national disaster risk management fund (ndrmf)

Due Diligence Report

Document stage: Draft Date: January 2020

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

Building Resilience by Strengthening Institutions and Community to Roll Out Inclusive Disaster Risk Management

(Muslim Aid Pakistan)

(Cost Rs. 400.861 Million)

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 ABBREVIATIONS 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

VLD Voluntary Land Donation

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

B. Scope of Interventions .......................................................................................................................... 1

C. Project Location ..................................................................................................................................... 1

D. Environmental & Social Impacts and Mitigation ............................................................................... 2

Social Safeguard Due Diligence .............................................................................................................. 3

E. Socio- economic profile of the Area.................................................................................................... 3

E.1. District Qila Saifullah .................................................................................................... 3

E.2. District Chaghi ............................................................................................................. 3

F. Legal Policy Framework ....................................................................................................................... 3

G. Screening and Categorization ............................................................................................................. 5

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 .................................................................................................................. 6

H.4. Dislocation of People and Assets .................................................................................................... 6

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

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

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

L. Grievance Redress Mechanism .......................................................................................................... 8

M. Consultation with Stakeholders ........................................................................................................... 9

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

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

P. Recommendation ................................................................................................................................ 10

ANNEXURES Annexure I- Involuntary Resettlement Impact Categorization……………………………………11 Annexure II- Indigenous People Impact Categorization…………………………..………….......14 Annexure III- Environment Screening and Categorization Form………………………..……....17 Annexure IV- Layout of Proposed Sites……………………………….……………………………21 Annexure V-Proposed Structure Drawings………………………………………………………...23 Annexure VI- Voluntary Land Donation Framework………………………………………………24 Annexure VII-Proposed Site and Consultation Pictures………………………………………….27

of 38

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. Muslim Aid has proposed projects in district Chaghi and Qila Saifullah in Baluchistan, province to mitigate the hazards of drought and flash floods. A lot of damages have been incurred to lives and properties in these districts due to disasters in past. 4. The project will be implemented with an integrated approach that will include: 1) Promotion of community trainings, education and awareness in relation to disaster management, 2) Strengthening and awareness program on disaster risk reduction at local level and preparation of disaster management plans at various levels 4) Development and improvement of necessary infrastructures in Districts Chaghi and Killa Saifullah along with mitigation and adaptive measures for water and food security. 5. This environment & social DDR document is based on the 10% sample from the proposed subproject and will be updated to include all of the sites with the fund approval from NDRMF. The design and location of physical structures will be finalized after community consultation. The process of community consultation is in progress.

B. Scope of Interventions

6. Most of the project activities are related to community development. Muslim Aid Pakistan has proposed 10 water conservation structures and 20 flood protection structures in both districts. These small-scale schemes will be constructed in partnership with local communities. The flood protection schemes will be constructed to mitigate the flash floods in flood nullahs and water conservation schemes will be constructed to conserve water for irrigation and domestic use.

7. The scope of proposed project is: I. Construction of Water reservoirs and Conservation with consultation of relevant

department II. Construction of Flood Protection and Land Reclamation and Conservation

III. Establishment of Disaster Management Committees at community level IV. Capacity building of DMCs and community on the structure, disaster response,

preparedness, mitigation and climate change adaptation V. Conduct inclusive Community Risk Assessment and assessment of coping strategies VI. Prepare Disaster Management Plans Plan and Contingency Planning at Union council

and village level VII. Social Mobilization, Promotion of DRR and Climate Adaptation through awareness

campaigns and sessions VIII. Provision of Emergency Response Tool kits to VDMCs and UCDMCs

C. Project Location

8. MAP has proposed project in two districts of Baluchistan, Qila Saifullah and Chaghi. Location map of these districts is attached below:

of 38

D. Environmental & Social Impacts and Mitigation

9. 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 localised 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

of 38

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. Socio- economic profile of the Area

