uzbekistan:uzbekistan power transmission improvement project
TRANSCRIPT
Social Safeguards Due Diligence Report
Document Stage: Draft Project number: 47296-001 Date: October 2021
Uzbekistan:Uzbekistan Power Transmission Improvement Project
220 kv Zafarabad – Sirdarya Transmission Line and Associated Substation Project Section 1 - Substation "Zafarabad"
Prepared by JSC National Electric Grid of Uzbekistan for the Asian Development Bank. This social safeguards due diligence report 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. Your attention is directed to the “terms of use” section on ADB’s website. 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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Social Safeguards Due Diligence Report (Draft Report) __________________________________________ October, 2021
UZB: Uzbekistan Power Transmission Improvement Project 220 kv Zafarabad – Sirdarya Transmission Line and Associated Substation Project Section 1 - Substation "Zafarabad" Prepared by JSC National Electric Grid of Uzbekistan for the Asian Development Bank. This social safeguards due diligence report 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. Your attention is directed to the “terms of use” section on ADB’s
website.
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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ABBREVIATIONS
ADB – Asian Development Bank
AH – Affected Household
AP – Affected Person
APA Architectural Planning Assignment CCA – Complaints Coordinating Authority
CoM – Cabinet of Ministers of Uzbekistan
DDR – Resettlement Due Diligence Report DLARC – District Land Acquisition and Resettlement Commission DMS – Detailed Measurement Survey EA – Executing Agency EMP – Environmental Management plan EPC – Engineering, Procurement and Construction FGD – Focus Group Discussion GFP – Grievance Focal Point GRM – Grievance Redress Mechanism Ha – Hectare HHs – Households IA – Implementing Agency IEE – Initial Environmental Examination LAA – Land Allocation Act LAR – Land Acquisition and Resettlement LARP – Land Acquisition and Resettlement Plan NEGU – JSC “National Electric Grid of Uzbekistan” NEGJ – “National Electric Grid of Jizzakh Region" JMPN – Jizakh Main Power Network NWRTLP – Northwest Region Power Transmission Line Project O&M – Operation and Maintenance PIC – Project Implementation Consultant PMU – Project Management Unit RoW – Right-of-Way Uzenergoinjiniring – JSC “Uzenergoinjiniring” – Design Institute
CA – Cadastral Agency under the State Tax Committee of
the Republic of Uzbekistan
SPS – Safeguard Policy Statement 2009 ToR – Terms of Reference UZS – Uzbek Sum
CURRENCY EQUIVALENTS
(As of October, 2021) Currency Unit - Sum (UZS) UZS 1.00 = $ 0.0000931 $1.00 = UZS 10 692
NOTE
1 https://cbu.uz/ru/
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In this report, i. “$” refers to United State Dollars (USD)
ii. UZS refers to Uzbekistan Sum
Table of Contents
ABBREVIATIONS ........................................................................................................................ 2
GLOSSARY ................................................................................................................................. 6
1. INTRODUCTION AND PROJECT BACKGROUND ......................................................... 9
1.1. Introduction .................................................................................................................... 9
1.2. Project Background ........................................................................................................ 9
2. OBJECTIVES OF Resettlement DUE DILIGENCE REPORT AND METHODOLOGY .....11
2.1. Objective ...................................................................................................................... 11
2.2. Methodology ................................................................................................................ 12
2.3. Impact on Indigenous People ....................................................................................... 12
3. DUE DILIGENCE ON LAND ACQUISITION AND RESETTLEMENT ...............................13
3.1. Possible Land Acquisition and Resettlement Impacts ................................................... 13
3.2. Substation "Zafarabad" ................................................................................................ 13
3.3. Impact of Construction to Access Roads ...................................................................... 14
3.4. Socio-economic Impacts .............................................................................................. 14
4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION .....................16
4.1. General ........................................................................................................................ 16
4.2. Disclosure .................................................................................................................... 16
5. GRIEVANCE REDRESS MECHANISM...........................................................................17
5.1. General ........................................................................................................................ 17
5.2. Existing complaint handling mechanism in Uzbekistan .......................................... 17
5.3. Proposed project level GRM ...................................................................................... 18
5.4. Contact Details ............................................................................................................. 20
6. LEGAL FRAMEWORK .....................................................................................................21
6.1. Laws, Regulation, and Provision relating to LAR in Uzbekistan ............................ 21
6.1.1. Constitution of the Republic of Uzbekistan ................................................ 23
6.1.2. Land code (30 April 1998) ......................................................................... 23
6.1.3. Civil Code (29 August 1996) ..................................................................... 23
6.1.4. Resolution of the Cabinet of Ministers No. RCM-146 (May 25, 2011) 24
6.1.5. Resolution of the Cabinet of Ministers No. RCM 317 (September 21,
2016) 25
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6.1.6. Decree of the President of the Republic of Uzbekistan No. PP- 3857 dated July
16, 2018 25
6.1.7. Decree of the President of Uzbekistan №5495 (1 August 2018) ...................... 25
6.1.8. Law of Uzbekistan on Protection of Private property and Guarantees of
Ownership rights 336 (22 September 2012) ..................................................................... 26
6.1.9. Presidential Order F-5491(3 August 2019)............................................ 26
6.1.10. Resolution of Cabinet of Ministers № RCM - 1047 (26 December
2018) 26
6.1.11. Presidential Decree No. PD-5491 (August 3, 2019) ................................. 27
6.1.12. Resolution of the Cabinet of Ministers № 911 of November 16, 2019 ............ 27
6.1.13. Resolution of Cabinet of Ministers № 44 (15 February 2013) .............. 30
6.1.14. Tax code ............................................................................................................... 30
6.1.15. Resolution of Cabinet of Ministers # 63(28.01.2019) ............................... 31
6.1.16. Resolution of the President # 4555 (30.12.2019) ................................................. 32
6.1.17. Labor code and employment law ................................................................................. 32
6.1.18. Resolution of Cabinet of Ministers “About Approval of Rules of Protection
of Power Supply Facilities” .............................................................................................. 33
6.2. ADB Safeguards for Involuntary Resettlement ............................................................ 33
6.3. Policy differences and reconciliation ....................................................................... 35
7. INSTITUTIONAL ARRANGEMENT .................................................................................41
7.1. General ............................................................................................................................ 41
7.2. NEGU and Project Management Unit ............................................................................... 41
7.3. Social Safeguards Specialists (SSS) ................................................................................ 41
7.4. Design Institute - JSC “Uzenergoinjiniring” (Uzenergoinjiniring) ....................................... 42
7.5. UzDavYerLoyiha Design Institute ..................................................................................... 42
7.6. Cadastral Agency under the State Tax Committee of the Republic of Uzbekistan (CA) .... 42
7.7. District (Khokimyat) (Governorates) ................................................................................. 43
7.8. Community-Based Organizations (CBOs) ........................................................................ 43
8. IMPLEMENTATION SCHEDULE .....................................................................................43
9. CONCLUSION AND RECOMMENDATIONS ...................................................................45
10. MONITORING AND REPORTING ...................................................................................47
Annex 1: NEGU`s request to ADB and obtaining approval from ADB .................................... 49
Annex 2: Land allocation Order by Khokim for Farish district ................................................. 52
Annex 2a: Information about the allocated land from the state reserve ................................... 55
Annex 3: Map of land area allocated for cadastral approved substation construction ............ 57
Annex 4. Architectural planning assignment document for Zafarabad substation .................... 58
............................................................................................................................................... 58
Annex 6: Project Implementation Chart ................................................................................... 60
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Annex 7. List of Consulted Stakeholders................................................................................. 61
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GLOSSARY
Affected persons Affected persons (Aps) are the members of the affected households who experience full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It is not different from ‘displaced person’ defined in the SPS-2009.
Affected household A household consists of one or more people who live in the same dwelling and share meals or living accommodations and may consist of a single family. In the project, the household is the unit for compensation and all the members of a household are considered as affected persons.
Architectural Planning Assignments
A document containing a set of town-planning and architectural requirements. To construct an object following documentation shall be submitted such as approved city-planning documentation, relevant decisions of state authorities, including requirements and conditions for the protection of historical and cultural monuments, the environment, legal rights and interests of third parties, persons for a specific land plot. Based on these documents, architectural planning assignment for construction is being developed (re-constructions) of the object.
