Social Safeguard Planning Document Resettlement Framework Document Stage: Draft Project Number: 44058 June 2010 Nepal: Kathmandu Sustainable Urban Transport Project

Prepared by the Ministry of Physical Planning and Works, Government of Nepal The resettlement framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

TABLE OF CONTENTS ABBREVIATIONS 1 GLOSSARY OF TERMS 1 I. OVERVIEW 3

A. INTRODUCTION 3 B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5

II. OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS 5 A. PROJECT PRINCIPLES AND OBJECTIVES 5 B. GOVERNMENT OF NEPAL LAWS 5 C. SAFEGUARDS POLICY STATEMENT (2009) 7 1. ADB'S SPS (RESETTLEMENT) 7 D. GAP FILLING BETWEEN ADB AND GOVERNMENT OF NEPAL POLICIES 9 E. SCREENING AND CATEGORIZATION 9 F. ESTIMATED NUMBER OF AFFECTED PERSONS 10 G. ELIGIBILITY AND ENTITLEMENTS 10

III. SOCIAL IMPACT ASSESSMENT 13 IV. RESETTLEMENT PLAN PREPARATION 14

A. GENDER IMPACTS AND MITIGATION MEASURES 15 V. CONSULTATION, INFORMATION DISCLOSURE, AND GRIEVANCES 15

A. PUBLIC CONSULTATION 15 B. INFORMATION DISCLOSURE AND DISSEMINATION 16 C. COMPLAINTS AND GRIEVANCES MECHANISM 17

VI. COMPENSATION, INCOME RESTORATION, AND RELOCATION 18 VII. INSTITUTIONAL RESPONSIBILITIES AND ARRANGEMENT 19

A. INSTITUTIONAL ROLES AND RESPONSIBILITIES 19 VIII. BUDGETING AND FUND FLOW MECHANISM 20 IX. IMPLEMENTATION SCHEDULE 21

A. STAFF TRAINING IN RESETTLEMENT IMPLEMENTATION 22 X. MONITORING AND REPORTING 22

A. NEED FOR MONITORING 22 B. INTERNAL MONITORING 22 C. REPORTING REQUIREMENTS 23

ANNEX 1: CENSUS AND BASELINE SOCIO-ECONOMIC SURVEY GUIDELINES 24 ANNEX 2: RESETTLEMENT SUPERVISION MILESTONES 26 ADB = ASIAN DEVELOPMENT BANK, AP = AFFECTED PERSON, DMS = DETAILED MEASUREMENT SURVEY, KMC = KATHMANDU METROPOLITAN CITY, NGO = NONGOVERNMENTAL ORGANIZATION, RP = RESETTLEMENT PLAN. 26 ANNEX 3: INVOLUNTARY RESETTLEMENT SCREENING/ CATEGORIZATION 27 ANNEX 3: INVOLUNTARY RESETTLEMENT SCREENING/ CATEGORIZATION 27 ANNEX 4: IP IMPACT SCREENING CHECKLIST OF SAMPLE SUB PROJECTS 28

ABBREVIATIONS

ADB Asian Development Bank BPL Below Poverty Level CDC Compensation Determination Committee CDO Chief District Officer DOTM Department of Transport Management LACFC Land Acquisition and Compensation Fixation Committee CPR Community Property Resource DDC District Development Committee DMS Detailed Measurement Survey DOR Department of Roads DSC Design and Supervision Consultants GRC Grievance Redress Committee KMC Kathmandu Metropolitan City KSUT Kathmandu Sustainable Urban Transport project LA Act Land Acquisition Act LACFC Land Acquisition and Compensation Fixation Committee LRA Land Reform Act MWO Municipal Ward Office NGO Non-Government Organization PMCBC Project Management and Capacity Building Consultant PMCO Project Management and Coordination Office PPTA Project Preparatory Technical Assistance PSA Poverty and Social Assessment ROW River Right of Way SPS Safeguards Policy Statement TOR Terms of Reference WHH Women Headed Households

WEIGHTS AND MEASURES

HA - hectare Sq.m – square meter

GLOSSARY OF TERMS

Land Acquisition means the process whereby land and properties are acquired for the RP of the project construction. Baseline Socio-economic Sample Survey. The objective of the baseline socioeconomic sample survey is to establish monitoring and evaluation parameters, it will be used as a benchmark for monitoring the socio-economic status of affected persons (APs). The survey will cover 10% of affected people and 20% of seriously affected people. The survey will also collect gender-disaggregated data to address gender issues in resettlement. The survey will carry out the following: (i) preparation of accurate maps of the sub-project area; and (ii) analysis of social structures and income resources of the population. Census. The objective of the census is to register and document the status of potentially affected persons within the sub-project impact area. The census will cover 100% of APs. The census will provide a demographic overview of the population, and will cover people’s assets and main sources of livelihood. Compensation means payment in cash or in kind of the replacement value of the acquired property. Guthi means a traditional community building used by the local community for various festivals and other purposes. Land Acquisition and Compensation Fixation Committee (LACFC) means the committee established under the chair of Chief District Officer as per Land Acquisition Act 2034 for the determination of compensation rate and implementation of compensation taking into consideration replacement value of the properties as guided by the resettlement plan and the use of community valuation methods. Grievances Resolution Committee (GRC) means the committee established under each sub- project to resolve the local grievances. Project Affected Person (AP) includes any people including encroachers/ squatters, households, or firms who, on account of changes that result from the project will have their (i) standard of living adversely affected; and/or (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily. Replacement Cost means the method of valuing assets to replace the loss at market value before the project or dispossession, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration, and titling costs. Resettlement means all the measures taken to mitigate all or any adverse impacts of the project on the APs property and/or livelihoods including compensation, relocation (where relevant), and rehabilitation. Relocation means the physical relocation of APs from their pre-project place of residence.

Rehabilitation means the measures provided under the resettlement plan other than payment of the compensation of acquired property. Vulnerable Groups. Social categories whose livelihoods may be particularly vulnerable to disturbances created by the project. This means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement including: indigenous, Janajati, minority, female headed, disable headed, elderly headed, and landless, bonded labour, poor (below poverty line—NRs4,000 households/month1), landless or households losing 50% or more of total landholdings.

1 Poverty line - NRs 3,000 HH/month - used in the Nepal Living Standards Survey 2003/2004 has been adjusted by

applying the GDP deflator (131 in 2008 compared to 100 in 2004)

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I. OVERVIEW

A. Introduction

1. The Kathmandu Sustainable Urban Transport (KSUT) Project2 is to improve the quality of urban life in the capital city of Nepal, through the delivery of a more efficient, safe, and sustainable Urban Transport System (UTS). The UTS will be enhanced by focusing on the implementation of traffic management measures, the rationalization and the upgrading of the public transport network, the pedestrianization of heritage routes within the city core, and the improvement of air quality. The system integrates these components holistically. The Project will consist of four components: (i) developing traffic management measures; (ii) enhancing public transport services and facilities; (iii) implementing pedestrian priority areas; and (iv) promoting air quality improvements. 2. The result of the KSUT is a series of components and subcomponents aimed at achieving sustainable urban transport in Kathmandu. One subcomponent involves establishing two pilot routes that will demonstrate the merits of reorganization to users, and more importantly, the operators. The routes will be joining the ring road from north to south and east to west through crossing the center of Kathmandu. The essential features of the routes will be as follows:

• Existing operators running mini and micro-bus services into the city centre will be asked to form a single management entity (cooperative or company) to operate a cross city service, starting from a terminal at the urban periphery and passing through the city centre to a similar terminal at the periphery on the opposite side of the city.

