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RESETTLEMENT PLANNING DOCUMENT
Land Acquisition and Resettlement Plan Document Stage: Draft Project Number: 45432 July 2012
TAJ: CAREC Corridor 6 (Ayni-Uzbekistan Border Road) Improvement Project
Prepared by the Ministry of Transport, Republic of Tajikistan
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.
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MI4HIICTEPCTBO TPAHCTIOPTAPECITYEJIUKH TA,IDKI4KI'ICTAH
MINISTRY OF TRANSPORTOF THE REPUBLIC OF TAJIKISTANI 2f-20-03 734042. r !yuan6e, yt Afrau,l4'ten (3'72\21-17-13. 2l-20-0-l
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To Mr. Hong WangDirector, Transport and Communications Division
Central and West Asia DePartmentADB
Subject: Ayni-Penjikent-Uzbekistan Border Road Reconstruction and Rehabilitation Project
- Land Acquisit ion and Resettlement Plan
Dear Mr. Hong Wang,
Thank you for your continuous assistance in the development of transportRepublic of Tajikistan, and for the support on beginning of implementationnamed project in the shortest terms.For your consideration and approval pleese find attached, approved LandResettlement Plan for the given project.
infrastructure of theof the above-
Acquisit ion and
Sincerely,
Hakiof Transport
Cc: Mr. Zheng Wu, Trarrsport Special ist , ADB
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ABBREVIATIONS
AB Affected Business
AC Asphaltic Concrete
ADB Asian Development Bank
APs Affected Persons
CSS Country Safeguard System
DLARC District Land Acquisition and Resettlement Commission
DI Design Institute
DH Displaced Household
DP Displaced Person
EA Executing Agency
FGD Focus Group Discussions
GAP Gender Action Plan
Ha Hectares
HH Households
Km Kilometer
LAR Land Acquisition and Resettlement
LC Land Code
MOT Ministry of Transport
PIU Project Implementation Unit
PSA Poverty & Socio-Economic Assessment
RP Resettlement Plan
SPS Safeguard Policy Statement
TA Technical Assistance
USD United States Dollar
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CURRENCY EQUIVALENTS
(as of June 2012) Currency Unit – TJS (Tajikistan Somoni)
TJS1.00 = $0.000 $1.00 = TJS4.75
NOTE
In this report,
i. "$" refers to United States dollars (USD)
ii. TJS refers to Tajikistan Somoni In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
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GLOSSARY OF TERMS
Affected Persons
Term used to describe all people that are affected by the project impacts. In the context of a RP it refers to those that are economically or physically displaced by the project. It is increasingly being replaced by the term ―Displaced Person‖ following ADB Safeguard Policy 2009 – but is still in common use in the field.
Compensation Payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value.
Cut-off-date 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 is the date of the detailed measurement survey.
Displaced Persons
Sometimes referred to as Affected Persons (APs). In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.
Economic Displacement
Loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.
Encroachers 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 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.
Hukumat District administration
Inventory of losses
The pre-appraisal inventory of assets as a preliminary record of affected or lost assets.
Jamoat The Sub-district administration
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Land acquisition 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.
Meaningful Consultation
A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.
Non-titled 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 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.
Poor Official government statistics for share of people living under poverty line is not available. The method used to determine poverty, based on the World Bank's under $41 per person per month measure. This figure was calculated with respect to climate conditions and other set of factors. The local equivalent was calculated based on the official exchange rate.
Physical Displacement
Relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.
Replacement cost
The method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged.
Significant impact
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).
Vulnerable Any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) Elders households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less).
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CONTENTS
Page
I. EXECUTIVE SUMMARY 1
A. Project Scope 2 B. Summary of Impacts 3
II. PROJECT DESCRIPTION 4
A. Background 4 B. Alternatives Considered 5
III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 7
A. Overall 7 B. Temporary Structures – Business 8 C. Temporary Loss of Income 8 D. Scope of Land Acquisition and Resettlement 8
IV. SOCIOECONOMIC INFORMATION AND PROFILE 10
A. Poverty and Socio-Economic Background 10 B. Project Census 11 C. Gender and Ethnic Minority Issues 14
V. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 14
A. Project Stakeholders 14 B. Information and Consultation Mechanisms 15 C. RP Preparation 16 D. Summary of Project Consultations 16 E. Further Information Disclosure 16
VI. GRIEVANCE REDRESS MECHANISMS 17
A. General Principles 17 B. Steps for Grievance Redress 18
VII. LEGAL FRAMEWORK 22
A. Relevant Provisions for Involuntary Resettlement in Tajikistan 22 B. Policy and Legal Framework for Land Acquisition and Resettlement 22 C. Tajikistan Constitution, Law/Regulation on Land Acquisition, Resettlement and
Compensation 23 D. ADB’s Policy on Involuntary Resettlement 24 E. Comparison of Republic of Tajikistan and ADB IR Policy, Regulations and
Procedures 28
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F. Actions Made to Address the Gaps 30 G. Principles and Policies for the Project 30
VIII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 31
A. Eligibility to Compensation 31 B. Compensation Entitlement 31 C. Calculation of Compensation 34 D. The Valuation Process 37 E. Entitlements Matrix 38
IX. RELOCATION OF HOUSING AND SETTLEMENTS 40
X. INCOME RESTORATION AND REHABILITATION 43
A. Special Assistance 43 B. Opportunities to Derive Development Benefits 44 C. Other Costs 44
XI. RESETTLEMENT BUDGET AND FINANCING PLAN 46
A. Responsibilities 46 B. Budget Summary 46
XII. INSTITUTIONAL ARRANGEMENTS 47
A. Ministry of Transport of the Republic of Tajikistan (MOT) 47 B. Committee for Land Management and Geodesy (CLMG) 48 C. MBTI under the State Unitary Enterprise Housing and Communal Services 48 D. The Local Executive State Power in Districts (Hukumats) 49 E. Design Institute (DI) 50 F. Project Supervision Consultants (PSC) 50 G. Other Government Organizations 51
XIII. IMPLEMENTATION SCHEDULE 53
A. Pre- RP Finalization and Resettlement Activities 53 B. Implementation Phase 54 C. Post Resettlement Implementation Phase 54 D. Additional/Unanticipated LAR Impacts during Implementation 54
XIV. MONITORING AND REPORTING 56 MAP: Project Location 5
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TABLES
Table 1: LAR Cost Summary (TJS) 2 Table 2: Quantity of Impacts 3 Table 3: Summary of Impacts 3 Table 4: Public Facilities Cost 7 Table 5: Proposed locations of camps, quarries and crushers from state reserve fund 8 Table 6: Summary of temporary impact on businesses near to the project road 9 Table 7: Summary of Permanent Impact 9 Table 8: Monthly income of the Affected Persons below the poverty line 11 Table 9: Socio-Economic Data - Affected Households 13 Table 10: District/ Hukumat Land Acquisition and Resettlement Committee (LARC) 20 Table 11: Jamoat Grievance Redress Committee (GRC) 20 Table 12: Summary of Grievance Procedure 21 Table 13: Comparison of ADB Resettlement Safeguards with Tajikistan Land Code 28 Table 14: Compensation Entitlements Matrix 33 Table 15: Land Required 35 Table 16: Land Preparation Costs 35 Table 17: Business and Worker Compensation (TJS) 36 Table 18: Compensation for Structures 36 Table 19: Entitlements Matrix 38 Table 20: Land for Land Compensation (AH number and plots comparison) 40 Table 21: Plot Preparation Cost 43 Table 22: Compensation for Displaced Persons and Vulnerable Groups 44 Table 23 : Other Costs (TJS) 45 Table 24: LAR Entitlement Summary (TJS) 46
FIGURES Figure 1: Schematic Presentation of the Grievances Redress Mechanism 19 Figure 2.1: AP Replacement Land Plot Location Map 41 Figure 2.2: AP Replacement Land Plot Location Map – Novdonak Village 42 Figure 3: Institutional Arrangements 52 Figure 4: Implementation Schedule 55 APPENDIXES Appendix 1: Statement of the APs 58 Appendix 2: Summary of Consultations 61 Appendix 3: Public Information Brochure 69 Appendix 4: Local Communities’ Comments Matrix 73 Appendix 5: Grievance Registration Form 74 Appendix 6: Third Party Insurance 77 Appendix 7: Published Notice 81 Appendix 8: Structure Valuation Details 82 Appendix 9: Replacement Lot Details 85
I. EXECUTIVE SUMMARY
1. This Resettlement Plan (RP) has been developed by the Ministry of Transport (MOT) of Republic Tajikistan. It follows the format, and includes the required information, as specified in the ADB Safeguard Policy Statement, 2009. It is based on initial surveys carried out in March 2012.
2. Although the data provided by this RP is adequate, final review and confirmation of impacts after detailed engineering design is finished will be required. This is to ensure that impact data is updated based on the final design and a guarantee that the DP’s are fully compensated or rehabilitated before their land is taken, basic project implementation conditions related to this RP have been established:
(i) Before commencement of the construction work, the contractor must update/finalize the RP following the final detail design and obtain the approval from ADB for implementation.
(ii) No civil works activity is allowed in the areas where the LAR impacts are identified until the RP is satisfactory implemented and completed, and notice to proceed is given by the MOT with endorsement from ADB. The RP for this road works was prepared on the basis of the alignment established as part of the preliminary design.
(iii) Any further detail design (including for feeder roads, bus stops, etc.) involving additional land acquisition or resettlement (for both permanent and temporal) requires additional social surveys, measurements, cost assessment and approval of the amended RP by both the government of Tajikistan and ADB. Accordingly, the Contractor’s time and schedule provides for such a contingency.
3. The main objective of this RP is to provide an effective guideline to the Ministry of Transport of the Republic of Tajikistan, the Project Implementation Unit, the supervision consultants and the design build contractor to implement land acquisition and compensation delivery along with sound planning principles; the requirements of the prevailing legal norms of the Republic of Tajikistan; ADB Safeguard Policy Statement (2009) and, in compliance with the guidelines of the ADB.
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Table 1: LAR Cost Summary (TJS)
TJS US$
Acquired land registrationa 70,000.00 14,735.00
Land Preparationb 11,535.00 2,428.42
Reconstruction of Public facilitiesc 24,673.00 5,194.32
Compensation
Business Loss 18,650.00 3,926.32
Wage for Workers 705.00 148.42
Structures 487,059.00 102,538.74
Loss of land use rights 1,187.50 250.00
Support for Vulnerable Households
Livelihood Allowance 8,880.00 1,869.47
Relocation Allowance 9,360.00 1,970.52
Other Costs
Resettlement Consultant PIUd 57,000.00 12,000.00
Sub- Total 687,862.00 144,813.05
Contingency (20%) 137,572.40 28,962.61
TOTAL 826,621.90 174,026.00
a Land registration for the acquired land by MOT
b Land preparation cost will be covered by Social Infrastructure Development program of the district mayor’s office.
c Public facilities cost will be covered under a construction contract.
d Costs will be covered by the Supervision consultant package of the project which’s been already identified.
A. Project Scope
4. The project aims (i) to rehabilitate and reconstruct about 113 km of the road between Ayni-Panjakent and the border with Uzbekistan; (ii) add an additional asphalt concrete layer to the 89 km Sayron-Karamik section of the CAREC Corridor 3; (iii) improving road safety; and (iv) improvement of border infrastructure and community development. The project is part of the government’s 2012–2014 Public Investment Program1, and its poverty-reduction dimension is fully embedded in the country’s National Development Strategy up to 2015. The project also fits with ADB’s Strategy 2020 in two core operational areas (infrastructure and regional cooperation and integration), and is included in the Country Operations Business Plan for Tajikistan (2012–2014). This RP will focus on the first activity of the project.
1 Republic of Tajikistan. The State Programme Investments, Grants and Capital Construction for Period 2012-2014.
Government Degree No.578 issued on 3 December 2011.
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B. Summary of Impacts
5. Tables 2 and 3 shows a summary of the key assets that will be permanent and temporary acquired and numbers of displaced persons.
Table 2: Quantity of Impacts
No Type of Impact Quantity
1 Private Structures 6
2 Public Facilities:
Cemetery walls 1
Mosque front yard 1
3 Business 11
4 Wages 4
5 Vulnerable household 6
Table 3: Summary of Impacts
Land (Ha)
Structures Lost
Business - Workers
Displaced Persons
№ KM ID# Total Lost % № m2 № Physically Economic
M F M F
1 9 1 0.03 0.02 67 4 408.4 - 2 2 - -
2 9 2 0.03 0.01 47 2 660.5 - 3 3 - -
3 9 3 0.03 0.01 47 2 812 - 3 4 - -
4 9 4 - - - 1 24.7 - - - - -
5 24 5 - - - 1 37 - - - - -
6 83 6 - - - 1 29.8 - 4 5
7 83 7 - - - 1 29.8 - 2 4
8 83 8 0.06 0.001 1.6 1 3.2 - 3 2
9 83 9 - - - - - - - - 2 3
10 83 10 - - - - - - - - 4 3
11 9 9 - - - - - 1 - 1 - - 2 4
12 9 10 - - - - - 1 - 1 - - 4 2
13 9 11 - - - - - 1 - 2 - - 3 2
14 9 12 - - - - - 1 - 1 - - 4 7
15 9 13 - - - - - 1 - - 6 3
16 9 14 - - - - - 1 - - 4 4
17 9 15 - - - - - 1 - - 3 2
18 9 16 - - - - - 1 - - 1 1
Totals 8 - 5 8 9 42 42
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II. PROJECT DESCRIPTION
6. This section provides a general description of the project, its components and the alternatives considered to avoid or minimize resettlement. A. Background
7. Tajikistan has extremely high transport and logistics costs2 due to its geographic isolation and more than 90% of the territory being mountainous. Its railway network is fragmented; roads as the dominant mode of transport are deteriorating rapidly attributable to inadequate maintenance, traffic overloading, and harsh terrain and climate. The high transport costs make Tajikistan uncompetitive in neighboring countries’ markets. The proposed project3 will contribute to reducing the country’s transport costs by rehabilitating and reconstructing the Zarafshan Valley’s road outlet, and improving traffic safety and technical standards for the Sayron–Karamik section of the Central Asia Regional Economic Cooperation (CAREC) Corridor 3. This project will increase connectivity and service level of the regional road network, which are vital for inclusive economic growth and social development in Tajikistan. 8. The Zarafshan Valley4 is an isolated and remote region with one of the highest migration rates in Central Asia. The area is prone to natural disaster and climate induced extreme events. Access to the Valley is often restricted during winter due to poor road conditions, avalanches, and mudflows. Consequently, over 343,000 people living in the region have limited access to markets, educational and medical services, and the region's capacity to develop diverse industries including mining and tourism is constrained. The project road, part of the historical Silk Road, comprises a 40-km category IV section and a 73-km category III section5 and runs in the east-west direction, west ends at the border with Uzbekistan6 and east crossing Panjakent and Ayni districts before connecting with the country’s main north-south transport artery.7 Being built during the Soviet era, the project road has been devastated by the civil war and had not been restored for more than 40 years. Growth of cargo traffic, coupled with damages caused by natural disasters and lack of adequate maintenance, has led to a rapid deterioration of road conditions and structural deficiencies of bridges. Improvements to this road will bring impoverished communities better accessibility to markets and social services, stimulate the development of constrained tourism and mining industries, ultimately improving living standards long due for this region.
2 The domestic freight rate between Dushanbe and Khujand, for example, exceeds that between Moldova and the
United States, according to a World Bank Report published in 2011. 3 The Asian Development Bank (ADB) provided project preparatory technical assistance (PPTA).
4 It is located in the north of Tajikistan, comprising districts of Penjakent, Ayni and Kuhistoni Mastchoh and
belonging to the Sughd oblast. Despite being one of the country's main touristic attractions featuring ancient history and rich in natural resources, the Valley remains one of the poorest regions with per capita gross domestic product at 60% of the national average in 2010.
5 Category III road requires a design speed of 80 km/hour in plain terrain (50 km/hour in mountain terrain), and a
carriageway of two 3.5-meters lanes. Category IV road requires a design speed of 60 km/hour (30 km/hour in mountain terrain), and a carriageway of two 3.0-meters lanes.
6 The cross border point with the Republic of Uzbekistan was closed in late 2010. Reopening for cross-border trade
has been agreed between the two governments and planned for March 2012. 7 Through the country’s main north-south transport artery, the project road goes northeast to Khudjand—the oblast
center, and onward to Uzbekistan; south to Dushanbe and onward to Afghanistan, with east–west direction to Uzbekistan and the Kyrgyz Republic through the CAREC Corridor 3 that runs in parallel.
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9. At the request of the government,8 the project aims (i) to rehabilitate and reconstruct about 113 km of the road between Ayni-Panjakent and the border with Uzbekistan; (ii) add an additional asphalt concrete layer to the 89 km Sayron-Karamik section of the CAREC Corridor 3; (iii) improving road safety; and (iv) improving border infrastructure and community development. The project is part of the government’s 2012–2014 Public Investment Program9, and its poverty-reduction dimension is fully embedded in the country’s National Development Strategy up to 2015. The project fits with ADB’s Strategy 2020 in two core operational areas (infrastructure and regional cooperation and integration), and is included in the Country Operations Business Plan for Tajikistan (2012–2014). This RP will focus on the first activity of the project. . Map 1 outlines the location of the Project within the overall CAREC Corridor 3.
Map 1: Project Location
B. Alternatives Considered
10. The DI has designed the road improvement within the constraints of several criteria.
11. Road Standards - Following to the Resolution № 214 issued by the Government of the Republic of Tajikistan (May 6, 2006) and the SNIP 2.05.02-85, starting from Ayni roundabout (Km 0) to Km 47, the Project Road will be rehabilitated to category IV standard and the remaining 66 km to Uzbekistan Border as category III. The geometric parameter (road bed and
8 Besides the government letter sent on 5 August 2011, the President of Tajikistan wrote to ADB on 6 October 2011
requesting ADB assistance for financing the road between Ayni-Penjakent and the border with Uzbekistan. 9 Republic of Tajikistan. The State Programme Investments, Grants and Capital Construction for Period 2012-2014.
