Bangladesh Economic Zones Authority (BEZA) Private Investment and Digital Entrepreneurship (PRIDE) Project Environmental and Social Management Framework (ESMF) Package No. BEZA S-135 Final Report Annexes to ESMF Report Vol II January 2020 Annex I: Public Consultation Participant’s list & Documentation of Consultations 2 3 4 5 6 7 8 9 10 Key Informant Interview (KII) with Upazilla Nirbahi Officer of Key Informant Interview (KII) with Senior Upazilla Mirsarai Upazilla, 6-11-2019 Fisheries Officer of Mirsarai Upazilla, 6-11-2019 Key Informant Interview (KII) with Upazilla Livestock Key Informant Interview (KII) with Forest Range Officer of Officer of Mirsarai Upazilla, 6-11-2019 Mirsarai Upazilla, 6-11-2019 Key Informant Interview (KII) with Upazilla Agricultural Key Informant Interview (KII) with Social Welfare Officer Officer of Mirsarai Upazilla, 6-11-2019 of Mirsarai Upazilla, 6-11-2019 11 Key Informant Interview (KII) with Upazilla Engineer (LGED) of Mirsarai Upazilla, 6-11-2019 Figure 1: Key Informants Interview (KII) with Officials of Concerned Departments Public consultation with local stakeholders at 11 no Public consultation with local stakeholders at Mogadhia Union, 06-11-19 Jolodas Para , Dhomkhali, 8no Ward, 16no Shaherkhali Union, 07-11-19 Focus Group Discussion with local stakeholders at Group Discussion with local stakeholders at Abu Bangla Bazar, 9 no Ward of 6no Ichakhali Union, 07- Torab Bazar of 11no Moghadia Union, 05-11-19 11-19 12 Public consultation Discussion with local Focus Group Discussion with local stakeholders at stakeholders at Chorshorot, 9no Ward of 06 Beribadh Chorshorot, 9no Ward of 6 Ichakhali Ichakhali Union, 07-11-19 Union, 07-11-19 Focus Group Discussion with local stakeholders at Walk in interview with local stakeholders at 5no Moghadia Absar Chouwdury High School of 11no Ward of 11no Moghadia Union, 07-11-19 Moghadia Union, 05-11-19 Group Discussion with local stakeholders at Group Discussion with local stakeholders at Chorshorot, 9no Ward of 06 Ichakhali Union, 07-11- Moghadia Anjuman Nesa Govt. Primary School of 19 11no Moghadia Union, 05-11-19 13 Walk in interviews with local people within the study Walk in interviews with local people within the area study area Consultation with local stakeholders Figure 2: Public Consultations, FGDs & Informal Interviews with Local People and Stakeholders Table 1-1: Public Consultations meeting outcome Location Concerns Replies Dumkhali • All of the probable impact and • At operation phase, industry of EZ may Village of 8 their consequent mitigation badly affect the environment by various no Shaher measures to be addressed in way, Khali union. the ESMP and it will comply at • Expecting the new income generating operation and construction source as well as working facilities in the phase. industries of EZ; • Consultant will suggest BEZA • At present, except security guard, there to request associates is no working labour from the local contractor of EZ to give the community; priority of local labour for • Currently working hour in the EZ is 12 their recruit process based on hours. But they want 8 hours and also the skill. demand over time on extra working • A labour management plan hour; will be prepared & working • Fishing net are damaging for moving the hours related issues will be materials carrying cargo and ships; incorporated within the plan. 14 Location Concerns Replies • Daily 500 hundred fisher man moving in • Job opportunity will be the Khal. Thus, if sluice gate is created for all types of labours constructed (Ichakhali Khal), fishing boat & local peoples will get movement will interrupt; priority. • Near about 100 woodcutters affected • Provide alternative livelihood due to BSMSN activities to affected persons. • Buffalo and cow pasture land is being • Provide compensation to the damaged due to develop the Mirsarai EZ. affected persons About 300 HHs has affected those who • Requested to provision of were rearing buffalo and cow. alternative water way • They request to provide there any (channel for boat movement) provision of alternative water way for for fishing boat movement fishing boat movement and keeping the and keeping the fishing net fishing net drying place. drying place. • Buffalo and cow pasture land is being • Use specific and separate damaged due to develop the Mirsarai EZ. channel for material carrying They ask that, there is any provision for vessel. compensating the issue or not. • We are expecting that livelihood on fishing may be hampered due to construction vessel movement. This will have huge detrimental effect on aged person (fisherman) who are not use to with other work. They asked that, will there any age base working opportunities or not • Due to heavy construction activities, over all environment will be badly affected • In the last 2 to 3 years, out of 2500 fishing net 600 net has been ruined by material carrying vessel. They ask that, is there any remedy or not. • May be 2 to 3 years ago, a list of infrastructures beside the bedi-badh was collected and told the infrastructures owner that they will get compensate if they need to relocate from their place. But they did not get any progress yet for this matter. • About 35 nos. of female headed HHs are affected who has been buying fish long time at ghat from whole seller and retailing it by moving house to house but presently they have no access to the ghat, resulting livelihood is hampering. • One shopkeeper told that he has a small shop near the EZ connecting road. Before starting the EZ activities he was earned more profit by selling food to the fishermen but day by day decreasing the 15 Location Concerns Replies profit because fishermen are not coming to buy food. Chorshorot, • An effective labour • They are happy that EZ will create new 6 no engagement plan for the EZ employment opportunities for the Ichakhali will be prepared that will unemployed educated people. Hence, union emphasize the engagement of they are expecting that local people will the local labour. get preference to work in the EZ. • BEZA will develop online job • They are worried about acquire the circular for the all EZ as if agricultural land. If agricultural land is anyone can inform. acquired in the village, unemployment will be decreased. They ask that, is there • In the ESMP, all anticipate any possibilities to acquire the impact will identify and their agricultural land or not. consequent mitigation will be formulated and it to be • Buffalo and cow pasture land is being adhere at all stage of project. damaged due to develop the Mirsarai EZ. Some HHs are facing problem those who were rearing buffalo and cow. • All employment should be circulated so that local people can be informed. • Due to construction of EZ, water, air and sound pollution can occur. They request to reduce these problems. • Traffic movement will increase at operation of EZ. Thus, traffic congestion can take place. • This area not yet affected directly. 16 Annex J: Sample Grievance Registration Form Grievance Form : Bangladesh Economic Zones Authority Grievance reference number (to be completed by Project): Contact details Name (s): (may be submitted Address: anonymously) Telephone: Email: How would you prefer to be By mail/post: By phone: By email contacted (check one) � � � Preferred language � Bangla � English Provide details of your grievance. Please describe the problem, who it happened to, when and where it happened, how many times, etc. Describe in as much detail as possible. What is your suggested resolution for the grievance, if you have one? Is there something you would like BEZA or another party/person to do to solve the problem? How have you submitted this Website Email By hand form to the project? � � � In person By telephone Other (specify) � � � Who filled out this form (If not Name and contact details: the person named above)? Signature Name of BEZA official assigned responsibility � Resolved or referred to GRC1? � Referred If referred, date: Resolved Resolved referred to GRC2? � � Referred If referred, date: Resolved 17 Completion Final resolution (briefly describe) Short description Accepted Acknowledgement ? (Y/N) signature 1st proposed solution 2nd proposed solution 3rd proposed solution 18 Annex K: Primary Test Results 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Annex L Framework for Tribal People/Ethnic Minority Development Plan INTRODUCTION This Framework for Tribal Peoples’ Plan (FTPP) is proposed to deal with social safeguard issues and impacts that may arise due to creation of Economic Zone (EZ) under the project, in areas and localities inhabited by tribal peoples, as well as to identify and address their socioeconomic development concerns under the project’s scope of works. The Bangladesh Economic Zones Authority (BEZA) under the Prime Minister’s Office (PMO) is preparing and will implement the project with financial support of the World Bank. In this regard, the project financing policy of the Bank requires the borrowers to assess potential social safeguard issues and impacts in project preparation, and adopt and implement appropriate measures to mitigate them, in compliance with its specified operational policies on social safeguard: ESS7 on Indigenous Peoples. And it is determined that PRIDE has the potential to trigger both ESS, and the provisions adopted in this FTPP are in accord with the ESS&. Although prepared by BEZA with reference to subprojects like EZs it would implement, this FTPP will apply to all potential subprojects under PRIDE, regardless of whichever agencies/authorities implementing them. Applicability of the ESS& on Indigenous Peoples will generally depend on the presence of TPs in the lands proposed for an EZ or a subproject and its impact zones where they might be affected in a manner that could threaten their culture and way of life, including the present livelihood activities. In terms spatial distribution, the largest proportion of the country’s small tribal population lives in the three districts of the Chittagong Hill Tracts (CHT): Bandarban, Rangamati and Khagrachari, which are also heavily populated by mainstream peoples. The rest is dispersed in the plains districts where they generally live in physically separated settlements among the mainstream communities. Impacts on TPs would vary in terms of geographical area; amount of lands required for an EZ site or any other subprojects; need for offsite infrastructures to support the economic activities within the EZ; and most importantly the tenure to the lands they live in and use them in any manner for their livelihood, including access to common property resources. The nature and magnitude of impacts on TPs will be known only after an EZ site is selected on the ground and is screened to identify the actual impacts and consultations are carried out with the TP communities and other relevant stakeholders. Although no EZ has yet been proposed in an area inhabited by TPs, BEZA has nevertheless decided to formally adopt this FTPP to address TP issues and concerns, as and when necessary, and to identify and promote development opportunities for the TP communities in an EZ's influence zone. The proposed FTPP outlines principles, policies, guidelines and the procedure to identify impact issues and potential risks and, if required, formulate and execute Tribal Peoples Plans (TPPs), whenever an EZ and its off-site support infrastructures affect TPs under any interventions financed by the project. T HE PROJECT AND ITS S OCIAL S AFEGUARD IMPLICATIONS The project consists of three components: (a) Technical Assistance (TA) and Capacity Building; (b) Public Investment Facility (PIF) & Offsite Infrastructure Development for EZs; and (c) Grants for Training, Investment in Sustainable Technology and Firm-level Innovation. Of these, the Component (a) will support the institutions that would be responsible for developing the Economic Zones (EZs) and carry out the reforms required to improve the business environment for local and foreign entrepreneurs. The Component (b) will invest in developing off-site infrastructure (last-mile infrastructure), as well as internal infrastructure of public-good nature, for targeted EZs. These investments may include land acquisition, preparation and development; access roads; water supply; 35 sewerage systems; power distribution; rail connections and landings; landings for river transport; etc. The PIF can also fund some on-site investments, such as internal road networks, water and drainage systems, and supporting private investments in common user facilities, such as effluent treatment plants. For developing the EZ sites BEZA would always try to find khas and other unused public lands. But use of private lands cannot be ruled out completely, especially where offsite infrastructures would also be developed to support the economic activities within the EZs. As noted above, BEZA would follow the Resettlement and Social Management Framework (RSMF) where private land acquisition is absolutely required. But when it comes to impacts on TPs, there is an important tenure issue associated with the khas lands. It is likely, especially in the CHT districts, that not all TPs have legal titles to the lands they live in and use them for livelihood purposes. Traditionally, they use the lands under customary tenure administered by traditional institutions. But the Bangladesh land administration system does not recognize customary tenure and, as a result, all such lands are most likely to be recorded as khas under ownership of the Land Ministry or other ministries. It is also possible that there could be other ownership claimants -- more likely to be members of the mainstream communities. BEZA and any other agencies undertaking subprojects like EZs that require large parcels of land would consider the actual situation on the ground and consult the TPs in and around the targeted sites. Irrespective of locations -- inhabited by mainstream or tribal peoples -- provision of infrastructure for EZs and the economic activities therein may as well encourage new entrepreneurs to set up enterprises outside these enclaves. The nearby communities would see an increase in non-local population coming to work in the EZs or to start businesses catering to various demands of the newcomers and live in the vicinities. What would also be expected is an additional demand for local goods and services, including housing. An EZ in a rural setting with the potential developments around it would most likely to have notable urbanizing impacts, all of which may not turn out to be quite positive. The nonlocal workers may bring in customs and habits that were previously unknown to the TPs, and some of them could as well be potential sources conflicts and risks. Intrusion of outsiders into the local communities may pose risks of exposure to various health hazards, including sexually transmitted diseases (STDs), HIV/Aids and the like. On the positive side, the EZs are expected to benefit the TP communities as well as the mainstream peoples. Readymade garments manufacturing, which employs the largest number of low-skilled workers, some 80% of whom are estimated to be women, remains the topmost economic activity in the BEZA's list of priority enterprises. Although there is no data, the garments and other factories in the Export Processing Zones (EPZs) and elsewhere in Chittagong and Dhaka employs a sizable number of female workers who come from the tribal communities from the Chittagong Hill Tracts and the TP communities from the plains districts north-east of Dhaka. As such EZs, depending on their proximity to the districts inhabited by TPs, would create work opportunities that men and women of the TP communities can also avail. 36 Environment & Social Framework for Tribal Peoples: ESS7 This ESS recognizes that Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities have identities and aspirations that are distinct from mainstream groups in national societies and often are disadvantaged by traditional models of development. In many instances, they are among the most economically marginalized and vulnerable segments of the population. Their economic, social, and legal status frequently limits their capacity to defend their rights to, and interests in, land, territories and natural and cultural resources, and may restrict their ability to participate in and benefit from development projects. In many cases, they do not receive equitable access to project benefits, or benefits are not devised or delivered in a form that is culturally appropriate, and they may not always be adequately consulted about the design or implementation of projects that would profoundly affect their lives or communities. This ESS recognizes that the roles of men and women in indigenous cultures are often different from those in the mainstream groups, and that women and children have frequently been marginalized both within their own communities and as a result of external developments, and may have specific need. Objectives • To ensure that the development process fosters full respect for the human rights, dignity, aspirations, identity, culture, and natural resourcebased livelihoods of Indigenous Peoples/ Sub-Saharan African Historically Underserved Traditional Local Communities. • To avoid adverse impacts of projects on Indigenous Peoples/ Sub-Saharan African Historically Underserved Traditional Local Communities, or when avoidance is not possible, to minimize, mitigate and/or compensate for such impacts. • To promote sustainable development benefits and opportunities for Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities in a manner that is accessible, culturally appropriate and inclusive. • To improve project design and promote local support by establishing and maintaining an ongoing relationship based on meaningful consultation with the Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities affected by a project throughout the project’s life cycle. • To obtain the Free, Prior, and Informed Consent (FPIC)3 of affected Indigenous Peoples/ Sub- Saharan African Historically Underserved Traditional Local Communities in the three circumstances described in this ESS. • To recognize, respect and preserve the culture, knowledge, and practices of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities, and to provide them with an opportunity to adapt to changing conditions in a manner and in a timeframe acceptable to them. IMPACT MITIGATION & DEVELOPMENT MEASURES Impacts mitigation related to displacement from lands will be considered in terms of tenure: (i) legal rights to the lands used for living and livelihood, and (ii) customary rights as presently practiced. Pending social screening of actual sites selected for EZs and offsite support infrastructures, it is generally assumed that most TPs living in the plains districts, who live in settlements among the mainstream communities, are likely to have tenure of the first kind. Prevalence of customary tenure, which is administered by traditional TP institutions, is still likely to be the most prominent form of tenure in the CHT districts. Only the TPs living in and around the urbanized district and upazila headquarters are likely to have titles to the lands they use for residential purposes. Yet the lands in 37 the vicinities that many TPs use for agricultural and other forms of productive purposes are most likely to be under customary tenure. Away from the urban centres and more and more into the interiors – all lands that TPs use are under customary tenure. The present Bangladesh Acquisition and Requisition of Immovable Property Ordinance, 1982, does not recognize the customary rights and, as a result, the TPs are not legally entitled to compensation for loss of lands or anything of value, including homesteads (home-lots, houses/structures, etc.). As noted earlier, the lands that are being used under customary tenure are likely to be recorded as khas, meaning public lands under the ownership of Land Ministry or other ministries and departments. Considering general vulnerability of TPs everywhere, BEZA and similar authorities/agencies will select the sites for EZs and similar enclaves according to the following guidelines: • Will not displace TP households from the present homesteads –even if they are located on lands under customary tenure -- and isolate any of them from others who have been living together in the same settlement, in order to protect their social relationships and support networks. This will apply irrespective of wherever they live in the plains or CHT districts and irrespective of tenures under which they use the lands for living. • In cases where the lands are under customary tenure, will try to identify an EZ site on lands that are not under use by TPs. In order to ensure this, BEZA will verify the exact situation on the ground, instead of relying only on district and upazila administration. • To use private and public lands and avoid or minimize adverse impacts on TPs with legal title, BEZA will apply the same guidelines proposed in the Resettlement and Social Management Framework (RSMF) for involuntary resettlement. Eligibility and standards for compensation will also use those proposed in the same framework. • To use lands under customary use, BEZA will work out the impact mitigation measures in close consultations with the TPs, with the provisions that they do not become economically worse- off and their traditional/cultural ways of life remain protected. Choice of appropriate and culturally compatible development measures will largely depend on preferences and priorities of the affected TPs and their communities, as suggested during consultations. Such measures may include providing credits where TPs are found to engage in the production of marketable goods, such as handicrafts, handlooms, small-scale horticulture; employment in construction and maintenance activities; basic water supply and sanitation facilities; and those, such as schools, that could be used by the communities as a whole. If credit programs are found appropriate, BEZA will call upon civil society organizations like NGOs to organize and administer them. OBJECTIVES OF T RIBAL PEOPLES PLANS The primary objective is to ensure that the EZs and other subproject activities undertaken by BEZA or other authorities and funded by the Bank under PSDSP do not adversely affect TPs and that they receive culturally compatible social and economic benefits. This will require BEZA and others to work with the following strategic objectives: • Screen all EZ sites and their vicinities, as well as those of the off-site infrastructures to determine presence of TPs and, if so, ensure their direct participation in site selection, design and implementation of all physical works; • Select the EZ sites and determine the scopes of off-site physical works to avoid or minimize, to the extent feasible, adverse impacts; 38 • Adopt socially and culturally appropriate measures to mitigate the unavoidable adverse impacts, where the TP communities would play the most important role; and • Wherever feasible, adopt special measures – in addition to those for impact