resettlement plan project number: 39295-038

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Resettlement Plan Project number: 39295-038 May 2018 BAN: Third Urban Governance and Infrastructure Improvement (Sector) Project (UGIIP-III) - Chapai Nawabganj Pourashava; Solid Waste Management & Sanitation Improvement Sub- Project, Phase-2 Package Nr: UGIIP-III-2/AF/CHAP/SWM+SN/01/2017 Prepared for the Local Government Engineering Department (LGED), Government of Bangladesh and Asian Development Bank

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Project, Phase-2
Prepared for the Local Government Engineering Department (LGED), Government of Bangladesh and Asian Development Bank
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.
Resettlement Plan Document stage: Draft Project number: 39295-038 May 2018
BAN: Third Urban Governance and Infrastructure Improvement (Sector) Project (UGIIP-III) -Chapai Nawabganj Pourashava; Solid Waste Management & Sanitation Improvement Sub-Project, Phase-2
Package Nr: UGIIP-III-2/AF/CHAP/SWM+SN/01/2017 Prepared for the Local Government Engineering Department (LGED), Government of Bangladesh and Asian Development Bank
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III ii
CURRENCY EQUIVALENTS (as of 30 April 2018, Bangladesh Bank)
Currency Unit = Tk.
Tk. 1.00 = $ 0.0121
$ 1.00 = Tk. 82.98
AP – Affected Person
BPL – Below Poverty Level
DC – Deputy Commissioner
EA – Executing Agency
GICD – Governance Improvement and Capacity Development
GRC – Grievance Redressal Cell
GRM – Grievance Redress Mechanism
IR – Involuntary Resettlement
MDSC – Management Design and Supervision Consultants
MoLGRD&C – Ministry of Local Government, Rural Development and Cooperatives
OHT – Over Head Tank
PDB – Power Development Board
PIU – Project Implementation Unit
PMU – Project Management Unit
ROW – Right of Way
SEC – Small Ethnic Communities
SLF – Sanitary Land Fill
SPS – Safeguard Policy Statement
SWM – Solid Waste Management
ToR – Terms of Reference
GLOSSARY OF BANGLADESHI TERMS Crore – 10 million (= 100 lakh) Ghat – Boat landing area along a river Hat, hut, or haat – Market (bazaar) operating certain after noon during the week
when sellers establish temporary shops. There are also some permanent shops in a Hat. Markets usually represent a significant source of income for municipalities
Hartal – General strike Khal – drainage ditch/canal Khas or khash – land/property belonging to government Kutcha, katchha or kacca – Structures built without bricks and mortar or without concrete Lakh or lac – 100,000 Moholla or mohalla – Sub-division of a ward Mouza map – Cadastral map of mouza showing plots and their numbers Nasiman – A3-wheeler motorized vehicle Parshad – Councilor Pourashava or Paurashava – Government-recognized land area Pucca or Puccha – Structures built partly with bricks and mortar or concrete Thana – Police station Upazila – Administrative unit below the district level
WEIGHTS AND MEASURES
(ii) BDT refers to Bangladeshi Taka
This Resettlement Report (RP) 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.
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III iv
PREFACE
The premises of this Resettlement Report (RP) are the MDS Consultant services presentation of an analysis of data and conclusions, together with its appendices. While MDS consultants have been deputed to assist the Pourashava/Executing Agency (EA) for the preparation of the RP, the responsibility and ownership of the RP rest with the EA.
The key elements of the Resettlement Report focus on: Compliance Guidelines of Social Safeguards according to ADB and GoB policy.
DISCLAIMER
This Resettlement Report (RP) of Chapai Nawabganj Pourashava for Solid Waste Management Sub-project under Third Urban Governance and Infrastructure Improvement (Sector) Project (UGIIP-III) has been prepared under the guidance of Team Leader and Deputy Team Leader of MDS consultant. Data using to prepare this Resettlement Report (RP) have been collected by the respective experts of MDS consultant through intensive field visit. Relevant information and documents have also been collected from concern offices and the Pourashava Development Plan (PDP). Moreover, information has been collected from the Pourashava personnel over telephone. If any information or data or any other things coincide with other project documents that are beyond our knowledge and fully coincidental event we apologize for that.
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III v
I. EXECUTIVE SUMMARY
1. Cities in Bangladesh are growing at an unprecedented speed. Bangladesh’s urban population has grown rapidly. Rapid urbanization, while improving economic productivity through agglomeration benefits, is placing severe strains on the natural environment and is fuelling demand for urban infrastructure and services. One principal cause of such rapid growth is the presence of better opportunities spanning economic, communication, education, health and other social aspects in the urban areas. It is worth noting that by one account, in countries of Bangladesh’s standing, around 55-60% of a country’s aggregate economic activities takes place within the urban confines. So, Government of Bangladesh has given emphasis in developing the secondary towns (municipalities; called Pourashavas) to create infrastructure facilities and to improve living conditions of the urban dwellers.
2. With the aim of development of dumping places/sanitary landfills in Phase-2, Chapai Nawabganj Pourashava under UGIIP-III (Window A) has proposed land acquisition for the Solid Waste Management (SWM) sub-project. Presently all the towns under the project collect waste from door-to-door and from roadside bins, are carried by dump truck to the uncontrolled landfill sites. Proposed landfill sites have been visited by the SWM Consultant to assess the possible social and environmental impacts and to suggest mitigation measures. Detailed separate reports have been submitted to PMU.
3. Solid Waste Management & Sanitation Improvement sub-project under Third Urban Governance and Infrastructure Improvement (Sector) Project financed by Asian Development Bank (ADB), OFID and Bangladesh Government is expected to bring various quantifiable benefits for the citizens of the Chapai Nawabganj Pourashava. SWM sub-project will improve the health condition of the urban people, the air and water quality of the urban area will be improved, the emission of carbon dioxide gas will be controlled which will bring new life for livelihood and consequently familial and social activities will be increased which will boost up economic development. Extended benefits will create employment opportunity for local people by constructing and maintaining of the SWM sub-project. Outcome of the sub-project will be improved Solid Waste Management system which will be environmentally friendly, hygienically sound and will satisfy the “National 3R Strategy for Waste Management.” The system will include collecting, transportation and disposal of solid waste according to pre-selected procedures. Implementation of the sub-project will provide improved facilities for disposal of solid waste and faecal sludge treatment, increased service coverage to the citizens of core areas including industries and commercial premises, etc and increased revenue for the Pourashava.
4. The SWM sub-project is category B, as land acquisition is involved. Bangladesh Government through relevant ministry and office of Deputy Commissioners has been accomplishing acquisition of land for implementing solid waste management sub-project for the Pourashavas. Like other project Pourashavas, Chapai Nawabganj Pourashava do not have enough land for implementing the proposed SWM sub-project, it required acquisition/purchase the land. Deputy Commissioner’s office of Chapai Nawabganj acquired the land in favour of Chapai Nawabganj Pourashava. Land acquisition process was started in March 12, 2015 and completed in November 01, 2017. The land measuring 4.01 acres situated at Mouza: Dariapur, J. L. no: 95, Chapai Nawabganj Pourashava, District: Chapai Nawabganj had been acquired in accordance with the Acquisition and Requisition of Immovable Property Ordinance 02/1982. Having acquired the land DC, Chapai Nawabganj transferred the land to Chapai Nawabganj Pourashava.
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III vi
5. As acquisition of any site was in anticipation of ADB project funding is taken place, RP is to be prepared. When social safeguard team of MDSC has visited PIU for preparing RP, they found the land acquisition process has done. Pourashavas chose the land not only considering the social and environmental criteria but also willingness for selling land by the land owners. The acquired land for SWM sub-project of Chapai Nawabganj Pourashava is a cropping land was owned by general people. Land ownership, or, land acquisition for each site (e.g. landfill/FSM/public toilet/transfer stations) are clearly mention in the reports whether acquired or donation or in Pourashavas’ possession. No coercion is taken place to acquire the land. A lengthy and time consuming procedure has been followed for land acquisition by office of the Deputy Commissioner. There are no objections recorded or found from the APs. Land values were determined by a committee headed by Deputy Commissioner (DC), Chapai Nawabganj where Mayor, Chapai Nawabganj Pourashava, was a member. As per decision of the committee and rules (ARIPO, 1982), compensation were made to the affected persons. After maintaining all these formalities, the land was handed over by the Deputy Commissioner (DC) to the Chapai Nawabganj Pourashava for undertaking development works. Deed of Possession (Dhakal Nama) and Mouza Map are attached in Appendix-6 and Appendix-7.
