Resettlement Action Plan (rap) fata emergency rural roads project

Project Description

6. 
   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. The total length of the proposed roads is 26.915 km.
   

1. Bajaur Agency Road (NCB-BAJ-01)

• 
  Road 1-1: Kharkano – Kulala Road
  

7. 
   The proposed road is located at Bajaur Agency. The works consist of construction of Contract Package–1: Kharkano to Kulala road having a length of 19.290 km with totally new alignment. The proposed road passes through the green fields, katcha tracks, hilly areas, barren/ waste lands.
   

1. Orakzai Agency Roads (NCB-ORK-01)

8. 
   The works consist of construction of Contract Package 1 consisting of following 4 small rural roads having a total length of 8.142 km falling in the jurisdiction of Orakzai agency with totally new alignment:
   

• 
  Road 1–1: Largri Tan to Dop Sana (2.044 Km)
  
• 
  Road 1–2: Dargai to Shamim Khel (1.68 Km)
  
• 
  Road 1–3: Palosia to Hakim Killi Khawari (2.255 Km)
  
• 
  Road 1–4: Dargai to Ghakhi to Sharo Doghal (2.235 Km)
  

• 
  Construction of road with a RoW of about 9 m.
  
• 
  Construction of retaining and breast walls
  
• 
  Construction of culverts and causeway
  
• 
  Installation of traffic road-signs
  
• 
  Kilometer post
  

9. 
   The construction of roads will result in acquisition of land (details are provided in impact assessment section), due to which private and community structures will be partially dismantled and both fruit & wood trees will be cut-down as well as relocation of utilities will also be required..
   
10. 
    The proposed roads pass through the private land including cultivated, katcha tracks, hilly areas, and barren/ waste lands. The completion date for the whole of the works is 2 years from the date of commencement.
    

Table 1‑2: Description of Proposed Roads

1. Land Acquisition and Resettlement Conditions

11. 
    The World Bank Policy on Involuntary Resettlement requires a Resettlement Action Plan to identify and compensate all losses caused by the project. The clearance of Right of Way (ROW) and initiation of civil works on the road sites will be contingent to upon full compliance of the following conditions:
    

1. 
   Approval of this RAP by the World Bank and its disclosure to the public that contains approved and agreed unit rates of land, structures; crops and trees (fruit / wood); dislocation subsidy, income restoration and rehabilitation program; and
   
2. 
   Commencement of civil works on the resettlement sites is conditional upon full payment of compensation to PAPs including rehabilitation, relocation and livelihood support assistance, as provided in the RAP.
   

1. Objectives of the RAP

12. 
    The main objective of the RAP is to provide requisite detailed information in accordance with the World Bank Involuntary Resettlement Policy for the compensation, resettlement and rehabilitation by identifying (i) Detail and the extent of losses; (ii) the policy framework for compensation payments, income restoration, relocation and rehabilitation; (iii) mechanisms for timely disclosure of information to the affected person and other stakeholder (iv) institutional framework for participation and implementation; (v) grievance redress mechanism and (vi) responsibilities for monitoring the implementation process (vii) resettlement budget and implementation schedule.
    
13. 
    To accomplish the objective of resettlement action plan, the following aspects have been covered in this RAP:
    

• 
  Legal and Policy Framework
  
• 
  Social Impact Assessment
  
• 
  Socioeconomic Information and Profiling of the PAPs
  
• 
  Public Consultation and Information Disclosure
  
• 
  Grievance Redress Mechanism
  
• 
  Entitlement for compensation and Assistance
  
• 
  Relocation of Structures and Infrastructure
  
• 
  Income Restoration and Rehabilitation
  
• 
  Resettlement Budget
  
• 
  Institutional Arrangements
  
• 
  Implementation Schedule
  
• 
  Monitoring & Evaluation and Reporting
  

1. Summary of Project Social/ Resettlement Impacts

14. 
    The proposed phase-I of the 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, 6 boundary walls , 2 private tube wells, 3 water tanks), 1 water supply line being used by the community will be affected. In addition, 359 fruit and 1,446 wood/ timber trees will need to be cut-down. A cropped area of 22 acres will also be affected for two seasonal crops, while in addition there will be 9 electric poles while will need to be shifted at nearby locations to maintain supply of electricity in the area.
    

