due diligence report of proposed projects by gilgit baltistan … · 2020-03-03 · due diligence...

Due Diligence Report Document stage: Draft Date: January 2020

PAK: National Disaster and Risk Management Fund Loan No. 3473-PAK

Due Diligence Report of Proposed Projects by Gilgit Baltistan Public

Works Department

Mitigation of Disaster Risk in Gilgit Baltistan in Collaboration with NDRMF

(Cost Rs. 716.509)

This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

National Disaster Risk Management Fund (NDRMF)

LIST OF ABBREVIATION ADB Asian Development Bank

ARE Assistant Resident Engineer

COI Corridor of Impact

DDR Due Diligence Report

DDMA District Disaster Management Authority

ESMS Environmental and Social Management System

EMP Environmental Management Plan

FGD Focus Group Discussions

FIP Fund Implementation Partner

GoP Government of Punjab

GRC Grievance Redress Committee

GRM Grievance Redress Mechanism

IEE Initial Environmental Examination

IR Involuntary Resettlement

IP Indigenous People

LAR Land Acquisition & Resettlement

LARP Land Acquisition & Resettlement Plan

NDRMF National Disaster & Risk Management Fund

NGO Non-Governmental Organization

NDMA National Disaster & Management Authority

PID Punjab Irrigation Department

PDMA Provincial Disaster Management Authority

RAP Resettlement Action Plan

REA Rapid Environmental Assessment

RE Resident Engineer

RoW Right of Way

RD Reduced Distance

SPS Safeguard Policy Statement

ToR Terms of Reference

Contents

A. Introduction ......................................................................................................................................... 1

B. Project Components .......................................................................................................................... 2

B1. Flood Protection Works – Stone Masonry ............................................................................. 2

B2. Flood Protection Works – Gabion Structure........................................................................... 2

B3. Flood Protection Works – Concrete Retaining Wall .............................................................. 2

C. Location Map ...................................................................................................................................... 2

D. Environmental & Social Impacts and Mitigation ............................................................................ 3

Social Safeguard Due Diligence .............................................................................................................. 4

E. Legal Policy Framework .................................................................................................................... 4

F. Socio- economic Profile of the Area ................................................................................................ 5

G. Screening and Categorization of Subproject ................................................................................. 6

H. Land Acquisition and IR Impacts ..................................................................................................... 6

H.1. Right of Way (ROW) & Corridor of Impact (CoI) ................................................................... 6

H.2. Land Use ..................................................................................................................................... 6

H.3. Voluntary Land Donation ......................................................................................................... 7

I. Indigenous Peoples Safeguards ...................................................................................................... 7

J. Institutional Arrangements ................................................................................................................ 7

K. Implementation Schedule ................................................................................................................. 8

L. Grievance Redress Process ............................................................................................................. 8

M. Consultation and Participation ......................................................................................................... 9

N. Monitoring and Evaluation .............................................................................................................. 10

O. Conclusion......................................................................................................................................... 10

P. Recommendations ........................................................................................................................... 11

Annexures Annexure I-Involuntary Resettlement impact categorization……………………………………….12 Annexure II-Indigenous people impact categorization ……………………………………………..15 Annexure III-Environment Screening & Categorization Form (ESCF)…………………………….21

Annexure IV-Google Images of Proposed Sites……………………………………………………..28 Annexure V-Public Consultation at Site………………………………………………………………33 Annexure VI-Proposed Structure Drawings/Sections……………………………………...…….….34 Annexure VII-Voluntary Land Donation Framework…………………………………………………35

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A. Introduction

1. National Disaster Risk Management Fund (NDRMF) is institutionalized to make Pakistan resilient against disasters by strengthening the government and private institutions’ ability to respond to future disasters triggered by natural hazards. NDRMF focuses on: (i) disaster risk reduction; (ii) design, development and seeding of disaster risk financing strategies and instruments; and (iii) partnerships with other organizations to provide relief and recovery support.

2. NDRMF supports existing government entities and civil society organizations, involved in disaster risk management, including the National Disaster Management Authority (NDMA), Provincial Disaster Management Authorities (PDMA), District Disaster Management Authorities (DDMA), etc.

3. Gilgit-Baltistan, owing to its geographical position is prone to a number of natural disasters like floods, earthquakes and landslides/ avalanches and road traffic accidents causing loss of human lives and destruction of property and dislocation of a large number of people.

4. Communication and Works Department, GB has proposed a flood protection scheme throughout province in different districts to mitigate the flood situation in the province. Present study is carried out on the basis of 10% sample prototype schemes and it will be updated once the sites and design of the sachems will be finalised. Prototype designs are attached as Annexure-V for each of the proposed civil structure.

5. C&W Department has proposed schemes in 10 districts. Total 11 schemes of flood protection have been identified on the following locations:

Sr.No. Name Of Scheme

Co-ordinates

Latitude Longitude

1 District Gilgit

i Construction of Protective Work At Basin Khari Gilgit 35°55'31.73"N 74°17'28.56"E

ii Construction of Protective Work At Jaghote Colony Jutal 36° 0'56.44"N 74°18'12.38"E

2 District Skardu

iii Construction of Protective Bund at Hoto Skardu 35°19'53.90"N 75°34'26.17"E

3 District Ghanche

iv Construction of Protective Bund at Khaplu Ghanche 35°11'8.97"N 76°22'27.34"E

4 District Nagar

v Construction of Protective Bund at Skanderabad Nagar 36°14'41.25"N 74°22'8.46"E

5 District Hunza

vi Construciton of Diversion Weir and Head Works at Ulter Nullah Hunza 36°20'6.37"N 74°40'30.27"E

6 District Shigar

vii Construction of Protective Work Thorgmo Shigar 35°29'10.02"N 75°38'37.12"E

7 District Kharmung

viii Construction of Protective Work at mehdi Abad 34°57'54.30"N 76° 9'59.10"E

8 District Astore

ix Construction of Protective Bund at Neeli Gali shugrut at Astore 35°22'36.84"N 74°52'31.55"E

9 District Ghizer

x Construction of Protective work at Dalnaty 36° 5'35.16"N 73°59'59.57"E

10 District Diamer

xi Construction Protective Bund at Gais Pain & Gais Bala Chilas 35°24'19.92"N 74°22'12.92"E

B. Project Components

6. Following are the technical parameters for proposed structures:

I. X-Section: High above HFL 4ft II. Base Width: 12 to 18 feet wide, Top width: 4 feet wide

III. Type of structure: Gabian 8SEG double twist with stone well packed dry masonry IV. Cemented Protective work with 1:6 Cement/ Mortar rubble masonry V. Protective Bunds along infrastructure VI. Rubble Masonry along Infrastructure

VII. X-Section with 4 feet wide at bottom and 2 feet wide at top VIII. Depending on Height of wall not more than 8 feet

B1. Flood Protection Works – Stone Masonry

7. Stone masonry structure is proposed along flood drainage and rivers where flow of water is high but has low thrust.

B2. Flood Protection Works – Gabion Structure

8. Gabion structure is proposed along streams where flow of water is high but has moderate thrust. Owing to its massive section, it guards against flash floods and turbulent water.

