afg: north–south corridor project yakawlang – bamyan road … · 2014-09-29 · yakawlang –...

Resettlement Planning Document

The land acquisition and resettlement plan 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.

Land Acquisition and Resettlement Plan Document Stage: Final Project Number: 39467 September 2009

AFG: North–South Corridor Project Yakawlang – Bamyan Road Section(Package 3)

Prepared by: Ministry of Public Works, Islamic Republic of Afghanistan

Reconstruction and Rehabilitation of the North-South Corridor Project (Yakawlang-Bamyan Package)

Land Acquisition and Resettlement Plan (LARP) ADB Loan 2257 AFG (SF) and Grant No. 0054 AFG (SF)

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Table of Contents

List of Abbreviations ......................................................................................................................... 6

List of Glossary Terms...................................................................................................................... 7

Executive Summary........................................................................................................................ 10

1.0 Introduction .......................................................................................................................... 14

1.1 General............................................................................................................................. 14

1.2 Project Description ........................................................................................................... 14

1.3 Location, Description and Scope of LARP ....................................................................... 15

1.4 Defining the Corridor of Impact ........................................................................................ 19

1.5 Objectives of the Resettlement Plan ................................................................................ 19

1.6 LARP-Related Conditions for Project Implementation ..................................................... 19

1.7 Document Disclosure ....................................................................................................... 19

1.8 Census survey and cut-off date........................................................................................ 20

2.0 Socio-Economic Profile of AHs ............................................................................................ 21

2.1 Socio-Economic Profile of Bamyan Province ................................................................... 21

2.1.1 Geography.................................................................................................................... 21

2.1.2 Demography ................................................................................................................. 22

2.1.3 Human Resources ........................................................................................................ 22

2.1.4 Natural Resources ........................................................................................................ 22

2.1.5 Agriculture..................................................................................................................... 22

2.1.6 Physical Infrastructure .................................................................................................. 23

2.1.7 Institutional Constraints ................................................................................................ 24

2.2 Socio-Economic Survey ................................................................................................... 24

2.2.1 Methodology ................................................................................................................. 24

2.2.2 Household Demographic Information ........................................................................... 24

2.2.3 Housing Information...................................................................................................... 27

2.2.4 Household Economic Information................................................................................. 28



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2.2.5 Household Income and Expenditure............................................................................. 29

2.2.6 Migration ....................................................................................................................... 33

2.2.7 Gender Issues .............................................................................................................. 33

2.2.8 Transport Use ............................................................................................................... 35

3.0 Baseline Impact Information ................................................................................................ 36

3.1 Methodology..................................................................................................................... 36

3.2 Impact Assessment .......................................................................................................... 37

3.2.1 Land Impacts ................................................................................................................ 37

3.2.2 Houses and Other Structures ....................................................................................... 37

3.2.3 Agricultural Crops ......................................................................................................... 38

3.2.4 Wood and Fruit Bearing Trees...................................................................................... 39

3.2.5 Business/Income .......................................................................................................... 40

3.2.6 Rentals.......................................................................................................................... 41

3.3 Affected Households/Persons Census............................................................................. 41

3.3.1 Loss of Land ................................................................................................................. 41

3.3.2 Loss of Houses & Other Structures .............................................................................. 42

3.3.3 Agricultural Crops ......................................................................................................... 42

3.3.4 Loss of Trees. ............................................................................................................... 44

3.3.5 Impacts on Business & Other Income Losses .............................................................. 44

3.3.6 Severe Agricultural Land Impacts and Vulnerable Groups........................................... 45

3.3.7 Resettlement Options ................................................................................................... 45

3.3.8 Number of Affected Households/Persons..................................................................... 47

4.0 Legal & Policy Framework for Resettlement........................................................................ 48

4.1 Law & Policy on Land Acquisition in Afghanistan............................................................. 48

4.2 ADB’s Policy on Involuntary Resettlement ....................................................................... 49

4.3 Comparison of Policies..................................................................................................... 49

5.0 Policy Framework and Entitlements..................................................................................... 51



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5.1 Basic Principles ................................................................................................................ 51

5.1.2 Project Policies ............................................................................................................. 51

5.2 Eligibility & Entitlement ..................................................................................................... 52

5.2.1 Eligibility........................................................................................................................ 52

5.2.2 Land Tenure in Afghanistan and Compensation Entitlements ........................................... 53

5.2.3 Entitlements to Compensation & Livelihood Restoration.............................................. 55

6.0 Institutional Arrangements ................................................................................................... 58

6.1 General............................................................................................................................. 58

6.2 Overall Organization – Ministry of Public Works (MPW) .................................................. 58

6.3 Implementing Consultant (NGO) ...................................................................................... 59

6.4 Local Government ............................................................................................................ 60

6.5 Independent External Monitoring Agency ........................................................................ 61

7.0 Public Consultation and Participation .................................................................................. 62

7.1 General Public Consultation............................................................................................. 62

7.2 Public Consultation........................................................................................................... 62

7.2.1 Village Meetings ........................................................................................................... 62

7.2.2 Consultations with Government Officials and Other Stakeholders ............................... 64

7.3 Preparation of Project Specific Informative Material ........................................................ 64

7.4 Disclosure......................................................................................................................... 65

8.0 Complaint and Grievance .................................................................................................... 66

9.0 Monitoring & Evaluation ....................................................................................................... 68

9.1 Internal Monitoring............................................................................................................ 68

9.2 External Monitoring .......................................................................................................... 68

9.3 Management Information System .................................................................................... 69

9.4 Reporting Requirements .................................................................................................. 69

10.0 Preparatory Actions and Implementation Schedule............................................................. 70

10.1 LARP Preparation Actions................................................................................................ 70



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10.2 Process of LARP Implementation .................................................................................... 70

10.3 Implementation Schedule................................................................................................. 72

11.0 Unit Compensation Rates and Budget................................................................................. 73

11.1 Unit Compensation Rates ................................................................................................ 73

11.1.1 Establishing Rates for Land Acquisition & Resettlement.............................................. 73

11.1.2 Rates Used in Resettlement Plan................................................................................. 73

11.1.3 Valuation of Land.......................................................................................................... 73

11.1.4 Valuation of Structures ................................................................................................. 75

11.1.5 Valuation of Crops and trees ........................................................................................ 75

11.1.6 Income Restoration Allowances ................................................................................... 77

11.1.7 Compensation Payment Process ................................................................................. 77

11.2 Cost Estimate & Budget ................................................................................................... 78

11.2.1 Cost of Compensation for Land .................................................................................... 78

11.2.2 Cost of Compensation for Structures............................................................................ 78

11.2.3 Cost of Compensation for Trees................................................................................... 78

11.2.4 Cost of Compensation of Agricultural Crops................................................................. 79

11.2.5 Cost of Compensation for Income & Business Losses................................................. 79

11.2.6 Cost for Special Allowances ......................................................................................... 80

11.2.7 Summary of Cost estimate and Budget ....................................................................... 81

List of Annexes ............................................................................................................................... 83

Annex 1 -- List of Project Affected Households and Persons ..................................................... 83

Annex 2 – Highlights of the Public Consultations........................................................................ 94

Annex 3 – Information Booklet .................................................................................................... 99

Annex 4 Terms of Reference Implementing Consultant........................................................ 103

Annex 5 Terms of Reference (TOR) External Monitoring Service Provider .......................... 106

Annex 6 Statement of Official Approval of Land Compensation Rates…………………….. 111



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List of Abbreviations ADB Asian Development Bank AH (Project) Affected Household AP (Project) Affected Person DMS Detailed Measurement Survey EA Executing Agency EMA External Monitoring Agency GRC Grievance Redress Committee IC International Consultant IOL Inventory of Losses IRA Islamic Republic of Afghanistan km kilometer LAL Land Acquisition Law LARP Land Acquisition and Resettlement Plan m meter MPW Ministry of Public Works MoF Ministry of Finance NGO Non-governmental organization PIU Project Implementing Unit PMU Project Monitoring Unit ROW Right-of-way RP Resettlement Plan Sqm Square meter TOR Terms of Reference



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List of Glossary Terms Affected Persons (APs) mean all the people affected by a project through land acquisition,

relocation, or loss of incomes and includes any person, household (sometimes referred to as project affected family), firms, or public or private institutions who on account of a development project would have their; (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. APs therefore include; i) persons affected directly by the right of-way or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project.

Census means the pre-appraisal population record of potentially affected

people, which is prepared through a count based on village or other local population data or census.

Compensation means payment in cash or kind for an asset to be acquired or affected

by a project at replacement costs. Cut-off-date means the date after which people will not be considered eligible for

compensation i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off date for the titleholders is the date of the detailed measurement survey.

Displacement means either physical relocation or economic displacement whereby

the impact of loss of incomes force people to relocate in order to initiate alternative strategies of income restoration.

Detailed Measurement Survey means the detailed inventory of losses that is completed after detailed

design and marking of project boundaries on the ground. Encroachers mean those people who move into the project area after the cut-off

date and are therefore not eligible for compensation or other rehabilitation measures provided by the project.

Entitlement means the range of measures comprising cash or kind compensation,

relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base.



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Income Restoration means the measures required to ensure that APs have the resources to at least restore, if not improve, their livelihoods. Restoration of incomes of all affected persons is one of the key objectives of ADB’s resettlement policy. It requires that after resettlement, all of the affected persons should have incomes that are at least equivalent to their pre-project income levels or otherwise improvement. Though resettlement programs should be designed to help improve the standards of living and income levels of the affected population, they must as a minimum be restored.

Indigenous Peoples mean the people indigenous to an area and include ethnic minorities

as defined by ADB’s Policy on Indigenous People. Projects where resettlement of indigenous peoples is required should be prepared with extreme sensitivity to the cultural requirements of those groups. ADB’s Policy sets out the requirements for dealing with the potential effects of projects on indigenous peoples.

Inventory of Losses means the pre-appraisal inventory of assets as a preliminary record of

affected or lost assets. Jerib means the traditional unit of measurement of Afghanistan. One Jerib

is equivalent to 2,000 square meters of land. One hectare is equivalent to 5 jeribs.

Land Acquisition means the process whereby a person is compelled by a public agency

to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation.

Non-titled means those who have no recognizable rights or claims to the land

that they are occupying and includes people using private or state land without permission, permit or grant.

Poor- Those falling below the UN poverty line of 1 dollar per person per day

or equivalent to AF 52. Relocation means the physical shifting of APs from his/her pre-project place or

residence, place for work or business premises. Rehabilitation means the assistance provided to severely affected APs to

supplement payment of compensation for acquired assets in order to improve, or at least achieve full restoration of, their pre-project living standards and quality of life to pre-project level.

Replacement Cost means the method of valuing assets to replace the loss at market

value, or its nearest equivalent, and means the amount of cash or kind needed to replace an asset in its existing condition, at current market price without deduction of the costs of any transaction (administrative charges, taxes, registration or titling costs) or for any material salvaged.

Resettlement means all social and economic impacts that are permanent or

temporary and are (i) caused by acquisition of land and other fixed



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assets, (ii) by change in the use of land, or (iii) restrictions imposed on land as a result of the project.

Resettlement Plan means the time-bound action plan with budget setting out resettlement

strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation.

Severely Affected APs means APs that are affected by significant impacts within the meaning

of the definition below. Significant Impact means 200 people or more will experience major impacts, which are

defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating).

Sharecropper and/or Tenant cultivator is a person who cultivates land they do not own for an agreed

proportion of the crop or harvest. Structures mean all structures affected, or to be acquired, by the project - living

quarters, wells, hand pumps, agricultural structures such as rice bins, animal pens, stores/warehouses, commercial enterprises including roadside shops and businesses.

Squatters mean the same as non-titled person i.e. those people without legal title

to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation based on the lack of title.

Vulnerable means any people who might suffer disproportionately or face the risk

of being marginalized from the effects of resettlement i.e; (i) single household heads with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) elderly households with no means of support; (v) the landless or households without security of tenure; and (vi) ethnic minorities.



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Executive Summary

1. This is the updated and final full Resettlement Plan for Yalawlang-Bamyan (package 3) of the Reconstruction and Rehabilitation of the North-South Corridor Project based on the final impact of the AHs/APs census survey. The full implementation of the compensation programme described in this LARP including the full delivery of compensation to the APs and full disclosure of project documents to the public will be a condition for the provision of no-objection to contractor mobilization in the field and to initiation of civil works. 2. The cut off date was July 3rd 2009. Final survey of impacts and losses has indicated that the project would permanently acquire 405,261 sqm. There will be loss of 56 structures. The affected area for agricultural crops amounted to 203, 371 sqm while 20, 241 trees are permanently affected by the project. 3. The consultation process in the project area is ongoing for a number of months, and has been undertaken by both the executing agency and the consultants. The AHs have already been informed about their right to file complaints and/or queries on any aspects of land acquisition compensation, and resettlement. MPW through an implementing consultant (NGO) will soon initiate the implementation process of this LARP subject to approval by the ADB. A timeline for LARP preparation, implementation and post implementation has been prepared in accordance with different steps covered under this LARP. 4. This LARP has been developed as per ADB’s Policy on Involuntary Resettlement and Operational Manual (OM) Section F2/OP&BP (2006), and Land Acquisition Law (LAL) of Afghanistan. However, where the LAL is not clear, a project-specific set of resettlement principles consistent with ADB policy and based on nature of losses/impacts, entitlement for compensation and the adopted principles, the compensation has been earmarked in the entitlement matrix.

5. Efforts to minimize impacts on land acquisition and resettlement have been undertaken including the reduction of the corridor of impact from 30 meters to 15 meters or construction limit whichever is wider. However, there are some unavoidable land acquisition and resettlement required to undertake and complete the road project. The summary of the impacts are shown in the following Table 1. Table 1 Summary of Impacts

Land (A) Affected Area Private Land Agricultural Irrigated 278,321 Non-irrigated 5,365 Orchard 31,480 Non-cultivated 69,812 Residential/Commercial 15,539 Public Land 4,744

Sub-Total 405,261 Structure (B) Affected Area (sqm)

Mud/brick/wood walls, mud/tin roof 3618 Tiled roof and normal cement floor 6,271 RCC, single/double storey building 40



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Total 9,929 Crop(C) Affected Crop Area (sqm)

Animal Grass 57,308 Barley 5317 Bean 16,101 Onion 953 Potato 22,924 Wheat 100,768

Sub-Total 203,371 Tree (D) No of Trees

Wood tree (Cottonwood) 19,465 Productive Fruit Tree 315 Non-Productive Fruit Tree 461

Sub-Total 20,241 Business/Income Losses (E) Affected Person

Permanent Business Loss (shops) 6 Income Loss (renter) 1 Income Loss (caretaker) 3 Temporary Income Loss (renter) 1 Income Loss (wage earner) 2 Income Loss (caretaker) 2

Sub-Total Special Allowance (F) Affected Household/Area

Severe Land Impact 184504 sqm Vulnerable Allowance 307 AHs Relocation Allowance 11 AHs

Sub-Total 6. The basic principles and policies applicable in this LARP are: (1) avoid negative impacts on land acquisition and involuntary resettlement on persons affected by the project to the extent possible; (2) AHs/APs losing assets, livelihood and/or other resources will be fully compensated and/or assisted so that they will be able to improve or at least restore their former economic and social conditions. Compensation will be based on full replacement costs, free of depreciation, transfer costs and eventual salvaged materials; (3) the final compensation eligibility cut off date will be the completion date of the census and inventory of loss; (4) compensation will include not only immediate losses but also temporary losses of business and livelihood, training for alternative livelihood and support to cover income losses during training and social rehabilitation programs, including employment on civil works; (5) as plots to be acquired are few and scattered in nature, land for land compensation will not be considered; (6) lack of formal legal title will not be a bar to compensation or rehabilitation; (7) particular attention will be paid to AHs headed by women and other vulnerable groups, and appropriate assistance will be provided to improve their status. Other compensation/ rehabilitation provisions will equally apply across gender lines and (8) full compensation of affected assets will be a prior condition for the initiation of civil works. No objection for the contractors’ mobilization for road legs with resettlement impacts will only be given if compensation and rehabilitation have been provided in full to the AHs/APs. The entitlements provided under this plan are described below in Table 2.



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Table2 Entitlement Matrix

Item Application Eligibility Entitlement Agricultural Land loss

Land affected by right-of-way (ROW)

AP with title, formal/customary deed, or traditional land right as vouched by local Jirga, elders or Community Development Council.

- Cash compensation at replacement/ market value .All fees, taxes, or other charges, as applicable under relevant laws are to be borne by the Project. - Transitional allowance for livelihood losses at AF5,200 for 3 months

Crops losses Standing crops on affected land

Owners of crops/ sharecroppers

- Cash compensation equal to market value of crop lost plus cost of replacement of seeds for the next season.

Trees Losses Standing trees in affected land

Owner of trees -Wood trees: market value based on value of wood. - Fruit trees (productive): compensation equal to one year produce of the tree x number of years needed to re-grow the tree - Fruit trees (non-productive): compensation for seeds and

Residential or commercial land loss

Residential/commercial land affected.

Owner(s) of land. - Cash compensation at replacement/ market value .All fees, taxes, or other charges, as applicable under relevant laws are to be borne by the Project.

Residential and commercial buildings loss

structure in ROW Owners of structures or renters

-Cash compensation at replacement/market value of structure free of depreciation, taxes/fees and salvaged materials. -Partly affected buildings (<20% impact) may be compensated only for damages if owner so wishes. -Relocated owners will receive a relocation allowance of AF5,000 for relocation/transport costs plus a transitional allowance for livelihood losses at AF5,200 for 3 months. -Relocated renters will receive a relocation allowance of AF5,000 for three months plus a transitional allowance for livelihood losses at AF5,200 for 3 months.

Loss of Business by shop owners and employees

Permanent or temporary business losses along the ROW

Business/Shop owners - Business Owner: i) Cash compensation equal to 6 months income if loss is permanent; ii) cash compensation for the business interruption period up to 3-months if loss is temporary. Compensation will be calculated based on tax receipts or when these are not available based on fixed rates (AF 6,000) - Worker/employees: indemnity for lost wages up to 3-months income

Employees/ sharecroppers los of salary

Land and structure on ROW

Employees in shops and sharecroppers

- One-time lump sum grant; minimum one month’s income assessed on a case-to-case basis.

Severe impact allowance

Agricultural land, structures and business

Agricultural land owners, leaseholders and sharecroppers,

- Additional allowance for severe impacts on land (>10% of holdings) equal to market value of a year’s net income crop yield of land lost.

Assistance to vulnerable AH

AH below poverty line and WHH

Lump sum assistance of AF5,200 for 1 month Employment in construction activities

Impacts on Irrigation canals

Land on ROW AH losing irrigation canals Project will ensure that irrigation channels are diverted and reclaimed to previous standard

Unforeseen impacts

Unforeseen impacts will be documented and mitigated based on the principles agreed in this resettlement plan

7. Different techniques of consultations with stakeholders were used during the project preparation such as in-depth interviews, public meetings, focus group discussions, etc. A census and inventory of losses and socio-economic survey were conducted to determine the extent of losses and establish the socio-economic profile of the AHs/APs. A total of 331 households comprising of 4,068 persons have been consulted as part of the census survey. Consultations were held with the different villages and were participated by provincial officials, local shura leaders and the local communities. Consultations were carried out with special emphasis on the vulnerable groups. 8. MPW is the executing agency (EA) for the Project. A Project Management Unit (PMU) (ADB funded projects) and a Project Implementing Unit (PIU) have already been established to implement resettlement activities. For the task of resettlement implementation, MPW will have an



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Environment and Social Management Unit (ESMU). In addition, MPW with the concurrence of ADB will engage an Implementing Consultant (NGO) who will be involved in the implementation of land acquisition and resettlement plan and an independent External Monitoring Agency (EMA) who will provide external monitoring services.

9. The involvement of local government units is vital in the implementation of LARP. The primary institutions involved in this implementation are the following; Islamic Republic of Afghanistan (IRA), Ministry of Public Works (MPW), Project Management Unit (PMU), Environment and Social Management Unit (ESMU), Project Implementation Unit (PIU), Local Government Units, Implementing Non-Government Organization (INGO), Grievance Regress Committee (GRC) and the Construction Supervision Consultant (CSC).

10. Grievances will be addressed adequately at all stages of project development. The Grievance Redress Committee (GRC) will be established at the province level with the primary objective of providing a mechanism to facilitate conflict resolution and minimize court cases. It will also provide affected people a forum to ventilate their objections and address their issues and concerns adequately. The GRCs will continue to function during the entire life of the project.

11. The resettlement cost estimate for this project includes eligible compensation, resettlement assistance and support cost for LARP implementation. The EA (MPW) will ensure timely allocation of funds and availability of resources for compensation and assistance to the affected households. MPW will plan in advance and include in their budget its counterpart funding for this project. The total estimated cost for resettlement of Package 3 is estimated to be AF. 193,326,113.00.

12. The implementation schedule for this resettlement plan will be scheduled based on the overall project implementation. The construction period for this project is tentatively scheduled for three years and all related activities related to land acquisition and resettlement are planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultations, internal and external monitoring will be undertaken intermittently throughout the project duration. 13. The LARP implementation will be closely monitored to provide the PMU with an effective basis for assessing resettlement progress and identifying potential difficulties and issues. Internal monitoring will be undertaken by the PIU with the assistance of the PMU/ESMU. Monthly reports will be prepared and submitted to the PMU. The EA will appoint an independent External Monitoring Agency (EMA) to undertake external monitoring. The EMA will monitor the project and submit reports directly to the EA. The EA will submit all external monitoring reports to ADB for review. The EMA will cover administrative, socio-economic and impact evaluation monitoring.



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1.0 Introduction

1.1 General 14. The Ministry of Public Works (MPW) of Afghanistan has prepared this final Land Acquisition and Resettlement Plan (LARP) for Package 3 (Yakawlang-Bamyan Section), one of the three sub-projects of the Rehabilitation and Reconstruction of the North-South Corridor Project, included in the ADB’s Loan 2257-AFG (SF) and Grant No.0054-AFG (SF). This final Resettlement Plan of Package 3 has been prepared based on the detailed and final design, alignment and ROW of the Rehabilitation and Reconstruction of the North-South Corridor Project, a census survey of 100% losses, socio-economic survey of 41% affected households, and on-going extensive consultations with the AHs/APs, in accordance with the ADB Policy on Involuntary Resettlement (1995) and Land Acquisition Act of Afghanistan. A number of meetings, workshops, interviews, focus group discussions with the AH/APs and other stakeholders were held in the preparation and finalisation of this LARP. It has been reviewed and fully endorsed by the MPW, the executing agency (EA).

1.2 Project Description 15. The Yakawlang-Bamyan Project is located in Bamyan Province in Central Afghanistan. It starts from the outskirts of Yakawlang in front of the police checkpoint and ends approximately 2.4 kilometres from the roundabout crossing in Bamyan City. The total length of the subproject is approximately 86.7 km.

Mazar Sharef-Pol-e-Baraq Pol-e-Baraq - Darisof

Yakawlang –Bamyan

North South Corridor Road Project



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1.3 Location, Description and Scope of LARP 16. A summary Land Acquisition and Resettlement Plan (LARP) of this subproject was prepared and submitted as part of Report and Recommendation of the President of ADB to its Board of Directors in September 2006 with anticipation that upon finalization and revision of design and alignment of the project road, the RP would be revised, up-dated and re-submitted for ADB approval. 17. The contractor carried out the initial identification of affected households and persons and their assets during the initial road survey to establish the center line and construction limits of the project. From the initial works done by the contractor on LARP, this project requires a full resettlement plan as enunciated by ADB policy on Involuntary Resettlement. Based on this policy, a full resettlement plan is required if the proposed project such as this project will have significant resettlement impacts. Resettlement is significant when 200 or more people will be physically displaced from housing and/or having 10% or more of their productive, income generating assets lost. Package 3 is classified as Category A and will need a full resettlement plan because about 523 households with 3,707 persons have been previously identified to be affected by the project in the resettlement framework. 18. In compliance with all requirements of the ADB policy for an early approval to carry out the civil works for road sections which did not involve any land acquisition, the Inception Report and the Due Diligence Report (DDR) were submitted by MPW to ADB for the issuance of a No Objection Letter. ADB Policy permits civil works to commence on road legs that have no obstructions and resettlement issues provided that these road legs are at least longer than 5 kilometers which was previously pre-determined to be economically feasible to start civil works. A



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No Objection Letter was issued dated April 16, 2009 for sections without resettlement impacts authorizing the initiation of civil works for Package 3 from km 10.180 to km 24.240 (14 km) and from 27.040 to km 60.040 (33km). 19. For road sections with resettlement impacts, civil works may only start after all compensation activities have been carried out. This will be contained in a compliance report to be submitted by the external monitoring agency to ADB detailing the dates when compensation have been provided to all AHs/APs. If the compliance report is found to be satisfactory by ADB, a No Objection Letter will be issued to initiate civil works for road sections with resettlement impacts. This is the only time that the contractor may start civil works for sections with resettlement impacts. 20. The contractor has been notified and ordered to immediately cease and desist from further undertaken any construction works for all road sections outside of the sections mentioned in the April 16, 2009 No Objection Letter covering road sections without any resettlement impacts longer that 5 kilometers. A review of this situation revealed that sections with resettlement impacts and with on-going construction activities were undertaken by the contractor without any written or oral approval to start construction activities or any approved plans from the supervising engineer. The contractor complied with the order to stop construction of road legs with resettlement impacts. 21. The following linear plan shows the road legs with resettlement issues as well as those road legs that do not have resettlement issues. It also shows the road legs wherein construction activities are on-going as well as a short description of each road leg.



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Note: Construction activities were stopped by the contractor in km 80 to 83 upon the advice of the Consultant in compliance with ADB Policy on Involuntary Resettlement. 22. The initial identification of affected households and assets were made by the contractor based on the old chainage or stationing. However, based on the new stationing, the start of the road project is now km 04+600 of the old stationing. In addition, there are some design

15+000

30+000

45+000

60+000

45+000

30+000

60+000

15+000

Km 75+000

24+260 27+000

Linear Sketch Plan Yakawlang - Bamyan

Without LAR (On-going Const)

With LAR Impact Without LAR Impact

LEGEND

01+440

00+000 03+440 06+140 10+180 13+100 15+100

62+600

83+930

75+000 86+700

85+900

04+680



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improvements that shorten the length of the project. Furthermore, the census and inventory of assets utilize the new stationing to come up with the actual list of AHs. These are the reasons for some variations on the road legs with impacts and without impacts as submitted in the earlier reports. The details of road legs with and without impacts are shown in Table 3. Table 3. Summary of Road Legs with Resettlement and Without Resettlement Impacts

Location Description Length Status Remarks AHs/APs

Km 0+000 to Km 01+440

This road leg is a spill over of the residential expansion of Yakawlang area.

1.44 No works Impacts occur

16 AHs 218 APs

Km 01+440 to Km 03+440

This section is located in a mountainous area with no resettlement issues 2.00 No works No

impacts None

Km 03+440 to 04+680

This road leg is a spill over of the residential expansion of Yakawlang area 1.24 No works Impacts

occur 3 AHs 47APs

Km 04+680 to

Km 06+140

After Yakawlang, this road leg snakes into deep ravines. There are no resettlement issues in this road leg

1.46 No works No impacts None

Km 06+140 to Km 10+180

The village of Feroz Bahar is located in this section. There are some structures and agricultural lands that will be affected by the project


48AHs 750 APs

Km 10+180 to 13+100

This section is located in a mountainous area with the highest elevation at 3,400 meters above sea level. The corridor of impact is uninhabited and without any agricultural activity


Km 13+100 to Km 15+100

There are some lands that will be affected by the project. 2.00 No works Impact

occur 15 AHs 186 APs

Km 15+100 to Km 24+ 260

This section is located in a mountainous area with no resettlement issues 9.16

Work in Km 15+100

to Km 24+260

No impacts None

Km 24+260 to 27+000

The village of Koykonak is located in this road section. There are some agricultural lands that will be affected by the project


31AHs 312 APs

Km 27+000 to 62+600

This section is located in a mountainous area with the highest elevation at 3,400 meters above sea level. The corridor of impact is uninhabited and without any agricultural activity

35.60 Works in km 27+000 to

Km 62+600

No impacts None

Km 62+600 to Km 83+930

The village of Shiadon is located in this section. The road leg is characterized by houses and other structures as well as agricultural land obstructing the ROW. The site clearing has the permission of APs.

