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FINAL DRAFT Social Management Framework (SMF) For Urban Governance and Development Program (UGDP): Nepal Emerging Town Project (NETP) Submitted By: Hari Prasad Bhattarai Social Safeguard Consultant Submitted To: Department of Urban Development and Building Construction, Ministry of Physical Planning and Works Government of Nepal, Kathmandu February, 2011 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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Page 1: Social Management Framework (SMF) - World Bank · 2016-07-12 · NPC- National Planning Commission PCO- Project Coordination Office PMT ... during Prefeasibility Study, 2010 ... selection

FINAL DRAFT

Social Management Framework (SMF)

For

Urban Governance and Development Program (UGDP):

Nepal Emerging Town Project (NETP)

Submitted By: Hari Prasad Bhattarai

Social Safeguard Consultant

Submitted To: Department of Urban Development and Building

Construction, Ministry of Physical Planning and Works

Government of Nepal, Kathmandu

February, 2011

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ABBREVIATIONS

ADB – Asian Development Bank

AP- Affected Persons

CBO – Community Based Organization

CBS- Central Bureau of Statistics

CDO- Chief District Officer

CDC- Compensation Determining Committee

CFC- Compensation Fixation Committee

DAG – Disadvantaged Group

DDC – District Development Committee

DFO – District Forest Officer

DFGG- Demand for Good Governance

DUDBC – Department of Urban Development and Building Construction

FNCCI- Federation of Nepalese Chambers of Commerce and Industries

EA – Executing Agency

EIA – Environmental Impact Assessment

EMS – Environmental Management Section

EO – Executive Officer

EPA – Environmental Protection Act

EPR – Environmental Protection Regulations

FY – Fiscal Year

GE/SI – Gender Equality/Social Inclusion

GON – Government of Nepal

GRC- Grievance Redress Committee

HH- Households

IEE – Initial Environmental Examination

IP – Indigenous People

IPP- Indigenous People Plan

IR- Involuntary Resettlement

IPF – Indigenous People‘s Framework

LA- Land Acquisition

LA Act- Land Acquisition Act

LBs – Local Bodies

LDO – Local Development Officer

LGCDP – Local Governance and Community Development Program

LSGA – Local Self-Governance Act

LSGR- Local Self-Governance Regulation

MCPM- Minimum Condition and Performance Measures

M&E – Monitoring & Evaluation

MLD – Ministry of Local Development

MMPW- Ministry of Physical Planning and Works

MOEST – Ministry of Environment, Science, and Technology

MOF – Ministry of Finance

NFIN – National Federation of Indigenous Nationalities

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NGO – Non Government Organization

NPC- National Planning Commission

PCO- Project Coordination Office

PMT – Program Management Team

PWD – Public Works Directive

RF – Resettlement Framework

RAP- Resettlement Action Plan

RP- Resettlement Plan

R&R- Resettlement and Rehabilitation

RoW – Right-of-Way

RUP- Rural Urban Partnership

SA – Social Assessment

SMF- Social Management Framework

TDF – Town Development Fund

TLO- Tole Lane Organization

TOR – Terms of Reference

UDLE- Urban Development through Local Effort

VCDP- Vulnerable Community Development Plan

VDC – Village Development Committee

WB- World Bank

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Table of Contents

ABBREVIATIONS ........................................................................................................................ 2

Table of Contents ............................................................................................................................ 4

List of Tables .................................................................................................................................. 7

1. INTRODUCTION & BACKGROUND ..................................................................................... 8

1.1 UGDP Objectives and Components ................................................................................. 8

1.2 Program Implementing Institutions .................................................................................. 9

1.3 Program Location and Likely Activities ........................................................................ 10

1.4 The Social Management Framework (SMF) .................................................................. 14

1.5 Purpose and Objective of the SMF ................................................................................ 14

1.6 Development of SMF ..................................................................................................... 15

2. METHODOLOGY ................................................................................................................... 16

2.1 Desk Study ..................................................................................................................... 16

2.2 Consultation with Stakeholders and Observation .......................................................... 16

PART ONE: SOCIAL ASSESSMENT ........................................................................................ 19

3. SITUATION ASSESSMENT ............................................................................................... 20

3.1 Socio-cultural Context ........................................................................................................ 20

3.1.1Demographic Composition ........................................................................................... 20

3.1.2 Civil Society Representation for Marginalized Groups ............................................... 21

3.1.3 Conflict Scenario ......................................................................................................... 23

3.2 Institutional Context ........................................................................................................... 24

3.2.1 Transitional Arrangements ........................................................................................... 24 3.2.2 Mechanisms to Ensure Greater Accountability ........................................................... 25 3.2.3 Civil Society Organizations ......................................................................................... 25

3.2.4 Community Based Organizations (CBOs) ................................................................... 27

3.3 Historical Context ............................................................................................................... 28

3.4 Political Context ................................................................................................................. 29

4. KEY SOCIAL RISKS AND OPPORTUNITIES ................................................................. 31

4.1 Social and Political Economic Risks .................................................................................. 31

4.2 Likely Social Impacts and Issues ........................................................................................ 32

4.3 Stakeholder Analysis .......................................................................................................... 38

5. REVIEW OF LEGISLATIVE AND REGULATORY REQUIREMENTS ............................ 43

5.1 Review of Relevant Laws and Polices of Nepal ............................................................ 43 5.1.1 Resettlement Policy and Legal Measures on Land Acquisition ............................. 43

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5.1.2 GON Policies on Indigenous Peoples (IPs) and other Vulnerable Communities ... 48

5.1.3 Communication, Good Governance & Social Accountability ................................ 50 5.1.4 Gaps in Existing Resettlement Policies and Laws .................................................. 52

5.2 International Policy Guidelines and Conventions .......................................................... 53

5.2.1 World Bank Policy Guidelines ............................................................................... 53 5.2.2 International Labor Organization (ILO) Convention (169), 1989 .......................... 55

5.3 Comparison of Government of Nepal and World Bank Policies ................................... 56

6. REVIEW OF EXISTING SOCIAL MANAGEMENT PRACTICES...................................... 59

6.1 Review of the Social Management Frameworks............................................................ 59

6.2 Review the Existing Social Management Practices of Executing Agencies .................. 64

7. INSTITUTIONAL AND CAPACITY ASSESSMENT OF EXECUTING AND

IMPLEMENTING AGENCIES ................................................................................................... 66

7.1 Implementing Institutions .............................................................................................. 66

7.2 Institutional Arrangement of UGDP: NETP .................................................................. 66 7.2.1 Central Level Arrangement..................................................................................... 66

7.2.2 Municipal Level Arrangement ................................................................................ 69

7.3 Institutional and Capacity Assessment ........................................................................... 69

7.3.1 Ministry of Local Development (MLD) ...................................................................... 69 7.3.2 Department of Urban Development and Building Construction (DUDBC) ................ 70 7.3.3 Town Development Fund (TDF) ................................................................................. 71

7.3.4 Municipalities .............................................................................................................. 73

PART TWO: SOCIAL MANAGEMENT FRAMEWORK ......................................................... 78

8. RESETTLEMENT FRAMEWORK ..................................................................................... 79

8.1 Resettlement Policy ............................................................................................................ 79

8.2 Screening and Categorization of Impacts on IR ................................................................. 82

8.3 Preparation of a Resettlement Plan ..................................................................................... 82

8.4 Entitlement for Various Losses ........................................................................................... 83

8.5 Eligibility of Affected Households/Persons ....................................................................... 84

9. INDIGENOUS PEOPLES (IPS) AND VULNERABLE COMMUNITIES

DEVELOPMENT FRAMEWORK .............................................................................................. 86

9.1 Screening and Categorization of Impacts on IPs and Vulnerable Communities ................ 86

9.2 Social Impact Assessment (SIA) and Preparation of IP/VCD Plans .................................. 87

10. FRAMEWORK FOR STRENGTHENING GOOD GOVERNANCE AND SOCIAL

ACCOUNTABILITY ................................................................................................................... 89

11. SMF IMPLEMENTATION AND MANAGEMENT ............................................................ 93

11.1 Institutional Arrangements ............................................................................................... 93

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11.2 Consultation and Information Disclosure ...................................................................... 95

11.2.2 Public Consultation ................................................................................................. 95 11.2.3 Information Disclosure and Dissemination ............................................................ 96 11.2.4 The Information and Consultation Strategy (ICS) .................................................. 97

11.3 Grievances Redress Mechanism..................................................................................... 99

11.4 Monitoring and Reporting ............................................................................................ 100

11.5 Capacity Building ......................................................................................................... 101

References ................................................................................................................................... 104

Annex 1. Involuntary Resettlement Categorization Form .......................................................... 105

Annex 2 Entitlement Matrix ....................................................................................................... 107

Annex 3 Indigenous Peoples/ Vulnerable Group Impact Categorization Form ......................... 109

Annex 4 Checklists for Stakeholder Consultation ...................................................................... 111

Annex 5 Format for Social Impact Assessment .......................................................................... 115

Annex 7 Sample Vulnerable Community Development Plan .................................................... 128

Annex 8 List of Participants in the Central Level Stakeholder Consultations ........................... 133

Annex 9 List of Participants in the Municipal Level Stakeholder Consultations ....................... 134

Annex 10 Guidelines for Ensuring Social Accountability .......................................................... 146

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List of Tables

Table 1.1 Priority Projects for the Six Municipalities as Identified by the Local Stakeholders

during Prefeasibility Study, 2010 ................................................................................................. 11

Table 1.2 Sub Project Activities Proposed during Prefeasibility Study, 2010 ............................. 12

Table 3.1: Percentage Population Distribution of Various Caste/Ethnic Groups ......................... 20

Table 3.2 Summary of Demographic Characteristics of the Six Municipalities .......................... 21

Table 3.3 Summary of Social and Institutional Characteristics of the Six Municipalities ........... 26

Table 3.4 Total Population by urban-rural residence and urban population as a percent of rural

population, Nepal, 1952/54 - 2001 ............................................................................................... 29

Table 3.5 Industrial Origin of GDP, Nepal 1990 – 2000 (in million NRs.) ......................... 29

Table 4.1 Likely Nature of the Impacts and Corresponding Affected Population ....................... 34

Table 5.1 Comparison between World Bank Policy and the Government Legal Framework ..... 56

Table 6.1 Minimum Condition Performance Measures (MCPM) Rankings ................................ 76

Table 8.1 Principles and Corresponding Guidelines to Execute Resettlement Policy ................. 79

Table 9.1 Categorization of Impact on IPs and Vulnerable Communities .................................. 87

Table 11.1 Role and Responsibilities for SMF Implementation in Sub Project Cycle of UGDP 94

Table 11.2 Information and Consultation Strategy (ICS) for UGDP: NETP ............................... 97

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1. INTRODUCTION & BACKGROUND

Nepal is emerging as a rapidly urbanizing country. In 1971, there were only 16 municipalities

with 0.462 million urban populations and today there are 58 municipalities, with 3.28 million

urban populations comprising of 13.9 % of the national population (CBS, 2002). By 2005, the

estimate was 16%, by 2010 nearly 18%, by 2020, the ADB expects that nearly 25% of the

population will reside in urban areas, and by 2030, the corresponding figure is likely to be in

excess of 30% (Prefeasibility Study, 2010). The high rate of urbanization is exerting immense

pressure on urban environment and municipal mangers often do not have sufficient expertise and

resources to deal with the rapid growth. With the enactment of the Local Self-Governance Act,

1999, municipalities have been given many responsibilities but there have not been adequate

measures to enhance their capacities. As a result, many cities are facing environmental problems

such as inadequate basic physical infrastructure, solid waste management, air pollution, and

wastewater management, and with continued growth, the problems of urban poverty and

informal settlements are also growing. Municipalities also lack adequate financial resources to

provide basic urban services.

Keeping in mind these circumstances, Government of Nepal has proposed for funding support to

World Bank to preparing the Urban Governance and Development Program/Project (UGDP).

The overall development goal of UGDP is to guide urbanization in small towns in a manner that

makes them centers of economic growth through efforts that strengthen the

decentralization/devolution and local governance.

1.1 UGDP Objectives and Components

The overall objective of the program is to build the capacity of municipal authorities in

secondary municipalities to plan and implement basic infrastructure that will lead to increased

economic opportunities and improved services for their residents. This is in line with GON‘s

vision for balanced urban development and strengthened local governance in the country.

The UGDP has three components:

Component 1: Block grants to the selected municipalities. The block grants will top up existing

fiscal transfers from the Ministry of Local Development (MLD) to municipalities and will help

local authorities maintain minimum service delivery standards, provide adequate O&M support

to existing assets, as well as address urgent urban management and service delivery issues. The

block grants will be managed by the MLD and channeled through its existing system of

intergovernmental fiscal transfers.

Component 2: Capital grants for improving/rehabilitating socio-economic infrastructure. The

capital grants will support expansion and/or improvement of essential infrastructure/services

which are legally assigned to municipalities -such as local roads, drainage, sewage, solid waste,

health & education infrastructure, parks, libraries, crèches, street lighting, and so forth. The

selection of investment priorities will be undertaken by each municipality based on pre-defined

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criteria and transparent participatory process. The municipalities will be provided onsite support,

as needed, to help manage the socio-economic development program.

Component 3: Support for Institutional Development. The ID component will help the selected

municipalities attain greater capabilities in areas such as participatory planning, budgeting and

public financial management, service delivery and project management. A key element of ID

support will be the formulation of comprehensive socio-economic development plans in the

selected municipalities. At the center, this component will aim to strengthen intergovernmental

systems that support efficient and accountable urban local governments. The ID component will

also strengthen existing M&E systems that track the performance of municipalities. Beside, this

component also will support project coordination and management activities, both at the center

and in the selected municipalities. Specifically, this will finance consultants in procurement,

financial management, safeguards, and other core areas.

1.2 Program Implementing Institutions

Department of Urban Development and Building Construction (DUDBC) under the Ministry of

Physical Planning and Works, Municipal Management Division of the Ministry of Local

Development (MLD), Town Development Fund (TDF), and six participating secondary

municipalities, namely Mechinagar Municipality, Dhankuta Municipality, Itahari Municipality,

Lekhanath Municipality, Baglung Municipality, and Tasnsen Municipality are directly involved

to implement the various activities under UGDP at different levels and in different ways.

Mechinagar

Itahari

Dhankuta

Tansenn

Lekhanath

Baglung

Figure 1 Map of Nepal Showing Program Implementing Municipalities

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1.3 Program Location and Likely Activities

The Program will be implemented in the six secondary municipalities selected through an

independent pre-feasibility study. These are: Mechinagar Municipality (Jhapa District),

Dhankuta Municipality (Dhankuta District), Itahari Municipality (Sunsary District), Lekhanath

Municipality (Kaski Distrtict), Baglung Municipality (Baglung District), and Tasnsen

Municipality (Palpa District). During the project preparation, although an initial list of potential

activities the municipalities may like to implement may be prepared, the exact activities to be

financed under this Program in each of the above six municipalities will be decided only during

implementation. However, each municipality has selected priority activities on the basis of pre-

defined criteria and processes that are transparent and accountable. Majority of the proposed

projects can be categorized as physical infrastructure development followed by community

development, institutional development and natural resource management (Table 1)

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Table 1.1 Priority Projects for the Six Municipalities as Identified by the Local Stakeholders

during Prefeasibility Study, 2010

Municipality Project No1 Project No 2(and 3 as appropriate)

Baglung Drainage Improvement–The central market area of Baglung

suffers from extensive surface runoffs. The existing drains cannot.

The proposed project has two components (a) Diversion Structures

of surface run-offs at two locations and (b) Improvement of surface

drains within the city core. The project will improve the urban

environment, secure the safety of important areas in the city, and

allow the further economic development of Baglung.

Ring Road Improvements:. The improvement of the ring road is the

highest priority project for the Municipality and people of Baglung.

The project has remained „dormant‟ for many years. The condition

of the road at present is extremely poor and the road is often

impassable during the monsoon season. Connectivity is severely

impaired and economic development prospects correspondingly

constrained

Tansen Heritage Conservation and Tourism Promotion-The projects

component are (a) City Conservation Plan: Renovation of temples

and traditional structures, preservation of typical local houses,

reconstruction of handicraft shops and pedestrianization of selected

areas of Tansen and (b) Tourism Development Plan: Tourism

Enterprise Development Program, involving, inter alia

strengthening of micro-credit programs and cooperatives, a skill

development program, women entrepreneurship development

program, and increasing the Municipality's capacity to promote

economic development.

Water Supply Improvements–One of the major causes for the slow

economic growth of the Municipality is the paucity of water supply

system in the town. The technical assistance project will (a) establish

a Water Supply and Sanitation Management Board and develop the

capacity of the board on effectively managing the existing water

supply system, and (b) Explore technical options for low cost water

supply system (and implement demonstration projects).

Lekhnath Conservation of the Lakes and Tourism Promotion-The Lakes

are a tremendous recreational, tourist and bio-diversity asset of the

Municipality. Largely because of the lakes and their hilly

surroundings, Lekhnath is a well known tourist destination

attracting both domestic and foreign tourists. All the lakes are

under threat through siltation, eutrophication, and encroachments

and poor management. The project involves the conservation and

economic development of lakes, wetlands and surrounding forests.

Effective Land Management-This project seeks to correct the hap-

hazard, speculative and socially and economically damaging land

development that characterizes the Municipality. The approach is to

consolidate the land, make the provision for the roads, open space

and urban services; replot the land parcels and give back re-plotted

land to their original landowners. The concept is similar to the

process of ―land pooling‖

Itahari Inner Ring Road Construction-The proposed inner ring road

(IRR) will divert traffic from the core urban area, improve

accessibility to the outlying settlements, and allow the further

urban and economic expansion of the Municipality. The inner ring

road would also help increasing the capacity utilization of the

existing bus park. Itahari Municipality considers access and

connectivity improvements fundamental for the development of the

Town, and particularly if the Municipality is to play a major role in

the Dharan and Biratnagar Industrial Growth Corridor

Drainage Improvement-Some portions of the city experience

serious water logging during the rainy season because of the absence

of the drainage interceptors along the highway which would take the

discharge to the nearby river. The existing drainage is under capacity

and not networked properly. The proposed drainage project is

strategic important and will improve the sanitation environment of

the city, and allow the future expansion of the town

Mechinagar City Enhancement, Traffic Improvement and Economic

Development–The project involves constructing improvements to

main spine road of Mechinagar town in order to (a) create a city

ambience attractive to visitors entering Nepal, particularly from

India; (b) to reduce traffic congestion in Mechinagar, and (c) to

accommodate and facilitate the future economic expansion of the

Municipality. The project will include improvements to (a) the

surface drainage system (b) the bus park and terminal;; (c) the

efficiency of the dry port and custom facilities; and (d) passengers

and pedestrian safety. Community participation is expected for the

development. The project is expected to lever important economic

development impacts in terms of improving the efficiency of

movement of goods and people, associated with the expansion of

trade and transit operations

Recently proposed project by Mechinagar :

Construction of Devkota Park with Ghanta Ghar and Mini

Market

Agricultural DevelopmentThe project is to develop land for

agriculture that could accommodate the expansion of the urban built

environment in the future. This development is proposed for

Itabhatta where most of the land remains in agricultural use and the

parcels adjoining to the highway have been already fragmented for

residential use. The project aims at significantly increasing the

transportation accessibility in the rural areas thereby preparing the

land for residential or commercial development in future.

Forest Conservation and Economic Development-The project is to

conserve and develop the three community forests located to the

north of Dhulabari through the mobilization of the local community.

Recently proposed project by Mechinagar :

Black topping of Gokul Road (from Itabhatta to Antu, Ilam),

Integrated project( Ninda Tmai River training , Patal Ganga

Development

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Dhankuta Water Supply Improvement-Both Dhankuta and Hile have been

suffering from a number of issues e.g.; drying up of existing

source, absence of perennial gravity source in the vicinity,

inefficient distribution network and poor management. The main

objectives of this project are to (a) upgrade and expand the systems

in Dhankuta and Hile (b) explore options for low cost water supply

system, (c) encourage rain water harvesting on the community and

household levels, (d) assist the Municipality in establishing an

Integrated Water Supply and Sanitation Management Board and

(d) develop the capacity of the board on effectively managing the

existing water supply system.

N/A(only one priority project was identified by the Municipal

stakeholders)

Table 1.2 Sub Project Activities Proposed during Prefeasibility Study, 2010

Municipalities Priority Projects Subproject Activities

Mechinagar 1. City Vestibule

Development and Traffic

Enhancement Measures

Recently proposed project by

Mechinagar :

Construction of Devkota Park

with Ghanta Ghar and Mini

Market

6 Lane Highway with plants in the centre and sides

Separate lanes for heavy and light vehicles

Off road structures (retaining walls, cross drainage)

Footpath pavement, fencing, overhead foot bridge

Landscaped garden on the hillocks beside the road at the entry

Development of garden on the north beside Kali River

Wide and convenient entry to the dry port, bus park and bus terminal

Construction of Interceptor Drain of surface runoffs along both side of road

Street Lights, Information Centre, Traffic Control

2. Urban Agriculture Land

Development

Recently proposed project by

Mechinagar :

Black topping of Gokul Road

(from Itabhatta to Antu, Ilam),

Integrated project( Ninda Tmai

River training , Patal Ganga

Development

Delineation of area but keeping Itabhatta Junction in the middle with the support

from the landowners

Survey and planning of the area by considering the existing buildings, structures and

roads

Development of low cost bio-engineering technique for river protection works (to be

carried out through community mobilization / participation)

Temporary amalgamation of land, and the design and planning of roads

Construction of roads (gravel) along the peripheries of the blocks

Agricultural land re-plotting and re-distribution

Dhankuta 1. Water Supply

Augmentation &

Management

Improvement of Hile WS System

Improvement of Dhankuta WS System

Promotion of Rainwater Harvesting

Water Supply Management and Institutional Capacity Development

Itahari 1. Detailed designed and

Construction of Inner Ring

Road ( IRR)

Bridge at Tengra ( Ward 2)

Bridge at Vyarvyare ( Ward3)

River Training Works

Cross Drainage Works

Miscellaneous Works

2. Construction of Surface

Drainage in the Core City

Area

Inceptor A ( Both side along Mahendra Highway)

Inceptor B ( Both side along Koshi Highway)

Secondary Drains

Demolition & reinstatement of Structures. Electrical Poles

Footpath Pavement

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Outfall Structures

Miscellaneous Works

Lekhanath 1. Conservation of Lakes

and Tourism Development Component A : Physical Infrastructure Development Plan Construction of embankment dyke (earthen), retention wall with sluice gate at

Dipang, Khaste, Neureni and Maidi Lakes

Construction of footpath along the bank of Begnas and Rupa Lake

Construction of hiking track linking lakes

Construction of information center and development of recreational area at Gude

Lake

Component B : Bio Diversity Conservation Plan Preparation of Detailed Bio-diversity Conservation Plan encompassing land use bye

laws, environmental, watershed management, social and economical aspects

Demarcation of lakes and forest boundaries

Development of Bio-diversity Nurseries, Trees Plantation

Development of Botanical Garden and Herbs Plantation

Community Forest Development Program

Lake Water Quality Monitoring (Laboratory Establishment)

Watershed Management

Cleaning of lakes and checking of weed growths due to nitrification

Fishery Farming

Component C : Pro-Poor Tourism Development Plan Preparation of Comprehensive Sustainable Pro-Poor Tourism Development Master

Plan

Establishment of Micro-credits and Cooperative Groups Tourism Enterprise

Development Program (TEDP) and Market Linkages

Promotion of Participatory Planning in Tourism for sustainable tourism development

Detailing of Destination Mix encompassing 8A's Principles

Environmental Awareness and implementation of Community Led Total Sanitation

(CLTS)

Development of foot tracks through mobilization of community groups Development

of Alternative Energy

Tourism led orientation program and skill development training program

2. Effective Land

Management Land pooling, block planning and re-plotting

Neighborhood Roads construction of community structures

Construction of community parks

Baglung 1. Improvement to the Ring

Road

Road Construction

Road Side Drains, Cross Drainage

Retaining Structures, Breast Walls

Miscellaneous Works

2. Run off Diversion and City

Drain Rehabilitation

Diversion Structures of surface run-offs at two locations

Improvement of surface drains within the city core (wards 1,2,3,4 and 11)

Tasnsen 1. City Conservation and

Tourism Development

City Conservation Plan : Renovation of temples and traditional structures,

preservation of typical local houses, reconstruction of handicraft shops and

pedestrianization of selected areas of Tansen

Tourism Development Plan: Tourism Enterprise Development Program, involving,

inter alia strengthening of micro-credit programs and cooperatives, a skill

development program, women entrepreneurship development program, and

increasing the Municipality's capacity to promote economic development

2. Water Supply

Optimization and

Management

Optimization of Existing Water Supply System Establishment of Water Supply Management Board and Capacity Development

Promotion on the Economic Consumption of Water, Low Water Consumption

Accessories, Control on Misuse of Water

Control on Water Leakage and Unaccounted for Water

Customer Verification Survey

Review of Existing System and Optimization Study

Exploration of low cost water supply system

Promotion of Rainwater Harvesting Community Rainwater Harvesting (20 HH one system : Total 1000 HH)

Grant to Individual Rainwater Harvesting

Study, Awareness and Training

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1.4 The Social Management Framework (SMF)

Social Management Framework (SMF) is the instrument that provides the necessary guidance to

identify and address the potential social concerns or impacts of a project right from the planning

stage to its implementation and post-implementation operations.

1.5 Purpose and Objective of the SMF

The main purpose of preparing the SMF is to formulate appropriate social safeguard principles

and provide technical guidelines to identify impacts, prepare safeguard plans, and mitigate

adverse impacts likely to arise from the activities financed by this Program/Project during

implementation. The SMF spells out the potential social impacts in the project municipalities due

to the planning, design, implementation and operation of the UGDP projects and outlines the

management measures required for an effective addressal of the same. Appropriate institutional

arrangements towards implementing the measures proposed and the capacity building efforts

required will be detailed in the framework. The adoption of this framework shall ensure that the

projects meet the national and local level social requirements and are also consistent with the

applicable safeguards policies and provisions of the World Bank.

The overall objective of this assignment is, therefore, to prepare a Social Management

Framework (SMF) for the Nepal Urban Governance and Development Program/Project, which

will provide (a) Resettlement Policy Framework as per World Bank‘s OP 4.12 with additional

guidelines for dealing with vulnerable communities including Dalits and Janjatis (indigenous

people) as per the World Bank‘s OP 4.10; and (b) guidelines for strengthening people‘s

participation and social accountability. In addition to make use of the findings of the preliminary

social analysis done as part of the Pre-feasibility Study, the specific objectives of the assignment

are to:

1. carry out a rapid review of social issues involved and make broad-based social

assessment of the program/project (focusing on components and likely activities listed in

the pre-feasibility study), highlighting potential positive and negative impacts of the

program/project;

2. review policy and acts/ regulations of Nepal and the World Bank (OP 4.10, 4.12) in order

to identify applicable provisions in the proposed program/project and suggest ways to fill

any gap between Nepal and World Bank requirements;

3. assess the capacity of the institutions involved in the Program/Project, including the roles

and responsibilities, and offer guidelines for capacity development to address any gaps;

and

4. develop a Social Management Framework (SMF) for the Program/Project

implementation (fulfilling requirements for RPF, Indigenous People‘s Policy Framework

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(IPPF) and integrating participation and social accountability guidelines). The Consultant

will summarize the SMF for inclusion in the Project Implementation Manual (PIM).

1.6 Development of SMF

The (sub) project activities proposed ( Table 1.1&1.2) by the participating municipalities during

project pre-feasibility study will be analyzed along with inputs from review of literatures,

stakeholder‘s consultation and field visits to assess the potential social impacts. The SMF spells

out strategies and principles for identification of project affected individuals, families,

communities, and to investigate potential social effects and issues related to these and suggest

appropriate measures to avoid/minimize and manage any potential adverse impact resulting from

the implementation of the project.

The SMF will be used by the project authorities for incorporation of social safeguards in the

planning, execution and operation stages of each sub-project activity. A step-by-step

methodology will be provided that can be followed along with engineering and institutional

interventions required for the sub-project activities.

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2. METHODOLOGY The methodology adopted for the preparation of the SMF includes: review of relevant social

policies, acts, regulations and guidelines of GON, social safeguard policies of World Bank, and

interactions and consultations with all concern stakeholders. The findings of the preliminary

social analysis done as part of the Pre-feasibility Study (2010), Institutional Assessment have

been taken as the primary sources of information required for SMF preparation. Therefore, the

SMF is primarily based on the reviews of available relevant literatures and consultations with

national level and municipal level stakeholder.

2.1 Desk Study

The review of literatures was mainly concentrated to the past similar studies related to social and

environmental assessment for urban development. Existing policies, legislation and guidelines

related to the social management issues of urban development and WB‘s policies and guidelines

have been reviewed and documented in the appropriate sections of SMF report. Similarly,

available published literature, study reports (e.g. Pre-feasibility Study, Institutional Assessment

and the Political Economy Studies) and documents related to the project have been reviewed and

documented. Municipal level demographic data on the various ethnic/caste groups, including

demographic information on vulnerable groups, have been collected from secondary data

published by the participating municipalities and Central Bureau of Statistics (CBS). In similar

vein, published or unpublished documents, records, profiles and reports available at

municipality offices have been collected and reviewed to cross-check and solicit site specific

information.

2.2 Consultation with Stakeholders and Observation

Central Level Stakeholders

Consultations with central level stakeholders (MLD, DUDBC and TDF) were conducted to

understand the overall design, components and corresponding activities of the program. The

consultation was mainly focused on institutional, human resources and past experiences of social

management practices of these organizations in terms of land acquisition, R&R policies and IPs

and vulnerable community development plans. The consultation also assessed the institutional

capacity of MLD, DUDBC and TDF to implement and monitoring the compliance of social

safeguard measures reflected in the SMF. The consultation was concentrated in assessing their

abilities to manage social issues likely arise while implementing UGDP: NETP to support

municipalities—and identify areas and actions for improving their capacities and performance,

both in the short and long term. It primarily focuses on the existing institutional mechanism in

each of the involved institution for social management, existence of units/ focal points; human

and financial resources, functions and effectiveness of their roles and responsibilities. The details

of the participants in the central level stakeholder consultation are presented in Annex 8.

Municipal Level Stakeholders

Consultations with municipality staff ( executive officer and section heads) and municipal level

stakeholders ( representative of political parties, government line agencies, CSOs, private

sectors, organizations of women, Dalits, Janajatis, Madhesis) have been carried out to know the

existing social situation and to identify likely impacts due to the various project structures and

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activities and corresponding mitigation measures. In addition, consultations with the

beneficiaries and local stakeholders have been conducted in the (sub) project sites of the selected

municipalities to comprehend urban social environmental and concerns of beneficiaries and key

stakeholders particularly information on land acquisition and preferred mode of compensation.

Besides, the consultation also assessed the institutional capacity of the municipalities to

implement and monitoring the compliance of social safeguard measures reflected in the SMF.

The consultation was focused in assessing their institutional abilities to manage social issues

likely arise while implementing the program and to identify areas and actions for improving their

capacities and performance, both in the short and long term. The details of the participants in the

municipal level stakeholder consultations is presented in Annex 9

Consultation meetings in each participating municipalities have been conducted by giving a prior

verbal notice and written letter to the participants through the participating Municipal offices.

The purposes of the focus group discussions are:

To provide factual information on the (sub) project location, particularly the main (sub)

project structures and project related activities.

To clarify the objective of the SMF development for UGDP and its procedures

To discuss on the likely potential impacts of the project from technical considerations

during project construction and operation in the project area‘s social, socio-economic and

cultural domain.

To collect information related to socio-economic and cultural environments of the project

areas

To collect general and broad opinion, perception and attitudes of the people towards

UGDP

To get feedback on the likely impacts of the project from local people‘s perspective

particularly on the cultural traditions, customary practices, self identity and attachment to

the land and territory, social norms and values of the indigenous people and other groups

of the project areas.

To get basic information on the cultural, religious, recreational and livelihood

dependence of the local people on the (sub)project sites and corresponding likely impacts

due to project development

To solicit opinion of the local people on the alternative mitigation measures to abate, or

avoid the potential impacts

To solicit opinion of the local people with regard to the development aspiration of the

project.

Field Observation

The consultant carried out observation tours to all priority project sites to comprehend the ground

reality and to obtain supplementary information about different socio-economic and cultural

activities in the proposed (sub) project sites. This includes recording of physical surroundings,

religious sites/structures, ongoing cultural religious activities, processes, and discussions.

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Debriefing Workshop

The consultant debriefed the preliminary findings of the stakeholder consultations with members

of the PCO, representatives of World Bank. The comments and suggestions gathered during the

debriefing have been incorporated into the SMF report.

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PART ONE: SOCIAL ASSESSMENT

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3. SITUATION ASSESSMENT1

3.1 Socio-cultural Context

3.1.1Demographic Composition

The demographic composition of the six municipalities included in the Urban Governance and

Development Program (UGDP) is quite varied, as the table below indicates:

Table 3.1: Percentage Population Distribution of Various Caste/Ethnic Groups

Note: - means that either the percentage population of these groups is negligible or do not reside in the concerned municipalities. * Includes Aathpahariyas, who comprise 23.4 percent of the total population in Dhankuta. ** Limbus, Rais, Magars, Newars, Tharus, Tamangs and Gurungs are all classified as Adivasi-Janajatis [indigenous nationalities] by the Government of Nepal.

As in most parts of Nepal, upper-caste groups, particularly Bahuns, possess a strong influence –

numerical, social and political – in all six municipalities. Bahuns are over-represented in the All

Party Mechanisms (APMs) in all municipalities, except for Dhankuta where the Janajati

representation is relatively significant. Similarly, the Executive Officers in all the municipalities

are Bahuns, except for Dhankuta where he is a Janajati. The same is true for civil society groups

and community-based organizations across all municipalities. The other upper-caste group, the

Chhetris, is also quite prominent in leadership positions. In areas where there are concentrations

of Newars, as in Tansen, Baglung and Dhankuta, they, too, enjoy great influence. While there are

fewer Janajatis in leadership positions, they are nevertheless quite active in public life

1 This chapter has been adapted from a World Bank Study-- ―the Nepal Emerging Towns Project (NETP) Local

Political Economy and Post-Conflict Situational Analysis‖ by Aditya Adhikari and Bandita Sijapati, December,

2010.

Mechinagar Itahari Dhankuta Tansen Lekhnath Baglung

Bahun 20 20 9 27 34 35

Chhetri 15 17 13 18 15 22

Limbu 3 4 3 - - -

Rai 4 9 8 - - -

Magar 3 2 5 21 7 10

Newar 4 6 15 15 3 7.8

Tharu 1 11 - - - -

Tamang 3 3 10 - - -

Gurung 1 1 - - 16 -

Dalit 6 5 3 12 15 20

Madhesi 5 15 - - - -

Other Indigenous Population

21 7 31* 6 10 3

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particularly since various groups have been organizing along ethnic lines. Dalits, on the other

hand, have almost no representation at all either in the APMs or in other organizations such as

NGOs and CBOs. Similarly, there are very few women in positions of power in all of the

municipalities.

The exclusion of Janajatis, Dalits and women from government structures in Nepal continues to

have an impact on the level of development of these communities and the opportunities open to

them. In many municipalities, in Tansen and Itahari, for example, it can be clearly seen that

mostly upper-caste groups live in the developed areas and thus have access to municipal

resources.

The estimated population of the participating municipalities in 2010 shows a growing trend. The

current annual population growth rate is estimated to be around 7.5% for Itahari and the

population is expected to increase more than three times by 2020 in Lekhanath. The population

growth for Tansen and Mechinagar is, however, around or below the average for the urban sector

as a whole. The hill municipalities are low density cities in comparison to the municipalities in

the Tarai and Itahari has the highest density inner core, with population density of 8000

persons/sq.km. The municipalities have fairly high literacy rates ranging from 78% for Itahari

and 88% for Mechinagar in 2009 (Table 3.2).

Table 3.2 Summary of Demographic Characteristics of the Six Municipalities

Municipalities Population 2001

Estimated

Population

2010

Population

Growth rate (2001-2010)

Projected

Population

(2020)

Current Pop.

Density

(Person/ha)

Population Density of

Urban Core Area

(Person/ha)

Current

Literacy Rate

Tensen 20,431 30,000 3.1% 38,000 9 (2007) 260 (2007) 87% 2007)

Baglung 20,852 30,000 4.1% 44,000 15 (2007) 105 (2007) 85% (2007)

Lekhanath 41,369 60,000 4.0% 190,000 7 (2007) 12.6 (2007) 84% (2007)

Itahari 41,210 75,000 7.5% NA 2,000/sq km 8,000/sq km 78% (2009)

Dhankuta 20,668 26,000 3.6% 40,000 535 /sq km

(2008)

1635/sq km (2008) 81% (2008)

Mechinagar 49,060 57,000 3.0% 65,000 10 (2008) 46 (2008) 88% (2009)

Urban

National

Average

55,653 NA 3.44 % NA 985 /sq km NA NA

Source: Prefeasibility Study, 2010

3.1.2 Civil Society Representation for Marginalized Groups

Since 1990, and especially since 2006, there has been a great acceleration in demands for

political representation and other rights on the part of organizations representing marginalized

groups. Such organizations are active in each of the six municipalities that are included in the

UGDP project.

