second chittagong hill tracts rural development project

Second Chittagong Hill Tracts Rural Development Project (RRP BAN 42248)

Land Acquisition and Resettlement Framework

April 2011

BAN: Second Chittagong Hill Tracts Rural

Development Project

Prepared by ANZDEC Ltd for the Ministry of Chittagong Hill Tracts Affairs and the Asian

Development Bank.

http://www.adb.org/Documents/RRPs/?id=42248-01-3

CURRENCY EQUIVALENTS (as of 29 April 2011)

Currency unit – taka (Tk)

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

ABBREVIATIONS

ADB – Asian Development Bank ADR – alternate dispute resolution ADRF – alternative dispute resolution forum AP – affected person CCL – cash compensation under law CHT – Chittagong Hill Tracts CHTRC – Chittagong Hill Tracts Regional Council CHTRDP – Chittagong Hill Tracts Rural Development Project CRO – chief resettlement officer DC – deputy commissioner DD – detailed design DDR – due diligence report DPMO – district project management office EA – executing agency EXN – executive engineer FD – Forest Department GOB – Government of Bangladesh GRC – grievance redress committee HDC – Hill District Council IA – implementing agency INGO – implementing NGO IP – indigenous people IPP – indigenous peoples plan1 IR – involuntary resettlement LAO – district land administration officer LAP – land acquisition plan LAR – land acquisition and resettlement

LARF – land acquisition and resettlement framework LARP – land acquisition and resettlement plan LGED – Local Government Engineering Department LMS – land market survey MAD – micro agribusiness development MARV – maximum allowable replacement value MOCHTA – Ministry of Chittagong Hill Tract Affairs NGO – nongovernment organization PD – project director PF – protected forest

PIC – project implementation consultants PMO – project management office

1 ADB‟s 2009 Safeguards Policy Statement (SPS)

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PPTA – project preparatory technical assistance PVAT – property valuation assessment team PVM – participatory village mapping RAC – resettlement advisory committee R-LARP – retrofitted land acquisition and resettlement plan ROW – right-of-way SAP – seriously affected person SES – socioeconomic survey SPS – Safeguards Policy Statement SQMC – safeguards and quality monitoring cell TA – technical assistance TG – transfer grant UNDP – United Nations Development Program USF – unclassified state forests

GLOSSARY

AP – Any juridical person, be it an individual, a household, a firm or a private or public, who on account of the execution of a project, or any of its components or subprojects or parts would have their (i) right, title or interest in any house, land (including residential, agricultural, and grazing land) or any other fixed or moveable asset acquired or possessed, in full or in part, permanently or temporarily; or (ii) business, occupation, work, place of residence or habitat adversely affected; or (iii) standard of living adversely affected.

CCL – CCL comprises all land acquisition compensation under The Acquisition and Requisition of Immovable Property Ordinance 1982. The Project, to meet the Asian Development Bank‟s (ADB‟s) Policy on Involuntary Resettlement, also provides Project resettlement grants in addition to CCL

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

compensation – Payment in cash or in kind to replace losses of land, housing, income, and other assets caused by a project

entitled person – An entitled person (EP) is one who has lost his/her assets or income directly/indirectly due to the Project intervention and is eligible to receive compensation from the DC office and/or cash grant from Local Government Engineering Department (LGED)

Household (HH)

– A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit).

informal settlers

– Also called Uthulies, i.e., HHs living on others‟ land with permission.

jhum – Shifting (swidden, slash and burn) cultivation is the dominant farming system in the lower and upper hills of Chittagong Hill

Tracts (CHT).

khas land – In Bangladesh, Claimed as Government Land but in CHT is IP Common Land

land acquisition

– The process whereby a person is compelled by a public agency to alienate all or part of the land he/she owns or possesses, to the ownership and possession of that agency, for public purpose in return for fair compensation.

LARF – Adopted at the time of the Loan Agreement, the LARF lays out the policy, principles, procedures and entitlements, as well as the institutional responsibilities to be followed in preparing subproject LARPs under the Loan.

LARP – A timebound action plan with budget setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation.

mauza – A Mouza Revenue Village is the lowest unit of land administration in Bangladesh. Mouza consists of more than two villages headed by Headman. Alternative spelling is Mauja

PCJSS – The Parbatya Chattagram Jana Sanghati Samiti [PCJSS]

(Bengali: Parbotto Chôṭṭogram

Jônoshônghoti Shomiti, or PCJSS, English: United People's Party of the Chittagong Hill Tracts) is a political party formed to represent the people and indigenous tribes of the Chittagong Hill Tracts in Bangladesh.2

rehabilitation – The process to restore income earning capacity, production levels, and living standards in a longer term. Rehabilitation measures are provided in the Entitlement Matrix as an integral part of the entitlements.

relocation – The physical relocation of an affected person from his/her pre project place of residence.

replacement cost

– The cost of replacing lost assets and incomes, including cost of transactions.

resettlement effects

– All negative situations directly caused by a project, including loss of land, property, income generation opportunity, and cultural assets.

SAP – A person who will (i) lose more than 10% of total agriculture/aquaculture land holding, and/or (ii) relocate, and/or (iii) lose more than 10% of total income sources due to a project.

union parishad – The Union Parishad is one of the lowest administrative units in Bangladesh, part of a four- tier local government, namely Gram (Village) Parishad, Union Parishad, Upazila (Subdistrict) Parishad and Zila (District) Parishad.

2 http://en.wikipedia.org/wiki/Parbatya_Chattagram_Jana_Sanghati_Samiti

http://en.wikipedia.org/wiki/Parbatya_Chattagram_Jana_Sanghati_Samiti

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uthulies – Long-term squatters. Also called Informal Settlers, i.e., HHs on others‟ land with permission.

vulnerable households

– For this Project, vulnerable groups are defined as APs who suffer more - economically and socially - from relocation than other affected population. Based on past experiences from similar Projects, the vulnerable groups include (i) women-headed HHs; (ii) landless HHs (those without agricultural land, and depend largely on day labor for survival); (iii) disabled HHs heads; (iv) HHs having residual agricultural land less than 1 acre or losing more than 10% of their income from agriculture due to acquisition; and those APs who have gone below the poverty line due to the subproject.

NOTE

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

RECORD OF CHANGES

No. Date Detail of Change Reason Change made by

Approved by EA/IA on:

1. 28 April 2011

Update para 142 to refer to SPS Appx3 para 30 on BCS of IPs

Suggestion of ADB RSES at MRM

S. Campbell, ADB

2.

3.

This land acquisition and resettlement framework 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.

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CONTENTS

EXECUTIVE SUMMARY I

I. PROJECT BACKGROUND AND DESCRIPTION 1

A. Background 1 B. Project Area, Chittagong Hill Tracts (CHT) 2 C. Land Administration in the CHT 6 D. Project Description 11

II. POTENTIAL SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) 15

A. Rural Access and Market Infrastructure (Project Component B) 15 B. Community Infrastructure (Project Component C) 18

III. OBJECTIVES AND LAR POLICY 20

A. CHT Legal Framework 20 B. ADB‟s Involuntary Resettlement Policy 22 C. Project‟s LAR Policy 24 D. LAR Entitlements 27

IV. PROCEDURE FOR LARP INTERVENTION 39

A. General 39 B. Socioeconomic Information 39 C. Land Acquisition Resettlement Plans 41 D. Gender Impact and Mitigation Measures 42 E. Information Dissemination, Consultation, Participatory Approaches and

Disclosure 43 F. Grievance Redress Mechanisms 44 G. Compensation, Relocation and Income Restoration 45 H. Overall Project Implementation Arrangements 46 I. LARP Implementation Arrangements 49

V. LARF BUDGET AND FINANCING 54

VI. IMPLEMENTATION SCHEDULE 55

VII. MONITORING AND EVALUATION 58

A. Monitoring 58 B. Verification of Monitoring by External Expert 59

LIST OF TABLES: Table 1: Completed and remaining Upazila & Union roads of CHTRDP-I and to be built Proposed Village Access Roads for the Completed Upazila and Union Roads iii Table 2: Summary Estimated LAR Impacts CHTRDP-II Roads iv

Table 3: CHTRDP-II Infrastructure (Phase II) Estimated LAR Impacts iv

Table 4: All Estimated LAR Impacts, CHTRDP-II v

Table 5: Entitlement Matrix and Responsible Implementation Agencies vii Table 6: IP and Non-IP (NIP) Population in CHT, by 2001 3

Table 7: Ethnic Membership of Hill District Councils (HDCs) 5

Table 8: Summary Estimated LAR Impacts CHTRDP-II Roads 16

Table 9: Estimated LAR Impacts CHTRDP-II Roads, with Unit/Km 16

Table 10: Estimated Small Community Infrastructure Components for Approximately 3,000 Subprojects under CHTRDP-II 18

Table 11: Six Pilot Subprojects Chosen During the PPTA for Community Development Feasibility Studies, to be Replicated for CHT under CHTRDP-II 19

Table 12: Felt Needs at Six Pilot Subprojects under CHTRDP-II 19

Table 13: CHTRDP-II Infrastructure (Phase II) Estimated LAR Impacts 20

Table 14: All Estimated LAR Impacts, CHTRDP-II 20

Table 15: Types of Losses Eligible for Compensation under GOB/CHT ordinance, ADB Policy and Applicable in CHTRDP II 25

Table 16: Entitlement Matrix and Responsible Implementation Agencies 31

Table 17: Estimated LAR Impacts for Compensation, CHTRDP-II 54

Table 18: Estimated Costs for CHTRDP-II LARF 54

Table 19: Potential Monitoring Indicators 58

Table 20: Indicators for Verification of Monitoring by External Expert 60

LIST OF FIGURES: Figure 1: Population Growth 1860-2010 3 Figure 2: Reserved Forest in the CHT 10 Figure 3: Grievance Redress Mechanism 45 Figure 4: Project Implementation Arrangements 48 Figure 5: Project Cash Flow Arrangements 49 Figure 6: Property Valuation Advisory Team (PVAT) Property 51 Figure 7: Resettlement Organization Chart 53 Figure 8: Tentative LARP (Within Component 3) Implementation Schedule in Context of

Overall Project Timetable 56 Figure 9: Tentative LARP Implementation Schedule for Project 57 LIST OF APPENDIXES Appendix A: Ranking the Vulnerability of IP Communities in the CHT 61 Appendix B: Maps and Lists of Completed LGED Upazila and Union Roads Under

CHTRDP-I 69 Appendix C: The Chittagong Hill Tracts (Land Acquisition) Regulation, 1958 80 Appendix D: IP-Led NGOs for Potential Recruitment 83 Appendix E: The Chittagong Hill Tracts Peace Accord of 1997 94 Appendix F: Consultation Workshops, November 2010 106 Appendix G: Report of Consultation Workshop with Stakeholders, Bandarban,

November 2-3, 2010 110 Appendix H: Indicative Costs for LAR Mitigation of CHTRDP-I 113

EXECUTIVE SUMMARY

Project Background and Description

Bangladesh is, by in large, a remarkably ethnically homogeneous country. The Chittagong Hill Tracts (CHT) is therefore an anomaly, with an indigenous population having more affinity to neighboring Myanmar (Burma) in the population‟s ethnic background. Because of a long insurgency carried out by the region‟s indigenous peoples (IPs) and an ongoing peace process, the Project is rated by ADB as Category A according to the Bank‟s Safeguards Policy Statement, 2009 (SPS) and requires not only a Land Acquisition and Resettlement Framework (LARF), but also an Indigenous Peoples Plan (IPP). IP ancestral land is an overlapping concern for both of these ADB safeguards documents, for compensation in the LARF and in the IPP for preserving IP rights to these lands. Because of this, the LARF goes into much more detail about, inter alia, the history, culture, ethnic makeup, and customary institutional, law and land management context than a project found elsewhere in Bangladesh, where the compensation and preservation of IP ancestral lands would not the pressing concern that it is in the CHT.

Customary and Government Land Administration: Land administration reflects the overall anomalous situation in the CHT of having three different types of Government administrative systems, which are often overlapping or conflicting in day to day operations. These are: 1) The Self Rule Government System, comprised of the CHT Regional Council (CHTRC) and Hill District Councils (HDCs); 2) General Administrative Governmental Organs, the Office of the Deputy Commissioner (DC), Upazila Parishad/Thana, Union Parishad, Pourasova; and 3) the Traditional Administrative Structure, the Chief (Raja), Chief of Circle, Headman – Head of Mouza, Karbari – Head of Village (Para).

The CHT Regulations of 1900 (popularly called, the CHT Manual) have since that time been the key legal reference for customary IP land administration, which falls under the latter category above. They define the region‟s administrative framework, revenue collection, power and authority of the traditional institutions (e.g. Circle Chief and Headmen) and justice system including the „tribal justice‟ system. The Regulations were amended a number of times, but they still remain a key reference. Under the CHT Manual (1900), the Headman is a key authority/institution at the mouza level in the land and revenue administration in the CHT. Headmen are comparable to the tehsildar in the plains. For land titles and land acquisition, they are first contact and authority as the primary official for revenue collection.

The Circle Chief, also under the CHT Manual (1900), is the traditional the apex of a hereditary chieftainship system. They were first incorporated in the formal government structure by the British in the later part of 19th century. Considered „custodian and repository‟ of the traditional value system of the IPs, they hold primary authority in the land and revenue administration and also the traditional justice system as the authority over headmen and the traditional institutions. Their authority is recognized by law and in both the land acquisition and titling process, they play a pivotal role.

The DC, along with the Additional Deputy Commissioner (ADC) and the Land Record Office (LRO), used to enjoy, besides their usual administrative powers, very broad authority in almost every aspects of government‟s administration, far more extensive than their peers in the plains. However, following the establishment of the HDCs in late 1980s and particularly with the resulting administrative and governance framework of the Peace Accord of 1997, they enjoy a far reduced power. Nevertheless, they still are the „final authority‟ with regard to land titles and land acquisition.

HDCs are presently the key fulcrum of local decentralized administration. Land is one of the transfer subjects, which as yet has not been devolved to the HDCs by the Government. But

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they still can influence in very important way, all land transfers, titling and land acquisition. The CHTRC and Land Commission (LC) do not to play any direct role on land and revenue administration, including land titling and land acquisition; but they remain influential indirectly. The former as the embodiment of the PA gains and the latter for its eventual role in resolving the outstanding CHT land ownership disputes. Many of the laws that apply to the rest of the country, including the Code of Civil Procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land Acquisition Ordinance, 1982 do not apply to the region. The CHT Regulation of 1900 is the single most important law for the CHT. The Regulation functions in the nature of a constitutional legal instrument and vets the application of other laws that apply to the region, among others, by specifying the nature and extent of application of those laws.

CHTRDP-II will improve rural livelihoods to reduce poverty and vulnerability amongst the rural population of CHT. More specifically, it will: (i) improve rural infrastructure and sustainable natural resources management and monitoring; (ii) increase rural incomes, including those of remote rural women and disadvantaged groups, through increased economic opportunities and activities; and (iii) support institutional strengthening of MOCHTA, CHTRC and HDC to plan, implement and monitor sustainable rural development in the three districts of CHT, Rangamati, Khagrachari and Banderban. The Project comprises five components: 1) Institutional Development and Project Management; 2) Rural Roads; 3) Community Infrastructure; 4) Micro Agribusiness Development (MAD); and 5) Project Management. Not all the CHTRDP-II components above will have land acquisition and resettlement (LAR) impacts. The two with LAR impacts are: Component 2: Rural Roads and Component 3: Community Infrastructure.

Potential Scope of Land Acquisition and Resettlement (LAR)

In the absence of finalized rural road designs and to facilitate preparation of social safeguard outputs for CHTRDP-II, the TA consultants (TAC) were advised by ADB to review similar, CHTRDP-I roads and assess resettlement impacts. The TAC undertook field consultation to fully ascertain benefits and impacts of improved access and also review methodology for the implementation process. In doing so, it became apparent that there were many outstanding impacts in contrast with expected safeguard standards under ADB‟s resettlement of the time. Accordingly, as well as estimating the potential impacts for CHTRDP-II, which enabled the budget and scope to be prepared, a due diligence report to recommend resolution of any outstanding grievances under CHTRDP-I was prepared. This, together with a suggested framework for retroactive LAR activities, is now with ADB‟s Bangladesh Resident Mission (BRM) for their further necessary action.

Because, in CHTRDP-I, implementation under ADB‟s 1995 IR Policy was found on review to be far from satisfactory, during the CHTRDP-II LARF implementation, grievances lodged by CHTRDP-I‟s affected persons (APs) will be processed by ADB‟s BRM following the LARF guidelines. In such cases, ADB‟s BRM will prepare, if necessary, a Retrofitted Land Acquisition and Resettlement Plan (R-LARP) for CHTRDP-I subprojects or coordinate with relevant government agencies to address the grievances of APs on a case by case basis. Addressing historical grievances will be outside the scope of this LARF, however a process has been recommended in conjunction with the preparation of this LARF for assessing historic LAR costs using a community consensus methodology. This has been tested in preparing an R-LARP for the Wagga access road. In this context, the LARF proposes a consultation framework to obtain free, prior and informed consent of affected IPs groups, as CHTRDP-I and CHTRDP-II have and will acquire ancestral lands of the IP groups which has and will lead to physical displacement of such groups or individuals, through constructing Upazila and Union roads that have considerably widened the original right-of-way (ROW) along their entire lengths.

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Based on the above due diligence, and in coordination with Local Government Engineering Department (LGED), field observations indicate that we can expect road right of way alignments on average 18 feet wider than the present paths.

1. The table below shows the total length in kilometers (Km) of completed upazila and union roads under CHTRDP-I, what remains to be completed during CHTRDP-II, and the associated village access roads.

Table 1: Completed and remaining Upazila & Union roads of CHTRDP-I and to be built Proposed Village Access Roads for the Completed Upazila and Union Roads

District Completed (Km) Remaining (Km) Total (Km)

Upazila Roads

Rangamati 30 6 36

Kagrachari 14 6 20

Bandarban 12 7 19

Subtotal 56 19 75

Union Roads

Rangamati 47 130 177

Kagrachari 86 28 114

Bandarban 64 62 126

Subtotal 197 220 417

Village Access Roads

Rangamati -- -- 56

Kagrachari -- -- 42

Bandarban -- -- 42

Subtotal -- -- 140

2. The next table summarizes estimated road LAR impacts for CHTRDP-II. Village (Access) roads constitute 46% of the total length (Km), followed by Union roads and Upazila roads (34% and 20% respectively), of a total 306 Km. Widening the roads will require an estimated 270 acres overall, 74 acres (27%) for Union roads, 95 acres (35%) for Village roads, 93 acres (35%) for Upazila roads, and roughly 8 acres for development of roadside marketing facilities under the MAD subcomponent. It isn‟t expected that Village Roads or the MAD subcomponent will require displacement of structures, but Union and Upazila roads will displace an estimated 79 (45%) and 96 (55%) structures, constituting 39,375 ft2 and 48,190 ft2, respectively. An estimated 20,400 trees will be acquired for widening the three road types, 31%, 23%, and 46% respectively for union, village, and upazila roads and possibly 3% for developing markets, though it‟s likely that trees already on these sites will remain for providing shade.

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Table 2: Summary Estimated LAR Impacts CHTRDP-II Roads

Km % Land

(Acres) %

Trees (No)

% Structures

% APs

% SAPs

(No) (sq ft) Land Structure Total

Union Roads

105 34% 74 27% 6,248 31% 79 39,375 45% 378 79 457 40% 137

Village Roads

140 46% 95 35% 4,750 23% 0 0 0% 280 0 280 25% 84

Upazila Roads

61 20% 93 35% 9,333 46% 96 48,190 55% 305 96 401 35% 120

MAD Markets

-- -- 8 3% 70 0% 0 0 0% 3 0 3 0% --

Total 306 100 270 100 20,400 100 175 87,565 100 966 175 1,141 100 341

AP = affected person; SAP = seriously affected person; LAR = land acquisition and resettlement.

Overall, there will be an estimated 1,141 APs for the three types of road, 457 APs (40%) for Union roads, 280 APs (25%) for Village roads, and 401 APs (35%) for Upazila roads, and maybe 3 APs for market development, although these are likely to be developed on existing, informal market sites. Of these APs, some 341 are likely to be seriously affected persons (SAPs). Note that the length (in Km) for Village roads is an estimate for budgeting purposes only, since each village will select its own preferred basket of community infrastructure (CI) during implementation.

The MAD component will support market facility development (to be financed under the rural roads component of CHTRDPII). About 100 market facilities are estimated, totaling about 8 acres. These roadside markets will be about 15.5 m x 18.5 m each, including 7.5 m x 15 m market sheds, toilets, and parking space for uploading agricultural products. For budgeting and planning, these MAD LAR impacts will be equivalent to black top roads, though it expected that the requirement of trees and structures will be minimal or nonexistent, APs will be very few, and there would be no SAPs, since these markets are more often than not on existing, informal marketing sites.

From the feasibility studies, and also from experience in CHTRDP-I, very little land acquisition will be required for small community infrastructure components. Nevertheless, a budget will be prepared to cover any potential LAR impacts during Project implementation where the envisaged approach of community provision of land for community infrastructure, or direct negotiation where there are very few APs, is not possible. An estimated 750 acres may be required for cross dams for small-scale irrigation if these types of infrastructure are selected by communities, and another 50 acres for all other community structures, such as schools, health and/or community centers, and small markets (under MAD). It is likely that much of the locations will be on community land or will be given through local donations. The number of APs may be 1,580, with likely no SAPs.

Table 3: CHTRDPII Infrastructure (Phase II) Estimated LAR Impacts

Village Infrastructure Units Total Acres Total APs

Cross Dams, including Canals 375 750 1,500

Community Structures3 20 50 80

TOTAL 395 800 acres 1,580 APs

As community infrastructure will be built for community benefit village infrastructure will be built, to the extent possible, on common/community land. Where this isn‟t possible, land donations will be permissible if overseen by the implementing nongovernment organization (INGO) to

3 Including MAD market structures.

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assure no coercion is involved, and communities may negotiate on a case by case basis directly with owners of land to provide compensation through the Project if this appears to be the only alternative. The procedure of land donation and direct negotiation, including the requirement of due diligence reports (DDRs), is outlined below under LARP implementation arrangements.

Overall, with rounded figures, there may be about 1,070 acres acquired, some 270 acres requiring compensation along roads and approximately 800 acres under community infrastructure and donated by communities, some 175 structures comprising 87,565 ft2, 20,400 trees, 1,141 APs, roughly 341 SAPs. As more than 200 households (HHs) are estimated to lose more than 10% of their productive and and/or shift their residences/shops, and are therefore classified as SAPs, the IR category will be a Category A, as per ADB‟s SPS.4

Table 4: All Estimated LAR Impacts, CHTRDP-II

Project Area

(Acres)

Structures Trees

APs

SAPs No. sq ft

CHTRDP-II 1,070 175 87,565 20,400 1,141 341

Objectives and LAR Policy

In the absence of an approved Government policy consistent with ADB‟s recent 2009 SPS, this project-specific LARF has been prepared to provide a Project involuntary resettlement (IR) policy and methodology. The LARF will apply to all subprojects to be prepared and approved under the Project. This will ensure that APs impacted by land acquisition – whether it is owned land or occupied through formal or informal agreement or without any title or agreement – will be eligible for appropriate compensation covering replacement value of their assets. The LARF reflects the Government land acquisition laws/regulations as well as ADB‟s recent SPS, which covers environmental, IR and IP polices. The LARF stipulates eligibility and provisions for all types of losses, including land (and in this Project, IP Common Land), crops, trees, fisheries and fish ponds, structures, business, employment (workdays and wages) and social infrastructure.

Many of the laws that apply to the rest of the country, including the Code of Civil Procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land Acquisition Ordinance, 1982 do not apply to the region. The CHT Regulation of 1900 is the single most important law for the CHT. The Regulation functions in the nature of a constitutional legal instrument and vets the application of other laws that apply to the region, among others, by specifying the nature and extent of application of those laws. Other special laws that apply to the CHT include the CHT Land Acquisition Regulation, 1958, the Hill District Councils Acts of 1989, the CHT Regional Council Act of 1998 and the CHT Land Disputes Resolution Commission Act of 2001. The Acquisition and Requisition of Immovable Property Ordinance (ordinance II of 1982) and its subsequent amendments in 1993 and 1994 provide the current legal framework in Bangladesh outside the CHT governing land acquisition for public purposes The 1982 Ordinance covers all cases of acquisition and requisition of immovable property (i.e. land, crops, built structures) for any public purpose or in the public interest. This Ordinance does not cover Project APs without title or ownership records, such as Uthulies (informal settlers/squatters/encroachers), or khas land cultivators. Further, in most of the cases the compensation paid does not constitute market or replacement value of the property acquired.

The Entitlement Matrix (see below) has been prepared on the basis of currently known impacts. It identifies the categories of impact based on surveys carried out in the six subproject areas and shows the entitlements for each type of loss. If new impacts are identified later during preparation of resettlement plans (RPs) for future subprojects then such losses will be included

4 ADB‟s OM Section 01/OP, 20 Jan 2010 (pp 2-3).

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in the entitlement matrix and the RP will be the appropriately revised. All APs will be entitled to compensation and resettlement assistance based on severity (significance) of impacts. Nevertheless, eligibility to receive compensation and other assistance will be limited by a Cut-off Date, which will be disclosed to the APs.

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Table 5: Entitlement Matrix and Responsible Implementation Agencies

Sl No

Nature of Loss Definition of Entitled

Person (EP) Entitlements Implementation Issues

Implementation Responsibility

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

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

i. Replacement land or ii. Cash Compensation under Law

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

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

iv. Stamp duty to facilitate land purchase

v. Compensation for standing crops assessed by DC/ Property Valuation Assessment Team (PVAT)

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

a. Assessment of quantity and quality of land

b. Assessment of Market Value

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

d. Title updating e. Payment of CCL f. Affected Persons (APs)

will be fully informed of the entitlements and procedures regarding payment

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

h. Stamp duty will be due to an EP @7% of the MARV to facilitate in purchasing alternate/replacement land

i. Compensation for standing crops from DC

a. DC, Hill District Council (HDC)

b. DC, HDC c. HDC,

Implementing NGO (INGO)

d. DC, HDC e. DC, HDC f. HDC, INGO g. HDC, INGO h. HDC-Chief

Resettlement Officer (CRO), INGO

i. DC, HDC

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

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

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



c. Assessment of MARV by LMS

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

informed of the

a. DC, HDC b. DC, HDC c. HDC/ INGO d. DC, HDC e. DC, HDC f. HDC/ INGO

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No Nature of Loss

Definition of Entitled Person (EP)

Entitlements Implementation Issues Implementation Responsibility

entitlements and procedures regarding payment

g. Additional cash grant to cover the RV of land.



g. HDC/ INGO h. HDC-CRO/INGO i. DC,HDC

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

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

i. Cash Grant as Replacement

Value of the land assessed by PVAT

ii. Grants for Compensation for standing crops assessed by PVAT

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


b. Assessment of RV by LMS

c. Payment of RV d. APs will be fully

informed of the entitlements and procedures regarding payment

e. Compensation for standing crops from HDC

a. HDC b. HDC, PVAT c. HDC/INGO d. HDC/INGO e. HDC/INGO-CRO

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

Orchard)

IP Owner/user of Common property leased in from headman through traditional bondobosti system but Bengali settler has legal government lease document of ownership of land but not in possession. Ownership or share of compensation will be resolved through

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









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Sl No




Alternate Dispute Resolution (ADR)

5 Bengali came after 80s used/owned land through legal paper from the government but IP claimed as owner of common land owned through traditional bondobosti (lease) (Agriculture, Commercial, Homestead, Hill, Jhum

land, Pond, Orchard)

Bengali settler owner/user of land through legal government lease document

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




5







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

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

i. CCL (Market value assessed by DC plus premium as per Law) and

ii. Additional grant to cover MARV of land

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

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




d. Payment of CCL e. APs will be fully


a. DC, HDC b. DC, HDC c. HDC/ INGO d. DC,HDC e. HDC/INGO

5 As almost all the APs losing partial housing/business structures own additional land beside the acquired part, it is expected that these households and/or

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

x Sl

No Nature of Loss



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

g. Compensation for standing crops /trees from DC

f. HDC/INGO

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

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

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

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

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

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

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

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

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

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

a. Assessment of no. and quality of structure

b. Assessment of market value



informed of the entitlements and procedures for getting those

g. Additional grant to cover the MARV of the structure

h. Allowed to take away the salvageable

i. TG @ 12.5% (kutcha and semi-pucca) or 5% (pucca) of the assessed value of the structure

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

k. Special Assistance to Female Headed Households/Smaller IP Groups by category of the structure

l. Homestead loser will be

a. DC,HDC b. DC,HDC c. INGO/HDC-CRO d. DC e. DC f. INGO, HDC-CRO g. HDC-CRO/INGO h. HDC-CRO/INGO i. HDC-CRO/INGO j. HDC-CRO/INGO k. HDC-CRO/INGO l. HDC-CRO/INGO

xi

Sl No




eligible to get Homestead Development Grant

m. Special assistance to Vulnerable Households with disabled family member

m. HDC-CRO/INGO

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

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

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

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

sharecropper of land b. Cash grant as

determined by assessment will be paid after taking possession of the land

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

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

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

9 Loss of Trees/Perennials on registered land

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

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

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

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

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

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

a. Assessment of loss and market value of the loss

b. Payment of Cash Compensation for the losses

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

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

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

xii Sl

No Nature of Loss



affected household.

10 Loss of Trees/Perennials on common property

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

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

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

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

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



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

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


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

Owner of the structure identified by SES

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

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

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

iv. RCG @ 12.5% of the value of all structures assessed by the PVAT for titled owners

v. Special assistance for female headed, vulnerable households, smaller IP groups @ Tk 2,000, Tk 3,000 and Tk 5,000 for kutcha, semi-pucca and pucca structure

a. Payment of structure cost

b. Verification of SES and other records

c. APs will be fully informed about their entitlement and assisted in obtaining it

d. A TG to each household will be paid before/during vacating the project sites

e. Reconstruction Grant for each structure (household/commercial ) will be paid before/during vacating the Project site

f. Special assistance to Female Headed/Vulnerable Household/Smaller IP Groups

a.HDC-CRO/INGO b. INGO/HDC c. INGO/HDC d. HDC-CRO/INGO e. HDC-CRO/INGO f. HDC-CRO/INGO

xiii

Sl No




12 Loss of access to house/commercial structure (rented or leased)

Tenants renting/leasing the property as identified by the Socio-Economic Survey (SES)

i. One-time cash grant for facilitating alternative housing /structure assessed by PVAT

a. Verification of SES Records and other Records

b. A Shifting Allowance per unit will be paid before relocation from project sites

a. INGO/HDC-CRO b. HDC-CRO

13 Loss of residence by informal settlers/encroachers or unauthorized occupants on some registered land (may be some government /private institution/organization)

Heads of Household occupying homestead land illegally or squatting on RoW as identified by SES

i. Cash grant as Compensation for the lost structure (if owner) as per assessed values/price by DC provided certified by the land owner

ii. the owner‟s income is under the poverty line will get grant /training from the Social Development Grant (SDG)

iii. Cash grant for shifting of the house from RoW

a. CCL for structure if recognized by DCs

b. Verification of SES data and the Award Book

c. Compensation for loss of structure (as mentioned in Sl No. 11)

d. Transfer or shifting cost per household (as mentioned in Sl NO. 11)

a. DC b. INGO/HDC c. INGO/HDC-CRO d. HDC-CRO/INGO

14 Loss of Business by shops/business owners due to dislocation

Owner/ Operator of the business as recorded by the SES

i. Business Restoration Grant (BRG) to owners, renters and leaseholders assessed by PVAT

ii. Non tilted shop owners above the poverty line will not be eligible for business restoration grant

a. All persons recorded by the SES

b. Cash grant to be paid before leaving the project land

a. INGO/HDC b. HDC-CRO/INGO

15 Loss Of Income, Employment/ Work Opportunity Of Full-Time /Part-Time Workers

Workers of affected business as recorded in the SES

i. One time cash grant for 30/90 days at the rate of local wage rate (30 days in commercial area and 90 days in agriculture area)


b. Cash grant to be paid before taking possession of land

c. Involvement of the EP in Project civil works

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

16 Loss of Access To Utility Services Such As Piped Water Supply, Gas, Electricity, Sewerage Line, or Telephone.

Owner of the structure with utility services identified by SES

i. Cash grant as compensation for the utility facilities at Current Market Value assessed by PVAT

ii. One time Cash grant to transfer/re-installment the utility service to new location

a. Payment of compensation for the losses assessed by PVAT


c. APs will be fully

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

xiv

Sl No




informed about their entitlement and assisted in obtaining it

d. A transfer/ re-installment grant for identified utilities to each household/ structure owner (renter) will be paid during or after vacating the project sites

d. HDC-CRO

17 Loss of community facilities/common property including common forest resources by APs

Community as a whole where the APs will relocate

i. Cash grant as Compensation for structure

ii. Transfer Grant iii. Reconstruction/Improvement of

The Community Facilities/Common Property Resources

iv. Afforestation for the community to replace lost forest resources

a. Compensation based on PVAT and Prior Informed Consent of IPs affected

b. Cash grant for transfer /reconstruction of structure

a. HDC b. HDC-CRO/INGO

18 Adverse impact on APs/ community during and after Project implementation, such as impact of cross dams up and downstream; Landslide or uprooting trees due to hill cutting, water logging due to interrupted drainage etc.

