Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Resettlement Action Plan (RAP) FATA EMERGENCY RURAL ROADS PROJECT (PHASE-2) Bajaur Agency Roads (NCB-BAJ-02) I. Dak Qilla Bypass(02.832 Km) II. B/T Bado to Serisar (19.737 Km) April 2013 Works and Services Department FATA Secretariat, Peshawar Telephone No.: 92-91-9211725, Fax No.: 92-91-9211835
ABBREVIATIONS ESSAF FERRP KPK MDTF NGOs PAPs AHHs APA CAS Col DD EXN FIU GRM IA IFC IR LAA M & E OPL Ops PACs PAFs PESCO PMU RAP ROW SRC W&SD WB Environmental and Social Screening and Assessment Framework FATA Emergency Rural Roads Project Khyber Pakhtunkhwa Multi-Donor Trust Fund non-governmental organizations Project Affected Persons Affected Households Additional Political Agent compulsory acquisition surcharge Corridor of Impact Deputy Director Executive Engineer Field Implementation Unit Grievance Redress Mechanism Implementing Agency International Finance Corporation Involuntary Resettlement Land Acquisition Act Monitoring and Evaluation Official Poverty Line Operational Policy PAPs Committees Project Affected Families Peshawar Electric Supply Corporation Project Management Unit Resettlement Action Plan Right of Way Social and Resettlement Committee Works & Services Department World Bank ii
GLOSSARY Kharif Rabi Tehsil Tehsildar Malik summer cropping season of the year (15th April 15th September) winter cropping season of the year (15 September 15th April) Tehsil is a sub-district (i.e. the layer of administration below a district). The administrative head of a Tehsil. The chieftain of a tribe/ clan in tribal areas of Pakistan. DEFINITION OF TERMS Project Affected Household: All members of a subproject affected household residing under one roof and operating as a single economic unit, who are adversely affected by the Project or any of its components; may consist of a single nuclear family or an extended family group. Project Affected Persons: Any person affected by loss of assets or income due to Project-related changes in the use of land, water or other natural resources Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Cut-off-date: The date on which census/ inventory assessment is made. All people affected on the date of census are considered as eligible for the payment of compensation. Encroachers/ squatters: People who have trespassed onto private/community land to which they are not authorized. If such people arrived before the entitlements cut-off date, they are eligible for compensation for any structures, crops or land improvements that they will lose. Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to displaced persons, depending on the nature of their losses, to restore their economic and social base. Income Restoration: Re-establishment of income sources and livelihoods of PAPs. Involuntary Resettlement: Land and/or asset loss which results in a reduction of livelihood level. These losses have to be compensated for so that no person is worse off than they were before the loss of land and/or assets. Improvements: Structures constructed (dwelling unit, fence, waiting sheds animal pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration. Rehabilitation: Compensatory measures provided under the WB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets. Relocation: The physical resettlement of PAPs from his/ her pre-program place of residence. Replacement Cost: The value determined to be fair compensation for various types of land such as agricultural and residential etc., crops, trees, and other commodities based on current market rates; the cost of rebuilding houses and structures at current market prices of building materials and labor, without depreciation or deductions for salvaged building material. Vulnerable Groups: Distinct group of people who may suffer disproportionately from resettlement effects. The policy defines vulnerable groups as households below the poverty line, the elderly, those iii
without legal title to assets, landless, women, children and indigenous people. iv
ES-1 ES-2 Introduction EXECUTIVE SUMMARY 1. The Works & Services Department, (W&SD), Federally Administered Tribal Areas (FATA), Government of Pakistan launched the FATA Emergency Rural Roads Project (FERRP) Phase- II, from the funds of Multi-Donor Trust Fund (MDTF), administered by the World Bank. The project aims to provide a reliable rural roads network to have the access to the adjoining villages in the tribal areas of FATA. The major objective of the project is to increase year round access to economic opportunities and social services for poor rural population in the crisis-affected areas of Bajaur Agency (Tribal District). The main beneficiaries of the project are the population of Bajaur agency at large. This Resettlement Action Plan (RAP) has been prepared in consultation and coordination with the office of Chief Engineer-W&SD, FATA, Project Director. Deputy Project Director, Additional Political Agents, Executive Engineers (W&SD), the experts on tribal issues, local elders and Malik as well as the Project Affected Persons (PAPs) of the proposed roads in the Bajaur Agency, in accordance with the World Bank s Policy on Involuntary Resettlement and provision made in Frontier Crime Regulations 2011 and land acquisition and resettlement practices prevail in FATA. The project has been divided into two phases and four civil works packages. This Social Impact Assessment (SIA) and RAP covers one package consisting of 2 Rural Roads 1 under the Phase-2 of FATA Emergency Rural Roads Project (FERRP), named Dak Qilla Bypass (2.832 Km) and Bado to Serisar (19.737 Km. The Bado to Serisar road involves black topping of existing road, due to which it would not cause any resettlement impacts. The RAP is based on the census survey of 100% directly affected Project Affected Persons' (PAPs) who are entitled for compensation, socioeconomic survey of project affected households/families (), village profiles from all adjoining villages/ settlements, and public consultations/ meetings along the road alignment, interviews, and Focus Group Discussions (FGDs) with the PAPs and other stakeholders of Dak Qillla Bypass road, in accordance with the World Bank Policy 4.12 on Involuntary Resettlement. Project Description 2. The Works and Services Department (W&SD) is the Project Implementing Agency (IA) and the project duration is two years. The proposed package includes the following two road sub projects: I. Dak Qilla Bypass (2.832 Km): with totally new alignment which passes through residential area, green fields and an existing kacha track in tehsil Khar of Bajaur Agency. II. Black Topping of Bado to Serisar (19.737 Km): black topping on an existing track in tehsil Usmankhel of Bajaur Agency. The back topping will be done on the existing track which passes through hilly areas, and barren/waste lands. 3. The major activities to be carried under the proposed road are construction of road with a RoW of about 9 meters, construction of retaining and breast walls, construction of culverts and causeways, installation of traffic road-signs and kilometer posts. ES-3 Summary of Project Social/ Resettlement Impacts 4. The black topping of Bado to Serisar (19.737 Km) road would not cause any land acquisition and resettlement issues whereas construction of Dak Qilla bypass (2.832 Km), with totally new alignment and blacktopping, will involve acquisition of 7.65 acres of private land owned by 46 land owners due to which, 03 private structures (including one privately owned residential house and 01 shop, 01 private irrigation tube well), about 7.65 acres of cropped area and a total of 878 trees (35 1 Dak Qilli by Pass and B/T Bado to Serisar v
ES-4 fruit, 719 wood and 124 timber trees) will be affected. In addition, 05 electricity poles with a transformer will also need to be shifted to nearby locations to maintain supply of electricity to the local communities. Legal and Policy Framework 5. The World Bank Policy on Involuntary Resettlement requires full compliance of the policy principles. The Policy principles require that the land acquisition and resettlement impacts should be avoided by exploring all possible alternative options and if avoidance is not possible, the adverse impacts should be fully mitigated. This RAP has been prepared according to the provisions of the prevailing law of Frontier Regulations 1901 (FCR) and amended FCR 2011, tribal people customs, World Bank Involuntary Resettlement Policy (OP/BP 4.12) and Access to Information Policy (July 2010). An Environment and Social Screening and Assessment Framework (ESSAF) prepared by the World Bank for all projects under MDTF to address potential environment and social impacts and to ensure compliance of World Bank safeguard policies and National regulatory requirements. The broader principles defined in Environmental and Social Screening and Assessment Framework (ESSAF) were followed in the Social Impact Assessment (SIA) and preparation of Resettlement Action Plan (RAP). 6. The stakeholders including Works and Services Department of FATA which is the Implementing Agency (IA) of the project, Political Administration, Affected communities, Jirga (local tribal institution) and the officials of World Bank were consulted during the process of preparation of the RAP. A project Policy on entitlement and compensation has been developed to compensate the project impacts in accordance with the assessment of compensation unit rates by the Political Administration of the Bajaur Agency in consultations with tribal elders, maliks (leadership of Jirga) and PAPs. The entitlements also cover livelihood restoration assistance, shifting of utilities, provision of shifting assistance and provision for unseen or unanticipated damages or impacts: 0-1 Summary of Entitlement Matrix Type of Loss Application Definition of PAPs Loss of Land and crops Land, All Land Owners of including, Losses Land Cultivable and (Customary / Uncultivable/ Statuary or waste/ hilly Legal Rights) land. Loss of Crops Crop Cultivators Loss Trees Wood / timber Private Trees Owners Fruit Trees Private Owners All concerned PAPs (crop growers) All relevant PAPs All concerned PAPs Qty 7.65 acres with 46 title holders 7.65 Acres with 46 PAPs 843 trees owned by 30 PAPs 35 trees owned by 6 PAPs vi Compensation Entitlements Cash compensation based on the price assessed by the Additional Political Agent/ APA through Tehsildar by following the principle of negotiation. Cash compensation against loss of crops based on the average market rate of crop (rabi and kharif) for the period of one cropping year as per rates given by the Agriculture Agency Cash compensation based on the price assessed by Agriculture Agency according to the age, size and circumference of trees. Owner of trees will be allowed to take salvage wood/tree. Cash compensation based on the market price assessed by Agriculture Agency depending upon the productive age of tree; Owner of trees will be allowed to take fruit/wood/ salvage of tree. Remarks A committee comprising Tehsildar, Maliks and village elders carried out the process of assessment of land rates based on negotiation and agreement with PAPs. The rates are fixed on the basis of market rates of yield, determined by the Agriculture Agency Prices were assessed by the Agriculture Agency based on size, age, girth and market prices for timber and wood. Rates of trees were fixed by Agriculture Agency based on size, age and productivity of the trees. Loss of Structures Loss of Owners of concerned 02 private Cash compensation based Full replacement
private Structures Relocation Subsidy Relocation subsidy Shifting Allowance Livelihood Assistance Structures Occupants of house Renter of the shop Occupants of the House and shop who lose income PAPs of structures The PAPs who will be relocated physically The owner / proprietor of the micro business PAPs, affected by relocation / rehabilitation of structures One affected person/owner of micro business (renter) Irrigation Structure One tube well Loss of Private Tube well Owners of the tube well Concerned PAP(s) Public utilities / Electric poles Shifting of Electricity Poles and a transformer Unidentified Losses structures owned by 02 PAPs (one house and one shop) 01 PAP who will be relocated physically 01 owner of the business PESCO PESCO 05 electricity poles and one transformer Unanticipated impacts All concerned PAPs on the price assessed by W&S Department. The principle of severe impact (in case, more than 10% loss of asset). PAP of the house will be given a relocation subsidy equal to house rent for a period of 6 months (i.e. Rs. 4,000/month x 6=Rs. 24,000). The renter/owner of enterprise will be given a relocation subsidy of Rs.4000/ month rent for a period of 6 months 02 PAPs A one-time shifting allowance of Rs.5000/ will be paid to the PAPs 01 PAP One time assistance equal to Rs.12000/month for 6 months, in total 72,000/. 1 PAP Cash compensation based on the price of tube well including cost of reinstallation as assessed by the Works and Services Department. W&SD will pay relocation cost to PESCO based on cost estimates provided by PESCO. cost will be provided to restore the structures of house and the shop. The house and the shop are located in agricultural fields so no residential/ commercial land affected, thus compensation of land will be made on the rates of agriculture land given by Additional Political Agent of Bajour Agency. The subsidy is of 6 months based on average construction period of a similar house) The subsidy is based on the monthly average rent of a shop in the area Transportation assistance for shifting of belongings/furniture and fixture. The livelihood assistance will be paid to the shop keeper (Micro entrepreneur) based on monthly official wage rate). The owner will relocate the tube well himself without affecting the provision of water to the crop. PESCO will shift electricity poles/ transmission lines to the nearby locations (out of Right of Way of the concerned road), - To be determined The cases to be treated in accordance with the World Bank Policy on Involuntary Resettlement/ESSAF principles and/or RAP entitlements through verification by PAPCs/GRC. ES-5 Cut-Off Date 7. The social impact assessment survey, inventory of losses and census of PAPs was completed in March 12, 2013. Therefore, the cut-off date for project impacts, PAPs census, and eligibility to receive vii
compensation of project impacts was fixed as March 12, 2013. Any PAPs moving into the RoW after this date will not be considered eligible for or entitled to any compensation. ES-6 Socioeconomic Survey 8. Most of the population (more than 95%) belonging to the project alignment is rural, while remaining belong to nearby town named as Khar in Bajaur Agency. The PAPs are tribal Pakhtun who live according to their traditions and customs. In the Bajaur agency, the major tribes are Abad Khel, MiaGan, Bel Khel, Umer Khel, and Utman Khel. 9. Based on the field survey of 30% sample affected population, it was noted that the average family size is 9.1 members per house, out of which the proportion of males and females in total population estimated at 51.8 percent and 48.2 percent respectively. The average literacy rate for males and females residing the area is 28.2 percent and 3.1 percent respectively. While only 7% population had above secondary level education. Of the total sample size 40.1 percent households are involved in farming activities, while 26.6 percent are daily- wage laborers, 10.1 percent are in govt. services. About 7.2 % are small traders or vendors engaged in small scale business (shops, stores, auto workshops, hotel etc.), while 6.9 percent, 3.2 percent and 13.1 percent are service (Drivers (trucks, trailers), abroad and other (retired) respectively. The average annual household income is Rs. 624,554, which comes from all sources of a household, such as services, crops, livestock, remittances etc. from inland and outside the country. Almost all PAFs have their own houses along the project corridor. As far as the housing conditions are concerned, it was assessed during the census survey that of the total houses, 25.2 percent are kacha cum pacca, 45.9 percent are kacha and remaining 28.9 percent are pacca. ES-7 Social Risks and Mitigation Measures 10. Based on the field survey of the proposed project roads falling under the jurisdiction of Bajaur agency including social impact assessment and socio-economic survey of 30% of affected household. Field survey indicated.that social risks in the area consists of security issues, health and safety of staff/ labor of contractor(s) & local communities. Contractors will be responsible for the security and safety of its staff in the field while measures for health and safety issues are laid down in the ESMP of the project. ES-8 Information dissemination, consultation and participation 11. The purpose of consultation process was to disseminate the project related information to the project affected persons and local communities as well as general public. And to get the views/feedback of the PAPs and local communities related to the project design, implementation and operation. A total of 9 consultation meetings with 57 participants were held. During these consultations PAPs were informed about the ERRP and roads. All PAPs and general public showed keen interest in the project and agreed to participate in activities at all levels of the project i.e. planning, designing, implementation and operations. This entire RAP will be translated, soon after clearance by the World Bank, into local language (Urdu) and also in the form of an information brochure. RAP will be disclosed at the FATA Secretariat and MDTF websites, and the World Bank project specific Info Shop for information disclosure and receive feedback from secondary and tertiary stakeholders at large. A copy of translated RAP will be given to the representatives of PAPs and other stakeholders while a copy of information brochure will be provided to each affected household. Detail is given in Chapter 6 of RAP. ES-9 Implementation Schedule and Budget 12. Implementation of the RAP will be completed within a period of 3 6 months starting from April 2013 and ending October 2012. The overall resettlement budget is Rs 53,363,060 (Rs. 53.663 million) = US$ 544,521 (US$ = 0.5446 million). Detail is given in Chapter 7 of RAP. ES 10 Institutional Arrangements 13. The Works and Services Department (W&SD) is the Implementing Agency (IA) of the project. The Chief Engineer, W&SD FATA, Peshawar will be responsible for timely implementation of the RAP. The IA has already established a Project Management Unit (PMU) headed by a Project Director who will be responsible to provide implementation support for timely implementation of the RAP. The RAP will be implemented by the Field implementation Unit viii