mitigation – to reinforce and promote any available opportunities for socioeconomic development of the affected TP communities. T RIBAL PEOPLES PLAN In accordance with the Bank’s requirements, BEZA proposes the following principles, guidelines and procedure to prepare Tribal Peoples Plans, where project activities are found to affect TPs. To avoid or minimize adverse impacts and, at the same time, ensure culturally appropriate benefits, BEZA will apply the following basic principles in EZ site selection, and design and implementation of the support infrastructures. TPP Basic Planning Principles Where TPs are present in the impact zones of any EZ and are likely to be affected, BEZA will: • Ensure that TP communities in general and their organizations are fully included in the selection of particular EZs, and design and implementation of the project activities. • Carefully screen the physical activities inside and outside the EZs, together with TPs, for a preliminary understanding of the nature and magnitude of potential adverse impacts, and explore alternatives to avoid or minimize them. (A Social Safeguard Screening Form is provided in Annex 1) • Where alternatives are infeasible and adverse impacts are unavoidable, immediately make an assessment of the key impact issues, together with TPs and others knowledgeable of TP culture and concerns. • Undertake the necessary tasks to identify the impact details and the most appropriate mitigation measures, through intensive consultations with the affected TP communities, TP organizations, civil society organization like NGOs and CBOs, professionals, and the like. • Not select any site where the TP communities remain unconvinced to offer broad based community support for the EZ (see details below). TP PARTICIPATION AND CONSULTATIONS Participation of TPs in the selection of sites for EZs and off-site support activities, as well as their design and implementation will largely determine the extent to which the TPP objectives would be achieved. Where adverse impacts on TPs are likely, BEZA will undertake free, prior and informed consultations with the affected TP communities and those who work with and/or are knowledgeable of TP development issues and concerns. To facilitate effective participation, BEZA will follow a time-table to consult the would-be affected TP communities at different stages of the project cycle. The primary objectives are to examine whether there is broad community consensus in support of the EZ and to seek community inputs/feedbacks to avoid or minimize the adverse impacts associated with the chosen sites and the offsite support infrastructures for the EZ; identify the impact mitigation measures; and assess and adopt economic opportunities which BEZA could promote to complement the measures required to mitigate the adverse impacts. Consultations will be broadly divided into two parts. Prior to selection of an EZ site in an area predominantly inhabited by TPs, BEZA will consult the TP communities about what are needed for the EZ and the probable positive and negative impacts associated with them. Prior to detailed assessment of the impacts at household and community levels, the main objectives of consultation at this stage would be to ascertain, 39 • How the TP communities in general perceive of the need for establishing the EZ in question and any inputs/feedbacks they might offer for better outcomes; • Whether or not the communities broadly support the works proposed for the EZ; and • Any conditions based which the TP communities may have provided broad-based support to the EZ, which are to be addressed in the TPP and design of the off-site physical works. To ensure free, prior and informed consultation, BEZA will: • Ensure widespread participation of TP communities with adequate gender and generational representation; customary/traditional TP organizations; community elders/leaders; and civil society organizations like NGOs and CBOs; and groups knowledgeable of TP development issues and concerns. • Provide them with all relevant information about the EZ and off-site works, including that on potential adverse impacts, and organize and conduct these consultations in a manner to ensure full coverage of TPs in the EZ locales and free expression of their views and preferences. • Document and share with the World Bank the details of all community consultation meetings, with TP perceptions of the proposed works and the associated impacts, especially the adverse ones; any inputs/feedbacks offered by TPs; and the minutes stating the conditions that may have been agreed during the consultations and provided the basis for broad-based community support for the EZ and its support infrastructures. Once a broad-based community consensus is established in favor of the EZ, BEZA will assess the impact details at the household and community levels, with particular focus on the adverse impacts perceived by the TPs and the probable (and feasible) mitigation and community development measures. To ensure continuing informed participation and more focused discussions, BEZA will provide TPs with the impact details -- both positive and adverse -- of the proposed EZ site and those of its off-site support activities. Other than those that are technical in nature, consultations will cover topics/areas suggested under paragraph Beginning with those for broad-based support for the project, community consultations will continue throughout the preparation and implementation period, with increasing focus on the households which would be directly affected. CONTENTS OF T RIBAL PEOPLES PLAN The TPP will primarily aim at mitigating adverse impacts, and reinforcing and promoting any existing development opportunities in the general area of the EZ, with particular emphasis on the TPs who would be directly affected. The contents of the TPP will generally consist of the following: • Baseline data and impacts, including analysis of cultural characteristics; social structure and economic activities; land tenure; customary and other rights to the use of natural resources; relationship with the local mainstream peoples; and other factors that have been suggested by IPs during consultations and are to be addressed in the TPP and EZ location and design. (Key areas of investigation are also suggested below.) • Strategy for local consultation, indicating timing of consultation and the participants, such as affected TP communities, TP organizations, and individuals and entities that could provide useful feedbacks and inputs. • Mitigation measures and activities, which will generally follow TP preferences and priorities, including those agreed between the TP communities/TP organizations and BEZA. • Institutional capacity, taking into account BEZA’s staff experience, consulting services, and TP and civil society organizations in designing and implementing TPPs. 40 • TPP implementation schedule, taking into consideration minimizing disruption to the livelihood and other activities of TPs. • Monitoring and evaluation, with participation of TP representatives and organizations, as well as other civil society organizations that may have been operating in these areas. • An M&E scheme along with monitoring indicators relevant to the TPP • Grievance Redress Mechanism customized for TPs, taking into account any traditional conflict resolution arrangements that may have been in practice in the area where a health care facility is being built. • Financing the TPP. Budgets and sources of funds needed to implement the mitigation measures and development activities that may have been agreed between the TPs and BEZA. TP S OCIOECONOMIC C HARACTERISTICS & C ONCERNS Baseline data and identification of social concerns will primarily focus on the cultural and socioeconomic characteristics of TPs and the potential vulnerability that might be caused by the proposed EZ and its off-site support infrastructures. Data on the following socioeconomic characteristics are expected to indicate the nature and scale of adverse impacts and provide the essential inputs for TPP. Social & Cultural Characteristics • Relationships with areas where they live -- relating to religious/cultural affinity with the ancestral lands, existence and use of livelihood opportunities, etc. • Use of any tribal languages for social interactions and their use in reading materials and for instruction in formal/non-formal educational institutions in TP localities. • Food habits/varieties that may differ from mainstream peoples and the extent to which they are naturally available for free or can only be grown in the TP territories, and which are considered important sources of protein and other health needs of TPs. • Interactions and relationships with other tribal peoples’ groups in the same and other areas. • Presence of customary social and political organizations – characteristics indicating internal organization and cohesion of the communities, and their interaction with those of the mainstream population in these areas. • Presence of TP organizations, like community-based organizations (CBOs)/NGOs, working with TP development issues, and their relationships with mainstream organizations engaged in community development activities. • Other cultural aspects likely to be affected or made vulnerable by the proposed EZ and its supportive infrastructures. Settlement Pattern/Organization • Physical organization of homesteads – indicating organizational patterns with the existing community facilities, such as schools, places of worship, cremation/burial grounds and others, water supply and sanitation, etc. • The extent to which the tribal settlements/neighbourhoods are spatially separated from those of the mainstream peoples, indicating interactions and mutual tolerance of each other. • Present distance between the TP settlements/neighbourhoods and the selected sites for the EZ and its supportive infrastructures. Economic Characteristics • Prevailing land tenure -- indicating legal ownership and other arrangements that allow them to reside in and cultivate or otherwise use lands in the selected EZ site and the general area. 41 • Access to natural resources -- prevailing conditions under which TPs may have been using natural resources like forests, water bodies, and others that are considered important sources of livelihood. • Occupational structure -- indicating relative importance of the households’ present economic activities, and the extent to which they might be affected or benefited because of the proposed EZ. • Level of market participation -- engagement in activities that produce marketable goods and services, and how and to what extent market participation would be affected or enhanced by the EZ activities. PUBLIC DISCLOSURE OF FTPP The FTPP and all mitigation plans will be subjected to World Bank review and clearance prior to public disclosure. After receipt of the Bank clearance, BEZA will disclose the FTPP in local language, to the public in Bangladesh, and authorize the World Bank to disclose it at its Country Office Information Center and Infoshop. BEZA will ensure that copies of the translated document are available at its headquarters and offices at project sites, concerned government offices in the project districts, and other places accessible to the TPs. BEZA will also post the entire FTPP and its translation in its website, and inform the public through notification in two national newspapers (Bangla and English) about where they could be accessed for review and comments. 