• The cooperative will enter into a franchise agreement with the Department of Transport Management (DOTM) that will give them exclusive rights to operate the routes (over most of their length) with no competition from other public transport providers.

3. Two possible pilot routes are shown in Figure 1. These will need to be confirmed. 4. The route will be starting from a terminal at the urban periphery and passing through the city centre to a similar terminal at the periphery on the opposite side of the city.

2 The Project was prepared through a Regional Project Preparatory Technical Assistance (R-PPTA). ADB. 2009.

Preparing the implementation of Asian City Transport Project – Promoting Sustainable Urban Transport in Asia. Manila.

Shared

Nakh

Boudd

Balaju

Swayamb

Pilot Route 1

Pilot Route

Figure 1: Possible Pilot Routes (to be confirmed)

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5. The routes will be operated on a regular service with a minimum frequency of 3 minutes in each direction, from terminal to terminal, during peak hours and not less than 10 minutes for the remaining hours between 6 am to 10 pm every day.

6. Approximately 20,000 passengers may be conveyed per day in the initial years. As the routes become more established it is expected that ridership will increase over the years. 7. The provision for the use of frameworks is required for non-sensitive components of projects where detailed design takes place after Board approval. It therefore covers a range of possible land, structure, and livelihood impacts that could occur, albeit small scale as envisioned for this project. The small scale impacts for future subprojects, if any, will be limited primarily to economic impacts. The framework provides guidance for all possible events in line with the Asian Development Bank's (ADB’s) Safeguards Policy Statement (SPS) (2009) and Government of Nepal's Land Acquisition Act (LAA), 2034 (1977) and the Indigenous/Nationality Act 2002. 8. The project is Category B for Involuntary Resettlement. This resettlement framework (RF) is intended to guide resettlement planning for the implementation of pilot bus routes consisting mainly of bus stops shelters and lay-bys and small terminals in periphery including workshops. The exact location of these facilities will be confirmed after ADB Board approval. Land acquisition will be avoided and/or minimized and resettlement impacts, if any, are envisioned to be small scale, consistent with Category B. Similarly displacement of transport employees will also be minimized by re-employing them in the new transport system. Subprojects that will fall under Category A will not be selected. 9. The RF identifies the broad scope of the project and outlines the policy, procedures and institutional requirements for preparing resettlement plans for subprojects based on detailed design. Social safeguard planning documents are "active" documents and are therefore subject to being updated during project implementation and detailed design. 10. The borrower/client will ensure that no physical displacement or economic displacement will occur until (i) compensation at full replacement cost has been paid to each displaced person for project components or sections that are ready to be constructed; (ii) other entitlements listed in the resettlement plan (RP) have been provided to displaced persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help displaced persons improve, or at least restore, their incomes and livelihoods. While compensation is required to be paid before displacement, full implementation of the resettlement plan might take longer. 11. The RF (i) explains the general anticipated land acquisition and resettlement impacts of subproject to be financed under the Project; (ii) specifies requirements to be followed for subproject screening, categorization, assessment, and resettlement and indigenous planning, including arrangements for stakeholders consultation and information disclosure; (iii) outlines objectives, policy principles, and procedures for any land acquisition, compensation and other assistance measures for any affected persons (APs), (iv) assesses adequacy of executing agency’s (EA’s) capacity to implement national and state laws, policies, and regulations and ADB's SPS and identify needs for capacity building; (v) outlines social impact assessment and census methodologies, (vi) specifies implementation procedures, including budget, institutional, capacity development, and monitoring and reporting requirements; and (vii) describes responsibilities of the EA and ADB in relation to the preparation, implementation, and progress review of involuntary resettlement (IR) safeguard documents of subprojects. Finally, all works

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undertaken are to strictly adhere to all ADB SPS and operational procedures (operational manuals) and Government policies. B. Scope of Land Acquisition and Resettlement

12. The Project is Category B for Involuntary Resettlement. This RF is intended to guide resettlement planning for the following project activities not to be defined until after ADB Board approval: (i) bus stops shelters and lay-bys, and (ii) small terminals including workshops. 13. Land acquisition and resettlement needs will be entirely avoided and/or significantly minimized in the design of these subprojects. Upgrading and rehabilitating existing facilities will be encouraged wherever feasible. The road right-of-way (ROW) is clear of any encroachments for (i) bus stops shelters and lay-bys, and (ii) small terminals including workshops. (to be confirmed at detailed design stage). The Environmental Assessment and Review Framework (EARF) specifies measures to mitigate impacts during construction, particularly those that inhibit access to businesses. Vulnerable persons are also identified, including female-headed households and Indigenous Peoples (IPs), and those that lose 50% or more of their total landholdings (see Glossary for full definition of vulnerable groups). 14. The project will create mechanism to employ the staff of the public transports to be displaced to the new public transport being introduced in the proposed routes. Mandatory provisions and conditions will be placed while permitting the new public transports in the intended routes.

II. OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS

A. Project Principles and Objectives

15. Resettlement. The three important elements of the ADB’s SPS (2009) are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. In addition, the absence of legal title to land should not be a bar to compensation. B. Government of Nepal Laws

1. Resettlement Policies and Acts 16. The LAA, 2034 (1977) 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 (such as Water User Committees) may also request the Government to acquire the land under the regularity provisions subject to be compensated by such institutions' resources. Clause 27 of the Act provides 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 described below). 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 Grievance Redress Committee (GRC).3

3 Under the Project, a Grievance Redress Committee (GRC) will be set up to address any complaints regarding the

land acquisition process, therefore offering the AP another venue to express grievances.

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17. As per the regulatory provision, while acquiring land, the Government’s forms a Land Acquisition and Compensation Fixation Committee (LACFC) under the chairmanship of Chief District Officer (CDO) of the respective districts. 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 Kathmandu Metropolitan City (KMC) representative. The Project Manager functions as the Member Secretary of the Committee. In addition, it will also include representatives from the APs, and Community Based Organization (CBO) if any. 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 the Government. 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. 18. As revealed in Clause 9 sub-section 3 of the Act, 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 the termination of the extended three months period the amount will be deposited to the Government's account. 19. 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 that 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 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. 20. Any grievances and objections will be referred to the Grievances Redress Committee (GRC) as per Clause 11 of the LAA, 2034 (1977). The Act assigns the CDO as the sole responsibility to chair land acquisition activities and to address the grievances related to the RP implementation activities. 21. Clause 20 of the Act authorizes the legal tenant entitlement to 100% compensation for the structure built on the land with the permission of the land owners. Clause 68 (1) of the Forest Act 2049 states that the government may permit the use of forest land for projects under the national priority. 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. 22. All APs identified in project-affected areas on the cut-off date are entitled to compensation for their affected assets and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date for title holders is set according to the LAA. For non-title-

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holders, the cut-off date is the date of the census survey. Those who encroach into the subproject area after the cut-off date are not entitled to compensation or assistance. 23. The typical process of land acquisition is indicated in Table 1.