ES-11 (FIU) of W&SD located at Bajaur agency headquarters under the supervision of Project Management Unit (PMU), in accordance with the implementation schedule presented in the RAP and civil works activities. XEN of the Works and Services Department will be responsible to implement RAP in the field. The PMU has already established and housed in FATA Secretariat. The head of PMU, the Project Director will act as the focal person for the implementation of RAP at the PMU level and will be responsible for overall coordination with stakeholders. For smooth planning and implementation of RAP, the different committees have been formed/ notified such as Project Affected Persons Committees (PAPCs) for each road; Price Assessment Committee (PAC); and Compensation Disbursement Committee (CDC), detail of these committees is given in Chapter 8.1 of RAP. Payment of Compensation to PAPs 14. The compensation amount will be paid directly to affected people by the office of the Political Agent after verification of their claims by Compensation Disbursement Committees. However, the unclaimed amount of compensation regarding absent affectees, if any, will remain in the treasury after the completion of the project as per the practice in vogue in the settled areas. The unclaimed amount will be paid by the political administration after verification of their claims, whenever claimed by the PAPs. ES -12 Training/ Capacity Building 15. Keeping in view the tribal setup under the jurisdiction of tribal agency the RAP will be implemented through Political Administration of the concerned agency. As the IA and political administration lacked the expertise for the implementation of RAP in-line with the World Bank Involuntary Resettlement Policy, 2 trainings of 6 days each will be imparted first before start of RAP implementation and second before start of compensation disbursements. ES-13 Grievance Redress/Complaint Handling Mechanism 16. There is a chance that any PAPs or an individual or a group may not be satisfied with the measures adopted to mitigate the negative social and environment impacts of the project. In order to deal with such issues, two tiered Grievance Redress Committees (GRCs) have been notified both at FIU and Village Level (VL) in consultations with the Political Administration, W&SD and tribal elders/maliks and PAPs. GRC will provide a public forum to the aggrieved to raise their objections and have their grievances resolved through GRCs. A step-by-step procedure for complaint registration and redressal/handling has been developed to redress the complaints in an effective and efficient manner. Detail of GRM is given in Chapter 8.2.2 and 8.2.3 of the RAP. ES-14 Monitoring and Evaluation 17. The RAP implementation will be monitored internally as well as externally. The key objective of the RAP monitoring is to ensure its effective and efficient implementation of RAP. In order to achieve these objectives, monitoring will be conducted at two levels, Internal and External / Third Party Validation. International Monitoring will be carried out through PMU with the assistance of a Resettlement Expert, to be hired under the contract of Construction Supervision Consultants. The W&S Department will engage an independent agency (an NGO, an academic institute or consultant firm or an individual consultant) to conduct 3rd party monitoring/validation of RAP implementation. The third party monitoring will be carried out on quarterly basis and a final evaluation at the end of the Project. Detail is given in Chapter 8, section 8.1 and 8.2. ix
TABLE OF CONTENTS ABBREVIATIONS...ii ES-1 ES-4 ES-8 ES-9 Introduction... v Legal and Policy Framework... v ES-5 Cut-Off Date... vi ES-6 Socioeconomic Survey...vii Information dissemination, consultation and participation... vii Implementation Schedule and Budget... vii ES 10 Institutional Arrangements... vii ES-14 Monitoring and Evaluation... viii List of Tables... xii List of Annexure... xiii 1 INTRODUCTION... 1 1.1 Background... 1 1.1.1 The Project:... 1 1.2 Description of Phase-2:... 2 1.2.1 Bajaur Agency Road (NCB-BAJ-02)... 2 1.3 Land Acquisition and Resettlement Conditions... 2 1.4 Objectives of the RAP... 3 1.5 Summary of Project Social/ Resettlement Impacts... 3 2 LEGAL AND POLICY FRAMEWORK... 4 2.1 Introduction... 4 2.2 World Bank Involuntary Resettlement Policy (OP 4.12)... 4 2.3 WB Policy on Access to Information (AI Policy 2010)... 4 2.4 Environmental and Social Screening and Assessment Framework (ESSAF)... 5 2.5 Practice of Land Acquisition in FATA... 6 2.6 Resettlement Policy Framework and Entitlement Matrix... 6 2.6.1 Basic Principles for Resettlement Plan Preparation... 7 2.6.2 Compensation Eligibility... 7 2.6.3 Compensation Entitlements... 7 3 APPROACH AND METHODOLOGY... 11 3.1 General... 11 3.2 Identification of PAPs... 11 3.3 Collection of Information from Secondary Sources... 11 3.4 Collection of Primary Data... 11 3.4.1 Impact Location Profile... 11 3.4.2 Census Survey of the PAPs... 12 3.4.3 Cut-Off Date... 12 3.4.4 Socioeconomic Baseline Survey... 12 x
3.4.5 Processing and Analysis of Data... 13 3.5 Survey Team... 13 4 SOCIO-ECONOMIC PROFILE OF PAFs... 14 4.1 Settlement/ Ethnicity and Administrative Pattern... 14 4.2 Demographic Profile... 15 4.2.1 Family Size... 15 4.2.2 Gender Composition... 15 4.3 Educational Levels of the PAFs... 15 4.4 Occupational Background... 15 4.5 Household Well-being/ Livelihood... 16 4.6 Household Expenditure... 16 4.7 Housing Conditions... 16 4.8 Availability of Infrastructure/ Social Amenities... 17 4.9 Poverty Impacts... 17 4.10 Social Risks and Mitigation Measures... 17 4.11 Limitations... 17 5 LAND ACQUISITION AND RESETTLEMENT IMPACTS... 18 5.1 Cut-off Date... 18 5.2 Land Acquisition... 18 5.3 No. of PAPs... 18 5.4 Detail of Affected private Assets and their Unit Rates... 18 5.5 Affected Public Structures/ Utilities... 19 5.6 Affected Crops... 19 5.7 Affected Trees... 19 5.7.1 Fruit Trees... 20 5.7.2 Timber Trees... 20 5.7.3 Fuel Wood Trees... 20 5.8 Women Headed Households... 20 5.9 Indigenous Peoples (I P)... 20 5.10 Assessment of Unit Prices... 20 5.10.1 Land... 21 5.10.2 Price Assessment of Private Structures... 21 5.10.3 Price Assessment of Trees... 21 6 INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATION... 22 6.1 General... 22 6.2 Stakeholder s Analysis... 22 6.2.1 Government Department... 23 6.2.2 PAPs/ General Public... 24 6.3 Dissemination of Information and Consultations with PAPs... 24 6.3.1 Specific Concerns of PAPs associated with the Project... 25 6.4 Consultation Strategy during Implementation Stage... 26 6.5 Formation of PAPCs... 26 6.6 RAP Disclosure... 26 xi
7 RESETTLEMENT BUDGET... 28 8 INSTITUTIONAL ARRANGEMENTS, GRIVANCE MECHANISM AND CAPACITY BUILDING... 29 8.1 Institutional Arrangements... 29 8.1.1 Works and Services Department (W&SD)... 29 8.1.2 Project Management Unit (PMU)... 29 8.1.3 Field Implementation Unit (FIU)... 29 8.1.4 Project Affected Person's Committees (PAPCs)... 29 8.1.5 Compensation Disbursement Committee... 30 8.2 Grievance Redress Mechanism... 30 8.2.1 General... 30 8.2.2 Grievance Redress Committees (GRCs)... 31 8.2.3 Community Complaints/ Grievance Redress Process... 31 8.2.4 Organogram... 32 8.3 Capacity Building and Training... 33 8.4 Implementation Schedule... 34 8.5 Monitoring and Evaluation... 34 8.5.1 Internal Monitoring... 34 8.6 External Monitoring/ Third Party Validation... 35 xii
List of Tables 0-1 Summary of Entitlement Matrix... vi Table 1-1: Description of Proposed Roads... 2 Table 2-1: Entitlement Matrix for Compensation... 9 Table 4-1: Average Size of Household and Gender Composition in the Project area... 15 Table 4-2: Education level of the sample population in the project area... 15 Table 4-3: Major Occupations of PAFs in the Project Area... 16 Table 4-4: Average Annual Household Income of PAP s Households... 16 Table 4-5: Average Annual Food and Non-Food Expenditure of PAFs... 16 Table 4-6: Housing Conditions of PAFs in the Project Area... 16 Table 4-7: Availability of Basic Amenities to PAFs in the Project Area... 17 Table 5-1: Land Acquisition by Land Use Categories (Pak Rs)... 18 Table 5-2: No. of PAPs by Village and Road... 18 Table 5-3: Affected Housing Structures (Pak Rs)... 19 Table 5-4: Tube well (Pak Rs)... 19 Table 5-5: Shifting of Electric Poles, (Pak Rs)... 19 Table 5-6: Area sown, Average Yield and Crop Value per Acre (Pak Rs)... 19 Table 5-7: No. of Fruit and Wood trees located within the RoW o (Pak Rs) 20 Table 5-8:Price Assessment of land by Land Use Categories (Pak Rs)... 21 Table 5.9 : Price assessment for private structures... 21 Table 5-10 : Price assessment for fruit and timber trees (Pak Rs)... 21 Table 6-1 Stakeholder s Analysis Matrix... 23 Table 6-2: Concerns of Stakeholders and Measures... 25 Table 7-1: Overall budget of the Land acquisition and resettlement... 28 Table 8-1: RAP Implementation Schedule... 34 List of Figures Figure 1: Location Map of the Proposed Road at Bajaur Agency... 1 Figure 2: Institutional set-up for the Implementation of RAP... 32 xiii
List of Annexure Annexure I Environmental and Social Screening and Assessment Framework (ESSAF) Guidelines for Land Acquisition and Resettlement Planning Annexure II Price Assessment Notifications for Bajaur Agency Annexure II (1) Price Assessment for Land (Bajaur) Annexure II (2) Price Assessment of Structures (Bajaur Agency) Annexure II (3) Price Assessment of Trees (Bajaur Agency) Annexure II (4) Price Assessment of Crops at Bajaur Agency Annexure III List of RAP/ Field survey teams Annexure IV- Notification for PPACs Annexure V- Notification for GRC Annexure VI- Notification for Compensation Disbursement Committee Annexure - VII List of Consultations and Meetings Annexure VIII Training Plan for the Capacity Building of Stakeholders Annexure IX TORs for External Monitoring/ Third Party Validation Annexure X Inventory of Losses and lists of Affected Persons xiv
1 INTRODUCTION 1.1 Background 1.1.1 The Project: 1. The Works & Services Department, FATA, Government of Pakistan is implementing the FATA Emergency Rural Roads Project (FERRP). The Emergency Rural Road Project (FERRP) is being funded by the Multi-Donor Trust Fund (MDTF), administered by the World Bank. The project will provide a reliable rural roads network to have the access to the adjoining villages and ultimately provincial roads in the tribal areas of Federally Administered Tribal Area (FATA). 2. The major objective of the project is to increase year round access to economic opportunities and social services for poor rural population in the crisis-affected areas of Bajaur and Orakzai agencies (Tribal Districts). The main beneficiaries of the project are the population of Bajaur and Orakzai agencies. The implementing agency (IA) is the Works & Services Department, FATA, Peshawar. The authorized representative of the project is the Chief Engineer, FATA, Peshawar. The project duration is 2.5 years from the date of commencement. The anticipated results will support Governmental efforts to help maintain minimal economic activity and improve social and political stability in the province. The expected outcome is improved traffic flow resulting in reduced vehicle operating costs and travel time for beneficiaries using the road. The project has divided into two phases and four civil works packages. The project has been divided into two phases. Phase-I consists of 5 roads (04 in Orakzai 01 in Bajaur) while Phase-2 have 02 roads both in Bajaur Agency. This SIA and RAP has been made for the Phase-2 of the project. 3. The RAP has been prepared and endorsed for implementation by the W&S Department based on the Census Survey of 100% Project Affected Persons (PAPs), socioeconomic survey of project affected households (PAFs), village profiles from all adjoining villages/ settlements, and public consultations/ meetings along the road alignment, interviews, focus group discussions with the PAFs/ PAPs and other stakeholders, in accordance with the World Bank Policy 4.12 on Involuntary Resettlement. The location map of the FERRP in the jurisdiction of Bajaur agency is presented in Figures 1. Figure 1: Location Map of the Proposed Road at Bajaur Agency 4. This Resettlement Action Plan (RAP) was prepared in consultation and coordination with the Additional Political Agent, Tehsildar, concerned Patwari, Executive Engineer (EXEN-W&SD), Sub-divisional officer (SDOs-W&SD), Sub-Engineer (W&SD), PAPs, Jirga and Maliks of Bajaur 1
Agency in accordance with the World Bank Policy on Involuntary Resettlement, FCR 2011 and the Land Acquisition Practices prevail in tribal areas. 1.2 Description of Phase-2: 5. The proposed contract package of NCB-BAJ-02 (consisting of 2 rural roads) located under the jurisdiction of Bajaur agency of FATA with a total length 22.569 km. The description of proposed roads is as under: 1.2.1 Bajaur Agency Road (NCB-BAJ-02) a. Dak Qilla Bypass (02.832 Km) 6. The proposed road is located in Tehsil Khar of Bajaur Agency. The works consist of construction of Contract Package 2: Dak Qilla Bypass road having a length of 02.832 Km with totally new alignment. The proposed road passes through the green fields, kacha tracks. b.bado to Serisar (19.737 Km) 7. The proposed road is located in Tensile Usmankhel of Bajaur Agency. The works consist of black topping under Contract Package 2: Bado to Serisar with a length of 19.737 Km. The proposed road involves black topping of existing track that involves no land acquisition. The proposed road passes through the existing kacha track in hilly and barren areas. 8. The major activities to be carried under the proposed road are: Construction of road with a Row about 9 m. Construction of retaining and breast walls Construction of culverts and causeway Installation of traffic road-signs Kilometer post 9. The construction of Dak Qilla bypass road will result in acquisition of 7.65 Acres private agriculture land (details are provided in impact assessment section) due to which 878 Fruit and,timber/ wood trees need to be cut-down and a cropping area of 7.65acre will be affected. It will also partially impact two private structures, a house and a shop with relocation of 5 electricity poles and a transformer. 10. The construction of roads will be completed in a period of 2 years. Salient features of the proposed roads are provided in Table 1.1. Table 1-1: Description of Proposed Roads Sr. Chainage Length Roads No. (km) (km) Agency Tehsil 1 Dak Qilla Bypass 0+000 2+832 2.832 Bajaur Khar 2 Bado to Serisar 0+000 19+737 19.737 Bajaur Usmankhel Total 22.569 1.3 Land Acquisition and Resettlement Conditions 11. The World Bank Policy on Involuntary Resettlement requires a Resettlement Action Plan to identify and compensate all losses cause by the project. The clearance of Right of Way (ROW) and initiation of civil works on the road sites will be contingent to upon full compliance of the following conditions: i). Approval of this RAP by the World Bank and its disclosure to the public that contains approved and agreed unit rates of land, structures; crops and trees (fruit / wood); dislocation 2
