SFG3133 Export Competitiveness for Jobs Project Resettlement Policy Framework March 2017 Ministry of Commerce Government of the People’s Republic of Bangladesh 1 Abbreviation BTA Bangladesh Tanners Association BEIOA Bangladesh Engineering Industry Owners Association BEMMA Bangladesh Electrical Merchandise Manufactures Association BPGMEA Bangladesh Plastic Goods Manufacturers & Exporters Association BIDA Bangladesh Investment Development Authority BFLLFEA Bangladesh Finished Leather, Leather Goods and Footwear Exporters CCS Association and Communication Strategy Consultation CUL Compensation-Under-Law DC Deputy Commissioner DP Displaced Persons ECFJP Export Competitiveness for JOBs Project FGD Focused Group Discussion GOB Government of Bangladesh GRC Grievance Redress Committee GIF Gender and Inclusion Framework HCG House Construction Grant HTG House Transfer Grant IDA International Development Association INGO International non-government organizations IP Indigenous People KII Key Informants Interview IPP Indigenous Peoples Plan LAP Land Acquisition Proposal MOC Ministry of Commerce NGO Non-Government Organization OP Operation Policy PIU Program Implementation Unit PCMU Project Coordination and Monitoring Unit RAP Resettlement Action Plan RPF Resettlement Policy Framework RPF Resettlement Policy Framework SA Social Assessment SEVCDF Small, Ethnic and Vulnerable Communities Development Framework SIA Social Impact Assessment SMF Social Management Framework TOR Terms of Reference WB World Bank CONTENTS Page I. INTRODUCTION ............................................................................................................. 1 A. Background 1 B. Project Components, Objectives and Impact on LA-IR 1 C. Project Impacts and Benefits: 2 D. Comparison of Resettlement Policies of WB and Government 2 E. Public Consultation and Citizen Engagement: 3 II. POLICY FRAMEWORK, PRINCIPLES AND ENTITLEMENTS .......................................... 1 A. Bangladesh Laws 1 B. World Bank OP 4.12 1 C. Comparison of Resettlement Policies of WB and Government 2 D. Core Principles of Involuntary Resettlement 2 E. Eligibility and Entitlement and Valuation 4 III. SOCIOECONOMIC INFORMATION ............................................................................... 11 A. Screening Exercise 11 B. Detailed Assessment and Survey 11 C. Resettlement Action Plan 12 D. Gender Impacts and Mitigation Measures 13 IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE .............................................. 14 V. INCOME RESTORATION AND RELOCATION ............................................................... 17 GRIEVANCE REDRESS MECHANISM ................................................................................... 18 VI. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION MECHANISM .............. 20 VII. Implementation Arrangements ........................................................................................... 20 A. Project Level 20 B. Component Level 21 C. Capacity-Building Needs of EA/IA 22 D. Implementation Schedule 22 VIII. BUDGET AND FINANCING ........................................................................................... 24 IX. MONITORING AND REPORTING .................................................................................. 24 A. Internal Monitoring 24 X. Public Disclosure ............................................................................................................. 25 XI. Appendix 1: INVOLUNTARY RESETTLEMENT IMPACT CATEGORIZATION CHECKLIST 26 XII. Annex 2: OUTLINE OF RESETTLEMENT PLAN ............................................................. 27 1 i DEFINITION OF TERMS Compensation The payment given in cash or in kind to displaced persons (DPs) at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project. Corridor of impact The area that would be cleared of all structures and obstructions. (COI) Cut-off date Refers to the date after which people will not be considered eligible for compensation i.e. they are not included in the list of DPs as determined by a census of persons displaced from assets and livelihoods. The cut-off-date will be disclosed to residents and local officials of each affected village which coincides with the conduct of the detailed measurement survey (DMS). Detailed With the use of approved detailed engineering drawings, this activity involves the measurement finalization or validation of the results of the inventory of losses (IOL), severity survey (DMS) of impacts, and list of DPs done during the preparation of this land acquisition and resettlement plan (LARP). The final cost of resettlement will be determined after the DMS. Displaced person Refers to any person or persons, household, firm, private or public institution who (DP) /affected are physically displaced (relocation, loss of residential land, or loss of shelter) person (AP) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihood) as result of i) acquisition of land; ii) restriction on land use or on access to legally designated parks and protected areas. Eminent The right of the state using its sovereign power to acquire land for public domain/compulsory purposes. National law establishes which public agencies have the prerogative to Land acquisition exercise eminent domain. Entitlement Refers to a range of measures of compensation and other forms of assistance provided to DPs/APs in the respective eligibility category. Income restoration This involves re-habilitating the sources of income and productive livelihoods of severely affected and vulnerable DPs to enable income generation equal to or, if possible, better than earned by DPs before resettlement. Inventory of losses This is the listing of assets as a preliminary record of affected or lost assets during (IOL) the preparation of the resettlement Action plan (RAP) where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the COI are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the APs/DPs are likewise determined. Involuntary It is the displacement of people, not of their own volition but involuntarily, from their homes, assets, sources of income and livelihood in the COI in connection 1 ii resettlement with the Project. Land acquisition Refers to the process of acquiring all or part of the land and all assets attached in the land to the ownership and possession of the parties in land need for the Project in return for compensation at replacement cost. Meaningful A process that begins early in the project preparation stage and is carried out on consultation an ongoing basis throughout the project cycle. It will provide relevant and adequate information understandable and accessible to APs with a free atmosphere and gender inclusive and enables the incorporation of all relevant views of APs and other stakeholders into decision making. Relocation The physical displacement of a DP from his/her pre-project place of residence and/or business. Relocation Support provided to persons who are physically displaced by a project. It may assistance include transportation, transitional assistance (food, shelter, and social service) that are provided to the DPs during their relocation. Replacement cost Replacing an asset at cost in cash or in kind needed at a cost prevailing at the time of its acquisition. The replacement of the asset in its existing condition, without deduction of transaction costs or depreciation and salvageable materials, at prevailing market value, or its nearest equivalent, at the time of compensation payment. Resettlement Refers to various measures provided to DPs or AHs to mitigate any and all adverse social impacts of the project, including compensation, relocation (where relevant), and rehabilitation as needed. Resettlement A time-bound action plan with budget, setting out the resettlement objectives and Action plan strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation. Severely APs This refers to APs/DPs who will (i) lose 10% or more of their total productive assets, (ii) have to relocate, and/or (iii) lose 10% or more of their total income sources due to the project. Voluntary Refers to any resettlement not attributable to forms of land acquisition backed by resettlement power of state. Important principles in voluntary resettlement are informed consent and power of choice. The persons involved are knowledgeable about a project and its implications and freely agree to participate. The persons also have the option to agree or disagree with the land acquisition, without adverse consequences being imposed by the state. Vulnerable groups These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized due to the project and specifically include: (i) households that are headed by women with dependents, (ii) household heads with disabilities, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households who are landless and with no other means of support, and (v) landless households. 3 Executive Summary Background: This Resettlement Policy Framework (RPF) is to resolve any anticipated social safeguard issues and impacts that may arise due to land use and acquisition during implementation of the Export Competitiveness for Jobs (EC4J) project. Another purpose of this framework is to plan ahead the social development concerns following the Government of Bangladesh’s laws and the World Bank Resettlement policy (OP.4.12) that the project could address within its scope of works. The project is designed to help the Bangladesh private sectors mainly Leather and leather products, (leather and non-leather) footwear, plastics and light engineering sectors to increase its competitiveness in the global market by diversifying the country’s export profile. Financing for the EC4J Project is provided by the International Development Association of the World Bank. The Ministry of Commerce (MoC) is responsible for overall implementation of the EC4J Project including the provisions of this RPF. Separate SEVCDF and SMF have been prepared for this project. As it is a private sector investment project, project might not acquire any land. If project acquire land for the implementation of the project, project must follow GoB policy guidelines and OP 4.12 where the DC is the main authority to acquire the land. If land is bought by the private investors at present market price from willing sellers, OP 4.12 will not be triggered. However, the project will require to submit a report following a social screening format to ensure that social safeguards provisions (as outlined in RPF, SMF and SEVCDF) have been ensured and no adverse social impacts have been caused by land purchase. Such screening will have to be done for each piece of land that will be purchased. The private sector actors may choose to use land that is already owned and possessed by them for this project purpose. In such cases, a detailed screening report will have to be submitted. Up to 0.5 decimal land (at each site) may be donated by private actors in this project. Project Components, Objectives and Impact on LA-IR The general objectives of the project are to