Involuntary Resettlement Assessment and Measures Resettlement Plan HARKAPUR- OKHALDHUNGA TABLE OF CONTENTS Contents Page List of Abbreviations iv Definition v Executive Summary vii

Involuntary Resettlement Assessment and Measures

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

Resettlement Plan for Harkapur-Okhaldhunga Road Document Stage: Final Project Number: 44143 August 2010

NEP: Subregional Transport Enhancement Project

Prepared by Department of Roads, Ministry of Physical Planning and Works.

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Resettlement Plan HARKAPUR- OKHALDHUNGA

TABLE OF CONTENTS Contents Page List of Abbreviations iv Definition v Executive Summary vii 1.0 PROJECT DESCRIPTION

1.1 Project description 1 1.2 Measures to avoid or minimise resettlement 2 1.3 Land acquisition and resettlement 3 1.4 Objectives of the resettlement plan 3 1.5 Methods of study 3

1.5.1 Research Methods 3

2.0 SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4 2.1 Scope of land acquisition 4 2.2 Project benefits and impacts 4 2.2.1 Project displaced households 4 2.2.2 Impacts on socially vulnerable groups 8

2.3 Indigenous people 9 2.4 Mitigation measures 9 3.0 SOCIOECONOMIC INFORMATION AND PROFILE 11

3.1 Socioeconomic profile of the project area 11 3.1.1 Social profile 11 3.1.2 Economic profile 11 3.2 Poverty incidence 12 3.3 Socioeconomic profile of the households 12 3.3.1 Social profile 12 3.3.2 Economic profile 15 3.3.3 Poverty status 16 3.3.4 Main income earners 17 3.4 Gender impacts of the subproject 17 3.4.1 Gender status 17 3.4.2 Education status of women 18 3.4.3 Ownership of property 18 3.4.4 Women’s work participation 18 3.4.5 Mobility pattern 18 3.4.6 Decision making status 19 3.4.7 Subproject impacts on women 19

4.0 INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 20 4.1 Introduction 20 4.2 Methods of public consultation 20 4.3 Consultation-scope and issues 21 4.3.1 Scope of consultation 21 4.3.2 Feedback from the consultations 21 4.4 Disclosure of RP 26 4.5 Plans for future consultation and participation 26

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5.0 GRIEVANCE REDRESS MECHANISMS 27

5.1 Government policy for grievance redress 27 5.2 Proposed grievance redress mechanism 27

5.2.1 Grievance redress 27 5.2.2 Grievance redress procedure 27 6.0 LEGAL FRAMEWORK 30 6.1 Legislation 30 6.2 The Constitution of Nepal 30 6.3 Land Acquisition Act 2034 (1977) 30 6.4 ADB resettlement policy 30 6.5 Nepal and ADB Resettlement policy differences 31 6.6 Bridging difference between the government and ADB policy 32 7.0 ENTITLEMENTS, ASSISTANCE AND BENEFITS 34 7.1 Entitlement Policy 34 7.2 Entitlement matrix 34 7.2.1 Loss of land 34 7.2.2 Loss of residential/commercial establishment 35 7.2.3 Assistance to tenants 35 7.2.4 Income restoration assistance 35 7.2.5 Reconstruction of cultural/community structures 35 7.2.6 Unanticipated adverse impact 35 8.0 RESETTLEMENT BUDGET AND FINANCING PLAN 41 8.1 Direct cost 41 8.1.1 Land cost 41 8.1.2 Cost for structures 41 8.2 Indirect cost 41 8.2.1 Assistance to DPs 42 8.2.2 Assistance to vulnerable groups 42 8.3 RP implementation 42 8.4 External monitor 42 8.5 Contingencies 42 8.6 Total cost estimate 43 8.7 Financing plan 43 9.0 INSTITUTIONAL ARRANGEMENTS 44 9.1 Institutional set up 44 9.2 Compensation determination committee 44 9.2.1 Roles & responsibility 44 9.3 Grievance redress committee 45 9.4 Supervision consultant 45 9.5 Staff training at PIU 45 10.0 IMPLEMENTATION SCHEDULE 4 7 11.0 MONITORING AND REPORTING 48 11.1 Internal monitoring 48 11.2 External monitoring 48 11.3 Reporting 48 REFERENCES 49

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LIST OF TABLES Table 1-1: Project Impacts on the Households for Land Acquisition 2 Table 1-2: Types of project impacts 3 Table 2.1: Type of Loss by Locations 5 Table 2-2: Number of Affected People 5 Table 2-3: Extent of Loss of Agricultural Land 5 Table 2-4: Types of assets by loss and structure type 6 Table 2-5: Types of Affected Residential Structures 6 Table 2-6: Extent of Loss of Residential Structures 6 Table 2-7: Ownership Status of the Affected Residential Structures 7 Table 2-8: Construction Type of Affected Commercial Structures 7 Table 2-9: Extent of Loss of Affected Commercial Structures 8 Table 2-10: Ownership Status of Affected Residential cum Business Structures 8 Table 2-11: Vulnerability Status of the DPs of Displaced households 9 Table 3-1: Population Distribution of Affected District and VDCs 12 Table 3-2: Development Indicators of the Subproject Area Districts 13 Table 3-3: Poverty Incidence in Subproject VDCs 13 Table 3-4: Age-wise Distribution of Household Members 13 Table 3-5: Displaced households by Ethnicity 14 Table 3-6: Educational Status of the Respondents of Displaced households 14 Table 3-7: Literacy Status of the Family Members of the Households 15 Table 3-8: Main Sources of Income of Interviewed Households 15 Table 3-9: Breakdown of Economically Active Population by Sex 16 Table 3-10: Average Annual Income of the Displaced households 16 Table 3-11: Poverty Status by Ethnic/Indigenous & Other Caste Groups 17 Table 3-12: Main Earners in the Subproject Area 17 Table 3-13: Gender Development Index (GDI) in Subproject Districts 18 Table 3-14: Illiteracy Rate in the Subproject Districts by Sex 18 Table 4-1: Methods Employed During the Course of Consultations 20 Table 4-2: Consultation Matrix (May-June 2008) 22 Table 4-3: Public Consultation held in different location of Harkapur-Okhaldhunga 25 Table 6-1: Comparison of Differences and Gaps between GON & ADB, SPS 32 Table 7-1: Entitlement Matrix 36 Table 8-1: Total area affected and cost estimate by VDCs 41 Table 8-2: Summary of compensation costs 43 Table 10-1 Implementation Schedule of the Resettlement Plan Implementation 47

LIST OF ANNEX Annex 1-1: Checklist for Public Consultation/ Focus Group Discussion 50 Annex 1-2: Attendance Sheets of the Participants 52 Annex1-3: Photographs 57 Annex 2-1: List of Land Parcel and Name of the DPs by VDC wise in

Harkapur-Okhaldhunga 58 Annex 9-1: TOR of the Social Safeguard Consultant 63

LIST OF FIGURES

Fig. 1-1: Harkapur- Okhaldunga Road Alignment 11 Fig. 5-1: Grievance Resolution Procedure 29 Fig. 9-1 Organizational Framework for Resettlement Activities 46

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LIST OF ABBREVIATIONS

ADB Asian Development Bank CBO Community Based Organization CBS Central Bureau of Statistics CDC Compensation Determination Committee CDO Chief District Officer COI corridor of impact DAO District Administration Office DDC District Development Council DLSO District Land Survey Office DLRO District Land Revenue Office DOR Department of Roads DP displaced person DSC Design and Supervising Consultant EA Executing Agency FY Fiscal Year FGD focus group discussion GDI Gender Development Index GEU Geo Environment Unit GRC Grievance Redress Committee GON Government of Nepal HDI Human Development Index HPI Human Poverty Index HHs households IA Implementing Agency INGO International Nongovernment Organization LARDP Land Acquisition and Resettlement Action Plan MOF Ministry of Finance MPPW Ministry of Physical Planning and Works NA not available/not answered NGO Nongovernment Organization PDP(s) Project Affected Family (Families) PD Project Director, PID PIU Project Implementation Unit PPTA project preparatory technical assistance ROW Right of Way RP resettlement plan R&R resettlement and rehabilitation RS Resettlement Specialist SC Supervision Consultant SPAF severely project affected family SPS Safeguard Policy Statement (ADB 2009) STEP Subregional Transport Enhancement Project VDC Village Development Council ZOI zone of influence

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DEFINITION Compensation: The payment in cash or kind for private property acquired by the government for the project, based on replacement value. Entitled Pe rson (EP): Any person physically or economically displaced as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Corridor of Impact (COI): Minimum width of land required for the construction of roads and provision of shoulder, width plus safety zone on either side of the road. COI is generally within the RoW, except where construction requirements and topography necessitate the acquisition of wider area. Cut-off Dat e: The date of census survey to count the DPs and their affected business and assets. Local Consultative Groups (LCG ): Municipalities/village level committees established to assist the affected population, legally constituted committees for land acquisition and project authorities, monitoring of implementation issues and community reactions and grievance resolution. Poverty Line Income (PLI): The cost of maintaining basic minimum needs. PLIs have been defined by different organizations and the government departments, using factors such as per cDPita calorie requirements and expenditures on housing and other nonfood items. Displaced Person (DP ): Any person including Vulnerable encroachers/squatters, households, business affected by the project through the acquisition of land or other assets or disruption in business irrespective of legal or ownership title. This includes any person whose rights, standard of living, subsistence and income-generating capacity are adversely affected because of the disruption in the acquisition of assets or business, whether full/partial, or permanent/temporary. Rehabilitation: The measures taken to mitigate social impacts, including compensation, resettlement and rehabilitation allowances where required. Replacement Cost: The open/fair market value of a project affected property. For agriculture land, this includes reference to land of equal size, type and productive potential in the vicinity of the affected land and land preparation costs where required. For houses and other buildings, this includes reference to the market price of materials and labor, and the cost of transporting materials to the building site. The replacement cost further includes the cost of any registration and transfer taxes for land and buildings. Right of Way (ROW): It means the land acquired for the project purposes. Titleholder: The person in whose name the project-affected business, land and/or building business is registered and who is authorized to receive the compensation granted for the loss of business or acquisition of the land. Tenant: A person occupying or utilizing buildings of a titleholder/house owner on rent. Vulnerable persons: They are the disadvantaged persons such as disabled, women headed households, handicapped, orphans, destitute, independent elderly persons above 60 years of age, landless laborers, wage earners and people living below the poverty line.

EXECUTIVE SUMMARY

A. Project Description 1. Remote areas of Nepal have very high poverty incidence and limited connectivity to market s and social services. Thus these areas are required to develop for better economy as well as integrate them effectively with the neighboring countries. Considering this aspect, the Government of Nepal has defined a road network development plan in the 10 year Priority Investment Plan (PIP for 2007-2016) to support economic growth and poverty reduction. Similarly, the Country Strategy and Program for Nepal 2005 -2009 identified transport as a priority sector with a strategic focus on improved connectivity within the country. In order to carry out the plan and achieve those targets of the government, ADB provided Grant for the road connectivity and sub regional transport enhancement. 2. The main objective of the project is to improve connectivity of remote rural areas with markets within the country and neighboring countries as well as enhance the capacity of border roads for smooth traffic for domestic and regional trades. 3. The GoN has engaged the consultants to undertake preparatory activities for the processing of a new loan for the proposed Subregional Transport Enhancement Project (STEP) (formerly the sub regional transport logistics and trade facilitation project) as variation order No. 4 (VO4) under the currently ongoing Road Connectivity Sector 1 Project. The project includes 6 roads and the main objectives of the consulting services under this variation order are to carry out a fast track combined feasibility study and detailed engineering design of the following roads under the strategic road network.

Table1: Details of Harkapur- Okaldhunga

Districts Covered

Length (km) Construction Details

Okhaldhunga, 42

Upgrading and widening of existing road, bypass in some sections of the road, additional roadside structures, slope protection works, bioengineering works, drainage / cross drainage works, pavement construction with DBST sealing.

B. Project Area and Impacts

4. The Subproject road for Harkapur- Okhaldhunga (H-O) is located in the Okhaldhunga District. The Subproject includes improvement and upgrading of 42 km of road connecting Harkapur to Okhaldhunga District headquarters. The 0+000 chainage of the road starts at Harkapur of Okhaldhunga District located at a distance 48 km east of Katari – Mirchaiya Road and links with the Mahendra Highway (East West Highway). 5. The Subproject road passes through river valleys which are agricultural areas. The Subproject road is a critical link between highland and lowland facilitating the movement of food, goods and other services. As a result of it, the settlements in and around the roadsides will increase because of accessibility and other opportunities along the Subproject road leading to the gradual development of various market centers along the road. 6. The project includes 4 major activities which includes drainage improvement, minor realignment, pavement improvement and widening of the existing road. For these activities about 2.13 ha of agricultural land will be required. The road is aligned along the existing road. An average available width of existing road is 5.5 meters. The detail design requires a footprint width of 6- 12 meters in different section of the road.

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7. A total of 239 private parcels of 208 households will be affected by land acquisition. Out of 208 displaced households, 172 Households (83%) were interviewed and 17 % were absentees during the survey. They are not residing/ migrated to town for jobs etc. These households have occupied 189 parcels (79%) out of 239 private land parcels affected by the project.

Table 2: Number of Affected People

Types of Affected Assets

Affected Households

Affected Peoples Land Parcels Land Area to be

acquired (sq.m) Land only 203 1,029 Land with structures 5 34

Total 208 1,063 239

21,271.88 Sq. meter

8. Out of total 5 affected structures, 1 residential structure will lose 50 % of the main structure, 1 will lose the frontage/extended part of the structure while 3 commercial structures will lose 100% of the main structures. The owners have enough remaining land to construct a new house adjacent to the affected structures. Table 3: Affected Households and DPs as a Result of Acquisition of Land with Structures

No. of Affected HHs No. of DPs Type of Asset Affected

Detailed Design, 2008 Detailed Design, 2008

Land with residential structures 2 14

Land with commercial structures (store) 1 6 Land with temporary commercial structures

2 14

Total 5 34

9. The project has the objective of avoiding involuntary resettlement wherever possible by adopting an appropriate technical design which leads to the minimization of resettlement impact. The detailed technical design accordingly aimed at minimization of the resettlement impact by means of best utilization of the available space in the available width of 4.5 - 5.5 meters by avoiding private and public structures and land acquisition as far as possible. Accordingly, the subproject construction necessitates minor acquisition in the area where the existing alignment is insufficient to meet the requirement of new design. The land to be acquired mostly comprises small strips of uncultivated land on either side of the existing road foot print. There is no major impact on the income of displaced households due to loss of land. C. Information Disclosure, Consultation and Participation 10. Due consideration was given for stakeholder consultation at different levels including the local people and Subproject displaced households represented by head of the households, family members, local level social workers, representatives of political parties, business men, representatives of vulnerable groups in the process of RP preparation. At least one meeting was held in 1 VDC to know about the people’s perception, advantage, disadvantage as well as their suggestion for better implementation of the project. 11. A summary Resettlement Plan (RP) will be translated into Nepali and will be made

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accessible to the affected people through respective DDCs and CDO to inform the Subproject displaced households about the nature of compensation as per the nature and extent of loss. RP will be disclosed to the EA and ADB website. D. G rievance Redress Mechanisms 12. The Grievance Redress Committee will be constituted as per the Land Acquisition Act 11 Section 1, 2 and 3. The act assigns CDO as the responsible person to chair land acquisition activities and to address the grievances of the displaced persons. Other members of the committee will be the representative of DOR in the rank of Divisional Engineer, representatives from among the DPs. 13. Besides the grievance redress committee at district level, a local Grievance Redress Committee will be established in each affected VDCs under the VDC chairperson to resolve the grievances at the project/field level. Other members of the committee will be among the DPs, representatives from the project, NGO representatives. If the grievances can not be resolved within a week at local level, it will be referring to project level and then to CDO level. E. Legal Framework 14. The Resettlement Plan (RP) is guided by the ADB Safeguard Policy Statement 2009, Land Acquisition Act of Nepal 2034 (1977) and other relevant policies and guidelines. The main objective of the Plan is to identify impacts and to identify measures to mitigate various losses due to the Subproject. The Plan also aims to provide effective guidelines to the GON for RCSP1 Implementation Management, to address the identified resettlement impacts as per the Plan and ensure that the households and people affected due to the Subproject are compensated under the prevailing legal norms of GON in keeping with the ADB SPS. The RP has been prepared taking into account of the general findings of the field reconnaissance survey, census of subproject displaced households and socioeconomic survey of the project influence of the subproject road area, meetings with line agencies and in consultation with various stakeholders in the Subproject area at district and local levels. F. Entitlement, Assistance and Benefits 15. ADB’s Safeguard Policy Statement (2009) on involuntary resettlement requires compensation for the lost assets at replacement cost to both titled and non-titled holders and resettlement assistance for lost income and livelihoods. The principles adopted include special measures and assistance for vulnerable group, such as household headed by women, disabled persons, ethnic groups, and household living below poverty line. The Entitlement Matrix has the provision of for the compensation and resettlement assistance to all displaced people including the employees of the affected business, squatters, vulnerable groups including vulnerable encroachers. All the displaced persons will be compensated at replacement costs based on the norms of GON and in compliance with the ADB Safeguard Policy 2009. In addition, the DPs will receive other cash grants, resettlement assistance, such as transportation allowances, transitional allowance, compensation for the loss of work days to the employee, income restoration assistance and additional assistance to vulnerable groups. G. Resettlement Budget and Financing 16. The total estimated resettlement budget for the implementation of this RP is NRs. 21,731,851 (US $ 289,758 @ NRS. 75). This cost includes all cost related to compensation for land, structures, economic rehabilitation of vulnerable group, RP implementation, external monitor and 10 % contingencies for the total cost of resettlement and rehabilitation. All cost related to land acquisition and resettlement budget will be borne by the Government. The EA

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will ensure that adequate funds are delivered on time to the CDO for timely implementation of RP.