Government Degree No.578 issued on 3 December 2011.
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drains included) for Category IV road varies between 9.5 (minimum) to 12 meters and for Category III road is between 11 (minimum) to 16 meters.
12. Other Key Infrastructure – The proposed road design tries to avoid all significant public and social infrastructures (schools, mosques, police stations, government buildings, telecoms, water, electricity poles, gas pipeline, etc.) where possible. Where this has been impossible to avoid, the required plans is in-place for all assets to be restored to before-project status during construction.
13. Existing Businesses and Households – Where possible, businesses, households and other structures have been avoided in the preliminary designs provided by the DI. This follows existing Tajikistan Law that requires the minimization of all impacts. Given the significant criteria that the DI has to consider already – pavement, sidewalks, corner radius, road ditch, retaining walls, etc – some impacts on private and public assets have been unavoidable. These will be the subject of this Land acquisition and Resettlement Plan (RP).
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III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
14. This section discusses the projects potential impacts, the scope of land acquisition and summarizes the key effects in terms of assets acquired and displaced persons. These impacts were identified based on the preliminary design of the project activity and to be confirmed and finalized following the final detail engineering design during project implementation. A. Overall
15. The rehabilitation of the existing road and bridges will result in a number of impacts on existing private and public assets. The widening of the carriageway in curves, and at junctions with access roads is designed within the existing right of way. Nonetheless, impacts have been minimized. 16. The census of impacts was undertaken over the period 8th-18th March, 2012 – with the project cut-off date of 20th April 2012 as announced in the local newspaper. Impacts were assessed based on preliminary drawings provided by the Design Institute. Road corridor widths were indicated on the supplied drawings and confirmed by the MOT and the appraisal consultants from the technical meeting on 10th April. In total there are four (4) households affected by the permanent land and structure impacts although only three of them need to be relocated. Four (4) private and two (2) communal entities will be affected by the permanent impacts on their structures and eight (8) businesses will experience temporary impacts during construction. 17. Following the initial drawing from the DI, apart from the private lands and structures that are to be acquired, below are communal facilities and other type of impacts considered:
(i) Mosque front yard – Part of the village mosque front yard’s retaining wall will be affected as well. This is not the main internal yard of the mosque and implies only some 25m3 of concrete surface, which is included into the compensation tallies.
(ii) Public cemetery retaining wall – Retaining wall of the old village cemetery will be affected due to improvement of the road design in Veshkand village (Km24) of Ayni district. The impact makes up 37m3 of concrete wall.
18. The below table reflects details related to the condition and estimated cost for re-installation of these facilities.
Table 4: Public Facilities Cost
№ Type of facility Quantity Current condition Estimated cost for reinstallation (TJS)
1 Mosque 1 Old construction 8424
2 Public cemetery 1 Old construction 16249
Total 24673
USD 5140
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B. Temporary Structures – Business
19. Three temporary butchers’ sheds were identified within the proposed alignment (Km 83). They were relocated at their own request to the alternative plot in the same market place before construction (with no business interruption). The butchers asked the local government to relocate them prior the project implementation in order to settle the business in a new market place and maintain the clientele. The three butchers waived their entitlement on the relocation allowance since local government helped them with relocation and they did not incur any cost or income loss as a result of this relocation. These APs (the butchers) had prepared statements indicating that replacement place provided is located in the same market place and that no income or other losses were incurred on them (Appendix 1).
C. Temporary Loss of Income
20. At least 8 shops might experience a temporary loss of income due to business interruption during civil works activities. These businesses are located in the Dar-Dar village market, where the shops are located very close to the road. D. Scope of Land Acquisition and Resettlement
21. The Project will generally follow the existing right-of-way. Hence, land acquisition is relatively minimal. However, a total of 0,058 Ha of private and public land needs to be acquired permanently for the reconstruction of the bridge (Km 9) in Dar-Dar village. There are three (3) residential houses and five (5) various structures (i.e. barns, storage rooms, etc.) will be demolished. During construction, additional land may be used temporarily for camps and borrow pits, however the Design Institute indicates that the borrow pits will be located in the river bed and the camps will be located in areas with no involuntary land acquisition and resettlement impacts. Summary of the sites is presented in the table below.
Table 5: Proposed locations of camps, quarries and crushers
from state reserve fund
№ District Village Km
1 Ayni Veshkand 24
2 Ayni Urmetan 45
3 Panjakent Kishtudak 47
4 Panjakent Marghedar 65
5 Panjakent Maykada 75
6 Panjakent Sujina 83
7 Panjakent Tegirmon 106
22. As noted earlier, there might be a temporary closure of some business activities during constructions. About 8 small businesses might experience temporary stoppage that their income might be affected at maximum 15 days when the contractor has to scrape the asphalt and partially close the road. These businesses are located in the Dar-Dar market area where the shops are located very close to the road. The estimated temporary impact on businesses, indicating their location and ID numbers are as follows:
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Table 6: Summary of temporary impact on businesses near to the project road
# KM ID AP name Type of business
Business status
(registered/ unregistered)
Number of
associated workers
Seasonal Permanent
1 9 9 Uzbekov Muqassam Construction materials
Registered - 1
2 9 10 Isrofilov Mukhtor Variety store Registered - 1
3 9 11 Kholiqulov Buston Variety store Registered - 2
4 9 12 Usamatov Khushnud Variety store Registered 1 -
5 9 13 Bekmirzoev Bekmirzo Dealer center Registered - -
6 9 14 Muhombekov Jahonmuhammad
Variety store Registered - -
7 9 15 Abdurahmonov Yahyo Food stuff, industrial goods
Registered - -
8 9 16 Oripov Rahimjon Chemistry Registered - -
23. The displaced entities, indicating their location and id/survey number is summarized in the table below:
Table 7: Summary of Permanent Impact
# KM ID AP name Type of Assets Scope of impact
1 9 1 Turahasanov Dilpisand Residential house All will be demolished
2 9 2 Turahasanov Turahasan Residential house All will be demolished
3 9 3 Turahasanov Jumaniyoz Residential house All will be demolished
4 9 4 Malikov Bakhtiyor (mosque) Mosque front yard Partially demolished
5 24 5 Nurov Sh (cementery) Cemetery wall All will be demolished
6 83 6 Rahmanov Ahadqul River bank reinforcement All will be demolished
7 83 7 Narzulloev Shams River bank reinforcement All will be demolished
8 83 8 Sanginov Karomiddin Boundary wall of private house
Partially demolished
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IV. SOCIOECONOMIC INFORMATION AND PROFILE
24. This section outlines the general social economic background of the project areas and the result of household survey conducted during the DP census. A. Poverty and Socio-Economic Background
25. The Project is located in Sughd Province (Oblast). Sughd province region is located in Zarafshan Valley the west of the western part of Tajikistan. About 270,199 of the population lives in the countryside and 59,820 live in cities. The total inhabitants of 330,019 on the 11,500km2 area are divided into 22 jamoats. There are three districts located in the Zarafshan valley. They are Ayni, Panjakent and Kuhistoni Mastchoh districts. 26. The project road is contained within Panjakent and Ayni Districts, of Sughd Province. The road is used for mining and other economic activities across the region. The region has significant gold and mining reserves. Few villages located along this road, and mainly comprise of residential houses, rest stop cafés/shops, public/ government facilities, local markets, etc. The local residents also use the road to go to their agricultural/ pasture lands, market, hospital and other service facilities in Panjakent and Ayni towns. 27. As of 1 January 2012, the population of Panjakent and Ayni districts was 33,0912, with 6% residing in Panjakent and Ayni towns. There are 14 Jamoats, 141 villages and 1 town in Panjakent with 17% of town population living in Panjakent town and 83% in villages. 50% of the population is women. There is negative local growth, which is due to a high rate of out-going migration. There are 8 Jamoats for 63 villages in Ayni with 3% living in Ayni town and 97% in villages. 28. Education – There is adequate schooling in Ayni and Panjakent towns, however this does not extend to the project area due to its remoteness. There are 4 colleges or academic lyceums, as well as any branches of Higher Education Institutions in Ayni and Panjakent towns. Survey respondents indicated that the education situation contributes significantly to the out-migration. 29. Healthcare – Panjakent and Ayni towns has 127 hospitals with above 1,300 beds. There are also Health Centers in major jamoats and Health houses in every village serving adults and children. There is 1 private Health Center ―Shafqat-Avicenna‖ functioning in Panjakent city. There are few private pharmacies in the town and villages. In case of serious diseases, people attend the central regional hospital or specialized hospitals in Ayni district and Panjakent city centers. Survey respondents indicated that the proposed road upgrade will assist in improved and rapid connection for people in the remote areas of Ayni-Panjakent road to access the health and educational facilities of Panjakent and Ayni. 30. Utilities – None of the DP’s had access to gas and telephone (wired). There was no centralized water supply, instead households relied on wells and water carting and coals for heating and woods for cooking purpose.
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B. Project Census
31. The project census was undertaken over the period March, 2012. It comprised a standard household questionnaire and an impact questionnaire. Respondents were sometimes refused to provide answers due to the nature of their business tenure. In other cases, owners were absent and non-contactable, with workers unwilling to provide information. However, in general, respondents were positive when measuring their property and assessing impact on their assets. Formal and informal meetings with local community, especially in Dar-Dar village where repeatedly purpose and objectives of the project and the survey were explained to the population, eventually allowed for smooth conducting of the survey activities. Household questionnaires were filled out by directly questioning the heads of the affected households. 32. Population – The total households affected by the project are 16 with 52 females and 49 males. There are 4 permanent workers and 1 temporary/seasonal worker associated with the temporarily affected shops and the workers are living in the same Dar-Dar village. 33. Education – All respondent reported their family members to have either completed secondary school, or were still at school. 13 persons had gone on to college, and only 7 persons have higher education (6 men and 1 woman attended university). 17 respondents still attend secondary school including 10 boys and 7 girls. Considering the overall declining dropout rate in the schools among girls in the country, the trend is considered as logical. 20 children from the affected households are pre-school age but do not attend pre-school facilities in view of lacking of the latter in the rural areas. 34. Employment – Across all surveyed DPs, 100% of adults were employed and none considered themselves to be unemployed. 1 (one) of the Affected Households reported income emanating from family members working away from home or abroad. 3 (three) pensioners were reported among the affected households. No disabled household members are reported among the Affected Households during the survey activities. 35. Affected people were unwilling to provide financial information for the survey. However, from what they responded, average income made-up 3223 TJS per month which in general makes them above the poverty line and which came up to this level considering income level of temporarily affected businesses. 6 Affected Households reported an average income of 750TJS per month, equating to an average of 3.45 TJS per person per day – which made them below the poverty line of the country.
Table 8: Monthly income of the Affected Persons below the poverty line
ID№ AP Name Total number of HH members Total Income TJS/month
1 Turahasanov Dilpisand 4 400
2 Turahasanov Turahasan 6 800
3 Turahasanov Jumaniyoz 7 700
6 Rahmonov Ahadqul 9 1000
7 Narzulloev Shams 6 500
8 Sanginov Karomiddin 5 600
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36. Household Income – The average monthly household income was 750 TJS, equating to an average of 3.45 TJS per person per day. This figure is below the $41 (195TJS) poverty line established by the World Bank and other development organizations in Tajikistan as the minimum amount required per person per month to purchase basic food necessities.
37. Household Assets – All the Affected Households have a set of essential assets that in majority were bought during the soviet time. Other assets like TV sets, DVD players, radios etc. were new, but of average to low quality bought from the local markets. Thus, all the AHs have refrigerators, TV sets and DVD players. Considering this is traditional rural area all the households had traditional down quilts and kurpacha (long narrow down strips for sitting purposes) in their households. Two households had simplistic sofas, tables, chairs and wardrobes. None of the APs had car, motorcycle, tractor or trailers.
38. All the affected households had small animals, which they breed in their homestead plots. In total 16 AHs has 27 sheep, 5 goats, 5 cows and 3 bull, 26 chickens. Small and large animals are used also as liquid assets when needed as well as slaughtered for both marketing and household consumption purposes. Large animals belong to 3 APs that have butcheries. The survey data is consistent with poverty status of the HHs as well, since large animals are associated with better-off economic conditions in view of their expensiveness.
39. Poverty – The assessment is based on the survey data and the findings of the living standards survey conducted by the World Bank in 200910 which gives the poverty data for the country (46.7%) as well as project region (57%). 40. The average size of the surveyed households is 7 persons. Based on the poverty thresholds published by the World Bank for 2009 ($41/month11), 6 Affected Households are identified as poor. This is comparable with the poverty data for the region indicating higher poverty level in rural areas compared to urban area (see Table 8).
41. Table 9 summarizes the census socio-economic data.
10
http://www.stat.tj/img/bc1a015ab6c8bf64a313bbf6d1bdce48_1290675859.pdf. 11
According the National Bank of Tajikistan rate 1USD=TJS 4.75
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Table 9: Socio-Economic Data - Affected Households HH
members Fema l e
Head
Education Occupation
Total Income
TJS /month
ID№
AP Name M
F
T O T A L
Secondary
College
University
Pre-school
School
Higher-education
Employed Pensioner
Disabled
Yes No
1 Turahasanov
Dilpisand 2 2 No 4 0 1 1 2 0 0 Yes - No No 400
2 Turahasanov Turahasan
3 3 No 6 0 1 2 1 1 1 Yes - No No 800
3 Turahasanov Jumaniyoz
3 4 No 7 2 1 0 2 2 0 Yes - No No 700
4 Malikov Bakhtiyor
(mosque) - - - - - - - - - - - - - - -
5 Nurov Sh. (cemetery)
- - - - - - - - - - - - - - -
6 Rahmonov
Ahadqul 4 5 No 9 2 0 2 1 2 2 Yes - No No 1000
7 Narzulloev Shams 2 4 No 6 2 0 0 2 2 0 Yes - No No 500
8 Sanginov
Karomiddin 3 2 No 5 4 1 0 0 0 0 Yes - No No 600
9 Solijon Yuldoshev 2 3 No 5 1 1 0 2 0 1 Yes - Yes No 1000
10 Ghiyos Isrofilov 4 3 No 7 4 1 0 2 0 0 Yes - Yes No 1500
11 Uzbekov
Muqassam 2 4 No 6 1 0 1 1 3 0 Yes - No No 3000
12 Isrofilov Mukhtor 4 2 No 6 0 1 1 1 3 0 Yes - No No 4500
13 Kholiqulov Buston 2 3 No 5 0 1 0 1 2 1 Yes - No No 10000
14 Usamatov Khushnud
4 7 No 11 4 2 2 1 0 2 Yes - No No 6000
15 Bekmirzoev Bekmirzo
6 3 No 9 2 2 1 2 2 0 Yes - No No 1200
16 Muhombekov
Jahonmuhammad 4 4 No 8 6 0 1 1 0 0 Yes - No No 2100
17 Abdurahmonov
Yahyo 3 2 No 5 3 1 0 1 0 0 Yes - No No 1500
18 Oripov Rahimjon 1 1 No 2 1 0 1 0 0 0 Yes - Yes No 9000
Total 49 52 No 101 32 13 12 20 17 7 Yes 0 0 0
* Denotes vulnerable household
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C. Gender and Ethnic Minority Issues
42. No female-headed households will be adversely impacted by the project activities. Women indicated that the road improvements will be favorable, with improved access to medical facilities, market place and business services in Panjakent and Ayni districts. Specific gender related activities are prepared and the Gender Activity Plan is included in the Project Administration Manual (PAM). 43. There are no indigenous persons (as defined by the ADB Safeguard policy 2009) inhabiting the project area. Some ethnic minorities such as Uzbeks and Russians do not consider themselves significantly separate from the general population to warrant the trigger of the IP safeguards.
V. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION
44. This section outlines the consultation and participation processes that have already been undertaken to prepare the RP and those that are required during its update and implementation. 45. The Project has promoted meaningful public and stakeholders’ participation in consultations and focus groups. It began early in the project cycle and has been continued throughout the RP preparation. Plans are in place for it to continue through the RP finalization and implementation. The process has provided timely disclosure of relevant information to stakeholders through a project brochure, with FGD’s and face to face meetings to ensure it is fully understood. Meetings have been undertaken at all levels, so that power differentials do not create feelings of coercion and intimidation. Particular attention has been paid to the poorer DP’s in the process so that they are more comfortable with the process and feel included. 46. The key objectives of the consultations were to: (a) identify and help address DP concerns related to the preparation and implementation of the RP; (b) determine DP preferences for the type and delivery of compensation; (c) minimise DP apprehensions and ensure transparency in RP activities; and, (d) help avoid unnecessary and costly project development delays. A. Project Stakeholders
47. The project consists of a number of stakeholders, all of whom will have some involvement in the RP process and mitigation of impacts. These were identified early in the RP process and targeted through a series of consultations. They include:
Displaced Persons, businesses and institutions.
Local officials from District and Province /Oblast and include cadastral, road, environment, economic and rural committee members.
Land and Resettlement Committee members (LARC).
Women’s Groups at district and jamoat level.
Transport representatives – taxi, bus and truck drivers, owners and companies.
Representatives from education and medical centers who will benefit from the improved road.
Local Non-governmental organizations/civil society organizations.
