Resettlement Action Plan (rap) fata emergency rural roads project
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- ES-4 Legal and Policy Framework
- ES-6 Socioeconomic Survey
- ES-8 Information dissemination, consultation and participation
- ES-9 Implementation Schedule and Budget
- ES – 10 Institutional Arrangements
- ES-1 4 Monitoring and Evaluation
- TABLE OF CONTENTS
- INTRODUCTION Background
ABBREVIATIONS
GLOSSARY Kharif summer cropping season of the year (15th April – 15th September) Rabi winter cropping season of the year (15 September – 15th April) Tehsil Tehsil is a sub-district (i.e. the layer of administration below a district). Tehsildar The administrative head of a Tehsil. Malik The chieftain of a tribe/ clan in tribal areas of Pakistan. DEFINITION OF TERMS Project Affected Household: All members of a subproject affected household residing under one roof and operating as a single economic unit, who are adversely affected by the Project or any of its components; may consist of a single nuclear family or an extended family group. Project Affected Persons: Any person affected by loss of assets or income due to Project-related changes in the use of land, water or other natural resources Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Cut-off-date: The date on which census/ inventory assessment is made. All people affected on the date of census are considered as eligible for the payment of compensation. Encroachers/ squatters: People who have trespassed onto private/community land to which they are not authorized. If such people arrived before the entitlements cut-off date, they are eligible for compensation for any structures, crops or land improvements that they will lose. Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to displaced persons, depending on the nature of their losses, to restore their economic and social base. Income Restoration: Re-establishment of income sources and livelihoods of PAPs. Involuntary Resettlement: Land and/or asset loss which results in a reduction of livelihood level. These losses have to be compensated for so that no person is worse off than they were before the loss of land and/or assets. Improvements: Structures constructed (dwelling unit, fence, waiting sheds animal pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration. Rehabilitation: Compensatory measures provided under the WB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets. Relocation: The physical resettlement of PAPs from his/ her pre-program place of residence. Replacement Cost: The value determined to be fair compensation for various types of land such as agricultural and residential etc., crops, trees, and other commodities based on current market rates; the cost of rebuilding houses and structures at current market prices of building materials and labor, without depreciation or deductions for salvaged building material. Vulnerable Groups: Distinct group of people who may suffer disproportionately from resettlement effects. The policy defines vulnerable groups as households below the poverty line, the elderly, those without legal title to assets, landless, women, children and indigenous people. EXECUTIVE SUMMARY ES-1 IntroductionThe Works & Services Department, (W&SD), Federally Administered Tribal Areas (FATA), Government of Pakistan has launched the “FATA Emergency Rural Roads Project (FERRP) Phase- I, from the funds of Multi-Donor Trust Fund (MDTF), administered by the World Bank. The project aims to provide a reliable rural roads network to have the access to the adjoining villages and ultimately provincial roads in the tribal areas of FATA. The major objective of the project is to increase year round access to economic opportunities and social services for poor rural population in the crisis-affected areas of Bajaur and Orakzai agencies (Tribal Districts). The main beneficiaries of the project are the population of Bajaur and Orakzai agencies at large. This Resettlement Action Plan (RAP) has been prepared in consultation and coordination with the office of Chief Engineer-W&SD, FATA, Assistant Political Agents, Executive Engineers (W&SD), the experts on tribal issues, local elders and Malik as well as the Project Affected Peoples (PAPs) of respective agencies in accordance with the World Bank’s Policy on Involuntary Resettlement and provision made in Frontier Crime Regulations 2011, land acquisition and resettlement practices prevail in FATA . The project has divided into two phases and four civil works packages. This Social Impact Assessment (SIA) and RAP covers 2 road packages consisting of 5 Rural Roads1 under the Phase-I of FERR Project. The RAP is based on the census survey of 100% Project Affected Persons' (PAPs), socioeconomic survey of 30% project affected households/Families (PAFs), village profiles from all adjoining villages/ settlements, and public consultations/ meetings along the road alignment, interviews, Focus Group Discussions (FGDs) with the PAFs/ PAPs and other stakeholders, in accordance with the World Bank Policy 4.12 on Involuntary Resettlement. ES-2 Project Description 2. The Works and Services Department (W&SD) is the Project Implementing Agency (IA) and the project duration is 2.5 years. The proposed contract package of NCB-BAJ-01 and NCB-ORK-01 (consisting of 5 rural roads) located under the jurisdiction of Bajaur and Orakzai agencies of FATA. Kharkano to Kulala Road: 19.290 km with totally new alignment located in Bajaur Agency. The proposed road passes through the green fields, katcha tracks, hilly areas, barren/waste lands. 