H. Institutional Arrangement 17. The Ministry of Physical Planning and Works (MPPW) will be the executing agency and DOR will be the implementing agency of this project. A Project Implementation Unit (PIU), headed by the Project Director will be responsible for the overall execution of the subproject.

18. As a Member –Secretary, the Project Manager (PM) will play a crucial role in arranging CDC meeting and coordinate with other line agencies for the determination of the rate of affected assets. The PM will be also effective in resolving the grievances at local level or district level with the help of Resettlement Specialist (RS) of Supervision Consultant (SC). He will assist the PM for coordinating land acquisition and resettlement activities. He is also responsible to minimise the resettlement impacts, updating the RPs and conduct/ manage income restoration programme and proper training to the DPs and vulnerable groups.

19. The concerned staff of DOR at central level and in the subproject office will undergo a 2 days orientation and training regarding ADB new safeguard Policy 20009 and management. I. Implementation Schedule 20. The subproject is expected to be implemented from the first quarter of 2012 to second quarter of 2014. Advance action such as establishment of subproject office, recruitment of Project Manager, establishment of grievance redress committee, formation of CDC is required. The major activities to be carried out during the period include (i) compensation payment and other rehabilitation assistance to the DPs and (ii) handing over of site to the contractor and (iii) income restoration assistance to the DPs. All activities will be completed before construction work commence or prior to award of civil work contract. J. Monitoring and Reporting 21. The RP implementation will have both internal and external monitoring. Internal monitoring will be the regular activity of PIU and RS of SC will be responsible for internal monitoring. PIU will maintain a record of all transaction in the resettlement database with the help of RS of SC. The subproject office will be responsible to keep record of baseline, socioeconomic, census and land acquisition and compensation payment data for field level monitoring.

22. An external professional/individual/researcher or consulting agency, university department or development NGOs will be recruited by DOR who will carry out independent bi-annual review of resettlement implementation as well as post subproject evaluation. Two monitoring surveys (bi-annually) of a sample of displaced households will be undertaken by the external monitor.

23. The Department of Roads will submit quarterly reports of RP implementation to ADB with the help of Resettlement Specialist of Supervision Consultant. The independent monitoring individual/agency will submit bi-annually report directly to ADB with a copy to EA to determine whether or not the resettlement goals have been achieved.

CHAPTER 1: PROJECT DESCRIPTION

1.1 P roject description 1. Remote areas of Nepal have very high poverty incidence and limited connectivity to market s and social services. Thus these areas are required to develop for better economy as well as integrate them effectively with the neighboring countries. Considering this aspect, the Government of Nepal has defined a road network development plan in the 10 year Priority Investment Plan (PIP for 2007-2016) to support economic growth and poverty reduction. Similarly, the Country Strategy and Program for Nepal 2005 -2009 identified transport as a priority sector with a strategic focus on improved connectivity within the country. In order to carry out the plan and achieve those targets of the government, ADB provided Grant for the road connectivity and sub regional transport enhancement. 2. The main objective of the project is to improve connectivity of remote rural areas with markets within the country and neighboring countries as well as enhance the capacity of border roads for smooth traffic for domestic and regional trades. 3. The GoN has engaged the consultants to undertake preparatory activities for the processing of a new loan for the proposed Subregional Transport Enhancement Project (STEP) (formerly the sub regional transport logistics and trade facilitation project) as variation order No. 4 (VO4) under the currently ongoing Road Connectivity Sector 1 Project. The project includes 6 roads and the main objectives of the consulting services under this variation order are to carry out a fast track combined feasibility study and detailed engineering design of the following roads under the strategic road network. However, except Nepalgung – Kohalpur, 5 roads will be financed under Subregional Transport Enhancement Project.

Belbari- Chaurahawa Road (BCH) -47 km Harkapur- Okhaldhunga Road (HO)- 42 km Okhaldhunga – Salleri Road (OS) – 58 km Chainpur- Khandbari Road (CK)- 44 km Bhairahawa Bypass Road (BBY)- 3.4 km Nepalgunj – Kohalpur Road (NK) – 23 km

4. The Subproject road for Harkapur- Okhaldhunga (H-O) is located in the Okhaldhunga District. The Subproject includes improvement and upgrading of 41.2 km of road connecting Harkapur to Okhaldhunga District headquarters. The 0+000 chainage of the road starts at Harkapur of Okhaldhunga District located at a distance 48 km east of Katari – Mirchaiya Road and links with the Mahendra Highway (East West Highway). 5. The Subproject road passes through river valleys which are agricultural areas. The Subproject road is a critical link between highland and lowland facilitating the movement of food, goods and other services. As a result of it, the settlements in and around the roadsides will increase because of accessibility and other opportunities along the Subproject road leading to the gradual development of various market centers along the road. 7. The project includes four major activities which includes drainage improvement, minor realignment, pavement improvement and widening of the existing road. For these activities about 12.6 ha of agricultural land will be required. The road is aligned along the existing road. An average available width of existing road is 5.5 meters. The detail design requires a footprint width of 6–12 meters in different section of the road.

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1.2 Measures to avoid or minimise impact 7. The project has the objective of avoiding involuntary resettlement wherever possible by adopting an appropriate technical design which leads to the minimization of resettlement impact. The detailed technical design accordingly aimed at minimization of the resettlement impact by means of best utilization of the available space in the available width of 4.5–5.5 meters by avoiding private and public structures and land acquisition as far as possible. Accordingly, the subproject construction necessitates minor acquisition in the area where the existing alignment is insufficient to meet the requirement of new design. The land to be acquired mostly comprises small strips of uncultivated land on either side of the existing road foot print. There is no major impact on the income of displaced households due to loss of land. 8. Resettlement impacts identified in the Subproject comprise impact on land only and with residential structures. There will be no impact on the tenants of structures.

1.3 Land acquisition and resettlement 9. The road is aligned along the existing road from Harkapur to Okhaldhunga with a total length of 41.2 km. An average available width of existing road is 5.5 meters. The detail design requires a footprint width of 6–12 meters in different sections of the road. The acquisition of 21,271.88 sq. m land (2.13 ha.) will be required for widening the existing road to design width in different sections of the alignment. Almost all households interviewed possess the land ownership certificate. None of the households will be physically displaced though 5 structures will be affected, 1 residential structure will lose 50% of the main structures and the another 1 will lose the frontage/extended part of the structure while 3 commercial structures will lose 100% of the main structures. The owners have enough remaining land to construct new residential and commercial structures adjacent to the affected structures. The following Table 1-1 shows the total land areas of the affected plots, land areas to be required, number of the displaced households, ownership patterns and the total number of persons affected due to the project. Similarly, Table 1-2 shows the type of project impacts in the households.

Table 1-1: Project Impacts on the Households for Land Acquisition

VDCs Total Land Areas of Affected

Plots

Land Areas to

be Acquired

% of land area

affected

No. of households

affected

Total no. of

persons affected

Ownership pattern*

Ketuke 144,018.25 2,972.92 2.64 41 207 Titleholder Manebhanjyang 205,983.07 4,938.29 2.40 70 369 Titleholder

Okhaldhunga 519,25.55 1,859.95 3.58 23 95 Titleholder Salleri 766,21.39 1,907.78 2.49 22 105 Titleholder Thakle 142,814.11 6,844.12 4.79 43 240 Titleholder Toxel 108,148.02 2,748.84 2.54 9 47 Titleholder Total 729,510.42 21,271.88 2.92 208 1,063

Note: * This is based on the 172 households (83%) interviewed during census survey 10. As indicated in the above table above, the loss of land is only 2.92%. The area to be acquired comprises both cultivable and uncultivable land. It will not have any major impact on the income of the particular households.

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Table 1-2 Type of Project Impacts

S.N. Type of losses No. of displaced households*

1 Land 203 2 Residential Structures 2

3 Commercial Structures 3 Note: * The owners will construct the structures adjacent to the affected structures in their own land 1.4 Objectives of the resettlement plan 11. The Resettlement Plan (RP) is guided by the ADB Safeguard Policy Statement 2009, Land Acquisition Act of Nepal 2034 (1977) and other relevant policies and guidelines. The main objective of the Plan is to identify impacts and to identify measures to mitigate various losses due to the Subproject. The Plan also aims to provide effective guidelines to the GON for RCSP1 Implementation Management, to address the identified resettlement impacts as per the Plan and ensure that the households and people affected due to the Subproject are compensated under the prevailing legal norms of GON in keeping with the ADB, SPS. The RP has been prepared taking into account the general findings of the field reconnaissance survey, census of Subproject displaced households and socioeconomic survey of 20% population in the Subproject road area, meetings with line agencies and in consultation with various stakeholders in the Subproject area at district and local levels. This RP include the followings:

Type and extent of losses; Principles and legal framework applicable for mitigation of losses; Entitlement matrix, based on the inventory of loss, Provisions for relocation assistance and restoration of businesses/income; Budget and institutional framework for the implementation of the Plan; Monitoring of the RP measures. 1.5 Methods of study 12. To obtain the socioeconomic information and poverty status of the DPs and the project influence area, baseline survey and census survey were undertaken in the months of September 2008. Due diligence study was carried out during April–May 2010. 1.5.1 Resear ch methods 13. For carrying out the social assessment and census surveys, two different types of questionnaires were used at household level which contained structured questions for the generation of desired data. The census was carried out based upon the detailed design drawings prepared by the technical team. The affected families were interviewed in the Subproject corridor by using structured questionnaire and discussions with the DPs and other local people. 14. During due diligence study, a number of public consultation and focus group discussion was conducted to know the perception and grievances of the community regarding land acquisition, resettlement, and compensation modality of the project. The study was conducted by the Resettlement Specialist together with a supervisor under the guidance of Resettlement/Social Specialist. The checklist for the group discussion, the attendance sheet of the participants and the photographs of the discussion is appended Annex 1-1, 1-2 & 1-3 respectively. .

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CHAPTER 2: SCOPE OF LAND ACQUISTION AND RESETTLEMENT

2.1 Scope of land acquisition

15. The proposed subproject will start from Toksel, Harkapur and ends at Ramailo Danda, Okhaldhunga. The alignment passes through Toxel, Thakle, Manebhanjyang, Ketuke, Salleri and Okhaldhungana VDCs of Okhaldhunga district. The total length of the upgrading road will be 41.2 km and a total 2.13 ha. of land will be required for the widening the existing road to design width.

2.2 Project benefits and impacts 16. The Subproject road traverses through one Okhaldhunga district as a part of the Mirchaiya – Katari – Okhaldhunga Highway. Reductions in travel time due to improvement of the Subproject and direct linkage with National Highway are two of the major benefits of the Subproject. It is anticipated that the implementation of this Subproject will bring several positive socioeconomic impacts contributing to the poverty reduction in the area. They include the followings:

Employment opportunity during construction period Emergence of several economic activities like development of market center,

and tourist centers. Easy transport facilities to export and import goods from and to the Subproject

districts Increase in land price along the road alignment Development of other infrastructures and Development of economic diversification activities.

17. The Subproject is anticipated to bring immediate market area development and socioeconomic changes in Manebhanjyang in Okhaldhunga District located at 16+000 chainage of the road section since it is situated at the junction of road section which connects most of the VDCs. The improvement of the Subproject is expected to increase the number of tourist. However both districts are rich in natural heritage, and the birth place of poet Siddhi Charan Shrestha. There would be easy and quick access for the people of Okhaldhunga and and other neighboring district including Khotang and Solukhumbu Districts. The Subproject would bring economic benefits to local people through savings in vehicle operating costs, time savings for passengers and goods transit, and savings in road maintenance cost. 18 The project has some negative socioeconomic impacts primarily related to loss of agricultural land. Since the land is acquired for the widening, minor realignment, drainage improvement, the households will lose very small strips of land. Again, there will be no displacement of the people due to the project, other than acquisition of private land. . 2.2.1 Project Displaced households 19. A total of 208 households will be affected by the project, of which 203 hhs will lose only land and 5 hhs will lose land with structures. Similarly 1 temple will be affected during widening of the road. Out of 5 affected private structures, 2 are residential, 2 temporary commercial and 1 commercial structure which is used for storage. Among these 5 structures, 3 business structures and 1 residential structure will incur significant impact on the main structure. Remaining 1 residential structure will suffer loss of frontage and extended portion only. The public structure will lose only staircase part. The following Table 2-1 shows the type of loss by location.

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(a) Type of losses

Table 2-1: Type of Loss by Location

VDCs Agricultural

land Residential structures

Other Commercial structures

Total

Ketuke 41 1 2 44 Manebhanjyang 70 0 0 70 Okhaldhunga 23 0 1 24 Salleri 22 0 0 22 Thakle 43 0 0 43 Toxel 9 1 0 10 Total 208 2 3 213

(b) Types of land affected and loss of income 20. Altogether 1,394 people will be affected from 208 households (own 239 land plots) (Annex 2-1). Of the total 208 displaced households, 172 households were interviewed and 36 were absentees at the time of survey. The numbers of affected land parcels with 172 interviewed landowners were 189. The total list of DPs has been presented in a separate Annex.

Table 2-2: Number of Affected People

Types of Affected Assets

Affected Households

Affected Peoples Land Parcels Land Area to be

acquired (sq. m) Land only 203 1,360

Land with structures 5 34 Total 2 08 1,394

239

21271.88 Sq. meter

Source: Field Surveys, September 2008

21. The land to be acquired mostly comprises small strips of uncultivated (barren) land on either side of the road foot print. There is no major impact on the income of the displaced households due to the loss of land. Table 2-3 shows that all the households interviewed during census survey have not lose more than 10 % of their total land holdings.

Table 2-3 Extent of Loss of Agricultural Land

Extent of land loss of the total land holdings (in %) Section Less than 10 % 10-20 More than 20%

No. of displaced households #

172 0 0

No. of affected people

1,152 0 0

Note: # About 83% of the total displaced households were interviewed during census survey. Absentees land owner (17%) will be updated during project implementation

22. The total population of the 172 interviewed household is 1,152. The average size of the interviewed household size is 6.7. It is estimated that the population of absentee households is 242. A total of 1,394 people will be affected from total 208 displaced households.

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(c) Types of affected structures

23. A total of six structures including two residential structures, one commercial (store) structure, two commercial temporary hut and one staircase of a temple will be affected by the Subproject construction. The following Table 2-4 provides details of the structures loss and type.

