Affected Public Structures/ Utilities

Affected Public Structures/ Utilities

70. 
    Shifting of 10 electric poles/ transmission lines and Boundary Wall of a primary school will be required. Electric poles/ lines will be shifted by PESCO, while the contractor of the road section will re-construct Boundary Wall of the school. Furthermore, community is willing to clear the RoW in order to construct their roads (Table 5-5).
    

1. Affected Crops

71. 
    In the project area, a major proportion of land is cultivable and being cropped. The major crops grown in rabi season are wheat, while maize is in kharif season. The average yield and value of crops provided by APAs of both the agencies is presented in Table 5.6.
    

1. Affected Trees

72. 
    There are two types of trees to be cut-down due to the construction of proposed roads, i.e. fruit and wood trees.
    

1. Fruit Trees

73. 
    Total 359 fruit trees will need to be cut-down due to the construction of the proposed roads. The major types of fruit trees are “Fig, citrus, mulberry, olive, peach and walnut. The average age of trees is given in Table 5.7.
    

1. Wood/ Timber Trees

74. 
    Total 1,446 wood trees to be cut-down due to the construction of the proposed roads. The major types of wood trees are eucalyptus, kikar, bakan. As a remedy to loss of trees and its affect to the environment the W&SD will also do compulsory plantation on the road side when the project is completed. The number and average girth of trees is given in Table 5.7.
    

1. Women Headed Households

75. 
    No women headed household will be affected due to the implementation of this project due to the tribal culture in the project area. The head of the household are generally the male members. Similarly, the women are not involved in the decision making process at community and level, but they are more involved in the domestic activities.
    

1. Indigenous Peoples (I P)

76. 
    No Indigenous peoples triggered under the project in accordance with the World Bank Safeguard Policy.
    

1. Assessment of Unit Prices

77. 
    There is no practice of sale and purchase of land both in Bajaur and Orakzai agencies to determine the market rate or replacement cost. Neither there was any concept of prices assessment for the assets acquired for public purposes nor there any mechanism existed for prices assessment before the amendment in the Frontier Crimes Regulation (FCR) 1901 in 2011 by President of Pakistan. A new section 56 was included in FCR 1901 which protects individual property rights and asks for compulsory payment of compensation for the properties acquired for public purposes on consensus rate or Government assessed value as in vogue in settled areas.
    
78. 
    The Political Administration on the request of Implementing Agency (W&SD) constituted a Prices Assessment Committee in both the Agencies. The price assessment was carried out by the Price Assessment Committees under the overall supervision and consent of the Additional Political Agent on behalf of political administrations. The composition of each price assessment committee is as below:
    

1. 
   Tehsildar
   
2. 
   Patwari
   
3. 
   Village elders (Jirga)
   
4. 
   Malik
   

1. Land

79. 
    Accordingly, under this project, on the request of PMU the Price Assessment Committee in Consultations with, Implementing Agency, village elders (Jirga) as well as some maliks assessed the prices of land of various categories in all the villages along with the RoW of proposed roads. The assessed prices as agreed by Implementing Agency and the land owners were notified by the Assistant Political Agents. (Please see Annex – II(1)&III (2)). The prices assessed for different categories of land for each road are given in the table (5.8) below:
    

1. Price Assessment of Structures

80. 
    As there are different categories of structures in FATA depending upon the material used for the construction such as stones, mud, etc., Therefore, the prices are not consistent with the prices used in KPK as well as other provinces of Pakistan. The notifications for the prices of structures are provided in Annex II (2) and III (3) for Bajour and Orakzai respectively. The prices assessed for structures given in table 5-9 below:
    

1. Price Assessment of Trees

81. 
    APA through Political Tehsildar assessed the prices of trees in consultation with the concerned line departments of Agriculture and Forests. The prices assessed are presented in Annex II(3) and III(4) and summarized in table 5.10 below.
    

6. INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATION

   1. General

82. 
    The major purpose of the consultation process is to disseminate the project related information to the project affected persons and local community as well as general public. And get the views/ feedback of the PAPs and local community related to the project design, implementation and operations of the project.
    

• 
  Inform about the project, its scope of work and design
  
• 
  Incorporate suggestion of the people to improve project design to avoid/ and or minimize social and resettlement impacts in compliance of the ESSAF (2010) and Bank Operational Policy 4.12 on Involuntary Resettlement.
  
• 
  Seek PAPs views about the project;
  
• 
  Obtain information about the need and priorities of PAPs;
  
• 
  Ensure effective participation of PAPs and obtain co-operation in activities required for RAP planning and implementation;
  
• 
  Facilitate development of appropriate and acceptable entitlement options;
  
• 
  Inform PAPs about the RAP implementation process and the Bank requirements;
  
• 
  Discuss opportunities for participation in the project in accordance with the Bank requirements; and
  
• 
  Ensure transparency in all activities related to social mitigation and resettlement matters.
  

83. 
    Consultation process was carried from 3rd week of July – middle of August, 2012, which requires that project affected people should be fully informed and closely consulted on social/ resettlement impacts of the proposed project, options for resettlement/relocation, agreement on unit rates of affected assets and schedule of compensation payments and civil works. Thus, the consultation with stakeholders is the starting point for continuous consultation and of conducting social impact assessment.
    

1. Stakeholder’s Analysis

84. 
    One of the major purposes of stakeholder’s identification and analysis is to provide an opportunity to involve and ensure participation of all groups of the society in the planning and implementation of a project depending on the stakeholders’ willingness and participation. The stakeholders for this project were identified based on criteria given in a matrix as below.
    

85. 
    The major feedback of different categories of stakeholders is discussed under the subsequent section.
    

1. Government Department

86. 
    All the stakeholders of government (officials) appreciate construction of these roads in extremely remote areas. Presently, most of these proposed roads are just katcha tracks. The population (especially elders, children, patients, women) resided along the proposed roads had great difficulties for travelling to nearby towns/cities. However, some of the officials indicated their concerns associated with this project are as below:
    

• 
  The Government (IA/Political administration had more concerns relating to the right assessment of affected inventory including land and unit price assessment and fair/transparent disbursement of compensation to the project affected persons.
  
• 
  As there is no practice of land acquisition in tribal area and similarly, no land record available with the political administration.
  
• 
  The occupant people of land have their customary rights. In such a situation, the officials of different departments were of the view that the whole responsibility regarding the process of land acquisition is generally with the political administration.
  
• 
  The political administration was of the view that through Political Tehsildar/ Niab Tehsildar by involving Patwaris, Maliks and village elders (Jirga), the price assessment are made, which should be acceptable to all the PAPs.
  
• 
  Shifting of the public utilities are the responsibility of the concerned office/department/ agency. In this context, Official pointed out that the requisite funds for shifting of utilities should be the responsibility of the project.
  

1. PAPs/ General Public

87. 
    The major feedback/ view point of the PAPs/ general public was as below:
    

• 
  All the PAPs - including land/ crops/ trees owners and structure owners as well as other general public were extremely in favor of this rural roads project and were fully agreed/ willing to participate in all projects related activities.
  
• 
  The general public and DAPs in the consultation were found in favor of the construction of new roads as an important necessity in the area.
  
• 
  They had no access to nearby health facilities and education facilities.
  
• 
  PAPs indicated that they have no experience regarding the sale and purchase of land but they were of the view that APA/ Political Tehsildar in consultation with them will assess the price, would be acceptable to all PAPs.
  
• 
  As regards consultations, PAPs/ general population indicated that in the tribal system, all activities are carried out through the consultation with the village elders (named as Jirga). In this context, they appreciated the continuous process of consultations during the SIA and preparation of RAP and expected same in the project implementation.
  
• 
  Survey team did efforts to list down, the major concerns/ apprehensions of the PAPs and their feedback for solutions, which is presented in a Matrix as given in table …..
  