42 Annex M: Outline of Environmental Compliance Monitoring Plan What Where How When Why Responsibility parameter is is the is the is the parameter is the to be parameter parameter to be parameter Implementatio Monitoring monitored? to be to be monitored to be n monitored? monitored? (frequency monitored? of measurement)? 43 Annex N: Physical Cultural Resources Management Framework 1. Introduction It is important to adopt a precautionary approach to ensure that project activities do not affect important Physical Cultural Resources (PCRs). Hence, the provision of methodology for screening sites and incorporation of mitigation measures in ESMF are deemed important. In addition, it is possible that additional PCRs (chance finds) may be encountered during site clearance or excavation activities associated with the construction of small structures. At the project level, hence it is important to develop a PCR Management Plan (PCRMP) that identifies what measures shall be taken to protect these cultural resources, based on the framework provided in this section. The plan should also address measures to monitor downstream erosion of physical cultural sites and implement measures to protect these sites. Chance Find Procedures, which identify the measures be taken in the event that PCRs are encountered, are also outlined here. 2. Applicable policies Various National and State level policies/laws and rules are applicable for heritage preservation. In addition, international guidance and world Bank operational policy on PCRs are applicable here. National Policies Antiquities Act, 1968 This Act provides the modes of protection and preservation of things, which are part of national history and heritage. Article 24 states that if the Government is of the opinion that for the purpose of protecting or preserving any immovable antiquity it is necessary so to do, it may, by notification in the official Gazette, prohibit or restrict, within such area as may be specified therein, mining, quarrying, excavating, blasting and other operations of a like nature, or the movement of heavy vehicles, except under and in accordance with the terms of a license granted and rules, if any, made in this behalf. World Bank Environmental & Social Framework ESS 8 recognizes that cultural heritage provides continuity in tangible and intangible forms between the past, present and future. People identify with cultural heritage as a reflection and expression of their constantly evolving values, beliefs, knowledge and traditions. Cultural heritage, in its many manifestations, is important as a source of valuable scientific and historical information, as an economic and social asset for development, and as an integral part of people’s cultural identity and practice. ESS 8 sets out measures designed to protect cultural heritage throughout the project life- cycle. This ESS sets out general provisions on risks and impacts to cultural heritage from project activities. ESS 7 sets out additional requirements for cultural heritage in the context of Indigenous Peoples. ESS 6 recognizes the social and cultural values of biodiversity. Provisions on Stakeholder Engagement and Information Disclosure are set out in ESS 10. Objectives • To protect cultural heritage from the adverse impacts of project activities and support its preservation. • To address cultural heritage as an integral aspect of sustainable development. • To promote meaningful consultation with stakeholders regarding cultural heritage. • To promote the equitable sharing of benefits from the use of cultural heritage. 44 3. Project Activities Impacts and Mitigation measures There is no cultural heritage site within the proposed project area. Some of the associated activities may affect locally or regionally important PCRs and may affect the cultural spirit of the communities. This ESMF includes the screening framework, process to prepare PCRMP and guidance of key impacts and mitigation measures to be considered while finalizing the interventions at each location. At the project preparation stage, it is important to prepare an inventory of PCRs and prepare the PCRMP in case project screening identifies such possibilities. The methodology to prepare the PCRMP is provided in the following section. This ESMF also includes procedures to handle chance finds. 4. Physical Cultural Resources Management Plan The objective of the Physical Cultural Resources Management Plan (PCRMP) is to prevent any inadvertent loss of physical and cultural resources during project construction and operation. The development of a PCRMP is to be made an integral part of the Environmental & Social Impact Assessment process. Typically, the plan includes measures for avoiding or mitigating any adverse impacts on physical cultural resources, provisions for the management of chance finds, any necessary measures for strengthening institutional capacity, a monitoring system to track progress of these activities, and takes into account the country’s overall policy framework, national legislation and institutional capabilities in regard to physical cultural resources. The proposed monitoring system should cover the expected impacts, and the implementation of the mitigating measures recommended in the ESA report, as well as impacts that were not included in the impact assessment, possibly because it was thought that such PCR would not be affected. In the case of a major subproject in a culturally sensitive area, which requires substantial archaeological investigations during project implementation, consideration should be given to instituting a program of independent monitoring and review. Whenever it is considered possible for project-related activities to encounter archaeological or paleontological sites or artefacts, the contractors should be required to follow procedures outlined by the World Bank regarding chance finds. Project Screening 1. Project activities in close proximity (200m radius) of the listed archaeological sites or important monuments shall not be permitted 2. For all other PCRs, culturally important tangible or intangible assets, PCRMP shall be prepared and mitigation hierarchy to be followed. The PCRMP can constitute either (i) a section of the Environmental and Social Management Plan or (ii) may be part of the recommendations of future ESAs PCR component of the ESA shall include (a) an investigation and inventory of PCRs likely to be affected by the project; (b) documentation of the significance of such PCRs; and (c) assessment of the nature and extent of potential impacts on these resources. The Management Plan should clearly: • Schedule the implementation of the proposed PCR mitigating measures and PCR monitoring, if any, taking into account the weather pattern, and identify roles and responsibilities for such implementation; 45 • Identify procedures for handling chance finds, including the role and responsibilities of the cultural authorities and the contractor; • Identify procedures for addressing PCR impacts that may occur during implementation but were not predicted in the impact assessment. 5. Sections of the PCRMP 5.1 Applicable Policy, Legal and Regulatory Framework This section should contain a reference to the following, including identification of any implications for the PCR component of EA, such as special standards or requirements: • The World Bank’s Environmental & Social Framework, ESS8; • Sections of national EA laws, regulations and guidelines relating to PCR; • Sections of the national environmental conservation strategy, if any, relating to PCR; • National, local legislation and regulations relating to: Antiquities, including sale and export; • Procedures for addressing chance finds, in terms of ownership and requirements by the contractor and cultural authorities; • Archaeology, including the issue of permits; • Relevant authorities charged with PCR identification, protection and management, their powers, the legal basis for their authority, and their actual capacity; • PCR-related conventions and treaties to which India is signatory; • Any national or provincial registers of PCR maintained by accredited authorities in Bangladesh. 5.2 Baseline Data It is important to understand the baseline PCRs in the region and specifically the ear marked sites, while preparing the project specific Environmental Assessment. The Terms of Reference (TORs) for PCRMP or ESA / ESIA shall propose spatial and temporal boundaries for the on-site collection of baseline data on PCRs potentially affected by the project, and specify the types of expertise required for the PCR component of the ESA. The ESA baseline data should include an investigation and inventory of physical cultural resources likely to be affected by the project. The data should consider all types of PCR that might be impacted, covering: a. Living-culture PCR, as well as historical, archaeological and paleontological PCR; b. Natural and human-made PCR; c. Movable and immovable PCR; d. Unknown or invisible PCR. The baseline data section should include maps showing PCR baseline data within the potential impact areas. Since many local PCRs are not documented, or protected by law, consultation is an important means of identifying such resources, documenting their presence and significance, assessing potential impacts, and exploring mitigation options. The data collection activity should involve consultations with concerned authorities, potentially affected communities and non- governmental organisations. Potential data sources might include cultural authorities, national or provincial PCR registers, universities and colleges, public and private PCR-related institutions, religious bodies and local PCR NGOs. Sources at the community level typically include, for example, community leaders and individuals, schools, religious leaders, scholars, PCR specialists, and local historians. In addition, the ESA should detail the cultural significance or value attributed by the concerned or affected parties to the PCR identified in the baseline. This will normally not be expressed in 46 monetary terms, but rather should explain the nature of the cultural significance, for example, whether it is religious, ethnographic, historic, or archaeological. In the case of PCR of archaeological, architectural, paleontological or other scholarly or scientific value, the ESA should provide an assessment of the relative importance of the PCR in this regard locally, nationally and/or internationally. 5.3 Component Planning and Design based on Analysis of Alternatives A detailed description of the project components, supported by location / layout / site maps, construction plans and operation details of each activity and development proposed is essential to evaluate the impacts. It should describe the activities associated with pre-construction, construction and operation phases including material sourcing and staking, transport, labour, work scheduling and impacts on nearby PCRs due to each activity. Selection of alternate locations designs or arrangements shall be considered in case any PCR related issues are identified. Alternatives shall aim at avoiding or minimizing the impacts on PCRs. 5.4 Impact Assessment The ESA should specifically describe the nature and extent of the potential impacts. The PCR components of the ESA must align with any PCR-related social impacts, to ensure that elements of living culture are not overlooked in the assessment stage. The impact assessment should also consider the possibility of accidents during construction/rehabilitation and operations which might affect PCR, which might call for special precautionary measures and emergency responses. 