Table 1: Process for Land Acquisition as per Land Acquisition Act S.No. Steps outlined in the Land Acquisition Act

1 Sectoral agency decides to execute a development project at a certain location 2 Sectoral agency requests the Government to acquire land specifying objectives and committing payments

of compensation and other expenses 3 The Government approves and orders the initiation process and LACFC is formed 4 Public notification is made at public places in the project area, KMC office, concerned KMC ward offices

and to the affected households 5 Necessary preliminary survey including boundary demarcation, agricultural production valuation and social

census of affected families takes place 6 Land Revenue Office report on the area and location of land to be acquired including likely compensation

and amount of loss 7 The local officer (CDO) issues notices including purpose of acquisition and detail of land to be acquired 8 Land transactions are banned within the notified area 9 Owner can file complaints within 7 days through the local officer 10 Resolution of grievance within 15 days of complaint 11 Acquisition of land and payment of compensation CDO = Chief District Officer, KMC = Kathmandu Metropolitan City, LACFC = Land Acquisition and Compensation Fixation Committee. 24. 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% of the total compensation amount. Tenants are verified through a record of tenancy at the Land Revenue Office. C. Safeguards Policy Statement (2009)

1. ADB's SPS (Resettlement) 25. The objectives of ADB's SPS with regard to IR are: (i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable groups. 26. ADB's SPS covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. 27. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:

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(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

(ii) Carry out meaningful consultations with APs, host communities, and concerned non government organizations (NGOs). Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples (IPs), and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the APs’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (a) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (b) prompt replacement of assets with access to assets of equal or higher value, (c) prompt compensation at full replacement cost for assets that cannot be restored, and (d) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance, including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas, provide them with legal and affordable access to land and resources, and in urban areas, provide them with appropriate income sources and legal and affordable access to adequate housing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare an RP elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft RP, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to APs and other stakeholders. Disclose the final RP and its updates to APs and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s

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costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the RP under close supervision throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the RP have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

D. Gap Filling between ADB and Government of Nepal Policies

1. Resettlement 28. The following overall goals are common between the Government legal frameworks and ADB guidelines related to resettlement:

(i) Involuntary resettlement shall be avoided to the extent possible or minimized where feasible, exploring all viable alternative project designs.

(ii) Where displacement is unavoidable, people losing assets, livelihood or other resources shall be assisted in improving status at no cost to themselves.

29. However, there are certain key differences between ADB guidelines and the Government’s legal frameworks which are summarized below in Table 2.

Table 2: Some Differences Between ADB Policy and the Government Legal Framework

ADB Policy Government of Nepal Legal Framework

Compensation for land regardless of legal ownership. Legal ownership is required, however, registered tenants with the Land Revenue Office also acknowledged.

Compensation to all affected structures including encroachers

Encroachers are not entitled to compensation. However vulnerable families4 are compensated to build houses of the previous standards.

Compensation for affected assets at full replacement costs

( i ) To be determined by Compensat ion Fixation Committee (CFC) to be formed under CDO or (ii) Clause 27 of the Act provides for land acquisition through mutual agreement with the plot owners.

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.

CDO = Chief District Officer, CFC = Compensation Fixation Committee.

30. ADB's SPS 2009 states in Annex 2 C(4) that ‘[ADB] requirements apply to all ADB-financed and/or administered sovereign and non-sovereign projects and their components regardless of the sources of financing.’ Therefore, for the differences mentioned above, ADB policy will apply to the Project. E. Screening and Categorization

31. Resettlement screening for subprojects will be carried out during the project identification and prioritization process. The social development specialist in the project implementation unit

4 Vulnerable family as defined by Land Acquisition Act 1977 are indigenous, Janajati, minority, female headed, disable headed,

elderly headed, ultra poor, and landless, bonded labour.

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(PIU), with support of a consultant, will use the screening and categorization form in Annex 3 to determine the nature and significance of resettlement effects. The screening criteria based on the degree of resettlement impacts are: (i) 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; (ii) 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; or (iii) 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 IP impacts (Category A) will not be selected. F. Estimated Number of Affected Persons

32. Given the small scale size of proposed facilities (e.g., bus stops shelters, bus stop lay bys, and terminals), the impacts will not be significant and consistent with Category B level impacts. Again, any subprojects that are determined to cause significant resettlement impacts (Category A) will not be selected. G. Eligibility and Entitlements

33. All APs who are identified in the project-impacted areas on the cut-off date5 will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. 34. All compensation to APs shall be paid prior to commencement of civil works in sections that are ready to be constructed. 35. The Entitlements Matrix in Table 3 summarizes the main types of losses and the corresponding nature and scope of entitlements in accordance with the Government and ADB policies that apply in this project. Following finalization of 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 cost surveys (or asset valuation) will be carried out. This information will be used to inform the LACFC for cost determination or for negotiation of land value between the DOR and plot owner as per the LAA. 36. The Government will ensure that (i) sufficient funds to cover the costs of land acquisition and involuntary resettlement are made available in a timely manner, (ii) all land and ROW required will be made available in a timely manner, and (iii) compensation at full replacement cost and other entitlements will be paid to affected people, prior to commencement of civil works in sections that are ready to be constructed. The Government will ensure that the rate of compensation for acquired housing, land and other assets, to be fixed either by a LACFC or through a mutual agreement process, will not be less than the full replacement cost. The Government through the project management and coordination office (PMCO) will ensure that IAs update the RP during the detailed design stage and implement it. Any involuntary

5 The cut-off date for title holders is based according to the Land Acquisition Act, 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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resettlement and land or asset acquisition will be carried out in compliance with ADB's SPS (2009), this RF, the RP for the subproject, and relevant national laws and regulations. 37. 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 until the case is disposed. Where the entitlement matrix does not cover a particular impact, it can be enhanced based on the findings of the socio-economic assessment and measurement survey. Entitlements should never be reduced to below that outlined in the matrix. 38. Compensation for the lost assets to all APs will be paid on the basis of full replacement cost. Resettlement assistance for lost income and livelihoods will be provided to title holders and non-title holders. Special resettlement and rehabilitation measures will be made available to vulnerable groups comprising APs living below the poverty line, IPs, women headed households, the elderly, the disabled and other marginalized minorities. 39. The Entitlements Matrix (Table 3) recognizes and lists the types of losses resulting from the subcomponent and specific compensation and resettlement packages.

