ACRONYMS - World Bankdocuments.worldbank.org/.../EGCB-RAP-FINAL.docx · Web viewChapter 5: LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS 5.1GOB Laws on Land Acquisition The principal

Power Cell, Power Division, Ministry of Power, Energy and Mineral Resources, Government of the People's

Republic of Bangladesh

October 2018Final ReportBangladeshUtility Scale Solar PV & Wind Projects in Feasibility Study for Development ofUnderResettlement Action Plan (RAP)

Resettlement Action Plan (RAP)50 MW ac Solar Power Plant/Scaling-up Renewable Energy Project

ACRONYMS

ADC - Additional Deputy Commissioner AH - Affected Household AHH - Affected Household Head AP - Affected Person ARIPO - Acquisition and Requisition of Immovable Property Ordinance BBS - Bangladesh Bureau of Statistics BOI - Board of Investment BDT - Bangladeshi Taka BPDB - Bangladesh Power Development Board CCL - Cash Compensation under Law CMP - Current Market Price CMV - Current Market Value DAE - Department of Agriculture Extension DC - Deputy Commissioner DPD - Deputy Project Director DoE - Department of Environment EA - Executing Authority EP - Entitled Person EM - Entitlement Matrix FGD - Focus Group Discussion GoB - Government of Bangladesh GRC - Grievance Redress Committee GRM - Grievance Redress Mechanism HIES - Household Income and Expenditure Survey IOL - Inventory of Losses IRLA - Income Restoration and Livelihood Assistance JVC - Joint Verification Committee JVS - Joint Verification Survey LIRP - Livelihood and Income Restoration Program MIS - Management Information System PD - Project Director EGCB - Electricity Generation Company of Bangladesh RAP - Resettlement Action Plan RC - Replacement Cost REB - Rural Electrification Board RHD - Roads and Highways Department RoW - Right of Way RV - Replacement Value SEIU - Social and Environmental Implementation Unit

EGCB-BPDB/Power Cell/Power Division/MoPEMR 1


ToR - Terms of Reference VH - Vulnerable Households VA - Vulnerability Allowance WB World Bank



DEFINITIONS OF TERMS

Affected Person (AP)

- Includes any person, affected households, firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with physical or economic displacement.

Assistance - Means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets.

Compensation - Means payment in cash or kind for an asset to be acquired or affected by project at replacement cost at current market value (according to WB) or at CCL (GoB regulation) whichever is higher.

Community - A community is commonly considered as a social group of people living in a given geographical area (here community will comprise of the unauthorized people living in the concerned site) who share common norms, values, identity and often a sense of a common civic. These people tend to define those social ties as important to their identity, practice, and roles in social institutions like family, home, work, government, society, or humanity. For this document, the affected population living in the area could be considered as a community.

Cut-Off-Date - Generally, refers to the date after which eligibility for compensation or resettlement assistance (as the case may be) will not be considered. Starting date of census considered as eligibility Cut-Off-Date.

Displaced Person (DP)

- As per World Bank, OP 4.12, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use.

Entitlements - Include the range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution and business restoration, which are due to affected households, depending on the type and degree/nature of their losses, to restore their social and



economic base.

Eminent Domain

- Refers to the regulatory authority of the Government to obtain land for public purpose/interest or use as described in the 1982 Ordinance and Land Acquisition Law.

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

Inventory Loses

of - Includes the inventory of the affected properties during census survey for record of affected or lost assets for preparation of the Resettlement Plan.

Non-titled - Means those who have no recognizable rights or claims to the land that they are occupying as per national laws and includes people using private or public land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. .

Relocation - Rebuilding and reinstalling of housing, assets/properties including productive land, and public and private infrastructure, in a new location.

Replacement Value

- As per WB policy refers to the value of assets to replace the loss at current market price, or its equivalent, and is the amount of cash or kind needed to replace an asset in the existing condition, including transportation cost.

Resettlement &Rehabilitation

- Resettlement refers to rebuilding housing, assets, including productive land and public infrastructure in another location while rehabilitation means restoration of income, livelihoods, and re-establishment of sociocultural system.

Resettlement - Means mitigation of all the impacts associated with land acquisition, including relocation and reconstruction of physical assets, such as housing and restoration of income and livelihoods in post-relocation period.

Structures - Refer to all buildings, primary structures (residential and commercial) and secondary structures (fences and walls, tube-wells, poultry and cattle shed, concrete stairs, concrete drains, latrines etc.)

Vulnerable Households

- include households those are: (i) headed by single men or woman with dependents with low incomes; (ii) headed by old/disabled people without means of livelihood support; (iii) households that fall on or below the poverty line; (iv) households of small ethnic communities; (v) poor households without title to land; and (v) households of socially marginalized group or caste.



Table of Contents

ACRONYMS........................................................................................................................... 1DEFINITIONS OF TERMS........................................................................................................3EXECUTIVE SUMMARY...........................................................................................................8Chapter 1: PROJECT DESCRIPTION......................................................................................13

1.1 Background of the Project......................................................................................131.2 The Project.............................................................................................................131.3 Project Location......................................................................................................131.4 Scope and Objective of the Resettlement Action Plan...........................................141.5 Methodology for Preparing the Resettlement Action Plan......................................151.6 Approval and Disclosure of the RAP.......................................................................15

Chapter 2: LAND ACQUISITION AND RESETTLEMENT IMPACT.............................................162.1 Land Acquisition and Project Impact......................................................................162.2 Ownership Status of the now Acquired Land..........................................................182.3 Absentee land owners/lessees...............................................................................192.4 Affected Standing Crops.........................................................................................202.5 Affected Sharecroppers..........................................................................................202.6 Claimants of Land for Compensation.....................................................................20

Chapter 3: SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLD............................203.1 Census and Data Collection...................................................................................203.2 Socioeconomic Profile of the Affected Households-An Overview............................21

Chapter 4: CONSULTATIONS, PARTICIPATION AND DISCLOSURE........................................274.1 Introduction............................................................................................................274.2 Classification of Project Stakeholders.....................................................................274.3 Consultation Process..............................................................................................27



4.3.1. Public Consultation Meeting.............................................................................284.3.2. Focus Group Discussion...................................................................................294.3.3. Consultation with Women................................................................................30

4.4 Attitudes toward the Project...................................................................................31Chapter 5: LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS.....................................32

5.1 GOB Laws on Land Acquisition...............................................................................325.2 The World Bank Safeguard Policy on Involuntary Resettlement.............................325.3 Project’s Social Management and Resettlement Policy..........................................34

5.3.1. Policy Principles...............................................................................................345.3.2. Compensation Principles and Standards..........................................................355.3.3. Eligibility Cut-Off Dates....................................................................................35

5.4. Valuation of Acquired Land....................................................................................355.5 Eligibility and Entitlement Matrix...........................................................................365.6 Compensation and Entitlements............................................................................365.7 Livelihood and Income Restoration........................................................................38

Chapter 6: LAND ACQUISITION AND RESETTLEMENT COST................................................40Chapter 7: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENT...................................42

7.1 Institutional Arrangement......................................................................................427.2 EGCB Field Office...................................................................................................427.3 Role of Project Director..........................................................................................427.4 Role of Executive Engineer....................................................................................437.5 Role of the Social and Environmental Implementation Unit (SEIU)........................437.6 Owner’s Engineer...................................................................................................43

Chapter 8: GRIEVANCE REDRESS MECHANISM...................................................................448.1 Background and Objectives....................................................................................448.2 Grievance Redress Committee...............................................................................458.3 Grievance Resolution Process................................................................................458.4 Approval of GRC’s and Entitlement of GRC Members.............................................46

Chapter 9: MONITORING, EVALUATION AND REPORTING...................................................479.1 Introduction............................................................................................................479.2 Objective of M & E..................................................................................................47



9.3 Approach and Methodology....................................................................................479.4 Monitoring and Evaluation.....................................................................................499.6 Institutional Arrangement for M&E.........................................................................50

9.6.1. Internal Monitoring...........................................................................................509.6.2. External Monitoring..........................................................................................50

9.7 Reporting Requirements........................................................................................51ANNEX................................................................................................................................ 52



EXECUTIVE SUMMARY

E.01 The Project: The Electricity Generation Company of Bangladesh Limited (EGCB) has planned to establish a potential grid-connected renewable energy project at Purbo Borodholi Mouza in Char Chandia, Sonagazi Upazila under Feni District. The proposed project involves setting up of 50 MW ac solar power plant along with power evacuation facility. The project requires 165.5 acres of land. Power generated from the proposed 50 MW ac power plant will be evacuated in the national grid through a 230kVtransmission line to the Mirershorai BEZA substation (a separate environmental and Social Management Framework has been prepared for this). E.02 The project impacts were considered in view of the Acquisition and Requisition of Immovable Property Ordinance II (1982) of Bangladesh and the World Bank Operation Policy on Involuntary Resettlement (OP 4.12) in preparing the Resettlement Action Plan (RAP). The primary objective of this RAP is to identify impacts and to plan measures to mitigate the various adverse impacts of the project. The RAP presents (i) profile of the affected people and other stakeholders, (ii) the type and extent of loss of assets, including land, structures, tree, crops and income; (iii) the principles and legal framework applicable for mitigation of these losses; (iv) the entitlement matrix, (v) resettlement and rehabilitation activities (vi) implementation arrangement including monitoring and evaluation, (vii) grievance redress mechanism, and (viii) the budget.E.03 Land Acquisition and Project Impact: The 50MW solar power plant requires 165.5 acres of land which will be used from the 999.65acres of acquired land in Purbo Borodhuli Mouza in Char Chandia Union of Sonagazi Upazila under Feni District. The land acquisition has been completed and D.C Feni has handed over 999.65 acres (including the 165.5 acres required by the 50 MWac Solar Project) to EGCB on the 03rdAugust 2017.Subsequently, gazette notification has also been completed in favor of EGCB in October 2017 and the process of mutation is progressing. As the entire project site (165.5 acres of land) is low-lying land (nal); no residential or commercial structures are present. The land remains inundated for the greater part of the year, where poor soil quality restricts normal agricultural activities. However, some portion of that land is found to be cultivated, occasionally, as single crop.E.04 Project affected households: In the 165.5 acres only 11 households, amongst the 61 listed legal owners with the DC Feni, were found in the project surrounding locality. Among them 2 owners are deceased leaving behind 9 successors who have also been identified. Number of affected households identified in joint verification was thus only 18. The “census” was conducted by consultant engaged by Power Cell on behalf of EGCB on the 18 identified households. It was concluded that the exact numbers of owners, and their status/whereabouts, pertaining to the rest of the 61 recorded owners, cannot be determined at this stage (please refer to section 2.2 for details). The consultants were fielded several times to conduct surveys, interviews, distribute posters, hold information and consultation sessions to try and identify or gather any trace of those original land



recipients/owners, who no longer live in the area, but nothing much could be learnt about them. At the proposed project area (165.5 acres), twenty-two informal land user or sharecroppers have been initially identified, engaging in partial agricultural activities. EGCB is verifying this list again.E.05 EGCB will maintain communication with the DC office to stay abreast of whether claimants appear and verify whether they are deemed legal by the DC office and compensated by them. EGCB will update the Bank through quarterly report regarding RAP implementation and induction of any new claimants amongst the list of legal owners/compensated owners. This information will be provided during quarterly report.E.06 Consultation, Communication and Disclosure: Several rounds of consultations with affected populations, communities and project stakeholders were carried out by EGCB’s consultant at their convenient place through Public Consultation Meeting, Focus Group Discussion, and individual contact. DC has placed section 6 notices to all possible market places to identify to missing land owners. Moreover, EGCB has conducted several consultation meetings to identify the missing land owners as well.