In all the municipalities, it is the Nepal Federation of Indigenous Nationalities (NEFIN) that

advocates for the rights of Janajatis. Its major activity currently appears to be lobbying the local

government for resources for Janajatis and raising awareness regarding the rights of the

indigenous people as enshrined in the International Labor Organization (ILO) Convention 169i

[hereafter, ILO-169] and other international protocols and conventions the Nepal government has

signed on the rights of indigenous people. Various organizations that serve as constituents of

NEFIN or are loosely affiliated to it, representing specific Janajati groups (the Magar Samaj in

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Baglung, Kirat Rai Yayokha in Dhankuta, for example) also have a presence in the

municipalities.

Although NEFIN is generally considered to be resource-rich in Kathmandu, fieldwork in the six

municipalities shows that their resources have not percolated effectively to the local levels. As a

result the district/municipal chapters of NEFIN are constrained in their scope of activities. In

general, the district chapters do receive occasional, often one-time support from the headquarters

in Kathmandu, but they generally rely on the DDCs, municipalities, membership fees and other

support from members for their functioning. Consequently, the effectiveness of NEFIN is varied

according to time and place. In Dhankuta, NEFIN representatives pointed out that in addition to

holding seminars to raise awareness amongst the Janajatis regarding the rights of indigenous

groups, which is what there are currently doing, there is a dire need to also work towards the

economic upliftment of some of the Janajati groups like the Aathpahariyas. However, in the

absence of sufficient funding either from NEFIN headquarters or local governments, the NEFIN

district chapter has not been able to make much of an impact. On the contrary, in Baglung, the

chief activities of NEFIN, in addition to awareness raising, it also acts as a pressure group in

local government affairs and serves as a forum where various community-based activities, such

as the creation of cooperatives for Magars, are discussed and implemented. The effectiveness of

NEFIN in Baglung appears to be largely due to the fact that Magars there include a significant

number of the relatively wealthy individuals.

Although an umbrella organization similar to NEFIN called the Dalit NGO Federation (DNF)

exists in Kathmandu and other areas to provide representation to Dalits, its activities are quite

limited compared to NEFIN. Rather, a proliferation of small organizations representing Dalits

exists across Nepal, and in the six municipalities under study. For the most part, however, they

are exceedingly weak and crippled by a lack of resources and fragmentation due to the affiliation

of members to different political parties.

The exception is Baglung where the Dalit movement is quite strong as a result of which activities

geared towards the upliftment of the Dalits have also been fairly significant. Dalit organizations

in the district have been successful in raising awareness regarding discriminatory laws and

policies, assisting Dalits overcome discrimination in access to schools, forests and other public

resources, and participating in the DDC coordination committees that take decisions on

disbursement of district funds earmarked for the development and awareness of Dalits and other

marginalized groups. In addition, all of the Dalit organizations and the Dalit wings of political

parties are represented in the Utpidit Dalit Samudayako Sanjal [Network of the Oppressed Dalit

Community], which provides the Dalit community with a unified voice and some immunity from

political cooptation.

The major political parties also have their own fraternal organizations representing Janajati and

Dalit groups. From the perspective of independent Janajati or Dalit activists, however, these

bodies are more responsive to the interests of their parent parties than to the ethnic/caste groups

they are meant to represent.

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3.1.3 Conflict Scenario

The spillover effects of the conflict (1996-2006) have been limited in all six municipalities. In

four municipalities –Tansen, Baglung, Lekhnath and Dhankuta – violent clashes between

Maoists and cadres of other political parties continued into the years of the peace process, but

have declined since the April 2008 Constituent Assembly elections in which the Maoists

emerged as the largest political party.ii In addition, Mechinagar and Itahari experienced a large

influx of people displaced during the conflict and its aftermath though a large percentage of

those displaced have been Pahadis [people of hill-origin] who fled the southern areas of the Tarai

after the Madhesh movement of 2007. The major exception to the relatively peaceful

environment in the UGDP-targeted municipalities appears to be Dhankuta, where tensions

between the Maoist-affiliated youth group, YCL, and the UML-affiliated youth group, YF, are

still unresolved and have the potential to turn violent in the future.iii

Given the suspicion that

most of the 4008 disqualified Maoist combatants have joined the YCL, there are fears that

tensions between the YCL and other parties could escalate and lead to violence in Dhankuta as

well as in other districts.

In addition to issues related to the Maoists, the post-conflict environment in Nepal has witnessed

a significant increase in political mobilization along ethnic/caste/regional lines over the past four

years, with almost all caste/ethnic groups forming organizations of their own, some of which are

involved in armed activities, particularly in the Tarai districts and eastern hills.iv

Despite the

increase in lawlessness and violence in the Tarai, in the aftermath of the Madhes Andolan of

2007,v two of the six UGDP-targeted municipalities, namely, Mechinagar and Itahari, which are

located in the Tarai districts of Jhapa and Itahari respectively, have not witnessed the kind of

violence other Tarai districts in the central and eastern Tarai have experienced.

The municipalities of Mechinagar and Itahari, while in the Tarai, have very low Madhesi

populations and are generally perceived as non-Madhesi cities. They are surrounded by areas

with significant Madhesi populations, however. As no Madhesi towns are included in the UGDP,

significant resentment towards the project may arise on the part of the Madhesi population. This

may augur badly for the implementation of the UGDP.

It is also important to note that in the aftermath of Bihar‘s [Indian State] Chief Minister Nitish

Kumar‘s efforts to curtail criminal activities in his state, the southern areas of Tarai districts have

witnessed a visible increase in criminal activitiesvi

and with a strong nexus currently evolving

between criminal groups, smuggling rackets and business entrepreneurs, particularly in

Mechinagar, it is possible that armed/criminal groups will infiltrate Mechinagar and Itahari.

In addition to the Tarai conflict, the eastern hill districts (Dhankuta lies in the eastern hills) have

also experienced significant violence, with looting, arson, murder, kidnapping, seizure of

property and extortion carried out by armed groups and ethnic outfits clamoring for an

autonomous Limbuwan state in Eastern Nepal.vii

While Dhankuta Municipality has for long been identified as being part of a future Limbuwan

state, first by the Maoists and later by groups such as the Federal Limbuwan State Council

(FLSC), it should be noted that in its concept note, the State Restructuring Committee has

recommended placing Dhankuta Municipality in the proposed Kirat Autonomous Province

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instead of Limbuwan Autonomous Province. Similarly, in the case of Mechinagar and Itahari,

too, while the State Restructuring Committee has placed these two municipalities in the Mithila-

Bhojpura-Koch-Madhes Province, these have been claimed to be part of Limbuwan by various

Limbu outfits. These differences in claims by different groups are likely to be a source of tension

when such matters begin to be seriously discussed by political parties at the centre, as part of the

process of drafting a new constitution.

Finally, although overt conflict is very limited in the municipalities of the Western corridor,

latent tensions exist between groups over the issue of federalism along ethnic lines and that could

raise tensions and possibly lead to violence in the future. According to the proposed federal units

by the State Restructuring Committee, among the UGDP-targeted municipalities in the western

region, Tansen and Baglung would belong to the Magarant Autonomous State and Lekhnath to

Tamuwan. This has created significant resentment among non-Gurungs in Lekhnath and non-

Magars in Baglung and Tansen, leading them to create organizations like the Khas Brahman

Samaj and Khas Chhetri Ekta Samaj that advocate specifically the rights of Bahuns and Chhetris.

During the course of the fieldwork, representatives of these groups even threatened ―bloodshed‖

if autonomous provinces based on the concept of ethnic homelands become a reality. In addition,

the proliferation of groups like the Samyukta Jatiya Mukti Morcha (SJMM) has also been a

source of violence and fear in areas like Baglung. The SJMM, an underground outfit clamoring

for Janajati rights and apparently willing to use violent means has been threatening VDC

secretaries in Baglung district, among others, to resign.viii

Thus far, the SJMM is not active in the

NUGDP-targeted municipalities, their stated intention of causing violence and disruption could

potentially have ripple effects there as well.

3.2 Institutional Context

3.2.1 Transitional Arrangements

In the absence of elected local bodies, the Ministry of Local Development (MLD) has issued

guidelines regarding the functioning of local bodies. According to these, in municipalities, it is

the Executive Officer, a centrally appointed civil servant, who possesses all executive and

decision-making responsibilities (previously, this role was taken up by elected representatives in

the municipal council). Additionally, in each municipality, there exists an All-party Mechanism

(APM), consisting of representatives of political parties that participated in the Constituent

Assembly election that is meant to provide an advisory role to the Executive Officer.ix

The three

large national parties – the Nepali Congress, the Communist Party of Nepal-United Marxist-

Leninist (CPN-UML) and the Unified Communist Party of Nepal-Maoist (UCPN-M), dominate

the APMs in all municipalities.

In practice, with the exception of Dhankuta, all decisions regarding the municipality are

undertaken by the APM and the responsibility of the Executive Officer is relegated to mediating

competing claims of the parties and ensuring that the municipal office implements their

decisions. In Itahari and Lekhnath, political parties have even taken steps to ensure their total

autonomy regarding decision-making from the municipality by setting up an ‗apex committee‘ of

political parties from which municipal officials, including the Executive Officer, are excluded. It

is in these ‗apex committee‘ meetings that crucial decisions are taken and later conveyed to the

Executive Officer for implementations. In Dhankuta, in contrast to the other municipalities, the

Executive Officer and the municipality office is exceptionally strong and often overrides the

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demands of the political parties.

These arrangements have led to a situation where local governments, contrary to the great

decentralization that was envisaged in the 1999 Local Self Government Act, have been subject to

increasing encroachment by the centre. The fact that Executive Officers are the chief authority in

municipalities and that the Ministry of Local Development in Kathmandu appoints them all

attests to this. Further, the municipalities (as well as various civil society organizations present

there) are heavily dependent on resources provided by the centre (both from the government and

donors) and this has fostered a culture of paternalism and dependency.

Government officials and the political parties are wholly in control of the municipal office and

mechanisms to allow for public oversight over them are nearly nonexistent. As the political

representatives have been nominated rather than elected, and because all the parties are

represented on the mechanism, there is a tendency for each to consider themselves as

representing only the interests of their particular constituencies and not of the municipality as a

whole. This has had ramifications on planning. When the APM meets to decide how to spend

available resources, significant competition occurs among the parties. There is a tendency among

parties to distribute projects in the annual plan as favors to supporters or in ways that benefit

themselves.x This tendency has a harmful affect on attempts towards large-scale and long-term

projects. Sections of the population that do not have direct links with representatives of the

political parties appear to be politically apathetic. As they have not participated in elections to

choose their representatives, they were often unaware of who to approach if they required the

services of the municipality. xi

3.2.2 Mechanisms to Ensure Greater Accountability

In some of the municipalities, some measures have been taken towards encouraging greater

public oversight over the municipality. Notably, in recent years, Itahari has taken a number of

measures to improve its governance mechanism through increased people‘s participation,

transparency and information sharing. These include: nomination of a nodal officer, the

provision of a suggestion box, a notice board, citizens‘ charter on hoarding boards, and a website

of the municipality.xii

In Lekhnath, the APM holds office hours at the municipal office where

locals can come and voice their grievances. In Tansen, the NGO REDA has been successful in

bringing municipal officers and highly deprived sections of public together through public

interactions, with the objective of educating the latter in how to solicit the municipal office for

funds. Similarly, in Baglung, interest groups representing specific communities, such as NEFIN,

have achieved their demand for greater role in the spending of funds earmarked for the

empowerment of the communities they represent. In the absence of elected representatives,

however, these measures have had little impact in the face of growing powers enjoyed by

political parties and continued executive control of the municipality by civil servants.

3.2.3 Civil Society Organizations

The presence and level of vibrancy of civil society groups varies from municipality to

municipality. NGOs, interest groups and the media are particularly strong in Baglung, Tansen

and Dhankuta, which also serve as the district headquarters or Itahari, which is an important

transit point at the intersection of two national highways. Because of their location, district- and

regional-level civil society organizations work out of these municipalities. The objectives and

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related activities of these civil society groups are diverse and range from youth clubs and human

rights groups to those geared towards improving rural livelihoods and democratic governance.

Further, national-level interest groups like the Nepal Federation of Indigenous Nationalities

(NEFIN) and major publication houses also have their district offices in these municipalities

which are also district headquarters.

Based on the fieldwork, it is evident that NGOs and interest groups in Baglung, Dhankuta and

Itahari also have particularly deep relations with the municipality and are regarded as integral

partners in municipal governance. In general, these NGOs and interest groups receive a modicum

of support from their respective municipal offices and District Development Committees (DDC),

and they are often invited to participate in municipal affairs while discussing annual and periodic

plans, and the budget (though mostly only after the parties and the municipal office have already

taken the decisions).

In contrast, NGOs and interest groups are quite weak in Lekhnath and Mechinagar. In the case of

Lekhnath, this is due to the fact that civil society groups like the NGOs, interest groups and

media outlets are based in the nearby district headquarters, Pokhara, and have a limited interest

in Lekhnath. In the case of Mechinagar, it is because of the dominant role played by political

parties and business groups have left very little room for civil society organizations. As a result,

most of the active NGOs in Mechinagar are relegated to activities that do not directly challenge

the local government such as issues of single women or youth programs.

All the participating municipalities have fairly good numbers of educational institutions with at least

one college in each municipality. Mechinagar, Lekhanath and Itahari have no hospital with C/S

facilities whereas Tansen, Buglung and Dhankuta possess hospital with C/S facilities with 1100, 45

and 25 beds respectively. All the municipalities have of TLOs. The TLOs are the lowest level

organization in a municipality focusing on grass-level community development issues. Each

municipality has squatter/unmanaged settlements. Itahari has the highest number of squatter

settlements (33) having more than 11000 squatter households followed by Lekhanath and

Mechinagar municipalities having 10 settlements each with 922 and 2977 squatter households

respectively. Baglung municipality has only 3 settlements of squatters comprising of 60 households

altogether (Table 3.3).

Table 3.3 Summary of Social and Institutional Characteristics of the Six Municipalities

Municipalities No.

Educational

Institutions

Hospital with C/S

Facilities ( Y/N) and

Number of Beds

No of Tole Lane

Organization(TLOs)

Constitutes

No of Squatters/

Unmanaged

Settlement

Number of Squatter

HHs

Tensen College =3

HS(10+2) =11

School =23

Y-1100 95 8 180

Baglung College = 1

HS(10+2)=12

School =36

Y-45 121 3 60

Lekhanath College =3

HS(10+2) =9

School=51

N 177 10 922

Itahari College =3

HS(10+2) =9

School=39

N 170 33 More than 20% of

total 56181 HHs

Dhankuta College= 1

HS(10+2) =5

School=31

Y-25 165 7 141

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Mechinagar College =3

HS(10+2)= 6

School=29

N 144 10 2977

Source: Prefeasibility Study, 2010

3.2.4 Community Based Organizations (CBOs)

Across Nepal, there are two kinds of CBOs that function as extensions of the municipal office

when it comes to implementing projects or ensuring public participation in the municipality‘s

activities. These are:

i. Users‘ Groups (UGs)

The Local Self-Governance Act 1999 (LSGA) and the related Local Government Financial

Administration Regulations 1999 (amended in 2007) require all local bodies, including

municipalities, give priority to users‘ groups while implementing projects that involve funds less

than Rs 6.5 million (LSGA, Article 265).xiii

Accordingly, all the six UGDP-targeted

municipalities implement most of their projects worth less than that amount through users‘

groups (UGs) though this figure has been reported as being less in some municipalities (e.g., in

Mechinagar it was reported as being Rs 3.5 million). The UGs generally consist of members who

are from the locality where the project is being implemented and who take the responsibility of

constructing, managing and benefiting from such projects. However, there are exceptions such as

in the case of the landfill site in Dhankuta where none of the members of the users‘ group set up

to construct and manage the landfill site, are from the project site vicinity.

A provision in the LSGA requires that all users‘ groups include at least 30 percent women, with

one woman in a leading position (chair, vice-chair or treasurer).xiv

In addition, participation of

Janajatis and Dalits is to be encouraged. Generally, however, these provisions are only nominally

enforced. Other issues regarding users‘ groups will be explored in the section on implementation.

In general, it is widely acknowledged in all six municipalities that implementation of projects

through UGs fosters greater community participation. In most cases, locals of the area also

provide matching funds. As the projects implemented in this way benefit the very people

responsible for implementing them and as they themselves have contributed their resources and

labor to the project, UGs have an incentive to closely oversee implementation and ensure that

leakages do not occur. As a result, it was widely agreed across all municipalities that projects

implemented through UGs were of a superior quality to those undertaken through contractors,

not least because very little was wasted on kickbacks or commissions.

Notwithstanding these benefits of implementing projects through UGs, there are also some

problems that need careful consideration. Many UGs face problems of limited capacity, and a

lack of technical knowledge which limits their ability to execute projects/investments that are of

a large scale. While the municipalities do provide trainings to members of UGs, these are usually

considered to be superficial and inadequate to the tasks devolved to them. This problem has

increased in recent years, as UGs have been handed large-scale and technically complex

projects/investments (e.g., roads, bridges). As a result, there is an increasing trend for UGs to

sub-contract out the whole project or parts of it to small-time contractors, which is in

contravention to stipulations in the Local Government Financial Administration Regulations.

This is mostly done without the knowledge of the municipal office, and the monitoring and

technical officials at the office find it difficult to keep a close eye on this process. It is widely

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assumed that kickbacks and other leakages are involved in this process, though not to the degree

when the municipality contracts out projects directly.xv

ii. Tole Lane Organizations (TLOs)

TLOs are grassroots community organizations formed in each settlement cluster (tole). In the

municipalities, TLOs were initially organized through the UNDP‘s Rural Urban Partnership

Programme (RUPP) in 1997. Although RUPP came to an end in 2007 after having completed

three phases, new TLOs have either been formed throughout Nepal by replicating the RUPP

model of social mobilization, or given continuity by the municipalities after the programme was

phased out. In each of the six municipalities under study, there are more than 100 TLOs serving

as the main interface between local government and community members. Broadly speaking,

these TLOs, developed through the social mobilization process, participate in the integrated

Participatory Municipal Development Planning (PMDP) process; mobilize community members

for their socio-economic development activities through savings and credit activities,

construction and operation of community-level infrastructure projects, etc; and promote

responsive service delivery by engaging in development and social activities, especially by

promoting rural-urban linkages.xvi

The level of capacity and participation in TLOs, and the attention paid to them by the municipal

office, varies from municipality to municipality. TLOs are particularly active in Lekhnath and

the municipality has made major efforts to train them and include them in municipal activities.xvii

It appears that this is because there is an acute lack of other civil society groups in that

municipality. By contrast, only a few TLOs in Dhankuta (approximately 65 percent) and Itahari

(15 to 20 percent) are active. In the case of Itahari, it is allegedly the dominant role played by the

political parties in the municipality that has marginalized the TLOs. The situation of TLOs in

Baglung and Tansen appear to lie between these two extremes.

3.3 Historical Context

The number of places classified by the government as ―urban‖ or ―municipal‖ (these terms are

regarded as interchangeable, although Article 88 (2) of the 1999 Local Self Government Act

considers municipalities to be semi-urban areas) has steadily increased over the past six decades.

If the number of designated urban areas was 10 in 1952/54, this number went up to 58 in 2001.

This is where the number now stands. According to the LSGA, for an area to be considered a

municipality it should have a population size of at least 20,000 in the Tarai and 10,000 in the

hills/mountains, have an annual revenue of at least Rs. 5 million in the Tarai and Rs. 500,000 in

the hills/mountains and have ―minimum urban facilities such as electricity, road, drinking water,

communication and other similar urban facilities.‖ xviii

The increasing importance of urban areas in Nepal can be seen not only by their increasing

number, but also by their increasing share of Nepal‘s total population:

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Table 3.4 Total Population by urban-rural residence and urban population as a percent of

rural population, Nepal, 1952/54 - 2001

Source: Pitamber Sharma, ―Urbanization and Development‖xix

The increasing importance of urban areas to Nepal‘s economy can be seen in the decline of

agricultural production and the increase of industrial production as a total share of GDP. ―In the

1960s, over two-thirds of GDP was contributed by the agricultural sector. In 1990/91, 55.5

percent of the GDP originated in agriculture. In 1999/2000 this has come down to 39.5

percent.‖xx

Table 3.5 Industrial Origin of GDP, Nepal 1990 – 2000

(in million NRs.)

Source: Sharma, ―Urbanization and Development‖ [MoF (2002), Economic Survey, Fiscal 2001/2002.]xxi

Despite the gradual increase in the urban areas share of population and its increasing importance

to the economy, the level of urbanization is still very low in Nepal. Further, infrastructure and

other services have not been able to cope with the influx of migrants into the urban areas. A very

large number of migrants move to the Kathmandu valley and other large towns such as Pokhara

in the hills and Biratnagar in the Tarai. It is thus necessary to develop infrastructure as well as

employment in second-tier municipalities to ensure that the flow of migrants to urban areas

across Nepal takes place on a more even and sustainable basis.

3.4 Political Context

The regime change of 1990, when autocratic monarchical rule was replaced by a parliamentary

democracy, heralded far-reaching changes in the process of decentralization. Local bodies were

granted more authority than ever before. All these changes were synthesized and formalized in

the 1999 Local Self Government Act. But the architecture of self-governance began to break

down soon after the promulgation of the act.

1952/54 1961 1971 1981 1991 2001

Urban population 238,275 336,222 461,938 956,721 1,695,719 3,227,879

Rural population 8,018,350 9,076,774 11,094,045 14,066,118 16,795,378 19,923,544

Total Population 8,256,625 9,412,996 11,555,983 15,022,839 18,491,097 23,151,423

Urban population as percent of rural population

3.0 3.7 4.2 6.8 10.1 16.2

1990/91 Percent 1995/96 Percent 1999/2000 Percent

Agriculture, Forestry, Fishery

55368 55.5 85569 35.7 144644 39.5

Manufacturing 5956 6.0 22466 9.4 33550 9.2

Construction 11078 11.1 26093 10.9 37373 10.2

Trade/Restaurant/Hotel 12902 12.9 28317 11.8 42895 11.7

Other 14393 14.4 76943 32.1 107822 29.4

Total 99702 100 239388 100 366284 100

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Just three years after the LSGA was passed, in 2002, the entire elected leadership of local bodies

across the country was dissolved because their elected tenure, gained during the local elections

of 1998, had come to an end. Nepal was in no position at the time to hold fresh elections as a

result of the Maoist insurgency so, as a transitional measure, representatives from the centrally

controlled civil service were initially granted full administrative authority. Political

representatives were nominated to local bodies through royal decree. Although then-King

Gyanendra did hold elections to some local bodies in February 2006, these polls took place

against the backdrop of countrywide opposition to his regime, as he had seized all executive

powers a year earlier. None of the major parties participated, and only 20 percent of the

electorate voted, thus compromising the elections‘ legitimacy.

By the time the parliamentary parties, along with their new allies the Maoists, returned to power

in 2006, it was evident that many political changes had occurred in the intervening years.

Demands for self-governance and devolution of power had become so radical that they went

beyond anything envisaged in the LSGA. The political class accepted these demands, and it was

declared that Nepal would be federalized. The LSGA of 1999 thus lost its authority less than a

decade after its promulgation.

The Constituent Assembly (CA) that first sat in 2008 is meant to devise the new framework that

is to govern Nepal‘s new federal structure. As an interim measure, the political parties have set

up transitional arrangements as outlined above in the section ―Institutional Context.‖ As

mentioned, these arrangements suffer from capture by dominant political parties and a lack of

accountability. In the meantime, the CA is nowhere close to producing a framework for the new

state structure. Political turmoil at the centre also means that it is highly unlikely that local

elections will be held in the foreseeable future. When the parties do finally come around to

debating the nature of federalism and begin implementing it, conflict may arise at the local

levels, the precise form of which it is not currently possible to determine.

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4. KEY SOCIAL RISKS AND OPPORTUNITIES This section discusses about the likely social risks, impacts and anticipated opportunities after

the intervention of the various (sub) project activities of UGDP: Nepal Emerging Town Project

(NETP) as per the prefeasibility study.

4.1 Social and Political Economic Risks2

The domination of all municipal activities by the political parties and the Executive Officer, and

the extremely limited involvement of civil society, CBOs or the general public, is perhaps the

single most important factor that could cause problems in the implementation of the UGDP. This

state of affairs encourages the tendency for parties to treat municipal resources as sources of

patronage. The mitigation of this risk will require that various safeguard measures be put in place

to provide community ownership of the project as well as help nurture democratic institutions at

the local level, especially civil society groups, TLOs and users‘ groups.

In addition, there is also a tendency for parties to distribute funds for projects that will bring

them partisan benefit. This has, to some extent, led to a situation where projects are selected

more for the immediate demands of the parties‘ constituencies rather than for the long-term

requirements. Relying exclusively on the municipalities for the implementation of the project,

without effective mechanisms for checks and balances and a strong provision for monitoring

from the center, is likely to make these power-holders only stronger instead of reducing the

entrenched social inequalities present in the municipalities.

Further, when these municipalities receive large sums through the UGDP, it opens the

possibilities for municipalities to transgress into activities or arrangements that would cause it to

compromise on governance issues and fiscal management. The influx of a large amount of funds

through the UGDP could also lead to an increase in tensions and competition between various

groups, including political parties, for access to resources. If it is perceived that the resources

brought by the UGDP have benefited certain sections of the population, resentment may arise

among those from marginalized groups or areas. In addition, there is a possibility of rising

corruption may with the increase in municipal funds through the UGDP.

Another risk factor is the absence of Madhesi towns amongst the six targeted municipalities

selected for the project. As mentioned earlier, while Mechinagar and Itahari lie in the Tarai

districts of Jhapa and Sunsari respectively, they are dominated by Pahadis and are considered

Pahadi towns. These two also experienced a significant influx of Pahadis in the aftermath of the

Madhes movement of 2007. With Madhesi parties now well established as one of the important

players in Nepal‘s political landscape, the exclusion of Madhesi towns is also likely to

undermine the credibility of the project.

2 This section has been adapted from a World Bank Study-- ―the Nepal Emerging Towns Project (NETP) Local

Political Economy and Post-Conflict Situational Analysis‖ by Aditya Adhikari and Bandita Sijapati, December,

2010

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4.2 Likely Social Impacts and Issues

While the social impacts and risks identified are preliminary in nature, potential for occurrence

has to be ascertained during further stages of project design and implementation. Sub-projects

undertaken for development purposes and to overcome infrastructure problems in the urban areas

may require forcible relocation of residents especially from slums and other areas of congestion,

causing severe adverse social and economic impacts. The problem becomes exacerbated when

the rights and entitlements of these people are not recognized in the local laws and resettlement

policies. Due to this it becomes the responsibility of the project implementing authorities to see

that the sub-project plan takes into consideration the potential social impacts on the people

before considering the sub-project for implementation. Poverty related goals would remain

elusive unless development planners and municipal administrators address resettlement issues

with empathy with no less importance and attention to urban development goals.

The prefeasibility studies have identified types of socioeconomic infrastructure that the

municipalities are likely to develop and some of these may have negative social fallout on

families and individuals in the form of loss of land, loss of structures, loss of livelihood/income,

loss of crops/trees and loss of community infrastructure and public utility lines. Further, issues

related to vulnerable groups such as the urban poor, women, socially and historically

disadvantaged groups such as Dalits and indigenous people forms another dimension of social

risks and problems.

An assessment of the likely impacts has been made to determine possible consequences of sub-

project interventions by consulting with the local stakeholders. The consultations with the local

stakeholders show that physical losses and adverse impacts arising from specific sub-project

interventions can be in the form of:

1. Loss of land - agricultural/homestead/commercial/community

Land acquisition leads to loss of land and displacement of people who are affected by the

sub-project under implementation. Loss of land refers to several types of impacts and

displacements, the commonly discussed impacts are:

Loss of agricultural land that includes loss of arable land, standing crops; this also

leads to loss of improvements and crops on land.

Loss of traditional land rights and subsistence income for indigenous or tribal

people, which forces them to a vulnerable state, losing their property rights

cherished and being utilized for generations

2. Loss of structures - permanent/temporary

Loss of built up property would broadly refer to change in housing typology and

occupancy level, change in demand pattern, valuation of built up properties. Change in

house or living quarters, other physical structures, structures used in

commercial/industrial activity, displacement from rented or occupied commercial

premises and educational organizations and institutions, loss of community centers,

markets and health centers

3. Loss of public facilities/community infrastructure

Loss of public utility lines would refer to relocation or realignment of utility lines like

water supply lines, sewerage network, and telephone and power supply cables before the

start of the sub-project or during sub-project execution phase that may affect the people

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who are using the services in the form of damage to the public utility lines, variation in

supply, blockage or choking, shift of demand on other systems or network, etc.

4. Loss of livelihood

Loss of livelihood would refer to, a person who stands to lose his / her source of income

due to the impact of the sub-project. Loss of primary occupation or source of income as

recorded in the census. Loss of livelihood through loss of job or job opportunities

primarily in urban areas affects people such as artisans or service providers like barbers,

washerwomen or men, shopkeepers, shop workers and small businesspersons

5. Loss of Productive Assets

It includes all assets, which are used in management and utilization of any economic

activity and occupation

6. Loss of access to urban civic services

During the construction activities or even during the maintenance phase of certain sub-

project access and also public utility lines along the road corridors or any other subproject

site may be limited or disrupted for the time period. There could be change in the

probability of accidents and congestion or disruption of traffic or there could be impact

on cemeteries, and burial sites causing problems to the public. After losing the common

resources the affected people may end up exploiting the host population. This may lead to

social tensions and environmental deterioration.

7. Loss of cultural property

A cultural property includes properties valued for their cultural, religious or social

significance by the local community or any relevant stakeholders or any agency

established by law to conserve cultural heritage. Following are the possible impact that

leads to the loss of cultural property.

Damage of structures due to movement or due to the collision of heavy machinery

/ equipment during the construction phase.

Damage of structure from the vibration or due to the air pollution due to the

operation of heavy machinery / equipment. Damage of site due to improper waste

disposal.

Loss of shrines, other religious symbols or sites, places of worship (church,

temple, mosque, stupas ).

8. Loss of Vulnerable Groups

Although all sub-project-affected people may face hardships, the various vulnerable

groups like women, children and social disadvantaged groups could be more affected as

they have been discriminated against and exploited in the past. Vulnerability as such

needs to be understood in a larger perspective of social processes of change. One of the

main reasons for the vulnerability of the historically disadvantaged groups like the Dalits

is that they have very little legal entitlement or ownership of private property. They are

mainly dependent on community property resources or natural resources. Therefore

consequences of displacement on historically disadvantaged groups include adverse

conditions of living due to land alienation, inability to continue their traditional

occupation, dismantling of old production systems leading to increased economic

hardship and dispossession in social, cultural and political spheres. Under the project, the

following groups can be considered as members of a vulnerable group.

Dalit Castes;

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Indigenous Population;

Physically Challenged/Handicapped;

Woman-headed households; and

Low income group households below the poverty line

Children and the elderly, who could also be considered as members of the

vulnerable groups, may also be eligible for assistance and support mechanisms

under the collective category, if found necessary in subsequent stages of

investigation.

9. Issues of Indigenous People The term ―indigenous people‖ (adibasi/janjati ) describes social groups with a social and

cultural identity distinct from the dominant society that makes them vulnerable to being

disadvantaged in the development process. These are the marginal segment of the

population who engage in economic activities ranging from shifting agriculture in or near

forests to wage laborers or even small-scale market oriented activities. Social

disorganization may take place with the type of changes that are brought about by the

displacement process. The traditional social control mechanisms may be weakened and

even lost. Consequently social tensions may increase. Often the oustees, experience the

loss of self-esteem as individuals and as communities, when confronted with

development and modernization. When dealing with these groups it is important to

consider the following aspects and plan to avoid any adverse social impacts.

Close attachment to ancestral territories & to natural resources

Self-identification & identification by others as members of a distinct cultural

group

Indigenous language, often different from national language

Presence of customary social & political institutions

However, with improvement of drinking water schemes, drainages and sanitation services, road

and land management, the project is expected to result in improved socioeconomic and health

benefits for the local people in general and indigenous and vulnerable peoples in particular. The

Table 4.1 summaries the likely nature of impacts and social risks resulted during and after the

implementation of the subproject activities in each participating municipalities.

Table 4.1 Likely Nature of the Impacts and Corresponding Affected Population

Municipalities Projects Likely Nature of Impact/Risk Benefited

Population

Mechinagar 1. City Vestibule Development

and Traffic Enhancement

Measures

Recently proposed by Mechinagar :

Construction of Devkota Park with

Ghanta Ghar and Mini Market

Acquisition of private land and

buildings

Removal of squatters and encroachers

from the footpaths causing livelihood

losses – even though they are illegal

Loss of shelter for temporary shops /

residences of the squatters and

encroachers.

There might be lacking of capacities of

municipal administration to address the

social issues related to R&R and IPs

that may arise due to the project.

Not Known Now

(NKN)

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Ownership Issues ( Land Development

Company to Municipality

Rehabilitation of Mahendra Duwar

Cooperative before construction of

minimarket

Size of the Minimarket determine the

requirement of IEE or EIA

2. Urban Agriculture Land

Development

Recently proposed by Mechinagar :

Black topping of Gokul Road (from

Itabhatta to Antu, Ilam), Integrated

project( Ninda Tmai River training ,

Patal Ganga development )

Land acquisition for transportation and

other purposes may cause R&R issues

Loss of productive assets and livelihood

of the marginal holders

A number of community infrastructures

such as irrigation system, foot trails,

cattle track, water supply sources and

water supply pipes, chautari, temple etc.

may be disrupted during

implementation of the sub project

Municipal staff may have little or no

exposure to social assessments and

appreciation towards R&R and may

consider it cumbersome.

Acquisition of private land and

buildings

Removal of squatters and encroachers

from the footpaths causing livelihood

losses – even though they are illegal

Few buildings and small houses of

Rajbanshis ( IP of Jhapa) need to be

removed

NKN

Dhankuta 1. Water Supply Augmentation &

Management Conflict may arise in terms of water

using rights and ownership of the

sources between Hele and Dhankuta

user groups

Risk of exclusion of vulnerable

communities

Community participation may be low

due to the provision of compulsory

contribution of all users

Municipal staff may have little or no

exposure to social assessments and

appreciation towards R&R and may

consider it cumbersome.

The entire

population of the

municipality except

8 and 9 wards.

2. Construction/rehabilitation of

13 KM black topped road from

Triveni to Yakchana Ward No

7/8

Acquisition of private land buildings in

commercial location( entry point)

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Itahari 1. Detailed designed and

Construction of Inner Ring

Road ( IRR)

Acquisition of private land buildings

Removal of squatters and encroachers

from the footpaths causing livelihood

losses – even though they are illegal

Loss of shelter for temporary shops /

residences for squatters and encroachers

Risk of exclusion and participation (as

the road passes through different types

of communities characterizes by

varying incomes, the same contribution

by each community may not be

applicable.

There might be lacking of capacities of

municipal administration to address the

social issues related to R&R and IPs

that may arise due to the project.

The project is expected to enhance the

road excess and economic opportunities

for the city residents.

The proposed ring

road indirectly

benefits the entire

population of the

municipality and the

passer byes. The

direct beneficiary is

estimated to be 35 %

of the total

population (75000 in

2010) those who will

be using the roads

regular basis.

2. Construction of Surface

Drainage in the Core City Area There might be a loss of public utility

services due to improper planning

delays in restoring and reconstruction

of the disturbed and lost public utility

lines and causing inconvenience in the

towns

Loss of access to urban civic services

and common property resources. Such

impact is often seen in the construction

stage. Delays in reconstructing the lost

structures and services after the

construction

The project is expected to enhance the

environment of the area and ultimately

the image of the city.

The proposed

drainage project

indirectly benefits to

the entire population

of the municipality

and the passer byes.

The direct

beneficiary is

estimated at 33% of

the total population

(75,000 in 2010)

Lekhanath 1. Conservation of Lakes and

Tourism Development Removal of squatters and encroachers

from the vicinity of lakes causing

livelihood losses – even though they are

illegal

Loss of shelter for temporary shops /

residences of squatters and encroachers

Loss of shrines, other religious symbols

or sites, places of worship may occure

The project expected to promote

conservation of lakes, wetlands and

surrounding forests for tourism

development providing economic

opportunities for local people.

Municipal staff may have little or no

exposure to social assessments and

appreciation towards R&R and may

consider it cumbersome.

In a true sense, all

the population

within the

municipality and

surrounding VDCs

would be benefitted

through the process.

However, the

directly benefitted

population is

estimated to be

around 42% of the

total population (

60000 in 2010)

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2. Effective Land Management Land acquisition for transportation and

other land development purposes may

cause R&R issues

Loss of productive assets and livelihood

A number of community infrastructures

such as irrigation system, foot trails,

cattle track, water supply sources and

water supply pipes, chautari, temple etc.

may be disrupted during

implementation of the sub project

Risk of exclusion and participation (as

the project will be lunched in a diverse

community setting characterizes by

varying income and land holding size,

the same contribution by each

household may not be suitable.

The direct

beneficiaries of this

project are the

landowners within

the project area. The

number of

landowners cannot

be accessed now.

However, some

rough estimation can

be made by the

number of parcels. A

total of 8,387 people

would be directly

benefitted after the

development of 921

ha with the

presumption of

parcel to landowner

ratio being 1:1.

Baglung 1. Improvement to the Ring Road Loss of public utility services due to

improper planning delays in restoring

and reconstruction of the disturbed and

lost public utility lines and causing

inconvenience in the towns

Loss of access to urban civic services

and common property resources due to

delays in reconstructing the lost

structures and services after the

construction

Community participation may be low

due to the provision of compulsory

contribution (Rs 7400.00/HH) of all

users.