6. A Property Valuation Advisory Committee (PVAC) consists of 3 neutral members was formed on December 19, 2017 by the Chapai Nawabganj Pourashava in order to investigate & verify the price received by the APs against their properties. Property Valuation Advisory Committee (PVAC) after collecting the information physically in the field level came to the decision that the affected persons received prices against their lands which are higher than the market price. The Committee certified on Dec 21, 2017. They (APs) are pleased to receive this price and have no complaints whatsoever in this regard.
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III vii
TABLE OF CONTENTS
III. SUB-PROJECT DESCRIPTION .................................................................................................................. 10
B. PROPOSED COMPONENTS UNDER UGIIP-III .................................................................................................... 11 C. PROPOSED LANDFILL SITE ............................................................................................................................ 12
IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION .................................................... 18
V. GRIEVANCE REDRESS MECHANISMS ..................................................................................................... 20
VI. POLICY & LEGAL FRAMEWORK .............................................................................................................. 22
VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS ......................................................................................... 28
A. TYPES OF LOSSES AND AFFECTED PERSON (AP) CATEGORY .................................................................................... 28 B. PRINCIPLES, LEGAL, AND POLICY COMMITMENTS ................................................................................................. 28 C. ENTITLEMENTS ........................................................................................................................................... 29
VIII. LAND ACQUISITION AND RESETTLEMENT .............................................................................................. 38
X. SOCIOECONOMIC INFORMATION OF THE APS ...................................................................................... 43
XI. RESETTLEMENT BUDGET AND FINANCING PLAN ................................................................................... 43
Unit Costs ........................................................................................................................................................ 43
XIX. APPENDIX-3: INDIGENOUS PEOPLE/SMALL ETHNIC COMMUNITIES (SEC) IMPACTS .............................. 62
A. INTRODUCTION: ......................................................................................................................................... 62 B. INFORMATION ON PROJECT/SUB-PROJECT/COMPONENT: ................................................................................... 62 C. SCREENING QUESTIONS FOR INDIGENOUS PEOPLE/SEC IMPACT: ......................................................................... 62
D. INDIGENOUS PEOPLE/SEC IMPACT: ............................................................................................................... 63
XX. APPENDIX-4: SAMPLE GRIEVANCE REGISTRATION FORM (ENGLISH) ..................................................... 64
XXI. APPENDIX-5: VERIFICATION OF POURASHAVA OWNERSHIP ................................................................. 66
XXII. APPENDIX-6: DEED OF POSSESSION (DHAKAL NAMA) OF THE ACQUIRED LAND ................................... 67
XXIII. TRANSLATION OF THE POSSESSION CERTIFICATE .................................................................................. 68
XXIV. APPENDIX-7: MOUZA MAP OF THE ACQUIRED LAND ............................................................................ 69
XXV. APPENDIX-8: CERTIFICATION BY THE PVAC ........................................................................................... 70
XXVI. TRANSLATION OF CERTIFICATION OF PVAC ........................................................................................... 71
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III viii
List of Tables: Table-1: Existing manpower in conservancy section .......................................................................................... 11 Table-2: Comparison of ARIPO-1982 and ADB SPS, 2009 ................................................................................... 24 Table-3: Entitlement Matrix ............................................................................................................................... 30 Table-4: Status of Land Acquisition .................................................................................................................... 39 Table-5: Committee of Determining Land Value ................................................................................................ 39 Table-6: Details of the Affected Persons ............................................................................................................ 40 Table-7: Indicative Cost for RP Implementation ................................................................................................. 44
List of Figures: Figure-1: Locations of UGIIP-III Pourashavas in Bangladesh Map ....................................................................... 14 Figure-2: Map showing the location of sanitary landfill & FSTP site ................................................................... 15 Figure-3: Map Showing the Locations of Public Toilets ...................................................................................... 16 Figure-4: Locations of proposed sanitary landfill site on Google Map ................................................................ 17
Figure-5: Project Grievance Redress Mechanism ............................................................................................... 21
9
II. INTRODUCTION
A. Background
7. In the past, unplanned urbanization led to negative externalities and suboptimal economic and development outcomes in Bangladesh. Inadequate infrastructure, poor urban service delivery, and environmental degradation are becoming increasingly evident as a result of ineffective urban planning, low urban infrastructure investments, and uncontrolled urban growth. Pourashava is supposed to serve for ensuring public affairs and public health. By the law1 , City Corporations and Pourashavas are given the authority to ensure the provisions of roads, drains, street lights, solid waste management, overall safety and healthy environment for its dwellers. But, most of the Municipalities do not have enough fund and capacity to render necessary services for city dwellers. Considering this, the sub-project of solid waste management has been taken up under the project. The sub-project has been selected following several steps in participatory process.
8. The Government of Bangladesh is developing secondary towns to improve living standards, particularly in the poorer areas, and to provide an alternative destination for rural dwellers that would otherwise join the migration to larger metropolitan centres, through Third Urban Governance and Infrastructure Improvement (Sector) Project (UGIIP-III). UGIIP-III is being implemented as a sector loan approach. After the successful implementation of UGIIP I and II projects in the selected Pourashavas, the Local Government Engineering Department (LGED) with the financial assistance of Asian Development Bank (ADB) and OPEC Fund for International Development (OFID) has planned to implement a similar project (UGIIP-III) over a period of 7 years (2014 to 2021). Two sets of municipalities are included in the project. The first set is 31 pre-selected target Pourashavas marked as Window-A, in which full sets of support, including Solid Waste Management component is provided under the project. On the other hand, 20 Pourashavas termed as Window-B have been selected and approved for improving only roads and drains.
9. The impact of the project will be improved living environment in project towns. The outcome will be improved municipal service delivery and urban governance in project towns. UGIIP-III will improve existing infrastructure and provide new municipal infrastructures including (i) roads (ii) drainage (iii) solid waste management facilities (iv) water supply (v) sanitation (vi) municipal facilities (vii) basic services for the poor slums.
10. In accordance with Safeguard Policy Statement (SPS)-2009 of ADB requirements a Resettlement Framework (RF) was prepared. During project preparation, resettlement plans (RPs) were also prepared for 3 sample Pourashavas covering roads, drainage, kitchen market and solid waste management sub-projects. The RPs concluded that the project will have only temporary impacts and therefore, UGIIP-III has been categorized as resettlement Category-B as per ADB SPS 2009. As a basic development principle, significant resettlement impacts (Category A type project) should be avoided to the extent possible in future sub-projects. For any components, the social and resettlement assessments documents will be formulated and approved by ADB before any physical activities start. LGED will ensure that no physical displacement or economic displacement will occur until (i) compensation at full replacement cost have been paid to each displaced person, and (ii) other entitlements listed in the RPs have been provided.
11. Indigenous People (IP): There is no identified IP near by the proposed SWM sub-project of Chapai Nawabganj Pourashava and as such no IP is affected by the sub-project activity. As there is no identified indigenous people/ethnic minority (adhibasi) communities on the vicinity
1 Local government (city corporation) act 2009
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III 10
of the proposed sub-project schemes, the sub-project has no IP impact and has thus been classified as Category-C for IP.
12. The proposed SWM sub-project has IR impact and as such an RP is required to be prepared. The objective of the RP is to ensure that livelihoods and standards of living of economically displaced persons are at least restored to pre-project and that the standards of living of the displaced poor and vulnerable groups (if any) are improved. The level of detail and comprehensiveness of the RP has been commensurate with the significance of IR impacts.
13. The Resettlement Report (RP) has been prepared with a view to identify Involuntary Resettlement (IR) impact and documentation whether payment of compensation at replacement value ensured or not. The RP has been prepared based on both primary & secondary data and detailed engineering designs for the solid waste and sanitation (faecal sludge) management sub-project of Chapai Nawabganj Pourashava.