EGCB will verify the initially identified sharecroppers (22) with the help of DC’s Office and will compensate them accordingly. The draft RAP with concurrence from the Bank will be disclosed in ECGB website. A final version of the RAP will be translated into Bengali and made available at Union Parishad and Upazila level for public access. Further, the RAP will also be disclosed at local level using appropriate method to make the affected people and other stakeholders aware of the project and the objectives and process of the RAP.

E.07 Legal and Policy Framework: The land proposed for the project has been acquired following the national law on land acquisition. The Acquisition and Requisition of Immovable Property Ordinance1982 (Ordinance-II of 1982) was the principle law governing land acquisition process in the country until 21 September 2017, which is now replaced by the Acquisition and Requisition of Immovable Property Act 2017 (Act 21 of 2017). The RAP has been prepared in accordance with the national law and the safeguard policy of the World Bank on Involuntary Resettlement (OP 4.12). E.08 Entitlement: The titled owners/lessees will receive compensation for their land as well as crops from the DC as per the national law on land acquisition. Since the compensation rate for land determined by the DC office is higher than the market value or replacement cost, no top-up payment will be required to be paid through EGCB for land related costs. WB OP 4.12 requires that the government determined rate or replacement cost as per market value, whichever is higher, will be applicable. All identified and verified sharecroppers, whether formal or informal will be compensated as per this RAP. Those project-affected share croppers which will face income loss due to project activities will receive cash compensation for income they will lose (for an agreed upon period deemed sufficient to restore their incomes), and livelihood restoration assistance in the form of training and information.



Among the identified project affected HHs, those which are identified as becoming extra vulnerable due to project impacts, are eligible for resettlement assistance in the form of one time grants. No common property resources are being affected by the project.The land in the proposed site is low land in nature. The productivity of the land is very low due to high salinity. Even the current market price (CMP) is assessed to be lower than the mouza rate established by the DC for the purposes of the acquisition. Therefore, no top-up payments will be necessary from EGCB for land compensation. E.09 There are 22 initially identified share-croppers in the 165.5 acres who are farming the land based on informal arrangements with the owners (these owners have not been validated by the DC yet). These are poor and vulnerable people who may suffer an immediate impact on their income source once their access to the land is closed off. EGCB will make the assessed payments to the share-croppers and include them in the livelihood restoration plan elaborated in this RAP, along with the other identified vulnerable households. No physical displacement will be incurred as the consequence of the project. Entitlements for project affected people (PAP) have been developed in compliance with national laws and the World Bank Operational Policy on Involuntary Resettlement (OP 4.12). Accordingly, the RAP has made provisions for livelihood assistance to the share-croppers and vulnerable affected households through training.E.10 Livelihood Restoration: According to census and socioeconomic survey out of 18 affected households, 14 households’ primary source of income comes from agricultural land outside the project area, which will not be affected. 11 out of the 18 households have been identified as vulnerable including one poor female headed household. Portion of their income comes from share-cropping land as their own land is not fertile. The affected persons raised the issue that they cultivate their land in very traditional way. During consultation, they requested to provide them training on smart harvesting system, cropping times, co-operative farming, high productive crops, etc. The poor and vulnerable affected households will be entitled for livelihood restoration development training on selected trade including vegetables cultivation, poultry rearing, cow-rearing, and the like. Moreover, if they are interested to work during construction period, they may be given priority based on skills and availability of suitable work. E.11 Budget for Land Acquisition and Resettlement and compensation Issues: EGCB Limited has paid to the DC, Feni, a total sum of BDT 1,003,779,716.59 (Bangladesh Taka One thousand three hundred Million, seven hundred seventy-nine Thousand and seven hundred sixteen and Paisa fifty-nine only) against the entire 999.65 acres of land for acquisition.. This includes the amount for land compensation of BDT 166,183,707.00m (One hundred sixty-six Million, one hundred eighty-three Thousand, seven hundred seven only), which EGCB has already paid to the DC office.It has been informed by the DC’s office that 267 out of the 327 (82%) identified legal owners have already been paid compensation. EGCB will confirm from the DC office how many of the 18 identified HHs on the 165.5 acres have been compensated, and/or what the status of their verification/compensation is. Similarly, EGCB will also report on the



status of the rest of the 61 recorded landowners pertaining to the 165.5 acres who have not yet been identified. EGCB will also report on the compensation status of the 22 identified sharecroppers (list with names and locality attached in Annex A3), who are being re-verified. EGCB will pay them compensation for income loss and induct them into a livelihood restoration training program regardless of whether they are formal or informal (please see section 2.5).E.12 Civil works can start once:

1) Each individual household among the 18 identified households has either (a) been found by the DC to have a valid claim and been compensated by the DC, or (b) their claim has been rejected by the DC. In the latter case the HH may access GRM or seek legal recourse. If the DC finds an owner to be eligible, but the latter cannot be traced (absentee) then the compensation amount will be kept in DC’s account for the remainder of the project, or until he/she is traced.

2) EGCB has compensated all 22 identified sharecroppers after re-validating them3) EGCB has paid vulnerability allowances to those identified in the RAP (11 HHs)4) EGCB has submitted a progress report to the Bank confirming points 1-3 above, and

the Bank has accepted it.E.13 The progress report will also include updates on the following:

1) Livelihood restoration training, offered to the 22 identified sharecroppers and the vulnerable households.

2) Status of any (a) new land compensation claimants (which may still be in the process of being validated by the DC), (b) any newly identified and EGCB verified sharecroppers or (c) newly identified and EGCB verified vulnerable households

E.14 Indigenous Population: No tribal people were found during census and consultations. World Bank OP 4.10, Indigenous People, is thus not triggered for the purposes of this component (although it is for the overall SREP project, which includes other components administered by other project agencies). E.15 Grievance Redress Mechanism: complaints and grievances may range from disputes over ownership and inheritance of the acquired lands to affected persons and assets missed by censuses; valuation of affected assets; compensation payment; and the like. Considering the need, EGCB will establish two-tier GRM procedure to answer to queries and address complaints and grievances about any irregularities in application of the guidelines adopted in this RAP for assessment and mitigation of social and environmental impacts. E.16 All resettlement-related grievances will be addressed at the local level by Grievance Redress Committees (GRCs). If any grievance is not resolved at GRC, the aggrieved person may request the Chair of GRC to forward the case to the PD at PMU, Dhaka. The GRC will officially forward the cases with their comments to the PD. If the grievances are not solved with PD, PD can forward the grievance to higher management of EGCB.



E.17 Implementation, monitoring and evaluation: The Social and Environmental Implementation Unit (SEIU) under EGCB will be responsible for monitoring the RAP implementation, and documenting progress and achievements on land acquisition compensation payment on a quarterly basis. EGCB will establish a monitoring protocol with the DC office for continuous monitoring of compensation payment. The Owner’s Engineer (OE) will assist the Project Management Unit (PMU) of EGCB in implementation of the RAP and following up land compensation process by the DC, Feni. SEIU will monitor the progress of RAP throughout the preparation, updating and implementation stages. SEIU will prepare quarterly progress report and submit to Project Director (PD) at PMU, who will review and determine whether resettlement goals have been achieved. The Owner’s Engineer will also carry out external monitoring and evaluation and submit quarterly report to the PD. The PD, PMU will prepare quarterly progress report and share with the World Bank.



Chapter 1: PROJECT DESCRIPTION

1.1 Background of the Project1. Electricity is the major source of power for most of the country's economic activities. Only about 88% of the population has access to electricity including about 13% from renewable energy. Total installed electricity generation capacity was 11,265 MW in January 2015. About 67% of generated power comes from natural gas and the rest is from liquid fuel, coal and hydropower. The present share of renewable energy is only 1.5% i.e. 130 MW through the solar home systems that reached 3.8 million rural households.

2. The Government of Bangladesh (GOB) has taken a systematic approach towards Renewable Energy (RE) development including relevant policy and institutional development. As per the National Renewable Energy Policy 2008, 2000 MW by 2020 from renewable sources. In continuation to this RE deployment in the country, “Power Cell”, under the Power Division of Ministry of Power, Energy, & Mineral Resources carried out a project “Feasibility Study for Development of Utility-Scale Solar PV and Wind Project Bangladesh” financed and supported by World Bank under the ongoing Rural Electrification and Renewable Energy Development II (RERED II). This project will meet the national renewable energy plan of Bangladesh as outlined in the National Renewable Energy Policy 2008 and will also serve a potential path to avail the RE benefits towards sustainable development of the country.

1.2 The Project3. In the course of promoting renewable energy development program, the Electricity Generation Company of Bangladesh Limited (EGCB) has identified a potential grid-connected renewable energy project at Sonagazi upazila of Feni district. The proposed project involves setting up of 50 MW ac solar power plants at Purbo Baro dhuli mauza in Char Chandia union of Sonagazi Upazila under Feni District. The proposed 50 MW solar power plant requires 165.5 acres of land. Power generated from the proposed 50 MWac power plant will be evacuated in the national grid through a 230kv transmission line to the Mirershorai BEZA substation. The World Bank is proposed to fund for the 50 MW solar.

1.3 Project Location4. The project site is located at Purbo Barodhuli mauza in Char Chandia union of Sonagazi Upazila under Feni District. The project site is single cropped low productivity land. The project site becomes inundated during the monsoon season for 4-5 month. Only aman rice is cultivated in the land and rest of the time is used as grazing land. The proposed project is situated about 6.5 km south-west as well as ends of the Sonagazi Upazila and 175 km south-east zero point of Dhaka city. The site is located north-west side of the confluence of Feni and Choto Feni River. The site is situated beside the left bank of the Choto Feni River, Sandwip channel on the south, agricultural land and village on the north, Feni River on the east and existing road on the west.



Figure 1-1: Location Map of the Proposed Project

1.4 Scope and Objective of the Resettlement Action Plan5. This RAP has been prepared to (i) identify and mitigate the impacts of the project; (ii) comply with the national laws and safeguard requirements of the World Bank for loan processing; and (c) ensure that appropriate measures are in place to make compensation to the households affected by the project intervention, and implement other mitigation measures as applicable. The RAP will put in place a monitoring system to ensure that those claimants who are eligible for compensation for land as verified by the DC Office, are compensated during the RAP implementation period. EGCB will confirm from the DC office the compensation status of the identified landowners on the 165.5 acres. The 18 HH are recorded (or are inheritors of) as legal owners from the DC’s list of 61 recorded owners on the 165.5 acres. EGCB will report on whether they have been verified and compensated (since the DC has confirmed that 89% of the compensation for the 999.8 acres has been done). The detailed status of the aforementioned land owners, as well as the sharecroppers (under final verification by EGCB) will be submitted in the Quarterly Progress Reports.

6. The RAP includes a plan for adequate mitigation measures and provision of resettlement and rehabilitation assistance to those affected. These include (i) preference



of employment from local communities, specifically women, who are willing to work in project site (ii) income/livelihood restoration plan; and (iii) provision for implementation framework, monitoring and evaluation.

1.5 Methodology for Preparing the Resettlement Action Plan7. Power Cell under the Power Division of the Ministry of Power, Energy and Mineral Resources has prepared this Resettlement Action Plan (RAP) for EGCB in connection with land acquisition and resettlement of project affected persons for the 50 MW ac Solar Power Plant. Power Cell had engaged a consultant company for necessary legal and policy review, data collection, surveys, and consultation and preparation of the RAP. The consultant carried out a census and inventory of loss (IOL) survey in the proposed 165.5 acres of land for the solar power plant. The census survey (CS) and IOL survey was done in conjunction with stakeholder consultations, focused group discussion and a property valuation survey.

8. The census and socioeconomic survey was carried out to establish a detailed inventory of the affected households, identify the landowners, and physical assets to be affected by the project and develop a socioeconomic profile of the affected households (affected households) and physically displaced persons. Identified impacts include loss of agricultural land, loss of crops, and loss of livelihoods. The surveys also serve as a benchmark for monitoring and evaluation.