B3. Flood Protection Works – Concrete Retaining Wall

9. It is proposed in areas where damages to land and buildings can result in huge losses.

C. Location Map

Location map for the proposed structures is as following:

D. Environmental & Social Impacts and Mitigation

10. The rehabilitation and up-gradation activities of the subprojects may cause certain limited environmental and social impacts in the respective project areas. Environmental screening has been carried out as part of this environmental due diligence exercise. Rapid Environmental Assessment (REA) is carried out and attached as annexure III. Standalone IEE study of the proposed project is carried out and furnished to the Bank. The salient features of IEE study are as following:

I. During earth work dust may be generated which will be mitigated through regular water sprinkling.

II. During the construction phase, noise pollution will be generated due to movement of heavy machinery. Filters and scrubs will be used with machinery to control smoke and noise.

III. Materials will be stored in designated open place in the material yard and yard will be properly barricaded.

IV. For health & safety of workers use of personal protective equipment, helmet, gumboot, hand gloves, safety jackets and belt should be geared up accordingly. Dust mask are mandatory to use on site. Health & safety awareness will be provided to contractor’s workers.

V. Earth works will be required for the restoration, raising or strengthening of the said flood bund and construction of cores of the spurs. This might have limited localized environmental impacts. Construction activities will be carried out within the RoW and no social or environmental impact will go beyond the CoI.

VI. Socio-environmental impacts may arise due to use of privately-owned land for camp construction/excavation of borrow material. The contractor will be made responsible through contract agreement that he will not use any private land without payment and without the consent of the community.

VII. Due to influx of external workforce, loss of vegetation, unattended residual wastes and occupational Health and Safety issues for labor and community may arise. Construction-related impacts such as air pollution, noise and use of community resources can be well mitigated through the proper implementation of the mitigation measures. Construction camp will be established on PID department’s land away from the settlements.

Social Safeguard Due Diligence

E. Legal Policy Framework

The land acquisition and resettlement aspects of the proposed project have been compared with Pakistan Land Acquisition Act (1894) and the ADB policy principles for the subprojects and are presented in the following table. The objective of this exercise is to identify the differences and gaps between the ADB assessment procedures and the requirements of Pakistan’s land law. In case, if there will be any change in scope of proposed project work, LARP will be prepared and implemented by adhering to ADB SPS 2009 and ESMS.

Table 1: Comparison of Pakistan's Land Acquisition Act and ADB Safeguard Policy Statement

Sr. No.

SPS 2009/ ESMS LAA 1894/ Government Laws

1 Screening and categorization of the project at early stage i.e. Due Diligence.

No need of screening and categorization.

2 Preparation and budgeting of DDR, IRP, LARP as per requirement of the proposed project.

Social Safeguard studied preparation and implementation is not required.

3 Lack of title should not be a bar to compensation. Requires equal treatment of those without clear land titles (e.g., squatters or other informal settlers) in terms of their entitlements for resettlement assistance and compensation for the loss of non-land assets.

Only titled landowners or customary rights holders are recognized for compensation.

4 Crop compensation is to be provided irrespective of the land registration status of the affected farmers/share croppers. Crops for two seasons Rabi (winter) and Kharif (summer) for full one year are to be compensated based on existing market rates and average farm produce per unit area.

Only registered landowners, sharecroppers and lease holders are eligible for compensation of crop losses.

5 Land valuation is to be based on current replacement (market) value with an additional payment of 15%. The valuation for the acquired housing land and other assets is the full replacement costs keeping in view the

Land and assets valuation is based on the median registered land transfer rate over the 3 years prior to Section 4 of the LAA being invoked.15% compulsory acquisition charges are paid over and above the assessed compensation. However,

fair market values, transaction costs and other applicable payments that may be required. Affectees are also allowed to take salvage material.

recent practice is that prices based on the average over the last one year prior to acquisition commencing is applied.

6 Information related to the quantification and valuation of land, structures, other immovable assets, entitlements and amounts of compensation and financial assistance are to be disclosed to the displaced persons prior to project appraisal period. This is to ensure that stakeholders are treated in a fair, transparent and efficient manner.

The decisions regarding land acquisition and the amounts of compensation to be paid are published in the official Gazette and notified in accessible places so that the people affected are well informed,

7 The ADB policy requires rehabilitation for lost income and special DP expenses during the relocation process. There are also provisions to be made for transitional period costs, and livelihood restoration. Particular attention must be paid to the poor and vulnerable groups, including women. A guiding principle is that DPs should at least be able to reach a defined minimum livelihood standard. In rural areas, DPs should be provided with legal access to replacement land and resources to the defined minimum livelihood level. In urban areas provision should be made for appropriate income sources and the legal and affordable access to adequate housing.

There is no provisions for income and livelihood rehabilitation measures. There are also no special allowances for vulnerable displaced persons including vulnerable groups such as women headed households. There are no requirements to assess opportunities for benefit sharing.

8 Resettlement plans are prepared in English and disclosed to the displaced peoples in local language (Urdu).

Prepare and disclose resettlement plans (RPs) - there is no law or policy that requires preparation of RPs.

9 Provide a continuous mechanisms/ set-up that are accessible locally and available throughout project implementation.

Grievance redress is established through the formal land acquisition process at a point in time or through appeals to the court.

10 All compensation and allowances to be paid prior to physical or economic dislocation.

Only compensation is paid but not resettlement allowances, there is no mechanism to ensure payment is made before displacement.

11 Prepare and disclose monitoring reports.

No requirements to prepare and disclose monitoring reports.

F. Socio- economic Profile of the Area

11. The existing socio-economic conditions around the proposed project is studied with respect to settlement pattern, population characteristics and Socio-economic resources. Gilgit-Baltistan is divided into 7 districts namely Astore, Diamer, Ghizer, Gilgit, Hunza Nagar, Ghanche and Skardu. Total area of GB is 72,496 square kilometers and the city has experienced rapid increase in population due to influx of migrants from the rural areas to the urban areas as well as other areas of the country. Unplanned urban growth is quite rampant in the area.