subsidy, income restoration and rehabilitation program; and ii). Commencement of civil works on the resettlement sites is conditional upon full payment of compensation to PAPs including rehabilitation, relocation and livelihood support assistance, as provided in the RAP. 1.4 Objectives of the RAP 12. The main objective of the RAP is to provide requisite detailed information about the project adverse impacts and their mitigation in accordance with the World Bank Policy on Involuntary Resettlement for the compensation, resettlement and rehabilitation by identifying (i) Detail and the extent of losses; (ii) the policy framework for compensation payments, income restoration, relocation and rehabilitation; (iii) Institutional arrangements for the implementation of RAP (iv) mechanisms for timely disclosure of information to the affected person and other stakeholder (v) institutional framework for participation and implementation; (vi) grievance redress mechanism and (vii) responsibilities for monitoring the implementation process (viii) resettlement budget and implementation schedule. 13. To accomplish the objective of resettlement action plan, the following aspects have been covered in this RAP: Legal and Policy Framework Social Impact Assessment Socioeconomic Information and Profiling of the PAFs Public Consultation and Information Disclosure Grievance Redress Mechanism Entitlement for compensation and Assistance Relocation of Structures and Infrastructure Income Restoration and Rehabilitation Institutional Arrangements Resettlement Budget Implementation Schedule Monitoring,Evaluation and Reporting 1.5 Summary of Project Social/ Resettlement Impacts 14. The proposed project involves acquisition of 7.65 acres of private land owned by 46 land owners at 56 different locations mentioned in Annexure- X,due to which, 03 private structures (including one privately owned residential house and 01 shop, 01 private tube well use for irrigation), about 7.65 acres of cropped area and a total of 878 trees (03 fruit, 711 wood and 151 timber trees) will be affected. In addition, 05 electricity poles with one transformer will also need to be shifted to nearby locations to maintain supply of electricity to the local communities. 3
2 LEGAL AND POLICY FRAMEWORK 2.1 Introduction 15. The World Bank requires compliance of Involuntary Resettlement Policy and principles including avoiding the project impacts, and if avoidance is not possible, minimizing and mitigating the adverse social impacts; and social costs to the PAPs and/or vulnerable groups by considering all possible alternative options. Thus to make the RAP consistent with the World Bank Policy, all relevant Operational Policies (OPs), procedures, guidelines relating to the public consultations and access to information are laid down in this section of the RAP. 2.2 World Bank Involuntary Resettlement Policy (OP 4.12) 16. The World Bank's Operational Policy 4.12 deals with the issues and concerns relating to involuntary resettlement caused due to the development projects and provide principles and guidelines to mitigate adverse impacts on local communities, particularly their relocation/ displacement. The Bank's experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. As such the policy provides basis for the development/ preparation of Resettlement Policy Framework and Resettlement Action Plan. 17. The main objectives of Bank's safeguard policies are to: a) Reduce and manage adverse risks of the development projects b) Identify opportunities for promoting social benefits c) Provide a process for full disclosure and meaningful stakeholders consultation d) Ensure that social risks are systematically addressed, evaluated, and incorporated. 2.3 WB Policy on Access to Information (AI Policy 2010) 18. The World Bank Policy on Access to Information ("AI Policy") sets out the institution's policy on public access to information in the Bank's possession. This Policy supersedes the World Bank Policy on Disclosure of Information, and takes effect on July 1, 2010. The World Bank recognizes that transparency and accountability are of fundamental importance to the development process and to achieving its mission to alleviate poverty. Transparency is essential to building and maintaining public dialogue and increasing public awareness about the Bank s development role and mission. It is also critical for enhancing good governance, accountability, and development effectiveness. Openness promotes engagement with stakeholders, which, in turn, improves the design and implementation of projects and policies, and strengthens development outcomes. The AI Policy facilitates public oversight of Bank-supported operations during their preparation and implementation, which not only assists in exposing potential wrongdoing and corruption, but also enhances the possibility that problems will be identified and addressed early. 19. The AI Policy is based on the following five principles: 1. Maximizing access to information; 2. Setting out a clear list of exceptions; 3. Safeguarding the deliberative process; 4
4. Providing clear procedures for making information available; 5. Recognizing requesters' right to an appeals process. 2.4 Environmental and Social Screening and Assessment Framework (ESSAF) 20. This ESSAF developed specifically for all projects and activities to be financed under the MDTF. Recognizing the urgent need for assistance and emergency nature of potential operations to be financed under the MDTF, the ESSAF provides an approach, tailored to the emergency situation in line with OP 8.0, to manage the potential environmental and social impacts of the projects and activities under the MDTF. ESSAF provides guidelines for the implementation agencies in: i) carrying out appropriate assessment of environmental and social impacts; ii) planning and implementing necessary environmental and social mitigation measures for these projects during the implementation phase, in compliance with relevant World Bank safeguard policies and the national regulatory requirements in Pakistan. 21. Since the FERRP is being proposed under MDTF, the ESSAF is also applicable to this project. The ESSAF provides broader principles to carry out appropriate assessment of environment and social impacts and to address the potentially negative environmental and/or social impacts associated with the projects under MDTF. The key aspects of the Framework are Impact screening, social impact assessment and mitigation planning, consultations, planning, review and approval, disclosure, capacity building, monitoring and implementation of safeguard instruments. 22. Recognizing the emergency nature of the potential operations under the MDTF and the related need for providing immediate assistance, while at the same time ensuring due diligence in managing potential environmental and social risks, the ESSAF is based on the following principles: The operations under MDTF will support multiple projects, the detailed designs of which may not be known at this stage. To ensure effective application of the World Bank's safeguard policies and the national regulatory requirements, the ESSAF provides guidance on the approach to be taken during the selection and design of projects/ subprojects and the planning of mitigation measures. Environmental category `A' projects are not expected under the MDTF. However, if any do occur, Environment Assessments (EAs) for specific operations will be carried out during implementation, instead of before appraisal (the EAs will need to be carried out and cleared by the Bank before initiating the category `A' projects). The corrective measures in the form of an Environmental and Social Management Plan (ESMP) will be built into the design of the specific projects under MDTF. The above is in accordance with paragraph 13 of OP 4.01 and paragraph 5 of BP 4.01. For any environmental category `B' project, an ESMP will be prepared during implementation, instead of before appraisal, however the ESMP will need to be prepared and cleared by the Bank before initiating the works under the project. For any project that consists of several distinct subprojects, ESMPs can be prepared for individual subprojects or their clusters. No major resettlement issues are expected in the recovery and reconstruction operations to be financed under the MDTF. However, all proposed operations will be subject to resettlement impact screening. If any resettlement impacts are expected to occur, Resettlement Plans (RPs) for specific projects will be prepared and approved before initiating the specific projects. 23. A copy of ESSAF sections relating to the policy Framework for Land Acquisition and Resettlement; and Procedures of Formulating a Land Acquisition and Resettlement Plan is 5
provided at the end of RAP as Annex - I. 24. The Land Acquisition Act (LAA) 1894. The Pakistan law governing land acquisition is the LAA of 1894 and successive amendments. The LAA regulates the land acquisition process and enables the federal and provincial governments to acquire private land for public purposes through the exercise of the right of eminent domain. Land acquisition is a provincial responsibility and each province has its own interpretation of the Act. Some provinces also have their own province specific implementation rules. The LAA 1894 has not been extended to FATA and not being followed in letter and spirit. 25. The Frontier Crimes Regulation (FCR) 1901: comprises a set of laws of Pakistan that are applicable to the Federally Administered Tribal Areas (FATA). The FCR has its origins in laws that were enacted by the British Raj in the Pakhtuns-inhabited tribal areas in the Northwest of British India. They were specifically devised to counter the opposition of the Pakhtuns to British rule, and their main objective was to protect the interests of the British Empire. Over a century later, the laws continue to be applied to FATA residents by the Government of Pakistan. In 2011 the FCR was amended by the President of Pakistan through an Ordinance and added the clause 56 for payment of compensation to individuals for damages and land acquired for public purposes on the rates assessed with consensus or as applicable in settled areas. 2.5 Practice of Land Acquisition in FATA 26. The 1894 Land Acquisition Act (LAA) with its successive amendments is the main law regulating land acquisition for public purpose in Pakistan. LAA implementation rests on the local governments and more specifically on the local Board of Revenues and on the action of the Districts Land Collectors. As already described that the Tribal Areas are not ruled by this National law and project implemented in those locations follow a completely different legal and administrative stipulations based on negotiations and consensus building as given in FCR 1901 and 2011. This is also valid in the case of this Project. 27. Land Acquisition for this Project will be carried out in accordance to the processes in place in FATA which are based on the principle of negotiation and agreement between the Pakistan Government which is locally represented by the Political Agent (PA) and his subordinates, and the Maliks (tribal elders and leadership of Jirga, a local tribal organization in FATA). In order to fit with the requirements of the World Bank Policy on Involuntary Resettlement, land acquisition and resettlement will be carried out through the use of principles fitting the tribal land rights and ownership system. In particular, the WB policy requires that compensation is provided at replacement rates, which in the case of land is generally equated to market rate. As in tribal territories it is not possible to speak of market rates because land is seldom sold. Keeping in view the facts a Price Assessment Committee was formed in for this project with representation from the tribes/villagers and Maliks which assessed the prices with the consent of both tribal Maliks and Government Representatives. The prices were agreed and attested by the Additional Political Agent of Bajaur Agency. (Annexure II) 28. To guarantee the transparency of the agreement the tribal leaders of all relevant clans and lineages were consulted on the compensation rates. To oversee the transparency in the process of consultations, negotiating and payment of compensation money, a Compensation Disbursement Committees (CDCs) has been established. (Refer to the section Institutional arrangements) 2.6 Resettlement Policy Framework and Entitlement Matrix 29. This Resettlement Plan (RAP) has been prepared to compensate the project affected people as a result of construction of a proposed road (Dak Qilla Bypass) having a length of 02.832 Km, with 6
totally new alignment. Keeping in view, the types and magnitude of the project impacts, the principles, eligibility and entitlement of compensation has been developed and elaborated in following section of the RAP. 2.6.1 Basic Principles for Resettlement Plan Preparation 30. To meet the requirements of the WB-IR Policy and guidelines, the following basic principles are devised for the preparation of RAP: Adverse impacts on PAPs would be avoided or minimized to the possible extent; Where the adverse impacts are unavoidable, the PAPs will be fully and sufficiently compensated. Vulnerable groups will be identified and assisted to improve their standard of living; The W&SD will make cash compensation to the PAPs for their affected land, structures and other assets (tube well, trees) falling within the RoW. The owners of affected structures, in addition to cash compensation for the structure on replacement cost will be allowed to salvage their building material. This applies to the owners including absentee owners of all categories of immovable structures. Before taking possession of the acquired land and properties, compensation/ assistance will be made in accordance with the Bank Policy. Appropriate grievance redress mechanism will be established at field and project level to ensure speedy resolution of disputes. All PAPs are eligible for compensation and livelihood/income restoration irrespective to possession of land title. A title would however be required for payment of compensation for land. All compensation will be paid at replacement value for assets without deducting depreciation and salvage value. PAPs and stakeholders will be consulted to improve the design of the project, for preparation of the safeguards documents and over the life of the project. 2.6.2 Compensation Eligibility 31. PAPs are identified as persons who will lose their land/ assets, crops, trees, structures and livelihood due to construction/ improvement of proposed roads. The eligibility of PAPs for compensation/ or livelihood assistance has been discussed and agreed. The PAPs will be all those (owners/ squatters/ encroachers/proprietors) along the proposed road alignment who will lose their: i). Land ii). structures iii). Trees (fruit and wood/ timber) iv). Crops on area to be acquired v). Irrigation structures/assets vi). All community assets and public utilities affected by the project activities 32. Compensation eligibility is described with the cut-off date ( March 12, 2013) in the ensuing section of the RAP. 2.6.3 Compensation Entitlements 33. PAPs losing land, structures, trees and crops are entitled for compensation based on price 7
assessment by the Additional Political Agent (APA)/relevant government agencies. The following entitlements have been developed for PAPs depending upon the type and extent of impacts. i). Owners of Land (Customary Rights): All the owners of affected land have customary rights, which will be considered as statutory rights in accordance with tribal set-up, will be compensated in cash based on the price assessed by the Additional Political Agent ( through Tehsildar as per the provisions made in FCR 2011 by following the principle of negotiation 2. ii). Owners of Residential and other Structures: Owners of residential and other structures will be compensated in cash, based on the price assessed by the Additional Political Agent through the Works and Services Department by following the agreement with the PAPs as this is the only practice prevailing in the project area. iii). Crop Losses of Agricultural Land: The farmers will be provided with one-time payment of cash compensation equal to the one year loss of income assessed by the Additional Political Agent through Tehsildar by following the principle of consensus building in consultations with Agriculture agency of FATA. iv). Timber/ Wood Trees: The owners of private trees (wood/ timber) will be paid cash compensation in accordance with the price assessed by the Additional Political Agent through Tehsildar by following the principle of consensus building with PAPs in consultations with Forest agency of FATA. v). Fruit Trees: The owners of private fruit trees will be paid cash compensation in accordance with the price fixed by the Additional Political Agent/ APA through Tehsildar by following the principle of consensus building with PAPS and by involving Agriculture Agency of FATA. vi). Assistance for Vulnerable People: Vulnerable affected people refers to the landless tenants, elderly, disabled/ handicapped and persons who fall below the poverty line. Presently, none of affected household comes under the above definition of vulnerable person. However, in case of identification of such person (s)/household (s) during the RAP implementation, they will be given one-time allowance equal to one month's inflation adjusted Official Poverty Line 3 (i.e. Rs. 12,000), and priority of employment in the project related jobs by incorporating a Clause in the Contractors Contract. vii). Project related Employment: The Works & Services Department will incorporate a clause in the Contractor's Contract that preference shall be given to the PAPs and members of PAFs in the project related unskilled/semi-skilled and unskilled jobs, such as drivers, technicians, laborers as well as for office work, i.e. peon, clerk, computer operator etc. 2 As this is only the practice prevailing in the project area fall under the jurisdiction of Bajaur Agency to acquire a land for public purposes. 3 The latest estimate of inflation-adjusted poverty line per capita per month comes to Rs. 1,735 in 2011. By taking the av. household size as 6.92 persons, this comes to Rs. 12,000. 8