Affected APs/ Community

i. Provision for compensation for loss at Current Market Value (RV);

ii. Additional community facilities (as needed)

a. Assessment of losses b. Compensation based on

PVAT c. Consult the community

for identifying additional facilities to mitigate the impact

d. Implement the mitigation programs

a. INGO/HDC b. INGO/HDC c. HDC-CRO/INGO d. HDC-INGO

xv

xv

Procedure for LARP Intervention

A project management office (PMO), with the support of the Project Implementation Consultants (PIC), will prepare LARPs during the preparation stage of candidate subprojects. These LARPs will be reviewed by the CHTRC/HDCs and submitted to ADB for review and approval. The LARF and LARP and PVM prepared for the one sample subproject will be a guideline and model for the preparation of subsequent LARPs and PVM exercises. The LARPs must comply with ADB's 2009 SPS, including consultation with APs, which will provide local understanding of the Project‟s safety net mechanism. The LARF has been disclosed to the affected community in Bangla in workshops in each of the three CHT Districts to obtain the views of APs and other stakeholders on the compensation and resettlement provisions as per Government laws and ADB guidelines, in Bandarban (2-3 November 2010); Khagrachari (10-11 November 2010); and Rangamati (24-25 November 2010).

Upon the clearance of the LARP by the DC and the Ministry of Land (MOL), a Grievance Redress Committee (GRC) will be formed at the Union level through gazette notification from MOCHTA to the District Project Management Office (DPMO). The HDC/PMO Chief Resettlement Officer (CRO) will be the Convener of the GRC. The Area Manager of the INGO will be Member Secretary. The Headman/Union Parishad Chairman will be a member. The GRC will include two representatives of APs (at least one woman). A Legal Advisor, from the Alternative Dispute Resolution Forums (ADRFs), will be included as an Observer to extend legal support to the committee to be deployed by the INGO and, if necessary, refer cases to ADR processing.

The HDC, upon (i) approval of the subproject from ADB and the Government; (ii) finalization of the Detailed Design (DD) by a private engineering company hired by CHTRC; and (iii) finalization of the LARPs, will prepare an LARP for legal titled land through the DPMO and submit it to the respective DCs for initiating land acquisition proceedings. The current market price will be determined through a Land Market Survey (LMS) conducted by the INGO. The INGO will assist in assessing land current market prices through obtaining formal land transaction data from the sub-region‟s Government offices and informal data from a community consultation in collaboration with the karbari/headman/elected of Union Parishad representative, and DPMO level Executive Engineers (EXNs). All compensation will be paid before APs move out from the acquired/required land, dismantle and remove structures, cut the trees and take away all the salvageable materials and before civil contract awards are given.

The LARF also endorses an income restoration strategy for SAPs. In addition to income restoration and cash assistance, the LARPs will include opportunities for Income Generation Activities (IGAs). SAP preferences for IGAs will be assessed prior to designing these income restoration measures provided for eligible SAPs. SAPs involuntarily displaced from their homes, more than 10% of their assets or income sources, and including non-titled persons affected by the Project, will receive priority access to the IGAs. Those losing their business will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of their client base. They will however receive a business restoration grant. The Project‟s MAD component will provide opportunities for SAPs to choose IGAs appropriate to their situation.

MOCHTA, through the CHTRC and the HDCs, has overall coordination, planning, implementation and financing responsibilities. The CHTRC fully recognizes the importance and complexity of the Project‟s resettlement programs. Therefore, the CHTRC will appoint an IP Safeguards and Resettlement Specialist (IPSRS) to the PIC and will hire an experienced INGO for LARP implementation, with clearly defined tasks including establishing an income restoration program. A senior HDC Social Scientist at the rank of Executive Engineer (EXN) will be

xvi

appointed as the Chief Resettlement Officer (CRO) to supervise the implementation work, with the help of HDC. For field work, IP-Led NGOs will be supervised by a nationally recognized INGO with extensive resettlement experience.

The Project Director (PD) will ensure cooperation between the CRO and the District administrations to carry out land acquisition. The Project will arrange capacity enhancement training, supported by the PIC, of LGED staff upon their deployment to carry out resettlement activities. The scope of capacity enhancement will include ADB resettlement policy and principles and will specifically focus on the differences between the provisions of the ADB policy and the relevant country laws. The awareness of these differences and the need to follow the provisions of the ADB policy are critical for successful implementation of the resettlement plan. The appointed INGO will open field offices in subproject districts, carry out information campaigns and involve APs, including women and vulnerable APs, from the very beginning in the implementation process. Private firms contracted by the PMO to prepare Feasibility Studies for subprojects will also prepare subproject LARPs based on Detailed Engineering Designs prepared by private engineering firms hired by the CHTRC. LARF Budget and Financing

The LAR budget will include all costs for acquisition of assets and costs associated with IR. The PIC will assess, through social appraisal of preliminary subproject designs, the losses and disturbances and determine their compensation at current market value to prepare a LAR cost estimate, including contingencies. HDC will further, upon appointment of the INGO, determine the replacement price of land and other acquired property for the subproject through the PVAT. All monitoring expenses are budgeted in the subproject costs. Appropriate funding provisions will be made for internal and external monitoring; and for any CHTRC capacity building training that might be required. Monies for all resettlement activities will be funded by the ADB loan and come through an Imprest Account.

The estimated LAR cost of all CHTRDP-II subprojects will be firmed up when the design of the subprojects has been finalized. Based on the background of the model subproject and review of already constructed LGED Upazila and Union roads, the entire amount for land acquisition, resettlement and rehabilitation is estimated to be $3,314,400. LAR costs for CHTRDP-II will be part of the loan, administered through the Imprest Account. Implementation Schedule

An experienced INGO will administer grants for common land, teamed with local IP-headed NGOs. Feasibility studies for additional subprojects, including LARPs, will be prepared within two years of subproject identification. The Project‟s Institutional strengthening and capacity building activities will commence in the first year of the Project; these activities will taper off towards Project completion. Subproject implementation will be conducted following a rolling program over the 7 year life of the Project. LARPs will be implemented before the award of civil award contracts. However, the implementation schedule for subprojects will be prepared considering any possible changes from the Detailed Design and DMS. Monitoring and Evaluation

PMO/HDC, through the PD at the PMO, will establish a monitoring system involving the CRO, the CHTRC, the PIC and the INGO for collecting, analyzing and preparing quarterly progress reports on the progress of LARP implementation. A Safeguards and Quality Management Cell (SQMC) will be established in the PD‟s office for this purpose. The Ministry of Chittagong Hill

xvii

xvii

Tract Affairs (MOCHTA) which is the executing agency (EA), through the PMO/HDC, will provide semi-annual and annual reports to ADB.

I. PROJECT BACKGROUND AND DESCRIPTION

1. Bangladesh is, by in large, a remarkably ethnically homogeneous country. The Chittagong Hill Tracts (CHT) is therefore an anomaly, with an indigenous population having more affinity to neighboring Myanmar (Burma) in the population‟s ethnic background. The Project is rated by ADB as Category A according to the Bank‟s 2009 Safeguards Policy Statement (SPS) and requires not only a Land Acquisition and Resettlement Framework (LARF), this document, but also an Indigenous Peoples Plan (IPP).1

2. Indigenous peoples (IP) ancestral land is an overlapping concern for both of these ADB safeguards documents, for compensation in the LARF and in the IPP for preserving IP rights to these lands. Because of this, the LARF goes into much more detail (see below) about, inter alia, the history, culture, ethnic makeup, and customary institutional, law and land management context than a project found elsewhere in Bangladesh, where the compensation and preservation of IP ancestral lands would not the pressing concern that it is in the CHT.

A. Background

3. The CHT is a geographically-isolated and ethno-culturally unique area situated in south-east Bangladesh, bordering India and Myanmar. The largest natural resource in the CHT is forest, about 325,000 hectares (ha) – about 25% of the total CHT area – is exclusively controlled by the Department of Forest. Shifting cultivation (jhum) is the dominant farming system in the lower and upper hills of CHT. Pressures on land during the past two to three decades have forced jhum farmers to reduce the fallow period. As a result of land degradation caused by reduced fallow periods, deforestation, loss of topsoil, and increased water runoff has serious implications on food security and environmental sustainability. There is an observed deterioration of spring flows over the past several years. The main causes are: (i) widespread degradation of natural dense forests which have drastically reduced in recent years. Between 1989 and 2003, an estimated 170,000 ha of dense forest, (approximately 50% of total forest area) was lost in CHT; (ii) large changes in land use; and (iii) changes in climate including reduced precipitation.

4. The area's population comprises IPs from 11 distinct ethnic groups and Bengalis, most of whom were settled under a Government of Bangladesh (GOB) -sponsored transmigration program. According to the most recent Population Census (undertaken in 1991) of CHT, the population was 974,447, of which about half were IPs and the rest Bengali inhabitants. The three largest IP groups are Chakma, Marma and Tripura. The incidence of hard-core poor is 44% for the IPs, which is 13% higher than for non-IPs. Average annual household income is 30% lower in CHT than that of the national average (of Tk84,000). Less than half of the CHT population has access to tube well water and to potable water. Water resources are generally scarce, on average 0.5 kilometer (km) from villages and of variable quality. Literacy rates are significantly lower than the rest of the country (60% of women are illiterate). In addition, CHT also has the lowest access to electricity at 13%. Communities are remote and mainly dependent on shifting cultivation.

5. The CHT is a region of particular significance for the Government of Bangladesh. The three districts Rangamati, Khagrachari and Banderban of CHT have high rates of poverty incidence and the region‟s complex socio-cultural and political context is quite different from the rest of Bangladesh. These combined facets of the CHT require focused and specifically targeted interventions to address the current development issues and problems faced by the region‟s population. The 1997 Peace Accord and the setting up of the Chittagong Hill Tracts Regional

1 ADB. 2010. TA 7432-BAN: Second Chittagong Hill Tracts Rural Development Project (CHTRDP-II). Draft Aide

Memoire of the Inception Mission 15–13 July.

2

Council (CHTRC) and Hill District Councils (HDCs) are primarily intended to respond to the region‟s development needs; however, many challenges remain to date.

6. Following the signing of the Peace Accord in 1997, ADB initiated development activities under ADB Loan 1771-BAN: Chittagong Hill Tracts Rural Development Project (CHRDP-I), a $30 million loan (approved in 2000 and effective in 2002). The loan objective was to help reduce the incidence of absolute poverty in CHT through developing basic physical infrastructure (including rural access roads) and expanding income and employment generating activities that would raise substantially the standard of living of the community. The Ministry of Chittagong Hill Tract Affairs (MOCHTA) was the executing agency (EA), the CHTRC was the lead implementing agency (IA) and the Local Government Engineering Department (LGED) was the implementing agency for the Project‟s infrastructure component. The loan closed in September 2009. A follow-on loan project, the CHTRDP-II, was identified and scheduled in the ADB Country Operations and Business Plan, 2009-2011.

B. Project Area: Chittagong Hill Tracts

7. The CHT is located at Southeastern corner of Bangladesh and bordered by Mizoram State of India and the Arakan of Myanmar in the East, Tripura State of India in the North, Chittagong District in the West, and Cox‟s Bazar District in the South. The CHT area covers approximately 13.3 thousand km2 of three hill districts (Rangamati about 6.1 thousand km2, Khagrachari about 2.7 thousand km2 and Bandarban about 4.5 thousand km2), which is about 10% of land area in Bangladesh. There are 25 upazilas and 111 unions in three hill districts. Rangamati District comprises 10 upazilas and 48 unions, Khagrachari District 8 upazilas and 34 unions, and Bandarban 7 upazilas and 29 unions. The population of the CHT in 2004-2005 was estimated at 1.31 million over all and the districts, Rangamati 514,000; Khagrachari 538,000; and Bandarban 258,000.

8. There are 12 ethnicities (11 IPs and the Bengali) living in the CHT. The 11 ethnic multi-lingual minorities are: Bawm, Chak, Chakma, Khyang, Khumi, Lushai, Marma, Mro, Pankhua, Tangchangya, and Tripura. The largest IP groups in the CHT are the Chakma, Marma, Tripura, Mru and Tanchangya, and together they make up about 90% of the region‟s IP population. The other IPs of the CHT are the Bawm, Chak, Khumi, Khyang, Lushai and Pankhua.2 These smaller IP groups are, overall, more vulnerable than the large ones due to their size and their remote location.3 See Appendix A for more details. These IP groups are also crosscut by differences in religious faith and practices. The Buddhists have historically constituted the majority religious group in the CHT, with much smaller numbers of Hindus, Christians, and worshippers of nature. However, none of the Hill peoples are Muslims.

9. The present ethnic and religious composition of the CHT is strikingly different from what it was a century earlier. In 1872, the CHT population had been almost entirely Pahari, or „hill

2 Halim, Sadeka; Raja Devasish Roy; Susmita Chakma; and Sudatta Bikash Tanchangya. n.d. Bangladesh: The

Interface of Customary and State Laws in Chittagong Hill Tracts. pp. 47-110. p. 50. The linguistic map of the Chittagon hills is extraordinarily complex. Most languages spoken here belong to the large language family known to linguists as Sino-Tibetan. The classification of languages within this family is contested and many individual languages are still very inadequately (or not at all) described in the scholarly literature. According to one classification, Sino-Tibetan languages in the Chittagong hills belong to the Burmic division (Mru, Khumi, Lushai, Pangkhua, Bawm, Sak, Khyeng, Marma) and the Baric division (Kok-Borok (Tripura, Riang/Brong)). The other major language family the in the Chittagong hills is the Indo-European family, represented by Chakma, Taungchengya and Bengali. Schendel, Willem Van; Wolfgang Mey & Aditya Kumar Dewan. 2001. Chittagong Hill Tracts: Living in a Borderland. Dhaka: University Press Ltd., p. 301.

3 Because the smaller groups are more vulnerable than the larger ones, the IPPF will specify a reserved number of

their villages included in the CHTRDP-II on a priority basis, as well as poorer and more remote communities, such as those in the Reserved Forests (RFs).

3

3

peoples,‟ some 98%. In comparison, the non-Paharis (mostly Bengali) accounted for a minuscule minority, only 2%. Even up to 1951-56, the various Pahari groups together accounted for 90% of the CHT population, with Bengalis comprising most of the remainder. However, by 1991, the share of all the IP hill peoples declined drastically to around half, or 51.4% of the CHT population. Correlatively, the share of Bengalis rose dramatically from around 9% in 1951-56 to 48.5% in 1991. By the 2001 Census, the IPs were only 44% of the total CHT population, only 36% of Khagrachari District‟s population and 48% of Bandarban District‟s population. Only in Rangamati District were IPs still the bare majority, at 51% of the district‟s population.

Table 6: IP and Non-IP (NIP) Population in CHT, by 20014

District IP % NIP % Total %

Bandarban 142,651 48 155,349 52 298,000 100

Khagrachari 192,647 36 333,353 64 526,000 100

Rangamati 257,679 51 251,321 49 509,000 100

Total 592,977 44 740,023 56 1,333,000 100

10. It is evident that the ethnic composition of the CHT has been profoundly transformed during the second half of the twentieth century.5 Trends of IP and non-IP population, as defined by ADB and in the United Nations Development Programme (UNDP) Socio-Economic Survey (SES) of 2007, are shown in the figure below.

Figure 1: Population Growth 1860-20106

11. Since the 1950s, a series of shocks has disrupted the social, economic and environmental conditions underpinning the survival of these ethnic minority groups and their

4 Formulated from Bangladesh Bureau of Statistics (BBS), 2001.

5 Adnan, Shapan. 2004. Paradoxical Aspects of Poverty and Development: The Case of Ethnic Minority Groups in

the Chittagong Hill Tracts of Bangladesh. Paper presented at Sixth ASEAN Inter-University Seminar on Social Development Universiti Sains Malaysia, Penang, 14-16 July.

6 Source: UNDP DF, UNDP SE 2009, for up to 1991 data points; BBS 2008, for 2001 data points, and extrapolated

from UNDP/BBS data using 15 percent increase over previous year for IP and 36 percent increase over previous year for non-IP based on previous average growth, for 2010 data point.

4

distinctive cultures. In particular, the region has witnessed continuing natural migration, massive state-sponsored transmigration of settlers from the plains, as well as counter-insurgency operations and ethnic domination backed by the security forces. It is in this context that certain kinds of development interventions have taken place in the region, impacting upon the state of poverty of the Hill peoples.

12. No socioeconomic information on the different tribal communities exists in the official government statistics but a comprehensive data collection took place during the project preparatory technical assistance (PPTA) Benchmark and Socioeconomic Survey completed October 2010. The Chittagong Hill Tracts Development Facility‟s (CHTDF‟s) Socio-economic Baseline Survey of the Chittagong Hill Tracts, 2009 has also been extensively used in preparing the LARF and IPP.7

13. The principal policy document that set outs the Government‟s strategy for redressing past social injustices,8 creating productive economic conditions and establishing a tribally responsive administration in the CHT, is the 1997 Peace Accord (see Appendix E for the full text).

14. The main features of the 1997 Peace Accord are:

The re-establishment in Bangladesh of tribal refugees who had fled to Tripura State in India during the insurgency war, the restructuring of the local government agencies to allow for an equal representation of the IPs,

The creation of a CHTRC which includes circle chiefs in its membership, and gives the CHTRC overall responsibility for development in the area,

The revision of the composition of the three HDCs which provide for a stronger representation of IPs and women and extends the authority of HDCs to cover land and land management, local police and tribal law and social justice,

Extension of the revenue base of the HDCs and an increase their development funds

The creation of a Land Commission (LC) to resolve the disputed land titles which in part led to the civil unrest; and

The establishment of MOCHTA.

7 Chittagong Hill Tracts Development Facility (CHTDF). 2009. Socio-economic Baseline Survey of the Chittagong

Hill Tracts. Dhaka: Human Development Research Centre (HDRC), April 8. 8 Greatest among these is the Kaptai dam flooded an area of 655 square km, inundating 22 000 ha of cultivable

land which was 40% of all such land in the CHT. The reservoir submerged 18,000 houses and displaced 100,000 indigenous people, 70% of which were Chakma. The dam also submerged the Rangamati town and the palace of the Chakma Raja (king). Kibria, Zakir. 2004. The Dam at Kaptaimukh in Bangladesh: Proposed Extension Plan and Issues of (Non-) Compliance. Paper Presented to the Dams and Development Project (DDP) Workshop

“Addressing Existing Dams,”, United Nations Environment Programme (UNEP), Nairobi, Kenya. June 14-16. Another was the state-sponsored transmigration of roughly 400-500,000 settlers from the plains and eviction of hill people during the 1970-80s, and finally to military occupation that took place during the IP insurgency, ending in 1997. Tens of thousands of indigenous peoples were forced to seek shelter in the remoter hill and forest areas, themselves causing pressure on existing inhabitants of those areas and depleting the available resources. The plains land settlers were given between 2.5 acres and 5 acres of land, and support in the form of rations, which is still being continued today; while the internally displaced are provided with no such assistance. The settlers also gained priority over land with some forest areas in Rangamati being de-reserved for them. Mostly land belonging to indigenous peoples under customary law was taken and given to Bengali settlers. The overall impact of the trans-migration programme upon the ecology and natural resources of the region was hugely destructive, leading to deforestation, over-cultivation, inadequate use of fertilizers, hill-cutting, landslides and soil erosion, and the contamination of rivers, lakes and other aquifers. Halim, Sadeka; Raja Devasish Roy; Susmita Chakma; and Sudatta Bikash Tanchangya. n.d. Bangladesh: The Interface of Customary and State Laws in Chittagong Hill Tracts. pp. 47-110.

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15. The Peace Accord was formally signed on December 2, 1997 between the Government and the Parbattya Chattagram Jana Sanghanti Samity (PCJSS),9 although some actions such as the repatriation of refugees had already begun. The following status of the Peace Accord is based on the Indigenous Peoples Development Plan (IPDP) of CHTRDP-I. It is telling that the status has not improved over the last decade, from 2000 when the IPDP was drafted to 2010.10

16. Over a decade on from the Peace Accord signing only a bare start has been made to the most of its proscribed actions, and their impact on the lives and livelihoods of the general population has been minimal. Many continue to express frustration that the Peace Accord had not led to an improvement in their prosperity or resolved the outstanding land issues. However, there remains a generally positive attitude that the CHT economic situation would improve if development funds were made available to rebuild the rural infrastructure and provide job opportunities.

17. The CHTRC has been established and its mandate has been legally secured in the Regional Council Act of 1998. Although the tribal and gender representation on the CHTRC is specified in the Peace Accord and its Act, its actual membership is to be elected by the elected members of the HDCs. This has not taken place as HDCs elections continues, over a decade later the compilation of a new voters list of land owners, which is being delayed by the large number of outstanding disputed land titles. Membership of both the CHTRC and the three HDCs is presently through Government nomination. There has been an inadequate administrative budget provision for the CHTRC and this has restricted staff recruitment and the CHTRC‟s ability to carry out its development and supervisory functions.

18. The HDCs were constituted along ethnic lines, as follows:11

Table 7: Ethnic Membership of Hill District Councils (HDCs)

GENERAL

Chairman 1 Tribal

General Councilors 30 (20 Tribal And 10 Non-Tribal)

Reserved Women Councilors 3 (2 Tribal & 1 Non-Tribal)

COMMUNITY WISE CHAIRMAN AND COUNCILORS

Chairman (Tribal) 1

Councilors 33

Tribal Women (Reserved) 2

Non-Tribal Woman (Reserved) 1

Non-Tribal 10

Chakma 10

Marma 4

Tanchangya 2

Tripura 1

Lushai 1

Pankhua 1

9 The Parbattya Chattogram Jana Samhati Samiti (Chittagong Hill Tracts People's United Party - PCJSS, or JSS for

short), formed in 1972 and lead the insurgency of indigenous peoples in the CHT. 10

ADB. 2000. Bangladesh: Chittagong Hill Tracts Rural Development, Indigenous Peoples Development Plan,

Supplementary Appendix E, page 1, Document Stage: Final Project Number: 32467, pp. 4-5. 11

Rangamati Hill District Council. 2003. Rangamaati Hill District Council in Brief. Rangamati, p. 10.

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19. The general amnesty for former tribal combatants has been apparently been satisfactorily executed, although there is a small group of tribals who remain vigorously opposed to the Peace Accord. The proposed reduction in army facilities continues, over a decade later, disputed by the PCJSS. No official figures are available from the army or the Government but the PCJSS report that only about 30 army camps out of the estimate 500 camps have been closed down. There continue to be regular newspaper articles on the harassment of tribals by the army and the PCJSS claim that the army is still protecting and promoting the settlement of Bengalis on tribal land.

20. The repatriation of refugees was started in March 1997 and is now said by the Government to be completed. About 12,000 families were re-established in the Khagrachari District by 2000, with each family receiving about 2 acres of land and Tk50,000 in cash. However, the Peace Accord clause providing 2 acres for every landless tribal family has not been fulfilled and there are a large number of internally displaced families (up to 50% of the total families in several thanas surveyed under the Project) who remain severely disadvantaged. These families are either eking out an existence in the remote parts of the Reserved Forests, or living with relatives and friends.

21. The LC has been established but is yet to become operational. The reasons for its inaction are unclear although there have been frequent changes in the Judge Chairmanship and the post is presently vacant. It is probable that the task of resolving the estimated 6,000 disputed land titles is professionally unattractive and the Government has had real difficulty in finding a willing Chairman to initiate the disputes process. The Peace Accord proposes a concurrent new land survey of the CHT area and this also has yet to begin.

22. MOCHTA has been established and a tribal Minister has been appointed. However, the Ministry is based in Dhaka and has no outreach staff in the CHT area. It also has no database on the CHT or any professional social, economic or technical staff. Its activities appear to be confined to general administrative matters arising from the presence of other ministries in the area.

C. Land Administration in the CHT

1. Customary and Government Land Administration

23. Land administration reflects the overall anomalous situation in the CHT of having three different types of Government administrative systems, which are often overlapping or conflicting in day to day operations. These are:12

The Self-Rule Government System Chittagong Hill Tracts Regional Council (CHTRC) Hill District Councils (HDCs)

General Administrative Governmental Organs Office of the Deputy Commissioner (DC) Upazila Parishad/Thana Union Parishad Pourasova

Traditional Administrative Structure Chief (Raja), Chief of Circle

12

Rangamati Hill District Council. 2003. Rangamaati Hill District Council in Brief. Rangamati, p. 43.

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Headman – Head of Mouza Karbari – Head of Village (Para)

24. The CHT Regulations of 1900 (popularly called, the CHT Manual) have since that time been the key legal reference for customary IP land administration, which falls under the latter category above. They define the region‟s administrative framework, revenue collection, power and authority of the traditional institutions (e.g. Circle Chief and Headmen) and justice system including the „tribal justice‟ system. The Regulations were amended a number of times (7 or 8 times; the last in 2003), but they still remain a key reference.

25. Under the CHT Manual (1900), the Headman is a key authority/institution at the mouza level in the land and revenue administration in the CHT. Headmen are comparable to the tehsildar in the plains.13 There are in total 356 mouzas in the CHT (Bandarban: 93, Rangamati: 136, Khagrachari: 127), with a headman having one or more mouzjas. For land titles and land acquisition, they are first contact and authority as the primary official for revenue collection. Their main authority and responsibility consists of, inter alia:

Collecting land revenue for depositing to the Government treasury; Collecting jhum tax from jhum families; Responsibility for looking after the land within the mouza. Keeping land records.

In matters of settlement, transfer, purchase or sale of landed property, and his consent is required;

Preparing jhum touzi14 annually and submits the same to the Circle Chief; Providing assistance in land disputes, survey, lease and transfer of Government

land; Settlement of minor civil and criminal disputes; Settlement of disputes brought by the people of the mouza to ensure justice

following the prevailing social norms and customs. Can impose a fine of up to Tk25.0;

Maintaining law and order and assisting administration and police in prevention of theft and other crimes;

Protecting forest and other resources; Communicating Government directives and policies to the inhabitants of the

mouza; Regulating jhum cultivation and cutting of bamboos and other trees; Maintaining of ferry ghats; Providing land allotment up to 30 decimal for homestead purpose; and Providing 1-year lease (eksona bandobasti) of fringe land.

26. The Circle Chief, also under the CHT Manual (1900), is the traditional the apex of a hereditary chieftainship system. They were first incorporated in the formal government structure by the British in the later part of 19th century. Considered „custodian and repository‟ of the traditional value system of the IPs, they hold primary authority in the land and revenue administration and also the traditional justice system as the authority over headmen and the traditional institutions. Their authority is recognized by law and in both the land acquisition and titling process, they play a pivotal role.

27. The DC, along with the ADC and the Land Record Office (LRO), used to enjoy, besides their usual administrative powers, very broad authority in almost every aspects of government‟s

13

Local revenue collector, at teshil level, Lowest union-level revenue unit comprising several mouza. http://webtest.dhaka.net/care/publication/Publication_2462160.pdf

14 Jhum Touzi refers to a statement containing some information relating to Jhum families and payment of Jhum tax

as well as other pertinent information.

http://webtest.dhaka.net/care/publication/Publication_2462160.pdf

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administration, far more extensive than their peers in the plains. However, following the establishment of the HDCs in late 1980s and particularly with the resulting administrative and governance framework of the 1997 Peace Accord, they enjoy a far reduced power. Nevertheless, they still are the „final authority‟ with regard to land titles and land acquisition.

28. HDCs are presently the key fulcrum of local decentralized administration. Land is one of the transfer subjects, which as yet has not been devolved to the HDCs by the Government. But they still can influence in very important way, all land transfers, titling and land acquisition. The CHTRC and LC do not play any direct role on land and revenue administration, including land titling and land acquisition; but they remain influential indirectly. The former as the embodiment of the PA gains and the latter for its eventual role in resolving the outstanding CHT land ownership disputes.

29. Many of the laws that apply to the rest of the country, including the Code of Civil Procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land Acquisition Ordinance, 1982 do not apply to the region. As stated above, the CHT Regulation of 1900 is the single most important law for the CHT and functions in the nature of a constitutional legal instrument that vets the application of other laws that apply to the region, among others, by specifying the nature and extent of application of those laws.15

2. Types of Land in the CHT

30. Reserved Forests (RFs) constitute the most important category of government-owned forest areas in the CHT, covering about a quarter of the region. In the CHT, they are also the only category of land directly administered by the Forest Department (FD). First declared in 1870s, in the subsequent decades further tracts were added, the most recent being in 1989-1992, the RFs comprise the major portion of land under the ownership of the Government. The FD is their custodian; all activities of the people including their entry in to the RFs are restricted and punishable under the Forest Act, 1927.

31. Remaining stands of natural forest in the CHT are confined to the northern Kassalong RF and Sangu RF. Large sections of the middle and southern Kassalong RF and the other RFs – apart from Sangu RF – were converted into planted woodlands, particularly for teak, beginning in the British period, and followed in the Pakistani (1947-1971) period and after the independence of Bangladesh in 1971, up to the present day. Due to the high price of teak, teak plantations are often badly affected by theft. The FD has planted pulpwood and other „softwood‟ species to provide raw material for paper and pulp industries, particularly around the industrial centers of Kaptai and Chandraghona within Rangamati District. In the creation of both of the above types of plantations, there has been a net loss of biological diversity, and denial of access of indigenous communities.16

32. From a regional CHT perspective, one can see differing situations in different parts of the forest areas. Very large parts of the RFs – particularly the central Reingkgyong RF – have

15

Other special laws that apply to the CHT include the CHT Land Acquisition Regulation, 1958, the Hill District Councils Acts of 1989, the CHT Regional Council Act of 1998 and the CHT Land Disputes Resolution Commission Act of 2001. Through the aforesaid laws and institutions, the primacy of the CHT indigenous peoples in governance, administration and development is ensured and entrenched up to a certain extent. In addition, the CHT Regional Council, and to a lesser extent, the hill district councils, enjoy the prerogative of framing regulations under the concerned laws (Act XII of 1998 and Acts XIX, XX and XXI of 1989, respectively) and of being consulted by the Government of Bangladesh concerning the framing of rules and the passage of Acts and Ordinances. Roy, Raja Devasish. 2009. The ILO Convention on Indigenous and Tribal Populations, 1957 (No. 107) and the Laws of Bangladesh: A Comparative Review. Geneva/Dhaka: International Labour Organization (ILO).


Interface of Customary and State Laws in Chittagong Hill Tracts. pp. 47-110.

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been denuded of large tree cover, most significantly since the 1970s. The situation in the northern Kassalong RF and Sangu RF has worsened too, both on account of logging of the remaining natural forests accelerated by connecting the road depot at Baghaihat Bazar in Kassalong RF and Alikwadang („Alikadam‟), near Sangu RF, to the national highway network, and the increase in settlements of conflict-affected internally displaced people. The FD manages these forests, although the FD does not appear to have any direct control over the more remote areas. Regional institutions and district and sub-district administrations have little or no role in the affairs of these areas. By default the communities residing in the remoter parts of these areas are left to manage their own affairs. Most depend upon swidden or jhum cultivation for their major source of livelihood, supplemented with limited cash income from the sale of spices, dried chili peppers, and cattle (including the semi-wild bison or bos frontalis).17

3. Another category of government-managed forests in Bangladesh are Protected Forests (PFs). However, the area of PFs – whose resources are protected through specific restrictions – is negligible in the CHT. Introduced in the 1960s as „game reserves‟ with the explicit objectives of conservation of fauna and flora, PFs are located mostly in Rangamati. The FD is the custodian; but unlike RFs, certain activities and as well movement of the local people is allowed in the PFs.

