BAN: Southwest Area Integrated Water Resources ......built embankment and a sluice (locally built), due to erosion in Afra river bank, collapsed and the local people requested BWDB

Social Monitoring Report

Project No.34418-013 Semi-Annual Report January-June 2015

BAN: Southwest Area Integrated Water Resources Management Project

Southwest Area Integrated Water Resources Planning and Management

Prepared by Bangladesh Water Development Board for the People’s Republic of Bangladesh and the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

SOUTHWEST AREAI ntegrated Water Resources Planning and Management Project

Bangladesh Water Development Board

SOUTHWEST AREAI ntegrated Water Resources Planning and Management Project


0GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

Ministry of Water Resources


ADB Loan 2200-BAN (SF) / GON Grant 0036 BAN

SOCIAL SAFEGUARD REPORT

Period: January- June, 2015

June, 2015

SAIWRPMP, BWDB, Social Safeguard report, June, 2015 i

Abbreviation ADB : Asian Development Bank APs : Affected Persons BBCS : Bartika Beacon Consultancy Services Ltd. BWDB : Bangladesh Water Development Board CCL : Cash Compensation under Law CBSP : ChenchuriBeel Sub-Project DC : Deputy Commissioner DP : Displaced Person EP : Entitled Person EP : Eligible Person FG : Focus Group FGD : Focus Group Discussion GOB : Government of Bangladesh GRC : Grievance Redress Committee HH : Household IA : Implementation Agency IGP : Income Generation Program ILR : Income and Livelihood Restoration (ILR) Program INGO : Implementing Non-Government Organization IWMP : Integrated Water Management Plan ISPM : Institutional Strengthening and Project Management Support JVT : Joint Verification Team LRP : Land Resettlement Plan LAO : Land Acquisition Officer OE : Old Embankment MARV : Maximum Allowable Replacement Value NGO : Non-Government Organization PAP : Project Affected Person PD : Project Director PMO : Project Management Office PVAT : Property Valuation Advisory Team RAC : Resettlement Advisory Committee RF : Resettlement Framework ROW : Right of Way RAP : Resettlement Action Plan RB : Resettlement Benefit RC : Resettlement Coordinator RU : Resettlement Unit SDE : Sub-Divisional Engineer SES : Socio-economic Survey SMO : Sub-Project Management Office SP : Sub-Project SWAIWRPMP : Southwest Area Integrated Water Resources Planning and Management Project TG : Transfer Grant TOR : Terms of Reference UP : Union Parisad Exn. : Executive Engineer

SAIWRPMP, BWDB, Social Safeguard report, June, 2015 ii

Glossary of Terms Affected Person (AP): includes any person, affected households (AHs), 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. Awardees: means the person with interests in land to be acquired by the project after their ownership of said land has been confirmed by the respective Deputy Commissioner's office as well as persons with interests in other assets to be acquired by the project. Compensation for acquired assets is provided to ‘awardees’ through notification under Section 7 of the Land Acquisition Ordinance. Compensation: means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. Cut-off date: means the date after which eligibility for compensation or resettlement assistance will not be considered is the cut-off date. Date of service of notice under Section 3 of Land Acquisition Ordinance is considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the census/inventory of losses is considered as the cut of date for eligibility of resettlement benefits. Displaced Person (DP): includes any person, households (AHs), 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. Encroachers: mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. The term also refers to those extending attached private land into public land or constructed structure on public land for only renting out. Entitlement: means 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 AHs, depending on the type and degree /nature of][\their losses, to restore their social and economic base. Eminent Domain: means 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 of losses: means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Non-titled: means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or public land without permission, permit or grant i.e. those people

SAIWRPMP, BWDB, Social Safeguard report, June, 2015 iii

without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied resettlement assistance. Project: means resectioning work at Singia to Siddhipashasetion (11.90km) of the embankment under Narail Sub-project of Southwest Area Integrated Water Resources Planning and Management Project funded jointly by Asian Development Bank (ADB) and Government of Netherlands. Project Affected Units (PAUs): combines residential households (HHs), commercial and b| usiness enterprises (CBEs), common property resources (CPRs) and other affected entities as a whole Project Affected Family: includes residential households and commercial & business enterprises except CPRs. Relocation: means displacement or physical moving of the DPs from the affected area to a new area/site and rebuilding homes, infrastructure, provision of assets, including productive land/employment and re-establishing income, livelihoods, living and social systems. Replacement cost: means the value of assets to replace the loss at current market price, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Resettlement: means mitigation of all the impacts associated with land acquisition including restriction of access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition. Significant impact: means where 200 or more DPs suffer a loss of 10% or more of productive assets (income generating) or physical displacement. Squatters: means the same as non-titled and includes households, business and common establishments on land owned by the State. Under the project this includes land on part of the crest and slopes of flood control embankments, and similar areas of the drainage channels. Structures: mean all buildings including primary and secondary structures including houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls, tube wells latrines etc. Vulnerable Households:means households that are (i) headed by single woman or woman with dependents and low incomes; (ii) headed by elderly/ disabled people without means of support; (iii) households that fall on or below the poverty line;

1(iv) households of indigenous population or ethnic

minority; and (v) households of low social group or caste.

1 The poverty lines (updated for 2008)

SAIWRPMP, BWDB, Social Safeguard report, June, 2015 1

Table of Contents: 1. Executive Summary ............................................................................................................... 1

2. Introduction ............................................................................................................................ 3

3. The Project ............................................................................................................................. 5

4. Social Safeguard Issues ........................................................................................................ 8

5. Implementation of Resettlement Plan .................................................................................... 8

6. ADB Safeguards Review Mission at Chander Char and Noagram ..................................... 11

Annexes

1. GoB order for formation of committees for Implementation of Resettlement Plan 2. No Public complaint for addressing informal by implementation NGO BBCS 3. Report on 5 OTM packages of CBSP, BWDB, Narail 4. Affidavit Jolarkhal embankment & structure 5. Debnath Draft mission report SW Project

6. Independent Reviewer’s Report on the Implementation of Resettlement Plan at Noagram

and ChanderChar under CBSP.


1. Executive Summary

One of the major concern of ADB that the land that are acquired and the section of embankment re-

sectioned must, the Project Affected Persons, land owners & squatters are not be worse of due to project

intervention. During the feasibility studies, two sample subprojects were studied to assess land

acquisition and resettlement framework (RF) and sample resettlement needs for rehabilitating and

improving water infrastructure. A resettlement framework (RF) and resettlement plans (RPs) were

prepared, following ADB’s involuntary resettlement and other social safeguards polices including public

consultation and information disclosure. Subprojects implementation required strip acquisition of land for

re-sectioning and realigning embankments and placement of structures. Under the project, the RF was

followed, and all affected person entitled to compensation for land taken for the purpose of the project

interventions for their lost assets; and incomes at replacement cost to improve or at least restore their

pre-project living standards, income levels, and productive capacity. The PMO supervised RP preparation

and implementation by the concerned SMO, with support from the TA consultants and RP implementation

NGOs. The RPs as prepared during the IWMP preparation stage was refined after detailed design with

approval of ADB. In the implementation the RPs grievance redressing mechanism by representatives of

the PMO, project affected person, local governments, and the NGO was established. The PMO will

prepare and submitted to ADB on the land acquisition and resettlement issues in its quarterly reports.

The retired embankment at two locations, Chander Char &Noagram under CBSP required to be

constructed on emergency basis early to stop spilling flood water from Nabaganga river, for which

Resettlement Plan was prepared with approval from ADB, an NGO namely Bartika Beacon Consultancy

services ltd. was engaged.Due compensation under CCL for land acquisition by Deputy Commissioner

was paid plus additional benefits as per RF was paid to the project affected persons. The total length of

the retired embankment was 2.266 km (land acquired 6.696 ha and no. of affect HH was 96 nos. During

implementation of the RP, two Safeguard Specialists, Mr. B Debnath from ADB HQ and Mr. Shahidul

Alam, Sr. Safeguard Officer (Resettlement) from BRM visited the site and felt satisfaction in the

implementation of RP. Mr. Debnath proposed, in view of practical situation, to downgrade the category

from Category A to Category B. He also recommended to engage a third party independent Reviewer to

oversee and report about the implementation of RP followed the approved procedure. As such, the

ISPMC engaged Mr. Siddiqur Rahman Majumdar and his findings were reported to ADB, who found the

process followed the procedure while implementing satisfactory. In NSP, a stretch of 2 km. length of

embankment near Siddipasha of AvoynagarUpazila was re-sectioned by following RP after paying due

compensation to 4 nos. temporary shops found in the location. In NSP, at Jularkhal area, where privately

built embankment and a sluice (locally built), due to erosion in Afra river bank, collapsed and the local

people requested BWDB for immediate relief, by donating land in judicial Stamp for effective measures.


