Social Monitoring Report

Project No.34418-013 Final Report December 2015

BAN: Southwest Area Integrated Water Resources Planning and Management Project – Final Social Safeguards Monitoring Report for Chenchuri Beel Sub-Project and Narail Sub-Project in Narail District

Southwest Area Integrated Water Resources Planning and Management

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

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

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SOUTHWEST AREAIntegrated Water Resources Planning and Management Project

Bangladesh Water Development Board

SOUTHWEST AREAIntegrated Water Resources Planning and Management Project

Bangladesh Water Development Board

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

Ministry of Water Resources

Bangladesh Water Development Board

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

FINAL SOCIAL SAFEGUARDS MONITORING REPORT

Prepared by

Bangladesh Water Development Board

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November 2015

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

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Glossary of Terms Affected Person (AP): includes any person, affected households (AHs), firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with physical or economic displacement. Assistance: means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets. Awardees: means the person with interests in land to be acquired by the project after their ownership of said land has been confirmed by the respective Deputy Commissioner's office as well as persons with interests in other assets to be acquired by the project. Compensation for acquired assets is provided to ‘awardees’ through notification under Section 7 of the Land Acquisition Ordinance. Compensation: means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. Cut-off date: means the date after which eligibility for compensation or resettlement assistance will not be considered is the cut-off date. Date of service of notice under Section 3 of Land Acquisition Ordinance is considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the census/inventory of losses is considered as the cut of date for eligibility of resettlement benefits. Displaced Person (DP): includes any person, households (AHs), firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with physical or economic displacement. Encroachers: mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. The term also refers to those extending attached private land into public land or constructed structure on public land for only renting out. Entitlement: means the range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and business restoration which are due to AHs, depending on the type and degree /nature of][\their losses, to restore their social and economic base. Eminent Domain: means the regulatory authority of the Government to obtain land for public purpose/interest or use as described in the 1982 Ordinance and Land Acquisition Law. Household: A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit). Inventory of losses: means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Non-titled: means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or public land without permission, permit or grant i.e. those people

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

1(iv) households of indigenous population or ethnic

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

1 The poverty lines (updated for 2008)

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

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

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

4. Social Safeguard Issues ...................................................................................................... 7

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

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

Annexes

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

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

and ChanderChar under CBSP.

7. List of Participants during FGD conducted by ADB special mission in September 2015

8. Photograph of APs in the project areas during various occasions

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1. Executive Summary

One of the major concerns of ADB is that local people will not be disadvantaged in the process of

development initiatives in the project areas; the bank put utmost efforts to avoid or minimize

resettlement effects all the way. During the feasibility studies, two sample subprojects were studied to

assess land acquisition and resettlement framework (RF) and sample resettlement needs for

rehabilitating and improving water infrastructure. A resettlement framework (RF) and resettlement

plans (RPs) were prepared, following ADB’s involuntary resettlement and other social safeguards

polices including public consultation and information disclosure. Subprojects implementation required

strip acquisition of land for re-sectioning and realigning embankments and placement of structures.

Under the project, the RF was followed, and all affected person entitled to compensation for land

taken for the purpose of the project interventions for their lost assets; and incomes at replacement

cost to improve or at least restore their pre-project living standards, income levels, and productive

capacity. The PMO supervised RP preparation and implementation by the concerned SMO, with

support from the TA consultants and RP implementation NGOs. The RPs as prepared during the

IWMP preparation stage was refined after detailed design with approval of ADB. In the implementation

the RPs grievance redressing mechanism by representatives of the PMO, project affected person,

local governments, and the NGO was established. The PMO continued preparing and submitting to

ADB on the land acquisition and resettlement issues in its quarterly reports. Moreover, ADB organized

two separate missions to oversee the overall RP Implementation process of which the last one was

organized in September 2015. The mission worked extensively to meet the AP and went through the

paper works to verify whether those efforts were adequate or not.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

construction program.

Resettlement Plan should be implemented as per resettlement frame work and compensation policy so

that the project affected persons must not be worse off than his present social & economic status due to

the project because of shifting to other places and relocation.

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2. Introduction

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

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

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

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

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

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

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

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

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

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

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

water management is most critically needed in the area.