increase employment through increased trade and private investment in leather, footwear, plastics and light engineering with export potential. Project has been structured with four components. Project components and specific objectives are given below: TableEX1: Project components and Objectives Components Specific Objectives Impact on LA and IR Component 1: Market 1.Address critical constraints for four No. access support program selected sectors This is non-physical component 2. To access international markets which does not require any land acquisition 3. To integrate in global value chains (GVCs) 4. Firm specific quality standards and accreditation support 5. To build capacity of public and/or public-private institutions 6. To identify and promote voluntary private solutions Component 2: 1.Skill formation and training Yes. This component will Productivity require usage of land. 2.Technilogy adaptation and diffusion ii Enhancement Program as crucial areas to raise productivity RAP will be prepared. If ethnic communities is affected, SEVCDF will be prepared. Component 3: Public 1.To address adversely affected clusters Yes. This component will Investment facility for of firms require usage of land. infrastructure constrains 2.To prevent transformative green field RAP will be prepared. investments If ethnic communities is 3. To construct access road to the affected, SEVCDF will be factories prepared. Component 4: Project 1.To support PIU for successful RAP implementation will be Implementation, implementation of the project monitored. Monitoring and 2. To provide technical expertise and evaluation assistance to private firms. Project Impacts and Benefits: For implementing component 2 and 3, project might require some land. For construction of technology centers, access road, project would always intend to find khas and other unused public land. But use of private land cannot be ruled out completely, especially where offsite infrastructures would also be developed to support the economic activities within the project area. If private land acquisition is absolutely required, project will follow RPF and SMF. But when it comes to impact on small ethnic and vulnerable communities, there is an important tenure issue associated with the khas land. In many parts of the CHT districts, especially those that are outside the district headquarters or remote, the small ethnic and vulnerable communities are unlikely to have legal titles, and use the lands for living and livelihood under customary tenure. On the positive side, the project is expected to benefit small ethnic and vulnerable communities as well as the mainstream population. It will increase employment through trade and private investment in four sectors with export potential. The key results indicators for the project will be: Number of new jobs created, Value of private investment, Number of formal businesses registered in the targeted sectors and Number of beneficiaries (core), of which women or vulnerable (%). Grievance Redress Mechanism: A two-tier bottom up GRC system will be established in this Project. First, there will be GRCs at the local level, hereafter called Local GRC (union/municipality level); and second, GRC at the project level to give room for grievances to be fairly reviewed. These GRCs will be established through gazette notifications from the Ministry. The APs will be informed through public consultation that they have a right to have their grievances redressed by the local committees as well as by the project management. Generally, most grievances are expected to be compensation-related. To provide a more structured local level GRM, project-level grievance redress mechanism, a grievance redress committee (GRC) will be formed as soon as the funding of the project becomes effective and will continue until project completion. The members of GRC will ensure representation of women and will slightly vary between the components of the project. The PIU Manager will act as the convener and members of the GRC will be 5 representative from the factory, chair of the union where the project is located, a witness for the AP, and a representative from a local group (i.e. religious, teacher, etc.). Implementation Arrangement: The Resettlement Policy Framework (RPF) and Small, ethnic and other vulnerable communities’ development framework (SEVCDF) implementation requires an organization support structure in the form of organizational requirements, training needs and plan, and information management system. A Project Implementing Unit (PIU) will be established in the Ministry of Commerce. It will consist of a Project Director, technical staff, a Procurement Specialist, a Financial Management Specialist, a Safeguards Specialist and a Monitoring and Evaluation (M&E) Specialist. The PIU will rely on point persons in each industry association for coordination purposes and an NGO will be hired to assist PIU implementing safeguard issues and to boost capacity of the PIU for its daily work. The purpose of project implementation unit is to ensure (i) Project Oversight and Policy Direction, (ii) Project Coordination and Management, and (iii) Project Implementation. Public Disclosure: Project will disclose RAP to the public in Bangladesh by posting it in its website, and authorize the World Bank to disclose it at its Country Office Information Center and in its Infoshop. Project will also ensure that copies of the translated document are made available at its headquarters and site offices established during the implementation period. As to disclosure, Project will inform the public through notification in two national newspapers (Bangla and English) about the EC4J project and where it could be accessed for review and comments I. INTRODUCTION A. Background This Resettlement Policy Framework (RPF) is to resolve any anticipated social safeguard issues related to land use and impacts that may arise during implementation of the Export Competitiveness for Jobs (EC4J) project. Another purpose of this framework is to plan ahead the social development concerns that the project could address within its scope of works. The project is designed to help the Bangladesh private sectors mainly Leather and leather products, (leather and non-leather) footwear, plastics and light engineering sectors to increase its competitiveness in the global market by diversifying the country’s export profile. Financing for the EC4J Project is provided by the International Development Association of the World Bank. The Ministry of Commerce (MoC) is responsible for overall implementation of the EC4J Project including the provisions of this SMF. Separate SEVCDF and SMF have also been prepared for this project. The provisions of this RPF are proposed in view of the World Bank’s project financing policy that requires the borrowers to assess potential social safeguard issues and impacts in project preparation and to adopt and implement appropriate measures to mitigate them, in compliance with the Bank Operational Policies (OP) 4.12 and 4.10. In this regard, since the locations and the nature and scale of safeguards impacts under the four sectors remain to be assessed, the issues and impacts addressed in the RPF are largely based on past experience with the Bank supported projects implemented by various agencies within the Bangladesh Government. Once the Administrative Boundaries (district, upazila, union, etc.) of project area is planned, the proposed RPF will provide the basis to select the exact site, assess the social safeguard issues and impacts, and prepare the necessary plans to mitigate any projected adverse impacts. As it is a private sector investment project, project might not acquire any land. If project acquire land for the implementation of the project, project must follow GoB policy guidelines and OP 4.12 where DC is the main authority to acquire the land. If land is bought by the private investors at present market price from willing sellers, OP 4.12 will not be triggered. However, the project will require to submit a report following a social screening format to ensure that social safeguards provisions (as outlined in RPF, SMF and SEVCDF) have been ensured and no adverse social impacts have been caused by land purchase. Such screening will have to be done for each piece of land that will be purchased. The private sector actors may choose to use land that is already owned and possessed by them for this project purpose. In such cases, a detailed screening report will have to be submitted. Up to 0.5 decimal land (at each site) may be donated by private actors in this project. B. Project Components, Objectives and Impact on LA-IR The general objectives of the project are to increase employment through increased trade and private investment in leather, footwear, plastics and light engineering with export potential. Project has been structured with four components. Project components and specific objectives are given below: Table1: Project components and Objectives Components Specific Objectives Impact on LA and IR Component 1: Market 1.Address critical constraints for four No, this is non-physical access support program selected sectors component which does not require any land acquisition 2. To access international markets 3. To integrate in global value chains (GVCs) 1 2 4. Firm specific quality standards and accreditation support 5. To build capacity of public and/or public-private institutions 6. To identify and promote voluntary private solutions Component 2: 1.Skill formation and training Yes, RAP will be prepared. If Productivity ethnic communities is affected, 2.Technilogy adaptation and diffusion Enhancement Program SEVCDF will be prepared. as crucial areas to raise productivity Component 3: Public 1.To address adversely affected clusters Yes, RAP will be prepared. If Investment facility for of firms ethnic communities is affected, infrastructure constrains SEVCDF will be prepared. 