Table 4 - 3 in Saidabad Water Treatment Plant Project, Phase III

Table 4-3 Harmonised Social Policies of WB/IFC and GOB 3 Sl. No.EIB/WB/IFC Social PoliciesNational PoliciesGaps with GOBA. ESS/PS-1: Assessment and Management of Environmental and Social Risks and Impacts EIA Guidelines for Industries of Department of Environment (DOE), February 2021A-1Identify any potentially adverse gender-specific risks and impacts.Not defined in EIA guidelines of DOE or even in the policies.Annex-B of EIA Guideline of DOE (Feb’2021) only mentioned the “gender discrimination issue” in the “Labor and employment issues” Sections.A-2Use gender-disaggregated baseline data and analysisThere is no guidance for the use of gender-disaggregated baseline data and analysis, and consider enhancing the design of the Project to promote equality of opportunity and women’s socioeconomic empowerment, particularly with respect to access to finance, services, and employment.Only Socioeconomic survey conducted following the EIA guideline.A-3Monitoring of gender-disaggregated data in the implementation period.No gender-disaggregated data advised for monitoring and evaluation purposes for the implementation period.Only Socioeconomic survey conducted following the EIA guideline.A-4Manage risks of Project-related Gender-based Violence (GBV)Not defined the management of risks of Project-related Gender-based Violence (GBV) to Project-affected persons and communities and Project workers.There is a section-14 in the Environmental Conservation Act 1995 about allowing appeal against the grievances to the appellate Authority. But no specific GBV mentioned in the ECA.A-5Health and Safety of Workers and CommunitiesNo Specific EHSGs and, as appropriate, industry-specific EHSGs, to the Project.Labor laws 2006 (as amended in 2013) are followed for the HS of Workers but no community issues are addressed in the laws.A-6Occupation Health and SafetyNational Occupational Safety and Health Policy in 2013 and working towards implementation of the policy in every industrial sector but not for general HS guidelines.It is Industry specific only. However, the government uses this approach as a standard practice.A-7Project induced Labor InfluxNo assessment and appropriately management of risks of adverse impacts on communities that may result from temporary Project-induced labor influx addressed in national policies/EIA guidelines.Annex-B of EIA Guideline of DoE (Feb’2021) only mentioned the “spread of diseases due to influx of migrant labor” but no assessment/management addressed.B. ESS/PS-5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement Acquisition and Requisition of Immovable Property Act, 2017 of Govt. of BangladeshB-1Involuntary resettlement should be avoided wherever possible.Not defined in the ActAct 2017 does not deal with the minimization of involuntary resettlement. However, the government uses this approach as a standard practice.B-2Minimize involuntary resettlement by exploring project and design alternatives.Not so clearly defined in the Act. Places of worship, graveyard and cremation grounds are not to be acquired for any purpose, unless the acquisition of these places is deemed unavoidable for the best of interest of the people.Act 2017 does not deal with these issues and does not comply with EIB/WB/IFC ESS/PS-5, as the Act 2017 has no strong provision for minimizing adverse impacts on private property or common resources, and does not deal with alternate design. The RPF clearly mentions how to minimize the involuntary resettlement through proper alternate engineering design and adequate consultation with stakeholders.B-3Conducting census of displaced persons and resettlement planningThe Act 2017 spells out that upon approval of the request for land by the office of the deputy commissioner, the acquiring and Requiring body staff will conduct the physical inventory of assets and properties found in the land. The inventory form consists of the name of person, quantity and quality of land, asset assets affected, and the materials used in the construction of house. The cut-off date is the date of publication of notice that land is subject to acquisition, and that any alteration or improvement thereon will not be considered for compensation.The Act 2017 does not require the coverage of the census survey. It only reflects the inventory of losses which is more in physical terms and only includes the names of the owners, etc. The EIB/WB/IFC policy spells out a detailed census through household surveys of displaced persons in order to assess the loss of income and vulnerability of the persons going to be affected by land acquisition but also population displacement and other entitlements as per the entitlement matrix. The RPF fills this gap by incorporating the need for a census survey for the displaced persons.B-4Carry out meaningful consultation with displaced persons and ensure their participation in planning, implementation, and monitoring of resettlement program.Section 3 of the ordinance provides that whenever it appears to the DC that any property is needed or is likely to be needed for any public purpose or in the public interest, he shall publish a notice at convenient places on or near the property in the prescribed form and manner stating that the property is proposed for acquisition.The Act 2017 does not directly meet EIB/WB/IFC ESS/PS-5. This section of the ordinance establishes an indirect form of information disclosure/public consultation. However, it does not provide for public meetings and project disclosure, so stakeholders are not informed about the purpose of land acquisition, its proposed use, or compensation, entitlements, and special assistance measures. The RPF deals with the proper consultation process, which involves all stakeholders (DPs, government department/line agencies, local community, NGO, etc.), and the consultation will be a continuous process at all stages of the project development, such as project formulation, feasibility study, design, implementation, and post-implementation, including the monitoring phase.B-5Establish grievance redress mechanism.Section 4 allows the occupant of the land to raise objections in writing. These should be filed to the DC within 15 days of the publication. The DC will then hear the complaints and prepare a report and record of proceedings within 30 days following expiry of the 15-day period given to DPs to file their objections.The section 4 provision is consistent with WB/IFC's grievance and redress policy. The RPF has a special provision for grievance procedures, which includes formation of a grievance redress committee, appointment of an arbitrator, and publication of the notice of hearings and the scope of proceedings. The APs can raise any grievances relating to LA&R issues.B-6Improve or at least restore the livelihoods of all displaced persons.The Act 2017 does not address the issues related to income loss, livelihood, or loss of the non-titleholders. This only deals with the