21.38 Work stopped

Impacts occur

204 AHs 2340 APs

Km 83+980 to Km 85+900

There are no resettlement issues in the section. It is characterized by rugged mountainous terrain with the existing road located in a deep gorge.




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Km 85+900 to Km 86+700

The village of Sowghda is located in the section. A 2-km road stretch has on-going construction activities but limited only on the road crest of around 15 meters. This on-going activity has the approval of the Provincial governor.

0.80 Works stopped

Impacts occur

14 AHs 215 APs

23. The Ministry of Public Works as the executing agency will be responsible for the implementation of the LARP through an NGO who will be tasked to implement this LARP in the field. The implementation of the LARP shall only commence upon the appointment of the designated NGO and an external monitoring agency that would closely monitor LARP implementation.

1.4 Defining the Corridor of Impact 24. Based on the Interim Road and Highway Standards of Afghanistan (2005), the road right of way is 15 meters from the center line on both sides of the road. In some mountainous areas of the road alignment, the corridor of impact extends beyond the road right of way because of the cuts and/or fills required to produce the road carriageway. However, to minimize the impacts on land, structure and other assets, MPW and ADB agreed to reduce the 30 meter ROW to 15 meters or construction limit, whichever is wider.

1.5 Objectives of the Resettlement Plan 25. The purpose of the final Resettlement Plan (RP) is to identify who will be affected by construction of the road, to what degree they will be affected (i.e. what type of loss they will suffer) and how they will be compensated to ensure that they are not adversely affected by the project or left in a worse situation than in a “without project” case. In all cases, the overall aim is to at least restore, if not enhance, the livelihoods of APs. The primary objective of the RP is to provide necessary details for compensation, resettlement and rehabilitation by identifying i) the extent of losses; ii) the policy and framework for compensation payments and relocation; (iii) institutional framework for participation and implementation; and (iv) responsibilities for monitoring the implementation measures.

1.6 LARPRelated Conditions for Project Implementation 26. The initiation of civil works on the whole Package 3 will be contingent on the compliance to the following conditions;

• Approval of this LARP by ADB; • Full disclosure of this LARP to the public; • Full implementation of the compensation programme described in this LARP including the

full delivery of compensation to the APs. • External monitoring agency is in place. • A No Objection Letter issued by ADB to initiate civil works for sections with resettlement

impacts.

1.7 Document Disclosure 27. This RP will be translated in Dari and distributed for disclosure at the PIU, provincial government, district government village leaders and affected households. A summary of this RP (attached as Annex-3) will also be distributed to all affected households either through the registered mail or through the representatives of AHs.



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1.8 Census survey and cutoff date 28. The final census to prepare 100% asset inventory of APs and socio-economic survey of 41% of Affected Households (AHs) was concluded up to July 2 2009 and the following day (03 July 2009) was marked as cut-off date for entitlement.



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2.0 SocioEconomic Profile of AHs

2.1 SocioEconomic Profile of Bamyan Province1

2.1.1 Geography 29. Bamyan province lies on the central highlands of Afghanistan known as the Hazarajat Region. The province has a land area of 17,414 square kilometers of mostly dry, mountainous terrain with a number of rivers, the largest being the Punjab River. Nearly the whole province is mountainous or semi mountainous, while only 1.8% of the area is made up of flat land. The province is divided into 7 Districts. The provincial capital is Bamyan center which has a population of about 70,028 inhabitants.

30. Bamyan has a total population of 343,892 persons (est.) as of 2006. There are 55,513 households in the province and an average household size of 6.19 persons per household. The following table 4 shows the population by district. Table 4. Distribution of Population by Gender by Provincial Districts

Population by District District Male Female Total

Bamyan 34,135 35,893 70,028Shebar 11,878 11,055 22,933Saighan 11,779 11,436 23,215Kahmard 15,839 15,203 31,042Yakawlang 33,195 32,963 66,158Panjab 24,118 24,279 48,397Waras 41,182 40,937 82,119Total 172,126 171,766 343,892Source: CSO/UNFPA Socio Economic and Demographic Profile 1 Source: CSO/UNFPA Socio Economic and Demographic Profile and Provincial Profile for Bamyam, Regional Rural Economic Regeneration Strategies (RRERS.



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2.1.2 Demography 31. Around 80% of the population of Bamyan Province lives in rural districts while 20% lives in urban areas. The male to female ratio is almost equally distributed with around half (50.10%) of the population being male while the rest (49.90%) are females. The major ethnic groups living in Bamyan province are Hazara followed by Tajik, Tatar and Pashtun. Dari is spoken by 96% of the population and 98% of the villages.

2.1.3 Human Resources 32. Literacy rates in Bamyan are low, ranging from 0.5%, in districts such as Saighan, to 6% in Bamyan center for women and 6% in Saighan, to 31% in Bamyan centre for men according to a UNAMA/Solidarites survey of 2003. Labor in Bamyan is generally unskilled and the low capacity of the Bamyan workforce is hampering the possibilities for economic development in the province. 33. Years of conflict and drought resulted in substantial population movements both within and out of the province. Though returnees have come to Bamyan, the scarcity of land and lack of economic opportunity reduces the incentives for people to settle in the province. These same trends encourage migration out of the province. Seasonal migration is particularly prevalent when, during the winter, many from Bamyan travel to the main cities in Afghanistan. There is currently little movement within the province because Bamyan center does not offer the economic opportunities to encourage this trend. 34. There is severe scarcity of technical and higher skilled people in Bamyan. Those that are skilled have migrated out of the country or live and work in Mazar and Kabul and are not interested in coming back given the infrastructure and facilities in Bamyan. This represents one of the most fundamental impediments to long term development in the province. There is need to build capacity around applied skills that can allow people to find employment and take the process of development forward. Similar situation prevails within the government and capacity building on various fronts is a key to long term and sustainable development.

2.1.4 Natural Resources 35. Bamyan is one of the poorest, most mountainous, and agriculturally least productive areas in the country. Much of the land is barren and inaccessible, with acute water shortages, small landholdings, extensive food insecurity, and poor soil quality characterizing much of the region. There is no forest coverage and probably never was any, except in some areas like Ajar in Khamard. The terrain in mainly characterised but scrub and extensive high altitude pasture lands, most of it severely denuded. As with the rest of Afghanistan, excessive use of wood for fuel and fodder combined with years of drought and war has resulted in the destruction of much forestry and rangeland. The over exploitation of various shrubs is resulting in serious soil erosion, flash floods with the smallest amount of rain and possibly resulting in irreversible damage to ecosystem.

2.1.5 Agriculture 36. The main crops grown in Bamyan are wheat, barley, beans and potatoes. Most fields are ‘snow-fed’, irrigated by water from the melting snow following winter, or by springs and karezes. In general there is a single crop season and agricultural productivity is limited by difficult terrain, poor soil quality and harsh climatic conditions including severely cold winters, annual spring flooding and propensity to drought in the summer months. Given that livestock is extremely important for people in Bamyan, fodder crops are common as well; in places that have enough water and are lower than 2000 meters, people manage to take a fodder crop after their autumn planting harvest. 37. In general these problems have been exacerbated by significant deforestation in recent



23

years, which has resulted in extensive erosion of land, leaching of soil and an increase of flooding and mudslides. Demographic pressures are also contributing to the further division of landholdings and the use of more marginal lands. It is estimated that 30% of the population in Bamyan is landless and amongst those who do own land the majority own small landholdings of 2-3 jeribs. Most farming is subsistence based and there is very little market activity in the agricultural sector. Many families, both landless and those with little land, work as sharecroppers and receive anywhere between a fifth to a quarter of the yield depending on their inputs2. 38. Livestock is the traditional source of livelihood in the area and the one with the most potential for future development. Livestock is sold in both regional and national markets and small businesses have formed around the sale of veterinary medicines. Milk products like “kurut’ are traditional and do have a market locally as well as in Kabul. However, years of war, drought and extensive deforestation and destruction of rangeland, which has reduced the availability of suitable fodder for animals, has severely disrupted livestock in the province. A MRRD/WFP report estimated that livestock numbers have reduced to 64 percent of 1990 levels. There are other estimates (DoA and community elders) that suggest that the current small ruminant population is only 25% of its pre-war numbers. This reduction in cattle population has increased the vulnerability of a population relying on a largely subsistence-based economy. 39. It is estimated that 30% of the population in Bamyan is landless and amongst those who do own land the majority own small landholdings of 2-3 jeribs. The physical terrain in the province limits the potential size of landholdings and increased demographic pressure in recent years has resulted in the further division of these land-holdings to family members, resulting in the use of more marginal land. Issues of land ownership and access to resources are the main source of tension in the area and usually form around ethnic divisions, between Tajiks and Hazaras. The major cause of tension in the province is the relationship with Kuchis in the province, especially in Panjab, Waras and Yakawlang, and the inherent conflict in interest between those who use land for pastoral purposes and those who cultivate land.

2.1.6 Physical Infrastructure 40. A lack of power and poor roads exists as the largest current obstacle to economic development in Bamyan. There is no power grid in Bamyan and power is mostly produced through generators. The government is planning to place a diesel generator in the Bamyan bazaar to provide electricity to the shopkeepers, university and schools in the surrounding area. Demand for power within communities is high: the majority of projects implemented under NSP are either micro hydro power projects or solar panelling projects. The potential for water as source of power is limited by the scarcity of water in many areas in the province and that existing water sources often freeze during the winter period. Experience suggests that solar panelling is a good alternative in the absence of other potential sources, though it can only provide power for lighting purposes and not for industrial use. 41. The roads in Bamyan are in an enormously poor condition. There are two routes to Kabul: via the Shibar pass, through the province of Parwan, at a distance of 237 km, and through the

2 Nisfa Kari: A 50-50 arrangement whereby one party ploughs and the other provides the seed and both share the costs of fertiliser. When the owner is absent, as is currently often the case, a different 50-50 arrangement occurs, in which the farmer is effectively paying 50 percent of the crop for the use of the absentee’s land, providing all inputs. Si Kot: Literally, “three piles,” in which the farmer receives one-third of the crops produced. The landowner provides the draught power, seeds and fertiliser. The farmer provides all labour, including ploughing, and uses his own tools. Char Kot: Literally, “four piles,” in which the farmer receives only one-quarter of the crops produced. Poorer families are generally subject to this arrangement. Panj Kot: Literally, “five piles,” by which the farmer receives only one-fifth of the crops produced. This generally applies to the very poorest labourers, usually migrant workers. They are provided shelter in addition.



24

Hajigag pass, through Wardak province, at a distance of 180 km. However, it takes approximately 8 and 6 hours respectively to travel on these roads and security is poor on the Hajigag pass. The district of Waras in Bamyan province is 191 km from Sar-e Asyab, via the Shatu pass, though it takes approximately 7 hours to drive Furthermore, many of these roads are closed for long stretches during the year, often from November to April, due to heavy snowfall during the winter period and flooding during the spring. 42. Access to services remains minimal with virtually all services being provided by the assistance community, most often on the basis of accessibility rather than need. Critical health problems include low vaccination rates, widespread incidence of water borne diseases and high levels of infant and maternal mortality. Education remains a key priority for the region given the need for improved access and quality of education.

2.1.7 Institutional Constraints 43. There is a general lack of legal and social structures in the province with which to create an enabling environment for business and agricultural development. The government has little capacity with which to establish such a legal framework and has shown little initiative in resolving conflicts surrounding issues of land ownership. This environment is compounded by a lack of business capacity and skilled labour in the province.

2.2 SocioEconomic Survey

2.2.1 Methodology 44. A socio-economic survey was conducted from the first week of February to April 14, 2009. The questionnaire used in the survey was already used in other ADB projects involving resettlement in Afghanistan and in the process, was further fined tuned by its continuous use, hence, pre-testing of the survey instrument was no longer necessary. Based on ADB Policy, the sample size for the socio-economic survey should not be less than 20% of the total number of AHs in the project. The total number of affected AHs in the inventory of losses is 331 households. The total sample size of the socio-economic survey is 136 AHs or 41.09%%. The sample size of 136 households has 95% accuracy with a 6.6% margin of error. 45. The enumerators or interviewers were provided a short summary on ADB Policy on Involuntary Resettlement to provide background information on the conduct of the socio-economic survey. A briefing on the contents of the survey instrument and how interviews should be conducted were also shared with the enumerators. To provide randomness in getting the sample size, the enumerators were instructed to conduct the interviews on every fifth respondent of the census and inventory losses survey. If the fifth respondent of the census survey is unwilling to undergo further interview, the enumerators were instructed to interview the next respondent in the census survey. Other details of the methodology are found in the following chapter under Baseline Impacts Information.

2.2.2 Household Demographic Information 46. Household Composition -- There are 4,068 persons in the 331 respondent households or an average of 12.29 persons per household. Two thousand eighty nine (2,089) are males and 1,979 persons are females or a gender ratio of 94.73 females for every 100 males. The household composition is quite young with 1,572 members belonging to the below 10 years old age bracket. The dependent group (below 10 years old and above 60 years old) totalled 1, 857 persons while there are 2,211 persons in the productive age group. The dependency ratio is for every one hundred members in the productive age group, there are 84 dependent persons. The details are



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shown in the following Table 5. Table 5. Distribution of Age and Gender of Household Members

Sl No No. of Family Member Male Female Total 1 Children (Below 10 Years) 814 758 1,5722 Adult (10 to 60 Year) 1,118 1,093 2,2113 Aged (Above 60 Year) 158 128 2854 Total 2,089 1,979 4,068

47. Type of Family -- Out of the total number of households in the socio-economic survey, 69.85% (95HHs) are joint households (in-laws living with nuclear family), 27.94% are nuclear and 0.74% are extended households (comprising of several generations). The details are shown in the following table 6. Table 6. Distribution of Type of Family

Sl No Particulars No. of Family Percentage 1 Joint 95 69.85 2 Nuclear 38 27.94 3 Extended 1 0.74 4 Other 2 1.47 5 Total 136 100.00

48. The term nuclear family is used to distinguish a family group consisting of most commonly, a father and mother and their children, from what is known as an extended family. Nuclear families can be any size, as long as the family can support itself and there are only children and two parents, nuclear families meet its individual members’ basic needs since available resources are only divided among few individuals or the family would be known as an extended family. 49. A joint family is a type of extended family with parents and their children's families often live under a single roof. This type of family often includes multiple generations in the family. In the joint family setup the workload is shared among the members, often unequally. The women are often housewives and cook for the entire family. The patriarch of the family (often the oldest male member) lays down the rules and arbitrates disputes. Other senior members of the household baby sit infants in case their mother is working. They are also responsible in teaching the younger children their mother tongue, manners and etiquette. The house often has a large reception area and a common kitchen. Each family has their own bedroom. The members of the household also look after each other in case a member is ill. 50. Extended family can include, aside from parents and their children, the spouses of children, in-laws, cousins, aunts, uncles, nieces, nephews, foster children/adopted children, etc. Extended type of family feels a greater security and belongingness. This is an advantage of extended type of family because this family contains more people to serve as resources during crisis and provides more role models for behavior of values. The disadvantage of living in an extended type of family is shouldering more expenses for their basic needs. Workload is equally shared among the members. The women are often housewives and cook for the entire family. The patriarch of the family (often the oldest male member) lays down the rules, works (if not retired) and arbitrates disputes. Other senior members of the household baby sit infants. They are also responsible in teaching the younger children their mother tongue, manners and etiquette. The members of the household also look after each other in case a member is ill. 51. Based on the dominant Hazara customs (it is also a custom of other ethnic groups),



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compensation will be given to the head of the nuclear family. In the case of a joint family, the person who will receive the compensation will be the patriarch (often the oldest male or male parent). In an extended family, it is also the patriarch who will receive compensation. The person who will receive the compensation will be the one to share or distribute the compensation within the joint or extended family as per customs and traditions. 52. Ethnicity – Out of the 331 affected households, 245 households (74.02%) belong to the Hazara group. Bamyan is part of the Hazarajat area, the traditional homeland of the Hazara ethnic group. The Sadats comprise 38 households accounting for 11.48% of the AHs while the Tajiks accounted for 25 households or 7.55%. The Uzbeks totalled 19 households while there are only 4 Pashtun households in the project area. The details are shown in Table 7. Table 7. Distribution of Ethnicity of Households

Sl No Particulars No. of Households Percentage1 Pashtun 4 1.21% 2 Tajik 25 7.55% 3 Hazara 245 74.02% 4 Uzbek 19 5.74% 5 Others (Sadat) 38 11.48%

Total 331 100.00% 53. The Hazaras is the main ethnic group in the study area accounting for around 74% of the respondent households. The Hazara household is known as khanawadah while the extended family is called Tol headed by a malik. A clan is called tayefa headed by a khan or arbab. A tribe is called qaum headed by a beg or mir (commander). 54. The Tajik form the second largest ethnic group (from 27% to 38%) in Afghanistan. Estimates in 1995 averaged around 4.3 million. They are also the Pashtuns' closest rivals for power and prestige. The Tajiks of Afghanistan make up the bulk of Afghanistan's educated elite and possess considerable wealth, and they have significant political influence. Their influence lies predominantly in the government ministries, public services and trade bodies. Those living in rural regions engage in agriculture and herding. They have no specific social structure and tend to adopt those of their neighbors. The Tajiks do not organize themselves by tribes and refer to themselves by their region, province, city, town, or village they are from; such as Badakhshani, Baghlani, Mazari, Panjsheri, Kabuli, Herati, etc. This adaptation trait cloud-up and dilute the distinct Tajik cultural identity resulting in a mutation with different cultural identities. The resultant Tajik culture in a specific location is different with those of different provinces. 55. The Sadats are Shia Muslims who trace their roots from the Arabs who came to Afghanistan to spread the Islam Faith. They are said to be the direct descendants of the Prophet Mohammed and are found in small clusters in Bamyan and some other provinces. As descendants of Prophet Mohammed, they were collecting tithes from members of the villages where they reside but this practice has been discontinued. They see themselves as the elite group and are superior to other ethnic groups. The Sadats tend to interact within their own groups and interaction with other ethnic groups is by necessity. Interethnic marriages are still not permitted. 56. Indigenous peoples are defined by ADB Policy as “groups with social or cultural identities distinct from those of the dominant or mainstream society”. Afghan society is composed of ethnic groups with no clear majority. The largest ethnic group is the Pashtuns estimated at a high of 42% to a low of 39% of the total population. The Tajiks, the second largest ethnic group is estimated at



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a high of 38% to a low of 27% of the total Afghan population. There is no dominant or mainstream society but a blend of various cultures from different ethnic groups that composed Afghan society. Hence, the cultures and traditions of an ethnic group is respected by other groups. There is no dominant culture but a mixture of the ethnic groups in Afghan society. Hence, in this sense, there are no indigenous groups as defined by ADB Policy. 57. Educational Attainment/Literacy – Four hundred sixty eight persons representing 62.32% are literate. Out of this total 280 persons are males while 188 persons are females. Two hundred eighty three persons representing 37.68% are illiterate and out of this total, 129 are males while 154 persons are females. In terms of gender, 68.46% of males are literate while only 31.54% are illiterate while for there is a higher illiteracy for females accounting for 45%. The other details are shown in the following Table 8. Table 8. Distribution of Educational Attainment by Gender

Educational Attainment Male % Female % Combined %

Primary 134 17.71% 144 20.19% 278 18.91%Secondary 99 13.06% 46 6.42% 144 9.83%High School 66 8.71% 61 8.49% 126 8.60%Graduate 9 1.16% 3 0.38% 11 0.78%Literate 307 40.64% 254 35.47% 560 38.13%Illiterate 141 18.72% 208 29.06% 349 23.75% 755 100.00% 715 100.00% 1470 100.00%

2.2.3 Housing Information 58. Type of Construction – Out of the 56 affected structures 36 structures (64.29%) are made out of Mud/brick/wood walls, mud/thatched/tin roof while 19 structures (33.93%) are made of tiled roof and cement floors. Only one structure is made of reinforced concrete. The details are shown in the following Table 9. Table 9. Distribution of Type of Construction of Affected Structures

Type of Construction Frequency Percentage Mud/brick/wood walls, mud/thatched/tin roof 36 64.29% Tiled roof and cement floors 19 33.93% Reinforced concrete, single, or double floors 1 1.79% Total 56 100.00%

59. Source of Drinking Water -- The primary source drinking water comes from nearby streams and are being utilized by 56 households (41.18%) while well is the source of water for 39 households (28.68%). Other sources of drinking water are springs (23.53%) and piped water (2.94%). Five respondents had no answers. There is no centralized or community water system that supplies drinking water to the households. The details are shown in the following Table 10. Table 10. Distribution of Household Source of Drinking Water

Sl No Source of Drinking Water Frequency Percentage 1 Piped Water 4 2.942 Spring 32 23.533 Well 39 28.684 Stream 56 41.18



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6 No answer 5 3.687 Total 136 100.00

60. Source of Heating and Cooking Fuel – The primary source of heating and cooking fuel is wood, being used by 114 households (83.82%). One uses electricity (generator) while 21 households had no answers. There is no centralized supply of electricity in the Province of Bamyan. The details are shown in the following Table 11. Table 11. Distribution of Source of Heating and Cooking Fuel

Sl No Source of Heating and Cooking Fuel Frequency Percentage 1 Electricity 1 0.742 Wood 114 83.823 No answer 21 15.444 Total 136 100.00

61. Type of Toilet Facility – The primary toilet facility used by respondents’ households is the latrine accounting for 125 households (91.91%). Three households (2.21%) have the flash type while 8 households have no toilet facilities. The other details are in the following Table 12. Table 12. Distribution of Type of Household Toilet Facility

Sl No Type of Toilet Facility Frequency Percentage 1 Flash Toilet 3 2.212 Latrine 125 91.913 No Toilet 8 5.884 Total 136 100.00

2.2.4 Household Economic Information 62. Main Economic Activity --The respondents were asked what economic activities they and their members were engaged in. The respondents may have more than one answer. The main economic activity is agriculture accounting for 117 households out of a total of 136 households or 86.03% of responses. Many of the households have some household members working for some other farmers (44.12%) while 51 households have some members earning daily wages for whatever work is available. The details are shown in the following Table 13. Table 13. Distribution of Main Economic Activity of Households*

Sl No Particulars No. of Family Percentage 1 Agriculture 117 86.03%2 Working for other farmers 60 44.12%3 Small enterprise 2 1.47%4 Government & NGO 6 4.41%5 Business and trading 14 10.29%6 Hunting or gathering 7 5.15%7 Daily Wage 51 37.50%8 Others 11 8.09%9 Total 268 responses

*Multiple answers 63. Agricultural Crops – The farmers in the study area practice multi-cropping, planting parcels of land with different crops or rotating the types of crops per planting season. The main



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agricultural crop is wheat, being cultivated by 128 affected households (51.61%) out of the total of 248 households. Animal grass is the second most cultivated crop accounting for 56 households (22.58%) while potato accounts for 13.71% of the total number of affected households with agricultural crops. The other details are shown in Table 14. Table 14. Distribution of Type of Agricultural Crop (Census Survey))

Crops Households Percentage Animal Grass 56 22.58% Barley 7 2.82% Bean 21 8.47% Onion 2 0.81% Potato 34 13.71% Wheat 128 51.61%

Total 248 100.00%

2.2.5 Household Income and Expenditure 64. Source of Income—The main source of income is from agriculture, either by their own cultivation or working for other farmers. The average monthly income from agriculture is AF 46, 821 per year or AF 130.06 per day. If this amount is divided with the average household size of 10.81 persons, the daily income of a person whose household is dependent on agriculture is only AF 12.03 per person per day. This is way below the UN poverty line of one dollar or AF 52 per person per day. Using this UN poverty line, an average household size of 10.81 persons should earn at above AF16, 863 a month to stay above the poverty line. The highest source of income comes from professional with an income of AF21.07 per person per day but only about 50% of the demarcated poverty line. The details of the other sources of income are shown in the following Table 15. Table 15. Distribution of Source of Income

Source of Income Average Annual Income

Monthly Average Income

Income/day Income /Day/Person

Agriculture 46,821 3,902 130.06 12.03Service 50,143 4,179 139.29 12.88Business 64,737 5,395 179.82 16.64Labour 53,742 4,478 149.28 13.81Professional 82,000 6,833 227.78 21.07Any other 36,815 3,068 102.26 9.46

65. Some key informants pointed out that another source of income of income, unreported and not captured in the survey is the remittances being sent by foreign overseas workers (OFW) to their households in Bamyan. The Hazaras have been victims of state policy of depopulation and atrocities of the recent wars and many of the Hazaras have sought refuge in Iran and Pakistan. These OFWs, working in these countries remit financial resources to their remaining relatives in Bamyan. 66. The breakdown of sources of income by income bracket is shown in the following table 16 to provide a clearer picture on the status of the income situation in the study area. It should be pointed out that income is usually equated with cash income. In rural areas such as the study area, agricultural products such as grains, fruits, vegetables and livestock consumed by the households are not reported as part of the household income. In short, income data derived by



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the survey may be understated considering that these items are not part of what are usually reported.



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Table 16. Breakdown by Income Bracket of Sources of Income Source of

Income Up to 1000

>1000and <3000

>3000and <5000

>5000and <10000 >10000

No answer Total

Agriculture 10 3 6 7 92 18 136 Service 0 0 0 0 7 129 136 Business 0 1 0 0 18 117 136 Labour 2 0 2 2 59 71 136 Professional 0 0 1 1 15 119 136 Any other 0 0 0 0 13 123 136 Total 9 3 3 6 95 20 136

67. Household Expenditure – Food accounts for around 41% of annual household expenditures with an average amount of AF 73,127 per household per year or around AF6, 000 per household per month. Clothing accounts for AF 14, 338 per household per year while transportation is third with more than AF1, 000 per household per month. Other average annual expenditures are shown in the following Table 17. Table 17 Distribution of Type of Annual Expenditures

Type of Expenditure Average Annual Expenditure Percentage

Food 73,127 40.76% Transportation 13,664 7.62% Clothing 14,338 7.99% Health 8,365 4.66% Education 9,008 5.02% Communication 8,343 4.65% Social functions 11,814 6.58% Agriculture 11,814 6.58% Household Fuel 11,131 6.20% Electric Bill 3,403 1.90% Others (Specify 14,400 8.03% Total Average 179,407 100.00%

68. The breakdown of annual household expenditure by expenditure bracket is shown in the following table 18. One hundred seventeen households are spending more than AF10, 000 for food per year while the 19 households who are spending less this amount are probably not reporting their food and livestock which they consume as part of their expenditure. Table 18 Distribution by Expenditure Brackets of Types of Household Expenditures

Type of expenditure

Up to 1000

>1000and <3000

>3000and <5000

>5000and <10000 >10000

No answer Total

Food 3 2 4 10 117 0 136 Transportation 12 26 25 30 39 4 136 Clothing 12 15 14 52 42 1 136 Health 15 36 18 21 23 23 136 Education 14 9 9 13 15 76 136 Communication 8 23 26 10 10 59 136 Soc’l functions 0 3 7 23 18 85 136 Agriculture 6 20 22 23 30 35 136 HH Fuel 19 24 5 5 2 81 136 Electric Bill 0 0 0 0 1 135 136



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Others (Specify 0 1 0 0 135 0 136 69. Possession of Durable Goods – The respondents were asked about their ownership/possession of durable goods in their households. The most possessed item is the radio accounting for 124 households (91.18%). The bicycle is owned by 91 households (66.91%) while television is owned by 38 households (27.94%). Other durable goods and their frequencies are shown in the following Table 19. Table 19 Distribution of Household Possession of Durable Goods

Item Number of Households Percentage Radio 124 91.18% Bicycle 91 66.91% Television 38 27.94% LPG 17 12.50% Computer 2 1.47% Refrigerator 0 0.00% Washing Machine 1 0.74% Motor cycle/Scooter 11 8.09% Car 7 5.15% Air Conditioner 1 0.74% Any other (specify) 2 1.47% Total number of households 136

70. Household Indebtedness – Reviewing the above presented results of the survey, it is clear that household expenditure greatly exceeds household income. Previously, it was pointed out that, income may be understated because household consumption of their agricultural products are not usually reported as income. This trend may not be present in expenditures, which means that many reported their agricultural produce which they consume as reported expenditures. The third reason may be the degree of indebtedness of the households. Around one fourth (24.26%) are indebted to someone. This is a source of spending beyond their income. External sources from borrowings are fuelling deficit spending by the households. The details are shown in the following Table 20. Table 20 Distribution of Household Indebtedness

Particulars Number of Households Percentage Yes 33 24.26 No 103 75.74

Total 136 100.00 71. General Observation on Income – Land and other fixed assets are the traditional indicators of wealth. In Bamyan, land is very expensive, and not widely available, even should a landless person gain the finance needed to enter the land market. No public or common land for building remains in village and even to build a house, the worker would need to buy land from a landlord. Houses are not often for sale in the villages. For the landless who have limited opportunity to acquire land and houses, accumulation of wealth is based on the purchase of sheep, goats and then oxen. Livestock has become the main capital asset in Bamyan. 72. This observation was made after some informal interviews on the importance of livestock in the local economy and what livestock ownership represents. Some informants observed that the questionnaire failed to capture the livestock sector, considering its importance in the lives of residents especially the marginalized sector. The questions on income are inadequate in the survey to capture the true role of the livestock sector, in particular, how this augments household



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income especially in times on need by the household. It would be proper to include this important sector in later studies of the socio-economic sector of a given locality.

