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Due Diligence Report Social Safeguards Document Stage: Draft for Discussion Project Number: 39295-013 October 2017 BAN: Third Urban Governance and Infrastructure Improvement (Sector) Project (UGIIP-III) (Window B) Shibchar Pourashava Roads and Drainage Improvement Subproject (Phase 2) Package Number: UGIIP-III-2/W-B/SHIB/ (UT+DR)/01/2016 Prepared by the Local Government Engineering Department, Government of Bangladesh, for the Asian Development Bank. This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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Due Diligence Report – Social Safeguards

Document Stage: Draft for Discussion

Project Number: 39295-013

October 2017

BAN: Third Urban Governance and Infrastructure Improvement (Sector) Project (UGIIP-III) – (Window B) Shibchar Pourashava Roads and Drainage Improvement Subproject (Phase 2)

Package Number: UGIIP-III-2/W-B/SHIB/ (UT+DR)/01/2016 Prepared by the Local Government Engineering Department, Government of Bangladesh, for the Asian Development Bank. This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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CURRENCY EQUIVALENTS

(as of February - 2017) Currency Unit = Tk.

Tk.1.00 = $0.0126 $1.00 = Tk. 78.95

ABBREVIATIONS

ADB –- Asian Development Bank AP – Affected Person

ARIPO – Acquisition and Requisition of Immovable Properties Ordinance CCL – Cash Compensation under Law DC – Deputy Commissioner

DDR –

Due Diligence Report DPHE Department of Public Health Engineering EMP – Environmental Management Plan FGD – Focus Group Discussion GICD

– Governance Improvement and Capacity Development

GRC Grievance Redress Cell GRM – Grievance Redress Mechanism

IR – Involuntary Resettlement LGED – Local Government Engineering Department PDB – Power Development Board PIU – Project implementation unit PMU – Project Management Unit PPTA – Project Preparatory Technical Assistance ROW – Right Of Way

RF – Resettlement Framework RP – Resettlement Plan

SPS – Safeguard Policy Statement ToR – Terms Of Reference

RCC Reinforced Cement Concrete

CC Cement Concrete

BC Bituminous Carpeting

HBB Herring Bone Boned

GLOSSARY OF BANGLADESHI TERMS

I core – 10 million (= 100 lakh)

Ghat – Boat landing area along a river

Hat, hut, or haat – Market (bazaar) operating certain afternoons during the week when sellers establish temporary shops. There are also some permanent

shops in a Hat. Markets usually represent a significant source of income for municipalities

Hartal – General strike

Khal – Drainage Ditch/Canal

Khas or khash – Land/Property Belonging To Government

Kutcha, katchha or kacca – Structures Built Without Bricks And Mortar Or Without Concrete

Lakh or lac – 100,000

Moholla or mohalla – Sub-Division Of A Ward

Mouza map – Cadastral Map Of Mouza Showing Plots And Their Numbers

Nasiman – A 3-Wheeler Motorized Vehicle

Parshad – Councilor

Pourashava or Paurashava – Government-Recognized Land Area

Pucca or Puccha, puccha – Structures Built Partly With Bricks And Mortar Or Concrete

Thana – Police station

Upazila – administrative unit below the district level. A district is called a

Zila

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WEIGHTS AND MEASURES

Km – kilometer M – meter m2 – square meter Mm – Millimeter m3 – cubic meter

NOTES

(i) In this report, “$” refers to US dollars, (i) BDT refers to Bangladeshi Taka

This social safeguard assessment- Due Diligence Report (DDR) 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.

In preparing any country program or strategy, financing any Project, or by making any

designation of or reference to a particular territory or geographic area in this document, the

Asian Development Bank does not intend to make any judgments as to the legal or other

status of any territory or area.

PREFACE

The premises of this Due Diligence Report (DDR) are the MDS Consultant services

presentation of an analysis of data and conclusions, together with its appendices. While MDS

consultants have been deputed to assist the Pourashava/Executing Agency (EA) for the

preparation of the DDR, the responsibility and ownership of the DDR rest with the EA.

The key elements of the Due Diligence Report focus on: Assessment of Compliance

Guidelines of Social Safeguards according to ADB and GoB policy.

DISCLAIMER

This Due Diligence Report (DDR) of Shibchar Pourashava under Third Urban Governance and

Infrastructure Improvement (Sector) Project (UGIIP-III (W-B) has been prepared under the

guidance of Team Leader and Deputy Team Leader of MDS consultant. All the data used to

prepare this Due Diligence Report (DDR) have been collected from the Pourashava

Development Plan (PDP). Some of the information’s have also been collected from the Pourashava personnel over telephone. Moreover some information’s have been collected by the respective experts of MDS consultant through intensive field visit which have been used in

writing this report. If any information or data or any other things coincide with other Project

documents that are beyond our knowledge and fully coincidental event and we express

apology for that.

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Executive Summery

Cities in Bangladesh are growing at an unprecedented speed. Bangladesh’s urban population has grown rapidly and has reached 50 million. Rapid urbanization, while improving economic

productivity through agglomeration benefits, is placing severe strains on the natural

environment and is fuelling demand for urban infrastructure and services. One principal cause

of such rapid growth is the presence of better opportunities spanning economic,

communication, education, health and other social aspects in the urban areas. It is worth

noting that by one account, in countries of Bangladesh’s standing, around 55-60% of a

country’s aggregate economic activities takes place within the urban confines.

Poverty rates of Shibchar, Mymensingh districts and Rangpur region’s are above 50 %, which is much higher than the national average 40% (BBS 2005). In this context, the Government of

Bangladesh set a strategy to reduce the regional disparities; thus Third Urban Governance and

Infrastructure Improvement (Sector) project (UGIIP- III) is keen to accomplish the plan.

The project is being implemented as a sector loan approach with financial assistance of Asian

Development Bank (ADB); ADB Loan NR-3142 BAN (SF)/1626P together with co-financing

from OFID to improve governance and urban service provision in two sets of Pourashavas

over a period of 6 years (2014 to 2020). The first set is 31 pre-selected target Pourashavas are

marked as Window-A Pourashava, in which full set of support will be provided under the

project. The 2nd set of Pourashava that have been selected through the performance

evaluation of governance improvement, have been undertaken for improvement in phase-2,

are called – Window B Pourashava and will be financed at a prescribed allocation for

infrastructure (i.e. roads & drains) development in phase-2 under UGIIP-III.

This Due Diligence Report has been prepared for Shibchar Pourashava; Package Nr: UGIIP-

III-2/W-B/SHIB/ (UT+DR)/01/2016 that aims to improve roads and drainage system. The

schemes are (i) improvement/construction of 9 roads of length 7981 metre (including 325

Street Lights) and 03 drains of length 1440 metre. The report is prepared based on the

feasibility study and details engineering designs developed by MDSC design team and field

verifications occurred by the MDS Social Safeguard team.

During field visit, it was found that people of Shibchar Pourashava expressed dissatisfaction of

service of the Pourashava. Peoples welcomed ADB funding for Development of infrastructure

in the Pourashava especially roads, drains & Street Lighting. Improvement of roads and

drainage is a long felt popular demand of the Pourashava people. Shibchar is a flood prone

area and is being frequently affected by flood during monsoon; roads & houses of low lying

areas are inundated. Improvement of the roads and drains will help smooth transportation

movement and will have positive impact on employment, creation of better business

environment, marketing of agricultural products and promoting education facilities as well as

health facilities. All these factors have incremental value on socio-economic aspects in general

and social aspects in particular.

A project-specific grievance redress mechanism (GRM) has been established at Shibchar

Pourashava to receive, evaluate, and facilitate the resolution of AP’s concerns, complaints,

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and grievances about the social and environmental performance. The GRM aims to provide a

time-bound and transparent mechanism to voice and resolve social and environmental

concerns linked to the project.

No private land and homesteads on the road sides have been kept unaffected and out of

purview of involuntary resettlement for the construction of the road. There are no religious

institutes, archaeological sites and protected areas, wetlands, mangroves, or estuaries in or

around the sub-project location. There are no forest areas within or near the Pourashava.

Important findings of the study in connection to social safeguard issues are (i) improvement of

the roads will be carried out on the existing alignments and will not require land acquisition and

thus no IR will be occurred due to expansion of the roads and drains; (ii) no road needs

resettlement, dislocation or relocation. So only 04 (Fore) strip maps are provided as a sample;

(iii) there is no structure, houses, shops, trees or any other establishments on the ROWs of the

proposed roads and drains alignments; (iv) the required land for construction work is owned by

Shibchar Pourashava; (v) there is no possibility of any adverse impact in terms of losing

income or livelihood; (vi) as a result no dislocation, demolition of houses or structures will be

required due to the development activities; (vii) the local people unanimously welcomed the

Project and showed positive attitude to the improvement of the proposed Sub-Project. None

was found to oppose the Sub-Project; (viii) urban residents and the rural residents in

surrounding hinterland will benefit from improvement of the propose roads for creating better

access to urban markets & social services provided in the Project town; (ix) no potential

negative impact could be identified and (x) business or economic activities will not be impeded

resulting losses in income or asset.

