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THE ROADS DEPARTMENT OF THE MINISTRY OF REGIONAL DEVELOPMENT AND INFRASTRUCTURE IN GEORGIA

INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT

Kakheti Regional Roads Improvement Project (KRRIP) (P117152)

SLRP III Preparation of Feasibility Study and Bidding Documents for Design- and-Build Contract for Rehabilitation of Bypass of Bakurtsikhe-Gurjaani Road Section under Kakheti Regional Roads Improvement ProjectKRRIP/CS/QCBS-03

Addendum to the Resettlement Action Plan

The Roads Department of the Ministry of Regional Development and

Infrastructure of Georgia

Preparation of Feasibility Study and Bidding Documentation for

Design- and-Build Contract for Rehabilitation of Bypass

Bakurtsikhe-Gurjaani Road Section under Kakheti Regional Roads

Improvement Project

KRRIP/CS/QCBS-03

Resettlement Action Plan

Addendum Kakheti Regional Roads Improvement Project

KRRIP / P117152

SLRP III

August 2016

CURRENCY EQUIVALENTS

(as of 29 August 2015)

Currency Unit – Lari (GEL)

$1.00 = GEL 2. 29

ABBREVIATIONS

ACS – Acquisition and Compensation Scheme

CSC – Construction Supervision Consultant

AH – Affected Household

AP – Affected Person

CBO – Community Based Organization

DGPS Differential Global Positioning System

DMS – Detailed Measurement Survey

RDRD – Road Development and Resettlement Division

GoG – Government of Georgia

GRCE – Grievance Redress Committee

GRCN - Grievance Redress Commission

IA – Implementing Agency

IFI - International Financial Institution

IP – Indigenous Peoples

EMA – External Monitoring Agency

km – Kilometre

LAR – Land Acquisition and Resettlement

LARC – Land Acquisition and Resettlement Commission

LARF – Land Acquisition and Resettlement Framework

RAP – Resettlement Action Plan

M&E – Monitoring and Evaluation

MFF – Multitranche Financing Facility

MOF – Ministry of Finance

MPR – Monthly Progress Report

MRDI – Ministry of Regional Development and Infrastructure

NAPR – National Agency of Public Registry

NGO – Non-Governmental Organization

OP 4.12 World Bank Involuntary Resettlement policy document

PEMI – Persons Experiencing Major Impact

PFR – Periodic Financing Request

PPR – Project Progress Report

PPTA – Project Preparatory Technical Assistance

PRRC – Property Rights Recognition Commission

RAP Resettlement Action Plan

R&R – Resettlement and Rehabilitation

RD – Roads Department

RDMRDI – Roads Department of the Ministry of Regional Development

and Infrastructure of Georgia

RoW – Right of Way

RU – Resettlement Unit

SES – Socioeconomic survey

ETCIC – Eurasian Transport Corridor and Investment Center

WB - World Bank

Contents

1 INTRODUCTION ..................................................................................................................................... 16

1.1 PROJECT BACKGROUND ................................................................................................................................... 16

1.2 THE IMPACTS CORRIDOR ................................................................................................................................. 18

1.3 MINIMIZING LAND ACQUISITION AND RESETTLEMENT .............................................................................. 18

1.4 RAP PREPARATION .................................................................................................................................. 19

1.5 CONDITIONS FOR PROJECT IMPLEMENTATION ........................................................................................... 20

2 CENSUS AND IMPACT ASSESSMENT .................................................................................................... 21

2.1 INTRODUCTION ........................................................................................................................................ 21

2.2 IMPACT ON LAND, OTHER ASSETS AND INCOME ............................................................................................. 21

2.2.1 Impact on Crops ................................................................................................................................. 24 2.2.2 Impact on Trees .................................................................................................................................. 24

2.2.3 Impact on Buildings/Structures ......................................................................................................... 25 2.2.3.1 Type of Affected Structures ........................................................................................................................25

2.2.4 Relocation Needs and Strategy .......................................................................................................... 25

2.2.5 Business Impacts ................................................................................................................................. 26 2.3 APS AND COMMUNITIES ........................................................................................................................... 26

2.3.1 Impact on Employment and Agricultural Tenants ........................................................................... 26 2.3.2 Impact on Common Property Resources ........................................................................................... 26

2.3.3 Severely Affected and Vulnerable Households ................................................................................. 26 2.4 GENDER AND RESETTLEMENT IMPACTS ..................................................................................................... 26

2.5 SUMMARY OF IMPACTS ............................................................................................................................. 26

3 SOCIOECONOMIC INFORMATION ...................................................................................................... 28

3.1 INTRODUCTION ........................................................................................................................................ 28

3.2 AFFECTED POPULATION .................................................................................................................................. 28

3.2.1 Demography ....................................................................................................................................... 28 3.2.2 AH Ethnicity ...................................................................................................................................... 28

3.2.3 Level of Education of APs .................................................................................................................. 28 3.3 AGRICULTURE AND LAND RESOURCES ...................................................................................................... 29

3.3.1 Land Holding Status ........................................................................................................................... 29 3.4 ECONOMY OF AHS ................................................................................................................................... 29

3.4.1 Major Economic Activities ................................................................................................................ 29 3.4.2 Annual Income of AHs ...................................................................................................................... 29 3.4.3 Household Assets and Durables ......................................................................................................... 30 3.4.4 Prevalence of Debt ............................................................................................................................. 30 3.4.5 Access to Energy, Drinking Water and Civic Facilities..................................................................... 30 3.4.6 Access to Health Centre, Schools and Road ...................................................................................... 30

3.4.7 Cultural Values ................................................................................................................................... 30 3.5 GENDER ISSUES ......................................................................................................................................... 31

3.6 ASSESSMENT OF LIVING STANDARDS AND ATTITUDE TOWARDS THE PROJECT ............................................ 32

4 LEGAL AND POLICY FRAMEWORK ..................................................................................................... 34

4.1 GEORGIA’S LAWS AND REGULATIONS ON LAND ACQUISITION AND RESETTLEMENT ................................... 34

4.2 INVOLUNTARY RESETTLEMENT REQUIREMENTS UNDER THE WORLD BANK INVOLUNTARY RESETTLEMENT

POLICY (OP 4.12) .................................................................................................................................................. 35

4.3 COMPARISON OF GEORGIAN LAWS AND PROCEDURES ON LAND ACQUISITION AND RESETTLEMENT AND

WB’S OP 4.12 REQUIREMENTS ON INVOLUNTARY RESETTLEMENT ......................................................................... 36

4.4 PRINCIPLES AND PROCEDURES OF LAND ACQUISITION .............................................................................. 38

5 COMPENSATION ELIGIBILITY AND ENTITLEMENTS ........................................................................ 40

5.1 COMPENSATION MATRIX ................................................................................................................................. 40

5.2 ELIGIBILITY .............................................................................................................................................. 43

5.3 DEFINITION OF ENTITLEMENTS ................................................................................................................. 43

5.4 ASSESSMENT OF COMPENSATION UNIT VALUES ........................................................................................ 45

5.5 EXPROPRIATION AND LEGALIZATION ........................................................................................................ 45

6 INSTITUTIONAL ARRANGEMENTS ...................................................................................................... 46

6.1 RDMRDI ................................................................................................................................................. 46

6.2 CONSULTANTS .......................................................................................................................................... 46

6.3 LOCAL GOVERNMENTS ............................................................................................................................. 47

6.4 OTHER AGENCIES AND INSTITUTIONS ....................................................................................................... 47

7 PUBLIC CONSULTATION, PARTICIPATION AND DOCUMENTS DISCLOSURE ................................ 49

8 COMPLAINTS AND GRIEVANCES......................................................................................................... 51

9 IMPLEMENTATION SCHEDULE ............................................................................................................ 54

10 COSTS AND BUDGET .............................................................................................................................. 56

10.1 INTRODUCTION ........................................................................................................................................ 56

10.2 BUDGET .................................................................................................................................................... 56

10.2.1 Land Compensation ....................................................................................................................... 56 10.2.2 Buildings and Structures Compensation ....................................................................................... 56 10.2.3 Perennial plants compensation ..................................................................................................... 57 10.2.4 Business interruption compensation ............................................................................................. 58 10.2.5 Crops compensation ....................................................................................................................... 58 10.2.6 Allowances ..................................................................................................................................... 58

10.2.7 Administrative costs ...................................................................................................................... 59 10.3 AGGREGATE BUDGET ................................................................................................................................ 60

11 MONITORING AND EVALUATION ....................................................................................................... 61

11.1 INTERNAL MONITORING ........................................................................................................................... 61

11.2 EXTERNAL MONITORING .......................................................................................................................... 61

Figures

Fig. 1 Project status

Fig.2 Project affected houses

Appendices

Appendix 1 Public consultations

GLOSSARY

Beneficiary Community: All persons and households situated within the state owned or acquired

property who voluntarily seek to avail and be part of the Project and represented by a community

association duly recognized by the community residents, accredited by the local government, and

legally registered with the appropriate institutions.