On getting approval from ADB, the retired embankment of 2.41 km length plus one 1-vent regulator (as

per BWDB design) was built on the donated land giving great relief to the project beneficiaries.

While preparing RP for CBSP & NSP, a total of project affected unit (PAU) was estimated through SES

numbering 596 for the two sub projects for which RP was prepared in 2011 (approved by ADB) for re-

sectioning embankment for a length of 30.92 km. & involving affected targeted people of 2843 nos.

Acquisition against re-sectioning actually was not required since the land was already acquired BWDB for

the base width of 180-200ft about 30 years back. Re-sectioning was undertaken at one place by following

RP implementation in NSP for a length of 2.00 km (out of 11.90 km for which RP was prepared) where 4

(four) nos PAU (temporary shops) were found and the portion was freed by paying compensation as per

RF. Land was acquired only at 2 (two) places under CBSP at Chanderchar & Noagram for retiring 2.266

km of embankment involving 6.70 ha of land (though Land Acquisition was estimated before 56ha)

affected 96 HH, 98 nos of trees and a total population of 438nos and the work accomplished following RP

implementation criteria. Actual involvement of PAU was much less since the major portion of

embankment was found in good condition due to O&M activities undertaken earlier by BWDB and also

paved by LGED. A total length of 20.46km embankment was re-sectioned where there were no

PAPs/Trees etc. Remaining length was re-sectioned & paved by LGED under their normal rural road

construction program.

Conclusion: Resettlement Plan should be implemented as per resettlement frame work and

compensation policy so that the project affected persons must not be worse off than his present social &

economic status due to the project because of shifting to other places and relocation.

Recommendation: It is recommended that in future in the Project Management Office (PMO), a position

be created who will monitor and record the RP implementation process whether the land has been made

free by paying due land compensation plus additional benefits paid due to shifting to the land owners

whose land will be acquired for construction of new/retired embankment and also to the squatters who

took shelter on the embankment (squatters) for re-sectioning of the embankment and also prepare and

submit report on safeguard issues to the development partners on behalf of executing agency. .


2. Introduction

South-west Area covers the south bank of the Ganges and the Lower Meghna rivers with an area of

4 million ha (27% of the country’s total) and the population of 28.8 miilion as in 2004 (23% of the

total). About 51% of the population is poor, highest next to the Northwest among the four main

regions. In water sector there are 78 public Flood Control, Drainage/irrigation (FCD/I) systems

covering 1.1 million ha. The area has the most acute water management problems in Bangladesh.

Of particular concern is the water shortage due to reduced inflow in to the Ganges tributaries and

associated social and environmental hardships, including salinity intrusion, livelihood loss, and

environmental degradation. Other challenges include (i) flood inflow from the Gangesin the

monsoon and deterioration of existing FCD/I systems; (ii) drainage congestion and sedimentation of

tidal channels caused by coastal polder construction and reduced tidal swept volume; (iii) arsenic

contamination (highest in the country); and (iv) vulnerability to cyclones and tidal surges. Improving

water management is most critically needed in the area.

The present Southwest Integrated Water Resources Planning and Management Project

(SWAIWRPMP) was taken to enhance economic growth and sustainable development in the rural areas

of some selected districts in South-Western region Narail&Jessore, Magura, Faridpur, Gopalgonj and

Rajbari) comprising a gross area of 100,000 ha through rehabilitation of existing flood control system,

improvement of drainage & irrigation which controlled by Integrated Water Management & participatory

approach. The present project is financed by jointly ADB, GoN&GoB. The project cost according to latest

revised DPP is 29425.53 lakh bdt& revised implementation period is 2006-07 to 2014-15 (Original 2006-

2013). Initially study made on 13 candidate sub-project from which 2 (two) large sub-project was selected

(ChenchuriBeel Sub-Project: Gross 25,500ha, net 17,900 ha &Narail Sub-Project: Gross 31500, net

23,440 ha) totaling Gross 57,000 ha against planned Gross area of the project 100,000 ha. Balance

43,000 ha was to be implemented during project implementation period. The revised figure of the two

subject which were selected for implementation, which exist in Narail district & some part of

AvoynagarUpazila of Jessore district. Later on, rehabilitation of damages caused by Aila-2009 in the

selected district Khulna and Satkhira in the south-west region was included in the project.The project

covers geographical area of about Gross 1,00,000 ha under original project (Gross 57000 ha. in

ChenchuriBeel&Narail sub-projects) plus emergency additional Gross 74800 ha in four polder under Aila-

2009 rehabilitation works in Khulna &Satkhira districts. The total area of the project implemented is

1,74,800 ha. The main objective of the project is to enhanced livelihoods and livelihoods opportunities

impacted by integrated water resources management (IWRM) as a result of upgraded infrastructures,

increased user participation and improved decentralized service delivery, and strengthening institutional

capacity for planning, implementing, operating, maintaining and monitoring demand driven participatory


IWRM plans.In order to achieve aforesaid objectives, the project includes both institutional and

investment programs those contribute in reducing poverty by securing and environmental conductive to

improve health within project target areas and promoting GoB’s sector reform process through the

establishment of institutional arrangements for participatory project management.Main physical work

component of this project was – Khal Re-excavation, Embankment construction/Re-sectioning,

Construction of New Regulator, Rehabilitation of existing Regulator, Construction of Pipe Inlet/Outlet,

Construction of Bridge & Foot Bridge, River Bank Protection work, Installation of deep tube well&

construction of WMG training center.

Resettlement Need for the Project Rehabilitation of the two sub-projects, (i) ChenchuriBeel Sub-Project and (ii) Narail Sub-Project in Narail

district, under the project will cause adverse social impacts and involve acquisition of 76.92 ha of land

(Chenchuri – 33.97 ha and Narail – 42.95 ha) for construction of project infrastructures. The RPs outlined

measures for mitigation of adverse impact and parameters for entitlement, the institutional framework,

mechanisms for consultation and grievance resolution, cost estimates, implementation time frame, and

monitoring and evaluation. A detailed socioeconomic survey of the affected population was therefore

required to prepare RPs. At the very outset of the project due severe erosion, embankment at Noagram

and Chander Char engulfed and retired embankment at the 2 site were to be constructed totaling 2.266

km of embankment along with riverbank protection works taken up to stop further engulfment of the river

at the two critical places.

Involuntary Re-settlement Safeguard:

During the PPTA this project was categorized as “A (Red)” under Environment Category of ADB. But

during the implementation of the project no major environmental adverse effect was observed. For retiring

embankment at two places under CBSP, namely Chander Char-a length of 1.410 km and Noagram-a

length of 0.856 km, construction of 0.856 km, totaling 2.266 km was required on emergency basis, for

which Resettlement Plan was prepared was essential. The resettlement issues were addressed properly

as per ADB’s standard guideline. During the resettlement period, Mr. B Debnath of ADB HQ and Mr.

ShahidulAlam Sr. Safeguards Officer (Resettlement) of BRM visited the site and found that the RP was

being followed as per ADB’s Guidelines. In his report he recommended that “IRsafeguard categorization

needs to be downgraded to “B” because in both projects the affected persons have been only

economically partially affected. In case of NSP, RP was prepared for re-sectioning initially a 2 km.

stretch of embankment at Siddipasha (Jessore district, AbhoynagarUpazila)by duly compensating 4

temporary shop owners as per ADB Guidelines. Resettlement plan for a length of 19.02 km (covering 5

stretches) in CBSP and in NSP for a length of 11.09 km in NSP (including 2.00 km.already re-sectioned)

were prepared which was approved by ADB during 2011.

Re-sectioning of embankment actually done under the project at a glance:

i. CBSP: 15.86 km at 14 locations which were found free of any structures/Squatters.;

ii. NSP: 6.60 km at 7 locations which were found free of any structures/Squatters;


iii. NSP:2.00 km near Siddipasha (AbhoynagarUpazila, district Jessoer) following RP compensation

matrix.

iv. NSP: 2.41 km of embankment at Jularkhal along with 1 vent regulator on donated land by the

land owners.