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48. Women and Vulnerable Groups - have been fully included in the consultation and implementation process. They have had representation at meetings at Province, District and jamoat level; women had separate meetings during FGD’s and the census process; and their numerous concerns and ideas have been reflected in the RP recommendations and the updated GAP. B. Information and Consultation Mechanisms
49. A number of mechanisms are being used to undertake information dissemination and meaningful public consultation. These include: 50. Public Consultations – These are the formal public information campaigns undertaken in the Hukumat. They include environmental, social and resettlement presentations. The meeting is widely advertised in the media. Attendance is normally Government agencies, informed/identified AP’s, village elders, civil society’s representatives and concerned citizens. The attendance list and minutes of the meeting for all consultations is contained in Appendix 2. Additional public consultations may be conducted during the project implementation phase especially when additional LAR impacts are identified and after the finalization detail design is completed. 51. Project Census – The project census was also used as an information exchange with AP’s. A more detailed outline of the project was provided to AP’s at the beginning of each survey in the form of a verbal Q&A with the interviewer. 52. Public Information Brochure – Public Information Brochure was developed outlining details of the project, its location, potential impacts, entitlements and compensation for AP’s, the grievance redress mechanism and contact persons for any queries on project activities. It was distributed to every affected household/business and available in the Jamoat office for other interested parties. It will be updated as the project progresses, incorporating new questions and more details on the implementation process. The Public Information brochure is contained in Appendix 3. 53. In-Depth Interviews – are a follow-up from the official public consultations and are targeted at specific groups of stakeholders who may not have attended. They also target stakeholders who may not be aware that they are and should be involved in the project, and who would otherwise not be involved in the formal consultation or census process. For this project they include trucking/transport association representatives, women’s groups, education and medical institutions, and Jamoat Resource Centers (JRCs). The interviews mainly assessed these groups’ views on the potential project impacts (positive and negative), mitigation measures and suggestions for improvement. 54. Focus Group Discussions – are a follow-up from the AP census, and focused directly at the AP’s – in particular the less powerful and poorer AP’s who may not have the resources to attend the official public consultations due to distance, time and cost. The FGD format includes a detailed presentation of the RP process, separate discussions with women (using a female interviewer), confirmation of census figures and entitlements, and a detailed Q&A session. The sessions are normally conducted in the local community (to reduce distance) and where possible, without outside influence (from Jamoat, rural committee members or nearby farmer) so as to reduce any feelings of intimidation or coercion.
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C. RP Preparation
55. The formal project public consultation meeting for the Project was conducted in 3 jamoats March through May 2012 and included environmental, social and LAR presentations. (See Appendix 2) 56. The In-depth interviews for the Project were undertaken in the Dar Dar village on the March 6 – 21 2012. This also served as an additional Project consultation. Above 64 people attended including representatives of the Hukumat and its departments, jamoat heads and Heads of Jamoat Resource Centers. (See Appendix 2)
57. Detailed discussions were held with business owners during the census. Additionally, a number of employees were briefed on the project in the process of owner identification. Their comments have been included in the overall project comments outlined in Appendix 4. 58. The relocated households and shop owners in Dar-Dar village were interviewed prior to the final consultation meeting. . Although the assets for most shop owners will not be affected the project will have some impact on their operations. Their concerns included:
The road should be built considering safety standards especially in the urban/populated areas
Footpaths should be considered during the design and construction of the project road
59. These all concerns will be elaborated in the detailed design and will be clearly indicated in a contract between Contractor and MOT. D. Summary of Project Consultations
60. The key issues raised during the extensive consultation process can be summarized as:
Road construction in the populated areas should be intensified
Compensation for community facilities should be paid to the Imam-khatib (religious leader) of the villages where the impact occurred
Compensation should be paid at the market price and sufficient timing should be given, so as to enable APs to reconstruct their housing
Land use certificates for alternative/replacement plots to APs should be issued in advance
There should be functional GRM so that all the issues arising during the project implementation can be solved as early and with as less cost as possible.
E. Further Information Disclosure
61. The Project Information Booklet and summary draft RP (translated into Tajik and Uzbek) will be distributed in July 2012 to each DP to provide additional information on the implementation arrangement, payment schedule, and assistance provided to specific groups and complaints resolution options.
62. The draft RP (translated into Tajik) will be distributed to each relevant Jamoat for display and reference by all AP’s. An index sheets outlining each DP, maps, assets and entitlements
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will also be on available for review. All DP’s have been informed of this, and understand that they will be able to provide comments or grievances through the normal channels.
63. The draft RP (translated to Tajik and English) will be disclosed on the MOT PMU and ADB website.
64. In conjunction with the detailed engineering design, and following final detail design, it will be necessary for the PIU Safeguards Team to review and finalize the draft RP. They will need to undertake a final visit to the field to ascertain final alignments and corridor widths, and confirm the provisions as detailed in the draft RP – including asset impacts, entitlements and grievances. Details of the updated and final RP on final impacts, implementation timeline, procedures and activities; entitlement matrix; and, grievance procedures will be provided at that time to each DP with assistance from the local Jamoat.
65. The MOT Safeguard Team will closely monitor the safeguard compliance during the project implementation and report their periodic observation to ADB.
66. Women and Vulnerable DP’s - During RP finalization and implementation, the PIU will assign the resettlement specialist staff/consultant to:
Inform in advance the DPs, including women-headed households and vulnerable groups, to begin moving at least 180 days prior to demolition of their structures;
Ensure that all resettlement payments are made prior to the announcement
That all resettlement procedures have been undertaken prior to construction commencing;
Persuade housewives to be with their husband when receiving payment for compensation and assistance from the Hukumat;
Involve women of affected households and vulnerable groups in the locality in addressing the unanticipated social and environmental impacts during Project implementation.
VI. GRIEVANCE REDRESS MECHANISMS
67. This section describes mechanisms to receive and facilitate the resolution of affected persons’ concerns and grievances. A. General Principles
68. ADB requires that a grievance redress mechanism (GRM) is established and maintained. It should be designed to efficiently receive and facilitate the resolution of affected peoples’ concerns and grievances about project levels social and environmental issues. The grievance redress mechanism should be scaled to the risks and impacts of the project. It should address affected people's concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to all segments of the affected people.
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69. The information of grievance redress process has been widely disseminated to all AP’s during project consultations and FGD’s. The project GRM will be in effect from the commencement of project implementation activities until the completion of the civil works.
70. Copies of the GRM process and the complaint forms will be available at the Jamoat offices, PIU representative offices and the District LAR Committee. B. Steps for Grievance Redress
1. Grievance Mechanism During the Resettlement Phase 71. Complaints and grievances received during the resettlement phase will addressed through the following steps and actions:
Step 1: Complaints will be lodged at the Jamoat level, where all the relevant representatives (land and environmental specialists, Deputy jamoat chairperson, responsible for gender policy, Jamoat Resource Center representatives), representatives of the affected households and MOT representative, will attempt to resolve the issue. A standard grievance registration form was prepared and given for comments and perusal to Hukumats and Jamoats officials (Appendix 5). Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee, and the receipt of the complaint given to the affected person. The period for resolution of complaints is 14 calendar days the latest. Step 2: If the complaint cannot be addressed at Jamoat level, Affected Person can apply to the district level LAR Committee for solution with assistace from GRC as needed. The LARC should invite MOT/PIU representative once they registered the complaint. Similar to jamoat level complaint will be applied to register and file all the complaints from the APs. The period for resolution of a complaint is 16 calendar days. Step 3: If no solution is reached within 16 days, the affected person can submit her/his case to the appropriate court of law, with all costs paid for by the project.
72. In the event when the established GRM is not in a position to resolve the issue, Affected Person also can directly contact ADB Tajikistan Resident Mission (TJRM). Contacts of local ADB TJRM persons-in-charge of LAR have been circulated among the communities during the consultation meetings. 73. A grievance redress mechanism is presented in following figure.
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Figure 1: Schematic Presentation of the Grievances Redress Mechanism
2. Formation of Jamoat Grievances Redress Committee (GRC) and Hukumat Land Acquisition Resettlement Committee (LARC)
74. Grievance Redress Committee (GRC) will be established at the relevant Jamoat level in each relevant district to resolve complaints and grievances informally through community participation. Land Acquisition and Resettlement Committee (LARC) will be established at the relevant district level. The Jamoat GRC will consist of representatives of the MOT, the local hukumat, APs, women APs (if any), and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The majority of members will make the GRC decisions. To increase the transparency of grievance and redressed process any complaint received by the GRC will be publicly notified in the jamoat information board for its status and solutions. If the complainants are not satisfied with the GRC decisions, they appeal their cases to the next level of the GRM system (LAR Committee at District level) and to court. 75. Jamoat GRC and Hukumat LARC will be established by an office order of the Ministry of Transport (MOT) and the decree of the district/Hukumat Chairperson. The following tables are the composition of members which will constitute each Land Acquisition and Resettlement Committee and the Jamoat Grievances Redress Committee:
Affected Persons
Jamoat Grievance Redress Committee (GRC) Process Stop
District/ Hukumat LAR Committee (LARC)
Process Stop Court
14 days for GRC to respond and resolve
Redressed
Not Redressed
Redressed Not Redressed
16 days for LARC to
respond and resolve
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Table 10: District/ Hukumat Land Acquisition and Resettlement Committee (LARC)
1 Head of Committee, Deputy Chairman of the District Government Authority
Convener
2 Chief District Architect Member
3 Head of Municipality (inter-district) bureau of technical inventory Member
4 Head of the Women and Family Welfare Department of district Member
5 Representative from the PIU Member Secretary
6 Representative from the district Office of the Cadastre and Land Registration, Land Management and Geodesy Agency
Member
7 Representative of APs Member
8 Representative from the Jamoats within the District Member
9 Representative of the Independent Labor Union within district Member
10 Representative local NGOs (different for Ayni and Panjakent) Member
Table 11: Jamoat Grievance Redress Committee (GRC)
1 Land and/or environmental specialists of District LARC Chair
2 Deputy Jamoat chairperson, responsible for gender policy Member Secretary
3 Jamoat Resource Center representatives Member
4 Sanitary and epidemiologic service representative Member
5 MOTC Representative Member
6 Representative of APs Member
3. Grievance Mechanism During the Construction Period
76. All persons living along the Project road, regardless of whether affected by land acquisition and resettlement, may experience some adverse impact during the construction period such as damages or losses to property, caused by direct physical impact of the contractor’s equipment, vibration, contractor’s or employer’s design, or by other activities related to the construction of the road. Under the terms of the civil works contract, the Contractor has the obligation to provide a third party insurance in the joint name of MOT, as the Employer, and the Contractor. According to the terms of the civil works contract, in case of damages, an affected person (the Claimant) may follow the claim procedure:
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Address his/her claim(s) for damages to the Contractor, or to the Employer, or to both of them.
The Claimant may chose to write first a Notice of Claim, immediately after the event, which caused the damage, and then to write a full claim, providing particulars of the damages and details of the compensation claimed. Alternatively, the Claimant may submit only a claim. In either case, it is advisable to submit the complete claim not later than 7 days after the damaging event. While the Notice of Claim is an option, the submission of a detailed claim is a must.
Once the Employer or the Contractor receives the claim, they have an obligation to notify the Insurer, which should then send its representatives to verify the Claimant’s allegations, investigate the causes and assess the damages.
After that, the Insurer decides whether the claim is justified, and if so, whether to pay a part or the entire claim.
The Insurer will reject the entire claim if it is not justified. Furthermore, the Insurer may refuse to pay damages, or to pay only a part of a justified claim. This could happen for many different reasons: if the insured parties did not notify the Insurer of the claim/notice of claim within the period specified in the insurance policy; or the Contractor or the Employer were grossly negligent, or the particular damage or a particular action is excluded from the insurance, etc. In such a case, the Contractor or the Employer may still accept liability for a part or the entire amount of the claimed damages and pay the difference to the Claimant.
However, if after the Insurer does not pay a part or the entire claim, and one or both parties also refuse to pay a part or the entire claim, and the Claimant believes that his or her claim is justified, the Claimant may take legal action against either or both parties. It is essential to note that the Claimant does not have any claim against the Insurer, but only against one or both parties.
77. If the Insurer refuses to pay the entire or a part of the amount claimed, the Claimant may still be entitled to the full amount of the claimed damages from the Contractor or the Employer. (see Appendix 6, Third Party Insurance) If the Contractor or the Employer refuses to pay a part or the entire amount of damages to which the Claimant believes to be entitled, the Claimant may sue the Contractor, or the Employer, or both.
78. Table 12 outlines a summary of the grievance resolution process.
Table 12: Summary of Grievance Procedure
Stages in Response Handling
Required Activities
Jamoat Head or Hukumat representative and MOT representative
(Jamoat GRC)
Jamoat GRC responds to questions and/or complaints. If no response within 14 days, or response is unsatisfactory, AP prepares a grievance in writing (utilise standard forms where possible).
District/Hukumat LAR committee
Registers the written complaint and attempts to solve it. If complaint is not resolved in 16 days (or 30 days since the complaint logged in the Jamoat GRC) or unsatisfactory, the affected people can go to court for resolution.
District Court of Law The District court hears the case and makes a final decision, which is binding on all parties.
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VII. LEGAL FRAMEWORK
79. This section describes National and Local Laws and the gaps with ADB Policy. A. Relevant Provisions for Involuntary Resettlement in Tajikistan
80. The legal framework for the Project is based on the Legislation of Republic of Tajikistan, the ADB Safeguards Policy Statement of 2009 and Operations Manual F1 on Safeguards (2010). In the legislation of Tajikistan, there is no special law or policy which regulates the issues of resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs. Moreover, there is no separate law that completely provides norms and mechanisms for the determination of a full, fair, market value of land. The key legislative acts regulating land management relations and the ownership rights to immovable properties in Republic of Tajikistan are the following:
Constitution of Republic of Tajikistan (1994, as amended in 2003)12
Land Code (as amended in 2008)13
Civil Code (as amended in 2007)14
Housing Code
Regulation ―about compensation of losses to the land users and losses of agricultural products‖ (approved by the Decree of Government of Republic of Tajikistan, 2000. № 515)15
81. The Constitution of the Republic of Tajikistan, the Land Code of the Republic of Tajikistan, the Civil Code of the Republic of Tajikistan and the Housing Code of the Republic of Tajikistan are the fundamental laws on which the legislation is based. The applicable Laws, regulations and policies are briefly summarized below. Based on the analysis of the applicable laws and policies and ADB’s Safeguards requirement, Project related LAR principles have been adopted. B. Policy and Legal Framework for Land Acquisition and Resettlement
82. The policy and framework for the Project is based on the ADB requirements on Resettlement as embedded in the Safeguards Policy Statement (2009) and on the ADB Operations Manual F1 on the Safeguard Policy Statement (2010), the Constitution of the Republic of Tajikistan, and the Land Code of the Republic of Tajikistan. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later.
12
Constitution, November 6, 1994, as amended on 22 June 2003. 13
Land Code, as amended by N 498 from December 12, 1997., N 746 from May 14_ 1999, N 15 from May 12 2001, N 23 from February 28 , 2004. From 28.07.2006 №199, from 5.01.2008 №357, from 18.06.2008 №405.
14 Civil Code, as amended by August 6, 2001, N 41: May 3 2002 №5, March 1 2005, N 85; April 29, 2006 №180,
May 12, 2007.№247). 15
Approved by the Decree of Government of Republic of Tajikistan, December 30, 2000. №515.
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C. Tajikistan Constitution, Law/Regulation on Land Acquisition, Resettlement and Compensation
83. The Constitution of the Republic of Tajikistan is the main legal document guaranteeing citizen’s rights. Article 13 states “land, bowels of the earth, water, airspace, animal and vegetable kingdoms, and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people.” Further, Article 12 states:
“the economy of Tajikistan is based on various forms of ownership. The state will guarantee freedom of economic activity, entrepreneurship, equality of rights, and the protection of all forms of ownership, including private ownership.”
84. The legal basis for state acquisition of private property for public works is outlined in Article 32 which states “…the property of an individual is taken away only on the basis of the law, with the consent of the owner and to meet the requirements of the state and society, and with the state paying full compensation.” 85. Compensation for land withdrawal and other impacts due to public interest projects are also regulated by other legislative acts such as the Land Code RT (LC), the Civil Code RT (CC) and various normative-legal acts which govern land withdrawal, land allotment and impacts compensation to the citizens. The withdrawal/ allotment of lands and resettlement is based on the following principles:
(i) Land users have a right to be reimbursed for losses due to withdrawal of right of land use for state and public needs (Article 41,43 LC).
(ii) At termination of the rights of property then property will be assessed on the basis of its market value (Article 265, CC).
(iii) Land user or user of other registered rights associated with land should be noticed in
writing about land withdrawal by local land management authority not later than one year before coming land withdrawal procedure (Article 40, LC).
(iv) If according to International agreements which are recognized by the Republic of
Tajikistan other rules are established than those which are specified in the Land Code of the Republic of Tajikistan, so the rules of international agreements will be accepted (Article 105, LC).
86. The LC, 1997 is the core legal document related to land acquisition. It has been updated a few times and most recently in 2008. Article 2 of LC states that there is no “private ownership of land, “land is an exclusive ownership of the State… [but]... guarantees its effective use in the interests of its citizens”. However, Articles 10-14, the LC outlines land title as being of long-term, short-term, and inherited land use entitlement. Household plots are given to the citizens for life-long inheritable use. 87. Article 24 of LC describes the allocation of land for non-agricultural purposes, and provides that when choosing a suitable location for such land uses, land not suitable for agricultural should be favored. The same principle is stressed by Article 29 LC, which discourages the use of high-yielding agricultural land for non-agricultural use. However, Article
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29 also allows for allocation, and sequestering of agricultural land for “other very important State objects”. 88. Article 31 of LC provides that land acquisition for non-agricultural public purposes is subject to the award of compensation: “terms of allocating land plots to new land users for non-agricultural needs must envisage compensation of all losses related to confiscation of land plots from former land users, as well as compensation of losses in agricultural production.” Article 19 of LC states the rights of land users, including clauses allowing a land use rights holder the “waiving voluntarily land plot” or “indemnifying for [compensating] for losses” as mentioned in Article 41 of LC. This article sets out the following basis for compensation:
“Fully reimbursed shall be losses, including loss of profit, caused by:
sequestration of land for non-agricultural purposes;
restriction of land users' rights;
deterioration of land quality as the result of activities of other land users.” 89. In case of this Project, this could be interpreted as compensation for permanent loss of land use and complying with (ii) above. 90. Calculation of the compensation due for land acquisition is contained in Articles 43 and 44, which states: “actual prices of equipment and materials as well as prices of assets and other works existing either at the moment of confiscation of a land plot and drafting of the report shall be applied. When calculating losses of agricultural production and forestry, the standard costs for bringing into cultivation virgin lands and improve them so that they reach the maximum level of production obtained on the sequestrated lands shall be applied. Disputes about the amount of compensation for damages caused and losses of agricultural production and forestry shall be settled in court.” 91. The guarantee of land users’ rights is further emphasized in Article 48 which states that: “confiscation of land plots from natural persons for state and public needs can be made after:
having been assigned of another equivalent land plot;
having been constructed on a new place of housing, industrial and other structures equivalent in their purpose instead of plots sequestrated, in the established order by enterprises, institutions and organizations for which the land plot was assigned;
having paid full compensation for all other losses, including profit loss. (Article 41 & 42 of LC)”
D. ADB’s Policy on Involuntary Resettlement
92. The ADB policy on involuntary resettlement is detailed as ―Safeguard Requirement 2‖ in the ADB Safeguard Policy Statement (SPS) of June 2009. It emphasizes ADB’s efforts to assist DMCs to pursue environmentally sustainable and inclusive economic growth. In addition, ADB is committed to ensuring the social and environmental sustainability of the projects it supports.