The main objective of the project is to enhanced livelihoods and livelihoods opportunities impacted by

integrated water resources management (IWRM) as a result of upgraded infrastructures, increased user

participation and improved decentralized service delivery, and strengthening institutional capacity for

planning, implementing, operating, maintaining and monitoring demand driven participatory IWRM plans.

In order to achieve aforesaid objectives, the project includes both institutional and investment programs

those contribute in reducing poverty by securing and environmental conductive to improve health within

project target areas and promoting GoB’s sector reform process through the establishment of institutional

arrangements for participatory project management. Main physical work component of this project was –

Canal Re-excavation, Embankment construction/Re-sectioning, Construction of New Regulator,

Rehabilitation of existing Regulator, Construction of Pipe Inlet/Outlet, Construction of Bridge & Foot

Bridge, River Bank Protection work, Installation of deep tube well& construction of WMG training center.

The present Southwest Integrated Water Resources Planning and Management Project

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

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

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

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

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

latest revised DPP is BDT 29425.53 lakh where revised implementation period is 2006-07 to 2014-15

(Original 2006-2013). Initial study made on 13 candidate sub-project from which 2 (two) large sub-

projects were selected (Chenchuri Beel Sub-Project: Gross 25,500 ha, net 17,900 ha & Narail Sub-

Project: Gross 31,500 ha, net 23,440 ha) with the fund amounting Gross 57,000 ha against planned

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Gross area of the project i.e. 100,000 ha. Balance 43,000 ha was to be implemented during project

implementation period. The revised figure of the two subject which were selected for implementation exist

in Narail district & some part of Avoynagar Upazila of Jessore district. Later on, rehabilitation of damages

caused by Aila-2009 in the selected district Khulna and Satkhira in the south-west region was included in

the project. The project covers geographical area of about Gross 100,000 ha under original project (Gross

57000 ha in Chenchuri Beel & Narail sub-projects) plus emergency additional Gross 74800 ha in four

polder under Aila-2009 rehabilitation works in Khulna & Satkhira districts. The total area of the project

implemented is 174,800 ha.

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

district, under the project were considered to have adverse social impacts and involve acquisition of 76.92

ha of land (Chenchuri Beel – 33.97 ha and Narail – 42.95 ha) for construction of project infrastructures.

The RPs outlined measures for mitigation of adverse impact and parameters for entitlement, the

institutional framework, mechanisms for consultation and grievance resolution, cost estimates,

implementation time frame, and monitoring and evaluation. A detailed socioeconomic survey of the

affected population was therefore required to prepare RPs. At the very outset of the project due severe

erosion, embankment at Noagram and Chander Char engulfed and retired embankment at the 2 site were

to be constructed totaling 2.266 km of embankment along with riverbank protection works taken up to

stop further engulfment of the river at the two critical places.

Involuntary Re-settlement Safeguard

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

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

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

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

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

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

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

being followed as per ADB’s Guidelines. Later Mr. Alam visited the project areas again with the Social

Safeguard Monitoring Specialist and consulted with the APs through FGD. It was found that the RP was

followed with adequate paper work while the team also consulted with the APs with grievance and the

APs were found satisfied after the consultation. Images included in the later part of the report.

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

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

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

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

matrix.

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

land owners.

3. The Project

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

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

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

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

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

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

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

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

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

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

the beneficiaries to manage the facilities. The improved facilities have been made effective by controlled

flooding and drainage through compartmentalization.

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

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

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

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

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

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

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

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

embankment from Siddipasha under Avoynagar Upazila to Shingia under Narail Upazila. LGED

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

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

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

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

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

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

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

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

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

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

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

the final figure for the project.

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

Sub-Project.

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

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4. Social Safeguard Issues

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

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

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

of embankment (planned in both NSP and CSP).

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

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

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

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

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

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

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

do any negotiations with the local people).

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

composition tasks as follows (Annex-1)

1. Joint Verification Team (JVT)

2. Property Valuation Advisory Team (PVAT)

3. Grievance Redress Committee (GRC)

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5. Implementation of Resettlement Plan

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

totaling 2.266 km under Chenchuri Beel Sub-project (CBSP).

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

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

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

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

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

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

mainly on mutation and succession problems.