3. The Project

The SWAIWRPM Project is under implementation with financial assistance from the Asian Development

Bank (ADB) Loan No. 2200 BAN (SF) and through a Grant (0036 BAN) of the Government of The Royal

Netherlands. This has been executing two subprojects in compliance with the contract agreement

concluded on 15 January 2007 between the Bangladesh Water Development Board (BWDB) and a

consortium of consultancy firms consisting of DHV BV of The Netherlands, and DevConsultants Ltd.,

Kranti Associates Ltd and DPMC Ltd of Bangladesh (further referred to as “the Consultant”) relating to the

provision of Institutional Strengthening and Project Management related consultancy services for the

“Southwest Area Integrated Water Resources Planning and Management Project”.

The main objective for rehabilitation of the sub-project is to increase agriculture production, farm incomes

and employment opportunities by improving water management facilities and the capabilities of the

beneficiaries to manage the facilities. The improved facilities will be made effective by controlled flooding

and drainage through compartmentalization.

The PPTA Study in phase-II selected Narail Sub-Project (NSP) and ChenchuriBeelSub-Project (CBSP)

for necessary development pertinent to the objectives of the project. The total length of embankment that

surrounded CBSP sub-project is about 90.60 km. and most of the surrounding embankment had already

been converted into paved roads either by R & H department or LGED. A length of 19.02 km. of

embankment left out had been planned to be re-sectioned under the project. The implementation of

Resettlement Plan at 2 places under CBSP (Chander Char &Noagram) for a length of 2.266 km was

taken up on emergency basis to enable construct retired embankment to avert spilling of flood water at

the 2 places and saved ChenchuriBeel Sub-Project. In case of NSP, BWDB constructed 24 km. of

embankment from Siddipasha under AvoynagarUpazila to Shingia under NarailUpazila. LGED

constructed the peripheral embankment to act as rural roads under their normal programme. The project

planned to re-section 11.90 km of embankment since the balance length of embankment was already

paved by LGED. Ultimately BWDB re-sectioned 8.60 km of embankment, since LGED took up the

remaining length of the peripheral embankment to pave for constructing rural roads. Further 2.41 km of

retired embankment was built under NSP as per public demand on donated land at Jularkhal as the

embankment originally constructed by the local people on self-help on their lands earlier eroded due to

erosion of Afra and the area started suffering from tidal saline inundation.


There was no major activity of concern on resettlement during the extended period 2014-15 as the work

involved only re-excavation of Khals and only 7 nos. Training Centers have constructed on lands donated

by the WMG members themselves with resolution by themselves for their own benefits. The figures and

achievements are therefore same as reported in the Quarterly Report of June, 2013 and is the final figure

for the project.

The figure below shows the two Sub-Projects, namely ChenchuriBeel Sub-Project and Narail

Sub-Project.


Figure: Map showing implemented ChenchuriBeel Sub-project and Narail Sub-project


4. Social Safeguard Issues

The project complied with the procedures for involuntary resettlement. Land Resettlement Plans was

prepared wherever land is acquired for new constructions (like retired embankment at Chanderchar and

Noagram) or whenever dwellers (on BWDB property) need to be relocated in the context of re-sectioning

of embankment (planned in both NSP and CSP).

A resettlement framework had been prepared, including an “Entitlement Matrix” to ensure that if

resettlement needs were identified the project followed the procedures for involuntary resettlement in

compliance with GOB applicable laws and regulations and existing ADB policies on “Involuntary

Resettlement (1995)” and the “Handbook on Resettlement (1998)”. In any case, the identification of the

affected populations and consultations with them have been conducted as a routine activity of local

people consultation process, mainly by the BWDB officials in cooperation with the other relevant

government agencies. Consultants assisted systematically in all cases (but are obviously not entitled to

do any negotiations with the local people).

Government of Bangladesh also issued office order for formation of different committees containing their

composition tasks as follows (Annex-1)

1. Joint Verification Team (JVT)

2. Property Valuation Advisory Team (PVAT)

3. Grievance Redress Committee (GRC)

5. Implementation of Resettlement Plan

A. Emergency retired embankment at Chanderchar (1.410 km) and Noagram (0.856 km)

totaling 2.266 km under ChenchuriBeel Sub-project (CBSP).

The land on the proposed location of the emergency retired embankment at two locations had been

acquired by BWDB. A LRP was prepared (2008) during the acquisition process and after approval by

ADB it was implemented by an NGO named Bartika Beacon Consultancy services limited (BBCS): [June

2008-July 2009]. After the NGO completed its assignment there were a number of payments due. They

were delayed because of change of ownership, departure of an owner and demise of an owner plus

Person Month exhausted for delay in preparing compensation list by DC;s office because of complicacy

mainly on mutation and succession problems.


(a) Payment of Land Acquisition by DC As of 30-06-2015

Nr. Eligible

Persons Total

Nr. Eligible Persons Paid

Nr. Eligible Persons

Partially Paid

CCL Amount payable [BDT]

CCL Amount paid [BDT]

Fin. Progress

in %

NSP

CSP/Noagarm 30 30 - 3853289.00 3853289.00 100.00

CSP/Chanderchar 32 32 - 2283821.05 2283821.05 100.00

Total 62 62 - 6137110.05 6137110.05 100.00

(b) Payment of compensations by BWDB (Resettlement benefits by BWDB)

Nr. Eligible

Persons Total

Nr. Eligible Persons Paid

Nr. Eligible Persons Partially

Paid

Amount payable [BDT]

Amount Paid [BDT]

Fin. Progress in

%

NSP

CSP/Noagarm 37 36 - 809602.00 799810.00 98.79

CSP/Chanderchar 50 50 0 3992150.64 3992150.64 100.00

Total 87 86 0 4801752.64 4791960.64 99.80

Note: Noagram Case

One person ID No. 102#0039 have succession problem. He is not interested to get succession certificate from the court. To hand over the cheque this certificate is necessary.

Note: Chanderchar Case

.

B. Re-sectioning and retiring of embankment.

I. ChenchuriBeel Sub-project:-Out of about 90.60 km of peripheral embankment, Most of the peripheral

embankment had beenbrought shape under FFW programme under O & M head, and at many places

either R&H or LGED paved the embankment including re-sectioning to fit with the traffic movement.

Therefore, RP prepared for 19.02 km at 5 locations

(RP report was published at a later date incorporating comments from ADB and others)

(i) Islampur to Chander char-4.47 km

(ii) Burikhali (Noagram)-0.70 km

(iii) BazeBabra to Burikhali-7.06 km

(iv) Satbaria to Pateswari-4.65 km

(v) Purulia to Bagdanga-2.14 km


From project point of view, where the embankment was found free of any squatters/structures, those

stretches were identified by the RP Consultants at 14 locations for a total length of 15.86 km and those

stretches were re-sectioned under the project and re-sectioning without going through the process of

resettlement issues (see Annex-3).The rest of the length beyond 15.86 km, i.e.,3.16 km was re-sectioned

and paved by LGED under their own programme of rural road construction financed by GoB.

II. Narail Sub-project-In June, 2011 RP was prepared for 11.90 km out of the total embankment

constructed under NSP which was for a length of 24 km (Singa to Siddipasha) at 5 locations that needed

re-sectioning.

(RP report was published at a later date incorporating comments from ADB and others)

(i) Km 1.25 to 1.735=0.485 km

(ii) Km 1.801 to 4.616=2.815 km

(iii) Km 5.871 to 6.671=0.80 km

(iv) Km 16.20 to 22.00=5.80 km

(v) Km 22.00 to 24.00=2.00 km

For the stretch Km 22.00 to km 24.00, the 2.00 km length of embankment near Siddipasha was re-

sectioned by compensating 4 nos. temporary shops and vacated by the squatters following resettlement

framework.

From project point of view, where the embankment was found free of any squatters/structures, those

were re-sectioned under the project for a length of 6.60 km.(at 7 locations).

The rest of the length was re-sectioned and paved by LGED under their ownprogrammeof rural road

construction financed by GoB.