Table 2-1: Entitlement Matrix for Compensation Type of Loss Application Loss of Land and crops Land, All Land including, Losses Cultivable and Uncultivable/ waste/ hilly land. Loss of Crops Crop Cultivators Loss Trees Wood / timber Private Trees Owners Fruit Trees Private Owners Loss of Structures Loss of Owners of private Structures Structures Relocation Subsidy Relocation subsidy Occupants of house Renter of the shop Definition of PAPs Owners of Land (Customary / Statuary or Legal Rights) All concerned PAPs (crop growers) All relevant PAPs All concerned PAPs concerned PAPs of structures The PAPs who will be relocated physically The owner / proprietor of the micro business Qty 7.65 acres with 46 title holders 7.65 Acres with 46 PAPs 843 trees owned by 30 PAPs 35 trees owned by 6 PAPs 02 private structures owned by 02 PAPs (one house and one shop) 01 PAP who will be relocated physically 01 owner of the business Compensation Entitlements Cash compensation based on the price assessed by the Additional Political Agent/ APA through Tehsildar by following the principle of negotiation. Cash compensation against loss of crops based on the average market rate of crop (rabi and kharif) for the period of one cropping year as per rates given by the Agriculture Agency Cash compensation based on the price assessed by Agriculture Agency according to the age, size and circumference of trees. Owner of trees will be allowed to take salvage wood/tree. Cash compensation based on the market price assessed by Agriculture Agency depending upon the productive age of tree; Owner of trees will be allowed to take fruit/wood/ salvage of tree. Cash compensation based on the price assessed by W&S Department. The principle of severe impact (in case, more than 10% loss of asset). PAP of the house will be given a relocation subsidy equal to house rent for a period of 6 months (i.e. Rs. 4,000/month x 6=Rs. 24,000). The renter/owner of enterprise will be given a relocation subsidy of Rs.4000/ month rent for a period of 6 months Remarks A committee comprising Tehsildar, Maliks and village elders carried out the process of assessment of land rates based on negotiation and agreement with PAPs. The rates are fixed on the basis of market rates of yield, determined by the Agriculture Agency Prices were assessed by the Agriculture Agency based on size, age, girth and market prices for timber and wood. Rates of trees were fixed by Agriculture Agency based on size, age and productivity of the trees. Full replacement cost will be provided to restore the structures of house and the shop. The house and the shop are located in agricultural fields so no residential/ commercial land affected, thus compensation of land will be made on the rates of agriculture land given by Additional Political Agent of Bajour Agency. The subsidy is of 6 months based on average construction period of a similar house) The subsidy is based on the monthly average rent of a shop in the area 9
Shifting Allowance Livelihood Assistance Occupants of the House and shop who lose income PAPs, affected by relocation / rehabilitation of structures One affected person/owner of micro business (renter) Irrigation Structure One tube well Loss of Private Tube well Owners of the tube well Concerned PAP(s) Public utilities / Electric poles Shifting of Electricity Poles and a transformer Unidentified Losses PESCO PESCO 05 electricity poles and one transformer Unanticipated impacts All concerned PAPs 02 PAPs A one-time shifting allowance of Rs.5000/ will be paid to the PAPs 01 PAP One time assistance equal to Rs.12000/month for 6 months, in total 72,000/. 1 PAP Cash compensation based on the price of tube well including cost of reinstallation as assessed by the Works and Services Department. W&SD will pay relocation cost to PESCO based on cost estimates provided by PESCO. Transportation assistance for shifting of belongings/furniture and fixture. The livelihood assistance will be paid to the shop keeper (Micro entrepreneur) based on monthly official wage rate). The owner will relocate the tube well himself without affecting the provision of water to the crop. PESCO will shift electricity poles/ transmission lines to the nearby locations (out of Right of Way of the concerned road), - To be determined The cases to be treated in accordance with the World Bank Policy on Involuntary Resettlement/ESSAF principles and/or RAP entitlements through verification by PAPCs/GRC. 10
3 APPROACH AND METHODOLOGY 3.1 General 34. To ascertain the level of effects of the project on the people a detailed process of consultation was conducted during the preparation of RAP and a study on socioeconomic impacts on the existing conditions within the proposed alignment/ RoW as well as Corridor of Impact (Col) was carried out. 35. Total 9 m RoW was taken into account to identify the potential impacts of the project including land acquisition, loss of crops, trees, structures and other assets and income as well as relocation of public utilities. Consultations with PAPs and other stakeholder were used as a mean to acquire general information/perception and views of local/paps through community meetings, FGDs, indepth interviews of key informants, the outcomes of consultations have been integrated into resettlement planning and preparation of RAP. The following quantitative and qualitative methods were used to collect the primary data on the potential impacts of the project on the local population: - a. Census survey of 100% PAPs (Quantitative) b. Socio economic baseline study of population in CoI (Quantitative) c. Focus Group Discussions (FGDs)/ community consultations (Qualitative) d. In- depth Interviews Consultations (Qualitative) 3.2 Identification of PAPs 36. Any person, whose asset / infrastructure, source of income or access to resources is likely to be affected by the project's operations, is termed as a Project Affected Person (PAP. The PAPs identified during the field surveys are categorized as below: Land owners Owner of a residential structure Tenant of the residential house Owners of a business structure/shop Tenant of the business structure/shop Owner of a tube well Crops cultivators/leaseholders Owners of wood and fruit tress Absentee land owners (though no absentees owners found in the survey) 3.3 Collection of Information from Secondary Sources 37. These included the information collected from various documents / publications of the line departments such as W&S Department, FATA, Office of Political Agent Bajaur; office of the Tehsildar, and office of highway division and other concerned (Consultants/ contractor). 3.4 Collection of Primary Data 38. The primary data mainly emerged from the Impact Assessment surveys from Feb 21- March 6, 11
2013. The following surveys were conducted to collect the data from the field. 3.4.1 Impact Location Profile 39. An impact location profile survey conducted in Bajaur agency in all the the villages located along the proposed roads. A pre-structured questionnaires/ survey tools to collect the requisite information. 3.4.2 Census Survey of the PAPs 40. A census survey of 100% PAPs was conducted located within the project alignment of 9 m as per drawing/ W&SD and design Consultants. To assess the project impacts, a complete census (on 100% basis) of affected persons and their assets located within the RoW was carried out. The following data / information were collected. Number of PAPs Family size Occupation Type and extent of structures / assets to be affected Inventory of land by land use category Affected land Replacement costs of structures / assets Annual income of the owner of the affected structure / asset (from the affected asset and from other sources) Income of the other family members Vulnerable groups/paps Alternative options for resettlement Type of standing crops, trees and their value Identification of loss of income 41. The Census Survey was conducted by using a structured survey tools/ questionnaire, besides, information gathered from the PAPs through focused group discussions/ consultations and individual interviews. 3.4.3 Cut-Off Date 42. The cut-off date to determine the eligibility and entitlements for compensation under the project was taken as March 12. 2013, the date of the completion of Census Survey. People moving into the RoW after this date were not and will not be considered eligible for or entitled to any compensation. 3.4.4 Socioeconomic Baseline Survey 43. A sample survey was carried out in order to develop a socioeconomic baseline of the general population along the RoW of the project road. For this purpose, the total number of PAFs was taken as universe of the study. The size of study sample was determined as 30% of this universe, on random basis. The purpose was to make the findings of the socio-economic survey more representative of the conditions prevailed in the project area. A pre-structured questionnaire, shown as Appendix-A, was used for data collection. The survey focused on the following features of the sample population. Demographic characteristics Education and literacy rates Nature of business / occupations Income and Expenditure Pattern 12
Housing characteristics and amenities Ownership of Household Items Women participation in decision making Conflict resolution system Livestock inventory Access to social amenities 3.4.5 Processing and Analysis of Data 44. Database were developed using the MS Access. Before data entry, the filled-in forms were edited and thoroughly checked, so that omissions could be minimized. The data were processed and analyzed to derive the results of various indicators relating to socioeconomic conditions of PAFs and census of the PAPs. A part of socioeconomic baseline information is provided in different Annexes in the RAP, which will provide the baseline information for subsequently monitoring and evaluation studies. 3.5 Survey Team 45. The impact assessment survey was carried out for one of the proposed roads located under the jurisdiction of Bajaur agency in Tensile Khar through a joint team including: RAP Consultants (an interdisciplinary team consisting of survey engineer, enumerators, sociologist and economist); Sub Divisional Officer (Highway FATA Khar) Sub Engineer (Highway FATA Khar) Surveyor of Design Consultants Patwari from the office of Political Tehsildar Local community Elder (s) from respective village Concerned land/ assets owners (PAPs). (The list of the team members is attached as Annexure - VII) 13
4 SOCIO-ECONOMIC PROFILE OF Project Affected Familiess 46. A field survey was conducted from in February 21 to March 12, 2013 to assess the socioeconomic profile of the PAFs. ). This included the settlement pattern, demographic features, and occupation, income and living conditions of the all PAFs. The survey instruments used are a questionnaire for socioeconomic survey and village profile/ impact location profile and format for public consultations. The data collection was done after conducting 2 days trainings held at Peshawar to the survey teams, so that they could be comfortable to fill the data as per required format. 4.1 Settlement/ Ethnicity and Administrative Pattern 47. Most of the population (more than 95%) belonging to the project alignment is rural, while remaining belong to nearby town named as Khar in Bajaur. The PAFs are tribal Pakhtun who live according to their traditions and customs. In the Bajaur agency, the major tribes are Abad Khel, Mia Gan, Bel Khel, Umer Khel, Utman Khel. 48. The tribal people live in strong and well-fortified compounds, built at respectable distances from each other and with high towers to defend themselves not only from the tribal feuds, but also from close conflicts opposing cousins. One fort-like compound includes 12 to 20 houses. In tribal area each family has its own separate dwelling, proportionate in size to the number of its members and cattle and flocks. In each fortress, there is also a mosque. The interior of house is very simple with no decoration and furniture. Often cattle are kept inside of the houses. As one enters the main gate he finds a vast courtyard with one or two guest rooms (Hujra) depending on the social status of the family, for use of guests and male members of the family. The Hujra serves multiple purposes all of which serve to reinforce the authority of the elder as a leader, and the solidarity of the clan. 49. In today s system under the State the Jirga has been absorbed into the regular administration of justice in tribal areas. The FCR provides a legal cover to the Jirga to settle quarrels arising out of blood-feuds, relating to women, wealth and land disputes (zan, zar and zamin). Whenever an offence takes place or a dispute arises, the Maliks (Tribal Chiefs) gather and enter into intensive negotiations with the fighting parties to reach an amicable resolution of the conflict. A jirga also may try a criminal case and may recommend a verdict to the Political Agent. Jirgas may be informal or may be established by the PA (Political Agent) who uses it as an instrument to build an opinion and decide over the final resolution of a case. The size of a Jirga varies from one situation to another, based on the nature, significance and sensitivity of the dispute. It might consist of one member, although two members are more usual and often there are four or six experienced members, fully conversant with the laws of the Pukhtunwali4. Jirga does not include women, women mobility is restricted to the household level, it is difficult to access women for consultations due to strict pardah, cultural and religious norms. But women exercise a certain level of decision making that impact their lives i.e. water for drinking and household purpose. In view of the security, frequent bomb blasting and political sensitivity of the tribal area resulting in restricted mobility in the Bajaur agency, it was difficult to collect the information relating to the demographic features of the PAPs households. However, a concerted effort was made to collect the desired socio-economic information/ data of the affected population. The demographic features include size of households, gender composition, and literacy status of the sample population in the project area. 4 Pakhtunwali is a non-written ethical code and traditional lifestyle which the Pashtun tribal people follow in Pakistan, Afghanistan and elsewhere. 14
4.2 Demographic Profile 50. In total, the census inventory identified 46 affected households with a about 450 PAFs. 4.2.1 Family Size 51. Throughout the project corridor, majority of the affected households are living as an extended/ Joint family system in the same compound that includes 90 % as an extended/ joint family system), while only 10% are living as nuclear households. This explains the predominance of extended families in the project area. The extended or joint families include all the family members consisting children, wife, mother, father, brothers, sisters and grandparents are living under the same compound led by the family head. The elder of the house is responsible to look after all the social matters and other activities of the house including income and expenditure. 4.2.2 Gender Composition 52. Based on the field survey of sample population, it was noted that the average family size computed 9.1 members per house, out of which the proportion of males and females in total population estimated at 51.8 percent and 48.2 percent respectively as shown in graph. Table 4-1: Average Size of Household and Gender Composition in the Project area Av. Size of Gender Composition Household* Male (%) Female (%) 10.4 50.6 49.4 4.3 Educational Levels of the PAFs 53. The basic education is a fundamental human right of every member of the community. Literacy 5 is a key-learning tool in the first step towards basic education. Illiteracy breeds a vicious cycle, i.e. Illiterate are poor - poor are powerless - powerless are illiterate. Literacy is not just attaining the skills of leading and writing but providing people with the skills to learn, protect and empower themselves in society and effecting contribute the decision making at various levels. The general disparity in education exists in low-income communities. The average literacy rate for males and females residing the area computed to be 28.2 percent and 3.1 percent respectively. While only 7% population had above secondary education as shown in Table 4.2. Table 4-2: Education level of the sample population in the project area Literacy Rate* (%) Male Female 21.5 3.1 * Literacy refers the education up to the primary school level and is accounted for population resided in the vicinity of project site. 54. The lowest literacy among females is partly due to lack of girls schools in the project area. During the field survey some of the sample population has expressed their interest in girl s education. 4.4 Occupational Background 55. Among the PAFs, the small businesses dominate the project area, see Table 4.3. Of the total sample PAFs, 40.1 percent are involved in farming activities, while 26.6 percent are daily- wage laborers, 10.1 percent are govt. services. About 7.2 % of the PAFs are small traders or vendors engaged in small scale business (shops, stores, auto workshops, hotel etc.), while 6.9 percent, 3.2 percent and 13.1 percent are service (Drivers (trucks, trailers), abroad and other (retired) respectively. 5 One who can read and write his or her own name is considered as literate in Pakistan. 15