10. Majority of the population in both the districts is that of Muslims. Hindu community also exists in Chaghi district. District Chaghi and Qila Saifullah are not industrialized and private businesses are of rudimentary and homogenous nature, most of the population relies on agriculture, livestock or labor work in mines for their livelihood. Similarly, agriculture is the main source of employment for the rural population of the district Qila Saifullah. E.1. District Qila Saifullah 11. Presently, the district of Killa Saifullah has a population of 342,814 persons. The average annual population growth rate in the district is 3.05 per cent per year from 1998 to 2017. Population density of the district is 27.63 per square kilometer. The rural population is 81.7 per cent of the total population of the district while urban population is about 18.3 per cent. The total length of roads in Killa Saifullah is 1,410 km, out of which, 463 km is black topped road (metalled road). There is no airway service available in the district; however, a railway line of 295 km in length was built by the colonial government between Bostan and Zhob in 1928 for strategic reasons. E.2. District Chaghi

12. District of Chaghi consists of three tehsils viz Dalbandin, Taftan and Nokundi. Total area of Chaghi District is 44,411 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. Presently, the district of Chaghi has a population of 226,008 persons. The average annual population growth rate in the district is 4.13 per cent per year from 1998 to 2017 according to census 2017. Population density of the district is 5.089 per square kilometer. The urban population is 16,319, which is 7.2 per cent of the total population of the district while the rural population is 209,689 comprising around 92.8 per cent. District Chaghi has a house hold size of 6.8 as per census 1998. The total length of roads in Chaghi is 1,597 kilometers including 436 kilometers of black topped road (metaled road). District Chaghi has got 382 kms of railway line with seven railway stations and one airport at Dalbandin. According to Pakistan Social and Living Measurement Survey (PSLM) 2008-09, the literacy rate of age 10+ in Chaghai District was 62% among males and 19% among females, with an overall literacy rate of 43%.1

F. Legal Policy Framework

13. Land acquisition and resettlement aspects have been compared with Pakistan Land Acquisition Act (1894) and ADB policy principles. Comparison is given in table below. Objective of this exercise is to identify the differences and gaps between ADB SPS procedures and requirements of Pakistan’s land law. In case if there will any change in scope of proposed project work, RP, 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

1 PSLM. (2008-09). Retrieved from Pakistan Social and Living Standards Measurement Survey.

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

of 38

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

• 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, 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 compensationand 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,

of 38

G. Screening and Categorization

14. 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. All civil works will be carried out within beds of flood channels i.e. is state land and water management structures will be constructed on barren lands donated by the community, therefore, no land acquisition and resettlement are involved. Based on the guidelines for the

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.

of 38

schemes/subproject’s categorization of NDRMF ESMS, the proposed schemes fall in Category’ C’.

H. Land Acquisition and IR Impacts

15. There will be no forced displacement or land acquisition and it is also made part of FIP grant agreement. It is assumed that there is no perceived problem of resettlement, displacement or land acquisition. The social safeguards screening checklist filled by the FIP shows that no negative impact arises and no social safeguard policy will be invoked. If there will be any element of resettlement or land acquisition involved, the proposed scheme will be dropped and new site will be selected. No crop or tree will be disturbed by the constructions.

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

16. The flood protection structures will be constructed with in the flood channels. In Baluchistan the range land and mountainous land is ownership of tribes. The FIP will obtain land from the community through VLD. Lands of water bodies are either state land. In case of state land, the FIP will get NOC from the district government and in case of tribal land it will be obtained from the respective tribe. Therefore, sufficient RoW will be available for construction of flood structure. FIP has made obligatory that in case of land acquisition, resettlement or any social safeguard problems, it will change the site of proposed schemes or either dropped the scheme. 17. Construction activities will be carried out on specified points in Row limits. The scope and magnitude of construction activities will be restricted to construction sites. These construction sites are away from population and settlements. Contractor is legally bind to not to tress pass in private lands. 18. The consultation process is ongoing for finalization of structure locations. 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. 19. The construction activities will remain limited to construction sites. Most of the flood protection structures will be constructed in water ways. The construction activities will remain limited in the water beds therefore, the construction impacts will arise on population and settlements.

H.2. Land Use

20. There will be no change in land use as most of the flood protective structures like gabion walls will be constructed within the river or nullah beds. Water reservoirs for drought management will be constructed on barren lands. In case there is agriculture or urban land, MAP will change the location of the structure or drop the scheme and will select a new site for construction. It is clearly written in GIA that there will be no land acquisition or resettlement in any case.