III. JularKhal: Under NSP, outside and adjacent to Subunit boundary of Barendra Scheme, local people

earlier by themselves constructed a regulator and about 2.00 km of embankment to protect their land

from tidal & saline inundation along with fish culture in the bounded land area.During 2012, the river Afra,

eroded as a result of which the embankment engulfed into the river, along with failure of the one 1-vent

regulator (as built by them, that did not provide cut-off wall and hard and loose apron to dissipate energy

as designed by BWDB), the land were being damaged by saline intrusion and the fish farming being done

by them suffered. They approached BWDB in a participatory way as per project concept, so that their

crops and cultured fish are saved, to build retired embankment and a regulator for their benefit. Since

land acquisition plus resettlement issues, it would not had been possible for BWDB to meet their demand

when the project at its ending stage. The land owners then committed to provide land for the regulator

plus retired embankment through donation, confirmed by signing in the Judicial stamp. This was brought

to the notice of ADB and as agreed by ADB, 2.41 km of retired embankment and one vent regulator as

per BWDB design was constructed on donated land giving benefit to the people living in the threatened


area is a good example of participatory approach.(see Annex-4).The additional area attached to SWN-9

(Barendra Scheme) has been included under subunit SWN-9 with a bigger area as agreed by GoB and

ADB.

6. ADB Safeguards Review Mission at Chander Char and Noagram

A safeguard review mission comprising Mr. BiswanathDebnath, Senior Social Development Specialist

(Safeguards) of ADB HQ Manila and Mr. Shahidul Alam, Sr. Safeguards Officer (Resettlement) of BRM

visited the project on 10 March, 2011 at Noagram and Chander Char sites where resettlement plan was

implemented. The Mission expressed their satisfaction about the implementation of the plan. The Mission

leader Mr. B. Debnath submitted his report dated 10 March 2011 and overseeing the interventions and

category of work involved recommended to downgrade the project status to Category B because the

affected persons have been only partially affected (see Annex-6: para 23). The mission however

suggested to engageindependent reviewer to review the RP implementation done by NGO. Accordingly,

an Independent Reviewer Mr. SiddiqurRahman Majumdar was engaged by ISPMC who submitted the

report in December, 2011 which was reviewed by ADB and on that basis the final report was prepared in

March, 2012 and furnished to all concerned.

Some issues pointed out earlier by BRM ADB are clarified below:

I. Delayed and inadequate payments:

There was delay at the beginning of RP Implementation due to official procedure in DC’s office. However

the issue was resolved with proper monitoring and pushing by RP implementing consultants as well as

from EA for payment under CCL. The additional payment (resettlement benefits) was dependent on the

payment of DC as a confirmation of the proper ownership and on getting it immediately the additional

payment was made. Delay also caused due to matching photo copies with cadastral maps available with

SC’s office (see para 20 of Mr. B. Debnath’s report). The delay was also due to leaving of RP

implementation NGO Bartika Beacon Consultancy services limited at the mid of disbursement of

compensation because of exhaustion of their person month as the delay was due to mainly delay in DC’s

office that need proper documentation in giving CCL. The benefits due to the Entitled Persons are also

dependent on CCL payment as a proof of real ownership. As such the NGO could not be penalized.

II. Weak consultation

Consultation with the land owners and PAPs was sufficient and the PAPs were convinced about the

resettlement issues as it could be understood from the fact that no grievances were raised by any corner.

Only one NGO, UlashiShreejoniSangstha, who could not get the NGO contract played strong negative

role against the project, but ultimately they had to back away when they failed to answer the question

raised against their hue & cry that the project did not cause any havoc like KJDRP for the last 30 years,


how just repairing of gates and re-excavating the silted up drainage canals will cause serious havoc. After

that they could not further proceed against implementation the project. The people were also convinced

about good effect of the project they came in favor of the project implementation. Since there was strong

consultation with the land owners and stakeholders, the progress could move ahead. RP implementation

at two locations was successfully carried out.

Out of 87 Entitled Persons, 86 were paid. According to R,P the land owners who lost their land are

entitled to get additional money for stamp duty and land registration fee for purchasing new lands

elsewhere. But due to complication in the process of documentation for registration, wastage of time, long

distance to be travelled for Land & Registration office and small amount involved, most of the affected

persons did not apply for this benefit. Only two persons applied for it. One Mr. Sardar Mohammed Ali,

who produced proper documents and evidence that he purchased land after getting CCL, he was paid the

amount. Another person named, Krishna Roy Biswas applied but evidence showed that he purchased

land before receiving of compensation under CCL, so he was not paid the additional money under RP.

III. Lack of income restoration measures

Some affected persons were included in WMG trainings and Income Generating activities and thereby

gained knowledge (capacity building) as well as economic gain. Some persons were engaged with the

bank revetment works as laborer and financially benefitted. A pond created along new embankment and

old embankment along with borrow pit that created the pond at Chanderchar was handed over to the

Affected People for fish culture for increasing their income (see para 16 of report of Mr. B. Debnath-

Annex-6).

IV. No record of GRC meeting. Though GRC was established as per MOWR, no complain was received because of good payment,

relieved from land erosion, flooding & saline inundation, having a win-win situation as certified by BBCS,

the implementing RP engaged by ISPMC (see Annex-2).

V. Lack of verified and updated baseline data

This report on resettlement issue related to land compensation payment progress had been regularly

reflected in the quarterly progress reports till June 2012 as all payment was completed. After the

completion of all payments (except the one refused by one affected person for small amount compared to

the complex time consuming payment system), the reporting on LA issues was dropped.


Conclusion: This RP covers compensation and resettlement assistance for households, business

structures and other lost assets in connection with the resectioning/retired embankment under

chenchuribeel sub-project&Narail Sub Project. Mitigation of loss of assets and livelihood is the main focus

of the Resettlement Plan. Resettlement Plan should be implemented as per resettlement frame work and

compensation policy so that the project affected persons must not be worse off than his present social &

economic status due to the project because of shifting to other places and relocation. In this project, the

design, compensation, relocation options, benefits and adverse social impacts were discussed with the

affected persons and their community. Stakeholders were asked for their views on the project overall as

well as more specific discussion about occupying the government land, compensation process, relocation

requirements, and views on alternative options. Women and other vulnerable groups were also consulted

concerning the specific project impacts and their livelihood aspects.UnderSouth West Area Integrated

Water Resources Planning & Management project, Resettlement Plan was successfully applied.

Recommendation: It is recommended that in future in the Project Management Office (PMO), a

position be created who will monitor and record the RP implementation process whether the land has

been made free by paying due land compensation plus additional benefits paid due to shifting to the land

owners whose land will be acquired for construction of new/retired embankment and also to the squatters

who took shelter on the embankment (squatters) for re-sectioning/construction of the embankment.The

RP implementation monitoring will be done internally to provide feedback to BWDB upon monitoring and

evaluation reports and other relevant data to identify any action needed to improve resettlement

performance or respond to the changing circumstances.BWDB as the Executing Agency (EA), through

the Project Management Office, will establish a monitoring system involving the XEN, SMO, and the

ISPMC for collection, analysis, reporting and use of information about the progress of resettlement, based

on the RP policy. The EA will report to the ADB on resettlement and income regeneration by DPs in the

reports, including identification of significant issues.


Independent Reviewer’s Major Findings are shown (for detailed report see Annex-6) According to the LRP, the Ministry of Water Resources through the Bangladesh Water Development Board (BWDB), the Executive Agency (EA) is responsible for implementation of the LRP through setting up of a Resettlement Unit (RU) within the Project Management Office (PMO). The RU under the Project Director will undertake day to day activities with the appointed NGO and Consultants. The PMO will have one senior Executive Engineer as the CRO who will supervise implementation work supported by the Consultants. At field level, Resettlement Coordinator (RC) assigned for ChenchuriBeel Sub-Project Management Office (SMO), Narail, will undertake day to day activities with the appointed IA. Information on the affected lands and affected persons are shown in tables below as observed by the Independent Reviewer.: Table: Land Acquisition and associated impacts. Location Name of of

Intervention Quantum of land acquired

No. Irrigation structure (STW) affected

Affected Trees

Affected HH

Total Population affected

Noagram Retired Embankment

2.559 ha 1 98 32 170

Chanderchar Retired Embankment

4.137 ha 2 - 64 268

Total 6.696 ha 3 98 96 438

Table: Impacts on HH and extent of losses by land holding size

Land holding size (acre)

Chanderchar Noagram Total

HHs own land

HH’s losing land

HHs losing more than 10% land

HHs own land

HH’s losing land

HHslosing more than 10% land

H.Hs own land

HH’s losing land

HHs losingmore than10% land

0.01-0.05 - 6 - -

5 - - 11 -

0.06-0.10 - 11 -

2 - 13

0.11-0.25 - 8 - - 17 - - 25 -

0.26-0.50 - 3 - -

5 1 - 8 1

0.51-1.00 5 8 1 10 3 7 15 11 8

1.01-1.50 8 1 2 6 - 3 14 1 5

1.51-2.50 10 - 4 12 - 5 22 - 9

2.51-5.00 9 - 4 2 2 11 6

5.01+ 5 - 1 2 7 1

Total 37 37 12 32 32 18 69 69 30

source: socioeconomic survey, February 2008 The LRP has made provision for assistances to the HHs displaced from the ROW and to those who lost sources of livelihood.