2. LEGAL AND POLICY FRAMEWORK

   1. Introduction

15. 
    The World Bank requires compliance of Involuntary Resettlement Policy and principles including avoiding the project impacts, and if avoidance is not possible, minimizing and mitigating the adverse social impacts; and social costs to the PAPs and/or vulnerable groups by considering all possible alternative options. Thus to make the RAP consistent with the World Bank Policy, all relevant Operational Policies (OPs), procedures, guidelines relating to the public consultations are laid down in this section of the RAP.
    

1. World Bank Involuntary Resettlement Policy (OP 4.12)

16. 
    The World Bank's Operational Policy4.12 deals with the issues and concerns relating to involuntary resettlement caused due to the development projects and provide principles and guidelines to mitigate adverse impacts on local communities, particularly their relocation/ displacement. The Bank's experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. As such the policy provides basis for the development/ preparation of Resettlement Policy Framework and Resettlement Plan.
    
17. 
    The main objectives of Bank's safeguard policies are to:
    

1. 
   Reduce and manage adverse risks of the development projects
   
2. 
   Identify opportunities for promoting social benefits
   
3. 
   Provide a process for full disclosure and meaningful stakeholders consultation
   
4. 
   Ensure that social risks are systematically addressed, evaluated, and incorporated.
   

1. WB Policy on Access to Information (AI Policy 2010)

18. 
    The World Bank Policy on Access to Information ("AI Policy") sets out the institution's policy on public access to information in the Bank's possession. This Policy supersedes the World Bank Policy on Disclosure of Information, and takes effect on July 1, 2010. The World Bank recognizes that transparency and accountability are of fundamental importance to the development process and to achieving its mission to alleviate poverty. Transparency is essential to building and maintaining public dialogue and increasing public awareness about the Bank’s development role and mission. It is also critical for enhancing good governance, accountability, and development effectiveness. Openness promotes engagement with stakeholders, which, in turn, improves the design and implementation of projects and policies, and strengthens development outcomes. The AI Policy facilitates public oversight of Bank-supported operations during their preparation and implementation, which not only assists in exposing potential wrongdoing and corruption, but also enhances the possibility that problems will be identified and addressed early.
    
19. 
    The AI Policy is based on the following five principles:
    

1. 
   Maximizing access to information;
   
2. 
   Setting out a clear list of exceptions;
   
3. 
   Safeguarding the deliberative process;
   
4. 
   Providing clear procedures for making information available;
   
5. 
   Recognizing requesters' right to an appeals process.
   

1. Environmental and Social Screening and Assessment Framework (ESSAF)

20. 
    This ESSAF developed specifically for all projects and activities to be financed under the MDTF. Recognizing the urgent need for assistance and emergency nature of potential operations to be financed under the MDTF, the ESSAF provides an approach, tailored to this emergency situation in line with OP 8.0, to manage the potential environmental and social impacts of the projects and activities under the MDTF. ESSAF provides guidelines for the implementation agencies in: i) carrying out appropriate assessment of environmental and social impacts; ii) planning and implementing necessary environmental and social mitigation measures for these projects during the implementation phase, in compliance with relevant World Bank safeguard policies and the national regulatory requirements in Pakistan.
    
21. 
    Since the FERRP is being proposed under MDTF, the ESSAF is also applicable to this project. The ESSAF provides broader principles to carry out appropriate assessment of environment and social impacts and to address the potentially negative environmental and/or social impacts associated with the projects under MDTF. The key aspects of the Framework are Impact screening, assessment and mitigation planning, consultations, planning, review and approval, disclosure, capacity building and monitoring implementation of safeguard instruments.
    
22. 
    Recognizing the emergency nature of the potential operations under the MDTF and the related need for providing immediate assistance, while at the same time ensuring due diligence in managing potential environmental and social risks, the ESSAF is based on the following principles:
    

• 
  The operations under MDTF will support multiple projects, the detailed designs of which may not be known at this stage. To ensure effective application of the World Bank's safeguard policies and the national regulatory requirements, the ESSAF provides guidance on the approach to be taken during the selection and design of projects/ subprojects and the planning of mitigation measures.
  