5.5 Capacity Assessment The ESA should assess the borrower’s capacity for implementing the proposed mitigating measures and managing chance finds, and where appropriate, recommend capacity building measures. Capacity to implement the Plan, particularly to identify and manage PCR related impacts, on-site training, institutional strengthening, inter- institutional collaboration, and rapid-response capacity for handling chance finds shall be augmented if found necessary. 5.6 Mitigation Measures It is particularly important that consultations with concerned and affected parties are conducted on the proposed mitigation measures relating to PCR impacts. Agreements must be reached, and evidence of such agreements should be included in the ESA. The following mitigation measure are essential: (i) Avoidance or mitigation of identified adverse impacts; (ii) Provisions for chance finds; (iii) Measures for strengthening institutional capacity; and (iv) Monitoring systems to track the progress of these activities. The ESA process should check whether the recommended mitigation measures might themselves have environmental impacts (e.g. paved access roads). The cost implications of implementing proposed mitigation measures shall be included in the costing table and finally in the bid documents. Sample Guiding Table on possible activities, resultant negative externalities on PCRs and mitigation measures are provided below. These impacts shall be considered (but not limited to) while preparing the detailed mitigation plan. 47 Table 2: Guidance on Possible Impacts on PCRs and Mitigation Measures Stage Activity Impact Mitigation Measures Design Stage Layout of Physical, Cultural • PCR Inventorization and Consultation with structures/a disturbances to PCRs Community and official stakeholders (including local ctivities in due to siting activities bodies) during EA proximity to near or upstream • Prepare alternate design to avoid siting of structures PCR /activities near PCR • Prepare designs appropriate to nearby PCRs: (b) Prescribe the position, height, size, design, materials, color and screening and otherwise regulate the external appearance of structures and other works above ground within the controlled area • Prepare mitigation measures in case unavoidable and consult and agree with the community and all relevant authorities Pre- Site Physical and Cultural • Follow proper stacking of cleared material in areas Construction Clearance impacts of cleared away from PCR and ensure site housekeeping Phase material strewn around PCRs Dust pollution due to • Transport cleared material from site to designated removal of cleared treatment/disposal points through routes which are material from site well surfaced and away from PCRs Chance Find of idols, • Site examination with user group/communities prior histo-culturally to initiating pre-construction activities important property • Chance find procedures to be followed Disturbances due to • Labour and activity scheduling near PCRs to follow culturally inappropriate timelines and other aspects in consonance with any labour and activity local beliefs/nuances scheduling near PCRs Disturbance to trees or • Barricades and instructions to avoid disturbance to important vegetation key / peripheral trees and vegetation. • Reforestation (at 4 times rate) in case of disturbance to vegetation in nearby areas outside the control area of PCR Transport Stacking of tools and • Minimal stacking of materials and stacking material around PCRs • Follow proper stacking in areas away from PCR, and of materials ensure site housekeeping and Tools Dust pollution due to • Transport material to site through routes which are transport of material to well surfaced and away from PCRs site Construction Minimal Chance Find of histo- • Site examination with user group/communities prior Phase excavation culturally important to initiating construction activities for property (idols, • Chance find procedures to be followed construction structures, potteries, • Barricading the area, watch and vigil till authorities or expansion stone tools, fossils and are notified and taken charge of ponds, bones etc) • Photo documentation if allowed and directed by and other authorities small Structural and cultural • Plan to minimize disturbances in consultation with structures or disturbances to PCRs communities and authorities material due to construction • Repairs, provision of retaining walls and other activities supports sourcing Disturbances due to • Labour and activity scheduling near PCRs to follow culturally inappropriate timelines and other aspects in consonance with any 48 Stage Activity Impact Mitigation Measures (borrow / labour and activity • local beliefs/nuances quarry sites) scheduling near PCRs Erosion and slippage • Adopting indigenous knowledge to prevent erosion affecting downstream and slippage PCRs • Protective measures like fencing / barricading of downstream PCRs Impacts on downstream • Maintaining downstream ecological flow while water-based culturally constructing upstream important activities due to construction upstream Transport Physical and Cultural • Follow proper stacking of wastes in areas away from and stacking impacts of construction PCR and disposal at agreed points as per time chart, and Demolition waste and ensure site housekeeping material strewn around PCRs Dust pollution due to • Transport material to sites and wastes to designated transport of material to treatment / disposal points through routes which site and wastes from site are well surfaced and away from PCRs Community Impacts on communities • Scheduling of activities in consultation with health and during PCR related communities safety religious / cultural • Preference to local community work force activities due to noise • Facilities (sanitary, stay) to labourers away from levels, poor site PCRs housekeeping and • Training to labourers to minimize impacts on PCRs activity management, and dependent communities labour • Barricades around construction sites, display of warning boards, reflectors, etc. for safety influx • Proper work close out strategy and its execution Accidents affecting PCRs • Prepare and execute Emergency Response Plan and during construction (for train communities, authorities eg: erosion affecting PCRs due to breakage of bunds) Operation Minimal site Chance Find of idols, • Chance find procedures to be followed Phase clearance or histo-culturally excavations important property for during routine maintenanc maintenance of e or operations operations Operation of Upstream downstream • Community – authority reporting and supervision small water impacts mechanism ponding structures and water storage facilities Storage and Storage of fertilizers, • Storage facilities away from PCRs, Proper transport Stacking equipment / tools and disposal away from PCRs 49 Stage Activity Impact Mitigation Measures Accidents Accidents affecting PCRs • Prepare and execute Emergency Response Plan and and during operations [such train communities, authorities emergencies as erosion affecting PCRs due to breakage of bunds constructed under the project] All necessary and adequate care shall be taken to minimize impact on cultural properties (which includes cultural sites and remains, places of worship including temples, mosques, churches and shrines, etc., graveyards, monuments and any other important structures as identified during design and all properties/sites/remains notified under the Ancient Sites and Remains Act. No work shall spill-over to these properties, premises and precincts. All utilities and common property resources likely to be affected due to the project will be relocated with prior approval of the concerned agencies before start of construction. Similarly, cultural properties whose structure is likely to get affected will be relocated at suitable locations, as desired by the community before construction starts. Local community need to be contacted and discuss relocation aspects, siting as well as their maintenance. 5.7 Chance Find Procedures Chance Finds Procedure to guide the management of any accidental discoveries of histo-cultural resources while implementing the project is presented here. All fossils, coins, articles of value of antiquity, structures and other remains or things of geological or archaeological interest discovered on the site shall be the property of the Government and shall be dealt with as per provisions of the relevant legislation. The contractor will take reasonable precautions to prevent his workmen or any other persons from removing and damaging any such article or thing. He will, immediately upon discovery thereof and before removal acquaint the Engineer (Officer in Charge of the site) of such discovery and carry out the Engineer’s instructions for dealing with the same, waiting which all work shall be stopped. The Engineer will seek direction from the Department of Archaeology (Bangladesh) before instructing the Contractor to recommence the work on the site. If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: • Stop the construction activities in the area of the chance find; • Delineate the discovered site or area; • Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a nightguard shall be arranged until the responsible local authorities or the designated authority of the Department of Archaeology (Bangladesh) take over; • Notify the Project Environmental Officer who in turn will notify (in writing) the responsible local authorities and the designated authority of the Department of Archaeology (Bangladesh) immediately (within 24 hours or less); • Responsible local authorities and the designated authority of the Ministry of Culture would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the Department of Archaeology (Bangladesh). The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; 50 • Decisions on how to handle the finding shall be taken by the responsible authorities and designated authority of the Department of Archaeology (Bangladesh). This could include changes in the layout (such as when finding an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage; • Responsible authorities may also communicate to the project in-charge or Environmental Officer the emergency handling measures to collect and preserve certain PCRs even before they arrive at the location to plan a detailed preservation mechanism. (Eg: This may include directions to collect potteries / stone tools / fossils in cloth bags bearing the provenance of the find and its exact location, depth and the total area to which it is evidenced or to collect bones and organic materials collected by the help of a spoon / spool in steel and kept covered in aluminium foil; avoiding direct body contact; or as appropriate) • Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; • Construction works could resume only after permission is granted from the responsible local authorities or the designated authority of the Department of Archaeology (Bangladesh) concerning safeguard of the heritage; • These procedures must be referred to as standard provisions in construction contracts, when applicable. During project supervision, the Site Engineer shall monitor the above regulations relating to the treatment of any chance find encountered are observed. 