1.6 Approval and Disclosure of the RAP9. EGCB has prepared the Resettlement Action Plan (RAP) and agreed with the World Bank for implementation under the project. EGCB will share the draft RAP with the World Bank for review and clearance before appraisal of the project. The draft RAP with concurrence from the Bank will be disclosed in ECGB website. A final version of the RAP will be translated into Bengali and made available at Union Parishad and Upazila level for public access. Further, the RAP will also be disclosed at local level using appropriate method to make the affected people and other stakeholders aware of the project and the objectives and process of the RAP.



Chapter 2: LAND ACQUISITION AND RESETTLEMENT IMPACT

2.1 Land Acquisition and Project Impact10. This chapter focuses on project impacts-loss of land, loss of crops and livelihood, Impact on share-croppers and vulnerable HHs. The project impacts have been identified based on the field survey data (January 2018) for all type of losses including land and crops, etc. The proposed 50 MW solar power project requires 165.5 acres of land. EGCB has acquired 999.65 acres of land in Purbo Borodholi mouza in Char Chandia of Sonagazi Upazila under Feni District. The land was acquired through the Deputy Commissioner’s (DC) office of Feni District (DC, Feni), which includes the 165.5 acres required by the project. The land was handed over to EGCB on the 3rdAugust 2017 and subsequently that was notified in gazette. The land required for the proposed project (165.5acres) comprises two plots (daag). Acquired land for the project component is presented Table 1-1:

Table 1-1: Quantum of Acquired Land for 50MW Solar Power PlantDistrict

Upazial Mouza Number of Sub Plot

Quantum of Land

Feni Sonagazi

Purbo Borodhuli

139 165.5 acres

Source: DC Office, Feni District 11. The project was conceptualized in 2016 and discussions between the World Bank and EGCB had started then regarding the land related social impacts. During the initial screening itself, therefore, it was apparent that a Resettlement Action Plan (RAP) would be required to be prepared, and implemented according to the national law and World Bank Operational Policy Involuntary Resettlement (OP 4.12).

12. The DC, Feni issued notice under section 3 on the 7th of January 2016 and the gazette notification has been published in September 2017 confirming transfer of land ownership to EGCB. According to the demarcated mouza map, the consultant deployed to carry out the field surveys and prepare this RAP, found 139 sub-plots, which comprise the 165.5 acres proposed to be used for the project with World Bank financing. Records available with the Deputy Commissioner’s Office provides a list of 61 eligible owners pertaining to the two “daags”, which accounts for 81.4 acres. EGCB identified 18 owners/lessees during onsite joint verification. The consultant could track only 11 land owners in the surrounding villages out of the 61 listed owners and among them 2 are deceased leaving 9 successors, who are currently not in possession of mutation papers.

13. The reason for the low number of people identified may be manifold, for example: records are very old and difficult to verify, some people have not responded to notice 3 and are yet to come forward with their claims, papers presented may not be accurate. Some of the lands in question had been distributed to landless people under a government sponsored program from the 1970s onwards. Specific terms and conditions applied to the arrangements under which these were transferred, one being that they



could not be sold (though they could be inherited) and or the usage cannot be changed (some portion could be used for housing). However, given the poor quality of the soil, frequent flooding and low agricultural yield, most of the original owners moved away in search of better opportunities giving possession to others. The new “owners” may not be validated by the DC office and that may explain the low numbers of people bringing forward claims.

14. EGCB has deposited BDT 1,003,779,716.59 to DC office in Feni for the entire amount of 999.65 acres’ land including the 165.5 acres’ land required for the World Bank funded project. Although the acquisition was sanctioned under The Acquisition and Requisition of Immovable Property Ordinance II (1982), the mouza rate or compensation rate fixed for the acquired plots has been analyzed and verified to be three times that of the open market or “replacement value”. Therefore, the mouza rate (which is higher than the replacement value required under the Bank policy) will be treated as compensation rate for purposes of implementing this RAP; no top-ups will be required for land compensation. The DC office has started distributing the claimants once they arrive with legally valid documents. Given the situations of informal land transaction and unavailability of the original owners/lessees, this identification of valid owners/lessees and payment may be a lengthy and complex process. Hence EGCB will submit status update through Quarterly Progress Reports.

15. There are no structures on the plots. All the identified 18 affected HHs s are residing outside the project area. Among them, 17 HHs are residing on their own residential land and only one HH is residing as squatter (uthuli); this is a female headed household and hence is doubly vulnerable. Compensation for crops for 22 identified share-croppers has been assessed and is included in this RAP. Assessment for vulnerable people (amongst the 18 identified owners and successors), including women headed households, elderly and extreme poor has also been done and appropriate mitigation measures included. No trees or common property resources are found in the plots. There are no indigenous/tribal people in or around the project area.

Table 1-2: Significance of Project ImpactType of Loss

Nature and scope of impacts

Level of impacts Mitigation and enhancements

Land 165.5 acres’land will be affected, where 100% are low productivity (partially single crop) agricultural which is inundated for

The owners have lost ownership of their lands, since acquisition has already taken place, but compensation payment is under process. Once the DC pays the compensation, it will be enough to buy productive lands where available.

The DC has determined 1.5 times of current mouza rate which is almost three times of current market price, as the compensation for the acquired land. As per law, the DC must pay compensation for the land as well as standing crops



Type of Loss

Nature and scope of impacts

Level of impacts Mitigation and enhancements

most part of the year

Livelihood impact from cultivating their own lands is low as the yield is poor.

to owners. EGCB will closely coordinate with DC office to facilitate payment to all valid owners. Progress reports on compensation status of identified owners and sharecroppers, as mentioned in above sections, will be submitted.

Relocation of Residential households

No households will be physically displaced.

No impact. There are no residential or commercial structures in the project site.

No action.

Common Property Resources (CPR)

No CPR will be affected

No impact N/A

Trees No trees will be affected

No impact Trees will be planted during operational stages.

Income and Livelihood

Agricultural land owners and sharecroppers will be affected

Moderate impact due to income level from the affected land.

22 sharecroppers will receive compensation for income loss as assessed in the RAP and livelihood restoration training on productivity of crops.

Gender and vulnerability

Women in affected households, very poor and female headed affected households may bear impacts different, and sometimes disproportionately more, than others.

Severe for women headed household

Vulnerable households will receive one time grant and priority in livelihood development training and project civil works



2.2 Ownership Status of the now Acquired Land16. The land acquisition has been completed and D.C Feni has handed over 999.65. acres (including the 165.5 acres required by the 50 MW ac Solar Project) to EGCB on the 03rd August 2017. Subsequently, gazette notification has also been completed in favor of EGCB in October 2017. There are 139 sub plots that lie within the 165.5 acres of acquired land. Joint verification survey of DC for 165.5 acres’ land has been completed but only 61 owners were found in the record of DC’s office. These 61 owners own 71 sub-plots which means some of the owners are occupying more than one sub-plot. Records for the rest of sub plots owners could not be found. Moreover, among the 61 owners most of the owners were not identified or found during the joint verification survey by DC and census survey by the consultant. DC has placed section 6 notices to all possible market places to identify to missing land owners. Moreover, EGCB’s consultant has conducted several consultation meetings to identify the missing land owners as well.

17. After intensive field surveys and consultations only 18 households including 9 successors (the latter do not have mutation papers yet, but were in the process of getting them) were found in the areas surrounding the project site. It was also learned that most of the original land receivers have left the locality long ago. Some reasons for their departure from the area have been identified during FGDs and public consultation:

• The acquired land is single cropped low land. Productivity of this land is very low due to high salinity. The low agricultural yield and income derived from it may not have been sufficient for the landless people for livelihood purposes throughout the whole year. Therefore, for better livelihood outcomes they might have migrated to nearest cities by leaving/selling the allotted land.

• There is a provision in Khasland settlement policy that if there are no landless people in the selected Union, then such people from adjacent Unions may avail of the allocation. Similar cases may have happened in this area.

• Low productivity, high transportation cost etc. are contributing factors which might have discouraged the land receivers to keep and utilize the lands for agricultural purposes. Rather they might have found it more economically gainful to sell it to local people, get up-front money to fulfill their immediate economic needs, and move. This could be a key reason why most of the original land receivers could not be found.

2.3 Absentee land owners/lessees18. The Deputy Commissioner of Feni District, responsible for acquisition of the land for EGCB, has managed to have title records of only 61 owners/lessees that covers 81.4 acres of land out of the 165.5 acres proposed for the 50 MW ac Solar Power Plant with financing from the World Bank. As of preparing this RAP, out of 61 recorded landowners, only 9 owners were identified, as well as 9 successors of two deceased owners. They will submit the relevant papers to the DC office, EGCB will facilitate the process whenever and whoever necessary. DC will verify all the documents. If the DC is satisfied with the documents produced by the affected land owners/lessees, DC will pay compensation to



them. If DC is not satisfied, he will give his final decision. The SEIU in EGCB will record and document all this procedure and share with World Bank periodically. Same procedures will be followed to identify the owners of remaining 84.1 acres of land as and when they turn up. EGCB will closely follow up with the DC office on the payment process.

2.4 Affected Standing Crops19. DC will pay to the land owners for the standing crops. EGCB will verify whether the identified land owners, within the 165.5 acres of land proposed for the project, have received compensation for lands or crops. Some of the owners recorded in joint verification, have placed their claims to the DC, Feni. Those applications are under verification and validation in the DC office. Once the compensation for land is paid by DC, compensation for crops will also be paid, in cases where standing crops were recorded on the lands during joint verification.

2.5 Affected Sharecroppers20. All of the twenty-two (22) sharecroppers who have been identified during census and socioeconomic survey in January 2018 by EGCB’s consultant will be compensated as per the RAP by EGCB.

2.6 Claimants of Land for Compensation21. Understanding of the compensation payment by the DC, Feni to the affected land owners, the potential claimants will approach the Land Acquisition Section (LA Section) of the DC Office in Feni with available ownership documents. The LA Section will verify and validate the documents in favor of the claims to understand the validity of the ownership/legal lease right. Claimants with valid and complete documents, will be paid by the DC, Feni.

22. Those who will fail to establish their ownership/legal lease right to the DC, may approach the SEIU of EGCB, if they have claims for loss of standing crops with evidences. The claims will be placed with the local GRM for review, verification and validation. If the claim is proved to be valid, the LVC will undertake assessment of the loss and determine compensation for loss of standing crops.

Chapter 3: SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLD

3.1 Census and Data Collection23. The PowerCell appointed and engaged the EQMS Consulting Ltd. to conduct census, IOL, SES, FGD, consultations with the APs and prepare RAP for the project affected area. The impact assessment was carried out both at household and community levels using the qualitative and quantitative method. The project impacts have been assessed based on a Census Survey conducted in the project areas and surrounding villages (since no one lives on the acquired site). The Census and IOL survey were conducted in January 2018.



24. One set of pre-tested questionnaire was used to collect information from affected (a) heads of households; establish Inventory of Losses (IOL). The census established an inventory of losses (IOL), a wide range of demographic and socioeconomic data of the affected households. The database has been used for preparing the RAP. Some of the key findings are presented in the next section.

3.2 Socioeconomic Profile of the Affected Households-An Overview25. Only 11 households among 61listed down legal owners were found in the project surrounding locality. Among them 2 owners are deceased, leaving behind 9 successors who have also been identified. Legally, successors have the right of land ownership to the lands left behind by their kin. The census was carried out among these 18 households. Owners/claimants pertaining to the remaining plots could not be found in the villages and surrounding areas.