93. In this context, the goal of the safeguards is to promote the sustainability of project outcomes by protecting the environment and people from projects’ potential adverse impacts.
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94. The ADB Safeguards Policy Statement (SPS) of 2009 requirements for Involuntary Resettlement aim to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring Project and design alternatives; to enhance, or at least restore, the livelihoods of all Affected persons in real terms relative to pre-Project levels; and to improve the standards of living of the Affected poor and other vulnerable groups. ADB Policy has the following requirements:
a. Compensation, assistance and benefits for Affected persons (APs)
Compensate/assist those with formal legal rights to the land lost and those who have claims to lands that are recognized or recognizable under national laws. APs that have neither formal legal rights nor recognized or recognizable claims to such land are entitled only to compensation for non-land assets.
Compensate for affected lands, structures and other assets and put in place a comprehensive income and livelihood rehabilitation program prior to Displacement.
Give preference to land-based resettlement strategies for Affected Persons whose livelihoods are land-based. Provide physically Affected Persons with relocation assistance, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, and civic infrastructure and community services.
Promptly compensate economically Affected Persons for the loss of income or livelihood sources at full replacement cost, and provided other assistance (i.e. access to credit, training, and employment opportunities) to help them improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-displacement levels.
Provide Affected Persons with opportunities to share Project benefits in addition to compensation and resettlement assistance.
b. Social Impact Assessment
Conduct socioeconomic survey(s) and a census, with appropriate socioeconomic baseline data to identify all persons who will be affected by the Project and to assess the Project’s socioeconomic impacts on them.
As part of the social impact assessment, identify individuals and groups who may be differentially or disproportionately affected by the Project because of their disadvantaged or vulnerable status.
c. Resettlement Planning
A resettlement plan should be based on the social impact assessment and through meaningful consultation with the affected persons if the proposed Project will have involuntary resettlement impacts
Ensure that the Affected Persons are (i) informed about their options and entitlements pertaining to compensation, relocation, and rehabilitation; (ii) consulted on resettlement options and choices; and (iii) provided with resettlement alternatives.
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Pay adequate attention to gender concerns to ensure that both men and women receive adequate and appropriate compensation for their lost property and resettlement assistance, if required, as well as assistance to restore and improve their incomes and living standards.
Analyze and summarize national laws and regulations pertaining to land acquisition, compensation payment, and relocation of affected persons in the resettlement plan; and compare such laws and regulations with ADB’s involuntary resettlement policy principles and requirements. If a gap between the two exists, propose a suitable gap-filling strategy in the resettlement plan in consultation with ADB.
Consider all costs of compensation, relocation, and livelihood rehabilitation as Project costs.
Include detailed measures for income restoration and livelihood improvement of Affected Persons in the resettlement plan. For vulnerable persons and households, include measures to provide extra assistance so that they can improve their incomes in comparison with pre-Project levels.
Before the completion of engineering design, prepare a final RP that (i) adequately addresses all involuntary resettlement issues pertaining to the Project, (ii) describes specific mitigation measures that will be taken to address the issues, and (iii) ensures the availability of sufficient resources to address the issues satisfactorily.
Consult with Affected Persons identified after the formulation of the final resettlement plan and inform them of their entitlements and relocation options.
Use qualified and experienced experts to prepare the social impact assessment and the resettlement plan.
d. Information Disclosure
Submit the following documents to ADB for disclosure on ADB’s website: (i) a draft resettlement plan and/or resettlement framework endorsed by the borrower/client before Project appraisal; (ii) the final resettlement plan endorsed by the borrower/client; (iii) a new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during Project implementation, if any; and (iv) the resettlement monitoring reports.
Provide relevant resettlement information in a timely manner, in an accessible place and in a form and language(s) understandable to affected persons and other stakeholders. For illiterate people, use other suitable communication methods.
e. Consultation and Participation
Conduct meaningful consultation with APs, their host communities, and civil society
Pay particular attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the Elders, female-headed households, women and children, Indigenous Peoples, and those without legal rights to land.
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f. Grievance Redress Mechanism
Establish a responsive, readily accessible and culturally appropriate mechanism to receive and facilitate the resolution of affected persons’ concerns and grievances about physical and economic displacement and other Project impacts, paying particular attention to the impacts on vulnerable groups.
g. Monitoring and Reporting
Monitor and measure the progress of implementation of the resettlement plan. For Projects/sub-Projects with significant LAR impacts, qualified and experienced external experts are retained to verify internal resettlement monitoring information. If any significant involuntary resettlement issues are identified, prepare a corrective action plan to address such issues. Do not proceed with implementing the Project until such planning documents are formulated, disclosed and approved.
h. Unanticipated Impacts
If unanticipated involuntary resettlement impacts are found during Project implementation, conduct a social impact assessment, update the resettlement plan or formulate a new resettlement plan
i. Special Considerations for Indigenous Peoples
Avoid physical relocation of Indigenous Peoples that will result in adverse impacts on their identity, culture, and customary livelihoods. If adverse impacts cannot be avoided, formulate a combined Indigenous Peoples plan and resettlement to meet all relevant requirements specified under ADB Safeguard Requirements 3: Indigenous People.
j. Negotiated Settlement
Acquisition of land and other assets through a negotiated settlement whenever possible is encouraged.
Negotiated settlements that would result in expropriation are subject to third-party validation to ensure that the compensation is based on fair price (replacement cost) of land and/or other assets, and is based on meaningful consultation with APs. Policy Differences and Reconciliation
95. As per ADB’s Safeguards Policy Statement (2009), important elements of the resettlement policy for this Project are:
avoid and minimize land acquisition and resettlement impacts;
compensate for lost assets at replacement cost;
livelihood, and income restoration;
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assistance for relocation, including provision of relocation sites with appropriate facilities and services; and assistance for rehabilitation needs to achieve at least the same level of well-being with the Project as without it.16
E. Comparison of Republic of Tajikistan and ADB IR Policy, Regulations and
Procedures
96. The main variations between Tajikistan laws/regulation and ADB Safeguards policy are presented in Table 13. Any key differences have been resolved in favor of ADB policy, particularly in areas where practices are less subject to independent oversight.
Table 13: Comparison of ADB Resettlement Safeguards with Tajikistan Land Code
ADB Safeguards
Requirements
Tajikistan
Land Code (LC) provisions
Reconciliation provisions
APs are to be informed/ consulted on resettlement/ compensation options.
The LC does not provide for consultation.
In this Project, APs were consulted on options. The RP will be disclosed to them.
APs to be compensated and assisted, so that their economic/social future would be generally as favorable as it would have been in the absence of the Project.
The LC provides for compensating for loss of land right, buildings, crops, trees and other assets. However, it is not clear on how income losses (i.e. business losses) are to be compensated.
This Project will provide compensation for loss of land use rights, buildings and crop losses. Business losses will be compensated based on tax returns or if these are unavailable, based on a minimum salary. (See entitlements section for details).
Land compensation is to be provided at replacement rates either in terms of land x land or in cash. Due to circumstances of this Project, compensation needs to be provided in cash.
The LC mandates only for land x land compensation.
Land will be compensated either by provision of replacement plot or in cash. For agricultural land, replacement cost will be computed based on the production value of the affected plot. For residential or /commercial land ( a type of land that does not have intrinsic productive value) replacement cost will be computed based on current lease rate multiplied by 25 years since in Tajikistan there are no official land markets.. (for details section 4.7 below)
16
Rehabilitation measures include restoration of access to public facilities, infrastructure, and services; and to cultural property and common property resources. Measures to mitigate loss of access to cultural sites, public services, water resources, grazing, or forest resources include establishment of access to equivalent and culturally acceptable resources and income-earning opportunities. Such measures must be determined in consultation with affected communities, whose rights might not be formally recognized in national legislation. Where people are seriously affected by the loss of assets, incomes, and employment, compensation solely for lost assets may not be adequate to restore their economic and social base. Such people will be entitled to rehabilitation assistance measures for restoring incomes and living standards.
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ADB Safeguards
Requirements
Tajikistan
Land Code (LC) provisions
Reconciliation provisions
Compensation is to be provided in full at replacement rates
The LC mandates compensation at replacement rates through provision of land x land. However this is not be the case if land is paid in cash as the replacement value (reproduction cost) of a plot is shared on a 40—60% proportion between the local government and the user respectively.
When land for land compensation is not technically feasible (as for this Project), local administrations will give cash compensation. This practice was adopted for Dushanbe-Uzbek Border (Tursunzade) Project and in absentia of other similar mechanisms will be applied to this Project as well. A rehabilitation allowance for land use rights in cash at replacement rate will be provided to affected people.
Lack of formal legal title to the land by some affected groups should not be a bar to compensation or rehabilitation.
Compensation is provided only to registered settlers.
The issue is not relevant to this Project as there are no squatters affected.
Beside compensation at replacement cost for land, ADB safeguards provide also for replacement cost compensation for houses, crops, trees, businesses and employment/income losses.
The Law provides for compensation for all losses. It is specific on this for buildings and crops but does not detail how trees and business compensation is to be carried out.
There is basic conformity on the items where the law provides specific provisions.
ADB safeguards provide for rehabilitation allowances for, severe impacts, vulnerable APs and relocation.
The law does not provide for the ADB required allowances.
These allowances will be provided as per ADB safeguards requirements. The items are included in the Project costs.
97. Comparison of the Tajikistan LAR Policy with the ADB Involuntary Resettlement Safeguard Policy indicates that key elements of the ADB Policy are present - particularly those related to valuation of immovable property. The ADB’s principle of avoidance or minimization of resettlement is reflected in Tajikistan Legislation. 98. The key policy difference regards DP’s without title, or registration (businesses and structures). In order to remedy this, Tajikistan has ensured that all land, businesses and structures will be registered prior to resettlement, at no cost to the DP, and then transferred or compensated under the relevant entitlement. 99. Overall, Tajikistan’s Country Safeguard System (CSS) is approaching that of ADB’s Social Safeguard Policy. The main area of concern is the application of laws in practice before
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and during construction – where differences have been noted in the field. This is mainly an issue of information dissemination to those responsible for implementation at the district and province level. This has been addressed in the information dissemination activities during preparation, and will be a core area for the monitoring activities during the RP update and implementation. F. Actions Made to Address the Gaps
100. In July 2012, the MOT agreed to adopt the entitlement matrix in the draft Resettlement Plan (RP) prepared for the Project that incorporates both Tajikistan’s laws and procedures and the Resettlement Policies of the ADB. The Plan applies to all persons whose private land use status is affected permanently or temporarily due to the Project. 101. The document ensures that: (a) compensation is provided at replacement cost for houses and buildings and at market value for all items, (b) all relocated APs are given livelihood rehabilitation, (c) the provision of subsidies or allowances for APs suffering business losses or severe impacts and APs who are vulnerable, and (d) the provision for replacement land for relocated affected households. G. Principles and Policies for the Project
102. The ADB policy has no reference for valuing entitlements except for the general principle that DPs should be at least as well off after the project as before it. In other words, valuation of their property and assets should be at the replacement value. The Bank’s practices also recognize this principle to ensure protection of interests and the wellbeing of the DPs. 103. The RP sets eligibility and entitlement provisions establishing compensation rates in accordance with guidelines from the Land Code of the Republic and relevant bylaws. 104. The following principles for the compensation/rehabilitation of families affected by the Project were explained to the DP’s and stakeholders during consultations:
Land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative Project designs;
Consultation with APs on compensation, disclosure of resettlement information to APs, and participation of APs in planning and implementing rehabilitation measures will be ensured;
Vulnerable groups will be provided special assistance;
Payment of compensation to affected persons including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement rates;
Payment of compensation, relocation and resettlement assistance prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities;
Provision of income restoration and rehabilitation;
The cut-off date for identifying affected lands, families and people is 20 April, 2012 when the resettlement survey was going on and any affected people along the proposed project routes were informed;
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All affected persons (identified before the cut-off date) will receive compensation, even if they are without title or formal recognition. This includes any persons affected temporary or partially on their structures or income/ business loss, informal or temporary business use;
A defined grievance procedure has been established. When a landowner or user does not agree with a decision regarding compensation or change of the ownership or land use (lease), it may not be exercised before the dispute is resolved judicially. In addition, every person who feels that they are in any way worse off can take their grievance to the highest level within the country system, at the cost of the project.
If a land plot becomes unviable due to acquisition then the whole land plot will be compensated.
VIII. ENTITLEMENTS, ASSISTANCE AND BENEFITS
105. This section outlines DP’s entitlements and eligibility and describes all resettlement assistance measures including an entitlement matrix. It also specifies all assistance to vulnerable groups, including women, and other special groups; and outlines opportunities for affected persons to derive appropriate development benefits from the project. A. Eligibility to Compensation
106. The following groups of affected persons (APs) will be addressed in this Resettlement Plan (RP) for the Project :
All APs losing land either with legal title, lease holding land rights or without legal status;
Owners of buildings, crops, plants, or other objects attached to the land (registered and unregistered); and,
APs losing business, income, and salaries.
107. Compensation eligibility is limited by an approved cut-off date established at the end of the impact survey on April 20, 2012. Copy of published notices of this date is given in Appendix 7. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and to dismantle affected structures prior to Project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or suffer any sanction.
B. Compensation Entitlement
108. The APs in the Project are entitled to various types of compensation and resettlement assistance to help in restoring their livelihoods to the pre-Project levels. The combination of compensation measures and resettlement assistance depends on the nature of the lost assets and scope of the Project’s impact, including the social and economic vulnerability of the affected persons. All APs are eligible for 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
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reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.) as detailed below:
109. Agricultural land. Rehabilitated through the provision of an allowance for loss of land-use right additional to standard crop compensation and equal to:
For permanent land holders: 5 years of yearly gross income of affected annual crops land at market rate or 1 year of yearly gross income of affected fruit trees land. The same allowance will be provided to all land users permanently affected including individual land users and cooperative land users.
For lease holders: the same as for permanent land holders
Temporary impacts: Cash compensation equal to the loss of income opportunity from the affected land and rehabilitate the affected land to the previous condition.
110. Residential/commercial land. Provision of a replacement land with similar condition and facilities with the affected land or (if land for land compensation is not an appropriate mechanism) for holders of land use rights, compensation equivalent to the current land lease rate of $0.1 per m2 in the Project area multiplied by 25 years will be provided. The relocated DPs will receive full titles/land use rights of the replacement lands and free of registration cost. Land preparation cost for the replacement lands will be included in the compensation cost. For the temporary impacts the land holders/ users are entitled to receive cash rent of the affected property during construction at the agreed rate between the parties and documented. In addition, the affected property has to be rehabilitated to the previous condition. 111. Houses, buildings and structures. These will be compensated in cash at full replacement cost (cost of materials plus cost of labor plus cost of transport of materials) free of deductions for depreciation, salvaged materials, and transaction costs irrespective of the registration status of the affected item. 112. Crops. Crop compensation will be paid by default to all APs irrespective of their legal status in cash at full market rate for 1 years’ yield. This shall apply whether the land is fallow, or in crop. Crop compensation will be paid both to landowners and to tenants based on their specific agreements. 113. Perennial Crops and Trees. Cash compensation for wood trees based on volume of wood. Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production. 114. Businesses. If business is lost permanently, it will be compensated in cash equal to a 1 year income based on tax declaration or, (if unavailable) based on the maximum official non-taxable salary. Temporary business losses will be compensated in cash for the business interruption period based on average daily income for the business type17 or, (if unavailable) official minimum salary. Based on the current assessment all affected businesses will be only temporarily affected. This will be reconfirmed following the finalization of the detail engineering design and civil works schedule.
17
Special assessment survey had been conducted to measure the daily income rate base on the type of businesses.
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115. Employment Wage. Indemnity for lost wages for the period of business interruption. 116. Relocation Allowances. APs forced to relocate will receive a relocation subsidy sufficient to cover transport costs. APs experiencing a permanent physical displacement will receive living expenses for 6 months at minimum salary per HH member. This subsidy must be more than sufficient to cover transport costs and the average monthly income of an affected HH. 117. Community Structures and Public Assets. These will be fully replaced or rehabilitated to achieve their pre-Project functions. 118. Vulnerable APs. Affected households (HH) below the poverty line and women headed HHs will be given employment priority during construction of the Project, and for road repair and maintenance jobs after completion. Additionally, they will be paid contribution equal to 3 months’ minimum salary.
119. Unanticipated Impacts. For other unforeseen impacts other than stated above, the ADB SPS (2009) general principles and objectives will be used as the minimum benchmarks and appropriate impact mitigation measures will be sought to meet them.
Table 14: Compensation Entitlements Matrix
Type of Impact Affected Persons
Proposed Entitlements
Agricultural land: All losses irrespective of impact severity
Individual land-use rights holder
An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected annual crops land at market rate or to 1 year of gross income of affected fruit trees land at market rates.
