Welcome to Lower Bari Doab Canal Improvement Project (LBDCIP)

Lower Bari Doab Canal Improvement Project

6. Resettlement Plans

6.1 Resettlement Plan in LBDCIP

Existing Law and ADB Policy

The existing law in Pakistan to deal with land acquisition and involuntary resettlement matters is the Land Acquisition Act (LAA), 1894 with its successive amendments. The LAA specifies a systematic approach for acquisition and compensation of land and other properties for development projects. According to this Act, only legal owners and tenants registered with the Land Revenue Department or possessing formal lease agreements, are eligible for compensation or livelihood support. The LAA does not automatically mandate for specific rehabilitation/assistance provisions benefiting the poor, vulnerable groups, or severely affected AHs, nor does it automatically provide for rehabilitation of income/ livelihood losses or resettlement costs. The ADB, based on its Involuntary Resettlement Policy, 1995 has provided Resettlement Framework (RF) to deal with the Involuntary Resettlement issues associated with the implementation of LBDCIP Tranche-I sub-projects.

Basic Principles of ADB Involuntary Resettlement Policy

The policy is based on the following principles:

  • Involuntary resettlement is to be avoided or at least minimized

  • Compensation/rehabilitation must ensure the maintenance of the APs pre-project living standards.

  • APs should be fully informed and consulted on compensation options.

  • APs socio-cultural institutions should be supported/used as much as possible.

  • Compensation will be carried out with equal consideration of women and men. Lack of formal legal land title should not be a hindrance to compensation and/or rehabilitation.

  • Particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous people and ethnic minorities, and appropriate assistance should be provided to help them improve their status.

  • Land acquisition and resettlement should be conceived and executed as a part of the project, and the full costs of compensation should be included in project costs and benefits.

  • Compensation/ rehabilitation assistance will be paid prior to handing over of project sites to the contractor for ground leveling, demolition, and in any case, before an impact occurs.

Resettlement Plan and its Essentials

RP is a time-bound action plan with budget; setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. It is required for every project in which there are resettlement effects. The essential elements of an RP are:

  • Identification of Land and Resettlement (LAR) issues: activities and items requiring LAR.alternative options, if any, considered minimizing land acquisition and its effects; and explain why remaining effects are unavoidable are discussed.

  • Scope of Land Acquisition and Resettlement: describes the preparation of the impacts (who carried it out and when it was initiated) and provides a full assessment of each type of impact and a census of affected peoples as described in the Resettlement Framework (RF). Description of the methodology followed to determine unit-compensation rates for each affecteditem and subsidyallowance is also provided.

  • Objectives,policy framework, and entitlements: This section outlines the eligibility andcompensation framework for the sub project.

  • Consultation and grievance redress participation:The procedures for carrying out meaningful consultation with the takeholders,disclosure of project information/ documents and grievance redress mechanism are described, as per requirements of the ADB approved RF.

  • Compensation, relocation, and income restoration: The strategies for compensation entitlements,relocation and income restoration measures to be implemented are provided.

  • Institutional framework: the institutional arrangements for the implementation of RP of the sub-project, consultations, coordinating, financing, monitoring and evaluation of land acquisition and resettlement activities are described.

  • Resettlement budget and financing: The unit compensation rate for each affected item is provided and assessment of the LAR budget for the sub-project is made. The LAR budget includes land acquisition and eventual land acquisition costs, amounts due for crop compensation and for thesubsidies and allowances, monitoring and evaluation costs, and administrative costs and will be adjusted for inflation and applicable taxes.

  • Implementation schedule: A time schedule showing the LAR process and linking LAR tasks with civil works implementation is provided.

  • Monitoring and evaluation: The arrangements for routine internal and independent monitoring and evaluation activities are discussed.

Resettlement Plan (RP) Preparation, Approval and Implementation

Based on the ADB policy on Involuntary Resettlement, RP is prepared by the Design and Supervision Consultants (DCSC) in accordance with the final design of each sub-project. The persons affected by the project are recorded on 100 % basis with the details of their losses and the proposed compensation. Consultations with the communities and Affected Persons (APs) are made during the RP preparation process. Detailed socio-economic surveys are conducted. The RP is vetted by the Resettlement Expert of the PMU Support Consultants and submitted by the PMU to the ADB for its concurrence/ approval. After the approval is received from the ADB, the RP is implemented by the PMU through Land Acquisition and Resettlement Unit (LARU).

Monitoring & Evaluation of RPs Implementation

LAR tasks under the Project are subject to both internal and external monitoring as per RF provisions. Internal monitoring is conducted regularly by the Executing Agency (EA) through Internal Monitoring Committee (IMC). For external monitoring, the services of an Independent Monitoring Specialist have been acquired with the approval/ concurrence of ADB. The external monitor has been mobilized and has submitted the 1st Independent Monitoring Report. According to the ADB approved TOR, the external monitor will submit the M & E reports about implementation of LAR related activities as planned in the ADB approved RPs, on quarterly basis.

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