Compensation: Payment in cash or in-kind of the replacement cost of the acquired assets.

Entitlement: Range of measures comprising compensation, income restoration, transfer assistance,

income substitution, and relocation which are due to affected people, depending on the nature of

their losses, to restore their economic and social base.

Improvements: Structures constructed (dwelling, fence, waiting sheds, animal pens, utilities,

community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household,

institution, or organization.

Land Acquisition: The process whereby a person is compelled by a government agency to alienate

all or part of the land a person owns or possesses to the ownership and possession of the government

agency for public purpose in return for a consideration.

Affected People (AP): Individuals affected by Project-related impacts.

Affected Household (AH): All members of a household residing under one roof and operating as a

single economic unit, who are adversely affected by the Project. It may consist of a single nuclear

family or an extended family group.

Rehabilitation: Compensatory measures provided under the Policy Framework on involuntary

resettlement other than payment of the replacement cost of acquired assets.

Relocation: The physical relocation of a AP/AH from her/his pre-Project place of residence.

Replacement Cost: The value determined to be fair compensation for land based on its productive

potential and location. The replacement cost of houses and structures (current fair market price of

building materials and labour without depreciation or deductions for salvaged building material),

and the market value of residential land, crops, trees, and other commodities. This includes all

transaction costs such as taxes and land registration fees.

Resettlement: All measures taken to mitigate any and all adverse impacts of the Project on AP’s

property and/or livelihood, including compensation, relocation (where relevant), and rehabilitation

of the damaged/removed infrastructure and installations.

Sakrebulo: Representative body of local self-government. The middle level of local government

consists of 67rayons (districts) and six cities in Georgia: Tbilisi, Kutaisi, Rustavi, Poti, Batumi and

Sokhumi. The representative branch of rayon level is the rayon level Local Councils (Rayon

Sakrebulo) and the executive branch is represented by Rayon Gamgeoba (Gamgebeli).The self-

government level consists of settlements (self-governed cities) or groups of settlements

(municipalities). Settlements could be villages, small towns (minimum 3,000 inhabitants) and cities

(minimum 5,000 inhabitants). The representative and executive branches of self-government are

represented accordingly by Local Council (Sakrebulo) and the Gamgebeli of municipal level. The

exclusive responsibilities of self-government include land-use and territorial planning, zoning,

construction permits and supervision, housing, and communal infrastructure development.

Vulnerable groups – People who by virtue of gender, ethnicity, age, physical or mental disability,

economic disadvantage, or social status be more adversely affected by resettlement than others and

who may be limited in their ability to claim or take advantage of resettlement assistance and related

development benefits.

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EXECUTIVE SUMMARY

1. Bakurtsikhe-Gurjaani bypass road represents the component of Kakheti Regional Roads Improvement

Project (KRRIP) funded by the Government of Georgia and the World Bank. The bypass road starts

from Tbilisi-Bakurtsikhe-Lagodekhi and Bakurtsikhe-Telavi-Akhmeta cross road and ends at

Bakurtsikhe-Telavi-Akhmeta road. The road mainly uses original road corridor built in the 1980s, but

also envisages new realities. The main difference is that the new road will bypass those areas, which

have been developed and used since the 1980s.

2. The road covers approximately 15 km road section in Kakheti region from Village Bakurtsikhe till

Village Chumlaki, Gurjaani Region. This section is the part of Akhmeta - Telavi - Bakurtsikhe inter-

country road, which is one of the main roads of Kakheti region. The road passes through densely

populated areas and therefore the transit traffic in this area is intense with a high number of road

accidents. The arrangement of bypass road that will connect Tbilisi-Bakurtsikhe-Lagodekhi-Azerbaijan

international border road to Akhmeta-Telavi-Bakurtsikhe inter-country road bypassing the villages on

Alazani Valley - Bakurtsikhe, Kolagi, Dzirkoki, Chandari, Vejini and Chumlaki and Gurjaani Region, is

being planned (see. Figure 1).

3. The arrangement of two-lane bypass road with the circular intersections at 0 km (Chumlaki) and 15.6-

km (Bakurtsikhe) in the beginning and end of the highway is being reviewed. The arrangement of

circular intersection is also being planned on the main intersection near Gurjaani - at 9.6 km. The

arrangement of another circular intersection (at 1.7 km) that will connect to Bakurtsikhe-Tsnori

planned road is also envisaged in the future. The project also envisages the arrangement of 7 bridge

crossings, including 1 railway bridge, 12 underpasses, pipes, supporting walls, shore protection and

headworks. The roadway width is 2 x 3.5 m, with 0.5 m paved shoulders with overall width of 2.5 m.

The pavement project implementation period shall be twenty years.

4. Need of this Addendum: During the implementation process in period February-July 2016 some additional,

not envisaged earlier cases emerged requiring resettlement. During the implementation of original RAP

for the Bakurtsikhe-Gurjaani bypass road1 four AH, which residential land plots are affected by the

project, claimed that the project ROW will block the entrance of the houses. During the original RAP

preparation process the consultation company measured, calculated and valuated only impacted part of

residential land plots, so the affected four households were already included in original RAP for loss of

land only. Take into consideration the fact, that according grievances, AH will be in worse situation as

they were before project started, the project team came to the conclusion, that it is appropriate to prepare

an Addendum (which describes the impacts on houses and residual land plots) to the already approved

and implemented RAP for Bakurtsikhe-Gurjaani road section (dated October 2015). The addendum

includes precise description of impacts and inventory of losses related to all Additional Resettlement

Components in accordance with eligibility matrix approved with the main RAP. Methodology and criteria

of valuation is the same, which was used in main RAP of October 2015. With this Addendum the

Bakurtsikhe-Gurjaani bypass road will involve the physical displacement of a combined total of 8

households.

5. This Addendum to the resettlement action plan (RAP) meets the requirements of the relevant laws of

Georgia, the WB Policy OP 4.12 on Involuntary Resettlement and the requirements of Land

Acquisition and Resettlement Framework document SLRP III1. The Addendum to resettlement plan has

been developed based on the results of:

(a) detailed measurement works;

1 Original RAP: http://www.georoad.ge/uploads/files/RAP_EN_3.pdf and Resettlement Polciy Framework: http://www.georoad.ge/uploads/files/SLRP%20III%20RPF51.pdf

http://www.georoad.ge/uploads/files/RAP_EN_3.pdf

http://www.georoad.ge/uploads/files/SLRP%20III%20RPF51.pdf

11

(b) the property evaluation / field and documentary study and inventory of affected areas; (c) description of 100% of affected individuals in demographic survey and socio-economic research of all

four affected families.

6. Total land area to be acquired is 3973 sq. m of land from 7 plots. In terms of tenure the affected

land plots are distributed in accordance with the following categories:

Category 1. 5 private land plots with full registration (3883 sq. m);

Category 2. 0 private rightfully owned unregistered plots (0 sq. m);

Category 3. 2 state owned plots illegally occupied by private users (86 sq. m);

Category 4. 0 state owned unused land plots of 0 sq. m.

7. Category 3 land parcels, no compensation is paid for land but only for lost assets and improvements (eg.

Fences, crops, etc) and resettlement or livelihood restoration as required.

8. Category 4 land parcels are not subject for compensation

9. Given the limited magnitude of environmental and social impacts (see Table E-1) the project under

this RAP Addendum has classified as category “B” by the World Bank. The project location map is

shown in Figure 1.1.