Table 2-4: Types of assets by loss and structure type

Type of Asset Affected No. of Structures No. of Affected HHs No. of DPs

Residential Structures 2 2 14

Commercial Structure (store) 1 1 6

Commercial Structures (hut) 2 2 14

Staircase of Public Temple 1 0 0

Total 6 5 34 Source: Field Surveys, September 2008 24. A total of two residential structures will be affected by the Subproject construction. The following sub-sections provide details of the extent of loss, structure construction type and ownership pattern of the affected residential structures. (i) Type of Affected Residential Structures 25. Among the affected residential structure one is constructed with wooden wall and tin roof. Another structure is constructed with raw materials of bamboo with the plastic roof. Table 2-5 provides a breakdown of the affected structures as per construction type.

Table 2-5: Types of Affected Residential Structures

Displaced households * Types of Structures Number Percent

Wooden wall with tin roof 1 50 Temporary hut of bamboo with plastic roof 1 50

Total 2 100 Note: * Those who lose 50 % of the structures will construct new structures in their own adjacent remaining land

Extent of Loss

26. As per Table 2-6 below, one residential structure affected will lose the frontage/ extended part of the main structure and other residential structure will lose main structure.

Table 2-6: Extent of Loss of Residential Structures

Extent of Loss Extent of Loss In numbers In Percentage

Frontage / Extended Part 1 50 Main Structures 1 50 Total 2 100

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Extent of Loss of Residential Structures by Vulnerable Households

27. Out of 2 households losing residential structures, none of the households were reported under the vulnerability category in terms of Below Poverty Level (BPL), ethnic minority groups and women headed households.

Legal Ownership of the Residential Structures

28. Of the total two affected residential structures covered during the census survey, 100 percent reported having legal ownership to the affected assets. Table 2-7 provides breakdown of the ownership status of the affected residential structures.

Table 2-7: Ownership Status of the Affected Residential Structures

Total Number of Displaced households

Ownership Type In Numbers Percent

Titleholders 2 100 Tenants 0 0 Titleholder Encroachers 0 0

Total 2 100 Source: Field Surveys, September 2008

A. Commercial structures

29. The census identified that 3 commercial structures will be affected by the Subproject construction. They are - one commercial structure (store) and 2 commercial structures (hut).

Construction Type of Affected Commercial Structures

30. Out of 3, two structures are stone built /tinned, and one temporary hut is constructed with bamboo and straw. Table 2-8 lists the types of affected business structures.

Table 2-8: Construction Type of Affected Commercial Structures

Total Number of Affected Structure

Type of Structure In No. In Percent

Stone Built/Tinned 2 66 Bamboo hut/ Plastic roofed 1 33


Extent of Loss

31. All three structures will have a significant impact on the main structure. Table 2-9 provides breakdown of the extent of loss of the affected commercial structures.

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Table 2-9: Extent of Loss of Affected Commercial Structures

Extent of Loss Extent of Loss In numbers In Percentage

Fence/ Wall 0 0

Frontage / Extended Part 0 0 Main Structures 3 100 Other 0 0

Total 3 100


Extent of Loss of Commercial Structures by Vulnerable Households

32. None of the households with commercial structures are under the vulnerability category. Out of a total of 3 commercial structures, all of them will lose the main structure.

Legal Ownership of the Affected Commercial Structures

33. All three owners of commercial structure have legal ownership. Table 2-10 below provides details on the ownership status of affected residential cum business structures.

Table 2-10: Ownership Status of Affected Residential Cum Business Structures

Total Number of Affected Structures Ownership Type

No. Percentage

Titleholders 3 100


2.2.2 Impact on Socially Vulnerable Groups

34. Out of 172 interviewed displaced households, a total of 73 households were identified as vulnerable in the Subproject area. The major vulnerability indicators in the Subproject area were dominance of households below the poverty level and female headed households. Table 2-11 presents details on vulnerability categories of the Subproject 35. Although the Subproject has 14 BPL households, none of these households will undergo significant impact in terms of loss of assets and income. None of the structure Displaced households were IP families and BPL falling under the vulnerability category. 36. The Subproject will not have any significant impact to the minority and endangered IPs. It is pertinent to note that most of the ethnic groups along the road in the Subproject area share common social norms and are integrated into the mainstream. 37. However, based on the government policy and ADB Guidelines' focus on considering the ethnic/indigenous groups in the development project, the RP has made provision of additional financial assistance to the vulnerable DPs like; female headed households, elderly headed households, households having disabled family members and below poverty level will receive financial assistance of NRs. 10,000 per family and cash assistance for the 90 days at local wage rate as an transitional allowance to manage from the likely effect due to the Subproject.

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Table 2-11: Vulnerability Status of the DPs of Displaced Households

Detail Design 2008 Vulnerability Category

No. % Female Headed Households 32 18

Having Disabled Members 0 0

Having Elderly Members 26 15

Below Poverty Level 14 8

Schedule Caste/Dalit (occupational caste groups) 1 1

Endangered and Minority IPs 0 0

Total Vulnerable Peoples (DPs) 73 42 Non Vulnerable households 99 58

Total Interviewed Displaced households 172 100 Note: # about 83% of the total displaced households was interviewed during census survey. Absentees land owner (17%) will be updated during project implementation 2.3 Indig enous people 38. All IPs are living in their own private land and poses legal ownership (land entitlement certificate). There is no customary, traditional, community land system in Nepal. The land is either owned by the government or by the people. Based on the census and field observation, the majority of IPs lose insignificant (less than 10 %) amount of their income generating assets. They are also assimilated and absorbed with other caste groups sharing common social values, norms and culture. One combined Indigenous Plan (IP) and Resettlement Plan (RP) has been prepared to address the issues of both IPs and non-IPs. The project would not adversely impact any IP. 2.3 Mitigation measures

39. The ADB Safeguard Policy (2009) clearly spells out that the displaced people must receive compensation or any other means properly for their affected property so that their living standard can be restored in the pre-project condition at no cost to themselves or if possible improve their standard of living better than before. The entitlement matrix prepared and approved by government recommends the compensation and rehabilitation package for people adversely affected by the project. 40. During the Census, discussions were carried out with the displaced people about the options of relocating affected structure. It is to be noted that one residential structure will only loose extended/frontage part and need not to be relocated and one of the affected residential structure will need relocation as it will affect the main structure. Affected owner of the house reported that he has adequate land to rebuild the structure. Appropriate measures have been integrated into the RP to compensate for the same. As per the provision made in the RP, the titleholders will be compensated for the loss of land and structures as well as the expenses of shifting and relocation and a transitional allowance of rebuilding/rehabilitation of structures. 41. In order to address the local issues a Grievance Redress Committee (GRC) will be formed in each affected VDC under the chairmanship of VDC chairperson to address the local resettlement issues.

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42. It is to confirm that no physical displacement would take place though people would be economically displaced by way of the project. Minor strip of agricultural land, which is mostly barren, will be affected, however the households do not lose more than 10% of their total holdings due to the project. Those who lose the residential structures, have sufficient remaining land to construct a new structure adjacent to the affected structure.

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12

CHAPTER 3: SOCIOECONOMIC INFORMATION AND PROFILE

43. This chapter presents an overview of the Subproject area and an analysis of the impacts based on the census conducted in the Subproject area. The main objective of the impact analysis is to develop the profiles of DPs and communities affected by the Subproject along with identification of the nature and types of losses to prepare inventory of the affected assets.

3.1 Socioeconomic profile of the project area

3.1.1 Social profile (a) D emography

44. According to the Census 2001, the average family size of the Okhaldhunga is 5.2 which is lower than the national average of 5.48. A brief population profile of the Subproject district and the affected Village Development Committees (VDCs) is given in Table 3-1.

Table 3-1 Population Distribution of Affected District and Village Development Committees

2001 Census Data District/VDC

Ave. HHs size

Total no. of HHs

Total Population

Male Female

Okhaldhunga District 5.20 30,121 156,702 75,361 81,341

Toxel VDC 5.19 508 2634 1308 1326

Thakle VDC 5.58 476 2656 1288 1368

Manebhanjyang VDC 5.27 561 2957 1476 1481

Ketuke VDC 5.06 575 2912 1378 1534

Salleri VDC 4.76 371 1766 796 970

Okhaldhunga VDC 4.12 991 4084 2033 2051

Total 4.88 3482 17009 8279 8730 Source: Population of Nepal, VDC/Municipalities Census 2001, CBS, June 2002

(b) S ocial classification 45. According to the census of 2001, the majority of people living in Okhaldhunga district are Hindus (74%) followed by Buddhsts (15 %). The other religious groups are Kirat, Christian and other. The households are divided into different ethnic groups such as Chhetri (25%), Rai (12 %), Brahmin (12 %), Magar (10 %), Tamang (9%), Newar (6%), Sherpa (4 %), Kami, Sunuwar, Damai/Dholi, Sarki, Gharti/Bhujel

3.1.2 Economic profile

46. The economy of the Subproject District is primarily based on subsistence agriculture with small presence of commercial enterprises to earn small cash income. Agriculture is basically concentrated to meet the food requirements of the family. Generally, cash income is generated from dairy, vegetable production, fruit production, and small cottage industries. The economy of the District is based on agriculture. Households are also involved in other sources of income, vegetable production for instance. Maize and millet are the staple crops in the area. Animal husbandry, dairy product, foreign employments are other major sources of income.

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3.2 Poverty incidence

47. Based on National Census, 2001 and Nepal Human Development Indicators, 2004, the HDI of Okhaldhunga District is 0.34 which is lower against the national indicator 0.471. Human Poverty Index 54.4 is higher than the national figure 40.5. GDI 0.30 is lower than all-Nepal 0.452. Table3-2 provides a synopsis on the development indicators including poverty index in the Subproject District.

Table 3-2: Development Indicators of the Subproject Area Districts

Location HDI HPI GDI

All-Nepal 0.471 40.5 0.452

Okhaldhunga 0.340 54.4 0.300

Source: National Census (2001), CBS and Nepal Human Development Report 2004 by UNDP

48. The poverty status of Subproject VDCs is given in the Table 3-3. As per small area estimation of poverty by CBS 2006, the poverty incidence is higher 49.18 against the district level of 42.7.

Table 3-3: Poverty Incidence in Subproject VDCs

Subproject VDCs by Districts

Ilaka Code Poverty Incidence

Ketuke 1211 53.0 Manebhanjyang 1210 60.9 Okhaldhunga 1203 29.7 Salleri 1203 29.7

Thakle 1210 60.9

Toxel 1210 60.9

Average 49.1 8 Source: Small Area Estimation of Poverty, CBS 2006

3.3 Socioeconomic profile of the households

3.3.1 Social profile (a) D emography 49. The average family size of the affected area is 4.88, which is lower than the district average (5.2%). With regard to age distribution of households, 61 percent population comes under the category 15 - 60 years where as 29 percent are below 15 years age group and 10 percent above 60 years age. Age-wise distribution of the household members of the Subproject is given in Table3-4.

Table 3-4: Age Wise Distribution of Household Members

HH Population by Age Group

Below 15 Yrs. 15-60 Yrs. Above 60 Yrs Reported

HHs

Not Reported

HHs

Total Family

Members No. % No. % No. %

172 36* 1152 337 29 703 61 112 10 Source: Field Surveys, September 2008

* Absentee land owners

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Social classification

50. The major ethnic indigenous people groups present along the Subproject area are 139 households among Rai and Limbu comprise the majority. Although they being categorized as disadvantaged groups, they are settled along the roadside and mainstreamed into the common society. Newars the advanced IP are 24 households. Other major caste groups include Brahmin and Chettri. Agriculture, dairy and small enterprises such as hotels and restaurants are some of the major economic activities in the area.

51. Out of 172 interviewed affected families, 139 are identified as indigenous including 24 Newar households, which is categorized as advanced IP. Other occupational caste group Dalit consists of 1 family. Others caste groups including Brahman, Chhetris were 32 households. Based on the census and field observation, the IP households and Dalit will have an insignificant impact. They are assimilated and absorbed with other caste groups sharing common social values, norms and culture. Table 3-5 provides the distribution of displaced households by IPs and caste group categories.

Table 3-5: Displaced households by Ethnicity

Displaced households

Type No. of Affected HHs Percentage

Janajati/ IPs including Advanced IP Newar (24 hhs)

139 81

Dalit 1 1

Other Caste Group 32 19

Total 172 100


(c) Literacy and education 52. Out of a total 172 interviewed respondent household heads, 53 percent respondents comprise of illiterate, followed by 24 percent functionally literate (can read and write). Remaining 23 percent comprise of a mixed group of those with primary, lower secondary, secondary, SLC level and above. Table 3-6 provides distributions of literacy and educational status of the respondents of displaced households.

Table 3-6: Educational Status of the Respondents of Displaced households

Educational Status No. Percent

Illiterate 92 53 Literate (can read and write) 42 24 Primary 13 8 Lower Secondary 11 6 Secondary 12 7 SLC 0 0 Above SLC 2 1 Total Reported 172 100

Total 208 Source: Field Surveys, September 2008

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53. The male literacy status within the affected household was 69% whereas it was reported 31% in the case of female respondents. Table 3-7 indicates the distribution of male / female literacy status in the Subproject area.

Table 3-7: Literacy Status of the Family Members of the Households

Male Literate Female Reported

HHs No. Total Literate

Family Members No. Percent No Percent

Not Reported

(HHs) 172 785 454 69 331 31 36*

Source: Field Surveys, September 2008 * Absentee land owners

3.3.2 Economic profile

(a) O ccupational Background of the Households

54. The survey of Displaced persons revealed that a majority of the displaced households are by and large dependent on more than one source of income for the fulfillment of their livelihood needs. Agriculture with other allied subjects and business enterprises were the main source of livelihood. Major occupations amongst the Subproject Displaced households were agriculture with other livelihood support job, 58%, followed by businesses and other 13%. Other sources include service pension 9% and wage labour 15%. Agriculture, including livestock, cottage industry and small business are the main sources of income of the displaced households. Table 3-8 provides the main source of income of the interviewed households.

Table 3-8: Main Sources of Income of Interviewed Households

Displaced households

Reported Sources of Income In No. In Percentage

Agriculture 8 5 Agriculture & Other 100 58 Business 5 3 Business & Other 17 10 Service/ Pension 15 9 Wage Labor 27 15 Total HHs Reporting Sources of Income 172 100


55. Out of total 1152 DPs, 703 persons are economically active. Among them 46% female population have been reported as economically active against the male population (54%). This indicates that the females in the Subproject area are playing crucial role in the income-generating activities. Table 3-9 provides the number and percentage of economically active population of the displaced households by sex.

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Table 3-9: Economically Active Population by Sex

Total Number of Female Involved in Income Generation

Total Number of Male Involved in Income

Generation

Total number of DPs Involved in Income

Generation

No. Percent No. Percent No. Percent

324 46 379 54 703 100


3.3.3 Poverty Status 56. As an approach to assess the poverty status of interviewed households the respondents were also asked about the average annual income of their family from different sources. As per the government poverty line, minimum per capita required to secure above poverty level in the Subproject Districts is NRs. 10,0001. On this basis, the minimum household income above poverty level was determined by multiplying the per capita amount by the average family size of Subproject districts, which are 5.2. According to this, the minimum household income was fixed to be NRs. 52,000 in the Subproject area. 57. Based on this calculation, 14 households (out of 172 households interviewed) in the Subproject area were identified to be Below Poverty Level (BPL) in terms of their average annual household income as reported2. Table 3-10 provides breakdown of the displaced households as per the average annual income range.

Table 3-10: Average Annual Income of the Displaced households (NRs)

Displaced households Income Range

In No. In Percent <50,000 14 8 50,000- 100,000 68 40 100,000 – 150,000 52 30 150,000 – 200,000 26 15 200,000 12 7 Total Interviewed HHs 172 100

Source: Field Surveys, September 2008 * 36 absentee land owners 58. Of the 172 respondent households, 139 (81%) are the indigenous people. Other caste groups are 19%. Of the total IPs, 6% have reported of falling under Below Poverty Level (BPL). In other castes, 2% are below poverty level. Table 3-11 provides the poverty status of the Displaced households by indigenous, occupational and other caste groups.

Table 3-11: Poverty Status by Ethnic/Indigenous & Other Caste Groups 1 Which is based on a food consumption basket of 2,124 calories and an allowance for nonfood items of about two thirds of the

basket (Emergency Flood Damage Rehabilitation Project, Nepal 2009) 2 It should be noted that the measurement of income and expenditure by means of questionnaire surveys is limited. Questions

on income may be seen as an invasion of household privacy, and the data collected is entirely dependent on respondent recall and integrity.

