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Urban Public and Environmental Health Sector Development Program: Bangladesh

Draft Resettlement Framework

Document Stage: Draft for Consultation

Project Number: 39305

June 2009

A. Introduction

1. The Urban Public and Environmental Health Sector Development Program (UPEHSDP) will establish a sustainable approach to public and environmental health at the national level to guide and support city corporations (CC) and municipalities in improving the quality of life and economic status of urban residents, especially the poor. This will be achieved by a range of measures, including: (i) creating an Urban Public and Environmental Health Unit (UPEHU) under the Local Government Division (LGD) with a mandate to improve public health; (ii) improving staff and financial resources to enable CCs corporations and municipalities fulfil their responsibilities in public and environmental health; (iii) improving management of solid waste and hospital waste through municipality-managed public-private partnerships and other mechanisms; and (iv) improving food safety by providing food testing laboratories, food inspection services, and modern slaughterhouses.

2. UPEHSDP is designed to minimize land acquisition and resettlement impacts. CCs will (i) wherever possible utilize vacant government land and land within existing facilities for integrated waste treatment facilities, medical waste management units, food laboratories, modern slaughterhouses, and secondary waste transfer stations (STS); (ii) conduct extensive consultations from communities on the location of sub-projects; and (iii) avoid any impacts on houses and structures. The overall impacts will be further minimized through careful selection of sub-project sites and alignments during detailed design and sub-project implementation. Sample sub-project preparation indicates that involuntary resettlement impacts are temporary. A short resettlement plan (RP) has been prepared for the Integrated Waste Management Facility in Khulna, the only sample sub-project with involuntary resettlement impacts. The resettlement impacts of the sub-project is limited to 24 affected persons (APs) consisting of informal settlers (4 households) and temporary farm labourers, each considered to be vulnerable persons due to their non-titled or poverty status.

B. Resettlement Framework and Policy

3. The resettlement framework (RF) outlines the objectives, policy principles and procedures for land acquisition (if required), compensation, and other assistance measures for affected persons (APs). The RF is based on national laws The Acquisition and Requisition of Immovable Property Ordinance of 1982; and ADB’s Policy on Involuntary Resettlement, 1995. The RF provides a comparison of these documents and addresses gaps.

4. Core involuntary resettlement principles for UPEHSDP are: (i) acquisition of land will be minimized and will avoid the resettlement of people, as much as possible; (ii) local stakeholders will be systematically informed and properly consulted to identify the possible alternative subproject engineering and operational solutions in order to avoid or minimize the adverse impacts of land acquisition; (iii) disclosure to the public will be undertaken regarding the preparation of RPs, eligibility of APs, compensation, entitlements and special assistance measures to vulnerable groups; (iv) all APs will be properly identified and recorded in a survey instrument in which the cut-off date for their eligibility is the last day of the survey in the sub-project area; and all APs will be notified in advance when land for the sub-project will be acquired; (v) lack of formal legal rights to the assets lost will not prevent APs from receiving compensation, entitlement and rehabilitation measures; (vi) where resettlement cannot be avoided, relocation site(s) whether permanent or temporary, that are free from environmental risks and with access to adequate drinking water and sanitation, social services and all other services accessible in the previous location, will be provided prior to relocation, in consultation with APs and their hosts; (vii) any relocated APs will be provided with assistance to maintain or improve on their pre-sub-project living standards, income earning capacity, and production levels; (viii) special assistance measures will be incorporated into the resettlement implementation process to protect any socially and economically vulnerable groups that will be affected; (ix) an effective mechanism for arbitration of complaints and grievances will be provided during resettlement implementation; (x) institutional arrangements and human resources will be in place for consultation, liaison, land acquisition, resettlement and monitoring to ensure the effective implementation of resettlement prior to commencement of the sub-project; and (xi) compensation will be paid before displacement occurs and other resettlement assistance will be initiated prior to the award of civil works contract(s).

5. Loss of land, structures, assets, trees and crops will be compensated at replacement cost. Values determined by the Office of the District Commissioner (DC) will be verified through current land prices determined by independent land appraisers. The International Resettlement Specialist (IRS) and Domestic Resettlement Specialist (DRS), consultants at the Program Implementation Unit (PIU) level, will verify DC-determined costs as replacement cost of structures and other assets through a survey of construction materials. IRS and DRS will do the same verification for costs of trees and crops through a survey of market prices and consultation with agriculture/horticulture experts, and will undertake consultations with affected persons (APs) on replacement costs. Income losses are expected to be limited and temporary. Income restoration activities include the provision of short-term allowances and restoration of access to livelihood activities. Vulnerable households will be provided with additional assistance in the form of land-for-land replacement options, prioritization in sub-project employment, and an additional allowance for land and structure losses. Where vulnerable APs lose their livelihoods, UPEHSDP will provide training for new livelihoods in UPEHSDP-related activities and offer employment in this capacity by the CC after successful completion. For example a census of rag-pickers displaced from open dumpsites will be undertaken by UPEHSDP for inclusion in retraining for solid waste collection, sorting, and treatment.