Table 4-3: Major Occupations of PAFs in the Project Area Major Occupations (%) Service Labor (Drivers Govt. Private (skilled & (trucks, Service Service unskilled) trailers) Business (Shops, mechanics etc.) Farming/ Livestock Grazing Abroad Other (Retired) 4.0-39.4 3.0 2.0 35.4 3.0 13.1 4.5 Household Well-being/ Livelihood 56. During the field survey, it was observed that the major sources of income in the project area are generated from business (shops, stores, auto workshops etc.), services (trucks & trailers drivers), labor, livestock grazing/ sale of animals (especially goats/sheep), remittances from abroad etc. Based on the data summarized in Table 4.4, the average annual household income is calculated to be Rs. 624,554, which comes from all sources of a household, such as crops, livestock, remittances from inside land and outside the country. Table 4-4: Average Annual Household Income of PAFs Households Average Household Income (Rs.) Annual Monthly 333,113 27,759 4.6 Household Expenditure 57. The annual expenditure and pattern of expenditure provides an indication for assessing standard of living of a household. The expenditure on food items include cereals, pluses, flour, sugar, cooking oil/ghee, pulses, vegetables, fruit, milk etc., while the non-food items consisting of expenditure on education, medical treatment, clothes, shoes, cosmetics, utility bills etc. On the whole, the average annual household expenditure on food computed to be Rs. 88,628 (59.1%) and Rs. 61,488 (40.9%). The ratio between food and non-food expenditure estimated in the project area as given in Table 4.5. Table 4-5: Average Annual Food and Non-Food Expenditure of PAFs Food Non-Food % of food % non-food Expenditure Expenditure Total (Rs.) expenditure items (Rs.) (Rs.) 71,910 76.4 22,225 23.6 94,136 4.7 Housing Conditions 58. Housing condition is also another indicator for assessing of living standard/ household well-being. It was observed during the field survey as depicted in Table 4.6 that on the whole, all PAFs had their own houses along the project corridor. As far as the housing conditions are concerned, it was assessed during the census survey that of the total houses, 25.2 percent are kacha cum pacca, 45.9 percent are kacha and remaining 28.9 percent are pacca houses. Table 4-6: Housing Conditions of PAFs in the Project Area Housing Conditions (%) Kacha / Pacca Pacca Houses Houses (Backed Kacha Houses (Baked Bricks/ Bricks/Block/Stone (Un-backed Bricks/ Blocks/ Stones) and Un-backed mud) Bricks/ mud 3.5 6.5 89.9 16
4.8 Availability of Infrastructure/ Social Amenities 59. About 85.3 % PAFs had the access to drinking water in the proposed emergency rural road project, 91.2% had the access to electricity. In case of other amenities, i.e., access to, schools and road, the extent was 17.4% and11.8 % respectively while health facilities is not available in project area as given below see Table 4.7. Table 4-7: Availability of Basic Amenities to PAFs in the Project Area Availability of Social Amenities (%) Health Drinking Electricity Center/ School Road Water Facility 70.6 82.4-11.8 11.8 4.9 Poverty Impacts 60. The poverty is routinely defined as the lack of what is necessary for material well-being especially food but also housing, land, and other assets. The poverty 6 refers to the poor people focus on assets rather than income and link their lack of physical, human, social, and environmental assets to their vulnerability and exposure to risk. Thus, lack of secure and consistent income, aggravated by lack of access to diverse sources of income is the main reason for the poverty in project areas. In general, the poverty is measured by the poverty line. The people who are below the poverty line refer to the vulnerable people. Negligible off-farm economic opportunities restrict job opportunities for daily wage labor. 61. In the Bajaur Agency marble quarries offer some source of off-farm employment. However, these do not generate sufficient employment for the local people seeking jobs. However, based on field survey it was observed that none/ or a few number of project affected household s found below the poverty line. 4.10 Social Risks and Mitigation Measures 62. Based on the field survey of the proposed project roads falling under the jurisdiction of Bajaur agency including impact assessment, socioeconomic and consultations with the project affected persons, the social risks may be regarding the security issues, health and safety of staff/ labor force & local community; impact on women mobility/local community. A detailed description of these concerns and their mitigation in the light of consultations with the PAPs/PAFs, communities and other stakeholders are discussed under the Section of public Consultations (Section 6). 4.11 Limitations 63. The following limitations were found during the field survey: Both of the proposed roads under the FERR project phase 2 are located in the Bajaur agency, where security issues are significant. Identification of affected women and consultations with them was extremely difficult, involving local and outsider female enumerator to interact with women was having very limited scope due to the tribal customs and cultural norms of the area regarding privacy of women. The surveys were conducted in the Muslim s fasting month of Ramadan, field teams faced difficulties in finding out APs for consultations. 6 Poverty is usually measured as either absolute or relative poverty (the latter being actually an index of income inequality). Absolute poverty refers to a set standard. Relative poverty measures are used as official poverty rates. 17
5.1 Cut-off Date 5 LAND ACQUISITION AND RESETTLEMENT IMPACTS 64. The inventory assessment survey was conducted from Feb 21 to March 12, 2103. Thus, the date of completion of the survey was considered 12 March 2013 as the Cut-off-date, which refers to the people who will settle after the cut-off date will not be entitled for any compensation. 5.2 Land Acquisition 65. As per census conducted for acquisition of land, it reveals that a total of 7.65 acres of agriculture land for the project implementation shall be acquired; it comprises 3.17 acres (41% of total) on Road and 4.48 acres (59% ) is off Road. The detail given in the table below: Table 5-1: Land Acquisition by Land Use Categories (Pak Rs) S# Land Category Chainag Total land Kanal Land in Acres i) On Road Rd 0+00- Rd 1+179 25.3803 3.1725375 ii) Off Road Rd. 1+179-2-2830 35.8144 4.4768 Total 61.1947 7.6493375 5.3 No. of Project Affected Persons 66. There are total 46 PAPs (452 individuals/ family members) who will be affected due to the acquisition of land at 56 different locations listed at annexure- X. At the same time some of them are also the owners of affected structures, trees and crops as well as other privately owned assets (like tube well). 67. As far as extent of impact is concerned; there is a minor or insignificant impact on these PAPs due to the acquisition of very narrow strip of land (i.e. 9m) as well as partial demolishing of few structures. All these PAPs have an adequate land adjacent to the road alignment, so that there would be an insignificant impact on the livelihood of the PAPs due to this project. Village-wise list of PAPs are given in table 5.2. Table 5-2: No. of PAPs by Village and Road Sr. No. Village/ Location No. of Project Affected Families (PAPs) Total Members of Project Affected Families 1 Name of road: Dag Qilla Bypass Road 1 Navedand 03 31 2 Mir Ali Qilla 03 31 3 Ghorbe Dand 07 73 4 Toor Main Kaly 01 11 5 Keam Shah 10 77 6 Tehsil Jomat 01 11 7 Qilla Kas Khar 04 41 8 Qazi Abad 17 177 Total 46 452 *Detailed location/ RD wise list is attached as Annexure- X 5.4 Detail of Affected private Assets and their Unit Rates 68. Total 03 private structures (including 01 residential unit, 01 shop and, 01 private irrigation tube wells, will be affected due to the project. The structures will be removed after payment of 18
compensation and serving at least 60 days prior notices to affected people. These 03 structures are owned by 03 PAPs. It is pointed out that there is a partial impact due to the demolishing of structures. However, the owners of the tube well agreed to shift/rehabilitate the affected assets themselves for which they will be compensated on the rates determined by the W&SD and agreed by PAPs. The W&SD will ensure that re-installation period would not impact/obstruct provision of regular irrigation water to the standing crops. All PAPs are willing to clear the RoW by shifting these structures, so that road could be constructed to ease their and their family lives. The number and size of the affected structures are summarized in Table 5-3 below: Table 5-3: Affected Housing Structures 7 (Pak Rs) S# Type of Structures Unit AHs Total Units Unit Price Total Price 1 Name of project: Dag Qilla Bypass Road I Pacca i) House Sq m 1 1125 576 648000 ii) Shop Sq m 1 80 576 46080 Total Sq m 2 1205 694080 Table 5-4: Tube well (Pak Rs) S# Structure Unit Quantity Unit Price Total 01 Tube Wells No s 1 250000 250000 Total 250000 5.5 Affected Public Structures/ Utilities 69. Shifting of 05 electricity poles along the transmission lines and one transformer will be required. Electricity poles/ lines will be shifted by PESCO, Furthermore, community is willing to clear the RoW in order to construct their roads (Table 5-5). Table 5-5: Shifting of Electric Poles, (Pak Rs) S# Utility Unit Total Units Unit Price Total Price 1 Electricity Poles Nos 5 35000 175000 2 Transformer Nos 1 20000 20000 Total Amount 195000 5.6 Affected Crops 70. In the project area, the whole affected private land is cultivable and being cropped. The major crops grown in rabi season are wheat, while maize is in kharif season. The average yield and value of crops provided by APA of Bajaur agency is presented in Table 5.6. Table 5-6: Area sown, Average Yield and Crop Value per Acre (Pak Rs) S# Crops Unit Ahs Total Units Unit Price Total Price I Wheat Acres 46 7.65 52800 351085 Ii Maize Acres 46 7.65 48000 319168 Total 670253 5.7 Affected Trees 71. A total number of 878 trees will be cut for construction of the road. There are three types of trees i.e. fruit, wood and timber trees. The details about each type are as under: 7 The variance in the unit rates of structures (boundary wall) in different locations is based on the nature of construction and material used in the construction taken into account while assessing the prices. 19
5.7.1 Fruit Trees 72. A number of 36 fruit trees owned by 6 APs will need to be cut-down due to the construction of the proposed roads. The type of fruit tree are Mulberry and plums. The average age of trees is given in Table 5.7. 5.7.2 Timber Trees 73. A number of 719 timber trees owned by 12 owners will be cut down. These trees include mulberry and popular which are used as timber in the project area a. 5.7.3 Fuel Wood Trees 74. Total 124 wood trees owned by 18 APs to be cut-down due to the construction of one of the proposed roads. The major types of wood trees are eucalyptus, frash and bakan. As a remedy to loss of trees and its effects to the environment, the W&SD will also do compulsory plantation on the road side after the completion of roads. The number and average girth of trees is given in Table 5.7. Table 5-7: No. of Fruit and Wood trees located within the RoW of proposed roads (Pak Rs) S# Type of trees Unit Ahs Total Units Unit Price Total Price 1 Name of project: Dag Qilla Bypass Road i) Timber Trees Nos 12 719 3320 2387080 Fuel wood ii) Trees Nos 18 124 607 75268 iii) Fruit Trees Nos 6 35 760 26600 Total 878 2488948 5.8 Women Headed Households 75. No women headed households will be affected due to the implementation of this project due to the tribal culture in the project area. The head of the household are generally the male members. Similarly, the women are not involved in the decision making process at community level, but they are more involved in the decisions regarding domestic activities. 5.9 Indigenous Peoples (I P) 76. No Indigenous peoples triggered under the project in accordance with the World Bank Safeguard Policy on Indigenous People. 5.10 Assessment of Unit Prices 77. There is no practice of legal documentation for sale and purchase of land both in Bajaur agency to determine the market rate or replacement cost. Neither there was any concept of prices assessment for the assets acquired for public purposes nor there any mechanism existed for prices assessment before the amendment in the Frontier Crimes Regulation (FCR) 1901 in 2011 by President of Pakistan. A new section 56 was included in FCR 1901 which protects individual property rights and asks for compulsory payment of compensation for the properties acquired for public purposes on consensus rate or Government assessed value as in vogue in settled areas. 78. The Political Administration on the request of Implementing Agency (W&SD) constituted a Prices Assessment Committee for one of the project roads under phase 2. The price assessment was carried out by the Price Assessment Committees under the overall supervision and consent of the Additional Political Agent on behalf of political administrations. The composition of each price assessment committee is as below: 20
i). Tehsildar ii). Patwari iii). Village elders (Jirga) iv). Malik 5.10.1 Land 79. Accordingly, under this project, on the request of PMU the Price Assessment Committee in Consultations with, Implementing Agency, village elders (Jirga) as well as some maliks assessed the prices of land of various categories in all the villages along with the RoW of the proposed Dak Qilla Bypass road. The land was divided into two categories of on road and off road for price fixation. The assessed prices as agreed by Implementing Agency and the land owners were notified by the Additional Political Agents. (Please see Annex II. The prices assessed for different categories of land for the road are given in the table (5.8) below: Table 5-8:Price Assessment of land by Land Use Categories (Pak Rs) S# Land Category Rs. /Kanal Total land in Kanal Land in Acres Total Amount i) On Road 800,000 25.3803 3.1725375 20,304,238 ii) Off Road 600,000 35.8144 4.4768 21,488,652 Total 61.1947 7.6493375 41,792,890 5.10.2 Price Assessment of Private Structures 80. As there are different categories of structures in FATA depending upon the material used for the construction such as stones, mud, etc., Therefore, the prices are not consistent with the prices used in KPK as well as other provinces of Pakistan. The notifications for the prices of structures are provided in Annex II (2) for Bajaur Agency, as assessed by the W&SD of FATA. The prices assessed for private structures given in table 5-9 below: Table 9: Price assessment for private structures S# Type of Structures Unit Total Units Unit Price Total Price 1 Name of project: Dag Qilla Bypass Road I Pacca i) House Sq m 1125 576 648000 ii) Shop Sq m 80 576 46080 Total Sq m 1205 694080 5.10.3 Price Assessment of Trees 81. APA through Political Tehsildar assessed the prices of trees in consultation with the concerned line departments of Agriculture and Forests. The prices assessed are presented in Annex II(3) and III(4) and summarized in table 5.10 below. Table 5-10 : Price assessment for fruit and timber trees (Pak Rs) S# Type of trees Unit Unit Price in Rs. i) Timber/ wood Trees Per grown up tree 3,320 ii) Fruit Trees Per grown up tree 670/ 607 21