Cooperative land holder
An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected land at market rate
Residential/ commercial land
Residential rights holder
Provision of a new residential land plot in the relocation area with similar condition and facilities with the affected land Provision of alternative land or rehabilitation cash allowance for loss of land use rights equal to the current land lease rates multiplied by 25 years ($2.5 per m2) Provision of full title/land use rights of the replacement plot for the relocated DPs For the temporary impacts the land holders/ users are entitled to receive cash rent of the affected property during construction at the agreed rate and documented between the parties. In addition, the affected property has to be rehabilitated into previous condition.
Houses and structures
All owners
Cash compensation at replacement rate for affected structure/other fixed assets, free of deduction due to depreciation value, salvageable materials and transaction costs. All buildings will be compensated in their entirety.
Crops All APs Crop compensation in cash equal to 1 year of the gross income of affected land at market rate. This shall apply whether the land is fallow, or under cultivation.
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Type of Impact Affected Persons
Proposed Entitlements
Trees All APs
Cash compensation for wood trees based on volume of wood
Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production
Business or employment loss; temporary or permanent
All APs
For business owner: cash compensation for the period of business interruption. The compensation is assessed at: Actual daily net income for each type of businesses as surveyed during the RP preparation. Or at per tax declaration or at the maximum non-taxable income. If the impact is permanent cash compensation up to 1 year of income based on tax declaration or, (if unavailable) based on the maximum official non-taxable salary
Permanent worker/ employers
Indemnity for lost wages for business stoppage of up to 3 months
Relocation
Physically displaced household
Livelihood rehabilitation allowance in form of cash compensation equal to 6 months of minimum salary will be applied uniformly to all APs who suffered from physical displacement.
All relocated APs
Provision of sufficient allowance to cover transport expenses
Communal/ Public assets
Rehabilitation/substitution in kind or cash at replacement cost of affected items and rehabilitation of their functions
Vulnerable APs/ livelihood
APs below poverty line, households headed by women
Employment priority in Project-related jobs
Cash contribution equal to 3 month’s official minimum salary.
C. Calculation of Compensation
120. This section will outline how compensation has been calculated for each component of the RP, and a summary of that calculation.
1. Land
121. A total of 0,048 hectare of land is required for the Project. 3 DP’s will lose up to 67% of their residential land. Available land is extremely limited in Ayni road area, thus the local government will provide and allocate land to the relocated APs, with similar or better condition with the affected land. It is expected that the replacement land will be properly prepared and ready for the DPs at least four months before the relocation activities are taking place. Table 15 shows a summary of the land required.
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Table 15: Land Required
ID # Type of impact
Km Land (Ha)
Total Acquired %
1 Residential
house 9 0.03 0.02 67
2 Residential
house 9 0.03 0.01 47
3 Residential
house 9 0.03 0.01 47
4 Mosque front
yard 9 0.08 0.005 6
5 Cemetery 0.30 0.002 1
6 Private house
yard wall 0.06 0.001 1.6
Total 0.57 0.048
122. Land Preparation – costs include survey and titling, realignment of water supply and gas mains to land parcels, and the general preparation of the site for construction. As the result of construction works it is expected that 3 residential houses (and outbuildings like barns, animal sheds and storeroom/basement) will demolished. 123. The realignment of the communal and communication facilities to land parcels in complex will cost 3600 TJS per business. Survey and titling will cost 245 TJS per plot. These equate to 735 TJS or $155. A breakdown of these costs is shown in Table 16.
Table 16: Land Preparation Costs
Item Units TJS / Unit TJS US$
Survey and Titlea 3 245 735 155
Communal and site preparation costb 3 3,600 10,800 2,274
Total 3 11,535 2,428.42 a
cost of survey and titling includes the cost for registering the affected assets (house, business, and lands) as well as the replacement ones.
b communal and site preparation cost include connection to electricity, water source and installation of aseptic tank
2. Businesses
124. All operating businesses will receive compensation for loss of business income. If business is lost permanently, it will be compensated in cash equal to a 1 year income based on tax declaration or, (if unavailable) based on the maximum official non-taxable salary. Temporary business losses will be compensated in cash for the business interruption period based on average daily income for the business type18 or, (if unavailable) official minimum salary. Currently the compensation is calculated at the rate of 15 days of loss business income as no major civil works activity is expected.
18
Special assessment survey had been conducted to measure the daily income rate base on the type of businesses.
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3. Workers 125. Compensation for workers will be based on stated wage rates (including fixed rate by oral agreement with employer) multiplied by the number of days of business interruption when the shop has to be closed. Currently the compensation is calculated at the rate of 15 days of loss wages as no major civil works activity is expected.
126. Table 17 outlines a summary of business and worker compensation. These affected businesses employ a total of 6 workers. Business will be compensated 18,650 TJS ($3,926). Workers will receive 705 TJS ($148) in lost wages and benefits.
Table 17: Business and Worker Compensation (TJS)
ID # Km Business
Average Income per month
Workers Monthly Salary
Compensation
№ Salary Business Worker
9 9 3000 1 300 1,500.00 150.00
10 9 4500 1 200 2,250.00 105.00
11 9 10000 2 600 5,000.00 300.00
12 9 6000 1 300 3,000.00 150.00
13 9 1200 - - 600.00 -
14 9 2100 - - 1,050.00 -
15 9 1500 - - 750.00 -
16 9 9000 - - 4,500.00 -
Total 5 USD
18,650.00 705.00
3,926.32 148.42
4. Structures
127. All assets (registered or not) should be valued by State Unitary Enterprise ―Narkhguzori‖19 under the Committee on State Investment and State Property Management through calculating the real replacement cost based on cost of materials, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation or transaction costs. The cost of reconstruction of the associated facilities of the affected structures (water, electricity, gas, etc.) will be included in the compensation (the new land sites are assumed to have similar services available). Salvaged materials will be allowed to be taken by the DPs prior to demolition at no charge. 128. Table 18 shows the compensation for all buildings based on assessment of local valuation services. Total buildings replacement cost for all DP’s is 487,059 TJS ($101,471).
19
―Narkhguzori‖ is translated as Pricing/Valuation
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Table 18: Compensation for Structures
№ ID Km Owner’s name Type of
structure
Total Area of building structure m² / m³
Compensation* (TJS)
1 9 Turahasanov Dilpisand House 245,5m3 111,550
Barn 47,5m3 5,747
Animal barn 60,0m3 4,850
Storeroom/ basement
55,4m3 13,491
2 9 Turahasanov Turahasan
House 228,5m3 97,000
Animal barn 432m3 8,730
3 9 Turahasanov Jumaniyoz
House 756m3 188,621
Animal barn 56m3 2,716
4 9 Malikov Bakhtiyor
Mosque’ front yard
24,7m3 8,424
5 24 Nurov Sh. Cemetery retaining wall
37m3 16,249
6 83 Rahmonov Ahadqul River bank reinforcement
29,8m3 14,478
7 83 Narzulloev Shams River bank reinforcement
29,8m3 14,478
8 83 Sanginov Karomiddin Wall 3,2m3 725
Total 487,059
USD 102,538.74 *Detailed calculation of structures is illustrated in Appendix 8.
D. The Valuation Process
129. Asset Valuation – Initial asset (buildings and other structures) valuation has been undertaken by State Unitary Enterprise ―Narkhguzori‖. Then, it will be verified and certified by the Project Implementation Unit/Ministry of Transport. If the DP agrees with the valuation, then this will be used as the basis of negotiation between the owners and the local authorities. If the DP disagrees with the valuation, they are allowed choosing for construction/ready-to-use alternative structure, whereas construction will be done by MOT/PIU. They also have recourse to the grievance committee if agreement cannot be reached. 130. Land for Land – The Hukumat LARC decides on the assignment of alternative land plots for the relocated DPs. Associated infrastructure requirements - service roads, drainage, sanitation, water supply and electricity facilities – will be provided as part of site-preparation costs. All relocation activities will be carried out with the consent and cooperation of the displaced people and the local authority will be instrumental in carrying out resettlement activities as scheduled.
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131. Income Valuation – Valuation of businesses income was conducted through i) general survey questionnaire of the affected businesses and ii) daily transactions record, which included all the money inflow and outflow for each business. Daily transaction records were signed off by the business owner at the end of the working day to make the results transparent. These transactions were recorded for 15 days. The surveyed business’ net income calculated by deducting total expenses such as cost of patents/certificates, permits (of sanitary and epidemiology and fire-fighting services and others), transportation cost etc. from the total revenue during the surveyed period. In addition the data was crosschecked against the questionnaire survey responses where a question was asked about monthly income and expenses.
E. Entitlements Matrix
132. Table 19 outlines the complete entitlements matrix for the project based on the identified impacts20.
Table 19: Entitlement Matrix of the Identified Impacts
Type of Loss
Specification Affected People
Compensation Entitlements
Residential/ commercial
land Full or partial
loss
Residential rights holder
Provision of a new residential land plot in the relocation area with similar condition and facilities with the affected land
Provision of alternative land or rehabilitation cash allowance for loss of land use rights equal to the current land lease rates multiplied by 25 years ($2.5 per m2)
Provision of full title/land use rights of the replacement plot for the relocated DPs
Houses and structures
All owners
Cash compensation at replacement rate for affected structure/other fixed assets free of salvageable materials and transaction costs. All buildings will be compensated in their entirety
Relocation Permanent or
temporary
Physically displaced household
Additional compensation by cash allowance equal to 6 months of minimum salary (TJS 480) will be applied uniformly to all AHs who suffered from physical displacement.
All relocated household or business
Provision of allowance amounting TJS 150 per affected business to cover transport expenses and TJS 250 per affected household that need to be relocated.
20
The entitlements for other impacts which are not identified during the project preparation can be seen in paragraphs 109 to 119 of this chapter.
39
Table 19: Entitlement Matrix of the Identified Impacts
Type of Loss
Specification Affected People
Compensation Entitlements
Business or employment
loss; temporary or permanent
Permanent or temporary
All AHs (including informal settlers)
For business owner: cash compensation for the period of business interruption for 15 days. The compensation is assessed at :
Actual daily net income for each type of businesses as surveyed during the RP preparation.
Or at per tax declaration or the maximum non-taxable income
Permanent worker /employers
Indemnity for lost wages for business stoppage for 15 days
Communal/ Public assets
Loss or damage to
public infrastructure and utilities
Rehabilitation/substitution in kind or cash at replacement cost of affected items and rehabilitation of their functions
Livelihood
AP below poverty
line
Vulnerable and physically
displaced affected
households
Employment priority in Project-related jobs
Livelihood allowance for 3 months amounting TJS 240 per household member
40
IX. RELOCATION OF HOUSING AND SETTLEMENTS
133. This section describes the options for relocating housing and the activities that will be conducted to assist the process. 134. Only 3 households will be relocated and receive replacement plots located in the village next to the affected houses. These are all households with a residential house (see table 20). The relocated DPs will also receive full titles and ownership of the new plots and housing at no cost.
Table 20: Land for Land Compensation (AH number and plots comparison)
No of HHs Land category
Road segment
Size current plot (m2)
Affected area (m2)
Size replacement plot (m2)
Case 1 Residential Km 9 303.20 152.30 600.00
Case 2 Residential Km 9 300.00 161.60 600.00
Case 3 Residential Km 9 229.00 146.00 600.00
Total 832.20 459.90 1800.00
135. The replacement plots to all three households are provided in the Novdonak and Dashti Mazor villages in the vicinity of Dar-Dar village of Ayni district. Both villages are already developed and provided with the necessary facilities. The plan of the replacement plots is given in Figure 2. The copy of relevant original and translated letters from the local authorities to the relocated APs and pictures of the replacement lands are provided in Appendix 9.
41
Figure 2.1: AP Replacement Land Plot Location Map
Figure 2.2: AP Replacement Land Plot Location Map – Novdonak Village 42
43
136. The relocation site is well planned and the plots have easy access to main road and basic services. In addition, the relocation site has school, medical post, community center. Since the village continues Dar-Dar village and majority of its inhabitants are Dar-Dar residents, who got the new land plots there in view of the fact that their village is overly populated and most of the houses are considered as being located in a disaster-prone area. Thus, the APs will not be disconnected from their neighborhood and social ties. Each replacement plot will be provided with all necessary services as electricity, spring water and sanitation facilities. All AP received an offer for the replacement plot and signed an acceptance of the offer (see Appendix 9). 137. Plots Preparation Costs. Table 21 summarizes the preparation cost for the 3 plots:
Table 21: Plot Preparation Cost
Service Cost/plot (TJS) Total for all three plots
Electricity 900.00 2,700.00
Water-pump 1,350.00 4,050.00
Septic tank 1,350.00 4,050.00
Total 3,600.00 10,800.00
138. Plots Preparation Schedule. All three plots will be prepared and the associated services will be constructed within 40 weeks after the approval of the final RP by the Government and ADB.
X. INCOME RESTORATION AND REHABILITATION
139. This section briefly describes programs for restoring and enhancing income of vulnerable groups, particularly women and the disabled. A. Special Assistance
140. Livelihood Allowance – For those DP’s who are vulnerable – female-headed, poor, or face significant hardship due to old age or disabled family members – an allowance of $16.8 per household member for three months will be paid. This equates to 80 TJS per household member. Six families have been assessed as vulnerable, comprising a total of 37 people. Total livelihood allowances for them are 8,880 TJS ($1,869.5). 141. Housing Reconstruction Support – Vulnerable DP unable to rebuild the replacement house in the relocation site will be supported by the Project.
44
142. Relocation Allowance – All DP’s who will have to move from their house or relocate their businesses will receive a relocation allowance. For the relocated household the allowance rate will be 250 TJS per DPs and 150 TJS for each relocated business21
143. Rehabilitation Allowance – The adopted principle is that the DPs who have to be relocated entitle to receive additional cash compensation allowance equal to 6 months of minimum salary. This equates of total payment of TJS 1,440. 144. Table 22 outlines the summary of benefits.
Table 22: Compensation for Displaced Persons and Vulnerable Groups
Allowance Type DP People Rate Total
№ № TJS TJS
Livelihood (for vulnerable groups)
Poverty 6 37 240 8,880
Female Headed - - - -
Disabled - - - -
Elders - - - -
Sub-Total 6 37 240 8,880
Relocation Household 3 250 750
Business 3 150 450
Rehabilitation (for physical displacement)
3 480 8,160
Total 18,240
USD 3, 840
B. Opportunities to Derive Development Benefits
145. Priority Work Placement – All DP’s and project stakeholders, will receive priority entitlement to work in construction crews and for rehabilitation efforts. These standards will be incorporated in construction contracts and details included in progress reports. C. Other Costs
146. Other costs to be provided under the RP include cost of safeguard consultants. Table 23 outlines the cost of providing these services and the agency responsible for payment. The total amount payable is 57,000 TJS ($12,000).
21
The relocated butchers already transferred to the new location on their own request prior to project implementation. The statement letter from the APs is attached in Appendix 1.
45
Table 23 : Other Costs (TJS)
Items Amount Responsible Agency
Resettlement Consultant under PIU MOT
Total 57,000
USD 12,000
147. The tasks of resettlement consultant will include but not be limited to the following:
(i) Manage and coordinate the preparation, updating, finalization, implementation and monitoring the approved Land Acquisition and Resettlement Plan (RP) and other additional RP(s) during project implementation as required by the grant agreement (GA) and Project Administration Manual (PAM).
(ii) Review and monitor the assurance of LAR impacts avoidance and mitigation during the finalization of detail engineering design and civil works
(iii) Set up internal monitoring system on the project’s social and resettlement issues and requirements during the implementation of project activity
(iv) Prepare and manage project information and safeguards data base system
(v) Assess and prepare capacity building program on social issues for the contractors, PIU staff, DI and supervision consultants
(vi) Conduct internal and external coordination with relevant parties in social/resettlement activities/ requirements of the project.
(vii) Conduct regular consultation during project implementation on LAR issues for RP updating or preparation.
(viii) Set up and monitor project’s redress and grievance mechanism (GRM)
(ix) Safeguards related report preparation and submission
(x) Provide advice/ recommendation to the Director, PIU on social safeguards/ resettlement problems/requirements
(xi) Provide independent monitoring on the contractors' compliance to (a) core labor standards, labor laws and incorporate applicable workplace occupational safety norms; (b) no differentiation of payment between men and women for work of equal value; (c) no child labor in the construction and maintenance activities; (d) no forced or compulsory labor; (e) discrimination in respect of employment; (f) freedom of association; (g) to the extent possible, maximize employment of local poor and disadvantaged persons for project construction purposes, provided that the requirements for job and efficiency are adequately met; and (h) land acquisition and resettlement framework and plans.
(xii) Engage with relevant civil society organizations interested in the project implementation.
46
XI. RESETTLEMENT BUDGET AND FINANCING PLAN
148. This section provides an itemized budget for all resettlement activities, including for the resettlement unit, monitoring and evaluation, and preparation of resettlement plans during loan implementation. A. Responsibilities
149. In order to ensure that sufficient funds are available for LAR tasks, the MOT will have to allocate 100% of the cost of compensation at replacement cost and expected allowances estimated in this RP plus contingencies before RP implementation. As the EA, MOT will be responsible for timely allocating the funds to implement the RPs. Allocations will be reviewed bi-annually based on budget requirements indicated in the RPs. 150. The EA will be responsible for including LAR funds for project activities in the fiscal year of government budget. The budget for this RP will be disbursed by MOT via the District branches of State Savings Bank through the list of DPs provided by MOT. 151. The EA is responsible to establish Safeguard Team to conduct their tasks and responsibilities during the Program's activities. This will be funded via supervision consultant package.
B. Budget Summary
152. The complete budget for LAR activities of the Project is shown in Table 24. The budget for LAR will come from the MOT as counterpart fund. A total budget is around 826,621.9 TJS ($174,026). A twenty percent contingency cost is considered to anticipate additional LAR cost following the finalization detail design or unanticipated LAR impacts during project implementation.