5.8 Timing/Schedule The PCRMP shall be in place two months prior to the onset of site construction works for the main project site. 5.9 Responsibility • For the construction phase: The Construction Contractor shall coordinate the preparation and implementation of the PCRMP for review by the SPMU and the designated authority of the Ministry of Culture. • For operation phase: The NPMU through SPMU shall coordinate the updation of the PCRMP for the operation phase and implementation of the PCRMP for review by the designated authority of the Ministry of Culture. • For chance finds, Construction Monitoring Plan shall incorporate a provision to monitor excavation sites, borrow sites and construction sites for accidental discovery of culturally significant artefacts or sites daily. 5.10 Disclosure Disclosure depends on whether the findings of the PCR component of the ESA would jeopardize the safety or integrity of any of the PCRs involved or could endanger the source of information regarding the PCRs. In such cases, sensitive information relating to these particular aspects, such as the precise location or value of a PCR, may be omitted from the ESA report. 51 Annex O: Table of Content of Resettlement Plan (Resettlement Action Plan) 1) Description of the project 2) Potential impacts Identification 3) Objectives 4) Census survey and baseline socioeconomic studies 5) Legal framework 6) Institutional framework 7) Eligibility 8) Valuation of and compensation for losses 9) Community participation Involvement of displaced persons 10) Implementation schedule 11) Costs and budget 12) Grievance redress mechanism 13) Monitoring and evaluation 14) Arrangements for adaptive management 15) Additional planning requirements are needed where resettlement involves: Physical displacement: Transitional assistance; Site selection, site preparation, and relocation; Housing, infrastructure, and social services; Environmental protection and management; Consultation on relocation arrangements; Integration with host populations Economic displacement: Direct land replacement; Loss of access to land or resources; Support for alternative livelihoods; Consideration of economic development opportunities; Transitional support. Contents of Abbreviated Resettlement Plan (ARP) • Documentation of the private and khas/public lands required for the EZ and the related works, affected persons, and valuation of the affected assets; • Description of compensation and other resettlement assistance that will be provided according to the principles and guidelines adopted in this RSMF; • An account of consultations with the displaced persons/households for agreement on mitigation measures; • An institutional mechanism including GRM, disclosure, M&E, etc. • A resettlement budget with breakdowns by loss categories and the number of persons entitled to compensation/assistance; and • An ARP implementation schedule, coordinated with the civil works schedule. 52 Annex P: Resettlement Policy Framework 1 Project Resettlement Policy 1.1 Project’s Social Management and Resettlement Policy Since ARIPA, 2017 falls short of the requirements of the WB safeguard policies, the project has been developed following the ARIPA, 2017 and in compliance with the WB’s social safeguard requirements including ESS5. The ARIPA, 2017 will be the instrument to legalize land acquisition for the project, and the WB ESS5 will be the basis to implement impact mitigation measures. The project resettlement policy has also been benefited from the experience in the resettlement of similar other projects within BEZA and other infrastructure agencies of the GoB. 1.2 Policy Principles BEZA will undertake land acquisition process ahead of the award of civil works contracts to facilitate DCs to complete land acquisition for respective substations before the start of civil works construction. BEZA will prepare land acquisition plans (LAPs) for the same and submit to concerned DC office for processing with prior consultation with the land owners. In case of delay of land acquisition, an informal agreement is supposed to be documented with the potential land owners that civil works construction will continue pending compensation payment but compensation will be paid to all legal owners without dispute on titles within sixmonths of signing the agreement. Compensation funds will be placed with the DCs for payment and the payment process will be coordinated to ensure timely disbursement to the land owners. Crops and trees owners will be eligible for compensation and benefits for the affected trees and crops as per ARIPA 2017. In addition to the above, BEZA will use the following principles to minimize adverse impacts on affected persons and their community: • Avoid or minimize acquisition of private lands and use as much public land as possible; • Avoid or minimize displacement of people from homesteads, land valued higher in terms of productivity and uses, buildings/structures that are used for permanent business and/or commercial activities, dislocation of squatters/encroachers; and impacts on community facilities, such as educational institutions, places of worship, cemeteries, etc., and buildings/structures that are socially and historically important. • Where the portion of a plot remaining after acquisition for substations becomes economically unviable, the landowner will have the option to offer the entire plot for acquisition. • Avoid or minimize adverse impacts on Indigenous Peoples. 1.2.1 Impact Mitigation Principles Where adverse impacts are found unavoidable, BEZA will plan to mitigate them in accordance with the following principles: 1. Compensation for acquired land will be paid at replacement cost ahead of civil construction is started. 2. Compensation and other benefits for the affected trees and crops will be assessed at current market price and paid directly by BEZA with assistance from RAP Implementing Agency. 53 3. The absence of legal titles in cases of public land users will not be considered a bar to resettlement and rehabilitation assistance, especially for the socio-economically vulnerable groups. 4. Vulnerability, in terms of socio-economic characteristics of the PAPs/ households, will be identified and mitigated according to the provisions in the RAP. 5. Crops owners will be allowed to harvest the crops if it is near or at harvesting stage. 6. Trees owners will be allowed to fell and take away the trees free of cost. 7. BEZA will undertake the following measures in consultation with the concerned communities and design supervision consultant: • Plan and implement the construction works in a manner to avoid/minimize inconvenience and disruption to the embankment/road users, and to business/trading activities where applicable. • Ensure payment of benefits to the sharecroppersand lessees of land if they are even socially recognized 8. Where the project activities cause community-wide impacts affecting community facilities, access to common property resources, etc., BEZA will rebuild them with project finance or provide alternatives in consultation with the user communities. 1.2.2 Eligibility of Cut-Off Dates Eligibility to receive compensation and resettlement assistance will be limited by cut-off date (COD). The cut-off date for CUL is considered for those identified on the project location/ right of way land proposed for acquisition at the time of service of notice under section 4 or joint verification by DCs whichever is earlier (legal COD). The commencement date of the census and IOL survey will be considered as “cut-off� date for eligibility for any non-titled persons such as squatters/encroachers or other informal settlers living in the project right of way or similar designated date by BEZA (social COD). Any persons moving into the project area after the cut-off dates will not be entitled to have compensation by DCs or any assistance from BEZA. However, any displaced persons (PAPs) not covered in the enumerations before the CODs can be enlisted with sufficient proof and approval from the GRCs. In case, land acquisition and RAP implementation delays more than a year, BEZA will adopt revised CODs for the applicable substations. 1.3 Eligibility for Compensation and Assistance Regardless of their tenure status to the lands used for an EZ and its off-site support infrastructures, the affected persons/households will be eligible for compensation and assistance. Pending further investigations on any other impacts and impacted persons for individual EZs and off- site works, BEZA will mitigate impacts on the following: • Private Landowners. Persons who have legal rights to the acquired lands and other assets, such as houses/structures, trees, etc., built and grown on them. • All Non-titled Persons. Socioeconomically vulnerable persons/households who do not have legal rights to the affected lands, but use them for residential, commercial and livelihood purposes. • Owners of Displaced Businesses. Compensation for income loss from businesses that are (a) displaced from private lands and khas/public lands; and (b) required to temporarily close 54 down during construction period. In both cases, compensation / assistance will apply to the actual owners of the affected businesses. • Employees of Affected Businesses -- who are employed in the above two types of affected businesses for at least six months up to the cut-off dates on which censuses are taken. (If such an employee quits before the business is required to move or stop operation, he/she will no more be eligible for compensation/assistance.) • Rental Income Earners, from built premises situated on private lands. (Those who earn rental income by erecting buildings/structures on khas and other public lands will not be eligible for compensation/assistance.) • Vested and Non-resident Property Owners/Users. Current users of the acquired lands and other properties designated ‘vested and non-resident properties’ during acquisition for the individual EZs. • Leaseholders. Owners of affected business, agricultural, fisheries and other activities on formally leased-in khas or other public lands, where leases stipulate compensatory conditions if the lands are taken back or acquired before lease expiration. • Community and Groups. Where local communities and groups are likely to lose income earning opportunities or access to crucial common property resources used for livelihood purposes. 