G. Screening and Categorization of Subproject

12. The project was screened for any potential LAR impacts. For screening purposes Involuntary Resettlement screening checklist attached as annexed-I was used. During screening it was confirmed that there is no house, structure, crop or tree standing in the ROW. The subproject design and construction activities will remain limited to the right of way (ROW) and will be carried out on state land. No construction will be carried out on private land and no structure will be relocated in any case. If resettlement or land acquisition will be involved, the location of the scheme will be changed or it will be dropped. If it will be inevitable the land will be obtained through VLD free from all incumbency. The RoW of the roads are already acquired and owned by C&W Department. Hence, project is categorized as “C” as there is no negative impact on people or land.

H. Land Acquisition and IR Impacts

13. GB is non-settled area. There is no land demarcation and revenue record for the province. The land demarcation and revenue record was developed in urban areas or where it was required by the government for any development project. The river beds and beds of water bodies are declared as state property. Only land having agriculture potential is distributed among communities and rest of the lands are declared as state land.

14. C&W department have given its consent that all the flood protection structures will be constructed in the beds of flood channels and it will be state land. Department have given assurance that there will be no problem of resettlement, displacement or land acquisition. The social safeguards screening checklist (annexure I) filled by the Department shows that no negative impact arises and no social safeguard will be invoked. There will be no forced displacement or land acquisition and it is also made part of GIP of the Department. It will be assured that if there will be any element of resettlement or land acquisition involved the proposed scheme will be dropped and new site will be selected.

H.1. Right of Way (ROW) & Corridor of Impact (CoI)

15. In case of flood protection structures, the proposed physical works will not impact the existing land use pattern. These civil structure will stand in the waterways. In case of flood protection and drought management structures the sites will be selected with the consensus of the community. The consultation process is ongoing. The selected land will be free from all incumbencies like encroachment, buildings, trees and agriculture land otherwise the site will be dropped and new site will be selected. 16. The construction activities will remain limited to construction site. Most of the flood protection structures will be constructed in water ways. The construction activities will remain limited in the water bed therefore, the construction impacts will be limited and no negative impact on population and settlements will arise.

H.2. Land Use

17. There will no change in land use as most of the civil work of flood management will be constructed in the flood channels or river beds. There will be no land acquisition and resettlement involved.

H.3. Voluntary Land Donation

18. Flood protection structure will be constructed on state land. However if any part of the structure goes in private land it will be obtained through voluntary land donation by the respective community or individual. As the department has practice of VLD and in most of the case these lands are communal. NDRMF has its own VLD policy, attached as annexure-VII. The FIP will be submit detail report on VLD once the site is finalized.

H.4. Dislocation of People and Assets

19. During screening it was confirmed that there is no house, structure, crop or tree standing in the ROW. The construction activities will be carried out with in the flood nullah bed, which is a water way and flood channel therefore the land is not used by community and belongs to C&W Department.

I. Indigenous Peoples Safeguards

20. No indigenous people are found in the selected districts as per IUCN’s definition of IPs, hence, no adverse impacts on such communities are anticipated due to the proposed works.

J. Institutional Arrangements

21. The C&W Department (Executing Agency) has overall responsibility for the project including preparation, implementation and financing of all DDR tasks and for cross-agency coordination. C&W will exercise its functions through the P&D office Gilgit. C&W is solely responsible for execution of the proposed project. NDRMF will provide financial share and M&E of the project during construction. ADB will also supervise the project and monitor the project activities. Following will be the institutional arrangements for the project execution:

i. Chief Engineer C&W Gilgit, will act as Resident Engineer and Executive Engineers will act as Assistant Resident Engineer and Sub-engineers will supervise all the construction activities on site.

ii. C&W field and head office staff is responsible for compliance of all E&S safeguards on ground.

iii. The staff in field is responsible for compliance of social safeguard on ground during project execution and manage following activities:

• Land measurement and demarcation

• Handing over of RoW to Contractor

• And resolution of any concerns of the community

iv. During construction to manage the social issues on ground are sole responsibility of RE and ARE and they will bind the contractor take care of all social safeguards and EMP.

v. Chief Engineer C&W Gilgit will discharge the responsibilities of Project Director. vi. Contractor will be responsible for the construction work and will also take care of all

social safeguards on ground i.e. not to tress pass in private lands, not to use soils from private lands and install its construction camps on barren lands away from populations.

vii. GRM will be notified dully by Chief Engineer C&W Gilgit before mobilization of contractor.

viii. Chief Engineer C&W Gilgit will also establish and notify a committee, who will be responsible for coordination and implementation on Due Diligence Reports, Short

Resettlement Plan (if required) and to address the social or community conflict if arises at site.

ix. Social and Environmental Inspectors and one representative of local community will also be formed to redress the grievances of the people at local level prior to commencement of civil works.

K. Implementation Schedule

22. Tentative implementation schedule for construction and execution of the proposed project is following:

Table 2: Tentative Implementation Schedule

Sr. No

Activities 2020 2021

Q-1 Q-2 Q-3 Q-4 Q-1 Q-2 Q-3 Q-3

1 Project Planning and Project Screening

2 Impact Assessment and Due Diligence

3 Approval of Due Diligence from ADB

4

Execution of the Project and Implementation of Due Diligence

5 M&E of The Proposed Project

6 Completion Report of the project

L. Grievance Redress Process

23. A grievance redress mechanism will be available to allow people for appealing against any disagreeable decision, practice or activity arising due to implementation of sub project. People will be fully informed of their rights and of the procedures for addressing complaints verbally or in writing during consultation, survey, and time of execution. The complaint and grievances will be addressed through process as described below:

I. People/surrounding communities will be informed about the GRC and its role and responsibilities. An office of Executive Engineer, representing Project Implementation Unit, C&W Department will be established at each subproject site for implementation and monitoring of subproject activities and will be an easy approach to the local people.

II. Firstly, the people will lodge their complaints to the local level GRC at site verbally or in written.

III. Minor and routine complaints will be resolved at local level by the field staff through informal mediation.

IV. C&W field staff will redress their grievances. If grievances do not resolve at local level then local level GRC will forward the case to the Project Level GRC to redress the grievances, which will resolve the grievances.

V. If still unsettled, a grievance can be lodged on the complaint register kept with Executive Engineer (C&W). Local level GRC will resolve such complaints in 30 days.

VI. If Complaint is not addressed at site it will be forwarded to Chief Engineer C&W Gilgit. VII. Chief Engineer C&W Gilgit will inform the plaintiff within seven days after receiving the

complaint and must resolve the complaint within 30 days.

VIII. Every complaint will be noted in the complaint register and logged of complained will be maintained and shared with NDRMF. If the complaint is not resolved at site, the complainant can send its complaints to Chief Engineer C&W Gilgat. Address email and phone number of Chief office will also be advertised on bill boards at site.

IX. If the grievance redress system fail to satisfy the complainants, they can further submit their case to the appropriate court of law / ombudsman court.