1. Dissemination of Information and Consultations with PAPs

88. 
    The consultation process was carried out by holding scoping sessions/ group discussions with the PAPs/local communities. During these consultations PAPs were informed about the plans regarding the proposed FATA ERR project consisting of 5 roads, i.e. 1 at Bajaur and 4 roads at Orakzai agency. In total 9 consultation meetings/sessions (with 71 participants including 60 PAPs and 11 general public) were conducted to share the information about the project and record their concerns/ feedback associated with this project. In this context, PAPs shared their view point regarding the price assessment especially current price, method of payment of compensation and procedure for entering their concerns/ grievances. A list of public consultations (Annexure – VIII) is summarized at Table 6.1. The following aspects were discussed during the consultation process.
    

• 
  Project introduction, discussion on design options and seek suggestions / recommendations
  
• 
  Structures losses and their compensation
  
• 
  Transportation assistance to dispose off salvage material
  
• 
  Livelihood restoration in case of vulnerable people
  
• 
  Compensation based on price assessment by the political administration and Tehsildar.
  
• 
  Other aspects – like project related jobs to PAPs
  

89. 
    In addition, the consultation meetings were also held with officials of different department, i.e. W&S Department, Highway Division, Political Administration Bajaur & Orkazai; and Tehsildar and, Patwaris. List of persons is as below.
    

• 
  Chief Engineer, W&S Department, FATA, Peshawar
  
• 
  Project Director, PMU, FATA Emergency Rural Roads Project, Peshawar
  
• 
  Additional Political Agent, Bajaur Agency
  
• 
  Assistant Political Agent, Bajaur Khar
  
• 
  Tehsildar, Orakzai Agency
  
• 
  Patwari
  
• 
  Executive Engineer, Highway Division FATA, Bajaur Khar
  
• 
  Executive Engineer, W&S/ Highway Division FATA, Orakzai Agency
  
• 
  Sub Divisional Officer, Highway Division FATA, Bajaur Khar
  
• 
  Syed Alam Jan, (Malik), Orakzai Agency
  
• 
  Syed Shahmim Jan (Malik) Orakzai
  

1. Specific Concerns of PAPs associated with the Project

90. 
    During the field survey people were asked about their views regarding the project. In general, people have very positive thinking and good hopes about the project. However, some specific concerns pointed out by the PAPs are as under:
    

1. Consultation Strategy during Implementation Stage

91. 
    A continued process of keeping the stakeholders informed and receiving their feedback at various stages of project implementation will provide a good measure to improve the social acceptability of the project, and will ensure effective participation of the stakeholders especially Project Affected Persons in the process of project implementation. In accordance with the Bank's OP-4.12, the following strategy for public consultation during the implementation of the project work is delineated.
    
92. 
    The PMU of W&SD through FIUs,Supervision Consultants and Political Administration including Tehsildar will keep a close liaison with the stakeholders including the PAPs and record their views relating to the satisfactory implementation of project works. Such records of public concerns will be incorporated in the periodic internal monitoring reports. Any mitigation measures to address their concerns will be taken by the project management (PMU/IA/ APA) keeping in view the concerns of PAPs.
    

1. Formation of PAPCs

93. 
    The project affected persons committees are being formed at village level (i.e. about 15 villages located at Bajaur agency and 5 at Orakzai agency), to ensure the smooth implementation of RAP in a continuous consultations with PAPs, organizing Jirgas at village level for updating impact assessment (if any), compensation disbursement and reddressal of community complaints/ grievances at village level.
    
94. 
    Thus, it can be concluded that with the active involvement and participation of PAPs during the public consultations process, the task of RAP implementation could be successfully accomplished. Details regarding PAPCs are discussed under the Chapter of Institutional arrangements.
    