2.2.6 Migration 73. Number of Households -- Like in other poor communities, seeking employment and livelihood opportunities in other places is a survival mechanism adopted by marginalized sectors to address poverty and lack of adequate opportunities in their host communities. Bamyan is similarly situated. Out of the total number of households, 66 households (48.53%) have some members migrating to other places seeking better employment and livelihood opportunities. Seasonal migration usually occurs during winter wherein cultivation and seasonal employment are not possible because of extreme temperature. The details are shown in Table 21. Table 21 Distribution of Households Undertaking Seasonal Migration

Total Number of Households Percentage Yes 66 48.53 No 70 51.47

Total 136 100.00 74. Place of Migration -- Out of the 66 households who have some members of their households migrating, 27 households (40.91%) move outside of their districts (Bamyan and Yakawlang Districts) while 25 households (37.88%) have their members moving outside the Province of Bamyan. Fourteen households (21.21%) have their members moving outside of Afghanistan, possibly to neighboring Pakistan, Iran and Tajikistan. The other details are shown in the following Table 22. Table 22 Distribution of Migratory Destination

Place of Migration Number of Households Percentage Outside District 27 40.91 Outside Province 25 37.88 Outside Country 14 21.21 Total 66 100.00

75. Types of Occupation – Out of the total of 66 households, 48 households (72.73%) have their members doing non-agricultural labor. These are mostly transport hauling, construction work, and other menial occupations. There are two household members who sell the local products such as semi-precious stones and Bamyan carpets. Sixteen household members are in the agricultural sector proving their labor in other countries. The following Table 23 shows other details of migratory occupations Table 23 Distribution of Type of Migratory Occupations

Type of Occupation Number of Households Percentage Agricultural Labour 16 24.24 Non Agricultural Labour 48 72.73 Trade and Business 2 3.03 Other 0 0.00 Total 66 100.00

2.2.7 Gender Issues 76. The women of the households affected due the project development are generally housewives. Gender is a mute issue in the project area, that is, nobody discusses it. During visits to the road project, women were seen accompanying their men folk to the weekly markets,



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although no woman was seen selling any merchandise. In the socio-economic survey, this mute issue is highlighted by the fact that the women have very limited participation in economic and non-economic activities. In the project area, there are 2 households headed by women. Their husbands were killed in the protracted war that ravaged the countryside for more than 20 years. One household is headed by a woman because her husband is mentally handicap. 77. There are 4,068 persons in the 331 households and out of this total, 2,089 are males while 1,979 are females. The gender ratio is 94.73 females for every 100 males. The average household size is 12.29 persons per household. The details are shown in Table 24, Table 24 Distribution of Gender by Age Group

Sl No No. of Family Member Male Female Total 1 Children (Below 10 Years) 814 758 1,5722 Adult (10 to 60 Year) 1,118 1,093 2,2113 Aged (Above 60 Year) 158 128 2854 Total 2,089 1,979 4,068

78. Household Activities Participated by Women -- Out of the total of 136 households, 45 households (33.09%) have women participating in cultivation of wheat, vegetables and barley. Forty-one households have their women members doing household work while 31 households have their women doing allied activities defined as livestock activities. The other details are shown in the following table 25. Table 25 Distribution of Activities Participated by Women

Activities Participated by Women Households Percentage Cultivation 45 33.09% Allied Activities* 31 22.79% Collection and Sale of forest products 14 10.29% Trade & Business 5 3.68% Agricultural Labour 24 17.65% Non Agricultural Labour 24 17.65% HH Industries 25 18.38% Service 2 1.47% Households Work 41 30.15% Others 9 6.62% Total 136 households

79. Family Decision Making -- In terms of decision-making in the household, 58 households (42.65%) have their women participating in decision some form of decision making regarding family matters while 78 households do not permit their women in family decision-making. Decisions regarding the education of the child are participated by all respondents (100%). Decisions regarding family financial matters are participated by 56 women while decisions regarding the health of the child are participated by 51 women. Other details are shown in the following table 26. Table 26 Distribution of Family Decisions Participated by Women

Family Decisions Participated by Women Households Percentage

Financial matters 56 96.55% Education of child 58 100.00% Health care of child 51 87.93% Purchase of assets 7 12.07%



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Day to day activities 21 36.21% On social functions 5 8.62% Others 4 6.90% Total 58 Households

2.2.8 Transport Use 80. Being a road project, the respondents were asked questions about their access, road conditions and willingness to pay road toll tax. The average monthly expense of the households for transportation is around AF1,540 per month. The following are their responses to these questions. 81. Connectivity and Type of Approach Road – Eighty nine (65.44%) of respondents have their houses connected directly to a road while 38 respondents’ houses are not directed linked to any road. Nine respondents failed to provide any answers. For respondents whose houses have access to a road, they were asked what type of road linked their houses and 56 respondents were linked by provincial road (the project site) while 21 respondents were linked by a district road and 10 respondents were linked by a village road. 82. Willingness to Pay – Given the existing road conditions, the respondents were asked if they are willing to pay a toll tax to improve the road. One hundred five respondents (77.21%) are willing to pay a tool or road tax to improve the road conditions while 10 respondents were not willing to pay. The following table 27 shows the details of their responses. Table 27 Distribution of Willingness to Pay Road Toll Tax

Sl No Willingness to Pay Road Toll Tax Frequency Percentage 1 Yes 105 77.21%2 No 10 7.35%3 No answer 21 15.44%4 Total 136 100.00%



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3.0 Baseline Impact Information 83. This chapter provides detailed quantification of the final impacts and affected households and persons on the North-South Corridor Project, Yakawlang – Bamyan (Package 3). Based on these impacts, compensation and rehabilitation measures have been prepared. This chapter is divided into 3 part, (i) impact assessment, (ii) AH/AP census and (iii) compensation rates. 84. This LARP has been prepared as a result of fieldworks in the project area and number of survey activities. The initial impact survey/AP census survey for the resettlement framework was completed in September 2006 and was submitted as part of the draft RP which in turn was part of the proposal for the approval of the loan. The updating of initial impacts to accommodate the changes in design and alignment of ROW was first held in December 2008 by the contractor and then in was further update in March 2009 to conform to the realignments of some road legs that lessen project AH/AP. There were also some changes in the length of this road section, particularly in Yakawlang area wherein 4.6 km was cut from the original start of the road section to avoid the build up area. The end of the project was also lessened by around 2 km to avoid the section of the Bamyan Buddha, a UNESCO world heritage site, which was also populated. The impact survey/APs census was concluded on April 15, 2009 to accommodate the additional changes in road length. However, the corridor of impact was reduced to 15 meters or construction limit, whichever is wider based on the agreement between MPW and ADB to further minimize the affected households and persons. The compensation to APs was assessed as per this final re-survey hence; the cut-off date is July 3, 2009.

3.1 Methodology 85. The census survey was conducted from the first week of February to April 14, 2009. The questionnaire used in the survey was already used in other ADB projects involving resettlement in Afghanistan and in the process, was further fined tuned by its continuous use, hence, pre-testing of the survey instrument was no longer necessary. The enumerators or interviewers were provided a short summary on ADB Policy on Involuntary Resettlement to provide background information on the conduct of the census survey. A briefing on the contents of the survey instrument and how interviews should be conducted were also shared with the enumerators. 86. To ensure uniformity in getting field data, field supervisors were employed to check the accuracy of data collected. However, due to the lack of personnel for resettlement, only one supervisor was continuously utilized. The project management office instructed the local MPW in Bamyan to supply enumerators for the census survey and only three local MPW personnel were assigned. Engineers assigned to the technical component of the project were intermittently used based on their time availability. Another problem encountered was the bitter winter temperature prevailing during data collection. There were days when enumerators were unable to undertake field work due to impassable roads and chilling temperature. At the same time, respondents were also reluctant to be interviewed during times when the enumerators were in the field. 87. There were some institutional limitations as well in the conduct of the census economic survey. The resettlement team suffered a perennial lack of qualified manpower due to the failure to get the local resettlement specialist, lack of enumerators and field supervisors, data specialist and encoders. At the same time, the determination of the centerline also suffered because of the failure of previous survey teams to mark properly the centerline and the distance of structures such as fences and walls from the centerline. In addition, in areas of high elevation, the roads are completely covered with thick snow foiling even the most diligent search for the centerline. These failures of the technical teams of the contractor and severe climatic conditions necessitated the re-plotting of the centerline and re-measuring of the obstructions. However, the unavailability of the



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survey teams during the conduct of the census and the bitter cold during field work hampered greatly data gathering. 88. Another schedule of field work was undertaken on June 18 to July 3, 2009 to re-measure and recomputed the affected areas based on the new corridor of impact of 15 meters ROW or construction limit, whichever is wider. This is based on the agreement between MPW and ADB to further reduce the impacts of the project. The land categories used in the surveys were also amended to fine tune the land classifications to address the unique land relations in Afghanistan. During this re-measurement, adequate support were then provided by the MPW, local MPW and the local government units in Bamyan.

3.2 Impact Assessment

3.2.1 Land Impacts 89. These impacts will be compensated at replacement value in cash based on current market rates plus indemnity equivalent to 3 months as transitional livelihood allowance. MPW will shoulder all fees, taxes, and other charges, as applicable under relevant laws incurred in the relocation and resource establishment. 90. There are 456 land plots that will be affected by the road project. More than one half is classified as irrigated agricultural land with an impact of 17.45% based on the total land area. The affected area of non-cultivated agricultural land totalled 69, 812 sqm while affected orchard land accounted for 31, 212 sqm. There are only 6 public land plots hat will be affected by the project. The other details are shown in the following Table 28. Table28. Amount and Type of land affected, AHS, Affected Areas and their Percentages

Number of Affected Total Area Degree of Land Classification Land Plots Area (sqm) (sqm) Impact

Private Land Agricultural Irrigated 339 278,321 1,595,015 17.45% Non-irrigated 3 5,365 31,212 17.19% Orchard 28 31,480 105,371 29.88% Non-cultivated 32 69,812 249,373 28.00% Res/Comm 48 15,539 44,382 35.01% Public Land 6 4,744 54,075 8.77%

Total 456 405,261 2,079,428 19.49%

3.2.2 Houses and Other Structures 91. These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. These compensations will include whenever appropriate, the cost of lost water supply, electricity or telephone connections. Whenever the impact is more than 20% of the total area of the structure, the owner may opt to declare his whole structure as affected and receive the compensation for the whole structure. 92. There are a total of 56 structures that will be affected by the project. Out of this total, 36 structures are made from mud/brick walls and mud/tin roofs while there are 19 structures with tiled roofs and cement floors. There is only one structure that is made out of reinforced concrete. The



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total affected area is 9,929 sqm out of the total area of 71, 163 sqm. In terms of the degree of impact, the three types of structures have an average impact of 13.95% of the total structure area. The details are shown in the following Table 29. Table 29 Distribution of Affected Structures according to Type of Materials Used.

Type of Construction Material Number of structure Affected Area (sqm) Mud/brick/wood walls, mud/tin roof 36 3,618Tiled roof and normal cement floor 19 6,271RCC, single/double storey building 1 40

Total 56 9,929 93. In Afghanistan, a residential lot (typically a rectangle) is usually surrounded by a mud fence on four sides. The house is constructed with the mud fence as one of its four walls; hence, the perimeter fence of the lot is also part of the house. In some cases, the rooms of the house are spread across the perimeter of the walls. The vacant area in the center of the rectangular lot is a small garden for the occupants. If there is a source of water in the area, usually the well is dug in this vacant area. This serves as a common area for the nuclear, joint or extended household. There are many residential lots wherein one side of the wall houses the livestock shed and fodder together with the supply of firewood. This residential arrangement is self sufficient and female members of the households can freely interact with other members of the household without fear of being censured. 94. In terms of construction, a typical house would have mud or stone walls. The binding compound to hold the wall together is a mixture of mud, straw (from wheat stalks or other fibers) and lime as a binder. This is mixed thoroughly and used as a binder in lieu of cement. Presently, some of the residential structures and government buildings are starting to use cement as a binder, but all old structures used lime as binder. The house openings (doors and windows) were constructed using wooden poles as beams to support the upper portions of the structures. Windows are usually small and narrow, very suitable for the cold climate. The roof is constructed by laying wooden poles on top with the walls supporting these poles. Another set of poles may be laid crisscrossing the first set of poles. Then, the same mixture of mud, straw and lime is used to pave the rooftop. The roofs of the houses are flat (without cleavage) and during winter, snow has to be shovelled down to avoid the roof from collapsing because of the weight of the snow. The very limited rainfall per year allows this type of construction to be used even up to the present.

3.2.3 Agricultural Crops 95. Owners or people associated with the affected agricultural land will receive cash compensation at full gross market rate for one-full year harvest, based on average production of the crops. Sharecroppers/tenants will receive partial compensation for loss of their crops based on the crop sharing or agreement3 (verbal or written) with the land owner.

3 Traditional Local Sharecropping Arrangements -- Nisfa Kari: A 50-50 arrangement whereby one party ploughs and the other provides the seed and both share the costs of fertiliser. When the owner is absent, as is currently often the case, a different 50-50 arrangement occurs, in which the farmer is effectively paying 50 percent of the crop for the use of the absentee’s land, providing all inputs. Si Kot: Literally, “three piles,” in which the farmer receives one-third of the crops produced. The landowner provides the draught power, seeds and fertiliser. The farmer provides all labour, including ploughing, and uses his own tools. Char Kot: Literally, “four piles,” in which the farmer receives only one-quarter of the crops produced. Poorer families are generally subject to this arrangement. Panj Kot: Literally, “five piles,” by which the farmer receives only one-fifth of the crops produced. This generally applies to the very poorest labourers, usually migrant workers. They are provided shelter in addition.



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96. The main crops grown in Bamyan are wheat, animal grass, potatoes and barley. Most fields are ‘snow-fed’, irrigated by water from the melting snow following winter, or by springs and karezes. In general there is a single crop season and agricultural productivity is limited by difficult terrain, poor soil quality and harsh climatic conditions including severely cold winters, annual spring flooding and propensity to drought in the summer months. In the study area, wheat, animal grass, and vegetables are the cultivated crops. However, there is a practice of multi-cropping and rotation of these crops intermittently to maximize the crop yield per jerib. 97. The following table shows the types of agricultural crops that are cultivated in the study area. There are 248 agricultural plots that are affected by the project. Wheat is the primary crop accounting for 673, 223 sqm. Out of this total, 100, 768 sqm are affected representing 14.61% impact. Animal grass is the secondary agricultural crop in the study area accounting for 212, 609 sqm and the degree of impact is 26. 95% while potato is the third crop accounting for 117, 491 sqm with 19.51% impact. Other agricultural crops with their corresponding degrees of impacts are shown in the following Table 30. Table 30 Distribution of Agricultural Crops and Their Degree of Impact

Crop Number of Affected Total Area Degree Land Plots Area (sqm) (sqm) of Impact

Animal Grass 56 57,308 212,609 26.95%Barley 7 5317 43140 12.32%Bean 21 16,101 104,964 15.34%Onion 2 953 3,428 27.80%Potato 34 22,924 117,491 19.51%Wheat 128 100,768 673,223 14.97%Total 248 203371 1154855 17.61%

3.2.4 Wood and Fruit Bearing Trees 98. Trees are classified as wood trees and fruits trees. Under fruit trees, the classification is further sub-divided into fruits trees of bearing age and non-bearing age. A wood tree will be compensated based on volume (length x diameter) while a fruit tree of bearing age will be compensated based on income loss computed at one year lost net income times number of years to reproduce the same tree to the same productive level it was cut. Non-bearing fruit tree will be compensated based on gross expense needed to reproduce the tree to the same non-bearing age when it was cut. 99. In the project area, the trees are planted along the existing road. These are undertaken to prevent the erosion of the soil because the root network of the predominant specie, cottonwood, is very appropriate to address soil erosion. It is also place to mark land boundaries Cottonwood is propagated locally by cuttings and once the roots developed, these form into clumps of trees similar to bamboo. In a given clump, there are trees with different trunk sizes. The average number of trees in a clump is around 10 trees of various diameters per clump. The owner selectively cut what is ready based on the market demand and at the same time, the cutting is also dictated by the degree of need of the owner for cash. The periodic harvesting of trees provide income supplement to the owners and enable the remaining trees in a clump to grow robustly because of fewer competition on food nutrients and sunlight. The poles are used for house construction and the larger trucks for furniture. 100. In the study area, there are 19,465 cottonwood trees that will be affected by the project.



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The affected trees are disaggregated in terms of diameter which would be the basis for compensation. In terms of percentages, around 37% of affected wood trees have more that 25 cm diameter while around 56% of affected trees have diameters between 10cm to 25 cm as shown in the following table 31. Table 31 Distribution of Size of Affected Wood Tree

Wood Tree (Cotton Wood) Diameter Frequency Percentage < 10cm 1,256 6.45%

10-25cm 10957 56.29% > 25 cm 7,252 37.26%

Total 19,465 100.00% 101. The fruit trees are sub-divided into fruit bearing age and non-fruits bearing age. There are 315 trees of fruit-bearing age. Out of this total, 166 are apricot trees, 141 are apple trees and 8 are almond trees. The details are shown in the following Table 32. Table 32 Distribution of Fruit Tree of Productive Age

Fruit Tree (Fruit Bearing Age) Tree Type Frequency Percentage

Apricot 166 52.70% Apple 141 44.76% Almond 8 2.54%

Total 315 100.00% 102. Fruit trees are propagated by saplings bought from farms specializing on the production of saplings. Usually, the saplings are transplanted to the open areas when these are at least 2 years old. The trees wil age another 3 years before these trees start bearing fruits. Hence, fruit trees of non-productive age are between 2 to 5 years old. There are 461 fruit trees (non-fruit bearing age) that will be all affected by the road project. These are found mostly in the cultivated areas for the main agricultural crops in the project area. Out of this total, 169 are apricot saplings, 178 apple saplings, 101 are almond saplings and 13 are cherry saplings. The other details are shown in the following Table 33. Table 33. Distribution of Fruit Tree of Non-Productive Age

Fruit Tree (Non-Fruit Bearing Age) Tree Type Frequency Percentage

Apricot 169 36.66% Apple 178 38.61% Almond 101 21.91% Cherry 13 2.82%

Total 461 100.00%

3.2.5 Business/Income 103. Business owners suffering permanent losses will receive cash compensation equal to 6 months income if loss is permanent while those suffering temporary losses will receive cash compensation for the business interruption period equivalent to up to 3-months. Compensation will be calculated based on tax receipts or when these are not available based on fixed rates (AF 6,000). Permanent business



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loss is defined as the inability of a business owner to operate or restart his/her normal business operations exceeding 3 months from the date when his business assets were actually affected by the project because the severity of impact will require a restoration period of more than 3 months. A temporary business loss is an interruption of business operations that has the capability to resume normal operations within 3 months from the date when his/her assets were actually affected by the project. These cash compensations for permanent and temporary losses are payments of indemnity for business owners who will suffer loss of business income because of the project and are based on tax receipts or if not available, based on fixed rates. 104. Worker/employees of affected structures (residential, commercial and institutional) suffering from temporary or permanent income losses will be indemnified for lost wages computed at AF 5,200/mo up to 3-months. Permanent income loss is defined as the inability of a worker/employee to work for more than 3 months because of the stoppage of the business where he is employed because of the impact of the project on the business. If the worker is able to resume his work or employment within 3 months from the date of the work interruption, then it is called temporary income loss. These cash compensations will assist the affected worker/employee and their families who will suffer income losses while the affected businesses are in the process of rehabilitating the affected structures. It may also be an allowance while the affected worker/employee is looking for another job or other sources of income. 105. There are six (6) shop owners that will suffer permanent business losses and one renter and three caretakers who will suffer permanent income losses. There are a total of 5 persons who will suffer temporary income losses, the details are shown in the following table 34. Table 34 Distribution of Loss of Business/Income

Business/Income Losses AHs Permanent Business Loss (owners) 6 Income Loss (renter) 1 Income Loss (caretaker) 3 Temporary Income Loss (renter) 1 Income Loss (wage earner) 2 Income Loss (caretaker) 2

3.2.6 Rentals 106. House owners/renters who are forced to relocate their houses will be provided with a cash grant of 3 months’ rent at the prevailing market rate in the area (AF 5,000/mo) and will be assisted in identifying alternative accommodation. Out of the total of 56 affected structures, there are only two renters for commercial structures, with 1 structure suffering more than 20% of impact and thus to be relocated. There are no reported tenants on other types and uses of structures.

3.3 Affected Households/Persons Census

3.3.1 Loss of Land 107. There are 331 households with 4,068 persons whose lands are affected by the project. Two hundred forty-six (246) households comprising of 3,057 APs owning/occupying irrigated land will be affected by the project. (See Annex 1 for the complete list of the 331 affected households) Other land classifications affected are non-irrigated (2 AHs), Orchard (21 AHs), Non-cultivated (25 AHs), Residential/commercial (31 AHs) and Public Land (6 AHs).



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108. The total affected area is 405, 251 sqm. In terms of the degree of impact, 38,656 sqm with 64 AHs will receive less than 10% impact on their lands while the balance of 366,605 sqm with 267 AHs will receive more than 10% impact on their lands. The greatest impact will occur on irrigated land totalling 247, 621 sqm while the least impact will occur on public land with only 1,744 sqm. Other details are shown in Table 35. Table 35 Distribution of AHs and APs According to Land Type

Land Classification

Number of AHs

Number of APs

Affected Area <10%

No of AHs

<10%

Affected Area >10%

No of AHs

>10% Affected

Area

Private Land Agricultural Irrigated 246 3,057 30700 55 247621 191 278,321 Non-irrigated 2 15 0 0 5365 2 5,365 Orchard 21 287 336 3 31144 18 31,480 Non-cultivated 25 306 4388 3 65424 22 69,812 Res/Comm 31 383 232 2 15307 29 15,539Public Land 6 20 3000 1 1744 5 4,744

Total 331 4,068 38656 64 366605 267 405,261

3.3.2 Loss of Houses & Other Structures 109. There are 56 structures with 697 APs affected by the project with a total area of 9,929 sqm. There are 12 structures with a total area of 3,680 sqm receiving an impact of less than 20% while the balance of 44 structures with an area of 6,249 sqm will receive an impact of greater than 20%. The other details are shown in the following table 36. Table 36 Distribution of AHs and APs According to Structure Use

Type of Construction Material

Number of AHs

Number of APs

Affected Area <20%

No of AHs

<20%

Affected Area >20%

No of AHs

>20% Affected

Area

Mud/brick/wood walls, mud/tin roof 36 474 503 6 3115 30 3,618Tiled roof and normal cement floor 19 213 3177 6 3094 13 6,271RCC, single/double storey building 1 10 0 0 40 1 40

Total 56 697 3,680 12 6,249 44 9,929

3.3.3 Agricultural Crops 110. Total affected households cultivating agricultural crops amounted to 460 households with 5, 671 persons. There are 98 households who will receive an impact of less than 10% on their agricultural crops while 362 households will receive an impact greater than 10%. The total affected area is 483, 512 sqm and out of this total, 67, 919 sqm will receive an impact of less than 10% while 415, 593 sqm will receive an impact greater that 10%. 111. Wheat cultivated by 91 households comprising of 1,189 persons will have the largest impact totalling 100, 768 sqm. Second most cultivated crop in terms of land area is animal grass with a land area of 57,308 sqm cultivated by 44 households comprising of 526 persons. Other



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crops cultivated in the affected areas are potato, beans, barley and onions. The details are shown in the following Table 37.



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Table 37 Distribution of AHs and APs According to Agricultural Crop Loss

Agricultural Crop

Number of AHs

Number of APs

HH <10% Affected

Area

Affected Area< 10%

HH >10% Affected

Area

Affected Area > 10%

Affected Area

Animal Grass 44 526 7 1,164 37 56,144 57,308Barley 5 61 2 1,989 3 3,328 5,317Bean 16 161 5 3,709 11 12,392 16,101Onion 2 6 1 84 1 869 953Potato 26 299 3 1,693 23 21,231 22,924Wheat 91 1189 20 10,228 71 90,540 100,768Total 184 2,242 38 18,867 146 184,504 203,371

3.3.4 Loss of Trees. 112. This road section mostly passes along agricultural areas on one side and mountains on the other side. In many segments, the boundary of the road and the agricultural areas are planted with trees as a form of erosion control. The project which is envisioned to provide wider and better road access will affect mostly timber trees along this stretch of the proposed road rehabilitation. 113. There are 20,241 trees owned by 192 households with 2,488 persons that will be affected by the project. The dominant type of affected tree is the wood tree accounting for 19,465 trees. The productive fruit trees (fruit bearing age) accounted for 315 trees while the non-productive trees (non-fruit bearing age) totalled 461 trees. The following table 38 shows the other details. Table 38 Distribution of Type of Tree and Their Corresponding AHs and APs

Type of Tree Frequency AHs APs Wood tree (Cottonwood) 19,465 141 1,873 Productive Fruit Tree 315 22 270 Non-Productive Fruit Tree 461 29 345

Total 20,241 192 2,488

3.3.5 Impacts on Business & Other Income Losses 114. Business owners suffering permanent losses will receive cash compensation equal to 6 months income if loss is permanent while those suffering temporary losses will receive cash compensation for the business interruption period equivalent to up to 3-months. Compensation will be calculated based on tax receipts or when these are not available based on fixed rates (AF 6,000). Worker/employees of affected commercial establishments will receive indemnity for lost wages up to 3-months. 115. Affected leaseholders will receive cash compensation corresponding to one year crop yield of land lost. Sharecroppers will receive their share of harvest at market rates plus one (1) additional crop compensation. Agricultural workers, with contracts to be interrupted, will get an indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the harvest up to a maximum of 3-months. 116. In this road project, there are no people associated with the land either as agricultural laborers, tenants or sharecroppers. There are fifteen (15) people associated with the affected structures. Ten persons will suffer permanent business and income losses while 5 persons will suffer temporary income losses. The details are shown in the following table 39.