X. Executive Engineer is responsible for setting up the Grievance Redress Mechanism in the field.

XI. One window mechanism will be established at site. The procedure of complaint lodging process will be advertised and communicated to the communities through displaying of bill boards at site.

Figure 1: GRM Process Flow

M. Consultation and Participation

24. Comprehensive and meaningful consultation on site selection project design is in progress. C&W Department is carrying out the FGD on sites. The pictures of public consultation are attached as annexure -V. The results of focus group discussions, conducted on the project site showed a unanimous agreement among the respondents that there will be some dust pollution problems during construction time but in general, majority of people in project area are supportive to the proposed project for the security and disaster management of the area against flood protection.

Table 3: Details of Public Consultation Sessions

NDRMF

Chief Engineer C&W GB

Executive Engineer Ghizar

SDO/Project Level

GRC at site

Complaint Cell

Contractor’s Social and

Environmental Staff

Executive Engineer Astore

Executive Engineer Diamer

Executive Engineer Hunza Nagar

Executive Engineer Ghanchey

Executive Engineer Skardu

SDO/Project Level GRC

at site

SDO/Project Level GRC at

site

SDO/Project Level

GRC at site


at site


at site


Environmental Staff


Environmental Staff


Environmental Staff


Environmental Staff


Environmental Staff

Sr. No Venue No. of Participant Apprehensions Response 1 Skardu

24-11-19

16 Encroachment of Private Land Hindrance in traffic Movement

Contractor will work with in the RoW Traffic Management plan will be prepared & implemented

2 Ghanche 25-11-19

12 Use of Soil and stone from private lands

Contractor will bring soil and construction material only from designated quarries as per required specification. If the contractor needs earth material, it will buy through an agreement.

3 Nagar 26-11-19

08 Stoppage of work after initiation Employment during Project Execution

Contractor will have sufficient fund and work will not stop after its commencement till completion Local People will be prefer for labor works

4 Hunza 27-11-19

07 Delay in start of work Work will be commenced at the earliest after completion of planning works

N. Monitoring and Evaluation

25. Monitoring of DDR and EMP activities on daily basis are the responsibility of C&W GB. Internal monitoring will be carried out by NDRMF monitoring wing. Under this project, no external monitoring will be required, the internal monitoring would be enough to meet the safeguard requirement. However Social audit will be carried out by an external M&E consultant firm. The IM reports will be submitted to ADB.

O. Conclusion

26. Most of the interventions proposed by GB government are flood protection walls and bunds. Flood Protective Bunds like Gabian walls, doubled twist with stone well packed dry masonry walls structures are proposed in ten districts of GB by C&W department of GB. Totally 81 schemes of flood protection are identified but proper design and exact locations are yet not identified therefore, land ownership status is not cleared. However, FIP has ensured in its proposal documents and it is also made part of grant agreement that it will never go for land acquisition, resettlement or work in encroached area, if such situation arises, they will change the land or either go for VLD. Department confirms that all flood protection structures will be constructed within the flood channels and on state land. Department anticipates that there will be no land acquisition, resettlement or encroachments along the construction site. In the result of proposed interventions socio-economic condition of the area will be improved as employment will be generated during project execution. This DDR is prepared on the information of prototype

structures. Once the site and size of the structure is finalized on the bases of engineering design, this DDR will be updated on actual information.

P. Recommendations

27. Some of the unanimous recommendations by the public emerged out during public consultation are as following:

a. C&W Department shall adhere to the scope and original design of the project that has been agreed upon by all the major stakeholders before the start of civil works.

b. C&W Department shall always inform the local community before the start of any civil works. c. If any unanticipated impacts arise during the project implementation or there is any change

in the original design, the C&W Department shall immediately inform NDRMF and prepare a corrective action plan in accordance with the ESMS/SPS 2009.

d. NDRMF shall provide support to C&W Department staff in capacity building to execute the project within the given resources and time.

e. A committee of public representatives shall monitor the whole project’s execution. f. Meaningful stakeholder consultation sessions shall be held prior and during construction

phase to record and address the social concerns and ensure social acceptability. g. Occupational health and safety are the key impacts of the proposed project, which shall

carefully be dealt with for both the community and workers.

Annexure-I

Involuntary Resettlement impact categorization

Date: 24-07-19

A. Project Data

Country/Project No./Project Title: Mitigation of Disasters Risk in Collaboration with NDRMF in Gilgit-Baltistan

B. Involuntary Resettlement Category

[ ] New [ ] Re-categorization ― Previous Category [ ✔ ] No involuntary resettlement involve

Category A Category B ✔Category C Category FI

C. Comments by Project:

Most of the proposed interventions are flood protection walls and bunds. Flood Protective Bunds like Gabian walls, doubled twist with stone well packed dry masonry walls structures are proposed in ten districts of GB by C&W department of GB. Totally 81 schemes of flood protection are identified but proper design and exact locations are yet not identified therefore, land ownership status is not cleared. However FIP has ensured in its proposal documents and it is also made part of grant agreement that it will never go for land acquisition, resettlement or work in encroached area, if the situation arises they will change the land or either go for VLD. Department confirms that all flood protection structure will be constructed within the flood channels and on state land. Department anticipates that there will be no land acquisition, resettlement or encroachments along the construction site. In the result of proposed interventions socio-economic condition of the area will be improved as employment will be generated during project execution.

Field Team: C & W Department GB

Consultant:

D. Approval Sheraz Hussain DM (Social Safeguard)

Prepared by: C & W Department GB

Date: 24-07-19

Reviewed/Cleared by: ADB Safeguard Unit: Date:

Involuntary Resettlement Impact Categorization Checklist

Probable Involuntary Resettlement Effects (Please elaborate in the Remarks column)

Yes No Not

Known Remarks

Involuntary Acquisition of Land

1. Will there be land acquisition?

✔ Land will not be acquired in any case. If in any scheme land acquisition is involved, community will be asked for voluntary land donation. If community is not willing for VLD the subject scheme will be dropped or replaced.


Yes No Not

Known Remarks

2. Is the site for land acquisition known?

✔ Sites for infrastructure construction will be finalized after design finalization. Proposed sites are in flood nullah but no land will be acquired and no house will be resettled. C&W own the RoW of these flood channels. FIP has given assurance that no land will be acquired.

3. Is the ownership status and current usage of land to be acquired known?

✔ Flood schemes will be proposed on state land. On finalization of design land ownership will be confirmed. Department has given assurance that they will propose and it will make sure that these are proposed on government land.

4. Will easement be utilized within an existing right of way (ROW)?

✔ No land will be acquired and no house will be resettled. Only available government land will be used as RoW. Civil work will be carried out in available RoW.