2.To prevent transformative green field investments 3. To construct access road to the factories Component 4: Project 1.To support PIU for successful RAP implementation will be Implementation, implementation of the project monitored. Monitoring and 2. To provide technical expertise and evaluation assistance to private firms. C. Project Impacts and Benefits: For implementing component 2 and 3, project might require some land. For construction of technology centers, access road project would always intend to find khas and other unused public land. But use of private land cannot be ruled out completely, especially where offsite infrastructures would also be developed to support the economic activities within the project area. If private land acquisition is absolutely required, project will follow RPF and SMF. But when it comes to impact on small ethnic and vulnerable communities, there is an important tenure issue associated with the khash land. In many parts of the CHT districts, especially those that are outside the district headquarters or remote, the small ethnic and vulnerable communities, are unlikely to have legal titles, and use the lands for living and livelihood under customary tenure. On the positive side, the project is expected to benefit communities as well as the mainstream population. It will increase employment through trade and private investment in four sectors with export potential. The key results indicators for the project will be: Number of new jobs created, Value of private investment, Number of formal businesses registered in the targeted sectors and Number of beneficiaries (core), of which women or vulnerable (%). D. Comparison of Resettlement Policies of WB and Government The government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and WB policy are identified and bridging measures are included in the 3 entitlement matrix for the project, described below. A project specific entitlement matrix is prepared for each RAP. WB will not finance the project if it does not comply with its OP 4.12 nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the WB and government policies exist, WB’s policy will prevail. The project will recognize three types of displaced persons including (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. Various involuntary resettlement requirements apply to all three types of displaced persons. E. Public Consultation and Citizen Engagement: The EA/IA will conduct meaningful consultation with displaced persons/affected persons, their host communities, and civil society for every project and subproject identified as having involuntary resettlement impacts. Meaningful consultation is a process that: (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Consultation will be carried out in a manner commensurate with the impacts on affected communities. The EA/IA will pay particular attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female headed households, women and children, small ethnic and vulnerable communities, and those without legal title to land. II. POLICY FRAMEWORK, PRINCIPLES AND ENTITLEMENTS A. Bangladesh Laws The basic principles for the compensation of property in Bangladesh are founded in Articles 42 and 47 of the Constitution. The current legislation governing land acquisition in Bangladesh is the Acquisition and Requisition of Immovable Property Ordinance 1982 (ARIPO) and subsequent amendments during 1993- 1994 and 2016. The Ordinance requires that compensation be paid for (i) land and assets permanently acquired (including standing crops, trees, houses); and (ii) any other damages caused by such acquisition. The Deputy Commissioner (DC) determines the market price of assets based on the approved government procedure. The first step in acquiring land is an application to the Ministry of Land (MOL) through the concerned project ministry requesting requisition and transfer of the land or the movable property in question. A detailed statement specifying whether the land mentioned in the application is needed for public or private purpose, the area of the land, sketch-map and purpose for which it could be used should be submitted as well. The MOL examines the application and sends it to the concerned DC for necessary action. The DC then authorizes the Additional Deputy Commissioner (ADC) related to land to prepare and execute a plan of action for requisition. The DC in turn issues a public notice for land requisition and at that time aims to settle matters relating to payment of compensation to the owner(s) of the property or other person(s) entitled to compensation, as well as attempt to settle any other related issues. When a movable property is required temporarily for a public purpose or in the public interest, the DC may obtain requisition by an order in writing. In case of requisition of movable property as well, compensation shall be paid to the owner or owners of the property determined in accordance with legal provisions. Also, in case of requisition of movable property, the decision taken by the government is deemed to be final. Any contravention or attempts to contravene an order, or obstruction to the enforcement of an order, is punishable with imprisonment for a term that may extend to three months, or with a fine which may extend to three thousand taka, or with both. B. World Bank OP 4.12 The objectives of OP 4.12 with regard to involuntary resettlement are: (i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable groups. The OP 4.12 covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers displaced persons whether such losses and involuntary restrictions are full or partial, permanent or temporary. For any WB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, from the early stages of the project cycle, taking into account the following basic principles: (i) Involuntary resettlement(IR) will be avoided or minimized as much as possible and where IR is unavoidable, displaced persons(DPs) will be compensated full replacement close for their losses; (ii) Improve, or at least restore, the livelihoods of all DPs and provide physically and economically displaced persons with needed assistance. 1 2 (iii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (iv) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (v) Prepare and disclosure a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (vi) Consider and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. (vii) Disclose monitoring reports. C. Comparison of Resettlement Policies of WB and Government The government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and WB policy are identified and bridging measures are included in the entitlement matrix for the project, described below. A project specific entitlement matrix will prepare for each RAP once the footprint of a specific infrastructure is specified. WB will not finance the project if it does not comply with its OP 4.12 nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the WB and government policies exist, WB’s policy will prevail. The project will recognize three types of displaced persons including (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. Various involuntary resettlement requirements will apply to all three types of displaced persons. D. Core Principles of Involuntary Resettlement The following resettlement principles will guide resettlement planning, implementation and monitoring of all RAP formulated for components/subprojects of the Program.  Acquisition of land and other assets, and resettlement of people will be avoided or minimized as much as possible by identifying possible alternative project designs and 3 appropriate social, economic, operation and engineering solutions that have the least impact on populations in the project area.  No site clearing will be done in anticipation or before being considered for inclusion in the project site.  Affected households residing, working, doing business and/or cultivating land within the impact area during the conduct of the census and in the detailed measurement survey (DMS), are entitled to be compensated for their lost assets, incomes and businesses at replacement cost, and will be provided with assistance to improve or at least maintain their pre-project living standards, income-earning capacity and production levels.  Affected households will be eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing and any such factors that discriminate against achievement of the resettlement objectives. Lack of legal rights to lost assets or tenure status and social or economic status will not bar the affected households from entitlements to compensation and assistance.  Affected households will be fully consulted and given the opportunity to participate in matters that will affect their lives during the design, implementation and operation. Moreover, plans for the acquisition and use of assets will be carried out in consultation with the affected households who will receive prior information of the compensation and other assistance available to them.  Any acquisition of, or restriction on access to, resources owned or managed by the affected households as a common property such as pasture area will be mitigated by arrangements that will ensure they have access to equivalent resources.  There will be no deductions in compensation payments for structures or other affected assets for salvage value, depreciation, taxes, stamp duties, fees or other payments.  There will be effective mechanisms for hearing and resolving grievances during the planning and implementation of the component subprojects.  If ownership over any affected asset is under dispute, the case will be handled in accordance with the grievance redress mechanism agreed with the EA.  Temporarily affected land and structures will be restored to pre-project conditions.  Existing social, cultural and religious practices will be respected.  Special measures will be incorporated in the RAP to complement mitigation and enhancement activities to protect socially and economically vulnerable groups at high risk of impoverishment. Appropriate assistance will be provided to help them improve their socioeconomic status.  Particular attention will be paid to the needs of vulnerable groups, especially those headed by women disable persons, indigenous persons/ethnic minorities and those below poverty line and ensure their participation in consultations.  Adequate resources will be identified and committed during the preparation of the RAP. This includes adequate budgetary support fully committed and made available to cover the costs of compensation, resettlement and rehabilitation within the agreed implementation period for the project; and, adequate human resources for supervision, liaison and monitoring of land acquisition, resettlement and rehabilitation activities.  Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system.  The RAP or its summary will be translated into local language (Bangla) and placed in district and sub-district offices for the reference of affected households and other interested groups.  Civil works contractors will not be issued a notice of possession for any given geographic location in accordance with the approved RAP until (a) compensation payment at replacement cost have been satisfactorily completed for that area; (b) agreed rehabilitation program is in place; and (c) the area is free from all encumbrances. 4  Cash compensation for affected households losing commercial structures will be made available well ahead of civil works to allow the affected households sufficient lead time for reconstruction and to re-establish the business. No demolition of assets and/or entry to properties will be done until the affected household is fully compensated and relocated. E. Eligibility and Entitlement and Valuation 1. Eligibility All DPs who are identified in the project-impacted areas on the cut-off date1 will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. 