10. A summary of the project impact is represented in the following table :

12

Table E-1.Summary of the project impact

# Impact Unit Q-ty 1. Total Land parcels affected No 7

2. Total land Area to be acquired Sq. m 3973

3. Category 1. Private registered plots (Legalized) No 5 Sq. m 3883

4. Category 2. Private rightfully owned unregistered plots (legalizable) No 0 Sq. m 0

5. Category 3. State Owned Plots Illegally Occupied by Private Users (Non

legalizable)

No 2

Sq. m 86

6. Category 4. State Owned Plots Not Used by Private Users No 0 Sq. m 0

7. Type 1. Private agricultural land No 0 Sq. m 3973

8. Type 2. Private non-agricultural residential land No 7 Sq. m 0

9. Type 3. Private non-agricultural commercial land No 0 Sq. m 0

10. Type 4. State owned agricultural land illegally used by private users No 0 Sq. m

11. Type 5. State owned land illegally used by private users as residential No 0

Sq. m 0

12. Type 6. State owned land illegally used by private users as commercial No 0

Sq. m 0

13 Type 7. State owned land unused No 0 Sq. m 0

14. Arable land for expected crop No 0

15. Affected fruit Trees No 191

16. Residential buildings No 4

17. Supplementary facilities No 13

18. Commercial buildings No 0

19. Fences m 341,65

20. Severely Affected Households (e.g. losing more than 10% of land) No 4

21. Vulnerable Households No 0

22. Resettled households No 4

23. AH with registered plots No 4

24. AH with legalizable plots No 0

25 AH illegally using State owned land No 1

26. AH with agricultural land plots No 0

27. AH with residential land plots (out of which 4 AH are physically displaced) No 4

13

28. AH with commercial land plots (out of which at 3 unused commercial

buildings are affected)

No 0

29. Total AH No 4

30. Total Affected Persons by land loss No

31 Total Affected persons by physical displacement No

32 Total Affected business (only loss of material assets) No 0

11. The RAP Addendum impact extends to 17 peoples (8 male and 9 females). Further, no affected HH

are vulnerable and not headed by women. Out of four AH all four (17 APs) will be resettled and they

loss also residential land plots. Special attention will be given to the resettlement impact on

women and other vulnerable groups during monitoring and evaluation of the RAP.

12. The legal and Resettlement policy framework for SRLPIII of the project on land acquisition

13. Resettlement measures have been adopted to assist the APs and/or households for their lost land and

assets, income and livelihood resources. Expropriation of land through eminent domain will not be

applied unless approach for acquisition through negotiated settlement fails. Compensation eligibility

for RAP Addendum is limited by a cut-off date as set for this project on the day of the AP Census

finalization which is 30 July 2016.

14. APs entitled for compensation or at least rehabilitation assistance under the Project are

(i) all persons with registered or rightfully owned unregistered plots losing land

(ii) tenants and sharecroppers irrespective of formal registration,

(iii) owners of buildings, crops, plants or other objects attached to the land;

(iv) persons losing business, income, and salaries.

However, the census and socioeconomic survey did not identify any impacts on tenants, sharecroppers,

businesses income or salaries. A summary entitlements matrix is included in table below:

14

Table E-2.Compensation Entitlement Matrix

Type of Loss Application Definition of APs Compensation Entitlements

Land

Permanent loss of

agricultural land

AH losing agricultural land

regardless of impact severity

Owner with full land

registration

Cash compensation at full replacement cost

or replacement land of the same value of

land lost and at location acceptable to APs

where feasible. The preferred option is cash

compensation as the land-for-land option is

not used since there are no state reserves of

public agricultural land which was

privatized during the land reform. If

residual plots become unusable the project

will acquire it in full if so the AP desires.

Owner/user of legalizable land These lands will be legalized and provided

with cash compensation at full replacement

cost.

Non-legalizable agricultural

lands (squatters/encroachers)

AH losing non-legalizable land, will not be

compensated for the value of the land.

However, they will be compensated at

replacement value for any loss of assets on

the land built before the cut-off date.

In cases where the affected land plot is the

only one used by AH and provides main

source of income, the AH will be

compensated with a single self-relocation

allowances in cash equal to 1 year of

minimum subsistence income. The Roads

Department will follow up the monitoring

during one year period.

Non-Agricultural

Land

AH losing their

commercial/residential land

Owner with full registration Cash compensation at full replacement cost

or replacement land of the same value of

land lost and at location acceptable to APs

where feasible.

Legalizable land APs ownership right to project-affected

parcel they possess will be legalized and

provided with cash compensation at full

replacement cost.

Renter/Leaseholder Rental allowances in cash for 3 months.

15

Non-legalizable non-

agricultural lands

(squatters/encroachers)

AH losing non-legalizable non-agricultural

land, will not be compensated for the value

of the land. However, they will be

compensated at replacement value for any

loss of assets on the land built before the

cut-off date.

In cases where the affected land plot is the

16


only land used for residence or providing

main source of income, the AH will be

compensated with a single self-relocation

allowances in cash equal to 1 year of

minimum subsistence income.

Buildings and Structures

Residential and non

residential

structures/assets

All AHs regardless of legal

ownership/ registration status

(including legalizable, non-

legalizable lands

(squatters/encroachers)

All impacts will be considered as full impacts

disregarding the actual impact percentage.

Impacts on residential and non-residential

structures/assets built before the cut-off date

will be compensated in cash at full replacement

costs free of depreciation and transaction costs.

Additionally, all such Ahs will receive

allowance covering transport expenses and a

livelihood expenses for the transitional period

for 3 months (see below)

Loss of Community Infrastructure/Common Property Resources

Loss of common

property resources

Community/Public Assets Community/Government Reconstruction of the lost structure in

consultation with community and restoration

of their functions

Loss of Income and Livelihood

Crops Standing crops affected or

loss of planned crop

incomes*

All AHs regardless of legal

status (including legalizable

and Informal Settlers)

Crop compensation in cash at gross market

value of actual or expected harvest.

Compensation for this item will be provided

even in case if the crops were harvested

Trees Trees affected All AHs regardless of legal



Cash compensation at market rate on the

basis of type, age, market price of product

and productive life of the trees.

The project affected person is given the

possibility to cut himself the trees in his

ownership and use the wood. In case he is

unable or denies to do so, the construction

contractor will clean the area from the

plants and store at the place allocated by the

Municipality and later will transfer to the

Municipality.

Business/Employment Business/employment loss All AHs regardless of legal



Owner: (i). (permanent impact) cash

indemnity of 1 year net income; (ii)

(temporary impact) cash indemnity of net

income for months of business stoppage.

Assessment to be based on tax declaration

or, in its absence, minimum subsistence

17


Income as only acceptable evidence.

Permanent worker/employees: indemnity

for lost wages equal to 3 months of

minimum subsistence income and trainings

on computer literacy or other to be

implemented by the RD.

Allowances

Severe Impacts >10% income loss All severely affected AHs

losing more than 10% of

affected agricultural land plot

(including informal settlers)

Agricultural income: Two-year yield from

affected land

Non agriculture income: 1additional

compensation for 3 months of minimum

subsistence income.

Relocation/Shifting Transport/transition costs All AHs to be relocated Provision of allowance covering transport

expenses and a livelihood expenses for the

transitional period for 3 months equal to 3

months of minimum subsistence income.

Vulnerable People

Allowances

AHs below poverty line,

headed by Women, disabled

or elderly

Allowance equivalent to 3 months of

minimum subsistence income** and

employment priority in project-related work

(persons with such ability) Follow up

monitoring will be conducted by the RD.

Temporary Loss

Temporary impact

during construction

All AHs Due compensation will be assessed and paid

based on this RAP during construction. All

land required for temporary use is to be

obtained by the civil works Contractor on

voluntary basis (e.g., willing buyer-willing

seller basis through an informed consent

and power of choice on the part of land

owner to agree or disagree with the

temporary land acquisition). The maximum

period for temporary use is defined as 2

years. Compensation rates to be paid should

not be less than compensation at current

market rates for the gross value of 4 year’s

harvest of crops on the affected lands. It is

also required that lands (or other assets) be

fully cleared and restored following use

18

Unforeseen

resettlement impacts,

if any

Road Department and the construction

contractor will address and

mitigate/compensate unforeseen resettlement

impact during the project in compliance with

the stipulations of this RAP.

Accidental damage to properties during

construction will be assessed and mitigated by

the RD and the contractor as per the

Environmental Management Plan and the

construction contract.