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Table 39 Distribution of People Suffering from Business/Income Loss Business/Income Losses AHs

Permanent Business Loss (owners) 6 Income Loss (renter) 1 Income Loss (caretaker) 3 Temporary Income Loss (renter) 1 Income Loss (wage earner) 2 Income Loss (caretaker) 2

3.3.6 Severe Agricultural Land Impacts and Vulnerable Groups 117. When >10% of an AP of the agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost. Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable AHs equivalent to AF 4,000 and priority in employment in project-related jobs. 118. There are a total of 146 households with 1,833 persons whose agricultural land will be severely affected (more than 10% land impact) by the project. The total area of the severely affected agricultural land is 184, 504 sqm and out of this total, 90, 540 sqm are devoted to wheat. The other details are shown in the following table 40. Table 40 Severe Agricultural Land Impacts

Severe Land Impacts HH > 10% Affected Area APs Affected Area > 10% Animal Grass 37 454 56,144Barley 3 41 3,328Bean 11 120 12,392Onion 1 30 869Potato 23 266 21,231Wheat 71 922 90,540Total 146 1,833 184,504

119. There are 305 households that are below poverty line. The poverty line is AF 52 per person per day as adopted by the United Nations in Afghanistan. There are two women headed households that will be affected by the project. The details are shown in table 41. Table 41 Distribution of Vulnerable Groups Entitled to Special Allowance

Special Allowances AHs APs Vulnerable Allowance 307 3,937

Number of Households below poverty line* 305 3,905 Women headed households 2 32

* Poverty line is AF52 per person/day

3.3.7 Resettlement Options 120. The project will create linear impacts along the more than 86 km road alignment. Affected structure owners would not like to be relocated to sites far from their agricultural fields. Affected



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land owners would want to be near their present houses to oversee the remaining arable land. In Bamyan, land is scarce even for those who could afford to buy land. In addition less than 5% of the owners of affected lands and structures opted for kind in kind compensation while the overwhelming majority of more that 95% opted for cash compensation. Hence, project assisted relocation would be very impractical and problematic. It is for these reasons that land for land compensation or structure for structure compensation will not be implemented in this project. Instead, only cash compensation will be provided to compensate for the asset losses to be incurred by the AHs and APs. 121. Affected land will be compensated based on the market value plus transactional costs. However, there are cases when compensation will be based on a land area greater that the actual affected land because the difference in the areas, while not part of the corridor of impact has the same effect as that of the affected area. If a road alignment cuts or bisects a private land cutting the land into one or two parts, and one or both remaining parts are no longer useable and/or viable to be used for its original purpose, the unviable remaining part(s) will be treated as part of the affected land and will be part of the compensation to be paid to the owner. 122. Compensation for partially affected structures will be compensated based on the type of construction materials used. This will be determined by the multiplying the affected area by the unit cost. The owner of the affected structure will just renovate his structure. However, there may be cases when the remaining area of the affected structure is no longer useable and/or viable for its original use because the remaining area in unliveable or some important structure facility has been severely affected. In these cases, compensation will be based on the total area of the affected structure. 123. If the affected structure is severely affected as to warrant full payment of the structure but the owner has still sufficient area in his remaining land to reconstruct the totally affected structure, there will be no relocation. Instead, the owner is fully compensated for the affected land and the whole structure and the new structure will be built within the remaining land. 124. If again, the affected structure is severely affected as to warrant full payment of the structure but the owner has insufficient land area to reconstruct a structure with similar floor area, the owner will be compensated for the whole structure and the whole land. In this case, there is relocation because the owner will be forced to construct the structure in a different area. 125. Eleven structures with a total floor area of 870 sqm will have to be relocated. These structures have 11 households with 154 APs. Nine structures will receive 100% impacts and there is no land wherein they can rebuild their structures. Two structures will receive 68% impacts and there is no sufficient land where they can rebuild their structures. The details are shown in the following table 42. Table 42 Structures to be Relocated

Type of Construction Material No of Structure Structure Area APs Mud/brick/wood walls, mud/tin roof 7 632 104

Tiled roof and normal cement floor 4 238 50RCC, single/double storey building 0 0 0

Total 11 870 154



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3.3.8 Number of Affected Households/Persons 126. The number of AHs with land holdings totalled 456, however, eliminating the owners with multiple lands, the absolute number of AHs on land totalled 331 households. These 331 AHs are composed of 4,068 APs. The owners of trees and crops are also owners/occupants of land, hence they are already included in the sum of AHs and APs on land. The absolute number of AHs totalled 331 HHs with 4,068 affected persons. The other details are shown in the following table 43. Table 43 Summary of the Number of Affected Households and Persons

Number of AHs

AH/AP Category (x impact type

Absolute (Without double

counting)

Net Number of APs

Remarks

A. Private Land Agricultural Irrigated 339 246 3,057 Non-irrigated 3 2 15 Orchard 28 21 287 Non-cultivated 32 25 306 Res/Comm 48 31 383 B. Public Land 6 6 20 Sub-Total (A)+(B) 456 331 4,068 C. Crops and Trees C1. Owners of crops 248 0 0 Included in A and B C2. Owners of trees 192 0 0 Included in A and B Sub-Total (C) 440 0 0 D. Business/Income losses D1. Permanent 10 0 0 Included in A D2. Temporary 5 0 0 Included in A Sub-Total (D) 15 0 0 E. Structures E1. Mud/brick/wood walls, mud/tin roof 36 0 0 Included in A E.2 Tiled roof and normal cement floor 19 0 0 Included in A and B E.3 RCC, single/double storey building 1 0 0 Included in A and B Sub-Total (E) 56 0 0 Total (A+B+C+D+E) 967 331 4,068

127. Out of the total of 331 AHs, 230 AHs are joint families, 97 AHs are nuclear families and only 4 AHs are extended families. This disaggregation of types of families is important because it will determine who and what will be received by members of the extended families that are discussed in Section 2.2.2 of this report.



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4.0 Legal & Policy Framework for Resettlement

4.1 Law & Policy on Land Acquisition in Afghanistan 128. There is no country specific resettlement policy in Afghanistan. A comprehensive land policy was approved in 2007 by the cabinet; however it has yet to be fully operationalized. Ratified in early 2004, the new Constitution of Afghanistan has 3 articles that closely relate to compensation and resettlement. For public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, the Law for Appropriation of Property for The Public Welfare in Afghanistan provides that: (i) The acquisition of a plot or portion of a plot for public purpose is decided by the Council of

Ministers and is compensated at fair value based on current market rates (Section 2); (ii) The acquisition of a plot or part of it should not prevent the owner from using the rest of the

property or hamper its use. If this difficulty arises, the whole property will be acquired (Section 4);

(iii) The right of the owner or land user will be terminated 3 months prior to start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Section 6);

(iv) In cases of land acquisition, the following factors shall be considered for compensation: value of land; value of houses, buildings and the land; values of trees, orchards and other assets on land (Section 8);

(v) The value of land depends on the category and its geographic location (Section 11); (vi) A person whose residential land is subject to acquisition will receive a new plot of land of

the same value. He has the option to get residential land or a house on government property in exchange, under proper procedures (Section 13);

(vii) If a landowner so wishes his affected plot can be swapped with unaffected government land and if this is valued less than the plot lost the difference will be calculated and reimbursed to the affected plot owner (Section 15);

(viii) The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the local body (Section 16); and

(ix) A property is evaluated at the current rate at the locality concerned. The owner or his representative must be present at the time of measuring and evaluation of property.

129. The Land Acquisition Law of Afghanistan is the most appropriate law that will be applicable in this project. Based on this law, compensation is based on government rate determined by the legally constituted committee. In case a land and property is acquired by the government for public purpose, the owner gets the (i) the value of land (ii) the value of residential houses and buildings, (iii) value of trees and orchards and other assets on land. 130. The Act also states that a person, who loses his /her residential land plot, will receive a new plot of land of same value. If they wish, they can residential plot on government property in exchange under proper procedures. Thus, under the existing land acquisition law, when private landholdings are acquired for public purposes, compensation is paid to the owner based on the category and location of the land and the value of land for compensation is determined by the Council of Ministers, the decision is based on the recommendation of a “committee” consisting of the following (i) The landlord or person who uses the land or their representatives; (ii) Official representative of agency who needs to acquire the land (viz., MPW); (iii) Representative of local municipality; (iv) Representative of Ministry of Finance; and (v) Representative of Ministry of



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Justice. The land acquisition process is initiated with the constitution of the “committee”. As land is acquired for a public purpose, the law apparently does not entertain any objection to the acquisition of an individual’s property. This reflects the inherent power of imminent domain of the state to appropriate private property upon payment of just compensation. 131. However, if there is disagreement on the value of compensation to be paid, the committee inquires into the matter and arrives at a solution. The whole process is based on a negotiated approach and as the affected person is also a member of this legally constituted committee a consensus is reached on the replacement value of the land and assets lost. The said committee thus also performs the tasks of a grievance redress committee.

4.2 ADB’s Policy on Involuntary Resettlement 132. The ADB’s Policy on Involuntary Resettlement aims to avoid or minimize the impacts on people affected by a project, and to provide support and assistance for those who lose their land and property, as well as for others whose livelihood is affected by the acquisition of land or temporary construction activities. Resettlement planning has the objectives of providing APs with a standard of living equal to, if not better than, that which they had before the project. 133. The three important elements of this policy are (i) compensation for lost assets, livelihood and income; (ii) assistance for relocation; and (iii) assistance for rehabilitation, to achieve at least the pre-project level of well-being. The policy treats involuntary resettlement as a “development opportunity” and allows planners to manage impoverishment risks and turn displaced people into project beneficiaries, particularly the vulnerable, who may be disproportionately affected by resettlement losses. To this end, the main objectives and principles of ADB’s policy are as follows: • Involuntary resettlement should be avoided where feasible; • Where population displacement is unavoidable, it should be minimized by exploring all viable

project options; • Displaced people should be compensated and assisted, so that their economic future would be

as favorable as it would have been in the absence of the project; • People affected should be fully informed and consulted in resettlement and compensation

options; • Existing social and cultural institutions of resettlers and their hosts should be supported and used

to the greatest extent possible; resettlers should be integrated economically and socially into host communities;

• The absence of legal or formal title to land by APs will not be a bar to compensation; • Particular attention should be paid to vulnerable groups (the poor, households headed by

women, ethnic minorities) and appropriate assistance provided to help them improve their living standard;

• As far as possible, involuntary resettlement should be conceived and executed as part of the project; and

• The full costs of resettlement, which with the exception of development of resettlement sites, is to be funded by the borrower and should be included in the presentation of project costs and benefits.

4.3 Comparison of Policies 134. A comparison between ADB’s Resettlement Policy and the Land Acquisition Law of Afghanistan is provided in the following table 44.



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Table 44 Comparison of ADB Resettlement Policy and Land Acquisition Law of Afghanistan ADB Resettlement Policy Land Acquisition Law (LAL) Remarks/Solutions

APs should be fully informed/ consulted in resettlement and compensation options

National Legislation does not provide for public consultation.

This RP recommends provisions for consultations and information dissemination.

APs should be compensated for all their losses at replacement cost.

Land acquisition for public interest is to be compensated based on equal/fair value according to the current market rates. In case of residential land, land for land is offered. Affected land, structures, orchards, vines, trees will be valued by provincial and local officials.

Market value is way to assess replacement rates. ADB Policy and LAL agree o this point. The provision under this RP, however, further stipulates that houses, crops, and trees will also be compensated at replacement rates.

Lack of formal title should not be a hindrance to compensation or rehabilitation.

LAL provides for compensation only for those who have titles of ownership. LAL does not cover APs who may have usufruct or customary rights.

This provision in the RP provides for compensation at market rates for titled and customary users and rehabilitation for non titled holders.

APs should be timely compensated

Land owners/users rights on a plot will be terminated 3 months prior to the start of civil works and after compensation is provided to them. The termination of the owner/user right would not affect their rights to collect their last harvest from the land, except if there is an emergency.

This RP provides for crops compensation whether they have been harvested or not to avoid civil works delay and pressures on land users to harvest before it is fully ripe. Land users harvesting their crops fter notification of the land occupation date will not lose any part of their due compensation.

The APs should be compensated and/or assisted so that their economic/social future is generally as favorable as it would have been without the project.

Compensation at replacement rate will be given for land, house, crops, trees and other losses. No consideration is given to income losses or relocation costs.

General rehabilitation for income losses and for relocation costs will be given if these impacts occur



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5.0 Policy Framework and Entitlements

5.1 Basic Principles 135. This project adopts the important elements of the ADB‘s resettlement policy which are the following: (i) avoid and minimize land acquisition and resettlement impacts; (ii) compensate for lost assets at replacement cost; livelihood, and income restoration; (iii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iv) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. The following sub-principles further elucidate the ADB’s resettlement policy; (i) LAR should be avoided whenever feasible. (ii) Where LAR is unavoidable, it should be minimized and the APs will have to be

compensated/rehabilitated so as to maintain at least their pre-project livelihood standards. All compensation is based on the principle of replacement cost.

(iii) Each LARP is conceived and executed as part of a development project or program. (iv) The affected people are to be fully informed and closely consulted on compensation and/or

resettlement options, including relocation sites and socioeconomic rehabilitation. Pertinent resettlement information is to be disclosed to the APs at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options.

(v) Payment of compensation will be completed prior to the commencement of civil works on the subproject. Resettlement and rehabilitation measures will also be in place, but not necessarily completed, as these may be on-going activities. Compensation and resettlement will be satisfactorily completed before a No- Objection Certificate can be provided by ADB for commencement of civil works.

(vi) Grievance redress mechanisms for APs are to be established. Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning, and implementation.

(vii) The APs socio-cultural institutions are to be protected and supported. (viii) The absence of a formal legal title to land is not a bar to ADB policy entitlements. (ix) The APs are to be identified and recorded as early as possible in order to establish their

eligibility through a population record or census that serves as an eligibility cut-off date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits.

(x) Particular attention must be paid to the needs of vulnerable APs including the poor AP without legal land title women headed households, the elderly or the disabled and assisted to improve their status.

(xi) The full costs under the LARPs are to be included in project budgets.

5.1.2 Project Policies 136. Based on the above analysis of national provisions and ADB policy, the broad resettlement principle for this Program shall be the following: (i) AP impacts must be avoided or minimized as much as possible; (ii) If impacts are unavoidable, the APs will be identified and assisted in improving or regaining

their standard of living; (iii) Information on the preparation/implementation of a LARP will be disclosed to all APs and

people’s participation will be ensured in planning and implementation. All LARPs for the



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subprojects with resettlement impacts will be disclosed to the APs; (iv) Land acquisition for the project will be done as per the LAL of Afghanistan and ADB policy.

The LAL specifies adequate compensation for the properties to be acquired. Additional support would be extended for meeting the replacement value of the property. The affected persons who does not own land or other properties, but have economic interests or lose their livelihoods will be assisted as per the broad principles described in this document;

(v) Before taking possession of the acquired lands and properties, compensation and resettlement and rehabilitation (R&R) assistance will be paid three months before actual possession;

(vi) (vi) An entitlement matrix for different categories of APs has been prepared and provisions will

be kept in the budget for those who were not present at the time of census survey. However, people moving in the project area after the cut-off date will not be entitled to any assistance. In case of land acquisition the date of notification for acquisition will be treated as cut-off date. For non-titleholders such as squatters and encroachers the date of project census survey or a similar designated date declared by the executing agency will be considered as cut-off date;

(vii) Appropriate grievance redress mechanism will be established at the district level to ensure speedy resolution of disputes;

(viii) All activities related to resettlement planning, implementation, and monitoring would ensure the involvement of women and other vulnerable groups; and

(ix) AP consultation will continue during the implementation of LAR and rehabilitation

5.2 Eligibility & Entitlement 137. This LARP and resettlement procedural guidelines will apply to Package 3 under the North South Road Corridor Project. This will ensure that all persons affected by acquisition of land and other fixed assets, by change in the use of land and by the restrictions imposed by subproject activities on land use, will get appropriate compensation and rehabilitation assistance.

5.2.1 Eligibility 138. General eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income and other assets as a consequence of the project road as of the formally recognized cut-off date i.e. July 3, 2009 will be considered as project affected persons (APs). APs entitled to compensation or at least rehabilitation under the Project are: (i) All APs losing land with title, official/customary deeds or traditional land use rights; (ii) All Tenants and sharecroppers whether registered or not; (iii) All Owners of buildings, crops, plants, or other objects attached to the land disregarding

their land occupancy status; and (iv) All APs losing business, income, and salaries disregarding their land occupancy status. 139. Compensation eligibility will be limited by a cut-off date set for this project as of July 3, 2009 wherein the impacts assessment and AP census were carried out and completed. All APs who settle in affected areas after this date and who cannot prove that they are displaced users of affected plots will not be eligible for compensation. MPW have informed local communities regarding this cut-off date through their local offices and through the relevant local government agencies. Those that settle after the cut off date however will be given sufficient advance notice to vacate premises/dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions.



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5.2.2 Land Tenure in Afghanistan and Compensation Entitlements 140. This section discusses the different types of formal and informal land ownership/possession in Afghanistan. This will be the basis for the land impacts and the more important question of who are entitled for compensation of land affected by the project. 141. Formal System of Property Rights -- The system of Afghanistan property rights is broadly divided into two categories: formal (legal system), and informal (legalizable system). Under the formal system, the Afghanistan land law defines ownership of immovable property as private, public and Mowat lands. Written evidences of land ownership under the formal system of property rights are different kinds of deeds4 (wasayeq shari’a) or legal documents with copies in the Court Registries. Other evidences of land ownership are the Cadastre records which are available for owners up to 1960 and can be found in the Cadastral Department under Afghan Geodesy and Cartography Department; The Books of Integrated Land Size and Progressive Taxation prepared for 75% of owners during the 1970s, based on self reporting of land; and tax receipts since 1880s but was formalized during the 1930s, possessed by taxpayers for direct or indirect property taxes. 142. Private land – Immovable property owned by an individual is considered as private property (Article 481 of the Civil Code). The Civil Code does not provide for immovable property owned by a group of individuals or body corporate by according to Islamic Law, private property can be owned individually or collectively. Private ownership may be acquired through (a) purchase, (b), allocation from the Municipality, (c) transfer of ownership; the most common are sale and inheritance. In addition, private land can be acquired through the principle of “dead land” or “zameen-e-Bayer.” This classification entitles all legal owners to compensation for affected land. 143. Public land – Public land is classified as (a) owned by the state, (b) owned by public juridical persons, (c) allocated for public interests, and (d) recognized by law as public property. In addition to the above, cultivable land which has no owner is deemed to be public land. The law prohibits acquisition of such land without the permission of the government in violation of the law (Article 1991 Civil Code.). The state has recently strengthened its grip over land based on a statute of limitation created pursuant to a recent Presidential Decree (Issue 83 dated 18/8/382), which states that all individual claims to land that has been held by the state for a period exceeding 37 years shall be barred and the state shall be considered the owner of the property (Article 2). Moreover, the decree provides that all land in which the ownership of individuals is not established legally shall be considered the property of the state (Article 3.). This classification does not entitle an occupant to compensation for the affected land but is entitled to compensation for all immovable assets which are permanently adhered or fixed on the land. 144. Mawat Land -- The word “zameen-e-mawat” or “zameen-e-bayer” means “dead land”. In practice, this term refers to land which is not suitable for cultivation. The concept of mawat requires three elements: 1) the ownership history of the land is not known; 2) it has not been cultivated and constructed, and 3) currently the land is not owned by any person. Even barren land (zameen-e-bayer) that does not have an owner may only be acquired with the permission of the government. The person who acquires and develops barren land with the permission of the government shall own the land (Article 1992 Civil Code.). Islamic law generally recognizes mawat land as property neither owned by a private individual nor by the state and which could be acquired through renovation. Consistent with this, mawat land is recognized under the laws of Afghanistan, and whoever wants to acquire mawat land must first secure permission from the head of state (Article 1992 of the Civil Code and Law on Land Management (795, 2000.) In theory

4 Land Ownership Deeds (Qabalae Qatae), Warranty Deeds (Qabalae Jayezi), Power of Attorney (Wakalat Khat), Distribution of Inherited Property Among Heirs (Taraka Khat), Legal Heir (Hasre Werasat), Division of Property during lifetime of owner (Taqsim Khat), Letter of Conveyance (Tamlik Khat), Lease Agreement (Ejara Khat), Last Will and Testament (Wasayat Khat), Mediation Finding (Eslah Khat)



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then, private property may be acquired in accordance with this concept. If mawat land is in the process of being legally acquired or have been acquired by an individual but some formal legal requirements have not been complied with, the possessor/owner is entitled to compensation for his/her affected land. 145. Informal System of Property Rights – There are two types of owners/possessors under the informal system that will be entitled for compensation over land affected by the project. The first classification entitled for compensation is the customary or traditional organic owners of land and their heirs that pre-dated the modern Afghan state. These are individuals who inherited land that their ascendants occupied for more than fifty years. In the urban areas, these lands are villages later urbanized and formed part of a city. The original owners were either individuals who received royal land grants (Firman) in the form of decrees or legal letters, etc from the ruler of the time, or the original settlers of the land or their survivors who peacefully occupied the land for many generations. In the rural areas, these occupants have (1) tax receipts or are included in the tax records, (2) unofficial land deeds and (3) declared as legitimate users of lands by community development councils, jirgas or local elders. Households or persons who hold customary or traditional deeds for their properties are people who acquired de facto ownership of their land through purchase from customary or traditional owners of land. 146. The second type of owners/possessors under the informal system entitled to compensation are de facto owners of property who have bought land or house from legal owners but did not fulfil the legal formalities required to formalize ownership. The transaction was legal but the legal formalities required to obtain a legal deed from the competent court were not completed. In many instances, buyers and sellers conclude customary agreements based on good faith and traditional norms and disregard the need to formalize the sales transaction in a competent court. Many Afghans perceive that a customary deed suffices to prove ownership of their property, especially when the original owner holds a formal document. 147. The two types of ownership/possession under the informal system of property rights have customary documents called “orfi” to prove their ownership/possession. These documents are usually witnessed by their neighbors, and especially local village and/or religious leaders. These documents include bills of sale and purchase, pawn agreements, wills subdivision agreements, etc. These two types of informal ownership/possession (legalizable) will receive compensation for land affected by the project. 148. The two types of land rights under the informal system cannot be classified anymore as public land. In the customary or traditional rights, the adverse, open, continuous and interrupted possession of owners over a very long period, many pre-dating the modern Afghan state have effectively vested them legal rights over the lands they occupy through acquisitive prescription. In the second type of land rights under the informal system, the lands involved have been effectively segregated from the classification of public land because the lands have been titled by the former owners and the failure of the new owners to comply with the formal requisites to register the lands under their names do not change the private character of these lands. Hence, the two types of land under the formal system are by their very nature private lands and as a consequence, owners will be compensated. 149. The other occupants of lands outside of the classifications of legal and legalizable occupancy or possession such as squatters will not be compensated for the lands that they occupy but will be compensated for the permanent improvements they may have introduced in the affected lands and restoration assistance. The other type of land occupants are encroachers. These are people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project.



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150. The following Table 45 summarizes the entitlements of owners/occupants who are occupying or have possession of different types of lands under the formal and informal systems of property rights. The types and scope of compensation to be paid for those persons who are entitled are discussed in sections where they occur. Table 45 Types of Land Compensation Eligibility Patterns

Classification Documents/Declarations Land Other Assets

Restoration Assistance

Formal System Private Legal documents to prove (a)

purchase, (b), allocation from the Municipality, (c) transfer of ownership;

With Payment

With Payment

With Payment

Public (a) owned by the state, (b) owned by public juridical persons, (c) allocated for public interests, and (d) recognized by law as public property

No Payment

With Payment

With Payment

Muwat Permission from govt, application to acquire muwat land

With Payment

With Payment

With Payment

Informal System Customary/ Traditional

Land grants, tax receipts, unofficial land deeds, declarations of village development councils, Jirgas, village elders

With Payment

With Payment

With Payment

De Facto Customary deeds (orfi) With Payment

With Payment

With Payment

Squatter None No Payment

With Payment

With Payment

Encroacher None No Payment

No Payment

No Payment

5.2.3 Entitlements to Compensation & Livelihood Restoration 151. The APs in the project are entitled to various types of compensation and resettlement assistance that will assist in the restoration of their livelihoods, at least, to the pre-project standards. They are entitled to a mixture of compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. All APs are equally eligible for cash compensation and rehabilitation assistance, irrespective of their land ownership status, to ensure that those affected by the Project shall be at least as well off, if not better off, than they would have been without the Project. The compensation packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.) and are detailed below: • Agricultural land impacts -- These impacts will be compensated at replacement value in

cash based on current market rates plus a 5,200 Afg. indemnity for 3 months as transitional livelihood allowance. MPW will shoulder all fees, taxes, and other charges, as applicable under relevant laws incurred in the relocation and resource establishment.

• Severe Agricultural Land Impacts -- When >10% of an AP of the agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost.

• Residential/commercial land impacts -- These impacts will be compensated at replacement



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value in cash at current market rates free of deductions for transaction costs.

• Houses, buildings, structures damages -- These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. Compensations will include the cost of lost water supply, electricity or telephone connections. Renters/leaseholders will receive an allowance of 5,000 Afg. for 3 months to cover emergency rent costs.

• Income from crops losses -- These impacts will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.

• Tree losses -- These impacts will be compensated in cash based on the principle of income replacement. Fruit trees will be valued based on age of the tree in two categories: a) not yet productive; and b) productive. Productive trees will be valued at gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years investment they have required. Non-fruit trees will be valued at dry wood volume basis output and its current market rates.

• Businesses losses—Compensation for business losses will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance computed as AF 6, 000 a month. Permanent business losses will be based on actual income loss or in cash for the period deemed necessary to re-establish the business (6 months). Compensation for temporary business losses will be cash covering the income of the interruption period up to 6 months based on a monthly allowance of AF 6,000. Business loss is computed at AF 200 per day (AF 6,000/month) as average net income of typical road businesses such as small stores, repair and vulcanizing shops and small food establishments.

• Income losses for agricultural workers and employees -- Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.

• Agricultural land leaseholders, sharecroppers, and workers -- Affected leaseholders will receive cash compensation corresponding to one year crop yield of land lost. Sharecroppers will receive their share of harvest at market rates plus one (1) additional crop compensation. Agricultural workers, with contracts to be interrupted, will get an indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the harvest up to a maximum of 3-months.

• House owners/renters -- House owners/renters who are forced to relocate their houses will be provided with relocation allowance equivalent to AF5,000 for 3 months and will be assisted in identifying alternative accommodation.

• Community Structures and Public Utilities -- Will be fully replaced or rehabilitated so as to satisfy their pre-project functions.

• Vulnerable Households -- Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable AHs equivalent to AF 5,200 and priority in employment in project-related jobs.

• Impacts on irrigation canals -- Project will ensure that irrigation channels are diverted and rehabilitated to previous standards.

• Transitional Livelihood allowance5 -- AHs forced to relocation will receive a livelihood allowance of AF 5,200 a month for three months.

5 Transitional livelihood allowance is computed based on the prevailing wage rate in Bamyan Province of AF 200.00 per day times 26 days or AF 5,200 per month. This is also the basis for cash compensation on lost wages.



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152. There are three types of households affected by the project. In the nuclear family (97 AHs), the head of the nuclear household will receive the compensation and any other allowance applicable to them. In a joint family (230 AHs), the patriarch (often the eldest male) who will receive compensation. In an extended family, it is also the patriarch who will receive compensation. The person who will receive the compensation will be the one to share or distribute the compensation within the joint or extended family as per customs and traditions. 153. Land replacement values have been assessed based on a survey of land sales in project areas over the last 3 years and of government rates (if any) as per local revenue papers. Land values and compensation for other assets, will be negotiated between APs and competent authorities if concrete data on land market rates are unavailable. Table 46 below summarizes the above entitlements. Table 46 Entitlement Matrix




- Cash compensation at replacement/ market value free of fees, taxes, or other transaction costs.. - Transitional allowance for livelihood losses at AF5,200 for 3 months







Residential/commercial land affected.

Owner(s) of land. - Cash compensation at replacement/ market value free of fees, taxes, or transaction costs..



-Cash compensation at replacement/market value of structure free of depreciation, taxes/fees and salvaged materials. -Partly affected buildings (<20% impact) may be compensated only for damages if owner so wishes. -Relocated owners will receive a relocation allowance of AF5,000 for relocation/transport costs + a transitional allowance for livelihood losses at AF5,200 for 3 months. -Relocated renters will receive a relocation allowance of AF5,000 for three months + a transitional allowance for livelihood losses at AF5,200 for 3 months.