Compensation Payment for an asset to be acquired or affected by a project at replacement cost.
Cadastral documents
A set of materials, cadastral surveys, technical inventories and
certification, quality and valuation of the object necessary for the
formation, accounting and subsequent state registration of rights
to real property.
Compensation Payment for an asset to be acquired or affected by a project at
replacement cost.
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 AHs as defined by the census. If the country expropriation law does not specify a cut-off date, usually, the cut-off date is the date of the detailed measurement survey which is based on the final engineering design. The validity of the cut-off date in ADB projects typically is three years.
Dehkan farm A small farm that operates on a household plot. Please refer to the definition of the household plot below.
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 access to legally designated parks and protected areas.
Eminent domain The right of the state using its sovereign power to acquire land for public purposes. National law establishes which public agencies have the prerogative to exercise eminent domain.
Entitlement The range of measures comprising the cost of compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration, which is due to AH, depending on the type and degree nature of their losses, to restore their social and economic base. All entitlements are given to all affected households as per the
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entitlement matrix.
Hokimiyat The local government authority that interfaces between local communities and the government at the regional and national level. It has ultimate administrative and legal power over local populations residing within its jurisdiction.
Household plot A plot of land allocated in the manner and amount established by law in addition to the residential household as inheritable lifetime possession to one of the family members for the production of agricultural products both for free sale and for the needs of the family. The construction of residential structures is not allowed.
Illegal Households that are not registered their business, agriculture, residential and orchard and 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 lease to land and/or structures occupied or used by them. ADB’s SPS explicitly states that such people are entitled to compensation for their non-land assets.
Income Restoration This is the re-establishment of sources of income and livelihood of the affected households.
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 the State purposes, in return for fair compensation.
Land allocation The term used when land is being allocated out of the unproductive/ unsettled State Reserve Land or from the areas that are being used by the State Organization for the modernization/construction of a new substation, and transmission line towers as well as stringing the power cables.
Land use rights According to Land Code (article 17) real persons (can have the land plot under the lifelong inheritable possession right and land parcel use transferred as a descent. This right is given to individual residential housing construction and collective gardening and vineyard (orchards), peasant farms. Juridical persons (enterprises, stores, and businesses) can possess land parcels according to the right to permanent possession, permanent use, temporary use, lease, and property. In the two above cases, when a person wants to sell the property (land and building), he will sell the building & structure, and subsequently, the land parcel sold as an attachment (right is sold).
Makhalla A local level community-based organization recognized officially by the State that serves as the interface between state and community. It is responsible for facilitating a range of social support facilities and ensuring the internal social and cultural cohesiveness of its members and; local communities to elect Makhalla leaders.
Massif A territory comprising a group of houses within the regional districts of Uzbekistan. In other words, it is an administrative division of the districts. In cities of Uzbekistan, this term is called as blocks.
Physical displacement
Relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of property, or (ii) involuntary restrictions on land use or access to legally designated parks and protected areas.
Private farm A legal entity engaged in agricultural activity with larger land plots. Farmland is managed by the head of the household and there are a number of criteria for a private farm, such as the availability of agricultural machinery, the agricultural education background of the
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head of the farm and others. The private farm is responsible to the Government for the execution of certain requirements on crop production and other agricultural projects.
Rehabilitation Additional support provided to AHs losing productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of pre-project living standards and quality of life.
Relocation The physical relocation of an AH from her/his pre-project place of residence and/or business.
Replacement Cost The term used to determine the value enough to replace affected assets and/or cover transaction costs necessary to replace the affected assets without depreciation for such assets as well as material advantage, taxes and/or travel expenses.
Resettlement Means all social and economic impacts that are permanent or temporary and are (i) caused by the acquisition of land and other fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on land, as a result of a project.
Resettlement Plan A time-bound action plan with budget setting out compensation and resettlement, entitlement, actions, responsibilities, monitoring, and evaluation.
Safety zone The area below, and around, transmission lines and substation in which activities and land use that are incompatible with the safe and efficient operation of the national electricity transmission network are avoided. The safety zone corridors do not restrict normal farming activities such as cropping, harvesting, grazing, plowing. Only incompatible activities, milking sheds, residential dwellings, and some major earthworks - primarily around the foundations of the transmission towers would be restricted.
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1. INTRODUCTION AND PROJECT BACKGROUND
1.1. Introduction
1. This Resettlement Due Diligence Report (DDR) prepared as part of the process of
compliance with the ADB, The project is proposed to be funded from the savings from
ADB Loan No. 3285-UZB Northwest Region Power Transmission Line Project.
2. Provision of further development of main power transmission lines, provision of external power supply to large consumers and the population of Jizzak and Syrdarya regions.
3. The project is divided into two components:
1.Construction of a 220 kV double-chain power transmission line between the “Syrdarya” TPP and the new “220 kV Zafarabad” substation, each with a length of 140.929 km (total 2 x 140.929 km = 281.858 km);
Construction of a new substation 220/110/10 kV "Zafarabad".
4. July 13, 2021 NEGU requested ADB to split the project into three parts to start construction works in sections where there is no involuntary resettlement nor affected persons and received approval from ADB on 27 July 2021 (Annex 1).
5. As a result, the project split into three sections such as:
1) Substation "Zafarabad” ; 2) Construction of a power transmission line passing through the territory of the Syrdarya
region - 47.863 km; 3) Construction of a power transmission line passing through the territory of the Jizzakh
region - 93.066 km
6. This DDR is prepared for the only for the first section as described above and for the remaining sections an upgraded LARPs will be prepared as separate documents.
7. The detailed final design for above sections was prepared by the Joint-Stock Company
"Uzenergoinjiniring" specialized in engineering and design of HV transmission lines and HV substation during 2020-2021 years.
8. Based on documents review, final design, site visits, and consultation with local stakeholders, the from substation "Zafarabad” are classified as subprojects with no involuntary resettlement impact, and DDR has been prepared.
9. The objective of this DDR is to confirm that the from substation "Zafarabad” of NWRTLP
do not trigger ADB’s Safeguard Policy Statement (2009)’s Safeguard Requirements 2 regarding involuntary resettlement or Safeguard Requirement 3 regarding Indigenous Peoples.
1.2. Project Background
10. The project is implemented in accordance with the "Program for the implementation of large investment projects in the electric power industry" approved by the Prime Minister of the Republic of Uzbekistan on 23.04.2019. No. 06/1-1177, and Protocol No. 20 of the Cabinet of Ministers of the Republic of Uzbekistan "On accelerating investment projects implemented by National Electric Networks of Uzbekistan JSC and Regional Electric
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Networks JSC" approved by the Prime Minister of the Republic of Uzbekistan on July 5, 2019, as well as Presidential Decision No. PP-4937 of December 28, 2020 "On measures to implement the Investment Program of the Republic of Uzbekistan for 2021-2023".
11. The "Zafarabad" substation is located in the Farish district located in the northwestern part of the Jizzak region and stretches along its entire northern outskirts
12. The “Zafarabad” substation provides further development of main power transmission
lines, as well as provision of external power supply to large consumers and the population of the Jizzak and Syrdarya regions.
13. The “Zafarabad” substation is located in the territory of the “Egizbulok” mahalle, the Farish
district the Jizzak region, allocated 9 hectares of land.
Location coordinates of substation “Zafarabad”
N 40°17'41.09"С E 67°34'16.77"В
Uzbekistan
Zafarobad 220 kV Substation Plot
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Figure 1: Map of route and substation
14. Construction work on the above will be carried out turnkey at the expense of ADB credit. The total cost of the project is $75 million according to the procurement plan.
2. OBJECTIVES OF RESETTLEMENT DUE DILIGENCE REPORT AND METHODOLOGY
2.1. Objective
15. The objective of this DDR is to confirm that the from substation "Zafarabad” of NWRTLP do no trigger ADB’s Safeguard Policy Statement (2009)’s Safeguard Requirements 2 regarding involuntary resettlement or Safeguard Requirement 3 regarding Indigenous Peoples.