Table 3: Entitlements Matrix

Type of Loss Unit of Entitlement

Entitlement Details

A. LOSS OF LAND Title-holder

Compensation at full replacement cost

a) Cash compensation at replacement cost including provision for all fees (documentation fee, etc.), taxes, and other charges as applicable under relevant laws. b) In the case of farmland, the AP will be entitled the cultivation disruption allowance equal to one-year production.

Tenants

Compensation

50% cash compensation to the tenants of the affected plots as per the prevailing laws (LA Act Clause 20).

1 Loss of residential or commercial land

Encroacher/ Squatter on public land

Resettlement assistance

Resettlement assistance in lieu of compensation for land occupied (land, other assets, employment) at least to restore their livelihoods and standards of living to pre-displacement levels.

B. LOSS OF STRUCTURE (RESIDENTIAL/COMMERCIAL/OTHER) 2 Loss of

residential / commercial structures

Title-holder

a) Compensation at replacement cost b) Shifting assistance

a) Compensation of structure will be paid at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation. b) Shifting assistance to cover cost of shifting (transport plus loading/unloading) personal and/or business effects: lump-sum cost of $165 6per household. c) Right to salvage material from demolished structure and frontage etc. d) Cash compensation for damages to structures resulting from temporary occupation of land at replacement cost. e) Owners losing total structure are entitled to relocation allowance (cash) equivalent to two month rent for moving to alternative premise for re-establishing house/businesses.

3 Loss of rental Tenants a) Rental assistance a) Rental assistance for both residential &

6 Lump-sum amount for shifting assistance to all categories reflects the urban context in Kathmandu. The rate will not automatically

apply to other projects.

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accommodation (residential/commercial)

b) Compensation at replacement cost c) Shifting assistance

commercial tenants as per the prevalent rate in the form of grant to cover minimum two month rentals. b) Additional structures erected by tenants will be compensated and deducted from owner’s compensation amount. c) Shifting assistance to cover cost of shifting (transport plus loading/unloading) personal and/or business effects: lump-sum cost of $165 per household. d) Any advance deposited by the tenants will be refunded to the tenant from owners total compensation package on submission of documentary evidence. e) Tenant right to salvage material from demolished structure and frontage etc at no charge. f) Assistance in finding replacement land for continuation of livelihood/living arrangements.

C. LOSS OF STRUCTURE BY NON-TITLED HOLDER Squatters7 having Structure

a) No compensation for land b) Compensation for structures c) Shifting assistance

a) Squatters will be notified and given 30 days time to remove their assets. b) Compensation for loss of structure at replacement cost. c) Shifting assistance: lump-sum cost of $100 per household. d) Right to salvage material from the demolished structure.

4 Loss of structure (immovable assets constructed by squatters and encroachers)

Encroachers8 having structure

a) No compensation for land b) Compensation for loss of structures

a) Encroachers will be notified and given 30 days time to remove assets. b) Compensation for structures at market-rate replacement cost. c) Right to salvage materials from the demolished structure.

D. LOSS OF LIVELIHOOD Titleholders losing income through business

Rehabilitation Assistance

Title holders losing a business establishment due to displacement will be entitled to receive one time lump sum grant; minimum TWO month’s income based on the nature of business and type of losses assessed on a case to case basis.

Non-titleholders (squatters and vulnerable encroachers) losing primary source of income

Rehabilitation Assistance

Training to be provided for upgrading of skills at NR 6000 to 8000 - per family to the APs based on the type of skill training.9

5 Loss of primary source of income

Wage earning employees indirectly affected due to displacement of commercial structure

Rehabilitation Assistance

Applies to those indirectly affected due to the employer having being displaced, on case-by-case, based on 30 days' assistance at the rate of minimum wage rate as determined by the District Administrative Office.10

7 Landless person 8 Legitimate land holder but encroaching movable or immovable assets on Government land 9 NR 8,000 is based on approximate cost of vocational-type training such as for mechanics, drivers or hairdressers. 10 Nepal has no legal minimum wage however, the Kathmandu District Development Committee recommends a daily wage of

NR275 for Kathmandu district for the fiscal year 2009/10.

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Mobile vendors and kiosk operators

Rehabilitation Assistance

a) Mobile venders are not eligible for compensation. b) Those mobile vendors with a permit from local authorities to operate in the affected area will be treated as kiosks operators. c) Kiosk operators and authorized vendors licensed to operate from affected locations will be entitled to a one time lump sum assistance for 30 days at the minimum wage rate as determined by the District Administrative Office d) Those categorized as vulnerable are eligible for training to be provided for upgrading their skills e) Vendors and kiosk operators will be entitled to a shifting allowance: lump-sum cost of $100 per vendor.

E. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES 6 Loss of

Common Property Resources

Community Reconstruction/cash compensation at replacement cost

Cash compensation at replacement cost or reconstruction of the community structure to at least previous condition, or replacement in areas identified in consultation with the affected community.

F. ADDITIONAL SUPPORT TO VULNERABLE GROUP 7 Additional

Assistance to vulnerable groups

Vulnerable households including IP, women headed households, disabled, elderly

Special Assistance

a) One time lump sum assistance of 90 days at the rate of minimum wage rate as determined by the District Administrative Office to vulnerable households. (This will be paid above and over the other assistance(s) as per this plan).

G. OTHER UNANTICIPATED IMPACTS 9 Temporary

impact during construction (e.g. disruption of traffic, damage to land /assets due to construction)

Community / individual

Compensation a) The contractor shall bear the cost of any impact on structure or land due to construction. b) All temporary use of lands outside proposed ROW to be through written approval of the landowner and contractor.

10 Unforeseen impacts if any

Any unanticipated impacts due to the project will be documented and mitigated based on the principles outlined in this plan – e.g. fair and timely compensation, reasonable efforts to mitigate negative impacts.

AP = affected person, BSR = basic schedule of rates, LA Act = Land Acquisition Act, ROW = right of way.

III. SOCIAL IMPACT ASSESSMENT

40. Surveys. For sub-projects involving land acquisition and resettlement impacts, the PIU with assistance from the Social Development Specialist (SDS) of the Design Supervision Consultant (DSC) 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 RP. 41. Census. The purpose of the census is to register and document the status of potentially APs within the subproject's direct impact zone. The census will cover 100% of APs. The census will provide a demographic overview of the population, and will cover people's assets and main sources of livelihood. Survey guidelines for the Census of APs are provided as an Annex 1. 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 ROW boundaries which will include titleholders and non-titleholders occupying the proposed ROW, (iii) current occupants of the subproject site including businesses, vendors,

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whether titleholders or otherwise and experience temporary disruptions during construction, and (iv) losses of APs.

Table 4: Surveys for RP Preparation 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 AP 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 AP households, by ethnicity, gender of head of household, household

size, primary and secondary source of household income vis-a-vis whether household is headed by women, or below poverty line of NRs3,000/month, landless or households losing 50% of total landholdings (particularly those totally dependent on agriculture for livelihood), 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. Socio-Economic Survey

At a minimum, the SES will collect information from a sample of 10% of affected people and 20% of severely affected APs, disaggregated by gender and ethnicity. The purpose of the socioeconomic survey is to provide baseline data on APs 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 sources 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 LACFC. Compensation rates will be continuously updated to ensure that APs receive compensation at replacement cost at the time of compensation payment.