Table: Occupation Profile of APs Occupation Location Both

Chanderchar Noagram

Head of household

Population Head ofhousehold

Population Head of household

PopulationM F Total M F Total M F Total

Agriculture 29 (45.3) 44 01 45 16 (50.0) 24 00 24 45 (46.8) 68 1 69(15.7)

Share- cropper 27 (42.2) 27 0 27 0 0 0 0 27 (28.1) 27 0 27(6.2)

Service 0 8 1 9 4 (12.5) 7 0 7 4 (4.2) 15 1 16(3.7)

Business 7 (10.9) 17 0 17 6 (18.7) 9 0 9 13 (13.5) 26 0 26(5.9)

Household Works

0 1 72 73 0 0 43 43 0 1 115 116 (26.5)

Driver 0 0 0 0 1 (3.1) 1 0 1 1(1.1) 1 0 1(0.2)

Rickshaw puller

1 (1.6)

1 0 1 0 0 0 0 1 (1.1)

1 0 1 (0.2)

Teacher 0 0 0 0 2 (6.3) 2 0 2 2 (2.1) 1 0 1(0.2)

Dependent 0 4 4 8 0 3 1 4 0 8 5 13 (3.0)

Children 0 11 12 23 0 5 11 16 0 16 23 39(8.9)

Student 0 40 24 64 0 30 21 51 0 70 45 115(26.3)

Others 0 1 0 1 3 (9.4) 11 2 13 3 (3.1) 12 2 14(3.2)

All 64 (100) 154 114 268 32 92 78 170 96 (100) 246 192 438(100)

Source: Socio-economic Survey, February. 2008 (Figures in parenthesis indicate percentage Table: Economic Profiles of APs

Household in

Level of Income Chanderchar Noagram Total

< 2500 2 2

2500 — 3600 18 2 20

3600 - 5000 18 3 21

>5000 26 27 53

All 64 32 96

Figure: Map of the Sub-Project area

Objectives of the review: The overall objectives of this rehabilitation are to enhance economic growth The following are Resettlement Assistances:

• Additional Grant for land to ensure replacement market value of land • Refund of Registration Cost • Cash grant equivalent to one year’s net income from asset to be determined by PVAT to the

cultivator(s)

• Cash grant equivalent to one year’s rental income to the owners of Associated land/structure assessed by PVAT

• Three years Cash grant of Tk. 300 per decimal as transition allowance to land owner-cultivators • Three years Cash grant of Tk. 300 per decimal as transition allowance to tenants/share-croppers • Additional Cash grant of Tk. 5000/= to head of affected HHs (Vulnerable). • Training allowance and credit facilities under Income Generation Program (IGP) • Support for Income and Livelihood Restoration (ILR) Program.


The progress of payment of Resettlement Benefits covering above Grants (Resettlement Benefits) is shown below:

Reasons for non-payment of few Resettlement Benefits In Noagram Section, only one EP is unpaid due to succession problem arising from the death of father in case of one EP; he first tried to obtain certificate from the Court. SDE, CBSP advised him he can get it from court. Later on he became reluctant on solving the issue. SDE, CBSP several times asked him if he has collected succession certificate from court. Then the EP refused to collect succession certificate and refused to get the resettlement benefit. In Chanderchar Section, all the EP’s have been paid resettlement benefit. One EP submitted registered deeds after buying land with resettlement benefit and claimed stump duty and land registration fee. His claim was considered as per approved Resettlement Plan (RP) and he was paid accordingly. Some major observation made by the Independent Reviewer and updated status to date are stated below:

1. The achievement in disbursement of CCL is 100%in both financial and physical terms, while in case of Resettlement Benefits it is 99.80% in financial terms and 98.85% in physical terms.

2. The BWDB is further committed to provide equivalent land nearby or the replacement value to the Affected Persons and provide assistance to APs for betterment of their economic condition .

Note: Because of engulfment of the embankment adjacent to their land at the two places, the construction of the retired embankment was felt by all the beneficiaries of the project including the APs as an immediate measure for their survival, and the construction of retired embankment everybody were satisfied including the APs and as such no social problem arose and the concern did not arise. 3. To sum up, the economic condition of the APs shows upward trend in Post-work situation.

According the Pre-work survey, majority APs (55.2%) were well off having maximum income more than Tk 5000/month. In Post-work survey, 65% of the APs against 55% in Pre-work occupied the status of highest income group of above Tk. 18,500/= PM in case of Noagram and Tk. 9,300/= PM in case of Chanderchar against Tk. 18,200/= and Tk. 6,500/= PM respectively (on an average) in pre-project situation.

4.Lessons Learned:

a. River erosion victims are very much vulnerable and delay in disbursement of compensation to

certain extent frustrates the objective of resettlement. So timely disbursement and whole payment (CCL and RB) at a time before displacement are must.

b. Approval of Resettlement Plan (RP), Land Acquisition (LA) Plan, constitution of different Committee/ Teams, approval of Compensation Budget and release of compensation fund should take place as per schedule.

c. Land acquisition schedule should synchronize with the resettlement program so as to ensure

disbursement of compensation both CCL and Resettlement Benefit almost simultaneously for enabling EPs utilize the total compensation money prudently for replacement of lost assets.

d. All stipulations i.e., Tree Plantation, Social Development, Income Generation, etc Programs need to be clearly and fully expressed , their implementation emphasized and mandated in the Plan.


e. Systems need to be evolved to ensure that the Entitled Persons (EPs) both titled and non-titled are paid their entitlements at a time before their displacement from the site.

f. Dispute resolution mechanism through the Grievance Redress Committee (GRC) should be adopted in any future policy guideline to make the implementation of RP transparent and accountable.

g. Formation of Resettlement Advisory Committee (RAC) during implementation stage to involve

APs and various stakeholders in decision making process should also be mandated in the Plan.

h. The Independent Monitor should be engaged in time and the observation made be followed also in time.

Execution of IGP and ILR Program Vis-a-Vis Extension of Operational Period of IA The Implementing Agency (IA) started work on 1.6.08 having been appointed for 12 months. The period expired on 31.05.09 when disbursement of Resettlement Benefits (RB) was not started. It began end July, 2009 although IA submitted indent for RB on 9.04.09 and Technical Proposal on ILR Program on 6.9.09. Therefore, the IA had a good ground to claim for an extension of project period. They submitted an Extension Proposal on 28.06.09 to render assistance in disbursing RB, and execution of ILR Program. . However, time is not yet barred. May the Reviewer recommend execution of the ILR Program with the extension of operational period of IA for another period of six months. Addressing some local Issues The last but not the least, in course of reconnaissance survey, some local issues which need immediate remedial measures came to the knowledge of the Reviewer. The matters although do not come within the purview of the Reviewer’s TOR, yet he is obliged to focus the same to draw the attention of the BWDB Authority. Those already discussed under Para Finding from Discussions, are:

(i) Request for undertaking loop cutting in Noagram “Char”; (ii) Extension of Chanderchar River Bank Revetment work at east end, and (iii) Construction of Flood Protection Embankment from Baraigram Ferry Ghat to starting

point of Noagram Retired Embankment.