4. Unclassified state forests (USF) constitute the largest portion of land in the CHT and are considered by the Government to be „khas’ land owned by the Government, under the Land Ministry.18 However, some of the customary laws of the indigenous peoples concerning rights over natural resources are recognized through formal legislation, such as in the CHT Regulation of 1900, and the Hill District Council Acts of 1989, while others are regulated by customs that have never been clearly defined by law.19

5. No individual titles exist on the USF, but under CHT Regulations 1900, the USF are kept under the custody of Mauza Headmen; s/he is the first to be consulted by law in the case of their exploitation/utilization. In addition, the Headmen are vested by law for their management and exploitation and can give land titles to anyone, though in practice only local community members, for homestead lands. The CHT Regulations 1900 are the key legal reference in the CHT till date and define the region‟s administrative framework, revenue collection, power and authority of the traditional institutions (e.g. Circle Chief and Headmen) and justice system including „tribal justice‟ system.20

17

Halim, et al, Ibid. 18

Government, or Khas, land. The government has in its possession vast areas of land in the coastal region, where char areas (accretions) appeared from the bed of big rivers or sea by way of new formations. These were called khas land as were huge areas of land, originally belonging to big estates, but later vested in the Court of Wards in

due process of law and managed by government-appointed managers or agents. Added to these, were large chunks of land acquired by the government for railways and other big land-based projects. In addition, excess khas lands were vested in the government in consequence of state acquisitions. These khas lands were managed directly by the government through government appointed-managers or trustees (in case of trust properties) and/or by managers/ shebaits/mutwallis (in case of religious trusts, debottars or waqf estates). Further, land and buildings abandoned by their original owners, zaminders, as a sequel to the Partition of Bengal (1947) came within the management responsibilities of the government, first as abandoned property or wench properties and later, as 'enemy' properties after the Indo-Pakistan War in 1965. http://banglapedia.search.com.bd/HT/L_0047.htm. From a purely legal and technical point of view, the concept of khas land may not exist in the CHT, as understood by the definition of the East Bengal State Acquisition Act, 1950 where khas land means evacuee properties of the zaminders who left for India.


Interface of Customary and State Laws in Chittagong Hill Tracts. pp. 47-110 20

The Act was amended seven or eight times, the last in 2003, but still remains a key reference.

http://banglapedia.search.com.bd/HT/L_0047.htm

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Figure 2: Reserved Forest in the CHT

6. The most important category of community-managed forests is the mouza forest commons or village common forests (VCFs). Traditionally, every village had a parcel of land (some as big as several thousands of hectares) earmarked for domestic uses (and never commercial) of its produce, such as timber, fruits, and bamboos. These are mostly small (average 50-300 acres), consisting of naturally grown or regenerated vegetation. Once every village used to have of such „common forest‟, but they are rapidly vanishing. They are traditionally managed, protected and utilized by village communities under the leadership of the mouza Headmen and village karbaries (traditional elders). Under the laws specific to the CHT, the Headmen is responsible for USF maintenance and nurturance. The VCF are technically part of the USFs, but should be considered a separate category.

7. The existence of these forests is acknowledged in the CHT Regulation of 1900 (at Rule 41A), the main legal instrument for the administration of the region. A number of ancillary executive orders of the district administrations were passed during the British period (circa 1930s) and in the Pakistan period (circa 1960s), but have otherwise suffered from policy neglect since then (Roy & Halim, 2001b; Roy, 2004 b). Although the law does recognize the existence of VCFs, it does not recognize the full ownership rights of the community concerned, or provide express safeguards against alienation and privatization. This responsibility would appear to rest upon the mouza headman, without whose advice, land grants are generally not made in the CHT, although there are some notable exceptions.

8. The Forest Act, 1927 (as amended in 2003) is the key law on the administration of Forests in Bangladesh. For the CHT, it has a major impact, given that 25% of the region is RF and PF and, with the USF, this percentage is more than 60% of the CHT. Among these types of

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forest out of a total of 3,260 million acres, their proportion is: RF 24%; PF 1%; and USF 75%, the latter being both, according to the Government, khas land – but at the same time the customary land of the IP community used for jhuming, homesteads, and village community forests, among other livelihood usages. In terms of the ADB‟s IP policy (see below), these constitute the „customary rights of use and access to land and natural resources.‟

9. However, only about 40% of the IPs has some sort of „land title,‟ either deposited to the Headmen (but not registered with the Land Record Office under the DC or in other cases registered formally). Rehabilitation of Bengali settlers on „khas’ lands during the 1970-80s further complicated the problem of recognizing customary IP rights to these lands and natural resources.

D. Project Description

10. CHTRDP-II will improve rural livelihoods to reduce poverty and vulnerability amongst the rural population of CHT. More specifically, it will: (i) improve rural infrastructure and sustainable natural resources management and monitoring; (ii) increase rural incomes, including those of remote rural women and disadvantaged groups, through increased economic opportunities and activities; and (iii) support institutional strengthening of MOCHTA, CHTRC and HDC to plan, implement and monitor sustainable rural development in the three districts of CHT, Rangamati, Khagrachari and Banderban.

11. The Project design will continue and enhance the work of CHTRDP-I, taking into account the achievements and experiences of other development initiatives in the CHT such as those of numerous nongovernmental organizations (NGOs) operating in the CHT and the UNDP. The CHTRDP-I, for instance, helped reduce the incidence of absolute poverty in CHT by developing basic infrastructure and expanding income and employment generating activities that would raise the community‟s standard of living. CHTRDP-II will target rural poor in CHT, including IPs, women and other vulnerable groups. Given that the Project is Category A (under ADB categorization) for IP, there will be a requirement to undertake vigorous consultation and an inclusive approach for all elements of subproject planning, development, implementation and operation and maintenance (O&M) through a comprehensive social mobilization process.

12. The Project‟s goal is to reduce incidence of rural poverty in the CHT for which key indicators will be sustained increase in rural incomes and strengthening of CHT specific institutions to undertake their mandated role. The Project income is increased employment and income generating opportunity for rural communities of the CHT, which will be achieved through a range of activities including: (i) improvement of selective rural access (upazila, union and village roads); (ii) small-scale water resources infrastructure (village water supply and irrigation); (iii) watershed management; (iv) market infrastructure; and (v) micro agribusiness development (MAD). Monitoring indicators for the expected outcomes of the Project will include: (i) measurable increased economic opportunities for rural poor, especially women and vulnerable groups in IP communities; and (ii) improved watershed conditions, especially soil erosion and water conversation that will underpin the investments made in water and land improvement.

13. The Project comprises five components: 1) Institutional Development and Capacity Building; 2) Rural Roads; 3) Community Infrastructure; 4) Micro Agribusiness Development; and 5) Project Management.

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1. Component 1: Institutional Development and Project Management

14. The Project‟s EA is MOCHTA, while the lead IA is CHTRC and IA is LGED. The institutional strengthening component will focus on investing in agencies directly involved with the Project, including HDCs, the Project Management Office (PMO) and district-based Project offices (DPMOs). These agencies will be strengthened to better undertake their mandated roles through a combination of resource and skills enhancement for more sustainable development in the CHT.

15. Capacity building activities, to fill the „gap‟ between the present agencies‟ capacity levels and those necessary to fully support Project activities and undertake their mandated roles, will focus on: (1) both formal and „on-the-job‟ training; (ii) enhancement of any necessary office accommodation; and (iii) supply and installation of equipment including computers, and a limited number of vehicles and motorcycles. The scope of capacity enhancement will include ADB resettlement policy and principles and will specifically focus on the differences between the provisions of the ADB policy and the relevant country laws.

16. HDC, which has the mandated role of implementation of development activities in the CHT, will be strengthened by placing three Project sub-offices (PSOs), comprising Project implementation consultants, within each HDC. These will provide close technical support, provide „on-the-job‟ training and facilitate increased awareness of investment in development activities. It is anticipated that this will lead to sufficient strengthening to enable transfer of relevant subjects such as irrigation and environment.

17. Enhancement of staff numbers and increase of operational and maintenance budget will be the responsibility of GOB. Given that post-Project benefits and continued development of the region will depend on mechanisms for institutional sustainability and perpetuation of Project activities, the counterpart funding for the Project will undergo gradual transition to revenue budget. This may commence in Year 3 of the Project, from routine funding sources. This transfer of GOB funding source to revenue budget will be necessary to ensure that the positions trained staff are not terminated at the end of the Project, as was the case with CHTRDP-I.

18. Project Management support will be provided to the PMO and DPMOs, which will be established within CHTRC and to the PSOs located within the HDCs of the three CHT districts. The PMO will be headed by a full-time Project Director (PD) of at least Joint Secretary/Superintending Engineer grade. The PD will be: (i) based in Rangamati; (ii) preferably originate from the CHT; and (iii) will have prior experience of development project implementation.

19. To invigorate strengthening of technical skills and improve coordination of development interventions, there will be promotion of skills and technology transfer between PMO and CHTRC, and between PSO and HDC. This support will include the establishment and operation of the Safeguards and Quality Monitoring Cell (SQMC) within the PMO. The SQMC will provide independent third party monitoring and evaluation (M&E) during loan implementation and will comprise six specialists (two per district, one for Social and Environmental Safeguards and a Quality Control Monitor) to be recruited directly by ADB. The Cell will report to ADB and communicate findings to PD and CHTRC. The component will also support land acquisition and resettlement requirements of the Project, which are detailed in this LARF.

20. The cost of the Institutional and Project Management Component, including: (i) capacity development; (ii) land acquisition and resettlement costs; and (iii) safeguards and quality monitoring, is $1 million.

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2. Component 2: Rural Access and Market Infrastructure

21. This component will comprise construction of 166 km of rural access (upazila and union) roads (see Appendix 4 for complete list of outstanding roads), boat landings on Kaptai Lake and market infrastructure (locations of the latter two have yet to be identified). These will include a total length of 115 km rural roads that were selected by CHTRC and LGED in 2000 as part of CHTRDP-I, and not constructed due to withdrawal of $15 million funding of the Danish International Development Agency (DANIDA). Priority will be given to the completion of these roads which will be relatively lower investment cost and provide quick benefits at an early stage of loan implementation.

22. Outstanding roads which were not started require further consideration given that considerable time has passed since their selection. The prioritization of the remainder of the roads program will be assessed during Project implementation. These will be jointly reviewed by CHTRC, LGED and MOCHTA prior to finalization. For those roads considered to be unviable, suitable replacement roads may be identified. An assessment of technical and economical/financial viability will also be undertaken to ensure conformance with ADB social safeguard and environmental policies.

23. This component will be implemented by LGED through its district offices. At the planning stage, proposed road alignments including center-line and boundary lines will be reviewed and approved by the PD within CHTRC prior to the commencement of detailed design. Documents to be reviewed by the PD will record the names of all land users, land use and improvements, between and adjacent to, the boundary lines.

24. The ability of LGED to maintain completed roads will be a significant concern of the Project and prior to the commencement of each union or upazila road, LGED will be required to submit a maintenance plan for particular section of road. The Maintenance Plan will include details of equipment, manpower and source of budget for recurring annual maintenance costs. The maintenance plan will be submitted to the PD for inclusion in the quarterly progress reports.

25. The improvement and construction of union and upazila roads, apart from the usual concerns for compensation for land and improvements has the additional concern for security of land tenure. Improved access will significantly increase the value of land, the tenure of which may only be secured by customary rights. Given that about 60% of the population of CHT does not have registered land title there may be an increased risk of potential beneficiaries of losing their land. This will be safeguarded under the Project‟s LARF which will ensure that development activities undertaken by the Project do not inadvertently impact beneficiaries by making them worse off than their original status. In this case compliance with LARF will be a prerequisite to commencement of construction works. Based on using the latest Schedule of Rates, with an additional $1 million for market buildings, the cost of this component is $35 million.

3. Component 3: Community Infrastructure

26. The cost of implementing this component is $18 million. Activities are considered under the sub-components: (i) watershed management; (ii) village feeder roads/paths between and within villages; and (iii) small irrigation systems and water resources interventions.

27. The roads and the networks around them define the Project area where investments in infrastructure that will promote livelihood intensification and diversification will also be provided. Improved access and livelihood interventions will contribute to reduced income poverty in the rural areas of CHT. This also focuses on investment activities in an area determined by access locations in order to have maximum effects on income poverty. Along with improving access to

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markets, investments having a potential for replication are likely to have more clustered benefits. A detailed village selection methodology was developed under the ADB Consultation Mission in January 2010.

i. Watershed Management

28. Population pressures and widespread illegal logging have resulted in rapid deforestation and watershed degradation. Between 1989 and 2003, an estimated 170,000 Ha of dense forest (approximately 50% of the total area of dense forest) was lost in the CHT. The most severe condition was observed in Khagrachari District (approximately 95% loss), a likely consequence of changes in agricultural practices and scale.

29. Project watershed investment are public works and not intended to benefit any one household, although of course the benefits of implementing water and soil conservation measures will be accrued at the household level, both in the watershed and downstream of the watershed. A sample watershed was identified in Wagga Para to understand more about the issues faced by the community with regards to watershed management.

ii. Village Feeder Roads

30. This component undertakes village Type A (village to union) and Type B (village to village) feeder roads. In addition, paths and steps are to be constructed in steep places to facilitate transit between and within villages. The intention is to promote improved year round access for: (i) pedestrians; (ii) bicycles; (iii) motorcycles; and (iv) motorized three-wheelers. Improved access support access to health services, schools, and markets and provide increased economic opportunity. This view was supported by community consultation during project preparation in which it was also indicated that most villages are likely to prioritize improvement of a number of short lengths of village track, mostly from 500 m to 5 km. These and other small access improvements such as footpaths, hillside stairs, drains, culverts and footbridges are included as outputs of this component. Interventions are community identified, designed and implemented by the community with support the PSO located within the HDC office. Small activities are undertaken following Labor Contracting Society (LCS) principles which provide temporary employment and income for villagers, including women.

iii. Small-Scale Water Resources Interventions

31. Based on topographical information for CHT and the CHT Regional Development Plan,21 it is estimated that about 72,000 ha of land within CHT is under permanent cultivation of which 41,000 ha is potentially irrigable. The land area categorized as irrigable is very scattered due to the nature of the topography and the small watershed distribution. The size of such irrigable land varies from less than 1 ha up to around 15 ha. Any irrigation system developed by the project would be categorized as „micro-irrigation‟. As such it is not viewed within the domain of LGED which has national responsibility for irrigation systems up to 1,000 ha in size, but rarely involves itself with systems less than 50 ha in area. Taking into account the amount of irrigation development it appears that the availability of irrigable land for development of irrigation systems by the Project could be in the order of 12,000 ha. These interventions could include the construction of small diversion weirs, use of low lift pumps and micro-irrigation.

21

ADB. 2001. Chittagong Hill Tracts Regional Development Plan (ADB TA # 3328 - BAN) Final Report No. 13: Legal

Issues in the CHT. Rangamati: KIT in association with SODEV Consult, CDP, ARCADIS EUROCONSULT, DPC. February.

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4. Component 4: Micro Agribusiness Development (MAD)

32. Improved access for remote communities to major roads and markets catalyzes opportunities for enhancing production, employment and marketing; helps increase household income and expenditure; and improves access to social services such as education and health. However, rural roads are necessary but not sufficient to harness inclusive socio-economic development. The CHTRDP-II therefore takes an area-based approach where judiciously selected rural road construction will be coupled with other interventions such as community infrastructure and agricultural market development to maximize the project impact on poverty reduction. MAD component aims to increase income of the poor households in CHT by providing opportunities for them to participate in income enhancing farming activities.

33. The objective of MAD is to increase the income of poor households by promoting the development of market-driven micro agribusiness in four selected products, namely: (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market facility development (to be financed under the rural roads component of CHTRDP-II) and action research on potential high-value crops such as spicy leaf.

34. MAD will achieve the above objective through: (i) productivity improvement through production and market related interventions; as well as (ii) income source diversification. First, the Project will improve productivity of existing products by increasing sales revenue through market related interventions, and reducing the production cost and increasing; production through production related interventions. Second, the Project will help farmers diversify their income sources by introducing new products or developing high potential products. The activities of this component cost $4.5 million.

II. POTENTIAL SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)

35. Not all the CHTRDP-II components above will have land acquisition and resettlement (LAR) impacts. The two with LAR impacts are: Component 2: Rural Roads and Component 3: Community Infrastructure.

A. Rural Access and Market Infrastructure (Project Component B)

36. Table 8 below summarizes estimated road LAR impacts for the Project. Union roads constitute 34% of the total length (km), village (access) roads and upazila roads at 46% and 20% respectively, of a total 306 km. Widening the roads will require an estimated 270 acres overall, 74 acres (27%) for union roads, 95 acres (35%) for village roads, 93 acres (35%) for upazila roads, and roughly 8 acres for development of roadside marketing facilities under the MAD subcomponent. It isn‟t expected that village roads or the MAD subcomponent will require displacement of structures, but union and upazila roads will displace an estimated 79 (45%) and 96 (55%) structures, constituting 39,375 ft2 and 48,190 ft2, respectively. An estimated 20,400 trees will be acquired for widening the three road types, 31%, 23%, and 46% respectively for union, village, and upazila roads and possibly just less than one% for developing markets, though it‟s likely that trees already on these sites will remain for providing shade.

37. Overall, there will be an estimated 1,141 APs for the three types of road, 457 APs (40%) for union roads, 280 APs (25%) for village roads, and 401 APs (35%) for upazila roads, and maybe 3 APs for market development, although these are likely to be developed on existing, informal market sites. Of these APs, some 341 are likely to be SAPs.

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38. Table 9 below indicates the unit/km used to calculate the above estimated LAR impacts. As there were no detailed designs for CHTRDP-II roads to be widened, these are based on due diligence visits to four CHTRDP-I roads in Rangamati, Khagrachari and Bandarban Districts.

39. During CHTRDP-I, union roads were, on average, originally 3-5 ft,22 widened up to 18 ft, 1-10 ft on each side, for hill cutting up to 15 ft on hill sides. They were thus, on average, 13 ft wider, 6.5 ft each side. The upazila roads original RoWs were 5-6 ft, widened up to 24 ft, 2-16 ft on each side, and for hill cutting up to 20 ft on hill side. They were thus, on average, 18 ft wider than the original RoW, and 9 ft each side.23

40. Appendix A has district maps of the completed/incomplete upazila and union roads and a list of the roads.

41. The Micro Agribusiness Development (MAD) will support market facility development (to be financed under the rural roads component of CHTRDP-II). About 100 market facilities are estimated, totaling about 8 acres. These roadside markets will be about 15.5m x 18.5m each, including 7.5m x 15m market sheds, toilets, and parking space for uploading agricultural products. For budgeting and planning, these MAD LAR impacts will be equivalent to black top roads, though it expected that the requirement of trees and structures will be minimal or nonexistent, APs will be very few, and there would be no SAPs, since these markets are more often than not on existing, informal marketing sites. These LAR impacts are included in Table 8.

Table 8: Summary Estimated LAR Impacts CHTRDP-II Roads

Roads Km % Land

(Acres) %

Trees (No)

% Structures

% APs

% SAPs

(No) (sq ft) Land Structure Total

Union Roads

105 34% 74 27% 6,248 31% 79 39,375 45% 378 79 457 40% 137

Village Roads

140 46% 95 35% 4,750 23% 0 0 0% 280 0 280 25% 84

Upazila Roads

61 20% 93 35% 9,333 46% 96 48,190 55% 305 96 401 35% 120

MAD Markets

-- -- 8 3% 70 0% 0 0 0% 3 0 3 0% --

Total 306 100 270 100 20,400 100 175 87,565 100 966 175 1,141 100 341

Table 9: Estimated LAR Impacts CHTRDP-II Roads, with Unit/Km

Category Km Unit/Km Total

Upazila Roads 61

· Land (in acres) 1.53 93

· Trees 100 6,100

· Structures (Each = 1 AP), (in sq ft) 1.58 48,190

· Land Losing APs 5 305

Total APs (Land/Structure) 401

SAPs 120

Union Roads 105

· Land 0.98 103

22

These figures and units were provided by LGED officers and village informants. Approximate metric conversions are given in footnotes. 3-5 ft = 0.9-1.5 m; 18 ft = 5.5 m; 1-10 ft = 0.3-30 m; 15 ft = 4.6 m; 13 ft = 4 m; 6.5 ft = 2 m; 5-6 ft = 0.9-1.8 m; 24 ft = 7.3 m; 2-16 ft = 0.6-5 m; 20 ft = 6 m; 18 ft = 5.5 m; 9 ft = 3 m.

23 Union Roads at 197 Km were 646,325 Feet x 13 Feet or 8,402,225 Ft

2, equaling 193 acre. Upazila Roads at 56

Km were 183,727 Feet x 18 Feet, so 3,307,086 Ft2, equaling 76 acre. With use of:

http://www.onlineconversion.com

http://www.onlineconversion.com/

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Category Km Unit/Km Total

· Trees 85 8,925

· Structures (Each = 1 AP) 0.75 39,375

· Land Losing APs 3.6 378

Total APs (Land/Structure) 457

SAPs 137

Village Roads 140

· Land 0.7 98

· Trees 50 7,000

Land Losing (Total) APs 2 280

SAPs 84

TOTAL ROADS 306

Notes: a Per Km units are based on due diligence visits to CHTRDP-I Roads.

b 1.4 acres = 0.6 Ha; 1 acre = 0.4 Ha; 0.7 acres = 0.3 Ha; 500 ft

2 = 46.5 m

2; affected land is approximately 40%

rice, 60% hill on average, 0.75 structures @ 500 sq ft affected.

42. In the absence of finalized rural road designs and to facilitate preparation of social safeguard outputs for CHTRDP-II, the TAC were advised by ADB to review similar, CHTRDP-I roads and assess resettlement impacts. The TAC undertook field consultation to fully ascertain benefits and impacts of improved access and also review methodology for the implementation process. In doing so, it became apparent that there were many impacts in contrast with expected safeguard standards under ADB‟s resettlement of the time. Accordingly, as well as estimating the potential impacts for CHTRDP-II, which enabled the budget and scope to be prepared, a due diligence report to recommend resolution of any outstanding grievances under CHTRDP-I was prepared. This, together with a suggested framework for retroactive LAR activities, is now with the ADB‟s BRM for their further necessary action.

43. Because of the lack of engineering designs, four upazila and union roads were visited to obtain an idea of the LAR impacts. More specifically, the TA consultants wished to determine specific measurements for LAR impacts per kilometer for preparing an LARF budget for CHTRDP-II. Some indicative figures from the CHTRDP-I roads visited, for preparing an LARF scope of impacts and a budget are:

4-5 HHs/km losing land 0.5 acres/Km (40% rice, 60% Hill) A rough estimate of Tk52,000/km rice land and Tk33,000/km hill land, equaling

Tk85,000/km (2010 Prices) 1.5 structures/km shifted, including residences and shops, at a rough cost

estimate of Tk250,000 per structure (not including shifting allowance) Numerous teak, fruit and timber trees (so far no per/km estimate, though about

100 teak trees were lost over 3 km within one IP village along the Kawkhali H/Q-Ghagra Bazar Upazila Road)

Loss of livelihood for ferry operators after construction of bridges.

44. Because, in CHTRDP-I, implementation under ADB‟s 1995 IR Policy was found on review to be far from satisfactory, during the CHTRDP-II LARF implementation, grievances lodged by APs under CHTRDP-I will be processed by ADB‟s BRM following the LARF guidelines. In such cases, the BRM will prepare if necessary a Retrofitted Land Acquisition Plan (R-LARP) for CHTRDP-I subprojects or coordinate with relevant government agencies to

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address the grievances of APs on a case by case basis. Addressing historical grievances will be outside the scope of this LARF, however a process has been recommended in conjunction with the preparation of this LARF for assessing historic LAR costs using a community consensus methodology.24

B. Community Infrastructure (Project Component C)

45. Community infrastructure components that will have potential LAR impacts are shown in the table below:25

Table 10: Estimated Small Community Infrastructure Components for Approximately 3,000 Subprojects under CHTRDP-II

Components Estimated Number

Components for CHTRDP-II

Cross Dam 365

Irrigation Drain 175

School 143

Health Centre 47

Foot Bridge 46

HBB/BFS Road 34

Hostel 30

RCC Stair 19

Katcha Road 10

U-Culverts 10

Retaining Wall 7

Community Centre 6

Small Market 3

Total 895

46. During the PPTA for the Project, six subprojects were chosen from a list from CHTRDP-I representing CHT geographic variability (fringe lands, hills, plains) and ethnic groups, including IPs and non-IPs were selected as pilot models that would later be replicated across the CHT. The six selected pilot subprojects are shown in Table 11.

24

This has been tested in preparing an R-LARP for the Wagga access road. In this context, the LAR Framework proposes a consultation framework to obtain free, prior and informed consent of affected IPs groups, as CHTRDP-II will acquire ancestral lands of the IP groups which has and will lead to physical displacement of such groups or individuals, through constructing Upazila and Union Roads that have considerably widened the original RoW along their entire lengths.

25 A fuller list of interventions identified during the PPTA includes: Irrigation: Cross Dam, Irrigation Drain; Agriculture:

Electric Motor Pump, Pond, Pump Machine, Power Tiller, Paddy Thresher, Tarmac Thresher, Sprayer; Drinking Water: Ring Well, DSP Tube Well, Shallow Tube-Well, GFS; Education: School, Hostel; Paths/Access: Foot Bridge, RCC Stair, Katcha Path, HBB/BFS Path, U Drain, Retaining Wall, Engine Boat; Social Infrastructure: Health Centre, Community Centre, Cyclone Centre, Sewing Machine, Solar Panel, Small Market, HH Latrines.

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Table 11: Six Pilot Subprojects Chosen During the PPTA for Community Development

Feasibility Studies, to be Replicated for CHT under CHTRDP-II

Location Ethnicity

Plains

Lake Fringe

Hills

Chakma

Marma

Tanjanchya

Tripura

Mro

Bawm

Bengali

RANGAMATI

1 Jibatali Headman

X X

2 Sapchari para at Wagga

X X

KAGRACHARI

3 Chitta Member Para

X X

4 Juiggyachola X X

BANDARBAN

5 Chemidulu Para

X X

6 Kafru Para X X

47. The Project will follow a „felt needs‟ approach to identify community development infrastructure components to be built in CHT villages (paras). During the PPTA, the six subprojects chose the infrastructure components shown in Table 12 below, and feasibility studies were carried out for each subproject.

Table 12: Felt Needs at Six Pilot Subprojects under CHTRDP-II

Components

Rangamati District Bandarban District Khagrachari District

Sapchari para at Wagga

Jibatali Headman Para

Chemidulu Para

Kafru Para

Chitta Member Para

Juiggyachola

Cross Dam Needed

Irrigation Drain Needed

School

Hostel Needed Needed

Foot Bridge

RCC Stair Needed

Katcha Path

HBB/BFS Path Needed Needed Needed Needed Needed

U Drain Needed Needed Needed Needed

Retaining Wall Needed Needed Needed Needed

Access Road26

Needed Needed Needed

Health Centre

Community Centre

Small Market

48. From the feasibility studies, and also from experience in CHTRDP-I, very little land acquisition will be required for small community infrastructure components, and in point of fact,

26

These are Category A and B Village Access Roads with necessary bridges, to be included under LGED, rather than within Community Infrastructure.

20

none was required for these six pilot subprojects. Nevertheless, a budget will be prepared to cover any potential LAR impacts during Project implementation where the envisaged approach of community provision of land for community infrastructure, or direct negotiation where there are very few APs, is not possible. From the table below, an estimated 750 acres may be required for cross dams for small-scale irrigation if these types of infrastructure are selected by communities, and another 50 acres for all other community structures, such as schools, health and/or community centers, and small markets (under MAD). It is likely that much of the locations will be on community land or will be given through local donations. The number of APs may be 1,580, with likely no SAPs.

Table 13: CHTRDP-II Village Infrastructure Estimated LAR Impacts

Village Infrastructure Units Total Acres Total APs

Cross Dams, including Canals 375 750 1,500

Community Structures27

20 50 80

TOTAL 395 800 Acres 1,580 APs

49. As community infrastructure will be built for community benefit, village infrastructure will be built, to the extent possible, on common/community land. Where this isn‟t possible, land donations will be permissible if overseen by the INGO to assure no coercion is involved, and communities may negotiate on a case by case basis directly with owners of land to provide compensation through the Project if this appears to be the only alternative. The procedure of land donation and direct negotiation, including the requirement of due diligence reports (DDRs), is outlined below under LARP implementation arrangements.

50. The following table summarizes land (acres), structures, trees, APs and SAPs for all CHTRDP-II project components. Overall, with rounded figures, there may be about 1,070 acres acquired, some 270 acres requiring compensation along roads and approximately 800 acres under community infrastructure and donated by communities, some 175 structures comprising 87,565 ft2, 20,400 trees, 1,141 APs, roughly 341 SAPs.

Table 14: All Estimated LAR Impacts, CHTRDP-II

Project Area

(Acres)

Structures Trees

APs

SAPs No sq ft

CHTRDP-II 1,070 175 87,565 20,400 1,141 341

III. OBJECTIVES AND LAR POLICY

A. CHT Legal Framework

51. Many of the laws that apply to the rest of the country, including the Code of Civil Procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land Acquisition Ordinance, 1982 do not apply to the region. The CHT Regulation of 1900 is the single most important law for the CHT. The Regulation functions in the nature of a constitutional legal instrument and vets the application of other laws that apply to the region, among others, by specifying the nature and extent of application of those laws. Other special laws that apply to the CHT include the CHT Land Acquisition Regulation, 1958, the Hill District Councils Acts of 1989, the CHT Regional Council Act of 1998 and the CHT Land Disputes Resolution Commission Act of 2001.

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Including MAD market structures

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52. The Acquisition and Requisition of Immovable Property Ordinance (ordinance II of 1982) and its subsequent amendments in 1993 and 1994 provide the current legal framework in Bangladesh outside the CHT governing land acquisition for public purposes The 1982 Ordinance covers all cases of acquisition and requisition of immovable property (i.e. land, crops, built structures) for any public purpose or in the public interest. This Ordinance does not cover Project APs without title or ownership records, such as uthulies (informal settlers/squatters/encroachers), or khas land cultivators.28 Further, in most of the cases the compensation paid does not constitute market or replacement value of the property acquired.

53. Land acquisition in the CHT is under a different legal framework from the rest of Bangladesh. The CHT has had the status as a special region since the British period. Most of the land in the CHT belongs to the Government either as reserve forest (RF) or as unclassified state forest (USF). The Chittagong Hill Tract Regulation I of 1900 was the sole legal instrument for the governance and administration of the CHT. Under the regulation the DC could reoccupy land even though settlement of the same might have been given earlier. The regulation prescribed payment of compensation for various interests in the case of land acquisition.29

54. With the impending Kaptai hydro project dam construction, the Government found it expedient to clarify the government‟s authority for acquisition of a huge tract of land that would be inundated, the Government replaced parts of the CHT Regulation I of 1900 with the CHT (Land Acquisition) Regulation, 1958, which remains as the most important legal instrument for the government with regard to land acquisition in the CHT (See Appendix B for an unofficial translation the Regulation). After the 2 December 1997 Peace Accord between the Government and the PCJSS, several provisions of the Local Government Acts of 1989 were amended, so that the Government cannot acquire land owned by an individual as per CHT Regulation 1 of 1900 or under any rules of the Regulation without consultation with the HDC (Section 64).30 While the CHT Land Acquisition Regulation 1958 applies to the CHT, no rules were developed to describe how the Regulation would be applied in day to day land acquisition cases, so the

28

Government land. The government has in its possession vast areas of land in the coastal region, where Char areas (accretions) appeared from the bed of big rivers or sea by way of new formations. These were called khas

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

http://banglapedia.search.com.bd/HT/L_0047.htm 29

ADB; GOB, Ministry of Land. 2007. TA 4517-BAN, Development of a National Policy on Involuntary Resettlement. Draft Final Report. Annex 1: Review of Land Laws and Regulatory Framework. Dhaka: Halcrow Group Limited,

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

30 The Hill District Councils (Bandarban, Rangamati and Khagrachari) Act, 1998 (along with the Schedule – 1) is a

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

http://banglapedia.search.com.bd/HT/C_0135.htm

http://banglapedia.search.com.bd/HT/R_0048.htm

http://banglapedia.search.com.bd/HT/W_0018.htm

http://banglapedia.search.com.bd/HT/A_0002.htm

http://banglapedia.search.com.bd/HT/L_0047.htm

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rules developed for the Land Acquisition Ordinance 1982 are applied to the CHT as well as to the rest of Bangladesh.