*Income expected from crops on affected agricultural land permanently used for crop cultivation during the recent years. In

case the land was permanently used for crop cultivation, but no crops have been planted (due to need of rest to this land or

illness of the farmer or any justifiable reason) for the year, when the inventory of losses was conducted, the land parcel will

be still considered as designed for crop cultivation and relevant compensations will be paid

** Minimum subsistence income to be calculated based on a 5-member family and the monthly-updated benchmarks indicated

by the National Statistics Office of Georgia at time of RAP approval

15. Ministry of Regional Development and Infrastructure (MRDI) is the executing agency (EA) of the

Project on behalf of the Government of Georgia and the Roads Department of the MRDI (RDMRDI) is

the implementing agency (IA). The World Bank (WB) will be financing the Project for civil works

construction and construction supervision. RDMRDI is responsible for road construction as well as

land acquisition and resettlement of the APs due to land acquisition and project construction. RDMRDI

is assisted by a number of other government departments and private agencies in the design,

construction and operation of the Project. The National Agency of Public Registry recognizes and

further registers the right on property of the legal land owners under the effective legislation. The local

government at Rayon and village levels are involved in the legalization of legalizable land parcels and

subsequently land acquisition and resettlement of APs. The Ministry of Environmental Protection is

responsible for environmental issues.

16. A grievance mechanism managed by MRDI will be available to allow APs appealing any disagreeable

decision, practice or activity arising from land or other assets compensation. APs will be fully informed

of their rights and of the procedures for addressing complaints.

17. All activities related to the land acquisition and resettlement have been scheduled to ensure that

compensation is paid prior to displacement and commencement of civil works. Public consultation,

internal monitoring and grievance redress will be undertaken on ongoing basis throughout the project

duration.

18. Land acquisition and resettlement tasks under the project will be subject to monitoring. Monitoring

will be the responsibility of RDMRDI. Internal monitoring will be carried out routinely by RDMRDI.

The results will be communicated to the WB through the quarterly project implementation reports.

External monitoring to be conducted by Social Safeguards Consultant will be carried out on a regular

basis, and its results will be communicated to RDMRDI and WB through quarterly reports.

19. Bakurtsikhe-Gurjaani bypass road project RAP cumulative budget amounts 868 460.44 GEL

(379 008.6 USD)

19

1 INTRODUCTION

1.1 Project Background

20. Bakurtsikhe-Gurjaani bypass road is the component of the Kakheti Regional Roads Improvement

Project (KRRIP) funded by the Government of Georgia and the Word Bank. The bypass road starts

from the crossing of Tbilisi-Bakurtsikhe- Lagodekhi and Bakurtsikhe-Telavi –Akhmeta roads and ends

at the Bakurtsikhe-Telavi-Akhmeta road. The bypass road mainly uses the initial road route of the

1980s though it takes into account new realities as well. The main difference is that the new road

bypasses the areas, which have been developed and used since the 1980s.

21. The road includes a section of about 15 km in the Kakheti Region from the village Bakurtsikhe to the

village Chumlaki in Gurjaani District. This section is a part of the domestic Akhmeta-Telavi-

Bakurtsikhe road that is one of the main roads of the Kakheti Region. The road passes through densely

populated areas with high intensity of transit traffic and big number of road accidents on the above

section. There is planned to arrange a bypass road that will connect the international highway Tbilisi-

Bakurtsikhe-Lagodekhi-Azerbaijan border with the existing domestic Akhmeta-Telavi-Bakurtsikhe road

bypassing the villages Bakurtsikhe, Kolagi, Dzirkoki, Chandari, Vejini and Chumlaki and the town of

Gurjaani (see Fig. 1).

22. Need of this Addendum: During the implementation process in period February-July 2016 some

additional, not envisaged earlier cases emerged requiring resettlement. During the implementation of

original RAP for the Bakurtsikhe-Gurjaani bypass road four AH, which residential land plots are affected

by the project, claimed that the project ROW will block the entrance of the houses. During the original

RAP preparation process the consultation company measured, calculated and valuated only impacted part

of residential land plots, so the affected four households were already included in original RAP for loss of

land only. Take into consideration the fact, that according grievances, AH will be in worse situation as

they were before project started, the project team came to the conclusion, that it is appropriate to prepare

an Addendum (which describes the impacts on houses and residual land plots) to the already approved

and implemented RAP for Bakurtsikhe-Gurjaani road section (dated October 2015). The addendum

includes precise description of impacts and inventory of losses related to all Additional Resettlement

Components in accordance with eligibility matrix approved with the main RAP. Methodology and criteria

of valuation is the same, which was used in main RAP of October 2015. With this Addendum the

Bakurtsikhe-Gurjaani bypass road will involve the physical displacement of a combined total of 4

households.

23. According the Addendum Total land area to be acquired is 3973 sq. m of land from 7 plots. In terms of

tenure the affected land plots are distributed in accordance with the following categories:





24. Category 3 land parcels, no compensation is paid for land but only for lost assets and improvements (e.g.

fences, crops, etc) and resettlement or livelihood restoration as required. Category 4 land parcels are

not subject to compensation

25. Given the magnitude of impacts the project under this RAP and Addendum is classified as category

20

“B” for resettlement. The project location map is shown in Figure 1.1.

26. The RAP Addendum impact extends to 17 peoples (9 male and 8 females). Further, no affected HH

are vulnerable and not headed by women. Out of four AH all four (17 APs) will be resettled and they

loss also residential land plots. Special attention will be given to the resettlement impact on women

and other vulnerable groups during monitoring and evaluation of the RAP.

27. The legal and policy framework of the project on land acquisition and resettlement has been adopted to

assist the APs and/or households for their lost land and assets, income and livelihood resources.

Expropriation of land through eminent domain will not be applied unless approach for acquisition

through negotiated settlement fails.

28. Compensation eligibility is limited by a cut-off date as set for this project on the day of the finalization

of the AP Census for RAP Addendum which is 30 July 2016. This Census covered an area of 3973 sq.

m (7 parcel) along the proposed corridor. 28 July 2016 was considered as commencement date for

the field survey works. The cut-off date was declared at the public meeting. In addition, each affected

person was individually informed about the date of field survey on his land (measurements, inventory,

census, socio-economic survey) by the representatives of Sakrebulo level self-government.

Also each affected person was given the contact information for inquiry corrections/amendments of

the data obtained during the field survey within 5 days.

1.2 The Impacts Corridor

1. The route starts at the junction of the Tbilisi – Bakurtsikhe – Lagodekhi road and the Bakurtsikhe –

Telavi – Akhmeta road and runs north-eastward from there for two kilometres. The route underpasses

the existing disused railway line near Km 2 before turning ninety degrees to run north-westward

parallel to the route of the existing road and disused railway line. In the vicinity of this curve the

alignment is currently not traversable. Thereafter the route runs parallel to the disused railway line for

approximately 6 km before turning away from the railway alignment to run approximately 1 km

northwards, before looping around and through a built-up area before continuing north-westward to a

major river crossing point at Km 13.7. There are two sections of obstruction in this built-up area (Km

9.5 to 10), one caused by buildings and the other by different miscellaneous structures. There is further

obstruction by buildings at Km 13.2 before the river crossing. The route continues for a kilometre after

the river crossing before converging with the existing Akhmeta-Telavi-Bakurtsikhe road and disused

railway line, at Km 14.6.

2. The route traverses agricultural land except for the built-up areas noted. There is intensive vineyard

cultivation on much of the agricultural land. The route is crossed by numerous minor roads running

along a south-west to north-east axis, as well as several watercourses on the same axis (discharging to

the north-east).

3. The general road cross section that shall be adopted is as follows:

- Number of lanes: 2

- Lane width: 3.50 m

- Carriageway width: 7.00 m

- Width of paved shoulder: 0.50 m

- Width of unpaved shoulder: 2.00 m - Total road width: 12.00 m

21

4. Also, the project envisages arrangement of 7 bridge crossings, including 1 railway bridge, 12

underpasses, pipes, abutments, shore protection and regulatory structures.

5. The designed horizontal alignment shall be a smooth flowing alignment that matches the existing

right of way as closely as possible. Horizontal and vertical curves shall be designed to comply with the

Georgian geometric standards, for a design speed of 80 km/h.