Conclusion The review asserts that the disbursement of compensation has generally been successful although some payments are still pending for various cogent grounds and Social Development Program as provided in LRP is yet to be implemented. The implementation is running behind the schedule. The Project further provides several 'best practice' examples in resettlement management by encouraging community consultation and participation of Affected Persons (APs) in decision making process. Mitigation of loss of Assets and Restoration of Livelihood are the main focus of the Resettlement Plan. Social Development Program was there in LRP as an innovative experiment to restore livelihood of APs. Hence it deserves to be implemented. These best practices need to be strongly emphasized and mandated in any future policy development. Some strengths that are core elements of planning and the weaknesses which were badly experienced during implementation as discussed earlier deserve to be noted as 'Lessons Learned' for future and Recommendations there under require to be followed. All these are made to provide feedback into the formulation of new direction and procedures in future resettlement Policy development in Bangladesh.


Over all final status of re-sectioning of embankment leading to its pavement to act as Rural Road connectivity under the project.

CBSP: at five stretches for a length of 15.86 km, where the embankment was declared free of any structure through socio-economic survey and following RF matrix by the RP consultant, were se-sectioned under the project. The remaining portion 3.16 km were carpeted/paved along with strengthening by LGED through GoB fund under their normal rural road construction programme making the subproject a completed..

NSP: out of 11.90 km planned to be re-sectioned, however 2.00 km was taken up during 2011-12 getting the stretch free of occupants by paying compensation based on implementation of RP in CBSP by compensating for removal of 4 nos. temporary shops on the slope of embankment amounting total Tk.53,425.00 Out of remaining 9.90 km. of embankment to be re-sectionedfor a length of 6.60 km stretch, where the land was free of any structure reflected in the socio-economic survey of RP, re-sectioning was carried out under the project. Thus a total of 8.60 km of embankment was re-sectioned under the project. The balance, length was handed over to LGED, who carpeted the top of embankment along with their strengthening under GoB funding under their normal rural road construction programme, and the rural road connectivity had been accomplished.

Annex - 1

Total

not

affected

length

15.86

km

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Annex - 5

Project No. 34418/Loan No. 2200: Southwest Area Integrated Water Resources Planning and Management Project

Safeguard Review Mission

10 March 2011 I. INTRODUCTION 1. An ADB mission, comprising Mr. Biswanath Debnath, Senior Social Development Specialist (Safeguard) and Mr. Md. Shahidul Alam, Project Implementation Officer (Resettlement) of BRM, visited Bangladesh during 5-10 March 2011 to carry out a social safeguard review of (i) Project No. 35242/Loan No. 2188/89-BAN (SF): Gas Transmission and Development Project and (ii) Project No. 34418/Loan No. 2200-BAN: Southwest Area Integrated Water Resources Planning and Management Project and to deliver the involuntary resettlement capacity development training workshop under RETA 6425. The main objectives of the safeguard review were to (i) review the progress of the resettlement plan implementation (including land acquisition issues), (ii) consult with the project-affected persons, and (iii) to assess the degree of achievement of the projects’ involuntary resettlement objectives.

2. Gas Transmission Corporation Limited (GTCL) is the EA for the first project for review and the Bangladesh Water Development Board (BWDB) is the EA for the second project. The mission conducted a kick-off meeting with the GTCL in Dhaka on 5 March 2011 at the GTCL office and with the BWDB representatives on 7 March 2011, also in Dhaka. A meeting with the BRM Country Director was held on 8 March 2011. A list of persons met during meetings (Attachment 1 of Appendix 2) is attached. A checklist for reviewing procedural and substantive compliance is in Appendix 1.

II. GENERAL INFORMATION

3. Documentation Reviewed. The mission reviewed the following documentation prior to and during the mission:

� Resettlement Plans (4) for Project No. 35242-BAN (SF): Gas Transmission and Development Project (3 downloaded from the ADB web site, dated November 2005 and 1 received from the BRM, dated November 2007)

� Resettlement Plans (2) for Project No. 34418-BAN: Southwest Area Integrated Water Resources Planning and Management Project (downloaded the ADB web site, dated June 2005 and also the final Chenchuri Beel RP dated March 2008)

� RRPs of the two projects

� Project Administration Memoranda of the two projects

� BTORs of last OD review missions of the two projects

� Loan Agreements of the two projects

� Implementation of Resettlement Plan Quarterly Progress Report for SWAIWRPM Project: September 2008, December 2008, March 2009, and June 2009 (soft copies received from the consultant)

� SWAIWRPM general QPR, December 2010 (received from the consultant)

III. PROJECTS BACKGROUND 4. Project No. 34418/Loan No. 2200-BAN: Southwest Area Integrated Water Resources Planning and Management Project. This project was approved in 2005. The loan agreement was signed on 10 May 2006 and the loan became effective on 23 August 2006, administered by SAER. The project aims to enhance the performance of existing flood control and

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drainage/irrigation systems with participatory planning; water management organization formation; infrastructure renovation; and agriculture and other support services. The physical completion date of the project is June 2013. The project is categorized as “A” for involuntary resettlement impacts. The project management office is located in Jessore and two subproject offices are in Narail district. The project has two subprojects: Chenchuri Beel and Narail. It will require a total of 56 ha of land for resectioning and realigning embankments and placement of structures. SAER carried out the last review mission in November 2010.

5. Social safeguard issues. The PMO will prepare and submit to ADB an annual report on the land acquisition and resettlement issues. An independent M&E agency will also be engaged to assess performance and impacts. Joint Midterm Review BTOR dated 22 November 2010 attributed project delays to staffing and logistical constraints at PMOs. No monitoring report has been disclosed on the ADB web site despite near completion of all resettlement activities and provisions for internal and external monitoring in final RPs.

IV. PROJECT SITES VISIT 6. The Southwest Water Resources Project. The mission visited the Noagram and Chander Char components of the Chenchuri Beel subproject, where there are some outstanding involuntary resettlement issues. The Chenchuri Beel sub-project interventions require land acquisition for construction of the retired embankment. This construction work will require about 6.70 ha of flood plain agricultural private land to construct the eroded portions at Chander Char and Noagram at the critical reaches on the right bank of River Navoganga. Only 3 private irrigation structures are fully affected and will need relocation. No homestead or commercial structure will require relocation and the impacts are marginal due to agricultural land take. The number of the affected households are 64 (268 persons) in Chander Char component and 32 households (170 persons) in the Noagram component. The mission held meetings with and randomly interviewed the affected persons at both the places.

V. THE MISSION’s FINDINGS

B. The Southwest Water Resources Project

7. The Southwest Area Integrated Water Resources Planning and Management Project has two subprojects: Chenchuri Beel and Narail. The ADB web site has the PPTA stage resettlement plans of the projects, dated June 2005. The mission visited two components of the Chenchuri Beel subproject: Noagram and Chander Char. The resettlement plan was updated in March 2008 and posted on the ADB web site.

1 Except for one resettlement plan (Narail subproject), most resettlement

activities for the Chenchuri Beel subproject has been completed, with delay in making compensation payments to 21 entitled persons.

8. The original resettlement plan of the Narail subproject is undergoing a thorough revision due to changes in the project’s scope. Out of the 24.7 km embankment, 10 km embankment would be excluded from the project scope as the Local Government Engineering Department has already started constructing asphalt pavement over the embankment. Moreover, a 2-km embankment is being considered for re-sectioning of the 1st phase which involves relocation of 4 shops (indicating economic displacement; these are on the BWDB lands). For the remaining 12.7 km, a resettlement plan would be required, which the mission was informed is in progress. SAER carried out a mid-term review mission of the project in early November 2010 which, in its aide-memoire (para. 29) required submission of this resettlement plan by 30 November 2010.

9. With regard to the Chenchuri Beel subproject, the mission was informed that land in the proposed location of the retired embankment has been acquired by BWDB. The resettlement plan (see para. 20 above) was implemented by an NGO, Bartika Beacon Consulting Services (BBCS), between June 2008 and July 2009. After BBCS completed its assignment there were a number of payments due. The mission was informed that these payments were delayed because of change of ownership, departure of an owner, and demise of an owner. Moreover, the mission was informed that at their departure from the project, BBCS did not hand over the database of the affected persons to

1 Technical Report 2-Chenchuri Beel and Narail Subprojects-34418-BAN-RP-02.pdf

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the EA.