16. The specific impacts of the DDR were:
i) determine whether the of existing land of substation "Zafarabad” is free of any involuntary
resettlement impacts, e.g., land acquisition, displacement; and ii) ascertain if there would be any adverse impacts on income and livelihood on local
population. 17. Consultation meetings were held with relevant stakeholders, including the cadastral office,
land use engineer, design engineers, project transmission line operators. A Grievance Redress Mechanism (GRM) has been developed for AP and stakeholders who may have complaints, recommendations or questions during construction work. The PMU social safeguards specialist and consultants made field visits in May 21, 2021. The consultations focused on preventing impacts on residential, business community and land buildings, as well as temporary disruption of living conditions, if any, as a result of proposed construction work.
18. The disclosure of DDR will be made on the website of ADB and NEGU, and also transmitted to the local authorities to inform people living near the project area, or are interested in information about the construction and operation of the “Zafarabad” substation. This information will explain the purpose of the project, and ADB's Involuntary Resettlement Policy and GRM will be described in the local language (Uzbek). The list (names, addresses and contact numbers) of persons in the PMU who should be contacted will be distributed if a complaint is filed.
19. On April 23, 2021, the introduced a resolution Khokim for Farish district was introduced
on the allocation of 9 hectares of land for project purposes (Annex 2).
20. The DDR did not identify compensation and resettlement assistance requirements for affected persons (APs) as there no APs. The DDR is based on the latest design, cadastral document, Architectural Planning Assignment (APA) land allocation acts prepared for one sections of the NWRTLP.
21. The NEGU understands that ADB will not finance the project if NWRTLP do not comply
with its safeguard policy statement, nor will it fund if the project doesn't abide by Uzbekistan’s social and environmental laws and regulations, including those laws implementing Uzbekistan’s obligations under international law.
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2.2. Methodology
22. The following materials have been reviewed:
Draft Land Acquisition and Resettlement Plan (LARP) that was prepared by TA Resettlement Expert within September – October 2020.
Initial Environmental Examination (IEE) that was prepared by TA Environmental Expert in December – 2020
Architectural Planning Assignments (APA) developed for substation Cadastral document of substation. Decision of Khokim of Farish district on land allocation for substation (Annex 2).
23. This Resettlement Due Diligence (DDR) Report was prepared by the Social Security
Specialist of consultant company "GOPA-International Energy Consultants GmbH" (Germany) on social guarantees in July 2021. The social due diligence check was based on a preliminary design developed by the Design Institute - JSC "Uzenergoinjiniring" during the period 2020-2021.
24. The detail due diligence assessment included a desk review of document containing a set
of town-planning and architectural requirements, special conditions for designing and building an object arising from the provisions of approved city-planning documentation, relevant decisions of state authorities, including requirements and conditions for the protection of historical and cultural monuments, the environment, legal rights and interests of third parties.
2.3. Impact on Indigenous People
25. The population of Jizzakh is an ethnic uzbek, and there are no groups or subgroups of indigenous minorities located in the south-west of the Republic of Uzbekistan. Farish district which will be affected by the project. The social analysis prepared for this project also falls under category "C" for indigenous peoples. Given this, it is obvious that the proposed subsections of the project will not affect the indigenous population.
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3. DUE DILIGENCE ON LAND ACQUISITION AND RESETTLEMENT
3.1. Possible Land Acquisition and Resettlement Impacts
26. A study of DDR documents shows that the project is being implemented on the land plot
of the pasture, which is the land of the State Reserve.
27. According to the draft LARP, which was prepared in 2020, the project is classified as category B for involuntary resettlement in accordance with the ADB Security Policy Statement (2009), however, the Plan specifies that the land will be allocated from farm land and run over physical persons. After the division of the NWRTLP into sections, it was determined that not all parts of the project include involuntary resettlement.
28. Based on existing ADB Social Safeguard Policy (2009) and due diligence review the
Section-1: substation "Zafarabad" fall under ADB’s project Category ‘C.’ The category ‘C’ is defined as: “A proposed project has no involuntary resettlement impacts. No further action is required.”
3.2. Substation "Zafarabad"
29. The government decided to build a new substation by increasing the consumption and
quality of electricity transmission, as well as to provide electricity to new factories under construction.
The geographic coordinates are in WGS-84 as Latitude:
Location coordinates of substation “Zafarabad”
N 40°17'41.09"С E 67°34'16.77"В
Figure 2: Location of selected land plot for Substation Zafarabad
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30. The project will be implemented in accordance with the construction standards and legislation of the Republic of Uzbekistan, as well as in accordance with international rules.
31. The resettlement check by subsection was carried out in May 2021 by the social
guarantees specialist of the consultant company "GOPA-International Energy Consultants GmbH" (Germany). In the preliminary due diligence report, it can be concluded that under Section 1: “Zafarabad” substation does not affect households, farmers or business entities. (Annex 3 - Photo of the Section-1).
3.3. Impact of Construction to Access Roads
32. The entrance to the site of the “Zafarabad” substation is along the road R-36 Forish-
Jizzakh. During construction and installation works construction equipment, construction materials and equipment for the substation will be used during the project implementation, and access to the site for construction equipment, construction materials, and power station equipment already will be used during the implementation of the project.
Figure 3: Access road to “Zafarabad” substation
33. If any unanticipated social impacts become apparent during project implementation, the operations department advises and requires the borrower/client to (i) assess the significance of such unanticipated impacts; (ii) evaluate the options available to address them; and (iii) prepare or update the resettlement plan. ADB helps the borrower/client mobilize the resources required to mitigate any adverse unanticipated impacts or damage2.
3.4. Socio-economic Impacts
34. There will be no negative social impacts, but environmental impacts are observed such
as noise, dust and air pollutant emissions from the construction equipment. Minor spills and leakages may occur from vehicles and machinery and transformers during the
2 SPS – Operational Manual - Issued on 1 October 2013, Para 32
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replacement works. The mitigation measures are described in detail in the Initial Environmental Examination.
35. In line with the IEE document developed within the scope of 220 kv Zafarabad – Sirdarya Transmission Line and Associated Substation Project, the noise, vibration and dust level in the construction and operation phases will not reach the values necessitating either temporary or permanent resettlement of the affected persons.
36. The construction of the substation will create employment opportunities for the local
population, as some workers will be required during the project. The exact number of domestic workers will be determined by the Contractor, who will be responsible for the implementation of the project. Forced and child labor is strictly prohibited in ADB-financed projects. In general, the implementation of the project has a positive impact on the national and local socio-economic situation.
37. If the Construction Contractor damages private, public or state property during the
construction works, he is obliged to remedy the damaged property at his own expenses.
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4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION
4.1. General
38. Consultation meetings were held with relevant stakeholders. The field visit of specialists
took place on May 24, 2021.
39. The consultations focused on avoiding impacts on households, farmers, buildings and land of the business community, as well as temporary cessation of livelihoods, if any, as a result of the proposed construction works. The grievance mechanism explained in the local language (Uzbek) along with a list (names, addresses and contact phone numbers) of key persons in the PMU who should be contacted in case people living near the project area may have grievances / complaints. The consultation will be held in conjunction with the public consultation on the LARP update. People living near the substation will be invited to these meetings.
40. The main objectives of the public consultations are as follows:
to make people aware of the project and let the beneficiaries know about the
positive outcome of the project regarding reliable new employment opportunities, power supply
to disseminate information to the people about the project regarding its activities and scope of work
to involve people as stakeholders in project planning and further during implementation
to seek local peoples' views on minimizing probable adverse impacts on land acquisition, involuntary resettlement and indirect impact to livelihood
to make people aware of the plan of action to make people aware of the process of Grievance Redress Mechanism to assess the local people's willingness to get involved with the project, and
enumerate the measures to be taken during the implementation of the project to make people aware of the general policy principles of national laws and ADB
Safeguard Policy Statement, 2009 and full eligibility and entitlements. 4.2. Disclosure
41. The disclosure of DDR will be made on the website of ADB and NEGU, and also transmitted to the local authorities to inform people living near the project area, or are interested in information about the construction and operation of the “Zafarabad” substation. This information will explain the purpose of the project, and ADB's involuntary resettlement policy and grievance mechanism will be described in the local language (Uzbek). The list (names, addresses and contact numbers) of persons in the PMU who should be contacted will be distributed if a complaint is filed.
42. The project information will be disseminated through disclosure of the Resettlement Due Diligence Report (DDR) on ADB’s (in the English Language) and in the NEGU websites (in English, and Uzbek language) upon approval.