5. Will there be loss of shelter and residential land due to land acquisition?

✔ Only government land, free from encroachment will be used for construction activities and construction will be carried out within the RoW. No shelter or residential structures will be disturbed.

6. Will there be loss of agricultural and other productive assets due to land acquisition?

✔ No agricultural land will be used, only bed of flood channel will be used otherwise scheme will be replaced or if very necessary will be done through VLD.

7. Will there be losses of crops, trees, and fixed assets due to land acquisition?

✔ Construction will be carried out on barren government land. If there will be any tree or any fixed asset, the place of construction will be changed. There will be no loss to land, tree or any other fixed assets.


Yes No Not

Known Remarks

8. Will there be loss of businesses or enterprises due to land acquisition?

✔ The construction will be carried out on mountains. And there is no loss to businesses or livelihood.

9. Will there be loss of income sources and means of livelihoods due to land acquisition?

✔ No loss of income resources or to means of livelihood.

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?

✔ No, only unproductive land will be used for flood management structures or water conservation structures.

11. If land use is changed, will it have an adverse impact on social and economic activities?

✔ There will be no change to land use pattern.

12. Will access to land and resources owned communally or by the state be restricted?

✔ Roads and ways of community will not be repressed.

Information on Displaced Persons:

Any estimate of the likely number of persons that will be displaced by the Subproject? [✔ ] No [ ] Yes

If yes, approximately how many? No house, structure or mean of livelihood will disturbed.

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

Annexure-II

Indigenous people impact categorization

Date: 24-07-19

Indigenous Peoples Impact Screening Checklist

According to IUCN definition, there is only one indigenous community in Pakistan refered to as Kalash which is located in District Chitral.

KEY CONCERNS (Please provide elaborations in the Remarks column)

YES NO NOT

KNOWN Remarks

A. Indigenous Peoples Identification


YES NO NOT

KNOWN Remarks

1. Are there socio-cultural groups present in or using the project area who may be considered as "tribes" (hill tribes, schedules tribes, tribal peoples), "minorities" (ethnic or national minorities), or "indigenous communities" in the project area?

✔ No indigenous community is present in the areas where FIP is going to carry out the project. Major Ethnic group in the project area is Baltis and minor ethnic groups include Shins, Yashkuns, Kashmiries, Pathans and Punjabies; These communities are not listed as indigenous. Reference: World Directory of Minorities and indigenous People. Government of Gilgit-Baltistan, Planning and Development Department, Statistical Cell (2013)

2. Are there national or local laws or policies as well as anthropological researches/studies that consider these groups present in or using the project area as belonging to "ethnic minorities", scheduled tribes, tribal peoples, national minorities, or cultural communities?

✔ No anthropological study or national law is invoked in the project areas as there are no traces of indigenous people in the project districts. Reference: World Directory of Minorities and indegneous People- Pakistan


YES NO NOT

KNOWN Remarks

3. Do such groups self-identify as being part of a distinct social and cultural group?

✔ The castes present in the project areas do not identify or claim themselves to be part of an indigenous community. Reference: Government of Gilgit-Baltistan, Planning and Development Department, Statistical Cell (2013)

4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories?

✔ As no group is identified as indigenous through screening, therefore, no such attachments are found. Reference: World Directory of Minorities and indegneous People.

5. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture?

✔ No group identified as institutionally distinctive from rest of the communities.


YES NO NOT

KNOWN Remarks

6. Do such groups speak a distinct language or dialect?

✔ Balti is the major language with Pashtu, Punjabi and Urdu as minor ones. No, group is screened out with distinct language. Reference: Government of Gilgit-Baltistan, Planning and Development Department, Statistical Cell (2013)

7. Have such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against?

✔ No marginalized community exists since there is no indigenous group. Reference: World Directory of Minorities and indigenous people


YES NO NOT

KNOWN Remarks

8. Are such groups represented as "Indigenous Peoples" or as "ethnic minorities" or "scheduled tribes" or "tribal populations" in any formal decision-making bodies at the national or local levels?

✔ Since the indigenous community does not exist in the project area, no group is represented as "Indigenous People" or as "ethnic minorities" or "scheduled tribes" or "tribal populations" in any formal decision-making bodies at the national or local levels. Reference: World Directory of Minorities and indigenous people Government of Gilgit-Baltistan, Planning and Development Department, Statistical Cell (2013)

B. Identification of Potential Impacts

9. Will the project directly or indirectly benefit or target Indigenous Peoples?

✔ As there is no indigenous community residing in the project area there will be no direct or indirect benefit to IPs, however, local communities will be benefitted from the project at large.


YES NO NOT

KNOWN Remarks

10. Will the project directly or indirectly affect Indigenous Peoples' traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance)

✔ There will be no direct or indirect impacts on Indigenous Peoples' traditional socio-cultural and belief practices as they do not exist in the project area.

11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status).

✔ Since there is no indigenous community in the project area hence, there will be no impact on their livelihoods so this is not relevant.

12. Will the project be in an area (land or territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain?

✔ The project is undertaken on the land which is not owned, occupied or used by indigenous people due to their non-existence in the project area.

C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural resources and knowledge of Indigenous Peoples?

✔ Project is not related to commercial development of cultural resources of IPs.

14. Physical displacement from traditional or customary lands?

✔ No physical displacement of any community or indigenous community is involved.

15. Commercial development of natural resources (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Indigenous Peoples?

✔ Due to the nature of the project, no commercial development of natural resources of IPs is involved.


YES NO NOT

KNOWN Remarks

16. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by indigenous peoples?

✔ No land use of indigenous communities is involved, hence, legal recognition of rights to lands and territories is not required.

17. Acquisition of lands that are traditionally owned or customarily used, occupied or claimed by indigenous peoples?

✔ No land acquisition or displacement of land is involved.

D. Anticipated project impacts on Indigenous Peoples

Project component/ activity/ output

Anticipated positive effect Anticipated negative effect

There is no impact on indigenous community as they do not exist in the project area.

Indigenous people will not be benifitted as they do not exist in the project area.

Indigenous people will not be impacted negatively as they do not exist in the project area.

Annex-III

Environment Screening & Categorization Form (ESCF)

Instructions:

(i) The FIP staff shall complete this form to support the environmental categorization of a

project and submit to the ESU for review and approval.

(ii) This checklist focuses on environmental issues and concerns. To ensure that Environment

dimensions are adequately considered, refer also to NDRMF's (a) Checklists on involuntary

resettlement and Indigenous Peoples; and (b) ESMS for guidance.

(iii) This form is to be completed assuming the “without mitigation” case. The purpose is to

identify potential impacts.