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Table of Contents Executive Summery .............................................................................................................................................. iv

I. INTRODUCTION .......................................................................................................................................... 1

II. SUBPROJECT DESCIPTION........................................................................................................................ 3

III. DUE DILIGENCE ........................................................................................................................................ 25

IV. FINDINGS .................................................................................................................................................... 28

V. FUTURE CONSULTATIONS AND DISCLOSURE .................................................................................. 37

VI. MITIGATION OF SOCIAL CONCERNS ................................................................................................... 40

VII. CONCLUSIONS .......................................................................................................................................... 40

VIII. APPENDIX 1: RECORDS OF PUBLIC CONSULTAION IN SHIBCHAR POURASHAVA .................. 42

IX. Appendix 2: Involuntary Resettlement Impact Assessment Checklist (Shibchar Pourashava) .................... 55

X. Appendix 3: Indigenous People Check List/Small Ethnic Communities (SEC) Impacts .......................... 62

XI. Appendix 4: Sample Grievance Registration Form ...................................................................................... 65

XII. Appendix 5: Grievance Redress Form (Bangla Version) .............................................................................. 66

XIII. Appendix 6: Land Ownership Certificatie of Shibchar Pourahsava ............................................................. 67

XIV. Appendix 7: Photographs of proposed roads and drains alignments of Shibchar Pourashava under Phase 2

of UGIIP-III (W-B). ...................................................................................................................................... 69

List of Figures

Figure- 1: Location Map of Shibchar Pourashava .................................................................. 11

Figure- 2: Location of Subproject Roads ,Drains and Street Light in Shibchar pourashava. .... 15

Figure- 3: Strip map of Roads and Drains. ............................................................................. 19

Figure- 4: Implementation work Schedule ............................................................................... 20

Figure- 5: Typical Roads and Drains Section .......................................................................... 24

Figure- 6: Affected Person Grievance Redress System .......................................................... 39

List of Tables

Table- 1: Proposed Roads and Drains Components in Shibchar Pourashava (Phase -2) ......... 4

Table- 2: Assessment of Social Safeguard Impacts of Shibchar Pourashava Subprojects Roads (Including Street Lighting) & Drains. ..................................................................... 30

Table- 3: Social Safeguards Cost Relevant to Subproject Implementation.............................. 36

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I. INTRODUCTION

1. In the past, unplanned urbanization led to negative externalities and suboptimal economic and development outcomes in Bangladesh. Inadequate infrastructure, poor urban service delivery, and environmental degradation are becoming increasingly evident as a result of ineffective urban planning, low urban infrastructure investments, and uncontrolled urban growth. Municipality is supposed to serve for ensuring public affair and public health. By the law, City Corporation and municipality have been given the authority to ensure the improved roads, drains, street light, overall the safety and healthy environment for its dwellers. But most of the municipalities do not have enough fund and capacity to render necessary services for their city dwellers. Considering this, the subprojects have been selected for Shibchar Pourashava. Several stages and participatory processes have been followed to select the subproject.

2. After the successful implementation of Urban Governance and Infrastructure Improvement Projects (UGIIP I and II) in the selected Pourashavas, the Local Government Engineering Department (LGED) has planned to implement a similar project (UGIIP-III) over a period of 6 years (2014 to 2020). Two sets of municipalities are included in the project. The first set is 31 pre-selected target Pourashavas marked as Window-A Pourashava, in which full set of support will be provided under the project.

These municipalities included are:

• Three (3) sample PSs: 1) Naogaon 2) Magura and 3) Lalmonirhat. • Seven (7) non-sample priority PSs: 4) Kishoreganj, 5) Muktagachha, 6) Netrokona, 7)

Sherpur, 8) Bera, 9) Charghat and 10) Rajbari. • The remaining twenty one PSs (target PSs): 11) Chapai Nawabganj, 12) Chuadanga, 13)

Moulvibazar, 14) Laxmipur, 15) Shahjadpur, 16) Joypurhat, 17) Laksham, 18) Chhatak, 19) Rangamati, 20) Ishwardi, 21) Meherpur, 22) Nabinagar, 23) Panchagarh, 24) Jessore, 25) Bandarban, 26) Khagrachhari, 27) Kotalipara, 28) Nilphamari, 29) Hobiganj, 30) Benapole and 31) Tungipara.

3. On the other hand 20 additional Pourashavas selected based on the evaluation of their UGIAP performance for financing in phase-2 of UGIIP-III are termed as Window-B Pourashava. It would allow prescribed allocation for infrastructure development from the project fund for 2016-17.

• This Window-B additional municipalities are: 1) Jamalpur, 2) Chandpur, 3) Chowmohani, 4) Munshiganj, 5) Tarabo, 6) Belkuchi, 7) Bonpara, 8) Savar, 9) Jhalokathi, 10) Taherpur, 11) ) Keshabpur, 12) Singra, 13) Patuakhali, 14) Narail, 15 Shahrasti, 16) Jhenaidah, 17) Basurhat, 18) Shibchar , 19) Borhanuddin, 20) Kakonhat.

4. The roads & drains subproject of Shibchar Pourashava is one of the Subprojects proposed for financing under Window-B of UGIIP III. ADB requires the consideration of Social Safeguard issues in all aspects of the Bank’s operations, and the requirements for Social Safeguard assessment are described in ADB’s Safeguard Policy Statement (SPS), 2009. This Initial Social Safeguard Examination study was carried out based on the feasibility study and detail engineering designs prepared during project preparation and may be updated during implementation stage to reflect any changes and latest subproject designs need.

5. During field visit, it was found that people of Shibchar Pourashava expressed dissatisfaction of poor service of the Pourashava especially for bad condition of the roads and insufficient drains. Existent drains are not cleaned at regular basis, so they are clogged and water logging occurred. Improvement of roads and drainage is a long felt popular demand of the Pourashava. Shibchar Pourashava is a flood prone area and is being frequently affected by flood during monsoon season; roads, drains and houses of low lying areas are inundated. The RCC and bituminous roads are broken and earthen part of the roads are also filthy that made the inhabitants’ misery and the roads are not remained in the position to use.

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Improvement of the roads and drains will help smooth transportation movement and may have positive impact on employment, creation of better business environment, marketing of agricultural products and promoting education facilities as well as health facilities. All these factors have incremental value on socio-economic aspects in general and social aspects in particular.

6. Once the subproject of Shibchar Pourashava is implemented, the impact will be improved living environment in the pourashava. Full sets of support has been providing to 31 pre-selected project towns in an integrated manner whereas only roads and drains improvement will be provided to 20 project towns under the project as Window-B Pourashava. The Social Safeguard Plan for roads & drains of Shibchar Pourashava has been prepared following the PPTA format.

7. During Project preparation, resettlement plans (RPs) were prepared for 3 sample Pourashavas covering roads, drainage, kitchen market and solid waste management Subprojects. The RPs concluded that the Project will have only temporary impacts and as the window- B Pourashavas are similar to those of window-A therefore, UGIIP-III window-B (W-B) pourashavas has been categorized as resettlement Category B as per ADB SPS 2009. As a basic development principle, significant resettlement impacts (Category A type Project) should be avoided to the extent possible in future Subprojects. For any components, the social and resettlement assessments documents will be formulated and approved by ADB before any physical activities start.

8. This report has been prepared for Roads and Drainage Improvement subprojects of Shibchar Pourashava in phase-2. The Pourashava has proposed 01 (One) Package consisting of 12 schemes (9 roads and 3 drains). After selection and completion of the designs of the proposed schemes, the safeguard team of the Management, Design and Supervision Consultants (MDSC) conducted resettlement and social impact assessments through thorough investigation of different social safeguard issues including land acquisition and resettlement requirements as per ADB’s Safeguard Policy Statement (SPS, 2009). The Due Diligence Report for Shibchar Pourashava has been prepared based on the feasibility study and detailed engineering designs.

9. During investigations, it was revealed that the roads and drains proposed for improvement under the package will be implemented on the existing alignment of roads and drains and due to the improvement/ construction of the aforesaid roads and drains it is expecting not to have any physical or any economic displacement of any people as there is no possibility of land acquisition and no structure affected, none found to require relocation, and consequently no involuntary resettlement (IR) impact are anticipating thus the Subproject is classified as Category C for IR. Under the circumstances, this report may be treated as due diligence report (DDR) with respect to social safeguard issues for the concern sub-project.

B. Institutional Set-up

10. The Local Government Engineering Department (LGED) and the Department of Public Health Engineering (DPHE), both under the Local Government Division (LGD) of the Ministry of Local Government, Rural Development and Cooperatives (MLGRD&C) and having extensive experience in managing urban and water supply Projects financed by ADB, are the executing agencies of the Project. The participating Pourashavas are the implementing agencies (IA) with a Project implementation unit (PIU) within the Pourashava structure. Implementation activities will be overseen by a Project Management Unit (PMU). Management, Design and Supervision Consultants (MDSC) and Governance Improvement and Capacity Development Consultants (GICDC) teams will provide support for (i) detailed engineering design, contract documents preparation and safeguards facilitation; (II) Project management and administrative support; (iii) assistance in supervising construction; (iv) awareness raising on behavioural change activities. Safeguards officers have been appointed in PMU and PIUs

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and are responsible to undertake day to day safeguards tasks and requirements including implementation of Project’s grievance redress mechanism.

II. SUBPROJECT DESCIPTION

11. Location: Shibchar pourashava establishes in 1997.It is an “A” category Pourashava located at Shibchar Upazila head quarters (H.Q) in Madaripur district under Dhaka division the area of Shibchar Pourashava is 8.75 sq. km, has a population of 36000.It Consists of 09 (nine) wards. The rate of Education is 45% in Shibchar Pourashava. The river “ARIAL KHA” flows through the Pourashava.

12. The Component: To cope with the demand of increasing population in the Pourashava area, rapid development of different civic facilities for the city dwellers has now become imperative. Under the circumstances, these Subprojects have been proposed comprising improvement/ construction of 9 roads (including 325 Street Lights) and 03 drains Under the Package. The components of the subproject, is shown in Table 1, are (i) improvement/ construction of 9 roads of length 7981 metre and 03 drains of length 1440 metre. The Table 1 also shows the social safeguard and ownership of land issue.

13. The Subproject went through the process of meeting the selection criteria (general and technical), environmental and social safeguard screening and conforming to the TLCC and drainage master plan prepared during UGIIP-II. Locations and sitting of the proposed infrastructures considered: (i) locating components on government/Pourashava owned land and/or within existing right-of-way (ROW) to reduce acquisition of land, (II) prioritizing rehabilitation/ improvement over new construction; (iii) taking all possible measures in design and selection of sites to avoid resettlement impacts; (iv) avoiding where possible locations that will result in destruction/disturbance to historical and cultural places/values; (v) avoiding tree-cutting where possible; and (vi) ensuring all planning and design interventions and decisions are made in consultation with local communities and reflecting inputs from public consultation and disclosure for site selection.

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Table- 1: Proposed Roads and Drains of Shibchar Pourashava (Phase -2)

Package Nr. UGIIP-III (W-B)-2/SHIB/UT+DR/01/2016

Sl. No.

PDP No

Subproject Schemes (Description) Length

(m)

Existing Paved/drai

n width (m)/mm

Proposed Paved width

(m)/mm

Full Width (m/mm)

Possible Social Impact / IR impact Land

Ownership

01 TLCC

Improvement of road by BC starting from shadhinotha sreety stambo more(College gate) to Shuibbrayekandi dauble bridge via shibrayekandi (Ch 00-1640m0 under shibchar pourashava ,madaripur.