• 
  Environmental category `A' projects are not expected under the MDTF. However, if any do occur, Environment Assessments (EAs) for specific operations will be carried out during implementation, instead of before appraisal (the EAs will need to be carried out and cleared by the Bank before initiating the category `A' projects). The corrective measures in the form of an Environmental and Social Management Plan (ESMP) will be built into the design of the specific projects under MDTF. The above is in accordance with paragraph 13 of OP 4.01 and paragraph 5 of BP 4.01.
  
• 
  For any environmental category `B' project, an ESMP will be prepared during implementation, instead of before appraisal, however the ESMP will need to be prepared and cleared by the Bank before initiating the works under the project. For any project that consists of several distinct subprojects, ESMPs can be prepared for individual subprojects or their clusters.
  
• 
  No major resettlement issues are expected in the recovery and reconstruction operations to be financed under the MDTF. However, all proposed operations will be subject to resettlement impact screening. If any resettlement impacts are expected to occur, Resettlement Plans (RPs) for specific projects will be prepared and approved before initiating the specific projects.
  

23. 
    A copy of ESSAF sections relating to the policy Framework for Land Acquisition and Resettlement; and Procedures of Formulating a Land Acquisition and Resettlement Plan is provided at the end of RAP as Annex - I.
    
24. 
    The Land Acquisition Act (LAA) 1894. The Pakistan law governing land acquisition is the LAA of 1894 and successive amendments. The LAA regulates the land acquisition process and enables the federal and provincial governments to acquire private land for public purposes through the exercise of the right of eminent domain. Land acquisition is a provincial responsibility and each province has its own interpretation of the Act. Some provinces also have their own province specific implementation rules. The LAA 1894 has not been extended to FATA and not being followed in letter and spirit .
    
25. 
    The Frontier Crimes Regulation (FCR) 1901: comprises a set of laws of Pakistan that are applicable to the Federally Administered Tribal Areas (FATA). The FCR has its origins in laws that were enacted by the British Raj in the Pakhtun-inhabited tribal areas in the Northwest of British India. They were specifically devised to counter the opposition of the Pakhtuns to British rule, and their main objective was to protect the interests of the British Empire. Over a century later, the laws continue to be applied to FATA residents by the Government of Pakistan. In 2011 the FCR was amended by the President of Pakistan through an Ordinance and added the clause 56 for payment of compensation to individuals for damages and land acquired for public purposes on the rates assessed with consensus or as applicable in settled areas.
    

1. Practice of Land Acquisition in FATA

26. 
    The 1894 Land Acquisition Act (LAA) with its successive amendments is the main law regulating land acquisition for public purpose in Pakistan. LAA implementation rests on the local governments and more specifically on the local Board of Revenues and on the action of the Districts Land Collectors. As already noted, however, Tribal Areas are not ruled by this National law and project implemented in those locations follow a completely different legal and administrative stipulations based negotiations for consensus building as given in FCR 1901 and 2011. This will be valid also in the case of this Project.
    
27. 
    Land Acquisition for this Project will be carried out in accordance to the processes in place in FATA which are based on the principle of negotiation and agreement between the Pakistani Government, locally represented by the Political Agent (PA) and his subordinates, and the Maliks. In order to fit with the requirements of the World Bank Policy on Involuntary Resettlement, land acquisition and resettlement will be carried out through the use of principles fitting the tribal land rights and ownership system. In particular, the WB policy requires that compensation is provided at replacement rates, which in the case of land is generally equated to market rate. As in tribal territories it is not possible to speak of market rates because land is seldom sold. Keeping in view the facts a Price Assessment Committee was formed in each agency with representation from the tribes/ villagers and Maliks which assessed the prices with the consent of both tribal Maliks and Government Representatives. The prices were agreed and attested by the Assistant Political Agent of Bajaur and Orakzi agencies. (Annexure – II and III respectively)
    
28. 
    To guarantee the transparency of the agreement the tribal leaders of all relevant clans and lineages were consulted on the compensation rates To oversee the transparency in the process of consultations, negotiating and payment of compensation money a Compensation Disbursement Committees (CDCs) has been established separately for each agency. (Refer to the section Institutional arrangements)
    

1. Resettlement Policy Framework and Entitlement Matrix

29. 
    This Resettlement Plan (RAP) has been prepared to compensate the project affected people as a result of construction of the proposed roads having a length of 26+915 km. Keeping in view, the types and magnitude of the project impacts, the principles, eligibility and entitlement of compensation has been developed and discussed in following section of the RAP.
    