AP = affected person, DMS = detailed measurement survey, LACFC = Land Acquisition and Compensation Fixation Committee, RC = replacement cost survey, SES = socioeconomic survey.

IV. RESETTLEMENT PLAN PREPARATION

42. RPs will be prepared for subprojects based on the results of the census and from information drawn from the baseline socio-economic sample survey. The database of APs should be completed before RP preparation. RPs will be commensurate with subproject IR impacts. All RPs will be reviewed and approved by ADB before land acquisition and commencement of civil works. 43. RPs will be prepared by the PIU through a SDS under the DSC. Work will be guided by the social officer of the PMCO which utilizes the SDS of the Project Management and Capacity Building Consultants (PMCBC). The RP will be brought to the notice of APs and host communities and comments will be addressed in subsequent revisions of the RP. The RP will

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be prepared in English, main content translated in local language, and notified to the public (this can include posters and/or resettlement booklets). The completed RP will include the census of APs, and their entitlements to restore losses, institutional mechanisms and schedules, budgets, assessment of feasible income restoration mechanisms, avenues for grievance redressal, and participatory results monitoring mechanism. The RP will be structured in the following manner:

• Executive Summary • Project Description • Scope of Land Acquisition and Resettlement • Socio-economic Information and Profile • Information Disclosure, Consultation, and Participation • Grievance Redress Mechanisms • Legal Framework • Entitlements, Assistance and Benefits • Relocation of Housing and Settlements • Income Restoration and Rehabilitation • Resettlement Budget and Financing Plan • Institutional Arrangements • Implementation Schedule • Monitoring and Reporting

A. Gender Impacts and Mitigation Measures

44. Negative impacts of subproject on female-headed households will be taken up on case-to-case basis and assistance to these households will be prioritized under the subprojects. The RP will formulate measures to ensure that socio-economic conditions, needs, and priorities of women are identified and the process of land acquisition and resettlement does not disadvantage women. The RP will ensure that gender impacts are adequately addressed and mitigated. Women's focus group discussions (FGDs) will be conducted to address specific women's issues. During disbursement of assistance and compensation, priority will be given to female headed households. Joint ownership in the name of husband and wife will be offered in case of non-female headed households where the asset was acquired during their marriage.

V. CONSULTATION, INFORMATION DISCLOSURE, AND GRIEVANCES

A. Public Consultation

45. A range of formal and informal consultative methods will be carried out for all sub-projects including, but not limited to: 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. 46. The key stakeholders to be consulted during sub-project preparation, RP implementation, and program implementation includes:

(i) all APs, including vulnerable households; (ii) project beneficiaries; (iii) host populations in resettlement sites (if any); (iv) elected representatives, community leaders, and representatives of community-

based organizations;

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(v) local NGOs; and (vi) local government (KMC, DDC) and relevant government agency representatives.

47. Consultations with APs during RP 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 DOR with support and guidance from the PMCO and PMCBC 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. 48. The PMCO will ensure that views of APs, particularly those who are vulnerable, related to the resettlement process are looked into and addressed. The PMCO 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 PMCO will regularly update the baseline information. B. Information Disclosure and Dissemination

49. Summaries of the RPs 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 RF and RPs will be disclosed in ADB’s website (and MPPW website) and made available to APs; information dissemination and consultation will continue throughout program implementation. 50. For all sub-projects, information will be disseminated to APs at various stages. In the initial stage, the DOR will be responsible for informing potential APs and the general public of the project and land acquisition requirements through leaflets and publication in local media outlets and newspapers. PMCO will conduct consultations and disseminate information to all APs during these initial stages to create awareness of the project. 51. In the implementation stage, the DOR will provide information to APs on IR policies and features of the RP. 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. 52. An information dissemination campaign for APs will be conducted by the DOR with assistance from PIU at the outset of RP implementation. All the comments made by the APs will be documented in the sub-project records and summarized in sub-project monitoring reports. A summary of consultation and disclosure activities to be followed for each sub-project is in the Table 5 below. 53. Details and responsibility for consultation and disclosure activities are given in Table 5.

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Table 5: Consultation and Disclosure Roles and Responsibilities Project Phase Activities Details Responsible Agency

Project Initiation Stage

Sub-component information dissemination; Disclosure of proposed land acquisition to APs

Public meetings held for consultation with APs DOR, MWO

Stakeholder consultations Further consultations with affected persons and households, titled and non-titled.

DOR, MWO

Disclosure of final entitlements and rehabilitation packages and disclosure of draft RP

RPs disclosed to all APs in local language DOR, MWO

RP Preparation Phase

Finalization of RP Review and approval of RP by EA. Review and approval of RP by ADB. Web disclosure of the RP.

MPPW, DOR and ADB

RP Implementation Stage

Consultation with APs during RP implementation Consultations with APs. DOR, MWO

ADB = Asian Development Bank, APs = affected persons, DOR = Department of Roads, EA = executing agency, MPPW = Ministry of Physical Planning and Works, MWO = Municipal Ward Office, RP = resettlement plan. C. Complaints and Grievances Mechanism

54. A mechanism will be ensured by the EA, MPPW, to receive and facilitate the resolution of APs’ concerns and grievances about physical and economic displacement and other project impacts, paying particular attention to the impacts on vulnerable groups. The grievance redress mechanism will address APs’ concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to the affected persons at no costs and without retribution. 55. Any grievances and objections will be referred to the GRC. The constitutional basis of the GRC for RP activities is Clause 11 of the LAA of Nepal 2034 (1977). The Act assigns CDO as the sole responsibility to chair land acquisition activities. The GRC will have representative from the subcomponent implementation office, representatives of APs, particularly of vulnerable APs, local government representatives and other interest groups. The GRC will meet once a month and grievances will be resolved within a month of having been expressed. In keeping with the legal provision mentioned in the Act, the basic process of grievances redress to be undertaken under the Project will be as follows:

• Decisions should be given within 15 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 as of District Court while

investigating in the matter of such grievances. 56. Other than disputes relating to ownership rights under law, the GRC will review grievances involving all resettlement benefits, compensation, relocation, and other assistance. Through public consultations, the APs will be informed that they have a right to grievance redress. 57. A record will be kept of all grievances, including the name of the complainant, date received, nature of grievance, actions taken and date of action, and final outcome. 58. The various queries, complaints and problems that are likely to be generated among the APs and that might require mitigation, include the following:

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(i) APs not enlisted; (ii) Losses not identified correctly; (iii) Compensation/assistance inadequate or not as per entitlement matrix; (iv) Dispute about ownership; (v) Delay in disbursement of compensation/assistance; and (vi) Improper distribution of compensation/ assistance in case of joint ownership.