Business/Shop owners - Business Owner: i) Cash compensation equal to 6 months income if loss is permanent; ii) cash compensation for the business interruption period up to 3-months for temporary loss. Compensation to be calculated based on tax records or if these are unavailable based on a fixed rate (AF 6,000) - Worker/employees: indemnity for lost wages up to 3-months income

Loss of wages Land and structure on ROW

Employees in shops and agricultural workers











Unforeseen impacts

Unforeseen impacts will be documented and mitigated based on the principles agreed in this resettlement plan



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6.0 Institutional Arrangements

6.1 General 154. The resettlement and rehabilitation program described in this LARP involves distinct processes, dynamics and different agencies. This section deals with the roles and responsibilities of different institutions for the successful implementation of the LARP. The primary institutions that are involved in the LARP process are the following; 1. Government of Afghanistan (GoA) 2. Ministry of Public Works (MPW) 3. Project Management Unit (PMU) 4. Environment and Social Management Unit (ESMU) at PMU level 5. Project Implementation Unit (PIU) 6. Implementing Non Government Organization (NGO) 7. Local level MPW 8. Local Government Units (LGUs) 155. The agencies involved in the planning and implementation of resettlement and rehabilitation program are MPW as the EA and the Provincial and District governments together with the appointed NGO. MPW will be acting in the project through the project management office. In the field, it will act and implement through the PIU with the support of the consulting Engineer and the implementation consultant who will co-ordinate all activities related to resettlement implementation. All activities will be coordinated with the relevant local government agencies and community shura in which the package 3 will be implemented.

6.2 Overall Organization – Ministry of Public Works (MPW) 156. The Ministry of Public Works will be the executing agency (EA). The minister and deputy minister will be responsible for the overall policy level decision, planning, implementation and coordination of project activities. The EA will have proper coordination with other departments of the Government of Afghanistan to resolve the following issues; 1. Land Records and Ownership --To resolve issues related to land records and ownership, a

land management committee will be formed in the central level and will include members from the MPW, Ministry of Finance, Ministry of Energy and Water, and the Geology and Cartography Department.

2. Assets Valuation -- Values of land and other assets for compensation is determined by the Council of Ministers. The decision is based on the recommendation of a committee consisting of the following (i) the landlord or person who uses the land or their representatives, (ii) official representative of the agency that needs to acquire the land (e.g., Ministry of Public Works), (iii) representative of the local municipality, (iv) representative of the Ministry of Finance, and (v) representative of the Ministry of Justice.

157. MPW, through the project management unit (PMU) will be responsible for the implementation of the LARP. Considering that there is no specialized section or staff in the PMU that can adequately address the resettlement issues, an Environment and Social Management



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Unit (ESMU) will be established to focus on the implementation of LARP. 158. There will be two units within the PMU that will be involved in the implementation of the LARP, namely the Environment and Social Management Unit (ESMU) and the Project Implementing Unit (PIU). The ESMU will be primarily responsible for safeguard issues and getting all the necessary clearances required to initiate and implement all resettlement works. The existing PIU, who is responsible for the daily field level activities, will coordinate with the ESMU in the implementation of LARP. As necessary, the ESMU/PIU will coordinate with the Ministry of Agriculture, Irrigation and Livestock (MAIL), Cadastre Survey Department, local Governorates, NGOs and the community shuras, locally elected councils. 159. The supervision consultants will provide one international resettlement specialist and one international environment specialist as advisors to the ESMU for resettlement issues. Two officers deputed to the PIU from MPW or Land Assets of the Ministry of Agriculture will act as the social development officers (SDO) and internally monitor resettlement plan implementation. The institutional arrangement for the implementation of the resettlement plan is shown in the following figure.

INSTITUTIONAL ARRANGEMENT FOR THE LAND ACQUISITION AND RESETTLEMENT PLAN

6.3 Implementing Consultant (NGO) 160. In Afghanistan, finding NGOs with prior experience in handling resettlement issues is

Government of Afghanistan

Ministry of Public Works

Asian Development Bank

Project Management Unit (Environment and

Social Management Unit)

Independent Monitoring Agency

Project Implementing Unit

Implementing NGO

Village Level MPW Staff

Local Government

Affected Households and Persons



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difficult if not impossible; however a large number of NGOs working in the education, health, and other infrastructure sectors can be trained adequately to assist the ESMU/PIU in LARP implementation. MPW as the EA, will engage the services of an international resettlement specialist who will train the implementing consultant (NGO) for LARP implementation through seminars and training. The NGO will play the role of facilitator and will work as a vital link between the ESMU/PIU and the AHs/APs. In addition, the NGO will educate the AHs/APs on the need to implement the project, aspects and details on land acquisition and resettlement and restoration measures and ensure the proper utilization of different compensation packages extended to the AHs/APs. (See Annex 4 for TOR) Specific tasks of the implementing NGO are as follows; 1. Work under close coordination with the ESMU/PIU, local government units and MPW local

staff to implement the LARP. 2. Assist the ESMU/PIU in dissemination of the LARP and other resettlement related information. 3. Generate awareness about livelihood restoration activities and assist the APs to make

informed choices including participating in government development programs. 4. Identify training needs of AHs/APs for income generation activities and ensure that these are

properly funded. 5. Provide counselling and awareness generation to resolve LARP related grievances and assist

in seeking redress to unresolved grievances from land acquisition and resettlement disputes with the Grievance Committee.

6. Assist the AHs/APs in claims for just compensation including the collection of timely and complete payments.

7. Submit periodic implementation reports on LARP. 8. Conduct and/or undertake any other activities that may be required in the successful

implementation of the LARP. 161. The implementing NGO must be a non-profit organization; be legally registered (at least 5 years) as an NGO in Afghanistan; have operated for at least 3 years; have a minimum of five paid staff; be committed to the principles of gender equality in terms of its own staffing; have a management or advisory board; maintain a proper accounting and financial system; have a long-term presence and credibility in districts relevant for the project area; have work with government focal agencies; and must be willing to undergo training in resettlement work for project implementation. Considering these qualifications, the local NGO named Spring of Construction Rehabilitation, Cultural and Social Organization (SCRCSO), a member of the Agha Khan Development Network, has signified their willingness to become the implementing NGO who will assist on the ground the Ministry of Public Works.

6.4 Local Government 162. The cooperation and coordination of the local government units (LGUs) are vital in LARP implementation. These are the provincial government, district provincial government, villages and local community Shuras. Issues relating from land records and ownership and assets valuation originate from this level and will only be elevated to the Land Management Committee and/or to the Council of Ministers if these issues are not resolved. 163. The provincial government, in cases of disputes on valuation of land will constitute a land valuation committee to determine the government rates. These government rates are determined by getting the average market price from four to five similar assets located nearby or adjacent to the disputed land. Compensation for the loss of buildings pertains to the local municipality, while the compensation for loss of crops and productive trees pertains to the Department of Agriculture. The compensation for loss of wood trees pertains to the Department of Forestry at the province level.



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164. In cases of disputes regarding land ownership, land records goes through 3 offices at district level, (1) District administrator, (2) Revenue collector (Mstowfiet) and (3) the District Court. These offices have the jurisdiction on any matters related with land acquisition and verification of land entitlements. Staff of the Revenue Department (Mstowfiet), with local municipality will carry out the tasks of identifying the titles and verification of ownership. The Office of Wloswal (the appointed District head) is expected to play a coordinating role.

6.5 Independent External Monitoring Agency 165. An independent external monitoring agency (EMA) will be hired by MPW with the concurrence of ADB to conduct periodic monitoring and evaluation/3rd party validation for the implementation of the LARP activities based on a set of monitoring indicators earlier developed. These reports will include feedbacks on the LARP implementation and shall be submitted twice a year. Results will be shared with all stakeholders to share learning and to address any unresolved issues of LARP. (See Annex 5 for TOR) 166. Bamyan University has a Sociology Department that will be tapped to be the external monitoring agency. The envisioned EMA will have the theoretical knowledge and experience to undertake the twice a year monitoring and report writing. However, the department may lack the organizational and grass root connections to undertake effective monitoring and evaluation. Hence it is recommended that the department link with a local grass root NGO for its periodic monitoring.



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7.0 Public Consultation and Participation

7.1 General Public Consultation 167. This chapter describes the mechanisms for public consultation process with the AHs/APs, disclosure of the LARP through distribution of informative material to create awareness among the AHs/APs regarding their entitlements and compensation payment procedures and grievances redress mechanism. All these aspects are briefly discussed in the following sub-sections:

7.2 Public Consultation 168. In addition to informal day-to-day meetings among APs, MPW local staff, and other stakeholders, the formal consultation process in the project area is ongoing and has been undertaken by supervising consultants and contractor through: 1) village meetings; 2) public consultations with government officials. All these mechanisms / approaches have been effectively used during the collection of baseline socio-economic data from the AHs/APs; preparation of LARP and disclosure of LARP to the APs, as explained below.

7.2.1 Village Meetings 169. A series of village meeting6 have been held on the first half of April 2009, wherein many of the census and socio-economic surveys have already been conducted. The village elders and stakeholders meetings were scheduled based on the availability of the participants. Two teams conducted the village consultations. The topics discussed were pre-selected based on the initial results of the two surveys. 170. It was explained that the right of way (ROW) has a width of 30 meters, 15 meters each side from the center line. The centrelines were pre-determined by the design team to ensure that these conform to the road standards of Afghanistan and produce a smoother traffic flow. However, there are some sections wherein the existing centrelines were not followed to eradicate hairpin bends and produce a safe and durable road. 171. The project had already conducted an inventory of losses of affected assets and socio-economic survey. In these surveys, the project have listed the names of the owners/users of these assets and the project is already preparing a land acquisition and resettlement plan (LARP) that will ensure that all these affected assets are justly compensated. The approved LARP will be presented and explained to all affected households and persons and other interested parties. 172. The census survey was conducted in the affected lands and because of the novelty of the interviews, neighbors of the owner tend to congregate and listen to the questions in the interviews. Many times, these people tend to express their own options about resettlement. These are pertinent to the resettlement options of the affected owners themselves because it tends to provide new insights of the disadvantages and advantages of resettlement options. This exchange of options is an obtrusive research method that helps to understand the perception of respondents and their neighbors. 173. APs preferred that compensation packages should be at par with what is being paid currently under ongoing donor-assisted road projects. APs losing residential and commercial structure preferred to re-establish within existing land, if their structures were partially affected.

6 See Annex 2 for the highlights and summary of these meetings



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People indicated that compensation should be paid one-time at full replacement costs. The timeliness and fair compensation was also emphasized by the affected persons, 174. The primary purpose of these meetings and FGDs is to provide the affected households and persons and host communities the opportunities to air and ventilate their issues, concerns and opinions about the project while on the side of the supervision consultants, it is also an opportunity to clarify and elucidate initial results of two surveys as well as inquire on subject matters that were not sufficiently covered by the two questionnaires. (See Annex 2 for the highlights of the FGDs) The following locations were the sites of these meetings. Table 47 List of Public Meetings and Focus Group Discussions for the Project

Dates and Locations of Meetings and Focus Group Discussion April 7, 2009 – Bariki, Shaidon Village April 12, 2009 – Shaidon Village April 7, 2009 – Shaidon Village, Bazaar April 14, 2009 – Sorkhdar Village April 10, 2009 – Qarganato Village April 14, 2009 – Sorkhdar Village April 10, 2009 – Yakawlang District April 14, 2009 – Khamcalak Village April 10, 2009 – Yakawlang District April 14, 2009 – Nowabad Village

175. In the socio-economic survey, the respondents were asked about their opinions on the condition of their approach road or the nearest road to their houses. Seventy-seven respondents (56.62%) rated the road as poor, 12 respondents rated it as very poor while 9 respondents rated it as average. There are 10 respondents who rated the road as good. The following details are shown in the following table 48. Table 48 Distribution of Respondents’ Opinion on the Condition of Their Approach Road

Sl No Condition of Approach Road Frequency Percentage 1 Good 10 7.35%2 Average 9 6.62%3 Poor 77 56.62%4 Very poor 12 8.82%5 No answer 28 20.59%6 Total 136 100.00%

176. The resettlement team again went to the villages in the later part of June 2009 to re-measure the affected areas based on the new corridor of impact of 15 meters ROW or construction limit, whichever is wider. This new corridor of impact was agreed upon by MPW and ADB to minimize resettlement impacts and reduce the cost of compensation. This re-measurement provided also another chance to meet and interact with the AHs/APs and village leaders. It was reiterated that all assets including land, structures, crops, trees and community facilities such as irrigation canals and ditches that will be affected by the project will be fully compensated. 177. In the census and inventory of losses, the respondents were asked about their opinions regarding their preference on the type of compensation for their affected lands and structures. Three hundred one respondents preferred cash compensation over land for land losses while only 8 respondents preferred land for land losses. Twenty-two households did not give their preferences. The respondents were also asked about their preference on the type of compensation they prefer on the affected structures. Twenty households preferred cash compensation for the affected structures while only 2 respondents preferred structure for structure compensation. Three hundred nine respondents did not give any preferences. The details are shown in the following table 49.



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Table 49 Distribution of Opinions on Resettlement Opinions Compensation Option for Land Loss AHs Percentage

Land for land loss 8 2.42% Cash for land loss 301 90.94% No answer 22 6.65% Total 331 100.00%

Compensation Option for Structure Loss AHs Percentage Structure for structure loss 2 0.60% Cash for structure loss 20 6.04% No answer 309 93.35% Total 331 100.00%

7.2.2 Consultations with Government Officials and Other Stakeholders 178. The supervising consultants have met with provincial officials and they are fully appraised about the project including the formulation and details on the implementation of the LARP. The Office of the Governor has already convened the land valuation committee and is finalizing the valuation of the land rates. There has been coordination with the 2 district governors which have jurisdiction over the project area as well as village leaders. Information about the entitlement provisions and compensation packages has been shared with these government officials and other stakeholders. 179. Consultations have also been undertaken with some Bamyan based NGOs and one in particular, the Spring of Construction, Rehabilitation, Cultural and Social Organization (SCRCSO) has already signified its intention and willingness to participate in the implementation of the LARP. The scope of operations in the past of this NGO is in the Yakawlang to Bamyan City area, hence, this NGO is familiar with the customs and traditions as well as key leaders and village elders of all the villages along the road alignment.

7.3 Preparation of Project Specific Informative Material 180. Following informative materials have been/will be prepared and distributed to the APs to create awareness among the AHs/APs regarding their entitlements and compensation payment procedures and grievances redress mechanism.

• After approval of this LARP by ADB, it will be translated into local language (Dari) and disclosed to the stakeholders especially affected persons by the MPW through consultants, village meetings. The LARP will be made available to the concerned district governments and village leaders and MPW’s field offices as an official public document. The LARP will also be disclosed on the MPW website.

• A summary of RP has been prepared specifically for this purpose (attached as Annex 3) and will be translated into local language (Dari) and presented to all APs in the form of a pamphlet/ brochure, to enable the APs and local communities to read it by themselves and be aware of the Project's benefits/ compensations available for various types of APs, as given in the ‘entitlement matrix’. MPW field staff / consultant will distribute the brochures through the village meetings and will explain the mechanisms and procedures of the consultation programme and how APs will be engaged in resettlement activities and the overall process.

• A cheque disbursement schedule explaining the date, time and venue for disbursement of compensation cheques of each AP will be prepared in Dari and distributed to all APs. This



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will also be disclosed in the village meetings. • A package containing following information material will be prepared for each AP.

o Inventory of AP’s losses o Schedule for compensation cheque disbursement explaining the date, time and

venue for receiving cheque, vacating land and demolition of structures o Pamphlet/ brochure in Dari o Any other relevant information for the AP

7.4 Disclosure 181. Key features of this LARP have already been disclosed to the APs through the village meetings, and informal interaction between the APs, consultants and PIU staff. After its approval by ADB, following LARP disclosure plan will be followed:

• Provision of LARP in Dari and English to PIU, MPW field offices, APs, Provincial Office and district provincial offices, other local and district level offices of the concerned agencies.

• Disclosure of LARP in village meetings • LARP will be available in all public institutions for general public information • Posting of LARP on MPW website • Provision of information packet to all APs either through registered mail or by consultants

182. The local resettlement specialists will again conduct meetings with the PIU staff, local government units and other government agencies as part of the disclosure process to acquaint them of the substance and mechanics of the LARP. They will be responsible to return to the affected villages once this LARP is approved by MPW and ADB and conduct disclosure activities through village meetings to ensure that affected households will be familiar with this plan before the actual implementation.



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8.0 Complaint and Grievance 183. Based on the Land Acquisition Law of Afghanistan, when private landholdings are acquired for public purposes such as roads, compensation is paid to the owner based on the category and location of the affected land and the value of land for compensation are determined by the Council of Ministers. The decision is based on the recommendation of a land acquisition committee (LAC) consisting of the following members;

• Affected person who uses the land or his/her representative, • Representative of Ministry of Public Works, • Representative of the Ministry of Finance, • Representative of the Ministry of Justice, and • Representative of the local municipality,

184. The land acquisition process is initiated with the constitution of the land acquisition committee. As land and other assets are acquired for a public purpose, the law apparently does not entertain any objection to the acquisition of an individual’s property reinforcing the power of eminent domain of the state. Usually, there are dissatisfactions that arise with these acquisitions, mostly relating to the value of compensation. The LAC inquires into the matter and reviews the valuation and tries to arrive at a win-win solution. The whole process is based on a negotiated approach and as the affected person is also a member of this legally constituted LAC, a consensus is reached on the replacement value of the land and assets lost. The LAC thus also performs the tasks of a grievance redress committee. 185. However, if after this negotiated approach, the issue remains unresolved, the affected person may elevate the matter to the grievance redress committee that will be constituted for each provincial district to try to resolve the issue. It should be pointed out however, that this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an advisory body or facilitator to try to resolve issues between the affected household and the MPW/PMU who would implement the valuation based on the decision of the LAC. The GRC will be composed of the following members;

• Affected person or his/her duly appointed representative, • Representative of the local administration (from the office of the governor), • Representative from MPW - ESMU, • Representative from the local legal department, • Representative of the Implementing NGO

186. The grievance redress committee shall calendar the unresolved matter and meet to try to resolve the issue and a recommendation should be taken within 7–10 working days. In the case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the original representative. If no decision has been promulgated after 10 working days from the last meeting of the grievance redress committee, the affected person may elevate the issue to the next level. The AP has always the final recourse to seek redress through Afghanistan’s legal system. However, every effort should be exerted to avoid this alternative because it would entail loss of time and expenses of the part of the AP. 187. As the concept of just compensation for affected assets for road projects is new to Afghanistan, the ESMU and the implementing consultant (NGO) will assist in disseminating this concept to AHs/APs, its procedures and prerequisites in filing the proper complaints. The process of grievance redress has been made simple to hasten the process of decision-making and facilitate the civil works. The grievance redress committee includes a representative from the local administration and the affected individual. Therefore, grievances are expected to be redressed



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locally within the existing framework. The following diagram shows the process of grievance redress that is adopted by this project.

PROCESS OF GRIEVANCE REDRESS

188. A 2-day workshop on “Training and Orientation for Implementation of LARP” has been planned to be held at the PIU, immediately after approval of this LARP by the ADB. All concerned MPW staff both at PMU and field level involved in the land acquisition and resettlement activities, officials of district and local governments, staff of resettlement consultants will attend this training course. The training will be provided by the Resettlement Specialist (firm) engaged to assist MPW for land acquisition and resettlement and will cover the following topics:

• Salient features of ADB policy on Involuntary Resettlement; • Land acquisition and resettlement planning process; • Step-by-step process under LAL of Afghanistan; • Principles and procedures of land acquisition; • Public consultation, disclosure and participation; • Entitlements and compensation & assistance disbursement mechanisms; • Grievance Redress Mechanism; • Institutional Arrangements; • Monitoring and Evaluation of resettlement operations.

Affected person

Land Acquisition Committee

Not Redressed

Grievance Redress Committee

Not Redressed

Appeal to Appropriate Court

Redressed

Redressed

Complaint filed at PIU Level (15 days)

Complaint filed at PMU ESMU level (30 days)

Redressed



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9.0 Monitoring & Evaluation 189. LARP activities under Package 3 will undergo both internal and external monitoring. Internal monitoring will be conducted by the PIU, assisted by the Supervision Consultant. External monitoring will be assigned to an independent External Monitoring Agency (EMA) to be hired by MPW/PMU, and approved by ADB. The Terms of Reference for the EMA is in Annex. The proposed external monitoring agency is Sociology/Social Department of Bamyan University.

9.1 Internal Monitoring 190. Internal monitoring will be carried out routinely by the PMU through the PIU and results will be communicated to ADB through the quarterly project implementation reports. Indicators for the internal monitoring will be those related to process, immediate outputs and results. This information will be collected directly from the field and reported monthly to the PMU to assess the progress and results of LARP implementation, and to adjust the work program, if necessary. The monthly reports will be consolidated every quarter in the standard supervision reports and submitted to ADB. Specific monitoring benchmarks will be:

• Information campaign and consultation with APs; • Status of land acquisition and payments on land compensation; • Compensation for affected structures and other assets; • Relocation of APs; • Payments for loss of income; • Income restoration activities.

9.2 External Monitoring 191. Considering that the implementation of this LRP will take 3 to 4 months, external monitoring will be carried only once and its results will be communicated to the PMU and ADB through a compliance report. The EMA will be responsible for the preparation of the compliance report confirming that all compensation and related resettlement assistance in cash or kind has been delivered to the affected households. Based on the results of the compliance report, the EMA will recommend to MPW/ADB if the contractor can initiate civil works on road segments with resettlement impacts. A copy of the compliance report and its recommendations will be submitted to the PMU, supervising consultant and ADB simultaneously. 192. The EMA will also assess the status of project affected vulnerable groups such as female-headed households, disabled/elderly and poor families. The following will be considered as the basis to develop the indicators for monitoring and evaluation of the project:

• Socio-economic conditions of the APs in the post-resettlement period; • Communications and reactions from APs on entitlements, compensation, options,

alternative developments and relocation timetables etc.; • Changes in housing and income levels; • Rehabilitation of squatters; • Valuation of property; • Grievance procedures; • Disbursement of compensation; and • Level of satisfaction of APs in the post resettlement period.

193. For each subproject, the EMA will carry out a post-implementation evaluation of the LARP about 1 year after its implementation. The compelling reason for this study is to find out whether the LARP objectives were attained or not. The socioeconomic survey base-line will be used to compare pre- and post- project conditions. The EMA will recommend supplemental assistance for



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the APs in case the outcome of the study shows that the objectives of the LARP have not been attained.

9.3 Management Information System 194. All information concerning resettlement issues related to land acquisition, socio-economic information of the acquired land and affected structures, inventory of losses by AHs/APs, compensation and entitlements, payments and relocation will be collected by the Implementing consultant and computerized by their office. This data bank would form the basis of information for RP implementation, monitoring and reporting purposes and facilitate efficient resettlement management.

9.4 Reporting Requirements 195. The implementing consultant will be responsible for supervision and implementation of LARP and prepare monthly progress reports on resettlement activities and submit to the PMU for review. The implementing consultant will also monitor RP implementation and submit quarterly reports to MPW/PMU and ADB. The external monitoring agency (EMA) will submit bi-annual review directly to ADB and determine whether or not resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/enhanced and suggest suitable recommendations for improvement.



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10.0 Preparatory Actions and Implementation Schedule

10.1 LARP Preparation Actions 196. MPW/PMU will begin the implementation process of RP immediately after its approval by the ADB. It has already initiated some actions as groundwork and certain preparatory tasks regarding implementation of Land Acquisition and Resettlement Plan have been successfully completed, detail is as follows:

• Establishment of a Project Management Unit (PMU) and Project Implementation Unit (PIU) • Deputation of Resettlement Project Officer (RPO) • Appointment of two types of resettlement specialists (consultants) • Establishment of Affected Persons Committees (APCs) • Establishment of official cut off date (July 3, 2009) • A series of public consultative meetings and workshops with APs, APCs, and local

representatives and active involvement APs/APCs in preparing this final RP • Endorsement of this RP by PMU and PIU and its submission to ADB for approval in the

form of this document • The budget for compensation of land, trees, and crops has already been coordinated with

the Ministry of Finance and the earliest time that budget will be available will be on September 2009.

• Establishment of criteria, requirements and procedure for disbursement of compensation cheques

• Identification of the implementing consultant that will assist MPW in LARP implementation • Identification of external monitoring agency who will undertake independent monitoring

197. MPW is also committed to provide adequate advance notice to the APs and pay their due compensation based on the eligibility criteria defined in this LARP for resettlement including relocation and income restoration/assistance prior to start of construction work. The APs of affected structures/assets (houses, shops, etc.) will be paid their due compensations at least three-month (90 days) prior to demolition of the structures from the corridor of impact. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and re-establishment of businesses. 198. Payment of compensation of assets other than structures (land, crops, and trees) will be made at least 90 days prior to actual possession of the space being utilized by the APs. However, in case of a dispute, the assessed/allocated amount of compensation will be pledged in the names of the concerned APs, pending a decision. In such an exceptional case, the MPW may possess the land without payment of compensation. Grievances or objections (if any) will be redressed as per grievance redress procedure adopted in this RP. However, all activities related to land acquisition and resettlement will be completed prior to initiation of civil works for road legs with resettlement impacts.

10.2 Process of LARP Implementation 199. The following paragraphs explain in detail how compensation will be delivered to AHs/APs and the prerequisites needed in triggering the release of financial resources to the ultimate beneficiaries. These steps are specially formulated to address the actual situation in Bamyan province including the availability of financial institutions, peace and order situation, travelling time or distance of AHS/APs from Bamyan City among others.



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200. The steps for the delivery of compensation for all eligible AHS/APs will be the following; i. Obtain financial resources -- Based on the final budget of this LARP. PMU shall obtain the

needed money for its counterpart to fund the land acquisition component from the Ministry of Finance.

ii. Verification of the list qualified AHS/APs– PMU through the implementing consultant will verify the list of AHs/APs provided in this final LARP to ensure that all eligible AHs/APs will be properly compensated and non-eligible AHs/APs will be excluded. To ensure that identification and qualifications are guaranteed, village elders and community Shuras will be consulted to resolve issues rising from the list.

iii. Notification of a detailed compensation package – PMU through the implementing consultant will prepare and provide each AHs/APs with a detailed breakdown of affected assets, and the unit cost of each asset affected and the total compensation that they will receive.

iv. Final conciliation/expropriation – AHs/APs who disagree with the computation of the detailed compensation package shall be provided with a last or final chance to settle these issues with the implementing consultant facilitating this meeting. In the event that PMU and the AHs still cannot agree, the PMU shall file expropriation proceeding in the proper court, praying that MPW be permitted to take possession of the affected asset after depositing the amount equivalent to the contested asset in an escrow account in a bank.

v. Locate absentee owners – The PMU through the implementing consultant and village leaders shall try to locate absentee owners of affected assets. There are some cases wherein owners are residing or working in other places and serious efforts should be undertaken to locate these absentee owners.

vi. Notification to the public – Available media and community bulletin boards will be utilized to inform the public that lands with the corresponding owners will be affected by the project. These will provide sufficient time for any adverse claimants on lands that will affected to raise their opposition or claims over the affected lands.

vii. Preparation of invoices – Invoices for each of the eligible AHs/APs will be prepared by PMU/Implementing consultant. This document entitles each of the AHs/APs to receive the amount indicated in the invoice.

viii. Delivery of the money to local bank – The money from MPW/MoF will be remitted to the local bank in Bamyan. Based on consultations with local MPW, the preferred bank is the National Afghan Bank in Bamyan. However, the MPW/PMU may remit the money for compensation to any bank of its choice. The bank account will be opened by PMU and receive from Kabul the compensation in behalf of the AHs/APs.

ix. Payment -- The AHs/APs will receive each a check for the whole amount of compensation from the PMU/IC. The AH/AP shall sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claim over the affected property. A photograph shall be taken with the AH/AP receiving the check as part of project documentation.

x. The AH/AP will cash the check by presenting their national identification card (NIC) and/or election registration card to the bank. The NIC is the basic Afghan document establishing the identity of a person. It is accepted ID for all government and private transactions. Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC.