Table 24: LAR Entitlement Summary (TJS)
TJS US$
Land registration (for the acquired land by PIU) 70,000.00 14,735.00
Land Preparation Costsa 11,535.00 2,428.42
Public facilities costb 24,673.00 5,194.32
Compensation
Private land 1,187.50 250.00
Business Loss 18,650.00 3,926.32
Wage for workers 705.00 148.42
Structures 487,059.00 102,538.74
Relocation Allowance 1,200.00 253.00
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Table 24: LAR Entitlement Summary (TJS)
TJS US$
Support for Relocated and Vulnerable Households
Livelihood Allowance 8,880.00 1,869.47
Severe impacts (relocated household and business)
8,160.00 1717.89
Other Costs
Resettlement Consultant PIUc 57,000.00 12,000.00
Sub- Total 687,862.00 144,813.05
Contingency (20%) 137,572.40 28,962.61
TOTAL 826,621.90 174,026.00 a
Land preparation cost will be covered by Social Infrastructure Development program of the district mayor’s office.
b Public facilities cost will be covered under a construction contract.
c Costs will be covered by the supervision’s consultants’ package.
XII. INSTITUTIONAL ARRANGEMENTS
153. The main institutions that will be involved in LAR activities are Republican MOT/ MOT as executing agency (EA), Committee for Land Management and Geodesy (CLMG), Safeguard Team, MBTI under the State Unitary Enterprise Housing and Communal Services, SUE ―Narkhguzori‖ under the State Committee on Investment and State Property Management, Design Institute (DI), Project Supervision Consultants (PSC), local Executive State Power in Districts (Hukumats) and Ministry of Finance.
A. Ministry of Transport of the Republic of Tajikistan (MOT)
154. The Project Implementation Unit (PIU) in MOT is located in the office of the Project Director. The Project Director and his staff have extensive experience in managing ADB Projects. The office of the Project Director is staffed with experienced engineers and other specialists who look after safeguards issues. The PIU has one full time designated resettlement specialist who, with assistance from other designated officials as necessary and supporting consultant, will be updating and managing the implementation of the RP, including co-ordination of the work of all involved agencies.
48
B. Committee for Land Management and Geodesy (CLMG)
155. The CLMG is the central government body with executive power for land management22. This Committee, together with the state enterprises under its control, is responsible to:
promote and develop unified state policy in land matters, and the management of government land
manage survey work including land cadastres, geodesy, aerial imagery and topographic mapping
control the use and protection of land, geodesy, and further development of the level of government geodetic control, aerial imagery and mapping activities
undertake government activities on land management, land cadastre, geodetic, aerial imagery, mapping
coordinate scientific research on the study of natural resources using satellite imagery for Government departments
conduct registration of land use rights and implementation of land reform
undertake surveying and land plot formation activities
prepare and issue of Land Use Right Certificates (LURC)23
register changes of land user
allocate new land plots
acquire land as required for the state
survey the land plots, the subject of land use rights
develop Projects for allocation of land use rights for non-agricultural needs, and
implement land assessment work, soil assessment and economic valuation of land.24
C. MBTI under the State Unitary Enterprise Housing and Communal Services
156. The State Unitary Enterprise Housing and Communal Services, together with the state enterprises under its control are the suppliers of public utilities in Tajikistan,25 including 31 Mezhraion (Inter-district) Bureau of Technical Inventory (MBTI). MBTI is established as a self-funding enterprise, operating at district and city levels. It is mainly in charge of technical inventory of immovable property, buildings (houses, constructions, etc). The Government Decree No 513, dated 30 December 1998 provides the following roles for MBTI:
technical inventory of private houses and land, buildings, apartments and state companies
technical inventory and valuation of constructions and structures
technical inventory of the affected assets
technical inventory of engineering networks, and
22
Regulation on C omittee on land management and geodesy under the Government of Republic of Tajikistan, approvedd by the Government Decree from December 28 2006, №613.
23 This is a legal document that verifies the title holding of any parcel of land.
24 The Government Decree No. 613, dated 26 December 2006 provides the details of the roles and responsibilities,
organizational structure and its associated enterprises. 25
It was established by Government Decree No235, dated 6 June 2001, and has 131 subordinate enterprises, including 31 MBTIs.
49
registration of ownership and preparation of an Ownership Certificates for immovable assets.
157. The registration of structures and other objects is conducted to establish ownership rights of houses, buildings and apartments and their registration in cities and villages. MBTI registers immovable properties in its Registration Book, based on land plots, including the following information: (i) Date, (ii) Identification Number in the Register, (iii) address of immoveable property, (iv) owner’s name, (v) shares, (vi) legal documents, (vii) encumbrances, (viii) signature of registering staff member, (ix) remarks. A unique number is applied for buildings and apartments based on postal address: (i) District name, (ii) Block Number, (iii) Street name, (iv) Building Number, (v) Apartment Number. However, the block is different to that used by the CLMG. MBTI is required to update the data about the changes of structure and the value of the buildings every three years, mainly for taxation purposes. MBTI offices have specialists in architecture and construction for each district. D. The Local Executive State Power in Districts (Hukumats)
158. The District Hukumat is the local administration body, established in all cities and districts. It is under the Oblast level and there are Jamoats under the District Hukumats. The Hukumat leads by a chairperson. The chairperson has a wide range of responsibilities and authorities, including land management, housing and infrastructure, social security, law and order, health care and agricultural production. The planning and implementation of any LAR activities related to land and assets is done through Hukumats. This is the local administration having a direct link with the people and most of small grievances related to allocation and distribution of land rights. In relation to land and immovable property administration, the Hukumat assists the concerned departments (land commission/MBTI/PIU etc) in resolving the issues such as allocation of land use rights, and decisions on acquisition of land use rights and allocation of alternate sites for resettlement. An ad-hoc Commission at district level exists for Land Acquisition/Compensation/Resettlement. 159. For defining the losses to land users due to land acquisition for state and public needs or for the temporary occupation of land parcels, the valuation commissions are formed consisting of the following members:26
a representative of the district Hukumat, usually the deputy chairman of the district or town,
the head of the district agency for land management, geodesy and cartography,
a representative of the district or town office of architecture,
representatives of the water management department,
a representative of the district for environmental protection
representatives of the affected land users,
representatives of the enterprises and/or institutions interested in land acquisition, and
representatives of other organizations as defined by the Hukumat. 160. For this RP, the commissions assessed all losses and determined the compensation and obtained approval by the hukumats. The valuation for buildings and structures during the
26
Item 31, Regulation about the order of compensation of losses to the land users, approved by the Government Decree dated December 30, 2000, №515.
50
preparation of the Draft RP was done by SUE ―Narkhguzori‖ under the State Committee on Investment and State Property Management of the Republic of Tajikistan as an independent evaluation service provider of all affected structures, based on the current market value. 161. The MOT will have overall responsibility for all aspects of the program. The Program Management Unit (PIU) within MOT will be responsible for the day-to-day management of the Program including cross-agency coordination, and via the Safeguard Team (ST) for RP implementation and monitoring the compensation and disbursement. E. Design Institute (DI)
162. The Design Institute will be in charge of elaborating/finalizing the design and construction documents for the project. It will collaborate and work closely with the PIU/ Safeguard Team and PC to:
(i) look for measures and alternatives to avoid and minimize land acquisition and resettlement impacts;
(ii) assemble all documents required for compensation;
(iii) carry out topographic surveys of the expropriated land and replacement lands;
(iv) elaborate layouts indicating the location of the worksites and the permanent infrastructures and the perimeter of the required surfaces differentiating the land use patterns in the areas being occupied to serve as a base for the selection of compensation land;
(v) Conduct land marking and pegging of the land assigned for temporary use and permanent occupation of acquired land.
F. Project Supervision Consultants (PSC)
163. The Consultants under the supervision of the Resettlement Specialist will be involved in the finalization, implementation and monitoring of the LAR tasks as follows:
Assist and support PIU resettlement specialist on safeguard related issues
Management the tasks required for final review and revising (as needed) the draft RP and other additional RP prepared during project implementation
Assisting MOT in conducting consultations with the affected persons during RP(s) preparation, updating and implementation
Review the work and monitor the cases of the grievances mechanism
Monitor the implementation of RP
Monitor and review the final detail design for any additional LAR impacts
Report and prepare the required document for any additional or unanticipated LAR impacts following the final detail design during project implementation
Observe and report the RP implementation and safeguard compliance during project implementation
Prepare internal monitoring report on safeguards as part of the project progress report
Provision of other services according to the terms of reference included in the contract for safeguard support services
51
G. Other Government Organizations
164. The Ministry of Finance (MOF) is responsible for allocating the budget for RP implementation. The MOF has already allocated the budget for the implementation of the RP based on the estimate included in the Draft RP. The entire institutional arrangement for the implementation of the RP is presented in the following figure.
52
Figure 3: Institutional Arrangements
ADB MOT
Government of Tajikistan Ministry of
Finance
CLMG
Supervision Consultant – Resettlement
Specialist
MOT PIU
Safeguard Team
MBTI and State Committee for
Investment
District
Commission for Land Acquisition
Affected Persons
Local Executive State Power in
District (Hukumats)
53
XIII. IMPLEMENTATION SCHEDULE 165. This section includes a detailed, time bound, implementation schedule for all key resettlement and rehabilitation activities synchronized with the project schedule of civil works construction. A. Pre- RP Finalization and Resettlement Activities
166. The EA will ensure and schedule a mandatory ADB’ Safeguards Policy briefing for the selected supervision consultant and contractor of the project. ADB safeguard specialist upon the commencement of consultant and contractor’s work schedule will conduct the briefing. 167. The EA will undertake a final verification of the RP based on the alignment finalized by the detailed engineering design. Any modifications to the RP will be made, and verified with the EA and the ADB prior to any LAR activities commencing. 168. The final RP has to include the full details of all land and resettlement arrangements, including verification of asset viability by the DP’s. 169. The Design Institute/ District LAR commission/ PIU Safeguard Team/ in charge of elaborating the design and construction documents for the road construction subproject, will assist the PIU to:
(i) assemble all required documents;
(ii) carry out topographic surveys of the expropriated and compensation lands;
(iii) elaborate layouts indicating the location of the worksites and the permanent infrastructures and the perimeter of the required surfaces;
(iv) establish layouts of the relocation lands proposed for the relocated DPs as option for compensation;
(v) schedule the construction of the new houses of the relocated DPs (as agreed and required)
(vi) conduct the land marking and the pegging of the lands assigned for temporary use and permanent occupation and of the compensation lands.
170. The DP’s will sign a document signifying their satisfaction on the compliance of MOT on the agreement. Disbursement of cash will follow the approval of budgets for cash compensation. The Safeguard Team will inform the DPs of the schedule of fund release. They will also advise the APs to produce acceptable legal documents pertaining to their identification for claiming the compensation. It is the main responsibility of MOT to ensure that all the compensations and entitlements have been paid to and settled with DPs prior to their resettlement. 171. All resettlement activities will be completed prior to clearing the construction sites. The
MOT will initiate the following steps in releasing the cash compensation and entitlements to DPs:
The PIU Safeguard Team will advise the DPs of the fund release schedules.
The District LAR commission shall then advise the DPs to produce the necessary legal documents for their identification in claiming the compensation and entitlements
54
due to them.
The PIU Safeguard Team will arrange for receipt of the resettlement compensation from the MOT and disburse it directly to DPs on presentation of identification.
The PIU Safeguard Team will arrange for district Hukumat to issue new title directly to DPs on presentation of identification.
The PIU Safeguard Team will require the DPs to sign a document indicating the receipt of their compensation and entitlements.
The DP’s will then begin their process of rebuilding and relocation.
The PIU Safeguard Team will require the DPs to sign a document indicating completion of their LAR activities, indicating that they have no further claims.
This will be summarized by the MOT and forwarded to ADB as part of no-objections for commencement of construction.
The CLMG will transfer the acquired land/ assets to MOT for the project’s purpose and management
172. As a condition to approve the civil works contract award the RP in English and in Tajik and the information booklet will be updated, re-approved by ADB and re-disclosed to the affected communities. B. Implementation Phase
173. The project loan is expected to be approved in 11 September 2012 and the loan is expected to be effective by 30 October 2012. Construction is set to start by March 2013. 174. A schedule for implementation is presented in Figure 4. C. Post Resettlement Implementation Phase
175. Monitoring of resettlement activities and the compliance of the project policies by the PIU Safeguard Team and Supervision Consultant on behalf of MOT, as set out in this framework, are the items for this phase. This is because the internal monitoring which is the responsibility of the PIU Safeguard Team will be the basis for MOT requesting from ADB its ―no objection‖ for the mobilization of construction contractors. ADB will also conduct a mid-term evaluation to ensure that there are no adverse involuntary resettlement effects
D. Additional/Unanticipated LAR Impacts during Implementation
176. As final detail design will be completed during project implementation phase, PIU and PSC will monitor the process of finalization detail design to be done by the contractor. Any additional LAR impacts identified in this phase should be reported to ADB. The required documents have to be prepared in consultation with the affected people, submitted to ADB for review and approval prior implementation. No civil works will be allowed in the areas of new identified impacts until the required RP is implemented and compliance report submitted to ADB.
Figure 4: Implementation Schedule
55
56
XIV. MONITORING AND REPORTING
177. This section describes the mechanisms and benchmarks appropriate to the project for monitoring and evaluating the implementation of the resettlement plan. It specifies arrangements for participation of affected persons in the monitoring process. This section will also describe reporting procedures. 178. The primary objective of monitoring is to identify as early as possible the activities achieved and the cause(s) of constraints for RP implementation and ensure project compliance to ADB Safeguards Policy Statement (2009). Monitoring is important because RP implementation is often the critical path for any project where civil works is involved, due to issues on land acquisition, compensation and resettlement that may cause delay in civil works. The early identification of the causes of delay will enable the MOT (with support from the supervision consultants), to prepare the mitigating measures during project implementation. Monitoring will also identify unanticipated or new LAR issues emerged during project implementation for timely impacts mitigation and solutions. 179. LAR tasks will be monitored internally. Internal monitoring (IM) will be carried out by the Safeguard Team of the PIU supported by resettlement specialist of the supervision consultants in conjunction with District Hukumats as required. 180. Internal Monitoring - All activities in LAR are time bounded. Internal monitoring (IM) will be carried out by the PIU Safeguard Team, the LARC in the District/Hukumat and supervision consultants. Process indicators will relate to implementation outputs and deliverables. These will be collected directly from the field, and will be reported monthly to the PIU to assess the RP implementation progress, additional LAR issues during implementation and project’s safeguards compliance and the work plan will be if necessary. These reports will be quarterly consolidated in the supervision reports for ADB. 181. Following the finalization of detail engineering design the PIU safeguards team and Supervision consultant resettlement specialists will conduct final review with the engineering team for possible additional/changes in LAR impacts. When required prepare the additional RP for ADB review and approval before implementation. 182. Specific IM benchmarks to be included in the monthly safeguards monitoring report are:
(i) Information campaign and consultation with APs during project preparation and implementation;
(ii) Status of land acquisition and payments on land compensation of the approved RP;
(iii) Compensation for affected structures and other assets;
(iv) Relocation of APs;
(v) Payments for loss of income;
(vi) Selection and distribution of replacement land areas;
(vii) Income restoration activities;
(viii) ensure the gender mitigation measures are adhered to during the internal monitoring and reporting process; and
(ix) safeguards requirements and compliance are met during project implementation
57
(x) Status on cases and solutions of grievance redress registered in the GRC and LARC records
183. Upon the completion of civil works, the PIU will prepare a post-RP implementation evaluation report that will assess both the permanent and temporary land acquisition activities and impacts of the Project focusing on the restoration of impacted lands and conditions of relocated DPs especially those who were identified as vulnerable. 184. Internal monitoring and reporting on safeguards compliance will continue until all project activities have been completed.
58 Appendix 1
STATEMENT OF THE APs
Appendix 1 59
STATEMENT OF THE APs
(English Translation) We undersigned confirm that our butcheries were functioning on Sujina river bank without any legal titles and based on verbal agreement with local government. Based on the agreement with local government we were supposed to be relocated before design and construction activities on Ayni-Panjakent road. Due to start of rehabilitation of Ayni-Panjakent road and rehabilitation of Sujina bridge there is a need to relocate our butcheries. We requested local government to relocate our kiosks in advance of construction activities into the Sujina market, so that we can continue our business without any interruption and losses. The new allocated slots in the market are 100 meters away from our initial location, in the center of Sujina village. We are fully satisfied with the replacement plots/slots. Due to the fact that local government shouldered the relocation, we wave 450 TJS (150 TJS per business) of relocation cost allocated under the Project’ compensation program and do not have any further claims. Signature/Narzulloev Sh. Signature/Isrofilov Gh. Signature/Yuldoshev S.
60 Appendix 1
Relocated Butcher Shops of Sujina Village
Appendix 2 61
SUMMARY OF CONSULTATIONS
Various methods used for public consultation and consultations with concerned stakeholders during the preparation of Draft LARP are described in the following table:
Methods Employed for Consultations
Stakeholders Purpose Method
Local Community in Ayni and Panjakent district
To assess overall social perception about the importance of Project road and local people’s perceived need for improvement
Consultation and discussion with local people at different Project locations during reconnaissance walk over survey, cadastral survey, social survey and census survey.
District administration (Chairmen of both districts and First Deputy Chairmen) in Ayni and Panjakent and district level line agencies (Land Committee, District Architect, District Committee on Women and Family Affairs)
To assess the existing operational status of road, to verify the land likely to be acquired based on preliminary design drawings, to carry out cadastral survey, to collect data on land, and to collect information on alternative livelihood programs and scope.
Individual meetings with the officials of respective offices.
Project affected people based on the preliminary design drawing
To prepare inventory of the affected assets and get measurement and conduct interview with the affected families about the affected assets and on the household matters
Individual interview of the affected households by means of a structured questionnaire
Customs Department and Border Management Department of Panjakent city
To conduct due diligence and identify possible LAR impact on relevant customs/border points area
Group discussion and individual meetings
Operational; businesses located along the road in Dardar village of Ayni district
To assess daily transactions of the businesses that might be temporarily affected/closed during construction activities in the village. To find out their attitude and ideas regarding the project
Affected businesses were surveyed through structured questionnaire as well as by recording their daily transactions to find out net income per business. The survey was combined by series of informal meetings with the local community to get their views on the project.