1640 3.00 4.50 5.60

• No IR impacts • No requirement for land acquisition • Temporary disturbance of Pedestrians and vehicle to be address of on the Subproject E.M.P.

Pourashava

02 TLCC

Improvement of road by BC starting from muktijodda mr. kamruzzaman house more to thana more via proposed shibchar stadium (Ch-620m)under shibchar pourashava ,madaripur.

620 2.50 3.50 3.50

• No IR impacts • No requirement for land acquisition • Temporary disturbance of Pedestrians and vehicle to be address of on the Subproject E.M.P.

Pourashava

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Sl. No.

PDP No

Subproject Schemes (Description) Length

(m)

Existing Paved/drai

n width (m)/mm

Proposed Paved width

(m)/mm

Full Width (m/mm)

Possible Social Impact / IR impact Land

Ownership

03 TLCC

(A) Improvement of road by RCC starting from mohoriputty sub-registry oddice (Near shop of Rizu) to kutabpur road more H/O Noor mohamad master (Ch-0-580m) (B) Improvement of road by RCC starting from Jail khana road Talar ghat more to slaughter house (Ch-0-150m) (C) Improvement of road by RCC starting from Near H/O Dr. bader uddin Ch.-0-155m. under shibchar pourashava ,madaripur.

885 3.00 3.00 4.90

• No IR impacts • No requirement for land acquisition • Temporary disturbance of Pedestrians and vehicle to be address of on the Subproject E.M.P.

Pourashava

04 TLCC

(A) Improvement of road by BC starting from T&T more(DIG market to Jadurchar Bridge (Ch. 0-685m) (B)Improvement of road by RCC starting from adurchar Bridge to H/O of Dr. Salim mia(Ch.-685-925m)under shibchar pourashava ,madaripur.

925 2.50 4.50 6.80

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of physical or economic displacement or losing income or livelihood. In fact land is available for expansion of the road within ROW. • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Pourashava

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Sl. No.

PDP No

Subproject Schemes (Description) Length

(m)

Existing Paved/drai

n width (m)/mm

Proposed Paved width

(m)/mm

Full Width (m/mm)

Possible Social Impact / IR impact Land

Ownership

05 TLCC

Improvement of road by RCC starting from Borhamgang govt. Collage mosque more to Hatirbagan more Girls School road via pannu khan mosque(Ch.-0-666m)under shibchar pourashava ,madaripur.

666 2.00

2.00 2.50

• No IR impacts • No requirement for land acquisition • Temporary disturbance of Pedestrians and vehicle to be address in the Subproject E.M.P.

Pourashava

06 TLCC

Improvement of road by RCC starting from Sarak-71 Kabir maharun kinder Gaden more to mohorie potty mr. kalay shak house via nandokumar road (Ch.0-350m )under shibchar pourashava ,madaripur.

350 2.40

2.50

2.60

• No IR impacts • No requirement for land acquisition • Temporary disturbance of pedestrians and vehicle to be addressed in the Subproject E.M.P.

Pourashava

07 TLCC

Improvement of road by RCC starting from back side of Papilla complax shasto coloni starting from near H/O mr. Samsul haque to arialkha river )near H/O mr. Omur faruk) Ch.-0-335m) under shibchar pourashava ,madaripur.

335 2.00

2.00

2.50

• No IR impacts • No requirement for land acquisition • Temporary disturbance of Pedestrians and vehicle to be address in the Subproject E.M.P.

Pourashava

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Sl. No.

PDP No

Subproject Schemes (Description) Length

(m)

Existing Paved/drai

n width (m)/mm

Proposed Paved width

(m)/mm

Full Width (m/mm)

Possible Social Impact / IR impact Land

Ownership

08 TLCC

Improvement of road by CC starting from thana road to Mr. Shajahan moll house (Ghuatala mosque to back side of Giral collage ner babu Bari Ch.0-260m under shibchar pourashava, Madaripur.

260 2.50 3.00 3.00

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of physical & economic displacement or losing income or livelihood. In fact necessary land is available for construction of the drain within the ROW. • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Pourashava

09 TLCC

Improvement of road by BC starting from shibrayerkadi Double bridge more to Awamelig Office more Thana road Ch.0-2300m under Shibchar pourashava ,Madaripur.

2300 3.90 3.90 6.45

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of physical & economic displacement or losing income or livelihood. In fact land is available within ROW for construction of the drain. • Temporary disturbance for pedestrians and movement of vehicles to be

Pourashava

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Sl. No.

PDP No

Subproject Schemes (Description) Length

(m)

Existing Paved/drai

n width (m)/mm

Proposed Paved width

(m)/mm

Full Width (m/mm)

Possible Social Impact / IR impact Land

Ownership

addressed in the Subproject E.M.P.

1 TLCC

Construction of RCC Drain Starting from Thana road mr.shajan molla house (Ghuatall mosque to motahar kazi mosque via akter Councilar hou(Ch.-0-600& (B) Construction of RCC Drain Starting In front of H/O Sudarshon Ch.0-50m) under Shibchar pourashava ,Madaripur.

650 0.300 Earthen

0.900 3.00

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of physical & economic displacement or losing income or livelihood. In fact, land is available within the ROW for construction of the drain. • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Pourashava

02 TLCC

Construction of RCC Drain Starting from kabir Maharun kinder Garden 9Near H/O mr. Emded Bapary) to moynakhata river via shope of Rizu Ch.-0-440m. & (B) Link drain food godaun to shop of Rizu Ch.-0-43m in Shibchar pourashava ,Madaripur.

483 0.300 Earthen

0.900 3.00

• No IR impacts • No requirement for land acquisition • Temporary disturbance of Pedestrians and vehicle to be address in the Subproject E.M.P.

Pourashava

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Sl. No.

PDP No

Subproject Schemes (Description) Length

(m)

Existing Paved/drai

n width (m)/mm

Proposed Paved width

(m)/mm

Full Width (m/mm)

Possible Social Impact / IR impact Land

Ownership

03 TLCC

Construction of RCC Drain Starting from Back side of UPazilla Complex shasto coloni starting from near H/O Omar Faruk Ch.-0-345m in Shibchar pourashava ,Madaripur.

345m 0.250 0.900 3.00

• No IR impacts • No requirement for land acquisition • Temporary disturbance of Pedestrians and vehicle to be address in the Subproject E.M.P.

Pourashava

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14. The components of the Subproject seek to upgrade and expand the urban services. The roads and drains are located in different wards of the Pourashava. The proposal is concerned with activities, which address the most acute needs for better urban services and facilities to inhabitants of the Town/Pourashava. Figure-1 shows the location of Shibchar Pourashava in Bangladesh map and also in Google map and Figure-2 shows the location of Subproject’s schemes (alignment of roads, drains and Street light proposed under the Subproject. The roads do not need resettlement, replacement or relocation. Strip diagram of roads, and drains are given as samples in Figures- 3. Figure - 4 shows the tentative implementation schedule and Figure-5 shows the cross section of roads and drains.

15. The roads proposed are all existing internal service roads. Most of the roads are lower than the houses beside them. So, water from houses flow over the roads and as a result, the roads damage. There are low lying areas and ditches by the side of many roads needing retaining walls or mild slope for protection of road embankments including shoulders. All the roads will be improved by DBC, CC & RCC.

16. The Subproject contains drains to be constructed along the edge of the roads. All the drains will be constructed with RCC. Appendix - 7 provides photographs of proposed road and drain alignments of Shibchar Pourashava under Phase 2 of UGIIP-III (W-B).

17. Implementation Schedule. Substantial time is required spanning the continuum of subproject preparation, approval, survey, design & estimate, contract award and contract execution. Efforts need to be made to follow the schedule of timely implementation of work. Normally the construction work season in Bangladesh runs from November through May (eight months). The Construction works are sometimes impeded for the following reasons:

• Early floods in April/May,

• Late floods in September/November,

• Natural calamities (cyclone/tornado, excessive floods) occur in April/May and

September/November.

18. Normally, the best construction period is only for 6 months a year (November to March). The construction period is sometimes squeezed to 4 months due to natural calamities. However, sometimes, based on time constraint or expediency, construction work may even need to be carried out in the monsoon. Whenever possible, parallel activities can be implemented and consequently, quantum of work can be maximized through efficient planning and adoption of best available practices.

19. Considering the above facts, it has been estimated that the implementation of Shibchar Pourashava phase-2 (i.e. roads and drains) will be completed within 12 months. A tentative time-schedule for implementation (only as an indication) is shown below in Figure 4 for period January, 2017 to June 2018 and Figure-5 Shows the typical cross-section of road and drains.

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Figure- 1: Location of Shibchar Pourashava in Bangladesh map

Shibchar P.S

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Location of Shibchar Pourashava in Google map

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Maps showing Proposed Roads (Phase-2)

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Maps showing Proposed Drains (Phase-2)

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Maps showing Proposed Street Light (Phase-2)

Figure- 2: Location of Subproject Roads ,Drains and Street Lights in Shibchar pourashava.

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Strip map of Road

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Strip map of Road

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Strip map of Drain

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Strip map of Drain

Figure- 3: Strip map of Roads and Drains.

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Sub-projects Implementation schedule for Package Nr. UGIIP-III-2-W-B/SHIB/UT+DR/01/2016

Period : January '2017 – June '2018

YEAR

2017 2018

MONTH MONTH

Item of works 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6

Compliance of Sub-project

and approval

Preparation of the bid

documents

Tendering of the sub-project

and the work order

Execution of physical works

Final inspection and

completion certification

Figure- 4: Implementation work Schedule

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Typical Road Sections (Bituminous Carpeting Road)

Typical Road Sections (Concrete Road)

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Typical Drain Cross Section

Figure- 5: Typical Roads and Drains Section

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III. DUE DILIGENCE

A. Objectives of the Study/ Investigation

20. This Due Diligence Report has been prepared to meet the following objectives:

• Thorough assessment of social safeguard issues and impacts. The major objective of

the above study/ investigations was to assess and identify all the possible

socioeconomic and resettlement impacts including impacts on women, poor and

vulnerable.

• To plan to avoid, minimize, mitigate or compensate for the potential adverse impact.

• To describe the extent of land acquisition and involuntary resettlement impacts.

• To inform and consult the affected people to make them aware about the Project

activities and take feedback to prepare safeguard plans summarizing mitigation

measures, monitoring program/ mechanism, institutional arrangement and presenting

budget for resettlement.