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Ethnic/Indigenous/ Occupational Caste

Groups Other Caste Groups Total Displaced

households Type Number Percent Number Percent Number Percent

BPL HHS 10 6 4 2 14 8

Above BPL HHs

129 75 29 17 158 92

Total 139 81 33 19 172 100 Source: Field Surveys, September 2008 * Absentees

3.3.4 Main Income Earners

59. In the Subproject area, both male and female were reported to be active earners of the displaced households. Of the total interviewed 172 displaced households, 70 percent reported that there is equal involvement of both male and female in earning activities. In terms of comparative distribution of male-female involvement in such activities, female's involvement in main income earning was reported to be 2% against the males 28%. This may be primarily attributed to higher proportion of female's involvement in agriculture sector as in most of the districts of the country. Table 3-12 presents distribution of household’s main income earners according to sex.

Table 3-12: Main Earners in the Subproject Area

Main Income Earners

Male Female

Equal Involvement of

both Male & Female

Not Known Total

No. Percent No. Percent No.

Percent No. Percent No. Percent

56 28 9 2 107 70 - - 172 100

Source: Field Surveys, September 2008 3.4 Gender impacts of the subproject

60. Illiteracy, lack of ownership of property, lack of decision making authority, extensive involvement in household activities are some of the basic indicators of female's socioeconomic status in the Subproject area. With a view to assess different gender related issues and impacts associated with the Subproject, special focus was made during the social impact analysis in the Subproject to look into the gender status in the Subproject District. Based on literature review and the findings of focus group discussions during Social Impact Assessment, some of the key gender indicators and status are discussed below: 3.4.1 G ender Status 61. The Subproject District has lower Gender Development Index (GDI) than the national average. The National average is calculated as 0.452. The GDI is calculated based on life expectancy, educational attainment and income in accordance with the disparity in achievement between women and men, and reflects the status of women in the society. The overall GDI of the country is at lower scale indicating various gender related discriminations in development achievements. Table 3-13 shows the position of different Subproject District in terms of GDI.

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Table 3-13: Gender Development Index (GDI) in Subproject Districts

District Gender Development Indicator Okhaldhunga 0.300

All-Nepal 0.452 Source: National Census (2001) Report; Nepal Human Development Report 2004 by UNDP: 141-170. 3.4.2 Education status of women 62. Female illiteracy has been identified higher 63.7% than the national illiteracy 51.06. Table 3.14 shows comparative illiteracy status between male and female population in the country and Subproject District.

Table 3- 14: Illiteracy rate in the Subproject District by Sex

District Total Male (%) Female (%)

Okhldhunga 50.70 36.30 63.70

All Nepal 39.75 28.36 51.06 Source: National Census, CBS, Nepal 2001 3.4.3 Ownership of Property 63. As Nepal is basically a patriarchal society, household property is mainly owned by male members. However, there are some variations within the country, which is mainly because of the cultural reasons. For instance, the empowerment of women within the family is considered high among the indigenous people compared to other caste groups.

3.4.4 Women's Work Participation

64. Women in the Subproject area were extensively involved in farming, cattle raring and household activities. However, few women were reported to be engaged in other activities DPart from household and agricultural activities. Such as vegetable farming and dairy products, mobile traders and settled traders, operating tea and other small shops.

3.4.5 Mobilit y Pattern

65. In Nepalese society, especially in the rural areas women's mobility is limited to household work, agricultural activities and visiting the relatives. However, the mobility of ethnic (Janajati) and the indigenous group's women are more free primarily due to the higher position of women in these groups. But the recent trend has been that, irrespective of caste and ethnic group, women in the Subproject District have reported visiting District headquarters and nearby markets to process grain in the mills and to sell fruits, vegetables, diary products and buy things required in the household. In addition, in the Subproject districts, it has been reported that women's mobility has been gradually increasing due to provision of their involvement in several development and social service related activities, like; to serve as Female Community Health Volunteers for the health centers, for the formation and mobilization of women's user committee like; community forest users' group. The Subproject construction is further being seen as a factor that will also enhance the mobility pattern of women.

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3.4.6 Decision-making status

66. The interactions and discussions held in the Subprojects area revealed that usually in rural areas, women are given responsibility to take some decisions in farming, trade and household affairs. But, the same needs to be agreed to by the head of household or other male counterparts or senior family members. However, some changes are also seen in recent times as a result of the social organizations of women. With increasing number of women groups being formed, women are slowly gaining a say in community level decision making. The presence of a number of saving and credit groups and self-help groups of women was noticed in the Subproject area which is providing a collective decision-making strength to women.

3.4.7 Subproject's Impact on Women

67. A total three FGDs with women mixed with men were conduced at different places of the project areas. One of the most important benefits as perceived by women with regard to the Subproject is that the improvement of road will provide easy access to reach health facilities particularly during child-bearing. Besides, discussions among the women revealed that the improved transport facilities will greatly benefit their mobility by reducing the travel time. Similarly, improvement of the road has been as an opportunity by women engaged in small trade for selling and purchasing goods. Likewise, they were also of the opinion that commencement of Subproject may also provide them employment opportunity during construction phase.

68. Some change is also found in recent times as to the social organizations of women. With women groups formed they are slowly gaining a say in community level decision making. They were found to have saving and credit groups and self help groups, which has given at least a collective feeling and strength for women. There are number of women’s groups like mothers group, women forest group, saving and credit group, creative mother groups which are basically related to assist in the financial and economic matters of the household.

69. During the focus group discussion, it has been informed that the women sell small things like homegrown vegetables and fruits in junction along the road. With improved transport facility, they can also reach a distant market for selling their products at higher rates.

70. Women were also in the opinion that if employment opportunities are provided them, they can save the money or their use in the future. They hope that there will be no discrimination of wages in the government project. Their works in the project will also help in changing the gender role in the household activities. As women bring money from outside work, the male will need to take the work generally done by women.

71. Poor women were also found as middle persons in the trade of fruits and vegetables. They visit house to house to purchase farm produce and sell in the market especially to the hotels. These women will also be benefited from cheaper transport cost and quicker travel resulting from the improvement of the road condition.

72. A small section of the female participants in the mixed FGD opined that the project might affect the agricultural land and other properties like house, animal sheds. They were also worried if they have to resettle due to the project. They are not willing to go another place from their original places.

73. Some of the possible negative impacts of the Subproject as voiced by women in the Subproject area are - (i) speeding vehicles might lead to traffic accidents (ii) women's mobility may be disturbed due to visit of outsiders in the villages during construction phase (ii) influx of commercial sex workers which will increase the risks of HIV/AIDS and other STDs.

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CHAPTER 4: INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

4.1 Introd uction

74. This Resettlement Plan has been prepared in close consultation with stakeholders at different levels including the local people and Subproject Displaced households represented by head of the households, family members, local level social workers, representatives of political parties, business men, representatives of vulnerable groups and other resource persons. Some of the basic objectives of such consultation include: Assessment of socioeconomic information required for the study Information dissemination to the people about the Subproject in terms of its activities

and scope of work; Understanding the perceptions of the local; Generate idea regarding the expected demand of the affected people; Assess the local people's willingness to get involved with the Subproject; and

enumerate the measures to be taken during the implementation of the Subproject.

4.2 Methods of public consultation

75. The task of public consultation was carried out in different stages during the Subproject preparation. In fact, since the beginning of the field reconnaissance survey to the period of Census, the process of consultation remained continuous varying over different time periods. Table 4-1 gives a description of the type of stakeholders consulted and methods adopted for consultation according to the purposes.

Table 4-1: Methods Employed During the Course of Consultations

Stakeholders P urpose Method

Department of Roads at central level

To collect government's policy, guidelines priorities on the Subproject, and to seek advise for initiating work.

Frequent individual meetings with the officials of DOR and Project Directorate.

Local Community in the different locations of the Subproject area (Harkapur,Hilepani, Manebhangyang, Ketuke, salleri, and Okhaldhunga)

To assess overall social perception about the importance of Subproject road and local peoples felt need for improvement

Consultation and discussion with local people at different Subproject locations during reconnaissance survey, social survey and Census survey.

District level line agencies (Divisional Roads Office, Land Revenue Office, Land Measurement Office)

To assess the existing operational status of roads, to verify the land likely to be acquired based on design drawings, to collect cadastral maps and to collect land price fixed by District Land Revenue Office.

Individual meetings with the officials of respective offices.

Displaced persons based on the design drawing

To prepare inventory of the affected assets and get measurement and conduct interview with the affected families about the affected assets and on the household matters

Individual interview of the Displaced households by means of a structured questionnaire

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NGOs and other stakeholders at the local level

Assess the level of social willingness to be involved in the Subproject activities

Representatives of local NGOs and other stakeholders including community members were consulted at different sections of the road during field visits by the domestic and international team members in order to assess the overall social perception about the road project and also to assess the level of their willingness to cooperate the study team.

4.3 Consultations – scope and issues

4.3.1 Scope of Consultations

76. The scope of consultations, especially with the local people and Subproject affected population was focused to inform them about the nature of Subproject and its activities. During the consultations they were also informed about the possibilities of acquisition of private land and other physical assets by the Subproject at replacement/compensation costs. Likewise, the people were also made aware about the acquisition of community properties like public taps at rebuilding or replacing cost. Options of relocating, shifting and loss of employment cost as per need and provision of livelihood support to the vulnerable groups were some of the other issues discussed during consultations. In addition, along with information dissemination the consultations also aimed at taking peoples opinion and suggestions on the Subproject and its benefits and impacts.

4.3.2 Feedback from the Consultations

77. Some of the major feedbacks derived from the consultations of affected and local people are:

Involvement of local people in Subproject design finalization: Being the major stakeholders and the population directly affected by the Subproject, the local people voiced that they must be kept informed and consulted with regard to the Subproject design.

Employment op portunity for lo cal p eople should be ensured during Subproject

construction by hiring of locals as skilled and unskilled labors.

Fair and timely compensation rate: There was complete willingness on the part of the population to cooperate in all matters related to the Subproject. The community was very positive towards the Subproject and had no reservations regarding the Subproject provided they are adequately compensated for all their losses whether partial, complete, agricultural, residential or commercial.

Regular m onitoring of the Subp roject during implementation by the Subproject Office to ensure the technical quality of work and environmental conservation (land slides); and

78. There should be provision of a separate unit in the Subproject to listen to the suggestions and grievances of the local people.

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79. Detailed consultation was made during field survey on May-June 2008 and due diligence study was carried out during April-May 2010. the findings of the consultations and the issues/problems discussed at different period of time has been provided in Table 4-2 & 4-3 respectively.

Table 4-2 Construction Matrix (September 2008)

Consultation Issues How was it addressed?

Chainage 0+000 Location: Harkapur No. of Discussion: 2 Women: 18 Men: 25

Subproject's impact on land acquisition Options of involving local people during detailed design

The Subproject has avoided land acquisition by using the available road alignment

Chainage 5+540 Location: Hilepani No. of Discussion:2 Women: 17 Men: 41

Provisions of compensations for the affected assets at current market value Chances of shifting or changing alignment

The Entitlement Matrix of Resettlement Plan has made provisions of compensations for the affected assets and persons at replacement costs

Chainage 16+000 Location: Manebhanjyang No. of Discussion:3 Women: 33 Men:58

Provisions of compensation to the land likely to be affected Employment opportunity during construction

The RP has made provisions of compensation at the replacement costs to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non-skilled and semiskilled labours during Subproject implementation

Chainage 25+300 Location: Ketuke No. of Discussion: 2 Women: 12 Men: 39

Options of compensations for the affected residential structures and loss of businesses

The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the project and assistance for loss of business..

Chainage 28+265 Location: Thumko Danda No. of Discussion: 1 Women: 15 Men: 23

Subproject's impact on land acquisition Options of involving local people Provisions of compensations for the affected assets at current market value Employment opportunity during construction Options of compensations for the affected residential structures and loss of businesses

The Subproject has avoided land acquisition by using the available road alignment The Entitlement Matrix of Resettlement Plan has made provisions of compensations for the affected assets at replacement costs The RP has made provisions of compensation at the replacement costs to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non-skilled and semiskilled labours during Subproject implementation The RP has made provisions for compensating all residential and residential cum commercial structures to be affected by the project and assistance for loss of business.

Chainage 33+650 Location: Laglage No. of Discussion: 2 Women: 14 Men: 21

Subproject's impact on land acquisition Options of involving local people Provisions of compensations for the affected assets at current market value Employment opportunity during construction Options of compensations for the

The Subproject has avoided land acquisition by using the available road alignment The Entitlement Matrix of Resettlement Plan has made provisions of compensations for the affected assets at replacement costs - The RP has made provisions of compensation at the replacement costs

23

Consultation Issues How was it addressed? affected residential structures and loss of businesses

to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non-skilled and semiskilled labours during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the Subproject and assistance for loss of business.

Chainage37+000 Location: Gorumare Danda No. of Discussion: 3 Women: 34 Men: 61


The Subproject has avoided land acquisition by using the available road alignment The Entitlement Matrix of Resettlement Plan has made provisions of compensations for the affected assets and persons at replacement costs The RP has made provisions of compensation at the replacement costs to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non-skilled and semiskilled labours during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the Subproject and assistance for loss of business..

Chainage 40+000 Location: Okhaldhunga No. of Discussion: 1 Women: 20 Men: 35


The Subproject has avoided land acquisition by using the available road alignment The Entitlement Matrix of Resettlement Plan has made provisions of compensations for the affected assets and persons at replacement costs The RP has made provisions of compensation at the replacement costs to the owners of affected plots The RP in its Entitlement Matrix has made provisions for involving non-skilled and semiskilled labourers during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the project and assistance for loss of business.

Chainage 41+200 Location: Ramailo Danda No. of Discussion: 1 Women: 24 Men: 43

Subproject's impact on land acquisition Options of involving local people Provisions of compensations for the affected assets at current market value Employment opportunity during construction Options of compensations for the affected residential structures and

The Subproject has avoided land acquisition by using the available road alignment The Entitlement Matrix of Resettlement Plan has made provisions of compensations for the affected assets and persons at replacement costs The RP has made provisions of compensation at the replacement costs

24

Consultation Issues How was it addressed? loss of businesses to the owners of affected plots

The RP in its Entitlement Matrix has made provisions for involving non-skilled and semiskilled labourers during project implementation The RP has made provision of compensating all residential and residential cum commercial structures to be affected by the project and assistance for loss of business.

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Table 4-3: Public Consultation held in different location of Harkapur-Okhaldhunga (March- April 2010) Date Lo cation No. of

participants Type of people

attended Topics discussed Issues raised Mitigation addressed

April 20, 2010 (2067/1/07)

Manebhanjyang, Manebhanjyang VDC

16 Affected people, business men, Local politicians, peasants, service holders, teachers, students

Positive and negative impact of the road construction, major occupation, source of income, land acquisition, resettlement & rehabilitation, participation in the road construction, compensation framework, female participation in income generating activities, HIV/AIDS & girl trafficking etc.

Dust & loss of assets, Compensation modality for the loss of land & structures, better to provide land for loss of land instead of cash compensation, negative impact on environment (such as land slides, loss of plants, trees, forest, employment during construction.

The RP has made provision of compensation based on replacement cost. There is no provision for land for land in RP, but the project can facilitate while DPs purchase land. Initial Environment Examination (IEE) has addressed the issue of dust, environment degradation. Preference will be given to the DPs during road construction.

April 27, 2010 (2067/1/14)

Ketuke, Ketuke VDC

38 Affected people, business men, Local politicians, peasants, students, ex- army and police personnel social- mobilzor


It seems the project require very small strips of land, No one is required to resettle. Option of compensation for the loss of land and dissemination of project information is required.

The RP has made provision of compensation based on replacement cost. Public consultation and people participation has been encouraged in the project. Consultation will be made during project implementation.

April 28, 2010 (2067/1/15)

Harkapur Tar, Toxel VDC

29 Affected people, business men, Local politicians, peasants, service holders, teachers, students


Possibility of loss of residential and other structures, loss of forest etc.; compensation should be at current market value, dust pollution during road construction

There is a provision compensation at replacement cost in RP. IEE has addressed the resolve the environmental issues.