6. Along the project road certain minor roads intersect the project road. These side road connections are

dealt with by intersections, both grade separated and at grade.

1.3 Minimizing Land Acquisition and Resettlement

7. Due considerations have been given during the design of the road alignment and inter sections layout

to minimize the adverse impacts of land acquisition and involuntary resettlement. Efforts have been

put to incorporate best engineering solution in avoiding large scale land acquisition and resettlement.

Following are the specific measures adopted for the selection of the route:

(i) Some sections of the road required improvement of geometric characteristics and involved

realignment. Realignment for these sections has been well tuned on site to avoid most densely

settled areas and agricultural lands. This specifically concerns the sections 0.0-0.7km, 7.2-

9.0km and 14.9-15.5km.

(ii) Inter sections with local roads have been designed to avoid resettlement

(iii) Designs of intersections were reviewed by resettlement specialists and the recommendations were

considered in the final design.

1.4 RAP Preparation

8. The original Resettlement Action Plan (RAP) has been prepared by Consultant, Roughton International

Ltd, for RDMRDI. Th e A d d e n d u m t o t h i s R A P w a s p r e p a r e d b y R D . It meets the

requirements of the relevant laws of Georgia, the World Bank and OP 4.12 Regulations and

Resettlement Policy Framework of SLRPIII provided by RDMRDI:

(http://www.georoad.ge/uploads/files/SLRP%20III%20RPF51.pdf)

9. . This Resettlement Plan has been developed based on the results of:

(a) detailed measurement works;

(b) the property evaluation / field and documentary study and inventory of impacted areas; (c) description of 100% of impacted families in demographic survey and in socio-economic survey .

http://www.georoad.ge/uploads/files/SLRP%20III%20RPF51.pdf

22

Fig. 1. Location of the project

10. The process of development of this addendum to resettlement action plan provided for intensive

consultations with all stakeholders conducted on 30 July 2016 in the Gurjaani district.

11. Before disbursement of the compensation funds to the APs as per the addendum to resettlement plan, it

is necessary to recognize the legalized property rights and to complete the registration process as well

as to ensure that all APs have signed the sale and purchase agreements, thus giving evidence that they

agree with the amount of the compensation. If the AP does not sign a contract, the case will be

referred to the competent court for expropriation proceedings, which will be implemented after the

deposit of the compensation funds in special accounts. Escrow accounts will be opened also for those

APs who are not in place and cannot be found out. If RD could not find those AP’s a special

announcement will be published in local newspaper and exposed in the Gamgeoba (local municipality)

office. By this announcement the AP’s will be given 3 months period for response (assuming that they can

be outside of Georgia).

12. The permit on commencement of the activity (implementation of works) by the construction

contractor in a specific plot or section of the road, will be issued only after the compensation for that

land or road section has been paid and the entitlements in this RAP, including resettlement assistance

have been implemented to those affected in that specific plot or road section.

13. After being approved by the World Bank and the Government of Georgia the sole responsibility for its

implementation shall be borne by the Roads Department. This RAP can be updated from time to time,

as needed, only in agreement between the WB and the Roads Department.

1.5 Conditions for Project Implementation

14. Based on the WB policy/practice, the approval of project implementation will be based on the following

RAP and Addendum -related conditions:

(i) Signing of Contract Award: Conditional to the approval of the RAP and Addendum by WB and

23

Government. RAP and Addendum reflects final impacts, final AP lists and compensation rate

at replacement cost approved by RD.

(ii) Notice to Proceed to Contractors: Conditional to the full implementation of RAP and Addendum entitlements before land take of plots or sections of road required for construction works (legalization of legalizable owners, and full delivery of compensation and rehabilitation allowances).

2 CENSUS AND IMPACT ASSESSMENT

2.1 Introduction

15. The impact assessment reflects the land, buildings, plants and other property losses for Bakurtsikhe-

Gurjaani bypass road project. All losses and damages were recorded and assessed in the alienation strip

specified by the project engineering design consultant.

16. Digital cadastral maps were collected through the National Agency of Public Registry. The road outline

design was applied on the digital cadastral maps and the detailed land surveys have been made using

DGPS on the site, aimed at identifying the affected land, specifying their cadastral data. Based on the

detailed survey the census of 100% of the APs was conducted on July 30, 2016. In addition, the

socioeconomic survey of 100% households(4) on the project affected areas was held, aiming

clarification of the socioeconomic conditions of the affected community.

17. July 28, 2016, the date of commencement of the detailed surveying works and census of affected

persons is considered to be the date of termination of the right to receive compensation. This Census

covered an area of 3973 sq. m (7 parcel) along the proposed corridor and finalized on 30 July, 2016.

2.2 Impact on Land, Other Assets and Income

General Classification of affected land

18. Total land area to be acquired is 3973 sq. m of land from 7 plots. In terms of tenure the affected land

plots are distributed in accordance with the following categories:





19. The land costs and compensation categories within the project area are determined by the land use

factor. Figures on Land impacts are provided in accordance to the land classification and legal

categories that are relevant to determine compensation rates and amounts due to their use modalities.

The affected land has been classified by the following main types:

Type 1. Agriculture Private land

Type 2. Private Non-agricultural residential land (5 plot, 3883 sq. m)

Type 3. Private non-agricultural commercial land

Type 4. State owned agricultural land illegally used by private users

24

Type 5. State owned land illegally used by private users as residential (2 plots, 86 sq. m)

Type 6. State owned land illegally used by private users as commercial

Type 7. State owned land unused

20. The aggregated figures for the land parcels of different categories are given below in Table 2.1. and

Table 2.2.

Table 2.1: Type of Land Ownership

Compensable Land

1 Category 1. Private registered plots (Legalized) No 5

Sq. m 3883

AH 4

2 Category 2. Private rightfully owned unregistered

plots (Legalizable)

No 0

Sq. m -

AH -

Sub-total compensable land No 5

Sq. m 3883

Non- Compensable Land

3 Category 3. State Owned Illegally Occupied by Private

Users (Non Legalizable)

No 39

Sq. m 6724

AH 36

4 Category 4. State Owned Not Used by Private Users No 48

Sq. m 233597

AH 0

Sub-total non compensable land No 87

Sq. m 240321

Total No 491

Sq. m 432768

25

Table 2.2: Type of Land Use

# Impact

Unit

Compensable Land

1 Type 1. Private agricultural

land

Private agricultural land

(legalized or legalizable)

used for annual crops and

fruit tree gardens

No 0

Sq. m -

AH -

2 Type 2. Private non-

agricultural residential land

(Out of 28 affected land plots 24

losses only part of the yard,

while residential houses are

affected on 4 land plots)

Private land (legalized or

legalizable) used for

residential purposes

No 5

Sq. m

3883

AH 4

3 Type 3. Private non-

agricultural commercial land

Private land (legalized or

legalizable) used for

commercial purposes

No 0

Sq. m -

AH -

Sub-Total Compensable

No 5

Sq. m 3883

4 Type 4. State owned

agricultural land illegally

used by private users

State owned illegally

occupied by private users

for agricultural purposes

No 0

Sq. m -

AH -

5 Type 5. State owned land

illegally used by private users

as residential



for residential purposes

No 2

Sq. m

86

AH 1


illegally used by private users

as commercial



for commercial purposes

No -

Sq. m -

26

AH 0


unused

State owned land not used

by anyone

No 0

Sq. m -

AH 0

Sub-total non compensable

land

No 2

Sq. m 86

Total

No 7

Sq. m 3973

2.2.1 Impact on Crops

21. Under this Addendum of RAP is no impact on agricultural parcels of land and crops.

2.2.2 Impact on Trees

22. This RAP Addendum affects 191 fruitful perennials (fruit trees and vineyards). The main impact falls on

grapes (64 root) and plum (25 trees). The project impact on perennial species by age groups is shown

in the table below.

23. This RAP Addendum describe impact on 7 unfruitful privately owned trees, for which no

compensation is envisaged but the wood remains in the owner's possession. Only fruit trees are

considered having economic value.