• to describe the likely economic impacts and identified livelihood risks of the proposed

Project components;

• to describe the process undertaken during Project design to engage stakeholders and

the planned information disclosure measures and the process for carrying out

consultation with affected people and facilitating their participation during Project

implementation;

• to establish a framework for grievance redress m e c h a n i s m for affected person

(APs)

• to describe the applicable national and local legal framework for the Project, and define

the IR policy principles applicable to the Project;

• to define entitlements of affected persons, and assistance and benefits available

under the Project;

B. Methodology used for Assessing Land Acquisition and Resettlement

21. Data collection. Necessary data regarding social, economic and gender information has been collected primarily through desk work, field visits to the proposed Subprojects item and one-on-one interviews with stakeholders.

22. Stakeholders and public consultations. Comprehensive discussions with MDSC consultants, Shibchar Pourashava officials, community people living near by the proposed Subprojects schemes, public representatives and other stakeholders to identify different issues, problems/ constraints and prospects and feedback from the participants in connection to roads and drains construction under the Subproject. The consultation covers mainly information dissemination about the Project/ Subproject and its scope, possible positive and negative impacts, involvement of local people in different activities of the Project and employment in Project works, etc. The public participation process included (i) identifying interested parties (stakeholders); (ii) information and providing the stakeholders with sufficient background and technical information regarding the proposed development; (iii) creating opportunities and mechanisms whereby they can participate and raise their views (issues, comments and concerns) with regard to the proposed development; (iv) giving the stakeholders feedback on process findings and recommendations; and (v) ensuring compliance to process requirements with regards to the environmental and related legislations.

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23. The safeguard team of MDSC visited Shibchar Pourashava from 18 January to 20 January 2017 and have meetings with, Mayor, Assistant Engineer, community local public representatives and different stakeholders at Pourashava office and at Subproject areas with local people, community leaders and local government representatives. Mayor of the Pourashava welcomed the team and stated ensuring all cooperation for investigation & data collection. During field visits, the consultants investigated about the existing condition of the roads, drainage & Street light alignments and emphasized on the issues like land acquisition, resettlement, rehabilitation, grievance redress mechanism and so on. The participants were also informed of the Subproject cut-off date of 30TH January 2017 (date of completion of census survey). The consultant team also talked to the local people living nearby the Subproject schemes. The required land for construction work is owned by Shibchar Pourashava and nobody found affected.

Meeting with Mayor and other officials in Shibchar Pourashava on 19-01-2017

24. As a part of public consultation, relevant consultants and Pourashava officials arranged meetings at Pourashava office and at different roads and drains locations. Three formal meetings were arranged by the Pourashava official with the stakeholders. The meeting sites were at guatala baharchar (ward -05), Jaduar char (Ward -04) & Shibrayerkandi (near Thana office) at Shibchar Pourashava. 55 participants were present in the consultation meetings. The Subprojects are related to improvement, rehabilitation and reconstruction of roads and drains. There is no possibility of any adverse impact in terms of losing income or livelihood. Local residents, pedestrians who might be disturbed during construction work, community leaders and other stakeholders were also consulted through group meetings and one on meetings. The Subprojects are intensively visited to verify the likely impacts on the people with respect to land acquisition & resettlement, and other social safeguard issues. During site visits, concern Pourashava Assistant Engineer, one Sub-Assistant Engineer, and a Surveyor accompanied by the consultants to assist identifying the locations of the roads & drains alignments. The Pourashava officials also facilitated to organizing consultations/ meetings.

25. During consultations and field visits, the issues and concerns raised were addressed by the Pourashava officials and MDSC safeguard team by informing the participants mainly that as per detailed designs private land would not be required. The land required for improvement/ expansion of roads and for construction of drains is available within the ROW. However, if in the course of Subproject implementation private land is needed to be acquired

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/ purchased then the entitlement of the affected persons will follow the RF which has been developed based on government rules & laws and ADB safeguard policy. The participants were also informed that there would be no tree cutting, relocation of business, and mobile vendors/hawkers as the improvement works would be done on the existing ROWs. The pedestrian safety would be taken care of by the contractors during construction period by providing alternate roads, safety signs & boards, and providing speed breakers where required. Moreover, mitigation measures as specified in EMPs would also be implemented by the contractors which would be closely supervised by the Pourashava officials and consultants. The participants were also informed that there would be local employment opportunity for skilled and unskilled labourers. Participation of women would be highly encouraged.

26. During discussions, the local people mentioned about the insufficiency of civic facilities, conditions of existing roads and coverage of drainage facilities, etc. The people expressed their happiness for getting Project assistance for improvement of the Pourashava facilities. The roads, drain proposed under the Subprojects were a long demand of the people of the Pourashava. The records of public consultations have been shown in Appendix-1.

27. Transect walks. The MDSC Regional Resettlement Specialist together with Shibchar Pourashava officials conducted transect walk during June- November 2016 to do rapid appraisal of the proposed locations and alignments of Subprojects using a standard IR checklist annexed with this report as Appendix-2.

28. Reconnaissance Survey. The Project social safeguard team (MDSC) visited Shibchar Pourashava during April -June 2016 to measure the widths of proposed roads and drains under Packages, count the number of trees, structures, natural resources, mobile vendors/ hawkers, and other facilities, etc. along ROWs, conducted informal discussions with local communities, formal discussions with Pourashava engineers, and visual assessment of IR impacts. The output of the survey was discussed with the design engineers of the Project to incorporate into the designs to minimize the IR impacts (if any).

29. Census of affected persons and inventory of affected assets. As nobody was found who may be adversely affected by the Subproject activities, no structures to be removed /relocated/demolished, and no mobile hawkers/vendors in the Subproject alignments, the census was not required.

30. Social Safeguard Unit of MDSC, UGIIP-III (W-B) has verified the roads, drains through the questionnaire that is titled” Initial Evaluation Assessment Format”. Through this format, the team members have organized consultation with users and gathered feedback on the Subprojects. Finally, it has been concluded that there is no scope of involuntary resettlement thus no impact would be occurred.

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IV. FINDINGS

31. Involuntary Resettlement. As per results of the data gathering, detailed survey of the

sites and alignments together with review of land records, the Subproject is considered as

Category C, i.e., 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.

32. All roads components, drains under Packages will be constructed using the land owned

by the Pourashava itself. The character of the Subprojects is improvement on existing roads.

No new road construction or change of alignment would be involved in the Subprojects.

There are sufficient land within the ROWs required for widening the proposed roads and

construction drains. MDSC together with PMU confirmed ownership and land records of Shibchar Pourashava of the existing road and required widths in the ROWs therefore no

land acquisition is required. Land ownership certificate is shown in Appendix-6.

33. In Phase-2, Shibchar Pourashava has 01 (One) Packages consisting of 13 schemes (10

Nos. of roads (Including 11000m Street Light) and 03 Nos. of drains) The road schemes

have been proposed for rehabilitation that would be implemented as improvement on the

existing ROW and 03 Nos. of drains would be constructed on the alignment of the existing

damaged drains. All drains’ outfalls are connected to the river Arial Kha, and MoinaKata &

Ghuatula canals.

34. The Social Safeguard Unit of MDSC of UGIIP-III further verified and checked the roads

and drains through the questionnaire that is titled “Initial Evaluation Assessment Format”. Through this format, the team members have organized consultation with road users and

gathered feedback on the Subprojects. There are no encroachers and squatters found but

some mobile vendors and hawkers along the proposed roads and drains ROWs are found.

They are noticed about the development works have been taken up by the Pourashava and

they have given their consent to move to other suitable places. For recording and

documentation purposes, the following are the socio-economic information and profile of

survey participants:

(i) no BPLs along the proposed drains, roads and Street Light alignments sites

(ii) no indigenous people (IP) along roads, drain and Street Light alignments sites

35. There is sufficient space along the ROWs for staging area, construction equipment, and

stockpiling of materials. Besides, there is no possibility of affecting any structure needing

relocation by the Subproject activities as per detailed design of the components. Moreover,

there is no possibility of loss of livelihood, neither permanent nor temporary due to loss of

land/ assets occupied or squatting by anybody, is expected for the proposed development.

Therefore, the potential impact of the Subproject on privately owned land/ assets has been

fully eliminated, and correspondingly, no issues relating to involuntary resettlement will occur

during implementation of the Subproject. Thus, it has been concluded that there is no IR

impact and the Subproject is classified as Category C for IR.

36. Since road closures are not expected during construction, it might be occurred to halt

movement of pedestrians and vehicles during the road construction in relatively narrower

roads. There are several roads in a locality. While a road is full closure, there are others

roads to be used. The conductors/authority should address the issue and redress the

grievances showing signboard of using alternative roads. Showing signboard for using

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alternative roads, deploy persons for helping vehicles and pedestrians to go on another road

are means for mitigating the problem. Inhabitants have no adverse objection for disturbance

during construction work. Residents and businesses along the sub-project sites may

experience temporary impacts such as increased noise, vibration, dust and restriction of

vehicles movement during construction phase which can be mitigated through good

construction practices as documented in the sub-project’s initial environmental examination

(IEE) report and environmental management plan (EMP).

37. Table-2 summarizes the findings of the data collection during field visits and surveys. If

in the course of Subproject implementation land will be required and stakeholders are willing

to donate any land, donation procedures will follow the RF and to be endorsed by an independent third party evaluator (e.g., civil society and non-ex officio representatives of the

TLCC) to ensure there is no significant social and economic impact due to land donation.

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Table- 2: Assessment of Social Safeguard Impacts of Shibchar Pourashava Subproject Roads (Including Street Lighting) & Drains. Package Nr. UGIIP-III (W-B)-2/SHIB/UT+DR/01/2016

Sl.

No.

PDP NO/

Scheme no

Subproject Schemes Type of

loss/ Affected

Name of APs

Possible social Impact

Resettlement

required or not

Indigenous people

Remarks

01 TLCC

Improvement of road by BC starting from shadhinotha sreety stambo more (College gate) to Shuibbrayekandi dauble bridge via shibrayekandi (Ch 00-1640m0 under Shibchar pourashava, Madaripur. No loss

applicable Not

applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood. • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

02 TLCC

Improvement of road by BC starting from muktijodda mr. kamruzzaman house more to thana more via proposed Shibchar stadium (Ch-620m)under Shibchar pourashava ,Madaripur. No loss

applicable Not

applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood. • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

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03 TLCC

(A) Improvement of road by RCC starting from mohoriputty sub-registry office (Near shop of Rizu) to kutabpur road more H/O Noor mohamad master (Ch-0-580m) (B) Improvement of road by RCC starting from Jail khana road Talar ghat more to slaughter house (Ch-0-150m) (C) Improvement of road by RCC starting from Near H/O Dr. bader uddin Ch.-0-155m. under Shibchar pourashava ,madaripur.