1. Basic Principles for Resettlement Plan Preparation

30. 
    To meet the requirements of the WB-IR Policy and guidelines, the following basic principles are devised for the preparation of RAP:
    

• 
  Adverse impacts on PAPs would be avoided or minimized at the possible extent;
  
• 
  Where the adverse impacts are unavoidable, the PAPs will be compensated.
  
• 
  Vulnerable groups will be identified and assisted to improve their standard of living;
  
• 
  The W&SD will make cash compensation to the PAPs for their affected land, structures and other assets (tube well) falling within the RoW.
  
• 
  The W&S Department will ensure to provide one-time lump sum assistance equal to one month's inflation adjusted official poverty line, in addition to other admissible compensation/ allowances.
  
• 
  The owners of affected structures, in addition to cash compensation for the structure on replacement cost will be allowed to salvage their building material. This applies to the owners including absentee owners of all categories of immovable structures.
  
• 
  Before taking possession of the acquired land and properties, compensation/ assistance will be made in accordance with the Bank Policy.
  
• 
  Appropriate grievance redress mechanism will be established at field and project level to ensure speedy resolution of disputes.
  
• 
  All PAPs are eligible for compensation and livelihood/income restoration irrespective to possession of land title. A title would however be required for payment of compensation for land.
  
• 
  All compensation will be paid at replacement value for assets without deducting depreciation and salvage value.
  
• 
  All PAPs and stakeholders will be consulted to improve the design of the project, for preparation of the safeguards documents and over the life of the project.,
  

1. Compensation Eligibility

31. 
    PAPs are identified as persons who will lose their land/ assets, crops, trees, structures and livelihood due to construction/ improvement of proposed roads. The eligibility of PAPs for compensation/ or livelihood assistance has been discussed and agreed. The PAPs will be all those (owners/ squatters/ encroachers) along the proposed roads alignment who will lose their:
    

1. 
   Land
   
2. 
   structures
   
3. 
   Trees (fruit and wood/ timber)
   
4. 
   Crops on area to be acquired
   
5. 
   All community assets and public utilities affected by the project activities
   

32. 
    Compensation eligibility is described with the cut-off date (11 August, 2012) in the ensuing section of the RAP.
    

1. Compensation Entitlements

33. 
    PAPs losing land, structures, trees and crops are entitled for compensation and livelihood assistance allowances based on price assessment by the Additional Political Agent (APA) and amount at the inflation adjusted official poverty line⁴ respectively. The following entitlements have been developed for PAPs depending upon the type and extent of impacts.
    

1. 
   Owners of Land (Customary Rights): All the owners of affected land have customary rights, which will be considered as statutory rights in accordance with tribal set-up, will be compensated in cash based on the price assessed by the Additional Political Agent ( through Tehsildar as per the provisions made in FCR 2011 by following the principle of negotiation⁵.
   
2. 
   Owners of Residential and other Structures: Owners of residential and other structures will be compensated in cash based on the price assessed by the Additional Political Agent through Tehsildar by following the principle of negotiation as this is the only practice prevailing in the project area.
   
3. 
   Crop Losses of Agricultural Land: The farmers will be provided with one-time payment of cash compensation assessed by the Additional Political Agent through Tehsildar by following the principle of negotiation in consultations with Agriculture agency of FATA.
   
4. 
   Wood Trees: The owners of private trees (wood/ timber) will be paid cash compensation in accordance with the price assessed by the Additional Political Agent through Tehsildar by following the principle of negotiation in consultations with Forest agency of FATA.
   
5. 
   Fruit Trees: The owners of private fruit trees will be paid cash compensation in accordance with the price fixed by the Additional Political Agent/ APA through Tehsildar by following the principle of negotiation, or by involving Agriculture Agency of FATA.
   