III. SUB-PROJECT DESCRIPTION
14. Location: Chapai Nawabganj Pourashava is located in the western part of Bangladesh under Rajshahi division. It is bordered by the Nachole Upazila on the northeast, Godagari Upazila on the southwest, Shibganj Upazila of Chapai Nawabganj District on the north and India on the west. The Pourashava is about 71.4 km away from Rajshahi HQ the divisional town and about 314 km away from Dhaka. Chapai Nawabganj Pourashava Bhaban is located 24°35′ North Latitude and 88°16′ East Longitude and at an elevation of 28 meters above sea level. The Pourashava is situated by the bank of river Mohananda. The area of Chapai Nawabganj Pourashava is 24.60 sq. km. and its population is (Male-127,880 & Female- 121,652) 249,532 (source: PDP). The rate of increase of population is 1.73%. The Pourashava is not flood prone however low laying area of the Pourashava become inundated due to excessive rainfall in the monsoon. The town is business centre well communicated with other part of the country with road including capital city Dhaka and Sonamasjid land port. There are some big, medium and small industries especially auto rice-mills in the town and new factories are growing rapidly. (Source: PS at a glance). The PS has a land use map and master plan. Around 38% of the land area is under cultivation, 37% land is being used as homestead for residential purpose. The rest area is business centre, industries, Government Offices, water bodies, etc.
15. Existing Waste Collection Method & Situation: Chapai Nawabganj Pourashava is collecting waste through traditional methods. The solid waste management system in the Pourashava is not satisfactory and environment friendly. The Pourashava is unable to manage the growing unmanaged solid waste due to absence of planning, insufficient infrastructure, constraint of resources, unskilled labours, lack of training, and non-availability of proper equipment and lack of proper disposal ground. In spite of that, rapid urbanization, demographic growth and economic development create an extra load on Pourashava to address this issue. In the current system, inhabitants dispose their solid waste in vacant places/ditches around their houses, crude dumping on road sides and community bins. Door to door collection service exists in very small area of the Pourashava. Currently, the door-to-door waste collection system exists in ward no-2 and partially exists in ward no-3 and 15. Most of the areas of the Pourashava do not have this facility. However, inhabitants have demand of the door to door collection service. The Pourashava collects waste from these designated points. Beside, wastes are also collected from markets, hospitals, clinics, factories, and different institutions. Informal sector is prominent in recyclable collection and recycling. No Rag-pickers was found during field visit in Chapai Nawabganj Pourashava to collect recyclable material from roadside bins or dumping site.
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III 11
16. At present, there are more than 60 fixed dustbins located in different parts of the Pourashava along with about 2 temporary secondary disposal points. The Pourashava has 4 open trucks of 3 & 5 tons capacity and 18 Tricycle Rickshaw van for waste collection. It has 4 regular staff, 3 Master Roll staff and 43 day labourers’ work on daily basis for collecting & disposing waste as well as cleaning drains in its conservancy department. The waste collection rate is 70%; approximately 11 metric tons of waste is generated per day. The following photos show the present dumping ground (owned by Pourashava) and waste lading truck. Table-1: Existing manpower in conservancy section
SL # Designation Number
01 Medical Officer 1 02 Conservancy Inspector 1 03 Number of Supervisor 4 04 Drain cleaner 20 05 Door-to-Door waste collector 12 06 Road sweeper 90 07 Truck driver 4 08 Truck helper 4 09 Truck labor 24
Total: 160
17. The Measures Taken in Selecting the Components. The sub-project went through the process of meeting the selection criteria (general and technical), environmental and social safeguard screening and conforming to the municipal infrastructure development plan (PDP). Locations and sitting of the proposed sector considered: (i) locate components on Pourashava- owned land. In future, project may be extended based on the decision of the respective Pourashava and authority. (ii) taking all possible measures in design and selection of sites to avoid resettlement impacts; if needed (iv) avoiding where possible locations that will result in destruction/disturbance to historical and cultural places/values; (v) avoiding tree-cutting where possible; and (vi) ensuring all planning and design interventions and decisions are made in consultation with beneficiaries, local communities and reflecting inputs from public consultation and disclosure for site selection. B. Proposed Components under UGIIP-III
18. The proposed sub-project (Package: UGIIP-III-2/AF/CHAP/SWM+SN/01/2017) combines SWM & Sanitation intervention in Chapai Nawabganj PS that stands included under the phase- 2 of the implementation of UGIIP III. In the current sub-project, in all, there are 1(one) sanitary landfill, and 1(one) faecal sludge treatment plant with 5 (five) m3 capacity (with a provision of future expansion). The scopes of said SWM & Sanitation interventions are briefly described below.
19. The solid waste management intervention in Chapai Nawabganj will satisfy the “National 3R Strategy for Waste Management”. The scope of the SWM sub-project is to develop a cost-effective and environmentally sound solid waste management system that is applicable for the secondary towns. This system includes collecting, transport and disposal of solid waste as per pre-selected procedure. The solid waste management system consists of procurement of the following:
Construction of sanitary landfill
Procurement of Tricycle rickshaw vans/pushcarts with tipping arrangement for HH waste collection
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III 12
Procurement of uniforms & personal protective equipment (PPE) for use by the HH waste collectors, drivers and helpers (Procured by Pourashava)
Procurement of dump truck (3 ton/1.5 ton) for waste transportation
Supply color-coded bins (three types) for source-segregation of different types of household waste and covered vans for waste collection and treatment (Procured by Pourashava).
20. Construction of Sanitary Landfill. An environmentally sound solid waste management system is a prerequisite for a model town concept. So a sanitary landfill is one of the essential components for a sound SWM system. The overall condition of solid waste management system in the Pourashava is unsatisfactory especially in the case of a medical waste management system. Improving the environmental situation by constructing waste disposal ground (sanitary landfill) found appropriate. The sanitary landfill site consists of peripheral embankment, peripheral storm drains, leachate collection system, storm drainage for removal internal ponding, landfill gas venting system, leachate treatment facilities, control room, worker & equipment room, dump truck cleaning facilities etc.
21. The Faecal Sludge Treatment Plant has been proposed in the sub-project consisting of screen chamber, planted drying bed, integrated settler with anaerobic filter and maturation pond. The screen is made of stainless or MS bar of specified size. The large and inorganic solids are trapped in this chamber. The planted drying bed is a simple permeable bed (composting of media like sand and graded gravel) that is planted with emergent macrophytes.
22. Introduction of Door-to-Door Collection and Segregation of Waste. The community based door-to-door daily waste collection system will be introduced in the Chapai Nawabganj Pourashava. The waste will be segregated at the source (household level) for its organic and inorganic constituents and will be collected separately so that the potential value of recyclable materials could be achieved. The city dwellers will have to pay a little amount as a service charge for the improved door-to-door solid waste collection. The Tricycle rickshaw van with two separate compartments will be procured to carry organic and inorganic waste from household and transfer to the temporary transfer station and/or landfill site. Litter bins will also be provided along main roads, bus stand, and other public places to avoid littering
23. Capacity Building and Community Awareness Campaign. Training of waste workers (drivers, collectors, landfill operators, etc.) and Nagorik committees will be taken place shortly under the project. Awareness raising campaigns will also be done by Chapai Nawabganj Pourashava with assistance of the consultant teams to promote the 3R.
C. Proposed Landfill Site
24. Location of Proposed Landfill Site. The proposed landfill site is situated at Dariapur of ward no-6. The place is surrounded by paddy land. The connecting road is in south side of the proposed landfill and there is no natural habitat left at this site. The sub-project site is located in the land that currently belonged to the Pourashava. There are no protected areas, wetlands, mangroves, or estuaries in or near the sub-project location. There are no forest areas within or near Chapai Nawabganj Pourashava. Sub-project component is located in Poura/Municipality area and also in the fringe area of Pourashava. The following photographs show the proposed landfill site at Chapai Nawabganj Pourashava. It is noted that the trees that is shown in the photos are laid by roadside as well as outside of the proposed landfill. These are owned by Pourashava thus no chance to affect any individuals.
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III 13
Proposed SLF & STP site
25. The Figure-1 shows the locations of UGIIP-III Pourashavas in Bangladesh map; Figure-2 shows the locations of SLF & FSTP site at Chapai Nawabganj Pourashava; Figure-3 shows the locations of public toilets sites at Chapai Nawabganj Pourashava Figure-4 shows the SLF & FSTP site on Google Map.