No loss applicable

Not applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians by and vehicles to be addressed in the Subproject environmental management plan (EMP)

04 TLCC

(A) Improvement of road by BC starting from T&T more(DIG market to Jadurchar Bridge (Ch. 0-685m) (B)Improvement of road by RCC starting from adurchar Bridge to H/O of Dr. Salim mia(Ch.-685-925m)under Shibchar pourashava ,Madaripur.

No loss applicable

Not applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

05 TLCC

Improvement of road by RCC starting from Borhamgang govt. Collage mosque more to Hatirbagan more Girls School road via pannu khan mosque(Ch.-0-666m)under Shibchar pourashava ,Madaripur.

No loss applicable

Not applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

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• Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

06 TLCC

Improvement of road by RCC starting from Sarak-71 Kabir maharun kinder Gaden more to mohorie potty mr. kalay shak house via nandokumar road (Ch.0-350m )under Shibchar pourashava ,Madaripur. No loss

applicable Not

applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

07 TLCC

Improvement of road by RCC starting from back side of Papilla complex shasto coloni starting from near H/O mr. Samsul haque to arialkha river )near H/O mr. Omur faruk) Ch.-0-335m) under Shibchar pourashava ,Madaripur.

No loss applicable

Not applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

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08

Improvement of road by CC starting from thana road mr. Shajahan moll hose (Ghuatala mosque to back side of Giral collage ner babu Bari Ch.0-260m under Shibchar pourashava ,Madaripur. No loss

applicable Not

applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

9

Improvement of road by BC starting from shibrayerkadi Double bridge more to Awamelig Office more Thana road Ch.0-2300m under Shibchar pourashava ,Madaripur. No loss

applicable Not

applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

11 No loss

applicable Not

applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

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• Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

1 TLCC

Construction of RCC Drain Starting from Thana road mr.shajan molla house (Ghuatall mosque to motahar kazi mosque via akter Councilar hou(Ch.-0-600& (B) Construction of RCC Drain Starting Infront of H/O Sudarshon Ch.0-50m)nder Shibchar pourashava ,Madaripur.

No loss applicable

Not applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

02 TLCC

Construction of RCC Drain Starting from kabir Maharun kinder Garden 9Near H/O mr. Emded Bapary) to moynakhata river via shope of Rizu Ch.-0-440m. & (B) Link drain food godaun to shop of Rizu Ch.-0-43m in Shibchar Pourashava, Madaripur.

No loss applicable

Not applicable

• No IR impacts • No requirement for land acquisition • The required land for construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be addressed in the Subproject environmental management plan (EMP)

03 TLCC

Construction of RCC Drain Starting from Back side of UPazilla Complex shasto coloni starting from near H/O Mr.

No loss applicable

Not applicable

• No IR impacts • No requirement for land acquisition • The required land for

Not required

Not found

Temporary disturbance of pedestrians and vehicles to be

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Omar Faruk Ch.-0-345m under Shibchar pourashava ,Madaripur.

construction work is owned by Shibchar Pourashava • There is no possibility of any adverse impact in terms of losing income or livelihood • Temporary disturbance for pedestrians and movement of vehicles to be addressed in the Subproject E.M.P.

addressed in the Subproject environmental management plan (EMP)

36

38. Indigenous People. There is no identified indigenous people/ethnic minority (adivasi) communities on the vicinity of the proposed Subproject components, thus no ethnic people will be affected by the Subproject activities. The IP Categorization form is attached as Appendix- 3. The Subproject has no IP impact and classified as Category C for IP.

39. Others. The Subproject will not (i) result in labour retrenchment or encourage child labour; or, (ii) directly or indirectly contribute to the spread of HIV/AIDS, human trafficking, or the displacement of girls and women. The Subproject will have no potential impact on any female-headed household.

40. Cost. Table 3 provides the costs and sources of funds to ensure social safeguards are considered in the subproject implementation.

Table- 3: Social Safeguards Cost Relevant to Subproject Implementation

Activities Amount (Tk.) Source of

Funds

(i) public consultation and disclosure 300,000 P I U

(ii) grievance redress mechanism 100,000 P I U

(iii) safeguards capacity building program 450,000 Under MDSC

costs

(vi) materials for awareness raising and implementation of

consultation and participation plan

3,30,000 Under GICDC

costs

41. Outcome of the Subproject. However, the roads and drainage construction/ improvement under the Project will improve transportation facilities and increase the capacity of receding waste water from industries, households, commercial premises, etc. The Subproject is expected to increase area coverage of drainage and improved road communication system and will guarantee health condition and will reduce transport cost of goods and services including travelling cost of the residents of the town.

42. The outcome of the Subproject is improved transport and drainage system within the Pourashava area which will improve communication facilities and will prevent water logging and unexpected flooding during monsoon.

43. Subproject Benefits. Improvement of roads and construction of drains proposed under the Subproject is expected to bring various quantifiable benefits for the citizens of Pourashava. Road improvement will improve connectivity and as a result, vehicular movement will increase, journey will be safer, quicker and comfortable. Transportation costs will be lower and movement will be easier which will bring new avenues for investment and consequently commercial activities will increase which will boost up economic development. Extended benefits will include employment opportunity for local people during construction and maintenance.

44. Construction of drainage facilities will improve effectiveness of drainage system causing increased and easy draining out of storm and waste water, will reduce water-logging and consequently, intensity of water borne diseases will decline which will help to improve both the quality of life and living condition of the residents of the Pourashava. The standards of individual

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and public health as well will rise. Extended benefits will include employment opportunity for local people during construction and maintenance.

45. Thus the Subproject implementation will bring economic gains to the local people in the form of increased employment and less spending on healthcare and transportation.

V. FUTURE CONSULTATIONS AND DISCLOSURE

46. This due diligence report and other relevant documents will be made available at public locations in the Pourashava and posted on the websites of LGED and ADB. The same information will be posted in Shibchar Pourashava and provided to members of TLCC and community representatives.

47. A consultation and participation plan is prepared for UGIIP-III (W-B); consultation activities will be coordinated by the PMU, PIU (Shibchar Pourashava) and consultant teams to ensure that the communities are fully aware of the activities at all stages of the Project implementation. During construction phase, Shibchar Pourashava with assistance of consultant teams will conduct (i) public meetings with affected communities to discuss and plan work programs and allow issues to be raised and addressed once construction has started; and (ii) smaller-scale meetings to discuss and plan construction work with individual communities to reduce disturbance and other impacts, and to provide a mechanism through which stakeholders can participate in Project monitoring and evaluation. The PIU will coordinate the schedule with the contractors and will ensure proper public consultations are held prior to start of civil works and during implementation. Documentation should be included in the social safeguard monitoring report.

48. The relevant information in this due diligence report together with following information on GRM will be translated to local language and disclosed to persons in the Subproject area. Documentation will be included during social safeguard monitoring report. The social safeguard officer (Asstt. Engineer) will disclose information.

49. Grievance Redress Mechanism. A Project-specific grievance redress mechanism (GRM) has been established 1 to receive, evaluate, and facilitate the resolution of AP’s concerns, complaints, and grievances about the social and environmental performance at the level of the Project. This is outlined in Figure-6. The GRM aims to provide a time-bound and transparent mechanism to voice and resolve social and environmental concerns linked to the Project. The multi-tier GRM for the Project is outlined below, each tier having time-bound schedules and with responsible persons identified to address grievances and seek appropriate persons’ advice at each stage, as required. The PMU, MDSC safeguards team assist the PIU in establishing the GRM and building the capacity of the GRC members to address Project-related complaints/ grievances. Once contractors are mobilized, inform them of their role and responsibilities and procedures involved in the GRM.

50. PIU and governance improvement and capacity building consultants (GICD) will conduct pourashava wise awareness campaigns to ensure that people in the Subproject area are made

1 Grievance Redress Cell (GRC) has been formed at shibchar Pourashava. The GRC comprises of Mr. Abdul Kader khan panel mayor-1-Connenor,

concern ward councilor (Male)- member , concer n ward councilor (Famale)- member, Mr. Md. Moklasur rahman,Secretary Pourashava -Member,

Mr. Md. Baccha Miah Executive Director (NGO ,REP)-Member. For Project related Grivances if arises, Representative from A.P.s -Member

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aware of grievance redress procedures and entitlements, and will work with the PMU and MDSC to help ensure that their grievances are addressed.

51. Affected persons will have the flexibility of conveying grievances /suggestions by dropping grievance redress/suggestion forms in complaints/suggestion boxes that have already been installed by PIU or through telephone hotline Mr. Md. Awlad Hossain khan Mayor Shibchar Pourashava Mob: 01715030758, E-Mail: [email protected] and Mr. M.M. Mamunur Rashid Asstt. Engineer Mob: 01711938304 E-mail: [email protected], by post, or by writing in a complain register in PIU or Shibchar Pourashava office. Appendix 4 has the sample grievance registration form.

52. Careful documentation of the name of the complainant, date of receipt of the complaint, address/contact details of the person, location of the problem area, and how the problem was resolved have been undertaken in the Grievance Redress Cell (GRC) in the Pourashava. Safeguard Officers have the overall responsibility for redressing grievance timely on environmental and social safeguards issues against complain registered. Related disclosure and regular communication have been taking place with the concern persons through the PIU designated safeguard focal person.

53. Grievance Redresses Process. In case of grievances that are immediate and urgent in the perception of the complainant, the contractor and MDSC on-site personnel have provided the most easily accessible or first level of contact for quick resolution of grievances. Contact phone numbers and names of the concerned PIU safeguard focal person and contractors will be posted at all construction sites at visible locations.

1st Level Grievance: The phone number of the PIU office should be made available at the

construction site signboards. The contractors and PIU safeguard focal person can immediately

resolve on-site in consultation with each other, and will be required to do so within 7 days of

receipt of a complaint/grievance.