VI. COMPENSATION, INCOME RESTORATION, AND RELOCATION

59. The IA will provide adequate and appropriate replacement land and structures or cash compensation at full replacement cost for lost land and structures, adequate compensation for partially damaged structures and relocation assistance, as applicable according to the Entitlements Matrix in Table 3. The IA will compensate non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. 60. Preference will be given to land replacement-based resettlement strategies for displaced persons whose livelihoods are land-based (e.g. street-based shops or workshops). This may include resettlement on public land or on private land acquired or purchased for resettlement, though that is not likely to be possible due to lack of available government land in Kathmandu. When replacement land is offered, displaced persons will be provided with land for which a combination of income-generating potential, location and other factors are at least equivalent to the advantages of the land acquired. If land is not the preferred option of the displaced persons, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided, in addition to cash compensation for land and other assets lost. The lack of land will be demonstrated and documented to the satisfaction of ADB. 61. Income restoration assistance to the APs includes both short– and medium–term strategies. Short–term income restoration strategies are for immediate assistance during relocation and include the following:

(i) APs losing entire structure are entitled to subsistence allowance (cash) equivalent to two months rent for moving to alternative premise for re-establishing house/business

(ii) Assistance in finding replacement land for continuation of livelihood/living arrangements

(iii) Business owner/tenants including farmers earning livelihood from crops and experiencing loss of income are entitled to one-time lump sum grant of two-month income based on the nature and type of losses assessed on a case-to-case basis.

(iv) Wage earners/employees losing income are entitled to one-time financial assistance equivalent to 30 days minimum wage rates to be within District for respective categories.

(v) For vulnerable groups, additional subsistence allowance equivalent to 90 days’ wage at the rate of minimum wage rate as determined by the District Administrative Office. This will be paid above and over the other assistance(s) as per this plan.

62. Those eligible for medium-term income restoration activities which include skill development training based on need at the rate of NRs6,000 to NRs8,000/person/household

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include instances where no replacement land is available to continue livelihood activity (including sharecroppers, tenant farmers), those losing main source of livelihood, and vulnerable people. 63. Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; and (ii) training for self employment to agricultural laborers. Training for self-employment that would be given by a NGO for skill development may include but not limited to (i) plumbing, (ii) electrical, (iii) automobile repair, and (iv) electronic repair and service. Training will be imparted to any willing member of the household. Where NGOs are not capable of training, suitable trainers or local resources will be identified by the PIU or local NGO in consultation with local training institutes. 64. During the construction stage the APs, especially vulnerable APs, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the APs employable, an NGO may be engaged to identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to the APs. The contract document for the project shall include a provision for employment under the social requirements.

VII. INSTITUTIONAL RESPONSIBILITIES AND ARRANGEMENT

A. Institutional Roles and Responsibilities

65. At the national level, the MPPW will be the EA with responsibility for subcomponent of two pilot routes in Kathmandu given to the IA, DOR. The PMCO established in the EA is to (i) conduct internal monitoring of resettlement process to ensure smooth implementation; (ii) ensure the IA (DOR) with assistance from DSC update and finalize the draft RP during the detailed design stage; (iii) ensure timely payments of compensation and other entitlements as per the final RP and made before land acquisition and commencement of civil works; (iv) ensure ongoing consultations with communities and APs; and (v) submit semi-annual monitoring reports to ADB that describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. 66. DOR will have overall responsibility for resettlement activity under the subcomponent, and through its Geo-Environment and Social Unit (GESU) and with assistance from DSC, will: (i) ensure the draft RP is updated based on detailed design; (ii) engage in ongoing meaningful consultations with stakeholders and APs; (iii) implement the final RP; (iv) provide timely payments to APs before land acquisition and commencement of civil works; (v) facilitate the provision of training and capacity building activities to APs; (vi) ensure all grievances are addressed and coordinate with the GRC; (vii) take corrective actions where necessary; and (viii) submit quarterly monitoring reports to PMCO and clearly communicate the implementation status of RP and the status of APs throughout the project period. 67. DOR will utilize the services of a Social Safeguards/Resettlement Expert (RE) as part of the implementation team.

Table 6: Institutional Roles and Responsibilities Activity Responsible Agency

Sub-component Initiation Stage Disclosure of proposed sub-project details through consultation and public notice DOR, MWO Disclosure of proposed land acquisition DOR RP Preparation and Updating Stage AP identification and verification DOR, MWO Conducting detailed census, socioeconomic, and replacement cost surveys of all APs DOR

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Activity Responsible Agency Conducting consultations with APs and other stakeholders through FGDs/meetings/interviews.

DOR, MWO

Computation of replacement values of land/assets proposed for acquisition and finalizing rehabilitation measures

DOR

Determining final compensation for land/property/employment DOR direct with Land Owner, or LACFC

Review of RP PMCO Disclosure of final entitlements and rehabilitation packages DOR Approval of RP MPPW, ADB Translating draft and final RPs into local language DOR Disclosing of RPs to APs DOR, MWO RP Implementation Stage Information dissemination to APs DOR Compensation paid to APs before award of civil contracts DOR Implementation of proposed rehabilitation measures DOR, MWO Consultations with APs during rehabilitation activities DOR, MWO Grievances Redress GRC Monitoring DOR, PMCO

ADB = Asian Development Bank, APs = affected persons, DOR = Department of Roads, FGD = focus group discussions, GRC = Grievance Redress Committee, LACFC = Compensation Fixation Committee, MPPW = Ministry of Planning and Public Works, MWO = Municipal Works Office, PMCO = Project Management and Coordination Office, RP = Resettlement Plan.

VIII. BUDGETING AND FUND FLOW MECHANISM

68. The resettlement cost estimate includes all costs related to resettlement including compensation, relocation, transfer costs, displacement allowances, rehabilitation costs, administrative costs, special assistance for vulnerable households, consultation, and costs of monitoring and evaluation. All land acquisition funds will be paid to APs by the DOR(overseen by PMCO), and backed by MPPW. Loan assurances will guarantee APs are compensated for all losses as per the RP before land acquisition and commencement of civil works on relevant sections and PMCO will verify whether compensation was paid and to the satisfaction of the AP. Detailed budget estimates for involuntary resettlement will be prepared by PIU for each RP. Details in the budget will include the full costs of each item. 69. Where the national law does not meet the replacement cost, this will be supplemented as necessary by the DOR and/or government. Replacement cost is based on market value before the project or dispossession, whichever is higher. 70. The DOR will ensure that funds are delivered on time to the APs. Civil works in relevant sections will not commence unless required compensation payment has been completed. However, income rehabilitation measures may continue and be completed even after civil works has begun. All land acquisition and resettlement assistance will be considered as an integral component of project costs. In cases where compensation is set by the LACFC (when the plot owner does not negotiate directly with DOR) and the replacement value is lower than the prevailing market price, the PMCO will verify the replacement value, and the DOR will pay the difference. Table 7 below shows the estimated budget for implementing RPs for sub-projects.

Table 7: Estimated Resettlement Costs Component Total (US$)

Land acquisition and leasing 50,000 Compensation (land owners/tenants etc) 90,000 Others 10,000 Total 150,000

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IX. IMPLEMENTATION SCHEDULE

71. Land acquisition, compensation and relocation of APs cannot commence until the RP has been reviewed and approved by ADB. The project will be implemented over five years. The process for RP preparation and income rehabilitation measures may continue before and after the civil works has begun. The major activities to be carried out during the project period include: (i) payment of compensation and other allowances before land acquisition and commencement of civil works in relevant sections, (ii) handing over of site to the DOR, and (iii) income restoration assistance.