6. 
   Assistance for Vulnerable People: Vulnerable affected people refers to the “landless tenants, elderly, disabled/ handicapped and persons who fall below the poverty line. Presently, none of affected household comes under the above definition of vulnerable person. However, in case of identification of such person (s)/household (s) during the RAP implementation, they will be given one-time allowance equal to one month's inflation adjusted Official Poverty Line⁶ (i.e. Rs. 12,000), and priority of employment in the project related jobs will be given by incorporating a Clause in the Contractors’ Contract.
   
7. 
   Project related Employment: The Works & Services Department will incorporate a clause in the Contractor's Contract that preference should be given to the PAPs in the project related unskilled/semi-skilled jobs, such as drivers, laborers as well as for office work, i.e. peon, clerk, computer operator etc.
   

Table 2‑3: Entitlement Matrix for Compensation

3. APPROACH AND METHODOLOGY

   1. General

34. 
    To ascertain the level of effects of the project on the people a detailed process of consultation was conducted and a study on socioeconomic impacts on the existing conditions within the proposed alignment/ RoW as well as Corridor of Impact (Col) was carried out.
    
35. 
    Total 9 m RoW was taken into account to identify the potential impacts of the project including land acquisition, loss of crops, trees, structures and other assets and income as well as relocation of public utilities. Consultations with PAPs and other stakeholder were used as means of acquiring general information/perception and views through community meetings, FGDs, In-depth interviews of key informants, the outcomes of consultations have been integrated into resettlement planning and preparation of RAP. The following quantitative and qualitative methods were used to collect the primary data on the potential impacts of the project on the local population: -
    
    1. 
       Census survey of 100% PAPs (Quantitative)
       
    2. 
       Socio economic base line study of 25% population in CoI (Quantitative)
       
    3. 
       Focus Group Discussions (FGDs)/ community consultations (Qualitative)
       
    4. 
       In- depth Interviews Consultations (Qualitative)
       

1. Identification of PAPs

36. 
    Any person, whose asset / infrastructure, source of income or access to resources is likely to be affected by the project's operations, is termed as a Project Affected Person (PAP. The PAPs identified during the field surveys are categorized as below:
    

• 
  Land owners
  
• 
  Owners of residential structures
  
• 
  Owners of other structures/ assets – boundary walls, tube wells/boreholes
  
• 
  Crops cultivators
  
• 
  Owners of wood and fruit tress
  
• 
  Absentee land owners (if any)
  

1. Collection of Information from Secondary Sources

37. 
    These included the information collected from various documents / publications of the line departments such as W&S Department, FATA, Office of Political Agents (Bajaur & Orakzai); office of the Tehsildar, and office of highway division and other concerned (Consultants/ contractor).
    

1. Collection of Primary Data

38. 
    The primary data mainly emerged from the field surveys conducted under two rounds, i.e. 20 Jul. – 11 Aug; and 19 Sept. 5 Oct. The following surveys were conducted to collect the data from the field.
    

1. Impact Location Profile

39. 
    An impact location profile survey conducted from villages belonging to Bajaur agency (Surbat, Ado, Tangi, Bandagai, Sra Qila Bandagai, Karr) and Orakzai agency (Sharo Doghal, Shamim Jan Qali, Dop Sana). All these villages were located along the proposed roads. A pre-structured questionnaires/ survey tools to collect the requisite information are provided in Appendix-A.
    

1. Census Survey of the PAPs

40. 
    A census survey of 100% PAPs was conducted located within the project alignment of 9 m as per drawing/ W&SD and design Consultants. To assess the project impacts, a complete census (on 100% basis) of affected persons and their assets located within the RoW was carried out. The following data / information were collected.
    

• 
  Number of PAPs
  
• 
  Family size
  
• 
  Occupation
  
• 
  Type and extent of structures / assets to be affected
  
• 
  Inventory of land by land use category
  
• 
  Affected land
  
• 
  Replacement costs of structures / assets
  
• 
  Annual income of the owner of the affected structure / asset (from the affected asset and from other sources)
  
• 
  Income of the other family members
  
• 
  Vulnerable groups/PAPs
  
• 
  Alternative options for resettlement
  
• 
  Type of standing crops, trees and their value
  
• 
  Identification of loss of income
  

41. 
    The Census Survey was conducted by using a structured survey tools/ questionnaire shown as Appendix-A. Besides, information gathered from the PAPs through focused group discussions/ consultations and individual interviews.
    