2nd Level Grievance: All grievances that cannot be redressed within 7 days at field/ward level

will be reviewed by the Grievance Redress Cell (GRC) headed by Panel Mayor-1 of the

Pourashava with support from PIU designated safeguard focal person and MDSC regional

environment and resettlement specialists. GRC attempts to resolve them within 15 days. The PIU

designated safeguard focal person is responsible to see through the grievance redress

mechanism.

3rd Level Grievance: The PIU designated safeguard focal person refers unresolved or major

issues to the PMU safeguard officer and MDSC national environmental and resettlement

specialists. The PMU in consultation with these officers/specialists resolve them within 30 days.

54. Despite the Project GRM, an aggrieved person shall have access to the country's legal system at any stage, and accessing the country's legal system can run parallel to accessing the GRM and is not dependent on the negative outcome of the GRM.

55. In the event that the established GRM is not in a position to resolve the issue, the affected person also can use the ADB Accountability Mechanism (AM) through directly contacting (in writing) the Complaint Receiving Officer (CRO) at ADB headquarters or the ADB Bangladesh Resident Mission (BRM). The complaint can be submitted in any of the official languages of ADB’s

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DMCs. The ADB Accountability Mechanism information has been included in the PID to be distributed to the affected communities, as part of the Project GRM.

56. Record keeping. Records of all grievances received, including contact details of complainant, date the complaint has been receiving, nature of grievance, agreed corrective actions and the date when these are affected and final outcome would be kept by PIU. The number of grievances recorded and resolved and the outcomes would be displayed/disclosed in the PMU office, Pourashava office, and on the web, as well as reported in monitoring reports submitted to ADB on a semi-annual basis.

57. Periodic review and documentation of lessons learned. The PMU safeguard officer will periodically review the functioning of the GRM in each Pourashava and record information on the effectiveness of the mechanism, especially on the Project’s ability to prevent and address grievances.

58. Costs. All costs involved in resolving the complaints (meetings, consultations, communication and reporting/information dissemination) will be borne by the concerned PIU at Pourashava-level; while costs related to escalated grievances will be met by the PMU. Cost estimates for grievance redress are included in social safeguard implementation cost estimates for affected person if wises.

Figure- 6: Affected Person Grievance Redress System

Field/ward level

Contractor and PIU designated safeguard

focal person

Pourashava level (GRC)

PIU designated safeguard focal person,

MDSC regional environmental and

PMU level

PMU Safeguard Officer and MDSC national

environmental and resettlement specialists

Affected

person

1st Level

Grievance

3rdLevel

Grievance

2nd Level

Grievance

No

Yes

Within 7 days

Grievance

redressed and

record keeping

Grievance

redressed and

record keeping

Grievance

redressed and

record keeping

Yes,

Within 15

days

Yes

Within 30 days

No

Note: GRC = Grievance Redress Cell;; PIU = Project Implementation Unit; MDSC = Management. Design and

Supervision Consultants; PMU = Project Management Office

GRM Diagram

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VI. MITIGATION OF SOCIAL CONCERNS

59. Although the road and drainage schemes under the Subproject of UGIIP-III construction/improvement is not expecting any land acquisition and involuntary resettlement, physical or economic displacement, or temporary restrictions to land use. However, some assumptions were made that during civil works for different schemes, pedestrians, residents and shop keepers/different business operators carrying out different economic activities particularly beside the road; customers might face temporary disturbances in connection to movement and operate their business. In order to avoid even minor temporary disturbances during the construction activities, the following measures are suggested to eliminate such impacts:

• Informing all the residents, local households and traders about the nature and duration of

works in advance, so that they can make necessary preparation to face the situation.

• Providing wooden walkways/ planks across trenches for pedestrians and metal sheets

where vehicles access is required.

• Increasing the workforce and using the appropriate equipment to complete the work in a

minimum timeframe.

• Suggest people to wear musk to protect from dust problem during construction.

• Other social concern, if any, shall be properly solved by the Grievance Redress Committee

(GRC) under the Grievance Redress Mechanism (GRM) of the Project to be formed by the

PIU.

• Any other preventive measures to be adopted as required considering the situation during

construction.

60. The above mitigation measures during construction activities will ease the temporary disturbances in connection to movement and operation business of the local residents, pedestrian customers and clients from shopping locally or using the usual services from local business.

VII. CONCLUSIONS

61. Important findings of the study in connection to social safeguard issues are (i) improvement of the roads will be carried out on the existing alignments and will not require land acquisition thus no IR will be occurred due to expansion of the roads and drains; (ii) no road needs resettlement, dislocation or relocation. So only 04(Four) strip maps are provided as a sample; (iii) there is no structure, houses, shops, trees or any other establishments on the ROWs of the proposed roads and drains alignments; (iv) the required land for construction work is owned by Shibchar Pourashava; (v) there is no possibility of any adverse impact in terms of losing income or livelihood; (vi) as a result no dislocation, demolition of houses or structures will be required due to the development activities; (vii) the local people unanimously welcomed the Project and showed positive attitude to the improvement of the proposed Subproject. None was found to oppose the Subproject; (viii) urban residents and the rural residents in surrounding hinterland will benefit from improvement of the propose roads for creating better access to urban markets & social services

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provided in the Project town; (ix) no potential negative impact could be identified and (x) business or economic activities will not be impeded resulting losses in income or asset.

62. The due diligence process was conducted for the Subproject to examine the IR issues particularly with respect to the requirements of the ADB’s SPS (2009) and ARIPO. The roads and drains proposed under the Subproject will be of straightforward construction on the existing ROWs. So, implementation of the Subproject will neither affect any land or structure. Any disturbances will be limited to construction period only. The likely impacts are short-term, localized and could easily be avoided or mitigated. The results of the study suggest that the impact of this Subproject does not incur any land acquisition, resettlement or economic displacement.

63. The Project Director (PD) will carry out internal monitoring through the PMU and PIUs with the support of the MDSC. For this Subproject, PIU will provide PMU on updates on (i) GRM establishment; (ii) report of public consultations and disclosures conducted; (iv) complaints/grievance received, if any, and resolutions conducted; and (iv) unanticipated IR impacts during Subproject implementation not included in this due diligence report.

64. Based on the findings presented in this due diligence report, the Shibchar Pourashava Subproject Packages will not require land acquisition and will not cause involuntary resettlement impacts. There is also no IP identified in the Subproject area. Thus it is concluded that the Subproject is Category C for IR and Category C for IP as per ADB SPS 2009.

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VIII. APPENDIX 1: RECORDS OF PUBLIC CONSULTAION IN SHIBCHAR POURASHAVA

Consultation Meeting 01 Venue/Location: Guatala Baharchar (Ward-No-05) Date: 19-01-2017 Time: 10 .00AM, No of Participants -20 Agenda: Consultation meeting in planning, improvement, reconstruction / rehabilitation of roads (Including Street Lighting) and drains in Shibchar Pourashava in Phase -2.

The public consultation meeting was presided over by Mr. Md. Awlad Hossain Khan, Mayor Shibchar Pourashava. Consultants from Social Safeguard Unit of MDSC, UGIIP-III were present in the meeting. In the meeting, road users & beneficiaries of roads and drains, local elites, local government representatives, workers, students and businessmen were also present.

The agenda of the meeting was to advise on the planning, improvement, reconstruction, rehabilitation of ADB funded roads and drains of the Pourashava under UGIIP-III (W-B) within the participant’s area.

The participating representatives of concerned communities, users of roads, drainage & Street Lighting beneficiaries, members of ward committees and representatives of local government agencies were important.

The Regional Resettlement Specialist (RRS), briefed the participants regarding the goals and objectives of the Projects and safeguard issues relating to public disturbance during construction period and also probable mitigation measures highlighting that there would be no land acquisition or public donation of land for Subproject implementation as the activities will be implemented inside the ROWs and also informed the meeting that no indigenous / tribal people will be affected. The issues raised during the public consultation have been addressed in this Due Diligence Report (DDR), noting these issues would not pose any significant constraint in the implementation of proposed Subproject.

During open discussion session, participants raised following questions, queries and suggestions:

• Participants urged the Pourashava officials to ensure quality of the work • Does the Subproject have any acquisition? • The participants wanted to know the detailed design of the Subprojects, length, width etc. • Would the Subproject have any structure relocation or livelihood impact? • Payment modalities of losses incurred by the Subprojects, if any • Positive regarding the development activities through the proposed Subprojects. • They urged the authority not to disturb mobile vendors, if any, and not to dislocate their

livelihood and drive way without proper compensation and livelihood restoration. • The participants requested to ensure proper safety measures during construction period

and alternative road arrangement for Pedestrians. • Updating of the Project issues by arranging consultation of the local people and Project

affected people if any.

The meeting concluded with thanks from the chair to the participants. A list of participants and Photographs of consultation meeting is given below:

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Attendance Sheet of Participants

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Public Consultation Guatala Baharchar (Ward-No-05) at Shibchar Pourashava on 19-01-2017

Key Issue Discussion

Sl. No.

Issues Discussed Findings

01 Purpose and scope of the consultation meeting and scope of Sub-Project under UGIIP-III.

The consultant described the purpose of the consultation meeting. The main focus was improvement of roads and drains at different areas of the Pourashava. The ADB is the main donor of the Project. Project beneficiaries should be included for control monitoring work during the construction. The purpose of the meeting was to identify if there is any IR impact existing with ROWs of the alignments. The consultant asked the participants regarding this and also physically investigated. The consultant explained the entitlement matrix in case of land acquisition and other asset and also explained the GRM procedure to the participants.

02 Service use from Pourashava Possible positive and negative impacts

The participants of the meeting expressed dissatisfaction of pourashava service regarding bad condition of roads and insufficient drains. The roads are not maintained properly, the drains are not cleaned regularlyand street lights are insufficient though they pay different taxes imposed by pourashava. The participants opined that they would not mind

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if taxes are increased for providing better services through regular maintenance of roads and drains. Positive side is that when the roads and drains construction will be completed all people will be benefited. Negative is that near-by people will feel disturbed during the construction period which the near-by people would be ready to accommodate..

03 Social safeguard issue Social safeguard issue has been discussed in line with ADB and government policy. The participants appreciated the intention of implementing the safeguard issues. They also suggested that the road safety issues should be incorporated in the design of roads.