Affected people from both districts, representatives of local government
To inform community about Project and compensation entitlements
Community consultations
To discuss proposed loss of land use right
To get affected persons agreement on entitlement matrix
To inform affected persons about grievance redress procedure during the resettlement and the construction period.
62 Appendix 2
Formal and informal consultations with stakeholders and local population have been conducted during the preparation of the Draft LARP. The major consultations have been summarized below.
DRAFT LARP COMMUNITY CONSULTATIONS Village: Dardar Jamoat: Dardar District/Rayon: Ayni Date: 17 March 2012
Sl. No
Name of the Participant
Male /Female
Occupation
1 Boytemurov Aiyomiddin Male Chairman of Dardar jamoat
2 Mavlonov Male Villager
3 Yoraliev Bekali Male Villager
4 Jumaev uhammadyunus Male Villager
5 Niyozov Yormat Male Villager
6 Rahmatov Gulmahmad Male Villager
7 Ubaydulloev Nazrimurod Male Villager
8 Hojaev Saidjon Male Villager
9 Mirzoeva Mohbibi Female Chairperson of Women Union, Dardar village
10 Boymatov Ekmahmad Male Villager
11 Isrofilov Jamoil Male Villager
12 Shodiev Bobo Male Villager
13 Navzurov Mirzobadal Male Villager
14 Muhamadiev Irok Male Villager
15 Sobirov Sobir Male Villager
16 Husinov Hasan Male Villager
17 Malikov Bahtiyor Male Mullah of Dardar village
18 Turahasanov Jumaniyoz Male Affected person
19 Turahasonov Turahasan Male Affected person
20 Sharipov Davlat Male Villager
21 Abdulfayzov Yormurod Male Villager
22 Sherbutaev Sadriqul Male Head of Road Maintenance Unit, Ayni district
Appendix 2 63
DRAFT LARP COMMUNITY CONSULTATIONS
Village: Veshkand Jamoat: Urmetan District/Rayon: Ayni Date: 11 April 2012
Sl. No
Name of the Participant
Male /Female Occupation
1 Zakotov Sh. Male Chairman of Urmetan Jamoat
2 Kodirov A. Male Deputy chairman of Urmetan Jamoat
3 Abdiev F. Male Director of Secondary School # 24
4 Hojiev S Male Head of DF ―Veshkand‖
5 Nurov SH. Male Mullah of Veshkand village
6 Najmidinov S. Male Sheftar/Veshkand mahalla leader
7 Rahimov B. Male Villager
8 Samiev V. Male Villager
9 Hakimov U. Male Villager
10 Naimov H. Male Villager
11 Qodirov M. Male Villager
12 Hazratov H. Male Villager
13 Narziqulov SH. Male Villager
14 Rahimov N. Male Villager
15 Rahimov Z. Male Villager
16 Tilobov H. Male Villager
17 Fatohov R. Male Villager
18 Akochaev H. Male Villager
19 Barotov A. Male Villager
20 Farmonov S. Male Villager
21 Akochaev Z. Male Villager
22 Turaev E. Male Villager
23 Rahmonov A. Male Villager
64 Appendix 2
DRAFT LARP COMMUNITY CONSULTATIONS
Village: Sujina Jamoat: Sujina District/Rayon: Panjakent Date: 18 May 2012
Sl. No
Name of the Participant
Male /Female Occupation
1 Rahmonov Buron Male Elderly
2 Ziyoev H. Male Villager
3 Mahmadov A. Male Villager
4 Egamberdiev P. Male Villager
5 Narzulloev U. Male Affected person
6 Mustafoev Sh Male Villager
7 Mahmashoev Male Villager
8 Mahmadiev R. Male Villager
9 Bozorov Y. Male Villager
10 Urinov Sh. Male Villager
11 Rahmonov A. Male Affected person
12 Isrofilova Female Deputy Jamoat Chairman/Chairperson of Women Union, Sujina village
13 Isrofilov Gh. Male Affected Person
14 Yuldoshev S. Male Affected Person
15 Subhonov A. Male Villager
16 Muhiddinov Z. Male Head of Capital Construction Department, Panjakent city
17 Jumaev R. Male Leading Specialist/district Architect
Appendix 2 65
SUMMARY OF DISCUSSIONS Meetings with all DPs were held with the participation of district local government representatives in each district. There were 2 meetings and the minutes were recorded. Additionally, 4 meetings with Dardar village of Dardar Jamoat, Veshkand village of Urmetan Jamoat and Sujina village of Panjakent district were held in the field without minutes recorded: Dardar – 2 times, Veshkand – 1 time, Sujina – 1 time. The informal meeting in Veshkand was aimed at obtaining local residents view on the possibility to acquire some land from the old village cemetery. Villager asked us to let them discuss the issue internally, during the evening prayer in the village mosque. Upon making a decision village Mullah submitted survey team the Certificate signed by villagers indicating their no-objection to take the land.
Stakeholders Purpose Method
Representatives of Ayni and Panjakent district (jamoats and Hukumats representatives, First Deputy Mayor, Head of Executive Office of Ayni Chairman)
Evaluate general level of social understanding about highway importance under the Project as well as to improve understanding of local people.
Representatives of local Hukumats were advised about the Road Rehabilitation Project and basic provisions of ADB Safeguards Policy
Temporarily affected businesses located close to the road in Dardar village of Ayni district
Evaluate daily net income of the affected businesses to be able to come up with the temporarily income loss compensation
15 days of daily transaction records, combined with structured survey questionnaire for the affected businesses. Survey was coupled with series of informal meetings conducted by survey team with the community to obtain their buy-in to share their ideas about the project
Population (members of Affected Households) along the Ayni-Panjakent Road from Ayni and Panjakent districts
Population of Veshkand village
List of affected property Personal interview with affected households
Meeting with village elderly and Mullah in Veshkand village
Issues about the price of affected objects
ADB Resettlement Policy (that the main purpose is the protection of population needs)
To discuss the issue of acquisitioning the land of the old village cemetery and getting local resident’s view on this.
66 Appendix 2
Act
Venue: Veshkand village
Date: 11.04.2012
We undersigned, Chairman of Urmetan Jamoat Zakotov Sh., Deputy Chairman of Jamoat Kodirov A., Chairman of agriculture of the Veshkand Village Hojiev S. mullah of the Veshkand Nurov, Chairman of the Veshkand Village Najmidinov S. have prepared the given act that we have no objection to pass the part of the cemetery land for widening of Ayni – Panjakent road. All residents of the Veshkand Village agree on construction of the road. The signature follows: (See above)
Minutes Date:17.08.2012 Venue: Dar-Dar Village Meetings with ADB Representatives, the Ministry of Transport, the Local Government of Ayni region. Attended:
Nazrieva R.
Indah Setyawati
Chairman of Dar-Dar Jamoat Boytemurov A.
Head of Ayni GUSAD Sherbutaev S.
and residents of Dar-Dar village 30 persons.
Agenda:
I. The discussion of Ayni – Panjakent road construction project. II. The discussion of compensation questions to APs.
1. Indah Setyawati started first: She clarified about how densely populated Dar-Dar Village is and that during the project some of the houses will need to be demolished as a result of road widening. Specifically 3 (Three) houses are identified based on preliminary design. These AP’s will receive the replacement land and cash compensation for affected assets and other entitlements.
2. Husainov A. proposed to provide the replacement land from the territory of Dashti Mazor village.
3. Mavlonov proposed to extend the drinking water pipelines to the replacement land plots, and increase the diameter of existing pipelines could solve the issue of water supply for the whole village.
4. Nazrieva R. answered that all the issues related to compensation payment will be solved (compensation fully paid to APs) prior to commencement of construction.
5. Turahasanov T. asked for receiving the compensation as earlier as possible to be able to construct new houses prior to cold season.
Appendix 2 67
6. In the end Indah Setyawati proposed to see the place for relocation, but the issue about providing with water and electric power are already included into the compensation package offered by the project. Secretary: Hojaev S.
Minutes
Date: 18.05.2012
Venue: Sujina village
Meeting with ADB Representatives, the Ministry of Transport, the Local Government of Panjakent city and residents of Sujina Jamoat. Attended:
Nazrieva Rangina, ADB
Indah Setyawati, ADB
Muhidinov Z., Head of District Capital Construction Department
Isrofilova N.
Mirzoev A., PIU/MoT representative
Jumaev Rahmatullo Leading Specialist of District’s Architect office
And residents of Sujina Jamoat (the list is attached)
Agenda:
I. The discussion of Ayni – Panjakent road construction project. II. Questions and Answers.
1. Nazrieva R. started the meeting and clarified about Ayni – Panjakent road rehabilitation project, emphasizing that the key objective of the meeting is to listen to all ideas, suggestions and feedback coming from the residents and think through the ways to address them practically. 2. There are 3 butcheries within the Right of Way which need be relocated due to bridge reconstruction. District’s architect office assigned another land plots for these butcheries so that they continue their business operations there. 3. All Affected Persons will be paid cash compensation not only for construction, but for the land, trees and etc. if the latter are affected. 4. It is important to set the Commission to address complaints and issues arising during the road construction. It’s called Grievance Redress Committee. Everybody agreed with this proposal and the following persons have been proposed as Commission members:
Chairman of Jamoat - Malihanov S.,
Deputy Chairman/Chairman of Jamoat Women Committee - Isrofilova N.
Representative of Sanitary Epidemiologic Station and Representative of Land Committee - Akaboev R.
Head of Jamoat Resource Center - Shodiev A.
Representative of Affected Persons - Rahmonov Ahadqul.
68 Appendix 2
5. Then the meeting followed by questions and answers:
(i) Mahmadshoev proposed to provide a land for the Affected Persons if there will be such cases.
(ii) Nazrieva R. answered: surely, in case of any land acquisition required by the project, replacement land plots will be provided in addition to cash compensation. Since currently no land acquisition is anticipated, no discussions held about allocating land to the APs.
6. All residents asked to consider sealing (asphalt) the road around the mosque. It was promised by PIU representative that the request will be considered during the engineering design work.
(i) Jumaev R. stated that the places for the butcheries are already defined and by 1st of June all butcheries will be relocated.
(ii) Ziyoev H. proposed to construct the underground crossing around the school.
(iii) Nazrieva R. – It will be taken it into account during the engineering design and addressed, if possible.
Appendix 3 69
PUBLIC INFORMATION BROCHURE
Ayni-Penjikent-Uzbekistan Border Road Project (Funded by the Asian Development Bank) Executing Agency: Ministry of Transport and Communications Expected start of Implementation Winter 2013
A. Project Description
1. The Project Road transverses Ayni and Penjikent Districts and its main activities will mainly focus on road rehabilitation and reconstruction of the existing road and bridges along the 113 km of Ayni-Penjikent-Uzbekistan Border Road. The project road, part of the historical Silk Road, comprises a 40-km category IV section and a 73-km category III section and runs in the east-west direction, west ends at the border with Uzbekistan and east crossing Penjikent and Ayni districts before connecting with the country’s main north-south transport artery. The project road has been devastated and had not been restored for more than 40 years. Improvements to this road will bring impoverished communities better accessibility to markets and social services, stimulate the development of constrained tourism and mining industries, ultimately improving living standards long due for this region. To rehabilitate and reconstruct the project road some temporary and permanent losses on private lands, structures and business activities are envisaged. 3. To compensate and/or rehabilitate these losses the provisions of relevant Tajikistan laws and of the Asian Development Bank (ADB) Policy on Involuntary Resettlement is being adopted. This has included the preparation of a Land Acquisition and Resettlement Plan (LARP) providing data on impacts and affected families and indicating in detail how the impacts will be compensated or rehabilitated. The LARP in Russian will be available for perusal to anyone interested both at the local and at Dushanbe offices of MOT. 4. This Leaflet summarizes the LARP provisions and is provided to all the families whose land, houses or other assets and incomes are affected by this Project. The objective is to inform them of the compensation and rehabilitation policy included in the LARP and of a few basic modalities of implementation of the Compensation and Rehabilitation. (i) Principles for Compensation of the Affected Families Principles for the compensation/rehabilitation of families affected by this Project are:
Involuntary resettlement is to be avoided, if unavoidable, minimized with all viable options.
The AF should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the Project.
The AF should be fully informed/consulted in resettlement and compensation options.
Local socio/cultural institutions should be supported / used to the greater extent possible.
Lack of formal legal land title should not be a bar to compensation or rehabilitation.
Compensation will be provided to the AF at full replacement cost of the affected assets free of deductions for salvaged materials, depreciation or fees/taxes.
Particular attention should be paid to AF headed by women and other vulnerable groups, and appropriate assistance provided to help them improve their status.
70 Appendix 3
Land/other compensation/rehabilitation provisions will equally apply to women and men.
Land acquisition and resettlement will be conceived and executed as an integral part of the Project and related budgets will be included in Project costs.
Compensation will be fully provided prior to ground leveling and demolition.
B. Compensation Policy 5. All families residing in affected areas, holding affected assets or incomes before the eligibility cut-off date, to be the final day of the impacts survey will be entitled to compensation for their losses, as per Table A1-3 below.
Table A1-2: Compensation Entitlements Matrix
ASSETS DISPLACED PERSONS PROPOSED ENTITLEMENTS
Residential/ Commercial Land
Residential rights holder Provision of alternative land or provision of cash allowance for loss of land use rights equivalent to land lease rates multiplied by 25 years.
Houses and Structures
All relevant DPs. Cash compensation at replacement rate for affected structure/other fixed assets free of salvageable materials and transaction costs. All buildings will be compensated in their entirety
Business or Employment loss; temporary or permanent
All DPs For business owner: cash compensation for the period of business interruption. The compensation is assessed at :
Actual daily net income for each type of businesses
as surveyed during the RP preparation.
Or as per tax declaration or at the maximum non-
taxable income.
Permanent worker/employers: Indemnity for lost wages for business stoppage of up to three months salary.
Allowance for severe impacts (More that 10% of income loss)
All severely DPs APs who lose more than 10% of their income or who will be relocated. Additional compensation by cash allowance equal to 6 months of minimal salary will be applied uniformly to all APs who suffered severe impact losses
Relocation allowance
All relocated DPs Provision of sufficient allowance to cover transport expenses and basic livelihood expenses for the transitional period
Communal/ Public assets
Rehabilitation/substitution in kind or cash at replacement cost of affected items and rehabilitation of their functions
Vulnerable DPs
DPs below poverty line and households headed by single woman.
Employment priority in Project-related jobs
Cash contribution equal to three months’ official minimum salary.
Appendix 3 71
C. Compensation rates for loss of land use rights, incomes and buildings
Type of Loss Basis of Rate Determination
Loss of Residential or Commercial Land
Provision of a new residential land plot in the relocation area with similar condition and facilities with the affected land
Provision of alternative land or rehabilitation cash allowance for loss of land use rights equal to the current land lease rates multiplied by 25 years ($2.5 per m2)
Provision of full title/land use rights of the replacement plot for the relocated DPs
Provision of land titling and preparation allowance of TJS 245 for the land tittle and TJS 3600 for land preparation for the relocated DPs
Structures All affected structures, including houses, outbuildings, sheds, barns, driveways, pumps, ovens and fountains are individually assessed by engineers and assessors from the District Administrations.
Businesses Cash compensation of loss income for the business owners for the period of business interruption.
Cash compensation of lost wages for the workers during the business stoppage based on the existing salary rate as recorded by the business owner.
Allowance for households to be relocated
1. A transportation allowance of TJS 150 per household
2. A livelihood rehabilitation (severe impacts) allowance of TJS 480 (equal to 6 months minimum salary)
Allowance for vulnerable households
An allowance of TJS 240 (equal to three months’ minimum salary)
D. Grievance Mechanism during Resettlement and Construction Period
72 Appendix 3
The displaced persons have the right to file complaints and/or queries on any aspect of land acquisition compensation and resettlement or any other issues during project implementation. To ensure that grievances are properly addressed, a grievance redress mechanism has been established: Step 1: Complaints will be lodged at the Jamoat level, where all the relevant representatives
(land and environmental specialists, Deputy jamoat chairperson, responsible for gender policy, Jamoat Resource Center representatives), representatives of the affected households and MOT representative, will attempt to resolve the issue. A standard grievance registration form was prepared and given for comments and perusal to Hukumats and Jamoats officials. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee, and the receipt of the complaint given to the affected person. The period fixed for resolution of complaints is 14 calendar days the latest. Step 2: If the complaint is not addressed at Jamoat level, Affected Person will apply to the district level LAR Committee/ for solution. The LARC should invite MOT/PIU representative once they registered the complaint. Similar to jamoat level complaint will be applied to register and file all the complaints from the APs. The period for resolution of a complaint is 16 calendar days. Step 3: If no solution is reached within 16 days, the affected person can submit her/his case to the appropriate court of law, with all costs paid for by the project.
Contact Details for Inquiry
M.Negmatov Project Executive Director, Project Implementation Unit Telephone No: +992 37 2215673 E-mail: [email protected] Address: 14 Ayni Street, Dushanbe, Republic of Tajikistan
G.Boronov Deputy Executive Director, Project Implementation Unit Telephone No: +992 918 985610 E-mail: [email protected] Address: 14 Ayni Street, Dushanbe, Republic of Tajikistan
Prepared: May 2012
Appendix 4 73
LOCAL COMMUNITIES’ COMMENTS MATRIX
The comments received from local communities in Ayni and Panjakent district during series of formal and informal meetings are summarized in the following table:
Stakeholders Received comments
Representatives of Ayni and Panjakent district local government
-Footpaths, road lights and under-passes near social institutions (schools, hospitals etc.) should be thought through
-To start road construction as early as possible
Temporarily affected businesses located close to the road in Dardar village of Ayni district
-The road should be built considering safety standards especially in the urban/populated areas
-Footpaths should be considered during the design and construction of the project road
- Constructed and improved road will reduce our transportation cost top deliver goods from Dushanbe to Ayni/Panjakent
Population (members of Affected Households) along the Ayni-Panjakent Road from Ayni and Panjakent districts
-To think of under-passes and other safety measures for schools, hospitals and market places
-To seal the surroundings of village mosque and a market square with asphalt (Sujina village)
-To consider footpaths where possible
74 Appendix 5
GRIEVANCE REGISTRATION FORM
To: Representative of Grievance Review Committee (GRC) in ___________________ district
From: Mr/Mrs. _________________________ affected household by land acquisition and resettlement activities in _________ village, __________ jamoat, ___________ district.