B. ADB’s Involuntary Resettlement Policy

55. The ADB‟s 2009 Safeguard Policy Statement (SPS) summarizes Involuntary Resettlement Safeguards, as follows:

SPS Involuntary Resettlement Safeguards

Objectives: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.

Scope and Triggers: The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of:

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

protected areas

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

Policy Principles:

Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

Carry out meaningful consultations with affected persons, host communities, and concerned NGOs. (i) Inform all displaced persons of their entitlements and resettlement

options; (ii) Ensure their participation in planning, implementation, and monitoring and

evaluation of resettlement programs; (iii) Pay particular attention to the needs of vulnerable groups, especially

those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations;

(iv) Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons‟ concerns;

(v) Support the social and cultural institutions of displaced persons and their host population; and

(vi) Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

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

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

(ii) Prompt replacement of assets with access to assets of equal or higher value;

(iii) Prompt compensation at full replacement cost for assets that cannot be restored; and additional revenues and services through benefit sharing schemes where possible.

Provide physically and economically displaced persons with needed assistance, including the following: (i) If there is relocation, secured tenure to relocation land, better housing at

resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities

(ii) Transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and

(iii) Civic infrastructure and community services, as required.

Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas, provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

Prepare a resettlement plan elaborating on displaced persons‟ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

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

Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project‟s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

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Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

C. Project’s LAR Policy

56. In 2007, a draft National Policy on Resettlement and Rehabilitation (NPRR) was prepared under the Ministry of Land with the help of an ADB technical assistance (TA). The NPRR is designed to address and mitigate both Project and non-Project, i.e. river erosion and slum eviction, induced impacts and displacement with provision for appropriate assistance and rehabilitation. The NPRR is based on the premise that for achieving overall socioeconomic development it is imperative to safeguard the interest of those affected who cannot absorb the risks and costs of national development. This policy is still in the process of evaluation and approval by the Government. As a result the 1982 Ordinance is still being followed for all the cases of land acquisition and requisition throughout Bangladesh, with the exception of the CHT, where the CHT (Land Acquisition) Regulation, 1958 applies.

57. In the absence of an approved Government policy consistent with the ADB‟s recent 2009 SPS, this Project-specific LARF has been prepared. The LARF will apply to all subprojects to be prepared and approved under the Project. This will ensure that APs impacted by land acquisition – whether it is owned land or occupied through formal or informal agreement or without any title or agreement – will be eligible for appropriate compensation covering replacement value of their assets.

58. The LARF reflects the Government land acquisition laws/regulations as well as the ADB‟s recent SPS, which covers environmental, involuntary resettlement and IP polices. The LARF stipulates eligibility and provisions for all types of losses, including land (and in this Project, IP Common Land), crops, trees, fisheries and fish ponds, structures, business, employment (workdays and wages) and social infrastructure.

1. Gap Analysis

59. As indicated in Table 15 below (SI No. 2), GOB land acquisition ordinances, or cash compensation under law (CCL) does not recognize loss of customary land by IPs, whereas ADB SPS and the adopted Project policy do at replacement value (RV). GOB ordinances do not compensate for loss of house or other build structures on others land, whereas the SPS and CHTRDP II policies do (SI No. 7). The same is true for loss of property on without titled land; the right of owners to keep salvageable materials; provision of shifting costs for relocation; loss of workdays, income, employment (i.e., wage labor) due to dislocation and relocation, loss of access to work; assistance to improve or at least restore former living standards, income and productive level; income restoration assistance to women/vulnerable people; and assistance for restoration of community land/forest/facilities (SI Nos. 8-14).

60. ADB policy requires that APs and affected communities will be compensated and assisted through replacement of acquired land, property, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost as guided by the ADB‟s SPS. In the continued absence of a National Resettlement Policy in Bangladesh, the SPS will form the basis for the Project‟s LARF.

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Table 15: Types of Losses Eligible for Compensation under GOB/CHT ordinance, ADB Policy and Applicable in CHTRDP II

Sl No Types of Losses/Assistance Eligible for

Compensation GOB

Ordinance ADB

Policy CHTRDP II

1 Loss of Land by Title Owners, RV/ CCL Yes (CCL) Yes (RV) Yes (RV)

2 Loss of Land by Customary Land Owners (IP) No Yes (RV) Yes (RV)

3 Loss of Property on Titled Land Yes (CCL) Yes (RV) Yes (RV)

4 Loss of House or Other Build Structures on Owned Land

Yes (CCL) Yes (RV) Yes (RV)

5 Loss of Crops Yes (CCL) Yes (RV) Yes (RV)

6 Loss of Trees, Perennials And Ponds Yes (CCL) Yes (RV) Yes (RV)

7 Loss of House Or Other Build Structures on Others Land

No Yes Yes

8 Loss of Property on Without Titled Land No Yes Yes

9 Salvageable Materials No Yes Yes

10 Shifting Cost for Relocation No Yes Yes

11 Loss Of Workdays, Income, Employment (i.e., Wage Labor) Due to Dislocation and Relocation, Loss of Access to Work

No Yes Yes

12 Assistance to Improve or at Least Restore Former Living Standards, Income and Productive Level

No Yes Yes

13 Special Income Restoration Assistance to Women/Vulnerable People

No Yes Yes

14 Assistance for Restoration of Community Land/Forest/Facilities

No Yes Yes

CCL = cash compensation under law; IP = indigenous people; RV = replacement value.

61. This LARF has been adopted to provide guidance on the Project‟s resettlement and rehabilitation issues in one sample subproject, and this will be a model for all future subprojects to be prepared for this ADB-financed Project. This will ensure that persons affected by land acquisition, whether titled or non-titled, will be eligible for appropriate compensation/ resettlement benefits. Persons having no legal title but using the land – if acquired for Project use – will be provided with compensation and resettlement benefits for structures and assets. The customary rights to land and physical property will also be recognized for: IPs using any forest or khas land; for lessees of homestead, agricultural and commercial land; sharecroppers, and renters of land and structures. Compensation will also be extended to APs for loss of any asset including structures, fences, trees, plants or crops.

62. The LARF also endorses an income restoration strategy for SAPs. In addition to cash assistance, the LARPs will include opportunities for income generation activities (IGAs) for SAP income restoration. SAP preferences for IGAs will be assessed prior to designing these income restoration measures provided for eligible SAPs. SAPs involuntarily displaced from their homes, more than 10 percent of their assets or income sources, and including non-titled persons affected by the Project, will receive priority access to the IGAs.31 The Project‟s MAD component will provide opportunities for SAPs to choose IGAs appropriate to their situation. MAD‟s objective will be to increase the income of poor households, with SAPs receiving priority through LARP budgetary provisions in addition to the existing MAD budget, by promoting the development of market-driven micro agribusiness in four selected products, namely: (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market facility development (to be

31

Those losing their business will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of their client base. They will however receive a business restoration grant.

26

financed under the rural roads component of CHTRDP-II) and action research on potential high-value crops such as spicy leaf. Other options may be offered through NGOs, such as in nurseries and livestock.

63. The Project‟s resettlement planning and implementation will be carried out in full consultation with the APs, and all efforts will be made to minimize disruption during Project implementation. AP‟s preferences will be taken into account in the selection of alternative relocation sites (if any). A census will be conducted once the details of subproject works have been identified. The date of the census will become the Cut-Off Date for resettlement benefits and any encroachers or informal settlers after the date will not be entitled to resettlement benefits. For the title-holders, in absence of any Rules for the CHT 1958 LA Regulation, notification by the DC under Section 3 of the 1982 Ordinance, will constitute the Cut-Off Date, which will be disclosed to the APs.

64. In summary, the LARF will establish a dual process of acquiring land for the roads32. One process will be through CCL following the CHT LA 1958 Regulation, in conjunction with the Local Government Acts of 1989 amended so that the Government cannot acquire land owned by an individual, as per CHT Regulation 1 of 1900, without consultation with the HDCs. This process will go through the DC‟s office, which is standard throughout the rest of Bangladesh following the 1982 Land Acquisition Act.

65. The other process, established through precedence over several decades addresses the gap between the legal framework for land acquisition in Bangladesh (and in this case in the CHT) and ADB‟s IR Policy, originally established in 1995 and in 2009 supplanted by the Safeguards Policy Statement (SPS), which combines environment, resettlement and IP safeguard policies. This provides for grants, such as „top up‟ land and structure payments under CCL to market price/replacement levels, payment for shifting costs, grants for vulnerable APs (women headed households, IPs, among others), and livelihood restoration grants for SAPs losing more than 10% of their land and/or shifting residents/businesses.

66. In line with this latter process, the LARF will provide a grant for IP common land. This is in line with ADB’s SPS respecting IP customary and ancestral lands, as well as international IP conventions that Bangladesh is a signatory to. The LARF will outline a process for verifying registered and unregistered IP common land through the customary land management based on the CHT Regulation I of 1900 that set up a land administration through Circle Chiefs, Headmen, and karbaris. Grants for IP common land will be awarded to IPs and non-IPs alike who have been certified by Headmen, Circle Chiefs and finally by the HDCs.

67. This process is necessary, as the CCL process does not formally recognize IP common lands. Instead, it defines such ancestral lands as khas or „Government‟ lands. In addition, the LAR, in this context, will define a consultation framework to obtain the free, prior and informed consent of affected IP groups in case, as with the CHTRDP-II LGED roads, proposes to acquire ancestral lands of IP groups which will lead to physical displacement of such groups or individuals. As shown in the due diligence visits described above, such displacement has already occurred under CHTRDP-I and will doubtless occur under CHTRDP-II. The LARF also defines grievance redress processes for both CCL titled land payments and for IP Common land grants.

32

However all disbursements to APs will, in the case of this project, go through the DPMOs, since the ADB loan is to be utilized for all land acquisition and resettlement related activities/compensation.

27

27

D. LAR Entitlements

68. An Entitlement Matrix has been prepared on the basis of currently known impacts (Table 14). It identifies the categories of impact based on surveys carried out in the four subproject areas and shows the entitlements for each type of loss. If new impacts are identified later during preparation of RPs for future subprojects then such losses will be included in the entitlement matrix and the RP will be the appropriately revised.

69. By following the Project‟s LAR policy all the affected people irrespective of their legal status will be compensated for any kind of loss caused due to project implementation. The customary right to the property of the IPs will be ensured. The losses will cover loss of property (land, structure, trees, crops, common property resources and others), livelihood and other unanticipated losses. They will receive compensation at replacement rate as assessed by the census and Socioeconomic Survey (SES), Land Market Survey (LMS), Structure Replacement Value Survey (SRVS) and Tree Valuation Survey (TVS). Based on these survey data and through own assessment, the property valuation assessment team (PVAT) will determine the maximum allowable replacement value (MARV) of the lost property.

70. In the Project area, two groups of people have been identified: IPs and Bengali people (those plainlanders who came before and after the 1980s to the CHT). The IPs have three kinds of land ownership: (i) registered land (from the DC) with proper documents; (ii) those who applied for registration long ago (here, in line with the ADB‟s SPS, termed as „legalizable’); and (iii) common/community land used/owned through customary/traditional bondobosti (lease) from the Circle Chief through appointed headmen. The Bengalis who came before the 1980s have assimilated themselves with the IPs to a great extend and have more or less a similar kind of land ownership system as the IPs. On the other hand the Bengalis who came during and after the 1980s (locally called as „settlers‟) have legal papers of land ownership from the Government. Some of them are enjoying their legally registered land, but many are unable enjoy their land, which was in fact IP common land, categorized by the Government as khas Land. Through security concerns, many of them are squatting on other more accessible and unprotected khas land or have engaged in „land grabbing,‟ taking IP land without either Government or any other permission. In many of the above cases the Bengali „owned‟ land through Government document, given through the 1980s „transmigration‟ program33 supporting lowland Settlers who moved to the CHT, is simultaneously claimed by IPs through traditional/customary rights outlined in the above LARF sections.

71. There are also some RF areas in the CHT where IPs have been living for generations, or have been shelter for the Kaptai Dam refugees of the early 1970s. As these lands are owned by the Forest Department (FD), compensation at RV will paid to the FD, not to IPs, for any acquired land. However, APs on such RF lands will receive grants for their losses from the HDC, as assessed by the PVAT.

72. In the entitlement matrix, all these issues have been addressed by identifying nature and categories of loss by ownership, identified the entitled persons (EPs) through proper definition, their entitlements for the losses because of the project. The matrix describes the units of entitlements for compensating the lost assets, and various resettlement and rehabilitation benefits. The matrix also addressed the implementation issues step by step with corresponding responsible organizations to implement that.

73. The DC will compensate CCL according to the GOB‟s regulations for loss of property on registered land with approval of HDC; and an additional grant will be paid by HDC through the

33

This Government supported transmigration program began in the late 1970s and was by and large completed by mid-1980s.

28

INGO to cover the MARV. The HDC will also provide grants through the INGO to APs who do not own any registered land but have customary/traditional leased land registered by the CC. The HDC will also provide grants to squatters/informal settlers/encroachers or APs without any legal status according to GOB ordinances if they are confirmed by Project census as users of the acquired land.

74. The Entitlement Matrix also addressed loss of access to income, livelihood and common property resources or any utility services by the APs. The HDC will take appropriate measures to restore lost livelihood through providing training or other appropriate support for the APs. Special attention has been given in the Entitlement Matrix for the vulnerable APs, including female headed households, smaller IP groups, families with disable members, and others. Vulnerable HHs will qualify for additional assistance/grant, as specified in the entitlement matrix.

75. All APs will be entitled to compensation and resettlement assistance based on severity (significance) of impacts. Nevertheless, eligibility to receive compensation and other assistance will be limited by the Cut-Off Date which is to be disclosed among APs. The cut-off date for compensation under law (Ordinance II of 1982 and its 1994 amendments) is considered for those identified on the Project ROW acquisition at the time of serving of notice under Section 3 or joint verification by DC and the Requiring Body, in this case the HDCs, whichever is earlier. The cut-off date eligibility for resettlement assistance/grant under this LARF is the commencement date of the census for a given subproject. The absence of legal title will not bar APs from compensation or grants, as specified in the entitlement matrix below.

76. As per the entitlement matrix (SL No. 1 below), legal owners of documented registered land (agriculture, commercial, homestead, hill, jhum land, pond, or orchard), at the time of serving notice under Section 3 of Land Acquisition Laws, who are IPs or Bengali migrants who came to the CHT before the 1980s, will receive replacement land or CCL. In the case of CCL, the market value will be assessed by the DC plus a premium, as per law; and an additional grant will also be given to cover the MARV of land, assessed by the DC and a PVAT. Compensation for standing crops will also be assessed and paid by the DC and HDC, who will also update land titling confirming land transfer to the Project. Land development costs for homestead losers (if applicable) will also be assessed by the PVAT. The DC and HDC will assess the quantity and quality of the land as well as its market value and assessment of the MARV by an LMS conducted by the HDC and the INGO. APs will be fully informed of the entitlements and procedures regarding payment. An additional cash grant covering the replacement value of land will be paid before or during vacating the project site, even before receiving CCL, if necessary. Stamp duty will be due to entitled persons at 7% of the MARV, to facilitate in purchasing alternate, replacement land. For all grants beyond CCL, the funding and administration will be through Project resources, under the Loan.

77. As per the entitlement matrix (SL No. 2), legalizable owners of land, who had applied for registration long ago and have proper documentation, at the time of serving notice under Section 3 of Land Acquisition Laws, who are IPs or Bengali migrants who came to CHT before the 1980s, will also receive replacement land or CCL. The procedures will be the same as in SL N0. 1.

78. Owners and users of common property leased in from headmen through the traditional bondobosti (lease) system who are IPs or Bengali migrants, who came to CHT before the 1980s, will receive a cash grant as replacement value of the land, as assessed by the PVAT (SL No. 3). Grants for compensation of standing crops will be assessed by the PVAT as well as land development cost for homestead losers, if applicable, and the overall process will be the same as described in SL Nos. 1 and 2 above.

29

29

79. In cases where owners and users of common property leased in from headmen through the traditional bondobosti (lease) system but a Bengali settler has the legal government lease document of ownership but not in possession of the land, ownership or share of compensation will be resolved through an alternate dispute resolution (ADR) process described in the LARF (SL No. 4).

80. Similarly, the ADR process will resolve disputes where Bengali settlers have use of land through a legal government lease document, but an IP claims the same land as common property leased from a headman through traditional bondobosti system and is not in possession (SL No. 5).

81. Where the Forest Department is the legal owner of the land at the time of serving notice under Section 3 of Land Acquisition Laws (SL No. 6), CCL will be provided, under the same procedures as the above provisions in the entitlement matrix.

82. For loss of homestead/commercial and other infrastructure by owner (registered land), legal owner of the land at the time of serving Land Acquisition notice Section 3 as recorded in the Land Acquisition Award Book (SL No. 7) will receive CCL plus an additional grant to cover the replacement value of the structure as assessed through an LMS carried out by the INGO/HDC-CRO. Further, a transfer grant at 12.5% of the value of kutcha and semi-pucca and 5% for pucca structures, as assessed by the PVAT will be provided through the INGO/HDC-CRO. The owner will be allowed to take all salvageable materials (free of cost) without delaying the Project work and a re-construction grant (RCG) at 12.5% of the value of all structures assessed by the PVAT will be provided to titled owners. A transfer grant will similarly be given, at 12.5% of the value of all pucca and semi-pucca structures and 5% for katcha structures, assessed by the PVAT. Special assistance for female-headed and vulnerable households, including smaller IP groups will be provided at Tk2,000, Tk3,000 and Tk5,000 for kutcha, semi-pucca and pucca structures. A land/homestead development grant (LDG/HDG) as assessed by PVAT (if applicable) will be provided, as well as special assistance of Tk5,000 for vulnerable households having a disabled member in the family. As with other provisions in the entitlement matrix, for all grants beyond CCL, the funding and administration will be through Project resources, under the Loan.

83. Farmers, tenants and sharecroppers under contract, including cultivators of common land as identified by the SES (SL No. 8), will be compensated by a cash grant as determined by assessment and will be paid after taking possession of the land during the implementation of the LARP for loss of access to any cultivable land or pond. Individuals will be identified by the census and SES as a farmer, tenant or sharecroppers. The land owner (registered or leased in from the headman) will certify tenancies.

84. Persons with ownership of the land (registered) where the trees are located and crops are grown at the time of taking possession for the Project (SL No. 10) will receive the market price of the trees as CCL, determined by DC with assistance from other relevant agencies. They will also receive additional grants to cover the MARV of the tree, based on productivity and age of trees and value of the fruit, as assessed by the PVAT. An additional 30% of assessed value will be provided as compensation for fruit bearing trees, with a onetime crop compensation for each grown up tree, e.g., banana trees. Owners will be allowed to fell and take the trees and their fruit, after payment of compensation. Tree losers will be encouraged to plant more trees by providing 5 saplings free of cost to each affected household.

85. Owners of the structures identified by the SES will receive a cash grant as compensation for the loss of residence or commercial structures on common land (SL No. 11) at market value, as assessed by PVAT. A transfer grant will also be given, at 12.5% of the value of kutcha and semi-pucca and 5% for pucca structures, as assessed by the PVAT. The owner will be allowed

30

to take all salvageable materials (free of cost) without delaying the project work. An RCG at 12.5% of the value of all structures assessed by the PVAT will be provided to titled owners. Special assistance will be given to female-headed, vulnerable households, and households of smaller IP groups at Tk2,000, Tk3,000 and Tk5,000 for kutcha, semi-pucca and pucca structures.

86. Tenants renting or leasing the property, as identified by the SES, who lost access to their house or commercial structure (SL No. 12) will receive a one-time cash grant for facilitating alternative housing or structure, as assessed by the PVAT. A shifting allowance will also be paid before relocation from project sites.

87. Heads of household occupying homestead land illegally or squatting on a ROW, as identified by the SES, will receive a cash grant as compensation for the lost structure (if owner) as per assessed values/price by the DC, provided the informal settlers/encroachers or unauthorized occupants on registered land are certified by the land owner, which may be a government, private institution, or organization (SL No. 13).

88. Owner/operator of the business, as recorded by the SES (SL No. 14) will be compensated for loss of business due to dislocation through a business restoration grant (BRG) to owners, renters and leaseholders, as assessed by the PVAT. The cash grant will be paid before leaving the project land. Non-titled shop owners above the poverty line will not be eligible for the BRG.

89. As per the entitlement matrix (SL No. 15), full-time and part-time workers of affected business, as recorded in the SES, will be compensated for loss of income, employment, or work opportunity. They will receive a one-time cash grant for 30 or 90 days at the rate of local wage rate, 30 days in a commercial area and 90 days in an agriculture area. The cash grant will be paid before taking possession of land, and as feasible entitled persons will be offered employment in the Project‟s civil works.

90. For loss of access to utility services such as piped water supply, gas, electricity, sewerage line, or telephone, owners of structures with the utility service, as identified by the SES (SL No. 16), will receive a cash grant as compensation for the utility facilities at current market value assessed by the PVAT. A one-time cash grant to transfer or re-installment the utility service to a new location will also be provided. The transfer/re-installment grant for identified utilities to each household or structure owner or renter will be paid during or after vacating the Project site.

91. For loss of community facilities and/or common property, including common forest resources (SL No. 17), the community as a whole where the APs will relocate will receive a cash grant for structures, a transfer grant, reconstruction and improvement of the community facilities and common property resources, as well as afforestation to replace lost forest resources. Compensation will be based on the PVAT assessment and the prior informed consent of affected IPs.

92. For adverse impacts on APs and communities during and after Project implementation, such as the impact of cross dams up and downstream, landslide or uprooting trees due to hill cutting, water logging due to interrupted drainage (SL No. 17) there will be provision for compensation for loss at current market value and additional community facilities as needed.

31

31

Table 16: Entitlement Matrix and Responsible Implementation Agencies

Sl No




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

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

i. Replacement land or ii. Cash Compensation under Law

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

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

iv. Stamp duty to facilitate land purchase

v. Compensation for standing crops assessed by DC/ Property Valuation Assessment Team (PVAT)

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



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



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



a. DC, Hill District Council (HDC)

b. DC, HDC

c. HDC, Implementing NGO (INGO)

d. DC,HDC e. DC,HDC f. HDC, INGO g. HDC, INGO h. HDC-Chief

Resettlement Officer (CRO), INGO

i. DC, HDC

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

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

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





informed of the

a. DC, HDC b. DC, HDC

c. HDC/INGO d. DC,HDC e. DC,HDC f. HDC/INGO

32 Sl

No Nature of Loss



entitlements and procedures regarding payment

g. Additional cash grant to cover the RV of land.



g. HDC/INGO h. HDC-CRO/INGO i. DC,HDC

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

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

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









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

Orchard)

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

But Bengali settler has legal government lease document of ownership of land but not in possession. Ownership or share of compensation will be










33

33

Sl No




resolved through Alternate Dispute Resolution (ADR)

5 Bengali came after 80s used/owned land through legal paper from the government but IP claimed as owner of common land owned through traditional bondobosti (lease) (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

Bengali settler owner/user of land through legal government lease document

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




39







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

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

i. CCL (Market value assessed by DC plus premium as per Law) and

ii. Additional grant to cover MARV of land

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

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




d. Payment of CCL e. APs will be fully

informed of the entitlements and procedures regarding

a. DC, HDC b. DC, HDC c. HDC/INGO d. DC,HDC e. HDC/INGO

39

As almost all the APs losing partial housing/business structures own additional land beside the acquired part, it is expected that these households and/or business will remain on their own area but will rebuild the structure on their remaining property. However, if the affected structures need to be relocated and the structure owner does not have any alternate land to rebuild and/or to re-establish their business, he/she will be provided with an alternate residential/resettlement site or equivalent valuation (cash money) by the EA. This arrangement will be finalized through the Resettlement Advisory Committee (RAC) after the SES confirms the AP‟s situation and after consultation with the AP.

34 Sl

No Nature of Loss



payment f. Additional cash grant to

cover the RV of land will be paid before or /during vacating the project site (even before receiving CCL, if necessary)

g. Compensation for standing crops /trees from DC

f. HDC/INGO g. DC,HDC

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

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

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

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

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

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

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

vi. Special assistance for Female Headed/Vulnerable Households/smaller IP groups @ Tk2,000, Tk3,000 and Tk5,000 for kutcha, semi-pucca and pucca structure

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

viii. Special Assistance of Tk5,000/ for Vulnerable Households having disabled member in the family

a. Assessment of no. and quality of structure

b. Assessment of market value



informed of the entitlements and procedures for getting those

g. Additional grant to cover the MARV of the structure

h. Allowed to take away the salvageable

i. TG @ 12.5% (kutcha and semi-pucca) or 5% (pucca) of the assessed

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

assessed value of the structure

k. Special Assistance to Female Headed Households/Smaller IP Groups by category of the structure

a. DC,HDC b. DC,HDC c. INGO/HDC-CRO d. DC e. DC f. INGO, HDC-CRO g. HDC-CRO/INGO h. HDC-CRO/INGO i. HDC-CRO/INGO j. HDC-CRO/INGO k. HDC-CRO/INGO

35

35

Sl No




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

m. Special assistance to Vulnerable Households with disabled family member

l. HDC-CRO/INGO m. HDC-CRO/INGO

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

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

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

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

sharecropper of land b. Cash grant as

determined by assessment will be paid after taking possession of the land

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

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

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

9 Loss of Trees/Perennials on registered land

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

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

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

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

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

v. Tree losers will be encouraged to plant more trees by providing 5



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

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


36 Sl

No Nature of Loss



saplings free of cost to each affected household.

10 Loss of Trees/Perennials on common property

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

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

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

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

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



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

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


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

Owner of the structure identified by SES

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

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

PVAT iii. Owner will be allowed to take all

salvageable materials (free of cost) without delaying the project work

iv. RCG @ 12.5% of the value of all structures assessed by the PVAT for titled owners

v. Special assistance for female headed, vulnerable households, smaller IP groups @ Tk 2,000, Tk 3,000 and Tk 5,000 for kutcha, semi-pucca and pucca structure

a. Payment of structure cost


c. APs will be fully informed about their entitlement and assisted in obtaining it

d. A TG to each household will be paid before/during vacating the project sites

e. Reconstruction Grant for each structure (household/commercial ) will be paid before/during vacating the Project site

f. Special assistance to Female Headed/Vulnerable Household/Smaller IP Groups

a.HDC-CRO/INGO b. INGO/HDC c. INGO/HDC d. HDC-CRO/INGO e. HDC-CRO/INGO f. HDC-CRO/INGO

37

37

Sl No




12 Loss of access to house/commercial structure (rented or leased)

Tenants renting/leasing the property as identified by the Socio-Economic Survey (SES)

i. One-time cash grant for facilitating alternative housing /structure assessed by PVAT

a. Verification of SES Records and other Records

b. A Shifting Allowance per unit will be paid before relocation from project sites

a. INGO/HDC-CRO b. HDC-CRO

13 Loss of residence by informal settlers/encroachers or unauthorized occupants on some registered land (may be some government /private institution/organization)

Heads of Household occupying homestead land illegally or squatting on RoW as identified by SES

i. Cash grant as Compensation for the lost structure (if owner) as per assessed values/price by DC provided certified by the land owner

ii. the owner‟s income is under the poverty line will get grant /training from the Social Development Grant (SDG)

iii. Cash grant for shifting of the house from RoW

a. CCL for structure if recognized by DCs

b. Verification of SES data and the Award Book

c. Compensation for loss of structure (as mentioned in Sl No. 11)

d. Transfer or shifting cost per household (as mentioned in Sl NO. 11)

a. DC b. INGO/HDC c. INGO/HDC-CRO d. HDC-CRO/INGO

14 Loss of Business by shops/business owners due to dislocation

Owner/Operator of the business as recorded by the SES

i. Business Restoration Grant (BRG) to owners, renters and leaseholders assessed by PVAT

ii. Non tilted shop owners above the poverty line will not be eligible for business restoration grant


b. Cash grant to be paid before leaving the project land

a. INGO/HDC b. HDC-CRO/INGO

15 Loss Of Income, Employment/ Work Opportunity Of Full-Time /Part Time Workers

Workers of affected business as recorded in the SES

ii. One time cash grant for 30/90 days at the rate of local wage rate (30 days in commercial area and 90 days in agriculture area)


b. Cash grant to be paid before taking possession of land

c. Involvement of the EP in Project civil works

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

16 Loss of Access To Utility Services Such As Piped Water Supply, Gas, Electricity, Sewerage Line, or Telephone.

Owner of the structure with utility services identified by SES

iii. Cash grant as compensation for the utility facilities at Current Market Value assessed by PVAT

iv. One time Cash grant to transfer/re-installment the utility service to new location

a. Payment of compensation for the losses assessed by PVAT


c. APs will be fully

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

38 Sl

No Nature of Loss



informed about their entitlement and assisted in obtaining it

d. A transfer/ re-installment grant for identified utilities to each household/ structure owner (renter) will be paid during or after vacating the project sites

d. HDC-CRO

17 Loss of community facilities/common property including common forest resources by APs

Community as a whole where the APs will relocate

i. Cash grant as Compensation for structure

ii. Transfer Grant iii. Reconstruction/Improvement of

The Community Facilities/Common Property Resources

iv. Afforestation for the community to replace lost forest resources

a. Compensation based on PVAT and Prior Informed Consent of IPs affected

b. Cash grant for transfer /reconstruction of structure

a. HDC b. HDC-CRO/INGO

18 Adverse impact on APs/ Community during and after Project implementation, such as impact of cross dams up and down stream; Landslide or uprooting trees due to hill cutting, water logging due to interrupted drainage etc.

APs/ affected community i. Provision for compensation for loss at Current Market Value ( RV);

ii. Additional community facilities (as needed)

a. Assessment of losses b. Compensation based on

PVAT c. Consult the community

for identifying additional facilities to mitigate the impact

d. Implement the mitigation programs

a. INGO/HDC b. INGO/HDC c. HDC-CRO/INGO d. HDC-INGO

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IV. PROCEDURE FOR LARP INTERVENTION

A. General

93. The Project Management Office (PMO), with the support of the Project Implementation Consultants (PIC), will prepare LARPs during the preparation stage of candidate subprojects. These LARPs will be reviewed by CHTRC/HDCs and submitted to ADB for review and approval. The LARF and the LARP prepared for the one sample subproject (Sapchari Wagga) will be a guideline and model for the preparation of subsequent LARPs. The LARPs must comply with ADB's 2009 SPS, including consultation with APs, which will provide local understanding of the Project‟s safety net mechanism.

B. Socioeconomic Information

94. LARPs will be prepared with assistance of the PIC for each subproject based on this LARF, including a community consensus methodology for already built upazila and union roads for which no detailed designs exist. For upazila and union roads, the CHTRC, with assistance from the PMO, will subcontract engineering surveys to well-qualified private engineering firms, having capacity to meet international standards, for the proposed roads and these firms will undertake design as soon as possible so that a census of affected people, crops, trees and assets can be recorded by the INGO. Village roads will be sub-contracted to NGOs and/or villages. The preliminary designs (including both cross section and surveys) will show the original RoW and its widened area, including land use and structures falling within the proposed widened road.

95. For future candidate subprojects, as per preliminary design, the PMO with the support of the PIC will contract an experienced INGO for carrying out the SES and full Census of the affected households and their physical assets. A detailed SES of 20% of the households to be relocated and/or losing land/assets/livelihood will generate an asset loss inventory and gender disaggregated database.

1. Census and Socioeconomic Survey (SES)

96. The SES will establish baseline information on household incomes, occupational and livelihood patterns, resettlement needs/responses, social organization, community organization and cultural parameters in the subproject area. The SES will entail interviews with the affected community about the socioeconomic characteristics of their area. The consultant will also conduct a participatory rapid appraisal (PRA) including focus group discussion (FGD) in the subproject areas and obtain views of the key stakeholders on the proposed intervention for improved water management and consequent resettlement needs. The FGD will also identify those who might experience indirect and secondary impact of the subprojects and any vulnerable groups who might require special attention during Project implementation. Both Census and sample SES will be carried out in association with local and host communities as well as with local representatives and community groups. The Census and SES, including for already completed upazila and union Roads under CHTRDP-I, will be undertaken well ahead of physical work on completion of the CHTRDP-I roads under CHTRDP-II.