1. FIP Name: GB Public Works Department

2. Project Title: Disaster Risk Reduction in GB Districts in Collaboration with NDRMF

3. Project Scope of Work (list the major interventions) Flood protection structures in disaster prone areas

4. Project Location /Administrative Boundary: Gilgit Baltistan 5. Total Project Cost (million PKR) 6. Project GPS Co-ordinates: Given in the DDR report 7. The proposed project activity is NOT listed in the Prohibited Investment Activities List (PIAL) (please refer to Annexure I below). The proposed schools works are not listed in the PIAL list Based on mapping of GPS Co-ordinates onto Google Earth (Annexure II), please respond to the following: 8. Is the project site(s) located adjacent to or within any environmentally sensitive areas (National Park, Protected Area, Buffer zone of Protected Area, Wetland, and Mangrove?) If so, provide details and explain the potential risks to the sensitive areas from the proposed project activities:

S.No Issues Yes NO

1. Is the sub-project area adjacent to or within the cultural heritage site?

X

2. Is the sub-project area adjacent to or within environmentally protected area?

X

3. Is the sub-project area adjacent to or within Wetland? X

4. Is the sub-project area adjacent to or within the Forest?

5. Is the sub-project area adjacent to or within Biodiversity hotspot?

X

6. Is the sub-project area adjacent to or within Buffer zone of protected area

X

9. Is project(s) located in a densely populated area(s)? YES No 10. If YES to the above, use the satellite imagery (SI) to identify the numbers and types (as far as possible) of sensitive receptors (SR) below: SR Type 1 Scattered residential structures SR Type 2 Surface water bodies SR Type 3 Scattered local flora 11. Will the proposed project activity require dislocation of people? If so, please mention the estimated number of people to be displaced. No dislocation of community members will be required in any case 12. Will any land acquisition be required for the proposed project activity? If so, please provide details. Currently no land acquisition is anticipated, Voluntary Land Donation shall be ensured if chances finds in execution phase 13. Please provide details of any significant expected impacts (‘’without mitigation’’ case) due to the proposed project activities on the identified sensitive receptors:

S.No Type of expected impact Details on Severity of expected impacts

1 Generation of high dust levels in sensitive areas during construction.

The proposed districts in GB are not densely populated and residents are very scattered around the selected sites, nevertheless following mitigation measures shall be implemented during construction phase by FIP:

• Appropriate measures shall be taken to minimize dust during

construction

• Ensuring water sprinkling

• Use of Personal Protective Equipment (PPEs) by the labors

• Minimize loading / unloading of material at peak working hours

2 High noise levels in sensitive areas due to blasting and civil works.

Proposed scope of work will not require blasting & all the required excavation and site clearance will be manual, however following mitigation measures will be applied during construction phase:

• No high level of noise shall be generated, the anticipated noise

impacts shall be due to minor machinery during working hours

• No work shall be commenced in night

3 Occupational and community health and safety risks.

Although sites are at considerable distance from communities but OHS plan will be prepared and implemented on each working site, OHS will be monitored by FIP Environment Specialist on regular basis to avoid mishaps in this regards. Below given measures will be implemented:

• Regulating project vehicles speed and timing to avoid accidents risk

of community members (children, women, disables and elderly).

• Sign board shall be placed at critical/dangerous sites

• All working sites shall be barricaded through reflecting taps

• Roads/passage ways shall be cleared on regular basis to avoid road

accidents/hindrances

• Training and awareness shall be conducted with Contractors/project

crew members to avoid mishaps with OHS.

4 Impact on water bodies due to disposal of chemicals/oils/lubricants and other hazardous/semi-hazardous substances.

• Although flood protection works will be carried along the water

bodies, but no work is anticipated to be carried out in running

water.

• Hazardous chemical use shall be avoided.

• Solid waste generated shall be managed properly & resources for it

shall be reflected in the EMP for compliance.

5 Risks to community health and safety caused by (any or all of the below) (i) Management and

disposal of waste and/or (ii) Civil or electrical works

and/or

Minor level impacts are anticipated during construction phase only and following mitigation measures shall be implemented during execution phase:

• Mitigation measures shall be proposed in the EMP for communal

health and safety and solid waste management.

• As per proposed scope of work no electrical work has been

(iii) Accidental and natural hazards, particularly where structural elements or components of project are accessible to members of affected community and/or

(iv) Fire, electric shock or failure of civil structures during operation.

proposed, hence no such impacts are anticipated

• Every construction sites shall be barricaded through warning tapes,

sign boards shall be placed at critical sites to aware locals from the

risks

• Warning and sign boards shall be placed at sites where chances are

found for electrocution

• Solid waste shall be managed through provisions in EMP

6 Generation of disease vectors due to project activities.

No such issues are foreseen due to the fact that local community members will be preferred to be involved during construction phase depending upon their skills, nevertheless following mitigation measures shall be implemented during execution phase:

• Temporary tent base camps shall be established at each working

sites, the solid waste shall be proposed disposed off

• Sanitation facilities to workers shall be ensured to avoid open

defecation

• Clean and safe drinking water shall be ensured

7 Depletion and/or Contamination of ground water reservoirs due to leaching of chemicals, oil, lubricants and other hazardous/semi-hazardous substances.

No such impacts are foreseen due to limited scope of works with no need of ground water requirements, nevertheless following mitigation shall be proposed:

• WASH facilities shall be ensured at each working site

• Communities water sources shall not be over used by Contractor

crew to make the water turbid

• Solid waste generated shall properly be disposed off

• Leaching of lubricants shall be prevented through sand if required

• Use of hazardous chemicals shall be prohibited

• Community consent shall be ensured for using communal water

sources around the proposed projects

8 Improper sanitation and solid waste disposal systems.

No such high level impacts are anticipated due to proposed projects and following mitigation measures shall be implemented:

• Solid waste shall be disposed at designated sites

• Contractor shall be ensured proposed WASH facilities at all working

sites

• All sites shall be cleared from leftovers once construction work is

completed

9 Degradation of land and ecosystem (e.g. loss of wetlands and wild lands, coastal zones, watersheds and forests).

No such impacts are anticipated, however proposed scope of work will reduce erosion of fertile and valuable lands in the areas. Moreover, proposed project interventions will rather have positive impacts through protecting of lands, water conservation which shall ultimately improve local ecosystem and following mitigation measures are proposed:

• Excavation shall be limited to the proposed project area

• All loose materials shall be compacted to avoid loss of local soil

• No tree cutting shall be entertained, until and unless the target

objectives are not effected

• Plantation shall be ensured at @ of 5 for single falling tree of the

same species

10 Road blocking and temporary flooding due to land excavation during rainy season.

No such chances are foreseen at all works shall be restricted to construction site only and following mitigation measures are proposed:

• Material shall not be stacked to cause hindrance to local’s

movements, if unavoidable, material shall be removed well in time

so that impacts are limited.