Table 8: RP Implementation Schedule Feasibility

Study Detailed Design

Contract Bidding

Award for Civil Work Contracts Construction

1Q 2Q 3Q 4Q 5Q 6Q 7Q 8Q 9Q 10Q 11Q 12Q 13Q 14Q 15Q Resettlement Planning Approval of RP by ADB and by MPPW

♦

Disclosure of RP ♦ ♦ Distribution of RP Report and Brochure

♦ ♦

Socio-economic survey by DSC and list of APs

♦ ♦ ♦ ♦

Issue of identity cards

♦ ♦

Identify and confirm poor and vulnerable APs

♦ ♦ ♦ ♦

Form Grivance Redress Committee

♦ ♦

Grivance Redressing Activities

♦ ♦

Land Acquisition, Temporary Land Occupation and Resettlement Announce start date of RP implementation through public notification

♦

Disburse compensation payment and assistance for relocation

♦ ♦

Handing over of lands to the contractor for construction1111

♦

Livelihood and Income Restoration Disburse livelihood restoration assistance

♦ ♦ ♦

11 For components not involving land acquisition, the handing over of project sites to the contractor will be possible

from the first quarter. For the other components involving land acquisition and resettlement, the project sites will be handed over for civil works by the sixth quarter.

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Feasibility Study

Detailed Design

Contract Bidding

Award for Civil Work Contracts Construction

1Q 2Q 3Q 4Q 5Q 6Q 7Q 8Q 9Q 10Q 11Q 12Q 13Q 14Q 15Q Organize skill development training for vulnerable APs

♦ ♦ ♦

Capacity Building All through the RP implementation period Internal monitoring All through the RP implementation period

ADB = Asian Development Bank, AP = affected person, DSC = design and supervision consultant, MPPW = Ministry of Planning and Public Works, RP = resettlement plan. Note: The census will be the cut-off date for non-titled APs. For titled APs, the cut-off date is the date of notification as per the Nepal LA Act (1977). The RP will be updated based on final detailed design and AP census and surveys. Endorsement and disclosure of finalized RPs consistent with the RF to be undertaken.

A. Staff Training in Resettlement Implementation

72. Staff at DOR, DOTM, KMC and PMCO involved in land acquisition and resettlement activities will undergo training in ADB’s safeguards policy and management conducted by the PMCBC’s social safeguards specialist. The training session will focus on the following:

(i) Principles and procedures of land acquisition; (ii) Public consultation and participation; (iii) Entitlements and compensation & assistance disbursement mechanisms; (iv) Grievance redressal; and (v) Resettlement data-base management.

X. MONITORING AND REPORTING

A. Need for Monitoring

73. Monitoring is a major part of the resettlement management system to ensure its goals are met. RP implementation will be monitored internally. The RP implementation activities will be closely monitored internally by the PMCO. 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 utilizing baseline information from sub-project preparation; (iii) overall monitoring to assess AP status; and (iv) preparation of quarterly progress reports to be submitted to PMCO, reporting actual achievements against the targets fixed and reasons for shortfalls, if any. 74. The PIU with support from project management and capacity building consultant (PMCBC) will prepare quarterly progress reports on resettlement activities and submit to PMCO. The PMCO will with assistance from the PMCBC consolidate their reports into semiannual monitoring and submit to ADB. These reports are to describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. Reports to ADB should clarify whether or not resettlement goals have been achieved, more importantly analysis of whether livelihoods and living standards have been restored/enhanced (especially for vulnerable APs) is mandatory and suggestion of suitable recommendations for improvement must be made. Any problems or issues identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning from such issues must be recorded which would help to deal with issues such as these more effectively. B. Internal Monitoring

75. The MPPW through its PMCO will be responsible for internal monitoring. The PIU will provide necessary oversight and monitor the RP implementation at the ground level and submit

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quarterly progress reports to PMCO. Corrective actions will be undertaken, if necessary. This will be done in coordination with the DOR. 76. The PIU 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 a monthly basis. Monitoring will ensure:

(i) That all internal training of relevant safeguards staff occurred; (ii) 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;

(iii) Information campaign and consultation has been carried out with APs; (iv) Status of land acquisition and payments on land compensation; (v) Value of entitlement received is equal to that of original structure or land

acquired; (vi) Effective utilization of entitlements received; (vii) Compensation for affected structures and other assets; (viii) Relocation of APs; if applicable; (ix) Payments for loss of income; (x) That all economic rehabilitation measures are implemented, as approved; (xi) Effective operation of both the Grievance Committees; and (xii) 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.

77. PIU will also be responsible for carrying out field level monitoring through:

(i) Review of census information for all APs; (ii) Consultation and informal interviews with APs; (iii) In-depth case studies; (iv) Informal sample survey of APs; (v) Key informant interviews; and (vi) Community public meetings.

78. A performance data sheet will be developed by PMCO to monitor the project at the field level. Quarterly monitoring reports will be prepared by PIU and submitted to the PMCO for overall project level monitoring. Semi-annual reports will be sent to ADB which report the progress of all aspects of resettlement activities. Monitoring and evaluation reports documenting progress on resettlement implementation and the completion report will be provided by the MPPW to ADB for review. C. Reporting Requirements

79. The PIU will submit monthly progress reports to the PMCO, who will then review and take corrective actions if necessary. The PMCO, with assistance from the PMCBC consultants, will consolidate their reports into semi-annual monitoring and submit to ADB. These reports are to describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. Any problems or issues identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning from such issues must be recorded which would help to deal with issues more effectively.

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ANNEX 1: CENSUS AND BASELINE SOCIO-ECONOMIC SURVEY GUIDELINES

A. Cut-Off Date 1. The cut-off date for titleholders will be the date of notification under the land acquisition act and for the non-titleholders will be the census date. People moving into the sub-project area after this cut-off date will not be entitled to support. Persons, who were not enumerated during the census but can show documentation or evidence that he/she is rightfully an Affected Person (AP), will be included. The Project Management and Capacity Building Consultant (PMCBC) is responsible for such verification. Only those APs within the sub-project impact area will be considered eligible for support under the sub-project. B. Census Requirement and Contents 2. Census of households and individuals located within the subproject has to be undertaken to register and document the status of potentially affected population within the subproject impact area. It will provide a demographic overview of the population covered by the Resettlement Plan (RP) and profiles of household assets and main sources of livelihood. It will cover 100% of the potentially affected population within the sub-project impact area.

(i) Resource Base. The resource base including land, water, and forest, etc., with an assessment of its development and ecological potential in the pre-project conditions. During the conduct of the census, legal boundaries of affected properties and the right of way (ROW) are to be verified. Structures, trees and other assets are to be recorded.

(ii) Economy Base. The economy base of the affected people including the modes and magnitude of production, consumption pattern, related economic institutions.