10. The mission was informed that in Chander Char resettlement case there were 18 land owners and 3 sharecroppers whose payments were pending. Among the 18 land owners, 14 owners collected their cash compensation under law (CCL) after the departure of BBCS. However, there was no one from the NGO side to collect photocopies of the CCL from them. The Project Director consequently gave this responsibility to a young sub-divisional engineer (SDE) who had the additional responsibility of overseeing the resettlement plan implementation in the past 4 years since he joined the project. This SDE collected the photocopies of CCL from the 14 land owners and the 3 sharecroppers. In the absence of the implementing NGO, on his own initiative, the SDE also prepared ID cards and entitled persons’ (EP's) file of the land owners and sharecroppers. To facilitate the arrangement for paying the assistance amounts from the project, the consultants checked the EP files and team leader of the consultants signed the ID cards. This information has been sent to BWDB’s Regional Accounting Centre for payment by cheques. After receiving the cheques, the subproject management office will hand these over to the entitled persons.

11. The remaining 4 land owners have not collected their CCL from the DC’s office due to mutation problem. The mission was informed that the SDE discussed the issue with Additional Deputy Commissioner (Revenue) and requested him to find a way for resolving the mutation problem and also discussed with the 4 land owners. However, they were found to be reluctant to resolve the mutation problem because of the high costs involved vis-à-vis the compensation amounts for their small land area that is to be acquired.

12. The mission was informed that in Noagram there are 2 compensation cases for land acquisition pending. In one case the problem is to get the succession certificate from Court. The SDE is assisting in this matter and the concerned person is trying to collect it from Court. After getting it, the subproject management office will initiate the process of compensation payment. The second case relates to an absentee land owner who is abroad. In this case too, the SDE, in cooperation with the Chairman of the local upazila, assisting the relations of the absentee land owner to resolve the technical problem and handover the cheque. The mission appreciated the pro-active measures taken by the project staff to resolve the land acquisition issues.

13. The mission learnt that a separate draft resettlement plan was prepared as in November 2010 for resectioning of embankments in the Chenchuri Beel subproject. That report was recently finalized and is now with ADB and BWDB for approval, after which an NGO (not Beacon) would be engaged for implementation of the resettlement. Meanwhile no works have been taken up. The mission advised that once approved by BWDB, this resettlement plan needs to be disclosed to the affected persons and posted on the ADB web site. The consultant also submitted a statement to the mission on segregation of sections of embankment without resettlement issues, countersigned by the project’s resettlement expert.

14. The loan agreement of the project, Clause 30 (v) requires the progress and completion reports on land acquisition and resettlement and the resettlement plan for the Chenchuri Beel subproject mentions that the progress of land acquisition and resettlement will be included in the Quarterly Progress Report (QPR). Indeed, BBCS prepared QPRs for September 2008, December 2008, March 2009 and June 2009 which the project consultant’s team leader provided to the mission. It would be helpful if the ADB project team consider posting these QPRs on the ADB web site. The QPRs provide a summary of the land acquisition and resettlement activities, but have no information on consultation and grievance cases and grievance redress. After the last QPR prepared by BBCS, the mission was informed, reporting on the land acquisition and resettlement plan implementation was through the regular project QPR but this was scanty, partly because the database on the affected persons was not handed over to the EA by the departing BBCS. While the QPRs are submitted to SAER, the mission advised the EA to submit the QPRs henceforth to the BRM as well for safeguard follow up.

15. Grievances. The mission’s consultations at both Noagram and Chander Char confirmed that the affected persons had no grievances regarding the compensation amounts received by them. However, one grievance case came up at Chander Char. A farmer mentioned that he was compensated for the loss of only for 5 decimals of land although he claimed to have lost 15 decimals. The mission learnt that according to the records the compensation for 5 decimals was paid at the time the project had an implementing NGO. When the subproject management office took over the

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responsibility for further implementation of the resettlement plan, it apparently received a statement from the NGO that no complaints were pending. A grievance redress committee was in place and reportedly the consultant’s team leader had attended a meeting in the concerned location back then, but no complaint had been filed with the SDE or consultants, who are reportedly known to the concerned farmer and frequently on the site. The mission advised the SDE to check the background and recommended that the concerned farmer be provided with proper advice on how to handle his complaint. The SDE agreed to comply.

16. Good practice on income enhancement. As part of its objectives, the project has created a unique income enhancement opportunity in the Chander Char area by converting a borrow pit into a community fish pond. The borrow pit was created by the deployment of machinery by the army. The borrow pit has turned into a productive fish pond with assistance of the project, benefiting 234 persons including 32 poor women. This is described in Attachment 2 of Appendix 2.

VI. CONCLUSION AND CORRECTIVE ACTIONS

17. Compliance with resettlement covenants. A review the project activities to date suggests that procedural compliance has been adhered to or in progress. However, substantive compliance is in some cases lacking, especially with regard to the issue of land acquisition.

18. In the case of both the projects under review for safeguard implementation, the mission had reasons to believe that the respective executing agencies did not have a clear idea regarding their responsibilities vis-à-vis the resettlement plans implementation. For example, in the gas pipeline project, the EA engaged the same consultant at the time of physical construction to monitor the implementation of the environmental management plan and the resettlement plans. However, they had no idea that an external monitor for resettlement plan implementation is to be engaged before physical construction because compensation is paid and land is acquired before the physical works. As a result, they missed the monitoring exercise for the implementation of the resettlement plans for the first 3 subprojects.

19. The mission also noted the frequent changes in top officers like Deputy Commissioners as well as project staff according to government rules which, however, often impede the land acquisition and resettlement plan implementation. For example, in the Chenchuri Beel subproject of the southwest water resources project, an executive engineer has been in place since only a few months ago, not yet fully familiar with the safeguard requirements. It is a coincidence that many of the project executing agency officers were invited to the 3-day involuntary resettlement capacity development training workshop on 6-8 March 2011 under RETA 6425. The mission suggests that the ADB project teams, recognizing the DMC’s compulsion in shuffling their staff, take adequate measures to orient the EA’s changing project staff for the safeguard implementation, including project monitoring and reporting. This also includes awareness of the EA project staff that the safeguard related data generated by the implementing NGO belong to the EA that must be deposited by the departing implementing NGOs with the EAs.

20. Another often discussed issue with reference to delay in land acquisition is the dissociation of the land acquisition authorities (the respective Deputy Commissioners, in this case) from the project executing agencies. In the South Asia DMCs the land requiring project executing agencies, per their relevant laws, send requests for land acquisition to the land acquisition authorities. Not being a part of a project, the latter are not active stakeholders and do not necessarily have the same urgency for a successful project completion as the former. The land acquisition authorities go about their business in a routine manner and the land acquisition process often takes years to complete. Some of the reasons for the delays, as the mission learnt, include the unavailability of the cadastral maps for the project design engineers who use photocopies of the cadastral maps. When superimposed, often the photocopies do not match with the original cadastral maps available with the DC’s offices. This exercise results in painstaking corrections carried out in the field and inordinate delays.

21. While converting the land acquisition authorities into active stakeholders for a development project requires institutional and legal reforms in the relevant DMCs, the mission suggests that ADB projects include these authorities in their terms of reference as active partners, which may yield better results regarding land acquisition than found at present.

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22. The mission proposes that both SAER and BRM demand a fixed date of BWDB and GTCL, respectively, to resolve the land acquisition issue and if necessary, further extend the project completion date to facilitate the social safeguard compliance. It is recognized that both BWDB and GTCL have no control over the land acquisition process which is carried out by the Deputy Commissioner’s Office, but they should closely liaise with the Deputy Commissioner’s office to resolve the issue of compensation.

23. Last but not the least, while both the projects under review are categorized as “A” for involuntary resettlement impacts, having seen the implementation firsthand the mission believes that the IR safeguard categorization needs to be downgraded to “B” because in both projects the affected persons have been only economically partially affected. As safeguard categorization is an ongoing process, the mission urges the respective ADB project teams to review the existing categorization against the finalized data and to recategorize the projects.

Annex -6

Southwest Area Integrated Water Resources Planning and Management Project

(SWAIWRPMP)

Review Report on

The Implementation of Land Resettlement Plan

of CHENCHURI BEEL SUB-PROJECT

December 2011 Prepared & submitted by Md. Siddiqur Rahman Mazumder, Independent Reviewer.