201. The AH/AP is encouraged to open a bank account in any bank in Bamyan and only carry the necessary money to their respective villages to avoid unnecessary exposure to bad elements who might wish relieve them of their cash. The benefits of having a saving account will be part of the information to be provided by the implementing consultant.



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10.3 Implementation Schedule 202. A timeline for the implementation and post implementation of the LARP implementation has been prepared in accordance with different steps covered under this LARP and presented in Table 50. The earliest that financial resources for land acquisition will be available will be on September 2009, hence the earliest actual implementation of the LARP will be on October 2009. Table 50 LARP Implementation Schedule

Activities Respon sibility

Aug 09

Sept 09

Oct 09

Nov 09

Dec 09

Jan 10

Feb 10

Mar 10

Apl 10

May 10

June 10

July 10

Submission of LARP to ADB for approval

MPW/ consultants

Allocation of financial resources for land acquisition MPW/MoF

Translation of RP into Dari MPW/IC

RP disclosure: Distribution of RP and information pamphlets in Dari in the affected communities

MPW/IC/ consultant

Distribute Public Information Booklet to APs and Consultation with APs MPW/IC

Consultant

Award of compensation cheques to APs MPW/IC

Disputes/ objections (complaints & grievances) MPW/LAC

/ Court

Shifting of APs/ Demolishing/ relocation of affected structures/assets

MPW/IC/ AHs

Confirmatory letter to ADB for completion of all payments MPW, ADB

Confirmation and verification of completion of payments by External Monitoring Agency ADB

Issuance of no-objection for commencement of civil works by ADB MPW, ADB

Commencement of civil works MPW/ contactor

Internal monitoring. Monthly and Quarterly Progress reporting to ADB MPW/PIU

consultant

Independent evaluation of LARP program (After 3-months of the LARP Implementation) EMA/ ADB



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11.0 Unit Compensation Rates and Budget

11.1 Unit Compensation Rates

11.1.1 Establishing Rates for Land Acquisition & Resettlement 203. The processes for establishing the rates to be used in compensation for projects requiring land acquisition and resettlement can often differ between the borrower and ADB (and other providers of official development assistance). To comply with ADB’s Policy on Involuntary Resettlement, rates used to compensate for lost land and assets must be replacement cost at current market value, in order to meet the policy objective of “at least” restoring people’s livelihoods and ensuring that people affected by a project are not left worse off. According to the policy, replacement cost means the amount of cash or kind needed to replace an asset in its existing or better condition, and is the value determined as compensation for the current market price without depreciation or deduction of the costs of any transaction or for any material salvaged. 204. The compensation and assistances have been calculated based on the information gathered during the social surveys from the local administration officials and the project affected community. The unit values have been drawn from consultations carried out with various stakeholders’. The MPW will provide the entire fund for resettlement activities. The PIU will ensure that resettlement budgets are delivered on time to the implementing consultant for timely implementation of the RP. Individual entitlements on household basis will be processed by the NGO based on confirmed census and inventory of losses. Each entitled person (EP) will receive an identity card. The implementation of this LARP will be completed in 6 months and all households will receive their compensation and assistance due to them 3 months prior to relocation.

11.1.2 Rates Used in Resettlement Plan 205. The rates for land, structures, crops and trees that have been used in the cost estimates prepared in this plan have been derived through rapid appraisal and consultation with affected parties through the census and inventory of loss survey and relevant local authorities. The affected households were asked about their personal valuation of the affected lands and other assets.

11.1.3 Valuation of Land 206. The location of the land influences the actual price per square meter. Based on the partial results of the census and inventory of losses, the nearer the land to a build-up area (e.g. village proper), the higher the valuation and perception of the affected households. Hence, the valuation of the land is pegged on an average, the actual value depending on the nearness to a build up area. In the valuation of agricultural land, the availability of water is very important to determine the fair value or market rates. The availability of water determines the crop potential of the land and if the land can produce more, then the market rates increase. Overall, the scarcity of arable and habitable land in Bamyan makes land prices exorbitant. Residential and commercial lands are largely dictated by the existing road alignment for accessibility rather that crop potential. 207. In the census and inventory of losses, the affected households were asked about the value of their affected land. There are very few land transactions in the project area for the last 5 years and people have only a vague idea on the real prices of land in their areas. Hence, the respondents tend to exaggerate the value of their land holdings. Out of the 456 affected plots, 357 owners expressed their valuation or estimates of their land in square meter. The answers of the



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APs are disaggregated by land type to provide better valuation of the different types of land.



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Table 51 Land Prices as Valuated by Respondents

Type of Private Land No of Responses Price Range (sqm)

Average Price (sqm)

Median Price (sqm)

Irrigated 310 200-600 302.42 300 Non-irrigated 3 200-300 233.33 200 Orchard 19 250-500 405.26 400 Non-cultivated 9 200-400 283.33 250 Res/Comm 16 200-500 328.12 300 357 200-600 307.98 300

208. The local MPW in coordination with the Office of the Governor provided the resettlement team with the land prices based on their proximity to Bamyan City. These are the land prices;

• Bamyan to Shiadon 500,000 per jerib (AF250/sqm) • Shiadon to Qarganatu 400,000 per jerib (AF200/sqm) • Qarganatu to Qabri Aowghon 250,000 per jerib (AF125/sqm)

Based on the valuation of the government, the nearer the land to Bamyan City, the higher the value per sqm of land. Hence, at the start of the project in Yakawlang, the value is around AF125/sqm while in Bamyan City, the land value is double (AF250/sqm). Comparing these land rates to the self valuation rates of the respondents, the government rates are almost one half of the rates of the respondents. 209. The self valuation of the respondents for the agricultural land assumes that the value of the land includes the values of the crops and trees. However, in this LARP, the value of the trees and standing crops are valuated separately. In the valuation of residential and commercial land, the respondents assign some values to the existing structures considering that this is the first time that government will compensate for the affected assets and they are not aware that valuation to determine compensation will separate the land from the structures. These are the reasons why the land rates used in this LARP are lower than the self valuation of the respondents.

11.1.4 Valuation of Structures 210. In the study area, almost all structures are made of mud or mud and bricks except for some government-owned structures that used cement as the binder in lieu of mud, straw and lime. During the interviews, debates were exchanged between interviewers and respondents on this topic. Many respondents insisted that their structures are classified as permanent because these are already old and have withstood the test of time. The interviewers explained that the classification of structure (temporary, semi-permanent and permanent) refers to the materials used in construction and not an adjective describing their structures. 211. The valuation of structures into class 1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double storey building) were determined after various consultations with some owners who recently build their houses, local contractors and some local civil engineers. It should be pointed out again that the walls previously reported are part of the houses as explained earlier in this report. The breakdown of structure rates are shown in the Matrix of Valuation.

11.1.5 Valuation of Crops and trees 212. This is quite problematic because of lack of reliable data in terms of yield. The results of the socio-economic survey were not reliable because majority of the respondents were not aware of size of their land holdings. Their measurements of farm lots are determined on the basis on the amount of seeds they use in sowing. Hence, they know that a certain parcel will require one



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kilogram of seeds and expected to yield a certain amount. Hence, in computing crop losses, a combination of three main crops was used to get the average yield and price. The unit price for crop losses for a square meter of land devoted to the three main Bamyan crops is AF 5.00 per sqm. 213. After consultations with local residents and some faculty members of the Bamyan University, there was a consensus that only a limited types of trees can grow in Bamyan. Predominant tree types are apples and apricot. These two types are the basis for the valuation of tree losses. The valuation of fruit trees is more problematic. The compensation for productive trees is based on the gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years investment they have required. However, during interviews on trees, the fluctuation of the value of tree products was influenced largely by the supply and demand and the absence of post harvest facilities. Farmers are forced to sell apples and apricot at existing market prices when everybody with similar trees is also selling their own apples and apricots. During off-season months, the prices of these fruits quadrupled. The compensation rate for a fruit bearing tree is the average yield per tree (pegged at AF 500/year) times the age of the tree (pegged at an average of 6 years) or AF 3,000 per fruit bearing tree. 214. For the non-fruit bearing trees, the usual propagation method is grafting. Farmers buy these saplings and these are ready to be transferred in the fields after two years. On the fourth year of the tree, the tree starts to produce fruits. Hence, it is on this basis that the valuation of non-bearing fruit trees was determined. The compensation for non-productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. Table 52 Matrix of Valuation

Asset/ Allowance

Item Unit Average Rate

Agricultural Land Irrigated M2 AF 250 Non-irrigated M2 AF 150 Orchard M2 AF 220 Non-cultivated M2 AF 170

Land

Res/Commercial Land M2 AF 270 Class 1 M2 AF 3,000 Class 2 M2 AF 6,000 Structure Class 3 M2 AF 12,000 Crop (wheat, barley and potato M2 AF 5.00 or 10,000/jerib Fruit tree (fruit-bearing age) Tree AF3,000 Fruit tree (non-fruit bearing age) Tree AF 500 per year not to exceed 4 years

Crops and Trees

Wood tree Tree AF 500 Business losses Per business AF 6,000 up to 6 months Income losses Per worker/ employee AF 5,200 for 3 months Severe agricultural impacts Per Household market value of a year’s net income

crop yield of the land lost. Transitional livelihood allowance Per Household AF 5,200 Rent Assistance for Commercial/residential Tenants

Per Household AF 5,000

Rehabilitation Allowance

Assistance for Vulnerable Groups

Per Household AF 5,200



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11.1.6 Income Restoration Allowances 215. The project’s resettlement strategy is to provide compensation for all lost assets at replacement cost in order that APs’ incomes and livelihoods are not adversely affected and where possible improved. All APs whose livelihood are affected will be supported for income losses and those whose livelihoods are affected adversely provide them with livelihood restoration measures (including allowances and interventions for severely affected, poor and vulnerable APs): • Income Restoration Allowance for Crops Losses -- These impacts will be compensated

through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.

• Income Restoration Allowance for Business Losses -- compensation for permanent business losses will be in cash for the period deemed necessary to re-establish the business (6 months). Permanent business will receive AF 6,000 a month for 6 months. Compensation for temporary business losses will be cash covering the income of the interruption period up to 3 months based on a monthly allowance of AF 6,000.

• Income Restoration Allowance for Business workers and employees -- Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.

• Income Restoration Allowance for Severe Agricultural Land Impacts -- When >10% of an AP of the agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost.

• Vulnerable Group Allowance -- Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable AHs equivalent to AF 5,200 and priority in employment in project-related jobs.

• Transitional Livelihood Allowance7 -- AHs losing land or losing a house and forced to relocation will receive a livelihood allowance of AF 5,200 a month for 3 months.

• Rental Allowance – House Renters forced to relocation will receive a rental allowance equivalent to three (3) months’ rent at the prevailing market rate (AF 5,000/mo) and will be assisted in identifying alternative accommodation.

216. Project-related employment (for unskilled and semi-skilled tasks during construction) - severely affected and vulnerable groups will be given priority for project-related employment opportunities as drivers, carpenters, masons, clearing and digging work, and if possible as clerks or basic administration support staff. To this end the contract documentation will need to include a clause requiring contractors to preferentially recruit APs

11.1.7 Compensation Payment Process 217. Based on the Agreement between the Islamic Republic of Afghanistan and the Asian Development Bank, the government will provide funds for the land acquisition amounting to AF102,711,587.00 (including 10% contingency fund) while the balance of AF90,614,526.00 (including 10% of contingencies) will be from the ADB loan for the rehabilitation costs. The total cost of this LARP is AF 193,326,113.00. In terms of actual implementation, upon agreement of the affected person/family of the compensation being offered to them or after the grievance and redress procedures have been exhausted, the NGO and local MPW will recommend for payment to MPW Kabul. After verification process by MPW Kabul, it will issue an order of payment in favor of the AP/AF. This order of payment will be communicated both to the NGO and Local MPW who, will in turn inform the AP/AF the date of actual payment. His order of payment should be

7 Transitional livelihood allowance is computed based on the prevailing wage rate in Bamyan Province of AF 200.00 per day times 26 days or AF 5,200 per month. This is also the basis for cash compensation on lost wages.



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encashable in a bank in Bamyan or the nearest bank in their place of residence. Upon, receipt of the order of payment, the AP/AF will voluntarily demolish any obstruction covered by the order of payment and will turn over the land o the local MPW.

11.2 Cost Estimate & Budget 218. The cost estimate has been based on the rates derived through consultation and appraisal as set out in Section 10.1 of this plan. The cost estimates included in this plan make adequate provision for contingencies (twenty per cent) as well as an administration cost of ten per cent. MPW will ensure that funds are made available as soon as the Minister approves the proposal for payment of compensation.

11.2.1 Cost of Compensation for Land 219. Compensation for affected land will amount to AF93,374.170 for 400,517 sqm. The details are shown in the following table 53. Table 53 Cost of Compensation for Private Land

Land Classification Affected Area Unit Rate (Af.) Amount Agricultural Irrigated 278,321 250 69,580,250.00 Non-irrigated 5,365 150 804,750.00 Orchard 31,480 220 6,925,600.00 Non-cultivated 69,812 170 11,868,040.00 Res/Comm 15,539 270 4,195,530.00

Total 400,517 93,374,170.00

11.2.2 Cost of Compensation for Structures 220. The compensation for the different types of structures affected by the project will total AF 48,960,000.00 for the total area of 9,929 sqm. The details are shown in the following table 54. Table 54 Cost of Compensation for Structures

Type of Construction Material Affected Area(m2) Unit Rate (Af.) Amount (Af.) Mud/brick/wood walls, mud/tin roof 3,618 3,000 10,854,000.00Tiled roof and normal cement floor 6,271 6,000 37,626,000.00RCC, single/double storey building 40 12,000 480,000.00

Total 9,929 48,960,000.00

11.2.3 Cost of Compensation for Trees 221. The compensation for the different types of trees that will be affected by the project will amount to AF 10,236,950.00. The details are also shown in the following table 55. Table 55 Cost of Compensation for Trees

Wood Tree (Cotton Wood) Diameter Frequency Unit Rate(Af.) Amount (Af.)

< 10cm 1,256 200 251,200.00 10-25cm 10,957 350 3,834,950.00



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> 25 cm 7,252 500 3,626,000.00 Sub-Total 19,465 7,712,150.00

Fruit Tree (Fruit Bearing Age) Tree Type Frequency Unit Rate (Af.) Amount (Af.)

Apricot 166 3,000 498,000.00 Apple 141 3,000 423,000.00 Almond 8 3,000 24,000.00

Sub-Total 315 945,000.00 Fruit Tree (Non-Fruit Bearing Age)

Tree Type Frequency Unit Rate (Af.) Amount (Af.) Apricot 169 1,600 270,400.00 Apple 178 2,000 356,000.00 Almond 101 1,600 161,600.00 Cherry 13 1,600 20,800.00

Sub-Total 461 808,800.00 Total 9,465,950.00

11.2.4 Cost of Compensation of Agricultural Crops 222. The compensation for the different types of crops amounts to AF2, 1,016,855.00 on 203,371 sqm. The details are shown in the following table 56. Table 56 Cost of Compensation for Agricultural Crops

Crop Affected Area (m2) Unit Rate (Af.) Amount (Af.) Animal Grass 57,308 5.00 286,540.00 Barley 5317 5.00 26,585.00 Bean 16,101 5.00 80,505.00 Onion 953 5.00 4,765.00 Potato 22,924 5.00 114,620.00 Wheat 100,768 5.00 503,840.00

Total 203,371 1,016,855.00

11.2.5 Cost of Compensation for Income & Business Losses 223. There are 15 persons associated with the affected structures that will suffer permanent and temporary business and income losses and will receive compensation amounting to AF450,000.00. The details are shown in the following table 57. Table 57 Cost of Compensation for Income and Business Losses

Business/Income Losses Affected Person Unit Rate (Af.) Amount (Af.)

Permanent Business Loss (owners) 6 6,000 X 6 months 216,000.00 Income Loss (renter) 1 5,200 X 6 months 31,200.00 Income Loss (caretaker) 3 5,200 X 6 months 93,600.00Temporary



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Income Loss (renter) 1 5,200 X 3 month 15,600.00 Income Loss (wage earner) 2

5,200 X 3 month 31,200.00

Income Loss (caretaker) 2 5,200 X 3 month 62,400.00Total 450,000.00

11.2.6 Cost for Special Allowances 224. Transitional allowance for agricultural land loss and house loss/relocation equivalent to 3 months amounted to AF 4,368,000. Severe agricultural land impacts amounted to AF369,008.00 for land impacts exceeding 10% which involved 184,504 sqm. Vulnerable allowance amounted to AF 1,596,400.00 involving 307 households. Relocation allowance amounting to AF165,000.00 will be given to 11 households who will be forced to relocate because of insufficiency of their remaining land to rebuild their affected structures. The details are shown in the following table. Table 58 Transitional Allowances for Agricultural Land Loss and loss of house/relocation

Transitional Livelihood Allowance AHs Unit Rate (Af.) Amount (Af.)

Agricultural land loss Irrigated 246 AF5,200X 3mo 3,837,600.00Non-Irrigated 2 AF5,200X 3mo 31,200.00Orchard 21 AF5,200X 3mo 327,600.00 Sub-total 269 4,196,400.00Loss of house/relocation 11 AF 5,200x3mo 171,600.00Total 280 4,368,000.00

Table 59 Cost of Compensation for Severe Land Impacts

Severe Land Impacts Affected Area > 10% Unit Rate (Af.) Amount (Af.) Animal Grass 56,144 2.00 112,288.00Barley 3,328 2.00 6,656.00Bean 12,392 2.00 24,784.00Onion 869 2.00 1,738.00Potato 21,231 2.00 42,462.00Wheat 90,540 2.00 181,080.00

Total 184,504 369,008.00 Table 60 Cost of Compensation for Vulnerable Groups

Vulnerable Allowance AHs Unit Rate (Af.) Amount (Af.) Number of Households below poverty line* 305 5,200 1,586,000.00Women headed households 2 5,200 10,400.00

Total 1,596,400.00* Poverty line is AF52 per person/day

Table 61 Cost of Compensation for Relocation

Relocation Assistance AHs Unit Rate (Af.) Amount (Af.)



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Mud/brick/wood walls, mud/tin roof 7 5,000 x 3 months 105,000.00Tiled roof and normal cement floor 4 5,000 x 3 months 60,000.00RCC, single/double storey building 0 0.00

Total 11 165,000.00

11.2.7 Summary of Cost estimate and Budget 225. The following table summarizes the cost estimates and budget of this land acquisition and resettlement plan. The provisions for administrative costs and contingencies are included in this budget. The total required budget for this LARP is AF. 193,326,113.00. The details are shown in the following table 62. Table 62 Summary of Cost Estimate and Budget

Land Acquisition and Resettlement Plan Budget Land (A) Affected Area Unit Rate (Af.) Amount (Af.)

Private Land Agricultural Irrigated 278,321 250 69,580,250.00 Non-irrigated 5,365 150 804,750.00 Orchard 31,480 220 6,925,600.00 Non-cultivated 69,812 170 11,868,040.00 Res/Comm 15,539 270 4,195,530.00

Sub-Total 400,517 93,374,170.00

Structure (B) Mud/brick/wood walls, mud/tin roof 3618 3,000 10,854,000.00Tiled roof and normal cement floor 6,271 6,000 37,626,000.00RCC, single/double storey building 40 12,000 480,000.00

Total 9,929 48,960,000.00Crop(C)

Animal Grass 57,308 5 286,540.00Barley 5317 5 26,585.00Bean 16,101 5 80,505.00Onion 953 5 4,765.00Potato 22,924 5 114,620.00Wheat 100,768 5 503,840.00

Sub-Total 203,371 1,016,855.00Tree (D) No of Trees

Wood tree (Cottonwood) 19,465 200 - 500 7,712,150.00Productive Fruit Tree 315 3,000 945,000.00Non-Productive Fruit Tree 461 1,600 – 2,000 808,800.00

Sub-Total 20,241 9,465,950.00



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Business/Income Losses (E) Affected Person Permanent

Business Loss (owners) 6 6,000 X 6 months 216,000.00 Income Loss (renter) 1 5,200 X 6 months 31,200.00 Income Loss (caretaker) 3 5,200 X 6 months 93,600.00Temporary Income Loss (renter) 1 5,200 X 3 months 15,600.00 Income Loss (wage earner) 2 5,200 X 3 months 31,200.00 Income Loss (caretaker) 2 5,200 X 3 months 62,400.00

Sub-Total 450,000.00

Special Allowance (F) Affected

Household/Area Transitional Allowance 280 5,200 X 3 months 4,368,000.00 Severe Land Impact 184,504 sqm 2 369,008.00 Vulnerable Allowance 307 AHs 5,200 1,596,400.00 Relocation Allowance 11 AHs 5,000 X 3 months 165,000.00

Sub-Total 6,498,408.00Total (A+B+C+D+E+F) 159,765,383.00Administrative Cost (10%) 15,976,538.00 175,741,921.00Contingency (10%) 17,574,192.00 Total LARP Budget 193,326,113.00



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List of Annexes

Annex 1 List of Project Affected Households and Persons

No Chainage Owner/occupant Father' Name Affected Area

(Land) Affected Area

(Structure) 1 00+200 Shah gual hosen Shah Askar 4,151 N

2 00+340 Mir Agha shah merza ali 540 N

01+240 84 N

01+200 120 120

3 00+360 Haje Ayub shah merza ali 869 N

4 00+380 M.Hosean shah merza ali 637 N

5 00+440 Sayed Reza shah merza ali 345 N

6 00+560 Haje Ahmad shah merza ali 1,942 N

01+360 869 N

7 00+660 Sayed ghazanfar Sayed Ali 466 N

01+120 529 N

01+130 347 N

01+180 75 18

8 00+700 Mir Hosean Mirza Hosean 682 N

9 00+800 S.Arif S.Adbulwaheed 4,212 N

01+100 300 N

01+320 390 N

10 01+060 S.ghulam hasan S.M.Hasan 578 N

11 01+220 Mosque religious 300 174

12 01+440 Sayed Mhammd S.Ahmad 120 75

13 06+140 Sayed hasan Sayed Ahmad 1,246 120

14 06+200 M.Hosean Ahmad Ali 981 300

06+360 1,928 N

15 06+280 Mohammad Sakhi Dad 1,050 259

16 06+280 Ewaz Hosesn Ali 1,112 N

17 06+300 Aziz Sakhi Dad 1,293 N

18 06+720 Haje hosean Haje Reza 185 N

19 06+760 Darab Ali hassan 325 N

07+000 197 N

20 06+780 Hosean dad Haje Haydar 331 N

07+100 457 N

07+180 413 N

07+880 930 N

21 06+820 Haje hassan Haie Nabi 256 N

22 06+980 M.Issa Haje khadem 116 N

23 07+020 Qasim Hasan 382 N

24 07+020 M.Ali Ahmad hussain 417 N



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07+100 203 N

25 07+100 Asadullah Haje hosean ali 628 N

07+380 505 N

26 07+160 Haje hosean Haje Nabi 363 N

27 07+240 Hosen bakhsh M.Hosen 542 N

07+320 560 N

28 07+240 Haji Khadem Khetmat Ali 786 N

29 07+280 Qasim Ali hasan 685 N

09+940 131 N

30 07+340 ghulam Sakhi Barat 569 N

31 07+540 Hewaz Haje haydar 1,550 N

32 07+680 Anwar shah Haje Aqbal shah 1,601 N

33 07+760 Hosean shah S.Shah 489 N

34 07+830 Ali shah Sayed shah 592 N

35 07+920 M.Hosean Haje haydar 253 N

36 07+920 Shaheen shah Sayed shah 285 N

37 08+000 Rohullah Sayed shah 5,243 N

08+080 5,243 N

08+240 183 N

38 08+600 Ministry of Agri Government 3,000 3000

39 08+780 Asadullah zahmat Mr Habibullan 224 N

40 08+800 Torab Ali hasan 2,136 N

41 09+140 S.yosuf S. Asa khan 155 N

42 09+560 Shah Ibrahem Shah gulam hosean 670 N

43 09+560 S.Gul Mahdi Shah gulsm hoseam 1,097 N

44 09+720 Abdullah Ghullam.hasean 213 N

45 09+760 Shah khadem Shah Ayoub 293 N

09+960 210 N

46 09+700 M. Dawod M.Easa 710 N

47 09+920 Shah Ishaq M.Ali Karbali 1,207 N

48 10+120 Basmllah M.Akbar 196 28

49 24+260 Mohammad Ahmad Ali 1,775 N

50 24+380 Haje Abdullah Ali Madad 1,933 N

51 24+420 Yaqub M. Nabi 1,183 N

52 24+540 Taleb Hosean M.Ali 80 80

25+240 371 N

53 24+740 Nabi Mirza Jan 1,112 N

54 24+780 Nasrullah Habibullah 789 N

25+540 303 N

25+660 461 N

55 24+980 Jan Ali Sultan Ali 1,227 N

56 25+180 M.hakem Najaf Ali 285 N

25+940 484 N



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57 25+300 Ibrahem Mohammad 554 N

58 25+500 Hashem Khoda bakhash 284 N

59 25+660 Nowroz Ali Gulam Raza 686 N

60 25+840 Nowroz Ali M.Ali 749 N

61 26+020 Abulhasan M. Hashem 765 N

62 26+160 Barit Khadam 2,845 N

63 26+340 Haje Hasan dad Hasan Ali 873 N

64 26+360 Ibrahem Haje Aqbal 1,194 N

65 26+420 Abdullah Haje Assa 407 N

66 26+460 Ibrahem Akbar 679 N

67 26+480 Mohammad Gulam Hasan 183 N

68 26+480 Qorban Haje Assa 736 N

69 26+560 Amin Ewaz 1,319 N

70 26+560 Akbar Najaf Ali 845 N

71 26+600 Rajab Ali Dedar 517 N

26+880 473 N

72 26+640 Yosuf Ali hosean 895 N

73 26+720 Haje Assa Qambar Ali 183 N

74 26+760 Haje Baqer Haje Najaf 252 N

75 26+840 Mousa Hazeem 226 N

76 26+880 Haje M.Easa Haje khoda dad 519 N

77 27+000 Abdullah Haje Assa 1,155 N

78 62+600 Hussian ali ghullam haider 3,191 N

79 62+620 Musqe Musqe 8 8

80 62+600 M.Hssain M.Haider 400 N

81 62+700 Ghulam Ali M.Haider 708 N

82 62+800 M.Shah Shah Mahmod 375 N

83 63+060 Saeweri Ghulam Rasol 150 150

84 63+060 Zaman M.Hussain 51 N

85 63+080 Assadullah M.Haider 495 N

86 63+100 Malik Hosean Ghulam Sakhi 575 N

87 63+140 Ibrahem Naim Bek 693 N

88 63+140 Abdurahman Sakhi Dad 220 N

63+200 677 N

89 63+220 Haji Aziz Halji Nazir 193 N

90 63+280 Sakhi dad M.Easa 779 N

91 63+320 Amin Hussain Dad 327 N

92 63+380 Haji Talib Kalbe hosean 236 N

93 63+420 Dawod Haji Nader 268 N

94 63+260 Hanif M.Yar 922 N

95 63+560 Abdulghafor Haje M.hasan 1,150 1150

63+640 647 N

63+580 238 238



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96 63+580 Hassan Riza Mirza Hasan 612 278