1. RAP Disclosure

95. 
    This RAP has been prepared in consultation with the project stakeholders including the PAPs. Once approved the translation (Urdu / Pashtu) of the RAP shall be made available in the form of full RAP document and an information brochure to the PAPs and other local community resided in the project area, so that each PAP would be able to understand the project activities, i.e. the project, eligibility for entitlement of compensation, methods of measurement, price assessment & valuation of losses, payment of compensation, community complaints redress system, budget and monitoring & evaluation.
    
96. 
    The office of the PMU and FIUs, will keep the PAPs informed about the impacts, the compensation and assistance proposed for them in this plan and facilitate in addressing grievance (s) of the PAPs as well as other general public. Finally, there will be on-site consultations to ensure the entitled disbursement of the compensation to the entitled PAPs. A copy of the information disclosure (brochure) will be distributed among the PAFs and also placed in the local offices at W&SD, additional Political Agent/ APA, Tehsildar and in the office of PMU for ready reference.
    
97. 
    The RAP will also be disclosed through web site of the FATA Secretariat of Government of Pakistan, MDTF as well as the project specific InfoShop of the World Bank.
    

7. RESETTLEMENT BUDGET

98. 
    The resettlement budget as given below in table 7.1 includes i) costs of land, structures (residential & other) and trees compensation, shifting assistance, livelihood compensation (if any) as well as other costs (i.e. cost of training, independent monitoring and evaluation etc). Total estimated cost of land acquisition and resettlement is Rs. 108.34 million ($1.375 million). The IA will provide funds for the implementation of this RAP, financed by MDTF,
    

99. 
    The cost has further been calculated for each sub project which comes as per the table given below:
    

8. INSTITUTIONAL ARRANGEMENTS, GRIVANCE MECHANISM AND CAPACITY BUILDING

   1. Institutional Arrangements

100. 
     The institutional arrangements for the implementation of Resettlement Action Plan are discussed as below.
     

1. Works and Services Department (W&SD)

101. 
     The Works and Services Department (W&SD) is the Implementing Agency (IA) of the project. The Chief Engineer, Works and Services, FATA, Peshawar is the focal person for overall coordination with the World Bank and all other stakeholders to ensure timely implementation of the proposed project including RAP.
     

1. Project Management Unit (PMU)

102. 
     The IA has established a Project Management Unit (PMU) headed by a Project Director and other requisite staff including Deputy Project Director, Manager Finance and support staff. The RAP will be implemented by the Field implementation Unit (FIU) of W&SD established at Bjaur and Orakzai agency under the supervision of Project Management Unit (PMU). The RAP will be implemented through FIU in accordance with the implementation schedule presented in the RAP as well as civil works activities.
     

1. Field Implementation Unit (FIU)

103. 
     The W&S Department has already established two ‘Field Implementation Units' in the office of additional PA/ APA at each Bajaur and Orakzai agency for the implementation of RAP.
     
104. 
     FIUs are responsible with the help of different committees for i) price assessment of land/ structures and other assets, payment of compensation to the PAPs, agreement with the community regarding handing over the requisite RoW to the contractor(s) for construction activities; and coordination with the relevant line departments/ agencies. The composition of FIU is as under:
     

1. 
   Additional PA/ APA Convener
   
2. 
   Executive Engineer, Highway Division/ C&W Div. FATA Focal member
   
3. 
   Tehsildar Member
   
4. 
   Resettlement Specialist of Supervision Consultant Member
   
5. 
   Contractor’s focal point for Social Safeguards Member
   
6. 
   Chairman of PAPCs Member
   

105. 
     Keeping in view the existing setup of FATA, the RAP will be implemented in accordance with the implementation schedule by the FIUs of both Bajaur and Orakzai agency in close consultations/ coordination with i) PAPCs, ii) Price Assessment Committee (PAC), iii) Compensation Disbursement Committee (CDC) as well Grievance Redress Committees (GRC) both at FIU and Village level (VL).
     