The project is expected to enhance the

environment of the area and ultimately

the image of the city.

Wards 1,2,3,4 and

11 are the main

urban areas where

2/3rd of the total

municipality

population

(including estimated

10,000 rental

population) live. It is

estimated at 60% of

the total municipal

population will

directly benefit from

the project.

2. Run off Diversion and City

Drain Rehabilitation Acquisition of private land and

buildings

Removal of squatters and encroachers

from the footpaths causing livelihood

losses – even though they are illegal

Loss of shelter for temporary shops /

residences for squatters and encroachers

Risk of exclusion and participation

vulnerable section of the society (as the

road passes through different types of

communities characterizes by varying

incomes, the same contribution by each

household may not be justifiable.

There might be lacking of capacities of

municipal administration to address the

social issues related to R&R and IPs

that may arise due to the project

The ring road

indirectly benefits to

the entire population

of the Municipality

and many in the

surrounding VDCs.

The direct

beneficiary is

estimated by the

Municipality to be

46% of the total

population of

Baglung.

Tasnsen 1. City Conservation and Tourist

Development Loss of incomes and livelihood while

shifting of existing shops and offices

The entire

municipality shall be

benefitted by the

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from Durbar Square Area may come

up.

Loss of shrines, other religious symbols

or sites, places of worship may occur

There might be a loss of public utility

services due to improper planning

delays in restoring and reconstruction

of the disturbed and lost public utility

lines and causing inconvenience in the

towns.

Municipal staff may have little or no

exposure to social assessments and

appreciation towards R&R and may

consider it cumbersome.

program. The city

core people shall

directly benefit

through the

expansion of the

tourism trade, and

the rural people of

the municipality

shall be benefitted

by the increased

production and

selling of

agricultural and local

products to the town

2. Water Supply Optimization and

Management Conflict may arise in terms of water

using rights and ownership of the

sources

Risk of exclusion of vulnerable

communities while selecting the

households for rain water harvesting

Community participation may be low

due to the provision of compulsory

contribution of all users.

The beneficiary

population is the

people of all wards

except 11 and 12,

where the

distribution from

existing system is

available. However,

the rainwater

harvesting may be

extended to the

entire municipality.

The foregoing description of the impacts portrays a generic picture of the social attributes to be

verified during the feasibility and details study of the sub-project. Considering that the scale and

size of possible activities to be covered under UGDP: NETP will very likely be small in terms of

land acquisition and effects on Indigenous and other vulnerable people, no requirement of

preparing full RAP and VCDP is expected. Nonetheless, the list provides sufficient information

for social screening. As outlined in chapter 8, if the subproject passes the criteria and no further

social impact studies are required to prepare RAP and VCDP, the checklist should be used to

identify relevant and social concerns. This information should be used to design the best

environmental and engineering practices to avoid or mitigate any adverse environmental and

social impacts.

Furthermore, this framework commits the project authorities to minimize the displacement and

to ensure a fair, efficient and transparent way of dealing all matters relating to land acquisition

and involuntary resettlement including loss of assets and other adverse impacts on PAPs due to

the socioeconomic infrastructure projects.

4.3 Stakeholder Analysis

Stakeholders are people, groups, or institutions, which are likely to be affected by the proposed

project (either negatively or positively), or those which can affect the outcome of the project.

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Generally a distinction is made between two kinds of stakeholders, the primary and secondary

stakeholders. The primary stakeholders are the stakeholders who are directly affected, either

positively or negatively by the project. As such, the primary stakeholders of UGDP: NETP

include the intended users of the improved service deliveries and developed socioeconomic

infrastructures and facilities; in other words the intended beneficiaries of the project. The

secondary stakeholders are central government and donors but also include local NGO‘s, private

sector entrepreneurs, local governments and political parties. Thus, the secondary stakeholders

are stakeholders, which play some intermediary role and may have an important effect on the

project outcome. Overall, the UGDP: NETP has following stakeholders at different levels:

Ministry of Physical Planning and Works (MPPW): It acts as lead executing agency of the

project. It represents GoN, chairs the project Steering Committee (SC), carries inter ministerial

coordination. It works with municipalities through the Department of Urban Development and

Building Construction (DUDBC), the Department of Water Supply and Sewerage (DWSS), and

Town Development Committees (TDC's). The major responsibilities of the Ministry are: (i)

development of the national strategic transport network particularly of the road network, (ii)

housing and urban environmental improvements and (iii) increased access to water supply and

better sanitation facilities.

Ministry of Local Development (MLD) is the co executing agency and represents SC as co-

chair at the national level. It is the focal organization for local development, supervising 75

DDCs, 3913 VDCs and 58 municipalities. MLD's main functions are to implements the LSGA,

co-ordinate local governments bodies, and execute administrative and development grants for

local development. MLD deputes its staff to municipalities. The MLD will implement the

Service Delivery Improvement component of the project, which will top up existing block grants

to the municipalities, to help local authorities maintain minimum service delivery standards,

provide adequate O&M support to existing assets, and address routine urban management issues.

MLD will also be responsible for implementing activities associated with its institutional

development.

The Town Development Fund (TDF): it is a state-owned corporate body established in 1989

and will manage Socio-economic Infrastructure Development component of the project under its

regular product lines and standard operations. It will support expansion/rehabilitation of essential

infrastructure/services for which the municipalities are responsible. The selection of investment

priorities will be undertaken by each municipality based on a comprehensive socio-economic

development plan (periodic plan, where relevant) that is prepared in consultation with local

stakeholder groups, including the all party mechanism. The TDF will manage the fund; appraise

sub-projects selected by the municipalities for their technical and financial feasibility; and assess

the ability of municipality to meet its financial obligations associated with the investments. The

TDF has been assisting municipalities in project initiation, feasibility studies, engineering design,

and project implementation; it also performs due diligence in project appraisal, disbursement and

civil works.

Department of Urban Development and Building Construction (DUDBC): Under MPPW,

the Department of Urban development and Building construction (DUDBC) hold responsibilities

relating to housing and physical planning and building construction. The regional offices in the

five development regions and in 75 districts are responsible to the DUDBC at the central level.

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DUBC seeks to develop planned and organized urban settlements with the provision of

employment opportunities and basic physical facilities in a cost effective way. For UGDP:

NETP, the DUDBC will implement Institutional Development (ID) activities for the

municipalities and the department itself. A key element of this will be the Municipal Support

Team (MST)—a mobile team of experts which will provide on-demand and in-time

backstopping support and on-the-job training to the municipalities and will be steered by the

responsible ID Component Manager.

The national level stakeholders with indirect responsibilities in the project include the ministry of

finance, population and environment, health, education, and industry, commerce and supply,

which perform their respective sectoral functions with implication for urban development and

management. Nepal Water Supply Corporation, Nepali Electricity Authority and Nepal

Telecommunication Corporation are corporate bodies responsible respectively for providing

services of water, power supply, and telecommunications.

Municipalities: Nepal has a two-tier local governance structure with District Development

Committees (DDC-75) on the top tier and, below, municipalities (58) and Village Development

Committees (VDC-3913). The Municipalities and VDCs are formed on the basis of popular

voting. For UGDP: NETP, the participating six municipalities represent two members to the SC,

implement subprojects ((design and construction) under its jurisdiction, balance the project with

other works of the municipality, select sub-projects and implement, formulate policy and

programs, work for the project in the improvement of service delivery, socio-economic

infrastructure and institutional development, coordinate with the key stakeholders: all party

mechanism, CBOs, UCs, NGOs, private sectors in effective municipal development; and engage

the project municipalities‘ staff, citizens and key stakeholders in the program and activities. The

project will be implemented at the municipality level largely through existing systems, but with a

focus on strengthening them.

Users’ Groups (UGs): The UGs generally consist of members who are from the locality where

the project is being implemented and who take the responsibility of constructing, managing and

benefiting from such projects. The Local Self-Governance Act 1999 (LSGA) and the related

Local Government Financial Administration Regulations 1999 (amended in 2007) require all

local bodies, including municipalities, give priority to users‘ groups while implementing projects

that involve funds less than Rs 6.5 million (LSGA, Article 265). A provision in the LSGA

requires that all users‘ groups include at least 30 percent women, with one woman in a leading

position (chair, vice-chair or treasurer). In addition, participation of Janajatis and Dalits is to be

encouraged..

Tole Lane Organizations (TLOs): TLOs are grassroots community organizations formed in

each settlement cluster (tole). In the municipalities, TLOs were initially organized through the

UNDP‘s Rural Urban Partnership Program (RUPP) in 1997. Although RUPP came to an end in

2007 after having completed three phases, new TLOs have either been formed throughout Nepal

by replicating the RUPP model of social mobilization, or given continuity by the municipalities

after the program was phased out. In each of the six municipalities under study, there are more

than 100 TLOs serving as the main interface between local government and community

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members. Broadly speaking, these TLOs, developed through the social mobilization process,

participate in the integrated Participatory Municipal Development Planning (PMDP) process;

mobilize community members for their socio-economic development activities through savings

and credit activities, construction and operation of community-level infrastructure projects, etc;

and promote responsive service delivery by engaging in development and social activities,

especially by promoting rural-urban linkages.

Adivasi Janajati People: They are communities having their own territory, own mother tongue,

traditional rites and customs, distinct cultural identity, distinct social structure and written or

unwritten history. They are considered to be disadvantaged group as their presence in all level of

governance is low in terms of their population. Rajbanshi, Kisan, Rai, Limbu, Tamang, Gurung,

Magar, Newar, Majhi are the adivasi and janajait communities found in the participating

municipalities.

Dalits: They are defined as those Hindu castes of people of Nepal who were categorized as

untouchables in the Old Civil Code of 1853 until the promulgation of New Civil Code of 1962.

The National Dalit Commission has defined the term 'Dalit‘ as ‗those communities who by virtue

of atrocities of caste-based discrimination and untouchability, are most backward in social,

economic, educational, political and religious fields, and are deprived of human dignity and

social justice. Kami, Damai, Sarki, Kusule, Dum, Chamar, Dhobi are the main Dalit groups

found in the UGDP project sites.,

Private Sectors: The Ninth Five year Plan and LSGA set out policies to foster the participation

of private sector in development activities, including the provision, operation and maintenance of

urban facilities, service and infrastructures. Accordingly, the project intents to involve private

sectors to support the efforts of local government in managing and maintaining municipal

services and facilities. The private sector represent to the SC from FNCCI, coordinate with trade

and commerce sectors which maybe individual and corporate organizations. The private sectors

support to implement the project, collaborate with work for the project in the improvement of

service delivery, socio-economic infrastructure and own organization development, coordinate

with the key stakeholders in effective municipal development.

Civil Society: The civil societies represents to the SC for policy input and to the municipalities

for implementation of the project components with their cooperation, coordinates with civil

society organizations for municipal development, and engage in the project program and

activities. The CSOs will cooperate the capacity building of various types of CSOs (CBOs, UCs,

NGOs and others) at municipal level under the project components. The CSOs have a great role

to play in urban service delivery and governance.

General Public and Residents of the Participants Municipalities: These included general

people, city residents, user groups, or communities which are likely to be affected by the

proposed project (either negatively or positively). Particularly, it includes the intended users of

the improved service deliveries and developed socioeconomic infrastructures and facilities; in

other words the intended beneficiaries of the project.

Mass Medias: Local, regional and central level medias can play pivotal role to bring a clear and

common understanding on the objective and scope of the Project amongst all stakeholders. They

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can play an important role in creating awareness, mobilizing people and making the preparation

and implementation participatory. They can play a critical role to ensure transparency in

implementation of the programs at the field level by promoting the concept of accountability and

social audit.

Donors (World Bank, GTZ): Provide required financial resources for the project in the forms

of loan/grant to GoN. Supervises the overall project implementation and reviews and issues no-

objection to procurement and disbursement documents.

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5. REVIEW OF LEGISLATIVE AND REGULATORY

REQUIREMENTS

Land acquisition, compensation and resettlement are crucial issues concerning development

projects in general and urban development projects in particular, as the latter are usually justified

in terms of the macroeconomic perspective against the local socioeconomic and environmental

costs in which they are located. This situation strongly demands for an appropriate resettlement

policy and implementation mechanisms. The major objective behind addressing resettlement

issues is recognizing human beings as primary stakeholders and ultimate beneficiaries of

development projects. This Chapter provides a summary of national legislation and policies and

best practice guidelines pertaining to land acquisition, resettlement and rehabilitation.

5.1 Review of Relevant Laws and Polices of Nepal

5.1.1 Resettlement Policy and Legal Measures on Land Acquisition

In Nepal, there is legislation covering land acquisition/appropriation and constitutional

guarantees to the right to property and the right to compensation for property acquired under the

law. In 2006, the country‘s National Planning Commission (NPC) prepared a policy on land

acquisition, compensation and resettlement called The National Policy on Land Acquisition,

Compensation and Resettlement in Development Projects in Nepal. However, Nepal does not

have legislation that specifically addresses involuntary resettlement. Nevertheless, resettlement

has been addressed on a project specific basis as per the guidelines of World Bank since late

1980s and ADB since the beginning of 1995.

The Interim Constitution of Nepal 2063 (2007)

Article 19 of the Interim Constitution (2063 (2007)), Right to Property, states that (1) ―Every

citizen shall, subject to the laws in force, have the right to acquire, own, sell and otherwise

dispose of the property. (2) The State shall not, except in the public interest, requisition, acquire,

or create any encumbrance on the property of any person. Provided that this clause shall not be

applicable on property acquired through illegal means. (3) Compensation shall be provided for

any property requisitioned, acquired or encumbered by the State in implementing scientific land

reform program or in public interest in accordance with law. The compensation and basis thereof

and operation procedure shall be as prescribed by law.‖

National Policy on Land Acquisition, Compensation and Resettlement, 2006

The National Policy on Land Acquisition, Compensation and Resettlement in Development

Projects in Nepal was prepared in September 2006 by the National Planning Commission (NPC)

with ADB assistance. The Policy was approved by a ministerial working committee and the NPC

but its finalization is still awaiting approval from the concerned government agencies, cabinet

and the parliament. The Policy has the following guiding principles:

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Appropriate and adequate compensation for the loss of assets or income is a fundamental

right of all project affected persons. Physically displaced people must be relocated with

basic amenities such as school, health posts and other facilities.

All affected persons should be assisted to restore at least their pre-project income and

livelihood sources.

The absence of legal title to land should not be a bar for compensation, resettlement and

rehabilitation assistance.

Vulnerable groups such as Janajati/Adivasi, Dalits, landless, women, especially women-

headed households, differently-abled, poverty groups and senior citizens are entitled to

special benefit and assistance packages in addition to compensation and resettlement.

Drawing upon the provisions of the ADB‘s and World Bank‘s involuntary resettlement policies,

and building on current resettlement practices in the country, the Policy establishes a range of

compensation entitlements for people affected by development projects. Amongst others, this

includes:

cash compensation at full market value (equivalent to replacement value) for all acquired

land if the provision of replacement land is not feasible; with the stipulation that a person

who becomes a marginal landholder as a result of land acquisition should be provided

with replacement land of equivalent productivity or value;

cash compensation at replacement cost for the loss of all structures (residential, business

and other structures), with no deduction for depreciation or for salvageable materials; or

provision of a replacement house;

cash compensation for private trees based on the annual value of the produce;

compensation for the loss of income from rented buildings;

cash compensation for the loss of standing crops; and

compensation to registered tenants and sharecroppers, equivalent to 50% of the

compensation for the concerned area of land and lost crops.

The Policy states that squatters and non-titled landholders are not entitled to compensation for

the land they occupy. However, those who have earned their livelihoods from access to/use of

the land for more than three years prior to the project‘s compensation cut-off date should,

wherever possible, be provided with replacement land on a lease basis. They should also be

assisted in their efforts to legalize their tenure in order to qualify for compensation.

Rehabilitation measures proposed by the Policy include:

proper resettlement planning, including developed relocation sites with amenities/easy

access to amenities;

for resettled farming communities, homesteads sites of sufficient size for storage of

agricultural produce, keeping of livestock and for kitchen gardens;

employment on the project, where possible, to at least one member of each affected

household, with half of the employment opportunities reserved for women; and

additional relocation and rehabilitation support measures, particularly to displaced

households, severely affected households, women and vulnerable people.

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Land Acquisition Act, 2034 (1977)

The Land Acquisition Act (LAA), 2034 (1977), first promulgated in 1961 (Land Acquisition

Act, 2018) is the core legal document to guide tasks related to land acquisition and resettlement

activities in Nepal. There is provision in Clause 3 of the Act to acquire land for any public

purpose, subject to the award of compensation. According to Clause 4, institutions seeking land

acquisition may also request GON to acquire the land under the regularity provisions subject to

be compensated by such institutions' resources. Clause 27 of the Act provides provisions for land

acquisition through the mutual agreement with the plot owners, where the process of land

acquisition as per Act is not required. The Act grants the plot owner the right to choose between

a mutual agreement process, or the formal process for land acquisition as per the Act. Where

Clause 27 is enacted, and the plot owner not satisfied with the compensation agreement offered,

Clause 18 (sub-clause 2) states that the owner can file a complaint with the Ministry of Home.

While acquiring land, GoN forms a Land Acquisition and Compensation Fixation Committee

(LACFC) under the chairmanship of Chief District Officer (CDO) of the restrictive districts as

per the Clause 13 of the Act. The other members to be included in the Committee comprise of

the Chief of Land Revenue Office (LRO), an Officer assigned by CDO, representative from

District Development Committee (DDC), Concerned Project Manager, and VDC representative.

The Project Chief functions as the Member Secretary of the Committee. In addition, it has

become the practice to include representatives from the Affected Persons (APs). This practice of

fixing compensation is known as Community Consensus Valuation (CCV). LACFC determines

the amount of compensation considering the following factors: current price of land value, value

of standing crop, houses, walls, sheds or other structures, loss incurred as a result of shifting

residence or place of business, and consider relevant acts and periodic guidelines of GoN.

According to Clause 6, if the land has to be acquired for institutions other than the local

governance bodies and institutions fully owned by the government, the Committee has to

consider the following in fixing the compensation amount: (i) Price of land prevailing at the time

of notification of land acquisition; (ii) Price of standing crops and structures; and (iii) Loss

incurred by the AP by being compelled to shift his or her residence or place of business in

consequence of the acquisition of land.

The Clause 9 sub-section 3 of the Act mentions that the duration of compensation days will be

determined by LACFC. Clause 37 of the Act illustrates that the Committee may extend the

period of additional three months, if compensation are not collected by those affected. After

termination of extended three months period the amount will be deposited to the Government

account.

The compensation to be provided for land acquisition should generally be in cash as per current

market value. However, there is also a provision under Clause 14 to compensate land for-land

provided government land is available in the area. The Act also envisages the possibility of two

separate rates of compensation, distinguishing between families who lose all their land and those

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who lose only some part of their landholdings. As stipulated in the Clause 10 there is provision

for the affected households to take the crops, trees and plants from land and salvageable from the

structures. Clause 39 indicates options to allow the affected households to take all salvageable

assets without deduction of any costs from the affected households. Legal tenants of the land are

entitled for 25% of compensation amount of the acquired land. If the tenant has built house also

with the consent of the landowner, then he shall be entitled for full compensation of such house

(Clause 20). Unpaid government taxes, if any, could be deducted from the compensation amount

(Clause 21)

Any grievances and objections will be referred to the Grievances Redress Committee (GRC) as

per Clause 11 of the Land Acquisition Act, 2034 (1977). The Act assigns the CDO as the sole

responsibility to chair land acquisition activities and to address the grievances related to the

Resettlement Plan (RP) implementation activities.

Land Reform Act, 1964

Another key legislation in Nepal related to land acquisition is the Land Reform Act (LRA) 2021

(1964). This Act establishes the tiller's right on the land, which he is tilling. The LRA

additionally specifies the compensation entitlements of registered tenants on land sold by the

owner or acquired for the development purposes. The most recent Act Amendment (2001)

established a rule that when the State acquires land under tenancy, the tenant and the landlord

will each be entitled to 50 percent of the total compensation amount. Tenants are verified

through a record of tenancy at the Land Revenue Office.

Guthi Corporation Act, 1976

Land acquisition must also comply with the provisions of the Guthi Corporation Act, 2033

(1976). Section 42 of this Act states that Guthi (religious trust land) acquired for a development

must be replaced with other land, rather than compensated in cash.

Forest Act, 1993

The Forest Act, 1993 recognizes the importance of forests in maintaining a healthy environment.

Section 49 of the Act prohibits reclaiming lands, setting fires, grazing, removing or damaging

forest products, felling trees or plants, wildlife hunting and extracting boulders, sand and soil

from the National forest without prior approval. Clause 68 (1) of the Forest Act 2049 (1993)

states that the government may permit the use of any part of government-managed forest,

leasehold forest or community forest, if there is no alternative for the implementation of a plan or

project of national priority without significantly affecting the environment. According to the

clause 68 (2), if any loss to persons or community is involved while permitting use of such land,

it is required to compensate the loss.

Water Resources Act, 1993

The main objective of the Water Resources Act is to make legal arrangements for determining

beneficial uses of water resources, preventing social, environmental and other hazardous effects

thereof and also for keeping water resources free from pollution.

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Section 16 has a provision for land acquisition from government or public for the construction of

a water resource projects. If the project has been performed by Government of Nepal or a

licensee, Government of Nepal may prohibit to use the premises of a house or land located in the

area where such construction work is performed or the premises of a house or land located in the

prescribed distance from such place of construction by any other person for any specified

purpose. Government of Nepal or the licensee shall pay compensation, as prescribed under Land

Acquisition Act, 2034(1977) to the concerned person for such damage or loss caused due to such

prohibition.

Local Self-Governance Act, 1999

The Clause 258 in the Part – 5, General Provisions relating to Local Body Chapter – 3,

Miscellaneous has provision of land acquisition. The Clause states that in case the Local body

has to acquire land to carry out any development and construction works within its area, it may

acquire the land required for that work by following the requirements of the prevailing law and

providing compensation to the concerned land-owner for the land.

Town Development Act 1988

The Town Development Act 1988 provides the legal basis for implementing town development

plans. The Act has empowered both the central and local government agencies to carry out the

land pooling projects. The Local Self Governance Act 1999 also provides the municipalities and

the Village Development Committees to carryout town development plans but it is not

comprehensive enough to carry out town planning as compared to the Town Development Act

1988.

According to Town Development Act 1988, clause 12.1.1, the government can acquire pieces of

land to integrate them to add facilities and services and the Town Development Committee can

reimburse its investment by selling the developed plots of land and transferring the remaining

land to the original landowners. According to clause 5.2 of the Town Planning Directives 2005,

there is a provision to distribute the plots to marginal and excluded communities, with certain

conditions.

Public Road Act, 1974

The Public Road Act is the governing legislation for construction and operation of roads in

Nepal. The Act prohibits the construction of permanent structures (buildings) in a defined

distance from the rural road, i.e., the road agency has the authority over everything within the

right of way. The act makes provision for cases where road projects temporarily require land

and/or other properties during construction, rehabilitation and maintenance. A Compensation

Fixation Committee CFC determines compensation in case of loss of assets, business or

production. Provisions are also detailed for compensation for the extraction of construction

materials. Article 19 of the Act mandates requirement of permission from the Department of

Roads to carry out activities within the limits of the road boundaries. As per Article 29, local

governmental offices have to give notice to the Department of Road (DoR) prior to the start of

activities in the limits of the public roads.

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The Act empowers DoR to acquire any land on a temporary basis (for storage facilities,

construction camps, etc.) during road construction and upgrading. The temporary acquisition of

land containing any buildings (e.g. houses, sheds, temples and schools) is avoided wherever

possible. The Act also empowers DoR to ―lift earth, stone or sand from any adjoining land‖

during construction and upgrading works.

The Act does not provide for leasing of land. However, DoR is required to pay compensation for

any damages caused to buildings, crops and trees, where the farming activity of the landowner is

interrupted, and where the landowner has to incur expenses to restore the land after its return.

Compensation is determined between DoR and the titleholder, or through mediation, involving

officials from the relevant VDC/Municipality and District.

The GoN may prohibit, through notification in the Nepal Rajapatra (Government Gazette), the

construction of any permanent structure (other than walls) within 6 m of the road formation edge.

5.1.2 GON Policies on Indigenous Peoples (IPs) and other Vulnerable Communities

The Interim Constitution of Nepal 2063 (2007)

The Interim Constitution of Nepal commits the government for the protection and development

of IPs and other marginalized communities. Article 21, Right to Social Justice guarantees the

rights of the economically, socially or educationally backward women, Dalits, indigenous

peoples, Madhesi communities, oppressed classes, poor farmers and labors to take part in the

structures of the State on the basis of the principle of 'proportional inclusion‘. Similarly, Article

35, Policies of the State (10) states that the State has compulsory obligation to pursue a policy of

uplifting the economically and socially backward indigenous peoples, Madhesi, Dalit,

marginalized communities, and workers and farmers living below the poverty line, by making a

provision of reservation in education, health, housing, food sovereignty and employment, for a

certain period of time.

The Three Year Interim Plan (TYIP) (2007-2010)

Nepal does not have a standalone policy on Indigenous Peoples and other vulnerable

communities, however, in the Tenth Plan significant emphasis has been placed on delivering

basic services to the disadvantaged and indigenous people, Dalits, women, disabled and other

vulnerable groups including the Adhibasi / Janajati. One of the main thrusts of the Tenth Plan is

the implementation of targeted programs for the uplift, employment and basic security of Dalits,

indigenous people and disabled peoples. The policy provision also outlines that the government

should pilot strong and separate package of program of basic security for vulnerable sections of

society. The Three Year Interim Plan (TYIP) (2007-2010) includes the following policies for

inclusive development of adivasi/janajatis and other vulnerable groups:

1. creating an environment for social inclusion;

2. participation of disadvantaged groups in policy and decision making;

3. developing special programs for disadvantaged groups;

4. positive discrimination or reservation in education, employment, etc.;

5. protection of their culture, language, and knowledge;

6. proportional representation in development; and

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7. making the country‘s entire economic framework socially inclusive.

National Foundation for Upliftment of Aadibasi/Janjati Act, 2058 (2002)

For the welfare of adivasi/janajati, the government set up a National Committee for

Development of Nationalities (NCDN) in 1997. In 2002, Parliament passed a bill for the

establishment of an autonomous foundation named ‗National Foundation for Upliftment of

Indigenous Nationalities,' which came into existence in 2003 replacing the NCDN. Government

of Nepal has identified and legally recognized 59 indigenous communities. They are officially

referred to as Adivasi Janajati in Nepali and Indigenous Nationalities in English as per the

National Foundation for Upliftment of Aadibasi/Janjati Act, 2058 (2002). One can find vast

disparities in terms of socio-economic standing among the Adivasi Janajati groups. According

to Nepal Federation of Adivasi Janajati (NEFIN) 10 of the 59 Adivasi Janajati are "endangered",

12 "highly marginalized", 20 "marginalized", 15 "disadvantaged" and 2 are "advanced" or better

off on the basis of a composite index consisting of literacy, housing, landholdings, occupation,

language, graduate and above education, and population size.

This Foundation has been working for the preservation of the languages, cultures, and

empowerment of the marginalized ethnic nationalities. More specifically, the Foundation has

following objectives:

1. To make overall development of the Aadibasi/Janjati by formulating and implementing

the social, educational, economic and cultural programs.

2. To preserve and promote the language, script, culture, literature, arts, history of the

Aadibasi/Janjati.

3. To preserve and promote the traditional knowledge, skill, technology and special

knowledge of the Aadibasi/Janjati and to provide assistance in its vocational use.

4. To encourage the Aadibasi/Janjati to be participated in the mainstream of overall national

development of the country by maintaining a good relation, goodwill, and harmony

between different Aadibasi/Janjati, castes, tribes and communities.

5. To provide assistance in building an equitable society by making social, economic,

religious and cultural development and upliftment of Aadibasi/Janjati.

Local Self-Governance Act, 1999

The Local Self-Governance Act, 1999 commits municipalities for the promotion, preservation,

and protection of language, religion, culture of indigenous people and their welfare in the

municipal area. The Act empowers municipalities to formulate and implement periodical and

annual plans within their own jurisdiction. Periodic plans integrate different thematic plans

according to social, economic, environment, physical, financial, and institutional aspects. The

Act provides municipalities to follow planned development programs and prioritize programs

that can increase productivity, contribute to upgrading living standards, and generate income and

employment opportunities. The Act also requires that local programs provide direct benefits to

women and disadvantaged groups, and use community groups in the planning and execution of

development programs.

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5.1.3 Communication, Good Governance & Social Accountability

The Interim Constitution of Nepal 2063 (2007)

Article 27 of the Interim Constitution (2063 (2007)) guarantees the right to information of the

citizen. The article states that ―every citizen shall have the right to demand or receive

information on any matter of his or her interest or of public interest‖. Provided that nothing shall

be deemed to compel any person to provide information on any matter of which secrecy is to be

maintained by law‖.

Right to Information Act, 2064 (2007)

The aim of this act is to make the functions of the state open and transparent in accordance with

the democratic system and to make responsible and accountable to the citizen. It intends to make

the access of citizens simple and easy to the information of public importance held in public

bodies and to protect sensitive information that could make adverse impact on the interest of the

nation and citizen.

The clause 3 of the act ensures Right to Information. It says that every citizen shall, subject to

this Act have the right to information and they shall have access to the information held in the

public Bodies unless confidentiality has been maintained by laws.

The clause 4 of the act describes the Responsibility of a Public Body to disseminate information.

It mentions that each Public Body has to respect and protect the right to information of citizen.

Public Body shall have following responsibilities for the purpose of protecting right to

information of citizen:

1. to classify and update information and make them public, publish and broadcast,

2. to make the citizens' access to information simple and easy,

3. to conduct its functions openly and transparently,

4. to provide appropriate training and orientation to its staffs,

Public Body may use different national languages and mass media while publishing,

broadcasting or making information public. A Public Body shall arrange for an Information

Officer for the purpose of disseminating information held in its office.

The clause 7 of the act prescribes the Procedures of Acquiring Information. It states that a

Nepali Citizen, who is interested to obtain any information under this Act, shall submit an

application before concerned Information Officer by stating reason to receive such information.

Good Governance (Management and Operation) Act, 2064 (2008)

This act intends to make legal provision in relation to good governance by making public

administration of the country pro-people, accountable, transparent, inclusive and

participatory. The clause 25 (1) mentions that every governmental office (public office)

responsible for delivering public service or involved in public relation shall maintain Citizen's

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Charter in prescribed form and locate it in the visible place of the office. The clause 28 (1)

spells out that the Government of Nepal may arrange for the provision of operating any project

or program with direct participation and ownership of the people.

The clause 30 of the act has a provision of public hearing. The Chief office-holder at regional,

zonal, district and local level involved in delivery of service, shall conduct Public Hearing as

prescribed, with the purpose of making the activities of the office fair, transparent, and objective

and addressing the lawful concerns of general people and stakeholders. The act also mentions

that subject matter expert, stakeholders, and representatives of civil society and officials of the

local bodies shall be the participants of the public hearing.

The clause 31 of the act speaks about Grievance Management. It states that a complaint box

shall be maintained at the visible place of every ministry, department, and government agency

and office for the management of grievance relating to quality, effectiveness of the work carried

out by such ministry, department and agency or office and possible irregularities in them. Every

citizen may submit complaint in the complaint box managed by a government agency or office.

In order to address the complaint submitted, the responsible officer of the concerned government

agency or office shall open complaint box in the presence of other officials in every Three days

and if the grievances and suggestions are found to be reasonable, necessary step shall be taken

for the proper management thereof. In the case of complaint received is irrelevant to the

concerned government agency or office, however relating to the individual conduct of chief of

such government agency or office, the detail of such grievances shall be submitted to higher

authority thereof. The information of action taken shall be published in the notice board of

concerned office.

The Public Procurement Act, 2063 (2007)

The main thrust of this act is to make legal provisions in order to make the procedures,

processes and decisions relating to public procurement much more open, transparent, objective

and reliable, obtain the maximum returns of public expenditures in an economical and rational

manner by promoting competition, fairness, honesty, accountability and reliability in public

procurement processes. Furthermore, it aims to ensure good governance by enhancing the

managerial capacity of procurement of public entities in procuring, or causing to be procured,

construction work and procuring goods, consultancy services and other services by such entities

and by ensuring the equal opportunity for producers, sellers, suppliers, construction

entrepreneurs or service providers to participate in public procurement processes without any

discrimination.

The clause 3 of the act has made mandatory provision for any procurement to be made as per this

Act. It says that in making procurement, a Public Entity shall have to make such procurement by

complying with the procedures set out in this Act. It further mentions that any procurement made

in contrary to this act shall be void and invalid.

It has clearly spells out the provisions relating to Responsibility for Procurement and

Procurement Methods in Chapter 2 under clause 4-10. The Chapter-3 prescribes the Provisions

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Relating to Bid under clause 11-28. Provisions Relating to Consultancy Services are described in

Chapter 4 under clause 29-39. Chapter-7 states the Provision Relating to Procurement contract.

Local Self Governance Regulation, 2000

The Local Self Governance Regulation 2000 empowers local bodies to coordinate and

implement development programs and to rationally utilize local natural resources. Article 7 (68)

of the Regulation empowers local bodies to monitor and supervise development works

implemented in their jurisdiction. Under Schedule 26 (4) of the Regulation, half the royalty paid

to the GoN by a development project will be used for local development: 12% of the total royalty

will be provided to the district where the project is located, with the remaining 38% to be

distributed to the other districts in the affected development region.

Municipality Grant Operation Guidelines, 2010 (2067) also commonly known as blended

guideline, has been enacted to streamline all the support that municipality received from different

agencies. This guideline will serve as s single document to be followed while implementing

programs at municipality. The committee will be formulated within the municipality for

preparing integrated planning document of municipality. The roles and responsibility of

committee is also mentioned in the guideline. The guideline has also identified the nature and

type of projects to be supported within the municipality along with its rational. This includes

environmental and social development related programs. The program includes solid waste and

drainage, open space and greenery management, construction of parks, conservation of lakes,

construction of slaughter houses, conservation of watershed areas, greenery, conservation of

cultural and heritage sites etc. The project implementation management, supervision and

monitoring mechanisms are also mentioned in the guideline. The guideline has following integral

chapters (type and support and its disbursement, fund disbursement mechanism, project planning

and selection of projects, program/project operation and management, monitoring and

evaluation, financial management, accountability and transparency, miscellaneous). Any projects

above 50 lakh rupees cost should undergo feasibility study prior its approval from municipal

council. The feasibility study should include the environmental and social impact assessment. If

any environmental and social requirements trigger, that has to be complied by the municipality.

5.1.4 Gaps in Existing Resettlement Policies and Laws

The above discussion on the prevailing Acts and Regulations in Nepal indicate a progressive

development of legal framework related to involuntary resettlement of the people affected by the

development projects. However, there still exists some confusion, gaps and overlapping of the

provisions in various Acts and Regulations in terms of the involuntary resettlement affected

people.

Even the LAA 1977 has no specific provision for granting compensation to project affected

people who do not have legal ownership of land. Squatters do not have automatic right to

productive land compensation. Similarly, encroachers with less than three years residence do not

have rights to replacement. Furthermore, LAA 1977 does not have provisions to (i) address the

difficulties caused by delays in compensation to Project Affected Families (PAF), (ii) ensure that

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vulnerable groups, ethnic minorities and other people affected by the project are capable of

making proper use of compensation money to resettle to a living standard not less than that

existed prior to the project, and (iii) provide practical provisions of land for land option despite it

being mentioned in the LAA 1977.

Similarly, there are no provisions of compensation, resettlement and rehabilitation for traditional

users of the property, communal properties, and the users of the properties for generations

without legal holdings. Though the LAA 1977 recognizes that the affected people are eligible for

compensation of the affected land and property, the mode of compensation is not exclusively

defined. In practice, it refers to cash compensation. Further, the property evaluation aspect is

rested upon the Compensation Fixation Committee without any guidelines. It is not clear whether

the evaluation criteria will be based on the current market price or on the prevailing rates of Land

Revenue Office. In Nepal, Land Revenue Office rates are far lower than the current market price.

Compensation payments are usually made only after deduction of depreciation, which is against

the best practices, adopted by the guidelines of the many international donor agencies such ADB

and World Bank.

The Town Development Committee under the Ministry of Physical Planning and Works

(MoPPW) has been carrying out the Guided Land Development program for several years, but

the problem of resettling squatters is not addressed by either the LAA 1977 or the Town

Development Act 1988.

The practices of fixing compensation amounts and provisions for resettlement and rehabilitation

assistance in various projects have been widely different. The Surkhet-Jumla highway is one

such example which had (i) a 100% Government funded section where the compensation was

cash for land, structures and buildings only; (ii) another section was financed by World Bank

loan, which provided liberal compensation for land, buildings, vegetation and other assets lost by

PAFs due to the project; and (iii) a district road connecting to the highway entailing voluntary

contribution of land. Further, there is no common legal reference while determining the status of

a SPAF. While some projects determine SPAF status on the basis of loss of 25% or more land,

others define it on the basis of loss of 50% or more land and in some cases; families left with less

than 11 ropanis of land are also declared SPAF. Such inconsistencies in compensation schemes

in the same locality and defining SPAF in similar project can give rise to disappointment and

disputes among the project-affected people. Therefore, it is important to harmonize

compensation schemes and definition of SPAF in a given area.