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

Nr. Eligible

Persons Total

Nr. Eligible Persons Paid

Nr. Eligible Persons

Partially Paid

CCL Amount payable [BDT]

CCL Amount paid [BDT]

Fin. Progress

in %

NSP

CSP/Noagarm 30 30 - 3853289.00 3853289.00 100.00

CSP/Chanderchar 32 32 - 2283821.05 2283821.05 100.00

Total 62 62 - 6137110.05 6137110.05 100.00

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

Nr. Eligible

Persons Total

Nr. Eligible Persons Paid

Nr. Eligible Persons Partially

Paid

Amount payable [BDT]

Amount Paid [BDT]

Fin. Progress in

%

NSP

CSP/Noagarm 37 36 - 809602.00 799810.00 98.79

CSP/Chanderchar 50 50 0 3992150.64 3992150.64 100.00

Total 87 86 0 4801752.64 4791960.64 99.80

Note: Noagram Case

One person ID No. 102#0039 have succession problem. He is not interested to get succession certificate from the court. To hand over the cheque this certificate is necessary. Social Safeguard Monitoring Specialist and Mr. Alam of ADB met the person in person and found that the AP has already been well-informed on the issue.

Note: Chanderchar Case

.

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B. Re-sectioning and retiring of embankment.

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

peripheral embankment had been brought shape under FFW program under O & M head, and at many

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

movement. Therefore, RP prepared for 19.02 km at 5 locations

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

(i) Islampur to Chander char-4.47 km

(ii) Burikhali (Noagram)-0.70 km

(iii) Baze Babra to Burikhali-7.06 km

(iv) Satbaria to Pateswari-4.65 km

(v) Purulia to Bagdanga-2.14 km

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

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

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

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

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

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

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

re-sectioning.

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

(i) Km 1.25 to 1.735=0.485 km

(ii) Km 1.801 to 4.616=2.815 km

(iii) Km 5.871 to 6.671=0.80 km

(iv) Km 16.20 to 22.00=5.80 km

(v) Km 22.00 to 24.00=2.00 km

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

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

framework.

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

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

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

construction financed by GoB.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ADB.

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6. ADB Safeguards Review Mission at Chander Char and Noagram

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

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

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

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

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

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

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

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

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

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

March, 2012 and furnished to all concerned. Later on, Mr. Alam with the Social Safeguard Monitoring

Specialist visited the project areas and conducted FGD with the APs. There they found that adequate

field work and paper work were underway as per the RP. Some of the evidence of paperwork with

photographs have been provided at the end of the report. The last mission to the project area found

personnel with grievance who didn’t receive the payment due to adequate paper work after the death of

original owner of the land. With the presence of other APs, the issue was resolved and the person with

claim understood the issue and agreed with the resettlement arrangements.

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

I. Delayed and inadequate payments:

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

the issue was resolved with proper monitoring and follow-up by RP implementing consultants as well as

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

payment of DC as a confirmation of the proper ownership of asset and payment were made just after the

evidence of DC’s payments. Delay also caused due to matching photo copies with cadastral maps

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

RP implementation NGO Bartika Beacon Consultancy Services Ltd. at the mid of disbursement of

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

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

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

penalized for the delay which had dependency on CCL.

II. Weak consultation

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

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

Only one NGO, Ulashi Shreejoni Sangstha which could not get the NGO contract played strong negative

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

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

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

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

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

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

implementation at two locations was carried out successfully.

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

to get additional money for stamp duty and land registration fee for purchasing new lands elsewhere. But

most of the affected persons did not apply for the benefit due to complication in the process of

documentation for registration, wastage of time, long distance to be travelled for Land & Registration

office. Only two persons applied for it. One Mr. Sardar Mohammed Ali, who produced proper documents

and evidence that he purchased land after getting CCL, he was paid the amount. Another person named,

Krishna Roy Biswas applied but evidence showed that he purchased land before receiving of

compensation under CCL, so he was not paid the additional money under RP.

III. Lack of income restoration measures

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

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

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

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

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

Annex-6).

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

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

the implementing RP engaged by ISPMC. Social Safeguard Monitoring Specialist along with Mr. Alam

found during their visit that adequate campaign were done to handle grievance through the GRC (see

Annex-2).