2. Video Filming and ID Cards

97. During the Census, the RoW will be video filmed to control any fraudulent claims after the Cut-Off Date, and every structure on both sides of required RoW will be marked with a number and photo identification (ID) of the owner/operator for further detailed data collection.

40

The timing of the Census and SES and video filming will be coordinated with the DC office and will be carried out prior to Section 3 notification by the DC.

3. Land Market Survey

98. A Land Market Survey (LMS) will be carried out by a formally constituted gazetted committee consisting of representatives of LGED, DC's staff representing the concerned district, a local elected official, and NGO staff or representative and other appropriate department/line agencies, to determine the MARV for immovable assets such as land and structures by type. The MARV will be paid by LGED through an INGO directly to the APs/communities. The MARV is over and above the CCL paid by the DC.

4. Verification of Common Land Ownership

99. Verification of IP common land ownership, whether registered or unregistered with the headmen and karbaris, will be carried out with assistance from the INGO. Verification will be provided jointly by the headmen/karbaris, in conjunction with HDCs/PMO/PIC, as the HDCs will be the acquiring body. Verification will be certified by the Circle Chief. Grants provided for Common Land usufruct will be provided through this verification process, at market value determined by the PVAT.

5. Due Diligence Reports for Community Infrastructure

100. The community infrastructure aims to enhance farm incomes and reduce poverty through the development or improvement of small scale irrigation systems, village access, and „felt need‟ village infrastructure and as such will be for the common good. These will be small, community-led projects with no resettlement and where all land acquisition is voluntary. The selection criteria for a sub-project is that the chosen subprojects are desired by a community whose members will voluntarily donate small parcels of their land and by contributing land for the project they become primary beneficiaries. A due diligence report (DDR), prepared by the INGO, will be the primary document to assess the social safeguards status of a proposed subproject. A DDR will be required for each subproject that requires new land, and the DDR of the subproject will outline whether project selection criteria have been met, and will incorporate at a minimum the following:

Verification and documentation that land required for the project is given voluntarily;

Verification that nobody will be impoverished by the land donation (more than 5% of total land holding donated will trigger livelihood restitution measures to be specified in a resettlement plan);

Verification that land donation will not displace tenants or bonded labor, if any, from the land;

Meaningful consultation has been conducted in good faith with all affected persons. Documented verification of the agreement of affected persons to the sub-project. Separate discussions to be held with women and minority groups as required to facilitate meaningful participation;

Assurance that a community mechanism for sub-project implementation is operational and has a fair system of grievance redressal, as well as a system for project monitoring and reporting; and

Gender disaggregated socioeconomic data for the sub-project area has been collected including at a minimum household size, ethnicity, location within the area, land holding size, land type, crop yield per ha other important sources of income (maximum 2 pages and around 4 tables of data).

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101. Due Diligence Report (DDR). Each DDR need not be more than four pages with supporting documents (verification records, socio-economic survey) as appendices. If the number of APs is more than ten, or the community infrastructure is for all intents and purposes a road (some footpaths are in fact motorable by baby taxi or rickshaw van), then a short resettlement plan will be prepared.

6. Alternative Dispute Resolution Forums

102. Alternative dispute resolution forums (ADRFs) will be constituted for land dispute resolution. In Bangladesh, Shalish and Mimangsha are when the community takes the leading role in resolving disputes. These are usually undertaken through mediation, negotiation, and reconciliation. In the Shalish or Mimangsha the community leaders delve deep into the root cause/s in the presence of both parties, hear viewpoints of disputants, and try to find a solution agreeable to the parties concerned.

103. Resolving disputes through community initiatives with the above tools are commonly known as alternative dispute resolution (ADR). What is proposed is to involve NGOs in this process, as well as local ADRFs.40 In Bangladesh, traditional Shalish agreements were enforced through village peer pressure. Agreements were announced and publicly proclaimed. Families would lose face if they did not comply with agreements. The reformed village mediation system, with use of NGOs, relies on this traditional compliance mechanism and succeeds despite the lack of formal court enforcement.

104. ADRFs are composed of a minimum of three members for each mediation. Not only does this conform with the traditions of the region, but the use of a panel of mediators helps limit systematic corruption or bias. Measures for ADR in Bangladesh have been provided in the Code of Civil Procedure 1908 which allows for the settlement of disputes outside the courts: the court may formulate the terms of a possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement.41

C. Land Acquisition Resettlement Plans

105. The HDC/PMO with the assistance of the PIC will ensure that appropriate entitlements and mitigation measures are incorporated into the land acquisition resettlement plans (LARPs) in accordance with the LARF. If the impact is significant, i.e., the number of people physically displaced or losing 10 percent or more of their income producing assets is two hundred or more a full LARP is required by ADB policy. If the impact is insignificant, less than two hundred persons, a short LARP will be sufficient to meet ADB policy requirements. If no involuntary resettlement effects are foreseen, no LARP will be prepared. The PIC will also assist HDC/PMO in assessment of the cash value of land and the physical structures being acquired.

106. The LARPs will include (i) a complete inventory of AP and assets; (i) description of the project and its benefits; (ii) the scope of land acquisition which reflects the impacts of a Project; (iii) information disclosure, consultation and participation; (iv) a relocation plan (v) the resettlement policy framework; (vi) an entitlement matrix based on types of losses and eligibility; (vii) cost estimates of all activities; (viii) an income restoration mechanism; (ix) resettlement institutions and implementation framework, including avenues for grievance redress; (x) a time-bound implementation schedule; and (xi) a monitoring and evaluation system. For upazila and

40

Among NGOs with experience of Salish/ ADR in the CHT, which can be consulted and if appropriated recruited for implementation, include Ain O Salish Kendra (ASK), Bangladesh Legal Aid Services Trust (BLAST), Association for Land Reform and Development (ALRD), Nijera Kori, and BRAC's Legal Aid Programme.

41 http://www.studycirclebangladesh.info/admin/publication/2007041164_photo.pdf

http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/pnacb895.pdf http://baseswiki.org/en/Bangladesh#Regulation_of_Alternative_Dispute_Resolution

http://www.studycirclebangladesh.info/admin/publication/2007041164_photo.pdf

http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/pnacb895.pdf

http://baseswiki.org/en/Bangladesh#Regulation_of_Alternative_Dispute_Resolution

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union roads, the CHTRC, with assistance from the PMO, will subcontract engineering surveys to well-qualified private engineering firms, having capacity to meet international standards, for the proposed roads and these firms will undertake design as soon as possible so that a census of affected people, crops, trees and assets can be recorded by the INGO. Village roads will be subcontracted to NGOs and/or villages.

107. The terms of reference (TOR) for these companies, NGOs, and village development committees (VDCs) will specify geographic information system (GIS) coordinates, in addition to the usual chainage, and the requirement to survey all structures and land uses within the RoWs. Having the land use/structures in the road designs will make LAR planning more efficient. Having the GIS/global positioning system (GPS) coordinates will allow the use of Google Earth to cross check land use, vegetation, etc. along the planned RoW and, to plan and monitor LAR activities more effectively. Completing LAR activities before mobilizing contractors will be a Loan condition, and having the GIS coordinates (in a management information system [MIS]) will allow more efficient signing off on sections for mobilizing contractors.42

108. The LARPs will be prepared in consultation with all stakeholders, including local representatives, NGOs/community groups, and AP representatives. A draft copy of the LARPs in Bangla will be available in the subproject area and discussed with the Project APs, local representatives, and host communities so that they can provide inputs and suggestions for future improvements, if necessary.

D. Gender Impact and Mitigation Measures

109. The SES will identify gender roles in the production system both in the farm and in nonagricultural activities. Since legal ownership of land does not reflect gender compliance in case of spouses, sufficient measures will be included in the LARPs to ensure women‟s rights and social safety. The measures will include the following:

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

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

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

Provide resources, through the Project, in kind (land, structure, etc) in the name of both spouses of the affected households;

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

Involve women's groups in resettlement planning, management, and operation and in job creation and income generation

110. CHTRDP-II will have a complete Gender Action Plan (GAP). Aspects of the GAP particularly relevant to the LARF are:

For the construction of roads, technical training for one day prior to commencement of construction work is to be ensured (e.g. mixing of materials, earthwork etc.). At present, it has not been decided if separate LCS group or

42

In somewhat futuristic thinking, 3G iPads, with built in GIS and Google Earth will be a useful field tool for carrying out LAR and MVP activities, for monitoring completion of LAR in the former case and for the grievance process in the latter case. Besides, the 3G iPads will have road designs/participatory village maps uploaded and overlaid on Google Earth – simple technologies already freely available using laptops with internet connection.

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combined groups will be formed. If combined, 30% of the labor force will be women and they will be given preference in carrying construction material and earthwork. In addition, 100% employment generation in road maintenance for off pavement work will be established where landless women will act as the “length person.” An equal wage for male and female labor will be ensured.

For market sheds construction, 30% female labor will be employed, 50% space will be allocated for women sellers, and 30% women will be included in market management committees. Moreover, one female person (permanent) will be employed for maintenance of market and toilets. Two toilets will be built for men and women in market place which have opposite entrance as most of the time women feel shy to enter in wash room in front of men.

E. Information Dissemination, Consultation, Participatory Approaches and Disclosure

111. Consultation and communication with APs and other stakeholders during the preparation stage of the subprojects will be an integral part of gathering relevant data for impact assessment, and facilities and development of appropriate options for resettlement of APs. The LARF has been disclosed to the affected community in Bangla in Workshops in each of the three CHT Districts to obtain the views of APs and other stakeholders on the compensation and resettlement provisions as per Government laws and ADB guidelines, in Bandarban November 2-3; Kagrachari November 10-11, and Rangamati November 24-25, 2010 (See Appendix F for Workshop summaries and attendance).43 Further, the documents will be available at HDC offices, and on the Project (English and Bangla) and ADB (in English) websites. As appropriate, the contribution of APs and beneficiary groups will be included in the subproject LARPs.

112. The LARPs for CHTRDP-II will include a consultation record which meets the requirements of ADB‟s SPS on IPs, i.e., obtaining the free, prior and informed consent of affected IP groups is compulsory, as it is apparent that the Project will acquire ancestral lands of IP groups which may lead to physical displacement of such groups or individuals.44 Compensation will be based on current land use, and reference made to land users, rather than land owners. Video and photos will be used to depict before and after use, so the two can be compared. In special cases, for village roads and infrastructure, donation may be allowed, but a strict process of due diligence will be followed in such cases to ensure donation is by those with land use right, there is no coercion to donate land or trees, and donation does not result in impoverishment.

113. Assessment of loss, valuation, grievance redress, and other decision making groups will include representatives of the APs and third parties, not just local elites. The INGO will manage the process and disburse the compensation on behalf of the PMO. Records of discussions with APs themselves will be properly kept, and APs, including any who may wish to donate land for village roads and infrastructure, will be informed of the exact process, entitlements, and timeframe. Those wishing to donate land, for instance for a school or cross dam benefitting the community as a whole, will be formally informed, with due process and INGO documentation, of the full compensation (including all grants) they are forgoing.

114. Various resettlement committees will be formed and activated during implementation and the monitoring and evaluation of LARPs. A grievance redress committee (GRC) will assess compensation and resettlement grievances; and a resettlement advisory committee (RAC)

43

The Workshops presented the draft LARF and also IPPF, proposed Institutional Strengthening, and a Project Description of the CHTRDP-II.

44 Refer to ADB Safeguard Policy Statement (SPS) (2009), Appendix 3, paragraph 30.

44

assist in ensuring the smooth LARP implementation and will include APs and local government representatives, teachers, religious leaders such as imams, lamas and priests, knowledgeable persons, women‟s group representatives, and headmen. The GRC as well as the Joint Verification Team (JVT) and the PVAT will be formed through gazette notification by MOCHTA and activated during the land acquisition process to allow APs sufficient time to lodge complaints and safeguard their interests. AP‟s preferences will be taken into account in the selection of relocation sites.

115. The LARPs will be summarized in a Bangla language information booklet and disclosed to the APs after the Cut-Off Date has been established. In addition, the LARPs will be explained to the APs in group discussions, personal contact and community level meetings. The LARPs will be published on the ADB‟s website after the ADB‟s subproject approval.

116. Cooperation from all concerned local institutions and organizations such as NGOs, women‟s groups and community-based organizations (CBOs) will be sought for functioning of the LARP implementation, and an experienced NGO will be hired, as the INGO for LARP implementation.

F. Grievance Redress Mechanisms

117. Upon the clearance of the LARP by the DC and the Ministry of Land, a GRC will be formed at the union level through gazette notification from MOCHTA to the District Project Management Office (DPMO). The HDC/PMO Chief Resettlement Officer (CRO) will be the Convener of the GRC. The area manager of the INGO will be Member Secretary. The Headman/Union Parishad Chairman will be a member. The GRC will include two representatives of APs (at least one woman). A Legal Advisor, from the ADRF, will be included as an Observer to extend legal support to the committee to be deployed by the INGO and, if necessary, refer cases to ADR processing.

118. The GRC will have the power to resolve resettlement and compensation issues preemptive to their being addressed through the legal system. The GRC will receive grievance cases from the APs through the INGO. The INGO will follow initiate a public procedure and also through individual contact with APs under the jurisdiction of the GRC It will operate through village consultation meetings and will undertake the distribution of booklets explaining due process for AP grievances.

119. The INGO will assist the APs in lodging their resettlement claims in a format acceptable to the GRC. This will be done after the APs get ID cards from the DPMO and are informed about their losses and entitlements. All AP complaints will be received at the office of the INGO, or by the GRC‟s secretary, with a copy to the Union Parishad representative.

120. The representative of the INGO, as the member secretary of the GRC, upon receipt of complaints, will organize a GRC hearing. The INGO will arrange for the presence of a lawyer in the hearing to help both the GRC and the APs on legal issues. The GRC will pass a verdict which will be formally conveyed to the concerned APs through the INGO. The GRC will settle the disputes within 15 days of receiving the complaints from the AP. If not resolved at the GRC level, the matter will be referred to a court of law. The GRC will accept and record grievances arising from CHTRDP-I and refer them to be resolved by the the ADB‟s BRM.

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Figure 3: Grievance Redress Mechanism

G. Compensation, Relocation and Income Restoration

121. HDC, upon approval of the subproject from ADB and the Government, finalization of the detailed design (DD) by a private engineering company hired by CHTRC, and finalization of the LARPs, will prepare a land acquisition plan (LAP) for legal titled land through DPMO with the help of the PIC and submit it to the respective DCs for initiating land acquisition proceedings. During LAP preparation, the current market price will be determined through a LMS conducted by the INGO. The INGO will assist LGED in assessing land current market prices through obtaining formal land transaction data from the sub-region‟s Government offices and informal data from a community consultation in collaboration with the karbari/headman/elected of Union Parishad representative and DPMO level executive engineers (EXNs). The recorded price from

Securitization of complaints by GRC

Aggrieved Person (AP)

Application submitted to GRC through INGO

Complaints under Arbitration or existing Land Acquisition Law

Not Redressed

Recommendation for compensation

Not under Arbitration or Law and be settled as per LARF

policy

Referred to DC/Circle Chief/RHDC

GRC members

RO, (PMO, HDC)

INGO Representative

Chairman, UP/Headman

AP Representatives

Legal Advisor (ADR)

GRC Hearing within 15 days of lodging the claim

District Judge‟s Court

Redressed

CRO for Approval

INGO for Payment

Seeking Legal Settlement

Decision Accepted

Claim Rejected

46

Sub-Registrar's Office will be collected in a pre-designed format certified by the concerned Sub-Registrar. The DPMO will produce the LAP along with the certified land transaction data with the period of transactions and a request to review while fixing the price of land. A DPMO representative will accompany representatives from the INGO in the Joint Verification and Price fixation process led by the DC or his/her representative.

122. The legally constituted PVAT, having representatives from HDC, DC and the INGO will determine the replacement market price of land, structures, trees, and other assets. The INGO will carry out any necessary assessment as per the methodology set by the PVAT; and the PVAT will recommend replacement prices, the MARV, for the approval of CHTRC. Such recommendation will ensure the replacement price of land and property at the current market value. Income compensation will be determined through the SES and consultation during the subproject‟s preparation stage when its LARP is being formulated. All compensation must be paid before APs move out from the acquired/required land, dismantle and remove structures, cut the trees and take away all the salvageable materials and before civil contract awards are given.

123. The LARF also endorses an income restoration strategy for SAPs. In addition to income restoration and cash assistance, the LARPs will include opportunities for income generating activities (IGAs). SAP preferences for IGAs will be assessed prior to designing these income restoration measures provided for eligible SAPs. SAPs involuntarily displaced from their homes, more than 10 percent of their assets or income sources, and including non-titled persons affected by the Project, will receive priority access to the IGAs.45 The Project‟s MAD component will provide opportunities for SAPs to choose IGAs appropriate to their situation. MAD‟s objective will be to increase the income of poor households, with SAPs receiving priority through LARP budgetary provisions in addition to the existing MAD budget, by promoting the development of market-driven micro agribusiness in four selected products, namely: (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market facility development (to be financed under the rural roads component of CHTRDP-II) and action research on potential high-value crops such as spicy leaf. Other options may be offered through NGOs, such as in nurseries and livestock.

124. For common land, a process of verification and market price assessment will be carried out in parallel to the CCL process described above, through the traditional institutions, Circle Chief, headmen, and karbaries, as ratified in the 1900 CHT Regulations.

H. Overall Project Implementation Arrangements

125. MOCHTA will be the executing agency for the Project with CHTRC having the responsibility of implementing agency. The PMO will be established within CHTRC with responsibility for the overall management and coordination of the Project. A Safeguards and Quality Monitoring Cell (SQMC) will be established in the PMO. The SQMC will have two-fold reporting responsibilities: (i) to the Project Director (PD); and (ii) independently to ADB. The role of the SQMC will be to ensure that the Project is implemented with due concern for safeguards and quality and, specifically to ensure that these issues are adequately addressed to the requirements of ADB: (i) compensation for land and asset acquisition; (ii) compensation for loss of income; (iii) continuing tenure of land by the original users; (iii) gender; (iv) indigenous people; (v) environment; and (vi) quality of work necessary to ensure sustainable outputs. The failure to adequately address any safeguard or quality aspect will cause the PD to withhold the

45

Those losing their business will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of their client base. They will however receive a business restoration grant.

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disbursement of funds to the defaulting agency until such time the process to rectify the fault is put in progress.

158. The PD will disburse funds in separate directions: (i) to LGED for the implementation of the Rural Roads Component; and (ii) to each District Project Management Office (DPMO), established in each of the three HDC offices. All funds for compensation to, and rehabilitation of APs, whether affected by the LGED-implemented project components or others, and whether for registered or customary lands, will be disbursed by the DPMUs and verified as per the monitoring arrangements, and attended by the requisite staff of the acquiring body. Implementation arrangements are shown in Figure 4, and the flow of funds are set out in Figure 5.

159. Project funds for the implementation of Component B: Rural Roads Component, will be transferred in tranches by the PMO to a specific account held by LGED at its national level. It is expected that LGED would establish a separate office in its Special Projects Office in Dhaka from where it would administer implementation and funds management for that component. LGED is a known competent organization and has rated well in the Financial Management Assessment, discussed below. Responsibility for the implementation for this component will rest with LGED with actual implementation being undertaken by the respective LGED District Office. LGED will follow its own internal implementation arrangements and these are not considered here.

160. In implementing this component, LGED will be required to: (i) Satisfy the financial audit requirements of ADB; (ii) Satisfy all safeguard requirements of the Government and ADB in terms of: LAR,

gender, IPs, and the environment; (iii) Meet quality standards for design and construction as required by the

Government and ADB; (iv) CHTRC will subcontract upazila and union road design to well qualified private

engineering firms having capacity to meet international design standards; (v) Seek CHTRP approval, through the PD, for the alignment of proposed union and

upazila roads at the preliminary planning stage; (vi) Allow access to the personnel of the SQMC to scrutinize and aspects of

proposed, ongoing, or completed work, at any time; and (vii) Provide information on progress to the PD on a monthly and quarterly basis in a

format and on a schedule to be determined.

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Figure 4: Project Implementation Arrangements

CHTRC = Chittagong Hill Tracts Regional Council; DPMO = District Project Management Office; HDC = Hill District Council; LGED = Local Government Engineering Department; MOCHTA = Ministry of Chittagong Hill Tracts Affairs; PMO = Project Management Office; Safequards and Quality Monitoring Cell.

161. The other four components will be implemented on behalf of the PMO through the DPMOs established in the HDC in each of the three districts. The establishment of special project offices in routine offices set up following the CHT Accord (CHTRC and HDCs) provides opportunity for transfer of technology from project office to routine office during the seven years life of the Project. This attempt to institutionalize project arrangements will help to strengthen routine offices and is directly in line with the Paris Declaration.46

46

Paris Declaration for Aid Effectiveness, March 2005, to which the Government and ADB were signatories.

MOCHTA Executing Agency

PMO (Rangamati)

SQMC

Independent reporting to

ADB

CHTRC Implementing

Agency

HDC Khagrachari

District

Project Sub-Office

HDC Bandarban

District

Project Sub-Office

LGED (Dhaka)

LGED Khagrachari

District

LGED Bandarban

District

LGED Rangamati

District

HDC Rangamati

District

Project

Sub-Office

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Figure 5: Project Fund Flow Arrangements

HDC = Hill District Council; LGED = Local Government Engineering Department; FGIA = first generation imprest account; PMO = project management office; SGIA = second generation imprest account.

I. LARP Implementation Arrangements

162. MOCHTA, through the CHTRC and the HDCs, has overall coordination, planning, implementation and financing responsibilities for LARPs under the CHTRDP-II. The CHTRC fully recognizes the importance and complexity of the Project‟s resettlement programs. Therefore, the CHTRC will appoint a Resettlement Specialist to the PIC and will, after finalization of the design and prior to commencement of work on RoW, hire an experienced INGO for LARP implementation, with clearly defined tasks including establishing an income restoration program. A senior HDC Social Scientist at the rank of executive engineer (EXN) will be appointed as the CRO to supervise the implementation work, with the help of HDC, IP-Led NGOs supervised by a nationally recognized INGO with extensive resettlement experience.

1. Project Management Office (PMO) within the CHTRC

163. The CHTRC will appoint a CRO within the PMO to manage the LARPs. The CRO, under the overall responsibility of the PD, will undertake day-to-day activities with assistance from the appointed INGO and PIC. The CRO will provide overall supervision the implementation

Asian Development

Bank

Chittagong Hill Tracts

Regional Council

Project

Management Office

Funds disbursed, expended

and accounted by LGED routine arrangements

HDC Khagrachari

HDC Bandarban

HDC Rangamati

PMO (Rangamati)

LGED (Dhaka)

Project

Sub-Office Project

Sub-Office Project

Sub-Office

SGIA

SGIA

SGIA

SGIA

SGIA

FGIA (Bangladesh Bank)

50

resettlement work. At the field level, staff of the HDC offices will assist with day to day activities in collaboration with the appointed INGO and three DROs.

164. The PD will ensure cooperation between the CRO and the District administrations to carry out land acquisition. The Project will arrange capacity enhancement training, supported by the PIC, of LGED staff upon their deployment to carry out resettlement activities. Capacity enhancement to include ADB resettlement policy and principles and to focus on differences between provisions of ADB policy and relevant country laws. The appointed INGO will open field offices in subproject districts, carry out information campaigns and involve APs, including women and vulnerable APs, from the very beginning in the implementation process. Figure 6 below shows the organization of the resettlement key persons and organizations. Private firms contracted by the PMO to prepare feasibility studies for subprojects will also prepare subproject LARPs based on detailed engineering designs prepared by private engineering firms hired by the CHTRC.

2. LAR Acquiring Body

165. The DCs have the power to acquire titled land and to assess compensation of properties thus acquired. CHT law provides the power to the DC, who conducts the acquisition through the district land administration officer (LAO). The LAO or his/her appointed officers, along with HDC, PMO and INGO staff, will conduct a joint physical verification of property on the land in accordance with the LAP which will be submitted by LGED as soon as the DD and confirmed alignments for the subprojects are available. The DC offices are responsible for the entire acquisition process. HDC/INGO will liaise with the concerned DC office to complete the land acquisition process in a timely fashion.

166. Common land grants will be verified by Headmen and Karbaris, with assistance from the INGO. Users of Common Land, whether registered or not, will be eligible for the grants, and the price of the land will be verified through the PVAT, as with the CCL process. Final verification of such grants will rest with the Circle Chief, as will verification of GRC decisions.

3. Project Implementation Consultants (PIC)

167. The PIC will have provision for: (i) one International resettlement specialist; and (ii) one Local resettlement specialist. The resettlement specialists will provide technical support to the HDC to supervise, in collaboration with the HDC engineers, LARP implementation by the INGO. The PMO will subcontract an experienced IMA for independent monitoring and review and evaluation of the resettlement process. The PIC will assist CHTRC to subcontract upazila and union road design to well qualified private engineering firms having capacity to meet international design standards.

4. LARP Implementing NGO (INGO)

168. The PMO will employ an experienced NGO to implement the LARPs in coordination with the DC, HDC and the PIC. The LARPs will clearly define the role and TOR for the INGO. The INGO mobilization will be no later than the approval of a first subproject under the Project. The INGO will subcontract at least three IP-Headed NGOs, one for each CHT district, to carry out field activities in IP communities.

5. Resettlement Processing Committees/Teams

169. MOCHTA, through a gazette notification, will form various committees/teams for implementation of the LARPs at the field level. The INGO will work as member secretary for all the committees/teams involving representatives of the DC, HDC, local government institutes

51

51

and APs, as the case may be. These committees/teams will ensure stakeholders' participation and uphold the interest of the vulnerable APs. The power and jurisdictions of the committees will be clearly defined in the gazette notification. The INGO will form an RAC to involve the local community and APs in the implementation process.

6. Property Valuation Advisory Team (PVAT)

170. A PVAT will be formed through a gazette notification by MOCHTA. The PVAT will review the assessment of the INGO of market prices for land and other property affected by the Project to determine their replacement cost. The scope and responsibilities of the PVAT will clearly be defined in the gazette notification. The INGO will process the entitlements of the Project APs using the PVAT data as one of the determinants. The PVAT will be a three member body and be comprised of: (i) the CRO to be Chairman; (ii) the LAO or a LAO-appointed district official; and (iii) the area manager of the INGO, who will be the PVAT Member Secretary.

Figure 6: Property Valuation Advisory Team (PVAT)

7. Grievance Redress Committee (GRC)

171. The grievance redress committee (GRC) will be formed at the union level for any grievances involving resettlement benefits, relocation, or other assistance. A gazette notification on the formation and scope of the GRC will be required from MOCHTA. The GRC for each Union will be comprised of: (i) EE/CRO/RC – Chairman; (ii) Area Manager of INGO as Member

Identification of Alignment and Affected Property by

HDC

PVAT to Collect Information

Conduct Property Valuation Survey (PVS)

for Land, Structure, Trees and other assets

CRO for approval of Unit Rate

Sub-Register Office for the Recorded Value of Land /Headman for Customary

Land

PVAT members

CRO, (PMO,HDC)

INGO Representative

DC /Headman Representative

Prepare Mouza wise existing RV/Unit Rate

Implementing Agency (PMO, HDC) for Preparing Budget with the help of PIC

Key Informants

Potential Buyer

Potential Seller

Deed Writer

Religious Leader

Local Elites

52

Secretary; (iii) the Union Parishad Chairman/Member as Member; (iv) one female Union Parishad member as member; and (v) one AP representative as member.

8. Resettlement Advisory Committee (RAC)

172. The INGO will form a resettlement advisory committee (RAC) at the subproject level to involve the local community and APs in the implementation process. The RACs will be comprised of an HDC representative as the Chairman, the INGO as Member Secretary and representatives of various stakeholders in the subproject area. The RACs will seek local inputs from APs and affected communities in the implementation process and assist the INGO in all matters related to resettlement, ensuring local participation in LARP implementation.

9. Payment Guidelines

173. The HDCs do not have any set codification for payment of grants to the entitled persons (EPs) or for resettlement of APs. Under the circumstances, detailed LARP implementation guidelines (payment modality) will be further strengthened to implement the LARPs at the field level. Both the HDCs and the INGO will follow the payment modality after its approval by the PMO‟s PD. The PIC‟s resettlement specialists will prepare the payment modality to facilitate the disbursement of all compensation by the DPMOs, and the PMO will approve it. The payment modality will include definition of the various resettlement terms, the entitlements, detailed procedures for identification of EPs for resettlement entitlements, indicate how to assess loss and entitlement of individual EPs, and processing of payments, including their disbursements and documentation.

53

Figure 7: Resettlement Organization Chart

MOCHTA

CHTRC (CRO)

PMO (PIC)

HDC DPMU DRO

Certifies Negotiated Result/Takes over

land to give to Contractors

Circle Chief Certifies GRC

Results

INGO Negotiation Catalyst &

AP Assistance Administers Common

Land Payment

Union Level DRO

PIC IR/IP Specialist Requires Common

Land on behalf of the Project

Land Verification

Headman Karbari

Advocate for AP

Affected

Person

GRC

PVAT Assesses Market Value

CHTRC = CHT Regional Committee HDC = Hill District Council PMO = Project Management Unit PIC = Project Implementing Consultant DPMU = District PMO CRO = Chief Resettlement Officer DRO = District Resettlement Officer IR/IP = Involuntary Resettlement/IP IMA = Independent Monitoring Agency GRC = Grievance Redress Committee

IMA Private

Engineering Firms

subcontracted by CHTRC

Provide Design & Surveys showing

Land Use in RoW

54

V. LARF BUDGET AND FINANCING

174. The LAR budget will include all costs for acquisition of assets and costs associated with IR. The PIC will assess, through social appraisal of preliminary subproject designs, the losses and disturbances and determine their compensation at current market value to prepare a LAR cost estimate, including contingencies. HDC will further, upon appointment of the INGO, determine the replacement price of land and other acquired property for the subproject through the PVAT. All monitoring expenses are budgeted in the subproject costs. Appropriate funding provisions will be made for internal and external monitoring; and for any CHTRC capacity building training that might be required. Monies for all CCL will come from GoB as well as for all associated grants except a grant for common land that will be funded by ADB and come through an Imprest Account.

175. The following table summarizes land (acres), structures, trees, APs and SAPs for all CHTRDP-II project components. Overall, with rounded figures, there may be about 1,070 acres acquired, some 270 acres requiring compensation along roads, some 175 structures comprising 87,565 ft2, 20,400 trees, 1,141 APs, roughly 341 SAPs.47 See Table 18 below.

Table 17: Estimated LAR Impacts for Compensation, CHTRDP-II

Project

Area (Acres)

Structures Trees

APs

SAPs No Ft

2

CHTRDP-II 1,070 175 87,565 20,400 1,141 341

AP = affected person; LAR = land acquisition and resettlement; SAP = severely affected person.

176. The estimated LAR cost of all CHTRDP-II subprojects will be firmed up when the design of the subprojects has been finalized. Based on the background of the model subproject and review of already constructed LGED upazila and union roads, the entire amount for land acquisition, resettlement and rehabilitation is estimated to be just over $2 million. See Table 18 below. LAR costs for the CHTRDP-II will be part of the loan, administered through an imprest account. Compensation for community infrastructure is expected to be minimal and therefore is included in LARF contingency budget. The contingency budget ($337,000) is large at 20%, due to the complex nature of the Project and the degree to which impacts will be unknown until after design of numerous sub projects.

Table 18: Estimated Costs for CHTRDP-II LARF

Loss No. Unit Tk/Unit Total (Tk) US$

Land (roads and markets) 270 Acres 115,000 31,030,427

Structures 87,565 Ft2 500 43,782,500

Trees 20,400 Trees 500 10,200,245

Loss Subtotal 85,013,172 1,214,474

Assistance

AP/SAP Grants 1 1,483 APs 7,000 10,377,983

SAP Income Generation 2 341 SAPs 35,000 11,950,365

Assistance Subtotal 22,328,348 318,976

Administration 10% 10,734,152 153,345

Subtotal 118,075,672 1,686,795

47

Up to 800 acres/1,500 APs may be required/impacted for construction of community infrastructure, but will utilize the process of direct negotiation or be donated by communities under a due diligence methodology.

55

55

Loss No. Unit Tk/Unit Total (Tk) US$

Contingency 20% 23,615,134 337,359

Total 141,690,806 2,024,154 1 Includes Stamp Duties and registration fees for replacement land purchase (50% will be able to buy land);

Crop compensation @ Tk 250/dec; Transition Allowance for Loss of Access to Agriculture Land@ Tk 500/Decimal; Special Assistance for vulnerable households.