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4.4 Disclosure of RP

80. It is the responsibility of EA for the disclosure of RP to the displaced households. Disclosure of RP is expected to be helpful to the local people to be aware about the Subproject and provisions of compensations and other assistance. A summary Resettlement Plan (RP) will be translated into Nepali and made accessible to the affected people through respective DDCs and CDO office after finalizing the RP. The translated summary of the Plan will also include the Entitlement Matrix to inform the Subproject Displaced households about the nature of compensation as per the nature and extent of loss. RP will be disclosed to the EA and ADB website.

4.5 Plans for fur ther consultation and community participation du ring sub project implementation

81. In order to ensure the effective implementation of the RP, several additional rounds of consultative meetings with the DPs need to be carried out during the project implementation. Such consultation should be carried out in collaboration with the NGOs to be hired by the Project to implement the RP. Some of the appropriate plans to be considered while conducting further consultation are as follows: The NGO, the EA-PIU will conduct information dissemination sessions in the project

area and seek the help of local community/leaders as well as to encourage the participation of DPs;

Focus Group Discussions will be held with the vulnerable groups such as women, Schedule Casts, ethnic community and so on in order to help them develop a holistic understanding regarding the project as well as the benefits and special consideration that will be given to them throughout the project;

The Resettlement Specialist (RS), Supervision Consultant (SC) will organize public meetings to inform the community about the payment and assistance paid to the community. Regular update of the program and resettlement component of the project will be placed for public display at the Project offices.

82. The participation of DP’s will be further enhanced through their active involvement in the Subproject level office's Grievance Redress Committee (GRC). In addition PIU’s an implementing NGOs will maintain an ongoing interaction with DP’s to identify problems and undertake appropriate remedial measures.

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CHAPTER 5: GRIEVANCE REDRESS MECHANISMS

5.1 Government Policy for Grievance Redress 83. There are provisions of compensation for losses or any damages during land acquisition under the Land acquisition act of Nepal 1977. The Act allows for interested persons (i.e. DPs) during a land acquisition process to file or represent their cases to the Chief District Officer (CDO) and raise objection against acquisition by a notice to the Ministry of Home and to get redressed under the LA Act clause 11 Section 1, 2 and 3. Various complaints and problems that are likely to rise during and before the implementation of a project include the following:

Project Displaced persons not listed in the compensation list; Losses not identified correctly Compensation/assistance inadequate or not as per entitlement matrix Dispute about ownership Delay in disbursement of compensation/assistance and Improper distribution of compensation/assistance in case of joint ownership

84. Through public consultations, the DPs will be informed that they have a right to grievances redress. The DPs can call upon the support of the NGO to assist them in presenting their grievances or queries to the GRC.

5.2 Proposed grievance redress mechanism 5.2.1 G rievance redress 85. For grievance redress, a Grievance Redress Committee will be established in each sub-project road under the chairmanship of VDC Chairperson; other members of the committee will be two representatives of DPs (one man and one woman), representative from DoR, SC representative, and representative from the Project. GRC meeting will be held at least once a month. The DPs may submit their concerns or grievances verbally or in writing to this Committee. All complaints/grievances will be documented properly by the Committee. The Committee shall make field-based assessment to verify/examine the grievances, if necessary. After proper examination/verification of the grievances the Committee shall facilitate the Project, DoR, DPs and other concerned parties to agree on a time-bound action plan to resolve the grievance if found to be genuine. Attempts will be made to settle the issues at the subproject level through involvement of social and resettlement experts, NGos, mediators and facilitators as required. All cost incurred in resolving the complaints will be borne by the project. 5.2.2 Grievance resolution procedure 86. Figu re 2 shows the grievance resolution procedure about how the affected persons / submit the grievances / complaints to the Grievance Redress Committee (GRC). The GRC will try to solve the grievances at the project site level within a week. If the grievances cannot be solved at project site level, it will submit to the Project Manager, DoR at project level. If the grievances cannot be solved within a week by the Project Manager, it will be referred to the District Administration Office. Again, if the grievances cannot be solved by the CDO, it will be referred to the Home Ministry. The Ministry of Home Affairs is normally required to make decision on a complaint within 15 days, unless further information is required, or unless the

28

complaint has to be solved in a court of law (e.g. ownership disputes).The proposed grievance resolution procedure will be as below:

LCG will resolve the grievances at project site level, if it cannot, it will be referred to Project Manger, DoR for resolution;

The DoR PM will make field visits to verify the grievances. The grievances will be assessed and if required solutions will be recommended. If the grievances are not resolved, they will be referred to the CDO;

CDO will assess the grievances and try to resolve with discussing with PM If it cannot, it will be referred to the Home Ministry.

29

Figure 2: Grievance Resolution Procedure

Affected party declares a grievance

Grievance reported to local grievance redress committee at subproject level

Grievance resolved

If unresolved: grievance sent to Project manager to investigate with the assistance of Resettlement Specialist, SC

Grievance resolved

If unresolved: referred to CDO for resolution. Grievance

resolved

If unresolved refer to Home Ministry for resolution according national legal system

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CHAPTER 6: LEGAL FRAMEWORK

6.1 Legislation

87. Prior to 1990, the Government had no constitutional obligation to pay compensation for the acquisition of private assets. There was no right to receive compensation for private property. The Constitution of Nepal (1990), Article 17 established the right to property. In addition, the fundamental rights of a citizen were strengthened by the Interim Constitution of Nepal (2007), Article 19. 6.2 The Constitution 88. The Interim Constitution of Nepal (2007), Article 19 (1) guarantees the fundamental right of a citizen, i.e. right to acquire, own, sell and dispose of the property. Article 19 (2) describe that the state cannot acquire the property of any person except in case of public interest. Article 19 (3) also state that compensation shall be provided for any loss of individual property for public interest. 6.3 Land Acquisition Act 89 The Land Acquisition Act (1977) specifies the procedures for land acquisition and compensation. The Act empowers the government to acquire any land for public interest or for the execution of any development works. There is a provision of Compensation Determination Committee (CDC) under the chairmanship of Chief District officer which will fix the rate of compensation for the affected property. The other members in the committee are the Chief of Land Revenue Officer, representative from District Development Committee (DDC), concerned Project Director/Manager. The committee can also invite representatives from among the Displaced persons, representative from affected VDC/Municipality. 90. The basic function of the CDC is to review the verification of lands to be acquired, review and determine the compensation rate, identify the proper owners, distribution of compensation and address the issues related to land acquisition and compensation distribution. District Administrative Office (DAO) is also responsible to notify the public regarding the details of the land area, structure affected and other assets affected in the concerned VDC/Municipality for project purposes. 91. The Land Reform Act (1964) is relevant in the compensation distribution modality. It specifies the compensation entitlements for the registered tenant. Where the tenancy right is legally established, the owner and tenant each will be entitled to 50% of the total compensation amount. 92. The Section 42 of the Land Reform Act states that Guthi (religious/trust) land acquired for development work must be replaced with another land. 6.4 ADB Resettlement Policy 93. According to the ADB Safeguard Policy Statement (2009), the basic objectives of the safeguards requirements are to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. ADB’s main policy guidelines are:

31

Involuntary Resettlement (IR) should be avoided wherever possible; Where IR is unavoidable, minimize involuntary resettlement by exploring project and design

alternatives; Enhance or at least restore the livelihoods of all displaced persons in real terms relative to

pre-project levels; Improve the standards of living of the displaced poor and other vulnerable groups; Gender analysis is required to identify related resettlement impacts and risks; Resettlement Plans (RP) should be prepared in full consultation with displaced persons

(DPs), host communities, and concerned nongovernment organizations (NGOs) including disclosure of the RP and project related information;

Preference will be given to land-based resettlement for displaced persons whose livelihoods are land-based. However, if the land is not the preferred option or the land is not available at reasonable price, the DPs will be provided opportunities for employment, or self employment, in addition to the reasonable cash compensation for land and other assets lost;

Cash compensations for the loss of structures, other assets and incomes should be based on full replacement cost;

Absence of formal legal title to land or non-recognized or recognizable claims to such land by the Displaced persons should not be a bar to compensation;

The rate of compensation for land, structures and other assets should be calculated at full replacement cost on the basis of fair market value; transaction cost; interest accrued; transitional and restoration cost, and other applicable payments, if any.

All compensation payments and related activities must be completed prior to the commencement of the civil work;

Special attention to be paid to the needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children and indigenous people and those without legal title to land.

6.5 Nepal and ADB resettlement policy differences 94. There is no legal provision to compensation the non legal titleholder (who do not posses the land ownership certificate) in Government of Nepal legislation, where as ADB policy indicates there should be compensation to land irrespective of legal ownership. 95. There is a provision of compensation to all affected structures including encroacher/squatters in ADB Policy, where as squatters/encroachers are not entitled for the compensation of structures built in the government land in Nepal. 96. In Nepal, the compensation for all affected assets will be determined by the Compensation Determination Committee (CDC) under the chairmanship of Chief District Officer (CDO), where as ADB policy spell out the compensation for all lost assets shall be as per market price/replacement cost. 97. There is no provision of different rehabilitation allowances in the government regulation where as ADB policy recommends various rehabilitation allowances like displacement allowance, transport allowance, income generating activities for livelihood restoration for severely affected families and vulnerable groups based on the extent of loss and damage made by the project. This is required to restore their livelihood as it was before the project and improve the standard of living of the displaced, poor and vulnerable groups.

32

6.6 Bridging the difference between government and ADB policy 98. In most cases, the legal framework of the Government of Nepal and ADB policy on resettlement aim at achieving the same overall goals such as avoiding involuntary resettlement as far as possible. Where displacement is unavoidable, the living status of the affected people shall be improved at pre-project condition at no cost to themselves. However, the resettlement principles adopted in this project to bridge the gap between ADB Policy and GoN policy, are as follows:

Ensure resettlement at replacement cost; Compensation and resettlement assistance to all DPs irrespective of titles; Compensation for the lost business, disruption of business enterprise; and Avoid private land, house / structures and other assets;

99. From the experience of different road construction project, the following resettlement issues are expected during implementation of this subproject.

Non- registration of project affected land in the District Land Revenue Office; Non –transfer of the land title of Guthi Land (Trust land) to the petitioning person; Difficult in land acquisition due to the absence of land owners (e.g. not in the country); Disturbances by political person/vested interests of local elites in the land acquisition or

resettlement process. Land ownership details are kept at the District Land Revenue Offices, along with

cadastral maps. However, land ownership changes, through inheritance and subdivision, are not always recorded at the district offices. These discrepancies will complicate the process of identifying and confirming entitled persons.

100. However, the following Table 6-1 shows the differences and gaps of resettlement policies and the measures recommended bridging the gaps between ADB SPS and the national policy/law. Table 6-1 Comparison of differences and gaps between Government Law, ADB SPS and

Measures Recommended in the Resettlement framework

Key Issues Government Laws

ADB SPS Measures recommended

in the RF Loss of more than 10% of the total landholdings and income

Do not consider the percentage loss of income or total land holdings

Income restoration programme such as training and other measures to restore and improve the standard of living of the displaced households

Provision has been made to provide training and measures in the EM

Squatters/illegal occupants/non-titled land users

Do not consider squatters/ encroachers/ non-titled land users for compensation

Not entitled for compensation for land; squatters/ vulnerable encroachers/non title holders are entitled to payment for the structures/houses/ business and other assistance

Provision has been made to provide compensation for the structures/houses/ business in the EM

Valuation of affected Compensation All compensation is Provision has been

33

Key Issues Government Laws

ADB SPS Measures recommended

in the RF land , houses & other structures and trees

rate will be determined by CDC, consisting of (i) CDO, (ii) representative from DDC (iii)Chief of Land Revenue Office (iv) Project Manager

based on the principle of replacement cost

made for the replacement value for the loss of land, houses/structures. .DPs are allowed to take salvaged materials. CDC will make final decision on the rates in the presence of representatives from DPs, VDCs, civil society, who will attend the meeting as an observer

Other assistance for relocation of the houses

No provision All the eligible DPs including tenants, employees are entitled to receive financial assistance to cover physical and economical displacement

Provision has been made for the transitional allowances, transport allowances and one time financial assistance to the tenants, employees

Vulnerable groups No provision Focused on the poor and vulnerable group to avoid future impoverishment and create new opportunities

Provision has been made for income restoration programme and other financial assistance

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CHAPTER 7: ENTITLEMENT, ASSISTANCE AND BENEFITS

7.1 E ntitlement policy 101. The GoN have already approved the resettlement framework and entitlements for Road Sector Connectivity 1 project. However, some revisions have been made in the Entitlement Matrix which is based on the Land Acquisition Act 1977 and compatible with the ADB new Safeguard Policy Statement 2009. ADB’s Safeguard Policy Statement (2009) on involuntary resettlement requires compensation for the lost assets at replacement cost to both titled and non-titled holders and resettlement assistance for lost income and livelihoods. Further, the principles adopted herein contains special measures and assistance for vulnerable DPs, such as household headed by women, disabled persons, ethnic groups, and household living below poverty line. 102. For the project, the following entitlements have been proposed to mitigate the potential impacts of the project. It describes the following:

Unit of entitlement; Entitlements for the loss of agricultural/ commercial/ residential lands; Entitlements for the loss of crops, fruit fruits and wood trees; Entitlements for the loss of income by agricultural labourers/ kiosks/wage earners; Loss of income by structure owner/tenants for conducting business; Assistance to vulnerable groups; Livelihood assistance and skill development training to the severally affected families; Rehabilitation/restoration for loss of cultural & community structures/facility; and Measures for unanticipated adverse impact due to the project intervention or associated

activity.

7.2 E ntitlement matrix 103. All the DPs will be compensated at current market value or replacement costs. For the loss of agricultural land, cash compensation will be made. Additional compensation will be given for the loss of crops/vegetation. It will be calculated on the basis of net production of one crop in the affected area. Rehabilitation allowances will be paid to the severally affected families (who have lost more than 10 % of their productive lands holdings and income) in terms of livelihood/skill development training for income restoration to the households. Similarly, additional assistance to vulnerable groups will be provided for restoring their livelihoods. 7.2.1 Loss of land

Cash compensation for land based on replacement cost; In case of the agricultural crops, cash compensation for loss of agricultural at current

market value of mature crops based on average production. Advance notice of 1 month will be provide to harvest crops;

Compensation for loss of fruit trees for average fruit production for the next 15 years at current market value;

All the fees, taxes incurred in the relocation will be borne by the project. Permanent tenants/sharecroppers will receive 50 % cash compensation for the loss of

affected plots

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7.2.2 Loss of residential/commercial structures

Cash compensation for loss of structures at replacement value; Two months local agricultural wage rate for rebuilding/ rehabilitation of structures.

Transport allowance to cover the cost of moving structures including loading/uploading of materials;

Squatters/encroachers, if vulnerable, will eligible for the loss of structures and also entitled for transport allowance, but not eligible for the loss of land;

Owners will be allowed to take/reuse the salvaged materials for rebuilding structures 7.2.3 Assistance for tenants 104. There is a provision that the renter of house/commercial structures will receive a rental assistance equivalent to one month rent to moving to alternative premise for re-establishing house/business.

7.2.4 Income restoration assistance

Family having more than 10% loss of total landholding or income will be considered as severely affected families. Such family will receive cash assistance equivalent to 90 days local wage rate and one time economic rehabilitation grant of Rs. 10,000.

Additional assistance to vulnerable groups. Such groups will receive cash assistance for 90 days at he local wage rate and special assistance of NRs 10,000 for restoring their livelihoods;

One time financial assistance to hired employees equivalent to 90 days wages rate as determined by CDC.

One time cash assistance of minimum one month to kiosk based on the nature of business and type of losses assessed on case-to case basis.

Skill development training equivalent to NRs 8,000/ family will be provided to the DPs having more than 10% loss of total holding or income and vulnerable groups. RS will conduct need assessment and will organize skill development program according to the DPs.

7.2.5 Reconstruction of cultural/community structures/facilities

105. The project will reconstruct or rehabilitate the community /cultural structures or cash compensation will be provided to the recognized patron/custodian.

7.2.6 Unanticipated adverse impact 106. The project implementation authorities will deal with any unanticipated consequences of the project during and after project implementation according to the principle of Entitlement Matrix. 107. A detailed Entitlement Matrix has been provided in the following Table 7-1.