1. Project Affected Person's Committees (PAPCs)

106. 
     The Chief Engineer (W&SD), through the Executive Engineers of both Bajaur and Orakzai agencies have formed village wise Project Affected Persons Committees (PAPCs) comprised of the PAPs representatives as mentioned in the notification annexed as- V. The number of the PAPCs are 15 and 5 at Bajaur and Orakzai agency respectively. The PPACs will have a local elder as Chairperson and 4 other PAPs as members with an educated PAP as its secretary to maintain the records.
     
107. 
     These PAPCs will assist in the process of land acquisition, assessment and payment of compensation; and grievance redress in consultations with PAPs to address day-to-day social/ resettlement issues due to the project implementation. Furthermore, the PAPCs will verify the identification of PAPs at the time of compensation payments. The Committees will ensure that after the receipt of compensations, PAPs would clear the RoW within the specified time, so that construction works could be started.
     

1. Compensation Disbursement Committee

108. 
     In order to ensure the fair and transparent payment of compensation to the PAPs, as envisaged in the Resettlement Action Plan of FATA Emergency Rural Roads Project (FERRP), the Compensation Disbursement Committees (CDCs) established wide a notification as annexed –VI for both Bajaur and Orakzai agencies in consultations with the Political Administration wide a notification at Annexure- V, RAP Consultants, Project Director and W&S Department (IA) in a joint meeting held in the office of Chief Engineer (W&D, FATA) on dated September 19, 2012.
     

109. 
     Based on the price assessment, the CDC will present the demand for total compensation to be paid to all project affected persons (PAPs) to IA. Accordingly, the IA on the approval of the World Bank will transfer the requisite funds (amount of compensation) to the Additional Political Agent (APA) for further payment to all PAPs. The CDC will be responsible for the payment of compensation to all PAPs through cross cheques on the names of AP(s).
     
110. 
     After making the payment of compensation to all PAPs, the CDC will also be responsible for an Agreement between the Political administration and PAPs under the witness of Chairperson of concerned PAPC/ or village elder that the requisite RoW is cleared and handed over to the Works and Services Department for the construction of propped
     road (s).
     

1. Grievance Redress Mechanism

   1. General

111. 
     The potential social and resettlement issues associated with this project and their mitigation measures have been given in the RAP. However, by doing all possible and best efforts, there could be a chance that an individual or a group may be unsatisfied with the measures adopted to address any such or unforeseen issues under the project.
     
112. 
     In order to ensure smooth and timely implementation of RAP by addressing all community concerns/ issues, a Grievance Redress Committees (GRCs) both at FIU and Village Level (VL) in consultations with the political administration, W&SD (IA) and PMU.
     
113. 
     The GRC will provide a public forum to the aggrieved to raise their objections and through resolution, address these issues adequately. The main objective of the GRM will be to investigate charges of irregularities and complaints received from the PAPs and provide an early, transparent and fair resolution.
     
114. 
     The complaints will be registered by maintaining a community complaints register (CCR), where the name & address of complainant , date, description of complaint and actions taken will be entered.
     

1. Grievance Redress Committees (GRCs)

115. 
     The Grievance Redress Committees (GRC) both at FIU and Village Level have been formed vide a notification at annexure - VI.
     

116. 
     The composition GRC formed at Field Implementation Unit (FIU) is given as below:
     

117. 
     The composition GRC formed at Village Level (VL) is given as below:
     

1. 
   SDO/ Sub Engineer (Highway/ W&S, FATA) of concerned agency
   
2. 
   Patwari
   
3. 
   Chairperson of PAPC/ and or Jirga
   
4. 
   Contractor focal point on social safeguards
   

1. Community Complaints/ Grievance Redress Process

118. 
     Keeping in view the prevailing tribal people set-up in the jurisdiction of both Bajaur and Orakzai agencies, the process to be followed to redress the community complaints/ grievances relating to both land and non-land issues associated with the implementation of this project is discussed. The following process will be followed to address both land and non-land issues:
     

1. Organogram

119. 
     An Organogram showing the institutional arrangements for the implementation of RAP is illustrated through a diagram presented in figure 8.1 below:
     

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