JACSES
Report > Apendix
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Appendix
1: Summary of Criticism Regarding Grievance Redress and Settlement
Committee (GRSC)
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1.
Institutional and decision-making framework for the Committee is inadequate
and against the interests of the Project affectees |
- 6
Executing Agencies, and 2 affectees out of 11 members of the Committee
(ToR, 2).
- "The
committee would establish its own working method…taking decisions
on recommendations based on majority views of the members under
a one member-one vote rule…(ToR, 3)".
- "Representatives
of communities affected will be nominated by the respective district
nazims in close consultation with district council members, and
will belong to the affected area (ToR, 2)".
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- Local
communities and affectees are the primary and core stakeholders
and thus must have a prominent role and direct voice in any
negotiation and decision-making process with regard to the grievance
redress.
- Executing
agencies, who are in fact beneficiaries, should not be
given de facto veto power.
- Vulnerability
or risk analysis should be conducted to identify those at risk
as core stakeholders, and various project affected groups
(*1) should be represented.
- Various
EAs should be considered a single stakeholder representing
the project organization. If the differentiation of the EA is
functionally required, it could be done through a separate inter-governmental
agencies coordination committee.
- Affectees
should have free and direct selection process of representatives,
ensuring the effective and legitimate representation of all
interest.
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2.
Policy and legal framework for the GRSC is arbitrary and inadequate
with regard to the compliance conditions |
- "Pakistan's
policies and legal framework, including but not limited to the
Land Acquisition Act [1894], will provide the fundamental basis
for the Committee's recommendations, which will be supplemented
by ADB's relevant policies, including ADB's Policy on Involuntary
Resettlement (1995) and ADB's Policy on Indigenous People (1998),
together with relevant guidelines including on the Incorporation
of Social Dimensions into Bank Operations, where legally possible
(ToR,3)".[Emphasis added]
- "In
regard to land acquisition, the Committee's role would be to see
that all matters relating to assessment and payment of land compensation
are handled fairly, transparently, and in compliance with the
Land Acquisition Act (ToR, 3)". [Emphasis added]
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- The
very notion of "supplemental by ADB's relevant policies"
is very arbitrary and can make the compliance review process
ambiguous.
- Conditions
of compliance with the ADB's policies, including the policy
on Involuntary Resettlement and Indigenous Peoples, should
be fulfilled.
- Pakistani
national policy and legal policy framework is inconsistent with
ADB policies. Land Acquisition Act, 1894, repressive and violate
basic human rights, should not be used.
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3.
The GRSC does not address the specific and concrete demands made in
the request. |
- "Demands
under the Request could delay the suggested effective remedial
measures and hamper quick resolution to all pending issues (Management
Response, para. 153)".
- Seven
demands in the Request is not addressed in the Management Response.
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- Meaningful
grievance redress process is not possible unless full technical,
social, environmental and cultural impact assessments of the
Project are made through an independent participatory and consultative
process.
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(*1)
Categories should include: (1) those facing the threat of involuntary
displacement in the non-command western region; (2) those facing the
threat of project induced flooding in the non-command eastern riverine
belt; (3) those affected by land acquisition; (4) tenants and small
farmers; (5) rowed-kohi users in the Western side; and (6) ethnic
minorities and indigenous groups; (7) female affectees. |
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Apendix
2: Illustrated Summary of Design Failures
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