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Table 7-1: Entitlement Matrix

Nature of Loss Application Definition of DP Entitlements Result of

Action Responsibility

A. Land Acquisition Loss of agricultural /residential/ commercial land by landowners

Person(s) with land records verifying ownership

Cash compensation based on replacement cost. Subject to the availability of land, Displaced persons (DPs) may opt for replacement land of a similar productive quality and location instead of cash compensation. All fees, taxes and other charges as applicable under the relevant laws, incurred in the relocation and resource are to be borne by the project.

Compensation for lost assets.

DOR and CDO

Loss of agricultural residential/ commercial land by permanent tenants

Renter or share-cropper of land

Fifty percent cash compensation to the share cropper/ tenants of the affected plots as per the prevailing laws (LA Act Clause 20)

Compensation for loss of tenancy.

DOR and CDO

Loss of land temporarily for the use of contractors during construction

Additional land and other assets acquired for construction and improvement works beyond the existing road Land acquired temporarily by contractors

Person(s) with land records verifying ownership

Contractor to negotiate a contract agreement on the rental rate with the owner for temporary acquisition of land.

Project and the contractor to ensure that persons other than the owner affected as a result of temporary acquisition are compensated for the temporary period.

Land should be returned to the owner at the end of temporary acquisition period, restored to its original condition or improved as agreed with the DP.

Compensation for temporary loss of assets.

DOR and Contractor

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B. Loss of Income Generating Assets, Loss of agricultural crops, and fruit and wood trees by owner

Land purchased or reclaimed for road purposes

Owner of crops or trees Includes crops /treesowned by encroachers/ squatters

Advance notice of 1 month to be provided to DPs to harvest their crops. Cash compensation for loss of agricultural crops at current market value of mature crops based on average production. Compensation for loss of fruit trees for average fruit production for next 15 years to be computed at current market value. Compensation for loss of wood-trees at current market value of wood (timber or firewood, as the case may be).

Cash income for lost crops/trees.

DOR and CDO

Loss of agricultural crops and fruit and wood trees by share-cropper/ tenant

Land purchased or reclaimed for road purposes

Share cropper/ tenant

Advance notice of 1 month to be provided to DPs to harvest their crops. Cash compensation for loss of agricultural crops at current market value of mature crops, based on average production. Compensation for loss of fruit trees for average fruit production for the next 15 years to be computed at current market value.

Cash income for lost crops/trees

DOR. CDO and Supervision Consultant

Loss of income by agricultural labourers /wage earners

Work opportunities reduced

Persons working the affected lands

One time financial assistance equivalent to 90 days wage to be computed on the basis of local wage for respective district for respective categories.

Short-term assistance/ compensation for loss of income.

DOR , CDO and Supervision Consultant

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Loss of income by structure owner/ tenants for conducting business

Business adversely affected by road construction

Owner of business / business tenants

One-time lump sum grant; minimum one-month's income based on the nature of business and type of losses assessed on a case-to-case basis.

Short-term compensation for loss of income.

DOR, CDO and Supervision Consultant

Loss of business premise by owners renters

Structure on acquired land and/or legally confirmed ownership rights

Owner /renter of business

One-time cash assistance equivalent to 2-month’s income based on the nature of businesses for re-establishing the businesses at the alternative premise. Shifting allowance (transport plus load un loading charges) will be paid to affected businessmen (if applicable), on actual cost basis. The amount of deposit or advance payment paid by the business tenant to the landlord will be deducted from the payment of the landlord.

Removal /relocation assistance.

DOR CDO and Supervision Consultant

Loss of wages by employees

Income reduced during period of readjustment

Employees of business

One-time financial assistance to hired employees equivalent to 90 days wages to be computed on the basis of local wage rates as determined by CDC formed under CD0s for respective district for respective categories. DPs who are eligible for semi-skilled and unskilled labour will be given priority in employment opportunities in the Project's implementation works.

Short-term compensation for loss of income.


39



Loss of income by kiosks

Business affected temporarily during road construction.

Non-mobile business operators on footpaths road side

One-time cash assistance: minimum one-months income based on the nature of business and type of losses assessed on a case-to-case basis as determined by CDC formed under CDOs. Shifting allowance will be paid to the affected (if applicable), on actual cost basis.

Short-term Compensation for loss of income.


Additional assistance to vulnerable groups

Household income affected as a result of road construction

Women-headed households; disabled or elderly persons: ethnic/occupational caste people; DPs who live under official poverty line

Cash assistance for 90 days at the local agricultural wage rate for respective district. Special assistance of NRs 10,000 to the affected vulnerable persons for restoring their livelihoods. Skill development training per family to be organized by Supervision Consultant for any productive activity at the rate of NRs 8,000. Temporary employment in the project construction work to DPs with particular attention to DPs who live under poverty line by the project contractor to the extent possible.

income restoration assistance.


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Livelihood assistance and skill development training to the family having significant loss of property and income sources

Severely Affected Families

Family having more than 10 percent loss of total land holding or income affected by the project: absentee landlords will not eligible for this provision

Cash assistance for 90 days at the local agricultural wage rate for respective district. One time economic rehabilitation grant of NRs 10,000. Skill development training per family to be organized by Supervision Consultant for any productive activity at the rate of NRs 8,000. Temporary employment in the project construction work to DPs with particular attention to DPs who live under poverty line by the project contractor to the extent possible.

Income restoration assistance.


C. Loss of Residential, Commercial, Community Property Loss of residential structures and commercial structures by owners including squatters

Land on which property stands purchased or reclaimed for road purposes

Owners of the structure

Cash compensation for loss of structures at replacement costs. Owners of affected structures will be allowed to take/reuse their salvageable materials for rebuilding/rehabilitation of structure without deducting any costs. In case of relocation, transfer allowance to cover cost of shifting (transport plus Loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. In case of rebuilding/rehabilitation of structure, a transitional allowance to cover lost of time and income for DP, 2 months cash assistance at the local agricultural wage rate will be paid.

Restoration of residence/ shop

DOR and CDO

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Assistance from project to locate alternative plot for relocation : OR relocation to a resettlement site developed by the project if opted by DP.

Loss of residential structures and commercial structures by encroachers

Owners of the structure

Compensation for structure (but not for land) at replacement cost to the vulnerable persons only. Encroachers will be notified a time in which to remove their assets to be affected. Encroachers who are vulnerable / below poverty line to be assisted case-by-case considering relevant facts on family income and existing assets.

Restoration of residence /shop


Loss of residential commercial structures by tenants (Renters)

Renters of house/commercial structures

Rental assistance equivalent to 1 month rent moving to alternate premise. Transfer allowance to cover cost of shifting (transport plus loading /unloading) personal effects paid on actual cost basis or on current market rates.

Assistance to make alternative arrangements


Loss of cultural & community structures / facilities

Monastery/Temple/ Religious Tree/ community land/ Graveyard

Complete rehabilitation/restoration by the Project; or, Cash compensation for restoring affected cultural/community structures and installations, to the recognized patron/custodian.

Replacement /restoration of structure /facility


Unanticipated adverse impact due to project intervention or associated activity

The EAs and project implementation authorities will deal with any unanticipated consequences of the project during and after project implementation in the light and spirit of the principle of the entitlement matrix.

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CHAPTER 8: RESETTLEMENT BUDGET AND FINANCING PLAN 108. This chapter will provides cost estimates for the RP activities described in preceding chapters under the following items:

direct compensation cost for the acquisition of land cost associated with the loss of agricultural crops cost associated with rehabilitation measures to SPAF and vulnerable groups for

livelihood and skill development training 8.1 Dire ct Costs 8.1.1 Land cost 109. According to the engineering estimates, a total of 21,271.88 sq. m of land is required from Harkapur to Okhaldhunga for widening the road. The road width will range from 6-12 meters in different section of the road. 110. The estimate of the land cost will be based on the calculation made in October 2008 and presented on the RP report. However, consultation were undertaken with the DPs during consultation and with district level officials to know the prevailing rate. 111. Official land prices are different than the market price. However, the official rate of 2066/67 (2009/100) has been considered as a reference while estimating the land price. The following are the estimate of land price and total cost of land by affected VDC.

Table 8-1: Total area affected and cost estimate by VDCs

Affected VDCs Land required (in sq.m.)

Unit cost (NRs.) per sq. m

Tentative cost

Toxel 2,748.84 400 1,099,536 Thakle 6,844.12 400 2,737,648

Manebhanjyang 8,938.27 600 5,362,962 Ketuke 2,972.9 590 1,754,011 Salleri 1,907.78 400 763,112

Okhaldhunga 1,859.95 800 1,487,960 Total 21,271.88 13,205,229

Cost estimate for compensation of private land for the widening of existing road, amounts to NRs. 13,205,229. 8.1.2 Cost for structures 112. The compensation rate for the affected buildings and structures were estimated according to the type of structures such as frame structures, cement mortar RCC/RBC structure, mud mortar RCC/RBC structure, mud mortar with CGI roofed and temporary structure. Six structures, including one staircase of temple, were affected for the project purpose. The total cost for 6 structures is estimated on the basis of recent increase in the price of the construction materials as, NRs. 1,702,000. Cost estimate for the compensation of residential/business and other structures for the widening of existing road, amounts to NRS. 1,702,000.

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8.2 Indirect cost 8.2.1 Assistance to DPs 113. It has been found that the 3 business and 1 residential structures require dismantling and 2 structures will be affected partially. Different rehabilitation allowances as per EM for the displaced households are as below:

Cash assistance for 60 days at the local wage rate = (4 x 60 x Rs. 300= NRs 72,000); One time economic rehabilitation grant of NRs. 10,000 x 4 -= NRs. 40,000 Skill development training per family= 4 x 8,000 = NRs.32,000

Cost estimate of different allowances for 4 SPAFs, amounts to NRs. 144,000. 8.2.2 Assistance to vulnerable group 114. The census survey found that 73 households are vulnerable. Different rehabilitation measures as per EM for such households are as below:

Cash assistance for 90 days at the local wage rate = (73 x 90 x Rs. 300= NRs 1,971,000);

One time economic rehabilitation grant of NRs. 10,000 x73 -= NRs. 730,000 Skill development training per family= 73 x NRs. 8,000 = NRs. 584,000

Cost estimate of different allowances for 15 vulnerable groups, amounts to NRs. 3,285,000. 8.3 RP implementation 115. RP implementation covers the cost for the implementation and management of resettlement–related activities. It includes information dissemination campaign, public consultation, cost of CDC meeting, local grievance redress committee meetings etc. Information dissemination: Lump sum NRs.100, 000 Public consultation: 12 x @ 5,000 = NRs 60,000 CDC meetings: 12 meetings @10,000 = NRs 120,000 Local GRC meetings: 20 meetings @ 7,000 – NRs 140,000 Total cost estimate of RP implementation amounts to NRs 420,000 8.4 E xternal monitor 116. An amount of NRs. 1,000,000 has been budgeted for two monitoring exercise by the university teachers/ researchers or development NGOs 8.5 Contingencies 117. A contingency amount of 10 % of compensation and rehabilitation costs include for the widening and upgrading of existing road.

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8.6 Total cost estimate 118. The total cost estimate for the widening and upgrading of existing road from Harkapur to Okhaldhunga and land acquisition made up as follows:

Table 8-2: Summary of Compensation Costs

Items Total cost (in NRs.)

Private land 13,205,229 Private and community structures 1,702,000 Compensation for DPs 144,000 Economic rehabilitation to vulnerable group 3,285,000 RP implementation 420,000 External monitor 1,000,000 Contingencies (10 %) of the cost of compensation and rehabilitation)

1,975,622

Total estimated cost 21,731,851 8.7 Finan cing Plan 119. All costs related to land acquisition and resettlement budget would be borne by the Government. The EA will ensure that adequate funds are delivered on time to the CDO for timely implementation of RP.

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CHAPTER 9: INSTITUTIONAL ARRANGEMENTS

9.1 Institutional setup 120. Ministry of Physical Planning and Works (MPPW) will be the executing agency (EA) and Project Implementation Unit (PIU), DoR will be the implementing agency (IA) for this project. The PIU will be stationed at central level where as there will be subproject office at project implementation level. As the project implementation Unit, PD, PIU will assume the following responsibility for RP implementation:

Establishment of subproject offices headed by Project Manager (PM); Establishment of Subproject level committees with the representation from DPs,

Vulnerable group, local political leaders, local NGOs Establishment of Grievance Redress Committee (GRC) in each affected VDCs; Recording of all project affected persons; Establishment of the procedures for the

resettlement and compensation activities; Orientation and training program in the subproject office/field offices related to

resettlement policies and management prior to the implementation of resettlement activities.

121. The IA will establish subproject office/field office for the subproject headed by Project Manager (PM) with officer in rank of Senior Divisional Engineer. The Project Manager will be responsible for implementing the resettlement activities at field level with the help of Resettlement Specialist (RS) of Supervising Consultant (SC). The PM will coordinate with the CDO in formation of CDC at district level and keep coordination with other line agencies at district level for the implementation of RP. PM will also play a key role in solving the local grievances at project site by establishing GRC at local level. 122. The RS will play a crucial role implementing the RP. The consultant will assist the Project Executing Agencies (PEAs) in implementing resettlement plans (RPs) and other social mitigation plans of transport projects in Nepal. The TOR of the RS has been provided in the Annex 9-1. 9.2 Compensation Determination Committee (CDC) 123. The Land Acquisition Act (1977) specifies the procedures for land acquisition and compensation. The Act empowers the government to acquire any land for public interest or for the execution of any development works. There is a provision of Compensation Determination Committee (CDC) under the chairmanship of Chief District officer which will fix the rate of compensation for the affected property. The other members in the committee are the Chief of Land Revenue Officer, representative from District Development Committee (DDC), concerned Project Director/Manager. The committee can also invite representatives from among the affected persons, representative from affected VDC/Municipality. 9.2.1 Role and responsibilities 124. The committee will be responsible for dealing with the issues related to compensation and rehabilitation. The main responsibilities of the committee are:

To verify the loss of land and other assets due to project implementation Publish notice for land and other assets acquisition by the project Determine the price of all kinds of loss incurred Hold meetings with the affected people Notify the DPs to collect compensation

46

Pay compensation for all loses Hear grievances if any and Implement rehabilitation measures

9.3 Grievance redress committee (GRC) 125. There will be two level of GRC. One will be according to the clause 11of Land Acquisition Act 1977 which will be chaired by the CDO. Under the LA Act, any DPs can raise objection against acquisition of land by a notice to Ministry of Home. There are normal procedure and rules and regulation to address the complaints/grievances. There will be another GRC at local level (each VDC). DPs can submit grievances verbally or written to this committee for resolution. If the grievances resolved at local level, it will not refer to CDO. In case, it is not resolved, it will refer to GRC at district level which is chaired by CDO. 9.4 Supervision consultant (SC)

126. The Resettlement Specialist of SC will be responsible in resolution of grievances at local level and assisting the PM for coordinating land acquisition and resettlement activities and implementation of RP. RS will also assist in updating resettlement data and keeping data in an efficient manner. More specifically, RS, SC will perform the following activities:

Inform affected persons of entitled compensation and methods of receiving compensation payment;

Assist CDC in determining the compensation for various affected assets; Assist PM in the resolution of grievances at local level; Identify vulnerable group and severely affected persons and recommend additional

assistance and livelihood assistance and skill development training to them; Arrange skill development training through recognized training institution at project

level; Deploy local NGO in the project land acquisition, resettlement, rehabilitation and HIV

/AIDS, anti-trafficking, child labour, Gender and all social awareness programme and monitoring activities, if felt necessary;

Keep and update all resettlement activities and submit monthly resettlement implementation progress report to PIU, DoR;

Conduct awareness program of HIV/AIDS/STD and girls trafficking, child labour, gender program through local NGOs/ or any group

9.5 Staff training at PIU

127. At present, there are no sufficient experienced personnel involved in land acquisition, resettlement and rehabilitation activities at PIU, though Geo-Environment Unit (GEU) of DOR looks at the social and resettlement aspect of the project. The unit comprises of one Senior Divisional Engineer, 2 Assistant Engineers and 1 Sociologist. They are involved in all the social and environmental aspects of the project under DOR. However, most of them are not familiar with the ADB new Safeguard Policy. After RS is mobilized, a 2 days orientation and training regarding the ADB new Safeguard Policy 2009 and management and other related to land acquisition and resettlement to the concerned staff of DOR (including the field staff) involved in the implementation of resettlement and rehabilitation activities of the transport projects will be conducted. The training/orientation session will be repeated in the field offices, DDCs and VDCs either by grouping the adjacent districts or individually as per convenience of the filed staff. 128. The organizational Framework for Resettlement Activities has been illustrated in the Figure 9.1.