5.2 International Policy Guidelines and Conventions

5.2.1 World Bank Policy Guidelines

World Bank Policy on involuntary land acquisition and indigenous people are directly relevant

for UGDP. The World Bank Policy on involuntary land acquisition recognizes lost assets or

income as fundamental right of all project affected persons and that physically displaced people

must be relocated with basic amenities like school, health posts etc. Likewise, all affected

persons, entrepreneur, or institution should be assisted to restore at least their pre- project income

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and livelihood sources. The following documents apply to involuntary resettlement for projects

under World Bank funding:

Operational Policies OP 4.12 and Bank Procedure BP 4.12 on involuntary resettlement

2001.

Operational Policies OP 4.10 and Bank Procedure BP 4.10 on Indigenous People July

2005.

Operation Policy 4.11 of World Bank on Cultural Property

Following are the guiding principles of World Bank's policy on involuntary resettlement.

a. Involuntary resettlement should be avoided where feasible, or minimized, exploring all

viable alternative project designs.

b. When resettlement is unavoidable, resettlement activities should be conceived and

executed as sustainable development programs, providing sufficient investment resources

to enable persons displaced by project to share in project benefits.

c. Displaced persons should be meaningfully consulted and should be given opportunities to

participate in planning and implementing resettlement programs.

d. Displaced persons should be assisted in their efforts to improve their livelihoods and

standards of living. In the absence of possibilities to improve their standards of living, it

should in the least be restored to levels that existed prior to the project.

e. The borrower prepares a resettlement plan if more than 200 populations are affected and

an abbreviated resettlement plan is required if less than 200 families are affected.

f. Absence of legal title to land should not be a bar for compensation, resettlement, and

rehabilitation assistance. Vulnerable groups such as indigenous people, women-headed

households, and senior citizens should be entitled to special benefit package in addition to

compensation and resettlement.

Following are the guiding principles of World Bank as per its policies on Indigenous people.

a. This policy states that any the development process under the Bank finance should fully

respect the dignity, human rights, economies, and cultures of Indigenous Peoples.

b. For all projects that are requested for Bank financing and affect Indigenous Peoples, the

borrower should be engaged in a process of free, prior, and informed consultation.

c. The Bank provides project financing only where free, prior, and informed consultation

results in broad community support to the project by the affected Indigenous Peoples.

d. Such Bank-financed projects should include measures to (a) avoid potentially adverse

effects on the Indigenous Peoples‘ communities; or (b) when avoidance is not feasible,

minimize, mitigate, or compensate for such effects.

e. Bank-financed projects should also be designed to ensure that the Indigenous Peoples

receive social and economic benefits that are culturally appropriate and gender and

intergenerationally inclusive.

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Special Considerations for Indigenous Peoples

Indigenous Peoples are closely tied to land, forests, water, wildlife, and other natural resources,

and therefore special considerations apply if the project affects such ties. In this situation, when

carrying out the social assessment and preparing the social action plan, the borrower pays

particular attention to:

i) the customary rights of the Indigenous Peoples, both individual and collective, pertaining

to lands or territories that they traditionally owned, or customarily used or occupied, and

where access to natural resources is vital to the sustainability of their cultures and

livelihoods;

ii) the need to protect such lands and resources against illegal intrusion or encroachment;

iii) the cultural and spiritual values that the Indigenous Peoples attribute to such lands and

resources; and

iv) Indigenous Peoples‘ natural resources management practices and the long-term

sustainability of such practices.

According to the United Nations the term "cultural property" includes sites having archeological

(prehistoric), paleontological, historical, religious, and unique natural values. Cultural property,

therefore, encompasses both remains left by previous human inhabitants (for example, middens,

shrines, and battlegrounds) and unique natural environmental features such as canyons and

waterfalls. The Cultural Property Policy of World Bank seeks to avoid harm to significant, non-

replicable cultural property, and detailed how background information on all aspects with regard to

the management of cultural property. Important aspects of the policy are as follows:

To assist in preservation and to seek to avoid elimination of cultural properties

Avoid damage to non-replicable cultural property

Protection and enhancement of cultural properties

Relocation of sites and structures that can be preserved studied and restored on

alternate sites

Scientific study, selective salvage, and preservation

Include the training and strengthening of institutions entrusted with safeguarding a

nation's cultural patrimony

5.2.2 International Labor Organization (ILO) Convention (169), 1989

Convention No. 169 was adopted in 1989 by the General Conference of the International Labour

Organisation (ILO) at its seventy-sixth session. It was ratified by the Legislative Parliament of

Nepal in 2007.

Convention No. 169 aimed at the protection of indigenous and tribal peoples and their rights. It is

the foremost international legal instrument which deals specifically with the rights of indigenous

and tribal peoples, and whose influence extends beyond the number of actual ratifications. The

convention has 40 Articles. The following articles are relevant for UGDP:

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Article 4.1 of the ILO Convention commits government of signatory countries to adopt special

measures as appropriate for safeguarding the persons, institutions, property, labour, cultures and

environment of the peoples concerned.

In applying the provisions of this Convention, the article 6.1 prescribes that governments shall

consult the peoples concerned, through appropriate procedures and in particular through their

representative institutions, whenever consideration is being given to legislative or administrative

measures which may affect them directly.

The article 6.2 says about the process of consultation and states that the consultations carried out

in application of this Convention shall be undertaken, in good faith and in a form appropriate to

the circumstances, with the objective of achieving agreement or consent to the proposed

measures.

As per the article 7.1 of the Convention, the peoples concerned shall have the right to decide

their own priorities for the process of development as it affects their lives, beliefs, institutions

and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to

the extent possible, over their own economic, social and cultural development.

The article 7.3 mentions requirement to assess the likely impacts of any development

interventions on indigenous people. It states that Governments shall ensure that, whenever

appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the

social, spiritual, cultural and environmental impact on them of planned development activities.

The results of these studies shall be considered as fundamental criteria for the implementation of

these activities.

5.3 Comparison of Government of Nepal and World Bank Policies

The review of legal framework and guidelines presented above reveals that despite some

common provisions between the Government legal frameworks and World Bank guidelines

related to involuntary resettlement and indigenous community, there are certain key differences

between World Bank guidelines and the Government‘s legal frameworks. The table 5.1 below

summaries gap between World Bank guidelines and the Government‘s legal frameworks.

Table 5.1 Comparison between World Bank Policy and the Government Legal Framework

Category World Bank

Policies

GON Legal Framework Measures to Bridge Gaps

Involuntary

Resettlement

Compensation for

land regardless of

legal ownership.

Legal ownership is required,

however, registered tenants with

the Land Revenue Office also

acknowledged.

Resettlement framework will be

Compensation to

all affected

structures

including

encroachers

Encroachers are not entitled to

compensation. However

vulnerable families are

compensated to build houses of

the previous standards.

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Compensation for

affected assets at

full replacement

costs

(i) Compensation Fixation

Committee (CFC) under CDO

will establish the Compensation

rates.

or (ii) Clause

27 of the LAA 1977 provide

provisions for land acquisition

through mutual agreement with

the plot owners.

prepared and implemented following

all applicable GoN legislators and

WB policy guidelines.

Principle of

compensation

holds that living

standards

and livelihoods

should be

enhanced, or at

least

restored in real

terms relative to

pre-project levels;

and improved for

the displaced poor

and other

vulnerable groups.

Principle of compensation for lost

assets but no undertaking to

improve living standards or

livelihoods.

However, vulnerable families will

be compensated to meet at least

the previous livelihood.

Indigenous

Community

Ensures free, prior,

and informed

consultation with

the affected

indigenous people

to obtain broad

community support

to the project.

Social Assessment

will be carried out

to identity

potential effect and

prepare plan to

ensure that

indigenous peoples

receive social and

economic benefits

that are culturally

appropriate.

The Interim Constitution of Nepal

2063 (2007) and NFDIN Act

2002 commit the government for

protection and promotion of

indigenous people's knowledge

and cultural heritage.

In 1999, Local Self-Governance

Act was enacted to give more

power to the local political

bodies, including authority to

promote, preserve and protect the

IP's language, religion, culture

and their welfare.

The Three Years Interim Plan

Paper (2007-2010) includes

following policies for inclusive

development of Adivasi/Janajati

and other disadvantaged groups:

(i) creating an environment for

social inclusion; (ii) participation

of disadvantaged groups in policy

and decision making; (iii)

developing special programs for

disadvantaged groups; (iv)

positive discrimination or

reservation

in education, employment, etc.;

(v) protection of their culture,

language and knowledge; (vi)

proportional representation in

Project affected IP individual

and families including

already existing vulnerable

communities will be

addressed by developing

vulnerable group development

guideline

Traditional rights to land and other

natural resources, communal property

and specific characteristics of ethnic

groups in relation to land and other

natural resources and subsequent

losses resulting from the project will

be assessed and compensated

accordingly.

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development; and (vii) making

the country‘s entire economic

framework socially inclusive.

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6. REVIEW OF EXISTING SOCIAL MANAGEMENT

PRACTICES

This sections presents an overview of the existing social management frameworks and practices

being used by GoN and the institutions involved in the UGDP: NETP with respect to the LA &

R&R; vulnerable community development (indigenous people), and social accountability.

6.1 Review of the Social Management Frameworks

Social Management Framework of LGCDP

The Local Governance and Community Development Program (LGCDP), a ADB funded project

aims to strengthen local bodies (LBs) in service delivery, local communities in holding to

account the LBs for such service delivery, and central level institutions in providing strong

support to the work of the LBs and communities.

Ministry of Local Development is the Executing Agency (EA) and the District Development

Committees (DDCs), Village Development Committees (VDCs) and Municipalities are the

Implementing Agencies. This framework has been prepared to set out the policy, screening, and

planning procedures that will apply to sub-projects that may be prepared and approved by LBs

during ADB grant implementation to ensure that they are in keeping with the relevant laws and

policies of Nepal. The SMF of LGCDP is guided by the following principles:

1. The land acquisition, involuntary resettlement, and environmental impacts have been

avoided or minimized as much as possible.

2. Any land acquisition and/or resettlement have been carried out and compensation

provided in order to improve or at least restore the pre-Project income and living

standards of the affected people.

3. All information related to resettlement preparation and implementations have been

disclosed to all concerned, and people‘s participation has been ensured in planning and

implementation of the sub-project.

4. Appropriate grievance redress mechanisms has been put in place to ensure speedy

resolution of disputes.

5. All activities related to resettlement planning, implementation, and monitoring have

ensured involvement of women; efforts has also been made to ensure that vulnerable

groups are included.

6. In case of sub-project where impacts on indigenous people (IPs) are identified, LBs need

to ensure that IPs shall be informed, consulted, and mobilized to participate in sub-project

preparation so as to ensure better distribution of the sub-project benefits and promote

development of the IPs in sub-project areas.

Social Assessment (SA) has been carried out as per Public Work Directives (2002) since GON

has not adopted any specific regulations or guidelines for SA in the manner that EPA and EPR

have been enacted and applied in all development projects and sub projects. PWD provides

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guidelines for carrying out SA applicable to the context of Nepal. PWD recommends that

awareness of social dimensions and issues is required in all sub-projects regardless of their size.

In LGCDP Social management framework, SA has been considered as an integral part of the

sub-project cycle and conducted either as a complementary part of sub-project feasibility study

or as a separate study which should be carried out in close coordination with the feasibility study

and environmental assessment. The SA has examined cores aspects of the (sub) projects which

include: (i) the client population (which includes beneficiaries, and others affected without

benefiting from the sub-project), (ii) needs of the client population, (iii) demands of the client

population, (iv) absorptive capacity of the client population, (v) gender issues, and (vi) potential

adverse impacts, especially on vulnerable groups. The findings of the SA have been utilized in

determining the scope of the sub-project, mitigation measures, and implementation arrangements

which have been incorporated into sub-project design and implementation plan.

The SMF of LGCDP has prepared a separate Indigenous Peoples Framework (IPF) which

provides policy and procedures to screen sub-project impacts on IPs and prepare planning

documents in full compliance with GoN‘s and ADB‘s Indigenous Peoples Policy for sub-projects

during implementation. The IPF has been formulated to guide the preparation of sub-projects

under the program to ensure better distribution of the benefits and promote development of the

adivasi/janajatis along with other disadvantaged social groups in all sub-project areas of

influence. The IPF includes: (i) review of applicable policy and legal framework, (ii) screening

for impacts on IPs, (iii) conducting relevant Social Impact Assessment related to IPs, (iv)

preparation of IP development plans, including consulting, participation, and disclosure

procedures (v) implementation, budgeting, and monitoring of IP plan, including capacity

building of relevant agencies (including the EA) and sub-project implementing agencies.

Similarly, a separate Resettlement Framework (RF) has been prepared to provide the policy and

procedures to screen, assess, and plan land acquisition and resettlement aspects of sub-projects

that are prepared and approved during implementation of the national program in full compliance

with ADB‘s Involuntary Resettlement Policy as well as applicable national laws. The RF

includes: (i) likely scope of land acquisition and resettlement, (ii) review of applicable policy and

legal framework, (iii) screening procedures for sub-projects, (iv) resettlement policies, eligibility

criteria, and entitlements consistent with ADB Policy, (v) procedures for sub-project planning

and preparation of resettlement plans (RPs), (vi) information, consultation, participation, and

disclosure arrangement, and (vii) implementation, budgeting, and monitoring of resettlement

plan, including capacity building of relevant agencies (including the EA) and sub-project

implementing agencies.

The SMF enclosed: (i) Format for Indigenous Peoples Impact Categorization, (ii) TOR for

Social Impact Assessment and Preparation of IPDP (iii) Format Involuntary Resettlement

Categorization (iv) Scope of Full Resettlement Plan (v) Scope of Short Resettlement Plan

Rural Access Improvement and Decentralization Project (RAIDP)

RAIDP is the World Bank (WB) funded project with the aim of improving rural accessibility.

Department of Road (DoR) is the executing agency of the project. The purpose of the Social

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Management Framework (SMF) is to provide guiding principles for assessment and management

of social aspects of all physical works targeted under RAIDP. The specific objectives are to:

assess the compatibility of GoN policies and World Bank policies; identify the gaps, and

develop mechanism for addressing these gaps;

outline the process for identify potential adverse social impacts due to construction and

upgrading of rural roads;

provide guideline for preparing the social mitigation plans to address the adverse impacts;

and

describe the implementation and institutional arrangements for managing social impacts.

The Social Management Framework has been the guiding document to address the social and

environmental issues in the subprojects. For social impact purposes road corridor, which is

defined as formation width of road as fixed by approach manual has been considered for

identifying the impacts, especially the losses and damages caused by construction activities.

Social Screening

Social screening has been undertaken at an early stage in all subprojects, which has provided

necessary information on the potential social impacts likely to be encountered during

implementation. This screening has been carried out in close consultation with various primary

stakeholders: beneficiaries; roadside farmers; shopkeepers; women, Dalits and other local key

informants.

Social screening provided first stage information about the road subproject which also identifies:

(i) beneficiary population living within various impact zones of the project based on distance; (ii)

extent of land required and number of land owners affected; (iii) impacts on poor and vulnerable

groups including needs and priority for social and economic betterment; (iv) willingness of

people for voluntary land donation; and v) other impacts.

Screening report also provided information about the potential damage / loss of common

community structures such as resting place (Chautaro), water tank including pipelines, religious

cultural monuments / sites, foot trail, Trial Bridge and so on.

The project on the basis of assessment took responsibility to repair and restore the damaged

structure in consultation and participation with the local people and the committees like Local

Road Users Committee (LRUC) Village Road Coordination Committee (VRCC).

On the basis of screening report prepared during feasibility stage, site-specific social impacts

have been thoroughly identified along with the appropriate mitigation measures. All the adverse

impacts identified during social screening have been worked out in details while preparing site

specific Social Mitigation Plan during detail engineering design phase. The plan identifies

vulnerable communities, damage and loss of structures, land and community infrastructures and

proposes corresponding mitigation measures. A separate cost estimate has been prepared and

incorporated in the mitigation plan.

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SMF of the RAIDP included a separate Vulnerable Community Development Plan (VCDP). The

VCDP has been prepared for the betterment of vulnerable people within the impact zone of the

project. The targeted beneficiaries of VCDP include mainly the following groups of people:

Seriously Project Affected People / Families,

Marginalized groups,

Dalits, ethnic minorities and poorest people,

Single women/ women headed households, and

Landless, old aged and disabled people.

The VCDP identifies the needs and priority of vulnerable groups and proposes need-based

programs to uplift their socio-economic condition through appropriate training and skill transfer.

Along with VCDP there is Community Infrastructure Development (CID) component in the

project, which assists to construct essential infrastructures such as market shed, health post,

school, public toilet, community trail, community irrigation etc to create productive and useful

community assets based on the demand of the community.

Road Sector Development Project (RSDP)

Ministry of Physical Planning and Works, Department of Roads (DoR) is implementing the

project under IDA Grant. The SMF was developed following relevant laws and regulations of

the Government of Nepal, and environment and social operation policies of the World Bank. The

SMF has been applying to this project, as part of the priority investment plan, and guide the

planning to address social impacts under the project.

This Resettlement Action Plan has been prepared following the SMF, a guiding document for

safeguard and compliance aspects of social issues related with the Priority Investment Plan (PIP)

for Strategic Road Network (SRN) for Nepal. SMF is in harmony to GoN policies and World

Bank Policy on Involuntary Resettlement (OP/BP 4.10 and OP 4.12). Both WB policy and GoN

legislation emphasize avoiding or minimizing involuntary resettlement. Where the acquisition of

private assets is unavoidable, involuntary resettlement should be an integral part of project

design and preparation. The SMF is prepared on the basis of following guiding principles

1. The acquisition of private assets and the displacement of people have been minimized to

the possible extent, through the incorporation of social considerations into alignment

selection and road design.

2. Community consultation ensures people‘s views and their concerns and suggestions have

been incorporated into implementation procedure.

3. An institutional framework has been developed as an integral part of the project to ensure

that appropriate social impact management mechanisms are set up and maintained during

implementation. These mechanisms and arrangements will ensure that compensation,

resettlement and rehabilitation are carried out timely and effectively.

4. Construction work will commence on road sections only after acquisition procedures are

completed.

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RSDP has prepared a Resettlement Action Plan (RAP) with the aim of providing the policy and

procedures of land acquisition, compensation and resettlement of affected persons. It has been

prepared based on the findings of resettlement impact assessment conducted during project

design period in August 2010. This assessment aimed to identify the impact on property and

income sources of affected persons with documentation of loss of land, houses, trees etc. within

the corridor of impact (COI) of the road.

This RAP identifies safeguard measures including compensation, resettlement and rehabilitation

assistances to the affected persons consistent with the provisions of the Road Sector Wide

Environmental and Social Management Framework (ESMF). Though the social considerations

have been incorporated into road design, however, geological and topographical factors, as well

as land use and settlement patterns, make the acquisition of private property for road

construction inevitable. This RAP particularly addresses the following adverse impacts

associated with road improvement and upgrading works:

Private and community resources affected by the project and the entitlements required for

effective households reestablishment;

The likely number of individuals and households affected by the project and the number

of households that may be displaced;

Organizational and institutional requirement for the implementation of compensation,

resettlement and rehabilitation activities;

Implementation schedules and monitoring mechanisms and

Compensation, resettlement and rehabilitation cost estimate

The Secondary Towns Integrated Urban Environmental Improvement Project

The project is implemented by the Ministry of Physical Planning and Works/ Department of

Urban Development and Building Construction under ADB support. Its aim is to improve quality

of life and to help achieve higher and socially inclusive economic growth in key regional centers

in Nepal through improved and affordable municipal services delivered effectively, efficiently

and reliably by accountable local bodies. The Project has been implementing measures of urban

environmental improvement, on an integrated basis, in the areas of sewerage and drainage, solid

waste, and urban roads and lanes in the Biratnagar, Birgunj and Butwal municipalities.

The project is Category B for Involuntary Resettlement and Indigenous People. This RF/IPF is

intended to guide resettlement and indigenous people planning for the following Project

activities: (i) small scale-water supply works in Butwal and (ii) public toilet construction in

Biratnagar, Birgunj and Butwal municipalities. Land acquisition has been avoided and/or

minimized and resettlement impacts, if any, are envisioned to be small scale, consistent with

Category B. The Category A (significant) impacts have not been considered under the

subproject.

Considering impacts on indigenous peoples are limited to a small number of involuntary

resettlement and/or land acquisition due to the nature and small scale of these subprojects, an

indigenous people‘s framework has been combined into the resettlement framework, with special

assistance measures for vulnerable groups including indigenous people. The Gender Equality and

Social Inclusive (GESI) Action Plan has been prepared which also includes specific actions

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favorable to indigenous people. Combined resettlement plan/Indigenous People's Plans have

been prepared commensurate to the impacts.

The combined RF/IPPF includes:

(i) the general anticipated land acquisition and resettlement impacts of subproject to be

financed under the Project;

(ii) specific requirements to be followed for subproject screening, categorization,

assessment, and resettlement and indigenous planning, including arrangements for

stakeholders consultation and information disclosure;

(iii) details of objectives, policy principles, and procedures for any land acquisition,

compensation and other assistance measures for any affected persons (APs),

(iv) assessment of adequacy of executing agency (EA) capacity to implement national and

state laws, policies, and regulations and ADB's Social Safeguard Policies and identify

needs for capacity building;

(v) outline of social impact assessment and census methodologies,

(vi) outline specific implementation procedures, including budget, institutional, capacity

development, and monitoring and reporting requirements; and

(vii) description of responsibilities of the EA and ADB in relation to the preparation,

implementation, and progress review of IR safeguard documents of subprojects.

(viii) finally, all works undertaken are strict to follow as per to all ADB social policies and

operational procedures (operational manuals) and Government policies.

6.2 Review the Existing Social Management Practices of Executing Agencies

In order to ensure transparency in the local bodies, the Ministry of Local Development is

formulating a framework by implementing effective monitoring system in the local bodies. The

new provision aims to set up a basket fund that comprises the government grants, donor

assistance and supports from I/NGOs. The ministry has prepared a blended Grant Operation

Directive to include inclusive development programs, eco-friendly sustainable infrastructure

developments, and capacity building, and social mobilization, promotional activities thereby

strengthening local democracy, good governance, accountability and transparency. Earlier, there

were social, environmental and infrastructure guidelines under the two directives- government

grants and LGCDP.

Ministry of Local Development (MLD) along with Local Bodies (DDC, Municipalities and

VDC) through Community Organizations and Non-Government Organizations has been

implementing Local Governance and Community Development Program (LGCDP). It is a

national program framework of support for decentralization, local governance, and community

development with the intent of working throughout the country and at all levels of the local

governments. The program strongly backs MLD‘s vision of local development and self-

governance to bring good governance and development interventions to the people by

maintaining fiscal discipline, correcting mismanagement, delays and nontransparent procedures.

The program approach ensures inclusiveness and gender equity, community-led local

development, rights-based participatory approach, transparency and downward accountability at

all levels. To achieve its program outcomes LGCDP focuses on four strategic areas:

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Empowerment of citizens and communities for active engagement with local

governments and strengthening downward accountability;

Local bodies top-up block grants for community led local development (at DDC, VDC

and Municipalities);

Capacity development of local governments for effective service delivery, and

Policy support for decentralization and local governance.

Similarly, MLD through LGCDP has prepared basic documents -- the environmental and social

safeguard checklist (July 2009), MLD guide on Environmental Monitoring of Infrastructure

Projects (April 2010) to allow the environmental and social monitoring of the projects.

Moreover, in the current year it is working on IEC messages relating to pro-poor environmental

planning, to reach VDCs obtaining the TU grant. It is also seeking to mainstream environmental

issues in the MC/PM and general planning guidelines. Following up on the establishment of the

Environment Desk (and grant) at DDC level in the past year, the LGCDP foresees providing

training for the District Environment Desk Officers.

DUDBC has been implementing Urban and Environmental Improvement Project (UEIP) with

the aim of supporting the government‘s efforts to bring about sustainable development in eight

urban areas outside the Kathmandu Valley by addressing essential urban and environmental

infrastructure and service needs, and strengthening relevant stakeholder institutions. For the

persons displaced under this project, a detailed R&R policy has been prepared in accordance

with the applicable plan, policies, acts of GoN and guidelines of the ADB and the same has been

fully implemented. With a view to mitigate the hardships caused by the involuntary displacement

under the project, including loss of income, the modality of the project has been to avoid or to

minimize wherever feasible, involuntary displacement and also to explore viable alternatives for

restoring the economic situation of the people. Through the UEIP project the DUDBC has

developed its capacity and gained experience in the following areas:

Municipal Institutional Strengthening and Revenue Mobilization

Project Implementation Assistance

Project Management

Procurement

Consulting Services

Disbursement Arrangements

Accounting, Auditing, and Reporting

Project Performance Monitoring and Evaluation

Project Review

Land Acquisition and Resettlement

The TDF currently runs seven donor programs. The current product mix of the TDF includes

grants, soft loans, and regular loans. Eligibility depends on a municipality‘s classification

(A/B/C) and the nature of target infrastructure (social or economic infrastructure). Grants are

provided for vital services (e.g. health, education); soft loans are available for priority urban

services (e.g. drinking water, SWM, drainage); and regular loans support commercial services

(e.g. bus terminals, markets). The project will aim to use existing TDF systems, to the extent

feasible. TDF has no any inclusive experience of social management in terms of Land

acquisition and resettlement and IP related issues.

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7. INSTITUTIONAL AND CAPACITY ASSESSMENT OF

EXECUTING AND IMPLEMENTING AGENCIES

This section examines the institutional capacity of the MLD particularly the Municipal

Management Division, DUDBC especially the Urban Development Division, TDF and six

participating municipalities—with a view of assessing their abilities to manage social issues

likely arise while implementing UGDP: NETP to support municipalities—and identify areas and

actions for improving its capacities and performance, both in the short and long term. It

primarily focuses on the existing institutional mechanism in each of the involved institution for

social management, existence of units/ focal points; human and financial resources, functions

and effectiveness of their roles and responsibilities.

7.1 Implementing Institutions

Ministry of Physical Planning and Works and Ministry of Local Development (MLD are the

executing institutions of the program. Department of Urban Development and Building

Construction (DUDBC) under the Ministry of Physical Planning and Works, Municipal

Management Division of the Ministry of Local Development (MLD), Town Development Fund

(TDF), and six participating secondary municipalities, namely Mechinagar Municipality,

Dhankuta Municipality, Itahari Municipality, Lekhanath Municipality, Baglung Municipality,

and Tasnsen Municipality are directly involved to implement the various activities under UGDP

at different levels and in different ways during implementation of the proposed program.

Besides, other government and non-government agencies including civil societies/NGOs may be

involved in social management activities in different capacities depending on the issue (ies).

7.2 Institutional Arrangement of UGDP: NETP

7.2.1 Central Level Arrangement

Program Steering Committee:

At the highest level, a Program Steering Committee (SC) chaired by Secretary, MPPW and co-

chaired by Secretary, MoLD will ensure overall program coordination, provide policy level

guidance, and monitor progress on a regular basis. The Steering Committee will comprise of

Joint Secretary, MPPW; Joint Secretary MoLD; Joint Secretary, FACD, MoF; Joint Secretary

(Infrastructure), NPC; Joint Secretary (Local Governance), NPC; Director General, DUDBC,

Executive Director, TDF; Project Director; 2 representatives from the participating

municipalities (on a rotational basis); representatives from Municipal Association of Nepal

(MuAN) and Federation of Nepalese Chamber of Commerce and Industries (FNCCI); and an

renowned urban/municipal expert from the civil society. Representatives from World Bank and

GTZ will have an observatory status.

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Program Coordination Office (PCO)

The PCO will serve as the secretariat of the project steering committee. It will comprise of a

program coordinator, who will also serve as the secretary of the steering committee, as well as

three Component Managers, representing participating national institutions (MLD, DUBCC, and

TDF) and in charge of their respective components. The PCO will play a coordinating and

facilitating role to all three components. The PCO will receive annual work programs from the

three agencies; review them for overall conformity with program objectives; prepare a

consolidated work program for review by SC and present this to NPC, the MoF and other

ministries/agencies for approval (as needed), facilitate implementation by the respective

agencies; facilitate timely release of funds to the respective agencies by the government;

coordinate implementation across individual components; provide assistance to remove

bottlenecks to implementation at the national level; forward consolidated report to SC, various

ministries/agencies, the IDA and the GTZ, and ensure timely processing of fund request to donor

agencies. The PCO will be supported by a small set of core staff financed partly by the project.

Town Development Fund (TDF)

The TDF will manage the socio-economic infrastructure development component, which will

support expansion and/or rehabilitation of essential infrastructure/services for which the

municipalities are responsible. The selection of investment priorities will be undertaken by each

municipality based on a comprehensive socio economic development plan (periodic plan, where

relevant) that is prepared in consultation with various local stakeholder groups, including the all

party mechanism. The TDF will manage the fund; appraise the investments selected by

municipalities for their technical and financial feasibility, and assess the ability of municipality

to meet its financial obligations associated with the investment. It will also implement

institutional development activities associated with its own institutional strengthening.

Department of Urban Development and Building Construction (DUDBC)

The DUDBC will implement institutional development activities for the municipalities and the

department itself. A key element of this will be Municipal Support Team (MST) - a mobile team

of experts that will provide on-demand and in-time backstopping support and on-the-job training

to municipalities.

Ministry of Local Development (MoLD)

The MoLD will implement the service delivery component, which will top up existing block

grants from the MoLD to municipalities, to help the local authorities maintain minimum service

delivery standards, provide adequate O&M support to existing assets, and address routine urban

management issues. MoLD will also be responsible to also implement activities associated with

its institutional development. The designated focal points from TDF, DUDBC and MoLD will be

responsible for ensuring implementation coordination of their respective components within each

agency as well as with PCO; ensuring reporting to the concerned authorities and the PCO; and

manage processing of fund requests to IDA via the PCO.

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Proposed Institutional Arrangement of UGDP: NETP

UGDP Steering Committee

Chair and co-Chair by Secretaries of MPPW &

MLD

Program Coordination Office (PCO) @ DUDBC

(CM1+ CM2 + CM3) led by Program Director,

DUDBC

Mobile Support Team (MST)

CM1 (TDF)

Socioeconomic

Infrastructure +

ID

CM2

(DUDBC)

ID for

DUDBC &

Municipalities

CM3 (MLD)

Block Grants+

ID

(Service

Delivery)

Municipal Coordination Committee (MCC)

(Municipalities+ APM+LA+ CSO)

MUN + APM

Existing Structure

Project Management Team (PMT) (EO + Section Heads)

Program Executing Agencies MPPW & MLD

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7.2.2 Municipal Level Arrangement

The participating municipalities are responsible for implementing the local level activities

including I) socio-economic investment sub-projects, II) utilizing block grants provided under

the project, III) completing institutional development actions within their jurisdictions. The

project will be implemented at the municipality level largely through existing systems, but with a

focus of strengthening them.

Municipal Coordination Committee (MCC)

A Municipal Coordination Committee (MCC) comprising of Executive Officer (EO),

representative from All Party Mechanism (APM), Government line agencies, Civil Society

Organization (CSO) will be formed which will be responsible for overall program coordination,

policy guidance, and monitor progress on a periodic basis at municipal level.

Project Management Team (PMT)

A local level Project Management Team (PMT) will be set up, comprising of the EO and the

section chiefs of the key sections of the municipality (such as planning/technical, finance,

social/community mobilization, administration, etc). In addition, the municipalities shall

designate staff for project-related financial management, procurement and safeguards

implementation. In order to ensure a bottom-up planning process in the selection of the socio-

economic infrastructure, community mobilization initiatives that allow the ward level

committees to provide their inputs to the Municipal Council will be an integral part of the

institutional arrangement at the municipality level the municipality level. The municipalities will

provide timely progress reports to the concerned component implementing agencies. In addition,

Municipal Support Team (MST), the municipalities will be supported with logistics and

equipment under the ID component, as well as the flexibility to utilize their annual block grants

for institutional strengthening, social mobilization and capacity building of their respective

communities.

7.3 Institutional and Capacity Assessment

7.3.1 Ministry of Local Development (MLD)

MLD is the link agency between local government (DDCs, municipalities and VDCs) and central

government, and is responsible for local development, local governance and decentralization.

MLD‘s objectives include both the development function - with a critical emphasis on social

inclusion and including capacity building for self governance – and the issues of local

governance.

The Objectives of the Ministry

1. Contribute to poverty reduction by mobilizing local means and resources, utilizing skill and

technology to the optimum level and creating employment opportunity;

2. Enhance access of socially and economically disadvantaged groups, region and community

to the service and facility delivered;

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3. Capacity building of local government through local self governance and contribute to

promote local good governance;

4. Empowerment of women, dalit, indigenous, Madheshi, Muslim, disabled and ultra-poor

people through social mobilization and their mainstreaming into the wave of development;

5. Ensure inclusive development by enhancing people‘s participation in decision making

The main functions of MLD include formulation of policies, plans and programs related to local

self-governance, local development, remote area development, rural and community

development, and water supply drainage and sanitation at local level and their implementation,

monitoring and evaluation. It is responsible to implement the LSGA, co-ordinate local bodies,

local development plans, local human resources and programs and execute administrative and

development grants for local development.

Structurally, MLD is divided into four divisions and 14 sections. It has a Municipal Management

Division to look after municipalities which comprises of three sections: the Municipal

Management Section, the Municipal Planning Section and Environment Management Section. It

appears that Environmental Management Section focuses almost exclusively on environmental

impact assessment for municipalities since it is located under the Municipal Management

Division. However, in reality, the environment management section works for the ministry as

whole. The division is headed by a joint secretary and the sections are headed by under

secretaries. There are no any units, focal points to look after the issues of social management of

the urban development projects. Social issues like gender equity and social inclusion are critical

to effective local governance, but at present the division and sections are seriously lacking of

social scientists to address the social concerns related to gender, equity and social justice that

may arise due to the project.

Similarly, there is a lacking of focal point with adequate human resources to ensure that it take

responsibilities for social safeguards, monitoring and capacity building for implementing urban

development projects. It appears that the existing concerns of the division are focuses on the

administration and delivery rather than focusing on social planning and management in urban

situations.

7.3.2 Department of Urban Development and Building Construction (DUDBC)

DUDBC under Ministry of Physical Planning and Works (MPPW) is primarily a technical

department focusing GoN Buildings, Housing and Urban Development. The function and

responsibilities of DUDBC are:

a. Formulation, planning and implementation of urban policies

b. Formulation, planning and implementation of housing plans and policies

c. Design construction, repair and maintenance of the government buildings

d. Planning and infrastructure development of Town Development Committees

Its main strength lies in the area of design, construction management and supervision. DUDBC

has experience in preparing Periodic Plans, GIS maps, Urban Maps, Physical Development Plans

and Master plans. It has also developed plans for the development of Corridors. The experience

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on the social aspects of development is very limited and minimal. However, there is a lack of

clarity in the functions assigned to the DUDBC sections as a similar activity is being undertaken

by multiple sections especially in the area of periodic plans, design and construction. The

sections need to have a clear vision and sense of direction in terms of their functions and long

term objectives including social aspects of the project management.

DUDBC has 16 sections in 3 divisions. The Housing Division and the Building Construction

Division covers all 78 districts including urban and rural areas. Under the Urban Development

Division, DUDBC is responsible for urban development in the 58 municipalities.

At the divisional level DUDBC has 24 divisional offices (Class A=4, Class B= 15, Class C=5).

In addition there is a Building Research and Training Institute and one Special Building

Construction and Maintenance Divisional office (for PM, Judges building etc.).

DUDBC has no any sections, units or focal points involved for social management of the

projects. Of the total 580 existing staff, DUBC has not a single position for social scientist

(sociologist, anthropologist) which clearly indicates that DUDBC has no qualified human

resources to address social issues arising from the implementation of UGDP: NETP. However,

an institutional development study for DUDBC (2009) has recommended for six new posts --

statistician officer-1, GIS specialist officer -1, economist -1, sociologist-1, environmentalist

officer -1, and computer system engineer-1 in DUDBC.

At present the institutional development and project management experience within DUDBC

resides mainly in the UEIP project which is one of the large donor project being implemented by

it. Through this project DUDBC has gained experience in dealing with the municipalities and

preparing and implementation of Land Acquisition and Resettlement Action Plan.

7.3.3 Town Development Fund (TDF)

TDF was established under the Ministry of Physical Planning and Works (MPPW) in 1989 to

facilitate the financing of urban infrastructure projects in municipalities and urbanizing villages.

TDF established under the Town Development Fund Act in 1997 is an autonomous corporate

body providing funds to municipalities as loans, soft loans and grants. The Act provides the

necessary legal protection and mandate for its assigned functions and is quite enabling. TDF‘s

main strength lies on its ability to provide long term loans to municipalities and manage the

recovery of the interest and principal. It has the basic institutional arrangements for municipal

financing in place and to work with GON, municipalities and donors.

As per the Town Development Act 1997, the objectives of TDF are to conduct:

1. works necessary to keep town neat and clean;

2. different kinds of revenue generating and basic social infrastructure projects; and

3. objective oriented research works to find out possible solutions for problems related to

the development of town and the necessary improvements for its development.

Similarly, under the TDF Act 1997, the main function of TDF is to implement social

infrastructure and revenue generating projects and to carry out extension and development of

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towns in Nepal by providing essential financial and technical support to institutions relating to

urban and town development (i.e. Municipal Corporation, Sub-municipal Corporation,

Municipality and the Village Developing towards Town).