26. According to the census, a total of 103 people amongst the identified land-owning households will be affected by the project. The survey indicates that the average household size 5.72 which significantly larger than national household average of 4.41. In addition, there are 22 sharecropping households affected by the acquisition.

Table 2-1: General/Demographic Profile of Affected Population Profile Number Number of total identified affected Households 18 Number of total Population 103 Average affected households Size 5.72

Source: EQMS Survey, January 2018 27. The affected populations comprised of 57.28% males and 42.72% females. The demographic profile of the affected populations has been analyzed as a part of the socio-economic profile of the populations of project first phase (50MW solar power plant). This comprises of gender profile and age-sex distribution of the project affected households. Majority of populations (60.88%) belong to productive age (15-59 years) and 30.10%) are children and adolescent (0-14 years). About 18.44% (60 to 70+years) were found elderly. Below Table depicted demographic information of project area in terms of age, male-female comparison.

Table 2-2: Age and Sex Distribution of Affected Populations

Age Group

Gender

TotalMale Female N % N % N %

0-4 5 4.85 5 4.85 10 9.71 5-9 7 6.80 2 1.94 9 8.74 10-14 7 6.80 5 4.85 12 11.65

1Socio-economic and demographic report, BBS-2011, Bangladesh



15-19 2 1.94 6 5.83 8 7.77 20-24 7 6.80 5 4.85 12 11.65 25-29 5 4.85 3 2.91 8 7.77 30-34 5 4.85 4 3.88 9 8.74 35-39 2 1.94 4 3.88 6 5.83 40-44 2 1.94 5 4.85 7 6.80 45-49 3 2.91 0 0.00 3 2.91 50-54 6 5.83 2 1.94 8 7.77 55-59 1 0.97 1 0.97 2 1.94 60-64 2 1.94 2 1.94 4 3.88 65-69 5 4.85 0 0.00 5 4.85 70+ 5 4.85 5 4.85 10 9.71 TOTAL 59 57.28 44 42.72 103 100.00

Source: EQMS Survey, January 2018 According to the census and SES findings, the most affected occupation in the area identified is agriculture. According to the census and SES, 77.78% project affected people are engaged with agricultural activities. Three affected households are working abroad and send remittance to their family each month. Only one AH was found to be headed by an elderly person; one is a female headed household where the woman does not own any land outside of the acquired project site and lives in the village as a squatter. From Table 2-3 below presented complete occupational scenario of affected households. Table 2-3: Occupational distribution of the Affected HHs

OccupationMale Female Total

N % N % N %

Agriculture 14 77.78 0 0 14 77.78

Immigrant 3 16.67 0 0 3 16.67 Retired (Elderly Person) 1 5.56 0 0 1 5.56

18 100.00 0 0 18 100.00 Source: EQMS Survey, January 2018

28. Based on the census and SES survey, it was found that, majority of the project affected people belong to Muslim religion (57.28%), and 4 households were identified as Hindu with populations of 44 (42.72%). It is to be noted that HH size among the Hindu religion is quite high which is 11. No other religion, ethnic and indigenous populations was found in the project area.

Table 2-5: Population by Religion

SL no. Religion No. HH Population Total Population



Male Female

N %

1 Muslim 14 41 18 59 57.28 2 Hindu 4 31 13 44 42.72 Total 18 72 31 103 100.00

Source: EQMS Survey, January 201829. Annual income of the AHHs has been shown in 05 income categories. The 1st income category is up to BDT 144000/year pertaining to the income vulnerability. Income vulnerability has been assessed on the basis of HIES 2010, BBS; after adjusting the value with inflation rate. Among the 18 affected households, a total of 11 affected households (61.1%) have come into the vulnerable group. Census survey indicates that majority of affected households lying in low income group as the project location is not developed as industrial or commercial zone, and although people rely on agriculture as their main income source, the land is not productive in that respect.



Table 2-6: Annual Income of Affected HHs

Level of Income (BDT) Number Percentage (%)

Up to 144000 11 61.1 145000-194000 1 5.6 195000-244000 2 11.1 245000-294000 3 16.7 295000-344000 1 5.6 Total 18 100.0

Source: EQMS Survey, January 2018 30. Survey data shows that 100% affected households have access to safe drinking water from tube-well. All affected households use tube-well and pond water for cooking. 17 affected households depends on tube-well for bathing and washing. Below Figure presented water consumption status of affected households.

Figure 2-1: Access to Water

Source: EQMS Survey, January 2018 31. Survey findings presented a disappointed scenario in terms of access to sanitation facilities. Only 8 affected households have Pit-Latrine and 10 affected households are using kutcha latrine which is not Hygienic and environment friendly. Figure below depicted the present situation of the APs in terms of access to sanitation facility.



Figure 2-2: Access to Sanitation

Source: EQMS Survey, January 2018 32. According to the survey findings, cent percent affected households are dependent on firewood/cow dung cake as fuel source for cooking. A total of 17 Affected Households have electricity connection with National Power Grid for lighting their houses and other purposes while only 1 AHH depends on kerosene/diesel for their household.

Table 2-7: Fuel Source of HH for cooking

SL No.

Sources of Fuel for Cooking

No. HH

Sources of Fuel/Power for HHs Lightening

No. of HH

1 Gas 0 Electricity 17 2 Wood/Cow dung Cake 18 Solar Energy 0 3 Kerosene/Diesel 0 Kerosene/Diesel 1 4 BIO Gas 0 0

Total 18 18

Source: EQMS Survey, January 2018 33. According census and SES, one AH was identified as landless (mentioned above). More than 50% of surveyed households have land up to 0.20 acres including homestead, outside of the acquired project site. The rest own enough land for homesteads, also outside the acquired site. This means they will not be rendered landless due to project intervention. Below Table depicts land ownership by affected households and land ownership status outside the project area.



Table 2-8: Ownership of Land by AH outside of the Project Location

Sl. No. Land Amount (own land) No. of AH %

1 Land Less 1 5.56 2 Up to 0.05 Acre 2 11.11 3 0.06 to 0.20 Acre 7 38.89 4 0.21 to 0.35Acre 6 33.33 5 0.36 to .50 Acre 1 5.56 6 0.51 acres to Above 1 5.56 Total 18 100.00

Source: EQMS Survey, January 2018



Chapter 4: CONSULTATIONS, PARTICIPATION AND DISCLOSURE

4.1 Introduction34. Consultation is a process through which stakeholders could participate in project planning and implementation. Public consultation and disclosure are very crucial for success of any development or infrastructures project. Through the consultation process, affected communities can raise their voices about project, its impact, compensation policy and participate in project design and impacts mitigation planning. Basically, consultation is the beginning of all resettlement related activities. Experience indicates that involuntary resettlement generally gives rise to severe problems for the affected population making them apprehensive to the project. These problems could be addressed if, affected community properly informed and consulted about the project. Consultation ensures community participation and allows affected community to make suitable choices and preferences. Peoples or community participation through consultation process does establish transparency in project planning and implementation. Consultation is a two-way process where the executing agency, beneficiaries and affected persons discuss and share their concerns in a project process.

35. World Bank safeguard policies give high priority on public consultation and participation to enhance the community voice and assure incorporation of community’s views in design and implementation of a socially and environmentally compliant project.

4.2 Classification of Project Stakeholders36. The project involves multiple stakeholders. Stakeholders involved with the project are presented in below Table:

Table 3-1: Classification of Stakeholders Type of

Stakeholders Stakeholders profile

Primary Stakeholder

Project affected populations/community, beneficiaries around the project site and persons affected due to involuntary displacement in the project area.

Secondary Stakeholder

EGCB-the Project owner, Deputy Commissioners (DCs) and their supporting agencies, Local Government Agencies, Project Consultants, Contractors, Non-Government Organization (NGOs) and Civil Society Organizations (CSOs)

4.3 Consultation Process37. Several rounds of consultations with affected populations, communities and project stakeholders were carried out at their convenient place through Public Consultation Meeting, Focus Group Discussion, and individual contact. Descriptions of project



intervention and potential risks/impacts were disseminated, and feedback sought to avoid, minimize potential impacts, as well as to try and identify remaining owners. All the meeting minutes were properly taken and systematically analyzed. As some of the affected land owners/lessees are un-identified, EGCB will continue consultation with the community people and affected persons about the project objectives, impacts, benefits and entitlement, with a special focus on trying to identify remaining owners through them. They will be informed about project Grievance Redressed Mechanism so that the community can suggest design of the mechanism relevant to accessibility and operation project can involve community people and PAPs with the project.

4.3.1. Public Consultation Meeting38. The main Consultation meeting was held on 22nd January 2018 at Char Chandia Union Parishad. Participants were requested to join during meeting through door to door invitation. Affected persons, local community and relevant stakeholders including both govt. and private sector representatives participated in this Public Consultation Meeting. The proceedings commenced at 11:00 am. The meeting was attended by a total of 22 people. The list of participants from these groups has been presented and attendance sheet has been provided as Annex A 5. Public Consultation meeting minutes has been given in Table 3-2.

Table 3-2: Brief overview of the Public Consultation MeetingIssues Concerns Responses of the Resettlement Specialist

Compensation for affected properties, share-croppers

1. What will be the mode of compensation?

According to the harmonized policy of this project, compensation will be paid by DC in case of titled holder. As the current market price of the affected land in lower than the mouza rate, no additional compensation will be paid by EGCB. Identified sharecroppers will be compensated by EGCB for income loss. Vulnerable HHs, share-croppers will be provided training for livelihood restoration.

2. How much compensation shall we get for agricultural land?

2. Current mouza price or replacement value whichever is higher will be paid for land. In this case the DC has determined the rate for acquired land higher than the open market value. Hence the DC’s rate will prevail for compensating for land.

3. Will we receive compensation for the crops?

3. Yes, compensation for the crops will be paid off according to the current market price. The DC will pay owners for standing crops as part of the compensation for land (as per law), and EGCB will compensate the sharecroppers.

4. Will share-croppers receive any compensation?

4. sharecroppers will receive compensation. List of (22 share-croppers) all the share-croppers is recorded during census survey. EGCB will compensate the sharecroppers.



Issues Concerns Responses of the Resettlement Specialist

5. Does project provide free land for the affected people?

5. Project will not provide any land.

Procedure of GRM

6. If someone wants to complain, where can they complain?

6. Two tier GR committee will be established by EGCB. Local level GRM will be constituted with the local level stakeholders, including a representative from the PAPs community. Local committee will work closely to redress all kinds of grievances. When any land user, in absence of legal ownership, feels to address grievances, s/he can do so. GRC will take necessary actions to redress the addressed grievances.

Job Opportunity

7. Will there be any job opportunities for the PAPs and the community people?

7. EGCB may request EPC contractors to give priority to recruit from local community commensurate with skill requirements and availability of such skills within the community. Women will also be given special consideration.

Compensation for the Successors

8.Khasland was distributed to landless peoples. In some cases, both husband and wife were allotted jointly. If the allotted person has died, will his/her successors get the compensation money?

8. All the successors will be compensated if they can provide legal documents. Successors can apply for the DC’s compensation with succession certificate.

39. In addition to the above-mentioned consultation, several rounds of consultations were held during field visits where the Bank representatives also participated. There were consultation meetings held at the DC office to understand the acquisition procedure.

4.3.2. Focus Group Discussion40. The affected persons including sharecroppers and local community were consulted through FGD regarding the project goal and objective, potential social and other impacts on them and their suggestions about mitigating measures. The discussions were held with special focus on the type of their losses. The affected people, community were brought together in groups based on homogeneity. Women engagement on economic activities is very limited, and they are mostly engaged in household work. It is the men who usually make decision on land purchase and selling activities. Thus, after a series of invitation for FGDs, no women wanted to participate in the FGD meetings. But they have participated



during census and IOL survey. At that time women were informed about the project objectives, impacts and benefits. As per Table below, the consultant sought the opinion of the affected people about potential adverse impacts and their suggested mitigation measures.