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5. GRIEVANCE REDRESS MECHANISM 5.1. General
43. Consultation meetings were carried out with relevant stakeholders, including design engineers of the project. As a result of discussions and consultations, a simple Grievance Redress Mechanism (GRM) is developed for the APs and stakeholders who may have complaints, recomendations or questions during the construction works.
44. The PMU, together with consultants through the NEGJ Branch NEGU, has already established a simple and accessible grievance redress mechanism under the previous sections of the NWRTLP, which provides some tools and levels for the grievance resolution and appeal process. The PMU's Safeguards Specialist and Consultant, through the NEGJ PMU's on-site representative, will monitor the project implementation and GRM. Thus, the same system will be applied in this project.
45. The primary goals of GRM are ensuring the receipt and timely redress of grievances and
concerns submitted by the aggrieved project affected persons and resolve complaints at the project level and prevent escalation to the national courts or ADB Accountability Mechanism.
46. People will have the right to file complaints and queries on any aspect of land
acquisition, compensation, and resettlement. The PMU will ensure that grievances and complaints on any point of the project implementation during the construction works are addressed in a timely and satisfactory manner.
5.2. Existing complaint handling mechanism in Uzbekistan
47. The existing complaints handling mechanism in the country is governed by the relevant law, according to which complaints can be submitted to makhalla, village assembly of citizens, farmer councils and, in the case of Loan 3285, directly to EA and Jizakh Main Power Network (JMPN) office (JMPN). JMPN is the entry point for receiving a complaint, known as a Grievance Focal Point (GFP). Upon receipt of a complaint, the GFP will establish contact with the PMU, makhalla and makhalla and other relevant bodies. The PMU will establish a complaint handling team headed by one of the JMPN management staff designated for handling grievances of the project. All complaints will be resolved in 15 days, and in case additional details are required, a maximum of 30 days will be used to resolve and close the complaint. The project level GRM does not prevent any AH to approach the national/government legal system to resolve their complaints at any stage of the grievance redress process. The APs can address their complaints to the courts at any time and not only after using the GRM. AP can also vent their grievances in the ADB Accountability Mechanism.
48. The National law on the appeals of individuals and legal entities obliges state authorities to deal with requests and provides a clear framework to handle the case. This law has recently replaced previous law on the requests of citizens and gives the right for individuals and legal entities to file requests. The requests can be in the form of applications, proposals and complaints and submitted in three ways: oral, written and digital format.
49. Any citizen in Uzbekistan has several channels to air his/ her complaints.
Village (or Makhalla) level:
- Physical visit to Makhalla Citizens’ Assembly Office to meet with Chair;
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- Call to President’s Virtual reception (tel. number is 1000 or 0-800-210-00-00) or send message to President’s Virtual reception online (www.pm.gov.uz);
- Call to hotlines established at each district or regional Khokimiyat; - Send written complaint (letter) to district/regional Khokim/ line Ministry/President; - Attend meetings with district/regional Heads of Sectors on integrated socio-economic
development of regions (4 sectors established in each district); - Attend meetings with the leadership of line ministries and agencies that have to
regularly meet with citizens in rural areas.
50. If a citizen is not satisfied with the reply provided by Makhalla Chair, or he has received an
incomplete response, the citizen can apply to the upper level, specifically to District
Khokimiyat.
District level: - Physical visit to Khokimiyat on citizens reception days to meet with district Khokim or
deputy Khokims - Call to hotlines established in each Khokimiyat - Physical visit to Public reception offices under President’s Virtual reception and
established in each district nationwide - Call to President’s Virtual reception (tel. number is 1000 or 0-800-210-00-00) or send
message to President’s Virtual reception online (www.pm.gov.uz) - Send written complaint (letter) to district Khokim/ line Ministry/President - Attend meetings with district/regional Heads of Sectors on integrated socio-economic
development of regions (4 sectors established in each district) - Attend meetings with the leadership of line ministries and agencies that have to
regularly meet with citizens in rural areas
51. If a citizen is not satisfied with the reply provided at the district level, or he has received an
incomplete response, the citizen can apply to the upper level, specifically to Regional
Khokimiyat.
Regional level: - Physical visit to Khokimiyat on citizens reception days to meet with regional Khokim or
deputy Khokims - Call to hotlines established in each Khokimiyat - Physical visit to Public reception offices under President’s Virtual reception and
established in each regional center nationwide - Call to President’s Virtual reception (tel. number is 1000 or 0-800-210-00-00) or send
message to President’s Virtual reception online (www.pm.gov.uz) - Send written complaint to a portal of the Ministry of Energy (http://cabinetpm2.gov.uz/) - Send written complaint (letter) to regional Khokim/ line Ministry/President - Attend meetings with regional Heads of Sectors on integrated socio-economic
development of regions (4 sectors established in each district) - Attend meetings with the leadership of line ministries and agencies that have to
regularly meet with citizens in rural areas.
5.3. Proposed project level GRM
52. The AHs will be afforded all possible ways to express their dissatisfaction at the project
implementation stage, if any. As part of the proposed grievance redress mechanism, the
AHs may appeal any decision, practice or activity related to land or other property
valuation, allotment and compensation.
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53. All AHs will be informed of the procedures that they can use to resolve
complaints. Information on the project level GRM will be distributed through the LARP
information brochure, which will be distributed to the AHs through the khokimiyat, mahalla
or village gathering of citizens or the farmers’ association.
54. The PMU will create a simple mechanism for handling and resolving complaints. The GRM provides a range of ways and methods for resolving complaints and conducting appeals processes. The main objective of the project complaints handling and resolution mechanism is the timely and convenient project level process for AHs resolution of complaints received from them. However, the grievance redress mechanism does not prevent AHs from accessing the country’s legal system at any stage of the grievance redress process. AHs can submit complaints to the courts at any time and not only after using the GRM. The following is a brief description of the GRM process:
i. Level 1 (Mahalla/Rural Assembly). According to the grievance redress mechanism, complaints can be submitted to the mahalla, rural gathering of citizens, the council of farmers or directly to IA. Mahalla/Rural gathering will try to resolve the complaint within 15 days. Unsolvable problems will be submitted to the contact person of the next level of the GRM process.
ii. Level 2 (National Electric Grid of Jizakh region). National Electric Grid of Jizakh region (NEGJ) office Main Power Network [MPN] MPN will be the place to receive complaints, acting as the GRM. NEGJ will contact the mahalla and local organizations such as the rural gathering of citizens, the council of farmers of which AH is a member, and will try to resolve the issue within 15 days.
iii. Level 3 (Project Management Unit). The PMU will regularly (every week) and upon request, ask the NEGJ about complaints. Upon receipt of an unresolved complaint from the NEGJ, the PMU will immediately take the following actions:
Inform the applicant within five days the status of the complaint resolution; Inform the ADB headquarters and representative office; It will create a complaints handling group including the Head of the PMU,
representatives from NEGU, the district khokimiyat, the cadastre and land administration, the mahalla or rural community of residents and/or the farmers' association and/or women's associations.
55. The team will be led by a senior PMU staff member appointed to manage project
complaints
(i) The group will advise the plaintiff and collect information about the plaintiff's questions; (ii) The Panel will also engage independent appraisers (in the case of complaints in need of
evaluation); (iii) All complaints will be examined within 15 days, and if additional information is needed, the
consideration and resolution of the complaint will take a maximum of 30 days; (iv) If the complaint cannot be resolved by the project complaint review team, the PMU
will inform ADB and the District Hokimiyat about this.
56. Level 4 (Regional Hokimiyat). If the complaint is not resolved within 30 days, the plaintiffs
or their representatives can submit their complaint to the Regional Hokimiyat. The
khokimiyat has 15 days to resolve the complaint.
57. The PMU will be responsible for registering complaints, taking steps to resolve the
problem, recording the meetings, and preparing a report for each complaint. The report on the complaints process will be submitted to ADB through the quarterly report on the implementation of the project as well. The entire GRM process is a subject matter of the semi-annual resettlement monitoring reporting.
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5.4. Contact Details
58. The PMU will be responsible for recording the complaint; the step was taken to address
the grievance, a minute of the meetings, and preparation of a report for each complaint.