2. Entitlements The entitlement matrix (Table 3) summarizes the main types of losses and the corresponding nature and scope of entitlements in accordance with the government and WB policies. Where the entitlement matrix does not cover a particular impact it can be enhanced in the resettlement plans based on the findings of the socio-economic assessment and detailed census survey. Standards described will not be lowered but can be enhanced in the subproject RAPs as required. 1 The cut-off date for title holders is decided according to the formal government notification, and for non- titleholders the date of the census survey during the detailed design stage. Those who encroach into the project area after the cut-off date will not be entitled to compensation or any other assistance. The EA/IA will take video and photo documentation to ensure documentation of entitled persons on the cut- off date. 5 Table 3: Entitlement Matrix No Type of Application Entitled Entitlement Implementation Responsible Loss Person Issues Agency A. Land A- Loss of Homestead land, Owner(s) with  If land-for-  EA/IA 1 land agricultural land, legal title  Cash compensation land is offered,  Deputy or vacant plot equivalent to title will be to Commissioner replacement cost.2 both husband  If requested and feasible, and wife, if land-for-land feasible. compensation of equal  Vulnerable3 productive capacity households to  Assistance in finding be identified replacement land. through a  Provision of stamp duty, census of the land registration fee, affected capital gains tax, and persons as part value added tax incurred of the RP. for replacement land.  Viability of  Option to be land to be compensated if determined in remaining land is no consultation longer viable. with land  Access to equivalent owner. common property resources previously accessed  Additional compensation for vulnerable households. A- Loss of Homestead land, Tenant(s) and  Compensation  Landowners  EA/IA 2 land agricultural land, leaseholder(s) equivalent to three will reimburse or vacant plot months of rental. tenants and  Additional Assistance leaseholders for vulnerable land rental households. deposit or  Assistance in finding unexpired alternate location lease.  Vulnerable households to be identified through a census of the affected persons as part of the RP. A- Loss of Homestead land, Sharecropper(s)  60 day advance notice to  Work schedule  EA/IA 3 land agricultural land, harvest standing to allow or vacant plot seasonal crops, if harvest harvesting is not possible, prior to compensation for share acquisition and of crops. avoid harvest  Additional compensation season. 2 The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. Where market conditions are absent or in a formative stage, the EA/IA will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The EA/IA will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, 3 depreciation of structures and assets is not to be taken into account. Vulnerable households/DPs may include female-headed households, disable-headed households, indigenous persons/ethnic minority-headed households and Below Poverty Line households 5 6 No Type of Application Entitled Entitlement Implementation Responsible Loss Person Issues Agency for vulnerable  Vulnerable households. households to be identified through a census of the affected persons as part of the RP. A- Loss of Homestead land, DP(s) without  60 days advance notice  Vulnerable  EA/IA 4 land agricultural land, legal titles to shift from occupied households to or vacant plot (squatter(s) and land. be identified encroacher(s)  Additional assistance for through a vulnerable households. census of the affected persons as part of the RP. B. Structures And Buildings B- Loss of Residential/ Owner(s) with  Cash compensation  Vulnerable  EA/IA 1 structure commercial legal title equivalent to households to  Local public structure and replacement value of be identified works department other assets (e.g. structure (or part of through a  Deputy fences, gates, structure). census of the Commissioner posts) structure  Option to be affected compensated for entire persons as part structure if remaining of the RP. structure is no longer  Viability of viable. partially  Rights to salvage identified materials from structure structures to be  Provision of all taxes, determined by registration costs, and local public other fees incurred for works replacement structure. department in  Shifting allowance based consultation on actual cost of moving with building (e.g., truck hire, owner. equipment, etc.)  Additional compensation for vulnerable households.  Assistance in finding alternate location. B- Loss of Residential/ Tenant(s) and  Cash compensation  Vulnerable  EA/IA 2 structure commercial leaseholder(s) equivalent to households to structure and replacement value of be identified other assets (e.g. structure (or part of through a fences, gates, structure) if the structure census of the posts)structure is constructed by the DP. affected  Rights to salvage persons as part materials from structure. of the RP  Provision of all taxes,  Structure registration costs, and owners will other fees incurred for reimburse replacement structure. tenants and  Shifting allowance based leaseholders on actual cost of moving rental deposit (e.g., truck hire, or unexpired equipment, etc.). lease,  Additional compensation for vulnerable households.  Assistance in finding alternate location. B- Loss of Residential/ Encroacher(s)  Cash compensation  Vulnerable  EA/IA 3 structure commercial and squatter(s) equivalent to households to structure and replacement value of be identified other assets (e.g. structure (or part of through a fences, gates, structure) constructed by census of the posts) structure the DP. affected 7 No Type of Application Entitled Entitlement Implementation Responsible Loss Person Issues Agency  Rights to salvage persons as part materials from structure. of the RP  Provision of all taxes, registration costs, and other fees incurred for replacement structure.  Shifting allowance based on actual cost of moving (e.g., truck hire, equipment, etc.).  Additional compensation for vulnerable households.  Assistance in finding alternate location. C Loss of Religious Community/ Reconstruction/ Cash  Consultation  EA/IA Common buildings, government Compensation at with Property government replacement cost. community Resources offices, schools, and and hospitals etc. government government for alternate Buildings site for reconstruction D Loss of Standing crops Owner(s) with  60 days advance notice  Work schedule  EA/IA/Concerned crops and and trees legal title, to harvest standing to allow government trees tenant(s), seasonal crops, if harvest harvesting Department leaseholder(s), is not possible, cash prior to sharecropper(s), compensation for crops acquisition and encroacher(s), (or share of crops) avoid harvest squatter(s) equivalent to prevailing season market price.  Market value  Cash compensation for to be perennial crops and fruit determined in bearing trees based on consultation annual net product with divisional market value multiplied forest by remaining productive department. years.  Cash compensation equivalent to prevailing market price of timber for non-fruit trees. E Loss of Livelihood/ Business owner  60 days advance notice.  Vulnerable  EA/IA livelihood source of income (s), tenant (s),  Assistance in finding households to leaseholder(s), alternate location. be identified employee(s),  One time assistance for through a agricultural lost income based on census of the worker(s), three months lost income affected hawker(s)/ (at replacement cost) or persons as part vendors(s) minimum wage rates of the RP (whichever is higher).  Training  Shifting allowance and allowance to cost of reestablishing be paid business elsewhere (cost directly to the of truck hire, equipment, training etc.). institute  Training allowance in the form of cash equivalent to short term training course.  Additional compensation for vulnerable households.  Consideration for project employment. F. Temporary Impacts F- Temporary Land Owner(s) with  60 days advance notice.  Rental fees  EA/IA/Contractor 1 loss of land temporarily legal title,  Restoration of affected will be decided and crops acquired for the tenant(s), land mutually by 8 No Type of Application Entitled Entitlement Implementation Responsible Loss Person Issues Agency Project leaseholder(s),  Rental fees by the the contractor sharecropper(s), contractor for the period and APs/DPs encroacher(s), of using the land and squatter(s) crop compensation (one season) in case of agricultural land/paddy land F- Temporary Temporary loss Owner(s) with  60 days advance notice. Restoration will  EA/IA 2 loss of of access to land, legal title,  Provision of temporary be done by the  Contractor to access structure, tenant(s), access and relocation contractor with restore access utilities, leaseholder(s), where possible. due consultation common sharecropper(s),  Restoration/enhancement with property encroacher(s), of affected land, resource squatter(s) structure, utilities, common property resource. F- Temporary Temporary loss Business owner  60 days advance notice.  EA/IA 3 loss of of (s), tenant (s),  Provision of temporary livelihood livelihood/source leaseholder(s), access where possible. of income employee(s),  Provision of alternative agricultural sites for continued worker(s), economic activity where hawker(s)/ possible. vendors(s)  Where provision of alternative sites is not feasible, a one-time assistance for lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher).  Compensation for agricultural losses.  Restoration of affected land, structure, utilities, common property resource. G Impacts on All impacts Vulnerable DPs  Land-for-land option  Vulnerable  EA/IA vulnerable will be a guaranteed households to DPs option for vulnerable be identified DPs if available. If not through a available, assistance in census of the finding new land. affected  Additional allowance persons as part equivalent to Tk of the RP 10,000/- for loss of land or structure.  Preference in project employment. 