41. A total of 5 FGD’s were conducted with land owners, share croppers. FGD’s were conducted in five locations mainly Char Darbesh, Purbo Borodhuli, Modinar Bazar, Char Chandia bazar, Char Ganesh. As similar types of concerns were raised in the FGDs, a summary of the meetings are given below: Table 3-3:

Table 3-3: Summary of Focus Group Discussion FGD Group Issues/

concerns Suggestions by APs/sharecroppers

Response from the project team

Sharecroppers

Compensation amount, date of compensation, impact on their livelihood etc.

All the sharecroppers suggested that they should have given sufficient time to cut off their crops. Most of them do not have any legal contracts with the owners of land. But local people will recognize them as share croppers. They should have given compensation from the project. If they receive compensation from the project, they will be able to restore their livelihood investing the money and buying enough time to transfer to other owner’s land for sharecropping.

All share croppers whether formal or informal will receive compensation from EGCB during project period. In addition they will be included in the livelihood restoration program. The livelihood restoration program will include training on modern harvesting techniques, crop scheduling data, co-operative farming, high yield crops etc. Moreover, during construction, if there are available job opportunities, sharecroppers and vulnerable persons from affected HHs will be given priority based on their suitability for available jobs.

4.3.3. Consultation with Women42. Consultation with all categories of affected population is prerequisite for any successful RAP study. Women signify almost half of the total studied population, but usually women of this area have very limited access or engagement on economic activities. Rather they are engaged in household works. Several times women were invited for the separate consultation but no participation could be managed. However, informal discussions with women of the affected households, was conducted individually and asked to know their views about the project impact and benefits. Consultants described them about the land acquisition procedure and compensation policies of both government and World Bank. They were concerned that land acquisition will cause land



loss of their households and consequently yearly food supply will be hampered. However, they want appropriate compensation for land acquisition as they can restore their livelihood after that.

4.4 Attitudes toward the Project43. The affected households and adjacent communities were positive in their attitude to solar power plant project, and clearly understood the importance of the development of the power plant. They also see the benefits of the project in terms of, increased value of residual land, and opportunities for new businesses, employment and local development, including tourism. Finally, the affected households are also of the view that they will have a much-improved living environment in the project surrounding sites with better civic amenities.



Chapter 5: LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS

5.1 GOB Laws on Land Acquisition44. The principal legal instrument governing land acquisition in Bangladesh was The Acquisition and Requisition of Immovable Property Ordinance II (1982) and subsequent amendments of the Ordinance II (1989, 1993, and 1994) until September 20, 2017. This has been replaced by a new law titled “The Acquisition and Requisition of Immovable Property Act 2017 (Act 21 of 2017) with effect from September 21, 2017. However, since the land acquisition for this project was carried out before the new law became applicable, and the discussion will be limited to the old law for the purposes of this RAP.

45. The 1982 Ordinance requires that compensation be paid for (i) land and assets permanently acquired (including houses, trees, and standing crops,); and (ii) any other impacts caused by such acquisition. The Deputy Commissioner (DC) determines (i) market value of acquired assets on the date of notice of acquisition (based on the registered value of similar property bought and/or sold in the area over the preceding 12 months); and (ii) 50% premium on the assessed value (other than crops) due to compulsory acquisition.

46. The DC determines the mouza rate based on the basis of last 12 months’ transaction. The DC then adds 50% premium of the assessed value for cash compensation under law (CCL) of all acquired assets except standing crops due to compulsory acquisition. However, as the affected agricultural land in this project has very low productivity and on a portion of land only one crop can be cultivated whole year, the current market price of the affected land is much lower than the CCL determined by the DC. If land acquired has standing crops cultivated by tenant (sharecroppers) under a legally constituted written agreement, the law requires that part of the compensation money be paid in cash to the tenants as per the agreement. There is no places of worship, graveyard and cremation grounds at the acquired land.

47. The Ordinance does not deal with social and economic impacts as a consequence of land acquisition. For instance, the Ordinance does not cover project-affected persons without titles such as informal settler (squatters), occupiers, and informal tenants and lease-holders (without registration document). Further, the Ordinance has no provision for resettlement of affected households and businesses or any assistance for restoration of livelihoods of the affected persons.

5.2 The World Bank Safeguard Policy on Involuntary Resettlement48. EGCB has proposed the project for financing from the World Bank. It has already acquired 165.5 acres of land for project purposes. The World Bank operational policy on Involuntary Resettlement (OP/BP 4.12) will be followed for this project. World Bank OP 4.12 requires that all the economic, social impacts including that of physical/economic displacements emanating from project interventions, will be identified, avoided, and



where the latter is not feasible, minimized and mitigated. The overall objectives of the policy of involuntary resettlement are the following:

Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.

Where resettlement cannot be avoided; measures should be conceived and implemented to enable the displaced persons to share in project benefits.

Affected persons should be meaningfully consulted and should be given opportunities to participate in planning and implementing resettlement programs.

Affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-project levels or to levels prior to the beginning of project implementation.

49. The World Bank OP 4.12 on Involuntary Resettlement requires that the following measures are taken to achieve the above objectives:

a. The resettlement plan includes measures to ensure that the displaced persons are I. informed about their options and rights pertaining to resettlement; II. consulted on, offered choices among, and provided with technically and

economically feasible resettlement alternatives; and III. provided prompt and effective compensation at full replacement cost

for losses of assets attributable directly to the project. b. If the impacts include physical relocation (Not applicable for this project), the

resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are

I. provided assistance (such as moving allowances) during relocation; and II. provided with residential housing, or housing sites, or, as required,

agricultural sites for which a combination of productive potential, convenient relocation sites, and other factors is at least equivalent to the advantages of the old site.

c. Where necessary to achieve the objectives of the policy, the resettlement plan also include measures to ensure that displaced persons are

I. offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and

II. provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities.



50. Importantly, the Bank policy does not bar compensation and assistance to the displaced persons under the resettlement plan in absence of their legal title to land. The non-titled rights may come from continued possession of public land where the government has not sought eviction or from customary and traditional law and usage.

5.3 Project’s Social Management and Resettlement Policy51. Since the 1982 Ordinance falls short of the requirements of the WB safeguard policies, the ARIPO 1982 will be the instrument for acquisition of land and the World Bank OP 4.12 will be the basis to implement impact mitigation measures. The project resettlement policy has also been benefited from the experience in resettlement of similar other projects within other infrastructure agencies of the Government of Bangladesh. In keeping with OP 4.12, EGCB will use the following principles and guidelines.

5.3.1. Policy Principles52. As DC has already acquired land and handed over to EGCB, and given that many of the recorded and likely other owners/lessees are not turning up to claim compensation to the DC, EGCB will undertake the following principles to minimize, mitigate and compensate adverse impacts on affected persons and their community:

I. Closely coordinate with the DC office regarding compensation payment, of valid owners/lessees for payment;

II. Assist the affected sharecroppers with compensation and livelihood support under the project;

III. Extend special assistance to women, female headed and very poor affected households in the livelihood changes process;

IV. Compensate and assist the sharecroppers and vulnerable households and undertake livelihoods training under the project; and

V. Establish a close monitoring and reporting system on the land and sharecroppers for compensation payment and update all concern including the World Bank after taking information from DC office.

VI. Civil works can start once: Each individual household among the 18 identified households has either (a) been

found by the DC to have a valid claim and been compensated by the DC, or (b) their claim has been rejected by the DC. In the latter case the HH may access GRM or take the case to court. If the DC finds an owner to be eligible, but the latter cannot be traced (absentee) then the compensation amount will be kept in DC’s account for the remainder of the project, or until he/she is traced.

EGCB has compensated all 22 identified sharecroppers after re-validating them EGCB has paid vulnerability allowances to those identified in the RAP (11 HHs) EGCB has submitted a progress report to the Bank confirming points 1-3 above,

and the Bank has accepted it.



VII. The progress report will also include updates on the following: Livelihood restoration training, offered to the 22 identified sharecroppers and the

vulnerable households. Status of any (a) new land compensation claimants (which may still be in the

process of being validated by the DC), (b) any newly identified and EGCB verified sharecroppers or (c) newly identified and EGCB verified vulnerable households

5.3.2. Compensation Principles and Standards53. The following principles and standards will be used to determine compensation and assistance for persons/households:

I. As compensation determined for land by DC is higher than the replacement cost (current market price plus transaction cost for replacement land purchase), the DC will pay the compensation under law to the legal owners/lessees.

II. Current market prices of crops in the field, if the lands are taken over before harvest.

III. EGCB will pay compensation to identified sharecroppers for crop and income losses.

IV. EGCB will provide livelihood restoration training and grant support to all identified poor and vulnerable households as per the RAP.

5.3.3. Eligibility Cut-Off Dates54. Eligibility to receive compensation and resettlement assistance will be limited by cut-off date. The cut-off date for compensation (as per Ordinance II of 1982) and resettlement assistance under this project is considered for those identified on the project right of way land proposed for acquisition at the time of service of notice under section 3 or joint verification by DCs whichever is earlier. The DC office issued section 3 notice on the 7th January 2016, which will be considered as cut-off date for this RAP.

Any persons moving into the project area after the cut-off dates will not be entitled for compensation from DCs or any assistance from EGCB. However, any PAPs not covered in the enumerations before the cut-off date can be enlisted with sufficient proof and approval from the GRCs.

5.4. Valuation of Acquired Land55. The Deputy Commissioner, under the Ordinance II of 1982 applicable to this project, determined (i) market price of acquired land and assets on the date of notice of acquisition (based on the registered value of the similar property bought and/or sold in the area over the preceding 12 months) and (ii) 50% premium on the assessed value



(other than crops) due to compulsory acquisition. The DC payment or “award” to owners is commonly called Cash Compensation under Law (CCL).

56. EGCB’s consultants has identified the current market price of the affected land. They have interviewed local knowledgeable persons, land buyers and sellers to understand the current market price of the similar types of land. During the consultation meetings with the affected households, the current market price of the land is also recorded. In all cases, maximum price of the land reported to 3 to 3.5 lakh/acre, which is almost 3 times lower than the DC’s CCL value. As the CCL is higher than the current market price, according to OP 4.12, the CCL will prevail as the compensation rate for land. No additional compensation for land will need to be paid by EGCB.

5.5 Eligibility and Entitlement Matrix57. All PAPs irrespective of their title to land will be entitled to compensation and assistance based on loss and impact categories identified through census and socioeconomic survey in respect of the policy guidelines adopted for the project. Nevertheless, eligibility to receive compensation and other assistance will be limited by the cut-off date. The absence of legal title will not bar PAPs from compensation and assistance, as specified in the entitlement matrices. Those without title to land, but identified by the consultant as sharecropper will be compensated for income losses.

58. PAPs with titles will receive CCL (no top-ups are required as the CCL is higher than the assessed replacement value for the acquired land), sharecroppers with informal arrangements, identified by census will receive cash entitlements under the RAP for livelihood losses and other vulnerability assistance. Vulnerable PAPs will qualify for additional assistance to facilitate them restore their livelihood status.

5.6 Compensation and Entitlements59. Entitlement Matrix for each category of impacts has been prepared for the project on the basis of resettlement policy adopted for this project. The entitlement matrices identify the categories of impact based on the census and show the entitlements for each type of loss following this policy framework. The following table represents compensation and entitlement matrices for various categories of impacts assessed. The land acquired is entirely low-lying agricultural land in two major plots with subplots understandably under individual allotment. A person could be eligible for compensation/entitlement in more than one category of impacts.

60. Based on the principles proposed for impact mitigation, the following matrixes define the specific entitlements for different types of losses, PAPs, and the institutional responsibility to implement them.