1.3.1 Compensation Principles and Standards BEZA will use the following principles and standards to determine compensation and assistance for persons / households in different loss/impact categories. Acquired Lands and Other Assets • Replacement costs for an equal amount of land of same use and quality, including the registration costs and stamp duties. • Replacement costs of houses/structures and other immovable built items (e.g., sanitation, drainage, etc.) at the current market prices of same building materials, plus the current costs of labour to build them. • Current market prices of trees and other assets which are irreplaceable. • If the acquired lands are agricultural and amount to 20% or more of the total productive area, a transition allowance at three times the value of the crops produced in one year in the acquired portion of land. Homestead Loss • Relocation assistance for households displaced from private homesteads either in lands they can personally arrange to buy, or in those arranged by BEZA. • Relocation assistance for socioeconomically vulnerable households displaced from the khas and other public lands, in public lands arranged by BEZA. • Provision of pre-acquisition level basic utilities, such as water supply, sanitation, electricity, etc. 55 Loss of Business, Employment and Rental Income Temporarily Closed Businesses: Where business activities come to a complete closure during construction, the owners will be paid for income loss at rates based on average daily net income for a period needed to re-open the individual businesses, or for the duration of the civil works. Partially Affected Businesses: Where business premises are partially dismantled and the remainders are structurally safe and useable, compensation, calculated as above, for smaller of the number of days needed to repair and reopen the individual businesses, or complete the civil works. Businesses Completely Displaced from Private Premises: • Relocation in public lands, plus compensation, calculated as above, for a period of 30 days; or • Compensation, calculated as above, for the number of days the business owners need to find alternative locations themselves, for a maximum of 90 days. Loss of Employment Income from Displaced & Temporarily Closed Businesses: Persons who have been continuously employed by the displaced and temporarily closed businesses for at least six months up to the day of PAP census ( cut-off date), will be compensated for the period until their employers restart their operations, or for a maximum of 30 days. The daily rates will be based on their monthly salary paid by the employers. Loss of Income from Rented-out Private Premises: Six months’ rent at the current rates for loss of rental income from premises affected on private lands. Vested and Non-Resident Properties Lands and other properties that have not been declared ‘vested and non-resident’ (previously ‘enemy properties’ under the Enemy Properties Act of 1965)6 through 1984, and are found to be ‘vested and non-resident’ during acquisition for any EZ and its off-site support infrastructures under PSDSP, the following guidelines will apply: • Agricultural lands: Present users/owners will qualify for compensation two times the value of all crops grown on the acquired portion in a year. • Acquired business premises: For temporarily closed and partially affected businesses, the same measures as proposed for such impacts in the preceding paragraph will apply. • For premises that are to be dismantled completely: Relocation in public land in the same general area, plus compensation based on daily net income for a period needed to reopen the individual businesses, for a maximum of 30 days, or • Compensation, calculated as above, for the number of days the business owners need to find alternative locations themselves, for a maximum of 90 days Loss of Income from Rented-out Premises: Three months’ rent at the current rates for loss of rental income from premises affected on VNR lands. • Acquired homesteads (including houses/structures): BEZA will make alternative arrangements in consultation with the present users/owners. • Where acquisitions partially affect lands and other properties, the present owners/users will be allowed to use the remainders. 56 Unforeseen Impacts BEZA will adopt and implement policies, in consultation with the affected persons/ stakeholders and the Bank, to mitigate any adverse impacts that are unique to a particular EZ and may have so far remained unknown, and not covered in this RSMF. COMPENSATION PAYMENT In cases of acquisition, a part of the compensation for lands and other affected assets built or grown thereon will be assessed and paid to the title holding PAPs by the Deputy. These properties have been left behind by the people of minority communities who migrated to India and other countries since the independence and partition of India in 1947. An investigation through 1984 designated some of such properties as ‘vested and non-resident (VNR)’. There still remains an unknown amount of such properties, which are used by people claiming to be legal heirs of the original owners. If the legal documents possessed by the present users are found unsatisfactory during acquisition for PSDSP, DCs would declare them VNR and disqualify them for the compensation-under-the-law. The law is known to be controversial and has been widely abused by the influential people. BEZA will however implement the proposed mitigation measures on the ground that without the EZs the current users would still be using these properties Commissioners (DCs), the heads of the Acquiring Bodies. If this payment, ‘compensation- under-law’ (CUL), is found smaller than their replacement costs and/or market prices, BEZA will directly pay the difference or ‘top-up’ to make up for the shortfall. With or without acquisition compensations/assistance due to all other PAPs, such as non-titled persons, business owners and employees and those, who are not covered by the acquisition ordinance, but eligible according to this RSMF, will also be directly paid by BEZA. Top-up Determination and Payment: Where an owner loses lands and other assets in more than one mouza or land administration unit, the person will be counted once, and his/her top-up will be paid together. The amount of top-up due to the affected person will be determined by comparing the total amount of CUL paid by the DCs for lands and other assets acquired in all mouzas with the total replacement costs and/or market prices thereof. Compensation/entitlement due to the PAPs, including those who are not covered by the acquisition ordinance, but eligible according to this RSMF, will be paid in full before they are evicted from the acquired private and khas/other public lands. Based on the principles proposed for impact mitigation, the following matrix defines the specific entitlements for different types of losses, entitled persons, and the institutional responsibility to implement them 1.3.2 Entitlement M atrix 1. LOSS OF LANDS (AGRICULTURAL, HOMESTEAD, COMMERCIAL & OTHERS) Ownership Entitled Person Entitlement Responsibility Type Private Legal Owners, as Compensation-under-law (CUL) or CUL paid by determined by DCs, or replacement costs, whichever is greater. DC by courts in cases If applicable (subject to paragraph 18) of legal disputes 57 Ownership Entitled Person Entitlement Responsibility Type Top-up equal to the difference between Top-up & TA CUL paid by and replacement costs. Project Transition allowance (TA) for income loss (see Loss Category 5 below). Khas & Leaseholders Contractual obligations with the public Paid by DC Other agencies, as determined by DCs, and / or and/or Public Contractual obligations with other GOB Project Lands agencies. Under Lease. Vested Current Transition allowance for income loss (see Paid by Non- Owners/Users Loss Project Resident Category 5). 2. LOSS OF HOMESTEAD LANDS Location Entitled Person Entitlement Responsibility Homesteads Legal Owners, as In addition to CUL & applicable top-up By Project on Private determined by DC, or (as for Loss of Lands above): Lands by courts in cases of • Assistance to move and rebuild the legal disputes houses in the same homesteads, in cases of partial acquisitions • Relocation assistance, including land development, where PAPs choose to relocate on their own, or developed plots if they choose to relocate in public lands to be arranged by BEZA, where acquisitions require relocation elsewhere. • Provision of pre-acquisition level basic utilities • (water supply, sanitation, electricity, etc.). Homesteads Vulnerable Non-titled • Relocation assistance, including By Project on Khas & persons developed plots in their own or other Other Public public lands, to be arranged by BEZA. Lands • Provision of water supply & sanitation facilities. 58 Location Entitled Person Entitlement Responsibility Homesteads Present Owners/Users • Assistance to move and rebuild the By Project on VNR houses in the same homestead, in Lands cases of partial acquisitions. • Assistance to settle in developed plots in public lands arranged by BEZA, or six months’ rent for comparable living accommodations, where acquisition requires relocation elsewhere. • Provision of water supply and sanitation facilities. 3. LOSS OF HOUSES /STRUCTURES USED FOR LIVING, BUSINESS & OTHER ACTIVITIES Type & Entitled Person Entitlement Responsibility Location All Houses/ Legal owners, as Compensation-under-law (CUL) or CUL paid by Structures determined by DCs, or replacement cost, whichever is greater. DC on Acquired by courts in cases of legal disputes. • Transfer Grant (TG) to cover the Private TG paid by Lands carrying costs of household goods, at Project one-eighth of the replacement costs of the affected structures. • Allowed to keep the salvageable materials Shiftable & Vulnerable Non-titled • Shiftable structures: House Transfer HTG & Non- persons Grant (HTG) and House Construction HCG paid by shiftable Grant (HCG), @ Tk 50 per sft of floor Structures area, with a minimum of Tk. 3500 and Project on Khas & maximum of Tk. 5000. Other Public • Non-shiftable structures: HCG @ Tk 70 Lands per sft of floor area with a minimum of Tk. 4000 and maximum of Tk 6000. • Allowed to keep the salvageable materials. Houses/ Current • HTG and HCG (amounts are to be HTG & Structures determined in consultation with the Owners/Users HCG paid by on VNR current owners/users). Lands • Allowed to keep the salvageable Project materials. 59 4. LOSS OF TREES ON A CQUIRED PRIVATE & PUBLIC LANDS Location Entitled Person Entitlement Responsibility On private Legal owners as • Current market value of trees, based on By BEZA determined by DCs, or by species, size and maturity. (included in Lands courts in cases of legal • Current harvest prices of fruits on trees, if the CUL) disputes and/or they are felled before harvest. • Owners are allowed to fell the trees and By Project keep them. (included in the top-up) On Khas & • Non-titled persons, As those stipulated above for trees and fruits By Project Other Public encroachers on trees, on private lands. Lands • Private groups, NGOs, etc.* On VNR Present Owner/User As those stipulated above for trees and fruits By Project Lands on trees, on private lands * Public lands, especially along the roads, are sometimes leased out to private groups and NGOs for tree plantation under income generation programs. 5. LOSS OF AGRICULTURAL , BUSINESS, E MPLOYMENT & RENTAL INCOME Impact Type Entitled Person Entitlement Responsibility Agricultural Income: Legal Owners, as Transition allowance equal to three By Project determined by times the harvest prices of one year’s • If acquisition DCs, or by courts crops produced in the acquired parts of amounts to 20% or in cases of legal the lands. more of the total disputes. productive area Present Transition allowance equal to three By Project • If acquired VNR times the harvest prices of one year’s lands are Owners/Users crops produced in the acquired parts of agricultural the lands. Business Income: Business Owners Compensation, based on 30 days’ By Project (premise / land average daily net income, for the actual • Temporary closure owners & tenants) number of days the businesses remain of businesses in closed or complete the civil works. existing premises Business Owners Compensation, calculated as above, for By Project • Partially affected (premise/land smaller of the number of days needed businesses owners & tenants) to repair and reopen the individual • Businesses business premises, or complete the civil requiring removal works. from the existing Business Owners • Relocation in khas/public lands, By Project premises and spots (premise/land plus compensation, calculated as owners & tenants) above, for a period of 30 days; or 60 Impact Type Entitled Person Entitlement Responsibility • Compensation, calculated as above, for the number of days the business owners need to find alternative locations themselves, but for a maximum period of 90 days. Loss of employment Business Compensation at current daily wage By Project income rates for the period needed to reopen Employees the businesses, or for a maximum of 30 days. Loss of income from Legal Owners and • Six months’ rent at the current rates By Project rented-out premises on Current to the owners of the premises on private & VNR lands Owners/Users of private lands. VNR lands • Three months’ rent at the current rates to the owners/users of premises on VNR lands. 