27

Table 2.3: Affected fruitful perennials

Species of fruits Age groups

Total 5- 5-9 10-14 15-19 20-24 25+

Apple 1 1 2 2 0 0 6

Pear 2 1 0 1 0 0 4

Plum/prune/cherry plum 11 12 0 1 1 0 25

Cherry/sweat

cherry/dogberry 8 7 5 0 1 0 21

Apple-quince 1 0 0 1 0 0 2

Fig 3 0 0 4 8 0 17

Persimmon 0 0 0 0 0 1 1

Walnuts 0 0 0 0 2 5 7

Hazelnuts 0 0 8 0 0 0 0

Grapes (white) 42 8 0 5 9 0 64

Grapes (black) 0 0 0 0 0 0 0

Peach/apricots 1 0 0 5 0 5 6

Other* 3 10 12 0 5 0 30

Total 72 39 27 19 26 11 191

* Acacia, Capers, Pomegranate, Mulberry, Almond, Bay leaves, Olives, Medlar, Mushmala, Kiwi, Feijoa

2.2.3 Impact on Buildings/Structures

2.2.3.1 Type of Affected Structures

24. The project affects various types of buildings, which can be classified into the following categories for

the purposes of the project: residential houses, auxiliary civil structures, commercial facilities and

fences/walls. In particular, the project affects 4 houses, 13 auxiliary civil structures, 341,65 m. total

length fences.

28

Fig. 2 Project affected houses

25. In process of preparation of this Addendum to the Resettlement Action Plan all affected buildings

were thoroughly surveyed and described. The detailed data about the buildings are shown in the

Special Technical Annex. The following table shows the quantities of buildings/structures of different

type:

Table 2.4: Impact on Buildings/Structures

Type of building/structure Q-ty

Residential houses 4

Auxiliary civil structures 13

Production/commercial facilities 0

Fence 19

Total 39

2.2.4 Relocation Needs and Strategy

26. Gurjaani-Bakurtsikhe bypass road project requires relocation additionally of 4 households. Impacts

will be compensated in cash at full replacement costs free of depreciation and transaction costs. .

Additionally affected families will receive allowance covering transport expenses and a livelihood

expenses for the transitional period for 3 months

2.2.5 Business Impacts

27. According the RAP Addendum project not affects individual Businesses (land, fence, non-

operating/operating facilities, etc.) Therefore, in frames of the project no impact on the profit of

businesses and their employees’ wages is expected.

2.3 APs and Communities

28. According the RAP Addendum project affects 4 households with 17 members, however only 4

households are physically displaced and 247 households will loss more than 10% of agricultural lands.

The project will not impact on any community infrastructure and historical-cultural monuments.

2.3.1 Impact on Employment and Agricultural Tenants

29. According the RAP Addendum road construction will not affect any employees or agricultural tenants.

2.3.2 Impact on Common Property Resources

30. According the RAP Addendum road construction will not affect any community or public property.

2.3.3 Severely Affected and Vulnerable Households

31. Based on the inventory study carried out in the process of preparation of the Addendum to the

resettlement action plan of Bakurtsikhe-Gurjaani bypass road project severely affects all 7 residential

parcels (each parcel lose more than 10% of its area), four AH.

Field study carried out in the process of preparation of and contacts with the social protection agencies

revealed the vulnerable households affected by the project.

32. Vulnerable households were identified by the following criteria: female headed household, the elderly

(pension aged) person headed household, household with disabled person and household below the

poverty line (registered by the social service agency). In the frames of the project a vulnerable household

is the one which meets at least one of the above criteria. The the Addendum to the resettlement action

29

plan o f Bakurtsikhe-Gurjaani bypass road project not affects any vulnerable households.

2.4 Gender and Resettlement Impacts

33. The Addendum to the resettlement action plan o f Bakurtsikhe-Gurjaani bypass road affects 9 women.

During During the field study carried out in the process of preparation of this resettlement plan, the

special focus was made to the study of gender issues through a random socioeconomic survey. The

project will have a positive impact on gender, and civil works contracts will include provisions to

encourage employment of women during implementation. Additionally, women headed households

have been considered as vulnerable and special assistance was provided in the original RAP

entitlements. The findings obtained during the research related to gender issues are presented in the

following section.

2.5 Summary of Impacts

3 A summary of the project impact is represented in the following table :

Table E-1.Summary of the project impact

# Impact Unit Q-ty 1. Total Land parcels affected N

o

7

2. Total land Area to be acquired Sq. m 3973

3. Category 1. Private registered plots (Legalized) N

o

5 Sq. m 3883

4. Category 2. Private rightfully owned unregistered plots (legalizable) N

o

0 Sq. m 0

5. Category 3. State Owned Plots Illegally Occupied by Private Users (Non

legalizable)

N

o

2

Sq. m 86

6. Category 4. State Owned Plots Not Used by Private Users N

o

0 Sq. m 0

7. Type 1. Private agricultural land N

o

0 Sq. m 3973

8. Type 2. Private non-agricultural residential land N

o

7 Sq. m 0

9. Type 3. Private non-agricultural commercial land N

o

0 Sq. m 0

10. Type 4. State owned agricultural land illegally used by private users N

o

0 Sq. m

11. Type 5. State owned land illegally used by private users as residential N

o

0

Sq. m 0

12. Type 6. State owned land illegally used by private users as commercial N

o

0

Sq. m 0

13 Type 7. State owned land unused N

o

0 Sq. m 0

14. Arable land for expected crop N

o

0

15. Affected fruit Trees No 191 16. Residential buildings N

o

4

17. Supplementary facilities N

o

13

30

18. Commercial buildings No 0

18. Fences m 341,65

19. Severely Affected Households (e.g. losing more than 10% of land) No 4

20. Vulnerable Households No 0

21. Resettled households No 4

22. AH with registered plots No 4

23. AH with legalizable plots No 0

24 AH illegally using State owned land No 1

25. AH with agricultural land plots No 0

26. AH with residential land plots (out of which 4 AH are physically displaced) No 4

27. AH with commercial land plots (out of which at 3 unused commercial

buildings are affected)

No 0

28. Total AH No 4

29. Total Affected Persons by land loss No

30 Total Affected persons by physical displacement No

31 Total Affected business (only loss of material assets) No 0

3 SOCIOECONOMIC INFORMATION

3.1 Introduction

34. In the process of preparation of Addendum to the RAP the census of affected households was

carried out. The study covered 4 households. The objective of this study was to collect the general

information about the socioeconomic conditions of the affected persons.

3.2 Affected Population

3.2.1 Demography

35. Results of 100% demographic census of 4 project affected households are given in table below.

Table 3.1: Demographic Profile of APs

Category Men Women Total

Children (under 15) 2 1 3

Adults (from 15 to 65) 4 6 10

Elderly people (over 65 years old) 2 2 4

Total 8 9 17

3.2.2 Project affected household on average include 4.6 members. 100% of four households are headed by

male with the average age of 57.4 years.

31

3.2.3 AH Ethnicity

36. All affected households are Georgian.

3.2.4 Level of Education of APs

37. The table below shows the distribution of the project affected persons by the education level.

Table 3.2 Level of Education of APs

Pre

kin

der

gard

en

P

resc

hoo

l

Bas

ic e

du

cati

on

Seco

nd

ary

edu

cati

on

Hig

her

edu

cati

on

T

otal

Male 0 % 0% 2,5% 51,1% 10,0% 63,6%

Female 0% 0% 1,5% 29,9% 5,0% ,7%

Total 0% 0% 4,0% 81,0% 15,0% 100%

3.3 Agriculture and Land Resources

3.3.1 Land Holding Status

38. The project affected households own an average of 65.5% farming land and 34.5% residential plot.

Affected persons by the Addendum to the resettlement action plan of Bakurtsikhe-Gurjaani bypass

road basically are engaged in plant-growing. However, 90% of them have cattle (an average of 1.6

animal per household) and 80% have poultry (an average of 9.5 heads per household).

3.4 Economy of AHs

3.4.1 Major Economic Activities

39. For the majority of the project affected households, 80%, the main economic activity is agriculture. In

addition, 0% of these households carries out commercial activity and 20% is engaged in activities of

public sector. The impact caused by the project is significant for this four AH and has impact on their

agricultural land and activity, namely: two of them have vineyards and producing wine for home usage

and for selling. One household is busy with bee-farming, and another one-with greens-producing.

3.4.2 Annual Income of AHs

40. The average income of the project affected households is 7,212.5 GEL annually. The income and

expenses structure of these households are given in the table below.