H.3. Voluntary Land Donation

21. Drought and flood management related structures will be constructed on community donated land. FIP has standard regular practices and procedures that if any land is required for construction, it is obtained from the respective community through Voluntarily Land Donation (VLD) as community has to pool its 10% to 20% share in community participation approach. In most of the case these lands are communal. NDRMF has its own VLD policy, attached as annexure-VI. The FIP will submit detail report on VLD once the sites are finalized.

H.4. Dislocation of People and Assets

22. Nobody is residing within the bed of the flood channels or in surrounding the construction sites, therefore, dislocation of any house or structure will not be involved. There is no negative

of 38

impact on means of livelihood or income resources. There is no tree cutting, crop loss, or encroachment is involved. No one will be displaced due to project construction. In case of any IR problem or dislocation of assets or structures, the prosed site location will be changed or dropped.

I. Indigenous Peoples Safeguards

23. No indigenous peoples are found in both the districts of Qila Saifullah & Chaghi as per IUCN’s definition of IPs, hence, no adverse impacts on such communities are anticipated due to the proposed public buildings’ retrofitting works. The IP screening checklist is attached as annexure-II.

J. Institutional Arrangements

24. MAP (Executing Agency) has overall responsibility for the project including preparation, implementation and financing of all DDR tasks and for cross-agency coordination. MAP 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: 25. FIP will establish a Project Management office which will be responsible for the following:

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

II. Land measurement and demarcation III. Handing over of RoW to Contractor IV. And resolution of any concerns of the community V. FIP social mobilization staff will mobilize the communities and sites for proposed projects

will be selected after consensus building. VI. Requirements and guidelines for site selection particularly for social safeguard will be

discussed in detail with community. VII. The VLD policy of the NDRMF will be discussed in detail and sites will be selected after

taking on board the communities with their free will. VIII. FIP will hire a design engineer and community will also be taken in confidence regarding

the designs of structures. IX. Contractor will be responsible for the construction work and will also take care of all

social safeguards on ground i.e. not to trespass in private lands, not to use soils from private lands.

X. GRM will be notified by the FIP and GRM at site will be established and community should be made aware of how to lodge the complaint.

XI. CEO, MAP will notify the GRM system on start of construction phase. XII. Project Director 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.

of 38

K. Implementation Schedule

26. 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 Mechanism

27. MAP has its own established GRM system, which will be in line with GRM at site and head office. Project specific Grievance Redress Committee will be established and its contact numbers and addresses will be displayed on all working sites and local offices to ensure timely information flow in this regard. Complaint registers will be placed at all construction sites for community matters which will be checked on regular basis and the issues/comments will be reported to the head office for redresses. All constraints/comments will be reported properly to NDRMF with complete details of disposal.

a. People/surrounding communities will be informed about the GRC and its role and responsibilities. An office of Project Implementation Unit of MAP, will be established at each subproject site for implementation and monitoring of subproject activities and will be an easy approach to the local people.

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

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

d. FIP 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.

e. If still unsettled, a grievance can be lodged on the complaint register kept with Site office. Local level GRC will resolve such complaints in 30 days.

f. If Complaint is not addressed at site it will be forwarded to FIP head office. g. Project Director will inform the plaintiff within seven days after receiving the complaint

and must resolve the complaint within 30 days. h. Every complaint will be noted in the complaint register and log of complaints will be

maintained and shared with NDRMF. If the complaint is not resolved at site, the complainant can send its complaints to head office. Address email and phone number of head office will also be advertised on bill boards at site.

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

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

of 38

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

Figure 1: GRM Process Flow

M. Consultation with Stakeholders

28. Comprehensive and meaningful consultation on site selection project design is in progress. FIP is carrying out the FGD on sites. The pictures of public consultation are attached as annexure VII. 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 and drought.

