Environmental & Social Management Framework - About ...

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Environmental and Social Management FrameworkPAPs’ participation should also be ensured during final assessment ofcompensation, resettlement and monitoring.Details of these consultations including dates, names of participants, issuesraised and how these have been addressed will be documented in the subprojectRAPs.7.5.2 Establishment of Grievance Redress MechanismsFor each sub-project a grievance redress mechanism will be established to allowAPs to appeal any disagreeable decisions, practices and Activities arising fromcompensation for land, assets settlements, and technical and general projectrelateddisputes. The APs will be made fully aware of their rights and theprocedures for doing so verbally and in writing during consultation, survey, andtime of compensation.For each sub-project, there is the potential for two types of grievances:grievances related to land acquisition and resettlement requirements, andgrievances related to compensation or entitlement.The APs will have access to both locally constructed grievances redresscommittees specified under existing government mechanism i.e. LCF and formalcourts of appeal system. Under the latter system every AP can appeal to thecourt if they feel that they are not compensated appropriately. They may appealto appellate court within 35 days of the public notice given to them.Special project grievance mechanisms such as on site provision of complainhearings allows project affected persons to get fair treatment on time. The LCFwill be established in each road affected VDC to handle initial grievances of theproject-affected people. The Project will handle issues regarding thecompensation damages done during construction. The APs will have unhinderedaccess to the Grievance Office to forward and file their complains without beingintimidated or being deterred by excessive bureaucratic hurdles. The provisionsof Local Community Liaison Assistant (CLA) in the project implementation aregood practices in this regard. CLA can be mobilised in order to help APs to filethe complaints and concerns to the concerned agency. APs will be exempt fromall administrative fees incurred, pursuant to the grievance redressal proceduresexcept for cases filed in court.A three-stage procedure for redress of grievances is proposed for theforthcoming sub-projects (see Box 1)Proposed Mechanisms for Grievance ResolutionBox 1Stage 1: Complaints of APs on any aspect of compensation, relocation, orunaddressed losses shall in first instance be settled verbally or inwritten form in field based project office (PO).The complaint can bediscussed in an informal meeting with the AP by the concernedpersonnel to settle the issues at the VDC level. The communityconsultation, involvement of social and resettlement experts andNGOs will be helpful in this regard. It will be the responsibility of theLCF and project manager to resolve the issue within 15 days fromthe date of the complaint received.Stage 2: If no understanding or amicable solution reached or no response fromthe PO, the AP can appeal to the CDC. While lodging the complaint,the AP must produce documents to support his/her claim. The CDCwill provide the decision within 15 days of registering the appeal.Stage 3: If the AP is not satisfied with the decision of CDC or in the absence ofany response of its representatives, within 35 days of the complaint,the AP, in his/her last resort, may submit its case to the District Court.April 2007 Chapter 7-15
Environmental and Social Management Framework7.6 Monitoring and EvaluationThe land acquisition and resettlement and vulnerable communities’ componentswill be monitored both internally and externally with the objective of providingfeedback to management on implementation and identifying problems andsuccesses as early as possible to facilitate timely adjustment of implementationarrangements.7.6.1 Monitoring Social Aspects Pertaining to RAP and VCDP in the Sub-ProjectsThe objectives of the monitoring program are:• to ensure that the standard of living of APs are restored or improved;• to monitor whether the time lines for resettlement and compensation are met;• to assess if compensation, rehabilitation measures and social developmentsupport program are sufficient;• to identify problems or potential social, ethnic or other conflicts; and• to identify methods of responding immediately to mitigate problems.The monitoring and evaluation of project-related activities with regard to thesocial implications will be carried out at two stages: First during the mid-term anda second yet to be determined by the DoR, most likely just before the projectcompletion. The mid-term evaluation will focus more on the process part and willexamine if the project is in the right track in implementation in terms of its projectdesign/planning and right processes are being followed. It will also assess thetype of adjustments/adaptations being made during the course of implementationas a result of the monitoring.7.6.2 Types of Monitoring AppliedFor sub-projects where resettlement and land acquisition will be required, specificmonitoring and evaluation program will be implemented to (i) record and assessproject inputs and the number of persons affected and compensated, and (ii)confirm that former subsistence levels and living standards are being reestablished.The range of activities and issues that would therefore have to berecorded and checked, include:a. land acquisition and transfer procedures;b. compensation payments;c. construction of replacement houses by displaced households;d. re-establishment of displaced households and businessenterprises;e. reaction of severely affected households, in particular, toresettlement and compensation packages; andf. re-establishment of income levels.Two main monitoring mechanisms will be applied:(1) Internal MonitoringThis type of monitoring studies the ongoing process and the respective outputs,compared against established social indicators. The projects, will be responsiblefor internal monitoring of RAP implementation. The GESU of DoR will supervisethe land acquisition and Vulnerable Community Development Plan (VCDP)components of the RAP. The Social Division of GESU give guidance on themonitoring and prepare quarterly reports on the findings of the monitoring reportsreceived from the sub-projects. The funding agency (World Bank) will receivecopies of these monitoring reports.Chapter 7-16 April 2007
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