TDF can collect necessary financial resources including grant, loan, donation and gift from GoN,

Government owned organization, nongovernmental organization, foreign Government,

international organization or agency, in order to conduct programs in accordance with its

objectives as per the TDF Act 1997. Since its establishment the main source of funding for TDF

has been from Government of Nepal and Donors (IDA, GTZ, KFW, and ADB).

TDF is headed by the Executive Director. TDF has three departments namely: business

development and technical assistance, financial management, and monitoring, evaluation and

administration. The business development and technical assistance division of TDF will be

responsible project planning, and implementation. The monitoring of sub project and its

activities will be done through monitoring, evaluation, and administration unit of TDF.

Regarding UGDP: NETP, after the identification of the subprojects by the municipality, the

business promotion and project development division of TDF and municipality jointly recruits

the consultant for program implementation. The project appraisal and risk management part will

be dealt entirely by the TDF. The risk management aspect comprises of technical viability,

economic and financial viability, environmental and social safeguards, and institutional

capacities. Based on the project appraisal, the project operation and construction will take place.

Regarding the operation and maintenance of the activity/services; the municipality itself or the

private operator or management board will be responsible. TDF part will be financial monitoring

of such programs and to work out on repayment side of the investment. At present it has 36

employees out of the total staff strength of 64.

The TDF organizational structure has not changed much since the 1980‘s. It is weak in the area

of marketing, social management and safeguard appraisal, long term projections, private sector

financing, technical support to clients, and monitoring. It can manage its affairs with the present

staff and continue to perform at the current scale and level of efficiency. However, to improve

its performance it has to undergo a major organizational restructuring in terms of its vision,

organizational structure and human resources. TDF is already working on finalizing the

organogram on priority basis. However, even in the newly developed organogram, the position

and roles and responsibility of TDF personnel to look after the issues of social safeguard of TDF

involved projects are missing. It was noted that the TDF has no such institutional mechanisms to

address social issues.

TDF has a development outlook as stated in the TDF Act and articulated in its vision. Its

mission is to enhance the quality of life of the people by promoting the sustainable urban

development in Nepal. However, this orientation and focus is not properly reflected in the

activities of the TDF and in the management. Though the appraisal process is required to cover,

social aspect of the proposal, TDF has no specific section, unit focal points with qualified social

scientists to deal with social issues of the proposal. No data is being collected on the social and

economic indicators of the municipalities. It appears that the exposure to social assessments and

capacity to dealing with issues related to gender equity and social inclusion, preparation of R&R

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policy, vulnerable community development plans and any arrangement addressing such issues is

not in place in TDF. Out of 36 employees, none of the staff in TDF have specific qualification

associated with social safeguard except one socio-economist having degree of Bachelors of Art.

The Bachelor degree in Arts may not been sufficient for conducting complex socio-economic

analysis needed for implementation of socioeconomic infrastructure component of the UGDP:

NETP.

The TDF is currently involved in two major projects funded by ADB; STWSSP and UEIP, both

under MPPW. The TDF has assisted two classes of projects developed under UEIP: (i) revenue

generating projects and (ii) small projects. In all cases the implementing have been either

municipalities, or functional Departments such as DWSS. TDF could not gain any experiences of

addressing social management issues form these projects. TDF appears rather weak in social

safeguard policy formulation and implementation.

7.3.4 Municipalities

Organizational Structure

All the participating municipalities are organized into different sections, sub sections and units.

The number of sections, sub sections and units also vary in each municipality.

For example, Mechinagar Municipality is organized into four sections: i) Administration, ii)

Fiscal Administration, iii) Planning and Engineering and iv) Community Development. There

are 18 sub-sections/units under these 4 sections including internal administration, legal, revenue,

public health and sanitation, municipal police and building permits. Similarly, Itahari

Municiplity is organized into 6 sections: i) Administration, ii) Financial Administration, iii)

Internal Audit, iv) Planning and Monitoring, v) Community Development and Inclusion, vi)

HRD and Information Center. There are 23 sub-sections/units under these 6 sections. Likewise,

Dhankuta Municipality is organized into 7 sections: 1) Administration, 2) Fiscal Administration,

3) Internal Audit, 4) Planning and Monitoring, 5) Community Development, 6) Rural Urban

Partnership (RUP), 7) HRD & Information Centre. There are 27 sub-sections/units under these 7

sections including general administration, legal, revenue, store, engineering, building permits,

street light, monitoring, municipal police, environment and sanitation, social protection, HRD

Centre and entrepreneur development and technology transfer.

The organizational structure of Lekhanath Municipality is comprised of 10 sections: i)

Administration, ii) Account , iii) Internal Audit, iv) Planning and Engineering v) Rural Urban

Partnership, vi) Community and Solid Waste Management, vii) Information Centre, viii) Legal

ix) Ward Service Centre and x) Revenue. There are 3 units under administration. Three units are

store, vital registration and general registration (Darta Chalani). RUP section and Community

and Solid Waste Management Section have the similar objectives but different sections.

Similarly, administration section and Ward Service Centre are also the similar nature. There is

Information Centre without staff provision. Similarly, Baglung Municipality is organized into 5

sections: i) General Administration, ii) Financial Administration, iii) Planning and Engineering,

iv) Public Health, Sanitation and Environment v) Community Development and Social Welfare.

There are 9 sub-sections and 2 units under these 5 sections including internal administration,

vital registration, security & enforcement, account, revenue, store, plan formulation and

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implementation, urban development and building permits, drinking water and sanitation. There

are six sections in Tansen Municipality. They are: 1) Administration, 2) Financial

Administration, 3) Internal Audit, 4) Planning and Implementation, 5) Rural Urban Partnership

(RUP) and 6) Social Welfare. There are 17 sub-sections/units under these 6 sections. Other sub-

functions include planning, building permit, tax, store, information and management,

environment and sanitation, community development, HRD and store. RUP and Social Welfare

sections are similar in nature and the same staff takes care of both sections and their subsections

and units.

All the municipalities have formed the All Party Mechanism ( Sabadaliya Samyantra) which acts

as the de facto Municipal Board due to the absence of elected representatives and the municipal

council and assembly is operated involving all parties' representatives, public figures, NGOs,

CBOs, line agencies, and private sectors. Each municipality has formed several other committees

as per the local need and requirements. The LSGA and LSGR allow forming up to nine

committees in each municipality. The roles and responsibilities of the committees are as stated in

the LSGA.

Human Resources Capacity for Managing SMF In Dhankuta and Mechinagar Municipalities, the Community Development (CD) section is

managed by officer level staff having education of Master‘s Degree in Geography and Sociology

respectively. The CD sections of the remaining municipalities are managed by non officers

having only intermediate level of education. There is a provision of recruiting at least one social

mobilizer in the CD section of each municipality. The qualification of the social mobilize is

however, vary in each municipality. Thus, the number, level and qualification of staff in CD

section appear inadequate to efficient implementation of SMF.

Coordination and Monitoring

The coordination and monitoring of the actions of and services delivered by the municipalities is

important for the organization to be effective. The function of municipalities and its committees

are to coordinate and monitor the plan, programs and activities within their jurisdiction. But

proper structural arrangement for coordination and monitoring is the main deficiency in the

organization structure of all participating municipalities.

All the municipalities have formed a Supervision and Monitoring Committee whose main

responsibility is to monitor and supervise the construction and investment projects. The final

settlement of any project needs the endorsement from the Committee. However, the Committee's

role is mainly limited to the certification to the project rather than monitoring and supervising

construction. It clearly indicates that the monitoring and evaluation function is not undertaken

properly, and coordination among stakeholders, service providers and clients appears to be weak.

Besides, it appears that all the municipalities have limited capacity for coordination in planning,

implementation and monitoring of development activities with the line agencies (education,

health, forest, agriculture, road, land management, and DUDBC). However, municipalities have

remarkable experiences of working with community groups. It has been informed during the

consultation meetings that in each municipalities numbers of TLOs, NGOs, CBOs and users'

groups are working at household and community levels on development awareness, income

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generation activities, community level project development and implementation, woman

empowerment and saving credit. TLOs in each municipality are very active, growing in number

and maturing in organization management and services management.

Experiences of Social Management Practices

All the municipalities except Lekhanath have no concrete experience of social management from

external supported program. Lekhanath Municipality executed the ADB loan project small water

supply for construction and development/distribution. After completion of the project the users

committee was formed for operation and management of the water supply facilities. Municipal

support and coordination is mobilized by Water Users Committee for its capacity development

and governance in Lekhanath. The Water User Committee plays very important roles in different

ways in the municipality. Similarly, the UDLE's supports on pro-poor and strategy with action

plan provided fund and capacity development programs to disadvantage groups' of the

Municipality. However, continue support and extension of the similar programs for other areas

are lacking in the municipality. Nevertheless, the TLOs, CBOs and women groups are engaged

in planning and budgeting which seems positive.

However, all municipalities have been implementing some programs related to the

socioeconomic development of women, dalits, Janajatis and other marginalized communities.

They are mainly focused on delivering basic services to the disadvantaged and indigenous

people, Dalits, women, disabled and other vulnerable groups.

All the municipalities have more or less experience of working with the private sector. The

private sector is the main investor in municipalities. Private sector usually has invested in the

sectors of public transportation, land development, commercial trading, hotels, and other

services. However, there is lacking of proper coordination, regulation and support of these

activities by the municipalities. For example, in all municipalities, the private sector is growing

in a chaotic and unregulated manner. Uncontrolled development of land and unplanned growth

of settlement growth in the municipal areas are some of the examples.

Minimum Condition Performance Measures (MCPM) Rankings

MCs (Minimum Conditions) are usually measure in relation to Local Self Governance, Financial

Management, Service Delivery and Transparency, and Formation and Function of Committees

and PMs (Performance Measures) are measures in relation to Local Self Governance, Financial

Management, Planning and Program Management, Organization and Human Resource

Development, and Urban Basic Service Management. The assessment of MCPM of the

participating municipality is presented in the table 7.1.

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Table 6.1 Minimum Condition Performance Measures (MCPM) Rankings

SN Municipality MC Score MC Ranking( N= 58) PM Score PM Ranking( N=58)

1. Mechinagar - 32nd

57 12th

2. Itahari 10 12th

50 26th

3. Dahnkuta - 13th

58 10th

4. Lekhanath 11 9th

49 29th

5. Baglung - 3rd

59 8th

6. Tansen - 10th

63 2nd

Source: Pre-feasibility Study, 2010

The Table 6.1 clearly indicates that all the participating municipalities have adequate MC scores

to get the central grant without any deduction.

Experiences of Ensuring Transparency and Social Accountability

The municipalities publish annual budget and program booklet and distribute to board members

and the representatives of the political parties. Similarly, annual progress review meetings are

held where LAs, NGOs, and political parties' representative are invited for review. Public

hearings take place annually in some municipalities. Similarly there are regular weekly FM radio

programs on municipal affairs in Itahari and Tansen municipalities. However, disclosure of

financial figure, planning and project selection, technical and overall evaluation on a regular

basis to general public as per LSGA and Right to Information Act prescription is very limited.

Similarly, it was revealed municipalities often do not inform the general public the findings of

internal and external/statutory audits, budget achievement of expenditure and revenue targets,

and social and public audits. For some municipal projects a public audit is undertaken but it

appears that the comments of the stakeholders are presented in a ritualized manner and have little

impact on the future operation of municipalities.

The staff of the municipalities are, formally, upward accountable, and elected representatives are,

formally, downward accountable (to the general public). The community development section of

the municipalities promotes community networks such as NGOs, TLOs and CBOs. The section

staffs have a perception that community organizations are growing and need support for quality

community organization and empowerment of the members.

The nature and degree of civil participation appears to be improving. However, there is a

limitation on community participation due to the fact that there are few programs for

consultation. As a result people from different areas and levels of society cannot fully and

effectively participate in the management and development of the Municipality. Let people know

the municipality affairs and communicate their concerns to the municipality is limited in terms of

quality, quantity, instruments/methods and timing. Nevertheless, LGCDP support to prepare the

CD plan has enabled the involvement of stakeholders and the NGOs, CBOs, and UCs. This effort

has contributed to the development of good governance of the municipalities.

Thus, all the participating municipalities are struggling with a limited financial and human

resource capacities and capabilities to deliver their responsibilities. Besides lacking political

leadership (at present municipalities are out of elected representatives), all six municipalities are

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characterized by a range of capacity and capability limitations, administrative inefficiencies,

ineffective procedures and committees and a lack of co-ordination amongst development

partners (including central government lines agencies, INGOS, NGOs and the donor

community). Few qualified staffs are available to manage infrastructure and urban service

programs and projects. Furthermore, none of the six municipalities has an agreed and adopted

Management Plan, Monitoring and Evaluation System to address various social issues. Given

such weaknesses it is, perhaps, unlikely that in the absence of assistance the municipalities will

be able to prepare and implement a development strategy that can stimulate the production (as

opposed to the consumption) sector of the economy and which ―reconciles the economic,

environmental and social dimensions of urban growth with the evolving political economy of

state restructuring‖.

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PART TWO: SOCIAL MANAGEMENT FRAMEWORK

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8. RESETTLEMENT FRAMEWORK

Component: Socioeconomic Infrastructure Development through TDF

This Resettlement Framework (RF) is prepared to provide the policy and procedures to screen,

assess, and plan land acquisition and resettlement activities for sub-projects that are prepared and

approved during implementation of the NETP in full compliance with WB‘s Involuntary

Resettlement Policy as well as applicable laws of GoN.

8.1 Resettlement Policy

The resettlement principles adopted for UGDP: NETP recognize the Land Acquisition Act, 2034

(1977) and the requirements of the World Bank (WB) policies on Involuntary Resettlement,

Indigenous People and other relevant acts, policies and guidelines related to urban development.

UGDP: NETP is committed to ensure that all compensation and resettlement activities associated

with the project as a whole are undertaken in compliance with relevant legislation. UGDP: NETP

also acknowledges the need to incorporate best practice involuntary resettlement guidelines, as

embodied in the policies of the WB in its resettlement program to address any gaps/limitations in

the local legislation and ensure the proper restoration of affected livelihoods. For this purpose, a

set of resettlement principles have been developed to guide project preparation and

implementation. The Resettlement Policy (RP) has been prepared based on the general findings

of the reviews of literatures and consultations with central level stakeholders. The details of the

principles are presented in the table 8.1 below.

Table 8.1 Principles and Corresponding Guidelines to Execute Resettlement Policy

Principles Guidelines

Principle 1:

Human displacement and

resettlement will be minimized

wherever possible.

Land acquisition and involuntary resettlement will be avoided where feasible

or minimized to the extent possible through the incorporation of social

considerations into project design options.

In the case of roads (where resettlement issues are most likely to emerge),

while selecting the sub-project, the EA will define the category/type of road

to be constructed and declare the Right of Way (RoW) to a minimum

possible width. Normally, 8 m width of road corridor will be maintained,

except in few sections which require additional support structures. Alignment

designers will select the least agriculturally productive land and will avoid

settlement areas while selecting the road alignment.

Principle 2:

All Project impacts will be

identified and all losses properly

recorded.

An inventory of project affected assets and resources will be undertaken

in full consultation with the concerned households, communities and

authorities.

A database of all project Affected Persons ( APs) will be established

which will include for each household:

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o an inventory of landholdings and non-retrievable improvements

(buildings and structures) to determine fair and reasonable

levels of compensation and mitigation;

o census information, detailing household composition and

demography; and

o current livelihood earning activities.

The asset inventories will be used to determine entitlements and to assist

with the identification of severely project affected persons, while the

census information will be used to monitor household reestablishment.

All information will be entered into the database to facilitate planning,

implementation, and monitoring and evaluation.

Principle 3: Land acquisition, resettlement

planning, budgeting and

implementation will be an

integral part of the Project.

Land acquisition and involuntary resettlement will be integral components of

the project. The project will adopt the following approach:

Land acquisition and resettlement costs will be built into the overall

project budget as an upfront cost;

An institutional and organizational framework will be established as

an integral part of the project‘s management structure. These

mechanisms and arrangements will ensure that compensation,

resettlement and household re-establishment are carried out

promptly and effectively; and land acquisition and resettlement

schedules will be integrated with the project‘s development

schedule.

Areas required by the project will only be occupied after acquisition

and resettlement activities have been successfully completed.

Principle 4: Ongoing and meaningful public

consultation will occur.

Persons whose livelihoods and standards of living will be adversely

affected by project activities -whether through involuntary resettlement,

loss of assets or through being deprived of resources-have the right:

o to be informed in time of project proposals and implementation

schedules;

o to be consulted on measures to restore their livelihoods, and to

participate in the final selection and design of such measures;

and

o to be informed of displacement and land acquisition dates

sufficiently in advance of actual implementation.

Principle 5: Affected persons will be assisted

to restore, and ultimately to

improve, their livelihoods.

The pre-project livelihoods of affected persons will be restored and

ultimately improved through the provision of:

o compensation at replacement rates for all losses and damaged

assets.

o fair, equitable and prompt compensation for the loss of assets

attributable to the project; the absence of legal titles to lands,

property, and facilities will not be a bar to compensation

provided that their eligibility for such assistance has been

confirmed through the community participation structure.

o housing support (cash or replacement housing) and residential

site support (cash or replacement site) where physical

relocation is required;

o resettlement support measures (e.g. evacuation and

displacement allowances) where physical relocation is required;

and

o livelihood restoration and community development initiatives.

Principle 6: Indigenous peoples and

vulnerable groups will be

specifically considered.

Particular attention will be paid to adverse impacts on vulnerable

households/ social categories such as the elderly and physically disabled,

female-headed households, Dalits and indigenous groups who may be

vulnerable to changes brought about by project activities or excluded

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from its benefits. Members of these groups are often not able to make

their voice heard effectively, and account will be taken of this in

consultation and planning processes, as well as in the establishment of

grievance procedures.

Traditional rights to land and other natural resources, communal

property and specific characteristics of ethnic groups in relation to land

and other natural resources and subsequent losses resulting from the

project will be assessed and compensated accordingly.

Principle 7: Grievance and monitoring

procedures will be in place.

Accessible grievance procedures will be implemented, with particular

concern for the situation of vulnerable groups.

Monitoring procedures will be implemented to assess the effectiveness

of land acquisition, compensation, resettlement and livelihood

restoration. Monitoring will be an ongoing activity, employing

mechanisms such as internal monitoring, quantitative and qualitative

socio-economic monitoring and external evaluation.

Principle 8: Resettlement planning will take

account of the regional socio-

economic development context.

Resettlement planning will take account of:

any current/planned government developments in the project

area, including initiatives to address poverty; and

any current/planned NGO/funding agency initiatives in the

region.

Principle 9: Resettlement planning and

implementation will comply with

all legal and policy provisions.

Resettlement planning and implementation will comply with project policies

and the provisions of relevant national legislation pertaining to:

environmental management;

public participation and disclosure;

land tenure, occupation, acquisition and compensation;

local government, development and service provision.

Principle 10:

Adequate process and safeguards

will be built in the resettlement

plan to ensure that the voluntary

land donation is unforced and it

does not lead to impoverishment

of affected people

Sub-project selection and implementation will follow a bottom-up approach,

which gives communities control over planning and sub-project

implementation. Given that most local people are willing to voluntarily

donate part of their land in building community/rural roads and small-scale

rural infrastructure that provide direct benefit to community, the sub-project

will also continue, to some extent, Nepal‘s tradition of land donation.

Following safeguard measures should be taken into account:

Full consultation with affected persons and communities on

selection of sites and appropriate design to avoid/minimize

additional land take and resettlement effects;

As a first principle, APs will be informed of their right to entitle

compensation for any loss of their property (house, land, and trees)

that might be caused by the sub-project construction, and the land

donation might be accepted only as a last option;

No one will be forced to donate their land, and APs will have the

right to refuse a land donation proposal from the EA;

In case APs are directly linked to sub-project benefits and thus are

willing to voluntarily donate their land after they are fully informed

about their entitlement, the sub-project will assess their socio-

economic status and potential impact of land donation and accept

land donation only from those APs who do not fall below the

poverty line after the land donation.

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8.2 Screening and Categorization of Impacts on IR

Screening of subproject for assessing its potential IR impacts will be carried out by the

respective municipalities during the project identification and prioritization process. A checklist

for IR screening has been prepared (see Annex 1). With the help of these checklists, respective

municipalities will assess the magnitude of impacts and classify the subproject depending on the

significance of impacts for involuntary resettlement. The screening criteria based on the degree

of resettlement impacts are:

a) Significant (Category A) - as a result of the subproject, 200 or more people will

experience major impacts, that is, being physically displaced from housing, or losing

10% or more of their productive (income-generating) assets;

b) Not significant (Category B) – as a result of the subproject, fewer than 200 people

will be physically displaced from housing or lose less than 10% of their productive

(income-generating) assets. Resettlement plans are prepared commensurate to their

impacts;

c) No resettlement effect (Category C) – the subproject does not require temporary or

permanent land acquisition, and there are no impacts involving the loss of land,

structures, crops and trees, businesses or income. No resettlement plan is required.

Any subprojects that are determined to cause significant resettlement impacts or indigenous

people impacts (Category A) will not be selected.

The screening and categorization of impact on involuntary resettlement will be initiated by

Municipality (either by the relevant staff or, if there are no such skills, then on contract with an

external party). Relevant review will be done by the Department/Section Head and approval is

provided by the Executive Officer. Social Safeguard Specialist at TDF will finally endorse the

result of screening and categorization of impact on involuntary resettlement.

8.3 Preparation of a Resettlement Plan

After the screening and categorization of the sub-project, the municipalities will prepare

appropriate social management planning documents for IR for sub-projects falling in Category

‗A‘ and ‗B.‘ For these sub-projects, the planning documents shall be as per the principles laid

down in section 8.2 above and will require TDF approval prior to the award of civil works

contracts.

The municipalities (or a consultant contracted by the municipalities) will prepare either a short or

a full RP, depending on the categorization of IR impact as determined by the IR screening

process described above. If there is no impact of a sub-project, a due diligence report will be

submitted confirming the same and also stating reasons for the same.

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The RP (full or short) shall be prepared based on social impact assessment surveys ( see 8.2.2

below) including 100% census survey of the affected people, an asset inventory, landownership,

usage and productivity assessments, and data on the existing economic and social condition of

the affected people including a poverty assessment and a survey of at least 10% of the APs and

20% of the seriously affected people, together with local-level impact data, for the sub-project

based on final technical designs.

A full resettlement plan shall include a statement of involuntary resettlement objectives and

strategy, with:

1. organizational responsibilities;

2. community participation and disclosure arrangements;

3. findings of the socioeconomic survey and social and gender analysis;

4. legal framework, including eligibility criteria and an entitlement matrix;

5. mechanisms for resolution of conflicts and appeals procedures;

6. identification of alternative sites and selection;

7. inventory, valuation of, and compensation for, lost assets;

8. landownership, tenure, acquisition, and transfer;

9. access to training, employment, and credit;

10. shelter, infrastructure, and social services;

11. environmental protection and management;

12. monitoring and evaluation;

13. a detailed cost estimate with budget provisions; and

14. an implementation schedule, showing how activities will be scheduled with time-

bound actions in coordination with the civil works.

A short resettlement plan will cover the same issues as that of a full resettlement plan, as

relevant, but in less detail. However, the short resettlement plan shall ensure that adequate

compensation, rehabilitation, and relocation arrangements are planned and budgeted.

8.4 Entitlement for Various Losses

An Entitlement Matrix (EM) (see Annex 2) has been developed as per this framework and

outlines various types of losses that could result from a sub-project and provides for

compensation. The matrix lists various types of losses, application parameters, entitled persons,

and entitlements. The matrix will apply to all sub-projects entailing IR impacts. If during further

processing of a sub-project and implementation additional resettlement impacts are identified,

the entitlement matrix will be updated by including provision of compensation and assistance for

the additional impacts by mutual consent between the municipalities LB and TDF.

The entitlement matrix has been prepared in accordance with GoN and World Bank policies.

Following detailed design, the detailed measurement survey (DMS) of AP's land and/or non-land

assets and detailed census survey will be used for determining actual impacts, and replacement

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cost surveys (or asset valuation) will be carried out. This information will be used to inform the

(Land Acquisition Compensation Fixation Committee (LACFC) cost determination, or used to

inform the negotiation of land value between the municipality and plot owner as per the LAA.

All involuntary land acquisition (other than exceptional voluntary land donation) will be

compensated at replacement cost and APs assisted so that their economic and social future

would generally be as favorable as it would have been in the absence of the sub-project. Under

the Project, a representative from the affected persons is required to be a member of the LACFC

to ensure compensation for assets is at replacement value. Where the replacement cost of the

LACFC is lower than the market determined value, the municipality and/or government is

required to pay the difference. In cases of disputes such as where land records are not updated or

where the APs are unable to produce the desired documents, then the compensation amount will

be deposited with the CDO till the case is disposed.

8.5 Eligibility of Affected Households/Persons

The following individuals, group of peoples, communities and Government agencies are entitled

to compensation and assistance under the project:

Landowner:

A person who owns land/s within the project-affected areas with legal ownership documents.

In some exceptional cases, a person who owns land/s within the project-affected areas

regardless of proof of such ownership will also be entitled. However, special decisions by the

concerned Governmental agency shall be made taking into account the local

government/community's recommendation also.

Land Tenant:

A person who works on a project-affected land owned by another person with a legal proof

from Land Revenue Office.

Structure Owner:

A person who owns a project-affected building/structure including a dwelling unit but

resides in an area not affected by the project.

Business Owner:

A person who owns or conduct a business within the project-affected area, the operation of

which will be disrupted by the construction of the project.

Community:

A community who owns project affected building structures or resources and utilizes

buildings or resources of the affected areas.

Government Agency:

A government agency that owns project affected building structures or resources and utilizes

buildings and resources of the affected areas.

Project Affected People (PAP):

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Includes any populace, households regardless of their ownership status as encroachers /

squatters etc that will face their living adversely affected; and/or loose their right or title on

land, house, habitat, water resources or any other asset possessed, due to the project

implementation.

Project Affected Families (PAFs):

All members of a project affected household residing under one roof and operating as a

single economic unit, who are adversely affected by the project or any of its components.

Significantly Project Affected Families (SPAFs). The affected Families who lose 25% or

more of their land or income or a residential house because of project intervention.

Squatters:

People who have occupied land violating the laws and are not entitled to compensation for

lost land under this policy. But, if displaced they are entitled to resettlement assistance as

well as compensation for loss of other assets except land.

Vulnerable Groups:

Distinct groups of socially distressed people who might suffer disproportionately from the

effects of resettlement. These may be ethnic minority/ indigenous groups, women headed

households, the most poor (based on the poverty line), the disabled, elderly and landless/

families.

Cut-off date

The cut-off date for title holders is based according to the Land Acquisition Act, 1977 and

for non-titleholders the date of the census survey. Those who encroach into the subproject

area after the cut-off date will not be entitled to compensation or any other assistance.

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9. INDIGENOUS PEOPLES (IPS) AND VULNERABLE

COMMUNITIES DEVELOPMENT FRAMEWORK

This framework is applied for the following UGDP component activities wherever applicable:

Component I: Socioeconomic Infrastructure Development through TDF

Component II & III: Block Grant through MLD and Institutional Development through

DUDBC

IPs and Vulnerable Community Development Framework (IP/VCDF) is prepared to guide the

preparation of sub-projects under the program to ensure better distribution of the benefits and

promote development of the adivasi/janajatis along with other disadvantaged social groups in all

sub-project areas of influence. The IP/VCDF is developed based on the national

policies/strategies as well as WB‘s Indigenous Peoples Policy. The principal objectives of the

VCDF are to:

a. ensure the participation of the affected IPs and other disadvantaged groups in the

entire process of preparation, implementation, and monitoring of sub-project

activities,

b. guarantee that sub-project benefits will accrue to IPs and vulnerable communities,

and mitigate any adverse impact,

c. define the institutional arrangements for screening, planning, and implementation of

IP/VCDF for sub-projects, and

d. outline the monitoring and evaluation process.

9.1 Screening and Categorization of Impacts on IPs and Vulnerable

Communities

Initial screening of sub-project impacts on IPs and vulnerable communities will be conducted as

early as possible in the sub-project cycle to categorize the impacts and identify subsequent

approaches and resource requirements to address IP issues. A thorough screening will be

conducted during the project feasibility study and preparation of DPR. Social Consultant

(Anthropologist/ IP specialist) will be required to identify IPs and vulnerable communities

belonging to the area of the sub-project, their population (number and ratio), and their

characteristics as compared to the main population in the sub-project influence zone through

primary and secondary data collection.

Sub-projects will be categorized according to the level of impacts on IPs and vulnerable

communities. These will be determined by the type, location, scale, nature, and presumed

magnitude of potential impacts on IPs and vulnerable communities. Based on this, the sub-

projects will be categorized as per table 9.1

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Table 9.1 Categorization of Impact on IPs and Vulnerable Communities

Category Determination of the type of Social Assessment Needed

Category A Sub-projects expected to have significant impacts3 that require an Indigenous People

(IP)/Vulnerable Group Development Program

Category B Sub-projects expected to have limited impacts that require specific action for IP/

Vulnerable Group in resettlement plans and/or social action plans

Category C Sub-projects not expected to have impacts on IP/ Vulnerable Group and, therefore, do

not require special provision for IP/ Vulnerable Group

The municipality will initiate the screening and categorization either by the relevant staff or, if

there are no such skills, then on contract with an external party/social consultant. Required

review will be done by Social Development Officer of the Municipality. Approval is provided by

the Executive Officer of the Municipality. Final endorsement of the same is provided by the

Social Safeguard Specialist at TDF. Once finalized, the IP/VCDF report and categorization form

will be included in sub-project feasibility/design report to be submitted to TDF/World Bank. The

subproject Impact Categorization Form is presented in Annex 3.

9.2 Social Impact Assessment (SIA) and Preparation of IP/VCD Plans

Respective municipalities will carry out social impact assessment either by their own staff or by

hiring of consultants (Anthropologist/ IP specialist) as part of the detailed feasibility/design of

the sub-project. The SIA will gather relevant information on demography; social, cultural and

economic situation; and social, cultural and economic impacts on IPs and vulnerable

communities including 100% census survey of the IR affected people, an asset inventory, and

landownership, usage and productivity assessments. The SIA survey format is provided in Annex

5. Additional information will be gathered through separate group meetings or Focused Group

Discussion (FGD) among the IPs and vulnerable community, including their leaders, NGOs,

3 The impacts on IP/ Vulnerable Group will be considered ‗significant‘ or Category A if the sub-project positively or negatively:

a) affects their customary rights of use and access to land and natural resources,

b) changes their socio-economic status,

c) affects their cultural and communal integrity,

d) affects their health, education, livelihood, and social security status, and/or

e) alters or undermines the recognition of indigenous knowledge.

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CBOs, and affected persons. Discussions will focus on potential positive and negative impacts of

the sub-project; measures to enhancing positive impacts; and strategies/options to minimize

and/or mitigate negative impacts.

Based on the SIA, the sub-project will develop appropriate mitigation measures and livelihood

enhancement activities for IPs and other vulnerable groups. In case of limited impacts, specific

actions for IPs will be spelled out in the resettlement plan and/or social development plan for the

sub-project. If the SIA determines that the sub-project will have significant differential impact on

IPs compared to the mainstream population, an IP/VCDP will be prepared to enhance

distribution of sub-project benefits and promote the development of IPs and vulnerable people.

The municipality staff or consultant will prepare either a short or a full IP/VCDP depending on

the magnitude and complexity of sub-project impacts as determined by the social screening

process described above. The IP/VCDP should response the:

aspirations, needs, and preferred options of the IPs;

local social organization, cultural beliefs, ancestral territory, and resource use patterns

among the IPs and other vulnerable people;

results and framework of a process of free, prior, and informed consultations;

potential positive and negative impacts on IPs;

measures to avoid, mitigate, or compensate for the adverse sub-project effects;

measures to ensure sub-project benefits will accrue to IPs;

an action plan of measures to ensure that IPs receive social and economic benefits that

are culturally appropriate;

accessible procedures for grievance redress;

baseline information for evaluating the outcomes of the IPDP;

measures to strengthen social, legal, and technical capabilities of government institutions

to address IP issues;

the possibility of involving local organizations and non-governmental organizations

(NGOs) with expertise in IP issues; and

budget allocation and monitoring.

The respective municipalities will submit the IP/VCDP to WB (via TDF) for review and

approval prior to award of civil works contracts for subprojects falling in categories A and B. In

case of category C, the IP/VCDP will be approved by municipalities (i.e., implementing

agencies) within the framework prescribed by WB/TDF.

The IP/VCDP will consist of a number of activities and include mitigation measures of the

potential negative impacts through modification of sub-project design and development

assistance to enhance distribution of sub-project benefits. Where there is land acquisition or

structural losses in the ethnic/indigenous communities, the program will ensure that their rights

will not be violated and that they will be compensated for the use of any part of their land in a

manner that is culturally acceptable to them. The compensation measures will follow the

Resettlement Framework discussed above.

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10. FRAMEWORK FOR STRENGTHENING GOOD

GOVERNANCE AND SOCIAL ACCOUNTABILITY

This framework is applied for the following UGDP component activities wherever applicable:

Component I: Socioeconomic Infrastructure Development through TDF

Component II & III: Block Grant through MLD and Institutional Development through

DUDBC

The purpose for the preparation of the Governance & Accountability Framework (GAF) is to

strengthen the accountability arrangements and improve transparency in the functioning of

UGDP: NETP. At the conceptual level, good governance and social accountability intersect at

the core value of accountability that is -- the imperative to make public officials answerable for

government behavior and responsive to the entity from which they derive their authority.

The concept Demand for Good Governance (DFGG) refers to the extent and ability of citizens,

civil society organizations, and other non-state actors to hold the state accountable and to make it

responsive to their needs. And, in turn, DFGG enhances the capacity of the state to become

transparent, accountable, and participatory in order to respond to these demands. Similarly,

DFGG does not mean just about ‗want‘ better governance. It becomes demand for good

governance only when the ‗want‘ is backed by an ability to realize it – that is when citizens are

truly empowered.

The UGDP: NETP is committed to promote the four elements of DFGG that are the ways in

which the ‗wants‘ for good governance can be translated into effective demands for good

governance.

1. Promotion of demand. The ability of citizens, civil society, and other non-state actors to

demand better governance depends on their access to information, and the degree to which

they can act effectively on this information.

To achieve this, UGDP: NETP will strictly adopt the following steps:

(a) Disclosure of information: the project will maintain a high level of transparency of the

(sub) project activities regarding budgets, expenditures, programs, etc.). Such information

will be disclosed through appropriated means of communication at the beginning and end

of the project. At the centre level, all the information of project will be posed and

published in websites and newspaper. All the (sub) project level information will be

disclosed in local languages using FM radios; conducting community assemblies, public

hearing, establishing hording boards, posting public notice and similar community

friendly means of communications.

(b) Demystification of information: The project will strengthen the level of awareness and

understanding of citizens on laws, rights, budgets, policies, etc. Right based training and

advocacy activities will be designed and conducted in a community friendly manner.

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(c) Dissemination of information: The project will spread and make available information

related to governance issues, processes, finances, laws, etc) to the ordinary public.

Thus, in promoting demand, these three ―Ds‖ will be followed by a ―C‖ – collective action –

which would encompass mobilizing broader action and advocacy around this information.

Accordingly, initiatives such as freedom of information, awareness campaigns, rights

education, and media programs that promote demand will be carried out to strengthen the

first element of DFGG.

2. Mediation of demand. While mobilizing demand through advocacy and information

dissemination are important, these elements only become effective through mediation and

institutionalized feedback to the project management. Thus, strengthening DFGG also

involves:

creation and strengthening of avenues for feedback of citizens and civil society to

public officials;

encouraging consultation of these actors in decision making and public actions of

executive agencies;

formal and informal mechanisms for dispute resolution through initiatives such as

interface meetings between citizens and public officials ( public hearing) and ,

grievance redress committee.

3. Response to demand. After mediation comes response, without which demand alone would

remain powerless and non-credible and result in unmet expectations. Thus, institutionalizing

DFGG includes developing programs and initiatives within the executive that respond to

demand either through

innovations in service delivery,

response-based performance incentives, or

participatory action planning.

In order to enhance transparency, an e-procurement process can be adopted to include e-contract

management, e-billing, e-payments making the process easy and user-friendly.

4. Monitoring to inform demand. Finally, non-executive actors, such as the media, and civil

society will be involved for overall monitoring and oversight of the project. Such monitoring

reports generate key information for the executive, civil society, and ordinary citizens which

feeds back into the process of promoting DFGG – thus completing as well as continuing the

cycle

The following actions are proposed as a way to involve civil society and CBOs in municipal

activities, strengthen implementation capacity and ensure greater social accountability/demand

side governance.

a. Encourage participation of different stakeholders in municipal activities: Civil

society organizations, interest groups and community-based organizations need to be

incorporated better in municipal decision-making, particularly the planning process, so

that municipal decisions are more inclusive, participatory and effective. This can be

accomplished by requiring the municipalities to closely follow the 14-step planning

process mandated in the LSGA. More specifically, the planning process could involve

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holding meetings in each ward with the involvement of political party representatives,

municipal officials, members of civil society organizations and community-based

organizations; collect suggestions and prioritize them based on certain criteria such as the

needs of the municipality; and consulting again with these different groups at the ward

level once the initial selection of projects has been completed. A final round of

meetings/consultations should be held after the Executive Officer and the APM come up

with their list of projects so as to provide different stakeholders with the opportunity to

scrutinize the proposed plans/projects as well as demand modifications if need be. The

final selection of the projects/plans should be made based on these consultations.

b. Encourage project implementation through users’ groups and TLOs: Given that the

contracting process is notoriously prone to corruption, to the extent possible, projects and

programs need to be implemented through UGs and TLOs in order to minimize leakages,

improve service delivery, encourage community ownership and also to strengthen the

interface between local government institutions and community members. However,

given the tendency of UGs to contract out the projects allotted to them, it is paramount

that such practices be discouraged. Instead, if a UG lacks capacity, the municipality

should hire external consultants to work with it so that it can implement the project by

itself.

c. Improve capacity of community-based organizations like TLOs and users’ groups: One of the major problems in all municipalities has been that CBOs and UGs do not have

sufficient capacity to implement and manage large-scale projects handed to them. As a

result, projects constructed and managed by the UGs are either of substandard quality

(despite promoting community ownership, improving service delivery, etc) or are sub-

contracted out to local contractors. It is therefore essential to build the capacity of

community-based organizations. Members of users‘ group should be trained in aspects

such as bookkeeping, work organization and planning, labor recruitment and supervision,

procurement of goods and materials, and operation and maintenance. Trainings can be

provided by municipal staff (site supervisor, social mobilizer), NGOs or consulting firms

in the private sector. In addition, users‘ groups can be provided with external technical

consultants if required.

d. Introduce mechanisms to improve transparency in the contracting process: At

present, the contracting process across municipalities is highly susceptible to corruption.