97 63+600 Hussian Dad Haji Azim 647 151

98 63+640 M.Hasan Haji Hussain Ali 1,200 60

63+660 63 N

99 63+680 M.Muosa M.Ibrahem 382 N

100 63+800 M.Zaher Haje hosean ali 438 N

63+700 702 N

63+700 487 N

101 63+900 Haje Ibrahem Haje Abdlrasol 2,146 N

102 63+900 M.Muosa M.Easa 2,211 N

103 64+040 Ali haydar M.kaber 304 N

104 64+140 Ewaz M.halam 830 N

105 64+160 M.Hadey M.Zaman 248 N

65+000 1,500 N

106 64+200 Haji Hadi Haji habibulla 248 N

107 64+200 M.Hakem M.Nader 4,339 N

108 64+400 Abdulkarem Haje M. Nader 2,037 N

109 64+500 M. Arif Haje Nader 738 N

110 64+500 Nasrullah M.halam 1,875 N

111 64+900 Ahmad Aman 1,500 N

112 65+100 Abdullah Gulam Ali 848 N

65+860 1,800 N

113 65+260 Raheem Naseem 1,456 N

114 65+320 Abdulhakem Naseem 2,075 N

115 65+560 Abdlhameed Gulam Ali 814 N

66+200 2,971 N

116 65+640 Abdulhazem Gulam Ali 2,173 N

66+340 4,960 N

117 65+800 Naheem Naseem 676 N

65+900 1,500 N

118 66+600 S.Amir hosen S.Gulam hasan 148 N

67+040 124 N

66+920 406 N

67+055 306 306

119 66+620 S.Naser S.Rasol 73 N

120 66+680 S.Arif S. gulam rasol 969 N

67+200 240 58

67+460 3,363 N

121 66+720 S.Halem S.gulam rasol 292 N

67+200 448 289

67+120 301 N

67+560 937 N

122 66+740 S.Hayder S.gulam rasol 145 N



87

67+230 138 75

123 66+580 S.Ali hasan S.Gulam hosen 264 N

66+800 487 N

67+000 432 N

67+080 217 195

124 66+860 S.Hussain S.Rasol 375 N

125 66+880 S.abdul Hassan S.Rasol 395 N

126 66+540 S.Abdulqasim S.Gulam hasan 165 N

66+960 500 N

66+960 179 N

67+100 221 156

127 67+160 S.Sultan Shah Ibraiem 717 N

67+700 2,154 N

67+160 183 183

128 67+180 S.hussian shah S.Ibraiem 170 80

129 67+280 S. Khadem S.Ibraiem 1,382 N

130 68+300 S.M.Ali Haji Shah Haider 2,773 N

68+380 115 115

68+460 3,600 140

68+740 2,975 N

68_600 2,804 N

131 67+820 S.Habib S.Hosean shah 54 54

68+800 1,217 N

132 68+520 S.Mhammad Haje Sakhedad 306 N

133 68+480 S.Hosen Haje Sakhedad 100 N

134 68+900 S.Ali shah Sakhi Dad 295 N

135 68+980 S.Ewaz S.Askar 434 4

136 69+000 Haje Rasol Shah Yaqub Ali 1,336 N

137 68+940 S. Ghafar S.Asadullah 114 N

68+980 707 N

68+140 678 N

138 69+300 Amirhasan Abulhasan 674 N

139 69+380 M.Eisa S.Ghareb 1,000 N

140 69+420 S.Agha hosean S.Gareb 375 N

69+420 11 11

141 69+460 S.M.Ali shah S.Hosean Ali 643 N

69+500 715 N

142 69+480 Nader shah Shamis Ali 617 N

143 69+580 S.Ahmad shah M.hata 863 N

144 69+740 Allahyar Haje Khoda yar 1,872 N

145 69+920 Allah yar Khoda dad 1,720 28

146 70+020 S.Sadiq S.Shah Hosean 1,502 N

70+200 479 N



88

70+220 275 N

147 70+160 Malik Ghafor Ghulam Hasan 1,787 N

70+280 1,355 N

148 70+340 Ghulam haydar M.Hosen 2,219 N

149 70+340 S.Askar M.Akbar 246 N

70+580 942 N

70+760 1,463 N

70+920 980 N

150 70+460 S.Mousa M.Akbar 250 N

70+720 962 N

70+880 752 N

70+980 646 N

151 70+500 Ghulam Hosean M.Muosa 1,082 N

152 70+540 S. Haji Khadim M.Muosa 450 N

72+060 636 N

153 71+040 S.ghulam hasan S.M.Mousa 817 N

154 71+080 Mosque land N 944 N

155 71+180 S.Ghualm hosean S.Mousa 1,043 N

156 71+240 Haqeel S.Mohammad 278 N

157 71+240 S.Mirza hasan S.Amir hasan 93 N

71+780 4,363 N

72+540 1,219 N

158 71+300 S.Amir hasan S.Amir Hussain 511 N

71+580 600 N

72+060 489 N

72+180 1,087 N

72+300 1,087 N

159 71+340 S.Abdullah S.Abdul Hasan 824 N

72+200 129 N

160 71+480 S.Nader shah S.Ali Akbar 891 N

161 71+560 S.Ali jan S. Abdlhosean 819 N

162 72+420 S.Jalal S.Abulhasan 554 N

163 72+240 S.Abu Talib S.Abulhasan 155 N

164 72+500 S.Ghulam Riza S.Ghulam hasan 297 N

72+660 1,020 N

74+800 1,925 N

165 72+600 S.M.Haydar S.M.Hosean 1,554 N

72+780 1,872 N

166 72+880 S.Hasan shah Shah Hosean 520 N

167 72+920 S.Ali Mirza S.Ali gohar 307 N

73+040 1,208 N

73+200 1,024 N

168 72+910 S.Ismahil S.Ibraiem 312 N



89

73+080 462 N

169 72+960 S.Ghafar S.Ali jafar 708 N

73+300 246 N

170 73+100 Mosque Religious 105 58

171 73+120 S.Muhammad S.Ali Ahmad 213 N

172 73+400 Paywand Ali khadmat Ali 463 N

173 74+300 Abdulwahid Haje Amam Ali 1,160 N

174 73+840 Hosean Moheeb 1,602 N

175 74+060 Mirza M. Noor Ahmad 496 N

176 74+100 Tawe Mohammad Ali Mohammad 208 N

177 74+100 Asadullah Wali Mohamad 115 N

178 74+120 Zahir Akbar 1,111 N

179 74+160 M.Muosa Khoda yar 165 N

74+580 657 N

74+690 370 N

75+100 2,668 N

180 74+180 Ramazan paywand 440 N

181 74+200 Sifat Yaqub Ali 214 N

182 74+400 M.Hasan M.Ayoub 2,131 N

183 74+520 Asadullah M.Skandar 137 N

184 74+560 Razadad Abdulaziz 103 N

74+680 200 N

76+700 2,595 N

185 75+160 M.Ali Rajab Ali 1,068 N

186 75+710 Abdul Sultan 2,651 N

80+380 135 N

187 75+740 Sakhi dad M.Bakhsh 1,324 N

75+900 1,111 N

188 75+800 Allah Dad Allah Bakhash 758 N

80+420 265 N

81+160 382 N

189 75+940 Sher Zada Haji Sarwer 418 N

190 76+000 Abdul Wahed M.Ali 584 N

77+350 1,564 N

191 76+400 Nawroz Haji Sultan 2,536 N

192 76+680 Police post Government 180 40

193 76+800 Karim Sofy Abdulaziz 1,032 N

194 76+800 Hosean Ali Qurban 818 N

195 77+460 hayatullah Mirza Hussain 2,011 N

78+020 197 N

196 77+560 Sullaiman Sakhi Dad 1,902 N

77+660 24 24

77+660 35 N



90

78+020 1,524 N

80+400 210 N

81+220 310 N

197 77+860 Ramazan Rustam 885 N

198 77+920 Zahir M.Ali 1,849 N

199 77+950 Painda Sultan Ali 347 N

200 78+130 Haji Shir Said Ahmad 1,379 N

78+320 1,628 N

201 78+240 M.Hussain Haji Gulab hussain 822 N

202 78+260 Chaman Ali Ghulam 190 N

203 78+220 Taher Ramazan 1,205 N

204 78+440 Abdul Ahmed Ali Ahmed 235 N

205 78+500 Khuda Dad Haji Juma 246 N

78+800 1,730 N

78+800 1,499 N

206 78+640 Khial Gull Aqbal 1,290 N

207 78+960 Sefder Qasem 1,302 N

79+140 1,787 N

79+320 3,300 N

80+800 1,231 N

208 79+240 Imam Dad Haji Ghlam 3,000 N

209 79+820 Fazl Ahmad S.Ahmad 2,311 N

80+300 938 N

210 80+360 Khair Mohamad Said Ahmad 730 N

211 80+400 Satar Rajab Ali 109 N

212 80+580 Karem Jamal 3,237 N

213 80+620 Najib Amam Dad 327 N

80+700 327 N

214 80+680 Rajab Qurban Ali 437 N

215 80+680 Hakim Gulam Nabi 351 N

216 80+740 Qadam Qurban 492 N

217 80+960 Ahmad Ali Murad Ali 1,884 N

218 81+160 Noor Ali Morad Ali 317 N

81+100 379 N

219 81+040 Grave Yard Religious 215 215

220 81+260 MOhamad Hosain Noor Ahmad 260 N

221 81+280 Hosain Habib 284 N

222 81+320 Khuda Dad khuda Bakhsh 458 N

223 81+340 Mosa Ahmad Ali 482 N

224 81+380 Muhsin Ahmad Ali 427 N

225 81+500 Ghulam Mohamad Fazel Ahamad 1,143 N

226 81+400 Asadullah Wali Mohamad 240 N

227 81+580 Besmellah Abdul Kerbali 578 N



91

228 81+420 Nawroz Sultan Ali 294 N

229 81+600 Sultan Sakhi Dad 94 14

230 81+660 Mohamad Ali Wali Mohamad 105 105

231 81+680 Eid Mohamad Qurban 211 N

232 81+720 Khalil Morad Ali 705 N

233 81+760 Zahir Hosian Ali 548 N

234 81+820 Ramazan Shokor Dad 38 N

235 81+860 Mosa Soltan 244 N

236 81+940 Assadullah Sultan 386 N

237 81+960 MOhamad Hosain Ramazan 193 N

238 82+020 Alah Dad Morad Ali 65 65

239 82+080 Qurban Ali Ghulam Sakhi 20 20

82+120 61 N

240 82+100 Zahir Ramazan 20 20

241 82+100 Hosain Ali sher Ali 82 N

242 82+120 Mohamad Ali Rajab Ali 24 20

243 82+080 Allah Dad Rajab Ali 102 N

82+260 985 N

244 82+090 Sakhi Akbar 20 20

245 82+140 Khuda Dad Rajab Ali 20 20

82+520 524 N

246 82+180 Ali Hasan Mohamad Hosain 600 N

247 82+200 Asadullah Mohamad hasan 697 50

248 82+200 Mahmadulla Khoja Habibula 359 N

249 82+240 Jawad Sultan Ali 207 N

250 82+340 Halim Ghulam Sakhi 606 N

251 82+360 Hosain Ali Haji Safder 331 N

252 82+380 Abdurahman Mohamad Hosain 340 N

253 82+400 Majed Akbar 649 N

254 82+420 Khal Mohamad Haji Akbar 675 N

255 82+480 Gull mir Haji Akbar 889 N

256 82+560 Nader Amir 84 N

257 82+580 Anwar Sarwar 141 N

258 82+680 Allah Dad sher Ali 144 144

259 82+720 Ganj Ali Khal Mohamad 71 N

260 82+740 Golbudin Rahmat 202 N

261 82+800 S.Hussain S.Amer 86 N

262 82+860 Amiroden Ghulam Nabi 71 71

263 82+900 Mohamad Jan Abdul Ahmad 28 28

82+900 357 32

264 82+930 Dadulla Ali Ahamad 154 N

265 82+980 Mohamad Nasem Mohamad Ebrahim 747 N

266 83+020 Mokhatar Haji abul rawof 701 N



92

267 83+130 Chaman Gulam rasol 726 N

268 83+140 Khairodin Mohamad Shafi 176 N

269 83+280 Bomany Haji Ghulam Haider 64 N

270 83+160 Hasan Reza Mohamad Reza 237 N

271 83+500 Juma Khan Najmudin 25 25

83+500 2,053 N

272 83+540 Jalalodin Rahmatulla 1,009 N

273 83+620 Amin jan Fazel Ahamad 1,450 N

274 83+660 Shad Mohamad Jan Mohamad 1,130 N

275 83+700 Hekmatulla Rahmatulla 59 59

83+700 1,035 N

276 83+740 Islam A.Hamed 554 N

277 83+780 Nadir fazel haq 485 N

278 83+800 Haji esa Haji habibulla 317 N

279 83+840 Safar Mohamad Merza Jan 419 N

280 83+870 Hayat Rahmatulla 516 N

281 83+860 Lajman Abdul fatah 78 N

83+930 131 46

282 85+900 Habibulla Ahmad Ali 253 N

283 86+000 Zambak Haji Golnabi 658 N

284 85+900 Sakhi Ahmad Haji Zair 148 N

285 85+960 Hosain Jan Joma 485 N

286 86+020 Ghowsodin Hasamodin 494 N

287 86+080 Sakhi Ahmad Safer Ali 341 N

288 86+100 Abdullah Abduwahed 204 N

289 86+020 Haji Ghulam Sakhi N 175 N

290 86+140 Tawoos Ebrahim 252 211

291 86+140 Fatah Abdulwahed 147 N

292 86+200 Khawani khan Mir 805 N

293 86+280 Haji ghondom Ali Safdar Ali 512 38

294 86+350 Haji Qmer Ali Safdar Ali 350 190

295 86+420 Khawani Baqi 266 81

296 0+660 sayed Mahammad sayed Ahamd 100 N

297 1+200 S.M.Hussain Shah Mirza Ali 370 186

298 1+260 S.Hassan S.Haider 76 N

299 1+240 S.Hassan S.Riza 76 N

300 3+440 M.Yaqub kalbi Hassan 3,066 N

4+680 1,425 N

301 4+500 Mussa Ghullam Nabi 1,724 N

302 4+600 Mirza hassan Ghullam hassan 3,065 N

303 6+320 Muhammad Sakhidad 131 N

304 6+940 Hji Khadem khidmat Ali 366 N

305 7+600 Talib Amin Shah 1,204 N



93

306 8+200 M.Ali Muhammad 3,016 N

9+300 272 272

9+320 75 N

307 9+800 Dawood Issa 75 N

308 9+900 M.Sewer Ghulam Hussain 97 N

309 9+920 Mirza hussain Qamber 409 N

310 10+020 M.Ali Mehrab 1,121 N

311 10+100 Darab Ali hussain 590 N

312 10+020 Jawad Shah M.Hussain 39 N

313 10+120 torab Ali hassan 284 N

314 10+180 Bismillah Akbar 12 12

315 13+100 Haji Arif Haji Wakil 8,503 N

316 13+200 S.Basher S.Feroz Bahari 4,273 N

317 13+400 Jawad Aqa Rais 4,049 N

318 13+600 Shah Ishaq Ahmad Ali Sha 3,893 N

13+840 2,862 N

319 13+700 Shah Ibrahim Shah Hussain Ali 3,383 N

14+500 8,051 N

320 13+740 S.Ahmad S.Karbali 1,974 N

321 13+920 S.Mahmud M.Ali Shah 2,683 N

322 14+40 Hussain Ali Shah Talib 1,012 N

323 14+100 Haider Shah Ahmad Shah 1,539 N

324 14+600 Abass Ghulam Hussain 2,047 N

14+800 1,621 N

325 14+720 Riza Khuda dad 3,016 N

326 14+840 M.Ali Ali Dost 2,807 N

327 14+920 Riza Ghulam Nabi 1,110 N

328 14+960 Hussain sarwer 1,386 N

329 14+640 Nasir Mirza hassan 915 N

15+100 1,279 N

330 23+980 Dawlet Hussain 1,311 N

331 25+740 Irahim Muhammad 242 N



94

Annex 2 – Highlights of the Public Consultations Highlights of the Village Public Consultation Meetings

And Focus Group Discussions ========================================================================= Dates and Locations of Meetings and FGDs 1. April 7, 2009 – Bariki, Shaidon Village 6. April 12, 2009 – Shaidon Village 2. April 7, 2009 – Shaidon VillageBazar 7. April 14, 2009 – Sorkhdar Village 3. April 10, 2009 – Qarganato Village 8. April 14, 2009 – Sorkhdar Village 4. April 10, 2009 – Yakawlang District 9 April 14, 2009 – Khamcalak Village 5. April 10, 2009 – Yakawlang District 10 April 14, 2009 – Nowabad Village The supervision consultants provided project information on the road project to the participants. Notices were given and coordination was undertaken before the actual meetings to ensure that village leaders and all interested residents are invited. It was explained that the right of way (ROW) has a width of 30 meters, 15 meters each side from the center line. The centrelines were pre-determined by the design team to ensure that these conform to the road standards of Afghanistan and produce a smoother traffic flow. There are however some sections wherein the existing centrelines were not followed to eradicate hairpin bends and produce a safe and durable road. All assets including land, structures, crops, trees and community facilities such as irrigation canals and ditches will be affected by the project. The project had already conducted an inventory of losses of affected assets and socio-economic survey. In these surveys, the project have listed the names of the owners/users of these assets and the project is already preparing a land acquisition and resettlement plan (LARP) that will ensure that all these affected assets are justly compensated. The approved LARP will be presented and explained to all affected households and persons and other interested parties. The primary purpose of these meetings and FGDs is to provide the affected households and persons and host communities the opportunities to air and ventilate their issues, concerns and opinions about the project while on the side of the supervision consultants, it is also an opportunity to clarify and elucidate initial results of two surveys as well as inquire on subject matters that were not sufficiently covered by the two questionnaires. The following are the highlights of the meetings and FGDs. ========================================================================= Highlights:

Project Information

Project Awareness –The participants of the ten meetings were aware of the project primarily because of the presence of surveyors in their respective areas. They saw these survey personnel with their equipment measuring the road alignments. Some residents learned about this project after they inquired from these personnel. Some said that the provincial government have already relayed this information to their leaders. Public Transport – There are two bus companies servicing the route from Yakawlang to Bamyan, these are the Town ice and Flank Koch. The rest are private vehicles for hire such as the L-300



95

vans. These are also some cars that can be rented but these charge higher. The bus companies charge lower that the private vehicles but the private vehicles are faster to use to their destinations. Road Conditions – There is a general consensus that the road conditions are very bad because of the lack of pavement and narrowness of certain road sections. During rians or snow, there are certain parts of the road that are impassable because of the deep mud that prevent vehicles from passing through. Vehicles with high clearances of their undercarriage however are able to pass. The road conditions adversely affected their lives in terms of high transport costs for their farm products. Some participants transport their products to Kabul and the high transport costs decrease their farm earnings. The 10 meetings and FGDs signified their willingness to pay road tax just to improve the road conditions. Freight Rate – The cost of transporting 7 kilograms of vegetables (regardless of kind) ranges from AF 10.00 to AF 30.00 depending on the origin. This means that the freight cost of each kilo of vegetables ranges from AF 1.43 to a high of AF 4.29 per kilo.

Location Freight (7 kgs of

Vegetables to Kabul AF)

Travelling time to

Bamyan City

(hours)

Average Monthly Income

(AF)

Average Transport Expense /mo (AF)

% of transport

fare to monthly income

Willingness to Pay

Road Tax

Bariki, Shaidon 15.00 -0- 6,000 1,000 16.67% Yes Shaidon Bazar 10.00 -0- 3,000 500 16.67% Yes Qarganato -0- 2 3,000 1,000 33.3% Yes Yakawlang(1) 25.00 6 6,000 1,000 16.67% Yes Yakawlang (2) 25.00 4 6,000 1,000 16.67% Yes Shaidon 25.00 2 5,000 550 11.00% Yes Sorkhdar (1) 30.00 1.5 2,000 200 10.00% Yes Sorkhdar (2) 25.00 -0- 6,000 2,000 33.33% Yes Khamcalak 20.00 1 3,000 300 10.00% Yes Nowabad 10.00 -0- 5,000 1,500 30.00% Yes Travelling Time – The distance of Yakawlang to Bamyan is around 92 km. The average travelling time to the two meetings from Yalawlang is 5 hours or an average of 18.4 km per hour. Monthly Income – The monthly income ranges from a low of AF 2,000 in Sorkhdar (2) to as high as AF 6,000 in Bariki, Shiadon, Yakawlang (1) and Sorkhdar (2) or an average of AF 4,000 a month. Transport Expense per Month – The monthly transport expense ranges from as high a AF 2,000 to as low as AF 300. In terms of percentage of their transport expense per month in relation to their monthly income, the percentage ranges from 10% to as high as 33% as their transport expense in relation to their income. The participants spend an average of 19.43% for their transport expense. Socio-Economic Conditions

Land Rate – The land rate per Jerib (2,000 sqm) ranges from a high of AF1, 000,000 to a low of AF 250,000. Based on previous consultations with some government offices, the rate of agricultural land depends on the location of the land in relation to a road, the location of the land in relation to the village, and whether the land is irrigated or not. Main Economic Activity – Farming is the main economic activity along the road alignment. The main agricultural products are wheat and potato with others planting barley, vegetables and fruits.



96

The prolonged annual winter in the area has shaped the planting routine of the residents (one cropping a year). Winter season is long (around 5 months), hence, all possible products from the soil are grown within the remaining 7 months of a year. In some parts of the project site such as Qarganato and Shaidon, the cultivation season is shorter. Hence, their cultivation is extensive, using all possible areas to grow their products within a limited time in a year. The intensiveness of cultivation can also be seen in the rate of production per Jerib which ranges from 2 tons to 4.8 tons per Jerib (2,000sqm). This is also the case of wheat wherein the production rate ranges from 1 ton to 2.8 tons per Jerib. Source of Drinking Water – Natural sources such as rivers, streams, springs, and wells are tapped to provide potable water to the households. However, the main sources of these waters are melting snows whose supplies decrease during winter when all are frozen. Hence, there is a cyclic shortage of potable water. Health Issues – The main health issue is the lack of a nearby medical facility to provide health services. This is exacerbated by the very poor road conditions which make it doubly hard to rush patients with serious medical illnesses to the existing medical facilities. In Yakawlang, there is a hospital but as the participants said, there is no doctor to address their medical consultations.

Location Land Rate (per Jerib in

AF)

Main Economic

Activity

ProductionRate (per

Jarib)

Source of

Drinking Water

Shortage of Water

Health Issues

Bariki, Shaidon 500,000 Vegetables -0- Stream and river

yes No health facilities in the area

Shaidon Bazar 1,000,000 Wheat and Potato

3,500 kgs potato

Stream, river, well

yes Hospital in the area

Qarganato 200,000 Barley, Maize and vegetables

-0- Spring Yes No health facility

Yakawlang(1) 500,000 Wheat and potato

1 ton wheat or 2 tons potato

Stream Yes Tuberculosis, no doctor in hospital

Yakawlang (2) 500,000 Wheat, potato and fruits

-0- Spring and stream

yes No doctor in hospital

Shaidon 500,000 Potato and wheat

4,200 kgs potato or 1,750 kgs of wheat

Stream, spring and river

yes Nearest hospital in provincial center

Sorkhdar (1) 400,000 Wheat and potato

-0- River yes No problem

Sorkhdar (2) 250,000 Potato and Wheat

4,800 kgs potato or 2,800 kgs of wheat

Stream yes Nearest hospital in provincial center

Khamcalak 500,000 Wheat, potato and onions

7,000 kgs combine

Well, stream and river

yes Patronize hospital in Bamyan

Nowabad 650,000 farming -0- Well, spring and river

yes No health facilities



97

Educational Status – There is widespread illiteracy in the 10 villages where the FGDs were held. The percentages range from majority to 90% of the population who are illiterate. Reasons cited are lack of accessible educational facilities, difficulty in going to school, farming chores competing with studying and poverty.

Location Educational Status

Employment Status

Compensationtype

Perceived Benefits

Perceived Losses

Issues on the project

Bariki, Shaidon Most people are illiterate

No employment up to now

Cash Comfort in going and coming

Loss of structures and land

Employment of people in their area

Shaidon Bazar 90% are illiterate


Cash Road problem will be solved

Loss of land and houses

Take labor from their area

Qarganato Most people are illiterate


Cash Better roads Loss of agricultural lands

Employment for the people

Yakawlang(1) No university in Yakawlang


Cash Better roads Loss of structures and gardens

Laborers should come from Yakawlang

Yakawlang (2) Most of the people are illiterate


Cash Problem with access will be solved

Agricultural land and hoses

Laborers should come from Yakawlangj

Shaidon 80% are illiterate

No employment

Cash Community will improve

Irrigated land and houses

Take laborers from the village

Sorkhdar (1) 80% are illiterate

No employment yet

Cash Better roads Agri land and residential structures

None

Sorkhdar (2) About 90% are illiterate

No employment opportunities

Cash Good roads Structures and gardens

Employment from the project

Khamcalak Majority are illiterate


Cash Easier access, cheaper transport

Residential structures

None

Nowabad Most people are illiterate


Cash Greater access

Structures and gardens

Laborers should come from this area

Perceived Benefits From the Project – There is agreement that the project will provide better access for the residents to travel and bring in supplies and bring out their products. This project will also provide lower transport costs that would directly benefit them because they would earn more, selling their products either in Bamyan or in Kabul. Lower transport cost would encourage them to send their children to school because of lower transport fares. With these benefits, there is unanimity that they support the project. Perceived Losses – They are aware that certain assets will be adversely affected by the road project. However, after explaining to the participants that these assets will be justly compensated, their concerns regarding affected assets have being addressed Some were asking guarantees that they will be paid They were assured that they will be paid before clearing of the road obstruction will begin. Issues and Concerns

a. Issues Relating to Resettlement



98

The concept of resettlement among many of the affected persons is new and foreign. Previously, they were used to the government of just removing the affected structures and occupy private land for road projects without just compensation. This perception was very apparent during the detailed survey and was also expressed in these meetings. Upon knowing the extend of the road right of way, some owners of mud walls, minor structures and trees demolished these structures and cut trees within the ROW. In the case of trees, the only condition was that they retain the cut trees as firewood for personal use or to be sold elsewhere. The prospect of having a paved road to facilitate the transport of their agricultural products to the market is a strong convincing argument for their cooperation for the road project.

b. Issues Relating to Compensation The remoteness and very rugged terrain of the project has contributed to the issue on lack of knowledge of fair market value for the price of the land and replacement cost on the affected structures. There is hardly a market for land sale and purchase in the rural areas and most affected households and/or the structure owners did not know the present market price. Some people, though, quoted prices as they thought were appropriate, ranging from AF 600,000 to AF250,000- for one “jerib” (2000 square meters) of agricultural and residential land.

c. Issues on Land Ownership Considering that land records were destroyed during the prolonged war in Afghanistan, verifying land ownership is emerging to be contentious. The resurvey by the Cadastral Office to determine government land from private ownership has not been completed. The census would have to rely on the testimony of village elders and neighbors of affected land to determine land ownership. In addition, the practice of inheriting the land from ascendants without the proper document sub-dividing the lands to the co-heirs has also contributed to the difficulty in determining real land ownership. This is exacerbated if the co-owned land by the heirs is still undivided and the affected part is still co-owned by the heirs.

d. Issues on Project Employment The affected villages specially the affected households are expecting that they will be hired even as laborers to work in the project. They have great expectation that the project will alleviate their hardships in travelling from their villages to Bamyan or even in Kabul. They see the project as an opportunity to partially create local employment by hiring some of them as workers in the project. There were representations from some village elders to the contractor regarding this issue and the contractor accommodated some villagers for temporary work.



99

Annex 3 – Information Booklet

IMPACTS COMPENSATION/REHABILITATION: INFORMATION BOOKLET Yakawlang – Bamyan Road

1. INTRODUCTION

1. The Asian Development Bank (ADB) is assisting the Islamic Republic of Afghanistan (IRA) for the North-South Road Corridor project to be financed under Loan 2257-AFG (SF) and Grant No.0054-AFG (SF). The Project is divided in three packages each entailing the reconstruction/rehabilitation of a road. To fit the ADB Policy on Involuntary Resettlement requirements the Ministry of Public Works (MPW) has prepared a Land Acquisition and Resettlement Plan (LARP) for each of the three roads under the Project detailing the impacts on private properties and incomes of the road, the provisions established to compensate these impacts and the modalities for the provision of compensation to the Affected Families (including compensation rates, special allowances and schedules.) Each LARPs will be disclosed and made available to the public at the local government offices and at the local offices of MPW in the areas affected by the relevant road. The LARPs will also be made available to the public at the MPW headquarters in Kabul (for this please contact the Project Implementation Unit).