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III 14
Figure-1: Locations of UGIIP-III Pourashavas in Bangladesh Map
Chapai Nawabganj Pourashava
Figure-2: Map showing the location of sanitary landfill & FSTP site
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III 16
Figure-3: Map Showing the Locations of Public Toilets
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Figure-4: Locations of proposed sanitary landfill site on Google Map
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IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION
26. Consultation and Participation Plan and its mechanism have been established for addressing the requirement for public consultation and participation, including a needs assessment. The PMU, MDSC & Chapai Nawabganj Pourashava have been conducting meaningful consultation with the civil society, PAPs especially covering the poor, vulnerable, the landless, the elderly, female headed households, women and children, Indigenous Peoples, and those without legal title to land for each and every sub-project identified as having involuntary resettlement impacts. Meaningful consultation is a process that is continued throughout the project cycle from the very beginning of project to end of the project implementation among the PAPs and different stakeholders of the project. Relevant resettlement information in a timely manner, in an accessible place and in a form and language understandable to PAPs (Bengali language) and other suitable communication methods have been used if needed. 27. Stage of public consultation and disclosure with all interested and affected parties remains a continuous process throughout the project implementation, and shall include the following: Consultation activities have been accelerated by the PMU, PIU ( Chapai Nawabganj Pourashava) and consultant teams (MDSC & GICDC) to ensure that the communities are fully aware of the activities at all stages of the project implementation. During construction phase, Chapai Nawabganj Pourashava with assistance of consultant teams will conduct (i) public meetings with affected communities to discuss and plan and allow issues to be raised and addressed once construction has started; (ii) smaller-scale meetings to discuss and plan construction work with individual communities to reduce disturbance and other impacts, and to provide a mechanism through which stakeholders can participate in project monitoring and evaluation. The PIU will coordinate the schedule with the contractors and will ensure proper public consultations are held prior to start of civil works and during implementation. Documentations should be included in the social safeguards monitoring report; (III) project disclosure: (a) public information campaigns (via flyers, billboards, and local media) to explain the project to the wider city population and prepare them for disruptions they may experience once construction is underway; (b) public disclosure meetings at key project stages to inform the public of progress and future plans, and to provide copies of summary documents in local language; (c) formal disclosure of completed project reports by making copies available at convenient locations in the study areas, and informing the public of their availability; and (d) Resettlement Report and other relevant documents will be made available at public locations in the Pourashava and posted on the websites of LGED and ADB. The same information will be posted in Chapai Nawabganj Pourashava and provided to members of TLCC, WC and community. 28. The relevant information in this Resettlement Report together with following information on GRM will be translated to local language and disclosed to persons in the sub-project area. Documentation will be included during social safeguard monitoring report. The social safeguard officers (Assistant Engineer) will disclose information. 29. PIU and governance improvement and capacity building consultants (GICDC) will conduct Pourashava wise awareness campaigns to ensure that people in the sub-project area are made aware of grievance redress procedures and entitlements, and will work with the PMU and MDSC to help ensure that their grievances are redressed. 30. The social safeguard unit of MDSC for UGIIP-III further verified and checked the SWM through the questionnaire that is titled “Initial Evaluation Assessment Format”. Through this format, the team members have organized consultation with the sub-project beneficiaries and gathered feedback on the sub-project. As land acquisition has been taken place for possessing the land for implementing the SWM sub-project, it has been concluded that there is IR impact
RP on SWM, Chapai Nawabganj Pourashava, Phase-2, UGIIP-III 19
and the sub-project is classified as Category B for IR. However, transfer and registration cost of acquired land was paid to DC, Chapai Nawabganj, where the value of compensation cost was also paid to affected person. No issues/grievances/concerns of APs remain and no compensation remains to be paid. APs are highly satisfied as they received adequate money on time for their land and crops. There were no encroachers and squatters found in the proposed SWM sub-project site. For recording and documentation purposes, the following are the socio-economic information and profile of survey participants.
i. No BPLs along the proposed SWM sub-project
ii. No indigenous people (IP) along the proposed SWM sub-project.
31. There is sufficient space at the site for staging area, keeping construction equipment, and stockpiling of materials. Besides, there is no possibility of affecting any structure needing relocation by the sub-project activities as per detailed design of the SWM sub-project.
32. Ensure sustainability of operations by considering various options as practiced in Bangladesh such as considering, but not limited to public-private partnerships, NGO-led operation, or tie-up with operators of landfill site.
33. Thus, the sub-project will not affect livelihood, income or businesses during construction. Residents and businesses along the sub-project sites may experience temporary impacts such as increased noise, vibration, dust and restriction of vehicles movement during construction phase which can be mitigated through good construction practices as documented in the sub- project’s Environmental Management Plan (EMP).
34. All the above measures will be taken by the contractors during construction as per conditions included in the contract documents. The contractors shall avoid congested areas and narrow roads for carrying construction materials and equipment to site and schedule transportation to avoid peak traffic period on the landfill site to minimize disturbances. The contractors shall also maintain vehicles and construction machinery and prohibit the use of air horns in settlement areas. Thus impacts during construction phase can be mitigated through good construction practices as documented in the sub-project’s initial environmental examination report and Environmental Management Plan (EMP).
35. During civil works nearby residents and different persons carrying out different economic activities particularly near the landfill might face temporary disturbances. The local inhabitants wanted an assurance that the landfill site and the compost plant together with the waste collection system will not spread bad odour, which leads to public nuisance. In order to avoid minor disturbances during the construction activities, the following measures are suggested to mitigate such impacts: Informing all the residents, local households and traders about the nature and duration of
works in advance, so that they can make necessary preparation to face the situation. Providing wooden walkways/ plank across trenches for pedestrians and metal sheets
where vehicles access is required. PIU need to care mitigate spreading bad odour. Increasing the workforce and using the appropriate equipment to complete the work in a
minimum timeframe. Suggest people to wear musk to protect from dust problem during construction. Other social concern, if any, shall be properly solved by the Grievance Redress Committee
(GRC) under the Grievance Redress Mechanism (GRM) of the project to be formed by the PIU.
Any other preventive measures to be adopted as required considering the situation during construction.
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The above mitigation measures during construction activities will ease the temporary disturbances in connection to movement and operation of business by the local residents, pedestrian customers and clients from shopping locally or using the usual services from local business.
36. During the sub-project implementation, different kind of problem may arise in terms of social safeguard issues and quality. PIU of the Pourashava will minimize adverse social effects and maximize sub-project benefits to the community with the assistance of TLCC & WC members, MDSC and PMU officials by ensuring Community participation. The project also ensures transparency and social accountability at each stage of the sub-project execution through engaging communities in the process of suggestion and complaint and grievance redress mechanism (GRM). As a continued process of participation, the RP has included consultation and Grievance Redress Mechanism for further inclusion, participation, transparency and social accountability in the implementation process. 37. Others. The sub-project will not (i) result in labour retrenchment or encourage child labour; or, (ii) directly or indirectly contribute to the spread of HIV/AIDS, human trafficking, or the displacement of vulnerable, girls and women. The sub-project will have no potential impact on any female-headed household.
V. GRIEVANCE REDRESS MECHANISMS
38. Grievance Redress Mechanism: A project-specific grievance redress mechanism (GRM) has been established to receive, evaluate, and facilitate the resolution of AP’s concerns, complaints, and grievances about the social and environmental performance at the level of the project. This is outlined in Figure-5 Below the GRM aimed to provide a time-bound and transparent mechanism to voice and resolve social and environmental concerns linked to the project. The multi-tier GRM for the project is outlined below, each tier having time-bound schedules and with responsible persons identified to address grievances and seek appropriate persons’ advice at each stage, as required. The PMU, MDSC safeguards team and GICDC team has been assisting the PIU in establishing the GRM and building the capacity of the GRC members to address project-related complaints/grievances. Once contractors are mobilized, inform them of their role and responsibilities and procedures involved in the GRM.