4 small rural roads with totally new alignment having a total length of 8.142 km in Orakzai agency (Largri Tan to Dop Sana (2.044 Km), Dargai to Shamim Khel (1.68 Km), Palosia to Hakim Killi Khawari (2.255 Km), Dargai to Ghakhi to Sharo Doghal (2.235 Km) The major activities to be carried under the proposed road are construction of road with a RoW of about 9 meters, construction of retaining and breast walls, construction of culverts and causeways, installation of traffic road-signs and kilometer posts. ES-3 Summary of Project Social/ Resettlement Impacts 4. The proposed project involves acquisition of 60.6 acres of private land owned by 333 land owners due to which, 16 private structures (including 5 residential rooms, 5 boundary walls of privately owned residential houses and 1 school, 2 private tube wells, and 3 private water tanks), a water supply line being used by the community, about 43.21 acres of cropped area and a total of 1805 trees (359 fruit and 1,446 wood/ timber trees) will be affected. In addition, 9 electric poles will also need to be shifted to nearby locations to maintain supply of electricity to the local communities. ES-4 Legal and Policy Framework5. The World Bank Policy on Involuntary Resettlement requires full compliance of the policy principles and requirements. The Policy principles require that the land acquisition and resettlement impacts should be avoided and if avoidance is not possible, the adverse impacts should be minimized and mitigated by exploring all possible alternative options or adopting the most viable options. This RAP has been prepared keeping in view the provisions of the prevailing law of Frontier Regulations 1901 (FCR) and amended FCR 2011, tribal people customs, World Bank Involuntary Resettlement Policy (OP/BP 4.12) and Access to Information Policy (July 2010). An Environment and Social Screening and Assessment Framework (ESSAF) prepared by the World Bank for all projects under MDTF to address potential environment and social impacts and to ensure compliance of World Bank safeguard policies and National regulatory requirements. The broader principles defined in Environmental and Social Screening and Assessment Framework (ESSAF) were also followed in the SIA and preparation of RAP. 6. The stakeholders including IA, Political Administration, Affected communities and the officials of World Bank etc were consulted during the process of preparation of the RAP. A project Policy on entitlement and compensation has been developed to compensate the project impacts in accordance with the assessment of compensation unit rates by the Political Administration of respective agencies in consultations with tribal elders, maliks and PAPs. The entitlements also cover livelihood restoration assistance, shifting of utilities, provision of shifting assistance and provision for unseen or unanticipated damages or impacts: 0‑1 Summary of Entitlement Matrix
ES-5 Cut-Off Date7. The social impact assessment survey, inventory of losses and census of PAPs was completed in August 2012. Therefore, the cut-off date for project impacts, PAPs census, and eligibility to receive compensation of project impacts was fixed as 11 Aug, 2012. Any PAPs moving into the RoW after this date will not be considered eligible for or entitled to any compensation. ES-6 Socioeconomic Survey8. Most of the population (more than 95%) belonging to the project alignment is rural, while remaining belong to nearby towns named as “Khar” in Bajaur and “Tara” in Orakzai. The PAPs are tribal Pakhtun who live according to their traditions and customs. In the Bajaur agency, the major tribes are Abad Khel, MiaGan, Bel Khel, Umer Khel, Utman Khel, while in Orakzai agency; the main tribes are Bar Muhammad Khel and Seepai. 9. Based on the field survey of 30% sample affected population, it was noted that the average family size is 9.1 members per house, out of which the proportion of males and females in total population estimated at 51.8 percent and 48.2 percent respectively. The average literacy rate for males and females residing the area is 28.2 percent and 3.1 percent respectively. While only 7% population had above secondary level education. Of the total sample size 40.1 percent households are involved in farming activities, while 26.6 percent are daily- wage laborers, 10.1 percent are in govt. services. About 7.2 % of the PAPs are small traders or vendors engaged in small scale business (shops, stores, auto workshops, hotel etc.), while 6.9 percent, 3.2 percent and 13.1 percent are service (Drivers (trucks, trailers), abroad and other (retired) respectively. The average annual household income is Rs. 624,554, which comes from all sources of a household, such as crops, livestock, remittances etc. from inland and outside the country. On the whole, all PAPs had their own houses along the project corridor. As far as the housing conditions are concerned, it was assessed during the census survey that of the total houses, 25.2 percent are katcha cum pacca, 45.9 percent are katcha and remaining 28.9 percent are pacca. ES-7 Social Risks and Mitigation Measures 10. Based on the field survey of the proposed project roads falling under the jurisdiction of Bajaur and Orakzai agency including socioeconomic impact assessment, and consultations with the project affected persons, the social risks may be regarding the security issues, health and safety of staff/ labor force of contractor(s) & local communities; restricted mobility of local community especially women etc. The survey limitations include i) All proposed roads under the FERR project were located in the Bajaur and Orakzai agencies, where security situation continues to be tense, ii) difficulty