59. The complaint handling process will be reported to ADB through the quarterly project implementation report. Citizens may address their complaint and concerns to the following address:
42, Osiyo street, Tashkent, 100000, Uzbekistan Tel/fax.: +998 71 236-68-38 E-mail: [email protected]
Mr. Azizbek Batirov - Safeguards Specialist
60. The aggrieved persons can also use the ADB Accountability Mechanism (AM) through the
direct citizens’ application to the Head Quarter in Manila, particularly to Complaints
Receiving Officer, Accountability Mechanism Asian Development Bank Headquarters 6
ADB Avenue, Mandaluyong City 1550, Philippines Email: [email protected], Fax +63-2-
636-2086.
61. AM is the last resort and ADB has its availability as a recourse in case other mechanisms
for dealing with harmful project effects are not successful. SPS requires GRM and the use
of project level GRM should be encouraged first.
62. The NEGU and its Project Management Unit will keep a record of complaints received for its use as well as for review by ADB during regular missions. The grievance mechanism applies equally to all affected households and for population living near to subrjects.
63. When reference is made to the makhalla, it is to the makhalla that the affected persons
are located. The PMU will be responsible for recording the complaint; the step was taken to address a grievance, minutes of the meetings and preparation of a report for each grievance. The complaint handling process will be reported to ADB through project progress reports. All grievances received from the population will be registered in a log book which should be available at levels 1 and 2: at the site office of the Contractor, each mahalla committee of subproject area districts and PMU Tashkent office. Besides, there are also logbooks in the Hokimiyats where the grievances of the population are usually registered. Even so, the information on received by Contractor grievances and applications from the aggregated persons, and undertook measures should be submitted to the representatives of PMU on the project site for the accounting all grievances. Thereafter the information on all received grievances will be collected at the PMU.
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6. LEGAL FRAMEWORK
64. This section describes the laws and regulations of Uzbekistan on land allotment and resettlement, as well as ADB policies and principles on involuntary resettlement. The project will be guided by the approved policy framework and standards as provided in the approved updated LARPs from Loan 3285.
6.1. Laws, Regulation, and Provision relating to LAR in Uzbekistan
65. In Uzbekistan, a land expropriation takes place for the State and public needs under the
Land Code (LC) and other legal documents. The expropriation in this context refers to the taking away of privately used land for a state and public purpose by the government with or without the lease holder’s consent subject to laws of eminent domain, which stipulates prompt and adequate compensation. Recent legal documents issued by the Presidential Decrees and the Cabinet of Ministers of Uzbekistan foresee to protect citizen’s and legal entities’ private ownership to land and for the building and structures. Collectively, these regulations provide a sound basis for acquiring land for the State and public purposes and for compensating land users a replacement cost at market values for the affected structures.
66. In Table 6.1 below the summary of legal documents used in the development of current
land acquisition and resettlement plan is presented.
Table 6.1: Legal instruments applicable for Land acquisition and Resettlement
Legal Framework Functional Relationship to Resettlement
Land acquisition and resettlement
The Land Code (LC) dated 30 April 1998 Describes a condition for permanent land expropriation and temporary land acquisition
The resolution of Cabinet of Ministers (CoM) “On Approval of the procedure of damages to citizens and legal persons in connection with the withdrawal of land plots for state and public needs” dated on 29 May 2006 #97
Regulates resettlement compensations for affected buildings, structures, and plantings in the settlements.
Civil Code (CC) dated on 29 August 1996 Regulates general rules of property seizure, determination of property cost and rights for compensation, terms of rights termination
The resolution of CoM “On measures to improve the procedure for granting land plots for urban development activities and other non-agricultural purposes” dated on 25 May 2011 #146
Regulates resettlement compensations for the income loss, the value of agricultural loss belonging to landowners, users, tenants in case of land acquisition. Also, it regulates the provision of land to land compensation in case of agricultural and forest relates losses.
The resolution of CoM “On amending and adding to some decrees of the Republic of Uzbekistan, aimed the further improvement of registration of cadastral document on a real property” dated on 21 September 2016 # 317
It defines the procedure of registration of titled and non-titled land users and real property owners. It also establishes the process and payment method for compensation in case of land acquisition.
Presidential resolution “On measures to improve the effectiveness of training and realizing projects with participation of international financial institutions and foreign government financial organizations” dated on
Confirms that the resettlement costs are paid based on assessment documents prepared by IFI by their methodology.
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Legal Framework Functional Relationship to Resettlement
16 July 2018 #3857
Presidential Decree “On measures on major improvement of the investment climate in the Republic of Uzbekistan" dated on 1 August 2018 #5495
Defines that land expropriation can be implemented only after meaningful consultation with PAPs.
Presidential Decree “On measures to improve the system of protection of rights and legal interests of subjects of entrepreneurship” dated 27 July 2018 # 5490
It defines the source of the Resettlement budget in investment projects.
Presidential Order F-5491(3 August 2019) “On additional measures to provide unconditionally the property rights of citizens and business entities”
The Law of Uzbekistan on Protection of Private property and Guarantees of Ownership rights dated 22 September 2012 # 336
The purpose of this Law is to regulate relations in the field of protection of private property and guarantees of property rights. It regulated the entitlement of property owners to full market value compensation in case of acquisition for the State needs.
Implementation of Land acquisition and resettlement
Presidential Decree “On measures on major improvement of the investment climate in the Republic of Uzbekistan" dated on 1 August 2018 #5495
Defines that land expropriation can be implemented only after meaningful consultation with PAPs. The resolution prohibits a land confiscation without the consent of the Republican Centralized Fund.
The resolution of CoM “On the procedure for the formation and use of funds of centralized funds for the compensation to affected individuals and legal entities for the expropriation of land for the state or public needs” dated 26 December 2018 # 1047
It defines the source of compensation payments based on the type of projects. Establishes Republican Centralized Fund (RCF) as the main body which is responsible for the compensation payments to AHs. The Supervisory Board of RCF decides on the allocation of funds for compensation.
Presidential Decree on Additional measures for social support of citizens and implementation of a latest public campaign on the recognition of ownership rights to illegally built residential structures dated on 20 April 2018 # PF 5421
Residents of Uzbekistan are allowed to legalize ownership rights to their unregistered and non-titled residential structures until 1st May 2019. The Decree defines the conditions for legalization.
The resolution of CoM “Additional measures for the implementation of modern and transparent mechanisms of the provision of land plots with long-life inherited possession rights for individual housing” dated on 28 January 2019 #63
The Resolution clarifies the definition of land expropriation for the State and public needs. Also, it regulates the allocation of land plots after the involuntary resettlement of physical and legal entities. The responsible authorities for the implementation of LAR are defined.
Categorization of vulnerable groups
The resolution of CoM “On approval of the order of the appointment and payment of social allowances and material (financial) assistance to low-income families” dated on 15 February 2013 #44.
Regulates the mechanism to the determination of vulnerable groups and their entitlements
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Legal Framework Functional Relationship to Resettlement
Tax Code of Uzbekistan Regulates compensation for a vulnerable group of people regarding applying for discounts or exemption from property taxes, land tax, income tax, and other taxes
Presidential Decree “About measures to implement the law “On the state budget of the Republic of Uzbekistan for the year 2020” dated 30.12.2019 # PP-4555
This Decree fixes exact amounts of all types of social allowances to be given to low-income families in Uzbekistan
Labor Code and Law on employment Regulates labor relations of individuals employed with labor contracts by enterprises, institutions, organizations of all type ownership forms, including contracted by individuals.
6.1.1. Constitution of the Republic of Uzbekistan
67. The Constitution of the Republic of Uzbekistan (December 8, 1992) provides that:
Everyone shall have the right to own property (Article 36). The economy of Uzbekistan, evolving towards market relations, is based on various forms of ownership. The state shall guarantee freedom of economic activity, entrepreneurship, and labor with due regard for the priority of consumers’ rights, equality and legal protection of all forms of ownership (Article 53);
An owner, at his discretion, shall possess, use and dispose of his property. The use of any property must not be harmful to the ecological environment nor shall it infringe on the rights and legally protected interests of citizens, juridical entities and the state (Article 54);
The land, its minerals, waters, fauna and flora, other natural resources shall constitute the national wealth and shall be rationally used and protected by the state (Article 55)
6.1.2. Land code (30 April 1998)
68. The Land Code (LC) is the primary regulatory framework for land-related matters in Uzbekistan. The LC regulates allocation, transfer, and sale of land plots, defines ownership and rights on the land. It describes responsibilities of different state authorities (Cabinet of Ministers, province, district, city Hokimiyat) in land management; rights and obligations of the land possessor, user, tenant, and owner; land category types, land acquisition, and compensation, resolution of land disputes and land protection. The LC also defines the terms of rights termination on the land plot, seizure and land acquisition of land plot for state and public needs, and conditions of confiscation of a land plot in violation of land legislation.