2 Includes agriculture, fish production, herbs/medical plants, and poultry from MAD as well as livestock and fruit

nurseries; Cash Grant Income Substitution for Work Days; CBEs/ Business Reestablishment; Land Development , Transfer Grant and Reconstruction Grant for Lost Structures (Housing/ CBEs); Cash Grant for Affected Social Infrastructures.

177. The funds required for CCL land acquisition for registered land will be prepared by the DC‟s Land Acquisition Section and sent to the PMO for transferring the funds to the DPMOs. The additional benefits as per the framework will be paid directly to the EPs through the INGO. The INGO will assess the quantity of losses and EPs for resettlement benefits and deliver a resettlement budget to HDC for approval and periodic release of funds. The rehabilitation and training for APs will be provided through the INGO, based on a vulnerability and needs assessed carried out through a special census and consultation exercise. If acquisition begins 12 months after JVS, the replacement value will be increased at the rate of 10% per annum.

178. The PMO will ensure that the land acquisition and resettlement budgets are delivered to the DC on time and to the implementing NGO for timely implementation of the RPs. As the roads are linear, the implementation arrangements will allow land to be handed to contractors section-wise. The HDCs will also ensure that the LARPs are submitted to ADB for approval and that funds for compensation and entitlements under the LARPs, as well as completed Participatory Village Mapping (PVM) specified under the IPP, are fully provided to APs prior to the award of the civil work contract.

179. An experienced INGO will administer grants for common land, teamed with local IP-headed NGOs (See Appendix D for list of potential local IP-led NGOs).

VI. IMPLEMENTATION SCHEDULE

180. Feasibility studies for additional subprojects, including LARPs, will be prepared within two years of subproject identification. The institutional strengthening and capacity building activities will commence in Year 1 of the Project; these activities will taper off towards Project completion. Subproject implementation will be conducted following a rolling program over the 7-year life of the Project. LARPs will be implemented before the award of civil award contracts. However, the implementation schedule for subprojects will be prepared considering any possible changes from the detailed design and DMS. Displacement cannot occur for project components or sections that are ready to be constructed until payment at full replacement cost has been made.

181. Figure 8 indicates both the timeframe for both the LARF programs, running in parallel within the overall Project. The more detailed time schedule for LARPs implementation for the first batch of subprojects is presented in Figure 9.

56

Figure 8: Tentative LARP (within Component 3) Implementation Schedule in Context of Overall Project Timetable

57

Figure 9: Tentative LARP Implementation Schedule for Project

Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6

Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4

RP Planning

Census/Socio-economic Survey

Draft RP

Agricultural Land Survey

Revised RP/Final RP

Hiring of RP implementing Agency/NGO

Site Office of NGO

Relocation Activities

Community Consultation

Final list of APs

Final Notice to APs/CBEs/Others

Formation of RAC & GRC

Completion of Land acquisition Process

Payment of CCL by DC

Payment of transfer costs

Relocation of APs/CBEs/other structures

Project Land hand over to Contractor

Resettlement Activities

Income Restoration grant

Business restoration grant

Payment of MARV by HDC

VGs Social Forestry program/Road side plantation

Monitoring and Evaluation

Internal Monitoring

External Monitoring

Evaluation of the Project

58

VII. MONITORING AND EVALUATION

182. PMO/HDC, through the PD at the PMO, will establish a monitoring system involving the CRO, the CHTRC, the PIC and the INGO for collecting, analyzing and preparing quarterly progress reports on the progress of LARP implementation. The Ministry of Chittagong Hill Tract Affairs (MOCHTA) which is the executing agency (EA), through the PMO/HDC, will provide semi-annual and annual reports to ADB.

183. The LARP monitoring will be done both internally and externally to provide feedback to HDC and to assess implementation effectiveness. A mid-term review drawing upon monitoring and evaluation reports and other relevant data will identify any action needed to improve resettlement performance. Evaluation the LARP implementation will assess whether the resettlement objectives were appropriate and whether they were met, specifically, whether livelihoods and living standards were restored or enhanced. The evaluation will also assess resettlement efficiency, effectiveness, impact and sustainability, drawing upon lessons learned as a guide to future resettlement planning

A. Monitoring

184. Monitoring will be carried out by the PMO. The district resettlement officer (DRO), assisted by the field staff at HDC District offices and the INGO, will establish a monthly monitoring system and prepare a monthly progress report on all aspects of LARP implementation. The initial Census and SES will provide the benchmark data, and periodic surveys will be carried out to measure changes against this baseline data, using monitoring indicators such as found below in Table 19. Assisted by district and upazila engineers, the INGO, and the PIC resettlement specialist, PD-PMO will monitor land acquisition and resettlement. A management information system (MIS) developed by the INGO and installed and operated at the HDC office and INGO field offices will tabulate quantitative information obtained though the monitoring.

Table 19: Potential Monitoring Indicators

Monitoring Issues Monitoring Indicators

Budget and Timeframe o Have all land acquired and resettlement staff been appointed and mobilized for field and office work on schedule?

o Have capacity building and training activities been completed on schedule?

o Are resettlement implementation activities being achieved against agreed implementation plan?

o Are funds for resettlement being allocated to resettlement agencies on time?

o Have resettlement offices received the scheduled fund? Have funds been absorbed according to LARPs?

o Has all land been acquired and occupied in time for project implementation?

Delivery of AP Entitlements o Have all APs receive entitlements according to numbers and categories of loss set out in the entitlement matrix?

o Have APs received payment on time? o Have all APs received agreed resettlement benefits as per schedule

of payment? o How many affected households have received compensation for

titled land?

59

59

Monitoring Issues Monitoring Indicators

o How many affected households relocated and built their new structure at new location?

o How many APs are being able to purchase replacement land? o Are APs able to access to school, health service, cultural sites and

activities? o Are income and livelihood restoration activities being implemented as

planned? o Have affected farmers received entitlements? o Have affected business received entitlements? o Have the APs losing their livelihood received their entitlements? o Have APs losing their eroded land received proper compensation? o Have properly identified users of IP Common Land been

compensated? o Have the squatters, encroachers of khas land or LGED/or any other

Government of Bangladesh (GoB) land displaced due to the project been compensated?

o Have the community structures are compensated and rebuilt at new site?

o Are host communities sufficiently assisted for civic amenities where necessary?

Consultation, Grievances and Special issues

o Have resettlement information brochures/leaflets been prepared in Bangla and distributed?

o Have consultation taken as scheduled including meetings, groups, community activities?

o How many APs know their entitlements? How many know if they have been received?

o Have any APs used the grievance redress procedures? What were the outcomes?

o Have conflicts been resolved?

Benefit Monitoring o What changes have occurred in income and expenditure patterns compared to pre-project situation?

o Have APs income kept pace with these changes? o What changes have occurred for vulnerable groups?

B. Verification of Monitoring by External Expert

185. The resettlement specialist with the PIC team will supervise and monitor LARP implementation for HDC. The PIC will subcontract verification of monitoring to an external expert, which will be an experienced person or experienced and qualified external experts or NGO. The tasks of the external expert will be to: (i) verify results of internal monitoring; (ii) assess whether resettlement objectives have been met, especially 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 objectives were suited to AP conditions. The external expert will design and adopt methods and tools for data collection facilitating a comparable database of "before" and "after" resettlement conditions. The LARPs will set out a TOR for the external expert. Such external verification will take place every two years, commencing in December 2012. Indicators for external monitoring and evaluation are presented in Table 20.

60

Table 20: Indicators for Verification of Monitoring by External Expert

Monitoring Indicator Basis of indicators

Basic information on AP Households

o Location o Composition and structure, ages, educational and skill levels o Gender of Household heads o Ethnic identity of the household o Access to health, education, utilities and other social services o Housing type o Land and other resources and using pattern o Occupation and employment pattern o Income sources and levels o Agricultural production data o Value of assets forming composition and resettlement benefits

Reconstruction of living standards

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

o Have APs achieved replacement of key social and cultural element?

Reconstruction of Livelihoods

o Were compensation payments free of deduction of depreciation, fees or transfer cost to the APs?

o Were compensation payments sufficient to replace lost assets? o Was sufficient replacement land available of suitable standard? o If costs were involved, did the transfer and relocation payment cover

these costs? o Was the income substitute payment sufficient for the period of

transition? o Have the commercial enterprises affected received sufficient

compensation and re-established them? o Have vulnerable groups been provided affective income earning

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

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

o Do the APs know if these have been met? o How APs assess the extent to which their own living standards and

livelihoods have been restored? o How much do APs know about grievance procedures and conflict

resolution procedures?

Effectiveness of Resettlement Planning

o Were the APs and their assets correctly enumerated? o Was any land speculators assisted? o Was the time frame and budget sufficient to meet objectives? o Were entitlements too generous? o Were vulnerable groups identified and assisted? o How did resettlement implementers deal with unforeseen problems?

Other impacts o Were there unintended environmental impacts? o Were there unintended impacts on employment or income?

186. The PIC will conduct periodic review and supervision missions during the implementation stage. In addition to regular review missions, ADB will undertake a comprehensive mid term review of the LARP implementation. A post evaluation of LARP implementation will be carried out by the ADB to assess the resettlement impact in terms of adequacy and deficiency in planning and implementation of resettlement activities.

Appendix A 61

61

Appendix A: Ranking the Vulnerability of IP Communities in the CHT 1. Bangladesh is by and large religiously, ethnically and linguistically homogeneous. Its population of nearly 160 million (estimated 20101) it is roughly 85% Muslim, others mainly Hindu, Buddhist and Christian. More than 99% speak Bengali. The overwhelming numbers of people are ethnic Bengalis although they are a mixed group containing Aryan, Dravidian, Mongolian and other racial traits. Despite the homogeneity of people as a Bengali nation, the CHT comprising the districts of Rangamati, Khagrachhari and Bandarban has a significant number of ethnic minorities (0.45% of the total population of Bangladesh) who belong to the „mongoloid group‟ and live in a geographically compact area. The CHT is situated in the extreme southeast of Bangladesh, bounded on the north and northeast by the Indian state of Mizoram and Tripura, and on the south and southeast by Myanmar (Burma), and on the east by the district of Chittagong. The area is politically, strategically and economically a vital region, having common borders with both India and Myanmar.

2. The CHT is inhabited by a variety of ethnic groups (the IPs) popularly known in Bangladesh as „tribes.‟ Three major tribes are the Chakma, Marma and Tripura. They constitute more than 88 percent of the total number of IPs in the CHT. Other tribes are Mro, Bawm, Pankhua, Chak, Kheyang, Lushai and Khumi. The Chakmas, ncluding Tanchangyas and Marmas, are Buddhists. The Tripuras, including Murungs and Riangs, are Hindus. Earlier, the Mros were Buddhist and animists, but many now have their own religion. The Bawms, Pankhuas and Lushais are Christians. Overall, the social and political organization, way of life, economy and culture are more closely linked to those of the hill people of Assam and upper Myanmar than to the settled people who occupy the alluvial plains of the Ganges-Brahmaputra delta, which makes up the greater part of Bangladesh.

3. The term „indigenous peoples‟ (IPs) encompass a generic concept not easily reflected in a single term. Other terms relating to the concept of indigenous peoples include "cultural minorities," "ethnic minorities," "indigenous cultural communities, "tribals," "scheduled tribes," "natives, and "aboriginals. Accepted or preferred terms and definitions vary country by country, by academic discipline, and even by the usage of groups concerned. In Bangladesh, IPs are often referred to as Adibasi, small ethnic groups, ethnic communities, hill people (paharis) and forest people. Adibasis will be referred to as IPs, in line with ADB terminology, throughout the rest of this document.

4. ADB in its Policy on Indigenous People (April 1998) defines IPs as „groups with social or cultural identities distinct from those of the dominant or mainstream society, which makes them vulnerable to being disadvantaged in the process of development.‟ In addition, ADB recognizes that IPs exhibit certain defining characteristics such as:

Descent from population groups present in a given area, most often before modern states or territories were created and before modern borders were defined; and

Maintenance of cultural and social identities; and social, economic, cultural, and political institutions separate from mainstream or dominant societies and cultures.

5. According to the Bangladesh Bureau of Statistics (BBS) 2004, minority „ethnic groups‟ (meaning IP) in Bangladesh constitute about 1.13% of the total population, which is predominantly made of Bengalis, the nation‟s majority ethnic group.

6. In terms of geographical distribution within Bangladesh, IPs can be grouped into two broad categories:

IPs living within or close to forest areas in the plains and

1 The World Fact Book for Bangladesh: https://www.cia.gov/library/publications/the-world-factbook/geos/bg.html

https://www.cia.gov/library/publications/the-world-factbook/geos/bg.html

62 Appendix A

IPs living in hills, predominantly in the Chittagong Hill Tract (CHT).

7. Plains Area IPs. Within the plains, there is a high concentration of ethnic groups in Naogaon, Dinajpur Rajshahi, Rangpur and Joypurhat Districts of Rajshahi Division in northwest Bangladesh, constituting about 36% of the IP population of the country. There are some 6 IP groups identified in this part of Bangladesh, but more than half of them are Santals. The IP population constitutes less than 4% of the total population of the respective districts.

8. The hillocks of Sylhet Division may also be included in the Plains Area.IPs here are mostly in Maulavibazar and Hobigonj Districts constituting 8% Bangladesh‟s IP communities, with Khasia, Manipuri, and Tipra communities less than 3% of the district populations.

9. Mymensingh, Netrokona and Tangail region commonly known as the Madhupur area of Dhaka Division contain about 7% of the nation‟s IP population. The majority of these belong to the Garo/Mandi group, less than 2% of the district populations. In addition, a miniscule presence of tribal groups like Rakahain are found in coastal areas of Patuakhali (Barisal Division) and Cox‟ Bazar (Chittagong Division) districts. Similarly, miniscule IPs are found in Khulna Division in the largely uninhabited Sundarbans mangrove forest area.

10. Hill Area IPs. About 41% of the total IP population of the country lives in three districts of Rangamati, Bandarban and Khagrachari of CHT. They constitute about half of the total population of each district. Altogether there are 11 ethnic groups who live in these hill districts; but a vast majority of them belong to Chakma, Marma and Tripura groups.

Table A.A1: Areas of IP Concentration in Bangladesh

# Areas of IP Concentration Predominant IPs %

National IPs

% of District Populations

Plains

1 Rajshahi Division, Naogaon, Dinajpur Rajshahi, Rangpur & Joypurhat Districts

Santal, Munda 36 4%

2 Sylhet Division, Maulavibazar and Hobigonj Districts

Khasia, Manipuri & Tipra

8 3%

3 Madhupur Area of Dhaka Division Garo/Mandi 7 2%

4 Patuakhali (Barisal Division) and Cox‟ Bazar (Chittagong Division) Districts

Rakahain, Oraow/Oraon

6

5 Khulna Division, in Sundarbans 2

Hills 0

6 CHT Chakma, Marma & Tripura

41 50%

Total 100 --

CHT = Chittagong Hill Tracts; IP = indigenous people.

11. Historically, IP plains communities have remained at a disadvantaged position due to their geographical, social and political positioning and therefore have been economically marginalized, with low access to education or other social services, and denied access to power. The overall IP literacy rate, for instance, is below 20% compared to a national rate of 50% (BBS, 2004). IP traditional subsistence has been reliant on forests and shifting agriculture (jhum cultivation). The establishment of rubber plantations, national and eco-forest parks, and other development eroding forestlands have impacted the IP communities.

Appendix A 63

63

12. In recent times, the situation has improved to some extent where constitutional safeguards have been partially provided through either reservations or affirmative action for such groups. Still, their negotiation capacity to benefit equitably from the development activities remains weak compared to the majority Bengalis; and in many parts of the country they are in a continuing struggle for formal recognition their communal and private land ownership as well as their traditional rights to forest resources. The following maps provide an overview of IPs of Bangladesh as a whole and of the CHT in particular.

64 Appendix A

13. The map below doesn‟t show Bengalis or the larger IP groups, the Chakma, Marma, or Tripura, who are found in all the upazilas in the CHT. It indicates only the seven small IP groups who are a very small minority among the IPs, somewhat less than 10% combined, and the CHT upazilas where they are found. The map also shows the ranking of the upazilas according to a UNDP vulnerability matrix. Most are found in Bandarban, somewhat less in Rangamati, and none in Khagrachari District.

Map A.A1: The Smaller IP Groups in Ranked, by Less Developed CHT Upazilas

(1-4 Most to Least)

14. In the CHT, there is a wide range of likely vulnerability to development interventions among the IPs. The dominant Chakma, Marma and Tripura have a long history of established proto-states stretching back to the Moghul period and beyond and still reflected in a traditional

Appendix A 65

65

tribal political system in the CHT, consisting of a three-tier structure, the circle, mouza and para (village) under three tribal chief: 1) Chakma, 2) Mong and 3) Bohmong, more or parallel to the three CHT districts.

15. While the Chakma were the most impacted by the building of the Kaptai Dam, they nevertheless remain a dominant force among the CHT hill tribes, and the Marma and Tripura similarly have, relatively speaking, a greater resilience to development interventions and a greater capacity to take advantage of them. As the IPs themselves will be the primary beneficiaries of the project being prepared by the TA, it is expected that these three groups, who are already in close contact with lowland settlers, may possibly gain the most benefits from the proposed ADB-financed project. Some of the smaller IP groups, particularly those in more remote upland areas and who have long solely relied on jhum cultivation for their subsistence may be inadvertently impacted by development interventions, such as new roads allowing greater access to their localities by lowland settlers looking for new lands.

16. The following table may provide some indication of the level of vulnerability of the different CHT IP groups. The table provides a snap shot portrait of the CHT IP groups and appears to be backed up by statistics found in the 2009 CHT Socioeconomic Baseline Survey:2

2 Barua, B.P. 2007. Ethnicity and National Integration in Bangladesh: A Study of the Chittagong Hill Tracts. New

Delhi: Har Anand Publications, July 30. Also adapted from Human Development Research Centre (HDRC). 2009. Socio-Economic Baseline Survey of Chittagong Hill Tracts, Prepared for Chittagong Hill Tracts Development Facility (CHTDF): A project financed by the European Union. April 08

66

Ap

pe

ndix

A

Table A.A2: Initial Indices of IP Vulnerability Ranking (Derived from Barua 2001)

# IP Groups 1991

Population % Religion Indices for Vulnerability Ranking

Dominant, Larger IP Groups in CHT

1 Chakma 239,417 48.0 Theravada Buddhism

Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. Were disproportionately impacted by Kaptai reservoir dislocation in the early 1960s. Chiefs were assimilated into the Mughal administration as jagirdars (feifholders) and also as zamindars (landlords) in the plains. Claim descent from Kshatriya caste of which Gautama the Buddha was born. At top of the hierarchy, a raja (king) was created in the 17

th century, achieving ascendancy

of traditional kinship groups. Chakmas have been influenced by the relatively advanced Bengali society more than any other CHT tribal group. There is an emergent middle class containing different professional groups such as doctors, engineers, teachers and civil servants. The majority live in the Chakma Circle, roughly corresponding to Rangamati District.

2 Tanchangya 19,211 4.0 Theravada Buddhism

A subtribe of the Chakma, sometimes listed in census as separate tribe. Found in Kaptai, Bilaichari and Rajasthali thanas of Rangamati District and a few in Bandarban District. A few hilltop villages in southern part of Subalong Hills.

1

3 Marma 142,334 28.5 Buddhism Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. Are found in all districts of the CHT, but the majority live in the Mong and Bohmong Circles, roughly corresponding to Khagrachhari and Bandarban Districts. There are two major Marma groups, those under the Mong Circle under the Mong raja residing in the northern portion of Khagrachhari District whose residence is in Manikchhari. The southern group‟s Bohmong chief resides in Bandarban. These rajas were established as tax collectors for the Mughal, East India Company and British administrations. Originating from Myanmar, the Marmas continue to regard Myanmar as the center of their cultural life, with children often learning the Arakanese language. As with the Chakmas, there is an emerging middle class.

4 Tripuras 61,129 12.3 Hindu and Christian

Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. Tripuras profess a form of Hinduism and observe many Hindu rites and ceremonies as well as animistic rites. They claim caste Hindu status and have personal names of Bengali Hindu origin. As with the Chakma and Marma, there is an emerging middle class. Three Tripura subtribes are the Murung, Uchai and Riang, who are sometimes classified as separate tribes. Tripuras have mostly

1 The Doinak are a second subtribe of the Chakma who live in the Akyab District of Arakan area of Myanmar. The speak the Chakma language.

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# IP Groups 1991


settled in the northern region of the Mong circle (Khagrachhari District) but have scattered settlements in the Chakma and Bohmong Circles. Murungs live mainly in the hills along the Sangu and Matamuhuri Valleys in the Bandarban District. Uchais live in Bandarban District and some have converted to Christianity or Buddhism. Rings are found in the Barkal thana of Rangamati District.

Smaller IP Groups in CHT

5 Bawm 6,978 1.5 Christian Ridge top tribe generally reliant on jhum cultivation, though also engaged in gardening and trade. Bawms are thought to be an integration of Mro, Khumi and Marma ethnic groups and are concentrated in Ruma thana of Bandarban District, with a few settlements in Rangamati and Khagrachhari Districts. Compared to all other CHT IPs, the Bawms are considered well-to-do, with 67 percent literacy and a standard of living the highest among CHT IPs. They grow orange, pineapple, banana and jack fruit as cash crops and maintain shops and other enterprises. Most of the luxury goods finding their way into CHT markets are in their hands. They early adopted Christian norms and a rank-stratified society devoted to the accumulation of goods, particularly luxury ones.

6 Lushai 662 0.1 Christian Ridge top tribe generally reliant on jhum cultivation. The Lushai migrated from the Lushai (now Mizo) Hills in India, where most of them continue to live. The majority live in the Sajek Valley in the northeast of Rangamati District (Chakma Circle). Before the 1892 British conquest of the Lushai Hills, they were known as fierce head-hunters. Compared to other small CHT IP groups, the Lushai are educationally and culturally more advance and have generally adopted Western dress. They rely on jhum cultivation but also grow good quality oranges, mango, banana, jackfruit and sugarcane.

7 Mro 22,041 4.0 Crammadi (Krama),

Buddhism, Christianity

Ridge top tribe generally reliant on jhum cultivation. Mro are the most ancient and perhaps the aboriginal tribe of the CHT. The majority live on the hill tops and in the jungle valleys to the west of the Sangu River in the Bohmong Circle (Bandarban District). Their social system is distinct from other IPs in the CHT, with a uniform style of house, dress, food, customs and manners unaffected by outside influences. Many maintain their original way of life including a joint family residence and a „cow stabbing‟ ceremony in December and January reminiscent of similar rituals found in the Vietnamese highlands (among, for instance the Jarai),

2 with

very little contact with outsiders. While many are poor and illiterate, their society is thoroughly egalitarian. Some have lately become Buddhist or Christian and others

2 This is a personal observation of the TA‟s IP Specialist based on field work in the Vietnamese Central Highlands.

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have adopted a new religion of their own making called Crammadi. Some have recently adopted plough cultivation and are engaged in in selling agricultural products and in the timber business.

8 Pankhua 3,227 0.6 Christian Ridge top tribe generally reliant on jhum cultivation. Pankhua reside in Barkal and Jhurchari thanas of Rangamati District. Other information on their relative status visa vis other IP groups in the CHT will be derived from the 2009 UNDP socioeconomic study during the course of the TA.

9 Chak 2,000 0.4 Buddhist Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. The Chak are mainly in Bandarban District. While they practice both jhum and plough cultivation but are poor and have no experience in trade and business. Some have taken up primary school teaching and a few are studying in colleges and universities.

10 Kheyang 1,950 0.4 Buddhist, Christian

Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. The Kheyang live in Rajasthali thana and near Chandragona in Kaptai thana of Rangamati District and also on the top of hills in the Chemri mouza between the Sangu and Karnaphuli rivers in Bandarban District. They also live in Myanmar. They have been a nomadic tribe recently living in houses, living mainly on jhum. They are very much backward with respect to education.

11 Khumi 1,241 0.2 Krama, Christian, Buddhist

Ridge top tribe generally reliant on jhum cultivation. The Kumi are mostly in Ruma and Thanchi thanas of the Bohmong Circle (Bandarban District) and owe allegiance to the Bohmong chief. The Khumis are very poor and backward in education. They are nomadic in nature and main practice jhum. Their name is thought to come from an Arakanese word reflecting their dog eating propensities.

500,190 100%

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Appendix B: Maps and Lists of Completed LGED Upazila and Union Roads under CHTRDP-I

Map B1: CHT Region - Completed Upazila & Union Roads of CHTRDP-I

70 Appendix B

Map B2: Rangamati District - Completed Upazila & Union Roads of CHTRDP-I

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Map B3: Khagrachari District - Completed Upazila & Union Roads of CHTRDP-I

72 Appendix B

Map B4: Bandarban District - Completed Upazila & Union Roads of CHTRDP-I

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Table B1: Selected Upazila & Union Road under CHTRDP-I Rangamati District With Reference to Less Developed Upazilas

Sl No.

Name of Upazila/ Union Road Length (km)

1 Battali-Ugalchari Union Road 4.80

2 Bagachattar Union-Ghonomore Union Road 5.00

3 Burighat-Ghilachari Upazila Road 3.00

4 Sapchari High School-Puramon Peak Union Road 7.50

5 Bonjogichara-Shubolong Union Road 5.25

6 Kawkhali H/Q-Ghagra Bazar Upazila Road 7.69

7 Betbunia Chayeri Bazar-Barmachari Bazar union Road 8.00

8 Jhagrabil-Rangamati via Boradam Upazila Road 18.00

9 Wagga Junior High School-Sapchari Union Road 0.80

10 Bangalhalia R&H-Nalka Chari Union Road 4.00

11 Belaichari H/Q (Bazar)-Farua Bazar Union Road 9.50

74 Appendix B

Table B2: Selected Upazila & Union Road under CHTRDP-I Khagrachari District With Reference to Less Developed Upazilas

Sl No.

Name of Upazila/ Union Road Length (km)

1 Chengi (Monipur-Banbihar R&H Road) to Tarabanchara Union Road 4.95

2 Tabalchari-Bhaggya Karbaripara Union Road 2.20

3 Rasik Nagar Union Road 2.30

4 Thana Bazar-Alamgir Tila Union Road 5.18

5 R&H (Dewan para) Seondarpara union Road 3.00

6 Puraton Barnal-Hatimura Union Road 6.40

7 Khagrachari (District H/Q) to Mohalchari Upazila Road (End Maishchari Bazar)

12.50

8 Dabalchari-Choto Polac Union Road 6.00

9 Barapilac-Hatimura Union Road 6.93

10 Jalipara-Betnatoli Union Road 7.28

11 Manikchari Rajbari-Juggyachola Bazar Union Road 5.65

12 Monghlapara to Banniyachola D.P. Para Union Road 11.77

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Table B3: Selected Upazila & Union Road under CHTRDP-I Bandarban District With Reference to Less Developed Upazilas

Sl No.

Name of Upazila/ Union Road Length

(km)

1 Hansama-Bagmara-Antapara-Rajasthali Border Upazila Road 13.80

2 Balaghata-Bagmara Bazar Union Road 4.50

3 Chemidulu Para-Chemimukh Union Road 5.25

4 Raica Goalikhola Union Road 6.65

5 Rowangchari-Gheruwa Union Road 7.50

6 Holudia-Vaggyakul (Prantik Lake) Union Road 10.30

7 Ruma-Bandarbam R&H Ruma Battali Pantala Gelenga UP Union Road 5.65

8 Lama-Rupashipara Union Road 3.25

9 Sonaichari-Jumiapara Union Road 4.00

10 Dulahazara-Hargesa Union Road 7.15

11 Amtoli-Rangpu Headman Para Union Road (Ali Kadam Part) 10.50

12 Amtoli Union Road 1.35

13 Amtoli-Rangpu Headman Para Union Road (Rowangchari Part) 10.00

14 Chakdala Bazar-Ashartali BDR Camp Union Road 6.25

15 Kochubunia Uttar Ghumdhum Union Road 3.35

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Table B4: LISTS OF COMPLETED LGED UPAZILA AND UNION ROADS BY CHT AND DISTRICTS, NOVEMBER 10, 2010 District Upazila ID No Name of the Road Total Complete Remaining Proposed Ancillary work for Total Length Remarks

Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

L-Drain (m)

Toe wall (m)

R./ Wall (m)

X-Drai

n (m)

Boat Landing Ram

p (m)

1 2 3 4 5 6 7 8 9 10=6-

8 11=7-

9 12 13 14 15 16 17 18

19

1 Rangamati Kawkhali 484252005

Betbunia Chairy Bazar-Laxmichari Road via Barmachari

25.1 291.28

7.8 112.76 17.3 178.52

10 150 15000 2200 800 400 0 1st Priority

2 Rangamati Belaicahri 484292001

Belaichari bazar-Farua bazar road.(Up to Alikhong)

22 548 11.75 130 10.25 418 10.75 600 15000 1200 1000 680 0 1st Priority

4 Rangamati Baghaichari

484072002

Marishya bazar-Baghaihat bazar road.

18 2860 0 0 18 2860 8 250 3200 600 300 128 0 1st Priority

5 Rangamati Barkal & Jurachari

484212002

Suvolong bazar to Juraichari road via Bonjogichara (Eraichari Ghat)

8.5 950 2.906 0 5.594 950 5.59 950 1000 1500 900 440 0 1.50 km Proposed

under RIDP-CHT.

6 Rangamati Sadar 484872002

Const. of 60m, 120m, 60m & 120m Landing Ramph on Jagrabil- Rangamati via Borodam UZR road at Ch. 00+080km (Asambosti), 05+020km(Manikchari mukh), 08+020km(Borodham) & 09+100(Near Aowlad Bridge).

0 0 0 0 0 0 0 0 0 0 0 0 360 1st Priority

7 Rangamati Langadu 484582001

Longadu - Maina Mukh GC road

4.94 10 0 0 4.94 10 4.94 10 1200 350 100 40 0 1st Priority

8 Rangamati Kaptai 484362001

Raikhali GC Ferry Ghat - Rajsthali HQ via Mitingachari road

17.24 228 1.36 11.6 15.88 216.4 5 170 7000 500 120 200 0 1st Priority

Sub- Total of Upazila Road 95.78 4887.

28 23.81

6 254.36 71.96

4 4632.

92 44.28 2130 42400 6350 3220 1888 360

9 Rangamati Langadu 484583

004 Bogachattar Union-Ghonamor road

14.41 194 5.82 26 8.59 168 8.59 200 130 30 50 120 0 1st Priority

10 Rangamati Kawkhali 484253003

Batbunia Chairy Bazar-Bara Aoulia-Santir hat road. (New)

7.13 66.6 0.96 11.8 6.17 54.8 6.17 54.8 600 200 60 200 0 Link with Rangonia Upazila by

Kaptai -Ctg. Road.


484073014

Upazila Sadar - Horina Bazar via Bottali & Morghona Chara road

45 207.7 7 16 38 191.7 5 220 2000 300 150 120 0 1st Priority


484073019

Marishya bazar(Upazila sadar)-Mayanimukh bazar via Babupara, Battola & Daskin Saroatoli road.

40 720 10 420 30 300 15 250 1000 250 150 15 0 1st Priority

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District Upazila ID No Name of the Road Total Complete Remaining Proposed Ancillary work for Total Length Remarks

Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

L-Drain (m)

Toe wall (m)

R./ Wall (m)

X-Drai

n (m)

Boat Landing Ram

p (m)

13 Rangamati Jurachari 484473004

Const. of 120m, & 100m Landig Ramph on Bonjogichara- Shuvalong bazar UNR road at Ch. 07+900km (Near Shuvalong bazar) & 00+600(Near Bonjogichara bazar ).

0 0 0 0 0 0 0 0 0 0 0 0 220 1st Priority

14 Rangamati Rajosthali 484784008

Powitu R&H - Jimmorong - Chainkyamukh road

8 70 1 0 7 70 4 70 1000 250 50 32 0 1st Priority

Sub- Total of Union Road 114.5

4 1258.

3 24.78 473.8 89.76 784.5 38.76 794.8 4730 1030 460 487 220

Total of(UZR+UNR) 210.32

6145.58

48.596

728.16 161.724

5417.42

83.04 2924.8

47130 7380 3680 2375 580

1 Bandarban Ruma 403913003

Thana HQ(Ruma Mukh)-Gallangya UP office road

22 711.7 0 22.7 22 689 15 689 12000 850 250 450 0 1st Priority

2 Bandarban Sadar 403143005

Holudia-Vaggakul-Tankbati Road.