in consultations and identification of women issues by local and outsider female enumerator, due to strict tribal customs in which women are not allowed to meet even with outside women. ES-8 Information dissemination, consultation and participation11. The purpose of consultation process was to disseminate the project related information to the project affected persons and local communities as well as general public. And to get the views/feedback of the PAPs and local communities related to the project design, implementation and operation. A total of 9 consultation meetings with 71 participants were held (60 PAPs and 11 general public). During these consultations PAPs were informed about the ERRP and 5 roads. All PAPs and general public showed keen interest in the project and agreed to participate in activities at all levels of project i.e. planning, designing, implementation and operations. This entire RAP will will be translated, soon after clearance by the World Bank, into local language (Urdu/Pashto) and also in the form of an information brochure. RAP will be disclosed at the FATA Secretariat and MDTF websites, and the World Bank project specific Info Shop for information disclosure and receive feedback from secondary and tertiary stakeholders at large. A copy of translated RAP will be given to the representatives of PAPs and other stakeholders while a copy of information brochure will be provided to each affected household. Detail is given in Chapter 6 of RAP.through to the PAPs and other local communities residing in the project area in the form of an information brochure. ES-9 Implementation Schedule and Budget12. Implementation of the RAP is expected to complete within 3 – 4 months starting tentatively from October to Dec 2012. The overall resettlement budget is Rs.108.345million/USD 1.134million. Detail is given in Chapter 7 of RAP. ES – 10 Institutional Arrangements13. The Works and Services Department (W&SD) is the Implementing Agency (IA) of the project. The Chief Engineer, W&SD FATA, Peshawar is the focal person for overall coordination stakeholders to ensure timely implementation of the project. The IA has already established a Project Management Unit (PMU) headed by a Project Director. The RAP will be implemented by the Field implementation Unit (FIU) of W&SD located at Bjaur and Orakzai agency headquarters under the supervision of Project Management Unit (PMU), in accordance with the implementation schedule presented in the RAP and civil works activities. For smooth implementation of RAP, the different committees have been formed/ notified Project Affected Persons Committees (PAPCs); Price Assessment Committee (PAC); and Compensation Disbursement Committee (CDC), detail of these committees is given in Chapter 8.1 of RAP. ES-11 Payment of Compensation to PAPs 14. The compensation amount will be paid directly to affected people by the office of the Political Agent after verification of their claims by Compensation Disbursement Committees. However, the unclaimed amount of compensation regarding absent affectees, if any, will remain in the treasury after the completion of the project as per the practice in vogue in the settled areas. The unclaimed amount will be paid by the political administration after verification of their claims, whenever claimed by the PAPs. ES -12 Training/ Capacity Building 15. keeping in view the tribal setup under the jurisdiction of tribal agencies (Bajaur and Orakzai); the resettlement will be implemented through Political Administration of concerned agency. As the IA and political administration lacked the expertise for the implementation of RAP in-line with the World Bank social safeguards policies so 2 trainings, 6 days each proposed, first before implementation of RAP and other before start of compensation disbursements. ES-13 Grievance Redress/Complaint Handling Mechanism 16. There is a chance that any PAP or an individual or a group may not be satisfied with the measures adopted to mitigate the negative social impacts of the project. In order to deal with such issues, a Grievance Redress Mechanism (GRM) has been developed and Grievance Redressal Committees (GRCs) have been notified both at FIU and Village Level (VL) in consultations with the Political Administration, W&SD, tribal elders/maliks and affected persons. GRC will provide a public forum to the aggrieved to raise their objections and have their grievances resolved through GRCs. A step-by-step procedure for complaint registration and redressal/handling has been developed to redress the complaints in an effective and efficient manner. Detail of GRM is given in Chapter 8.2.2 and 8.2.3 of RAP. ES-14 Monitoring and Evaluation17. The RAP implementation will be monitored internally as well as externally. The key objective of the RAP monitoring is to ensure its effective and efficient implementation through well managed grievance redress system. In order to achieve these objectives, monitoring will be conducted at two levels, Internal and External / Third Party Validation. International Monitoring will be carried out through PMU with the assistance resettlement expert of Construction Supervision Consultants and Field Implementation Units. The W&S Department will engage an independent agency (an NGO, an academic institute or consultant firm or an individual consultant) to conduct 3rd party monitoring/validation of RAP implementation. The third party monitoring will be carried out on quarterly basis and a final evaluation at the end of the Project. Detail is given in Chapter 8, section 8.1 and 8.2. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