According to the new version of the Code, currently, the granted lands for the construction
of infrastructure, business, and residential houses shall be carried out within the three years. After that, the land will be taken back by local municipalities.
The land can be given for temporary use as a short term period (up to three years) or long term (from three to ten years).
The Code clearly defines (i.e., Article 23) that the land for construction of power transmission line shall be allocated out of the low quality agricultural or non-agricultural lands. The legal entity whom the land was allocated cannot use and take possession of the land until property deed has been issued.
6.1.3. Civil Code (29 August 1996)
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69. The Civil Code (CC) defines the legal status of participants of public relations, the grounds, and procedure of implementation of property rights and other proprietary rights, rights of intellectual property, regulates the contractual and other obligations, as well as other property and related personal non-property relations. The CC defines general rules of property seizure, determination of property cost and rights for compensation, terms of rights termination.
70. The CC provides that: a person whose right has been violated may demand full compensation for damages unless the law or the contract provides compensation for losses in a smaller size (Article 14, Clause 1). The Civil Code (Article 14, Clause 2) also specifies that losses are understood as:
expenses that the person whose right is violated, made or must make to restore the violated right;
the loss of or damage to property; the revenues that this person would have received under normal conditions of civil
turnover if his right had not been violated (lost incomes).
71. According to article 14, Clause 3 “If the person has violated the law, revenues received as a result of this, the person whose rights were violated, has the right to demand compensation along with other losses, lost profits in the amount not less than such profits.”
6.1.4. Resolution of the Cabinet of Ministers No. RCM-146 (May 25, 2011)
72. This Resolution is aimed to improve the procedure of granting land plots, protect the rights
of legal entities and individuals on land, and improve the architecture of settlements and the efficient use of their land for construction by the Land Code and the Town Planning Code. This resolution has approved two Regulations: (i) Regulation on the procedure for granting land for urban development and other non-agricultural purposes, (ii) Regulation on the method of compensation for landowners, users, tenants, and proprietors (in case of residential land), as well as losses of agriculture and forestry.
73. The Regulation on the method of compensation for landowners, users, tenants, and
proprietors, as well as losses of agriculture and forestry, includes the following:
Compensation for losses of landowners, users, tenants, and proprietors (hereinafter AHs);
Compensation for losses of agriculture and forestry; cost of irrigation and developing the equal new land plot in return for seized irrigated
agricultural land; Cost of fundamental improvement of grassland and pasture; Scheme for determination of losses of land possessors, users, tenants, and owners,
as well as damages of agriculture and forestry; Coefficients on the location of seized land plots.
74. In this LARP, the entitlements and compensation for AHs per resolution #146 have been
included. According to this resolution, AHs are entitled to the following compensations: - The cost of the land plot under the ownership of legal and physical entities - The cost of residential houses, structures, unfinished structures and structures that
are not directly affected but unviable to use after land acquisition. - The cost of fruit trees, windbreak forests and other perennial plantations - The cost of not harvested agricultural crops - Agricultural income loss (in case of land for land development compensation provided
to AHs, then agricultural income loss will not be provided).
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75. Compensation for AHs is provided in case of: - Permanent acquisition of land - Redemption of land - Temporary acquisition of land
6.1.5. Resolution of the Cabinet of Ministers No. RCM 317 (September 21, 2016)
76. The losses of land possessors, users, tenants, and owners, as well as losses in
agriculture and forestry, should be compensated before granting of documents certifying rights on the land plot. The regulation also orders that demolition of the house or building shall be done only after agreeing on compensation and providing replacement premises. The replacement procedure is done according to the Resolution of CoM № 63 which is detailed in section 7.2.15 in this report. The regulation orders that compensation has to be paid before starting any construction work. AHs whose land plots are seized and to whom land plots are granted, in case of disagreement with a defined amount of losses, can appeal to the court. In Uzbekistan, no monetary compensation for land to land for the affected residential lands is foreseen. Therefore, replacement land will be allocated in agreement with the physical and legal entity whose land is being acquired. This agreement is regulated through the Resolution of CoM № 63. This resolution shall be implemented together with the Resolution of Cabinet of Ministers #317 dated 21 September 2016.
77. In resolution # 317, there is no indication that in case of the above-mentioned purposes
AHs will also not be compensated. Based on this we consider that even though the land is being expropriated for public needs; still, the compensation for AHs shall be paid. By this resolution, the Government defined the procedure of legalization cadastral document of the titled and not titled (illegal) land users. The main requirements for the legalization of non-titled land users are to provide i) explanation of circumstances of unlawful use of land, ii) certificate from local self-governed bodies on possession of the last 15 years, iii) payment of land tax for the previous five years. This resolution updates the compensation mechanism of agricultural and forest-related losses. Therefore, in the calculation of compensation, this resolution shall be used together with Resolution of Cabinet of Ministers #146dated on 25 May 2011.
6.1.6. Decree of the President of the Republic of Uzbekistan No. PP- 3857 dated July 16, 2018
78. The resolution “On measures to improve the effectiveness of training and realizing
projects with participation of international financial institutions and foreign government financial organizations” partly provides that payment of compensation for the land acquisition, demolition of houses, structures, plantings within the framework of projects with the participation of International Financial Institutions (IFIs). If it is agreed and stated in agreements, then the project implementation procedure will be followed by authorized bodies following the requirements of IFIs or Foreign Governmental Finance Organizations (FGFOs). This resolution gives to Executing Agencies to implement ADB’s LAR or other principles in case of discrepancies between national legislation and ADB policies.
6.1.7. Decree of the President of Uzbekistan №5495 (1 August 2018)
79. The decree “On measures on cardinal improvement of the investment climate in the
Republic of Uzbekistan" regulates that the seizure of land for state and public needs is allowed only after an open discussion with interested parties whose land plots are confiscated. It also sets that demolition of residential, industrial premises, other structures,
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and structures belonging to individuals and legal entities and seizure of land is allowed after the full compensation of the market value of immovable property and losses caused to owners in connection with such seizure.
6.1.8. Law of Uzbekistan on Protection of Private property and Guarantees of Ownership rights 336 (22 September 2012)
80. The purpose of this Law is to regulate relations in the field of protection of private property
and guarantees of property rights. It regulates the entitlement of property owners to full market value compensation in case of acquisition of the property and land for the State needs.
81. According to the Law, withdrawal of the property, including a privately owned land, in
cases of nationalization and requisition, is carried out only after payment of full compensation to the owner at market value, as well as losses incurred to the owner in connection with such a withdrawal, unless otherwise provided by law. The owner has the right to appeal in court the decision on land expropriation, confiscation, and requisition of property in private ownership. According to Article 19, the Demolition of buildings and structures before the payment of full compensation is not allowed.
6.1.9. Presidential Order F-5491(3 August 2019)
82. The order “On additional measures to unconditionally provide guarantees of ownership
rights of citizens and business entities” has been issued after a number of breaching the national legislation in connection with involuntary resettlement and land expropriation for the State needs by local authorities in Uzbekistan. The main requirements of the Order are the following:
All the Involuntary resettlement activities in connection with the expropriation for the public
and the State needs must be consulted with the centralized fund that was established
under the Cabinet of Ministers to compensate for the LAR activities.
LAR Implementation can be carried out only after meaningful consultation with PAPs
(residents and business entities) and valuation of compensation, and payment of the
value of demolished buildings at replacement cost
Inappropriate/illegal issuance of the administrative documents by the respective
authorities to residents and business entities will be firstly compensated by the special
budget of the local respective authorities and sooner the compensation will be reimbursed
by the guilty person who issued that document.
Starting from August 5, 2019, all the LAR activities in connection with the expropriation for
the public and the State needs shall be carried out in 3 stages. 1st stage includes that all
the LAR documents shall be submitted to the Cabinet of Ministers (CoM), 2nd stage
includes the issuance of conclusion by the responsible persons at CoM, and in 3rd stage,
the prepared conclusions shall be submitted to the Prime Minister for review and issuance
of final decisions.