3.4.3 Household Assets and Durables

41. The average age of buildings where the project affected persons live is 53 years, an average number of

storeys - 1.9, plan area - 214 sq m, the main building mass - brick/stone and concrete, the average

number of rooms 6-7.The following table summarizes the ownership of different types of durable

goods:

32

Table 3.4: Possession of Durable Goods

Description Household % having

such goods

Radio 20%

Bicycle 0%

TV 99%

Gas stove 99%

Computer 40%

Refrigerator 99%

Washing machine 99%

Bike 0%

Motor car 80%

Air Conditioner 0%

3.4.4 Prevalence of Debt

42. 50% of household respondents said that they have taken loans from various sources. 50% of them have

taken loan from a bank, while the remaining 50% - from other sources (mainly from the relatives). To

avoid the deterioration of livelihood of these APs, the impact will be monitored and additional

assistance provided on “as needed” basis.

3.4.5 Access to Energy, Drinking Water and Civic Facilities

43. All houses have electricity. 100% of houses have natural gas and water pipelines. All 4 houses

have septic toilets. The main source of fuel for heating is wood (70% of households) and natural gas

(30%).

3.4.6 Access to Health Centre, Schools and Road

44. All households have access to health facilities (the average distance of 1.3 km) and schools (average

distance of 0.9 km). The houses of project affected persons have direct access to the roads, 69% - to

local roads, 17% - to the secondary road and 14% - to the international road. The average distance from

the center of a settlement where the project affected persons live to the secondary and international

roads is 0.4 km. During the public consultation meeting, the four AH informed the RAP team, that

after receiving the cash compensation, they will try to find houses in the same area (same settlement

Gurjaani). One AH has 12 years old child and option to change the school is not acceptable for them.

Another two children from other AH, under the age 15, who live in Gurjaani only during the summer

period, so they confirmed, that access to the school is not problem for them. The internal roads are not

always in sufficient condition, the AHs try to find houses nearby main road. First aid and Healthcare

centuries are in each settlement.

3.4.7 Cultural Values

45. The project affected households first of all name the following most valuable for them cultural

monuments: the churches - the St. Mary, the Holy Trinity, the Ascension, the All Saints, Kvirstkhveli,

the Archangel, St. George, St. Barbara, St John the Baptist, Kashveti, Father David, Zetskhoveli; the

museums of Nato Vachnadze, Ivane Beritashvili, John-Malkhaz Shalikashvili; the monument to

Makharasvhili. None of the above cultural monuments are affected by the project.

33

4 LEGAL AND POLICY FRAMEWORK

This Chapter is described in the original RAP, prepared and approved for Bakurtsikhe-Gurjaani road

section.

5 COMPENSATION ELIGIBILITY AND ENTITLEMENTS This Chapter is described in the original RAP, prepared and approved for Bakurtsikhe-Gurjaani road section.

6 INSTITUTIONAL ARRANGEMENTS


section.

7 PUBLIC CONSULTATION, PARTICIPATION AND DOCUMENTS DISCLOSURE

46. Concerned officials of centre, district/Sakrebulo, municipalities and villages/Sakrebulo have been

informed about the Project, and their assistance was solicited to conduct the inventory of affected

assets and the Census of APs and the DMS. Also, prior to the finalization of the Addendum to the RAP

and its submission to Project authorities, the APs will be thoroughly informed on the results of the

Census and DMS, and their preferences on compensation or other resettlement assistance will be

given due consideration. The processes and mechanisms ensuring the active involvement of APs

and other stakeholders was detailed (see appendix 2 with date, list of participants, and minutes of

consultation meetings).

47. Addendum of this RAP in Georgian and English will be disclosed on the RDMRDI website and

at RDMRDI head office. The addendum of this RAP in Georgian will also be disclosed at the Gurjaani

municipality office and at local governments’ offices. . The English version will be disclosed on the

WB website prior of starting of the implementation. A pamphlet in Georgian, summarizing

compensation eligibility and entitlement provisions, will be sent to all AP/AHs before the initiation

of the compensation/rehabilitation process and before signing contract awards. The consultation

process will be continued throughout the civil works and the road operational period.

48. In the process of preparation of RAP Addendum, public consultations with the AH were held,

on July 30, 2016 at which issues related to the Gurjaani bypass road project were addressed..

49. A total of 9 persons took part in the public consultations.

50. At the meetings the public representatives were informed about the main features of the

engineering design of the project, the basic principles of land acquisition and resettlement according to

the project framework; they also received answers to their questions.

51. The meeting held in Gurjaani Municipality, village Gurjaani The meeting participants were

informed about the commencement date (28 July 2016) of field survey (field measurements,

inventory and socio-economic survey). In total 9 APs participated in the meetings. APs have been

individually informed about the date of field survey on their land plots by the representatives of

Sakrebulo level local authorities.

52. Consultations with APs have been also conducted individually during the field survey works on

their land plots.

34

8 COMPLAINTS AND GRIEVANCES

A grievance mechanism procedure and resolution process is described in original RAP.

53. During the implementation of original RAP four AH, which residential land plots are affected by the

project, claimed, that, project RoW will block the house entrances. During the original RAP preparation

process the consultation company measured, calculated and valuated only impacted part of residential land

plots, so the affected four households already included in original RAP. Take into consideration the fact,

that according grievances, AH will be in worse situation as they were before project started, the project

team came to the conclusion, that it is appropriate to prepare an Addendum (which will describe impact

on houses and residual land plots) to the already approved and implemented RAP for Bakurtsikhe-

Gurjaani road section.

All 4 complaints are redressed; mitigation and compensation measures are incorporated in RAP

Addendum.

9 IMPLEMENTATION SCHEDULE

54. The time schedule for the implementation of this RAP Addendum has been prepared by the

Ministry of Regional Development and Infrastructure Ministry in consultation with the Roads

Department. All activities related to the RAP implementation have been planned so as to ensure

payment of compensation before the relocation and beginning of construction operations.

55. The legal status of the project affected land was determined as a result of the activity related to the

acquisition and resettlement study and through searching the ownership certificates. In frames of this

research the land owners having the documents certifying the title of the land to be purchased, and

those without such documents, but subject legalization were identified.

56. This RAP Addendum is final Draft. The tasks of land acquisition and resettlement plan are divided as

follows:

Final preparation, that includes the approval of the plan, different initial tasks, such as legalization

of the affected landowners subject to legalization and signing agreements with them;

The plan implementation, that includes the finalization of the agreements, claiming corresponding

compensation and payment of allowances and compensations;

Implementation assessment. Public consultations, internal monitoring and grievance will be

conducted periodically during the project.

57. At the same time, the main stages of the RAP implementation are:

approval of land acquisition and resettlement plan;

signing agreements;

notification on the consent of the beginning of construction operations;

start of construction operations.

58. Further evaluation of the project implementation will be carried out on completion of the activity

provided by this plan.

59. The Resettlement Administration of the RDMRD will establish appropriate institutions, the Land

Acquisition and Resettlement Commission, the working group/LAR team, the grievance commission,

other necessary units.

60. The implementation timetable is given in the following table.

35

Table 9.1: Implementation Timetable

Events

Months

1 2

1 2 3 4 5 6 7 8

Completion of RAP preparation

Public consultations/ongoing

engagement’s

RAP review and approval

RAP disclosure

RAP budget allocation

Land legalization

Assets acquisition

Transfer to the accounts of PAPs

Depositing in special cases

Grievance

Legal proceeding in court

Relocation of PAPs

Internal monitoring

External monitoring

Start of construction operations

36

61. Construction works will start after completion of the preparatory work. These objectives are:

execution of agreements with affected persons;

information dissemination and consultations; grievance;

transfer of compensation and assistance to bank accounts of affected persons;

registration of land demarcated for the project on behalf of the Roads Department;

compliance and reporting review; notification of start of the construction operations; ;

monitoring.

Construction company also will have obligation under its contract to compensate any damage/loss to PAPs

even in case if there is no actual resettlement but the loss/inconvenience happens during the works.

62. Further evaluation of implementation will be made a year after the RAP Addendum implementation.

10 COSTS AND BUDGET

10.1 Introduction

63. The tentative costs of the Resettlement Plan implementation is the total of the due compensation

and benefits costs, the administrative costs and contingencies. The implementation administrative

expenses include the administrative expenses related to the implementation of the Resettlement Plan.