6. UNFORESEEN LOSSES Impact Type Entitled Person Entitlement Responsibility As may be identified As Identified As determined in consultation with By Project during subproject World Bank and the stakeholders. preparation & implementation 1.4 Preparation of Impact Mitigation Instruments Availability of khas and other public lands for EZ itself and any required off-site support infrastructures will basically determine the location of an EZ. Once a decision is finalized about the EZ site and land requirements for off-site infrastructures -- in view of the basic principles and guidelines stipulated to minimize adverse impacts -- the major preparation tasks will consist of, • Preparing the land acquisition proposals (LAPs). Where lands from private and public ownerships are to be acquired, LAPs will be prepared as per the standard requirements of the Acquiring Body. • Taking the PAP censuses and fixing the cut-off dates. To prepare RPs and ARPs, censuses will assess details of the impacts and impacted persons/households with respect, but not limited, to the impact categories and compensation/assistance eligibility criteria proposed in this RSMF. The dates on which censuses are taken will constitute the cut-off dates for non- titled persons, and the dates on which the acquisition notice under Section 3 of the acquisition ordinance (Notice-3) is served will be the cut-off dates for private landowners. (Private landowners are not allowed to alter appearance of the lands by erecting new structures or otherwise, after the Notice-3 is served.) 61 • Identifying and developing the relocation sites for homestead losers. The relocation sites will be selected well in advance and will be as close as possible to the EZs, wherein they currently live and know all about the income and livelihood sources around them. • Conducting the market price surveys. To determine the replacement costs of lands, houses/structures and other replaceable, and market prices of irreplaceable affected assets, which are all required to prepare the land acquisition and resettlement budget. 62 Annex Q: Tentative Forests and Wetlands Management Guideline Forests and wetlands are considered as habitats, which is defined as terrestrial, freshwater, or marine geographical unit or airway that supports assemblages of living organisms and their interactions with the non-living environment. Habitats vary in their significance for conserving globally, regionally and nationally important biodiversity, their sensitivity to impacts and in the significance different stakeholders attribute to them. Because, in most instances, habitat loss, degradation or fragmentation represents the greatest threat to biodiversity, much of the focus of biodiversity conservation actions is on maintaining or restoring suitable habitats. ESS6 requires a differentiated risk management approach to habitats based on their sensitivity and values. Natural habitats are areas composed of viable assemblages of plant and/or animal species of largely native origin, and/or where human activity has not essentially modified an area’s primary ecological functions and species composition. If natural habitats are identified as part of the assessment, the Borrower will seek to avoid adverse impacts on them in accordance with the mitigation hierarchy. Where natural habitats have the potential to be adversely affected by the project, the Borrower will not implement any project related activities unless: (a) There are no technically and financially feasible alternatives; and (b) Appropriate mitigation measures are put in place, in accordance with the mitigation hierarchy, to achieve no net loss and, where feasible, preferably a net gain of biodiversity over the long term. When residual impacts remain despite best efforts to avoid, minimize and mitigate impacts, and where appropriate and supported by relevant stakeholders, mitigation measures may include biodiversity offsets adhering to the principle of “like-for-like or better.� Where the project includes commercial agriculture and forestry plantations (particularly projects involving land clearing or afforestation), the Borrower will locate such projects on land that is already converted or highly degraded (excluding any land that has been converted in anticipation of the project). In view of the potential for plantation projects to introduce invasive alien species and threaten biodiversity, such projects will be designed to prevent and mitigate these potential threats to natural habitats. When the Borrower invests in production forestry in natural forests, these forests will be managed sustainably. 63 Annex R: Labor Management Procedure Template 1. OVERVIEW OF LABOR USE ON THE PROJECT This section describes the following, based on available information: Number of Project Workers: The total number of workers to be employed on the project, and the different types of workers: direct workers, contracted workers and community workers. Where numbers are not yet firm, an estimate should be provided. Characteristics of Project Workers: To the extent possible, a broad description and an indication of the likely characteristics of the project workers e.g. local workers, national or international migrants, female workers, workers between the minimum age and 18. Timing of Labor Requirements: The timing and sequencing of labor requirements in terms of numbers, locations, types of jobs and skills required. Contracted Workers: The anticipated or known contracting structure for the project, with numbers and types of contractors/subcontractors and the likely number of project workers to be employed or engaged by each contractor/subcontractor. If it is likely that project workers will be engaged through brokers, intermediaries or agents, this should be noted together with an estimate how many workers are expected to be recruited in this way. Migrant Workers: If it is likely that migrant workers (either domestic or international) are expected to work on the project, this should be noted and details provided. 2. ASSESSMENT OF KEY POTENTIAL LABOR RISKS This section describes the following, based on available information: Project activities: The type and location of the project, and the different activities the project workers will carry out. Key Labor Risks: The key labor risks which may be associated with the project (see, for example, those identified in ESS2 and the GN). These could include, for example: • The conduct of hazardous work, such as working at heights or in confined spaces, use of heavy machinery, or use of hazardous materials • Likely incidents of child labor or forced labor, with reference to the sector or locality • Likely presence of migrants or seasonal workers • Risks of labor influx or gender based violence • Possible accidents or emergencies, with reference to the sector or locality 3. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS This section sets out the key aspects of national labor legislation with regards to term and conditions of work, and how national legislation applies to different categories of workers identified in Section 1. The overview focuses on legislation which relates to the items set out in ESS2, paragraph 11 (i.e. wages, deductions and benefits). 4. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY This section sets out the key aspects of the national labor legislation with regards to occupational health and safety, and how national legislation applies to the different categories of workers identified in Section 1. The overview focuses on legislation which relates to the items set out in ESS2, paragraphs 24 to 30. 64 5. RESPONSIBLE STAFF This section identifies the functions and/or individuals within the project responsible for (as relevant): • engagement and management of project workers • engagement and management of contractors/subcontractors • occupational health and safety (OHS) • training of workers • addressing worker grievances In some cases, this section will identify functions and/or individuals from contractors or subcontractors, particularly in projects where project workers are employed by third parties. 6. POLICIES AND PROCEDURES This section sets out information on OHS, reporting and monitoring and other general project policies. Where relevant, it identifies applicable national legislation. Where significant safety risks have been identified as part of Section 2, this section outlines how these will be addressed. Where the risk of forced labor has been identified, this section outlines how these will be addressed (see ESS2, paragraph 20 and related GNs). Where risks of child labor have been identified, these are addressed in Section 7. Where the Borrower has stand-alone policies or procedures, these can be referenced or annexed to the LMP, together with any other supporting documentation. 7. AGE OF EMPLOYMENT This section sets out details regarding: • The minimum age for employment on the project • The process that will be followed to verify the age of project workers • The procedure that will be followed if underage workers are found working on the project • The procedure for conducting risk assessments for workers aged between the minimum age and 18 See ESS2, paragraphs 17 to 19 and related GNs. 8. TERMS AND CONDITIONS This section sets out details regarding: • Specific wages, hours and other provisions that apply to the project • Maximum number of hours that can be worked on the project • Any collective agreements that apply to the project. When relevant, provide a list of agreements and describe key features and provisions • Other specific terms and conditions 9. GRIEVANCE MECHANISM This section sets out details of the grievance mechanism that will be provided for direct and contracted workers, and describes the way in which these workers will be made aware of the mechanism. Where community workers are engaged in the project, details of the grievance mechanism for these workers is set out in Section 11. 65 10. CONTRACTOR MANAGEMENT This section sets out details regarding: • The selection process for contractors, as discussed in ESS2, paragraph 31 and GN 31.1. • The contractual provisions that will put in place relating to contractors for the management of labor issues, including occupational health and safety, as discussed in ESS2, paragraph 32 and GN 32.1 • The procedure for managing and monitoring the performance of contractors, as discussed in ESS2, paragraph 32 and GN 32.1 11. COMMUNITY WORKERS Where community workers will be involved in the project, this section sets out details of the terms and conditions of work, and identifies measures to check that community labor is provided on a voluntary basis. It also provides details of the type of agreements that are required and how they will be documented. See GN 34.4. This section sets out details of the grievance mechanism for community workers and the roles and responsibilities for monitoring such workers. See ESS2, paragraphs 36 and 37. 12. PRIMARY SUPPLY WORKERS Where a significant risk of child or forced labor or serious safety issues in relation to primary suppliers has been identified, this section sets out the procedure for monitoring and reporting on primary supply workers. 66