It is common for certain contractors to bar others from submitting tenders by using

strong-arm tactics, for contractors to receive contracts in connivance with the municipal

office, or for the contractors‘ associations to indulge in collusion among its members

while barring outsiders from submitting tenders. This process needs to be improved upon

by introducing more transparent and competitive measures such as e-bidding or a double

envelope system which separates the technical proposal from the financial. Further, in

cases where users‘ groups resort to subcontracting, the process needs to be

institutionalized and formalized by involving the municipality. As present, when

subcontracts are awarded contracts, the process is not transparent and very haphazard,

especially since subcontracting by the UGs is against the provisions of the LSGA.

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e. Facilitate/enhance monitoring functions of different stakeholders: According to the

LSGA, all monitoring is to be undertaken by the municipal office. This provision,

however, has proven inadequate to monitor projects under implementation as it is

undertaken in a somewhat haphazard manner. Steps should be taken to institutionalize

monitoring arrangements, by requiring monitoring to take place at specific intervals, for

example. The participation of political party representatives in the monitoring teams has

also not been satisfactory as they lack knowledge of the technical aspects of the project.

The municipal office should involve the parties to a greater degree in monitoring,

beginning by training them in the specificities of the project. In addition, the municipality

could consider involving select civil society representatives or, where the municipality

itself lacks the capacity, external consultants in monitoring teams.

f. Introduce principle of inclusion at all levels: Upper-caste groups and, in some areas,

Newars, dominate public life in all of the six UGDP-targeted municipalities. There is a

need to encourage inclusivity to ensure greater representation of marginalized groups at

all levels, especially those of Dalits and Janajatis. In order to aid this process, the

adoption of the MPPW initiated Gender Equity and Social Inclusion (GESI) framework

should be adopted. Introduction of such inclusive policies can not only provide a

foundation for the successful implementation of projects and programs but also avert the

possibility of grievances being exacerbated.

g. Work with NGOs and pressure groups to undertake good governance programmes:

There is currently a complete absence of civil society oversight on local governance. This

can be remedied by working with NGOs and pressure groups to hold awareness-raising

programs in communities regarding the responsibilities of local governments. Once

sensitized, the same organizations should be encouraged to hold public hearings where

community representatives can directly ask questions to the municipal officer and

political parties (or, in other cases, the LDO, VDC secretaries or the CDO).

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11. SMF IMPLEMENTATION AND MANAGEMENT

11.1 Institutional Arrangements

The Ministry of Physical Planning and Works (MPPW) will be the Executing Agency (EA), and

the Ministry of Local development (MLD) will be co executing agency of the UGDP: NETP. On

a day to day basis, implementation will be coordinated by a Program Coordination Office (PCO)

comprising of a Program Director well as three Component Managers, representing each of the

participating national institutions (MLD, TDF and DUDBC) and in-charge of their respective

components. The PCO will play a coordinating and facilitating role to all three components to

implement social safeguard measures spell out in the SMF. A social safeguard specialist will be

based in PCO for this purpose.

The TDF will manage the Socio-economic Infrastructure Development component, which will

support expansion/rehabilitation of essential infrastructure/services for which the municipalities

are responsible. The TDF should establish a social safeguard or management unit or focal point

with qualified and adequate human resources (social anthropologist / IP Specialist) to confirm

smooth implementation of the RP/IPP and take corrective actions if necessary. The participating

municipalities will be the Implementing Agencies (IAs) for (i) Socio-economic investment sub-

projects, (ii) utilizing the block grants provided under the project, and (iii) completing

institutional development actions within their jurisdictions. A Municipal Coordination

Committee (MCC) comprising of Executive Officer (EO), representative from All Party

Mechanism (APM), Government line agencies, Civil Society Organization (CSO) will be

responsible for overall program coordination, policy guidance, and monitor progress on a

periodic basis at municipal level. A municipal level Project Management Team (PMT) will be

set up, comprising of the Executive Officer and the section chiefs of the key sections of the

municipality to implement the project at the municipality level. In addition, the municipalities

shall designate staff for project-related financial management, procurement and safeguards

implementation.

The PMT with the continuing support of MMC will deal all project implementation issues,

including land acquisition and resettlement issues, enhance collaboration among relevant

departments and organizations, and expedite decision-making processes with an aim at achieving

intended project output and outcome.

The municipalities will have the primary responsibility of planning, coordination and financing

of the sub-project RP/IPP/VCDP. TDF will ensure that the respective PMT will update the

resettlement plan during the detailed design stage, if required, and implement the final plan. In

addition, the TDF will verify the implementation of all RP/IPP requirements and confirm

whether APs received entitlements as per the RP/IPP prior to the award of civil work contracts.

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The PCO will have overall responsibility to ensure that municipalities are in compliance with

framework and follow all policy principles and procedures to address IR/IPP/VCDP issues as

laid down in the framework.

An indicative schedule will be prepared for RP/IPP/VCDP preparation and implementation

activities in relation to technical works. It will show the time schedule of all land acquisition and

resettlement activities including commencement and finish dates before acquisition/demolition

and procedures for implementing the key elements.

Table 11.1 Role and Responsibilities for SMF Implementation in Sub Project Cycle of

UGDP

Sub project

Cycle

Main Task related to SMF Responsibilities

Identification of

Sub-project

Identification through a participatory process

considering social aspects, issues and problems

Collection of information required for social

screening of the sub-project

Social Development

Officer ( SDO) of

the municipalities

Project Preparation Social Screening & categorization of impacts in

terms of land acquisition and impact on IPs and

Vulnerable people

Carrying out of Social Impact Assessment (SIA) &

prepare FULL/or SHORT Resettlement Action Plan

(RAP) and Vulnerable Community Development

Plan (VCDP) wherever necessary

Preparation of a detailed sub-project proposal

detailing social aspects, alternatives for minimizing

the negative impacts as per SIA Study findings

Social Development

Officer ( SDO) of

the municipalities

Social Safeguard

Consultant hired by

municipalities

Social Safeguard

Consultant hired by

municipalities

Appraisal Assessment of mitigation measures and entitlements

initiatives stated in RAP

Assessment of institutional capacities to implement

mitigation measures, monitor social aspects of the

sub projects

Social Safeguard

Consultant hired by

TDF

Implementing &

Executing

Building of institutional capacities to implement

mitigation measures, monitor social aspects of the

sub projects

Implementation of the provision of entitlements to

the PAPs and other social impacts mitigation

measures with the help of local communities,

NGOs/CBOs and private sectors

Social Safeguard

Consultant hired by

DUDBC

PMT

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Monitoring &

Evaluation

Documentation of the progress acquiring the

feedback from PAPs on provision of entitlements

and other arrangements and reporting to the line

ministry, PCO, TDF & World Bank

Annual monitoring and evaluation of progress on the

social safeguard compliance through Third Party

Assurance

Identification of shortcomings and

redressal of these grievances

PMT

Independent Social

Safeguard

Consultant hired by

municipalities

PMT

11.2 Consultation and Information Disclosure

11.2.2 Public Consultation

Consultations during Prefeasibility Study and Preparation of SMF

Public consultations were conducted by the consultant and PPT members during prefeasibility

study in June and September 2010. The main objectives of the consultation were to disseminate

information about UGDP: NETP to municipalities and local stakeholders and to identify the

priority project in each municipality. In each municipality, information about the UGDP: NETP

was disseminated to (i) the representatives from the political parties, line agencies and the

municipal administration; (ii) the member from the civil societies and CBOs; (iii) members from

the poverty clusters and women and finally a plenary session was conducted where the findings

from each group discussion and interaction were presented to prioritize project unanimously.

Similarly, Consultation meetings with MLD, DUDBC and TDF were conducted by the SMF

consultant in order to prepare social and management framework. The consultation was mainly

focused on institutional, human resources and past experiences of social management practices

of these organizations in terms of land acquisition, R&R policies and IPs and vulnerable

community development plans. The consultation also assessed the institutional capacity of MLD,

DUDBC and TDF to implement and monitoring the compliance of social safeguard measures

reflected in the SMF.

Modes of Future Consultations

A range of formal and informal consultative methods will be carried out for all subprojects

including, but not limited to: focus group discussions (FGDs), public meetings, community

discussions, and in-depth and key informant interviews; in addition to the censuses and socio-

economic surveys. Consultations will be held with special emphasis on vulnerable groups.

Encouraging public participation in consultations informs the public and serves as a venue for

the public to express their opinion on priorities which the Project should address.

The key stakeholders to be consulted during sub-project preparation, RP/IP& VCDP

implementation, and program implementation includes:

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all APs, including vulnerable households;

project beneficiaries;

host populations in resettlement sites (if any);

political party representatives, community leaders, and representatives of community

based organizations;

local NGOs;

officials of municipalities and relevant government agency representatives.

Consultations with APs during RP and IPP preparation will ensure that views of APs on

compensation and resettlement assistance measures are fully incorporated while consultations

conducted during RP implementation will identify necessary assistance required by APs during

rehabilitation. Continuing involvement of those affected by sub-projects is necessary in the

resettlement process. The municipality with support and guidance from the PCT and TDF

consultants will ensure that APs and other stakeholders are informed and consulted about the

sub-project, its impact, their entitlements and options, and allowed to participate actively in the

development of the sub-project. This will be done particularly in the case of vulnerable APs, who

will be encouraged to choose options that entail the lowest risk. This exercise will be conducted

throughout the sub-project—during preparation, implementation, and monitoring of sub-project

results and impacts.

The PCT will ensure that views of APs, particularly those who are vulnerable, related to the

resettlement process are looked into and addressed. The PCT will ensure that APs consulted are

informed of the outcome of the decision-making process, and will confirm how their views were

incorporated. Since resettlement is a continuous process and baseline data/information will be

collected, the PCT will regularly update the baseline information.

11.2.3 Information Disclosure and Dissemination

Summaries of the RP/IPPs of SMF will be made available in Nepali language to the APs, local

NGOs, and public offices in the sub-project site. Copies of these documents will be provided to

any requester by charging the photocopy cost. The draft and final SMF will be disclosed in the

websites of MLD, DUDBC, TDF and WB and made available to APs. Information dissemination

and consultation will continue throughout program implementation.

For all sub-projects, information will be disseminated to APs at various stages. In the initial

stage, the participating municipalities will be responsible for informing potential APs and the

general public of the project about the land acquisition requirements through leaflets and

publication in local media outlets and newspapers. PMT will conduct consultations and

disseminate information to all APs during these initial stages to create awareness of the project.

In the implementation stage, the municipality will provide information to APs on IR policies and

features of the RP in appropriate mode and means of communications. Basic information such as

sub-project location, impact estimates, entitlements, and implementation schedule will be

presented to APs. This will enable stakeholders to provide inputs on the resettlement process,

prior to award of civil work contracts.

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11.2.4 The Information and Consultation Strategy (ICS)

It is intended to lay out the way in which information will be provided to the project

implementers and beneficiaries and also how consultations will be held during project

implementation. Its purpose is to ensure social and environmental issues are effectively

addressed by the project and subprojects through a transparent and participatory manner. The

primary responsibility for the implementation of the ICS is vested in the municipalities. The

following matrix shows a typical plan for provision of information and consultations for sub-

projects in the UGDP: NETP

Table 11.2 Information and Consultation Strategy (ICS) for UGDP: NETP

Stages of a subproject Consultation and Information steps

Pre-sub-project

planning stage

STEP – 1: Proposal and Feasibility (Information Role)

Once a sub-project is identified the PMT should undertake a feasibility

study determining the feasibility of the sub-project in view of the

adverse social impacts it may pose. This study is an important source

of information to the executing and implementing agencies (MPPW,

MLD, TDF municipalities) and also to the community for whom the

sub-project has been proposed. The feasibility study should address

the following:

Are the proposed goals of the sub-project valid

Who is the public for whose benefit the sub-project is being

introduced

How is the sub-project going to serve them and is it in their

interests

The alternatives to the sub-project and whether the alternatives

are cost affective

Will there be any adverse social impacts due to the

implementation of the sub-project

What would be the implementation strategy of the sub-project

etc.

Pre-sub-project

planning stage

STEP – 2: Initial Public Consultation (Consultation Role)

The findings of the sub-project feasibility, its benefits and impacts

need to be discussed with the community for whom the sub-project is

proposed. This would help the implementing agency in taking the

opinion of people, make them understand the pros and cons of the sub-

project, alternatives examined and the sub-project finalized.

Planning and

grounding stage

STEP – 3: Socio Economic Assessment/Analysis (Information and

Consultation Roles)

In this stage it is important to ensure that there are no adverse social

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impacts of the subproject. The sub-project may be passed if it has no

impacts and implementation can be initiated. However, if the sub-

project triggers any social impacts then the following steps are to be

considered while planning the sub-project.

Identification of the PAPs through census survey

Collection and analysis of the baseline data

Preparation of Resettlement Action Plan

Preparation of Tribal Development Plan in case the sub-project

effects tribal communities

Land Acquisition Assessment

Generation of other relevant information and

Consultation and communication strategy

Planning and

grounding stage

STEP – 4: Detailed Project Report (Information Role)

Initial consultations, feasibility and socio-economic assessments on

the sub-project will pave the way for the preparation of the Detailed

Project Report (DPR). The DPR should constitute information on

various components for successful sub-project implementation. The

DPR will constitute:

A final design of the proposed sub-project after examining the

various alternatives to reduce the social impact on the people

The cost of the sub-project construction

The time frame the completion of the sub-project

The institutional arrangements for implementing the sub-

project

Plans and proposals covering R&R issues

Design to ensure community participation in the sub-project

(Beneficiaries, PAPs, NGOs, community organizations)

Plan for external help wherever needed (Experts, Advisors,

Consultants)

Grievance redressal mechanisms

Planning and

grounding stage

STEP – 5: Preparing for project implementation and sharing

information (Information and Consultation Role)

Once all the documents like prepared list of PAPS affected, the type of

entitlements, plans for reconstruction of public utility infrastructures,

details of land acquisition etc., steps have to be taken to disseminate

the information among the PAPs and prepare agencies for project

implementation. Following tasks will be carried out in this step:

Announcement of the project

Displaying the layout of the project affected area

R&R policy provisions and entitlements for the PAPs

Consultations with the affected people and public hearing

Involving NGOs/community in R&R implementation

Implementation stage STEP – 6: Addressing issues that arise during implementation

(Consultation Role)

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In this stage there may be many issues that the project-implementing

agency may face during the implementation of the project such as:

Problems pertaining to compensations & allowances

Unexpected reactions from the PAPs with regard to the

entitlements

Conflicts between the displaced community and the host

community etc.

To overcome these problems the PMT would adopt a consensual

approach and address the grievances and queries of the people

affected.

Monitoring and

evaluation stage

STEP – 9: Monitoring Process through participation (Information

and consultation Roles)

The process of participatory monitoring and evaluation (M&E) is the

logical extension of the ICS activities. Beneficiary committees can be

formed for monitoring and supervision of the sub-project works. The

process should also ensure that the project benefits have properly

reached the affected people and the execution of the project sticks its

original designs so that social compliance is achieved. Following tasks

are essential in this stages:

Ensuring the implementation of the RP/IP/VCDP and timely

delivery of entitlements (Consultation Role)

o Ensuring that the RP/IP/VCDP is implemented according

to a designed plan and also the timely delivery of the

compensations and rehabilitation assistance to the PAPs is

the responsibility of the PMT. The role of CSOs can be

very crucial at this stage

Reporting (Information Role)

o Reporting is an important aspect of the M&E process.

Periodical reporting is important to generate information on

the progress of the work undertaken. The status of the

implementation of the RP/IP/VCDP and progress has to be

documented

11.3 Grievances Redress Mechanism

It is expected that through a participatory process, acceptance of the sub-projects and grievances

can be minimized. However, it is necessary to establish an effective grievance redressal

mechanism to address complaints/grievances related to social issues that may arise. Any

grievances and objections retarding the social aspects of the project will be referred to the project

Grievances Redress Committee (GRC). The project GRC will be formed at central and municipal

levels. PCO with one NGO representative from SC will act as GRC at central level whereas a

five members committee comprising of ex-elected Mayer/or Vice-Mayer, representative from

political parties, Tole Lane Organization (TLO), Consumer Forum/ User Group and Chamber of

Commerce and Industries will act as GRC at municipality level. The GRCs at both levels will

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meet as needed to determine the merit of each grievance, and resolve grievances within a

stipulated timeframe of receiving the complaint.

The affected persons can register their grievances at the complaint cell established at PCO in

central level and municipality at local level. Complaints should be addressed to the complaint

cell at PCO and PMT or municipality. All complaints received should be first registered,

categorized and prioritized by the Social Safeguard Specialist at PCO and Social Development

Officer at PMT. They should be analyzed and assessed the concerns raised by the affected parties

and have discussion and consultation with them. Records of all such proceedings should be

maintained, for future reference, and the attendance of all participants with their signature, in

particular the complaints and affected groups should be recorded. If grievances cannot be

addressed, the matters are brought to higher authorities (which could be the municipal board,

court or central government)

PCO and PMT will keep records of all grievances received including: contact details of

complainant, date the complaint was received, nature of grievance, agreed corrective actions and

the date these were effected, and final outcome. The GRC should provide the concerns of the

complainants on issues relating to negative and physical impacts that they conceive would occur

by the implementation of the particular project sub-component. All complaints should be signed

with complete information on name, contact address, phone number if any so that the person can

be contacted when required. An acknowledgement to the effect that the complaint has been

received by the coordinator‘s office should be promptly sent to the complaints.

Any grievances and objections related land acquisition and RP/IPP will be referred to the

Grievances Redress Committee (GRC). The constitutional basis of the Grievance Redress

Committee (GRC) for RP/IPP activities is Clause 11 of the Land Acquisition Act of Nepal 2034

(1977). The Act assigns CDO as the sole responsibility to chair land acquisition activities. In

keeping with the legal provision mentioned in the Act, the basic process of grievances redressal

to be undertaken under the Project will be as follows:

Decisions should be given within fifteen days after receiving the grievances.

Further processing of the grievances or any decision should be taken only after

consultation with the CDO and also the Project Officer, if deemed necessary.

Ministry of Home Affairs can exercise legal authority through the District court while

investigating in the matter of such grievances.

11.4 Monitoring and Reporting

Monitoring is a major part of the social management framework to ensure its goals are met. RP

implementation will be monitored internally. The monitoring procedures of SMF will fully be

consistent with the monitoring provisions spell out in the recently endorsed Municipal Blended

Guidelines. The RP/IPP implementation activities will be closely monitored internally by the

PMT and TDF. This will involve: (i) administrative monitoring to ensure that implementation is

on schedule and problems are dealt with on a timely basis; (ii) socio-economic monitoring during

and after any resettlement impact by utilizing baseline information from sub-project preparation;

(iii) overall monitoring to assess AP status; and (iv) preparation of progress reports to be

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submitted to TDF by the PMT reporting actual achievements against the targets fixed and

reasons for shortfalls, if any.

The PMT will maintain a record of all transactions in their resettlement database, followed by

entitlement records signed by AP and survey based monitoring of resettlement / land acquisition

progress on trimester basis and report to the line ministries, PCO, TDF and WB wherever

required. Monitoring will ensure:

That all internal training of relevant safeguards staff occurred;

Verification that there are no outstanding or unresolved land acquisition issues with

respect to the project and that property valuation and economic rehabilitation has

been carried out in accordance with the provisions of the plan;

Information campaign and consultation has been carried out with APs;

Status of land acquisition and payments on land compensation;

Value of entitlement received is equal to that of original structure or land acquired;

Effective utilization of entitlements received;

Compensation for affected structures and other assets;

Relocation of APs; if applicable;

Payments for loss of income;

That all economic rehabilitation measures are implemented, as approved;

Effective operation of both the Grievance Committees;

Funds for implementing land acquisition and economic rehabilitation activities are

available in a timely manner, are sufficient for the purposes, and are spent in

accordance with the plan.

PMT will also be responsible for carrying out field level SMF monitoring through:

Review of census information for all APs;

Consultation and informal interviews with APs;

In-depth case studies;

Informal sample survey of APs;

Key informant interviews; and

Community public meetings.

The social safeguard compliance will be monitored by independent consultants annually to

ensure that appropriate social safeguards have been incorporated into the sub-project.

11.5 Capacity Building

Capacities for managing social management tasks need to be built in two ways. Firstly,

capacities should be built considering the overall institutional development in addressing social

issues and secondly, sub-project specific capacities that are useful in implementation of the sub-

project.

The shortcomings in the capacities of the institutions have been identified and accordingly the

following appropriate measures and training programs are suggested for capacity enhancement.

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Knowledge on policy, legal and administrative provisions

A comprehensive document highlighting the roles and responsibilities of various functionaries,

laws and legislations, constitutional provisions, policies of central Governments, World Bank

policies etc., needs to be prepared by the UGDP. It has to be prepared in crisp and easy language

for better understanding, and possibly circulation in both in English and Nepali. Staff will be

able to handle grievances and conflicts with competence with the help of such reference

documents. In addition to this, special steps to devise training modules that can be used to train

and test the competence of the functionaries at the municipality level on the legal, policy and

administrative framework need to be designed. Training programs would help the municipal

functionaries in understanding the framework and help in enhancing their capacity.

Training

Training is an important component for developing capacities. Appropriate and timely training to

the officials with regard to various issues can bring a positive change in the functioning of the

staff. Apart from training in generic areas such as human resource management, information

management, government functionaries require training in handling certain specialized tasks

pertaining to social issues as given under.

For the Members of PCO and Relevant Staff at MLD, DUDBC &TDF

Training on Social Assessment, Appraisal and Management:

PCO members and relevant staff at MLD, DUDBC and TDF would require capacity building

inputs to help them understand the social risks attached to different sub-projects and the

appropriate R&R measures that can be taken to mitigate adverse impacts on the community. In

addition, they would require training to equip them with skills they can use to appraise sub-

projects on key social criteria and ensure that they are socially sound.

For Municipal Staff

Training on Consultations and Surveys is important for municipal staff to enable them to get

acquainted with processes linked to community participation, community mobilization, census

surveys, baseline surveys, etc. Training on consultation processes for specific projects and

exposure to various participatory methods of consultation will enhance the capacity of the

relevant staff to carry out proper consultation. The training should concentrate on the various

issues of ensuring participation and transparency in sub-project implementation. It should also

stress on the type of information to be generated through the surveys, especially on the socio-

economic information and other related issues. This training can also be imparted to

NGOs/CBOs that are involved in the sub-project. This training would help the staff to be in close

contact with the community as well as all the stakeholders involved.

Training on Social Assessment of Sub-projects will enable the municipal staff to understand

the social risks attached to different sub-projects and the appropriate measures that can be taken

to mitigate adverse impacts on the community. This would not only enable them to prepare

socially sound sub-projects but also help them put in place strong monitoring and management

plans.

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Training on Resettlement and Rehabilitation is another very essential requirement for the

municipal staff in addressing social issues. Staff in the municipalities needs to build capacity in

this regard. This could include information on related laws and legislations, safeguard policies,

methods of implementation, valuation of assets, grievance redressal, preparation and

implementation of Social Management Plan (SMP)/ IPs Development Plan (IPDP), social

impacts etc., that may be encountered in a typical urban infrastructure sub-projects. Members of

PMT who are particularly involved in planning and drafting subprojects at the municipality

should undergo this training as they play a primary role in implementing R&R provisions under

the project.

Training on Preparing Communication Strategy: A well-developed communication strategy

needs to be in place to realize better results in implementing the projects. The concerned

municipalities have to develop and effectively implement their own consultation and

communication strategy. Successful implementation of sub-project would depend, to a large

extent, on the ability to maintain close contact with the community in the sub-project area. For

this purpose municipalities need to develop consultation plans along with the help of an

NGO/community. Such a communication strategy would help in better communication, clearer

understanding of social problems, better service delivery, easier conflict resolution and grievance

redressal. Training modules may be developed to help municipalities draft and implement

appropriate consultation strategies.

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References Dahal, Dev Raj, Hari Uprety, Phanindra Subba. ―Good Governance and Decentralization in

Nepal.‖ Center for Governance and Development Studies/Friederich-Ebert-Stiftung, Kathmndu,

Nepal, January 2001.

GON. Interim Constitution 2007, Kathmandu, Nepal.

Government of Nepal (GoN), 1977. Land Acquisition Act 2034.

Government of Nepal & World Bank (2010) Nepal: Study on Urban Development and Service

Delivery in Secondary Cities and Emerging Towns, A Prefeasibility Report for UGDP: NETP

prepared by The GHK, DMI Pvt. Ltd and WELINK

ICG. Nepal’s Troubled Tarai Region, Asia Report No. 136, 9 July 2007.

LBFC/GON. ―Staniya Nikayaharu ko Bittiya Stithi Bisleshan.‖ Lalitpur, Nepal, Baisakh 2066.

Mademba, Sita. “Special Security Plan falters: Despite government claims, eastern Nepal is still under the sway of armed groups.” Nepali Times, Issue #519, 10-16 September 2010.

Manandhar, Narayan. “Nepal's armed groups” Republica, 29 August 2009.

MLD. ―Local Authorities Fiscal Commission Report, 2000.‖ Lalitpur, Nepal.

MLD/GON. ―Local Bodies Financial Administration Regulation,‖ Lalitpur, Nepal.

MLD/GON. “Local Governance and Community Development Programme (LGCDP): Programme Document.” Lalitpur, Nepal, 11 July 2008.

MLD/GON. “Mantralayako Sanchipta Parichaya Ewam Barsik Karyakram, Budget tatha Pragati Pratibedan,” 2066, Lalitpur, Nepal, Falgun 2066.

MLD/GON. Local Self-Governance Act, 1999, Kathmandu, Nepal.

MOPE, 1996. Environmental Protection Act. HMGN Press, 1996.

MOPE, 1997. Environmental Protection Rule. HMGN Press, 1997 (and Amendments, 1999).

National Planning Commission. 2003. The Tenth Plan (Poverty Reduction Strategy Paper

2002–2007). Kathmandu: His Majesty‘s Government of Nepal.

National Planning Commission (NPC), 2006. Land Acquisition, Compensation and Resettlement

in Development Projects. Kathmandu. A report prepared with assistance by the Asian

Development Bank (TA-4422-NEP).

Sharma, Pitamber. ―Urbanization and Development.‖ Central Bureau of Statistics, Government

of Nepal.

Subedi, Madhusudan Sharma. ―Corruption In Nepal: An Anthropological Inquiry.‖ Dhaulagiri

Journal of Sociology and Anthropology, Volume 1, 2005.

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Annex 1. Involuntary Resettlement Categorization Form

A. Project Data

Municipality / Sub-project Title:

B. Screening Questions for Resettlement Categorization

Probable Involuntary Resettlement Effects Yes No Not

Known

Possible Remarks

Will the sub-project include any physical construction work? Does the sub-project include upgrading or rehabilitation of

existing physical facilities?

Are any sub-project effects likely leads to loss of housing, other

assets, resource use, or incomes/livelihoods?

Is land acquisition likely to be necessary? Is the site for land acquisition known? Is the ownership status and current usage of the land known? Will easements be utilized within an existing Right of Way? Are there any non-titled people who live or earn their livelihood

at the site or within the Right of Way?

Will there be loss of housing? Will there be loss of agricultural plots? Will there be losses of crops, trees, and fixed assets? Will there be loss of businesses or enterprises? Will there be loss of incomes and livelihoods? Will people lose access to facilities, services, or natural

resources?

Will any social or economic activities be affected by land use-

related changes?

If involuntary resettlement impacts are expected: • Are local laws and regulations compatible with World Bank‘s

Involuntary Resettlement policy?

• Will coordination between government agencies be required to

deal with land acquisition?

• Are there sufficient skilled staff in the Implementing Agency for

resettlement planning and implementation?

• Are training and capacity-building interventions required prior

to resettlement planning and implementation?

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Information on Affected Persons:

Any estimate of the likely number of households that will be affected by the sub-project?

[ ] No. [ ] Yes. If yes, approximately how many? ______

No. of HHs losing <10% of their productive assets?_______

No. of HHs losing 10% or more of their productive assets? _____

Are any of them poor, female-headed households, or vulnerable to poverty risks? [ ] No. [ ] Yes. If yes, please briefly

describe their situation?

Are any APs from indigenous or ethnic minority groups? If yes, please explain?

C. Decision on Categorization

After reviewing the answers above, it is determined that the sub-project is:

Categorized as an A project, a full Resettlement Plan is required

Categorized as a B project, a short Resettlement Plan is required

Categorized as a C project, no RP is required

___________________________ _____________________________

Prepared by: Reviewed by:

(Municipality staff/Contracted Party) (Department/Section Head, Municipality)

Date: Date:

______________________________ _______________________________

Approved by: Endorsed by:

Executive Officer, Municipality Social Safeguard Specialist, TDF

Date: Date:

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Annex 2 Entitlement Matrix

Types of Lost Application Entitled Persons/family Policy/ Entitlement

1. Acquisition

of private,

tenancy, or

Guthi land

Entire or part of

land to be

acquired from

owner of the

land as recorded

at cut-off date

Titleholder

Tenants

Land with equivalent size and category, or cash

compensation at replacement cost,

In case of vulnerable group, preference will be in

replacing land for land,

Any transfer costs, registration fees or charges,

Tenant will receive 50% value of the land,

Land registration in the name of both land owner and

spouse (in case of land for land compensation),

If remaining land becomes unviable as a result of land

acquisition, APs have an option to relinquish unviable

remaining portion of land and receive similar benefits to

those losing all their land parcel(s),

Non-titled persons will receive compensation for crops

and subsistence allowance for one year‘s crop, and

provided with replacement land if ailani (or government)

land is available; any up-front costs for the tenancy

agreement will be reimbursed either through an

agreement with the landlord or by the EA

2. Temporary

loss of land

Temporary land

taken by the

sub-project

Titleholder

Tenants

Compensation at replacement cost for the net loss of

income, damaged assets, crops and trees etc.

Agreement between contractors and APs before entering

site

3. Loss of

residential,

commercial,

and other

structure

Structures,

buildings

including cattle

shed, walls, toilets

etc. affected by the

sub-project

Owner

Tenants

Non-titled

(encroachers and

squatters)

Compensation for full or partial loss at replacement cost

of the affected structure(s) without depreciation or

deduction for salvaged material,

Displacement and transportation allowance for residential

and commercial structures to cover actual transaction cost

as estimated in the resettlement plan,

Rental stipend equivalent of three months‘ rent for

tenants who have to relocate from tented building

4. Loss of

community

structures

and/or

resources

Community

facilities (e.g.

irrigation, water,

etc.) affected by

the sub-project

The users of the

facility or

community or

group

Reconstruction by the sub-project leaving such facilities

in a better condition than they were before, or

Cash compensation at full replacement cost without

depreciation of deduction for salvaged material

5. Loss of

trees and

crops

Affected fruit/nut

trees

Owner of the

affected timber and

fodder trees

Cash compensation based on annual value of the produce

and calculated according to Department of Agriculture

(DOA) norms,

RPs to confirm that the DOA norms and techniques are

sufficient and are updated regularly

Affected timber

and fodder trees

Owner of the

affected timber and

fodder trees

Cash compensation based on calculation of the

production and calculated according to the district norms

as decided by the Department of Forestry

Affected crops Owners and

sharecroppers of

affected crops

Cash compensation based on local market prices for the

produce of one year and calculated as per the norms of

District Agriculture Development Office,

50% cash compensation of the lost crop for the

sharecropper

6. Loss of

economic

opportunity

Economic

opportunity lost

as result of loss

of livelihood

Persons in the subproject

vicinity who may be

adversely affected,

although they do

Preferential involvement in project construction works,

Skills training support for economic restoration,

Priority in poverty reduction/social development program

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base not lose assets as such

7. Loss of time

and travel

expenses

Expenses

incurred in

traveling to fill

application and

making claims

and time lost

All sub-project

affected persons

eligible for

compensation

Program facilitates transportation in official process,

Payment on the same day as other compensation

8. Land

donations

Loss of land and

other assets by

means of voluntary

donation

Voluntary donation

is accepted only if AP:

(i) is subproject

beneficiary and is fully

consulted and informed

about rights; (ii) doesn‘t

fall below poverty line

after land donation; (iii)

donating up to 20%

land holding; and (iv)

freely willing to donate

(with an agreement,

including a "no

coercion" verified

by a third party)

No compensation for the donated land, but entitled for

compensation of other assets such as house, structures,

allowances, etc.

Transfer of land ownership by negotiation (Municipality

and the owner).

Free/escape of any transfer costs, registration fees, or

charges.

Preferential employment in sub-project construction work

9. Additional Assistance

9.1 Preferential treatment in

employment in project activities

All APs Construction contracts include provision that APs will

have priority in wage labor/employment on sub-project

construction during implementation,

APs shall be given priority after construction for work as

maintenance workers, mandated in local body agreement

9.2 Skill training and income

generation support

One member of

each project affected

family belonging to

vulnerable group/below

poverty line

Skills training and income generation support financed by

subproject

Resettlement Plan to include a need assessment and skills

training program for APs.

9.3 Priority in Poverty

reduction/social development

programs

All APs Participation of APs with priority in saving credit scheme

facilitated by the sub-project,

Participation of APs with priority in life skills, income

generation, and other entrepreneurship opportunities

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Annex 3 Indigenous Peoples/ Vulnerable Group Impact Categorization Form

A. Project Data

Municipality / Sub-project Title:

B. Identification of Impact on IPs/ Vulnerable Group in Sub-project Area Impact on Indigenous Peoples (IPs)/

Ethnic Minority(EM)/ Vulnerable

Group

Not

known

Yes No Remarks or identified problems, if

any

Are there IPs or EM groups present in

project locations?

Do they maintain distinctive customs

or economic activities that may make

them vulnerable to hardship?

Will the project restrict their economic

and social activity and make them

particularly vulnerable in the context

of project?

Will the project change their

socioeconomic and cultural integrity?

Will the project disrupt their

community life?

Will the project positively affect their

health, education, livelihood or social

security status?

Will the project negatively affect their

health, education, livelihood or social

security status?

Will the project alter or undermine the

recognition of their knowledge,

preclude customary behaviors or

undermine customary institutions?

In case no disruption of indigenous

community life as a whole, will there

be loss of housing, strip of land, crops,

trees and other fixed assets owned or

controlled by individual indigenous

households?

C. Anticipated project impacts on indigenous peoples

Project activity and output Anticipated positive effect Anticipated negative effect

1.

2.

3.

4.

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D. Decision on Categorization

After reviewing the above, it is determined that the sub-project is:

Categorized as an A project, an Indigenous Peoples Development Plan (IPDP) is required

Categorized as a B project, a specific action favorable to indigenous peoples is required and

addressed through a specific provision in related plans such as a Resettlement Plan, or a general

Social Action Plan

Categorized as a C project, no IPDP or specific action required

___________________________ _____________________________

Prepared by: Reviewed by:

(Municipality staff/Contracted Party) (Department/Section Head, Municipality)

Date: Date:

______________________________ _______________________________

Approved by: Endorsed by:

(Executive Officer, Municipality) (Social Safeguard Specialist, TDF)

Date: Date:

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Annex 4 Checklists for Stakeholder Consultation

A. Central Level Stakeholders

1. Overview of the proposed UGDP

Program components

Role and responsibilities of MLD, DUDBC,TDF and municipalities

Project management structure

Monitoring and supervision

Budget flow mechanism

2. Institutional Capacity Assessment

Experiences of Social management of similar works

Existence of units/ focal points; assigned rights and duties, functions and

effectiveness of their roles and responsibilities

Human & financial resources and facilities

Legal and policy implication and mandate

Implication of extra work load from this program

3. Impacts of the likely proposed activities in terms of IR and on the issues of IPs,

gender equality, social inclusion and social accountability

Individuals and groups likely to be impacted, categories of impacted people with

estimated numbers and degree of impact

Impacts on vulnerable communities including: Janjatis, Dalits, and highly poor

groups including women, physically challenged and destitute

Other social and cultural risks and barriers

4. Mitigation measures to avoid or minimize negative impacts and contents of RR and

VC/IP Development policies

Mode of compensation and rehabilitation assistance for losses to assist the

affected people in various categories to restore their living conditions

Ways of identifying different categories of impacted people determined in terms

of degree of impact and assets lost;

Criteria to be used in identifying who is eligible for compensation for each

category of population impacted

Modes and methods of valuation of lost assets

Modes of implementation of RAP and VCDP/IP Development Plan with clear

roles and responsibilities at different levels

5. Institutional Structure and corresponding role and responsibilities for Grievance

Redress Mechanism to be developed in different levels

Municipal Level

Central Level

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6. Institutional arrangement for implementing SMF

Specific roles, responsibilities, and authority of involved institutions with regard

to management in the proposed program/project

7. Social Monitoring

Level, types, frequencies and institutional roles and responsibilities

Feedback systems for overall framework compliance

Third party/independent monitoring ( Who, when, where, & how)

Reporting mechanism

8. Funding

Estimation of likely range of overall costs and overall funding arrangements to

implement SMF

9. Capacity Building

Requirements for strengthening capacity to implement SMF and to monitor its

overall compliance

10. Guideline on social Inclusion and accountability/Demand side Governance

Existing practices of ensuring social inclusion and accountability

Practices of social audit and public hearing

Involvement of CBOs, user groups, other stakeholders, and civil society in

monitoring the performance of MLD, DUDBC, TDF and municipalities in terms

of their responsiveness and efficiency in meeting people‘s needs and in fostering

local economic development.