V. Lack of verified and updated baseline data

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

reflected in the quarterly progress reports till June 2012 as all payments were made per RP. After the

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

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

7. Independent Reviewer’s Major Findings are shown (for detailed report see Annex-6)

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

Additional Grant for land to ensure replacement market value of land

Refund of Registration Cost

Cash grant equivalent to one year’s net income from asset to be determined by PVAT to the cultivator(s)

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

Three years Cash grant of Tk. 300 per decimal as transition allowance to land owner-cultivators

Three years Cash grant of Tk. 300 per decimal as transition allowance to tenants/share-croppers

Additional Cash grant of Tk. 5000/= to head of affected HHs (Vulnerable).

Training allowance and credit facilities under Income Generation Program (IGP)

Support for Income and Livelihood Restoration (ILR) Program.

According to the LRP, the Ministry of Water Resources through the Bangladesh Water Development Board (BWDB), the Executive Agency (EA) is responsible for implementation of the LRP through setting up of a Resettlement Unit (RU) within the Project Management Office (PMO). The RU under the Project Director undertook day to day activities with the appointed NGO and Consultants. The PMO engaged one senior Executive Engineer as the CRO to supervise implementation work supported by the Consultants. At field level, Resettlement Coordinator (RC) assigned for Chenchuri Beel Sub-Project Management Office (SMO), Narail, carried out day to day activities with the appointed IA. Information on the affected lands and affected persons are shown in tables below as observed by the Independent Reviewer: Table: Land Acquisition and associated impacts.

Location Name of of

Intervention Quantum of land acquired

No. Irrigation structure (STW) affected

Affected Trees

Affected HH

Total Population affected

Noagram Retired Embankment

2.559 ha 1 98 32 170

Chanderchar Retired Embankment

4.137 ha 2 - 64 268

Total 6.696 ha 3 98 96 438

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

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Land holding size (acre)

Chanderchar Noagram Total

HHs own land

HH’s losing land

HHs losing more than 10% land

HHs own land

HH’s losing land

HHs losing more than 10% land

H.Hs own land

HH’s losing land

HHs losing

more than 10% land

0.01-0.05 - 6 - -

5 - - 11 -

0.06-0.10 - 11 - -

2 -

- 13 -

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

0.26-0.50 - 3 - -

5 1 - 8 1

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

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

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

2.51-5.00 9 - 4 2 --

2 11 -

6

5.01+ 5 - 1 2 -

7 -

1

Total 37 37 12 32 32 18 69 69 30

Source: socioeconomic survey, February 2008 The LRP has made provision for assistances to the HHs displaced from the ROW and to those who lost sources of livelihood. Table: Occupation Profile of APs Occupation Location Both

Chanderchar Noagram

Head of household

Population Head of household

Population Head of household

Population

M F Total M F Total M F Total

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

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

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

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

Household Works

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

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

Rickshaw puller

1 (1.6)

1 0 1 0 0 0 0 1 (1.1)

1 0 1 (0.2)

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

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

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

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

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

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

Source: Socio-economic Survey, February. 2008 (Figures in parenthesis indicate percentage

Table: Economic Profiles of APs

Household in

Level of Income Chanderchar Noagram Total

< 2500 2 2

2500 — 3600 18 2 20

3600 – 5000 18 3 21

>5000 26 27 53

All 64 32 96

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

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

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

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

Note: Because of engulfment of the embankment adjacent to their land at the two places, the construction of the retired embankment was felt by all the beneficiaries of the project including the APs as an immediate measure for their survival, and the construction of retired embankment everybody were satisfied including the APs and as such no social problem arose and the concern did not arise.

To sum up, the economic condition of the APs shows upward trend in Post-work situation. According the

Pre-work survey, majority APs (55.2%) were well off having maximum income more than Tk 5000/month.

In Post-work survey, 65% of the APs against 55% in Pre-work occupied the status of highest income

group of above Tk. 18,500/= PM in case of Noagram and Tk. 9,300/= PM in case of Chanderchar against

Tk. 18,200/= and Tk. 6,500/= PM respectively (on an average) in pre-project situation.