Letter of Complaint
Sincerely Head of household: ________________________________________ (Full name) Signature: ____________________________ Date: __________________
________________________________________________________________________________________________ Complete the second part of the complaint letter and hand it over to the person complaining (cutting line) This letter of complaint was received by _________________________________, ________________ (Full name) (Position)
Representative of GRC in ____________________ district, road section No__ Signature: ________________ Date: ____/_______________/201__ For records and further action taken by Grievance Redress Committee, keep this part of your complaint letter and bring it every time you are called for review/resolution of your complaint by the Grievance Redress Committee.
Appendix 5 75
Letter of complaint of Mr/Mrs ______________________________, who have been affected by land acquisition and resettlement activities, living in ____________ village at road section No__ was reviewed by the GRC members, local hukumat and jamoat and other representatives of the displaced persons.
Summary of the affected person’ issue:
Resolution of the issue:
Representative of the GRC in _____________district, road section #__ __________________________________, ______________________ Signature: ______________
(Full name) (position) Date: ___/____/201__ Displaced person Mr/Mrs _________________________________________(head of household) agreed / disagreed (please circle what appropriate) with the resolution of GRC. __________________ _____________________ (Signature) (Date) In case of disagreement with the GRC resolution the affected person should lodge his/her complaint to Project Implementation Unit under MOTC for further review and recommendation.
Representative of the GRC in _____________district, road section #__ __________________________________, ______________________ Signature: ______________
(Full name) (Position) Date: ___/____/201__ Displaced person Mr/Mrs _________________________________________(head of household) agreed / disagreed (please circle what appropriate) with the resolution of GRC. __________________ _____________________ (Signature) (Date) In case of disagreement with the GRC resolution the affected person should lodge his/her complaint to Project Implementation Unit under MOTC for further review and recommendation. Contact details at MOTC:
76 Appendix 5
M.Negmatov
Project Executive director,
Project Implementation Unit
Address: 14 Ayni street, Dushanbe,
Republic of Tajikistan
Telephone number: +992 37 221 56 73
E-mail: [email protected]
G. Boronov
Deputy Executive Director,
Project Implementation Unit
Address: 14 Ayni street, Dushanbe,
Republic of Tajikistan
Telephone number: +992 918 98 56 10
E-mail: [email protected]
Appendix 6 77
THIRD PARTY INSURANCE
Under the construction contract between the Ministry of Transport (the Employer) and the construction company that will construct the road (the Contractor), the Contractor must provide insurance policy for damages to persons and property, covering the construction period (36 months) and, in addition, the Defects Notification Period of 12 months. The total period of insurance is 4 years, but it may be longer or shorter, depending on whether the Contractor finishes the works before or after the due time. The Contractor’s obligations are expressed in Sub-Clause 18.3 of the Conditions of Contract, which is reprinted as follows. 18.3 Insurance
against Injury to Persons and Damage to Property
The insuring Party shall insure against each Party’s liability for any loss, damage, death or bodily injury which may occur to any physical property (except things insured under Sub-Clause 18.2 [Insurance for Works and Contractor’s Equipment]) or to any person (except persons insured under Sub-Clause 18.4 [Insurance for Contractor’s Personnel]), which may arise out of the Contractor’s performance of the Contract and occurring before the issue of the Performance Certificate. This insurance shall be for a limit per occurrence of not less than the amount stated in the Contract Data, with no limit on the number of occurrences. If an amount is not stated in the Contract Data, this Sub-Clause shall not apply. Unless otherwise stated in the Particular Conditions, the insurances specified in this Sub-Clause: (a) shall be effected and maintained by the Contractor as
insuring Party,
(b) shall be in the joint names of the Parties,
(c) shall be extended to cover liability for all loss and damage to the Employer’s property (except things insured under Sub-Clause 18.2) arising out of the Contractor’s performance of the Contract, and
(d) may however exclude liability to the extent that it arises
from:
(i) the Employer’s right to have the Permanent Works
executed on, over, under, in or through any land, and to occupy this land for the Permanent Works.
(ii) damage which is an unavoidable result of the Contractor’s obligations to execute the Works and remedy any defects, and
(iii) a cause listed in Sub-Clause 17.3 [Employer’s Risks], except to the extent that cover is available at commercially reasonable terms.
78 Appendix 6
Some important aspects of the third party insurance
i. It protects either of the two parties (the Employer or the Contractor, individually, or both together) against claims for damages that third parties, like local property owners, for example, may have suffered during, and one year after the construction of the road.
ii. The insurable events include actions of the Contractor and the Employer that have caused
damages or losses to property, as well as physical injuries to persons other than the Employer’s or Contractor’s personnel. The insurance covers damages caused by direct physical impact of the Contractor’s equipment, vibration, Contractor’s or Employer’s design, or by other activities related to the construction of the road.
iii. The Contractor must provide this insurance within 28 days from the commencement of the
Contract.
iv. The insurance is in the names of both parties. In consequence, a person who suffered certain damages as a result of an action of the Employer or the Contractor during the period of insurance (the Claimant) may chose to claim against the Contractor only, or against the Employer, or against both.
v. The insurance company (the Insurer) may be a local or an international entity.
vi. The terms of insurance may vary, depending on the Insurer. However, a common feature
of all insurance policies is that all claims must be raised as soon as practicable. vii. In addition, the Employer or the Contractor must notify the Insurer of any potential claim
within the period specified in the insurance policy. The period may be one to two weeks; rarely does it exceed two weeks.
viii. If the Claimant does not notify the Employer or the Contractor of his or her intention to
claim damages within the period specified in the insurance policy, the insurer may refuse to pay the claimed damage. In this case, the Claimant, could still seek damages from the Employer, or the Contractor, or both and if they refuse to pay, the Claimant may take legal action under the Tajik law. However, this is a long, uncertain and costly procedure in all countries in the world and it should be used only as the last resort.
Claim Procedure
ix. The Claimant may address his or her claim for damages to the Contractor, or to the Employer, or to both of them. Probably the safest way should be to address the notification of the claim or the claim itself to both Parties.
x. The Claimant may chose to write first a Notice of Claim, immediately after the event which
caused the damage, and then to write a full claim, providing particulars of the damages and details of the compensation claimed. Alternatively, the Claimant may submit only a claim. In either case, it is advisable to submit the complete claim not later than 7 days after the damaging event. While the Notice of Claim is an option, the submission of a detailed claim is a must.
Appendix 6 79
xi. Once the Employer or the Contractor receives the claim, they have an obligation to notify the Insurer, which should then send its representatives to verify the Claimant’s allegations, investigate the causes and assess the damages.
xii. After that the Insurer decides whether the claim is justified, and if so, whether to pay a part
or the entire claim. xiii. The Insurer will reject the entire claim if it is not justified. Furthermore, the Insurer may
refuse to pay damages, or to pay only a part of a justified claim. This could happen for many different reasons: if the insured parties did not notify the Insurer of the claim/notice of claim within the period specified in the insurance policy; or the Contractor or the Employer were grossly negligent, or the particular damage or a particular action is excluded from the insurance, etc. In such a case the Contractor or the Employer may still accept liability for a part or the entire amount of the claimed damages and pay the difference to the Claimant.
xiv. However, if after the Insurer does not pay a part or the entire claim, and one or both
parties also refuse to pay either the entire claim, and the Claimant believes that his or her claim is justified, the Claimant may take legal action against either or both parties. It is essential to note that the Claimant does not have any claim against the Insurer, but only against one or both parties.
Writing the Claim
xv. The recommended claiming procedure consists of two steps: first, writing a Notice of
Claim and then submitting a claim with all particulars and supporting documents.
xvi. The Claimant should submit a Notice of Claim, immediately after the event which caused the damage. The notice will enable the Contractor and the Employer to discharge their obligation to notify the Insurer promptly of a potential claim.
xvii. The notice must provide the essential information of the event: the date, the location, the
name of participants, and the action of the Contractor or the Employer that has caused the damage. The Claimant must also state that he or she intends to claim damages and will provide particulars as soon as he or she ascertains the damages. The purpose of the notice is to inform the Contractor or the Employer of the event until the Claimant assesses and evaluates in detail the damages and prepares all particulars of the claim.
xviii. If the Claimant can assess the damages immediately after it has occurred, he or she may
chose to submit a claim without writing any notice. In this case, the Claimant should submit the claim as soon as practicable, but not later than, say, 7 calendar days after the event.
xix. In the Claim, the Claimant should provide detailed information of the event, the supporting
documents, such as witness statements, certificates from Hukumats, if any, and it must state the claimed amount of damages.
80 Appendix 6
Grievances procedure if the Claim is refused xx. If the Insurer refuses to pay the entire or a part of the amount claimed, the Claimant, may
still be entitled to the full amount of the claimed damages from the Contractor or the Employer.
xxi. If the Contractor or the Employer, too, refuses to pay a part or the entire amount of
damages to which the Claimant believes to be entitled, the Claimant may sue the Contractor, or the Employer, or both.
Appendix 7 81
PUBLISHED NOTICE
82 Appendix 8
STRUCTURE VALUATION DETAILS (English Translation)
A. Table of calculating the cost of affected structure of the Mosque in Ayni District, Dardar Jamoat, Dardar Village in TJ Somoni
#
Description of affected structures
Type of material
Parameters
Volume and size
(m3 and m
2)
Market price per 1m2
and m3 as per data from
Construction Agency
Market value
Basement m
3 Wall m
2 Roof m
2 Basement
Wall Roof
1. Wall Cement 19x2.60x0.5 4.9 24.7 486.67 244.5 8,424
Total: x x x x x x x x 8,424 Prepared by Lead Specialist of State Unitary Enterprise on valuation according to the valuator’ license #000001 dated 15.07.2011, A. Quvvatov
B. Table of calculating the cost of affected structure of the Cemetery in Ayni District, Urmetan Jamoat, Veshkand Village in TJ Somoni
#
Description of affected structures
Type of material
Parameters
Volume and size
(m3 and m
2)
Market price per 1m2
and m3 as per data from
Construction Agency
Market value
Basement m
3 Wall m
2 Roof m
2 Basement
Wall Roof
1. Wall Cement 74x1x0.5 14.8 37 486.67 244.5 16,249
Total: x x X x x x x X 16,249 Prepared by Lead Specialist of State Unitary Enterprise on valuation according to the valuator’ license #000001 dated 15.07.2011, A. Quvvatov
C. Table of calculating the cost of affected structure of Turahasanov Dilpisand in Ayni District, Dardar Jamoat, Dardar Village in TJ Somoni
#
Description of
affected structures
Type of material
Parameters
Volume and size
(m3 and m
2)
Market price per 1m2
and m3 as per data from
Construction Agency
Market value
Basement m
3 Wall m
2 Roof m
2 Basement
Wall Roof
1. Single floor building Mud 12.4x6.6x3 14.9 74.4 37.2 486,67 42 26.7 111,550
2. Barn/Storeroom Mud 9.9x2.8x2.4 - 47.5 23.7 - 42 26.7 5,747
3. Animal barn Mud 10x3x2 8 40 20 486.67 42 26.7 4,850
4. Basement/storeroom Cement 9.9x2.8x2 27.7 - - 486.67 - - 13,491
Total: x x x x x x x X 135,638 Prepared by Lead Specialist of SUE on pricing according to the valuator’ license #000001 dated 15.07.2011, A. Quvvatov
Appendix 8 83
D. Table of calculating the cost of affected structure of Turahasanov Jumaniyoz in
Ayni District, Dardar Jamoat, Dardar Village in TJ Somoni
#
Description of affected structures
Type of material
Parameters
Volume and size (m
3
and m2)
Market price per 1m2
and m3 as per data from
Construction Agency
Market value
Basement m
3 Wall m
2 Roof m
2 Basement
Wall Roof
1. Two floor building
Cement,Mud 18x7x6 44.40 222 108 486,67 244.5 26.7 188,621
2. Animal barn Mud 4x5x2.8 4.48 22.4 11.2 486.67 42 26.7 2,716
Total: X x x x x x x x 191,337 Prepared by Lead Specialist of SUE on pricing according to the valuator’ license #000001 dated 15.07.2011, A. Quvvatov
E. Table of calculating the cost of affected structure of Turahasanov Turahasan in Ayni District, Dardar Jamoat, Dardar Village in TJ Somoni
#
Description of affected structures
Type of material
Parameters
Volume and size
(m3 and m
2)
Market price per 1m2
and m3 as per data
from Construction Agency
Market value
Basement m
3 Wall m
2 Roof m
2 Basement
Wall Roof
1. Single floor building
Mud 11.2x6.8x3 28.6 143 33.6 486,67 42 26.7 97,000
2. Animal barn Mud 12x12x3 14.4 72 36 486.67 98 26.7 8,730
Total: x x x x x x x x 105,730 Prepared by Lead Specialist of SUE on pricing according to the valuator’ license #000001 dated 15.07.2011 A.Quvvatov
F. Table of calculating the cost of affected structure of Sanginov Karomiddin in
Panjakent District, Sujina Jamoat, Sujina Village in TJ Somoni
#
Description of affected structures
Type of material
Parameters
Volume and size
(m3 and m
2)
Market price per 1m2
and m3 as per data
from Construction Agency
Market value
Basement m
3 Wall m
3 Roof m
2 Basement
Wall Roof
1. Wall Mud 4x2x0.4 0.8 3.2 - 486,67 105 - 725
Total: x x x x x x x x 725 Prepared by Lead Specialist of SUE on pricing according to the valuator’ license #000001 dated 15.07.2011 A.Quvvatov
84 Appendix 8
G. Table of calculating the cost of affected structure of Rahmonov Ahadqul in
Panjakent District, Dardar Sujina Jamoat, Sujina Village in TJ Somoni
#
Description of affected structures
Type of material
Parameters
Volume and size
(m3 and m
2)
Market price per 1m2 and
m3 as per data from
Construction Agency
Market value
Basement m
3 Wall m
3 Roof m
2 Basement
Wall Roof
1. River bank reinforcement
Concrete 8.5x5x0.7 - 29.75 - - 486,67 - 14,478
Total: x x x x x x x x 14,478 Prepared by Lead Specialist of SUE on pricing according to the valuator’ license #000001 dated 15.07.2011 A.Quvvatov
H. Table of calculating the cost of affected structure of Narzulloev Shams in Panjakent District, Dardar Sujina Jamoat, Sujina Village in TJ Somoni
#
Description of affected structures
Type of material
Parameters
Volume and size (m
3 and
m2)
Market price per 1m2 and
m3 as per data from
Construction Agency
Market value
Basement m
3 Wall m
3 Roof m
2 Basement
Wall Roof
1. River bank reinforcement
Concrete 8.5x5x0.7 - 29.75 - - 486,67 - 14,478
Total: x x x x x x x x 14,478 Prepared by Lead Specialist of SUE on pricing according to the valuator’ license #000001 dated 15.07.2011 A.Quvvatov
Appendix 9 85
REPLACEMENT LOTS
Replacement Lot – Turahasanov Dilpisand
Replacement Lot – Turahasinov Jumaniyoz
Replacement Lot – Turahasanov Turahasan
86 Appendix 9
AYNI MAYOR’S DECREE FOR THE REPLACEMENT LANDS
Appendix 9 87
AYNI MAYOR’S DECREE FOR THE REPLACEMENT LANDS
(English Translation)
Chairman of Ayni district Decree Dated 28.05.2012 On allocating land plots to residents of Dardar village from amongst non-agricultural lands Decree, according to the Articles 19 and 20 of the Constitutional Law of the Republic of Tajikistan ―On local government authorities‖, articles 71 and 71.1 of the Land Code of the Republic of Tajikistan and aimed at providing replacement land plots to residents of Dardar village affected by the rehabilitation of Ayni-Panjakent road: 1) Provide land plots totaling 0,18Ha to residents of Dardar village of Dardar jamoat Turahasanov Turahasan, Turahasanov Dilpisand, Turahasanov Jumaniyoz out of non-agricultural land of Sughdiyaon dehkan farm in Novdonak village; 2) District Land Committee should officially register land regulatory document according the existing legislation and take necessary actions for timely provision of land use certificates to the abovementioned persons; 3) Department of architecture and construction of the local authorities is responsible for developing and submitting the master plan for the replacement land plots; 4) First Deputy Chairman Qosimov A.S. shall be responsible for supervising the implementation of this Decree. Chairman of the district R.Rahmatov
88 Appendix 9
AP STATEMENTS
Appendix 9 89
AP STATEMENTS (English Translation)
To Chairman of Ayni district Mr. Rahmatov R.M. From the resident of Dardar village Turahasanov Jumaniyoz I am satisfied with the allocated 0,06Ha of replacement land plot in Novdonak village. I will construct residential house in the replacement land plots after I get cash compensation for demolishing my house, to be affected by Ayni-Panjakent road rehabilitation. Signature/Turahasanov Jumaniyoz, 21.05.2012 To Chairman of Ayni district Mr. Rahmatov R.M. From the resident of Dardar village Turahasanov Dilpisand I am satisfied with the allocated 0,06Ha of replacement land plot in Novdonak village. I will construct residential house in the replacement land plots after I get cash compensation for demolishing my house, to be affected by Ayni-Panjakent road rehabilitation. Signature/Turahasanov Jumaniyoz, 21.05.2012 To Chairman of Ayni district Mr. Rahmatov R.M. From the resident of Dardar village Turahasanov Turahasan I am satisfied with the allocated 0,06Ha of replacement land plot in Dashti Mazor village. I will construct residential house in the replacement land plots after I get cash compensation for demolishing my house, to be affected by Ayni-Panjakent road rehabilitation. Signature/Turahasanov Turahasan, 21.05.2012