1. Cut-Off Date

42. 
    The cut-off date to determine the eligibility and entitlements for compensation under the project was taken as 11 Aug, 2012, the date of the completion of Census Survey. People moving into the RoW after this date were not and will not be considered eligible for or entitled to any compensation.
    

1. Socioeconomic Baseline Survey

43. 
    A sample survey was carried out in order to develop a socioeconomic baseline of the general population along the RoW of the project road. For this purpose, the total number of PAPs was taken as universe of the study. The size of study sample was determined as 25% of this universe, on random basis. The purpose was to make the findings of the socio-economic survey more representative of the conditions prevailed in the project area. By adopting this methodology, a sample of 86 respondent households were interviewed. A pre-structured questionnaire, shown as Appendix-A, was used for data collection. The survey focused on the following features of the sample population.
    

• 
  Demographic characteristics
  
• 
  Education and literacy rates
  
• 
  Nature of business / occupations
  
• 
  Income and Expenditure Pattern
  
• 
  Housing characteristics and amenities
  
• 
  Ownership of Household Items
  
• 
  Women participation in decision making
  
• 
  Conflict resolution system
  
• 
  Livestock inventory
  
• 
  Access to social amenities
  

1. Processing and Analysis of Data

44. 
    Database were developed using the MS Access. Before data entry, the filled-in forms were edited and thoroughly checked, so that omissions could be minimized. The data were processed and analyzed to derive the results of various indicators relating to socioeconomic and census characteristics of the PAPs. A part of socioeconomic baseline information is provided in different Annexes in the RAP, which will provide the baseline information for subsequently monitoring and evaluation studies.
    

1. Survey Team

45. 
    The impact assessment survey was carried out for the proposed roads located under the jurisdiction of Bajaur and Orakzai agencies through a joint team including:
    

• 
  RAP Consultants (an interdisciplinary team consisting of survey engineer, enumerators, sociologist and economist);
  
• 
  Sub Divisional Officer (Highway FATA Khar)
  
• 
  Sub Engineer (Highway FATA Khar)
  
• 
  Surveyor of Design Consultants
  
• 
  Patwari from the office of Political Tehsildar
  
• 
  Local community Elder (s) from respective village
  
• 
  Concerned land/ assets owners (PAPs).
  

4. SOCIO-ECONOMIC PROFILE OF PAPs

46. 
    A field survey was conducted from 20th July – 11 August, 2012 to assess the socioeconomic profile of the PAPs. ). This included the settlement pattern, demographic features, and occupation, income and living conditions of the all PAPs. The survey instruments used are a questionnaire for socioeconomic survey and village profile/ impact location profile and format for public consultations. The data collection was done after conducting 2 days trainings held at Peshawar to the survey teams, so that they could be comfortable to fill the data as per required format.
    

1. Settlement/ Ethnicity and Administrative Pattern

47. 
    Most of the population (more than 95%) belonging to the project alignment is rural, while remaining belong to nearby town named as “Khar” in Bajaur 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, Mia Gan, Bel Khel, Umer Khel, Utman Khel, while in case of Orakzai agency; the main tribes are Bar Muhammad Khel, Seepai.
    
48. 
    The tribal people live in strong and well-fortified compounds, built at respectable distances from each other and with high towers to defend themselves not only from the tribal feuds, but also from close conflicts opposing cousins. One fort-like compound includes 12 to 20 houses. In tribal area each family has its own separate dwelling, proportionate in size to the number of its members and cattle and flocks. In each fortress, there is also a mosque. The interior of house is very simple with no decoration and furniture. Often cattle are kept inside of the houses. As one enters the main gate he finds a vast courtyard with one or two guest rooms (Hujra) depending on the social status of the family, for use of guests and male members of the family. The Hujra serves multiple purposes – all of which serve to reinforce the authority of the elder as a leader, and the solidarity of the clan. 
    