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Figure-5: Project Grievance Redress Mechanism
39. Affected persons will have the flexibility of conveying grievances /suggestions by dropping grievance redress/suggestion forms in complaints/suggestion boxes that have already been installed by PIU or through telephone hotlines 01726514050, 07326-63276 at accessible locations, by e-mail to [email protected] by post, or by writing in a complains register in PIU or Chapai Nawabganj Pourashava office. 40. Careful documentation of the name of the complainant, date of receipt of the complaint, address/contact details of the person, location of the problem area, and how the problem was resolved will be undertaken. PMU safeguard officer will have the overall responsibility for timely grievance redressal on environmental and social safeguards issues and for registration of grievances, related disclosure, and communication with the suggested party through the PIU designated safeguard focal person
(i) Grievance Redresses Process. In case of grievances that are immediate and urgent in the perception of the complainant, the contractor and MDSC on-site personnel will provide the most easily accessible or first level of contact for quick resolution of grievances. Contact phone numbers and names of the concerned PIU safeguard focal person and contractors; will be posted at all construction sites at visible locations. Sample of Grievance Registration Form has been given in Appendix-4
(ii) 1st Level Grievance: The phone number of the PIU office should be made available at the construction site signboards. The contractors and PIU safeguard focal person can immediately resolve on-site in consultation with each other, and will be required to do so within 7 days of receipt of a complaint/grievance.
(iii) 2nd Level Grievance: All grievances that cannot be redressed within 7 days at field/ward level will be reviewed by the grievance redress cell (GRC) headed by Panel Mayor of the Pourashava with support from PIU designated safeguard focal person and MDSC regional environment and resettlement specialists. GRC will attempt to resolve
Field/ward level Contractor and PIU designated safeguard focal person
Pourashava level (GRC) PIU designated safeguard focal person, MDSC regional environmental and resettlement specialists
PMU level PMU Safeguard Officer and MDSC national environmental and resettlement specialists
Affected person
Yes, within 15 days
Note: GRC = Grievance Redress Cell; PIU = Project Implementation Unit; MDSC = Management. Design and Supervision Consultants; PMU = Project Management Office
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them within 15 days.2 The PIU designated safeguard focal person will be responsible to see through the process of redressal of each grievance.
(iv) 3rd Level Grievance: The PIU designated safeguard focal person will refer any unresolved or major issues to the PMU safeguard officer and MDSC national environmental and resettlement specialists. The PMU in consultation with these officers/specialists will resolve them within 30 days.
41. Despite the project GRM, an aggrieved person shall have access to the country's legal system at any stage, and accessing the country's legal system can run parallel to accessing the GRM and is not dependent on the negative outcome of the GRM. 42. In the event that the established GRM is not in a position to resolve the issue, the affected person also can use the ADB Accountability Mechanism (AM) through directly contacting (in writing) the Complaint Receiving Officer (CRO) at ADB headquarters or the ADB Bangladesh Resident Mission (BRM). The complaint can be submitted in any of the official languages of ADB’s DMCs. The ADB Accountability Mechanism information has been included in the PID to be distributed to the affected communities, as part of the project GRM. 43. Record Keeping. Records of all grievances received, including contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were affected and final outcome will be kept by PIU. The number of grievances recorded and resolved and the outcomes will be displayed/disclosed in the PMU office, Pourashava office, and on the web, as well as reported in monitoring reports submitted to ADB on a semi-annual basis. 44. Periodic Review And Documentation of Lessons Learned. The PMU safeguard officer will periodically review the functioning of the GRM in each Pourashava and record information on the effectiveness of the mechanism, especially on the project’s ability to prevent and address grievances. 45. Costs: All costs involved in resolving the complaints (meetings, consultations, communication and reporting/information dissemination) will be borne by the concerned PIU at Pourashava-level; while costs related to escalated grievances will be met by the PMU. Cost estimates for grievance redress are included in resettlement cost estimates for affected persons.
VI. POLICY & LEGAL FRAMEWORK
46. ADB Safeguards Policy Statement, 2009. ADB SPS, 2009 applies to all ADB-financed and/or ADB-administered sovereign projects and their components, regardless of the source of financing, including investment projects funded by a loan, a grant, or other means. The three important elements of the ADB SPS, 2009 are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same standard of living with the project as without it. In addition, the absence of legal title to land should not be a bar to compensation. ADB SPS, 2009 requires compensation prior to actual income loss.
2Grievance redress committee (GRC) has been formed at Ishwardi Pourashava. The GRC comprises of the Panel Mayor-1 as Chairperson, 1
female councillor, a PIU representative (Secretary of the Pourashava), 1 NGO representative, as members and the complainant will also be
included as member of the committee. For project related grievances, if arises, representatives of APs, Community based organizations
(CBOs), eminent citizens, will be invited as observers.
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47. ADB SPS also applies when the land acquisition process has begun or been completed and/or population has already been moved in anticipation of ADB support. Involuntary resettlement actions in anticipation of ADB support generally refer to actions that preceded ADB support. In such cases ADB's due diligence will identify if there are any outstanding grievance or resettlement actions in noncompliance with ADB SPS requirements. If such outstanding issues are identified, ADB will work with LGED and PIUs to ensure appropriate mitigation measures are developed and implemented with an agreed timeline. It is also important for ADB's due diligence to assess potential risks associated with the project, even if the government's previous resettlement actions are not done in anticipation of ADB support. 48. Laws of Government of Bangladesh: The Acquisition and Requisition of Immovable Property Ordinance (ARIPO), 1982 and its subsequent amendments in 1993 and 1994 are applicable for land acquisition of SWM under UGIIP-III. Although Government of Bangladesh has passed the ‘Acquisition and Requisition of Immovable Property Bill, 2017’, the act has not been applicable for the land acquisition of SWM under UGIIP-III. ARIPO does not cover non- titleholders, such as encroachers, informal settler/squatters, occupiers, and informal tenants and leaseholders without documents. ARIPO also does not provide for replacement cost of the property acquired, and has no provision for resettlement assistance for restoration of livelihoods of displaced persons, except for legal compensation for land and structure. Further, in a majority of the cases, the compensation paid does not constitute market or replacement cost of the property acquired. 49. The following Table-2 provides a comparison of ARIPO and ADB SPS, 2009 principles and provides a gap analysis. Gaps between ARIPO and ADB, SPS 2009 were identified, and bridging measures are specified the project's RF. The RF also specifies that in case of discrepancy between the policies of ADB and the government, the policy of ADB will prevail. This draft RP and entitlement matrix therein represents a uniform document agreed upon by both the Government of Bangladesh and ADB to ensure compliance with their respective rules and policies.
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Table-2: Comparison of ARIPO-1982 and ADB SPS, 2009
SL ADB’s SPS (2009) Acquisition and Requisition
of Immovable Property Ordinance (ARIPO) 1982
GAPs Between ARIPO and ADB’s Policies and Action Taken to Bridge the GAP
1 Involuntary resettlement should be avoided wherever possible.
Not defined in the ARIPO Like with other donor-funded projects in Bangladesh the approach of avoiding involuntary resettlement has already been taken care of while preparing this project. This will be further practiced during design and implementation.
2 Minimize involuntary resettlement by exploring project and design Item activities
Not so clearly defined in the ARIPO Sections 3 and 18 exempt the acquisition of property used by the public for religious worship, public or educational institutions, graveyards, and cremation grounds.
The resettlement plan clearly defines the procedures on how to minimize the involuntary resettlement through proper alternate engineering design and adequate consultation with stakeholders.
3 Conducting census of displaced persons and resettlement planning
The ARIPO spells out that upon approval of the request for land by the office of the deputy commissioner, its own staff will conduct the physical inventory of assets and properties found on the land. The inventory form consists of the name of person, area of land, the list of assets affected, and the materials used in the construction of the house. The cut-off date is the date of publication of notice that land is subject to acquisition, and that any alteration or improvement thereon will not be considered for compensation.
The ARIPO does not define the census survey. It only reflects the inventory of losses (IOL), which is more in physical terms and only includes the names of the owners, etc. The ADB policy spells out a detailed census through household surveys of displaced persons in order to assess the vulnerability and other entitlements. This RP has been prepared based on the data collected through conducting a census, a socioeconomic survey for the displaced persons, and an inventory of losses.
4 Carry out meaningful consultation with displaced persons and ensure their participation in planning, implementation, and monitoring of resettlement program.
Section 3 of the ordinance provides that whenever it appears to the deputy commissioner that any property is needed or is likely to be needed for any public purpose or in the public interest, he will publish a notice at convenient places on or near the property in the prescribed form and manner, stating that the property is proposed for acquisition.