9 No Type of Application Entitled Entitlement Implementation Responsible Loss Person Issues Agency H Any other Unanticipated involuntary The subproject  EA/IA loss not impacts shall be RP will assess identified documented and mitigated any other based on the principles unidentified provided in this RPF and impacts during with compliance with census and government’s and OP4.12 socio-economic surveys 2. Assessment of Compensation Unit Values Land: All lands proposed to be acquired under the investment program will be compensated as per replacement cost consistent with both Government’s laws and OP4.12. The EA/IA will prepare site plan overlays (based on detailed designs) on the cadastral map to define the area and parcels to be acquired. This is to form part of the application to the Ministry of Land (MOL).4 The MOL will then assign the task to the concerned Deputy Commissioner (DC) in the project areas. The DC will then decide the cost of land through its property valuation advisory committee5 which will serve as the valuation committee. The land valuation process will consist of two different values – (i) the sale deed record, and (ii) expected price. The EA/IA will be responsible for providing the recorded rate from the Local Land Registry Office (LLRO) (i.e., the sale deed record). The EA/IA will consult with willing buyers/sellers of the area to collect the expected price of land. The EA/IA will then submit the two rates to the valuation committee. Based on these rates the valuation committee will derive a price which will be called as the current market rate. Additionally, the cost for tax and stamp duties will be added to the current market price as derived by the valuation committee which will finally be considered as the replacement cost. Private building and structure: The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation. The EA/IA with assistance from the Public Works Department (PWD) will determine the replacement cost of structures. The EA/IA will engage experts form PWD and the experts will carry out the field assessment of each property and will submit the report to the DC office. The EA/IA will ensure that the assessment is done keeping in consideration the market price and consultation with the owners by assessing sources, types and cost of materials, usage of the building and the cost related to labor and transportation etc. Community and government building and structure: Cash compensation (if opted by the community) at replacement value will be provided for properties/structures belonging to the community to enable construction of the same structure at a new location. The EA/IA will provide assistance in finding alternate locations. Trees and crops: The EA/IA will conduct the survey on unit prices of trees and crops affected by temporary or permanent land acquisition, in consultation with agriculture/horticulture experts. The compensation for crops will be calculated based the current market rate. The EA/IA will collect data on crops in the project area from the local department of agricultural extension. Subsequently, the unit/market rate for each crop will be determined in consultation with the department of agricultural extension. The unit prices for compensation of different species of fruit trees will be based on the market values of their fruits. For trees producing timber, 4 The application to MOL includes a detailed statement specifying whether the land mentioned in the application is needed for public or private purpose, the area of the land, sketch-map, purpose for which it could be used. 5 Under the project, a representative from the displaced persons is required to be a member of the property valuation advisory committee to ensure compensation for assets is at replacement value. 10 their unit prices will be based on species type, age, and quality. The cost for such trees will be collected after consultation with the divisional forest office. Business or sources of income: The EA/IA will conduct a detailed census survey which is to include actual monthly income of the DPs followed by a verification of the income data based on the tax payment (for titled business owners). In the absence of the authentic income proof, the unit price will be collected from the DP during the survey. 11 III. SOCIOECONOMIC INFORMATION A. Screening Exercise The EA and IA will be responsible for collecting necessary socio-economic details of the DPs and APs. Prior to the collection of detailed socio-economic information and undertaking detailed socio-economic survey will have to go through a screening exercise which will give some idea about the intensity of impact and accordingly the subproject and each tranche will be categorized for future action. The following checklist will be used to screen subprojects to identify the resettlement impacts of the subprojects:  Will the project require land? What is the quantity of land required?  What will be the estimated total number of persons affected?  Will the impact be permanent or temporary (during construction)?  Who owns the land? How is land currently used?  If private land is affected, how many landowners/tenants/sharecroppers will be affected?  If state land is affected, is it subject to traditional claim?  If state land is affected, are there any squatters or informal settlers?  What will be the estimated number of squatters?  Are there any houses, structures, trees and crops that will be affected (whether state or private land)?  How many households will be physically displaced?  Is there any public or community infrastructure?  Will small ethnic and vulnerable communities be affected?  What percent of product assets (income generating) will people lose? The EA/IA will be responsible for clearly documenting the answers to these questions in a table format. In addition, the EA/IA will submit to WB Involuntary Resettlement Impact Categorization Checklist in Appendix 1 for each tranche. Based on the screening, the following categories depending on the significance of probable involuntary resettlement impacts: Category A: if the project is likely to have significant involuntary resettlement impacts. A resettlement plan, including an assessment of social impacts, is required. Category B: if the project involves involuntary resettlement impacts that are not deemed significant (numbers of affected persons are less than 200). An abbreviated resettlement plan, including an assessment of social impacts, is required. Category C: if the project has no involuntary resettlement impacts. No further action is required. The involuntary resettlement impacts of an WB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The level of detail and comprehensiveness of the resettlement plan will be commensurate with the significance of the potential impacts and risks. B. Detailed Assessment and Survey The EA/IA will conduct socioeconomic survey(s) and a census, with appropriate socioeconomic baseline data to identify all persons who will be displaced or affected by the project and to assess the project’s socioeconomic impacts on them. This will be done as after the completion of detailed engineering design and 11 12 detailed measurement survey. Based on this survey, a social impact assessment will be done which will include potential social impacts, income and livelihood of displaced persons and gender-disaggregated information pertaining to the economic and socio-cultural conditions of displaced persons. The project’s potential social impacts and risks will be assessed against the requirements presented in this RPF and applicable laws and regulations of the jurisdictions in which the project operates that pertain to involuntary resettlement matters. As part of the social impact assessment, the EA will identify individuals and groups who may be differentially or disproportionately affected by the project because of their disadvantaged or vulnerable status. Where such individuals and groups are identified, the EA/IA will propose and implement targeted measures so that adverse impacts do not fall disproportionately on them and they are not disadvantaged in relation to sharing the benefits and opportunities resulting from development. Census Survey: The purpose of the census is to: (i) register who the potentially affected persons are; (ii) assess their income and livelihoods; and (iii) inventory of their assets affected due to the project; (iv) gender- disaggregated information pertaining to the economic and socio-cultural conditions of displaced persons. The census will cover 100% of affected persons. In addition to census survey, line route survey will also be carried out for assessment of transmission and distribution lines which will have profile of the lines along with the temporary impacts on crops and tress etc. Baseline Socio-economic Sample Survey: The purpose of the baseline socioeconomic sample survey of affected persons is to establish monitoring and evaluation parameters. It will be used as a benchmark for monitoring the socioeconomic status of affected persons. The survey will cover 10% of affected persons and 20% of significantly affected persons and may cover samples from the project impact zone. The survey will also collect gender- disaggregated data to address gender issues in resettlement. The survey will carry out the following: (i) preparation of accurate maps of the subproject area; and (ii) analysis of social structures and income resources of the population. C. Resettlement Action Plan The EA/IA will prepare a resettlement action plan (RAP), if the proposed project will have land acquisition, involuntary resettlement impacts and temporary impacts. The resettlement plan will be based on the social impact assessment and through meaningful consultation with the affected persons. The resettlement plan will be prepared based on the results of the census and from information drawn from the baseline socio-economic sample survey the database on affected persons should be completed before resettlement plan preparation. It will include the results and findings of the census of affected persons, and their entitlements to restore losses, institutional mechanisms and schedules, budgets, assessment of feasible income restoration mechanisms, grievance redress mechanisms, and results monitoring mechanisms. RAPs will comply with the principles outlined in this agreed RPF. These will be approved by WB prior to awarding of the contract. Disbursement of compensation payments and entitlements will be made prior to displacement. A resettlement plan will include measures to ensure that the displaced persons are (i) informed about their options and entitlements pertaining to compensation, relocation, and rehabilitation; (ii) consulted on resettlement options and choices; and (iii) provided with resettlement alternatives. During the identification of the impacts of resettlement and resettlement planning, and implementation, the EA will pay adequate attention to gender concerns, including specific measures addressing the need of female headed households, gender-inclusive consultation, information disclosure, and grievance mechanisms, to ensure that both men and women receive adequate and appropriate compensation for their lost property and resettlement assistance, if required, as well as assistance to restore and improve their incomes and living standards. The resettlement plan will specify the income and livelihoods restoration strategy, the institutional arrangements, 13 the monitoring and reporting framework, the budget, and the time-bound implementation schedule. An outline of a RAP is in Appendix 2. D. Gender Impacts and Mitigation Measures Female-headed households are considered a vulnerable group as per this RPF. Any negative impact of a project on female-headed households will be treated on a priority basis. The resettlement plan will formulate measures to ensure that socio-economic conditions, needs and priorities of women are identified and the process of land acquisition and resettlement does not disadvantage women. It will ensure that gender impacts are adequately addressed and mitigated. Women’s focus groups discussions will be conducted to address specific women’s issues. During disbursement of compensation and provision of assistance, priority will be given to female-headed households. 