49. 
    In today’s system under the State the Jirga has been absorbed into the regular administration of justice in tribal areas. The FCR provides a legal cover to the Jirga to settle quarrels arising out of blood-feuds, relating to women, wealth and land disputes (zan, zar and zamin). Whenever an offence takes place or a dispute arises, the Maliks (Tribal Chiefs) gather and enter into intensive negotiations with the fighting parties to reach an amicable resolution of the conflict. A jirga also may try a criminal case and may recommend a verdict to the Political Agent. Jirgas may be informal or may be established by the PA (Political Agent) who uses it as an instrument to build an opinion and decide over the final resolution of a case. The size of a Jirga varies from one situation to another, based on the nature, significance and sensitivity of the dispute. It might consist of one member, although two members are more usual and often there are four or six experienced members, fully conversant with the laws of the Pukhtunwali.⁸
    
50. 
    In view of the security, frequent bomb blasting and political sensitivity of the tribal area resulting in restricted mobility both in the Bajaur and Orakzai agencies, it was difficult to collect the information relating to the demographic features of the PAP households. However, a concerted effort was made to collect the desired socio-economic information/ data of the affected population. The demographic features include size of households, gender composition, and literacy status of the sample population in the project area.
    

1. Demographic Profile

51. 
    In total, the census inventory identified 333 affected households with 3,377 PAPs.
    

1. Family Size

52. 
    Throughout the project corridor, majority of the affected households are living as an extended/ Joint family system in the same compound that includes 90 % as an extended/ joint family system), while only 10% are living as nuclear households. This explains the predominance of extended families in the project area. The extended or joint families include all the family members consisting children, wife, mother, father, brothers, sisters and grandparents are living under the same compound led by the family head. The elder of the house is responsible to look after all the social matters and other activities of the house including income and expenditure.
    

1. Gender Composition

53. 
    Based on the field survey of sample affected peoples, it was noted that the average family size computed 9.1 members per house, out of which the proportion of males and females in total population estimated at 51.8 percent and 48.2 percent respectively as shown in Table 4.1.
    

1. Educational Levels of the PAPs

54. 
    The basic education is a fundamental human right of every member of the community. Literacy⁹ is a key-learning tool in the first step towards basic education. Illiteracy breeds a vicious cycle, i.e. “Illiterate are poor - poor are powerless - powerless are illiterate”. Literacy is not just attaining the skills of leading and writing but providing people with the skills to learn, protect and empower themselves in society and effecting contribute the decision making at various levels. The general disparity in education exists in low-income communities. The average literacy rate for males and females residing the area computed to be 28.2 percent and 3.1 percent respectively. While only 7% population had above secondary education as shown in Table 4.2.
    

55. 
    The lowest literately among females is partly due to lack of girls schools in the project area. During the field survey some of the sample population has expressed their interest in girl’s education.
    

1. Occupational Background

56. 
    Among the PAPs, the small businesses dominate the project area, see Table 4.3. Of the total sample PAPs, 40.1 percent are involved in farming activities, while 26.6 percent are daily- wage laborers, 10.1 percent are govt. services. About 7.2 % of the 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.
    

1. Household Well-being/ Livelihood

57. 
    During the field survey, it was observed that the major sources of income in the project area are generated from business (shops, stores, auto workshops etc.), services (trucks & trailers drivers), labor, livestock grazing/ sale of animals (especially goats/sheep), remittances from abroad etc. Based on the data summarized in Table 4.4, the average annual household income is calculated to be Rs. 624,554, which comes from all sources of a household, such as crops, livestock, remittances from inside land and outside the country.
    

1. Household Expenditure

58. 
    The annual expenditure and pattern of expenditure provides an indication for assessing standard of living of a household. The expenditure on food items include cereals, pluses, flour, sugar, cooking oil/ghee, pulses, vegetables, fruit, milk etc., while the non-food items consisting of expenditure on education, medical treatment, clothes, shoes, cosmetics, utility bills etc. On the whole, the average annual household expenditure on food computed to be Rs. 88,628 (59.1%) and Rs. 61,488 (40.9%). The ratio between food and non-food expenditure estimated in the project area as given in Table 4.5.
    

1. Housing Conditions

59. 
    Housing condition is also another indicator for assessing of living standard/ household well-being. It was observed during the field survey as depicted in Table 4.6 that on the whole, all 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 houses.
    

1. Availability of Infrastructure/ Social Amenities

60. 
    About 85.3 % PAPs had the access to drinking water in the proposed emergency rural road project, 91.2% had the access to electricity. In case of other amenities, i.e., access to, schools and road, the extent was 17.4% and11.8 % respectively while health facilities is not available in project area as given below see Table 4.7.
    