Table 5-2: Entitlement Matrix for the 50MW Solar Power PlantPersons Entitled Entitlements Application

Guidelines Additional Services

Legal owner/ titleholders as identified by Deputy Commissioner (DC) in the process of CCL payment.

• Cash Compensation under Law (CCL) to be paid by DC.

• EGCB has deposited required funds to the DC’s account.

• DC is in the process of paying CCL for the land which includes compensation for standing crops.

• The cultivators will be notified before construction work and allowed to take the standing crops free of cost.

• Additional assistance (Top up value) to make up for replacement value will not be required as the DC’s rate is found to be higher than the replacement cost of land.

• Identified affected persons, if interested, will get preference in employment in project civil works.

Claimant of land ownership without any legal papers

• Existing papers will be verified.

• If papers are found legally valid, will receive compensation of the affected land.

• If papers are not found legally valid, will receive compensation for the crops only after verification by EGCB.

• If land ownership papers are found legally valid, DC will pay CCL for the land.

• Compensation for crops according to current market price determined by DC or EGCB, as the case may be, with support of Department of Agriculture Extension and Department of Agriculture Marketing.

• Identified affected person, if interested, will get preference in employment in the project site.

Share-croppers cultivating land within the project site, as identified

• One time compensation allowance of BDT 10,000.00 (ten

• Since all or most of the identified sharecroppers have informal

• Identified sharecroppers will get preference in



Persons Entitled Entitlements Application Guidelines

Additional Services

through census and socioeconomic survey.

thousand) sharecropping arrangements, EGCB will pay compensation to them.

employment in the project site as per their qualification.

Vulnerable households among the owners and sharecroppers (poor, female headed households, elderly headed households, homeless) have been identified as vulnerable households.

• One-time cash allowance of BDT 10,000 (ten thousand) for each vulnerable household.

• As identified during census; cash for the entitlement will be directly paid by EGCB.

• Livelihood restoration training on feasible vocations.

• -One member of each identified vulnerable household will be entitled for livelihood restoration training and one or more adult members will get preference in employment in project civil works.

Livelihood Restoration Training and one-time grant for the identified vulnerable households and sharecroppers

Livelihood restoration training to all vulnerable households and sharecroppers

As identified during census and SES. Paid by EGCB.

As described above.

5.7 Livelihood and Income Restoration61. According to census and SES survey, out of 18 affected households, 14 households’ primary source of income comes from agricultural land outside the project site. They are mainly dependent on agricultural farming. These 18 households not only cultivate their own land but also work as sharecroppers outside the project site, and this serves as their primary source of income. They cultivate land in very traditional way. During consultation, they requested to provide them training on smart harvesting system, cropping time, co-operative farming, high yielding crops etc. This training will help them to produce more



crops in a shorter time; crops such as certain fruits and flowers fetch a higher market value than traditional crops, and these options will be explored.

62. From every affected household, (9 titled households, 9 successors and 22 sharecropper households) one suitable member will be eligible to avail of the livelihood restoration program. During field surveys, it has been observed that the affected people have some unutilized land within their residential plots which can be used for productive purposes like home-gardening for fruits, flowers and vegetables, poultry farming, cow-rearing, etc. Moreover, if they are interested to work during construction period, they will be given priority.

63. EGCB will engage appropriate resource persons to conduct a livelihood restoration training on selected trade/vocation including high yield and high value crops such as certain fruits, flowers and vegetables, which can be grown in that environment. Training will also be given on poultry farming, cow-rearing/fattening, bio-gas production etc. which are found to be marketable and profitable in that area. The training will be conducted once the affected land owners, sharecroppers and vulnerable households are compensated. There will be an immediate impact on sharecroppers and vulnerable households due to the project interventions. EGCB will compensate the affected sharecroppers and vulnerable households and will start the livelihood restoration training immediately after, so that they can restore their livelihood to avoid becoming anymore entrenched in poverty.



Chapter 6: LAND ACQUISITION AND RESETTLEMENT COST

64. Total estimated cost for land acquisition for 50 MW Solar Plant and resettlement assistance is BDT 175,611,970 (Seventeen Crore fifty six lac eleven thousand nine hundred seventy only). This includes the amount for land and crop compensation for titled owners (BDT 16.45 crores), which EGCB has already paid to the DC office.

Table 6-1: Estimated Cost for Land Acquisition and Resettlement Sl. No.

Category of loss

Unit /Quantity in Acre/Number

Rate CCL Rate (Mouza rate+50%) per Acre

CCL To be paid By DC (Mouza rate + 50%)

Estimated budget in BDT

$ =82 (BDT)

A Compensation at current market value for land (in Acre)

A.1

Single Crop Agricultural Land

165.5 622,717

934,076

154,589,495

154,589,495

1,885,238

A.2 Compensation for crops

165.5 40,000 60,000 9,930,000 9,930,000 121,098

Sub Total 164,519,495

164,519,495

2,006,335

B Income and Livelihood Assistance

B.1 Compensation to sharecroppers @BDT 5000/crop for 2 crops (5000*2=10000)

22 10,000 220,000 2,683

B.2 One-time cash grant to vulnerable HHs @BDT 10,000

11 10,000 110,000 1,341

B.3 Training cost including seeds and equipment’s for Livelihood restoration

Lump sum 900,000 900,000 10,975

B.4 External 1,500,000 1,500,000 18,293



Sl. No.

Category of loss

Unit /Quantity in Acre/Number

Rate CCL Rate (Mouza rate+50%) per Acre

CCL To be paid By DC (Mouza rate + 50%)

Estimated budget in BDT

$ =82 (BDT)

Monitoring cost Sub Total (of B)

2,730,000 33,292

Total (A+B) 167,249,495

2,039,628

Contingency (5% of Total Estimated Cost

8,362,475 101,981

Grand Total 175,611,970

2,141,609



Chapter 7: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENT

7.1 Institutional Arrangement65. Electricity Generation Company of Bangladesh Limited (EGCB)under the Ministry of Power, Energy and Mineral Resources (MoPEMR) is representing the Government of Bangladesh as the Executing Agency (EA) of the Utility Scale Solar PV Project. EGCB is responsible for undertaking all studies, design, and construction of this Project. It will also be responsible for operation and maintenance (O&M) of the project after its completion. EGCB is mandated to undertake steps, as per guidelines of the MoPEMR and advice of the Government, to secure required funds both from external and internal sources for the implementation of the Project. EGCB is experienced in implementing WB projects and carry out the following activities to commence the implementation of Resettlement Action Plan:

1. Establish field offices at project areas 2. Organize orientation and awareness building workshops for EGCB staff likely to be

involved in RAP implementation. 3. Deployment of one designated officer for the Social and Environmental

Implementation Unit (SEIU) of EGCB.66. Project Management Unit (PMU), headed by a Project Director (PD), will be responsible for implementation of the RAP– assistance disbursement of the PAPs including income restoration. EGCB will conduct livelihood restoration training and implementation of RAP on time.

67. For efficient and smooth implementation of the RAP provisions, suitable institutional arrangements are necessary. Institutional arrangements required for implementation of RAP includes establishing protocol with the DC office, establishing the Social and Environmental Implementation Unit (SEIU), and formation of various committees like Grievance Redress Committee (GRC) and Loss Validation Committee (LVC).

7.2 EGCB Field Office68. EGCB will establish field office at project area. The field offices will coordinate with the Office of Deputy Commissioner for land acquisition and CCL payment, possession of land, clearance of proposed ROW, etc. The PD will monitor all resettlement and rehabilitation activities and will be fully responsible for progress of civil works and project management.

7.3 Role of Project Director69. EGCB is the project owner and executing agency (EA). Project Management Unit (PMU) led by a Project Director (PD) will be responsible for effective and timely



implementation of the utility scale solar PV project. PD will submit quarterly progress report on RAP implementation to the World Bank.

7.4 Role of Executive Engineer70. The Executive Engineer of the project on site under the guidance and leadership of the Project Director is responsible to perform following task and assignments.

Liaise with relevant DC Offices to finalize payments procedures for land. Ensure that all one time vulnerability allowance/compensation related to livelihood

and income restoration assistance for loss of land are paid by EGCB. Monitor and supervise, on a day-to-day basis, all site development activities. Ensure that the families affected due to on-site development are fully informed

about the details of staged development schedules; Work with contractors and monitor their performance, paying particular attention to

whether they are offering preferential access to employment to suitably qualified project-affected persons, including women willing to work in construction activities.

7.5 Role of the Social and Environmental Implementation Unit (SEIU)71. In addition to the implementation of RAP, submission of progress reports, the SEIU will address new claimants and assess losses as applicable, in keeping with the entitlement matrix prepared under the RAP. The SEIU will verify and cross check the field book of the joint verification conducted jointly by EGCB and the DC at project area. The SEIU will also review and certify the census of affected households (owners/lessees, sharecroppers and vulnerable households) and assets by the EGCB. SEIU will assess quantity of land parcel that was under individual cultivation, the crops that was standing during land takeover and the market price of the affected crops. SEIU will also review vulnerability of the affected land owners and sharecroppers based on set criteria like, landlessness, per capita household income, gender, age and physical ability of household head, and their ethnicity.

7.6 Owner’s Engineer72. The Owner’s Engineer (OE) will provide technical, management, and coordination assistance to EGCB on the Project. The OE, if necessary, will sub-contract an experienced NGO/Firm for implementation of the RAP and assist the PMU in monitoring and following up the land acquisition compensation process.



Chapter 8: GRIEVANCE REDRESS MECHANISM

8.1 Background and Objectives73. The project census and IOL survey has been conducted to ensure that 100% of the project affected persons are enlisted. Grievance Redress is a very important part of resettlement project implementation. Therefore, this project will follow the specific grievance redress mechanism to ensure that the voices of the APs merge with implementation decisions. Affected people and communities will set their arguments to the grievance redress committee (GRC) consistent with the grievance redress method. The structures, processes and outcomes are described in the following sections of this chapter. The implementation of GRC decisions and monitoring processes are also explained. Landowners allow land acquisitions to dispute such acquisition in the beginning of the legal process. During the implementation of the LAP and/or RAP as soon as the objections are heard and disposed of, there is practically no provision to attend complaints and grievances that individual landowners may bring in the later stages of the acquisition process. In addition, there is no process to hear and redress grievances to the non-title users of land. Environmental, social and public health concerns may raise among the affected persons and their communities in the period of project involvement and construction activities. Affected people will maintain and procurement Transparency is a demand of communities and affected people in procurement and maintaining the quality of construction. They may also be paying attention in construction activities. Complaints and grievances may, therefore, range from land acquisition, resettlement, procurement and quality of works on site. A dispute over ownership and inheritance of the acquired lands of affected persons and assets missed by the census, joint verification; valuation of affected assets; compensation payment; and the like may arise in the process of resettlement.

74. To solve the resettlement related disputes and make the project accountable to the affected people and their community a complaint and grievance mechanism will work. Based on “extralegal” method the Grievance Redress Committee (GRC) will an officially recognized community to resolve disputes arising out of various matters related to land acquisition, resettlement, environmental, safety and other social concerns. The fundamental objectives of this mechanism are to resolve any resettlement-related grievances locally in consultation with the aggrieved party to facilitate smooth implementation of the social and environmental action plans. Democratize the development process at the local level is the main objective and to establish accountability to the affected people.

75. Affected people may appeal any disagreeable decision, practice or activity arising from land and assets and from construction related activities to the grievance redress committee. APs will be fully informed of their rights and of the procedures for addressing



complaints, whether verbally or in writing during consultation, survey, and time of compensation.