(iii) Household Census. Household census covering immovable property owned by the APs and other resources in their possession/use. These surveys would be carried out in association with local and host communities as well as with the local representatives.

(iv) Social Structures. The social structure, norms, customs, cultural centers, traditions, patterns of leadership and institutions of social network.

(v) Affected Persons. The census will prima-facie identify tenants, leaseholders, sharecroppers, encroachers, squatters, and agricultural workers. During such census, those APs dependent on the existing infrastructure link for their livelihood, shall also be identified and listed along with their identified income. Besides this, the census will also identify APs who are from Scheduled Tribes (STs), and vulnerable APs such as the poor, female-headed, old, handicapped, infirm, orphaned, and destitute.

C. Census Procedures 3. The following procedure is to be adopted in carrying out the census:

(i) Preliminary screening to provide initial information on social impacts; (ii) Verification of legal boundaries of the sub-project area, to document existing

structures, land plots, and others physical assets. This involves: (a) Identification of suitable resettlement sites, in close proximity to the

affected area if required;

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(b) All encroachments, private land holdings and others assets in the sub-project area is to be documented;

(c) Assets, structures, land holdings, trees, etc. to be recorded; (d) All information is to be computerized; photography to be used to

document existing structures; and (e) List of transports with wage earners (drivers, conductors, etc)

(iii) The baseline socio-economic survey shall cover information on the various categories of losses and other adverse impacts likely under the sub-project;

(iv) The census will identify potentially affected populations with special attention to vulnerable groups; and

(v) Assessment on the value of various assets to be made. D. Database Management 4. Data Sources. As a pre-requisite for conducting the primary household surveys, relevant information is to be collected from secondary sources. These include:

(i) Revenue records maintained, with regard to land particulars for facilitating acquisition of properties and resettlement of displaced;

(ii) Census records for demographic information; (iii) Development agencies to get information on various development programs for

special sections of population like those living below poverty line, Scheduled Tribes, Schedule Castes, etc.; and

(iv) Local organizations including non government organizations (NGOs) in order to involve them and integrate their activities in the economic development programs of the displaced population.

5. Data Collection. Household level contacts and interviews with each affected family for completing the household socio-economic profile. Each of the households surveyed and the structure/land likely to be affected by the sub-project has to be numbered, documented and photographed. Public consultation exercises in different sub-project areas to be conducted with the involvement of Affected Persons. In these exercises, women among the Affected Persons are to be involved to elicit their views and options on the overall planning of resettlement activities. Discussions with a cross-section of affected population will help towards understanding the problems and preference of the APs. 6. Data Analysis. The analysis would cover the following: population, population density, age, sex ratio, literacy rates/education, gender issues, tribal issues, religious groups, income, occupation and poverty line. 7. Data Update. Since there is generally a time gap between the census and land acquisition procedure, it implies that actual physical relocation of APs may be delayed. Therefore, it is suggested that PIUs or NGOs responsible for implementation of RP, should conduct a rapid appraisal to continuously update information.

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ANNEX 2: RESETTLEMENT SUPERVISION MILESTONES

No. Resettlement Tasks Target Responsible Completion

Status and Additional Deadlines

1. Disclosure 1.1 Information booklet # of copies 1.2 Resettlement plan distribution to

resettlement offices/villages/APs # of copies

1.3 RP placed on ADB website 2. Detailed Measurement Survey (DMS) 2.1 Updated RP based on DMS

Distribution to resettlement offices/villages/APs # of copies

2.2 Updated RP based on DMS 3. Detailed Rehabilitation Plans 3.1 Initial village rehabilitation plans (if applicable) # of villages 3.2 Refined village rehabilitation plans (if applicable) # of villages 3.3 Farmland adjustment agreements (if applicable) 3.4 Assistance for Vulnerable Groups # of APs 3.5 Technical training plan for AF # of APs 4. Resettlement Plan and Budget # of APs 4.1 Complete redline survey (map) 4.2 Approval of RP & budget 4.3 Approval of compensation rates 4.4 Staking survey 5. Compensation Agreements 5.1 Village agreements # of villages 5.2 Enterprise agreements # of businesses 5.3 Household agreements # of APs 6. Implementation Capacity 6.1 district resettlement staff # of staff 6.2 Designate KMC representatives # of staff 6.3 Training of staff # of staff 6.4 Setting up grievance redress # of staff 7. Monitoring and Evaluation 7.1 Baseline survey Sample 7.2 Set-up internal supervision As per RP 7.3 Contract external monitor (though external

monitoring not relevant in this project) As per RP

7.4 Internal monitoring reports Quarterly 7.5 External monitoring reports Semi-annual 7.6 Evaluation reports (tracer surveys) Annual 7.7 Resettlement Completion Report 8. Documentation of Consultation As per RP 9. Documentation of Grievances As required

10. Flow of Funds / Compensation 10.1 Executing or Implementing Agency 10.2 Project Management Office – Resettlement

Unit or NGO Resettlement Implementer

10.3 To affected households # of APs 11. Commence Resettlement 11.1 Land acquisition # of hectares 11.2 House removal # of APs ADB = Asian Development Bank, AP = affected person, DMS = detailed measurement survey, KMC = Kathmandu Metropolitan City, NGO = nongovernmental organization, RP = resettlement plan.

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ANNEX 3: INVOLUNTARY RESETTLEMENT SCREENING/ CATEGORIZATION

Probable Involuntary Resettlement Effects Yes No Not

Known Remarks

Involuntary Acquisition of Land

1. Will there be land acquisition? No

2. Is the site for land acquisition known? Not Known

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

Not known

4. Will easement be utilized within an existing Right of Way (ROW)?

Yes

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

No

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

No

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

Not known

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

Not known

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

No

Involuntary restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, communal facilities and services?

Not known

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

No

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

No

Information on Displaced Persons: Any estimate of the likely number of persons that will be displaced by the Project? [ N ] No [ ] Yes

If yes, approximately how many? ______________________

Are any of them poor, female-heads of households, or vulnerable to poverty risks? [ ] No [ Y ] Yes

Are any displaced persons from indigenous or ethnic minority groups? [ N ] No [ ] Yes

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ANNEX 4: IP IMPACT SCREENING CHECKLIST OF SAMPLE SUB PROJECTS

IP Impact Screening Checklist for the Two Pilot Routes in Kathmandu

Impact on the indigenous peoples (IPs)/Ethnic Minority (EM) Yes No Remarks or identified problems, if any

Are there any IPs or EM groups present in the project locations?

No

Do they maintain distinctive customs or economic activities that may make them vulnerable to hardships?

No

Will the project restrict their economic and social activity and make them particularly vulnerable in the context of the project?

No

Will the project change their socio economic and cultural integrity?

No

Will the project disrupt their community life? No Will the project positively affect their health, education, livelihood or social security status?

No

Will the project alter or undermine the recognition of their knowledge, preclude customary behaviours or undermine customary institutions?

No

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?

No

EM = ethnic minority, IP = indigenous peoples.