Table 3: Details of Public Consultation Sessions

Sr. No Venue No. of Participant Apprehensions Response 1 Qila Saif Ullah

18-12-19

09 Encroachment of Private Land No forced Land Acquisition

Contractor will work with in the RoW There will be no force Land acquisition rather it should be VLD

2 Qila Saif Ullah 18-12-19

07 Use of Soil and stone from private lands

Contractor will bring soil and construction material only from designated lands after payments. If the contractor needs earth material, it will buy through an agreement.

NDRMF

MAP Head Office GRM /Project Director

Project Manager at Regional Office

Project Officer at Site/ GRC at site

Sub-engineer at site Sub-engineer at site

Complaint Cell

Contractor’s Social and Environmental

Staff

Complaint Cell

of 38

3 Chagi 20-12-19

08 Schemes should for the benefit of whole community

No scheme will be taken up for any feudal instead it will be selected after consensus building

4 Chagi 20-12-19

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

N. Monitoring and Evaluation

29. Monitoring of DDR and EMP activities on daily basis are the responsibility of FIP. 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

30. Muslim Aid Pakistan has proposed interventions like flood protection walls and water conservation structures. Flood protection walls will be constructed with in the beds of flood channels. The beds of flood channels are state or tribal land. Water conservation structures will be constructed on communal land donated by the respective communities as a community share. These water conservative structures will be constructed on barren land where there is no problem of resettlement or encroachment. The community will donate the communal land through Voluntary Land Donation. FIP has standard practices and procedures that if any land is required, it is obtained by the respective community through voluntarily land donation and FIP will ensure this before project execution on ground and will share VLD proforma with NDRMF. Clause for Social safeguard protection is made part of FIP agreement.

P. Recommendation

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

a. FIP 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. FIP 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 FIP shall immediately inform NDRMF and prepare a corrective action plan in accordance with the ESMS/SPS 2009.

d. NDRMF shall provide support to the FIP 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.

of 38

Annexure-I

Involuntary Resettlement impact categorization

Date: 21-3-19

A. Project Data

Country/Project No./Project Title:

Building Resilience by Strengthening Institutions and Community to roll out Inclusive Disaster Risk Management

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:

Communities will be trained for disaster management through CBDRM and DMCs in districts Chaghi and Killa Saifullah through the project. In these districts 3 Flood protection structure and water conservation structure will be constructed. No land acquisition will be involved as structure will be constructed in flood channel bed which is state land. Drought management structures or check dams will be constructed on community donated communal barren land through VLD therefore, no perceived problem of resettlement or land acquisition will be arising. If there will be disagreement from the community side on the site of the structure and there is problem of land acquisition or resettlement the site will be changed or subproject will be replaced with secure site from social safeguard prospective. Water conservation structure will be constructed on communal land. For construction of these structure community will provide communal land as community share. FIP has standard practices and procedure that if any land will be required, it will be obtained through the respective community by voluntarily land donation. As community has to pool its 20% community share as community participation approach. The social safeguards screening checklist filled by the FIP shows that no negative impact will arises and no social safeguard is policy will be violated regarding resettlement, displacement and forced resettlement. Most of the proposed structures are disaster resilient and will bring socioeconomic benefits to the community.

Field Team: Muslim Aid

Consultant:

D. Approval Sheraz Hussain DM (Social Safeguard)

Prepared by: Muslim Aid & NDRMF

Date: 21-3-19

Reviewed/Cleared by: ADB Safeguard Unit: Date:

of 38

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 or resettlement is involved, it will be dropped and new site will be identified or community will donate the land through VLD.

2. Is the site for land acquisition known?

✔ No land acquisition is involved as community will donate communal land as community share. The sites will be fixed with consensus and consent of the community.

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

✔ Land will be community donated communal land and it will be barren and nonproductive land in case of drought mitigation structures.

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

✔ Only donated land will be used for construction activities and construction will be carried out within the proposed RoW. Contractor will not tress pass from the designated land.

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

✔ There will be no loss of shelter and no loss of residential structures. In case site will be changed.

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

✔ Construction will be carried out on barren communal land.no tree will be cut or crop will be disturbed.

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

✔ If there will be any tree cutting involved or disturbance to any fixed asset the place of construction will be changed. There will be no loss to land, tree or any other fixed assets.