• Local natural drains shall be blocked due to construction material

and solid waste generated especially during rainy seasons.

11 Dislocation or involuntary resettlement of people.

• No dislocation and IR is expected

12 Impacts on vulnerable groups such as the poor, women and children and indigenous peoples.

• No such impacts are anticipated & in fact proposed project will have

positive impacts on these groups, by protecting them from floods

and securing their livelihoods.

• As per definition of IUCN for Indigenous People, no such community

is found around the proposed projects

• Child labor shall be prohibited at all working sites as per National

low

13 Degradation of cultural property and loss of cultural heritage and tourism reserves.

• No such sites are located in the project areas

• Mitigation measures shall be proposed in the EMP for the chances

finds during construction works

14 Impact on Flora and Fauna, particularly on any endangered species located in project area(s).

• No tree cutting is required and working area is domestic one

• Proposed scope of work will protect the local forest and will allow

to grow in their natural environment.

• No endangered/IUCN red list species are present in the project

areas of influence

15 Social conflicts • No significant social impacts are anticipated, however chances may

be find during execution phase which will be resolved through

active community participation.

• All schemes are already identified and prioritized with local

community groups

Project Category Recommendation 14. It is recommended that based on the available project information and subsequent analysis, the project should be placed in (please tick one): Category ‘A’ Category ‘B1’ Category ‘B2’ Category ‘C’ 15. Please provide an explanation to justify the Categorization above: The impacts are localized and site specific and can be avoided through mitigation measures by developing IEE/EMP as required for Category B projects.

Annex-IV Google Images of Proposed Sites

Annex-V

Public Consultaion at site

Annex-VI Proposed Structure Drawings/Sections

Annexure-VII

VOLUNTARY LAND DONATION

1. Back Ground.

2. The Government of the Islamic Republic of Pakistan (GOP) has established National Disaster Risk Management Fund (NDRMF) to institutionalize a mechanism to enhance Pakistan’s resilience to disasters by strengthening the government’s ability to quickly respond to future disasters triggered by natural hazards. The Fund focuses on: (i) disaster risk reduction; (ii) design, development and seeding of disaster risk financing strategies and instruments; and (iii) partnerships with other organizations to provide relief and recovery support, including livelihood restoration initiatives and reconstruction and rehabilitation of key public infrastructure.

3. NDRMF supports existing government entities and civil society organizations, involved in disaster risk management, including the National Disaster Management Authority (NDMA), Provincial Disaster Management Authorities (PDMA), District Disaster Management Authorities (DDMA), etc. The Fund is in line with existing policies and strategies of the GOP to address disasters, including (i) the Disaster Risk Reduction Policy (2013); (ii) Climate Change Policy (2013); (iii) Vision 2025; (iv) National Disaster Management Plan 2013-2022 (NDMP); (v) the draft National Flood Protection Plan IV (NFPP) (2016-2025); and (vi) Post-2015 Sendai Framework for Disaster Risk Reduction, 2015-2030.

4. The Fund environment and social policy and principles adheres to the requirements of national legal and regulatory, and international ratified conventions and agreements. In addition to this, the Fund shall also comply with environment and social policies of the respective Financing Source(s). In order to comply the safeguards policies of the donors NDRFMF has established its Environment Social Management System (ESMS).

5. ESMS is compatible with international standards and international best practices such as ADB requirements for financial intermediaries (FI) that entail: (i) collation of relevant national legal and regulatory requirements, and international ratified conventions and agreements. ESMS defines policies, principles, procedures, institutional arrangements and its financing operations for managing adverse environmental and social risks and impacts that would be caused by the sub-projects, which are to be financed by the NDRMF. In first phase project cycle, NDRMF is financing only Category “C” Projects.

6. The ESMS principles in respect of land acquisition and resettlement is to (i) avoid involuntary land acquisition and resettlement impacts; and (ii) minimize land requirements and if needed, to use when possible, government land or obtain other land through voluntary means or negotiated agreements.

7. As NDRMF is dealing with disaster resilient projects like flood management and drought management and there is dire demand from the communities for flood protection interventions on particular location for their lives and assets savings. On the other hand non availability of government or state land is a great limitation in financing these projects and barred the government and non public FIPs from executionof such projects.

2. Scope of the Voluntary Land Donation Framework

8. NDRMF is undertaking small community-driven schemes with no resettlement or involuntary land acquisition. These schemes are categorized as “C” for the IR safeguard. For community driven schemes, the subproject selection criteria requires that the scheme is desired and demanded by the community.

3. Land Regulations in Pakistan

9. Revenue Departments of respective provinces in PAkistan are the custodian of land and land ownership/title rights according to Pakistan Land Revenue Act of 1967. Land demarcation, cadastral maps and revenue record was prepared only for settled areas where the canal command system was developed and land was distributed with property rights in colonial age. In Baluchistan, KPK, AJK and GB where agriculture was not possible or grazing land was available it was left unsettled areas and declared as tribal or state property. Many lands in Pakistan are customarily or occupied by tribes since centuries and on the other hand many lands, mostly in Baluchistan, AJK, GB and KPK areas are declared as state land or communal lands.

4. Land Acquisition Act-1894

10. LAA-1894 is the regulatory legislator Act, which regulate the land acquisition process. The process of land acquisition starts from section-4 of the LAA1894 and is competed in section-18 of LAA1894. Ideally it takes 14 to 16 month in completion of the land acquisition process before start of civil work.

5. Need for Voluntary Land Donation

11. To take up the disaster related sub projects of small scale schemes on the demand of community is not possible by the relevant government departments or nonpublic organization due to non availability of state land. On the other hand to mitigated the disasters on priority and to save the communities from the threat of immediate future floods and droughts is inevitable and necessory. In such situation the land may be used on the demand of the community through Voluntary land donation.

12. Many communities or tribes have expressed their willingness to provide voluntarily a part of their communal land for project activities. Landowner communities/groups are expected to waive compensation claims in consideration of benefits of project to their community members and the fact that landownership will still remain with them.

13. This policy frame work is drafted to update the ESMS for land use through VLD. It covers the policy frame work and modalities to use land through voluntary donation. Voluntary Land Donation Framework will ensure that due diligence will be conducted on each scheme of a subproject to assess the social safeguards status of a proposed subproject and confirm that selection criteria have been met. The scheme would be dropped if the voluntary land donation-related criteria (detailed below) are not met.