14 IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE The EA/IA will conduct meaningful consultation with displaced persons/affected persons, their host communities, and civil society for every project and subproject identified as having involuntary resettlement impacts. Meaningful consultation is a process that: (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Consultation will be carried out in a manner commensurate with the impacts on affected communities. The EA/IA will pay particular attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female headed households, women and children, small ethnic communities, and those without legal title to land. The EA/IA will submit the following documents to WB for disclosure on WB’s website: (i) a draft resettlement plan and/or resettlement framework endorsed by the EA/IA before project appraisal; (ii) the final resettlement action plan endorsed by the EA/IA after the census of affected persons has been completed; (iii) a new resettlement plan or an updated resettlement action plan, and a corrective action plan prepared during project implementation, if any; and (iv) the resettlement monitoring reports. The EA/IA will provide relevant resettlement information, including information from the above mentioned documents in a timely manner, in an accessible place and in a form and language understandable to affected persons and other stakeholders. In case there is no impact and no RAP, the EA/IA will make disclosure of the same informing the main villages, habitations, market places along the project area that no land or structure, irrespective of their title will be affected by any activities of this project. The report of this disclosure giving detail of date, location will be shared with WB. The details on consultation process and disclosure at various phases of project development including the responsible agency are described in Table 4. Table 4: Consultation and Disclosure Roles and Responsibilities Project Phase Activities Details Responsible Agency 14 15 Project Phase Activities Details Responsible Agency Project Initiation -Subproject information -Leaflets posted or distributed EA/IA Stage dissemination on various containing information on the components. project. -Disclosure of -Public notice issued in public preliminary plans for places including newspapers and proposed land direct consultation with DPs acquisition. /DPs. -Preliminary Information sharing about the tentative alignment/sites with the DPs in case of temporary impact on business, income and livelihood. RAP -Further consultations with DPs EA/IA Preparation and households, titled and non- Phase titled. Stakeholder -Summary RPF made available consultations. to all DPs at the convenient place which is easily accessible and should be in local language. Disclosure of final entitlements and RAPs disclosed to all DPs in rehabilitation packages EA/IA local language and disclosure of draft RAP. -Review and approval of RAP by EA. -Review and clearance of RP by World Bank (prior to award of Finalization of RAP. EA/IA contract). Web disclosure of the RAP. Disclosure of the Final RP to DPs RAP -Continued discussions and Implementation information disclosure to DPs; Stage -Payment of entitlements (all compensation must be paid before displacement occurs. -Grievance Redress Mechanism activated. Ongoing consultation -Written notification from EA/IA/Implementing with DPs during RAP EA/IA to WB that all NGO implementation. compensation paid before displacement occurs. Construction can begin on sections where compensation is paid and community notified of start date of civil works. - DPs with unresolved 16 Project Phase Activities Details Responsible Agency grievances or disputes over land ownership, compensation amounts, etc. are notified of any compensation payments set aside by EA/IA in separate escrow accounts to be paid when disputes are resolved. DP = affected persons, DP=displaced persons, EA = executing agency, IA = implementing agency, NGO= nongovernment organization, RPF = resettlement policy framework, RAP = resettlement action plan. 17 V. INCOME RESTORATION AND RELOCATION Income restoration assistance to the displaced persons includes both short and medium term strategies. Short term income restoration strategies are for immediate assistance during relocation and include the following: (i) Compensation for land, structures, crops, fruit bearing trees, and all other lost assets is paid in full before displacement occurs; (ii) Assistance in finding replacement land or alternate location for continuation of livelihood/living arrangements; (iii) Where provision of alternative sites is not feasible (for temporary impacts), compensation of lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher); (iv) Shifting allowance for re-establishing business elsewhere based on actual cost of moving/unloading; (v) 60 days’ advance notice to shift business or harvest standing seasonal crops (if harvest is not possible, compensation for share of standing crops at market rates); (vi) One time assistance for lost income based on three months lost income (at replacement cost) or minimum wage rates (whichever is higher); (vii) Consideration for project employment; (viii) For vulnerable households, additional subsistence allowance equivalent to Tk 10,000/HH for restoring or enhancing their livelihood. Vulnerable households will be prioritized in any project employment; (ix) Provision of temporary access where possible to continue business; and, (x) Restoration of affected land, structure, utilities, common property resource for continuation of business after construction is completed. Medium-term income restoration activities will include skill development training based on need. This will be needed in case the IR impacts are severe and significant. The EA/IA will identify suitable local training institutes and pay fees directly to the training institution with names of entitled person(s). Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; (ii) training for self-employment to agricultural laborers. Training for self-employment and skill development which may include but not limited to (i) plumbing; (ii) electrical; (iii) automobile repair; and (iv) electronic repair and service. Training will be imparted to any willing DP losing income or livelihood. During the construction stage, the DPs, especially vulnerable DPs, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the DPs employable, the EA/IA will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to the DPs. 17 18 GRIEVANCE REDRESS MECHANISM The EA/IA will ensure that the public, particularly those directly affected by the project components will have the chance to express their legitimate grievance or to file a complaint about the project by setting up a mechanism to address the issues raised. A two-tier bottom up GRC system will be established in this Project. First, there will be GRCs at the local level, hereafter called Local GRC (union/municipality level); and second, GRC at the project level to give room for grievances to be fairly reviewed. These GRCs will be established through gazette notifications from the Ministry. The APs will be informed through public consultation that they have a right to have their grievances redressed by the local committees as well as by the project management. Generally, grievances are compensation-related. To provide a more structured local level GRM, project-level grievance redress mechanism, a grievance redress committee (GRC) will be formed as soon as the funding of the project becomes effective and will continue until project completion. The members of GRC will ensure representation of women and will slightly vary between the components of the project. The PIU Manager will act as the convener and members of the GRC will be representative from the factory, chair of the union where the project is located, a witness for the AP, and a representative from a local group (i.e. religious, teacher, etc.). There will be two entry points in filing a complaint(s) as follows: First level – affected persons (APs) will be informed in writing to the chair of the enterprise of leather/plastic or foot-wear industry of their losses and entitlements. If APs agree with the conditions of entitlements, they can claim for the payments from the EA. GRCs at the union/municipality level (community level) will be formed with representatives from factory/industry, local elected representatives from the Local Government Institutions (LGI), representatives of the affected persons (preferably women representative in case of women AP’s), and RAP implementing NGO. There will be one GRC at local (union/municipality) level by the project to make it accessible to affected people both in terms of distance and time. Second level – if the APs disagree, he/she can approach PIU for clarifications. The PIU will respond to queries within two weeks. Grievances raised will be documented providing details on the person, concern(s) raised, and the action taken by the PIU. If the AP(s) is satisfied, the compensation can be claimed from the PIU. The Project-Level GRC will review all unresolved cases forwarded to by Local GRCs. It will be headed by the Project Director (PD). The Project-level GRC with representation of senior elected Upazila official and civil society member will further establish fairness and transparency in the resolution of disputes or grievances. In specific cases, Project-level GRC may seek legal advice from the INGO Legal Advisor or any external legal advisor, if required. The GRC will meet once a month to deliberate on the complaint(s), if any and will keep a record of the grievances. The record will include the contact details of the complainant, date the complaint was received and the nature of the complaint, agreement on corrective actions and the date it was enforced, and the final outcome. Complaints received, with appropriate documentation, will become part of the environmental and social monitoring reports submitted to WB. If the project component will not involve compensation on entitlements, the current GRS will deal with project-specific environmental and social concerns/issues. PIU will ensure that the grievance redress mechanism maintains a transparent process that is gender and special needs-responsive, culturally- appropriate and easily accessible to all project affected people at no costs and without retribution. The 18 19 proposed mechanism does not impede access to the country’s judicial or administrative remedies. The flow diagram of the grievance resolution process is shown in Figure 1. District Judge’s Court Approach to Court for final verdict Decision Accepted IA/INGO for Payment Recommendation for Claim Rejected compensation PD for Approval Approach to PGRC for review Decision Accepted Approach to Decision Accepted Court for final Recommendation for Claim Rejected verdict compensation Not Redressed Redressed GRC Hearing within 4 weeks of lodging the claim at LGRC Complaints under Not under Arbitration or Law and be settled as per RP Referred to DC Arbitration or existing policy LA Law Scrutinize complaints by GRC LGRC members Application submitted to GRC through INGO  IA Representative  INGO Representative  LGI Representative Aggrieved Persons  APs Representative (Male- 1, Female-1) 20 VI. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION MECHANISM A Project Implementing Unit (PIU) will be established at the Ministry of Commerce. It will consist of a Project Director, technical staff, a Procurement Specialist, a Financial Management Specialist, a Safeguards Specialist and a Monitoring and Evaluation (M&E) Specialist. The PIU will rely on point persons in each industry association for coordination purposes and a firm will be hired under international competitive bidding, with a performance clause, to boost the technical capacity of the PIU for its daily work. The PIU will report on a quarterly basis to a Project Steering Committee chaired by the Minister of Commerce and including representatives from the Ministry of Industries, Ministry of Labour and Employment, Ministry of Textiles and Jute, and the Bangladesh Investment Development Authority (BIDA) in addition to the Chairmen of the Bangladesh Finished Leather, Leather Goods and Footwear Exporters Association (BFLLFEA), Leather Goods & Footwear Manufacturers & Exporters Association of Bangladesh (LFMEAB), the Bangladesh Tanners Association (BTA), the Bangladesh Engineering Industry Owners Association (BEIOA), the Bangladesh Electrical Merchandise Manufactures Association (BEMMA), and the Bangladesh Plastic Goods Manufacturers & Exporters Association (BPGMEA). Advisory boards for sub-components 2.1, 2.2 and component 3 will also be established that will consist of representatives from the private sector, civil society, and service providers such as institutes of learning. The M&E activities will be aided by an enterprise survey covering the four target sectors that is funded by the Bangladesh Let’s Work Partnership program and that will produce baseline data. The survey will be replicated at the end of the project and financed by the IDA credit in order to produce an impact evaluation. VII. IMPLEMENTATION ARRANGEMENTS The Resettlement Policy Framework (RPF) and Small, ethnic and other vulnerable communities’ development framework (SEVCDF) implementation requires an organization support structure in the form of organizational requirements, training needs and plan, and information management system. The Project Implementing Unit (PIU) as mentioned above ensure (i) Project Oversight and Policy Direction, (ii) Project Coordination and Management, and (iii) Project Implementation. A. Project Level A central Project Steering Committee (PSC) will take the lead in overseeing and monitoring of the implementation of components and this unit will periodically supervise and monitor the safeguard implementation performance and include the progress/results in the Project Progress Report. The PSC will provide an apex platform/forum for overall guidance, policy advice/decision, and coordination of project activities addressing inter-agency issues that may arise during project implementation. The PSC will oversee, (a) Compliance with measures agreed with the World Bank on the basis of the findings and results of the Screening, as set out in the project documents; 21 (b) The status of mitigation measures; and (c) The findings of monitoring programs. The Safeguard Specialist will provide support to the PIU throughout the EA (Each industry association) process with advice, training, dissemination of good practice, and operational support. B. Component Level During project implementation, Project Implementation Units (PIU) responsible for each Component will ensure effective implementation of safeguard measures in close consultation with local authorities and local communities. The PIU will assign at least one full time staff as the safeguard focal person to be responsible for forging effective implementation of safeguard activities in each of the project locations. Each industry association will select one focal person to coordinate with PIU. The PIU will be responsible for incorporating social considerations in bidding and contractual documents. During implementation, the PIU will assign local officials to be responsible to monitor safeguard issues. The results will be part of the component progress report and the safeguard focal point will be responsible for ensuring proper documentation of safeguard activities. The organizational flowchart is shown in Figure 2, Figure 2: Implementation Arrangement Table 3: Roles and responsibilities of project implementation team Responsible Action Time Major Activities Output Unit Frame Project Steering Guide overall Safeguard Performance of Oversight and Throughout project Committee the project monitoring life cycle 22 Responsible Action Time Major Activities Output Unit Frame (PSC) Obtain safeguard Clearance from World Bank Safeguard Monitor key activities and track Instructions to PIU Throughout project Specialist, PIU performance. life cycle Identify and correct problems. Keep adequate records of performance. Conduct periodic safeguard management system audits Capacity development of PIU and professionals of implementing agencies C. Capacity-Building Needs of EA/IA The following areas for capacity building will be included in the Investment Program to ensure that EAs comply with WB’s requirements:  Familiarization with and compliance to OP 4.12 and training on how to incorporate environmental and social safeguards consideration in project development, implementation and operation;  Development of public information material on social safeguards and safety;  Development of manual, and training on handling and resolving complaints that may arise from each trance; and,  Training on and assistance for awareness-raising and information campaign targeting households living and working close to transmission lines to avoid risks.  Training on specific social safeguard issues such as: (i) principles and procedures of land acquisition; (ii) Public consultation and participation; (iii) Entitlements and compensation & assistance disbursement mechanisms including livelihood restoration and relocation; (iv) Grievance redress; (v) Implementation of RAP; and (vi) Monitoring of resettlement operations and its reporting etc. D. Implementation Schedule The RAP implementation schedule will vary after the project alignment is fixed. In line with the principles laid down in this RPF, the executing agency and implementing agency will ensure that project activities are synchronized between the resettlement plan implementation activities. The EA/IA will ensure that no physical/or economic displacement of affected households will occur until: (i) compensation at full replacement cost has been paid to each displaced person for project components or sections that are ready to be constructed; (ii) other entitlements listed in the resettlement plan are provided to the displaced persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by adequate budget, is in place to help displaced persons, improve, or at least restore, their incomes and livelihoods. Furthermore, all RAPs will be revised and updated during detailed design/change of design, and WB will clear all RAPs prior to contract award. All land required will be provided free of encumbrances to the contractor prior to handing over of project sites and the start of civil works. The implementation of RAP will include: (i) identification of 23 cut-off-date and notification, (ii) verification of losses and extent of impacts, (iii) finalization of entitlements and distribution of identity cards, (iv) consultations with APs on their needs and priorities, and (v) resettlement, provision of compensation and assistance and its disbursement, and income restoration for DPs/APs. Construction works can then begin on sections where compensation has been paid. 24 VIII. BUDGET AND FINANCING Detailed budget estimates for land acquisition and involuntary resettlement will be prepared for each RAP, by the EA/IA with the help from PIU which will be included in the overall project estimate. The budget will include (i) detailed costs of land acquisition, assistance, relocation, and livelihood, income restoration and administrative cost, (ii) source of funding, (iii) arrangements for approval, and (iv) the flow of funds and contingency arrangements. All land acquisition funds will be provided by the EA/IA. All land acquisition, compensation, assistance, relocation and rehabilitation of income and livelihood will be considered as an integral component of project costs. The EA/IA will deposit the money to the concerned department for the disbursement of compensation to the affected people for land acquisition and resettlement. However, in the case of assistance and other rehabilitation measures, the EA/IA through their PIU will directly pay the money or any other assistance as stated in the resettlement plan to affected persons by means of a check or direct deposit payment into their individual bank accounts. The EA/IA will keep provisional money out of its annual plan including contingency for the resettlement cost and this provisional amount will be planned at the early stage of their annual plan so that the resettlement process won’t get delayed. IX. MONITORING AND REPORTING A. Internal Monitoring Monitoring will be the responsibility of the EA/IA. The implementation of RAP will be closely monitored. Regular monitoring activities will be carried out internally by PIU to provide WB with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. The extent of monitoring activities, including their scope and periodicity, will be commensurate with the project’s risks and impacts. Monitoring will involve (i) administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis; (ii) socio-economic monitoring during and after any resettlement impact utilizing baseline information established through the socio-economic survey undertaken during project sub-preparation; and (iii) overall monitoring to assess status of affected persons. The EA/IA is required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit semiannual monitoring reports on their implementation performance. The EA/IA through its PIU will (i) monitor the progress of implementation of safeguard plans, (ii) verify the compliance with safeguard measures and their progress toward intended outcomes, (iii) document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports, (iv) follow up on these actions to ensure progress toward the desired outcomes, and (v) submit semiannual monitoring reports on safeguard measures as agreed with WB. Monitoring will include daily planning, implementation, feedback and troubleshooting, individual affected person file maintenance, community relationships, dates for consultations, number of appeals placed and progress reports. The EA/IA through its PIU will be responsible for managing and maintaining affected person databases, documenting the results of the affected person census. Monitoring reports documenting progress on resettlement implementation and resettlement plan completion reports will be provided by EA/IA through its PIU to WB for review. The monitoring reports will be posted to WB website. A sample monitoring report format is provided in Appendix 5. 