB will undertake Mid-Term comprehensive review of the RP implementation. A post-evaluation of RP activities will be carried out by ADB to assess the resettlement impact in terms of adequacy and deficiency in planning and R&R operations.


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Implementation Arrangements

37. The BWDB has the overall coordination, planning, implementation and financing responsibilities of resettlement tasks. The BWDB has experience of implementing a number of externally assisted water management projects having resettlement component. The BWDB, though familiar with involuntary resettlement, lacks sufficient manpower strength with required skills and capacity for identification, contracting, monitoring and supervision of involuntary resettlement work. It is not possible to enhance manpower and capacity strengths of BWDB for periods of particular projects to oversea the resettlement tasks. The BWDB will therefore involve resettlement specialists within the TA as well as experienced NGOs for implementation of the RPs with clearly defined scope/tasks, including income restoration program. The BWDB will also appoint an external monitor through the TA for independent monitoring, review and evaluation of the resettlement and rehabilitation (R&R) operations for the subprojects.

1.10 Project Management Office, BWDB

38. The BWDB will implement the RPs through setting up of a Resettlement Unit (RU) within the Project Management Office (PMO) to be established for this project. The RU, under the overall responsibility of the PD, will undertake day-to-day activities with appointed NGOs and consultants. The RU will employ at the PMO one senior official of the BWDB of the rank of senior executive engineer as Chief Resettlement Officer (CRO) who will supervise the implementation work supported by the TA. At the field level, a resettlement coordinator (RC) will be assigned in the subproject management offices (SMOs) of the rank of executive engineer or senior sub-divisional engineer to undertake day-to-day activities with the appointed NGOs. The subproject level superintending engineers will provide the RCs necessary administrative support to implement the RPs.

39. The PD will ensure the land acquisition with assistance from district administrations and the CRO. The project, however, will arrange capacity enhancement training of BWDB staff on R&R operations after their deployment through the TA consultants. The appointed NGOs will open field offices, carry out information campaign and involve affected persons including women, in the implementation process from the very beginning. Organization of the RP implementation framework will be as shown in figure 4.1.

1.11 The Acquiring Body

40. The Deputy Commissioners have the power to acquire land and to assess compensation of properties thus acquired. The 1982 Ordinance provides the power to the DC, who conducts the acquisition through the land administration office (LAO) of the district. The LAO (or his officers) along with BWDB and NGO staff will conduct joint physical verification of property on the land in accordance with the Land Acquisition Proposal (LAP) to be submitted by BWDB as soon as the detailed design and alignments for the subprojects will be available. The DC offices are responsible for the entire acquisition process from notification to affected households to award of compensation to owners of properties and payments of compensation. BWDB/NGOs shall liaise with concerned DC offices to complete the land acquisition process in a timely fashion.


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1.12 TA Consultants

41. There will be provision for (i) one international resettlement specialist, (ii) one local resettlement specialist attached with the project's TA consultants. The resettlement specialists will provide technical support to BWDB and supervise and review the field activities of the RP implementing NGOs in collaboration with the subproject management offices. The TA consultants will subcontract an experienced resettlement monitoring and evaluation specialist for independent monitoring, review and evaluation of the R&R operations.

1.13 RP Implementing NGOs

42. BWDB will employ experienced NGOs for implementation of the RPs in the field level in coordination with the DC, BWDB and TA consultant. The EA will contract out clearly defined tasks of the RPs in detailed Terms of Reference such as consultation /public information campaign, issuance of ID cards, payment of eligible benefits to beneficiary households/ individuals, institutional development, skill training and micro-credit /management training, community awareness and empowerment, etc. The consultants preparing subproject RPs will also prepare and attach detailed Terms of Reference for RP implementing NGOs.

1.14 Resettlement Implementation Committees/Teams

43. The Ministry of Water Resources (MOWR), through a gazette notification, will form various committees/teams for implementation of the RP at the field level. The implementing NGO will work as member secretary for all the committees/teams involving representatives from DC, BWDB, local government institutions (LGIs) and APs as the case may be. These committees/teams will ensure stakeholders' participation and uphold the interest of the vulnerable APs. The powers and jurisdictions of the committees will be clearly defined in the gazette notification. The implementing agency/NGO will form resettlement advisory committee (RAC) to involve the local communities and APs in the implementation process.