83. In general, this Order fully complies with the ADB’s SPS 2009 on Safeguard Requirements - Involuntary resettlement in regard to public consultation, compensation at replacement cost and provision of relocation costs. This Order clearly states that all the inappropriate documents that made property owners as illegal owners will be compensated as well. However, one discrepancy includes that property owner without any document (squatter) is not subject to compensation.
6.1.10. Resolution of Cabinet of Ministers № RCM - 1047 (26 December 2018)
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84. This full name of the resolution is called “On the procedure for the formation and use of funds of centralized funds for the compensation to affected individuals and legal entities for the expropriation of land for the state and public needs.” This resolution appoints Republican Centralized Fund (RCF) under the Cabinet of Ministers for calculation and distribution of compensation during the involuntary resettlements to affected households and affected entities. Involuntary resettlement can be done only for the public and the state needs. RCF will be responsible for the Governmental level and internationally funded projects. This resolution sets the procedure of compensation payments to affected physical and legal entities. The Supervisory Board under RCF has the right to decide, and the decisions are compulsory to execute. The Board will also monitor the allocation of funds to AHs during the resettlement implementation period. Local managing bodies (i.e., Hokimiyats) should start the process by inquiring to RCF on the distribution of necessary funds for LAR. The Board will review this application, and the appropriate decisions will be accepted. Regional Hokimiyats issue the Decree on the allocation of compensation based on the RCF’s decision. The Decree serves as a legal instrument to provide compensation to affected physical and legal entities.
6.1.11. Presidential Decree No. PD-5491 (August 3, 2019)
85. The decree announced a one-time nationwide campaign for recognition of the ownership rights to the residential premises that were built illegally or built without proper documentation. The campaign ended on May 1, 2019.
86. To be eligible for the campaign and legalize ownership right to an illegally built or without
a building permit structure following conditions shall be fulfilled:
The building should be built before the adoption of this Decree; Aland plot or part of the land plot is not located on land which cannot be realized for
housing purposes. These lands include the safety zones, protected areas, military zones; Shall meet requirements of urban planning norms and rules, as well as its possession will
not violate the rights and legally protected interests of other persons or pose a threat to the lives and health of citizens.
specific cases in which the non-titled buildings cannot be recognized by the Cabinet of Ministers of the Republic of Uzbekistan.
87. Recognition of the non-titled rights to buildings is carried out by the decision of the Hokim
of the district (city) on the recommendation of the Commission after paying a one-time fee in the amount of five times minimum wages.
88. After legalization, the owner is granted a lifelong inheritable possession right to the land
plot (part of the plot) on which the building was erected. The size of the legalized land shall not exceed the limits established by law. The legalization will be carried out without imposing a fine to the owner that was foreseen by Article 121 of the Tax Code of the Republic of Uzbekistan (see 5.2.12 Tax code).
6.1.12. Resolution of the Cabinet of Ministers № 911 of November 16, 2019
89. On November 16, 2019, the Cabinet of Ministers approved the “Regulation on the procedure for the seizure of land and the provision of compensation to owners of real estate located on the seized land." This Regulation defines the procedure for the seizure of land for state and public needs. The regulation applies if the land is in the possession, use or temporary use of individuals or legal entities (individual entrepreneurs, citizens of Uzbekistan, foreign citizens, business entities, NGOs) and does not apply to land owned (physical right of private ownership) by physical and legal entities. In this regard, it is not clear whether this provision applies only to lands that will be privatized in accordance with the Law on the Privatization of Non-Agricultural Land No. 552 (August 13, 2019).This key document relating to the LAR provides for the introduction of new rules regarding the procedure for compensation for land acquisition for public use and replaces Cabinet Resolution No. 97 (May 29, 2006). To date, the process was not transparent and did not
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have adequate protection for property owners. This rule applies to cases where land occupied by real estate is property on the basis of rights of permanent or temporary use.
90. The document clearly defines the term “state and public needs”, which, among other
things, includes the implementation of investment projects aimed at improving infrastructure facilities, including the construction and reconstruction of energy systems power lines and substation.
91. In accordance with the procedure introduced in the document, land acquisition is allowed subject to both of the following conditions: (i) the owner / user / tenant expressly gives his consent and (ii) the project is approved by the local Council of People's Deputies, or the investment project is specifically mentioned in the Decree of the President or the Resolution of the Cabinet of Ministers.
92. According to this resolution, both local municipalities (khokimiyats) and investors can
initiate the seizure of land in accordance with the procedures provided for in the rules. An open discussion is held with the representatives of the khokimiyat, investors and owners if land acquisition is necessary. A preliminary assessment of losses will be carried out by the khokimiyat or cadastral authorities. The Regulation mentions that “a complete list of real estate objects located on the site should be prepared, as well as other information relating to real estate”. Trees and standing crops are not mentioned as a subject of assessment and additional compensation, therefore Cabinet of Ministers Resolution No. 146 (05/25/2011) will be applied to compensate for these assets. Kengashs of people's deputies will consider the benefits and costs of land grabbing, and if there are sufficient resources, as well as if the benefits and costs are exceeded, a decision will be taken to seize the land. The property that will be confiscated will be evaluated at the expense of the initiator. When 75% of the owners give their consent to the seizure of land, the initiator has the right to go to court to receive a binding order to sell the remaining portion of the 25% of the owners. In such cases, compensation should be determined by a court decision and not by an agreement on compensation. This procedure, in any case, guarantees the full cost of replacement. New items that are part of the compensation for confiscation must be provided within 2 years, otherwise fines are imposed for each day of delay. The demolition of real estate is permitted only after full compensation to its owner, as provided for in the compensation agreement (or by a court decision in the event of a dispute). The khokimiyats are not authorized to make decisions on the seizure of land. The khokimiyat or investor and owners, and this agreement is notarized. The initiator and the owner of the property must enter into an appropriate compensation agreement subject to notarization. The agreement should include the type(s) of compensation, its size and terms of payment and / or provision of other compensatory measures. Demolition of real estate without agreed compensation is not permitted.
93. After providing the agreed compensation to the owners: (i) the real estate / property is
issued by the owner (ii) the draft resolution on the demolition is sent by the khokimiyats to the justice authorities to issue an opinion. The decision on the demolition of real estate is adopted only if there is a positive opinion of the justice authorities. (iii) The transfer of real estate located on the seized land to another person is allowed only with the written consent of the initiator after signing the Agreement or in case of termination of the Agreement (in the manner provided for by the Agreement, with the consent of the parties or in court). (iv) The owner who has acquired the property subject to demolition is the assignee of the rights and obligations of the previous owner arising from the Agreement concluded in accordance with this Regulation. (v) Monitoring the implementation of legal requirements for the seizure of land, the demolition of real estate, the resettlement of citizens, as well as the provision of compensation is carried out by prosecution authorities. (vi) The owner, by agreement with the initiator / investor, now has the right to carry out the demolition of property / structures at his own expense with the subsequent removal of all materials (recyclables) and construction waste , as well as with proper cleaning of the territory for the construction needs.
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94. This procedure takes effect on January 1, 2020. It is also important to note that in case of
untimely or incomplete provision of compensation by the project initiator, the khokimiyat must provide compensation with a subsequent appeal to the court with a request to recover compensation from the perpetrators.
95. The ability to store recyclables is a very important issue for displaced households (as they
can use lifesaving equipment to build new homes). Previous Ordinance No. 97 (May 25, 2006) determined that all rescue equipment is the property of the investor (after compensation has been fully provided by the displaced AH). However, even with this strict requirement, most of the projects supported by international financial organizations in Uzbekistan (including projects funded by ADB) allowed displaced APs to save salvation as an additional measure of protection. During this LARP preparation, the issue of rescue materials was addressed by NEGU in the light of the new Regulation No. 911. The new option/privilege provided by the relocated AH allows that, by agreement with NEGU, AH will have the right to carry out the demolition of property/facilities at its own expense with the further removal of all materials and construction waste and with appropriate cleaning of the territory for the needs of construction. With the exception of the economic burden for AHs related to the complete “proper cleaning” of the area, several issues should be considered: (i) There is no definition in the Regulation “proper cleaning”. This may be an obstacle to the implementation of the project. (ii) Construction waste management issues are very important. Cleaning up residential yards can result in hundreds of tons of waste being thrown into neighboring areas instead of relatively remote designated areas. Therefore, this process should only be controlled by the Contractor. (iii) The Regulation does not contain specific time frames for the self-destruction of houses. In practice, people will not be able to meet the construction schedule, and the Contractor will wait until AHs clears everything.Based on Decree No. 911 and after considering the problems mentioned above, NEGU will allow people to begin the process of self-destruction in order to obtain recyclables at least two weeks before the Contractor begins cleaning the territory. The AG will also be able to collect rescue funds from their previous sites even during demolition (but during non-working hours of construction work).