The ARIPO does not directly meet ADB's requirements. This section of the ordinance establishes an indirect form of public consultation. However, it does not provide for public meetings and project disclosure, so stakeholders are not informed about the purpose of land acquisition, its proposed use, or compensation, entitlements, or special assistance measures. The resettlement plan for the project has been prepared following a consultation process which
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SL ADB’s SPS (2009) Acquisition and Requisition
of Immovable Property Ordinance (ARIPO) 1982
GAPs Between ARIPO and ADB’s Policies and Action Taken to Bridge the GAP
involves all stakeholders (affected persons, government department/line agencies, local community, etc.), and the consultation will be a continuous process at all stages of the project development such as project formulation, feasibility study, design, implementation, and post- implementation, including the monitoring phase.
5 Establish grievance redress mechanism.
Section 4 allows the occupant of the land to raise objections in writing. These should be filed with the deputy commissioner within 15 days after the publication. The deputy commissioner will then hear the complaints and prepare a report and record of proceedings within 30 days following expiry of the 15-day period given to affected persons to file their objections.
The Section 4 provision is consistent with ADB's grievance redress requirements. The resettlement plan has a special provision for grievance procedures, which includes formation of a grievance redress cell, appointment of an arbitrator, and publication of the notice of hearings and the scope of proceedings.
6 Improve or at least restore the livelihoods of all displaced persons.
The ARIPO does not address the issues related to income loss, livelihood, or loss of the non-titleholders. This only deals with the compensation for loss of land, structures, buildings, crops and trees, etc. for the legal titleholders.
The resettlement plan for this project keeps the provision for a census survey that will have the data on the loss of income and livelihood, and the same will be compensated as per the entitlement matrix for both physically and economically affected persons.
7 Land-based resettlement strategy
The ARIPO does not address these issues.
The ARIPO does not meet the requirement of ADB. Though this option may be a difficult proposition, given the lack of government land and the difficulties associated with the acquisition of private lands, the resettlement plan proposes land- for-land compensation as its priority, if feasible. Attempt will be made to find alternate land for the loss of land, in case it is available and if it is feasible, looking at the concurrence of host community and land value.
8 All compensation should be based on the principle of replacement cost.
The ARIPO states that the deputy commissioner determines the amount of compensation by considering:
The ARIPO is largely consistent with ADB policy. However, there are differences in the valuation of land and prices of affected assets,
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SL ADB’s SPS (2009) Acquisition and Requisition
of Immovable Property Ordinance (ARIPO) 1982
GAPs Between ARIPO and ADB’s Policies and Action Taken to Bridge the GAP
(i) the market value of the property based on the average value during the 12 months preceding the publication of notice of acquisition; (ii) the damage to standing crops and trees; (iii) damage by severing such property from the other properties of the person occupying the land; (iv) adverse effects on other properties, immovable or movable, and/or earnings; and (v) the cost of change of place of residence or place of business. The deputy commissioner also awards a sum of 50% on the market value of the property to be acquired.
where ADB prescribes the use of current market rates/replacement cost in the project area. The ordinance does not ensure replacement cost or restoration of pre-project incomes of the affected persons. The resettlement plan addresses all these issues, and spells out a mechanism to fix the replacement cost by having an independent evaluator (committee) who will be responsible for deciding the replacement costs.
9 Provide relocation assistance to displaced persons.
No mention of relocation assistance to affected persons in ARIPO
The resettlement plan provides for the eligibility and entitlement for relocation of the affected persons, in the form of relocation assistance which includes shifting allowances, right to salvage materials, and additional transitional assistance for the loss of business and employment.
10 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
The ARIPO does not have this provision.
The ARIPO does not comply with ADB policy. This is a major drawback of the national law/policy compared to that of ADB. The ARIPO only takes into consideration the legal titleholders and ignores the non-titleholders. The resettlement plan ensures compensation and assistance to all affected persons, whether physically displaced or economically displaced, irrespective of their legal status. The end of the census survey will be considered the cut-off date, and affected persons listed before the cutoff date will be eligible for assistance.
11 Disclose the resettlement plan, including documentation of the consultation in an
The ordinance only ensures the initial notification for the acquisition of a particular property.
The ARIPO does not comply with ADB's SPS-2009 as there is no mention of disclosure of resettlement plan. The SPS ensures that the resettlement
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SL ADB’s SPS (2009) Acquisition and Requisition
of Immovable Property Ordinance (ARIPO) 1982
GAPs Between ARIPO and ADB’s Policies and Action Taken to Bridge the GAP
accessible place and a form and language understandable to affected persons and other
plan, along with the necessary eligibility and entitlement, will be disclosed to the affected persons in the local language (Bengali) in the relevant project locations and concerned government offices, and the same resettlement plan will also be disclosed on the executing agency's website and on the website of ADB.
12 Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of
The ARIPO has a provision to include all the costs related to land acquisition and compensation of legal property and assets. However, it does not take into account the cost related to other assistance and involuntary resettlement.
The ARIPO partially meets the requirement of ADB, as it only deals with the cost pertaining to land acquisition. The resettlement plan provides eligibility to both titleholders and non-titleholders with compensation and various kinds of assistances as part of the resettlement packages, and the entire cost will be part of the project cost.
13 Pay compensation and provide other resettlement entitlements before physical or economic
The ARIPO has the provision that all the compensation will be paid prior to possession of the acquired land.
The ARIPO meets the requirement of ADB.
14 Monitor and assess resettlement outcomes, and their impacts on the standards of living of displaced persons.
This is not clearly defined in the ARIPO.
The ARIPO does not comply with ADB safeguards policies. The resettlement plan has a detailed provision for a monitoring system within the executing agency. The executing agency will be responsible for proper monitoring of resettlement plan implementation, and the monitoring will be verified by an external expert.
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VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS
A. Types of Losses and Affected Person (AP) Category
50. The types of losses -permanent or temporary, total or partial due to the project include (i) loss of land; (ii) loss of residential/commercial/community structure; (iii) loss of trees; (iv) loss of crops; (v) loss of business; (vi) loss of work days/incomes, and relocation of households and businesses; and (vi) loss of access to premises for residence and trading.
51. According to ADB SPS, 2009 of ADB in the context of involuntary resettlement, APs are those who are physically relocated, or lose residential land, or shelter and/or economically displaced (with loss of structure, assets, access to assets, income sources, or means of livelihood). The absence of formal and legal title to the land should not prevent the AP to receive compensation and resettlement assistance from the project.
52. The following categories of APs would be impacted due to the implementation of the project:
i. APs whose structure are to be demolished -APs whose structure (including ancillary and secondary structure) are being used for residential, commercial, community, or worship purposes which are affected in part or in total; ii. APs losing income or livelihoods -APs whose crops, trees, business, employment, daily wages as source of income, or livelihood (including tenants, businesses, employees, labourers, etc.) are affected, permanently or temporarily; iii. APs facing relocation impacts, temporary or permanent, and iv. vulnerable APs -APs included in any of the above categories who are defined as low-income people (BPL), physically or socially challenged, landless or without title to land, female-headed households, elderly, vulnerable IP (tribal), or ethnic minority group (if any).
B. Principles, Legal, and Policy Commitments
53. The RP has the following specific principles based on ARIPO and ADB SPS, 2009:
i. Land acquisition and resettlement impacts on persons displaced by the project would be avoided or minimized as much as possible through alternate design/engineering options; ii. Where the negative impacts are unavoidable, the persons displaced by the project and vulnerable groups will be identified and assisted in improving or regaining their standard of living; iii. Information related to the preparation and implementation of this RP will be disclosed to all stakeholders in a form and language understandable to them; and people's participation will be ensured in planning and implementation; iv. Displaced persons who do not own land or other properties but have economic interests or lose their livelihoods, will be assisted as per the broad principles described in the entitlement matrix of this RP; v. Before starting civil works, compensation and resettlement and rehabilitation (R&R) assistance will be paid in full in accordance with the provisions described in RP; vi. An entitlement matrix for different categories of people displaced by the project has been prepared. People moving into the project area after the cut-off date3 will not receive compensation and resettlement assistance.
3 The project cut-off date was established during the formal disclosure of the RP on 31 August 2016. A cut-off date is set to establish displaced persons who are eligible to receive compensation and resettlement assistance by a project. The aim is not to inflict losses on people. Any person who purchases or occupies land in the demarcated project area after a cut-off date is not eligible for compensation or resettlement assistance.
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C. Entitlements
54. In accordance with the UGIIP III RF, all displaced households and persons will be entitled to a combination of compensation packages and resettlement assistance, depending on the nature of ownership rights on lost assets, scope of the impacts including socioeconomic vulnerability of the displaced persons, and measures to support livelihood restoration if livelihood impacts are envisaged.