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

✔ The construction will be carried out on mountains and barren land. There will be no loss to businesses or livelihood.

of 38

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

Yes No Not

Known Remarks

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 and 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 in 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 restricted and access will not be disturbed.

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? There is no resettlement, displacement of people and no forced land acquisition is involved. There will be no loss of crops, livelihood or tree cutting.

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

of 38

Annexure-II

Indigenous people impact categorization

Date: 21-03-19

Note: According to IUCN, there is only one indigenous community in Pakistan referred to as Kalash which is located in Chitral.

KEY CONCERNS (Please provide elaborations in the Remarks column)

YES NO NOT

KNOWN Remarks

A. Indigenous Peoples Identification

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 presents in district of Qila Saif Ullah and Chaghi where FIP is going to carry out the project. Reference: World Directory of Minorities and indigenous People. Development Profile District Chaghai & Qila Saif Ullah, NDMA Development Profile District Chaghai, NDMA

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?

✔ There is no traces of indigenous community in the area. Reference: World Directory of Minorities and indigenous People- Pakistan

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

✔ There is no distinct social group. Reference: Development Profile District Qila Saif Ullah, NDMA Development Profile District Chaghai, NDMA

http://www.ndma.gov.pk/Publications/Development%20Profile%20District%20Quetta.pdf
















of 38


YES NO NOT

KNOWN Remarks

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

✔ No group is identified through Screening. Reference: World Directory of Minorities and indigenous 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 others.

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

✔ No group is screened out with distinct language. Reference: Development Profile District Chaghai & Qila Saif Ullah, NDMA Development Profile District Chaghai, NDMA

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

✔ No marginalized community is identified in the area. Reference: World Directory of Minorities and indigenous people

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?

✔ No group identified or claimed to be an indigenous group. Reference: Development Profile District Qila Saif Ullah, NDMA Development Profile District Chaghai, NDMA

B. Identification of Potential Impacts

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

✔ No indigenous community is residing in the project execution districts.

















of 38


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)

✔ No direct or indirect impact on indigenous people.

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

✔ No indigenous community involved.

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

✔ Project is not in indigenous area.

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

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

✔ No commercial development of cultural resources.

14. Physical displacement from traditional or customary lands?

✔ No physical displacement of any community

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?

✔ No commercial development of natural resources is involved.

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.

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 benefitted 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.

of 38

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 verification and shall subsequently be submitted to the GM QAG for

endorsement and to the CEO for 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: Muslim Aid Pakistan

2. Project Title: Building resilience by strengthening institutions and community to roll out inclusive Disaster Risk Management

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

4. Project Location /Administrative Boundary: Chaghi & Qilla Saifullah Districts of Balochistan 5. Total Project Cost (million PKR) _________________________________________________________________________ 6. Project GPS Co-ordinates/_______________________N__________________________________E ___________________________________________________________________________________________________________________ 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

of 38

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 Approx. Number of SR1 ________________________________ SR Type 2 Approx. Number of SR2 ________________________________ SR Type 3 Approx. Number of SR3 ________________________________ 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. Land will be acquired through voluntary land donation in case of privately owned land 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.

Appropriate measures will 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.

No high level of noise will be generated, the anticipated noise impacts will be due to minor machinery during working hours

of 38

3 Occupational and community health and safety risks.

Both communal and crew members could have risk of 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 will be avoided

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

(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.

6 Generation of disease vectors due to project activities.

No such issues are foreseen due to the fact that most of the workers will be from local community

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

8 Improper sanitation and solid waste disposal systems.

No high level impacts are anticipated, construction waste will be generated only

of 38

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

No such impacts

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

No such chances are foreseen at all works will be restricted to construction site only.