25 X. PUBLIC DISCLOSURE The Project will disclose RAP to the public in Bangladesh by posting it in its website, and authorize the World Bank to disclose it at its Country Office Information Center and in its Infoshop. The Project will also ensure that copies of the translated document are made available at its headquarters and site offices established during the implementation period. As to disclosure, the Project will inform the public through notification in two national newspapers (Bangla and English) about the ECFJ project and where it could be accessed for review and comments 26 XI. APPENDIX 1: INVOLUNTARY RESETTLEMENT IMPACT CATEGORIZATION CHECKLIST Probable Involuntary Resettlement Effects Not Yes No Remarks Known Involuntary Acquisition of Land . 1. Will there be land acquisition? 2. Is the site for land acquisition known? 3. Is the ownership status and current usage of land to be acquired known? 4. Will easement be utilized within an existing Right of Way (ROW)? 5. Will there be loss of shelter and residential land due to land acquisition? 6. Will there be loss of agricultural and other productive assets due to land acquisition? 7. Will there be losses of crops, trees, and fixed assets due to land acquisition? 8. Will there be loss of businesses or enterprises due to land acquisition? 9. Will there be loss of income sources and means of livelihoods due to land acquisition? Involuntary restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, communal facilities and services? 11. If land use is changed, will it have an adverse impact on social and economic activities? 12. Will access to land and resources owned communally or by the state be restricted? Information on Displaced Persons: Any estimate of the likely number of persons that will be displaced by the Project? [ ] No [] Yes If yes, approximately how many? Are any of them poor, female-heads of households, or vulnerable to poverty risks? [] No [ ] Yes Are any displaced persons from indigenous or ethnic minority groups? [ ] No [ ] Yes Note: The project team may attach additional information on the project, as necessary. 26 27 XII. ANNEX 2: OUTLINE OF RESETTLEMENT PLAN 1. The comprehensiveness of a resettlement plan would be according to the potential involuntary resettlement impacts/ risks and size of the project. The resettlement plan must adequately addresses all involuntary resettlement issues pertaining to the project, describes specific mitigation measures that will be taken to address the issues and outlines institutional requirement and resources required to implementation of the RAP. The following outline of RAP is suggested for the present project. A. Executive Summary 2. This section provides a concise statement of project scope, key survey findings, entitlements and recommended actions. B. Project Description 3. This section provides a general description of the project, discusses project components that result in land acquisition, involuntary resettlement, or both and identify the project area. It also describes the alternatives considered to avoid or minimize resettlement. Include a table with quantified data and provide a rationale for the final decision. C. Scope of Land Acquisition and Resettlement 4. This section: (i) discusses the project’s potential impacts, and includes maps of the areas or zone of impact of project components or activities; (ii) describes the scope of land acquisition (provide maps) and explains why it is necessary for the main investment project; (iii) summarizes the key effects in terms of assets acquired and displaced persons; and (iv) provides details of any common property resources that will be acquired. D. Methodology for Impact Assessment 5. This section outlines the methodology and tools adopted for: (i) resettlement screening (ii) land acquisition planning (iii) socioeconomic survey (iv) census survey or inventory of assets and livelihood loss (v) consultation with stakeholders E. Socioeconomic Information and Profile 6. This section outlines the results of the social impact assessment, the census survey, and other studies, with information and/or data disaggregated by gender, vulnerability, and other social groupings, including: (i) define, identify, and enumerate the people and communities to be affected; (ii) describe the likely impacts of land and asset acquisition on the people and communities affected taking social, cultural, and economic parameters into account; (iii) discuss the project’s impacts on the poor, indigenous and/or ethnic minorities, and other vulnerable groups; and 28 Appendix 4 (iv) identify gender and resettlement impacts, and the socioeconomic situation, impacts, needs, and priorities of women. F. Stakeholders Consultation and Participation 7. This section: (i) identifies project stakeholders, especially primary stakeholders; (ii) describes the consultation and participation mechanisms to be used during the different stages of the project cycle; (iii) summarizes the results of consultations with affected persons (including host communities), and discusses how concerns raised and recommendations made were addressed in the resettlement plan; and (iv) describes the process for consultation with affected persons during project implementation. G. Legal Framework 8. This section: (i) describes national and local laws and regulations that apply to the project and identify gaps between local laws and WB's policy requirements; and discuss how any gaps will be addressed. (ii) describes the legal and policy commitments from the executing agency for all types of displaced persons; (iii) outlines the principles and methodologies used for determining valuations and compensation rates at replacement cost for assets, incomes, and livelihoods; and set out the compensation and assistance eligibility criteria and how and when compensation and assistance will be provided. (iv) describes the land acquisition process and prepare a schedule for meeting key procedural requirements. H. Entitlements, Assistance and Benefits 9. This section: (i) defines displaced persons’ entitlements and eligibility, and describes all resettlement assistance measures (includes an entitlement matrix); (ii) specifies all assistance to vulnerable groups, including women, and other special groups; and. (iii) outlines opportunities for affected persons to derive appropriate development benefits from the project. I. Relocation of Housing and Settlements 10. This section: (i) describes options for relocating housing and other structures, including replacement housing, replacement cash compensation, and/or self-selection (ensure that gender concerns and support to vulnerable groups are identified); (ii) describes alternative relocation sites considered; community consultations conducted; and justification for selected sites, including details about location, resettlement planof sites, and development needs; (iii) provides timetables for site preparation and transfer; (iv) describes the legal arrangements to regularize tenure and transfer titles to resettled persons; (v) outlines measures to assist displaced persons with their transfer and establishment at new sites; (vi) describes plans to provide civic infrastructure; and Appendix 4 29 (vii) explains how integration with host populations will be carried out. J. Income Restoration and Rehabilitation 11. This section: (i) identifies livelihood risks and prepare disaggregated tables based on demographic data and livelihood sources; (ii) describes income restoration programs, including multiple options for restoring all types of livelihoods (examples include project benefit sharing, revenue sharing arrangements, joint stock for equity contributions such as land, discuss sustainability and safety nets); (iii) outlines measures to provide social safety net through social insurance and/or project special funds; (iv) describes special measures to support vulnerable groups; (v) explains gender considerations; and (vi) describes training programs. K. Resettlement Budget and Financing Plan 12. This section: (i) provides an itemized budget for all resettlement activities, including for the resettlement unit, staff training, monitoring and evaluation, and preparation of resettlement plans during loan implementation. (ii) describes the flow of funds (the annual resettlement budget should show the budget-scheduled expenditure for key items). (iii) includes a justification for all assumptions made in calculating compensation rates and other cost estimates (taking into account both physical and cost contingencies), plus replacement costs. (iv) includes information about the source of funding for the resettlement plan budget. L. Information Disclosure 13. This section: (i) describes the activities undertaken to disseminate project and resettlement information during project design and preparation for engaging stakeholders; (v) confirms disclosure of the draft resettlement plan to affected persons and includes arrangements to disclose any subsequent plans; and (vi) describes the planned information disclosure measures (including the type of information to be disseminated and the method of dissemination) during project implementation. M. Grievance Redress Mechanisms 14. This section describes mechanisms to receive and facilitate the resolution of affected persons’ concerns and grievances. It explains how the procedures are accessible to affected persons and gender sensitive. N. Institutional Arrangements 15. This section: (i) describes institutional arrangement responsibilities and mechanisms for carrying out the measures of the resettlement plan; (ii) includes institutional capacity building program, including technical assistance, if required; (iii) describes role of NGOs, if involved, and organizations of affected persons in resettlement planning and management; and 30 Appendix 4 (iv) describes how women’s groups will be involved in resettlement planning and management, O. Implementation Schedule This section includes a detailed, time bound, implementation schedule for all key resettlement and rehabilitation activities. The implementation schedule should cover all aspects of resettlement activities synchronized with the project schedule of civil works construction, and provide land acquisition process and timeline. P. Monitoring and Reporting 16. This section describes the mechanisms and benchmarks appropriate to the project for monitoring and evaluating the implementation of the resettlement plan. It specifies arrangements for participation of affected persons in the monitoring process. This section will also describe reporting procedures. Appendix 6 31