1.14.1 Joint Verification Teams

44. The MOWR will form a joint verification team (JVT) for the sub-project through a gazette notification to compare and review the physical verification data conducted by Implementing NGO with the DCs' assessment of loss of physical assets and their owners. The scope and responsibility of the JVT will be clearly defined in the gazette. The Implementing NGO will process the entitlements of the project-affected persons using the JVT data as one of the determinants. The JVT will be a three-member body and be comprised as

a) Executive Engineer /RC, SMOs – Chairman;

b) LAO or his/her designated representative of concerned district – member;

c) Area Manager of RP Implementing NGO, member secretary.


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Figure 4.1: RP Implementation Organization

Project Director Project Management Office BWDB, HQ

Resettlement Specialists TA Consultant

External Monitor (LA&R)

LA Section DC Office

Chief Resettlement Officer Senior Executive Engineer

Sub-Project Director Superintending Engineer Jessore O&M Circle

Resettlement Coordinator Executive Engineer/Senior Subdivisional Engineer, SMOs

Team Leader Implementing NGO

Subdivisional Engineer

Database Manager Computer Programmer

Deputy Team Leader

RAC

Area Manager

LGI Representative

JVT/PVAT

GRC Representative of

APs & Women

1.14.2 Property Valuation Advisory Teams

45. A Property Valuation Advisory Team (PVAT) will be formed by the MOWR through a gazette notification. The PVAT will review the assessment of the implementing NGO on the market price of land and other property affected by the project at their replacement cost. The scope and responsibility of the PVAT will clearly be defined in the gazette. The Implementing NGO will process the entitlements of the project-affected persons using the PVAT data as one of the determinants. The PVAT will be a three-member body and be comprised as

a) Executive Engineer /RC, SMOs – Chairman;

b) LAO or his/her designated representative of concerned district – member;


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c) Area Manager of RP Implementing NGO, member secretary.

1.14.3 Grievance Redress Committees

46. Grievances Redress Committees (GRCs) will be formed at union level for any grievances involving resettlement benefits, relocation, and other assistance. A gazette notification on the formation and scope of the GRCs will be required from the MOWR. The GRC for each union will be comprised as

1) Executive Engineer /RC, SMOs – Chairman;

2) Area Manager of RP Implementing NGO, member secretary.

3) UP Chairman /Member - member.

4) One women UP member - member.

5) One representative of APs - member

1.14.4 Resettlement Advisory Committees

47. The implementing NGO will form Resettlement Advisory Committees (RACs) at subproject level to involve the local communities and APs in the implementation process. The RACs will be comprised of BWDB representative as the char, the implementing NGO as member secretary and representatives of various stakeholders in the respective area. The committees will seek local inputs from the affected people and communities in the implementation process and assist the implementing agency in all matters related to resettlement. The RACs will ensure local participation in the implementation of the resettlement plan.

1.15 RP Implementation Guidelines

48. The BWDB does not have any set codified rules for payment of grants to the Entitled Persons (EPs) for resettlement of project-affected persons. Under the circumstances, a detailed RP implementation guideline (payment modality) will be required to implement the RPs at the field level. Both the BWDB and the RP implementing NGOs will follow the payment modality after its approval from the Project Director (PD), Southwest Area Integrated Water Resources Planning and Management Project. The TA consultants (resettlement specialists) will prepare the guidelines and the PD at PMO will approve it for adopting. The modality should include definition of various resettlement terms, the entitlements, detailed procedure for identification of eligible persons for resettlement entitlements of the RPs, assess loss and entitlement of individual EPs, process payments, effecting their disbursement and documentation.

Documents

SOUTHWEST AREA INTEGRATED WATER RESOURCES PLANNING …southwest.bwdb.gov.bd/files/report/099e6a3604b458f4559312904e6… · FCE-Afra Flood Control Embankment on Afra Right Bank FCE-Gobra