21 329 12 309 9 20 9 20 5000 210 85 50 0 1st Priority


Raicha-Goaliakhola Road. 7 318.86

7 88.86 0 230 0 230 0 180 0 0 0 Only Bridge on Sangu

River

4 Bandarban Alikadam 403043008

Sonaichari R&H Road - Ruposipara Road.

10 196.45

4 76.45 6 120 6 120 750 150 20 35 0 1st Priority

5 Bandarban Alikadam 403043001

Kalar Jiri Road. 8 90 4.77 19 3.23 71 3.23 71 350 120 25 21 0 1st Priority

6 Bandarban Rowangchari

403893001

Bebchari Road(Rowangchari-Bengchari Road)

19.75 357 1.1 6 18.65 351 18.65 351 12600 2250 550 62 0 1st Priority


403893003

Rowangchari-Gherow Road 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Nos Ghat at both side

of Sangu river(Gherow Bhaitor

para end & Gherow

Bazzar end)

8 Bandarban Lama 403513001

Lama-Rupashi Para Road. 14.01 459.75

9.51 365.75 4.5 94 4.5 94 3650 180 250 30 0 1st Priority


Baniarchar-Gazalia Raod. 12.8 152.15

4 32.45 8.8 119.7 8.8 119.7 4500 160 200 20 0 1st Priority

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Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

L-Drain (m)

Toe wall (m)

R./ Wall (m)

X-Drai

n (m)

Boat Landing Ram

p (m)

Sub-Total of Upazila Road 114.56

2614.91

42.38 920.21 72.18 1694.7

65.18 1694.7

38850 4100 1380 668 0


Ruma sadar-Ruma Bazar Road

1.5 78.8 1.5 48.8 0 30 0 30 0 100 50 0 0 1st Priority


Munnuam Para road - Mualpi Para road

8 75 0 0 8 75 8 75 2000 150 250 150 0

12 Bandarban Naikhongchari

403732004

Nakhyongchari-Chakdhala Bazar-Dakkhin Chakdhala Road.

12 273.4 0 91.4 12 182 7 182 250 90 30 60 0 1st Priority

13 Bandarban Naikhongchari

403732006

Naikhongchari-Tumbru 34.46 985.45

7.8 308.45 26.66 677 12 225 4500 500 125 350 0 1st Priority


403894018

Bijoy Para(K{achaptoli) - Bagmara(Purba Para) GC road

9.25 155 0 0 9.25 155 9.25 155 3000 300 600 50 0 1st Priority


Gainga Para - Chintabor Para Road

9.8 85 0 0 9.8 85 9.8 85 5700 120 140 22 0 1st Priority


Bandarban Chandarghona Road-Buddh Zadi Road.

0.7 7.25 0 3.25 0.7 4 0.7 4 500 25 15 3.5 0 1st Priority

Sub-Total of Union Road 75.71 1659.9

9.3 451.9 66.41 1208 46.75 756 15950 1285 1210 635.5

0

Total of (UZR+UNR) 190.27

4274.81

51.68 1372.11

138.59

2902.7

111.93

2450.7

54800 5385 2590 1303.5

0

1 Khagrachari Panchari 446772003

Panchari GC-Bhaibonchara GC via Shantipur arunya Kutir road

12 85.6 9 44.8 3 40.8 8 40.8 900 600 200 5.4 0 1st Priority

2 Khagrachari Panchari 446774015

Monipur (R&H) - Tarabone Chara Road.

3 60 0 0 3 60 3 60 900 600 300 7 0 1st Priority

3 Khagrachari Sadar 446492003

Upazila HQ (Kamolchari Muk)-Mahalchari GC (Singinala) via Bhuacharimuk, Itchari, East Gamaridala, Ultachari , Dutkuppya Road. (Sadar Part) [Link Road]

3 8 0 0 3 8 3 8 900 600 400 6 0 1st Priority


Bichitola Bazar Khagrachari Sadar HQ (Battali) road.

8 34.42 1.31 28.42 6.69 6 6.69 6 1500 800 500 7 0 1st Priority

5 Khagrachari Laxmichari 446612001

Laxmichari GC-Dullyatali GC Road

10.26 86.15 8 86.15 2.26 0 2.26 0 750 450 300 4.5 0 1st Priority

6 Khagrachari Matiranga 446703004

Bellchari Union HQ Ajuddah bazar road

15 91.2 6.4 91.2 8.6 0 8.6 0 1900 900 650 7 0 1st Priority

6 Sub-Total of Upazila Road 51.26 365.37

24.71 250.57 26.55 114.8 31.55 114.8 6850 3950 2350 36.9 0

7 Khagrachari Laxmichari

446613001

Laxmichari Upazila H/Q-Barmachari Union H/Q Road Upto Kawkhali Border.

20 207.83

4 207.83 16 0 16 0 4500 1200 900 15 0 1st Priority

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Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

Length

(km)

Span (m)

L-Drain (m)

Toe wall (m)

R./ Wall (m)

X-Drai

n (m)

Boat Landing Ram

p (m)

8 Khagrachari Laxmichari

446614016

Laxmichari Sadar Union HQ (Monghla Para) - Tintohari GC via D. P Para via Bainnyachola Road. (Laxmichari Part)

7.4 80.85 7.4 0 0 80.85 2.5 15 600 350 550 15 0 1st Priority (Widening)

9 Khagrachari Manikchari

446673003

Garitana GC-Batnatali Union H/Q Road via Jogyachola Bazar.

20 179.28

13.02 97.28 6.98 82 6.98 82 1560 450 690 10 0 1st Priority

10 Khagrachari Mohalchari

446653003

Sinduckchari Union H/Q-Dullahtali GC via Chailyatali Road. (Mahalchari Part)

9.7 274.1 3 184.1 6.7 90 6.7 90 1200 680 450 30 0 1st Priority


Dharmaghar-Dharmapur via Golakana Para (Banavantey Keyang) Road.

6.25 48.95 1.07 2 5.18 46.95 5.18 46.95 1300 750 350 20 0 1st Priority

12 Sub-Total of Union Road 63.35 791.01

28.49 491.21 34.86 299.8 37.36 233.95

9160 3430 2940 90 0

Total of (UZR+UNR) 114.61

1156.38

53.2 741.78 61.41 414.6 68.91 348.75

16010 7380 5290 126.9

0

SUMMARY

Total Upazila Road 261.6 7867.56

90.906

1425.14

170.694

6442.42

141.01

3939.5

88100 14400

6950 2592.9

360

Total Union Road 253.6 3709.21

62.57 1416.91

191.03

2292.3

122.87

1784.75

29840 5745 4610 1212.5

220

Grand Total 515.2 11576.77

153.476

2842.05

361.724

8734.72

263.88

5724.25

117940

20145

11560

3805.4

580

80 Appendix C

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Appendix C: The Chittagong Hill Tracts (Land Acquisition) Regulation, 1958

GOVERNMENT OF EAST PAKISTAN LEGISLATIVE DEPARTMENT

East Pakistan Regulation No. I of 1958 THE CHITTAGONG HILL-TRACTS (LAND ACQUISITION) REGULATION, 1958

A Regulation to provide for the acquisition of land in the Chittagong Hill Tracts

Whereas by Proclamation dated the 25th day of June, 1958, under Article 193 of the Constitution of the Islamic Republic of Pakistan, the President has assumed to himself all the powers vested in, or exercisable by the Governor of East Pakistan;

An whereas the President has, in pursuance of sub-clause (i) of clause (c) of the said Proclamation, been pleased to direct by Notification No. 22/11/58-Pol (I), dated the 4th of July, 1958, published in the Extraordinary Gazette of Pakistan, dated the 4th of July, 1958 that the power vested in, or exercisable by, the Governor under the constitution shall be exercised by the Governor;

AND Whereas it is expedient to provide for the acquisition of land in the Chittagong Hill Tracts;

AND Whereas by clause (3) of Article 103 of the Constitution of the Islamic Republic of Pakistan, the Governor is empowered to make Regulation for the peace and good government of the excluded area in his Province;

NOW, THEREFORE, the Governor of East Pakistan, in exercise of the said powers and all other powers enabling him in this behalf, is pleased to make the following Regulation, namely:-

Short title and Commencement

1. (I) This Regulation may be called the C.H.T. (Land Acquisition)

Regulation, 1958

(2) It shall come into force at once.

Definitions 2. In this Regulation, unless there is anything repugnant in the subject

or context,--

(a) “Deputy Commissioner” means the Deputy Commissioner of the

Chittagong Hill Tracts and includes any officer specially appointed

by the Provincial Govt. to perform all or any of the functions of the

Deputy Commissioner under this Regulation;

(b) „land‟ includes benefits to arise out of land, and things attached to

the earth or permanently fasted to anything attached to the earth;

Regu. I of 1900

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(c) „person interested‟ includes all persons claiming an interest in the

compensation to be paid on account of the acquisition of land under

this Regulation.

Acquisition. 3. (1) When any land held on valid title, which is not resumable under the Chittagong Hill Tracts Regulation, 1900 or the rules made thereunder, is required for any public purpose, the Deputy Commissioner may acquire such land by an order in writing.

(2) When an order is made under sub-section (1), the Deputy Commissioner shall serve a copy of such order on the person or persons interested:

Provided that if the Deputy Commissioner is of the opinion that the service of the copy of such order on each such person will cause delay in taking possession of the land, he may dispense with such service and cause a public notice of such order to given at convenient places in the locality.

(3) On and from the date of service of a copy of the order or publication of a notice under

sub-section (2), the land so acquired shall vest absolutely in the Provincial Government free

from all encumbrances and the Deputy Commissioner may take possession of such land by

using such force as may be necessary.

Compensation. 4. (1) When any land is acquired under sec. 3, the Provincial Government shall pay compensation therefore as may be determined by the Deputy Commissioner and in determining the amount of such compensation, the Deputy Commissioner shall take into consideration, -

Firstly, the market value of the land on the date of the order of acquisition, but he shall not take into consideration the changes in the value of the land resulting from the project to which the acquisition relates;

Secondly, the damage sustained by the person interested by reason of the taking of any structures, bamboos, trees or standing crops which may be on the land at the time of the Deputy Commissioner‟s taking possession thereof;

Thirdly, the damage, if any, sustained by the person interested at the time of the Deputy Commissioner‟s taking possession of the land by reason of severing such land from his other land;

Fourthly, the damage, if any, sustained by the person interested at the time of the Deputy Commissioner‟s taking possession of land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

Fifthly, if in consequence of the acquisition of the land by the Deputy Commissioner the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; and

Sixthly, the damage, if any, bona fide resulting from diminution of the profits of the land between the time of the service of a copy of the order or publication of the notice under sub-section (2) of section 3 and the time of the Deputy Commissioner‟s taking possession of the land.

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(2) In addition to the market value of the land, as above provided, the Deputy Commissioner shall, in every case, award a sum of fifteen per centum on such market value, in consideration of the compulsory nature of the acquisition.

Appeal. 5. (1) An appeal against an order made by the Deputy Commissioner determining the compensation under sec. 4 shall, if presented within thirty days of the date of service of the notice of such determination, lie to the Commissioner of Chittagong Division.

(2) The Board of Revenue may, either on its own motion or on application, revise any order passed by the Commissioner under sub-section (1).

Power to make rules. 6. The Provincial Government may make rules for carrying out the purposes of this Regulation.

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Appendix D: IP-Led NGOs for Potential Recruitment Rangamati District

# Organization/

NGO Contact Person Address Activities

Where Active

1 Hill Handicap Welfare Organization

T&T, Post Office Area, Rangamati Sadar Rangamati-4500

2 Friends

New Court Building,Banarupa, Rangamati-4500, Chittagong Hill Tracts, Bangladesh Tel: +880 351 62446

3 Moanoghar

Chanchau Chakma, Director Address: Rangapani, Rangamati, P.O Code. No. 4500, BOX# 5, Rangamati Hill Tracts, Bangladesh. Tel: 0351-62796 Email: [email protected],

Rangapani,Rangamati Sadar, Rangamati Hill Tracts. 4500 Tel- 880-0351- 61043 Email: [email protected] http://www.manusher.org/MOANOGHAR_6_2.html

MOANOGHAR was established in 1974 and it was registered from NGO bureau in the year 1980. Moanoghar is a Chakma word which means hill home, and for the last 27 years it become the shelter of, thousand of orphans from across the indigenous community. Basically the organization worked with the children who are affected by the ethnic tension of Chittagong Hill Tracts. Its not only shelter for orphans, but it also shelter for the children whom are separated from their parents.

4 The Himalayan Grassroots Women's Natural Resource Management Association (HIMAWANTI)

Tuku Talukder, National Coordinator, HIMAWANTI, Rangamati

Champaknagar, Rangamati Hill Tracts, Tel: 880-351-61634

http://www.bangcat.org/goda_2.3.pdf Goda (Small Earthen Dam for Rain Water Harvesting) Natural Resource Management MISSION AND OBJECTIVES The mission of HIMAWANTI shall be to ensure the emergence of appropriate policies and decision-making processes relating to programs aimed at organizing rural women and promoting their moral strength for the Conservation and Management of the natural resources of the Hindu Kush Himalayan region by giving priority to rural women of this region. In support of its overall mission. HIMAWANTI will have the following objectives: To develop

mailto:[email protected]

http://www.bangcat.org/goda_2.3.pdf

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Where Active

policies and programs to preserve natural resources and to manage such programs for the benefit of rural women. To share information and experiences among HIMAWANTI members and to exchange development ideas about the member countries management of natural resources. To explore management strategies for the preservation of natural resources and to provide information at the grassroots level on these subjects. To give suggestions to concerned government non-government and international organizations on natural resources management. To create and maintain programs for the empowerment building process of rural women. To undertake research on appropriate methods to preserve and manage natural resources and to solve problems related to these resources in a unified way and.To readdress misconceptions about appropriate mechanisms for resource management in governments and government policies in the Hindu Kush Himalayan region. http://www.tropicalbreezeorchestra.com/

5 Porbat Association For Human Resources And Assistant (PAHRA)

Md. Abbas Uddin Chowdury, (Executive Director)

North Kalindipur Rangamati,4500 Tel- 880-351-63061 Mobile-011747133 email- [email protected] http://pahra-cht.org/ Porbat Manob Unneyan-0-SahajyakariSangstha (PAHRA) North Kalindipur, Bijon Sarani P: O: Rangamati, P: S: Katowali

Mushroom Cultivation Skill Development; Tailoring / Cutting/ Handicraft / Backstop Loom Skill Development; Nursery Training, Local Seed Processing, Nepear Grass cultivation and Floating Gardening Skill Development; CHT Herbal Garden Project Awareness and Skill Development; Mushroom Cultivation Display in BSCIC Industry fair Awareness Development; Local

http://www.tropicalbreezeorchestra.com/

http://www.tropicalbreezeorchestra.com/


http://pahra-cht.org/

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# Organization/


Where Active

Rangamati, Bangladesh Phone: +88 0-351-63061 Fax: +88 0-351-63061 Mobile: +88 01556-320022 or +88 01819-122287 [email protected] [email protected] [email protected]

Tourism Development Project Development of Tourism Industry; CHT Forest Development Project Forest Management Skill Development; HIV / AIDS Project Awareness Raising; SAMPRETI, Phase – II Quality Improvement of Primary Education; WATSAN CMWSP, CHT European Comition & TIDES Foundation; CHT Textile Development Program Skill Development; Gender Project Gender Awareness and Skill Development; Human Rights Education Program ToT; Rat Flood Survey Rat Flood affected Area; Health Education Project Health Education in Local Language; Identification of drug addicted Survey; Blind Children‟s Treatment Project Operation of Blind Children; Socio-Economic Status Survey of HDRC & UNDP Baseline Survey; Information Communication Training program

6 Green Hill

Oung Thowai Ching Executive Director

Champak Nagar, Rangamati Tel: 0351 – 63343 Email: [email protected] Green Hill Raw-Zo House, Champak Nagar Rangamati Hill Tracts-4500 Tel: 0351-63343 Fax: 880-351-61156 E-mail: [email protected] Web Page: www. greenhill-cht.org

Based in the Chittagong Hill Tracts of Bangladesh, Green Hill is a people‟s non-political development organization, and was established on March 2, 1994 by some dedicated and highly educated tribal social workers and philanthropists of Rangamati, Chittagong Hill Tracts. We want to uplift the socio-economic status of poor CHT communities,

7 Taungya

Amar Shadha Chakma Executive Director Monobashis Chakma, In Charge, Education Project Dozy Tripura, In Charge

North Kalindipur, Rangamati Tel: 0351 – 62111 Email: [email protected] http://www.taungya.org.bd/

Established by Raja Devashish Roy, 1995. Developed Research Center, crop practice, marketing in Rangamati, funded by Echo-Netherland; Gender training; Multi-

Six projects ongoing in more than 150 paras. CEP-



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Rural Development and Gender Issues

AboutUs.aspx Good web site, description of projects, goals

lingual Primary education in remote areas, income generating activities for 22 schools, 39 Unions covered with forest/plantation programs, 38 VCF cooperates, issue of tenure [Hafiza/?, interviewed them 26 July]

Rajosthali & Bilaichari Karbari each para.

8 Centre for Indigenous Peoples Development (CIPD)

Rupayan Dewan e-mail: [email protected]

Rajbari road, Rajbari, Rangamati Tel: 0351-61109 Email: [email protected] http://www.cipdauk.org/index.php?option=com_content&view=article&id=47&Itemid=55 Adivasi Unnayan Kendra (Center for Indigenous Peoples Development-CIPD) Roy Bahadur Road (T & T Area) Rangamati - 4500 Bangladesh [email protected]. 0351-61013, 0351-62987 http://www.cipdauk.org [email protected] The CIPD was established on 10th May 1998 with a view to providing leverage to the indigenous people of the CHT in their efforts to improve their lot

Community Empowerment Program (CEP) Donor/ Partner: UNDP-CHTDF Budget and duration: BDT. 1,40,00,000 (April 2004-May 2009 & May 2009-December 2013) Objectives: To empowerment community people of CHT by generating awareness, building confidence and spirit of self reliance Activities: Formation of Para Development Committee (PDC), Union Facilitation Committee, Upazila Support Team/Advisory Committee; Implementation of community based projects on livestock, horticulture, fishery, cash crop production etc; Awareness Raising training, workshop, Day observation

Working Area & Coverage: Unions: Bandukbhanga, Balukhali and Jibtali Upazila: Rangamati Sadar Upazila No of Communities: 102

9 Strategic Actions Society

Lalit C. Chakma Executive Director

Kalyanpur, Rangamati Tel: 017122 76408 Strategic Action Society (SAS) P.O. Box 47 Rangamati-4500, Chittagongi Hill Tracts, Bangladesh. Email: [email protected] http://www.sasbd.org/index.html Office Location: Kallyanpur Area, Rangamati-4500

SAS is a voluntary development organization that was. established on 1st June 1999, as a consequence of. outstanding social effort by a group of indigenous young. peoples. It envisages to an equitable and just society where. peoples have overcome poverty and able to fulfill basic. .needs, .and their rights are established. We hope, this website will provide an opportunity to visitors


http://www.cipdauk.org/index.php?option=com_content&view=article&id=47&Itemid=55




http://www.sasbd.org/index.html

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Chittagong Hill Tracts Bangladesh Tel & Fax: 88-0351-62237, Mobile: 01712-276408 E-mail: [email protected], [email protected] Website: www.sasbd.org

to share extensive information and learn more about .this organization. We also feel that it is essential to open the door to getting access to information and thereby .ensure organization's one of the values 'Transparency and Accountability'. We welcome valuable comments on our .working reports and any other information so that we can see ourselves in other's eyes..

10 Garjantali Mahila Kallayan Samity

Garjantali,Rangamati Tel- 880-351-63219

Khagrachari District

# Organization/NGO Contact Person Address Activities Villages Where Active

1 Assistance for the Livelihood of the Origins (ALO)

Arun Kanti Chakma Executive Director

Chabai Road, Pankhaiya Para, Khagrachari-4400, Post Box-19, Chittagong Hill Tracts, Bangladesh Tel & Fax: +880 371 61559, 62067 E-Mail: [email protected] / [email protected]

2 Bangladesh Rural-Agriculture Progressive Association (BRAPA)

Chaithowai Marma Executive Director

Golabari (Raja Moni para), Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: +880 371 62116 (on request)

3 Humanity Welfare Association (HWA)

Mukta Ranjan Chakma Executive Director

Milanpur, Khagrachari-4400, Post Box -17, Chittagong Hill Tracts, Bangladesh Tel: +880 371 62242

4 Kabidang

Lalasha Chakma Executive Director

H# 301, Mohajanpara road, Mohajanpara, Khagrachari-4400. Tel: +880 371 62064 [email protected]

5 Khagrapur Mohila Kalyan Samity (KMKS)

Shefalika Tripura Executive Director

Khagrapur, Khagrachari Sadar Khagrachari-4400, Bangladesh Ph: +88 0371 62351 Email: [email protected] Website: www.kmks.org

http://www.sasbd.org/





http://www.kmks.org/

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6 Milanpur Mahila Samiti

Ms. Indira Chakma Executive Director

Chabai Road, Pankhaiya Para, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: +880 371 61191 (on request)

7 Parbattya Jumia Punarbashan “O”Paribesh Sangrakkhan Sangstha (PAJURECO)

Swaswato Chakma (Incharge) Executive Director

Shantinecaton, Collage Para, Khagrachari-4400 P.O. Box no: 12, Chittagong Hill Tracts, Bangladesh Tel: +880 371 61317 email: [email protected]

8 Parbatya Bouddha Mission (PBM)

Ven.Sumonalongkar Mahatheru Executive Director

Pilot Para, Kamalchari, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: +880 371 62841 Email: [email protected] / [email protected] website: chtpbm.org

9 Rurowa Laue Tathang (RLT)

Mong Mong Thun Marma Executive Director

Chabai Road, Pankhaiya Para, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: +880 371 62116 email: [email protected]

10 Trinamul Unnayan Sangstha (Trinamul)

Ripan Chakma Executive Director

Marma samsad building, Pankhaiyapar, Khagrachari-4400., Chittagong Hill Tracts, Bangladesh. Tel: +880371 61109 E-mail: [email protected], [email protected], [email protected]

11 Zabarang Kalyan

Samity Mathura Bikash Tripura Executive Director

Khagrachari-Dighinala Road, Khagrapur, Khagrachari- 4400, Chittagong Hill Tracts, Bangladesh Tel & Fax: +880 371 61708 E-mail: [email protected] [email protected]

12 Chittagong Hill Tracts Human Resource Development Organization. (CHT-HRDO)

Durbadal Chakma Executive Director

Jamtala, Disani store building, Kalyanpur, Khagrachari, Chittagong Hill Tracts, Bangladesh.










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Tel: +880361- 62365 E-mail: [email protected]

13 Fowara

Manatosh Marma Executive Director

Nilotpal sarak, Milonpur, Khagrachari, Chittagong Hill Tracts, Bangaldesh. Tel:+88037162598 E-mail: [email protected]

14 Borgang Foundation-

Anomudorshi Chakma Executive Director

Chabai Road, Pankhaiya Para, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel - +880371-62140

15 ALAAM SUGGESTED BY SUDIBHYA/ partnership with UNDP-CHTDF

16 BIRAM SUGGESTED BY SUDIBHYA/ working partnership with Aranyak Foundation

national forestry and environmental development

Bandarban District


1 Anannya Kallyan Sangathan (AKS)

Donai Prue Neli Executive Director

Main. Road, K.S. Prue Market.1st Floor, Bandarban- 4600, Chittagong Hill Tracts, Bangladesh Tel: +880 361 62864(off) 62350 (resident) Email: [email protected], [email protected].

2 Para Nari Kallyan Samity (BNKS)

Hla Shing Nue Executive Director Madhyam Para Bandarban Bandarban Hill Tracts Tel: 61235 (Res.)

Jadi Para, Bandarban-4600 Chittagong Hill Tracts, Bangladesh Tel: +880 361 62944 Mobile: 0175076105 Email: [email protected] [email protected] http://www.dailyneeds.com.bd/ngo/ngo0.html

3 Community Advancement Forum (CAF)

Rev. L. Dolian Executive Director

Ujani Para, Bandarban-4600, Post Box – 5, Chittagong Hill Tracts, Bangladesh Tel: 0361- 62987 Email: [email protected]




http://www.dailyneeds.com.bd/ngo/ngo0.html

http://www.dailyneeds.com.bd/ngo/ngo0.html

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4 Gram Unnayan Sangathan (GRAUS)

Chai Seing Moung Executive Director

Uzanipara, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: +880 361 62104 Fax: +880 361 62865 Email [email protected], [email protected]

5 Hilly Homes

Dendoha Jolai Tripura, Executive Director,

Ujani Para, Swapan Chowdhury Bldg.4th floor P.O. Bandarban-4600,Dist: Bandarban, Ph.+880 361 63212 Mob: 0172 67 35 662 E.mail: [email protected], [email protected]

6 Hope Bridge Aung Kyaw Khing Marma Executive Director

Uzani Para Main Road, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: +880 361 62824 Email: [email protected]

7 Tah Zing Dong

Aung Swe Sing (Mong Re) Executive Director

Uzani Para, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: +880 361-62498 (Resident) 62983(Office) Email: [email protected]

8 Toymu

Gabriel Tripura Executive Director

Beshantha Barua Building (3rd floor), New Gulshan, Bandarban-4600, Post Box-13, Chittagong Hill Tracts, Bangladesh Tel: +88 0361 62897 & Fax: +880 361 62497 Email: [email protected] [email protected]

9 Eco. Development Organization

Aungsathwi Marma, Executive Director

Mongnu Headman Building, Ground Floor,Uzani Para, Bandarban, BangladeshTel:+880361-63260, E-mail: [email protected] Andrew Dias

Discussed pilot agro-forestry project Funding from Manusher Jonno Foundation (MJF), Dhaka coming to an end in March 2011 – follow up email to Mr. Dias by IR/IP Specialist Aug 2, no response as yet

Met June 16 this year in Chemidulu Para of Bandarban District;


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Training Coordinator SIDR Project ECo-Development Union Para, Bandarban Sadar Bangladesh Phone 088-0361-63260 Mobile 01813-194609 Good Website for their Objectives/Activities: www.eco-dev-cht.org

10 Mro-chet

Piachong Mro Executive Director

Ujani Para, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: +880 361-62194 Email: [email protected]

11 Chetana Shisu Sadan

Swapan Chak, Executive Director

Naikhyangchari, Post Office: Naikhyangchari, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: 0176-621141(shapon chak)

12 Bandarban Disabled Peoples Organization to Development (Bandarban – DPOD)

Cha Ghy Hla Chak (Chicu) Executive Director

Circuit House Road, Memberpara, Bandarban, Tel: +880 0361 62641 Email: [email protected]

13 Humanitarian Foundation Maung Maung Shing Executive Director

Cinema Hall Road, Upo Soilo Dham (4th floor) Bandarban, Tel: +88 0361 62234 Email: [email protected], Website: www.hf-cht.org

14 Christian Commission for Development of Bangladesh (CCDB)

1

Focusing mainly on Bawm ethnic community. Their concentration is on livelihood restoration mainly through horticulture

CCDB has long and wide experience on

1 http://en.wikipedia.org/wiki/Christian_Commission_for_Development_in_Bangladesh Ethnic Community Development Programs: It includes five major thrusts:

local self-governance (the People's Institution programme), education (including the highly successful programme to provide local schools), ethnic culture, health, food security and the economic development, and environmental conservation. http://en.wikipedia.org/wiki/Bandarban_District Two church-based development organization - Christian Commission for Development in Bangladesh (CCDB) and Caritas are the major forces of development in the district. UNICEF is driving the education effort, which is mostly directed at younger children.

http://www.eco-dev-cht.org/

http://en.wikipedia.org/wiki/Christian_Commission_for_Development_in_Bangladesh

http://en.wikipedia.org/wiki/Food_security

http://en.wikipedia.org/wiki/Bandarban_District

http://en.wikipedia.org/wiki/Christian_Commission_for_Development_in_Bangladesh

http://en.wikipedia.org/wiki/Caritas_(charity)

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development. implementation of resettlement all over Bangladesh for various development projects. Right now CCDB is implementing the resettlement plan of Padma Multipurpose bridge.

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The Hill Tracts NGO Forum (HTNF) does not exist anymore, it was banned by government in 2005. Somewhat in different form another organization was set up latter. It‟s name is Maleya Foundation – it can possibly represent the local NGOs.

ADB’s SAFEGUARD POLICY UPDATE (SPS) Multistakeholder Consultation Workshop Manila, Philippines, 19-20 November 2008 Mr. Mrinal Kanti Tripura Director Maleya Foundation Khagrapur, Khagrachari Khagrachari Hill District-44000 Chittagong Hill Tracts (CHT) Bangladesh http://www.adb.org/Documents/Safeguard/Multistakeholders-Participants.pdf Maleya Foundation

The Maleya Foundation (Maleya) was founded in 2003 by a group of committed personal of the Chittagong Hill Tracts (CHT). The Maleya Foundation was established to strengthen the capacities of major development actors of the CHT region, such as rural communities, local NGOs, community-based organizations, people‟s organizations and mass-based organizations, among others. http://www.tebtebba.org/index.php?option=com_weblinks&view=category&id=7%3Aindigenous-organizations-and-networks&Itemid=8 IP welfare associations: 1. Mro Social Council;

2. Chak Social Welfare Organization and Chak NGOs working in Bandarban such as Chetana Shishu Sadan and Chak Unnayan Samsad;

3. Khyang Tribal Welfare Association; [also Khyang] Bandarban Sadar, Rowangchari and Thanchi. Khyang Social Development Organization; [Kyang] Christian and Cultural Development Organization works for the Lai Tu clan only;

4. Bawm Social Council;

5. Tripura Sangshad (K.) and Tripura Kallyan Samity;

6. Tanchangya Welfare Association;

7. and for Chakma/Marma/others?

http://www.adb.org/Documents/Safeguard/Multistakeholders-Participants.pdf

http://www.tebtebba.org/index.php?view=weblink&catid=7%3Aindigenous-organizations-and-networks&id=53%3Amaleya-foundation&option=com_weblinks&Itemid=8

http://www.tebtebba.org/index.php?option=com_weblinks&view=category&id=7%3Aindigenous-organizations-and-networks&Itemid=8

http://www.tebtebba.org/index.php?option=com_weblinks&view=category&id=7%3Aindigenous-organizations-and-networks&Itemid=8

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Appendix E: The Chittagong Hill Tracts Peace Accord of 1997

The Chittagong Hill Tracts Peace Accord of 19971

Under the framework of the Constitution of Bangladesh and keeping full and firm confidence in the sovereignty and integrity of Bangladesh, to uphold the political, social, cultural, educational and economic rights of all the people of Chittagong Hill Tracts region and to expedite socio-economic development process and to preserve and respect the rights of all the citizens of Bangladesh and their development, the National Committee on Chittagong Hill Tracts, on behalf of the government of the People‟s Republic of Bangladesh, and Parbatya Chattagram Jana Sanghati Samity, on behalf of the inhabitants of Chittagong Hill Tracts, have reached the following agreement in four parts (A, B, C, D):

A) (Ka) GENERAL

1. Both the sides have recognised the need for protecting the characteristics and attaining overall development of the region considering Chittagong Hill Tracts as a tribal inhabited region.

2. Both the parties have decided to formulate, change, amend and incorporate concerned acts, rules and regulations as soon as possible according to the consensus and responsibility expressed in different sections of the agreement.

3. An Implementation Committee shall be formed to monitor the implementation process of the agreement with the following members:

a) A member nominated by the Prime Minister: Convenor b) Chairman of the Task Force formed under the purview of the agreement: Member c) President of Parbatya Chattagram Jana Sanghati Samiti: Member

4. The agreement shall come into effect from the date of the signing and execution by both the sides. This agreement shall remain valid from the date of its effect until all the steps are executed as per the agreement.

B) (Kha) CHITTAGONG HILL TRACTS LOCAL GOVERNMENT COUNCIL/ HILL DISTRICT COUNCIL

Both sides have reached agreement with regard to changing, amending, incorporating and omitting the Hill District Local Government Council Acts 1989 (Rangamati Hill District Local Government Council Act 1989, Bandarban Hill District Local Government Council Act 1989, Khagrachhari Hill District Local Government Council Act 1989) and its different sections which were in existence before this agreement came into being, as below:

1. The word “tribal” used in different sections of the Council Acts shall stay.

2. The name “Hill District Local Government Council” shall be amended and the name of council shall be “Hill District Council.”