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Figure 3: Organizational Framework for Resettlement Activities

GoN Ministry of Physical Planning and Works Executing Agency

Implementing Agency

ADB External Monitoring

Project Directorate (ADB) PIU

Project Director Deputy Project Director Social/Resettlement Specialist

Supervision Consultant (SC) Social/Resettlement/ Gender Specialist

Subproject Office (SPO) -Project Manager (Divisional Engineer)

Subproject Level Committee To be represented by: -DPs -Local representatives of political parties -Vulnerable groups -local NGOs

Project Affected families and Project Affected People

Grievance Redressal Committee (District) - CDO - DOR representative - VDC representative

Grievance RedressCommittee (VDC) - PM -VDC representatives -DPs

48

CHAPTER 10: IMPLEMENTATION SCHEDULE

129. The project is expected to be implemented from first quarter of 2012 to second quarter of 2014. Advance action such as establishment of subproject office, recruitment of Project Manager, establishment of grievance redress committee, formation of CDC is required. The major activities to be carried out during the period include (i) compensation payment and other rehabilitation assistance to the DPs and (ii) handing over of site to the contractor and (iii) income restoration assistance to the DPs. All activities will be completed before construction work commence or prior to award of civil work contract. However, income rehabilitation measures may continue and be completed even after civil works has begun. Table 10-1 provides the current status and implementation schedule of project resettlement activities.

Table 10-1 Implementation Schedule of the Resettlement Plan Implementation

S.N. Activities Time period Responsibility Status 1 Detailed design and survey May 2008 Consultant Completed 2 Identification of project affected

land parcels August 2008 Consultant, Completed

3 Conduct socioeconomic survey of the influence area and census survey of DPs

September 2008 Consultant Completed

4 Publication of Land Acquisition Notice

April 2011 DAO, Okhaldhunga

Yet to publish

5 Establishment of subproject office

January 2011 DOR Yet to establish

6 Mobilization of Supervision Consultant

February 2011 DOR Yet to mobilize

7 Dissemination of information, public consultation, distribution of summary of RP in Nepali

April- May 2011 DOR, SC Yet to be done

8 Formation of CDC March 2011 DOR, CDO Yet to be done 9 Determination of compensation

of affected assets May 2011 DOR, SC, CDO Yet to be done

10 Formation of GRC April 2011 DOR, SC Complete before the notice to collect compensation

11 Publish notice to collect compensation

June 2011 DOR, DAO Immediately after determination of compensation rate

12 Distribution of compensation June 2011 onwards

DOR, DAO Complete before the mobilization of contractor

13 Transfer of land entitlement of acquired land in the name of DOR/Government

July 2011 onwards DAO, DLRO, DLSO, DOR

Complete before the mobilization of contractor

14 Payment of rehabilitation allowances to SPAF & Vulnerable groups

July- August 2011 DOR, SC Complete before the mobilization of contractor

15 Recruitment of External independent monitoring agency

First quarter of 2012

DOR Mobilize after substantially compensation distributed to the DPs

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CHAPTER 11: MONITORING AND REPORTING

130. The DOR will establish a quarterly monitoring system and prepare progress reports on all aspects of land acquisition and resettlement activities. The activities will be monitored internally by DOR, and evaluated externally through an independently appointed agency, to provide feedback to management on implementation and to identify problems and successes as early as possible. Within 3 months of loan effectiveness, external monitors will be hired by the DOR with ADB concurrence. A set of monitoring indicators and terms of reference for the external evaluation agency will be developed and included in the RP. Biannual independent monitoring will be carried out during implementation.

11.1 Internal monitoring

131. The Project Implementation Unit (PIU) and Resettlement Specialist of Supervision Consultant will be responsible for internal monitoring. The RS, SC will provide feedback and suggestions for the effective implementation of RP. The monitoring activities such as the compensation for the loss of land, allowances for the loss of crops, identification of severely project affected people, vulnerable group will be made during the implementation of the project.

132. PIU will maintain record of all activities related to the resettlement in the database with the help of RS, SC.

133. Subproject office will responsible to keep record of baseline, socioeconomic, census and land acquisition and compensation payment data for field level monitoring.

11.2 E xternal monitoring

134. An external professional/individual/researcher or consulting agency, university department or development NGOs will be recruited by DOR who will carry out independent bi-annual review of resettlement implementation as well as post subproject evaluation. Two monitoring surveys (biannually) of a sample of displaced households will be undertaken by independent external monitoring agency/researchers. The main objective of this monitoring will be to measure the extent to which household subsistence agricultural production levels and standard of living have been restored or improved. For effective comparison of internal monitoring and assessment, the monitoring survey will include the data collection on the following:

Household composition, demography and occupation and employment level; Household assets; Income and expenditure; Consumption pattern; Consultation and grievance procedure; Delivery of entitlement as per the approved entitlements; Income restoration programme to vulnerable group and severely project affected families. Gender employment HIV AIDS, anti-trafficking and child labour awareness

11.3 Reporting 135. RS of SC will be responsible for monitoring the resettlement activities and submit monthly resettlement implementation progress report to DOR. DOR will submit quarterly reports of RP implementation to ADB with the help of Supervision Consultant. The independent monitoring agency/monitoring agency will submit bi-annual report directly to ADB with a copy to EA to determine whether or not resettlement goals have been achieved. The external monitoring agency will also carry out a final ex-post evaluation to ensure that all resettlement and land acquisition activities have been completed.

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REFERENCES

1) Asian Development Bank (2003), Key Indicators for the Asia and the Pacific, Manila, Philippines, August 2008.

2) Asian Development Bank (2009), Safeguard Policy Statement, Manila, Philippines, June 2009.

3) Asian Development Bank (2003), Gender and Development, Manila, Philippines, June 2003.

4) Central Bureau of Statistics (2003). National Population Census 2001 Selected Data. HMG/NPC, June 2003.

5) Central Bureau of Statistics (2003). Population Monograph of Nepal, Volume I, GoN, NPC,CBS,Kathmandu,2003.

6) Central Bureau of Statistics (2003). Population Monograph of Nepal, Volume II GoN, NPC, CBS, Kathmandu, 2003.

7) Central Bureau of Statistics (2006). Population Monograph of Nepal, Volume II GoN, NPC, CBS, Kathmandu, 2003.

8) Intensive Study & Research Centre (2008) District Profile of Nepal: A Socioeconomic Database of Nepal , Kathmandu, 2008.

9) Intensive Study & Research Centre (2008) Village Development Committee Profile of Nepal: A Socioeconomic Development Database of Nepal , Kathmandu 2008.

10) ND LEA Inc., Canada et. al. (2008) Resettlement Plan, Harkapur – Okhaldhunga , DOR, PD (ADB), Vol 3, October 2008.

11) ND LEA Inc., Canada et. al. (2008) Baseline Survey Report, Harkapur – Okhaldhunga , DOR, PD (ADB), September 2008.

12) UNDP (2004) Nepal Human Development Report 2004: Empowerment and Poverty Reduction, Kathmandu, Nepal 2004.

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Annex 1-1

ROAD CONNECTIVITY SECTOR 1 PROJECT PPTA for Subregional Transport Enhancement Project (STEP)

Public Consultation/ Focus Group Discussion

Road Name: District: Name of the Village/Settlement: Ward no. Number of people attending in the FGD:……… Date: S.N Discussion agenda Participants comments and suggestions

1 General perception about the project

2 Demographic and general socioeconomic condition of the affected village

3 Women’s participation in economic activities and average time spent by the women in households activities

4 Main occupation and source of income of the local people

5

Access to forest land and use of forest land/fodders

6

Current rates of the agricultural land

7

Market place for buying and selling of goods

8

Loss of private residence/ community structures

9

Resettlement and land acquisition

10

Perception on compensation for the affected assets

11 Transport and communication

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S.N Discussion agenda Participants comments and suggestions

facilities (community adjoining the roads and far from the roads)

12

Health and environment (access of health facilities and the type of disease prevailing in the community)

13

Approximate daily wage rate of the labour (Male, female, Children).

14 Availability of skilled and unskilled labour for road construction works (i) Skilled (no.) (ii) Unskilled (no.) (iii) Semi skilled (n0.)

15

Perceived benefits from the project (social-economic, educative)

16

Perceived losses from the project (physical, social)

17 General perception on HIV/AIDS and girl trafficking

18. If any other discussed

.

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Annex 1-2

(A) Attendance Sheet of the Participants (Manebhanjyang, Manebhanjyang VDC, Okhaldhunga)

54

(B) Attendance Sheet of the Participants (Ketuke, Ketuke VDC, Okhaldhunga)

Continued………

55

56

(C) Attendance Sheet of the Participants (Chitre, Bijutar VDC, Okhaldhunga)

57

(D) Attendance Sheet of the Participants (Harkapur Tar, Toxel VDC, Okhaldhunga)

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Annex 1-3 PHOTOGRDPHS

FGD at Toksel, VDC, Okhaldhunga district FGD at Ketuke VDC, Okhaldhunga district

FGD/Consultation at Ramailo danda Okhaldhunga FGD at Ketuke, Okhaldhuga VDC

FGD at Ramailo Danda, Okhaldhunga VDC

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Annex 2-1

List of Land Parcel and Name of the DPs by VDCs in Harkapur-Okhaldhunga Road

S.N. Name of Land Owner VDC Plot No. Area to be acquired in Sq. meter

1 Som Bahadur Tamang Ketuke 164 63.59 2 Lal Maya Tamang Ketuke 179 95.38 3 Chhabilal Thing Ketuke 162 31.79 4 Chhabilal Thing Ketuke 196 63.59 5 Rabilal Tamang Ketuke 160 31.79 6 Sutar Sing Thing Ketuke 149 31.79 7 Puri Maya Blone Ketuke 1152 127.18 8 Kul Bahadur Tamng Ketuke 920 63.59 9 Sabut Lal Tamang Ketuke 693 47.69

10 Man Bahadur Tamang Ketuke 539 15.89 11 Ramri Tamang Ketuke 3 63.59 12 Dhan Bahadur Tamang Ketuke 692 63.59 13 Jeet Lal Tamang Thing Ketuke 930 127.18 14 Jeet Bahadur Tamang Ketuke 932 127.18 15 Khadga Bahadur Tamang Ketuke 922 31.79 16 Khadga Bahadur Tamang Ketuke 917 63.59 17 Ram Bahadur Tamang Ketuke 918 63.59

18 Barja Bahadur Moktan Tamang

Ketuke 1079 158.98

19 Lal Maya Tamang Ketuke 171 63.59 20 Mangal Bahadur Tamang Ketuke 170 63.59 21 Mangal Bahadur Tamang Ketuke 172 63.59 22 Bir Bahadur Tamang Ketuke 757 63.59 23 Bhuwan Sing Tamang Ketuke 754 31.79 24 SDPri Maya Tamang Ketuke 775 31.79 25 Chiasule Tamang Ketuke 750 31.79 26 Bal Bahadur Tamang Ketuke 808 47.79 27 Nara Bahadur Tamang Ketuke 806 31.79 28 Khadga Bahadur Tamang Ketuke 805 95.38 29 G.B. Tamang Ketuke 816 95.38 30 Jeetlal Thing Ketuke 921 31.79 31 Mati Lal Tamang Ketuke 931 127.18 32 Sarki Tamang Ketuke 799 31.79 33 Nar Bahadur Tamang Ketuke 1083 31.79 34 Bir Bahadur Tamang Ketuke 729 63.59 35 Ang DORge Lama Ketuke 745 31.79 36 Jeet Bahadur Bloon Ketuke 620 95.38 37 Keshari Kumari Gurung Ketuke 618 63.59 38 Ramri Maya Tamang Bloon Ketuke 617 63.59 39 Ram Kaji Tamang Ketuke 610 47.79 40 Gana Gurung Ketuke 582 79.49 41 Dhan Bahadur Tamang Ketuke 580 31.79 42 Tanka Kumari Gurung Ketuke 577 95.38 43 San Bahadur Gurung Ketuke 585 63.59 44 Chhatra Bahadur Gurung Ketuke 588 95.38

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45 Binde Maya Tamang Ketuke 598 63.59 46 Khadga Bahadur Tamang Ketuke 600 31.79 47 Bal Bahadur Tamang Ketuke 599 31.79 48 Prem Doma Magar Manebhajyang 1049 63.59 49 Prem Doma Magar Manebhajyang 1094 63.59 50 Tanka Bahadur Magar Manebhajyang 1162 158.98 51 Gam Maya Shrestha Manebhajyang 1136 95.38 52 Pyachee Sharki Manebhajyang 1137 95.38 53 Magajit Rai Manebhajyang 1143 87.43 54 Kul Bahadur Magar Manebhajyang 55 31.79 55 Manke Shrestha Manebhajyang 8 95.38 56 Rudra Bahadur Magar Manebhajyang 4 31.79 57 Kala Kumari Kafle Manebhajyang 2 95.38 58 Radhika Kafle Manebhajyang 3 95.38 59 Gana Narayan Shrestha Manebhajyang 362 63.59 60 Jeevnath Kafle Manebhajyang 361 31.79 61 Bir Bahadur Shrestha Manebhajyang 355 31.79 62 Tek Bahadur Magar Manebhajyang 354 119.23 63 San Man Shrestha Manebhajyang 368 63.59 64 Dhakan Bahadur Shrestha Manebhajyang 1107 15.89 65 Sukra Bahadur Shrestha Manebhajyang 370 23.84 66 Lal Bahadur Shrestha Manebhajyang 371 23.84 67 Tek Prasad Kafle Manebhajyang 1081 23.84 68 Nara Bahadur Aale Manebhanjang 130 31.79 69 Bir Bahadur Shrestha Manebhanjang 1080 31.79 70 Chandra Bahadur Shrestha Manebhanjang 1061 31.79 71 Dik Bahadur Shrestha Manebhanjang 1063 31.79 72 Chandra Bahadur Shrestha Manebhanjang 1064 23.84 73 Eak Bahadur Shrestha Manebhanjang 1065 79.49 74 Tek Bahadur Magar Manebhanjang 1068 254.38 75 Chandra Bahadur Shrestha Manebhanjang 1076 158.98 76 Bahadur Ale Magar Manebhanjang 1100 39.74 77 Prem Duma Magar Manebhanjang 1047 63.59 78 Dev Bahadur Magar Manebhanjyang 452 47.69 79 Yambar Bahadur Rai Manebhanjyang 456 55.64 80 Kashar Bahadur Khatri Manebhanjyang 466 63.59 81 Lalit Bahadur Rai Manebhanjyang 489 23.84 82 Dan Bahadur Rai Manebhanjyang 528 33.84 83 Saukri Rai Manebhanjyang 527 33.84 84 Bam Bahadur Rai Manebhanjyang 526 63.59 85 Dasarath Rai Manebhanjyang 531 63.59 86 Gyan Maya Rai Manebhanjyang 631 33.84 87 Moti Raj Rai Manebhanjyang 632 33.84 88 Tek Bahadur Rai Manebhanjyang 619 33.84 89 Ram Kumar Rai Manebhanjyang 616 63.59 90 Chhatra Bahadur Rai Manebhanjyang 709 127.18 91 Bal Bahadur Magar Manebhanjyang 131 31.79 92 ShreeeDhoj ThDPa Magar Manebhanjyang 143 47.69 93 Bal Bahadur Magar Manebhanjyang 177 47.69

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94 Bhuban Sing Pulami Magar Manebhanjyang 706 87.43 95 Gnga Devi Khadka Manebhanjyang 707 63.59 96 Abidal Limbu Manebhanjyang 1252 23.84 97 Uttar bahadur Magar Manebhanjyang 1253 63.59 98 Chhalumaya Magar Manebhanjyang 817 63.59