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 impacts

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

No such sites are located in the project areas

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

15 Social conflicts No such social impacts are anticipated, however chances may be find during land acquisition 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.

of 38

Annex-IV

Layout of proposed sites

of 38

Annex-V

Proposed Structure Drawings/Sections

of 38

Annex-VI

VOLUNTARY LAND DONATION FRAMEWORK

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 nonpublic FIPs from execution of such projects.

of 38

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 require 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 months 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 necessary. 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 structures. The selection criteria for schemes further requires that communities demonstrate their willingness to carry out protection measures.

of 38

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 committee 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 thoroughly 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

of 38

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 responsible at site will establish and notify the GRM office before start of VLD process, so for if any person has any grievance 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 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.

of 38

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

of 38

ANNEX A: A SAMPLE VOLUNTARY DONATION OF LAND AGREEMENT The following agreement has been made on ……...... day of ……...... between Mr./Ms. .………………………..…., aged ......, resident of ………….. Zone, district …..……………… (The Owner) and ……………………………… (The Recipient/Subproject Proponent).

1. That the land with certificate no………… is a part of …………, is surrounded from

eastern side by…………, western side by………………, northern side by …………., and

southern side by……………..

2. That the Owner holds the transferable rights of land ……...... (area in square meters), with plot no……… at the above location (include a copy of the certified map, if available)

3. That the Owner testifies that the land/structure is free of squatters or encroachers and not subject to any other claims.

3.1That the Owner hereby grants to the……………….... (Name of the Recipient) this asset for the construction and development of the …………..…. …………for the benefit of the community. 3.2That the Owner will not claim any compensation against the grant of this asset nor

obstruct the construction process on the land in case of which he/she would be subject to sanctions according to law and regulations.

3.3That the ……………………………(name of the Project Proponent) agrees to accept this grant of asset for the purposes mentioned.

Name and Signature of the Owner

Signature of Subproject Proponent/Representative

………………………………………..

………………………………………

of 30

Witnesses: 1……………………………………

2……………………………………

(Signature, name and address) Agreement for Communal or Tribal Land

of 30

ANNEX B - MEMORANDUM OF AGREEMENT This Memorandum of Agreement (MOA) entered into by and between; The FIP/Department -----------------------as represented by the Office of -----------------------; ---AND--- The community of _____________________(Name of Ward), _________________ (District), in the Province of _____________________ represented by its ward’s leaders, tribal head, leaders of clans and sub-clans, the names of which are enumerated at the end of this document; ---WITNESS--- Whereas, the Department/ FIP ---------------is implementing the ---------------------(the Project) in order to support achieving the objective of (Scheme purpose) --------------------------- , with the financial assistance from NDRMF and other development partners; Whereas, ___________(the subproject site) has been selected by the Community------------------which requires the use of non-state/customary land as there are no suitable state lands available in the sub Projectpilot area; Whereas, the clans and communities who jointly own the land identified for the subproject intervention are fully (i) aware of the subproject benefits for their communities, mainly improved resilience to disaster management (ii) supportive of the proposed intervention; and (iii) are willing to provide voluntarily the use of identified land for subproject activities. NOW, THEREFORE, for and in consideration of the foregoing premises and covenants hereinafter stipulated, FIP (Department Name) -------------------------------and the clans and communities who jointly own the customary land that is required for the subproject intervention have entered into this agreement: 1.0 Identification and Location of the intervention 1.1 (FIP)-------------has considered the subproject intervention ________________ under the NDRMF financing. This site has an area of _________square metres. 1.2 We certify that we, as individuals and representatives of our communities and clans, are the exclusive customary owners of the subproject location. The particulars of our customary land are described below; Location (name):____________________________________________ Ward: __________________________________________ District: ____________________________ Province: ______________________________ Name and Signature of the Owners

Signature of Subproject Proponent/Representative

Witness (1) --------------------------

-----------------------------

Witness (2) -------------------------------

of 30

Annex-VII

Proposed Sites & Consultation Pictures

Consultative meeting (group discussion) with communty (land owners) at

proposed site

Consultative meeting with communty (land owners) at proposed site

Land errosion due to floods at District Killa saifullah

of 30




of 30

Patches of lands cultivated by communities at District Killa saifullah

District Chaghi

Multi purpose water reservoir at UC Padagh District Chaghi constructed by an

NGO

Multi purpose water reservoir at UC Padagh District Chaghi constructed by an

NGO

Potential site for constructing a multi purpose water reservoir UC Padagh District

Chaghi

of 30

Site visit and consultation meeting with community

national disaster risk management fund (ndrmf)

Documents