Execution of IGP and ILR Program Vis-a-Vis Extension of Operational Period of IA The Implementing Agency (IA) started work on 1.6.08 having been appointed for 12 months. The period expired on 31.05.09 when disbursement of Resettlement Benefits (RB) was not started. It began end July, 2009 although IA submitted indent for RB on 9.04.09 and Technical Proposal on ILR Program on 6.9.09. Therefore, the IA had a good ground to claim for an extension of project period. They submitted an Extension Proposal on 28.06.09 to render assistance in disbursing RB, and execution of ILR Program. However, time is not yet barred. May the Reviewer recommend execution of the ILR Program with the extension of operational period of IA for another period of six months!

Addressing some local Issues The last but not the least, in course of reconnaissance survey, some local issues which need immediate remedial measures came to the knowledge of the Reviewer. The matters although do not come within the purview of the Reviewer’s TOR, yet he is obliged to focus the same to draw the attention of the BWDB Authority. Those already discussed under Para Finding from Discussions, are:

(i) Request for undertaking loop cutting in Noagram “Char”;

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(ii) Extension of Chanderchar River Bank Revetment work at east end, and (iii) Construction of Flood Protection Embankment from Baraigram Ferry Ghat to starting

point of Noagram Retired Embankment.

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

(i) CBSP: at five stretches for a length of 15.86 km, where the embankment was declared free of

any structure through socio-economic survey and following RF matrix by the RP consultant, were se-sectioned under the project. The remaining portion 3.16 km were carpeted/paved along with strengthening by LGED through GoB fund under their normal rural road construction programme making the subproject a completed.

(ii) NSP: out of 11.90 km planned to be re-sectioned, however 2.00 km was taken up during 2011-12

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

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8. Conclusion & Recommendation

This RP covers compensation and resettlement assistance for households, business structures and other

lost assets in connection with the re-sectioning/retired embankment under Chenchuri Beel sub-project &

Narail Sub Project. Mitigation of loss of assets and livelihood is the main focus of the Resettlement Plan.

In this project, the design, compensation, relocation options, benefits and adverse social impacts were

discussed with the affected persons and their community. Stakeholders were asked for their views on the

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

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

consulted concerning the specific project impacts and their livelihood aspects. Under South West Area

Integrated Water Resources Planning & Management project, Resettlement Plan was successfully

applied.

However, this is to emphasize that resettlement Plan should be implemented as per resettlement frame

work and compensation policy so that the project affected persons must not be worse off than their

current living standard and socio-economic status due to the project because of shifting to other places

and relocation. It will be worthwhile to recommended that in future, a position will be created in the Project

Management Office to monitor and record the RP implementation process whether the land has been

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

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

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

To ensure adequate RP implementation monitoring, BWDB as the Executing Agency (EA), through the

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

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

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

including identification of significant issues.

9. Lessons Learned

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

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

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

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c. Land acquisition schedule should synchronize with the resettlement program so as to ensure disbursement of compensation both CCL and Resettlement Benefit almost simultaneously for enabling EPs utilize the total compensation money prudently for replacement of lost assets.

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

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

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

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

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

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

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Annex: 07

List of Participants for FGD in Narail

Chander Char

Name Occupation

1. Sheikh Mofizur Rahman Ex-Chairman, UP

2. Sheikh Mofidur Rahman Social Worker

3. Azibor Molla Agriculture

4. Potu Sardar Business

5. Akhter Hossain Sheikh Business

6. Lutfar Sharif Agriculture

7. Omar Khan Agriculture

8. Ali Miah Sarder Agriculture

9. Israfil Sarder Agriculture

10. Ibadul Sheikh Agriculture

11. Hafizur Sheikh Agriculture

12. Babul Sheikh Agriculture

13. Mizan Sheikh Agriculture

14. Golam Rabbani Agriculture

Noagram

Name Occupation

1. Nazrul Gazi Agriculture

2. Mohammad Golam Hossain Business

3. Munsi Hafizur Rahman Agriculture

4. Mohammad Tunu Mollah Business

5. Sheikh Mohammad Zaman Student

6. Sheikh Rabiul Islam UP Member

7. Mohammad Shahidul Gazi Business

8. Doulat Mollah Agriculture

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Annex: 08 Photograph of the project area on RP Implementation

Picture 1Focus Group Discussion with Aps

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Picture 2 Cheque Distribution to AP (Female)

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Picture 3 Cheque Distribution to AP (Male)