99 Hirakaji Magar ,Kumar rana Magar

Manebhanjyang 822 158.98

100 Dal Bahadur Rai Manebhanjyang 376 23.84 101 Dhoje Pulami Magar Manebhanjyang 375 63.59 102 Bal bahadur Purbachhane Manebhanjyang 407 63.59 103 Dhan bahadur Rana Magar Manebhanjyang 404 55.64

104 Shanka Bahadur Purbachhane

Manebhanjyang 436 63.59

105 Chakre aale Magar Manebhanjyang 444 23.84 106 Nirmaya Shrestha Manebhanjyang 1142 23.84 107 Dhan Bahadur Pulame Manebhanjyang 304 23.84 108 Dhan Bahadur Pulame Manebhanjyang 309 23.84 109 Dhan Bahadur Pulame Manebhanjyang 311 23.84 110 Mansher ThDPa Manebhanjyang 307 23.84 111 Mansher ThDPa Manebhanjyang 310 55.64 112 Mansher ThDPa Manebhanjyang 308 23.84 113 Binda Maya ThDPa Manebhanjyang 21 79.49 114 Dambar Bahadur Pulami Manebhanjyang 248 55.64 115 Nar Bahadur Pulami Manebhanjyang 108 55.64 116 RinKha Bahadur Pulami Manebhanjyang 102 87.43 117 Tanka Bahadur Magar Manebhanjyang 101 47.69 118 Nara Bahadur Aale Manebhanjyang 96 55.64 119 Mansher ThDPa Magar Manebhanjyang 128 55.64 120 Tilak Bahadur Shrestha Manebhanjyang 143 95.38 121 Man Bahadur Tamang Manebhanjyang 126 190.77 122 Sovi Maya Shrestha Manebhanjyang 63 63.59 123 Jagat Bahadur Shrestha Manebhanjyang 64 63.59 124 Krishna Bahadur Magar Manebhanjyang 7 47.69 125 Bishnu Bahadur Magar Manebhanjyang 65 63.59 126 Bishnu Bahadur Magar Manebhanjyang 94 31.79 127 Kul Bahadur Magar Manebhanjyang 38 63.59 128 Yam Prasad Kafle Manebhanjyang 208 63.59 129 Tikaram K.C. Okhaldhunga 428 95.38 130 Kadambari K.C. Okhaldhunga 450 127.18 131 Muga Devi Khatri Okhaldhunga 501 31.79 132 Phadindri Bhadur Khatri Okhaldhunga 502 63.59 133 Krishna Kumari Shrestha Okhaldhunga 460 63.59 134 Narayan Shrestha Okhaldhunga 142 63.59 135 Narayan Shrestha Okhaldhunga 465 63.59 136 Asha Devi Shrestha Okhaldhunga 96 143.08 137 Bhim shen Das Shrestha Okhaldhunga 95 31.79 138 Bhim shen Das Shrestha Okhaldhunga 98 127.18 139 Ammar Chandra Khatri Okhaldhunga 186 63.59 140 Babu ram Rajbhandari Okhaldhunga 295 95.38

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141 Prem Bahadur Tamang Okhaldunga 557 15.89 142 Bhoj Kumar Raj Bhandari Okhaldunga 175 63.59 143 Tej Kumari Rajbhandari Okhaldunga 176 63.59 144 Pesal Kumar Rajbhandari Okhaldunga 174 63.59 145 Lekhnarqayan Rajbhandari Okhaldunga 177 63.59 146 Ramesh Raj Bhandari Okhaldunga 294 15.89 147 Indra Bahadur Rajbhandari Okhaldunga 178 95.38 148 Hem Narayan Rajbhandari Okhaldunga 231 127.18 149 Shiva Pradhan Okhaldunga 1196 63.59 150 Ramesh Kumar Katwal Okhaldunga 838 31.79 151 Bal Bahadur Rai Okhaldunga 1256 127.18 152 Hem Narayan Rajbhandari Okhaldunga 1329 63.59 153 Radhika Shrestha Okhaldunga 531 15.89 154 Shiva raj Pradhan Okhaldunga 4 31.79 155 Tika ram K.C. Okhaldunga 251 47.69 156 Padam Bahadur Magar Salleri 407 79.49

157 Ratna Prasad Chaulagain Salleri 494 95.38

158 Nara Bahadur Guraung Salleri 406 63.59 159 Nanda Maya Giri Salleri 121 31.79 160 Tik Bahadur Giri Salleri 217 127.18 161 Toran Jogi Salleri 605 31.79 162 Bhakta Bahadur Jogi Salleri 5 63.59 163 Ratna Kumari Chhaulagain Salleri 15 31.79 164 Siddhesor School Salleri 13 63.59 165 Siddhesor School Salleri 29 63.59 166 Keshar Bahadur Magar Salleri 30 63.59 167 Keshar Bahadur Magar Salleri 31 63.59 168 Dik Bahadur Rana Magar Salleri 27 95.38 169 Man Kumari Magar Salleri 484 47.79 170 Lal Maya Magar Salleri 483 31.79 171 Ram Bahadur Rana Magar Salleri 470 63.59 172 Dilip Kumar Rana Magar Salleri 469 63.59 173 Bhakta Bahadur Rana Salleri 412 63.59 174 Nar Bahadur Gurung Salleri 78 95.38 175 Kul Bahadur Tamang Salleri 221 63.59 176 Surjya Bahadur Tamang Salleri 86 31.79 177 Tek Bahadur Katwal Salleri 102 254.38 178 Tik Bahadur Giri Salleri 217 127.18 179 Bhakta Bahadur Gurung Salleri 152 63.59 180 Rama Devi Gurung Salleri 144 63.59 181 Indra Kumari Tamang Salleri 120 63.59 182 Kashi Ram Rai Thakle 460 127.18 183 Resh Bdr Rai Thakle 142 95.38 184 Vesh Maya Rai Thakle 134 31.79 185 Prithvi Raj Rai Thakle 131 5.38 186 Chaturlal Rai Thakle 130 63.59 187 Parsu Ram Rai Thakle 77 23.84 188 Ratna Bahadur Rai Thakle 78 222.57

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189 Parsuman Rai Thakle 73 127.18 190 Chhauda Bahadur Rai Thakle 69 47.69 191 Ram Bahaur Rai Thakle 62 95.38 192 Rana Bahadur Rai Thakle 34 95.38 193 Kaushal Maya Rai Thakle 610 731.30 194 Yamber Bahadur Rai Thakle 607 985.67 195 Kaushal Maya Rai Thakle 466 238.47 196 Rana Bahadur Rai Thakle 465 87.43 197 Yamber Bahadur Rai Thakle 463 10.77 198 Nirmal Bahadur Rai Thakle 184 87.43 199 Padam Bahadur Rai Thakle 188 63.59 200 Samsari Rai Thakle 599 699.51 201 Sundare Rai Thakle 285 190.77 202 Chatur Lal Rai Thakle 92 55.64 203 Sundare Rai Thakle 93 111.28 204 Ubhadhan Rai Thakle 103 127.18 205 Ubdhan Rai Thakle 100 31.79 206 Buddha Bahadur Rai Thakle 99 222.57 207 Bhimati Rai Thakle 135 55.64 208 Sundare Rai Thakle 136 699.51 209 Ram Bahadur Rai Thakle 138 87.43 210 Bakhat Bahadur Rai Thakle 79 31.79 211 Parsu Ram Rai Thakle 80 254.36 212 Pustalal Rai Thakle 140 87.43 213 Dutaraj Dahal Thakle 83 39.74 214 Jagat Bahadur Rai Thakle 35 63.59 215 Chandra Maya Dahal Thakle 54 190.77 216 Dandi Prasad Dahal Thakle 327 63.59 217 Dandi Prasad Dahal Thakle 321 47.69 218 Data Ram Baskota Thakle 294 95.38 219 Sher Bahadur Baskota Thakle 412 31.79 220 Tanka Nath Baskota Thakle 363 63.59 221 Tanka Nath Baskota Thakle 380 63.59 222 Babur Lal Rai Thakle 195 55.64 223 Sahi Bahadur Rai Thakle 194 87.43 224 Padam Bahadur Rai Thakle 188 63.59 225 Karna Bahadur Rai Thakle 187 95.38 226 Rohani Prasad Dahal Thakle 100 47.69 227 Duta Raj Dahal Thakle 319 39.74 228 Shiva Prasad Gautam Toxel 201 890.28 229 Aabgnah Gautam Toxel 201 349.75 230 Nandikishwor Gautam Toxel 199 39.74 231 Mahila Samudhik Toxel 163 127.18 232 Naniram Gautam Toxel 159 31.79 233 Shiva Prasad Gautam Toxel 147 667.71 234 Bed Nath Gautam Toxel 435 95.38 235 Shankar Kumar Shrestha Toxel 587 23.84 236 Tikaram Gautam Toxel 556 256.68 237 Dev Bhakta Gautam Toxel 566 171.12

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238 Bhabnath Gautam Toxel 16 7.94 239 Krishna Prasad Gautam Toxel 15 87.43

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Annex 9-1

TERMS OF REFERENCE OF THE SOCIAL SAFEFUARD CONSULTANT

TERMS OF REFERENCE

1. Social Safeguard (4 national experts, 68 person-months)

1. The Consultant will assist the Project Executing Agencies (PEAs) in implementing resettlement plans (RPs) and other social mitigation plans of transport projects in Nepal. The Consultant will:

(i) Assist the PEAs and Chief District Officer for land acquisition. (ii) Develop resettlement and rehabilitation (R&R) information campaigns and

community participation. (iii) Assist the Project Affected Persons (DPs), especially from indigenous people,

vulnerable groups, in resettlement and rehabilitation, including redressing grievances, and coordination with local authorities and other relevant institutions.

(iv) Calculate detailed costs of all land acquisition, income restoration and resettlement components.

(v) Update the database of DPs and their entitlements for implementation and monitoring purposes.

(vi) Monitor and evaluate progress and achievement of resettlement objectives.

2. The administrative responsibilities of the Consultant will include:

(i) Working in co-ordination with the dedicated Resettlement Officer (RO) and Executive Engineers in the respective Divisional level Implementation Cells.

(ii) The Consultant shall help to promote good working relationships between the DPs and the PEAS, particularly the RO. This will be achieved through regular meetings with both the RO and the DPs. Meetings with the RO will be held at least fortnightly, and meetings with the DPs will be held monthly, during the entire duration of the assignment. All meetings and decisions taken shall be documented by the consultant.

(iii) Preparing monthly action plans with targets in consultation with the RO.

(iv) Assisting the RO in carrying out the implementation of the RPs.

(v) Updating the database of DPs and their entitlements.

(vi) In consultation with the DPs, preparing micro-level plans indicating the categories of entitlement, alternative livelihood options, and relevant institutions for obtaining additional training and support. Women's perceptions are important to be incorporated in the development of these plans.

(vii) Reporting to the RO on a monthly and quarterly basis. The report should include physical and financial progress, both in quantitative and qualitative terms. The report should prominently feature the problems and issues addressed and tackled with the DPs and the solutions found. The report should have a separate chapter on women's issues, their problems and what has been done (within the framework of the RP) to ensure their participation in decision-making as well as the options made available to them to access economic opportunities, marketing and credit. The report should clearly indicate the number of field visits made by the Consultant staff and the outcome of consultations with people.

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3. Identification of DPs and verification of database from RPs:

(i) The Consultant shall establish rapport with PAPs, consult with and provide information to them about the respective entitlements as proposed under the RPs, and distribute identity cards to the eligible DPs. The identity card should include a photograph of the PAP, the extent of loss suffered due to the Project, and the choice of the PAP with regard to the mode of compensation and assistance.

(ii) During the identification and verification of the eligible DPs from RPs, the Consultant shall ensure that each of the DPs are contacted and consulted either in groups or individually. The Consultant shall ensure consultation with women from the PAP families especially from women headed households.

(iii) Participatory methods should be adopted in assessing the needs of the DPs, especially with regard to the vulnerable groups of DPs. The methods of contact may include village level meetings, gender participation through group’s interactions, and individual meetings and interactions.

(iv) The Consultant shall verify the information already contained in the RPs and make suitable changes if required. Verification shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the RO. The Consultant shall display the list of eligible DPs in prominent public places like villages, local administrative offices, schools, and the District Headquarters.

4. Counselling the entitled persons:

(i) The Consultant shall explain to the DPs the provisions of the policy and the entitlements under the RP. This shall include communication to the roadside squatters and encroachers about the need for their removal, the timeframe for their removal and their entitlements.

(ii) The Consultant shall disseminate information to the DPs on the possible consequences of the Project on the communities' livelihood systems and the alternatives available to them.

5. For disbursing the Resettlement Assistance:

(i) The Consultant shall assist the PEAS in ensuring a smooth transition (during the part or full relocation of the DPs), helping the DPs to take salvaged materials and shift. In close consultation with the DPs, the Consultant shall inform the RO about the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements.

(ii) The Consultant shall assist the DPs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how s/he can access the resources s/he is entitled to.

(iii) The Consultant shall ensure proper utilization of the R&R budget available for the package.

(iv) The Consultant shall ensure that economic investment options be available to DPs to restore their losses of land and other productive assets. The Consultant shall advise the RO to disburse the entitlements to the eligible persons/families in a manner that is transparent, and shall report to the PEAS on the level of transparency achieved in the project.

6. Accompanying and Representing the DPs at the Grievance Committee Meetings

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(i) The Consultant shall nominate a suitable staff member to be a member of the Grievance Redress Committees (GRCs) for the respective contract packages.

(ii) The Consultant shall help the DPs in filling the grievance application and also in clearing their doubts about the required procedures.

(iii) The Consultant shall record the grievance and bring it to the notice of the GRCs within seven days of receipt of the grievance from the DPs. It shall submit a draft resolution with respect to the particular grievance of the PAP, suggesting multiple solutions, if possible, and deliberate on the same in the GRC meeting through the Consultant representative in the GRC.

(iv) The Consultant shall accompany the DPs to the GRC meeting on the decided date, help the AP to express his/her grievance in a formal manner if requested by the GRC and again inform the DPs of the decisions taken by the GRC within 3 days of receiving a decision from the GRC. (The time frame for the GRC to take a decision is 15 days).

7. Assisting eligible DPs to take advantage of the existing Government Housing and Employment Schemes, if available.

(i) Establish linkages with the district administration to ensure that the DPs are benefited from the schemes available and those they are entitled to. The focus for this component of the Consultant work shall be the vulnerable DPs for their income restoration. The Consultant shall maintain a detailed record of such facilitation.

(ii) Identify, design and conduct training programmes on alternative methods of livelihood restoration using local skills and resources.

8. Inter-Agency Linkages for Income Restoration and other R&R Services

(i) The Consultant shall be responsible for establishing linkages with financial institutions to assist the DPs to access credit, if possible.

(ii) Training institutes to impart skills and management training for enterprise creation and development.

(iii) Coordinate with the PEAS field level officers to facilitate consultation on rehabilitation of borrow areas.

9. Recommending Improvement of R&R Services

(i) Recommend and suggest techniques and methods for improvement of services extended by the concerned government departments and other agencies and committees in disbursement/extension of R&R services in the Project.

(ii) Discuss, with the PEAS on contingency management and other improvement of R&R services, within the Project period.

10. Conduct HIV/AIDS and Human trafficking awareness campaign, and other social mitigation plans at Project influenced areas as per feasibility and detailed design study for the project.

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Expert Experience and Qualifications in relevant field

Input (Person Months)

Resettlement Specialist (Local) Graduate in Social Science; Minimum 10 years with Bachelor Degree and Post Graduate Qualifications

24 months

Resettlement Specialist (Local) Graduate in Social Science; Minimum 10 years with Bachelor Degree and Post Graduate Qualifications

12 months

Livelihoods Specialist (Local) Graduate in Social Science; Minimum 10 years with Bachelor Degree and Post Graduate Qualifications

8 months

Gender Specialist (Local) Graduate in Social Science; Minimum 10 years with Bachelor Degree and Post Graduate Qualifications

24 months

Documents

Involuntary Resettlement Assessment and Measures Resettlement Plan HARKAPUR- OKHALDHUNGA TABLE OF CONTENTS Contents Page List of Abbreviations iv Definition v Executive Summary vii