Annex -6

Dhaka, December 31, 2011 The Deputy Team Leader ISPM Consultants SWAIWRPMP House#320, Road No# 21,

Mohakhali New DOHS, Dhaka. Subject: Submission of Review Report (2nd Draft) on the Implementation of Land Resettlement Plan under Southwest Area Integrated Water Resources Planning and Management Project (SWAIWRPMP) by the Independent Reviewer. Dear Sir,

I am obliged to submit herewith 3 copies of the Review Report on the Implementation of the Land Resettlement Plan, Chenchuri Beel Sub-Project under the SWAIWRPMP. The Report is prepared on the basis of the Scope of Services and Terms of Reference agreed by us and later on, modified taking into the view the comments made by the Deputy Team Leader, ISPM Consultant. With kindest regards, Sincerely Yours, (Md. Siddiqur Rahman Mazumder) Independent Reviewer 43/1, Sukrabad, Dhaka 1207. Telphone-8122234 CC to: The Project Director, Project Management Office.

Annex -6

Table of Contents

Sl. No. Page No.

Acknowledgement

Abbreviation

Executive Summary i-iv

Topics

Section-I Introduction 1

1 Preface 1

2 The Project 1

3 Resettlement Programs and Policies 3

4 Scope and Objectives of the Review 4

5 Methods applied in the Review 4

6 Outlines of the Report 5

Section-II Project Impacts and Mitigation Measures 5

7 Land Acquisition and Project Impacts 5

8 Project compensation Policies and Mitigation Measures 8

9 Disbursement of Compensation 10

Section-III Focus Group Discussions in Sub-Project areas 12

10.1 Focus Group Discussion 12

10.2 Findings from Discussions: 16

Section-IV Review of Resettlement, Delivery Mechanism, Effectiveness and Efficiency 18

11.1 Resettlement of Affected Persons 18

11.2 Delivery Mechanism 19

11.3 Effectiveness and Efficiency 21 Section-V

Review of overall Implementation Performances, Lessons Learned and Recommendations 23

12 Post Resettlement Impacts on APs 23

13 Lessons Learned 24

14 Recommendations 26

Section-VI

15 Conclusion 29

List of Tables

Table 1: Key Impacts as per SES

Table 2: Land Acquisition and Associated impacts

Table 3: Impacts on HH and extent of losses by land holding size

Table 4: Occupational Profile of APs

Table 5: Economic Profile of APs

Table 6: Progress of payment of Cash Compensation under Law (CCL)

Table 7: Progress of payment of Resettlement Benefits

List of Annexure(s)

Annexure-I Payment Statement collected from the office of the Consultants

Annexure-II Internal RP Implementation Monitoring Format suggested by the Independent Reviewer

Annexure-III Post Work Sample SES script Format

Annexure-IV Attendance Sheet of the participants present in the Focus Group discussion meetings

Annexure-V Internal Monitoring Format used in the Quarterly Progress Report by IA

Annexure-VI List of unpaid EPs

Annex -6

List of Figures

2.1 Map of Project Area

8.1 Loss and Entitlements of APs

Annex -6

Acknowledgement

I feel pleasure to express my satisfaction for being associated with the Review on the Implementation

of Land Resettlement Plan, Chenchuri Beel Sub-Project under SWAIWRPMP. I gratefully owe to the

ISPM Consultants; specially Mr. Md. Ataul Haq, Deputy Team Leader and Mr. Sultan Mahmud Khan

(Prince), Manager, Liaison office who kindly offered me the scope to assume the responsibility of the

Independent Reviewer to review the implementation of the Project and made available all the

pertinent documents for my study. I am also grateful to the Bartika Beacon Consultancy Services Ltd.

(BBCS), the Implementing Agency for helping me with project records. I am, however, delighted to

say that I have accomplished the task with the assistance of my helping hands who have worked with

me all the time.

Engineer Md. Manirul Islam, Executive Engineer, SMO, Chenchuri Beel Sub-Project, Mr. Hasan

Mahmud, SDE, CBSP, BWDB, Narail and other officials kindly favoured me informal meetings with

them to discuss issues relating to implementation of the Plan and provided insights into many aspects

of civil works. I am indebted to all of them.

Finally I shall be failing in my duty if I do not express my gratitude to Mr. Md. Ataul Haq, DTL and

Sarker Muhammad Ramjan Ali, Team Leader, CCDB Resettlement Unit who have kindly gone

through the draft and shared valuable inputs for its modification under tremendous time pressure.

Annex -6

Abbreviation ADB : Asian Development Bank APs : Affected Persons BBCS : Bartika Beacon Consultancy Services Ltd. BWDB : Bangladesh Water Development Board CCL : Cash Compensation under Law CBSP : Chenchuri Beel Sub-Project DC : Deputy Commissioner EP : Entitled Person EP : Eligible Person FG : Focus Group FGD : Focus Group Discussion GOB : Government of Bangladesh GRC : Grievance Redress Committee HH : Household IA : Implementation Agency IGP : Income Generation Program ILR : Income and Livelihood Restoration (ILR) Program INGO : Implementing Non-Government Organization IWMP : Integrated Water Management Plan ISPM : Institutional Strengthening and Project Management Support JVT : Joint Verification Team LRP : Land Resettlement Plan LAO : Land Acquisition Officer OE : Old Embankment MARV : Maximum Allowable Replacement Value NGO : Non-Government Organization PAP : Project Affected Person PD : Project Director PMO : Project Management Office PVAT : Property Valuation Advisory Team RAC : Resettlement Advisory Committee RF : Resettlement Framework ROW : Right of Way RAP : Resettlement Action Plan RB : Resettlement Benefit RC : Resettlement Coordinator RU : Resettlement Unit SDE : Sub-Divisional Engineer SES : Socio-economic Survey SMO : Sub-Project Management Office SP : Sub-Project SWAIWRPMP : Southwest Area Integrated Water Resources Planning and Management Project TG : Transfer Grant TOR : Terms of Reference UP : Union Parisad Exn. : Executive Engineer

Annex -6

Executive Summary

1. Introduction

Md. Siddiqur Rahman Mazumder, 43/1, Sukrabad, Dhaka 1207, undertook review of the implementation of the Land Resettlement Plan (LRP) of the Chenchuri Beel Sub-Project under the Southwest Area Integrated Water Resources Planning and Management Project (SWAIWRPMP) having been engaged as an Independent Reviewer on an agreement with the Project Authority and formally commenced the review work on 23.10. 2011. Earlier, the Bartika Beacon Consultancy Services Ltd. (BBCS), the Implementing Agency (IA) was entrusted by the Project with the implementation and internal monitoring of the Land Resettlement Plan for a Period of 12 months on May 28, 2008. They started the work on June 01, 2009. This ‘Review Report’ is prepared as per ‘Scope of Services’ and the Terms and Reference (TOR) based on secondary data appeared in the following documents; and information contained therein,

• Land Resettlement Plan, Chenchuri Beel Sub-Project, April 2008

• Quarterly Progress Reports prepared by IA

• Monthly Progress Reports prepared by ISPM Consultants

Further, the inputs from the discussions with the various Stakeholders, and the findings of Focus Group Discussion (FGD) Meetings held at Noagram and Chanderchar Sub-Project areas have been used to assess the impacts of involuntary resettlement and sustainability of resettlement program and write this Review Report.

2. The Project:

a. Project Description The Southwest Area Integrated Water Resources Planning and Management Project (SWAIWRPMP) located in southern western region of Bangladesh is extensively covered by existing embankments systems constructed by BWDB. It includes Chenchuri Beel Sub-Project (SP) which covers Narail, Lohagara and Kalia Upazila under Narail district undertaken for rehabilitation /construction of Retired Embankments and Revetment at Chanderchar and Noagram areas. The Project has three components: i. Integrated Water Management Plan (IWMP) preparation; ii) Sustainable and productive water resources management through IWMP implementation; and iii) Institutional Strengthening and Project Management

b. Objectives The overall objectives of this rehabilitation are to enhance economic growth and reduce poverty in the selected areas; broadly to increase agricultural production, farm income and employment opportunities by improving water management facilities and capabilities of the beneficiaries to manage facilities. Under the program, a total of 100,000 ha of existing Sub-Project areas (FCD/1) including 57,000 ha (revised 38,903 ha) occupied by aforesaid Narail and Chenchuri Beel SPs was estimated to be restored to full productive level. Further this would result in increased income and employment opportunities for landless, marginal and small farmers from enhanced agricultural and fish production to be achieved through drainage improvement, control flooding , year-round water management and adoption of modern agricultural know- how in the field.

Documents

BAN: Southwest Area Integrated Water Resources ......built embankment and a sluice (locally built), due to erosion in Afra river bank, collapsed and the local people requested BWDB