B. Municipal and Local Level Stakeholder

11. Overview of the proposed UGDP:NETP

Program components

Role and responsibilities of municipalities and other local stakeholders

Municipal level project management structure

Monitoring and supervision

Budget flow mechanism

12. Assessment of Social and Political Situation

Caste/ethnic distribution

Female headed households

Proportion of poor

Distribution of Vulnerable groups ( old aged, disable people etc)

Overall political scenario in the Municipality( political actors, parties and

corresponding influence)

NGOs, CBOs and Civil Society Organizations and their implication in urban

social development

13. Institutional Capacity Assessment

Experiences of Social management of similar works

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Existence of units/ focal points; assigned rights and duties, functions and

effectiveness of their roles and responsibilities

Human & financial resources and facilities

Legal and policy implication and mandate

Implication of extra work load from this program

14. Impacts of the likely proposed activities in terms of IR and on the issues of IPs,

gender equality, social inclusion and social accountability

Individuals and groups likely to be impacted, categories of impacted people with

estimated numbers and degree of impact due to proposed subproject

implementation

Impacts on vulnerable communities including: Janjatis, Dalits, and highly poor

groups including women, physically challenged and destitute

Other social and cultural risks and barriers

15. Mitigation measures to avoid or minimize negative impacts and contents of RR and

VC/IP Development policies

Mode of compensation and rehabilitation assistance for losses to assist the

affected people in various categories to restore their living conditions

Ways of identifying different categories of impacted people determined in terms

of degree of impact and assets lost;

Criteria to be used in identifying who is eligible for compensation for each

category of population impacted

Modes and methods of valuation of lost assets

Modes of implementation of RAP and VCDP/IP Development Plan with clear

roles and responsibilities at different levels

16. Institutional Structure and corresponding role and responsibilities for Grievance

Redress Mechanism to be developed in different levels

Municipal Level

Central Level

17. Institutional arrangement for implementing SMF

Specific roles, responsibilities, and authority of involved institutions with regard

to management in the proposed program/project

18. Social Safeguard Compliance Monitoring

Level, types, frequencies and institutional roles and responsibilities

Feedback systems for overall framework compliance

Third party/independent monitoring ( Who, when, where, & how)

Reporting mechanism

19. Funding

Estimation of likely range of overall costs and overall funding arrangements to

implement SMF

Budget estimation for implementing SMF per subproject

20. Capacity Building

Requirements for strengthening capacity to implement SMF and to monitor its

overall compliance

o Training

o Exposure visit

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o Additional human resource

o Financial and office infrastructure support

o others

21. Guideline on social Inclusion and accountability/Demand side Governance

Existing practices of ensuring social inclusion and accountability

o Promotion of demands ( disclosures, demystification & dissemination of

information)

o Mediation of demands (avenues for feedback, consultation in decision

making process and formal and informal mechanisms for dispute

resolution( GRC etc)

o Response of demands (innovations in service delivery, response-based

performance incentives, or participatory action planning.

Practices of social audit and public hearing

Involvement of CBOs, user groups, other stakeholders, and civil society in

monitoring the performance of MLD, DUDBC, TDF and municipalities in terms

of their responsiveness and efficiency in meeting people‘s needs and in fostering

local economic development.

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Annex 5 Format for Social Impact Assessment

Surveys: For sub-projects involving land acquisition and resettlement impacts, the social

development officer at PMT or contracted consultant will undertake social impact assessment

(SIA) for each identified subproject, on the basis of preliminary technical design. These surveys

will help in determining the magnitude of displacement, prospective losses, better targeting of

vulnerable groups, ascertaining actual costs of resettlement, and preparing and implementing a

resettlement plan.

Census: The purpose of the census is to register and document the status of potentially affected

persons within the subproject's direct impact zone. The census will cover 100 percent of APs.

The census will provide a demographic overview of the population, and will cover people's

assets and main sources of livelihood. The survey of the direct impact zone will cover the

following: (i) boundaries of the site identified for the proposed subproject elements in case of

subprojects involving new interventions, (ii) proposed right-of-way (RoW) boundaries which

will include titleholders and non-titleholders occupying the proposed RoW, (iii) current

occupants of the subproject site including businesses, vendors, whether titleholders or otherwise

and experience temporary disruptions during construction, and (iv) losses of PAPs.

Surveys for RAP and VCDP/IPDP

Census The census (also known as a detailed measurement survey – DMS) of lost

assets will collect data on the affected assets from 100% of APs following

detailed engineering design. The data collected during the census will

constitute the formal basis for determining PAP entitlements and levels of

compensation. For each AP, the scope of the data will include:

Total and affected areas of land, by type of land assets;

Total and affected areas of structures, by type of structure (main or

secondary);

Legal status of affected land and structure assets, and duration of

tenure and ownership;

Quantity and types of affected crops and trees;

Quantity of other losses, e.g. business or other income, jobs or

other productive assets, estimated daily net income from informal

shops;

Quantity/area of affected common property, community or public

assets, by type;

Summary data on PAP households, by ethnicity, gender of head of

household, household size, primary and secondary source of

household income viz-a-viz whether household is headed by

women, or consists of marginalized ethnic groups (Dalits, Freed

Kamaiya), Muslims/religious minorities, elderly, disabled,

indigenous people (highly marginalized, marginalized, and,

disadvantaged IPs), below poverty line of NRs 3000/month),

landless or households losing 50% of total landholdings

(particularly those totally dependent on agriculture for livelihood),

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as well as remote villages.

Identify whether affected land or source of income is primary

source of income; and

AP knowledge of the subproject and preferences for compensation

and as required, relocation sites and rehabilitation measures.

Socioeconomic

Survey

At a minimum, the Socioeconomic Survey (SES) will collect information

from a sample of 10% of Project Affected People (PAP) disaggregated by

gender and ethnicity. The purpose of the socioeconomic survey is to provide

baseline data on PAPs to assess resettlement impacts, and to be sure that

proposed entitlements are appropriate, and to be used for resettlement

monitoring. The scope of data to be collected includes:

Household head: name, sex, age, livelihood or occupation, income,

education and ethnicity;

Household members: number, livelihood or occupation, school age

children and school attendance, and literacy, disaggregated by gender;

Living conditions: access to water, sanitation and energy for cooking

and lighting; ownership of durable goods; and

Access to basic services and facilities

Replacement

Cost Survey

The replacement cost survey (RCS) will be done in parallel with DMS and

SES activities by collecting information from both secondary and primary

sources (direct interviews with people in the affected area, material suppliers,

house contractors), and from both those affected and those not affected. The

government rates will be adjusted, as necessary, based on the findings of a

Land Acquisition Cost Fiction Committee (LACFC). Compensation rates will

be continuously updated to ensure that PAPs receive compensation at

replacement cost at the time of compensation payment.

Sample Questionnaires for Household Survey/Census

Municipality: Ward No. : Tole/settlement:

Date of Interview: Name of Interviewee:

Name of Interviewer: Date of Interview:

1. Background Information

Name of Household Head: Age: Sex:

Caste/Ethnicity: Mother tongue: Religion:

2. Personal Information

2.1 How long have you been living in this village?

If a migrant, number of years in the village

2.2 Does the family live here all year long?

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If not, how long: ____ months of the year

Where do you live for the remaining months? (District, VDC, Village)

2.3 Please provide the following information for each of your household members (Start from

household head) SN Name Relation

with HH

head

Age Marital

status

Sex Resident

status

education Skill/training Main

occupation

Secondary

Occupation

1 2

1

2

3

4

5

6

2.4 Do any of your family members work on a salary/wage (including self‐employed) basis?

If yes, please provide the following information: Name Sex Sources of income Average Monthly

Income ( NRs)

Place of Work

2.5 Decision making in the household:

Generally who makes the decisions on the following household activities?

SN Activities Person Code from answers of Question No. 2.3

1 Agriculture works

2 Education

3 Household shopping

4 Child Care

5 Community Development Work

6 Income‐ generating Activities

7 Health and Sanitation

8 Give and take of money, land etc

9 Communities such as feast and

festivals

2.6 Who in the household normally undertakes the following activities?

SN Activities Men Women Both Men & women

1 Ploughing

2 Weeding

3 Harvesting

4 Collection of fuel wood

5 Collection of water

6 Cooking of food

7 Building/maintenance of homestead structures

8 Others

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3. Livestock

3.1 Does the household keep livestock?

If yes, indicate the total number of animals by type: SN Types of

animals

No.

Owned

Milk/Egg production (period – last

12 months?)

Animals sold (period – last 12

months?

Total

income

from

animal

husbandry

Amount

(number of

eggs or

litres of

milk) sold?

Price per

unit

(NRs)

Total

amount

sold

(NRs)

Numbers

sold Price

Per

unit

(NRs)

Total

Amount

Sold

(NRs)

1 Cattle a Cow b Milking cow c Bull 2 Buffalo a Buffalo b Milking

Buffalo

c Male Buffalo 3 Sheep/goats 4 Pigs 5 Hen/ducks 6 Other( specify)

3.2 Where do animals graze?

Area Location If other areas,

distance

(in hours)

How many

months of year In/ around

Village Other areas

1. Private Land

2. Common Grazing

Land

3. Forest Land

3.3 Where do you collect fodder (private land, common grazing area, forest area?)

4. Landholding and Agriculture

4.1 Do any members of this household own land within the project area?

If yes, what is the household‘s total landholding?

Khet:

Bari:

Kharbari:

Obtain the following information for each of the household‘s land parcels: Municipality

/VDC

Ward

No

Kitta

No.

Types

of

land

Name

of

owner

Total Area

(ropani/katha

Quality

of land

Crops Cultivated by Project

area

R/K A/D P/ own Tenant

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4.2 Do any members of the household own land outside the project area?

If yes, please provide the following information: Name of the

members

Relation

with HH

Head

Kitta

No.

Types

of

land

Total Area

(ropani/katha

Quality

of land

Crops Location

R/K A/D P/

District

VDC/Muni.

District

VDC/Muni.

District

VDC/Muni.

4.3 Do any members of this household lease land from other persons?

If yes, please provide the following information: Name of the

members

Relation

with HH

Head

Kitta

No.

Types

of

land

Total Area

(ropani/katha

Quality

of land

Crops Location

R/K A/D P/

District

VDC/Muni.

District

VDC/Muni.

District

VDC/Muni.

4.4 Do any members of this household rent out land to other people?

If yes please provide the following information: Name of the

members

Relation

with HH

Head

Kitta

No.

Types

of

land

Total Area

(ropani/katha

Quality

of land

Crops Location

R/K A/D P/

District

VDC/Muni.

District

VDC/Muni.

District

VDC/Muni.

4.5 Did you sell any of your land in the last 3 years?

If yes, how much land have you sold? (Area and rate)

4.6 What are the cereal crops and cash crops grown in your cultivated land last year? Crops Season Area under

Cultivation (R/K)

Annual Production Quantity Sold Selling rate

Rs/unit

Summer Winter Khet Bari Unit Quantity Unit Quantity

Food Crops 1. Paddy 2. Maize 3. Wheat 4. Millet 5. Pulse 6. Buckwheat 7. others

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Cash Crops 1. Potato 2. Oilseeds 3. sugarcane 4. Others

Vegetables 1. Winter 2. Summer Fruits 1. Orange 2. Mango 3. Other

Specify

Thatch

Grass

Straw/hay

4.7 Is your annual production sufficient to feed for your family for one year?

If not, for how many months per year is it sufficient?

5. Tree Ownership

5.1.1 Do any members of this household own trees/shrubs within the project area ? If yes, please

provide the information about tree, shrubs on your land (own or rented in)

Type Name Average Total Annual

Production

Rate Rate

Rs/unit

Age Number Unit Quantity Unit Quantity

Fodder

Other

6. Business/ Cottage Industries

6.1 Do any members in the household own any business or cottage industry?

If yes please provide the following details.

Type Kind Average Monthly

Revenue Cost of materials

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7. Income and Expenditure

7.1 Income

Please provide the following information on your household‘s income over the past year:

SN Particulars Annual Income (NRs) Remarks

1 Agriculture

Food crops

Cash crops

Vegetables

Fruits

Others

2 Animal Husbandry

3 Other Sources

Service

Daily wage/pottering

Pension

Business

Cottage industries

House rent

Income from land

Fishing/herb collection

Remittance

Interests/ share

Others

Total

7.2 Expenses

Please provide the following information on your household‘s expenses over the past year:

SN Particulars Unit Amount Price NRs Total NRs

1. Rice

2. Dal

3. Maize

4. Vegetables

5. Milk/curd

6. Meat/fish

7. Oil/Ghee

8. Spices

9. Salt

10. Sugar

11. Tea

12. Firewood

13. Electricity

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14. Kerosene

15. Medicine last year

16. Education last year

17. Clothing last year

18. Celebration last years

19. Others

Total

7.3 Do you have any kind of outstanding loan?

If yes, please provide the following information:

Purpose/ Type

of loan

Amount in Rs. Date of loan Interest rate

yearly

Source of loan

8 Buildings

8.1 What is your occupancy status of the house you are living in (own, rental, provided free of

charge by landlord/employer, provided free of charge by family/relative, squatting, other)?

8.2 Do you have own buildings in the project area?

If no, who owns the buildings on this land?

Owners Name Contact Address Location of Building in the

project areas

If yes, Please provide the following information

Use of

Building

Types of Building Total

Number

No. of story No. of Rooms Year

built

1 2 3 4 1 2 3 4 1 2 3 4

House

Business

Kitchen

Cattle

shed

8.3 Apart from the above mentioned do you own other buildings outside the project area?

If yes, please mention the type and location

Use Type Location

District VDC/Municipality

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9. Energy Use Patterns

9.1 For cooking purposes what types and quantity of fuels you used last year?

SN Fuel type Quantity Unit Cost Total Cost

1. kerosene

2. Fuel wood

3. bio gas

4. LPG

5. Electricity

6. Others

9.2 For Lighting purposes what types and quantity of fuels you used last year?

SN Fuel type Quantity Unit Cost Total Cost

1. kerosene

2. Fuel wood

3. bio gas

4. LPG

5. Electricity

6. Others

9.3 If Firewood is used, where do you collect?

Sources of

firewood

Area 1 Area 2

Distance ( minutes) Load Distance ( minutes) Load

10. What sources of water does your household use?

Source Purpose Distance from House

1. Pipe water Drinking/cooking Bathing Washing

2. well

3. Pond

4. Cannel

5. Spring collected

water

6. River

7. Other

10.1 What is the availability/sufficiency of drinking water in your house?.

10.2 Who collects the drinking water (women, men, both)?

10.3 Do you purify drinking water? If yes, how?

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10.4 Where does your family dispose of garbage?

10.5 What toilet facility does the household have on site?

10.6 Are the health services sufficient in your locality?

11. Perception towards the project

11.1 What are your views on the proposed project (positive, negative, neutral, don‘t know/too

early to say)?

11.2 Should the project precede the principle on which UGDP would want to base the

resettlement of affected household is to assist them in finding suitable replacement of the

―impacts‖ to help them to reestablish themselves successfully? Would you be satisfied with this

compensation proposal (yes, no)?

If no, please provide reasons.

11.3 Which of the following compensation options would be suitable to you?

Land for land and house for house

Land for land and cash for house

Cash payment for all losses

Other (specify)

11.4 If you prefer cash compensation, please specify the reason.

a) To purchase land

b) To build house

c) To pay debt

d) To start business

e) Other specify

11.5 What kind of resettlement support do you expect in case your residential house and major

portion of land is affected by the project construction works?

f) Resettle by self in the nearby locality

g) Resettle as community if the project offers this option in the nearby locality

h) Resettle as individual outside the locality

i) Resettle as community if the project offers this option in the outside project locality

j)

11.6 If the project affects your livelihood and property what kind of rehabilitation opportunities/

benefits do you expect from the project?

Employment

Skill Training

Soft Loan

Others (specify)

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11.7 Please tell us whether you agree or disagree with the following statements about the project.

Q Statement A D DK

a. I support the project because it will lead to the development of the area.

b The project will have a negative effect on my standard of living

c As long as fair compensation is paid for my affected assets, I will

support the project.

d The project will provide opportunities for me to sell my

crops/vegetables

e The project will provide me the opportunity to start a small business

f We‘ll be able to improve our livelihoods by earning money on

construction jobs.

12. Observatory Notes and Comments on the data provided by the respondents by the

Enumerator

Thank you!

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Annex 6 Guidelines for Preparation of a Resettlement Action Plan (RAP)

A. Introduction

1. Give a brief introduction to the sub-project and its components

2. Describe the components causing land acquisition/alienation and resettlement

3. Provide an overall picture on the estimates of land acquisition and R&R

B. Measures to Minimize Resettlement

1. Describe the efforts made, results achieved and mechanisms in place to minimize

displacement/loss of livelihood/income

C. Census and Socioeconomic Surveys/Enumeration

1. Describe the process of conducting the census/socio-economic survey/enumeration

2. Discuss and analyze the results of the census/socio-economic survey/enumeration

3. Identify all categories of impacts and the extent of impact on each affected

D. Consultation and Involvement of PAPs

1. Describe various stakeholders involved in the sub-project

2. Dovetail qualitative inputs from consultations, on quantitative survey information

3. Describe how consultations would be continued across all stages of the subproject

4. Describe how the information on the sub-project will be disseminated to PAPs

E. Entitlement Framework

1. Provide clear definitions to the key terms like PAF, PAP etc., as specified in the SMF

2. Describe R&R entitlements for each category of impact and methods of valuation used

for land, structures and other assets under the sub-project

3. Provide the full matrix of the Entitlements as in the SMF

F. Relocation, if required

1. Assess the need for a relocation site along with the details of facilities to be provided

like free housing, water, electricity, roads, sewerage and sanitation etc.

2. In case, the PAPs are to construct houses, provide details of compensation/provision

for coverage under government housing scheme etc., to help them construct houses.

3. Specify the involvement and role of the PAPs in selecting the resettlement site and also

list the proposed sites selected along with number of affected families to be relocated.

4. Describe respective mechanisms for (i) procuring/acquiring/alienating (ii) developing

and (iii) allotting resettlement sites

G. Income Restoration

1. List income restoration measures for rehabilitating PAPs as per the provisions in SMF

2. Briefly spell out the restoration strategies for each category of PAPs, and describe

institutional, financial and technical arrangements/aspects involved

3. Describe the consultation process in finalizing strategies for income restoration

4. If income restoration involves change in economic activities of PAPs, specify what

capacity building measures would be undertaken, access institutional funds/ credits/

markets and preparation and implementation strategy.

5. Describe steps to be taken to reduce any impoverishment risks the PAPs may face.

6. Describe the process to monitor effective implementation of income restoration

H. Institutional Arrangements

1. Describe institutions & officers responsible for coordinating and implementing:

(a) Delivery of entitlements (b) R&R program coordination and (c) RAP implementation

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2. Describe the external (non-Project) institutions/departments involved in the process of

resettlement and restoration of income such as land development, land allocation, credit,

training for capacity building mechanisms etc., as the case may be.

3. Discuss institutional capacity, understanding on R&R & areas for improvement

I. Monitoring and Evaluation

1. Describe overall internal monitoring process for the sub-project

2. Define key monitoring indicators for R&R and participation and provide a list of these

indicators to be used for internal monitoring

3. Describe frequency of reporting and contents of reports

4. Describe the process for integrating feedback from internal monitoring into

implementation

5. Describe financial arrangements for external monitoring including process for

awarding and maintenance of contracts for the entire duration of R&R

6. Describe the methodology for external monitoring

7. Describe frequency of external reporting and its contents

J. Redressal of Grievances

1. Describe the structure and process of Grievances Redressal Mechanisms (GRM) at

sub-project level including a step-by-step process for registering and addressing

grievances, consultations, response time etc.,

2. Describe the mechanism for appeal for PAPs to approach courts if GRMs fail.

K. Implementation Schedule

1. List the chronological steps in implementation of RAP including identification of

agencies responsible for each activity along with a brief explanation of each activity

2. A month-wise implementation schedule of activities to be taken as part of RAP

3. Description of the linkage between R&R implementation and initiation of civil works

for each of the sub-project component

L. Costs and Budgets

1. Clear statement of financial responsibility and authority

2. Indicate that costs of R&R are included in the overall sub-project costs

3. Provide a cost-wise, item-wise budget estimate for entire R&R costs including

administrative, monitoring and evaluation expenses incurred for R&R implementation

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Annex 7 Sample Vulnerable Community Development Plan

The Vulnerable Community Development Plan (VCDP) is designed to ensure that vulnerable

groups affected by any sub projects are regarded as special interest groups, and that impacts on

their livelihoods are minimized and addressed in a sensitive manner. Vulnerable groups will

receive special targeted support and assistance under the project because they would be unevenly

impacted by developmental interventions. The VCDP proposed here will adopt strategies geared

towards inclusion, greater participation and involvement of vulnerable communities in the social

development programs, capacity building along with specific measures either through direct

project funds or from other sources. To achieve this, the VCDP mainly focuses on the

enhancement measure for restoration and diversification of their livelihoods.

Defining Vulnerable Communities

In Nepal, there are several factors that could determine a group's vulnerability. Even though

gender, caste and ethnicity have been officially acknowledged as primary factors that determine

a group's backwardness; other factors such as region, economic status and patronage network

play an equally important role. Thus, terminologies such as vulnerable groups are fluid in nature

and can differ in meaning depending on the factors they represent. Nevertheless, policies and

literature on development including the Tenth National Plan (2002–2007) have identified three

major groups as more vulnerable than others in the context of Nepal—women, Dalits and

Adivasi/Janajati. Therefore, the above three groups are disadvantaged in terms of (i) access to

livelihood, assets and services; (ii) social inclusion and empowerment; (iii) legal inclusion and

representation in Government; and (iv) economic marginalization.

Vulnerable Communities in the Project Area

Vulnerability refers to two socio-economic dynamics in the context of resettlement planning. At

a general level, it refers to the insecurity experienced by all project-affected persons because of

impacts such as the loss of private and communal property and severed/constrained access to

social services. At a more specific level, it refers to those persons who, because of their socio-

economic position, are especially vulnerable to project-induced impacts. Thus, in the context of

the UGDP vulnerable groups refers to households and communities who may have faced

considerable difficulties (either due to project induced effects or in general terms) in

participating in the livelihood restoration process and benefit sharing of the project due to serious

lacks of required skills, resources, experience and organization.

Stakeholders‘ consultations and household survey during the Social Assessment Study will

identify the presence of vulnerable groups in project areas, impacts on these groups and types of

skill training/income generating activities they viewed of having most value in providing

economic and social uplift.

However, vulnerability is not a given or static condition and households may become more, or

less, vulnerable to project activities as their development cycles and socio-economic

circumstances change. The project will, therefore, adopt an approach that acknowledges this

dynamic quality of vulnerability, and the identification, assessment and monitoring of vulnerable

households and groups will be an ongoing activity, carried out in conjunction with the project‘s

community participation structure, throughout the social development/resettlement program.

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Relevant Policies on Indigenous Peoples (IPs) and other Vulnerable Communities

Nepal does not have a standalone policy on Indigenous Peoples, however in the Tenth Plan

significant emphasis has been placed on delivering basic services to the disadvantaged and

indigenous people, Dalits, women, disabled and other vulnerable groups including the Adhibasi /

Janajati. One of the main thrusts of the Tenth Plan is the implementation of targeted programs

for the uplift, employment and basic security of Dalits, indigenous people and disabled peoples.

The policy provision also outlines that the government should pilot strong and separate package

of program of basic security for vulnerable sections of society. The Three Year Interim Plan

(TYIP) (2007-2010) includes the following policies for inclusive development of

adivasi/janajatis and other vulnerable groups:

Creating an environment for social inclusion;

Participation of disadvantaged groups in policy and decision making;

Developing special programs for disadvantaged groups;

Positive discrimination or reservation in education, employment, etc.;

Protection of their culture, language, and knowledge;

Proportional representation in development; and

Making the country‘s entire economic framework socially inclusive.

NFIN Act 2002, National Human Rights Action Plan 2005, Environmental Act 1997, and Forest

Act 1993 have emphasized protection and promotion of vulnerable groups in general, indigenous

peoples‘ knowledge, and cultural heritage in particular. In 1999, the Local Self-Governance Act

was amended to give more power to the local political bodies, including authority to promote,

preserve, and protect the IP's language, religion, culture, and their welfare.

World Bank policy on indigenous people emphasized to design and implement projects in a way

that fosters full respect for indigenous peoples‘ dignity, human rights, and cultural uniqueness

and so that they

receive culturally compatible social and economic benefits, and

do not suffer adverse effects during the development process.

Generic Measures for Enhancement of Vulnerable Group

Agriculture Support Program

Since all the participating municipalities have considerable proportion of population involved in

agriculture, there are extreme possibilities of commercial promotion of normal and off season

fresh vegetables due to prevalence of vegetable based suitable ecological niches across diverse

agro-ecological zones, suitable topography and market demands in the UGDP: NETP project

area. Such demand will be automatically increased when UGDP starts construction activities. In

this background, the commercial promotion and marketing of normal and mostly off season fresh

vegetables could be the best options in improving the food security and livelihoods for the

vulnerable communities in the project area.

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Similarly, commercial promotion of comparative advantageous small sized livestock animals

like goats and pigs (swine) could be the best options in improving the living conditions of

vulnerable people. Particularly there is great scope of pig farming and quality meat production

in the participating municipalities. Hence the vulnerable communities can take advantages by the

adoption of commercial production and marketing of improved breeds of pigs and goats for

enhancing their living conditions.

Skills Training Related to Construction Works

Additional to the above programs, specific training programs will be conducted in construction

related skills such as electrical wiring, plumbing, automobile maintenance, masonry and welding

to enhance the employment opportunities of affected people on construction works of UGDP.

The landless or marginal landholders, poor ethnic groups and Dalits families residing in the

participating municipalities will be identity and record them for preferential employment,

wherever possible, on project construction. A general skills training program will be conducted

for these households to maximize their potential for employment on the project.

Preferential Employment Strategy

A Preferential Employment Policy and Strategy will be developed to achieve the objective of

optimizing employment for project-affected and local people on project construction activities.

The following measures will be implemented:

The Policy will contain procedures and mechanisms to enhance the employment of project

affected households, local people and other vulnerable groups in unskilled job categories. It will

specify (a) recruitment eligibility (people from project-affected settlements, followed by other

local residents and Nepalese citizens), (b) age requirements (the minimum age requirement in the

public sector should be applied to avoid child labor), and (c) recruitment and selection

procedures to be followed by the contractor and subcontractors.

Preferential employment guidelines will be incorporated into tender and contractor documents.

Contractors will be required to follow these guidelines, and all proposals will need to indicate

proposed steps to implement a preferential employment policy, including on-the-job training.

Respective Municipal PMT will assist with (a) the establishment of a database of job seekers

from the project-affected households, and (b) the development of job advertising and recruitment

procedures.

To further ensure transparency of recruitment and selection procedures, consideration will be

given to the establishment of an Employment Task Group, consisting of respective Municipal

PMT officials and representatives from the contractor, affected communities (including

vulnerable groups) and other stakeholders. The Task Group will coordinate, review and monitor

all matters relating to the implementation of the Preferential Employment Policy.

To the extent possible, contractors under UGDP will employ and promote the employment of

local job seekers with appropriate educational qualifications in the semi-skilled category. Where

local people are employed in these job categories, it will be accompanied by on-the-job training

and skills transfer.

Nepali Information Sheets will be distributed to project-affected and surrounding settlements

well and will be announced from local FMs in local languages, as far as possible, in advance of

the commencement of construction activities. These Sheets will set out (a) the number of

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construction jobs available to the local population, (b) the job advertising, recruitment and

selection procedures that will be followed and (c) the time frame for the recruitment of job

seekers over the course of the construction period. By means of the community consultation

structures and the distribution of job advertising sheets, local residents will be informed in

advance of job opportunities and recruiting dates.

Capacity Building Programs

Carefully designed activities will be provided to address the capacity enhancement needs of

vulnerable community. More often than not indigenous people including other vulnerable groups

cannot endure the competition with their dominant culture groups who are better organized and

have privileged education, skills etc. The vulnerable community or their institutions, owing to

lower or mediocre level of educational achievement fare poorly in their capacity. Thus,

vulnerable community will need increased capacity with the necessary knowledge and skills to

participate in the local development activities.

A local NGO along with government service providers will be involved in mobilizing the

vulnerable community for group formation and strengthening. Likewise qualified members of

local ethnic groups, including women will be engaged by the respective Municipal to undertake

information dissemination works, preparing the beneficiary groups for project activities and

contributory works. The project will identify the leadership of indigenous people / ethnic groups

in the project area conduct a series of interaction meetings and will encourage their

representation in social development related activities.

Specific Measures for Vulnerable Community Development

Livelihood Restoration of Fishing Community in Lekhanath

Fishing is an important livelihood earning activity of vulnerable households, and measures will

be implemented to ensure that this impact is properly addressed. Mitigation measures will focus

on replacing the economic and dietary role of fish in the community. Mitigation measures will be

developed in consultation with affected communities once these roles are understood more

thoroughly. Nutrition programs, such as the role of alternative nutrition sources, including

vegetables, chicken and eggs, and related production improvement, will be considered.

Loan Assistance Program

Consideration will also be given to the establishment of a small loan assistance program,

particularly for vulnerable women headed and Dalit households. To provide loans for small

income generating projects, an agreed amount of money will be allocated to a revolving fund. To

facilitate the distribution of loans, co-ordination will be established with the local credit groups,

cooperatives or field offices of the Agricultural Development Bank.

Women Focused Programs

Development policies and practices should be mindful of the heterogeneity among women and

their varying issues and needs. Thus, programs designed for women should assess the socio-

economic background of women based on income, marital status, caste, ethnicity, culture and

geographical location. For instance, Adivasi/Janajati women may prioritize security of traditional

rights and use of land, while Dalit women may prioritize income security and social inclusion.

Similarly, widows and abandoned women are more prone to social violence compared to married

women.

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Since women headed households usually undergo additional responsibility of providing

economic means and rearing family members, women's upliftment programs will be

implemented, esp. on micro-credit, village banking & savings, & small business operation.

Besides the following measures need to be undertaken to ensure that women's livelihoods are

restored or even improved compared to what existed before project implementation

increase women‘s participation in social development program design and

implementation;

social awareness campaigns and training opportunities will be organized to increase

women‘s integration into social and economic mainstream;

women‘s organizations, both community based and NGOs will be strengthened.

IP and Dalit Focused Program

While the project will have some adverse impact on these groups, it has been assessed that they

will also experience some positive impacts due to various development interventions like

improved road access and tourism infrastructure development which come along the

implementation of UGDP: NETP. Thus, some specific programs will be prepared to minimize

adverse impacts while maximizing project benefits to IPs and Dalits. This includes:

mandatory employment of at least one member from each affected IP and Dalit

household in project construction and maintenance work; and

at least one member from each of the affected IP and Dalit households to participate in

livelihood empowerment activities, including skills training for income generation,

traditional skills development and linkages with the modern market, awareness training in

health, sanitation, gender and other life-skills improvement activities.

it also includes supplementary infrastructure facilities in the poor IP and Dalit settlements

including latrine construction and drinking water facilities. Preference will be given to

qualified IP and Dalit individual in recruitment of community facilitators, who will

maintain frontline contact with the community in implementing VCDP activities.

Strategy for Vulnerable People's Participation

The overall development of any target beneficiaries cannot be achieved without their active

participation. Some inclusive measures will be adopted to maximize project benefits and

opportunities to indigenous/ethnic groups and other vulnerable communities along through

mainstreaming and targeted approaches. Mainstreaming approach includes increased

participation and proportionate representation of IPs and vulnerable communities in various user

groups and committees under the project promoted and sponsored social development activities

so that their needs, priorities, interests and perspectives are reflected in project planning and

implementation. Targeted approach will cater poor and disadvantaged IPs and vulnerable

communities through livelihood enhancement skills training activities to enable them to take full

advantage of project opportunities and benefits, including employment opportunities. Livelihood

enhancement skills training will be targeted to these groups on the basis of their specific needs

and priorities, including promotion and upgrading of traditional skills for modern market

requirements. Additional health and hygiene training programs will be provided in drinking

water and sanitation program targeting IP groups and other disadvantaged community members.