8.2 Grievance Redress Committee76. According to the Grievance Redress Mechanism, the Grievance Redress Committees (GRCs) will be established at two levels: (i) Union/Municipal (Local) level and (ii) Project Level. GRCs will be formed with representatives from EGCB at the Community level (Union/Municipal), local representatives, Affected Persons representatives (women representative in case of women APs) and field officer of EGCB. GRC decisions will be publicized among the local communities on a majority basis. Where the complaining parties are not satisfied with the GRC decisions, they can go the Project Director (Project level) for resolution. Aggrieved DPs satisfied with the resolution approach the EA for resettlement assistance under the provision of the RAP. The convener’s office will communicate with the aggrieved persons for ensuring the acceptance of the resolution. The PD then approves the resolution accepted by the aggrieved person. If the resolution at PD level is not acceptable to him/her, aggrieved DPs may opt to approach to the Court of Law. The aggrieved persons at any level (GRC, PMU, EGCB) accept the resolution and those will be approved by the Project Director and forwarded back to the Conveners’ office keeping records of his/her office. GRC members will receive specific training on the procedures to be followed.

Table 8-1: GRC TiersTier Members of the GRC at Different Levels

Project Level (PMU)

1. Project Director, PMU – Convener 2. Project Manager (XEN), PMU- Member Secretary3. SEIU – Member

Community Level at Union Parishad/ Municipality

1. Executive Engineer/nominated official of EGCB – Convener

2. SEIU – Member Secretary3. Representative from Owners Engineer – Member 4. Representative from project affected people who have

received compensation – Member 5. AC Land Sonagazi – Member

8.3 Grievance Resolution Process77. Grievances will be filed without any fear and stress. Field office of EGCB will support the project affected people in drafting the grievances. All grievances must be submitted in writing to the Chair, GRC. The AP him/herself to represent the complainants. The judgment made by GRC will be communicated to the concerned AP in writing. If dissatisfied, and with the agreement of the GRC, the AP may request a further review of the judgment of GRC by the Project-level GRC. In such cases, the case will be forwarded to



the Convener of the project-level GRC with all documentations. If he/she remains unsatisfied followed by he/she can go to the formal court of law.

78. Unidentified and missing landowners can also complain to GRC. SEIU will receive the grievances from the missing land owners and claimant of the land with relevant legal documents. EGCB will then advise them to submit the papers to DC and DC will take necessary action in this regard.

79. The Member Secretary will review and sort the cases in terms of nature of grievance, urgency of resolution, and schedule hearings in consultation with the Chair, GRC. All cases will be heard within four weeks from the date of receiving the complaints.

80. If the resolution attempt at the local level fails, the GRC will refer the complaint with the minutes of the hearings to the PD at PMU for further review. The PD will assign the respective officerwith the SEIU for review the grievance cases and assist PD in making decision. The SEIU will review the case records and pay field visits for cross examining and consult the GRC members and aggrieved persons, if required.

81. To ensure that grievance redress decisions are made in formal hearings and in a transparent manner, the Chair will apply the following guidelines:

• Reject a grievance redress application with any recommendations written on it by a GRC member.

• Remove a recommendation by any person that may separately accompany the grievance redress application.

• Disqualify a GRC member who has made a recommendation on the application separately before the formal hearing:

• Where a GRC member is removed, appoint another person in consultation with the PD.

• The Chair will also ensure strict adherence to the impact mitigation policies and guidelines adopted in this RAP and the mitigation standards.

8.4 Approval of GRC’s and Entitlement of GRC Members82. All the decisions and proceedings of GRC meetings at any level will be finally approved by the Project Director, PMU and EGCB. According to the agenda of the resettlement action plan, the approved GRC decisions will be implemented in a particular location.

83. Grievances will be heard once a month by GRC. The GRC may meet more than once in every 30 days depending upon the number of such cases.

84. The Project Manager of PMU will keep records of all the grievances and their redress in monthly cumulative formats, which will be provided by the field office of EGCB and to be signed by the convener of the Grievance Redress Committee. The format will contain information on the number of grievances received with nature, resolved, and the number of unresolved grievances.





Chapter 9: MONITORING, EVALUATION AND REPORTING

9.1 Introduction85. Monitoring and Evaluation (M&E) are the key apparatus of RAP implementation. Monitoring is a periodical checking of planned activities and provides midway inputs, facilities changes, if necessary, then provides feedback for project management to keep the program on schedule. Evaluation on the other hand assesses the resettlement effectiveness, impact and sustainability of Resettlement and Rehabilitation program. In other words, evaluation is activity aimed to assessing whether the activities have achieved their intended goals and purposes. Thus, monitoring and evaluation of resettlement plan implemented are critical in order to measure the project performance and fulfillment of project objective. EGCB will establish a monitoring and evaluation (M&E) system under the jurisdiction of Project Director at PMU office. Monitoring will continue till the end of RP implementation. Components will include performance monitoring i.e., physical progress of work and impact monitoring and external evaluation.

9.2 Objective of M & E86. Monitoring and evaluation will ensure timely and fair delivery of entitlements to the Entitled Persons. To ensure achievement of targets within schedule, the M&E will enable SIU to get feedback from the target population and the field operatives to devise corrective measures. The affected persons and the surrounding communities are the main source to carry out M&E, which will increase the deliverance capability of the SIU and make best use of RAP.

87. The M&E method and the process adopted for achieving the targeted performances will be accomplished by collecting, analyzing, reporting and using information, about payment of compensation progress as well as livelihood training progress as per the scope of the RAP. It will make sure that inputs are provided, procedures are followed, and outputs are monitored and verified as per approved plan and schedule of actions. A standard database will be developed for the purpose of constant monitoring and post evaluation of the RAP targets.

9.3 Approach and Methodology88. EGCB has to create a good and effective communication system with the DC offices and local communities. Resettlement Specialist of SEIU-EGCB will be responsible to keep good communications with DC office and community people. EGCB will submit regular progress reports with regards to this to the Bank. The unpaid landowners will submit the relevant papers to DC. DC will verify all the documents. If DC satisfies with the documents, DC will pay compensation to the affected HHs. If DC is not satisfied; DC will give his final decision. All this procedure has to be recorded by SEIU and SEIU will share the updates with World Bank. Same procedures have to be followed for remaining 84.1 acres of land (land owners are not identified or recorded). Currently owners of 81.4 acres’



land are identified from DC Office but remaining 84.1 acres’ land owners are not identified.

89. The detailed status of the aforementioned land owners, as well as the sharecroppers (under final verification by EGCB) will be submitted to the Bank regularly through quarterly reports.

90. Following information will be collected from DC offices and EGCB local office by external monitor:

Table 9-1: Monitoring Issues

Sl No

Issues Comments

1 No of APs received compensation 2 No of unidentified land owners 3 No of consultation carried out in the last one month 4 No of complains received by EGCB about the land ownership

issues? 5 No of complains solved? 6 No of land owners received compensation?

7 How much compensation is disbursed?

8 Number of sharecroppers and vulnerable HHs receives compensation and livelihood restoration training?

9 Number of sharecroppers and vulnerable HHs receives livelihood restoration grant after completion of training?

91. The SEIU will monitor and measure the progress of implementation of the resettlement action plan. The scope of monitoring activities will be proportionate to the projects' risks and impacts. As well as recording the progress in compensation payment and other resettlement activities, the borrower/client will prepare monitoring reports to ensure that the implementation of the resettlement plan has produced the desired outcomes. To assess the changes and variations the M&E approach will identify and select a set of appropriate indicators and gathering information on them. The M&E process will ensure participation of stakeholders, especially the affected persons, women and vulnerable groups. The process will also undertake different formal and informal surveys for impact analysis. M&E processes assess the resettlement efficiency, effectiveness, impact and sustainability will carry out through the identification of lessons from the project for building upon future remedy.



9.4 Monitoring and Evaluation92. As per compliance requirements of WB’s social consideration on involuntary resettlement RP policy and targets, the RAP implementation process will be monitored and evaluated through setting up indicators. These indicators have been mentioned below in Boxes. Boxes 1, 2 and 3).

Table 9-2: Monitoring Indicators

Box-1: Process Indicators

Project input, public participation and

monitoring

- Setting up Social and Environmental Implementation Unit

- Deployment of staffs - Training of concerned staff of the SEIU - Identification of eligible affected HHs/persons - Procedure of determining loss and entitlements - Development of livelihood and income

restoration program - Preparation of disclosure instruments - Disclosure and consultation events - Formation of GRC - Grievance redresses procedures in-place and

functioning - Level of public awareness on RAP policy and

provisions Cost of compensation collection by affected households

- Monitoring reports submitted

Box 2: Output Indicators

Delivery of entitlements,

Relocation and Rehabilitation

- Number of households compensated and assisted - Amount of compensation disbursed - Amount of other benefits disbursed - Number of eligible persons identified and

provided additional assistance - Number of vulnerable households brought under

additional assistance.

Box 3: Impact Indicators



Longer Term Impact

- Changes in drinking water and sanitation - Changes in land holding - Changes in occupation - Gender balance and women empowerment - Changes in vulnerable households and women

headed households.

9.6 Institutional Arrangement for M&E93. EGCB will carry out internal monitoring of the RAP implementation involving EGCB-SEIU offices. The Owner’s Engineer (OE) will carry out the external monitoring of the RAP implementation. The Land Acquisition Specialist with the SEIU, EGCB and the Resettlement Specialist with the OE will oversee and monitor safeguard compliance of the project, while the World Bank will conduct periodic missions for the compliance monitoring.

9.6.1. Internal Monitoring94. The Project Director (PD) is responsible to oversee proper and timely implementation of all activities in accordance with the RAP. The PD will be operating and managing implementation of the RAP with assistance from SEIU. The monitoring will be carried out with support from the EGCB-SEIU office. SEIU will collect appropriate data from the field and prepared monthly/quarterly reports on the progress of RAP implementation. SEIU will collect information from the project site and assimilate in the form of monthly progress of RAP implementation and adjust work program where necessary, in case of delays or problems.

9.6.2. External Monitoring95. The Owner’s Engineer (OE) will include a team for implementation monitoring and assist SEIU in implementation of the RAP and monitoring land acquisition compensation payment. OE will appoint experience resettlement staff to carry out external M&E and reporting of the implementation of the RAP. The OE will carried out quarterly, annual, ,mid-term and final evaluation and recommend necessary changes to the SEIU for consideration. The scope of external monitoring will cover compliance monitoring and social impact evaluation of RAP implementation.

96. The OE Social Team will cover compliance issues such as: (i) compensation and entitlement policies, (ii) adequacy of organizational mechanism for implementing the RAP, (iii) restoration of APs income, (iv) settling complain and grievances and (v) provisions of adequate budgetary support by SEIU for implementation of the RAP. It also appraised accounting documents used in recording the payments of compensation to APs by EGCB. In addition to this at least once a year and annual impact evaluation to assess the effectiveness of the work being undertaken and level of result achieved.



9.7 Reporting Requirements97. The SEIU is responsible for supervision and implementation of the RAP for the project with the supervision of PMU. Resettlement Specialist of SEIU will prepare monthly progress reports on resettlement activities and submit it to PD. PD will then prepare and submit the quarterly progress report to World Bank. The SEIU is responsible for keeping complete records of the implementation process (records of consultation, notification and payments). The OE social team will submit quarterly report to the PD through review and determine whether resettlement goals have been achieved. The OE will also report on the status of land compensation payment by the DC office and achievement of the PAP outreach activities. Monitoring reports will be submitted at regular interval as specified. Both monitoring and evaluation undertaken as a part of regular activities and reporting on this extremely important in order to take corrective measures. Following table provides details on the content and timing for various report associated with M&E. All the monitoring reports will be submitted to WB by the Project Director, PMU.