55. The entitlement4 matrix (Table-3) specifies that any displaced person5 will be entitled to (i) compensation for loss of land at the replacement cost; (ii) compensation for loss of structure (residential/commercial) and other immovable assets at their replacement cost (without counting the depreciation value); (iii) compensation for loss of business/wage income; (iv) compensation for loss of crops and/or trees; (iv) assistance for shifting of structure; (v) rebuilding and/or restoration of community resources/facilities; and (vi) if vulnerable APs, livelihood/transitional cash assistance for vulnerable displaced persons (head of the affected family) at official minimum wage of the appropriate AP's occupation.
Fixed assets such as built structures, crops, fruit trees, and woodlots established after this date, or an alternative mutually agreed on date, will not be compensated. 4 Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to displaced persons in the respective eligibility category. 5 ln the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.
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Table-3: Entitlement Matrix
1. Land
Partial loss of plot (<50%)
Owner (titleholder, legalizable user) Legalizable user means land owners/ users that have traditional/ customary/ rights to the land but have no formal/legal papers of the ownerships. This is commonly found among the traditional/ tribal/indigenous communities.
-Cash compensation at fair market value, including all transaction costs, such as applicable fees and taxes. -Provision of title for remaining land to legalizable user. -Subsistence cash allowance based on income from lost plot: (a) for a period of 6 months if residual land unviable; (b) for a period of 3 months if residual land viable.
Lessee -Cash refund of the lease money for the lessee for duration of remaining lease period to be deducted from the owner. -Assistance to find alternative land. -Subsistence cash allowance based on 3 months’ income from lost plot, for a period of 3 months.
Sharecrop tenant (registered, informal)
-Assistance to find alternative land. -Subsistence cash allowance based on 3 months’ income from lost plot, for a period of 3 months.
Non-titled user (squatter/ informal land users)
-No compensation for land loss. -Provision to use the remaining land. -Subsistence cash allowance based on 3 months’ income from lost plot.
Full loss of plot (<50%)
Owner (titleholder, legalizable user) legalizable user means land owners/users that have traditional/customary/ rights to the land but have no formal/legal papers of the ownerships. This is commonly found among the traditional/ tribal/ indigenous communities.
-Land-for-land compensation through provision of fully titled and registered replacement plot of comparable value and location as lost plot, including payment of all transaction costs, such as applicable fees and taxes. -Cash compensation at fair market value, including all transaction costs, such as applicable fees and taxes. -Unaffected portions of a plot that become unviable as a result of impact will also be compensated. -Subsistence cash allowance based on income from lost plot: (a) for a period of 6 months if residual land unviable; and (b) for a period of 3 months if residual land viable.
Lessee -Cash refund at rate of rental fee proportionate to size of lost plot for 6 month
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Type of Loss Specification Eligibility Entitlement
-Cash refund of the lease money for the lessee for duration of remaining lease period, to be deducted from the owner assistance to find alternative land for rent/lease.
Sharecrop tenant (registered, informal)
-Cash compensation equal to current market value of share of 1 year of harvests for entire lost plot. -Assistance to find alternative land.
Non-titled user (squatters / informal land users)
-No compensation for land loss. -Assistance for finding alternative land. -Subsistence cash allowance based on 3 months’ income from lost plot, for a period of 3 months.
Residential, commercial, community
Partial loss of plot (<50 %)
Owner (titleholder, legal user) Legal user means land owners/users that have traditional/customary/ rights to the land but have no formal/ legal papers of the ownerships. This is commonly found among the traditional/ tribal/indigenous communities.
-Cash compensation at fair market value including all transaction costs, such as applicable fees and taxes. Provision of title for remaining land to legal user
Lessee, tenant Cash refund of the lease money for the lessee for duration of remaining lease period to be deducted from the owner. Provision of cash compensation for 6 months rental value of similar level of structure.
Non-titled user (squatter, encroacher)
No compensation for land loss. Provision to use the remaining land.
Full loss of plot (=>50 %)
Owner (titleholder, legal user) legal user means land owners/users that have traditional/ customary/ rights to the land but have no formal/legal papers of the ownerships. This is commonly found among the traditional/ tribal/ indigenous communities Owner (titleholder, legal user) legal user means land owners/users that have traditional/ customary/ rights to
The affected person may choose between the following alternatives: Land-for-land compensation through provision of fully titled and registered replacement plot of comparable value and location as lost plot (possibly at relocation site for
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Type of Loss Specification Eligibility Entitlement
the land but have no formal/legal papers of the ownerships. This is commonly found among the traditional/ tribal/ indigenous communities
displaced community), including payment of all transaction costs, such as applicable fees and taxes. OR Cash compensation at fair market value, including all transaction costs, such as applicable fees and taxes.
Lessee, tenant Cash refund of the lease money for the lessee for duration of remaining lease period to be deducted from the owner. Assistance to find alternative place for lease/ rent.
Non-titled user (squatter, encroacher)
No compensation for land loss. Assistance to find alternative land as titled or rental/ lease land. Allowed to construct temporary structure on identified land.
Temporary land acquisition
Owner, Lessee, tenant
-Rental fee payment for period of occupation of land. -Restoration of land to original state. -Guarantee of access to land and structures -Located on remaining land.
Non-titled user
-Restoration of land to original state. -Guarantee of access to land and structures -Located on remaining land.
2. Structures Residential, agricultural, commercial, community
Partial loss (<30%) and alteration of structure
Owner (including non-titled land user)
-Cash compensation for lost parts of structure at replacement cost and repair of remaining structure at market rate for materials, labor, transport, and other incidental costs, without deduction of depreciation for age. -Right to salvage materials from lost structure. -Allowed to construct temporary structure on unused part of project land after completion of civil work, through some lease/rent system. -In case of loss of toilet rendering structure unlivable, replacement with safe sanitation facilities at adjacent or nearby location, or, compensation for the entire structure at the discretion of the owner
Lessee, tenant Cash refund of the lease money for the lessee for duration of remaining lease period (to be deducted from the owner
Full loss of structure (=>30 %) and relocation
Owner (including non-titled land user)
-The affected person may choose between the following alternatives: -Compensation through provision of fully titled and registered replacement structure of comparable quality and value, including payment of all transaction costs, materials,
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Type of Loss Specification Eligibility Entitlement
labor, transport, and other incidental costs, at a relocation site or a location agreeable to the AP OR Cash compensation for the affected structure at replacement cost, including all transaction costs, materials, labor, transport, and other incidental costs, without deduction of depreciation for age. In case of the remaining structure become unlivable the compensation will be calculated for the entire structure without deduction of depreciation and self-relocation IN EITHER CASE -Right to salvage materials from lost structure
Lessee, tenant -Cash refund at rate of rental fee Proportionate to size of lost plot for 6 months. -The lease money for the lessee for duration of remaining lease period will be deducted from the owner.
Moving of minor structures (fences, sheds, kitchens, latrines, etc.)
Owner, lessee, tenant
The affected person may choose between the following alternatives: Cash compensation for self- reconstruction of structure at market rate (labor, materials, transport, and other incidental costs) OR Relocation/ reconstruction of the structure by the project IN EITHER CASE Access to the affected facility should be to be restored.
Stalls, kiosks Vendors (including titled and non-titled land users
Assistance for finding alternative land to continue business. Allowed to construct temporary structure/continue business through some lease/rent system as vendor, at alternative location comparable to lost location. AND Cash compensation for self- relocation of stall/kiosk at market rate (labor, materials, transport, and other incidental costs.
Fixed assets attached to affected structures (water supply, telephone lines
Owner, lessee, tenant Cash compensation for reinstallation and connection charges
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Type of Loss Specification Eligibility Entitlement
3. INCOME RESTORATION6
Crops Affected crops
Cultivator -Department of Agriculture will determine the valuation of seasonal crops. Cash compensation at current market rate proportionate to size of lost plot for 1 year’s future harvests, based on crop type and highest average yield over past 3 years -For seasonal crops: if notice for harvest of standing seasonal crops cannot be given then value of lost standing crop at market value will be made -For perennial crops: value will be calculated as annual net product value multiplied by number of productive years remaining -Residual harvest can be taken away without any deduction -If land is permanently lost add another year of loss income from crops (net income) to cover the loss during the preparation of new agricultural land.