6.1 General 6 INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATION 82. The major purpose of the consultation process is to disseminate the project related information to the project affected persons and local community as well as general public. And get the views/ feedback of the PAPs and local community related to the project design, implementation and operations of the project. The following are the specific aims of conducting public consultations: Inform about the project, its scope of work and design Incorporate suggestion of the people to improve project design to avoid/ and or minimize social and resettlement impacts in compliance of the ESSAF (2010) and Bank Operational Policy 4.12 on Involuntary Resettlement. Seek PAPs views about the project; Obtain information about the need and priorities of PAPs; Ensure effective participation of PAPs and obtain co-operation in activities required for RAP planning and implementation; Facilitate development of appropriate and acceptable entitlement options; Inform PAPs about the RAP implementation process and the Bank requirements; Discuss opportunities for participation in the project in accordance with the Bank requirements; and Ensure transparency in all activities related to social mitigation and resettlement matters. 83. Consultation process was carried from Feb 21 to March 12, 2013, which requires that project affected people should be fully informed and closely consulted on social/ resettlement impacts of the proposed project, options for resettlement/relocation, agreement on unit rates of affected assets and schedule of compensation payments and civil works. Thus, the consultation with stakeholders is the starting point for continuous consultation and of conducting social impact assessment. 6.2 Stakeholder s Analysis 84. One of the major purposes of stakeholder s identification and analysis is to provide an opportunity to involve and ensure participation of all groups of the society in the planning and implementation of a project depending on the stakeholders willingness and participation. The stakeholders for this project were identified based on criteria given in a matrix as below. 22
Table 6-1 Stakeholder s Analysis Matrix Institution/ Department W&S Department FATA Political Administration MDTF Administrator (World Bank) PESCO Maliks PHED PAPs Contractor (s) Roles and Responsibilities Implementing Agency Overall responsible for administration in the agencies Responsible for administering the project Relocation of electricity poles and wires Heads of clans and tribes Relocation of water supply Land to be handed over to IA Construction of the road Stake in the project High High High Medium High Medium High High NGOs Public service Medium Concerns Timely payment of compensation Assessment and disbursement of compensation to individual PAPs Commencement and timely completion of the project Coordination with IA Price assessment in consultation with PAPs/ elders (Jirga) Coordination & Lack of funds Compensation as per RAP Conducive environment in the area Socio economic uplift of people Strategies / planning - Preparation of RAP - Formation of PAPCs - Training/ capacity building of concerned staff - Supervision and monitoring of RAP implementation - Funds - Training on World Bank Safeguard Policies - Approval of the plans Funding arrangements - - Coordination - Formation of PAPCs - Facilitation in commencement of civil works - Funds - Coordination - Payment of compensation in consultations with PAPs (Jirga) - Facilitation in the commencement of civil works - Linkages with community - Coordination with political administration and IA - Community consultation and mobilization 85. The major feedback of different categories of stakeholders is discussed under the subsequent section. 6.2.1 Government Department 86. All the stakeholders of government (officials) appreciate construction of these roads in extremely remote areas. Presently, one of the road is having totally new alignment while other is just a kacha track. The population (especially elders, children, patients, women) resided along the proposed roads had great difficulties for travelling to nearby towns/cities. However, some of the officials indicated their concerns associated with this project are as below: The Government (IA/Political administration had more concerns relating to the right assessment of affected inventory including land and unit price assessment and 23
fair/transparent disbursement of compensation to the project affected persons. As there is no practice of land acquisition in tribal area and similarly, no land record available with the political administration. The occupant people of land have their customary rights. In such a situation, the officials of different departments were of the view that the whole responsibility regarding the process of land acquisition is generally with the political administration. The political administration was of the view that through Political Tehsildar/ Niab Tehsildar by involving Patwaris, Maliks and village elders (Jirga), the price assessment are made, which should be acceptable to all the PAPs. Shifting of the public utilities are the responsibility of the concerned office/department/ agency. In this context, Official pointed out that the provision of requisite funds for shifting/relocation of utilities should be the responsibility of the project. 6.2.2 PAPs/ General Public 87. The major feedback/ views of the PAPs/ general public was as below: All the PAPs - including land/ crops/ trees owners and structure owners as well as other general public were extremely in favor of this rural roads project and were fully agreed/ willing to participate in all projects related activities. The general public in the consultation were found in favor of the construction of new roads as an important necessity in the area. They had no access to nearby health facilities and education facilities. PAPs indicated that they have no experience regarding the sale and purchase of land but they were of the view that APA/ Political Tehsildar in consultation with them should assess the price, which would be acceptable to all PAPs. As regards consultations, PAPs/ general population indicated that in the tribal system, all activities are carried out through the consultation with the council of village elders (named as Jirga). In this context, they appreciated the continuous process of consultations during the SIA and preparation of RAP and expected same in the project implementation. Survey team did efforts to list down, the major concerns/ apprehensions of the PAPs and their feedback for solutions, 6.3 Dissemination of Information and Consultations with PAPs 88. The consultation process was carried out by holding scoping sessions/ group discussions with the PAPs/local communities. During these consultations PAPs were informed about the plans regarding the proposed FATA ERR project. In total 9 consultation meetings/sessions (with 57 participants including PAPs and general public) were conducted to share the information about the project and record their concerns/ feedback associated with this project. In this context, PAPs shared their views regarding the price assessment especially current price, method of payment of compensation and procedure for entering their concerns/ grievances. A list of public consultations (Annexure VII) is summarized at Table 6.2. The following aspects were discussed during the consultation process. Project introduction, discussion on design options and seek suggestions / recommendations Structures losses and their compensation 24
Transportation assistance to dispose-off salvage material Livelihood restoration assistance Compensation based on price assessment by the political administration and Tehsildar. Other aspects project related jobs to the PAPs/members of PAFs 89. In addition, the consultation meetings were also held with officials of different department, i.e. W&S Department, Highway Division, Political Administration of Bajaur Agency, Tehsildar and Patwaris. List of persons is as below. Chief Engineer, W&S Department, FATA, Peshawar Project Director, PMU, FATA Emergency Rural Roads Project, Peshawar Deputy Project Director, PMU-FERRP Additional Political Agent, Khar Bajaur Patwari Executive Engineer, Highway Division FATA, Khar, Bajaur Sub Divisional Officer, Highway Division FATA, Khar, Bajaur (List of Public Consultations is attached at Annexure - VII) 6.3.1 Specific Concerns of PAPs associated with the Project 90. During the field survey people were asked about their views regarding the project. In general, people have very positive thinking and good hopes about the project. However, some specific concerns pointed out by the PAPs are as under: Table 6-2: Concerns of Stakeholders and Measures Concerns Measures to address Responsibility Government should provide an opportunity to accommodate the PAPs/PAFs in project related jobs. The provision for jobs to be made part of contract of the contractor PMU/ Contractor/ FIU The Contractor should take due care and respect to privacy of their women during their daily activities. Compensation of loss of land and trees should be provided. Government ensures the payment of land to the individuals through cheques and illegal practices should not be practiced. Avoid graveyards at the best possible extent People are very happy with the construction of these roads and willing to participate in all activities. Clearance of the route should be done before starting the construction work especially removal of trees. For this a notice The Time schedule for work will be made in a way that daily routine activities of women should not be disturbed. But if not possible then adequate arrangements will be made to secure privacy of women. Compensation for land and trees as well as crops to be made based on the price assessed by the APA/ political Tehsildar/ Agriculture agency in consultation with PAPs. Payment to be made through compensation disbursement committee to ensure the fair and transparent disbursement. Efforts to be made to avoid graveyards. In case some impact, concerns will be addressed through consultations with the local community. Community will be involved in the RAP implementation process though PAPCs. RoW to be cleared after making the payment of compensation through a prior notice of 10 days to the PAPs/ or other concerned. 25 Contractor/ other project staff/ PMU/ FIU APA/ Agri. Agency CDC/ FIU/ PMU Consultants/ W&SD/ PMU and PAPCs PAPCs/ FIU/ Contractor PMU/ FIU
Concerns Measures to address Responsibility should be given to the owners. Shifting of some electricity poles will be required before starting work, which is presently located in the road alignment. Compensation for loss of land and trees (should be made through negotiation rather than using the pre-determined/ government rates. Project should re-construct/ rebuild in case of any damage to any community structure is made. Project should be completed intime. Shifting of electricity poles and other utilities to be done by the concerned department/ agency safely, well in advance and in shortest possible time. Price assessment of affected land/ structures and other assets made by the Political Administration through Tehsildar by involving Patwaris, Maliks, village elders (Jirga) and PAPC. All such damages will be avoided by design adjustments but in case it is unavoidable, compensation will be paid/ or reconstruction will be done in consultation with local community. All institutional arrangements are being made and funds to be available to ensure the timely completion of the project. 6.4 Consultation Strategy during Implementation Stage Concerned Department agency/ PMU/ FIU APA/ Tehsildar and village elders/ Malik Contractor/ PMU/ FIU IA/ PMU/ WB 91. A continued process of keeping the stakeholders informed and receiving their feedback at various stages of project implementation will provide a good measure to improve the social acceptability of the project, and will ensure effective participation of the stakeholders especially Project Affected Persons in the process of project implementation. In accordance with the Bank's OP- 4.12, the following strategy for public consultation during the implementation of the project work is delineated. 92. The PMU of W&SD through FIUs, Supervision Consultants and Political Administration including Tehsildar will keep a close liaison with the stakeholders including the PAPs and record their views relating to the satisfactory implementation of project works. Such records of public concerns will be incorporated in the periodic internal monitoring reports. Any mitigation measures to address their concerns will be taken by the project management (PMU/IA/ APA) keeping in view the concerns of PAPs. 6.5 Formation of PAPCs 93. A project affected persons committees is being formed at the level of each village, to ensure the smooth implementation of RAP in a continuous consultations with PAPs, organizing Jirgas at village level for updating impact assessment (if any), compensation disbursement and reddressal of community complaints/ grievances at village level. 94. Thus, it can be concluded that with the active involvement and participation of PAPs during the public consultations process, the task of RAP implementation could be successfully accomplished. Details regarding PAPCs are discussed under the Chapter of Institutional arrangements. 6.6 RAP Disclosure 95. This RAP has been prepared in consultation with the project stakeholders including the PAPs. Once approved the translation (Urdu) of the RAP shall be made available in the form of full RAP document and an information brochure in Urdu to each PAPs and other local community resided in the project area, so that each PAP would be able to understand the project activities, i.e. the project, eligibility for entitlement of compensation, methods of measurement, price assessment & valuation of losses, payment of compensation, community complaints redress system, budget and 26
monitoring & evaluation. 96. The office of the PMU and FIUs, will keep the PAPs informed about the impacts, the compensation and assistance proposed for them in this plan and facilitate in addressing grievance (s) of the PAPs as well as other general public. Finally, there will be on-site consultations to ensure the entitled disbursement of the compensation to the entitled PAPs. A copy of the information disclosure (brochure) will be distributed to each PAP and also placed in the local offices at W&SD, Additional Political Agent/ APA, Tehsildar and in the office of PMU for ready reference. 97. The RAP will also be disclosed through web site of the FATA Secretariat of Government of Pakistan, MDTF as well as the project specific InfoShop of the World Bank. 27
7 RESETTLEMENT BUDGET 98. The resettlement budget as given below in table 7.1 includes i) costs of land, structures (residential & other) and trees compensation, shifting and relocation assistance, livelihood assistance as well as other costs (i.e. cost of independent monitoring and evaluation etc). Total estimated cost of land acquisition and resettlement is Rs 53,363,060 (Rs. 53.663 million) which is 544521 in US$ (US$= 0.5446 million). 99. The IA will provide funds for the implementation of this RAP, financed by MDTF. Table 7-1: Overall budget of the Land acquisition and resettlement S.# Component Project (PAPs) Unit Unit rates Quantity Total Cost (Rs.) A Land Acquisition (Private Land) Kanal Pak Rs 61.1947 41,792,880 90.5 On Road 16 Kanal 800,000 25 20,304,240 Off Road 30 Kanal 600,000 36 21,488,640 B Crops Compensations Kanal Pak Rs 771,053 1.7 Wheat 46 Kanal 52,800 8 403,885 Maize Kanal 48,000 8 367,168 C Structures 2 Sq M Pak Rs 944,080 2.0 House/ shops 576 1,205 694,080 Tube well 1 Number 250,000 1 250,000 D Private Trees 153 Numbers Pak Rs 878 2,488,948 5.4 Timber tree 12 Numbers 3,320 719 2,387,080 Wood Trees 18 Numbers 607 124 75,268 Fruit Trees 6 Numbers 760 35 26,600 E Affected Utilities Number Pak Rs 195,000 0.4 Electric Poles Numbers 35,000 5 175,000 Transformer Numbers 20,000 1 20,000 Sub Total (A-E) 46,191,961 100 F Other Costs (Allowances, subsidies and assistance) Pak Rs 130,000 Livelihood Assistance 1 Months 12,000 6 72,000 (Shopkeeper) Relocation subsidy (House) 1 Months 4,000 6 24,000 Renter (shop) 1 Months 4,000 6 24,000 Shifting Assistance 2 AHs 5,000 2 10,000 G Monitoring & evaluation 4,500,000 Grand Total (A to G): 50,821,961 Contingencies (@ 5%) 2,541,098 Total Cost (Rs.): 53,363,060 Total Cost (US$.) @1US$=Pak Rs.98/- 544,521 %age 28