6. Due Diligence

14. It is necessary that demands for execution of subproject must arise from the respective communities. The stakeholder community must submit applications for execution of the sub project and will be directly beneficial from the project. It should be clearly mention in the application that community will voluntarily donate any necessary small parcels of land for building water storage structures or flood protection stracutres. The selection criteria for schemes further requires that communities demonstrate their willingness to carry out protection measures.

The voluntary land donation due diligence will be documented in the scheme’s feasibility assessment report and will incorporate at a minimum the following:

(i) Verification and documentation that land required for the project is given voluntarily and the land to be donated is free from any dispute on ownership or any other encumbrances.

(ii) Verification that no individual household will be impoverished by the land donation (i.e., no more than 10% of total agricultural land holding donated) will require that community development groups negotiate livelihood restitution measures such as reduction in operation and maintenance fees or sharing of cultivable land of other beneficiary community members.

(iii) In case of barren land or culturable waste or land underwater or in river bed, an individual may donate land more than 10% of his/her land holding.

(iv) Verification that land donation will not displace tenants or bonded labor, if any, from the land

(v) Verification that land donated is not land used by indigenous peoples either traditionally or customarily

(vi) Meaningful consultation has been conducted in good faith with all potential land donors. Documented verification that land donors are in agreement with the scheme and scheme benefits. Separate discussions to be held with women and minority groups as required to facilitate meaningful participation; and

(vii) Assurance that a community mechanism for scheme implementation is operational and has a fair system of grievance redress, as well as a system for project monitoring and reporting.

7. Fact Finding Field Report/ Documentation

15. Field technical teams involved in execution of the project will document the voluntary land donation due diligence in each subproject preparation report that requires donation of private land. They will ensure completion of the written consent form for land donation (see sample in Annex 1). The donation will be verified by two witnesses who are community leaders but not beneficiaries of the subproject, to ensure that the land was voluntarily donated without any form of duress. The voluntary land donation due diligence information will be verified during scheme detailed design and updated as necessary.

8. Voluntary Land-Use Agreement

16. For interventions where local landowner communities are willing to provide voluntarily part of their communal or private land for project activities, in consideration of benefits of the Project to their community members, the land (user right) will be obtained through a voluntary land use agreement for construction or other activities. An agreement will be carried out with every individual owner in case of private land and with the tribal head commette in case of communal or tribal land. An agreement for VLD on Judicial Stamp paper of nominal minimal legal value will be obtained from every land owner. Stamp Paper draft is annexed as “A” and “B”

9. Monitoring of Voluntary Land Donation

17. The voluntary land donation issues will be monitored by NDRMF Social safeguards and M&E team. Simultaneously ADB social safeguards team or team appointed for annual audit of ESMS may also monitor and check the records of VLD documents. These monitoring bodies may also throughly review the land donation agreement forms and randomly interviewing the land donors. During review missions, ADB will verify that land donation due diligence has been conducted in accordance with the above procedures.

10. Grievance Redress Mechanism

18. Anticipated grievances may relate to coercion for land donation or donation of more than 10% of one’s agricultural land holding, leading to impoverishment.

19. The project Director/ Executive Engineer or Officer responcible at site will establish and notify the GRM office before start of VLD process, sofor if any person have any grievence during the VLD process he/she can contact to GRM at site. Project Director shall appoint a person to accept complaints of affected persons (AP). The APs will register their grievances with either GRM at site or Project Director or NDRMF through email, or by post, if not resolved at site or not satisfy with the initial resolution of the complains. The appointed person at the site office will document the complaint in “grievance register book”.

20. The Project Director will prepare a formal, written assessment that describes the complaint and confirms whether the grievance is genuine. A response on the matter will be provided to the AP within 7 days by the Project office in consultation with necessary parties. The Project office will use the register to book to list (i) date of grievance registered, (ii) name / address of complainant, (iii) nature of grievance, and (iv) response. In case the site office is unable to resolve the issue in 7 days, the matter will be forwarded to the Project Director Office. who will investigate, assess and resolve the issue within 30 days of receiving the grievance. The corrective action will be carried out as agreed and documented in the grievance register book. The outcome shall also form part of the progress reports to ADB. The details and information on use of this grievance redress mechanism will be communicated to the local communities and beneficiaries by the FIP working in the subproject area.

11. Process Flow for Land Use through VLD

I. If suitable state land is not available for the proposed Project and the non-state land is the only available suitable option, such land will be obtained through voluntary land use agreement or negotiated purchase. It will be ensured that the failure of the negotiation for VLD will not result in compulsory acquisition.

II. Community should apply to the concern department with a demand for execution of the proposed project.

III. The Project will organize a public consultation meeting in the respective sites to verify the information. The project team will prepare minutes of the meetings, which will be kept in the project office and their copies will be attached to the land assessment/screening report.

IV. Local communities/landowners/APs will be consulted meaningfully and purpose of the Project, the selection of sites and options to avoid or minimize impacts. ) Terms and conditions of voluntary land use agreement will be discussed. It will be ensured that it is, in fact, voluntary and no one will be forced to provide their land or assets.

V. Preparation of a location map identifying the proposed land and it’s RoW. VI. Coordination with the Revenue Department for verification of the land ownership record.

VII. An agreement for VLD on Judicial Stamp paper of nominal minimal legal value will be obtained from every land owner. Stamp Paper draft is annexed as “A”

VIII. It is to validate that landowners or any other users/occupants will not experience major adverse impacts from land use and not surrounding the land more than 10% of his/her total land.

IX. Validate that the landowner representatives signing the agreement duly represent the landowners.

X. Validate that any minor impacts have been identified, sufficiently addressed and documented by the Project.

XI. Validate that the agreement is in compliance with safeguard requirements stipulated in this framework.

XII. Consultations with local administration offices (e.g. Revenue, Agriculture, Forest or District Administration, etc.) about any ongoing disputes or litigation.

XIII. Consultations with local residents to assess if the proposed works will adversely affect any person(s) or communities.

XIV. Proposed site should be free of any private residential structures or major sources of livelihoods to Aps.

XV. Particular attention will be paid to women, women-headed households, elderly and other vulnerable people. It will be taken care that no adverse negative impact may be occurred on them

XVI. A land assessment screening report will be prepared and submitted to ADB for clearance before start-up of civil works involving use of non-state land. The assessment report will document the process and outcome achieved for respective interventions according to its requirements and appropriate land arrangement.

XVII. The project will monitor implementation of land aspects, submit semi-annual reports to ADB and address any unforeseen impacts that may occur during implementation in line with the framework and ADB SPS.

Preparation of land assessment screening report by covering the following aspects (I). brief description of the proposed site including a location map (ii) Description of intervention and types of works (iii) Description of proposed land, status of ownership and use; (iii) Findings of the ground Realities and observations (iv) Process and outcome of consultations with communities and stakeholders (records

of meetings, etc.

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