compensation for loss of land, structures, crops and trees, etc. for the legal titleholders.Act 2007 does not comply with WB/IFC ESS/PS-5 as there is no provision to assess the impacts on incomes and livelihood from the loss of employment and business, or to restore lost incomes and livelihoods. The RPF keeps the provision for a census survey that will have the data on the loss of income and livelihood, and the same will be compensated as per the entitlement matrix for both physically and economically displaced persons.B-7Land-based resettlement strategyThe Act 2017 does not address these issues.The Act 2017 does not meet the requirement of WB/IFC ESS/PS-5. The RPF proposes the land-for-land compensation as its priority if feasible. Attempt will be made to find alternative land for the loss of land in case it is available and if it isfeasible, looking at the concurrence of host community and land value. However, this option may be a difficult proposition, considering the urban development projects in Bangladesh.B-8All compensation should be based on the principle of replacement cost.The Act 2017 states that the deputy commissioner (DC) determines the amount of compensation by considering: (i) the replacement cost of the property based on the average sale value of last 12 months preceding the publication of 1st notice of acquisition; (ii) the damage to standing crops and trees; (iii) damage by severing such property from the other properties of the person occupying the land; (iv) adverse effects on other properties, immovable or movable, and/or earnings; and (v) the cost of change of place of residence or place of business. The DC also awards a sum of 50% on the replacement cost of the property to be acquired.Act 2017 is largely consistent with WB/IFC ESS/PS-5. However, there are differences in the valuation of land and prices of affected assets, where EIB/WB/IFC prescribes the use of current market rates in the project area. Act 2017 does not ensure replacement cost or restoration of pre-project incomes of the displaced persons. The RAP addresses all these issues and spells out a mechanism to fix the replacement cost by putting in an independent evaluator who will be responsible for deciding the replacement cost, taking into consideration the Current Market Price and titling cost of the land.B-9Provide relocation assistance to displaced persons.If DC considers that the structure can easily be transferred, he/she will give relocation cost but not cash compensation under law.The Act 2017 does not define the additional relocation assistance to displaced persons, other than the compensation for the direct loss of land and property. Hence, Act 2017 does not comply with EIB/WB/IFC ESS/PS-5. The RAP provides the eligibility and entitlement for the relocation of the displaced persons in the form of relocation assistance, which includes shifting allowances, right to salvage materials, and additional transitional assistance for the loss of business and employment.B-10Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.The Act 2017 does not have this provision.The Act 2017 is not consistent with the requirements of WB/IFC ESS/PS-5. This is a major difference in the national law/policy compared to that of EIB/WB/IFC. The Act 2017 only takes into consideration the legal titleholders and ignores the non-titleholders. The objective of the RPF is to ensure that compensation and assistance is provided to all displaced persons, whether physically displaced or economically displaced, irrespectiveof their legal status of land on which the structure is built. The end of the census survey will be considered to be the cut-off date, and displaced persons listed before the cut-off-date will be eligible for assistance.B-11Disclose the resettlement plan, including documentation of the consultation in an accessible place and a form and languages understandable to affected persons and other stakeholders.The ordinance only ensures the initial notification for the acquisition of a particular property.There is no requirement under the Act, of disclosure of the RPF, whereas the EIB/WB/IFC ESS/PS-5 requires disclosure. This RPF will ensure that the resettlement plan for each project, along with the necessary eligibility and entitlement will be disclosed to the DPs in the local language (Bangla), in the project location and concerned government offices, and the same resettlement plan will also be disclosed on the executing agency's website and on the website of AFD/DSIF.B-11Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project's costs and benefits.The Act 2017 has a provision to include all the costs related to land acquisition and compensation of legal property and assets. However, it does not take into account the costs related to other assistance and involuntary resettlement.The Act 2017 partially meets the requirement of WB/IFC ESS/PS-5 as it only deals with the compensation pertaining to land acquisition. The Resettlement Action Plan provides the eligibility to both titleholders and non-titleholders with compensation and various kinds of assistance as part of the resettlement packages, and the entire cost will be the part of the project cost.B-12Pay compensation and provide other resettlement entitlements before physical or economic displacement.The Act 2017 has the provision that all the compensation will be paid prior to possession of the acquired land by EA.The Act 2017 meets the requirement of EIB/WB/IFC ESS/PS-5.B-13Monitor and assess resettlement outcomes, and their impacts on the standards of living of displaced persons.This is not so clearly defined in the Act 2017.The Act 2017 does not comply with EIB/WB/IFC ESS/PS-5. The RAP has a detailed provision for a monitoring system within the executing agency. The executing agency will be responsible for proper monitoring of the resettlement plan implementation, and the internal monitoring will also be verified by an external monitoring expert.C. ESS/PS-7: Indigenous PeoplesC-1Preparation of an Indigenous Peoples Plan (IPP)No IPP is addressed in ECA/ECRAnnex-B of EIA Guidelines for Industries of DOE (Feb’2021) only mentioned the “Indigenous people rights and/or minority rights issues”.C-2Special Considerations in ConsultationsFor IP nothing specifically addressed in the EIA national guidelinesA broader perspective of Stakeholder engagement processes/Public consultation and participation has addressed in the EIA guidelines of DoE.C-3Project-level Grievance Redress Mechanism (GRM)Not clearly defined the GRM in the ECA/ECR.There is a section-14 in the Environmental Conservation Act 1995 about allowing appeal against the grievances to the appellate Authority. But no specific GRM process/method mentioned in the ECA. 3 This table was prepared to undertake a gap analysis of social policy standards in Bangladesh with respect to international standards. WB/IFC's ESS/PS-1 covers stakeholder engagement. Therefore, EIB's stakeholder requirement is already included in Section A of Table 4.3.