1 Found at: http://en.wikipedia.org/wiki/Chittagong_Hill_Tracts_Peace_Accord

http://en.wikipedia.org/wiki/Chittagong_Hill_Tracts_Peace_Accord

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3. “Non-tribal permanent residents” shall mean a person who is not a tribal but has legal land in the hill district and generally lives in the hill district at a specific address.

4. a) There shall be 3 (three) seats for women in each of the Hill District Councils. One third (1/3) of these seats shall be for non-tribals.

b) Sub-sections 1,2,3 and 4 of section 4 shall remain in force as per the original act.

c) The words “deputy commissioner” and “deputy commissioner‟s” in the second line of sub-section (5) of section 5 shall be replaced by “circle chief” and “circle chief‟s”.

d) Following sub-section shall be added in section 4:

Whether a person is a non-tribal shall be determined, along with the identity of non-tribal community to which he belongs, by the concerned Circle Chief on the provision of submission of certificate from concerned Headman/Pourasabha chairman/Union Parishad chairman and no person can be a candidate for the office of the non-tribal member without a certificate from the concerned Circle Chief in this regard.

5. It is narrated in section 7 that a person elected chairman or member shall make an oath or announcement before the Divisional Commissioner of Chittagong. By amendment of it there shall be incorporated that the members shall make oath or announcement before “ a Justice of High Court Division” instead of “Divisional Commissioner of Chittagong”.

6. The words “to Divisional Commissioner of Chittagong” will be replaced by “as per election rules” in the fourth line of section 8.

7. The words “three years” shall be replaced by “five years” in the second line of section 10.

8. There shall be a provision in section 14 that if the office of the Chairman falls vacant or in absence of the Chairman, a tribal member elected by other members of the Council shall preside and perform other responsibilities.

9. The existing section 17 shall be replaced with the sentences as mentioned below:

A person shall, under the law, be eligible to be enrolled in the electoral roll, if

(1) he is a citizen of Bangladesh; (2) he age is not less than 18 years; (3) he is not declared mentally unsound by any competent court; (4) he is a permanent resident of Hill District.

10. The words “determination of electoral constituency” shall be added in the sub-section (2) of section 20.

11. There shall be a provision in sub-section (2) of section 25 stating that the chairman and in his absence a tribal member elected by other members shall preside over all the meetings of the council.

12. As the entire region of Khagrachhari district is not included in the Maung circle, the words “Khagrachhari Maung Chief” in section number 26 of Khagrachhari Hill District Council Act shall be replaced by the words “Maung Circle Chief and Chakma Circle Chief.” Similarly,

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there shall be scope for the presence of Bomang Chief in the meeting of Rangamati Hill District Council. In the same way, there shall be provision that the Bomang Circle Chief can attend the meetings of Bandarban Hill District Council meetings if he wishes or is invited to join.

13. In sub-section (1) and sub-section (2) of section 31 there shall be a provision that a chief executive officer equivalent to the status of a deputy secretary shall be the secretary in the Council and there shall be provision that the tribal officials would be given priority for this post.

14. a) There shall be a provision in sub-section (1) of section 32 that for the proper conduct of its affairs the Council may, with the approval of the government, create posts of various categories of officers and employees.

b) Sub-section (2) of section 32 shall, by amendment, be made as follows:

The Council can, in accordance with regulations, appoint class three and class four employees, and can transfer, suspend, dismiss, remove or can impose any other punitive action on them. But provided that the priority of the tribal inhabitants must be maintained in case of the said appointments.

c) There shall be provision in the sub-section (3) of section 32 stating that:

The government can, in consultation with the Council, appoint other officers as per regulation and can transfer, suspend, dismiss, remove or can impose any other punitive action on them.

15. In sub-section (3) of section 33 “as per regulation” shall be mentioned.

16. The words “or any other way determined by the government” placed in the third line sub-section (1) of section 36 shall be omitted.

17. a) The original law shall be in force in the fourth paragraph of sub-section (1) of section 37.

b) “As per rules” will be included in Sub-section (2), sub-sub-section (d), of section 37.

18. Sub-section (3) of section 38 shall be repealed and by amendment, the sub-section (4) shall be framed as follows:

At any time before the expiry of the financial year, if deemed necessary, budget may be formulated and sanctioned.

19. In section 42 the following sub-section shall be added:

The Council with the fund received from the government shall formulate, initiate and implement development projects on the subjects transferred and all the development works initiated at the national level shall be implemented by the concerned ministry/department through the Council.

20. The word “government” placed in the second line of sub-section (2) of section 45 shall the replaced with the word “Council”

21. By repealing the sections 50, 51 and 52, the following section shall be made:

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The government, if deemed necessary, may advice or order the Council, in order to ensure conformity with the purpose of this Act. If the government is satisfied with definite proof that anything done or intended to be done by the Council, or on behalf of the Council, is not in conformity with law, or contrary to public interest, the government may seek information and clarification and give advice or instruction to the Council on the concerned matters in writing.

22. In sub-section (3) of section 53, the words “if the period of super session is completed” shall be repealed and “within ninety days of super session” shall be incorporated before the words “this Act”.

23. The words “of the government” in the third and fourth lines of section 61 shall be replaced with the words “of the ministry”

24. a) By amendment, sub-section (1) of section 62 shall be made as follows:

Notwithstanding anything contained in any Act for the time being in force, all members of the rank of Sub-Inspector and below of Hill District Police shall be appointed by the Council in manner laid down by regulations, and the Council may transfer and take disciplinary action against them as per procedure laid down by regulations; provided that in the manner of such appointment tribals shall be given priority.

b) The words “subject to the provision of all other laws for the time being in force” placed in the second line of sub-section (3) of section 62 shall be repealed and substituted by the words “as per rules and regulation”.

25. The words “providing assistance” will remain in third line in section 63.

26. Section 64 shall be amended as follows:

a) Notwithstanding anything contained in any law for the time being in force, no land, including those land suitable for giving settlement, within the boundaries of Hill District shall be given in settlement including giving lease, purchased, sold and transferred without prior approval of the Council; provided that this provision shall not be applicable in case of areas within the reserved forests, Kaptai Hydroelectricity Project, Bethbunia Earth Satellite Station, State-owned industries and factories and lands recorded in the name of government.

b) Notwithstanding anything contained in any law for the being in force, no lands, hills and forests within the control and jurisdiction of the Hill District Council shall be acquired or transferred by the government without consultation and consent of the Hill District Council.

c) The council can supervise and control functions of Headman, Chainman, Amin, Surveyor, Kanungo and Assistant Commissioner (land).

d) Fringe land in Kaptai Lake shall be given settlement on priority basis to original owners.


Notwithstanding anything contained in any other law of for the time being in force, responsibility of collecting land development tax shall be entrusted in the Council and the said tax collected in the District shall remain in the account of the Council.

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28. By amendment of section 67 it shall be made as follows:

If deemed necessary for coordination of activities between the Council and government authorities, government or the Council shall put specific proposal on certain matter(s) and functions may be coordinated by mutual correspondence between the Council and the government.

29. By amendment of sub-section (1) it shall be made as follows:

The government in consultation with the Council can, by notification in the official gazette, make rules for carrying out the purposes of this Act and even after the rules had been made, the Council shall have special right to file petition for reconsideration of the rules.

30. a) In the first and second paragraphs of sub-section (1) of Section 69, the words “prior approval of the government” shall be omitted and the following part shall be added after the words “can do” in the third Para:

“Provided that if the government differs with any part of the regulation made by the Hill District Council then the government can give advice or instruction for amendment of the said regulation”.

b) The words “transfer of power of Chairman to any officer” mentioned in the (h) of sub-section (2) of section 69 shall be omitted.

31. Section 70 shall be omitted.


If in the opinion of the Council any law applicable to Hill District, passed by the national parliament or any other authority, is found to be hurtful to the district or objectionable to the tribal people, the Council may file petition in writing, for the purpose of amendment or relaxation of its application, to the government stating the reasons for which the law is being hurtful or objectionable and the government shall in the light of the petition, adopt necessary remedial measures.

33. a) The word “supervision” shall be added after the word “order” in the No. 1 of the functions of the Council in the First Schedule.

b) The following subjects shall be added in the No. 3 of the functions of the Council:

Vocational training;

Primary education in mother tongue;

Secondary education.

c) The words “or reserved” placed in sub-section 6(b) of the function of the Council in the First Schedule shall be omitted.

34. The following subjects shall be added in the functions and responsibilities of the Hill District Council:

a) Land and land management

b) Police (local)

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c) Tribal law and social justice

d) Youth Welfare

e) Environment preservation and development

f) Local tourism

g) Improvement trust and other local government institutions except Pourasabha and Union Councils

h) Licensing for local trade and business

i) Proper utilization of water resources of rivulets, canals, ponds and irrigation except Kaptai lake

j) Preservation of death and birth and other statistics

k) Money lending and trade

l) Jhum Cultivation.

35. The following sectors and sources shall be included in the taxes, rates, tolls and fees to be imposed by the Council as stated in the second schedule:

a) Registration fee from non-mechanical transports

b) Tax on sale and purchase of goods

c) Holding tax from land and buildings

d) Tax on sale of domestic animals

e) Fees from cases of social justice

f) Holding tax on government and non-government industries

g) Part of royalty from forest resources

h) Supplementary tax from cinema, theatre and circus, etc.

i) Part of royalty from license or lease given by the government for exploration and extraction of mineral resources

j) Tax from business

k) Tax from lottery

l) Tax from fishing

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C) (Ga) THE CHITTAGONG HILL TRACTS REGIONAL COUNCIL

1. A Regional Council shall be formed in coordination with the 3 Hill District Local Government Councils provided that various sections of the Hill District Local Government Council Act 1989 (Act No. 19,20 and 21 of 1989) shall be amended with an aim to make the three Hill District Local Government Councils more powerful and effective.

2. Chairman of this Council shall be elected indirectly by the elected members of the Hill District Councils, his status shall be equivalent to that of a State Minister and he must be a tribal.

3. The Council shall be formed with 22(twenty-two) members including the Chairman. Two-thirds of the members shall be elected from among the tribals. The Council shall determine its procedure of functioning.

Composition of the Council shall be as follows:

Chairman 1

Members Tribal 12

Members Tribal (women) 2

Members non-tribal 6

Members non-tribal(women) 1

Among the tribal members 5 persons shall be elected from the Chakma tribe, 3 persons from the Marma tribe, 2 persons from the Tripura tribe, 1 person from the Murung and Tanchangya tribes and 1 person from the Lusai, Bawm, Pankho, Khumi, Chak and Khiyang tribes

Among the non-tribal members 2 persons shall be elected from each district. Among the tribal women members 1 woman shall be elected from the Chakma tribe and 1 woman from other tribes.

4. Three seats shall be reserved for women in the Council, one-third of which will be non-tribal.

5. The members of the Council shall be elected indirectly by the elected members of the Hill District Councils. Chairman of three Hill District Councils shall be ex-officio members of the Council and they shall have voting rights.

Eligibility and non-eligibility of the members of the Council shall be similar to that of the Hill District Councils.

6. The tenure of the council shall be five years. Budget preparation and its approval, dissolution of council, formulation of council‟s regulation, appointment of and control over officers and employees and matters related to concerned subjects and procedures shall be similar to the subjects and procedures given in favour of and applicable for the Hill District Council.

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7. A chief executive officer equivalent to the rank of a Joint Secretary of the government shall be appointed in the council and tribal candidates would be given priority in the appointment for the post.

8. a) If the office of the Chairman of the Councils falls vacant then a member from among the tribal members would be indirectly elected as Chairman by the members of Hill District Councils for an interim period.

b) If any office of a member of the Council falls vacant for any reason then that shall be filled through by-election.

9. a) The Council, including coordination of all development activities conducted under the three Hill District Councils, shall supervise and coordinate the subjects vested upon the Hill District Councils. Besides these, if any lack of coordination and inconsistency is found among the Hill District Councils in discharging their responsibilities the decision of the Regional Council shall be taken as final.

b) The Council shall supervise and coordinate local councils including the municipalities.

c) Regional Council can coordinate and supervise in the matters of general administration, law and order and development of the three Hill Districts.

d) The Council can conduct programmes related to disaster management and relief, and also coordinate the activities of the NGOs.

e) Tribal laws and social justice shall be under the jurisdiction of the Council.

f) The Council can issue license for heavy industry.

10. The Chittagong Hill Tracts Development Board shall discharge its responsibilities under general and overall supervision of the Council. In case of appointment of Chairman of the Development Board, the government shall give priority to competent tribal candidates.

11. If the Regional Council finds any rule of the 1900 CHT Regulations and other related laws, rules and ordinances as contradictory to the 1989 Hill District Council Acts, then the government shall remove that inconsistency in law according to recommendation of and in consultation with the Regional Council.

12. Until Regional Council is constituted through direct and indirect election the government may, by constituting an interim Regional Council, entrust the responsibilities of the Council on it.

13. If the government wants to formulate any law regarding CHT, it shall do so in consultation with and according to the recommendation of the Regional Council. If there arises the necessity to amend any law that may be harmful for development of the three Hill Districts or for the welfare of the tribals, or to make any new law, the Councils may file a petition or put recommendation before the government.

14. The fund of the Council shall be created from the following sources:

a) Fund received from the Hill District Councils‟ fund;

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b) Money or profits from all properties vested in and managed by the Regional Council;

c) Grant and loan from the government or any other authority;

d) Grant from any institution or individual;

e) Profit accruing from investment by Regional Council;

f) Any other moneys received by the Regional Council;

g) Money received from such sources of incomes as the government may direct to be placed at the disposal of the Regional Council.

b. D) (Gha) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS

Both sides have reached the following position and agreement to take programmes for restoring normal situation in Chittagong Hill Tracts area and to this end on the matters of rehabilitation, general amnesty and others related issues and activities:

1. An agreement has been signed between the government and he refugee leaders on March 9, 1997 with an aim to take back the tribal refugees from India‟s Tripura State based on the 20-point Facilities Package. In accordance with the said agreement repatriation of the refugees started since March 28, 1997. This process shall continue and with this in view, the Jana Sanghati Samiti shall provide all kinds of possible cooperation. The Task Force shall, after determination, rehabilitate the internally displaced tribal people of three districts.

2. After signing and implementation of the agreement between the government and the Jana Sanghati Samiti, and after rehabilitation of the tribal refugees and internally displaced tribal people, the government, in consultation with the Regional Council to be formed as per this agreement, shall start cadastral survey in CHT as soon as possible and after finalization of land ownership of tribal people by settlement of land dispute through proper verification, shall record their land and ensure their land rights.

3. The government, to ensure the land rights of the tribal families which are landless or possess less than 2 acres of land, shall provide two acres of land to each such family, provided that lands are available in the locality. If requisite lands are not available then grove land shall be provided.

4. A commission (Land Commission) headed by a retired justice shall be formed for settling land disputes. This commission, in addition to settling disputes of lands of the rehabilitated tribal refugees, shall have full power for cancellation of ownership of those lands and hills which have been so far illegally settled and occupied. No appeal can be made against the judgement of this commission and decision of this commission shall be final. This shall also be applicable in case of fringe land.

5. This commission shall be set up with the following members:

Retired justice; Circle chief (concerned); Chairman of Regional Council/representative; Divisional Commissioner/Additional Commissioner Hill District Council Chairman (concerned)

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6. a) The term of the commission shall be three years. But its term can be extended in consultation with the Regional Council.

b) The Commission shall settle disputes according to the existing rules, customs and practices of Chittagong Hill Tracts.

7. The tribal refugees who received loans from the government but could not utilize them properly due to conflicting situation shall be exempted from repayment of loans and interests.

8. Allotment of lands for rubber plantation and other purposes: Settlement of land, of those non-tribals and non-locals who were given settlement of lands for rubber plantation and other purposes but had not undertake project within the past 10 years or had not utilized their lands properly, shall be cancelled.

9. The government shall allot additional funds on priority basis for implementation of increased number of projects in CHT. New projects formulated with an aim to make necessary infrastructures for facilitating development in the area shall be implemented on priority basis and the government shall provide funds for these purposes. The government shall, considering the state of environment in the region, encourage developing tourism for tourists from within the country and abroad.

10. Quota reservation and scholarships: Until development equals that of other regions of the country the government shall continue reservation of quota system in government services and educational institutions for the tribals. For this purpose, the government shall grant more scholarships for the tribal students in the educational institutions. The government shall provide necessary scholarships for research works and higher education abroad.

11. The government and the elected representatives shall be active to preserve the distinctiveness of the tribal culture and heritage. The government in order to develop the tribal cultural activities at the national level shall provide necessary patronization and assistance.

12. The Jana Samhati Samiti shall submit to the government the lists of all its members including the armed ones and the arms and ammunition under its possession and control within 45 days of signing this agreement.

13. The government and the Jana Samhati Samiti shall jointly determine the date and place for depositing arms within the 45 days of signing this agreement. After determination of date and place for depositing arms by the members included in the list of the Jana Samhati Samiti the government shall ensure security for return of JSS members and their family members to normal life.

14. The government shall declare amnesty for the members who shall deposit their arms and ammunition on the scheduled date. The government shall withdraw the cases against whom cases have been lodged.

15. If anyone fails to deposit arms on the scheduled date the government shall take lawful measures against him.

16. After the return of all JSS members to normal life general amnesty shall be given to them and to the permanent residents who were involved in the activities of the Jana Sanghati Samiti.

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a) In order to provide rehabilitation to all returnee JSS members a lump sum of Taka 50,000/- shall be given to each family.

b) All cases, warrants of arrest, held against any armed member or general member of the Jana Sanghati Samiti shall be withdrawn and punishment given after trial in absentia shall be exempted after surrender of arms and coming back to normal life as soon as possible. Any member of the Jana Sanghati Samiti in jail shall be released.

c) Similarly, after surrendering arms and coming back to normal life, no case can be filed or no punishment can be given to any person for merely being a member of the Jana Sanghati Samiti.

d) The loans obtained by the members of the Jana Sanghati Samity from different government banks or other agencies but could not be utilised owing to conflicting situation would be exempted with interest.

e) Those members of the PCJSS who were employed in various government jobs shall be absorbed in their respective posts and the eligible members of their family shall be given jobs as per their qualifications. In such cases, the government principles regarding relaxation of age would be followed.

f) Bank loans of soft terms shall be given to the members of the PCJSS for cottage industry and horticulture and other such self-employment generating activities.

g) Educational facilities shall be provided for the children of the Jana Sanghati Samity members and the certificates obtained from foreign board and educational institutions shall be considered as valid.

17. a) After signing of the agreement between the government and the Jana Sanghati Samiti and immediately after the return of the JSS members to normal life, all the temporary camps of military, Ansar and Village Defence Party shall be taken back to permanent installations except the border security force (BDR) and permanent cantonments (three at the three District Headquarters and Alikadam, Ruma and Dighinala) by phases and with this in view, the time limit shall be determined. In case of deterioration of the law and order situation, natural calamity and such other works the army can be deployed under the civil administration like all other parts of the country as per relevant laws and rules. In this case, the Regional Council may, according to the necessity or time, request the proper authority for the purpose of getting assistance.

b) The lands of camps and cantonments to be abandoned by military or para-military forces shall be either returned to the original owners or to the Hill District Councils.

18. The permanent residents of Chittagong Hill Tracts with priority to the tribals shall be given appointment to all categories of officers and employees of all government, semi-government, councils and autonomous bodies of Chittagong Hill Tracts. In case of non-availability of eligible persons from among the permanent residents of Chittagong Hill Tracts for a particular post, the government may give appointment on lien or for a definite period to such posts.

19. A ministry on Chittagong Hill Tracts Affairs shall be established by appointing a Minister from among the tribals. An Advisory Council shall be formed to assist this ministry with the persons stated below:

a) Minister on CHT Affairs

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b) Chairman/representative, Regional Council;

c) Chairman/representative, Rangamati Hill District Council;

d) Chairman/representative, Bandarban Hill District Council;

e) Chairman/representative, Khagrachari Hill District Council;

f) Member of Parliament, Rangamati;

g) Member of Parliament, Bandarban;

h) Member of Parliament, Khagrachari;

i) Chakma Raja;

j) Bohmang Raja;

k) Mong Raja;

l) Three members from non-tribal permanent residents of hilly areas nominated by the government from three Hill Districts.

This agreement is framed as above in Bengali language and is done and signed in Dhaka on the date of 02 December, 1997 A.D., 18 Agrahayan 1404 Bengali year.

On behalf of the inhabitants of Chittagong Hill Tracts SD/- (Jyotirindra Bodhipriya Larma) President Parbattya Chattagram Jana Sanghati Samiti

On behalf of the government of the Peoples Republic of Bangladesh SD/- (Abul Hasanat Abdullah) Convenor National Committee on Chittagong Hill Tracts Affairs, Government of Bangladesh

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Appendix F: Consultation Workshops, November 2010

Workshop on Institutional Strengthening Issues, and Indigenous Peoples’ Plan (IPP)

2 November 2010

Participants’ List

Sl. Name of Participant Designation/Occupation and Organization

1 Mr. Sohel Imam Khan ADC General, Deputy Commissioner Office,

Bandarban

2 Ahmad Shafi Assisstant Engineer, LGED, Bandarban

3 A. T. M. Tifazzal Hossain District Fishery Officer, District Fishery Office,

4 Mr. Hasan Imam Upazila Agriculture Officer, Sadar Agriculture Extension Office, Bandarban

5 Mr. Saw Hla Prue Representative, Bomang Circle Chief, Bandarban

6 Mr. Rang Lai Mro Headman, Renikkyong Mouza, Sualak Union, Bandarban

7 Mr. Gabriel Tripura Executive Director, TOYMU, Bandarban

8 Mr. Mong Thowai Aung Project Director, Tah Zing Dong, Bandarban

9 Ms Hla Ching Nue Executive Director, BNKS, Bandarban

10 Mr. Zuam Lian Amlai President, Bawm Social Council, Bandarban

11 Mr. Mong Mong Chak President, Chak Sangsad, Bandarban

12 Mr. Shi Aung Khumi General Secretary, Khumi Kohom, Bandarban

13 Mr. Bacha Khyang Vice President, Khyang Social Council, Bandarban

14 Mr. Hla Towai Hre Marma Chairman, Rowangchari Upazila, Bandarban

15 Mr. Tofael Ahmed Chairman, Naikkyongchari Upazila, Bandarban

16 Ms U Meya Ching Marma Vice-Chairman, Ruma Upazila, Bandarban

17 Mr. Ba Thowai Ching Marma Chairman, Gajalia UP, Lama, Bandarban

18 Mr. Shamvu Kumar Taunchangya Chairman, Nowapatang UP, Rowangchari, Bandarban

19 Mr. Nasrang Tripura Karbari, Mariam Para, Thanchi, Bandarban

20 Mr. Leng Pung Mro Karbari, Ranglai Mro Para, Sualak Union,

Bandarban

21 Mr. U Chai Hla Marma Marma Community, Ujanipara, Bandraban

22 Mr. Nue Sae Hla Marma Marma Community, Ujanipara, Bandraban

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Workshop on Land Acquisition and Resettlement Framework (LARF)

3 November 2010

Participants’ List

Sl. Name of Participant Designation/Occupation and Organization

1 Mr. Saw Hla Prue Representative, Bomang Circle Chief

2 Mr. Lelung Khumi Planning Officer, Bandarban Hill District Council, Bandarban

3 Ms Hla Kroy Prue Khyang Khyang Community, Bandarban

4 Ms Dawt Nem Lancheu NGO Worker, Bandarban

5 Mr. Rang Lai Mro Headman, Renikkyong Mouza, Sualak Union, Bandarban

6 Mr. Sadhan Kumar Chakma Project Coordinator, Eco-Development, Bandarban

7 Mr. Men Pung Mro Executive Director, Mrochet, Bandarban

8 Ms Hla Ching Nue Executive Director, BNKS, Bandarban

9 Mr. Zuam Lian Amlai President, Bawm Social Council, Bandarban

10 Mr. Buddyo Jyoti Chakma Journalist, Daily Prothom Alo, Bandarban

11 Mr. Hasan Imam Upazila Agriculture Officer, Sadar Upazila, Bandarban

12 Mr. Ahmed Shafi Assistant Engineer, LGED, Bandarban

13 A . T. M. Tofazzal Hossain District Fishery Officer, District Fishery Office, Bandarban

14 Mr. Shi Aung Khumi General Secretary, Khumi Kohom, Sadar, Bandarban

15 Mr. Hla Towai Hre Marma Chairman, Rowangchari Upazila, Bandarban

16 Ms Umay Ching Marma Vice-Chairman, Ruma Upazila, Bandarban

17 Mr. Ba Thwai Ching Chairman, Gajalia UP, Lama, Bandarban

18 Mr. Shamvu Kumar Taunchangya Chairman, Nowapatang UP, Rowangchari, Bandarban

19 Mr. Nasrang Tripura Karbari, Mariam Para, Thanchi, Bandarban

20 Mr. Leng Pung Mro Karbari, Ranglai Mro Para, Sualak Union, Bandarban

21 Mr. Johny Lusai Lusai Community, Bandarban

22 Mr. U Chai Hla Marma Marma Community, Ujanipara, Bandraban

23 Mr. Nue Sae Hla Marma Marma Community, Ujanipara, Bandraban

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Program of the Workshops:

Stakeholders‟ Consultation On

Institutional Strengthening Issues, and Indigenous Peoples Plan (IPP)

for Chittagong Hill Tracts Development Project, Phase II

2 November 2010, Bandarban Venue: Upajatiyo Nobodoy Sangha, Ujanipara, Bandarban

Programme schedule 9.00 Arrival and registration 9.25 - 35 Introduction of the participants 9:35 – 10:30 Presentation on;

CHTRDP project goals and key features

Institutional landscape of CHT governance/administration

Key institutional capacity building issues by Kirti Nishan Chakma

10.30 – 11.00 Tea Break 11:00 – 12:30 Open Discussion

12:30 – 13.30 Lunch Break 13:30 – 15:00 Group Work (4 groups) 15:00 – 16:00 Presentation of Group Works 16:00 – 16:30 Q & A

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Program of the Workshops:

Stakeholders‟ Consultation On

Land Acquisition and Resettlement Framework (LARF) For

Chittagong Hill Tracts Development Project, Phase II

3 November 2010, Bandarban Venue: Upajatiyo Nobodoy Sangha, Ujanipara, Bandarban

Programme Schedule 9.00 Arrival and registration 9.25 - 35 Introduction of the participants 9:35 – 10:30 Presentation on

the CHTRDP project goals

Key features and requirements of Indigenous Peoples‟ Plan (IPP), and Land Acquisition and Resettlement Framework (LARF)

Major development issues of the Indigenous Peoples in CHT by Kirti Nishan Chakma and Tod Ragsdale

10.30 – 11.00 Tea Break 11:00 – 12:30 Open Discussion

12:30 – 13.30 Lunch Break 13:30 – 15:00 Group Work (4 groups) 15:00 – 16:00 Presentation of Group Works 16:00 – 16:30 Q & A

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Appendix G: Report of Consultation Workshop with Stakeholders Bandarban, November 2-3, 2010

Report of Consultation with Stakeholders

A. Land Acquisition and Resettlement Framework (LARF) B. Indigenous Peoples Plan (IPP) C. Institutional Capacity Building

In Bandarban District, November 2-3, 2010

Project Preparatory Team Chittagong Hill Tracts Rural Development Project, Phase II

Asian Development Bank

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Background:

The phase-II of ADB‟s Chittagong Hill Tracts Rural Development Project‟s preparation started from June‟ 10 and is expected to be wrapped up in December‟ 10. The project will include separate planning frameworks; namely, a Land Acquisition and Resettlement Framework (LARF), and an Indigenous Peoples Plan (IPP). The project will also include a separate component on the strengthening of the project partner/implementing institutions in the CHT. Being a Category A project as per AD criteria, the overall preparation of the project document in general but the LARF and IPP in particular, entails carrying out comprehensive consultation with all relevant stakeholders based on the principles of Free, Prior and Informed Consent (FPIC) and incorporate those feedback from the consultations in the above planning documents and the project document as well.

A series of consultations, thus, have been planned across the CHT, to be held in the three Hill Districts headquarters. The workshops in Bandarban were held on 2 & 3 November‟10; 2

November on the IPP and the institutional strengthening issues and 3 November on the LARF. The venue was at the auditorium of the Upajatiyo Nabodoy Sangha, Ujani Para.

The participants in both workshops comprised of representatives of government, CHT decentralized institutions, IP leaders, community leaders and as well as local NGO. The list of the participants is given in the Annex – 1.

Both workshops started with PowerPoint presentations by the PPTA consultants that explained the overall design of the CHTRDP II and the key issues considered for the LARF, IPP and the institutional strengthening (the programme is attached in Annex-2). The presentations were followed with open discussion; taking questions/queries and suggestions from the participants. Additionally, a group work exercise was carried out on the first day.

Issues raised in the Consultations

The participants came with a number of important queries and suggestions on the CHTRDP II design, LARF, IPP and the institutional capacity building issues. The key points are provided below;

Targeting specifically the Smaller Ethnic Groups as project beneficiary is a very good idea and should be supported. But how about the indigenous communities in general who live in remote and inaccessible place and are usually left out of all development interventions?

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With regard to the smaller groups, how will the project reach them given that they are geographically dispersed and usually live in remote areas? Furthermore, they have little voice and/or representations, so how could one be sure that during the project‟s implementation stage, they will not be forgotten once again?

Given that vast majority of the indigenous peoples in the CHT do not have the land ownership papers, how can one be sure that they will get appropriate compensation for lands acquired from them?

Who will decide the amount of compensation? It is imperative that the representatives of the indigenous peoples/communities are involved in the compensation process.

How and who will assess the „environmental‟ and „social‟ impacts of roads‟ construction? Fro such impact assessment, it is absolutely important that local experts and institutional representatives are involved.

Who will select the communities or beneficiaries?

Could an individual get scheme from the project?

The CHT institutions – the HDCs and the RC being most important – do not have capacity to assume large project implementation role. They need comprehensive institutional strengthening support, including additional manpower.

How would ADB ensure that with road construction further infiltration of outsiders along the roads do not happen?

Will the women headed households get appropriate compensation, given that their land ownership is not always recognized even by the indigenous communities?

Given that the Union Parishads, HDCs and Upazilla parishads are likely to be involved in the project implementation and their role in quality control and tendering, it is important that they receive an orientation on the government‟s Public Procurement Rules (PPR).

Given the role the Traditional Institutions play in CHT in the land administration system and their possible role in the resettlement and compensation issues, it is important that the project includes specific training and orientation on the LARF in particular and the land administration issues in general.

Conclusion:

The workshop took note of the queries and suggestions from the participants. Kirti Nishan Chakma, National Consultant on Indigenous People and Capacity Building facilitated both the workshops. Tod Raagsdale, International Consultant on Indigenous Peoples and Resettlement was also present.

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Appendix H: Indicative Costs for LAR Mitigation of CHTRDP-I

Table A.H1: Indicative Costs for LAR Mitigation of CHTRDP-I

Loss Unit Tk/Unit Total (Tk) US$

Land 265 Acres 115,000 30,475,000

Structures 117,000Ft2 500 58,500,000

Trees 22,400Trees 500 11,200,000

Loss Subtotal 100,175,000 1,431,100

Assistance

AP/SAP Grants54

1,250 APs 7,000 8,750,000

SAP Income Generation55

390 SAPs 35,000 13,650,000

Assistance Subtotal 22,400,000 320,000

Loss & Assistance Subtotal 1,751,100

Administration 10% 12,257,500 175,100

Subtotal 134,832,500 1,926,200

Contingency 10% 13,483,250 192,620

Total 148,315,750 2,118,800

54

Includes Stamp Duties and registration fees for replacement land purchase (50% will be able to buy land); Crop compensation @ Tk 250/dec; Transition Allowance for Loss of Access to Agriculture Land@ Tk 500/Decimal; Special Assistance for vulnerable households;

55 Includes agriculture, fish production, herbs/medical plants, and poultry from MAD as well as livestock and fruit

nurseries; Cash Grant Income Substitution for Work Days; CBE (Community and Business Enterprise)/Business Reestablishment; Land Development , Transfer Grant and Reconstruction Grant for Lost Structures (Housing/ CBEs); Cash Grant for Affected Social Infrastructures