04 Willingness to give land Willingness to provide tiny area of land, cutting trees, removal of fences for the construction work has been discussed with the participants. They unanimously consented for these type of minor loss for better interest of the community.

05 Local poor community to get access to construction work

. Day laborers and local suppliers has shown their interest to work during the construction period as skilled & unskilled laborers and as suppliers of brick, sand, etc.

07 How the better road communication will bring better scopes for the community

Better roads will help in increasing vehicular movement, making journey comfortable and quicker. In addition, transportation will be safer, easier and costs will be lower which bring new avenues for the community for investment and consequently commercial activities will increase. Many poor people are planning to buy rickshaws/ rickshaw vans to ply on the improved roads and make a good fortune. Better roads will also provide better access to markets, hospitals, educational institutions, and other service centre. The community requested for widening of the narrow roads, and straightening of curves and bends.

08 Opinion on Pourashava service

The participants of the meeting opined that the roads, drains, street lights should be maintained properly. Due to not cleaning the existing drains regularly, they are clogged and water logging occurred. Drainage system needs regular cleaning and maintenance. Due to bad condition of roads, the vehicles ply with great difficulty and for insufficient street lights, movement during night by rickshaw or walking is very risky.

10 Difficulties occurred for construction work

Local people are noticed about the development work of Pourashava and participants said they will accommodate their difficulties during construction work.

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Consultation Meeting 02 Venue/Location: Jaduar char (Ward no-04) Date: 19-01-2017 Time: 12.00PM, No of Participants -19 Agenda: Consultation meeting in planning, improvement, reconstruction / rehabilitation of roads, (Including Street Lighting) and drains in Shibchar Pourashava in Phase -2(W-B). The public consultation meeting was presided over by Mr. Md. Awlad Hossain Khan Mayor, Shibchar Pourashava; Consultants from Social Safeguard Unit of MDSC, UGIIP-III were present in the meeting. In the meeting, road users, beneficiaries of the drains, local elites, local government representatives, Service holder, Worker and businessmen were present.

The agenda of the meeting was the planning, improvement, reconstruction, and rehabilitation of ADB funded roads, drains Street Lighting of the Pourashava under UGIIP-III (W-B).

During initial survey assessment, the Project follows a participatory approach involving local stakeholders. That is why stakeholder consultations were held in getting opinion of the local people. In addition to that for identification of affected person and assessing their socio economic condition socio-economic surveys were carried out as a part of Project plans and initiation of PDPs by means of open facilitated sessions for Pourashava visioning or planning. A Project brief was prepared for each Pourashava that provided an overview of potential resettlement impacts and explained proposed entitlement for affected persons (APs). Present consultation meeting is a part of that approach. The Regional Resettlement Specialist (RRS) briefed the participants regarding the goals and objectives of the Project and also briefed the safeguard issues relating to public disturbance during construction period and also probable mitigation measures in view of ADB guideline of safeguard. Among the participants representatives of concerned communities, road users drainage beneficiaries, members of ward committees, and representatives of local government agencies were important. Some issues were raised during public consultations that have been addressed in the DDR, but the issues would not pose any significant constraint in the implementation of proposed Sub- Project. The participants raised questions, queries and suggestions:

• Participants urged the Pourashava officials to ensure quality of the work • Does the Subproject have any acquisition? • The participants want to know the detailed design of the Subprojects, length, width etc • Would the Subproject have any structure relocation or livelihood impact? • Payment modalities of the losses incurred by the subprojects, if any. • Positive regarding the development activities through the proposed Subprojects. • They urged the authority not to disturb mobile vendors, if any, and their livelihood and drive

away without proper compensation and livelihood restoration. • Ensuring proper safety measures during construction period and alternative road

arrangement of the pedestrians. • Updating of the Project issues by arranging routine consultation of the local people and

Project affected people if any.

The meeting concluded with thanks from the chair to the participants. Photographs and list of participants are given below:

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Attendance Sheet of Participants

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Public Consultation at Jaduar char (Ward no-04) Shibchar Pourashava on 19-01-2017

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Key Issues of Discussion

Sl. No. Issues Discussed Findings

1 Purpose and scope of the consultation Meeting and scope of Sub-Projects under

UGIIP-III.

The consultant described the purpose of the consultation meeting. The main focus was improvement of roads and drains at different areas of the Pourashava. The ADB is the main donor of the Project. Project beneficiaries should be included for control monitoring work during the construction The MDS consultants of UGIIP-III visited the Sub-

Projects to physically observe is there any IR impacts existing

within the ROW and other relevant activities as per donor

requirements and ADB SPS 2009.

2 Social safeguard issue Social safeguard issue has been discussed in line with ADB and government policy. The participants appreciated the intention of implementing the safeguard issues. They also suggested that the road safety issues should be incorporated in the design of the roads, roads should straight and wide enough so that two cars can cross each other easily.

3 Willingness to give land Willingness to provide tiny area of land, cutting trees, removal of shops’ fences for the construction work have been discussed with the participants. They unanimously gave their consent on these, if required, for their better interest.

4 Opinion on Pourashava service

The participants of the meeting expressed dissatisfaction of poor service of the Pourashava especially about bad condition of the roads and insufficient drains. The existent drains are not cleaning on regular basis, so they are clogged and water logging occurred. They opined that the drains should be cleaned regularly. They also emphasized on the proper maintenance of roads and drains and maintaining safety of workers and pedestrians during construction works. The participants urged the Pourashava to maintain quality of works so that the roads and drains become long lasting. They also expressed that they will inform the PS authority if any bad workmanship is noticed. They, however, expressed happiness hearing that their long felt demanded roads and drains would be improved through the project.

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Sl. No. Issues Discussed Findings

5 How the better road communication will bring better scopes for the community

The better road condition will greatly ease the pain of present sufferings in movement on the road. Business, education and health will be highly benefited and so will be people’s overall wellbeing. Poor women ponder over sunning their parboiled paddy on the metaled road and many poor men are planning to buy rickshaw or rickshaw van to ply on the improved road to make a good fortune using the developed roads. Some poor people are planning to erect small shops by the side of the roads to run small business. The road will be busier and so will be the lives of the people living on its two sides

6 Service use from Pourashava

The community informed that they pay Pourashava its holding tax, tax for street lightings, etc. but they are not fully satisfied with the service. Many of the street lights are not working. They want proper maintenance of street lights. They also pay the Pourashava the fine it charges against cattle for their mischief.

7. Willingness to support Project

The community pledged their all-out support and cooperation with the Project. At some points the road is very narrow and at other points the bends and curves need to be straightened. The road almost goes along the ROW with some deviation at some points. Residents at those locations are ready to compromise their assets like trees and small land, if required, for the sake of community interest.

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Consultation Meeting 03 Venue/Location: Shibrayerkandi (nearThana office) Date: 19-01-2017 Time 02.00PM, No of Participants -13 Agenda: Consultation meeting in planning, improvement, reconstruction / rehabilitation of roads, (Including Street Lighting) and drains in Shibchar Pourashava in Phase -2(W-B). The public consultation meeting was presided over by Mr. Md. Awlad Hossain Khan Mayor, Shibchar Pourashava. Consultants from Social Safeguard Unit of MDSC, UGIIP-III (W-B) were present in the meeting. In the meeting, road users, beneficiaries of the drains, local elites, local government representatives, Businessmen, house holders and Students were present.

The agenda of meeting was advising on the planning, improvement, reconstruction, rehabilitation of ADB funded roads, drains Street Lighting of the Pourashava under UGIIP-III (W-B) within the participants’ area.

The participating representatives of concerned communities, road users, drainage beneficiaries, members of ward committees and representatives of local government agencies were important.

The Regional Resettlement Specialist (RRS), briefed the participants regarding the goals and objectives of the Projects and safeguard issues relating to public disturbance during construction period and also probable mitigation measures highlighting that there would be no land acquisition or public donation of land for Subproject implementation as the activities will be implemented inside the ROWs and also informed the meeting that no indigenous / tribal people will be affected. The issues raised during this public consultation have been addressed in this Due Diligence Report (DDR), noting these issues would not pose any significant constraint in the implementation of proposed Subproject.

During open discussion session, participants raised following questions, queries and suggestions:

• Participants urged the Pourashava officials to ensure quality of the work • Does the Subproject have any acquisition? • The participants want to know the detailed design of the Subprojects, length, width

etc. • Would the Subproject have any structure relocation or livelihood impact? • Payment modalities of losses incurred by the Subprojects, if any • Positive regarding the development activities through the proposed Subprojects. • They urged the authority not disturb any mobile vendors. If any disturbance of

their livelihood any way, proper compensation and livelihood restoration. • Ensuring proper safety measures during construction period and alternative road

arrangement of Pedestrians. • Updating of the Project issues by arranging consultation of the local people and

Project affected people if any. The meeting concluded with thanks from the chair to participants. A list of participants and Photographs of consultation meeting is given below:

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Attendance Sheet of Participants

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Public consultation at Shibrayerkandi (near thana office) Shibchar Pourashava on 19-01-2017

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Key Issue Discussion

Sl. No. Key issues Findings

1 Social safeguard issue Social safeguard issue has been discussed in line with ADB and government policy. The people were informed about the entitlement policy in case of land acquisition including other assets and GRM process was explained. The participants expressed happiness regarding the policy and demanded its proper implementation.

2 Willingness to give land Willingness to provide tiny area of land, cutting trees, removal of homesteads’ & shops’ fences for the construction works have been discussed with the participants. They unanimously gave their consent for this, if required, for the better interest of the community.

3 Opinion on Pourashava service

The participants of the meeting expressed satisfaction about the service of the Pourashava .But especially about the bad condition of the roads, street lighting insufficient drains. Existing drains are not cleaned on regular basis, so they are clogged and water logging occurred and as result these act as the breeding ground for the mosquitoes. They demanded regular cleaning and maintenance of the drains.

5 Local people’s opinions on improvement of the existing road system and land issues.

Local people of the area need road very much. They are happy to learn that their long felt demanded roads and drains would be improved through the project and there will be no need for land acquisition. They expressed that improved road condition will improve transportation of goods and people and improved drainage system will remove water logging during wet season. The participants opined that many of the existing drains had outfall to the ponds and/ or to private low land causing pollution to pond water. They urged that the proposed drains should be constructed in such a way that they discharge directly to the rivers or to outfall drains.