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Annex 8 List of Participants in the Central Level Stakeholder Consultations

Venue: Premises of Municipal Management Division, MLD

Date: 4th January 2011

Time: 11-2

Participants:

1. Mr. Reshmi Raj Pandey, Joint Secretary, Ministry of Local Development

2. Mr. Govinda Bahadur Karki, Under Secretary, Ministry of Local Development

3. Mr. Binod Prakash Singh, Under Secretary, Ministry of Local Development

4. Mr. Rishi Raj Acharya, Section Officer, Ministry of Local Development

________________________________________________________________________

Venue: Premises of DUDBC

Date: 9th

January 2011

Time: 11-2

Participants:

1. Dr. Mahendra Subba, Deputy Director General, DUDBC

2. Mr. Kiran Giri, Economist, DUDBC

3. Mr. Prakash Raghubanshi, Project Preparation Team Leader and Sr. Planner, DUDBC

________________________________________________________________________

Venue: Premises of TDF

Date: 3rd

January 2011

Time: 14-16 PM

Participants:

1. Mr. Sushil Gyawali, Executive Director, Town Development Fund

2. Mr. Binod Neupane, Deputy Manager, Town Development Fund

3. Mr. Rajendra Shrestha, Engineer, Town Development Fund

4. Mr. Subas Raj Panta, Socio-economist, Town Development Fund

____________________________________________________________________________

Location: DUDBC Hall (De-Briefing Eastern Region) Date: February 1

S.N Full Name Gender

Post or

Occupation

Office/Related

Organization

Address Contact

Number

1. Rajendra Das

Shrestha

M Engineer TDF Baneshwor 9851094031

2. Subash Raj Panta M Social

Economist

TDF Baneshwor 9841253575

3. Binod Neupane M Manager TDF Baneshwor 9851042727

4. Mahesh Mangal

Joshi

M UEE TDF Baneshwor 9851060620

5. Dina Raj Ghimire M Env. Specialist WB Durbar marg 9841307302

6. Gobinda Bd.

Karki

M Under Secretary MOLD 9841290922

7. Nilam Kumar

Dangol

M Engineer DUDBC Babar Mahal 9841251202

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Annex 9 List of Participants in the Municipal Level Stakeholder Consultations

Venue: Dhankuta Municipality, Date: 29 January, 2011

SN Full Name Gender

Post or Occupation Office/Affiliated

Organization

Address Contact

Number

1. Dham lal Rai M RPP Nepal Chairperson Aaribais 9742066197

2. Yagya Bd. Karki M Rastriya Jana

Morcha

Rastriya Jana

Morcha

Dhankuta

Municipality 2

9842111186

3. Hari Bhakta Rai M Rastriya Jana

Morcha

Chairperson Dhankuta

Municipality 7

9842071249

4. Tika Prasad

Ghimire

M RPP Nepal Chairperson Dhankuta

Municipality 7

9842109605

5. Dr. Bidur Pr.

Gautam

M Animal Specialist District Animal

Service office

Dhankuta

Municipality 7

9842388144

6. Jagat Limbu M UCPN(Maoist) Party member Dhankuta

Municipality 5

9842062316

7. Yerakh Bd.

Limbu

M Rastriya Jana

Morcha

Rastriya Jana

Morcha

Dhankuta

Municipality 5

9814989496

8. Faud chongwang M Vice Chairman Dhankuta

Municipality 7

9814382803

9. Dhojraj Bastola M Coordinator Tole

Development

Committee

Dhankuta

Municipality

9842256155

10. Bogendra Thapa M Secretary Jana Chetana

yuva Club

Dhankuta

Municipality 1

9842062449

11. Amrit Bd. Rai M Road Chairperson Triveni Ghat Dhankuta

Municipality 8

9848022164

12. Ramananda

Bhattarai

M Land Reform

Committee

Chairperson

Land Reform

Committee

Office

Kalaiya

Municipality

9,Bara

9849182496

13. Kul Pd. Rai M Chairperson Dhankuta 7 9842048296

14. Gaurav Karki M Secretary Hile Drinking

water Scheme

Dhankuta 1 9842110346

15. Yogendra Pd.

Yadav

M Project Officer District

Agriculture

Development

Dhankuta

Dhankuta 9844036577

16. Nira Chapagain F Women & Child

Welfare Officer

Womens & Child

Welfare Office

Dhankuta 026520156

17. Santa Shrestha F Treasury Drinking Water

Consumer

Organisation

Dhankuta 026520522

18. Rajesh Silpakar M Technician Regional

Hospital &

Service Office

Dhankuta 9841458279

19. Raju Neupane M Architect Urban

Development

Committee

Dhankuta 9841543015

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135

20. Dhron Pd.

Guragain

M Social Service Red cross Dhankuta 9842042173

21 Narayan Joshi M Chair person Salv-Nepal Dhankuta 6 9842026131

22. Birash Pradhan M Treasury NC Dhankuta 9841061965

23. Parvati Rai F Social Service Nepal Jana Jati

Federation of

Association

Dhankuta 9842159798

24. Ishwor Rogu M Subordinate Officer Dhankuta

municipality

Office

Dhankuta 9842038093

25. Bhuvan Singh

Rai

M Subordinate Officer Dhankuta

municipality

Office

Dhankuta 9842109051

26. Layen Rai M Dhankuta

municipality

Office

Dhankuta 7

27. Rajesh Kumar

Shrestha

M Dhankuta

municipality

Office

Dhankuta 9842062861

28. Tej Bd Thapa M Waste and

Environment

management

Dhankuta

municipality

Office

Dhankuta 9842091853

29. Nush Raj

Shrestha

M Managing Director Dhankuta

municipality

Office

Dhankuta 9842062969

30. Krishna Pd.

Bhandari

M VDC Secretary Dhankuta

municipality

Office

Dhankuta 9842089411

31. Aadap Hariya M Chairperson Kirat Aadap

Hariya

Dhankuta 9842110715

32. Deepak Rai M District Motivator District

Development

Committee

Dhankuta

Dhankuta

Municipality

9742066163

33. Milan Kumar

Khadki

M Chairperson Of

Meat Business

Meat Business

Organization

Dhankuta

Dhankuta

Municipality

9842040521

34. Raju Guragai M Subordinate Officer Dhankuta

Municipality

Office

Dhankuta

Municipality 3

9842062741

35. Neelam Bajaj M Head of Project

Planning

Department

Dhankuta

Municipality

Office

Dhankuta

Municipality 6

9842055123

36. Upendra Khanal M Environment Head

Officer

Dhankuta

Municipality

Office

Dhankuta

Municipality 4

9842060850

37. Khagendra

Ghimire

M Journalist Federation Of

Nepali Journalists

Dhankuta

Municipality 7

9842038774

38. Keshav Shrestha M Employee Dhankuta

Municipality

Dhankuta

Municipality

9842062455

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Office

39. Mahendra Kumar

Khamyagang

M Officer Dhankuta

Municipality

Dhankuta 026-520119

40. Salil Devkota M Environment

Specialist

Consultant Kathmandu

Location: Itahari Municipality Date: 30January, 2011

S.N Full Name Gender

Post or

Occupation

Office/Affiliated

Organization

Address Contact

Number

1. Narayan Bd.

Shrestha

M President Users group of

Nepal

Itahari

Municipality 1

9842024431

2 Arjun Dahal M Engineer Itahari

Municipality

Itahari

Municipality

9852048987

3 Sarva dhoj saba M Ex-Mayor Itahari

Municipality

Itahari

Municipality4

9742014601

4

ShekharChauda

ry

M

Ex- VDC

Chairperson

Itahari

Municipality

Itahari

Municipality 7

9842048111

5 Ganesh Pd.

Dahal

M Officer Itahari

Municipality

9852045222

6 Jagdish Pd. Oli M Chairperson Citizen Society

Itahari

Itahari 1 9852046068

7 Rohit Pd. Prasai M Chairperson Industry &

Commerce

Association

Itahari 1 9852020546

8 Binod Wagle M Chairperson CPN-United Itahari 9842034947

9 Dhana Raj Rai M RPP Itahari 7 9842056484

10. Jeevan Ghimire M Sub Engineer Itahari

Municipality

Itahari

Municipality

9852045424

11. Kailash Timsina M Sub Engineer Itahari

Municipality

Itahari

Municipality

9842020525

12. Chandu

Bhattarai

M Vice Chairperson UML, Itahari

Municipality

Itahari 4 9842020244

13. Madindra Bd.

Katuwal

M Chairperson Hotel Business

Association

Itahari 9852049085

14. Dr. Rabindra

KC

M Medical officer Head of health

Care Centre,

Itahari

Itahari 9808320653

15. Suresh Pd.

Singh

M Sub Engineer NEA Itahari 9842100721

16. ThumNath

Lamsal

M Coordinator Tole

Development

Committee

Itahari 9842097797

17. Tek Bd. Gurung M Business man Itahari 9842232522

18. Chandra

Bd.Gamden

Tamang

M Social Service Itahari 9842178629

19. Arjun Subedi M Employee Itahari

Municipality

Office

Itahari 3 9842035492

20. Daya Ram M Employee Itahari Itahari 1 9842177200

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Subedi Municipality

Office

21. Gayatri Lamsal F Employee Itahari

Municipality

Office

Itahari 1 9852048735

22. Tek Nath

Sapkota

M Employee Itahari

Municipality

Office

Itahari 4 9842003285

23. Anita Guragain F Employee Itahari

Municipality

Office

Itahari 4 9842061169

24. Ghana Shyam

Giri

M Employee Itahari

Municipality

Office

Itahari 4 9842021798

25. Yadav Sapkota M Employee Itahari

Municipality

Office

Itahari 1 9842177254

26. Mahesh Subedi M Employee Itahari

Municipality

office

Itahari 6 9842035491

27. Sunil Guragain M Employee Itahari

Municipality

Office

Itahari 4 9842079409

28. Lakhan Lal

Chaudary

M Employee Itahari

Municipality

Office

Itahari 6 9852046446

29. Kumari Timsina F Employee Itahari

Municipality

Office

Itahari 5 9842080111

30. Chandra Devi

Chaulagain

F Employee Itahari

Municipaliy

office

Itahari 8 9842185988

31. Proshyan

Pokharel

M Employee Itahari

Municipaliy

office

Itahari 1 9842037413

Location: Mechinagar Municipality (Municipal Staff) Date: 27 January, 2011

S.N Full Name Gender

Post or

Occupation

Office/Affiliated

Organization

Address Contact

Number

1 Bhawanath

Khatiwada

M Executive

Officer

Mechinagar Chandragadi 9852678801

2. Ananta Prakash

Wasti

M Administrative

Chief

Mechinagar Jorapani 8 9852672758

3. Rajan Kumar

Bhetwal

M Account Officer Mechinagar Mechinagar 10 9852677660

4. Kamal Prasad

koirala

M Engineer Mechinagar Mechinagar6 9852672684

5. Dipendra Karki M Food Officer Mechinagar Mechinagar 6 9852677674

6. Indra Bahadur

Thapa

M Engineer Mechinagar

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7. Shambu Poudel M Mechinagar Mechinagar 3 9842719384

8. Gokul Nepal M Junior Engineer Mechinagar Mechinagar 3 9842652105

9. Chakrapadi

Khanal

M Revenue

Inspection

Mechinagar Mechinagar 2 9842624204

10. Adhiklal Mochi M Mechinagar Mechinagar

11. Til Bahadur

Rajbansi

M Supervisior Mechinagar Mechinagar

12. Indra Bahadur

Thapa

M Engineer Mechinagar Mechinagar 1 9852672738

13. Indira Kharel F Mechinagar Mechinagar 9842654994

14. Jayanti Kharel F Social Mobilizer Mechinagar Mechinagar 10 9842641872

15. Ramesh Kumar

Karki

A.Municipal

Facilatation

Mechinagar Sinduli 9841788503

9806037628

Location: Mechinagar Municipality (Local Community) Date 28 January, 2011

S.N Full Name Gender

Post or

Occupation

Office/ Affiliated

Organization

Address Contact

Number

1. Amin Rajbansi M President Nepal Sadbhawana

Party

Mechinagar

Municipality 13

9806016330

2. Madav Rajbansi M Co-Secretary Nepal Sadbhawana

Party

Mechinagar

Municipality 12

9806086993

3. Raju Maharjan M Member Mechinagar

Municipality

Committee

Mechinagar

Municipality 10

9852672762

4. Keshav Raj

Pandey

M Chairperson Mechi Industry &

Commerce

Association

Mechinagar 9852671137

5. Deepak

Pd.Pokharel

M Managing

Director

Kakarbitta

Drinking water

Mechinagar

Municipality 10

9842629941

6. Laxmi Pd. Upreti M Chairperson UML Mechinagar

Committee

Mechinagar

Municipality 10

9852672300

7. Deepak Bhandari M Chairperson UMLMechinagar

Committee

Mechinagar

Municipality 5

9852673226

8. Bandan kumar

Bunda

M Member UML District Mechinagar

Municipality 11

9804913604

9. Prem

Samwangambe

M Municipality

President

Mechinagar

Municipality

Mechinagar

Municipality 5

9852677727

10. Bhawanath

Khatiwada

M Office Officer Mechinagar

Municipality

Chandugadi 8 9852678801

11. Somraj Dhakal M Chairperson Samudayik Vikash

Manch

Mechinagar

Municipality10

9852678187

12. Gopal Basnet M Managing

Secretary

Mechi Industry &

Commerce

Association

Mechinagar

Municipality 1

9842634242

13. Januka Oli F Secretary Thople viran Forest

Committee

Mechinagar

Municipality 4

98426652493

14. Mira

Kafle(Pokharel)

F Chairperson WAN Nepal Mechinagar

Municipality 5

9842704654

15. Milan Raj Prasai Member UCPN(maoist) Mechinagar 3 9842672355

16. Bindu Gurung F Member UCPN(maoist) Mechinagar 10

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17. Teeje Raut F Chairperson Ghodajeen Tol

vikash Sanstha

Mechinagar

Municipality 8

9842686617

18. Pagal singh M Rastriya Jana

Morcha

Mechinagar

Municipality

9807964961

19. Radha pradhan

Karki

F Chairperson Makhmali Mahila

Bachat tatha rin

sahakari

Mechinagar

Municipality 10

9852672991

20. Sabitri khadka F Chairperson Mahila Vikash

Sahakari

Mechinagar

Municipality 10

9842744681

21. Kamal Prasad

Koirala

M Engineer Mechinagar

Municipality Office

Mechinagar

Municipality

9852672684

22. Indra BD. Thapa M Engineer Mechinagar

Municipality Office

Mechinagar

Municipality

9852672738

23 Dipendra Karki M Food Officer Mechinagar

Municipality

Mechinagar

Municipality

9852677674

24. Mukti poudel M Media Person Mechinagar

Municipality

Mechinagar

Municipality10

9842704127

25. Indra Prasad

Baskota

M Chairperson Chetansil Yuva

Pariwar

Mechinagar

Municipality 1

9804942146

26. Ananta Prakash

Basti

M Officer Mechinagar

Municipality Office

Mechinagar

Municipality 10

9852672758

27. Kishwor Bhandari M RPP Regional

Committee

Secretary

RPP Nepal Mechinagar

Municipality 12

9804922117

28. Govinda oli M RPP President RPP Mechinagar

Municipality 11

9842195183

Location: Lekhnath Municipality Date: 2 February, 2011

S.N Full Name Gender

Post or

Occupation

Office/Affiliated

Organization

Address Contact

Number

1. Rajendra mani

Lamichane

M Social Service

President

CPN-UML LekhNath

Municipality 6

9846028633

2. Tika Ram Pageni M Social Service CPN-UML LekhNath

Municipality 14

9856024922

3. Puspa kamal

Dhungana

M Nagar Secretary UCPN(Maoist) LekhNath

Municipality 12

9846385059

4. Ravi Chandra

Ghimire

M LekhNath

Municipality

Deurali 2 9846096951

5. Prakash Chandra

Pagal

M District Member UCPN(Maoist) LekhNath

Municipality 13

9846062970

6. Hari Prasad Baral M Coordinator Rastriya Jana

Morcha

LekhNath

Municipality3

9846024791

7. GovindaPrasad

Devkota

M LekhNath

Municipality

Aali Kaski 1 9846036350

8. Mitthu Devi

Dhungana

F LekhNath

Municipality

LekhNath

Municipality 4

9846114052

9. Chandra kanta

Poudel

M Accountant LekhNath

Municipality

Office

LekhNath

Municipality 2

9846036321

10. Damber Bd. M Municipality Vice Nepali Congress LekhNath 9846025676

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Thapa President Municipality 5

11. Kopila Rana Bhatt M Chairperson LekhNath

Municipality 5

9846086031

12. Rabindra Adhikari M Staff LekhNath

Municipality

Office

LekhNath

Municipality 11

9846036978

13. Hridya Nath

Khanal

M Staff LekhNath

Municipality

Office

LekhNath

Municipality7

9846054277

14. Ram mani

Adhikari

M Legal Officer LekhNath

Municipality

Office

LekhNath

Municipality 11

9846029105

15. Surya Mohan

Adhikari

M Staff LekhNath

Municipality

Office

LekhNath

Municipality 12

9841279886

Location: Baglung Municipality Date: 3 February, 2011

S.N Full Name Gender

Post or

Occupation

Office/Affiliated

Organization

Address Contact

Number

1. Ram Prasad

Upadhaya

M Principal Daulagiri Multiple

Campus

Baglung

Municipality 2

9847622498

2. Nar Bahadur

Thapa magar

M Secretary CPN-UML Baglung 9756700081

3. Hom Raj Bista M Officer of

Agriculture

Development

Agricultural

Development

Office

Baglung 068-520130

4. Yogendra

Chitrakar

M Engineer Drinking Water

Committee

Baglung 068-520110

5. Harsa Bd.

Gurung

M Engineer District head

Office

Baglung 9857620228

6. Jeev M Public Health

Officer

District Health

Office

Baglung 9847922314

7. Bharat Puri M Chairman Mukti ToleVikash

Samiti

Baglung 9857620086

8. Subash Khadka M Secretary Shanti ToleVikash

Samiti

Baglung

Municipality 3

9847628873

9. Hira Bd. Thapa M Officer CDO Baglung

Municipality 1

957620202

10. Chitra Bd.

Subedi

M Chairpeson Shanti ToleVikash

Samiti

Baglung

Municipality 8

9847629695

11. Shiva Khadka M Chairman Nagh road

Community

welfare

Baglung

Municipality 3

9847668098

12. Manju Chhetri F Member Antar party mahila

samiti

Baglung

Municipality 3

9846700292

13. Laxmi Baskota F Member Antar party mahila

samiti

Baglung

Municipality 3

9847623081

14. Shanti Gywali F Teacher Gender

networking society

Nepal

Baglung

Municipality 2

9847630077

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15. Shashi Kiran

Shrestha

F Chairperson Baglung

Municipality 2

9847638820

16. Pukhya Kumari

Shrestha

F Secretary Tole Vikash

Sanstha

Baglung

Municipality 2

9847629855

17. Dina nath

Sharma

M Chairperson 5421041

18. M Advisior CPN(U) Baglung

Municipality

975600159

19.

Dharma Dutta

Sapkota

M

Chairperson Ganga Tol Sanstha Baglung

Municipality 1

9847628814

20. Shailendra

Kumar Shrestha

M Chairperson RJP Baglung 9847634242

21. Indra Prasad

Poudel

M Sub Forest

Officer

District Forest

Office

Baglung 9845052922

22. Binod Gywali M Land Reform

Officer

District Land

Reform Office

Baglung 9849030319

23. Lila Poudel M Office Secretary Baglung 9857620207

24. Hari Bd. Khadka M Secretary Tansen District

Office

Baglung 9857620014

25. Tika Ram

Sapkota

M Chairperson RPP Baglung 9847624528

26. Krishna Raj

Sharma

M Chairperson RPP(BGL) Baglung 2 9847637426

27. Padam Chandra

Raj Bhandari

M Ex Municipality

Vice President

Baglung

Municipality 3

Baglung

Municipality 3

9841225115

28. Rishi Raj

Sharma

M Ex-Municipality

President

Baglung

Municipality 1

9847622226

29. Niraj Shakya M UCPN(Maoist) UCPN(Maoist) Baglung

Municipality 3

98476215805

30. Dhanapati

Sapkota

M Treasury Mukti Nath tole Baglung

Municipality 10

984765331

31. Trilochan Giri M SI Baglung

Municipaity Police

Station

Baglung 9857620024

32. Tulsi Ram

Sapkota

M Chairperson Sip Shakti tole Baglung

Municipality 10

9847664801

33. Ram Bd. Hayal M Chairperson Kholakhet Tole Baglung

Municipality 5

9847623079

34 Jaya Ram Bhati M Chief Secretary Baglung

Association

Baglung

Municipality 2

9847621197

35. Yam Bd. Gharti

Magar

M CPN-UML Baglung 9847630611

36. Laxmi J.C F Mahila Vikash

Aayog

Women and

Children Baglung

Office

Baglung 9857620392

37. Amar Bd.Thapa M 9857620491

38.

Aatma Ram

Upadhaya

M

Chairperson

Aadarsha Tole

vikash Sanstha

Baglung

Municipality

9847653212

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39 Kaji Gaule

Shrestha

M Legal Expert Public Sociey Baglung

Municipality

9847653212

40. Mohan Bd.

Shrestha

M Treasury Laliguras Tole

Vikash Committee

Baglung

Municipality 9

9847631757

41 Hemanta Khadi M Reporter Dhaulagiri FM Baglung

Municipality

42. Gopal Khadka M Business Man Baglung

Municipality 3

9847669142

43 Sangam Gharti

Magar

M Reporter Sayapatri FM Sikhakhani 1 9846706257

44. Aam Bd. M Chairperson Baglung

Municipality 3

9847727649

45. Hari Narayan

Gautam

M Chairperson Federation of

Nepal Journalists

Baglung 9847628317

46. Mahendra

Acharya

M President Baglung 9857620209

47. Suresh KC M Baglung 9841294229

48. Dipendra

Bd.Bhandari

M Baglung

Municipality

Office

Baglung 9857620023

49. Prakash Raj

Sapkota

M Office Assistant Baglung

Municipality

Office

Baglung 9847621864

50. Teej Prasad

Neure

M Clerk Baglung

Municipality

Office

Baglung 9847620717

51. Hariyan Chanyal M Municipality

Assistant

Motivator

Baglung

Municipality

Office

Baglung 9841700872

Location: Tansen Municipality, Palpa Date: 4 February, 2011

S.N Full Name Gender

Post or

Occupation

Office/Affiliated

Organization

Address Contact

Number

1. Tilak Gaha M Secretary Mass Meeting Palpa 9847118675

2. Narmati Sinjali M Member Rastriya jana

morcha

Palpa 9847078779

3. Shova Shakya M Lecturer Butwal Multiple

Campus/NC

Tansen 9847029348

4. Chokarman

Shakya

M President Community

Committee Tansen

Tansen Palpa 9847029357

5. Rajendra pratap

Shakya

M Member Community

Committee Tansen

Tansen

Municipality

9847029875

6. Bharat Pariyar M Member Community

Committee Tansen

Tansen

Municipality

9847096369

7. Rafi Miya M Member Community

Committee Tansen

Tansen

municipality

9847119186

8. Surendra Man

Shakya

M Subordinate

Officer

Tansen

municipality

Tansen 9847337199

9. Chameli Shrestha F Officer Women

Development

Tansen 9847029224

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Office

10. Madhu Sudan

Gharti

M Subordinate

Officer

Tansen

municipality

Tansen 9847028356

11. Aarlap Kha M Business man Tansen

municipality

9847100462

12. Maan Bd.Nepali M Tansen

municipality 6

Tansen

municipality

9847175797

13. Tharka Bd. Jec M District Forest

Officer

District forest

Development

Office

Tansen 9847306241

14. Kausal Raj

Ghimire

M Officer Tansen

municipality

Tansen

municipality

Office

9847029322

15. Bishnu Prasad

Acharya

M Officer District Forest

Office Palpa

Palpa 6841712054

16. Madan Singh

Rana

M Member Tansen

municipality

9747023625

17. Radha Ghimire F Member CPN-UML Tansen

municipality 12

9847177755

18. Bishnu Maya

Thapa Magar

F Member Rastriya Jana

Mukti Morcha

Tansen

municipality 3

9847118889

19. Ram Prasad

Pokharel

M Member CPN-UML Tansen

municipality 14

9857060007

20. Vishnu Valego M Social Service RPP Tansen

municipality

9847027677

21. Nabin Thapa

Magar

M Chairman CPN(U) Tansen

municipality 11

9847021096

22. Ram Bd. Aryal

Chhetri

M Senior office

Offcer

kathmandu 9851071062

23. Sishir Poudel M Executive

Director

Tansen

municipality

Tansen , Palpa 9857060552

24. Bishnu Poudel M Director Tansen

municipality

Tansen Palpa 9847029373

25. Salil Devkota M Consultant UGDP Kathmandu 9851065103

26. Hari Bhattarai M

27. Mahesh Mangal

Joshi

M

28. Bharat Prasad

Acharya

M Subordinate

Officer

Tansen

municipality

Tansen

municipality

Office

9847028368

Water Supply Related Stakeholders

Location: Tansen Municipality Date: 5 February, 2011

S.N Full Name Gender

Post or

Occupation

Office/Related

Organization

Address Contact

Number

1. Dinesh Gandarba M Chairperson Gandarva Tole

Vikash Sanstha

Tansen

Municipality 3

9847043632

2. Bhimsen karki M Treasury Tansen Drinking

Water &Supply

Committee

Tansen

3. Kausal Raj M Tansen Tansen 9847029322

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Ghimire Municipality

4. Tika Ram Poudel M Chairperson Rajmo Nagar

Samiti

Tansen

Municipality

9847043253

5. Keshab Poudel M Municipality

Incharge

UCPN(Maoist) Tansen

Municipality

9847005665

6. Ramji Bd. Karki M Tansen

Municipality

Tansen

Municipality 3

9847029893

7. Gita Dhungana F Vice Secretary Lahare Pipal 2 Tansen

Municipality 4

9847102539

8. Chanda

Maharjan

F Vice Chairperson Holungdi Tole

Vikash

Tansen

Municipality 4

521797

9. Purna Maya F President Redcross Tansen

Municipality 3

520227

10. Yadav Raj

Sharma

M Chairperson Tuksar 1 Tole

Vikash

Tansen

Municipality 5

520929

11. Dhurba Khati M Tansen

Municipality

Committee

Tansen

Municipality 10

9847068088

12. Uma Nath

Acharya

M Citizen Tansen

Municipality 11

Tansen

Municipality 11

9847028588

13. Hom Nath

Neupane

M Representative of

Tole Sanstha

Tansen

Municipality

Tansen

Municipality 11

9847005992

14. Rajendra Prasad

Pant

M Engineer Tansen

Municipality 13

9847101443

15. Ram Bd.Raut M Chairperson Tansen

Municipality 5

9857060995

16. Dr. Puran

Bajarcharya

M Vice Chairperson Tansen

Municipality

Tansen

Municipality 6

9847099233

17. Bishnu Poudel Executive

Director

Drinking Water

Consumer

Committee

Tansen 9847029373

18. Bhim Kumari

Shakya

F Tole Chairperson Tansen

Municipality 3

9815415196

19. Gamala JC F Teacher Tole Vikash

Sanstha

Tansen

Municipality 4

9747004615

20. Rajeshwor Udam M Vice-Principal Tribhuvan

Multiple Campus

Tansen 9847029245

21 Keshari Basnet F Teacher Unanati Vikash

Tole

Tansen

Municipality 6

9847343111

City Conservation Related Stakeholders

Location: Tansen Municipality Date: 5 February, 2011

S.N Full Name Gender

Post or

Occupation

Office/Affiliated

Organization

Address Contact

Number

1. Deep Narayan M Business man Milejuli Tole

Vikash

Tansen

Municipality 8

9847068293

2. Dr. Karna Bd.

Baniya

M Principal Tribhuvan

Multiple Campus

Tansen 9847069379

3. Yadav Raj

Sharma

M Chairperson Tuksar 1 Tole

Vikash

Tansen 9847059528

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4. Jyoti Raj

Bhandari

M Chairperson Makhan Tole Tansen

Municipality

9847178092

5. Rajeshwor Uday M Secretary 9847029245

6. Bal.Bd.Rana

Magar

M Member Tansen

Municipality 7

9847029588

7. Mina Rayamaji F Chairperson Tole Vikash

Samiti

Tansen

Municipality 6

520031

8. Tumla

Bajracharya

F Secretary Tole Vikash 2

Tuksar

Tansen

Municipality 5

520311

9. Sushma Gywali F Chairperson Tole vikash Asan Tansen

Municipality

15522715

10. Bhusan Rajlober M Tansen 9847043011

11. Ram Man

Shrestha

M Advisor Bhimsen Tole

Vikash

Tansen

Municipality3

9847043595

12. Chameli

Shrestha

F Chairperson Tole Vikash

Sanstha

Tansen

Municipality 5

98470129224

13. Man Mohan

Shrestha

M Chairperson Tansen 8, palpa Get Up Palpa 9847028885

14. Bishnu Poudel M Managing Director Tansen

Municipality

Tansen

Municipality

9847029373

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Annex 10 Guidelines for Ensuring Social Accountability

Social accountability refers to the ability of citizens to hold the government responsible and

increase the effectiveness of its programs through a broad range of actions that include:

promoting access to information, monitoring public services, undertaking mediation or alternate

dispute resolution, and partnering with the government to improve its responsiveness. These

actions can help the government and citizens recognize their mutual responsibility in promoting

good governance.

The principle of accountability lies at the heart of genuine participation and community

involvement. Its purpose is to ensure that the social issues are effectively addressed by the

project and subprojects through a transparent and participatory manner. The UGDP: NETP will

adopt the following principle to ensure social accountability:

1. Local NGOs/CBOs will be mobilized to involve and ensure community

participation: Information dissemination on project activities will be conducted in all

project wards and toles involving poor and disadvantaged, women groups, women's

organizations and other interest groups. Consultations with, and participation of, IPs will

be ensured during formulation of the subproject to ensure that it adequately deals with

their needs, priorities, and preferences. The IPs will be provided relevant project

information in language(s) and manner suitable to them. A separate focus group

discussion will be held with IPs to assess sub-project impacts and benefits to these

groups. Accordingly, sub-project plans, including IP plans, will be prepared in

consultation with IPs. The outcomes of social assessments and programs/measures for IPs

will be presented in community workshops/meetings.

Public consultation, participation and transparency will be used as cardinal principles in

dealing with the adverse impacts. Problems will be reduced when people are properly

informed and consulted about the project and allowed to make meaningful choices and

participate in the decision making process. The consultations will enrich project planning

and design, improve public awareness of development objectives of the projects and

promote project acceptability and transparency.

2. Social inclusion in decision-making and operations of subproject activities will be

ensured: In order to smooth implementation, sub project user committed will be formed

and represented by the local community-based organizations (such as tole lane

organizations (TLO) and user committees), women groups, dalits, marginalized

indigenous peoples, Muslims and other vulnerable groups. Women and vulnerable groups

will be involved in the decision-making, O&M, and monitoring of all subproject

activities related to community facilities.

3. Market/job oriented skills training will be provided to poor and disadvantaged

people: Poor, disadvantaged households, project affected households are given priority to

participate in market oriented skills training activities. At least 50% of beneficiaries of

skills training should be for women, vulnerable groups and the poor.

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4. A policy of equal employment opportunity for women and men and equal wages for

work of equal value will be strictly adopted to ensure gender equity: Equal

employment opportunity given to poor women and men in construction works; and equal

wages distributed to women and men for work of equal value. The contractors will be

encouraged for employment of local labor including women and the poor.

5. Capacity of Building of Executive and Implementing agencies (MLD, DUDBC,

TDF and Municipalities) for project management, operation and policy

implementation: Social safeguard experts will be employed by PCO, TDF, and social

development officer by each municipal level Project Management Team (PMT) and will

be involved in project planning, implementation and monitoring. The safeguard experts

in PCO and TDF will provide technical support to Social Development Unit of the

municipalities while social development officer will ensure social inclusion in the sub

project management. He/she will facilitate project planning ensuring participation of

dalits, marginalized indigenous peoples, women and other vulnerable groups including

their representative organizations.

6. Social compliance auditing will be conducted: Social audit will be have two tired;

Central Level Audit and Local Level Audit. Central Level Social Compliance Audit will

be carried out by an independent third party, once a year during construction period. This

audit will be conducted on behalf of MLD/DUDBC/TDF. The auditing team will present

a detail report of auditing to UGDP: NETP and World Bank. The auditing team will

debrief municipality after site visit and also MLD/DUDBC/TDF before submission of the

audit report. MLD/DUDBC/TDF will accept this audit report as a substitute to central

level and social compliance monitoring. Social Audit will also be conducted during

operation stage. This will be done by an independent social safeguard consultant on

sample basis. The audit will check whether process and provisions envisioned in SMF is

followed or not, and the general quality of work. The concerned municipalities will make

necessary corrections on the basis of audit recommendations. The local level audit

especially denotes Community Based Performance Monitoring (CBPM). The social

development officer of the participating municipalities in close coordination with local CSO

and media and relevant line agencies will carry out CBPM, three times during the project

period. First CBPM will be carried out after awarding of tender, second CBPM during

construction period and third immediately after completion of construction activities, but

before awarding construction completion certificate. The CBPM report will be submitted to

respective municipality for necessary actions. The CBPM will examine technical, social,

financial and environmental performance of the project from peoples‘ perspective.

Thus, in order to ensure good governance and social accountability, the UGDP: NETP should

primarily intend to empower community organizations of the marginalized urban people and

then should provide space in the table and a voice in governance. This would be the first step in

building up good governance and social accountability. Participatory local development planning

and budgeting can further institutionalize accountability. Involvement of dalits, marginalized

indigenous peoples, women and other vulnerable groups including their representative

organizations in the project cycle will certainly ensure that their voice will be heard even in the

regular annual budgetary allocation.

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Annex 11 Pictorial Highlight of the Consultation with Stakeholders

Interaction with Stakeholders

Mechinnagar Dhankuta

Interaction with Stakeholders

Itahari Lekhanath

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Interaction with Stakeholders

Baglung Tansen

Interaction with Local People Mechinagar

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Interaction with Local People Dhankuta

Field Observation Itahari

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Interaction with Local People

Baglung Bazar Baglung Ring Rod

Interaction with Local People

Lekhanath Site Observation Lekhanath

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Interaction with Local People Tansen

Beneficiaries of Tourism Development Subproject Water User Committee

Views on Likely Impacts & Issues of IR

Devkota Park( Mechinagar) Devkota Park( Mechinagar)

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Views on Likely Impacts & Issues of IR( Mechinagar)

Street Temporary Shops ( Gate) Ownership issues in Minimarket

Views on Likely Impacts & Issues of IR

School along Gokul Road Private Houses along Gokul Road

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Views on Likely Impacts & Issues of IR

Private Houses along Triveni-Yakchana Road (Dhankuta

Private Houses along Triveni-Yakchana Road( Dhankuta)

Views on Likely Social Impacts & Issues of IR

Ownership issues of Lake in Lekhanath

Issues Fishing Community in Lekhanath

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Views on Likely Social Impacts & Issues of IR

Baglung Ring Road Baglung Ring Road

Baglung

Baglung Ring Road Baglung Ring Road

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Views on Likely Social Impacts & Issues of IR

Ownership Issues (Tansen ) Historical Temple in Tansen

Note

i In response to protests by NEFIN and other groups in aftermath of the peoples’ movement of 2006, the Legislative Parliament of Nepal ratified International Labor Organization’s Convention 169 (ILO 169) in August 2007, making Nepal the first country in South Asia to do so. ILO 169 supports the principle of self-management and guarantees the right of indigenous people to consultation and participation in issues relating to their own development, and right to practice traditional economies, to traditional land and resources and to use indigenous languages in education, has been hailed as an important document that would assist in the development of an inclusive state, particularly in the context of the restructuring of the state which is an important task that has been assigned to the constituent assembly.

ii Tensions between the Maoists and their historical rivals, different factions of Jana Morcha, particularly, the Rastriya Janamorcha, persists but these tensions however have not turned violent in the aftermath of the CA elections. Source: “Major Incidents of Terrorist Violence in Nepal, 1999-2010.” http://www.satp.org.

iii Dhankuta has witnessed numerous clashes between youth groups of UCPN(Maoist)—YCL and CPN(UML)—YF in the post-conflict period. There have been at least three occasions when tensions have escalated to the extent that the district administration has had to impose a curfew. Source: “Major Incidents of Terrorist Violence in Nepal, 1999-2010.” http://www.satp.org.

iv The Ministry of Home Affairs in August 2009 released names of 109 different armed groups and outfits operating in Nepal. Political commentators have indicated that 70-75 percent of these groups are based out of Tarai districts. Source: Narayan Manandhar. “Nepal's armed groups” Republica, 29 August 2009.

v The Madhes Andolan of 2007, spearheaded by the Madhesi Janaadhikar Forum (MJF), now one of the major parties in the constituent assembly was a launched to demand the rights of Madhesis against the historic injustices against the group by the pahadi dominated Nepali state. Source: International Crisis Group. Nepal’s Troubled Tarai Region, Asia Report No. 136, 9 July 2007.

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vi Due to the open border, criminal groups that have been forced to flee Bihar have found a sanctuary in Nepal. However, these groups have not been able to penetrate into Mechinagar and Itahari to the same extent as in other regions where the population of Madhesis is significantly higher.

vii Armed groups in Eastern hills include: Khambuwan National Front, Khambuwan Democratic Front, Federal Limbuwan State Council (Sanju Hang Palungwa group), Federal Limbuwan State Council (Revolutionary), Upper Kirant Limbuwan National Forum, Kirant People's Workers Party, Khambuwan Combatant Party. Source: Sita Mademba. “Special Security Plan falters: Despite government claims, eastern Nepal is still under the sway of armed groups.” Nepali Times, Issue #519, 10-16 September 2010.

viii Samyukta Jatiya Mukti Morcha (SJMM) [Unified Ethnic Liberation Front] is an underground outfit that has recently spiked up their activities in different parts of Nepal. Reportedly, around 1500 VDC secretaries have been forced to resign due to threats and intimidation by this group in recent months. The leaders of this group have claimed that they will wage an armed struggle against the state if their demand for absolute proportional representation of Janajatis in all state organs is not met. Source: “Explosion rocks Saptari VDC office as secys of Tanahun and Dang resign enmasse,” 5 July 2010, www.nepalnews.com/main/index.php/news-archive/19-general/7337-explosion-rocks-saptari-vdc-office-as-secys-of-tanahun-and-dang-resign-enmasse.html

ix MLD. “Local Government and Community Development Programme: Project Document.” 11 July 2008; Government of Nepal. Interim Constitution 2007, Kathmandu, Nepal.

x For instance, in Tansen, it is evident that as the leaders of the two main parties—the Nepali Congress and the

CPN-UML—are Newars, and share strong links with people in the core town areas, projects in these areas take

precedence. The fact that political representatives select projects based on their proximity to those who are locally

influential is revealed through a glance at Tansen Municipality‘s 2066 annual plan. In the core wards, a large

number of planned programmes include names of people in front of whose houses roads or sewage pipes are to be

constructed. For instance, a planned programme for ward 5 reads, ―to construct a road between the houses of Chakra

Kumari and Achyut Raj Sharma.‖ xi In Lekhnath, for example, the political parties had set up office hours at the municipal office so that members of the general public could approach them directly with their problems. Very few people came to meet the representatives, however. The political representatives thought that this was so because the public was unaware of how local government functioned in a situation where local elections had not been held for eight years.

xii In Itahari, these measures which were initiated under the aegis of Pro-public, a national level NGO working on governance related activities have been short-lived after DFID, the main funding agency for the program withdrew its support.

xiiihttp://www.mld.gov.np/pdf_downloadable_file/local_bodies_financial_administration_regulations_2056_nepali.pdf (In Nepali)

xiv Ibid.

xv The contracting process is notoriously prone to corruption all over Nepal. Anecdotal accounts suggest that up to 50 percent of the funds allocated to projects are skimmed off during the tendering/contracting process. According to one estimate, out of the total cost sanctioned for a particular project, about 30 percent is invested in the work, 30 percent on contractor’s profit, and 40 percent goes into various ministers’ and officers’ pockets. Source: Madhusudan Sharma Subedi. “Corruption In Nepal: An Anthropological Inquiry.” Dhaulagiri Journal of Sociology and Anthropology, Volume 1, 2005.

xvi http://www.rupp.org.np/aboutus.asp

xvii There are currently 177 TLOs in Lekhnath and 89% of households are represented in them. The municipality has

been providing various facilities to TLOs including lending money to members of TLOs from its revolving fund,

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providing trainings to TLO members in skills development, literacy and leadership. Municipality officials consider

TLO savings to be a major success: currently, TLOs have saved over Rs. 10 million. The strength of TLOs has

helped bring some public accountability to the projects that the municipality implements. In particular, the concept

of public audits or public hearings has become ingrained and if the municipality or user groups do not hold these on

schedule, it is common for TLOs to demand that they do. TLOs are also known for their initiative and drive when it

comes to implementing projects. For instance, the Himalaya TLO formed in a squatter‘s colony consisting of very

poor Chhetris and Dalits in Ward 13 was tasked with building toilets by the municipality with funds from LGCDP.

From a total budget of around Rs. 3 million, it was estimated that 132 toilets would be built. However, the TLO

managed to build around 180 toilets with the funds that they received.

xviii LSGA, Article 88.2.c

xixhttp://www.cbs.gov.np/Population/Monograph/Chapter%2010%20%20Urbanization%20and%20Development.pdf

xx ibid

xxi ibid