2. In addition to the LARPs MPW has also prepared information booklets summarizing the main provisions of each LARP which will be sent to all parties negatively affected by the relevant road. This information Booklet summarizes the LARP for the Yakawlang-Bamyan Road. 2. DESCRIPTION OF THE YAKAWLANG-BAMYAN ROAD AND LARP PREPARATION STATUS

3. The LARP for the Yakawlang-Bamyan Road has been prepared based on detailed and final design and includes an impact survey of 100% of the project impacts, a 100% census of the affected families a socio-economic survey of 20% affected households, and the results of the public consultation program. The LARP also details compensation entitlements and rates/modalities for each affected item. Finally the LARP explains how compensation will be distributed the affected families, details how eventual complains will be handled and provides a schedule for the compensation program. The LARP content is summarized in the following sections. 3. PROJECT LOCATION, SCOPE OF LAND ACQUISITION/OTHER IMPACTS AND PROJECT

IMPLEMENTATION STATUS

4. The Yakawlang-Bamyan Project is located in Bamyan Province in Central Afghanistan. It starts from the outskirts of Yakawlang in front of the police checkpoint and ends approximately 2.4 kilometres from the roundabout crossing in Bamyan City. The total length of the subproject is approximately 86.7 km. The road affects in all 523 households with 3,707 persons.

5. Project implementation has already started in sections without resettlement impacts from km 10.180 to km 24.240 (14 km) and from 27.040 to km 60.040 (33km). For road sections with resettlement impacts, however, civil works may only start after all compensation activities have been carried out. This will be certified in a compliance report to be submitted by the external monitoring agency to MPW and ADB detailing whether compensation was provided in compliance to the LARP and indicating the dates when the compensation program was completed with the provision of the established entitlements to all Affected Parties (it is expected that the compensation program will last between November 2009 and February 2010). If the compliance report is found to be satisfactory by ADB, a No Objection Letter will be issued to initiate civil works for road sections with impacts. This is will be the only time that the contractor may start civil works for sections with resettlement impacts.

6. The impacts of the project are summarized in table 1 below.

Table 1 Summary of Impacts Land (A) Affected Area

Agricultural Irrigated 278,321*



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Non-irrigated 5,365 Orchard 31,480 Non-cultivated 69,812 Residential/Commercial 15,539 Public Land 4,744

Sub-Total 405,261 Structures (B) Affected Area (sqm)

Mud/brick/wood walls, mud/tin roof 3618 Tiled roof and normal cement floor 6,271 RCC, single/double storey building 40

Total 9,929 Crop(C) Affected Crop Area (sqm)

Animal Grass 57,308 Barley 5317 Bean 16,101 Onion 953 Potato 22,924 Wheat 100,768

Sub-Total 203,371 Tree (D) No of Trees

Wood tree (Cottonwood) 19,465 Productive Fruit Trees 315 Non-Productive Fruit Trees 461

Sub-Total 20,241 Business/Income Losses (E) Affected Households

Permanent business (shops) and other income losses 10 Temporary income losses 5

Special Allowance (F) Affected Household Severe Land Impact 146 Vulnerable Families Allowance 307 Relocation Allowance 11

* Not all plots have been planted 4. PRINCIPLES FOR COMPENSATING AND/OR REHABILITATING THE AH/AP

6. The Principles for the compensation/rehabilitation of the Affected Households (AH) and People (AP) are: i. The APs are those who stand to lose land, houses, structures, trees, crops, businesses, income and

other assets due to the implementation of the project. ii. AP losing assets, livelihood or other resources will be fully compensated and/ or assisted so that they

improve or at least restore their former economic and social conditions. Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual salvaged materials.

iii. Compensation will include immediate losses and temporary business-income losses iv. Lack of formal land title should not be the bar to compensation or rehabilitation. v. All possible attention will be paid to households headed by women and other vulnerable groups and

appropriate assistance provided to help them to improve their status and other compensation/ rehabilitation provisions will equally apply across gender line.

vi. All APs are equally eligible for cash compensation and rehabilitation assistance. vii. Compensation and resettlement must be satisfactorily completed before a No-Objection Certificate

can be provided by ADB for commencement of civil works. viii. APs will be systematically informed and consulted about the project, and the LARP will be disclosed

in Dari to the affected persons and communities. ix. AP customs and culture need to be considered as the basis for the resettlement policy and plan formulation.

5. COMPENSATION AND REHABILITATION ELIGIBILITY AND ENTITLEMENTS

7. The people/families eligible to compensation/rehabilitation for impacts caused by the road are all those residing in affected areas and holding the affected assets/incomes before the eligibility cut-off date for the project which is 3 July 2009 (the date of the end of the impact survey). This includes:

(v) All APs holding/using land under formal title, formal/customary deed, or traditional land right as vouched by local Jirga, elders or community Development Council.

(vi) All tenants and sharecroppers whether registered or not; (vii) All owners of affected buildings, crops, plants, or other objects attached to the land; and (viii) All APs losing business, income, and salaries.



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8. Table 2 below details the entitlements for each type of loss Table 2 Entitlement Matrix




- Cash compensation at replacement/ market value free of fees, taxes, or other transaction costs.. - Transitional allowance for livelihood losses at AF5,200 for 3 months







Residential commercial land affected.

Owner(s) of land. - Cash compensation at replacement/ market value free of fees, taxes, or transaction costs..



-Cash compensation at replacement/market value of structure free of depreciation, taxes/fees and salvaged materials. -Partly affected buildings (<20% impact) may be compensated only for damages if owner so wishes. -Relocated owners will receive a relocation allowance of AF5,000 for relocation/transport costs + a transitional allowance for livelihood losses at AF5,200 for 3 months. -Relocated renters will receive a relocation allowance of AF5,000 for three months + a transitional allowance for livelihood losses at AF5,200 for 3 months.



Business/Shop owners - Business Owner: i) Cash compensation equal to 6 months income if loss is permanent; ii) cash compensation for the business interruption period up to 3-months for temporary loss. Compensation to be calculated based on tax records or if these are unavailable based on a fixed rate (AF 6,000) - Worker/employees: indemnity for lost wages up to 3-months income

Loss of wages Land and structure in ROW

Employees in shops and agricultural workers











Unforeseen impacts Unforeseen impacts will be documented and mitigated based on the principles agreed in this resettlement plan 6. COMPENSATION RATES 8. Table 3 below details the compensation rates for land, buildings and crops/trees. Table 3 Land compensation rates

Asset Item Unit Average Rate Agricultural Land Irrigated m2 AF 250 Non-irrigated m2 AF 150 Orchard m2 AF 220 Non-cultivated m2 AF 170

Land

Res/Commercial Land m2 AF 270 Class 1 m2 AF 3,000 Class 2 m2 AF 6,000 Structure Class 3 m2 AF 12,000



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Crop (wheat, barley and potato m2 AF 5.00 or 10,000/jerib Fruit tree (fruit-bearing age) Tree AF3,000 Fruit tree (non-fruit bearing age) Tree AF 500 per year not to exceed 4 years Crops and Trees

Wood tree Tree AF 500 6. GRIEVANCE REDRESS

The APs will have the right to file complaints and/or queries on any aspects of land acquisition compensation, and resettlement. In order to ensure that grievances and complaints are addressed in a timely and satisfactory manner and that all possible avenues are available to APs to air their grievances, following mechanism for grievances will be set up.

Step-1: AP will be encouraged but not mandatory to share his/her grievances or complaints with the APC members. The APC in its meeting will discuss the issues and their solution. If the AP is not satisfied with the discussion and explanation of the APC, he/she has the right to forward the complaint(s) to the Project Implementation Unit (PIU). APC will be used as facilitation body towards resolution of grievances or complaints but it is not authorised to make any decision. It will help in exploring the options for solutions of these complaints. The APC may seek advice from the Project Director / Concerned officials of EA (MPW) or consultant and facilitate in resolving the issues.

Step-2: AP will submit his/her complaint or grievance signed by him/her to the Project Director in writing form explaining the nature of complaint, location, village name and his/her complete address. The APC may help the AP to submit his/her complain to the Project Director in writing with suggested options for resolution of the complaint.

Step-3: Within fifteen (15) days of receipt of complaint, the Project Director (PD) will invite the complainant to present and discuss his/her complaint. The PD may call the meeting, comprising of officials of MPW, consultants and representatives of APs from the area to facilitate the resolution of the complaint. Based on the meeting with the complainant, the Project Director will inform the complaint in writing through registered mail about the decision on his/her complaint within fifteen (15) days after the meeting with the complainant.

Step-4: If the complainant is not satisfied with the decision of the Project Director and willing to continue his/her complaint, he/she and willing to continue with his complaint, he/she can register/file his case in the court whose decision will be final.

All efforts will be made to settle the issues at the PIU level through community consultation, involvement of the consultants and local councils. If not, possible attempts will be made to resolve the issues at the PMO level to avoid the judiciary to minimize litigation as much as possible. All complaints and resolutions will be properly documented by the PIU through the consultants and be available for review and monitoring and evaluation purposes.



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Annex 4 Terms of Reference Implementing NGO/Consultant

Background

The Ministry of Public Works (MPW) of Afghanistan has prepared this final Land Acquisition and Resettlement Plan (LARP) for Package 3 (Yakawlang-Bamyan Section), one of the three sub-projects of the Rehabilitation and Reconstruction of the North-South Corridor Project, included in the ADB’s Loan 2257-AFG (SF) and Grant No.0054-AFG (SF). This final Resettlement Plan of Package 3 has been prepared based on the detailed and final design, alignment and ROW of the Rehabilitation and Reconstruction of the North-South Corridor Project, a census survey of 100% losses, socio-economic survey of 20% affected households, and on-going extensive consultations with the AHs/APs, in accordance with the ADB Policy on Involuntary Resettlement (1995) and Land Acquisition Act of Afghanistan. The Yakawlang-Bamyan Project is located in Bamyan Province in Central Afghanistan. It starts from the outskirts of Yakawlang in front of the police checkpoint and ends approximately 2.4 kilometres from the roundabout crossing in Bamyan City. The total length of the subproject is approximately 86.7 km. The project roads run through the remotest and least developed areas of the country. Rehabilitating and improving the north – south link will contribute to employment creation, income generation for the poor households, rehabilitation of internally and/or internationally displaced persons and ex-combatants, thus reducing the incidence of poverty in the project area. MPW has formulated a Resettlement Plan and the Detailed Project Report consultants engaged by Design Build Contractor for preparing the RP conducted baseline socio-economic surveys and a census of the affected persons (APs). To assist in the implementation of the RP, MPW now invites the services of eligible NGOs to implement the land acquisition and resettlement activities for the project. Requirement for a Local implementing Consultant

Resettlement is quite new in Afghanistan and only a few people are aware of its principles and concepts. After the protracted war spanning more than 20 years, the records and documents regarding land ownership, the institutional capabilities of ministries of government and the awareness of affected households and persons among others, need to be augmented to address the resettlement demands of various foreign funded projects. Based on ADB Policy, complete resettlement is a pre-condition to initiate civil works for road legs with resettlement impacts. The laws of Afghanistan are also very clear that compensation should be provided for affected households and persons before actual civil works may commence. Being the first road project in Afghanistan that is required to undergo a full resettlement plan based on ADB Policy on Involuntary Resettlement, MPW/PMU would need assistance in implementing the LARP and addressing the resettlement issues until MPW would have increased its institutional resettlement capability. By agreement of MPW and ADB, the implementation will require an NGO that will act as the implementing consultant (IC) in the implementation of the land acquisition and resettlement plan (LARP) that will be implemented by the Project Management Unit (PMU) of the Ministry of Public Works. Objectives of the Assignment

The NGOs shall be responsible for the following, according to the Land Acquisition and Resettlement Plan:

• Educating the APs on their rights to entitlements and obligations. • To ensure that the APs are given the full entitlements due to them, according to the



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entitlements in the LARP. • To provide support and information to APs for income restoration. • Assist the APs in relocation and rehabilitation, including counselling, and coordination with

local authorities. • Assist the APs in redressing their grievances (through the grievance redress committees

set up by the project) • Impart information to all the APs about the functional aspects of the PMU, PIU and GRC

set up by the project, and assist them in benefiting from such institutional mechanisms. • To assist the PMU, PIU, supervising engineers, contractor with social responsibilities of the

Project, such as compliance with labour laws, prohibition of child labour, and gender issues • To collect data and submit progress reports on a monthly and quarterly basis for MPW to

monitor the progress of RP implementation. Scope of Work

The responsibility of implementing the LARP is exclusively with the MPW/PMU. The implementing consultant will assist and facilitate MPW/PMU in the actual resettlement implementation considering that its strong asset is its experience in interrelating with communities and has experience and knowledge with the dynamics of affected communities. Consultations with formal and informal village leaders to try to facilitate the resolutions of disputes relating to resettlement would be more effective through the intervention of the implementing consultant whose prior qualification is that of a non-government organization. Activities that will be undertaken by the implementing consultant (IC) for which the TOR is given below, which is subject to the concurrence of ADB.

1. Operational Function–To carry out all the planned activities outlined in the RP/s. Finalization of compensation payment, relocation and resettlement schedule as outlined in the resettlement plan for the road sections in consultation with Project Director and the SDO and resettlement specialist from the supervision consultant. Assist in verification of APs (Listed earlier during census survey) by categories (following the Entitlement Matrix) and issue ID cards accordingly. Assist the AHs/APs in claims for just compensation including the collection of timely and complete payments. Assist vulnerable groups (female-headed households, widow, elderly women, landless and destitute / disable bodied others) in their physical and economic rehabilitation as per the entitlement matrix in LARPs.

2. Administrative Function -- Provide sufficient field personnel (ratio of one personnel to 50 AHs) who have background and/or experience in community organizing and office staff dedicated to this project. Work under close coordination with the PMU/PIU, local government units and MPW local staff to implement the LARP.

3. Information Education and Communication (IEC) Function – Prepare information campaigning materials (Brochures in Dari, Leaflets, Posters, Banners etc.), and conduct information campaign regarding compensation categories, resettlement policies, AP entitlements. Generate awareness about livelihood restoration activities and assist the AHs/APs to make informed choices including participating in government development programs. Conduct consultation meetings regularly with APs on resettlement matters and provide all necessary information related to their entitlements, necessary legal documentation, and procedures of payments, and estimated payment schedules, finalize entitlement packages for individual APs as per the entitlement matrix and also assist them in receiving payments.

4. Training Function -- Identify training needs of AHs/APs for income generation activities and ensure that these are properly funded. Organize and conduct training and seminars for income generating activities for AHs/APs.

5. Arbitration Function -- Provide counselling and awareness generation and facilitate resolutions of LARP related grievances and assist in seeking redress to unresolved



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grievances from land acquisition and resettlement disputes with the Grievance Redress Committee.

6. Reportorial Function -- Monitor all land acquisition and resettlement related activities and prepare monthly progress reports highlighting implementation progress, issues/constraints that require decisions by MPW/PMU and other agencies involved. The NGO will prepare a computerized database of all APs, their entitlements and payments and update it as required.

7. Conduct and/or undertake any other activities that may be required in the successful implementation of the LARP.

Qualifications The implementing consultant (NGO) must be a non-profit organization; be legally registered (at least 5 years) as an NGO in Afghanistan; have operated for at least 3 years; have a minimum of five paid staff; be committed to the principles of gender equality in terms of its own staffing; have a management or advisory board; maintain a proper accounting and financial system; have a long-term presence and credibility in districts relevant for the project area; have work with government focal agencies; and must be willing to undergo training in resettlement work for project implementation. Duration and Budget

The pre-implementation, implementation and post implementation of LARP activities are estimated to last for one year. Hereinafter, the engagement of the IC may be extended depending on the actual field requirements, whose terms will be mutually agreed upon by both parties. The IC will submit a schedule of activities with the corresponding budget for approval of MPW with the concurrence of ADB.



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Annex 5 Terms of Reference (TOR) External Monitoring Service Provider Background

The Ministry of Public Works (MPW) of Afghanistan has prepared this final Land Acquisition and Resettlement Plan (LARP) for Package 3 (Yakawlang-Bamyan Section), one of the three sub-projects of the Rehabilitation and Reconstruction of the North-South Corridor Project, included in the ADB’s Loan 2257-AFG (SF) and Grant No.0054-AFG (SF). This final Resettlement Plan of Package 3 has been prepared based on the detailed and final design, alignment and ROW of the Rehabilitation and Reconstruction of the North-South Corridor Project, a census survey of 100% losses, socio-economic survey of 20% affected households, and on-going extensive consultations with the AHs/APs, in accordance with the ADB Policy on Involuntary Resettlement (1995) and Land Acquisition Act of Afghanistan. The Yakawlang-Bamyan Project is located in Bamyan Province in Central Afghanistan. It starts from the outskirts of Yakawlang in front of the police checkpoint and ends approximately 2.4 kilometres from the roundabout crossing in Bamyan City. The total length of the subproject is approximately 86.7 km. This full resettlement plan has been prepared for Package 3 of the Project with primary objective to provide a necessary details for compensation, resettlement and rehabilitation by identifying i) the extent of losses; ii) the policy and framework for compensation payments and relocation; (iii) institutional framework for participation and implementation; and (iii) responsibilities for monitoring the implementation measures. Requirement for External Monitoring

By agreement between the MPW, an external monitoring agency (EMA) with the necessary experience and resources will be engaged to provide independent monitoring of the LARP. The EMA will conduct observation visits, questionnaire surveys and consultations with project affected people and communities to determine the effectiveness of compensation and related assistance, and of measures to replace or relocate services and amenities which contribute to their welfare and livelihoods. For this purpose the EMA will monitor and utilize the baseline socio-economic survey and related census and detailed measurement survey carried out for purposes of the project, and which will have established the existing land and property rights and incomes of project affected people as the basis of compensation and resettlement planning. The EMA will consult as necessary with the MPW and IC and will be guided by them to ensure that the means and approach, which it adopts, are fully adequate for purposes of monitoring the LARP. Monitoring, as envisaged in these terms of reference will be of two kinds: the first will be that of random visits to observe and record the effectiveness of measures undertaken to meet the objectives set out in the LARP to minimize the adverse impact of the programme on the people and communities affected by this road project. The second will be a sample survey of the knowledge, attitude, response and experience (KARE) of project affected households in regard to resettlement procedures and benefits. This KARE survey will be conducted at two stages during the period of the contract: a benchmark questionnaire survey, based on a subsample drawn from the 20% socio-economic survey population, and a follow-up survey using the same panel sample. One of the purposes of the KARE survey is to establish a long-term basis for the monitoring and ongoing evaluation of the varying awareness, responses to, actions and experience of project affected people, based on the same panel sample of households, in respect not only of the impact of resettlement but also of benefits and developmental opportunities which the Project, related infrastructure development and choices in the resettlement programme may bring about over time.



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It will permit the monitoring and evaluation of follow up actions which MPW or others may take to achieve the benefits or to alleviate adverse effects of the roads programme and of resettlement. The contract established with the EMA will be for ____ months intermittent duration, inputs of time of staff being phased to permit both random visits and observation and the two rounds of visits to households included in a Knowledge, Attitude, Response and Experience (KARE) survey. The latter is tentatively planned as a questionnaire benchmark survey conducted with household heads and their spouses of their knowledge, attitude, response and experience of project actions, effects and benefits and a follow-up survey six months later. Random visits and observation of resettlement implementation, compensation payments, consultations and grievance settlement procedures will go on continuously, according to a planned timetable to be established by the EMA in agreement with the PIU, MPW. Specific Purpose of External Monitoring

The specific overall purpose of the external monitoring contract is for the EMA to provide independent monitoring of the implementation of the RP and of its impact. In particular, the EMA is required to examine and report rigorously on the effectiveness or otherwise of measures taken, including physical works and compensation, to ensure that the means of production, structures, livelihoods and welfare of project affected people is restored through these measures, for each affected individual, household and community, to at least the level which they enjoyed prior to the impact of the highway improvement works; that their knowledge of planned resettlement actions, grievance procedures and compensation, their participation in the consultation process, in decision making and in the improvement and replacement of structures and services is consistent with the planned objectives of the resettlement programme; and that they are assisted to take part in and benefit by development opportunities arising from resettlement and from the Project. Activities that will be undertaken by the external monitoring and evaluation consultants for which a TOR is given below, which is subject to the concurrence of ADB. 1. Review of internal monitoring procedures and reporting to ascertain whether these are being

undertaken in compliance with the LARP, 2. Review internal monitoring records as a basis for identifying any areas of non-compliance, any

recurrent problems or potentially disadvantaged groups or households, 3. Review grievance records for evidence of significant non-compliance or recurrent poor

performance in resettlement implementation, 4. Discussions with the relevant Government Departments and others involved in acquisition,

compensation disbursement or livelihood restoration to review progress and identify critical issues,

5. Survey affected households and enterprises to gauge the extent to which Project affected people’s standard of living and livelihood have been restored or enhanced as a result of the Project,

6. Ascertain the status of the Project in relation to the objectives laid out in the LARP, 7. Ascertain the methods and approach developed to collect the Project related information, 8. Details of the methodology, census surveys data, sampling frames, arrangements made to

collect and analyze that data, evaluate the quality control systems, recording and reporting systems adopted during the Project implementation and periodic reporting,

9. Evaluate the level of interaction and participation of the stakeholders and specially the affected persons or their organization in the monitoring and evaluation process,

10. Workout the resource requirements and type of expertise and the level of input and output of such expertise involved in the resettlement process,

11. Develop, advise and specify on the timeframe fixed for conduction of monitoring and evaluation, also prepare schedule of activities for monitoring and evaluation process,



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12. Prepare a summary compliance report for EA on resettlement progress, any issues arising and any necessary corrective actions.

Methodology: Knowledge, Attitude, Response and Experience (KARE) Survey

To establish a benchmark KARE database, the EMA will select households for interview from a random sub-sample drawn from the socioeconomic survey population, designed according to criteria set out by the PIU, MPW and the ADB Resettlement Consultant, with three purposes: • to determine the knowledge, attitude, responses and experience of (or impact on) household

members in regard to resettlement and the highway improvement and widening, on household income and expenditure, employment; production systems, commerce and other means of livelihood, health and welfare of household members;

• to identify the knowledge about and attitudes towards measures, including consultation and grievance procedures, taken or proposed in respect of resettlement and compensation of project affected households, individuals and communities; and

• to establish a panel sample and provide the benchmark data, which will permit a second and future surveys to study the farming income, well being, knowledge, attitudes, response and experience of the project affected population over time.

The size and structure of the sub-sample will be designed to achieve statistical validity for the whole population (tentatively suggested to be the whole sample size of the socio-economic survey). It will be drawn by random selection from the already completed list of APs. The analysis of the database and KARE survey will permit: a) the participation of the EMA in project evaluation, providing Evaluation Reports on the

implementation of the LARP twice during the six months to the ADB and to the PMU, MPW and

b) the planning and monitoring of resettlement, and future actions which may be taken, in accordance with ADB Guidelines, as a developmental operation and not just as one which alleviates adverse effects and maintains the status quo ante of the population.

It will permit the question to asked, how and to what extent the concerned communities and households will be assisted to participate in and benefit from the social, environmental and economic development, and in the avoidance of adverse effects, which the highway improvement and resettlement may bring about. For this purpose the sub-sample will be structured to represent the distribution by size, composition and economic base of households, including vulnerable households, found in the total population in the impact area of the Project. The sub-sample KARE survey will establish the panel sample of households, which will be monitored during and after the Land Acquisition and Resettlement Plan implementation. That is to say, the same selection of households will be maintained for study and consultation in follow-up visits and survey, both in the project monitoring exercise and in future development planning and operations. Monitoring by Visits and Observation

Visits and observation conducted by the EMA for purposes of monitoring the resettlement will include random field visits during the implementation period to locations where any relocation of land, assets and economic activity are taking place, to ascertain that: a. the affected people are adequately informed of project objectives, impacts, compensation

policy and entitlements through an effective public information campaign; b. the compensation and other allowances due to the project affected people are paid in full and

the payment activities are carried out in public and in a transparent manner; the compensation



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has been duly paid prior to the start up of construction works on the project; c. the relocation and rebuilding of structures of vulnerable groups and other assistance to support

the replacement of their means of livelihood and welfare are carried out by PMU in cooperation with the concerned APCs/APs;

d. replacement of means of livelihood of all project affected people, including restoration or replacement of employment, self-employment, production, service or commercial activities are undertaken in a manner which is effective and with sustainable benefits;

e. relocation and replacement of communal facilities, including wells, ponds, drainage or other communal structures included in the Land Acquisition and Resettlement Plan are undertaken in a timely and sustainable manner in accordance with the wishes of the community concerned;

f. project affected people's own actions and initiatives to benefit from resettlement and from economic or social development opportunities arising from the Project are known to and assisted by the MPW and other concerned agencies;

g. the grievance procedures are adequately explained to the affected people, written grievances are submitted to an agreed format (where need be with the assistance of the EMA, by procedures which will be reviewed) and grievances, if any, are duly resolved.

Monitoring and Evaluation Indicators

The verifiable indicators set out below are chosen, subject to any amendment or proposals of the EMA, as being readily monitorable, emerging in a systematic way in the planned surveys and observation which are instruments in the monitoring methodology, and indicating in specific ways the effectiveness and impact of project activities and investments. Wherever possible, to assist in the analysis of changes taking place, they provide quantitative data, and thus permit quantitative analysis. a. All project affected people are aware prior to compensation and benefits system and have a

clear understanding of their entitlements; b. Project affected people and their communities and leaders are aware of and participate in the

overall planning and development of the project and of related activities; c. Full compensation has been paid to or the equivalent in land and other assets provided to all

project affected people; d. Grievances and complaints are effectively registered and dealt with, are progressively reduced

to an acceptable minimum, and are dealt with in all cases through informal agreement or are settled transparently and fairly at adjudication panels for dispute settlement within 30 days of being lodged;

e. Livelihoods, incomes and the well being of all project affected people, including vulnerable groups are maintained or replaced to their satisfaction and they are not disadvantaged by land acquisition or relocation;

f. Transparency of compensation disbursement is adhered at payments centers; APCs are in place in all villages prior to relocation and are able to act as focus groups for purposes of MPW consultation with and information to project affected people.

g. Community structures and services, including wells, drainage and sanitation structures, water pumps, spaces for transport and public use, safety elements of road front and pedestrian and children's play areas, meeting and market places and structures, are replaced by direct action of government or MPW to at least the standard of the existing facilities, and are completed on schedule;

h. Potential benefits from the highway improvement and development are known to all project affected people, and they have the opportunity to contribute to and achieve these benefits by inclusion and active participation in activities, planning and investment linked to the roads restoration and related development; the health and nutritional status of vulnerable groups, including children, women and elderly people is not adversely affected by the impact of the resettlement program.



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Outputs

The following are the expected outputs of the monitoring contract: a) The EMA provides a monitoring team, including a team leader, capable of working

independently under contract to conduct the surveys called for and to monitor performance, impact and effectiveness of the LARP;

b) A monitoring system and methodology is established for use both in the Project and in future related and similar resettlement projects;

c) The team and concerned officials are trained in the monitoring systems and capable of applying and replicating it in future projects;

d) A structured sub-sample is established permitting the development of benchmark and monitoring data regarding the knowledge, attitude to, response and experience of project affected people;

e) Verifiable performance and impact indicators are established for the monitoring system and the team and concerned officials trained in their use and analysis;

f) A data processing system is established and utilized in data tabulation and analysis for benchmark reporting and database development and for the conduct of and reports on monitoring;

g) Reports including the required tabulated data are provided in a timely manner, one within one month of the completion of the benchmark survey and the further reports within one month of follow-up surveys and evaluation studies;

h) A system of random observation permits qualitative reporting on performance and effectiveness in the resettlement, compensation, livelihood restoration, and relocation program, on the participation of community leaders and municipal authorities in these program, and on the establishment and working of grievance and complaints resolution;

i) Inception and progress reports permit management information to be developed j) and to operate in support of the coordination and management of the resettlement

implementation plan, its supervision and evaluation by the MPW and ADB; k) A Final Report provides analysis of the performance, impact and effectiveness of the

Resettlement Plan, related compensation and benefits, and the application of these developments and related methodologies to future projects, including social and economic development program linked to resettlement, and to flood control improvement and construction.



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Annex 6 Statement of Official Approval of Land Compensation Rates



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