6

Community’s willingness to support Pourashava

The community is willing to support the Sub- Project as no land acquisition is needed; the construction work of road /drain will be along the existing ROW. The Children of the locality would be able to go to school easily, the common local people will be able to carry carry their commodities to sales center of the Pourashava market easily & also move in their vehicles other transports.

7 Difficulties occurred for construction work

Local are noticed about the development work of Pourashava and participants said they will accommodate their difficulties during construction work.

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IX. Appendix 2: Involuntary Resettlement Impact Assessment Checklist (Shibchar Pourashava)

Note: This is an expanded checklist based on ADB IR Impact Assessment Checklist. The

modifications are indented to facilitate quick IR assessment by PIUs of a proposed Subproject.

The checklist may be modified as deemed necessary during Project implementation

A. Introduction

Each Subproject/component needs to be screened for any involuntary resettlement impacts

which will occur or have already occurred. This screening determines the necessary action to be

taken by the Project team/design consultants.

B. Information on proposed scheme/sub-Project:

a. District name: Madaripur b. Location: Shibchar Pourashava (Shibchar Upazila Head Quarter) c. Proposed scheme considered in this checklist: (check one) x roads slaughterhouse x drainages market water supply community center/auditorium solid waste management bus and truck terminals sanitation river ghats (toilets, septage management, etc.) Others (please specify) x street lighting C. Screening Questions for Involuntary Resettlement Impact

PDP:R-

Involuntary Resettlement

Impacts Yes No

Not

Known emarks

Will the Project include any

physical construction work?

X Construction/Reconstruction

of 9 roads (Including Street

Light) & 03 drains

Does the proposed activity

include upgrading or

rehabilitation of existing

physical facilities?

X

A. Land (not applicable for public ROWs)

1. Ownership of land known? n/a N/A N/A N/A (if yes, check appropriate)

___ government

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Involuntary Resettlement

Impacts Yes No

Not

Known emarks

___ private

___ trust/community

___ traditional (IPs/tribal)

__X_ Others

Roads and Drains

2. Land purchase/acquisition (answer required even for land donation and/or negotiated land

purchase)- Not applicable

a. permanent (owner/s required

to transfer ownership/rights to

Pourashava)

X (if yes, provide purpose)

b. temporary (owner/s retain

rights/ownership)

X (if yes, provide purpose)

c. not required X (check appropriate)

__X_ land owned by

Pourashava

___ land owned by other

government agency

___ proposal will not require

land (scheme will be along

right of way or existing

facility)

3. Current usage of the land

known?

X if yes, check as appropriate:

___ agricultural

___ residential

___ commercial/business

___ community use

__X_ vacant/not used

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Involuntary Resettlement

Impacts Yes No

Not

Known emarks

___ private access road

___ others

(specify)_____________

4. Are there any non-titled

people who live or earn their

livelihood at the site/land?

X (If yes, provide description)

5. Are there any existing

structures on land?

X

(if yes, complete the following

information)

Not

applicable

- Residential X (if yes, provide number)

- Business/shops/stalls X (if yes, provide number)

- Fences X (if yes, provide description –

brick, bamboo, wired, etc.)

- Water wells X (if yes, provide number)

- Sanitation facility X (if yes, provide description)

- Others (specify)

__________________

X (if yes, provide description)

6. Are there any trees on land? X (if yes, provide number)

7. Are there any crops on land? X (if yes, provide if perennial

or seasonal)

8. Will people lose access to: X

- any facility X (if yes, provide description)

- services X (if yes, provide description)

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Involuntary Resettlement

Impacts Yes No

Not

Known emarks

- natural resources X (if yes, provide description)

9. Will any social or economic

activities be affected by land

use-related changes?

X

10. Are any of the affected

persons (AP) from indigenous

or ethnic minority groups?

X (if yes, provide description)

B. Linear Works

1. Within public RoW? X

2. Structures on RoW?

(applicable to full or partial

parts, applicable to

permanent/semi-permanent

structures)

X

- Residential X

- Commercial/business/stalls X

- Fence/boundary walls X

- Sanitation facility X

- Community facility X

- School/educational facility X

- Religious structure X

- Service provision (light poles,

water wells, etc)

X

- Others (specify) X

3. Any mobile vendors/hawkers

using RoW?

X

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Involuntary Resettlement

Impacts Yes No

Not

Known emarks

4. Will there be loss of

agricultural plots?

X

5. Will there be loss of trees? X

6. Will there be loss of crops? X

5. Will people lose access to:

- any facility X (if yes, provide description)

- services X (if yes, provide description)

- natural resources X (if yes, provide description)

6. Are any of the affected

persons (AP) from indigenous

or ethnic minority groups?

X (if yes, provide description)

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D. Attachments

1. Subproject with land requirement: Not applicable

a. Photograph/s of site/s: not applicable

b. Photograph/s of existing structure/s (permanent/semi-permanent): not applicable

2. Subproject along ROWs:

a. Photograph/s of each alignment (chain age wise at least 200 meters): not applicable

B. Photograph/s of existing structure/s (permanent/semi-permanent): not applicable

C. Photograph/s of trees/crops: not applicable

Prepared by: S.B.I.M. Safiq-ud-doula

Signature:

Name: S.B.I.M. Safiq-ud-doula

Position: Regional Resettlement

Specialist

UGIIP-

Verified by: Md. Abdul Karim

Signature:

Name: Md. Abdul Karim

Position: Deputy Team Leader

UGIIP-III

Date: 27th January 2017 Date: 27th January 2017

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___________________________________________________________________________

THIS PORTION IS FOR PMU AND MDSC SAFEGUARD TEAM USE ONLY

Date Checklist Received:

Database/Record Number:

Assigned category and further

actions

__x_ Category C

_ Category B (tentative)

_____ for verification of land purchase/acquisition

_____ for verification of land donation

_____ for verification of non-land donation

_____ for verification of voluntary resettlement

_ Category B

Assessed by: S.B.I.M. Safiq-ud-doula

Signature:

Name: S.B.I.M. Safiq-ud-doula

Position: Regional Resettlement Specialist

UGIIP-III

Noted by: Md. Abdul Karim

Signature:

Name: Md. Abdul Karim

Position: Deputy Team Leader

UGIIP-III

Date: 27th January 2017 Date: 27th January 2017

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X. Appendix 3: Indigenous People Check List/Small Ethnic Communities (SEC) Impacts

Introduction:

1. Each Project/Subproject/component needs to be screened for any impact on indigenous

people which will occur or have already occurred. Screening of impact determines the

necessary action to be taken by the Project team.

B. Information on Project/Subproject/component:

a. District name: Madaripur

b. Location (km):_Shibchar Pourashava ( Shibchar Upazila Headquarter (H.Q).)

c. Civil work dates (proposed): June 2016 to December 2017

d. Technical description: The Subproject contains 9 roads and 03 drains. The components of

the Subproject will involve schemes of improvement/rehabilitation of 18.981 (km) of existing

roads, and construction/reconstruction of 11.33 km of drainage in phase-2 of UGIIP-III (W-B).

Screening Questions for Indigenous People/SEC Impact

KEY CONCERNS (Please provide elaborations

in the “Remarks” column) YES

NO

NOT KNOWN

Remarks

A. Indigenous Peoples/SEC Identification 1. Are there socio cultural groups present in or using the Project area who may be considered "tribes" (hill tribes scheduled tribes, IP/SEC), "minorities" (ethnic or national minorities), or "indigenous communities"?

X

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

X

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

X

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

X

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

X

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

X

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

X

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KEY CONCERNS (Please provide elaborations

in the “Remarks” column) YES

NO

NOT KNOWN

Remarks

8. .Are such groups represented as "indigenous peoples,""ethnic minorities," "scheduled tribes," or "IP populations" in any formal decision-making bodies at the national or local levels?

X

B. Identification of Potential Impacts

9. Will the Project directly or indirectly benefit or target indigenous peoples?

Y

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

X

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

X

12. Will the Project be in an area (land or territory) Occupied, owned, or used by indigenous people, and/or claimed as ancestral domain?

X

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

13. Commercial development of the cultural resources and knowledge of indigenous peoples?

X

14. Physical displacement from traditional or customary lands?

X

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

X

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

X

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

X

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Indigenous People/SEC Impact

After reviewing the answers above, executing agency/safeguard team confirms that the proposed

Subsection/ section/Subproject/component (tick as appropriate):

[ ] has indigenous people (IP)/SEC impact, so an SECDP or specific SEC action plan is

required.

[√ ] has No IP/SEC impact, so no SECDP/specific action plan is required.

Prepared by: S.B.I.M. Safiq-ud-doula Signature: Name: S.B.I.M. Safiq-ud-doula Position: Regional Resettlement Specialist UGIIP-III

Verified by: Md. Abdul Karim Signature: Name: Md. Abdul Karim Position: Deputy Team Leader UGIIP-III

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XI. Appendix 4: Sample Grievance Registration Form

The Project welcomes complaints, suggestions, queries and comments regarding Project

implementation. We encourage persons with grievance to provide their name and contact

information to enable us to get in touch with you for clarification and feedback. Should you

choose to include your personal details but want that information to remain confidential, please

inform us by writing/typing ‘CONFIDENTIAL’ above your name. Thank you.

Date Place of registration

Contact Information/Personal Details

Name Gender * Male Age

Home Address Place Phone no. E-mail Complaint/Suggestion/Comment/Question Please provide the details (who, what, where

and how) of your grievance below:

If included as attachment/note/letter, please tick here:

How do you want us to reach you for feedback or update on your comment/grievance?

FOR OFFICIAL USE ONLY

Registered by: (Name of Official registering grievance)

Mode of communication:

Note/Letter E-mail Verbal/Telephonic

Reviewed by: (Names/Positions of Official(s) reviewing grievance)

Action Taken:

Whether Action Taken Disclosed:

Yes ( )

No ( )

Means of Disclosure:

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XII. Appendix 5: Grievance Redress Form (Bangla Version)

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` ÿ U R ¤§~ L ÖP i Ki Q K ? (wUK w`b)

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XIII. Appendix 6: Land Ownership Certificatie of Shibchar Pourahsava

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XIV. Appendix 7: Photographs of proposed roads and drains alignments of Shibchar Pourashava under Phase 2 of UGIIP-III (W-B).

R-8 Improvement of road by CC starting from thana road to Mr. Shajahan moll house

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