Table 9-3: Reporting cycle /frequency Activity/Reporting

Contents Timeline Responsibility

Monthly Progress Report

Narrative as per Monitoring Plan format giving details on activity, results, issues affecting performance and variance if any and reason for same and corrections recommended

To be submitted within 10 days of the following month

SEIU

Quarterly Review and Report

Progress, issues, with regard to payments of compensation, and other assistance, review of expenditure vs. budgeted amount by budget heads and sub heads; recommendations

To be submitted within 15 days of end of every third month of implementation

OE-Social Team

Final Report Project achievement and impacts

To be submitted within 90 days of end of the Project

SEIU/ and OE



ANNEX

ANNEX A 1: Gap between GOB ordinance of 1982 and the World Bank Policy

Aspects GOB 1982 ordinance World Bank Policy

GAP between GOB ordinance and

World Bank Policy

Safeguard measures

adopted in the Solar Power Plant Project

Objective Avoid involuntary resettlement

Avoidance of resettlement is not specifically mentioned in the 1982 Ordinance - focus on mitigation than avoidance

Involuntary resettlement should be avoided where feasible

Gaps with regard to this principle to avoid resettlement impact through alternative options.

The solar power plant project adhered to the Bank policy i.e. avoid resettlement where feasible

Minimize involuntary resettlement

The law onlyimplicitly discourages Unnecessary and excess land acquisition, as excess land remains idle and unused and lands acquired for one purpose cannot be used for a different purpose. Land that remains unused should be returned to the original owner(s).

Minimize involuntary resettlement by exploring all viable alternative project designs

Section 3/under 1982 Ordinance requires notification only; no consultation is required

No physical displacement will occur due to this project. Ensure livelihood through restoring income resource base and appropriate rehabilitation measures for sharecroppers is undertaken in this project

Mitigate adverse social impacts

The mitigation measures are cash compensation only for lost assets. The complexities of resettlement is not addressed by the Ordinance

Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits

Only cash-based compensation for acquired assets. The impacts of loss of land, houses and the need for resettlement are not considered.

Provision for cash compensation under law established through DC.

Core Principles Identify, assess and

The 1982 Ordinance

Through census and socioeconomic surveys

Impact assessments are

RAP requires identification of





World Bank Policy

Safeguard measures


address the potential social and economic impacts

requires preparation of a Land Acquisition Plan (LAP) for land acquisition and compensation purposes. However, GOB environmental rules/guidelines (1997) synchronize various applicable laws and policy frameworks of the country for early identification of

of the affected population, identify, assess, and address the potential economic and social impacts of the project that are caused by involuntary taking of land (e.g. relocation or loss of shelter, loss of assets or access to assets, loss of income

typically done in the case of externally funded projects; otherwise, a land acquisition plan is prepared for acquisition purposes. Project impacts on properties, livelihoods and

impacts caused by land acquisition (maintaining the principle that lack of formal title to land should not be a bar to compensation

impacts on biophysical, socioeconomic and cultural environment of a project intervention and their mitigation. Requires the assessment of technical alternatives, including the no action alternative to minimize adverse environmental impacts, include impact on human health and safety. EIA identifies measures to minimize the problems and

sources or means of livelihood, whether or not the affected person must move to another location) or involuntary restriction of access to legally designated parks and protected areas.

employment, health and environment are discussed in IEE/EIA reports, but do not provide enough information to determine losses and basis for compensation. Existing laws do not have provision for identification of indigenous people to recognize their particular problem and inconveniences due to a project.

and resettlement assistance), including number of affected persons. The RAP also addresses both direct and indirect impacts

Prepare mitigation plans for affected persons

The Deputy Commissioners (DCs) have the mandate in their respective jurisdiction as

To address the Project impacts, prepare resettlement plan or a resettlement policy framework prior to Project appraisal,

Existing law and methods of assessment do not ensure full replacement cost

Since the CCL is higher than the market/replacement value, there is no requirement for top-ups





World Bank Policy

Safeguard measures


per law to acquire land for any requiring person (public agency or private person). The GOB 1982 Ordinance II and other applicable laws/Guidelines

estimating to the extent possible the total population to be affected and the overall resettlement costs

of property at current market price. The law does not consider resettlement or rehabilitation of affected persons or their loss of income or livelihood resources. “Market value” of property is often found low in respect of current market price, it can be raised, if appealed, by a maximum of 10 percent each time which in most case is not sufficient to match with real market price.

through the implementing agency.

Consider alternative project design

Feasibility studies including social, political, cultural and environmental impact assessments, detailed engineering surveys as basis for acquisition of private property or rights.

Assess all viable alternative project designs to avoid, where feasible, or minimize involuntary resettlement.

No specific laws for considering project design to avoid or minimize involuntary resettlement. Feasibility study considers cost-benefit more from technical than socio cultural considerations

Project feasibility and ESIA have been conducted. There is no scope/need to consider alternative project design.

Consider alternative project design

Feasibility studies including social, political, cultural and environmental impact assessments, detailed engineering surveys as basis for acquisition of private property or rights.

Assess all viable alternative project designs to avoid, where feasible, or minimize involuntary resettlement.

No specific laws for considering project design to avoid or minimize involuntary resettlement. Feasibility study considers cost-benefit more from technical than socio cultural considerations

Project feasibility and ESIA have been conducted. There is no scope/need to consider alternative project design.

Involve and The 1982 Consult project There is no The RAP has





World Bank Policy

Safeguard measures


consult with stakeholders

Ordinance have provisions (Section 3 and 3/2) to notify the owners of property to be acquired.

Any party having any objections can appear to DC for a hearing with 15 days of notification.

affected persons, host communities and local nongovernmental organizations, as appropriate. Provide them opportunities to participate in the planning, implementation, and monitoring of the resettlement program, especially in the process of developing and implementing the procedures for determining eligibility for compensation benefits and development assistance (as documented in a resettlement plan), and for establishing appropriate and accessible grievance mechanisms. Pay particular attention to the needs of vulnerable groups among those displaces, especially those below the poverty line, the landless, the elderly, women and children, Indigenous Peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation.

provision in the law for consulting the stakeholders but the land allocation committees at district, division and central government level. People have limited scope to negotiate with the government on the price of land, but have no right to refuse acquisition.

provision of public consultation on land acquisition, project impacts and mitigation with the project affected person.

Disclose and inform APs of RAP and mitigation measures

The 1982 Ordinance requires a “notice” to be published at convenient places on or near the property in a prescribed form and manner

Disclose draft resettlement plans, including documentation of the consultation process, in a timely manner, before appraisal formally begin, in an accessible place and in a form and

Disclosure takes place in case of donor-funded projects

The project has the provision to inform APs about RAP and mitigation measures.





World Bank Policy

Safeguard measures


stating that the property is proposed to be acquired (u/section 3

language that are understandable to key stakeholder

Support existing social and cultural institutions of the affected persons

To the extent possible, the existing social and cultural institutions of Resettlers and any host communities are preserved and Resettlers’ preferences with respect to relocating in preexisting communities and groups are honored.

No provision in any existing laws

No social and cultural institutions were found affected by the project.

Supervision No provision in the 1982 Ordinance.

The bank supervises resettlement implementation to determine compliance with the resettlement instrument

There is no law or directives on the supervision of the land acquisition process by Deputy Commissioner.

The RAP can be implemented by EGCB or by an NGO or consultants hired by EGCB. .

Monitoring The 1982 Ordinance II has provision that the DC will monitor and submit a statement to the Government annually about the properties acquired for different requiring bodies and mode of utilization of the land.

The borrower is responsible for adequate monitoring & evaluation of the activities set forth in the resettlement instrument

Existing laws not have any provision for rehabilitation of project affected persons and therefore, no monitoring is done.

Monitoring The 1982 Ordinance II has provision that the DC will monitor and submit a statement to the Government annually about the properties acquired for

The borrower is responsible for adequate monitoring & evaluation of the activities set forth in the resettlement instrument

Existing laws not have any provision for rehabilitation of project affected persons and therefore, no monitoring is done.





World Bank Policy

Safeguard measures


different requiring bodies and mode of utilization of the land.

Evaluation No provision for evaluations of the post- displaced lives of the affected households and communities

Assess whether the objectives of the resettlement instrument have been achieved, upon completion of the project, taking account of the baseline conditions and the results of resettlement monitoring

CSC Safeguard Specialistwill conduct annual evaluation of the performance of resettlement operations as well as impacts of resettlement during and after RAP implementation



ANNEX A 2: Land Owner’s List

Sl Name Successor’s Name Father's Name Village

1 Narayan Chandra Nath

Shachindra Kumar Nath

Char Chandia

2 Din Bandhu Ray Prakash Chandra Ray Char Chandia 3 Gobinda Kumar Ray Dhananjay Kumar

Ray Char Chandia

4 Shuresh Chandra Ray

Bharat Chandra Ray Char Chandia

5 Late. Rejaul Haque 1. Selim 2. Abu Sufian 3. Abu Tahir 4. Sheikh Mojid 5. Sheikh Forid Nur Mia

Purba Baradhali

6 Moksud Mia Nur Mohammed Purba Baradhali

7 Mabul Haque Nuru Mia Char Chandia 8 Tajul Haque Nuru Mia Purba

Baradhali 9 Kamal Uddin Abdul Malek Purba

Baradhali 10

Abul Kashem Abdur Rashid Purba Baradhali

11

Late. Ajijul Haque 1. Abul Hashem 2. Abdul Halim 3. Khudeja 4. Monowara Late. Nur Mohammed Char Chandia

ANNEX A 3: Share Cropper’s List Sl Name Father’s Name Village

1. Amjad Hossain Abdul Malek Adarsha Gram 2. Harunor Rashid Abu Ahmed Adarsha Gram 3. Jahangir Hossain Ayub Ali Adarsha Gram 4. Salim Bhuli Majhi Purba Baradhali 5. Jamal Uddin Nur Islam Dakshin Char



Darbesh 6. Sujon Nurul Haque Purba Baradhali 7. Ripon Mia Bacchu Patwari Dakshin Char

Darbesh 8. Shuhag Abu Taher Adarsha Gram 9. Shobuj Nurul Haque Purba Baradhali 10. Kamal Uddin Ahmed Sayed Ahmed Purba Baradhali 11. Shekh Bahar Shekandar Mia Dakshin Char

Darbesh 12. Anwar Chunnu Mia Purba Baradhali 13. Jamshed Alam Asanullah Dakshin Char

Darbesh 14. Helal Abdul shukkur Purba Baradhali 15. Alamgir Abul Khayer Adarsha Gram 16. Main Uddin Shahab Uddin Adarsha Gram 17. MD. Khukon Abul Malek Adarsha Gram 18. Mosharraf Hossain Abu Ahmed Adarsha Gram 19. Hafejullah Abdur Rab Char Darbesh 20. Rafique Lokman Dakshin Char

Darbesh 21. Abul Hashem Mofijul Haque Purba Baradhali 22. Shohid Abu Yusuf Adarsha Gram


ANNEX A 5: Public Consultation Attendance Shit

ANNEX A 6: Public Consultation Photographs

FGD Photographs Public Consultation Meeting Photographs

Purbo Borodhuli Bazar Char Gonesh Bazar

Modinar Bazar Char Darbesh Bazar

ANNEX A 7:

Char Chandia Bazar

ANNEX A 8:

70Vulnerable Households’ List

Name of the Household's Head Yearly Income Narayan Chandra Das 96000 Selim 120000 Abu Sufian 48000 Abu Tahir 36000 Sheikh Mojid 36000 Sheikh Forid 36000 Tajul Haque 96000 Monowara 84000 Khudeja 72000 Abdul Halim 72000 Abul Hashem 96000

ANNEX A 9: 71

Documents

ACRONYMS - World Bankdocuments.worldbank.org/.../EGCB-RAP-FINAL.docx · Web viewChapter 5: LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS 5.1GOB Laws on Land Acquisition The principal