1. Poverty Impacts

61. 
    The poverty is routinely defined as the lack of what is necessary for material well-being — especially food but also housing, land, and other assets. The poverty¹⁰ refers to the poor people focus on assets rather than income and link their lack of physical, human, social, and environmental assets to their vulnerability and exposure to risk. Thus, lack of secure and consistent income, aggravated by lack of access to diverse sources of income is the main reason for the poverty in project areas. In general, the poverty is measured by the poverty line. The people who are below the poverty line refer to the vulnerable people. Negligible off-farm economic opportunities restrict job opportunities for daily wage labor.
    
62. 
    In the Bajaur, Orkazai Agencies marble quarries offer some source of off-farm employment. However, these do not generate sufficient employment for the local people seeking jobs. However, based on field survey it was observed that none/ or a few number of project affected household’s found below the poverty line.
    

1. Social Risks and Mitigation Measures

63. 
    Based on the field survey of the proposed project roads falling under the jurisdiction of Bajaur and Orakzai agency including impact assessment, socioeconomic and consultations with the project affected persons, the social risks may be regarding the security issues, health and safety of staff/ labor force & local community; restricted mobility of local community especially women etc. A detailed description of these concerns and their mitigation in the light of consultations with the PAPs/ communities and other stakeholders are discussed under the Section of public Consultations (Section 6).
    

1. Limitations

64. 
    The following limitations were found during the field survey:
    

• 
  All proposed roads under the FERR project were located in the Bajaur and Orakzai agencies, where security issues were significant.
  
• 
  Identification of women issues by involving local and outsider female enumerator were found limited due to the tribal customs and privacy of women in the area.
  
• 
  The surveys were conducted in the Muslim’s fasting month of Ramadan, field teams faced difficulties in finding out APs for consultations.
  
• 
  The access to far flung villages was quite difficult as there were no existing roads.
  

5. LAND ACQUISITION AND RESETTLEMENT IMPACTS

   1. Cut-off Date

65. 
    The inventory assessment survey was conducted from 20th July 2012 – 11 August, 2012. Thus, the date of completion of the survey was considered 11 Aug, 2012 as the “Cut-off-date” , which refers to the people who will settle after the cut-off date will not be entitled for any compensation.
    

1. Land Acquisition

66. 
    As per census conducted for acquisition of land, it reveals that a total of 59.62 acres of land for the project implementation would be acquired; it comprises 30.49 acres (51% of total) of agricultural land, 7.17 acres (12% of total) hilly/ barren land, 2.16 acres (4% of total) waste land, 1.56 acres grazing land¹¹ (3%), 0.95 acres (like causeway/ drain 2%). The detail given in the table below:
    

1. No. of PAPs

67. 
    There are total 333 PAPs (3377 individuals/ family members) who will be affected due to the acquisition of land. At the same time some of them are also the owners of affected structures, trees and crops as well as other privately owned assets (like tube wells, water tanks etc.).
    
68. 
    As regards, extent of impact is concerned; there is a minor or insignificant impact on these PAPs due to the acquisition of very small stretch of land (i.e. 9m) as well as partial demolishing of few structures. All these PAPs have an adequate land adjacent to the road alignment, so that there would be an insignificant impact on the livelihood of the PAPs due to this project. Village-wise list of PAPs are given in table 5.2.
    

1. Affected private Buildings/ Structures

69. 
    Total 16 private structures (including 5 residential rooms, 5 Boundary Walls of privately owned residential houses and one school building , 2 private irrigation tube wells, and 3 private water tanks), 1 water supply line being used by the community will be affected due to the project. The structures will be removed after payment of compensation and serving at least 60 days prior notices to affected people. These 14 structures are owned by 11 PAFs. It is pointed out that there is a partial impact due to the demolishing of structures. However, the PAPs of 2 tube wells and 3 water tanks agreed to shift/rehabilitate the affected assets themselves for which they will be compensated on the rates determined by the W&SD and agreed by PAPs. All PAPs are willing to clear the RoW by shifting these structures, so that road could be constructed to ease their and their children lives. The number and size of the affected structures are summarized in Table 5-3 below:
    

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