The contingencies (10% of total value) are also included in the budget to take account of changes in the

costs in the negotiation phase.

64. In case of the excessive estimate of costs the Roads Department shall timely ensure the attraction

of extra funds. The Roads Department in coordination with the Ministry of Finance will be responsible

for taking into account of the resettlement plan costs when drawing up the annual budget in advance.

65. Below are given the estimates related to the expenses of the different types of resettlement plan by

both the entitlement and compensation rates.

66. The methodological principles for determining compensation rates are set out in Appendix 5.

10.2 Budget

10.2.1 Land Compensation

67. The amount of compensation for the land was established in consideration of location of the

affected areas (the Gurjaani Municipality, the designed road route). The land is divided into three

types: agricultural (non-irrigated arable), household plots and industrial/commercial land. The

following table shows the amount of land compensation.

37

Table 10.1: Land compensation

Type of land Compensated area

(sq. m)

Compensation rate

(GEL/sq. m)

Compensation

(GEL)

Agricultural 0 3.3 0

Household plot 3887 5.61 21806,07

Industrial/commercial 0 11.88 0

Total land compensation 21806,07

10.2.2 Buildings and Structures Compensation

68. The compensation for buildings and structures is calculated on the basis of current value of the

materials, construction operations and other costs required for construction of similar buildings less the

depreciation. The buildings are evaluated individually and the amount of their compensation rate is

given in the technical appendix. The following table shows the aggregate amount of compensation for

buildings and structures.

Table 10.2: Compensation for buildings/structures

Type Quantity Compensation

(GEL)

Residential houses 4 704 973.00

Auxiliary household facilities 13 74 532.00

Industrial/commercial structures 0 -

Fences 19 36 555.97

Total buildings and structures compensation 820010.97

10.2.3 Perennial plants compensation

69. The compensation amount for fruit-bearing perennials was calculated according to the

compensation rates and quantity of affected trees established on the basis of the inventory performed

in the frames of preparation of this resettlement plan (see Appendix 5 and Section 2.2.). The calculation

results are given in the following table:

38

Table 10.3: Compensation for Fruit-bearing perennials

Species

Age group

Total

(GEL) 5- 5-9 10-14 15-19 20-24 25+

Apple 70 200 400 200 0 0 870

Pear 90 0 0 300 260 260 910

Plum/prune/cherry plum 198 1120 130 115 55 0 1618

Sweet

cherry/cherry/dogberry

152

560

800

0

62

0

1574

Apple-quince 0 105 120 0 0 0 225

Figs 120 280 1120 280 0 0 3374

Persimmons 0 70 0 560 0 0 630

Walnuts 0 100 0 400 0 200 700

Hazelnuts 0 416 0 104 0 0 520

Grapes (white) 42 320 0 315 375 675 1 727

Grapes (black) 0 0 0 0 0 0 0

Peach/apricot’s 35 500 0 200 0 0 735

Other 165 1100 1056 704 406 0 3 431

Total 872 4771 3626 3178 1958 327171 17 340

10.2.4 Business interruption compensation

70. No business interruption takes place in frames of this project. Consequently, no compensation for

the lost profit of businesses and loss of salaries of persons employed thereof is not provided by this

resettlement plan.

10.2.5 Crops compensation

10.2.6 During inventory works impact on Crops was not identified and compensation not calculated.

10.2.7 Allowances

71. The Addendum to the resettlement action plan stipulates issuance of the following allowances:

- Severe impact (3-month minimum subsistence income for a family of 5 members)

- Relocation/replacement (3-month minimum subsistence income for a family of 5 members)

39

- Vulnerability (3-month minimum subsistence income for a family of 5 members)

According to official data, the living wage for a family of 5 members for this resettlement plan was

considered at 310.1 GEL (July 2015, http://www.geostat.ge/ ); therefore, 310.1 X 3 months equals 930.3 GEL. The

allowance for the severe impact - 310.1 X 3 months equals 930.3 GEL

72. The following tables present the allowance amounts:

http://www.geostat.ge/

40

Table 10.5: Amounts of allowances

Severely

affected area

(sq. m)

Compensation

rate

(GEL/sq. m)

Compensation

(GEL)

Severe impact 4 930.3 3721.2

Number of

families

Compensation

rate

(GEL/sq. m)

Compensation

(GEL)

Relocation/replacement 4 930.3 3721.2

Vulnerability 2 930.3 1 860

Sub Total 8 930.3 5 581.2

Total allowances 9 302.4

10.2.8 Administrative costs

73. The original RAP budget already provided a certain amount for external monitoring and

minor administrative expenses.

41

10.3 Aggregated budget

74. The aggregate budget of this resettlement plan amounts to 4 339 231.08 GEL and is presented in

the following table:

N Budgetary item Amount (GEL) Amount

(USD)

Compensations

1 Land compensation 21806,07

2 Buildings and structures compensation 8200010.97

3 Fruit-trees compensation 17340

4 Crops compensation 0

Total compensations 859 157.04

Allowances

5 Severe impact allowance 3721.2

6 Replacement/relocation allowance 3 721.2

7 Vulnerable allowance 1 860

Total allowances 9302.4

Total resettlement plan costs 868 459.44

Administrative costs

9 External monitoring agency 0

10 Minor administrative costs 0

11 Legalization and Registration fees 0

Total administrative costs 0.00

Total costs 868 460.44

Gross total 868 460.44 379 008.6

All funds provided for by the Resettlement Plan, which are needed for compensation and

42

allowances, will be allocated by the Government of Georgia. The Roads Department of the Ministry of Regional Development and Infrastructure of Georgia provides the distribution of funds allocated for the implementation of the resettlement plan.

Solutions Matrix for the four Households additionally affected by the project:

AH Impact Solution

AH #1 Physical displacement ;

Loss more than 10% of residential

land, which is mostly used for

agricultural purposes ;

Loss more than 10% of agricultural

land.

AH will be provided with

cash compensation at full

replacement cost of land

and house. The AH already

found acceptable house in

the nearby area (the

Gurjaani district), house is

located on residential land

with grapes and fruit trees.

Another agricultural land

parcel(s) owned by AH are

in the same area and the

family has easy access to

their property.

There are not school

children in the family.

The family will have easy

access to healthcare center;

the internal roads as well as

main road are in the good

condition.

AH is not considered as

being vulnerable and will

not be providedwith

additional compensation.

Additionally affected family

will receive allowance

covering transport expenses.

The AH will be provided

with compensationa as

severly affected household.

AH#2 Physical displacement ;





land.




and house. The AH try to

find acceptable house in the

nearby area (the Gurjaani

district),

There are two school

children in the family., but

43

they live with grandparents

only during the summer

period. So it is not

necessary to find house near

school.

If the family will find the

house in the same area, they

will have easy access to

healthcare center and

agricultural land owned by

this AH



not be provided with







severly affected household






land.




and house.

The AH already find

acceptable house in the


district), house is located on

residential land with

vegetable garden and fruit

trees.

Another agricultural land

parcel(s) owned by AH are

in the same area and the

family has easy access to

their property.

There are no school children

in the family.

The family will have easy

access to healthcare center;

the internal roads as well as

main road are in the good

condition.





44












land.(residential land is divided in

three parts and used for agricultural

purposes)




and house. The AH try to

find acceptable house in the


district),

There is one school child in

the family,

If the family will find the

house in the same area, they

will have easy access to

healthcare center,

agricultural land and school.











45

11 MONITORING AND EVALUATION


46

Appendices

47

Appendix 1

Public Consultations

48

Public consultation attendance log

49

The Photos of the Meetings

50

Protocol №1 of the public consultations and the discussions with the focus groups

Name of the project: Bakurtsikhe-Gurjaani Road

Number of participants: 9

Village: Gurjaani

District: Gurjaani

Region: Kakheti

Distance from Tbilisi: 100 km.

Date: 30.07.2016

Time: 12:00

The discussion topics The participants’ opinions, remarks and proposals

What kind of procedures have to be done to

receive the compensations and purchase

amount, after decision about acquisition of our

houses?

In case of your consent, an agreement on compensation

and purchase will be signed and amount will be transferred

during 10-14 working days.

Do we receive an amount for relocation of our

property/belongings?

Yes, it is provided

How many time do we have to find new

houses?

1. The certain term is not selected, approximately 3

month or other reasonable term to find the appropriate

house.