C. Procedure for RP Preparation

6. RPs for sub-projects will be prepared as follows: (i) the Project Implementation Unit (PIU), with the assistance of Domestic Resettlement Specialist (DRS) and international Resettlement Specialist (IRS), will undertake socio-economic surveys for each identified sub-project, based on preliminary technical design; (ii) if impacts are found to be significant, full RPs will be prepared for the sub-project; (iii) if impacts are not significant, short RPs will be prepared; and (iv) RPs will include measures to ensure that socio-economic conditions, needs and priorities of vulnerable groups are identified and that the process of land acquisition and resettlement does not disadvantage any such persons. Consultants will include the IRS and DRS, who are familiar with ADB policy and procedures for the preparation of sub-project RPs. RPs will comply with national law, ADB’s Policy on Involuntary Resettlement 1995 and other social safeguard guidelines, and the policy and procedures set out in this RF. The sample sub-project RP will be used as a model for the preparation and implementation of other sub-project RPs. ADB approval of sub-project RPs and provision of compensation before displacement will be conditions of the civil works contract. The UPEHU will ensure that this RF is closely followed when an RP is prepared for a sub-project. The executing agency (EA) will further ensure that adequate resettlement budgets are delivered on time to the UPEHU and PIUs.

D. Institutional Arrangements

7. LGD of the Ministry of Local Government, Rural Development and Cooperatives (LGRDC) will be the EA for UPEHSDP. LGD will establish UPEHU which will function as the Program Management Unit (PMU). A Safeguards Officer (SO) to coordinate resettlement and environmental safeguards for UPEHSDP will be part of the Policy and Program Wing of the UPEHU. Program Implementation Units (PIUs) will be established in each City Corporation. The PIUs will include a Safeguards and Community Mobilization Officer (SCMO). A Design, Supervision, and Construction Consultant Team (DSCC) will be contracted to assist the UPEHU and PIUs in implementing and managing the investment sub-projects including resettlement planning. Towards this the IRS and DRS within DSCC will prepare and implement RPs in accordance with both ADB and Government of Bangladesh (GoB) policies and the RF during the feasibility and detailed design stage, and supervise resettlement planning during the construction process. The IRS and DRS will work in close coordination with UPEHU and PIUs.

E. Consultation, Disclosure and Grievance Redress

8. Extensive consultations were conducted during project preparation. Four workshops were held in Dhaka in July-August 2008 to discuss the UPEHSDP's objectives, components and projected impacts; and obtain stakeholder opinions. The workshops were attended by 115 participants including community representatives, nongovernmental organizations (NGOs) and Community Based Organizations (CBOs), local government officials, line agency representatives and other stakeholders. Five other similar workshops were conducted in Khulna, Comilla, Satkhira, Bogra and Tongi. Further public consultations on social safeguards were held in January 2009 in each CC in which sample sub-projects are proposed (Dhaka, Chittagong and Khulna). In each case a presentation was given providing an overview of potential resettlement impacts and explaining proposed entitlements for APs. A local-language version of the summary RF was also distributed. Participants invited were: communities directly affected by the proposed sub-projects, representatives of the CC, representatives of local NGOs, and representatives of local government agencies. Issues raised during consultations were addressed in the RF and sample RP and will also be taken into account in RPs for future sub-projects. A framework for consultations and community participation is described in the RF for continuing the process during implementation. All RPs and other relevant documents will be made available at public locations in the CCs and will be disclosed to a wider audience via the ADB website.

9. Grievances of APs will first be brought to the attention of the DRS and SCMO within the relevant PIU. Grievances not redressed by these parties will be brought to the Grievance Redress Committee (GRC) constituted for each CC. The GRC will comprise representatives from the office of the PIU and the office of the CC CEO, APs, a female elected member of the CC and the SCMO and DRS, and chaired by the CC CEO. The GRC will meet every month and will determine the merit of each grievance and resolve all grievances within 15 days of receiving the complaint. GRC procedure includes an appeals procedure for the AP who can, if not satisfied with the GRC decision, attend the next case and present any additional information for reconsideration of the case. Grievances not redressed by the GRC to the satisfaction of the AP will be considered by the Program Steering Committee (PSC) or the DC for grievances related to land acquisition. Any remaining grievances may be referred by APs to the appropriate courts of law. Records will be kept of all grievances received, including: contact details of complainant; date the complaint was received; nature and details of grievance; agreed corrective actions and date these were effected; and the final outcome.

F. Monitoring and Evaluation

10. Internal monitoring will be undertaken by UPEHU and the PIUs with assistance from the IRS and DRS (who will gather information on RP implementation). All activities listed will be illustrated on Gantt Charts showing the target dates for completing resettlement activities. Internal monitoring reports will be prepared by the PIU and will assess: (i) accomplishments to date; (ii) objectives attained and not attained during the period; (iii) problems encountered; and (iv) targets for the next quarter. Internal monitoring reports will be integrated by UPEHU into the quarterly Program Progress Report (PPR) submitted to ADB. UPEHU will engage an independent monitor to conduct external monitoring, which will include compliance monitoring and social impact evaluation.

G. Resettlement Budget

11. Detailed budget estimates for involuntary resettlement will be prepared by UPEHU for each RP, and the total will be included in the overall budget for the sub-project. All land acquisition and resettlement funds will be provided by the EA and land acquisition, compensation, relocation, and rehabilitation of income and livelihood will be considered as an integral component of sub-project costs.

Download the entire report here (.pdf) External link.

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