8 INSTITUTIONAL ARRANGEMENTS, GRIVANCE MECHANISM AND CAPACITY BUILDING 8.1 Institutional Arrangements 100. The institutional arrangements for the implementation of Resettlement Action Plan are discussed as below. 8.1.1 Works and Services Department (W&SD) 101. The Works and Services Department (W&SD) is the Implementing Agency (IA) of the project. The Chief Engineer, Works and Services, FATA, Peshawar is overall responsible for timely implementation of the RAP. 8.1.2 Project Management Unit (PMU) 102. The IA has established a Project Management Unit (PMU) headed by a Project Director and other requisite staff including Deputy Project Director, Manager Finance and support staff. The Project Director will act as the focal person for overall coordination with the World Bank and all other stakeholders to ensure timely implementation of the RAP. The RAP will be implemented by the Field implementation Unit (FIU) of W&SD established at Bajaur agency under the supervision of Project Management Unit (PMU). The RAP will be implemented through FIU in accordance with the implementation schedule presented in the RAP as well as civil works activities. 8.1.3 Field Implementation Unit (FIU) 103. The W&S Department has already established two Field Implementation Units' in the office of additional PA/ APA at Bajaur agency for the implementation of RAP. 104. FIUs will be responsible with the help of different committees for i) price assessment of land/ structures and other assets, payment of compensation to the PAPs, agreement with the community regarding handing over the requisite RoW to the contractor(s) for construction activities; and coordination with the relevant line departments/ agencies. The composition of FIU is as under: i). Additional PA/ APA ii). Executive Engineer, Highway Division/ C&W Div. FATA iii). Tehsildar iv). Resettlement Specialist of Supervision Consultant v). Contractor s focal point for Social Safeguards vi). Chairman of PAPCs Convener Focal member Member Member Member Member 105. Keeping in view the existing setup of FATA, the RAP will be implemented in accordance with the implementation schedule by the FIU of Bajaur agency in close consultations/ coordination with i) PAPCs, ii) Price Assessment Committee (PAC), iii) Compensation Disbursement Committee (CDC) as well Grievance Redressal Committees (GRC) both at FIU and Village level (VL). 8.1.4 Project Affected Person's Committees (PAPCs) 106. The Chief Engineer (W&SD), through the Executive Engineer of Bajaur agency has formed village wise Project Affected Persons Committees (PAPCs) comprised of the PAPs representatives as mentioned in the notification annexed as- IV. The PPACs will have a local elder as Chairperson and 4 other PAPs as members with an educated PAP as its secretary to maintain the records. 29
107. These PAPCs will assist in the process of land acquisition, assessment and payment of compensation; and grievance redressal in consultations with PAPs to address day-to-day social/ resettlement issues due to the project implementation. Furthermore, the PAPCs will verify the identification of PAPs at the time of compensation payments. The Committees will ensure that after the receipt of compensations, PAPs shall clear the RoW within the specified and agreed time, so that construction works could be started. 8.1.5 Compensation Disbursement Committee 108. In order to ensure the fair and transparent payment of compensation to the PAPs, as envisaged in the Resettlement Action Plan of FATA Emergency Rural Roads Project (FERRP), the Compensation Disbursement Committees (CDCs) established wide a notification as annexed VI in consultations with the Political Administration, RAP Consultants, Project Director and W&S Department (IA) in a joint meeting held in the office of Chief Engineer (W&D, FATA) on dated September 19, 2012. The composition of CDC is as follow: Designation Position Department/ Address 1 Additional Political Agent/APA Convener Bajaur/ Agency 2 Finance Manager (PMU) Member PMU (ERRP) FATA, Peshawar 3 Executive Engineer Member Highway Division/ C&W Div., Bajaur Agency 4 Political Tehsildar Focal person/ Member 30 Bajaur Agency 5 Chairperson of PAPC Member Concerned Project Affected Committee (PAPC) 6 Resettlement Specialist of Supervision Consultants Member Supervisory Consultants 109. Based on the price assessment, the CDC will present the demand for total compensation to be paid to all project affected persons (PAPs) to IA. Accordingly, the IA on the approval of the World Bank will transfer the requisite funds (amount of compensation) to the Additional Political Agent (APA) for further payment to all PAPs. The CDC will be responsible for the payment of compensation to all PAPs through cross cheques on the names of AP(s). 110. After making the payment of compensation to all PAPs, the CDC will also be responsible for an Agreement between the Political administration and PAPs under the witness of Chairperson of concerned PAPC/ or village elder that the requisite RoW is cleared and handed over to the Works and Services Department for the construction of propped road (s). 8.2 Grievance Redress Mechanism 8.2.1 General 111. The potential social and resettlement issues associated with this project and their mitigation measures have been given in the RAP. However, by doing all possible and best efforts, there could be a chance that an individual or a group may be unsatisfied with the measures adopted to address any such or unforeseen issues under the project. 112. In order to ensure smooth and timely implementation of RAP by addressing all community concerns/ issues, a Grievance Redressal Committees (GRCs) both at FIU and Village Level (VL) in consultations with the political administration, W&SD (IA) and PMU.
113. The GRC will provide a public forum to the aggrieved to raise their objections and through resolution, address these issues adequately. The main objective of the GRM will be to investigate charges of irregularities and complaints received from the PAPs and provide an early, transparent and fair resolution. 114. The complaints will be registered by maintaining a community complaints register (CCR), where the name & address of complainant, date, description of complaint and actions taken will be entered. 8.2.2 Grievance Redress Committees (GRCs) 115. The Grievance Redress Committees (GRC) both at FIU and Village Level have been formed vide a notification at annexure - V. i) GRC at FIU Level 116. The composition GRC formed at Field Implementation Unit (FIU) is given as below: Designation Position Department/ Address 1 Additional Political Agent/ APA Convener Bajaur Agency 2 Executive Engineer, Highway/ W&SD Focal Person/ Member Bajaur Agency 3 Tehsildar Member Bajaur Agency 4 Chairman of Project Affected Person Committee (PAPC) ii) GRC at Village Level Member 117. The composition GRC formed at Village Level (VL) is given as below: i). SDO/ Sub Engineer (Highway/ W&S, FATA) of concerned agency ii). Patwari iii). Chairperson of PAPC/ and or Jirga iv). Contractor focal point on social safeguards 8.2.3 Community Complaints/ Grievance Redress Process Concerned Village 118. Keeping in view the prevailing tribal people set-up in the jurisdiction of Bajaur agency, the process to be followed to redress the community complaints/ grievances relating to both land and non-land issues associated with the implementation of this project is discussed. The following process will be followed to address both land and non-land issues: Process of Community Complaints/ Grievance Redress Step 1: First, complaint resolution will be attempted at village level through the involvement of following i). SDO/ Sub Engineer (Highway/ W&S, FATA) of concerned agency ii). Patwari iii). Chairperson of PAPC/ and or Jirga iv). Contractor focal point on social safeguards. Step 2: If the issue un-settled, grievance can be lodged to the GRC at Village Level (VL) through entering the complaints/ concerns in a Community Complaints Register (CCR) at VL GRC, who will resolve the issues/ concerns within 7 days. 31
Step 3: Step 4: Step 5: If the issue still un-settled, grievance can be lodged to the GRC at FIU Level through entering the complaints/ concerns in a Community Complaints Register (CCR) at FIU level GRC, who will resolve the issues/ concerns within 7 days. The GRC decision should be in compliance with the RAP and World Bank safeguards policies. If issue un-resolved, then case can be forwarded to the Chief Engineer (W&S Department, FATA) through the Project Director (PMU), where decision will be made within 7 days. If the grievance redress system does not satisfy the PAP(s), then the PAP(s) will enter the reference in the office of the Political Agent, where the issue (s) will be settled through Jirga, within a period of 10 days. 8.2.4 Organogram 119. An Organogram showing the institutional arrangements for the implementation of RAP is illustrated through a diagram presented in figure : Figure 2: Institutional set-up for the Implementation of RAP Secretary (IA&C) WB Consultants Contractor Chief Engineer (W&SD) TPV/EMA PMU Project Director Dy Project Director Manager (Finance) Support Staff Field Implementation Unit (FIU) Add. PA/ APA XEN (Highway, FATA) Political Tehsil Dar Patwari Representative of PAPCs Agency Level Coordination Department Forest Agriculture PHE WAPDA Price Assessment Committee/ Jirga Political Tehsil Dar Patwari Chairman of PAPC Malik (concerned) Village elder GRC at FIU Level Add. PA/ APA - Convener XEN (Highway FATA) Focal Person Political Tehsil Dar - Member Chairman of PAPCs Price Disbursement Committee Add. PA/ APA XEN (Highway, FATA) Manager Finance (PMU) Political Tehsil Dar Chairman of PAPC Representative of Supervision Consultant GRC at Village Level (VL) SDO/ Sub Engineer (Highway FATA) Chairman of PAPC Patwari Contractor PAPs 32
8.3 Capacity Building and Training 120. Keeping in view the tribal setup under the jurisdiction of Bajaur Agency in FATA, the resettlement will be implemented through the political administration of concerned agency. As the IA and political administration lacked the expertise for the implementation of Rresettlement Aaction Plan in-line with the World Bank social safeguards ( Iinvoluntary Resettlement Policy and Aaccess to Iinformation Policy), 2 trainings of 6 days each have been proposed, one before the start of RAP implementation and other before start of compensation payments. 121. Under such a situation, about a week long two trainings on the World Bank social safeguards and implementation of RAP will be organized and conducted, i) before start the implementation of RAP, ii) before start of compensation payments. The first training is essential to understand the process for the implementation of RAP, while the second training will be helpful for the implementation of resettlement action plan in the light of field experiences/ lessons learnt. 122. The participant of training will include all the stakeholders who are fully or partially involved in the implementation of RAP. 123. The main stakeholders/ participants will be the following: Head Office of Works & Services Department (IA), FATA PMU FIU Political administration C&W Department, FATA Highway FATA Agriculture agency 124. The key objective of training program is to ensure that the requirements of the RAP are clearly understood and followed throughout the project implementation. In this context, a training plan has been prepared in consultation with the W&SD, PMU, and Political Administration including training modules, duration and resource persons.. The following aspects to be covered under the training program: World Bank social safeguard policies Iinvoluntary Rsettlement, Aaccess to Iinformation and disclosure Principles and procedures of land acquisition and resettlement; Principles for land acquisition and compensation include property ownership, replacement value of land, crops, trees, and built-up property, and timely release of compensation amount. Relocation of public/ private infrastructures including electricity poles, water supply lines, and social structures. Cut-off date Eligibility, entitlements and compensation mechanisms; Census survey of 100% PAPs for Inventory Of Losses (IoL) Public consultation and participation and information disclosure Grievance redress; Monitoring and evaluation 33
Integrity of privacy of local people particularly woman folk. Sanctity of religious and cultural properties. gender, vulnerable groups, disabled and minorities 125. Keeping in view the above aspects, a training plan including the training modules, category of participants and duration of training prepared and presented in table below. (Training Plan for the Capacity Building of Stakeholders is attached as Annexure - VIII) 8.4 Implementation Schedule 126. The schedule for the implementation of RAP was prepared in consultation with the Works and Services Department and well as PMU. Thus, the implementation of RAP to be completed in a period of 3 months. The activity-wise break-up of implementation schedule is given in Table 8.1. Table 8-1: RAP Implementation Schedule Action Timeline Responsibility Establishment of Project Management Unit (PMU) Completed W&SD Approval of RAP by the World Bank 30 March2013 WB Disclosure of RAP to the PAPs after translating into local language (Urdu) and an information brochure in Urdu, 10 April 2013 PD/ PMU and approval by the Bank. Transfer of funds to the additional Political Agents 20 April 2013 PD/ PMU Preparation Cheques for Payment of Compensation 30 May 2013 APA/ W&S Payment of Compensation to the PAPs 30 June 2013 APA/ (CDC) Internal monitoring report by PMU 15 July 2013 PMU Site handed over to Contractor 20 July 2013 IA EMA/ TPV report to confirm the implementation of RAP 31 July. 2013 PMU/ TPV Consultants Commencement of Civil Works 10 August 2013 W&S/ PMU 8.5 Monitoring and Evaluation 127. In general, the land acquisition and resettlement activities are monitored by IA (PMU) internally and externally. Internal monitoring is conducted by the IA, while the external monitoring to be done by deploying an independent monitor as the project involves land acquisition and other impacts. 8.5.1 Internal Monitoring 128. The Project Director is responsible for monitoring the progress of resettlement activities under the RAP and status of the project consultation strategy, based on internal monitoring reports submitted to the Bank on quarterly basis through the assistance of APA and Resettlement Specialist of supervisory consultants. 129. The PMU will review the efficacy of the M&E arrangements quarterly, relating to social and resettlement issues, and refine the arrangements accordingly. In this respect, the PMU will consider the findings/ suggestions made by the External monitoring consultant. 130. The information regarding internal monitoring will be collected from the field (FIUs) in order to compile on monthly basis and submit to Bank on monthly basis during the implementation of RAP. The following are the specific times for setting of monitoring/ benchmarks data/ reports: i). During the initial information dissemination campaign and consultation with PAPs and other stakeholder. 34
ii). At the time of compensation payment. iii). During and after income restoration activities (if any). iv). Other resettlement activities 131. Furthermore, the following activities to also be carried out for transparently according to the provisions made in the RAP: Verifying PAPs on the basis of specified documents Verifying public utilities identified for relocation Carrying out a consultation and dissemination campaign with regard to RAP i.e. entitlement packages, compensation procedures, grievance redressal mechanism etc. Preparing individual entitlement files Ensuring and recording compensation payments in case of delays in payment of compensation, record delays and ensure payment. Functioning of grievance redressal committee to ensure fairness and transparency during the RAP implementation process. Identifying and addressing major issues of conflict between PAPs and the Contractors during implementation of resettlement activities. Record the status of the GRM in terms of grievances received and resolved. 8.6 External Monitoring/ Third Party Validation 132. The PMU will engage a firm/ individual/academia for Third Party Monitoring/ Validation of the RAP implementation. The firm/individual/academia for Third Party Validation will develop monitoring and evaluation indicators for the study on the basis of RAP. The external monitoring will be carried out on quarterly basis. The objectives of this process is to ensure that the provisions of the RAP are being implemented, public consultations are carried out, grievance redress mechanism is adopted, the PMU, Contractor and the Supervision Consultant will maintain up-to-date records of their resettlement/social safeguard related activities. The ToR of External Monitoring Agency (EMA) is given in Annex X. 133. The external monitor will review the status of the RAP implementation in the light of the policy, principles, processes, targets, budget and duration that had been laid down in the RAP. The key tasks and indicators during monitoring include the following: Monitoring Aspects Delivery of Entitlements Potential Indicators» Entitlements (numbers and %ages) disbursed, compared with number and category of losses set out in the entitlement matrix.» Disbursements against timelines agreed in RAP.» Identification of the displaced persons losing land temporarily, e.g. through soil disposal, borrow pits, contractors' camps, been included.» Timely disbursements of the agreed costs and any resettlement allowances, according to schedule.» Number of social infrastructure and services restored i.e. electricity poles, school boundary. 35