Parties to sharecrop arrangement
-Same as above and distributed between land owner and tenant according to legally stipulated or traditionally/ informally agreed share
Trees Affected Trees Cultivator -Value of timber bearing trees will be based on the market price of timber and will be determined by the Forest Department. Cash compensation for timber trees at current market rate of timber value, plus cost of purchase of seedlings/sapling and required inputs to replace trees. -Value of fruit-bearing trees will be based on value of products multiplied by number of productive years remaining. -Cash compensation for fruit bearing trees at current market rate of crop type and average yield multiplied, (i) for immature non-bearing trees, by the years required to grow tree to productivity; or (ii) for mature crop- bearing trees, by 5 years average crops (the grafted/tissue cultured
6 Re-establishing productive livelihood of the displaced persons to enable income generation equal to or, if possible, better
than that earned by the displaced persons before the resettlement.
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Type of Loss Specification Eligibility Entitlement
plant usually starts fruiting within 2-3 years), plus cost of purchase of grafted/tissue cultured plant and required inputs to replace trees -Department of Horticulture will determine the valuation of fruit- bearing trees.
Parties to sharecrop arrangement
-Same as above and distributed between land owner and tenant according to legally stipulated or traditionally/informally agreed share.
Permanent loss of agriculture based livelihood
Partial loss of agricultural land with viable land remaining
Owner, lessee, sharecrop tenant, non-titled land user
-Provision of support for investments in productivity enhancing inputs, such as land leveling, terracing, erosion control, and agricultural extension, as feasible and applicable -Additional financial supports/ grants if land/crop compensation is insufficient for additional income- generating investments to maintain livelihood at BDT 83,000 per household (the provided sum is given to the entitled AP for one time allowance/ income generating assistance).
Loss of income from agricultural labor
Wage laborers in any affected agricultural land
-Cash assistance for loss of income up to 7 days at actual income loss as per census or Government of Bangladesh registered minimum wage, whichever is higher -Preferential selection for work at project site during civil works.
Maintenance of access to means of livelihood
obstruction by sub- project facilities
All APs -Accessibility of agricultural fields, community/social facilities, business premises, and residences of persons in the project area ensured -Accessibility to the original/alternative fishing ground.
Business Temporary Owner of business Cash compensation equal to lost
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Type of Loss Specification Eligibility Entitlement business loss due to land acquisition and/or resettlement or construction activities of project
(registered, informal) income during period of business interruption based on tax record or, in its absence, comparable rates from registered businesses of the same type with tax records or Government of Bangladesh registered minimum wage, whichever is higher Assistance to re-establish business. APs will be provided 7 days advance notice, followed by a reminder 1 days before construction -If required, they will be assisted to temporarily shift for continued economic activity and then assisted to shift back, post construction.
Permanent business loss due to land acquisition and/or resettlement without possibility of establishing alternative business
Owner of business (registered, informal)
Cash assistance for lost income based on last 3 months’ minimum wage rates to permanently displaced vendors will be paid, based on tax record or, in its absence, comparable rates from registered businesses of the same type with tax records or Government of Bangladesh registered minimum wage, whichever is higher AND Provision of retraining, job placement, additional financial grants and microcredit for equipment and buildings, as well as organizational/logistical support to establish AP in alternative income generation activity -Included in the project livelihood restoration and rehabilitation program.
Employment Temporary employment loss due to land acquisition and/or resettlement or construction activities
All laid-off employees of affected businesses
-Cash compensation equal to lost wages during period of employment interruption up to 6 months, based on tax record or registered wage, or, in its absence, comparable rates for employment of the same type -As applicable by labor code, compensation will be paid to the employer to enable him/her to fulfill legal obligations to provide compensation payments to laid-off employees, to be verified by government labor inspector
Permanent employment loss due to land acquisition and/or resettlement
All laid-off employees of affected businesses
-Cash compensation equal to lost wages for 6 months, based on tax record or registered wage, or, in its absence, comparable rates for
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Type of Loss Specification Eligibility Entitlement without possibility of re-employment in similar sector and position in or near area of lost employment/ daily wage
employment of the same type -If required by the applicable labor code, compensation will be paid to employer to enable him/her to fulfill legal obligations to provide severance payments to laid- off employees, to be verified by government labor inspector, AND Provision of retraining, job placement, additional financial grants, and microcredit for equipment and buildings, as well as organizational/logistical support to establish AP in alternative income generation activity -Included in the project livelihood restoration and rehabilitation program.
4. COMMON RESOURCES, PUBLIC SERVICES AND FACILITIES Loss of common resources, public services and facilities
footbridges, roads, footpaths, culverts, places of worship, classrooms in educational institutions, canal water by downstream users, common water points/connections, public/community toilets, community spaces, playgrounds etc.
Service Provider -Full restoration at original site or reestablishment at relocation site of lost common resources, public services and facilities, including replacement of related land and relocation of structures -One time grant fund for the common public resources committee and management.
5. SPECIAL PROVISIONS
All vulnerable affected persons.
-Assistance in forms of (i) identification of new relocation site, when required and (ii) cash assistance for rental of new plot/structure up to six months -Assistance with administrative process of land transfer, property title, cadastral mapping, and preparation of compensation agreements -Provision of livelihood training, job placement -Included in the project livelihood restoration and rehabilitation program -Financial grants and/or microcredit access for livelihood investment as well as organizational/logistical support to establish an alternative
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Type of Loss Specification Eligibility Entitlement
income generation activity -Subsistence allowance of minimum of 2 months of official minimum wage -Preferential selection for project- related employment.
Women, social/religious minorities, elderly headed house hold a, poor households
Loss of land and structures
Titled or recognized owners of land and structures
-Titling of replacement land and structures in female owner’s/ minority/ elderly household head’s name (as applicable) -Cash compensation paid directly to female owners and head of minority households.
Tribal people affected, if any
Loss of land, community assets and structures
Affected tribal people/ community
-Compensation packages as determine by the government valuation team and consultation with the affected community -Full restoration and renovation of affected assets -Special assistance for livelihood restoration as required -In case of major impacts, specific assistance and benefits will be specified under Indigenous People Development Plan
Other impacts Unanticipated impacts and negotiated changes to entitlements
All affected persons. -To be determined in accordance with the IR safeguards requirements of the ADB SPS and project resettlement framework -Project resettlement plan to be updated and disclosed on ADB website -Standards of the entitlement matrix of the resettlement plan not to be lowered.
a The eligibility will follow the Department of Social Service of Ministry of Social Welfare that uses 65 years old for man and 62 years old for woman to define elderly people Note: Any lump sum cash assistance/compensation proposed in the EM shall be adjusted for annual inflation, if a resettlement plan is implemented after 1 year more of preparation
VIII. LAND ACQUISITION AND RESETTLEMENT
56. Chapai Nawabganj Pourashava do not have enough land for implementing the proposed SWM sub-project, it required acquisition/purchase the land. Deputy Commissioner’s office of Chapai Nawabganj acquired the land in favour of Chapai Nawabganj Pourashava. Land acquisition process was started in March 12, 2015 and completed in November 01, 2017. DC, Chapai Nawabganj transferred the 4.01 acre of land (Mouza: Dariapur, J. L. no: 95) to Chapai Nawabganj Pourashava (as requiring body) on October 31, 2017. The status of land acquisition of Chapai Nawabganj Pourashava is summarized below in Table-4
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Table-4: Status of Land Acquisition
N a
m e
a b g
a n j
4.01 12-03-15 01-11-17 31-10-17 Done Done Done Done Done Done 70000012.50
57. The acquired land for SWM sub-project of Chapai Nawabganj Pourashava is a cropping land was owned by general people. Inventory of loss survey has been conducted for project site. The survey revealed that there are 29 APs found of them female APs are 5, who lost their land and trees.
58. Bangladesh Government through relevant ministry and office of Deputy Commissioner has been accomplishing acquisition of land for implementing solid waste management sub-project for the Pourashavas. When MDSCs have visited to PIUs for preparing RP, they found the land acquisition process has done following ARIPO-1982. However, these may be considered as negotiated land acquisition. The Pourashava chose the land not only considering the social and environmental criteria but also willingness for selling land of the land owners.
59. A lengthy and time consuming procedure has been followed for