Monitoring Aspects Consultation and Grievances Communications and Participation Budget and Time Frame Monitoring Benefits Potential Indicators» Number of Consultations organized as scheduled including meetings with PAPs and communities with dates, venue and number of participants.» Knowledge of entitlements by the number and %age of PAPs.» Use of the grievance redressal mechanism by the number %age of PAPs and general communities residing in the project area.» Information on the resolution of the grievances with number of PAPs.» Level of participation in meetings (of women, men, and vulnerable groups).» Level of information communicated adequate or inadequate.» Information disclosed.» Translation of entire document of RAP and in the form of an information brochure in Urdu/ Pashtu languages and disclosure to the PAPs (full translated RAP to the representatives of PAPs while information brochure to each affected household) and other stakeholders especially office of Political Agents.» Number of meetings with general public (for both men and women).» Appointment of Land acquisition and resettlement staff and mobilized on schedule for the field and office work.» Capacity building and training activities completed on schedule.» Achieving resettlement implementation activities against the agreed implementation plan.» Funds allocation for resettlement to the concerned agencies on time.» Receipt of funds by concerned agencies as per planned schedule.» Funds disbursement according to the resettlement plan.» Land acquisition and handing over of possession on time for implementation.» Noticeable changes in patterns of occupation, production, and resource use compared to the pre-project situation, if applicable.» Noticeable changes in income and expenditure patterns compared to the pre-project situation.» Changes in cost of living compared to the pre-project situation.» Changes in key social and cultural parameters relating to living standards.» Changes occurred for vulnerable groups.» Benefiting from the project by the displaced persons. 36
ANNEXES
Annexure I Environmental and Social Screening and Assessment Framework (ESSAF) Guidelines for Land Acquisition and Resettlement Planning I. Objectives 1. Resettlement and land acquisition will be kept to a minimum, and will be carried out in accordance with these guidelines. Subproject proposals that would require demolishing houses or acquiring productive land should be carefully reviewed to minimize or avoid their impacts through alternative alignments. Proposals that require more than minor expansion along rights of way should be carefully reviewed. No land or asset acquisition may take place outside of these guidelines. A format for a Land Impact Screening Data Sheet is attached as Attachment 4 (I). 2. These guidelines provide principles and instructions to compensate negatively affected persons to ensure that they will be assisted to improve, or at least to restore, their living standards, income earning or production capacity to pre-project levels regardless of their land tenure status. 3. Voluntary land contribution is accepted with the following conditions, Contribution is truly voluntary without pressure The land contributed is free of occupation Contribution is less than 10% of the total land holding The contributing household is not below the national poverty line The contribution is documented 4. Voluntary contribution should be clearly documented to confirm the voluntary nature of the transition. The documentation should specify that the land is free of any squatters, encroachers or other claims. A format is shown in Attachment 4 (ii). II. Policy Framework for Land Acquisition and Resettlement 5. The framework is prepared on the basis of the Land Acquisition Act and the World Bank Operation Policy 4.12 on Involuntary Resettlement. The overall objective is to mitigate adverse project impacts on people s livelihood, and assist them in improving or at least restoring their livelihoods. The following principles will be followed in developing any resettlement plans, 6. The project implementation agencies will ensure timely provision of the following means of compensation to affected peoples: a) Project affected peoples losing access to a portion of their land or other productive assets with the remaining assets being economically viable are entitled to compensation at a replacement cost for that portion of land or assets lost to them. Compensation for the lost assets will be made according to the following principles: i. replacement land with an equally productive plot, cash or other equivalent productive assets; ii. materials and assistance to fully replace solid structures that will be demolished; iii. replacement of damaged or lost crops and trees, at market value; iv. other acceptable in-kind compensation; v. in case of cash compensation, the delivery of compensation should be made in public, i.e., at the Community Meeting; and vi. in case of physical relocation, provision of civic infrastructure at the resettlement sites. b) Project affected peoples losing access to a portion of their land or other economic assets
rendering the remainder economically non-viable will have the options of compensation for the entire asset by provision of alternative land, cash or equivalent productive asset, according to the principles in (a) i-iv above. 7. The displaced persons eligible for compensation or rehabilitation provisions under the Program are: All land owning displaced persons losing land or non-land assets, i.e., crops and trees whether covered by legal title or traditional land rights, whether for temporary or permanent acquisition. Tenants and share-croppers, whether registered or not; for all non land assets, based on prevailing tenancy arrangements. Displaced persons losing the use of structures and utilities, including titled and non-titled owners, registered, unregistered, tenants and lease holders plus encroachers and squatters. Displaced persons losing business, income and salaries of workers, or a person or business suffering temporary effects, such as disturbance to land, crops, and business operations both permanently and also temporarily during construction. Loss of communal property, lands and public infrastructure. Vulnerable displaced persons identified through focus group discussions. In the event of relocation, all displaced persons will receive transitional and other support to reestablish shelter and livelihoods. Entitlement Matrix Assets lost Specification Displaced Person Compensation Entitlements Residential/ commercial land Agricultural land, including Cultivable land and uncultivable wasteland Residential and commercial structures All land losses Irrespective of impact severity Owner (legal/customary)) Cash compensation at replacement cost plus 15% compulsory acquisition surcharge (CAS) free of taxes, registration and transfer costs; or Land for land compensation through provision of plots of comparable value and location as the lost asset, including transitional support. Renter/leaseholder Cash compensation value proportionate to the duration of the remaining lease period Encroacher/Squatter Self relocation allowance covering one year of agricultural income; or Provision of a replacement plot in a public resettlement area and with the legal status (owned or leased) of that lost. Owner Cash compensation at replacement cost plus 15% CAS, free of taxes, of registration and transfer costs; or Land for land compensation through provision of plots of equal value and productivity as that lost Sharecropper/Tenant (registered or not) Lease Tenant (registered or not) Cash compensation equal to the market value of the share of lost harvests: two shares if the land loss is permanent, one if it is temporary. Cash equivalent of the market value of the gross yield of lost land for the remaining lease years, up to maximum of three years. Encroacher/ Squatter Rehabilitation allowance equal to the market value of the harvest of lost land for one year (both rabi and kharif crops) in addition to standard crop compensation Owner of the structure, including Encroachers/ squatters Cash compensation at full replacement cost for affected structures and other fixed assets, free of salvageable materials, depreciation and transaction cost and also transportation cost; or if partial loss, full cash assistance to restore the remaining structure. Fees and taxes (if applicable) will be
Assets lost Specification Displaced Person Compensation Entitlements waived. The option of relocation and relevant support will be discussed during the focus group discussions and included in the RAPs. Community Assets Renter/Leaseholder Cash compensation equivalent to three months rent or a value proportionate to the duration of the remaining lease Rehabilitation/ substitution or cash compensation at full replacement cost of the affected structures and utilities. Businesses All DPs so impacted Cash compensation equal to income during the interruption period, as determined through the SIA and included in the RAP Employment All DPs so impacted Indemnity for lost wages for the period required to re-establish business as determined through the Social Impact Assessment (SIA) and included in the RAP. Crops Trees Relocation Vulnerable DP livelihood support Unidentified Losses Affected Crops All affected Trees Transport/ transition costs Unanticipated impacts Cultivator of crop Crop compensation in cash at the full market rate for one year s agricultural income (both rabi and kharif harvests). If sharecropped or a tenant then compensated according to shares. Owner Fruit trees: compensation to reflect Income replacement as assessed by Horticulture department based on market value of annual produce, projected for number of years the tree can potentially produce fruit. Timber trees: trees grown and/or used for timber then compensation is to reflect the market value of tree s wood content, based on the wood measurement survey of Agriculture Department. All DPs to be relocated Provision of allowances to cover transport costs on actual cost basis at current market rates. If physical relocation of the affected households is required and requested by the displaced persons, appropriate relocation sites will be developed or through support provided to flood victims. The need for support during the transitional period will be assessed through the SIA and included in the RAP. Poor and female headed households and other vulnerable households, including the elderly, identified through the SIA. Cash allowance equivalent to at least 12 months of minimum wages of PKRs 7000/- per month as fixed by the GOP (in accordance with figures released by the Province) using the poverty line index or as determined through the social impact assessment surveys. First priority for skills training under emergency support. Job placement program employing DPs in project reconstruction activities. All DPs and households are also eligible for government flood assistance cash support. All DPs Dealt with as appropriate during sub- project implementation according to the WB policy. III. Procedure of Formulating a Land Acquisition and Resettlement Plan 8. If resettlement impacts are unavoidable in implementing a subproject, the implementing agency will formulate a land acquisition and resettlement plan in parallel with sub-project design according to the following procedure: Complete the screening checklist. Conduct focus group discussions including consultations with women and vulnerable households to (a) obtain stakeholder inputs regarding how to avoid or at least minimize involuntary resettlement, and to identify their needs and preferences; (b) establish the social and economic baseline to prepare the RAPs. Based on detailed design undertake (a) social impacts assessment (SIA), (b), census survey of
IV. DPs, (c) complete an inventory of lost land and assets of all DPs and addresses of households, (d) land demarcation and measurement surveys (LDMS), and (e) disclose resettlement information to all DPs in their own language. Prepare and disclose the RAPs to all DPs in their own language and keep copies of the documents at public offices; the project implementing agency or concerned government will endorse the RAPs before submitting it MDTF and to World Bank for review. Consultation Process 9. The implementing agencies will ensure that all occupants of land and owners of assets located in a proposed subproject area are consulted. Community meetings will be held in each affected district and village. The consultations will identify their concerns and take into account special needs and considerations. Consultations will be gender inclusive and ensure vulnerable households are not excluded. The decisions of such meetings will be recorded, and these records will indicate the responsibility and timeline for implementing the decisions. Each resettlement plan will document all public consultations held and the disclosure of resettlement information. During RAP preparation, resettlement information will be disclosed to all DPs in their own language, and their views and opinions will be taken into consideration in finalizing the plans. Final RAP will be translated into local language (Urdu/Pashto) soon after its approval and disclosed through public notices posted at implementing agency offices, published in newspapers, and posted on World Bank s website. A copy of translated entire RAP will be shared with the representatives of PAPs and other stakeholders especially office of the Political Agents while information brochure will be shared with each affected household. V. Complaints and Grievances 10. Field level grievances will be addressed through a local grievance redress committee to be formally constituted for reconstruction activities that will have participation of DPs and IAs. The local grievance redress committee will be established at district level, which will comprise of all relevant stakeholders, including DP representatives and a local NGO/ CBO. The Committees will function as open forums for raising objections and holding discussions to resolve conflicts. Each committee will record its deliberations and inform the concerned parties within 4 weeks of its findings and recommendations. Displaced persons may also appeal to the Ombudsperson established under the flood management program. VI. Monitoring and Evaluation 11. The RAP implementation for each sub-project will be monitored both internally and externally. The IA with assistance of MC will carry out internal monitoring and provide periodical monitoring reports to World Bank. The frequency of reports will vary from sub-project to sub-project in accordance with the severity and magnitude of impacts. External monitoring will be required in cases where livelihood compensation has to be paid and section by-section approach for RAP and civil works is adopted. The aim would be to identify cases where the mitigation measures and compensation are failing to support livelihoods, so that additional measures can be identified to prevent this happening, especially in sub-projects that will be implemented on a section-bysection basis. The external monitoring agency (EMA) will be hired under the MCs and frequency of external monitoring will be identified in each RAP depending on the scale and sensitivity of impacts. All monitoring reports will also be submitted to World Bank prior to mobilization of the civil works contractor. 12. The EMA will also assess the situation of affected vulnerable groups, including female headed households, with selection based upon consideration of appropriate socio-economic indicators and a review of the RAP implementation process. In the event that DPs will need to be relocated,
the EMA will carry out a post-implementation evaluation of the RAP about a year after completion of a sub-project, in order to ascertain whether the objectives of the RAP were attained. The benchmark data of the socio-economic survey of DPs conducted during the preparation of RAP will be used to compare the pre and post-project conditions. The EMA will recommend appropriate supplementary assistance for the DPs should the outcome of the monitoring show that the objectives of the RAP have not been achieved.
Annexure II Price Assessment Notifications for Bajaur Agency
Annexure II (1) Price Assessment for Land (Bajaur)
Annexure II (2) Price Assessment of Structures ( Bajaur Agency)
Annexure II(3) Price Assessment of Trees (Bajaur Agency)
Annexure II (4) Price Assessment of Crops at Bajaur Agency
Annexure III List of RAP/ Field survey teams i). Mr. Ali Ahmad Jan, Team Leader, SSPL ii). Mr. Ayaz Asif, Coordinator, SSPL iii). Mr. Ahmad Din Khan Safeguard Specialist iv). Mr. M. Asif, Survey Engineer, SSPL v). Mr. M. Ali Durani, Survey Enumerator (Local), SSPL vi). Mr. M. Ishaq, Survey Enumerator (Local), SSPL vii). Mr. M. Fayyaz Khan, Survey Enumerator (Local), SSPL viii). Mr. Ali Akbar Khan, Survey Enumerator (Local), SSPL ix). Mr. Mudassar Nazar, Data Manager, SSPL
Annexure IV- Notification for PPACs
Annexure V- Notification for GRC
Annexure VI- Notification for Compensation Disbursement Committee