96. This resolution defines the procedure for the appointment and payment of benefits for the mahalla for: a) low-income families with children under the age of 14, b) benefits for parents with low incomes for caring for a child until they reach the age of two and with; ) allowance for low-income families. In accordance with this resolution, the following types of families are eligible for benefits:
• Families where the average monthly income does not exceed 52.7% of the minimum
wage per person over the past three months (Along with the income that family members receive officially, members of the makhalla committee must also take into account additional factors, including land availability, employment status of family members and the presence of people in need of care);
• Lost parents and children in the care of relatives; • Families in which one or both parents are disabled; • a widow raising two or more children under the age of 14 years living separately from
other relatives; • a family with children with disabilities; • mothers or fathers raising children in a single-parent family. In this case, the fact of raising
the child by the mother (father) in an incomplete family created by the mahalla; • families in which one or both parents are unemployed, who are registered with state
employment agencies (regional and city departments of the Ministry of Employment and Labor Relations) as job seekers;
• single pensioners.
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6.1.13. Resolution of Cabinet of Ministers № 44 (15 February 2013)
97. This resolution determines the procedure for the appointment and payment of Makhalla allowances for a) low-income families with children under the age of 14 years, b) allowances for low-income parents for childcare until the age of two years and c) allowance for low-income families. According to this resolution the following types of families are entitled to benefits:
families where the average monthly total income3 does not exceed 1.5 minimal wages per person during the last three months. Along with incomes household members gain officially, additional factors are also to be considered by makhalla committee members, including the availability of land, employment status of family members, and presence of persons in need of care;
the preferential rights for makhalla allowances have families who have lost both parents and children involved in family education;
families where one or both parents are disabled children; widow(er), raising two or more children under the age of 14, living separately from other
relatives; family with disabled children; mothers or fathers who are bringing up the children in a single-parent family. In this case
the fact of a child-rearing mother (father) in an incomplete family established by makhalla; families in which one or both parents are unemployed who have been registered at state
employment bodies (regional and city departments of the Ministry of Employment and Labor Relations) as job-seekers;
single retired persons.
98. The amount of allowances is determined by the Ministry of Finance of the Republic of Uzbekistan according to calculations submitted by the People’s Bank. According to the interpretation of this Resolution by the Ministry of Finance4, the amount of financial assistance can be from 1.5 times up to three times of minimum wage5. The maximum duration of giving an allowance is up to six months.
99. The family, recognized by the citizens' assembly as the family in need, has the right to
receive only one type of allowance or financial aid.
6.1.14. Tax code
100. The Tax Code (TC) is a regulatory framework for taxation related matters of individuals and legal entities. This law regulates compensation for a vulnerable group of people regarding applying for discounts or exemption from property taxes, income tax and other taxes stipulated in this TC.
101. By article 121, the use of entire land plot or expanding the territory without documents or
illegally is subject for sanctions in the amount equivalent to:
Four times of land taxes for legal entities; Three times of land taxes for physical bodies;
3 The total family income are considered as earnings in the form of wages, property income, income of an individual
entrepreneur, the amount of money from family members working abroad or doing business, pensions, scholarships and
allowances (described in this explanation), other than the allowance or financial assistance received by the family, income from
running a personal dekhkan farm and other incomes established by the legislation of the Republic of Uzbekistan. 4 https://www.mf.uz/uz/news/2615.html 5 Since August 2019 the minimal wage was set at 223,000 UZS per month, thus the low-income line has been set at 334,500 UZS
(35 USD) per month per person. Based on this methodology the official low-income line (as nominal indicator) is about 1.2 USD per
day per capita.
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According to the Presidential Decree 5421, this fine is not applied during the campaign period till 1st May 2019.
6.1.15. Resolution of Cabinet of Ministers # 63(28.01.2019)
102. The resolution of CoM “Additional measures for the implementation of modern and
transparent mechanisms of a provision of land plots with long-life inherited possession rights for individual housing”. This resolution defines the procedure for the provision of land for the State and public needs.
103. The state needs6 – provision of land plot for the needs of:
- the needs of defense and state security, the creation of protected natural territories, the creation and functioning of free economic zones;
- fulfillment of obligations arising from international treaties of the Republic of Uzbekistan;
- discovery and development of mineral deposits; - construction (reconstruction) of roads and railways, airports, airfields, air navigation,
and aero technical centers, railway facilities, bridges, subways, tunnels, energy systems power lines and substation, communication lines, space activities, trunk pipelines, engineering, and communications networks ;
- execution of master plans for settlements in the construction of facilities at the expense of the State budget of the Republic of Uzbekistan, as well as in other cases provided for by the legislation of the Republic of Uzbekistan;
104. Public needs - the need for construction of:
- automobile motorways and pedestrian walkways to buildings and structures, territories belonging to legal entities, regardless of legal forms, as well as individuals;
- engineering communications to buildings and structures, territories belonging to legal entities, regardless of their legal form, as well as to individuals;
- irrigation canals and other water arteries, reservoirs designed to supply water to the population, green spaces, and crops;
- state educational and medical institutions, boarding schools, houses of mercy, as well as in the framework of public-private partnerships;
- areas, as well as recreation parks, alleys, boulevards, recreation areas, lakes, reservoirs, ponds and other recreational facilities financed from the State budget of the Republic of Uzbekistan and funds of state organizations formed from sources not prohibited by law;
- affordable residential buildings for typical projects in rural areas and cities as part of targeted programs.
105. It clearly defines what kind of organizations is eligible to get land in the frame of the State and public needs. According to the Resolution, there are 15 stages for a procedure for the provision of land for the State and public needs.
106. In case of allocated land is under the ownership of the legal or physical entity, the
provision of a land plot for state and public needs for the interested organization is carried out only after the acquisition (procurement) of the land plot from the physical and legal entities in the established order. The decree on land acquisition is regulated through the Presidential Order #5495, which regulates that the seizure of land for state and public needs is allowed only after an open discussion with interested parties whose land plots are confiscated. It also sets that demolition of residential, industrial premises, other
6 Note: According to this resolution, land for the construction of substation for the section 1 is considered as allocation of land for
the State needs.
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structures, and structures belonging to individuals and legal entities and seizure of land is allowed after the full compensation of the market value of immovable property and losses caused to owners in connection with such seizure.
107. The size of the land plot to be offered as a replacement for the acquired land due to the
public and state needs is agreed with the owner of the affected land plot. In Uzbekistan, all the lands are to be allocated on the electronic platform by participating in the auctions. According to this resolution, affected households are exempted from the participation in auctions and land will be given by the Hokimiyats directly. A procedure for land allocation without auctions is done through an application to be submitted by the affected household to Hokimiyat. Hokimiyat then offers to AHs a suitable land. If AHs agree with the replaced land plot, then they shall declare their agreement by writing manually agreement letter
6.1.16. Resolution of the President # 4555 (30.12.2019)
108. This resolution is issued to approve and implement the law “On the State Budget for the year 2020”. It describes budget incomes and expenditures in 2020, spheres and amounts of the state duget spending, roles of different central and local government bodies in the process of state implementation of state budget parameters and other issues related to budgeting.
109. The resolution fixes the following minimum amounts which are considered effective since 1 February 2020. minimum wage — 679,330 UZS/month; basic amount for pensions calculation — 238,610 UZS/month; minimum pension amount— 466,680 UZS/month; allowance to disabled people who are disabled since childhood — 466,680 UZS; minimum amount of allowances for elderly and incapable people who do not have
necessary work experience — 286,390 UZS/month.
110. The resolution fixes amounts of allowances amounts for families with children under the age of 14, child care allowances until the child reaches the age of two and financial assistances to low-income families. The parameters are given in the below table.
Table 6.2. Financial aid and allowances amounts fixed in of the Repolution of the President of Uzbekistan #4555
Type of allowances and financial aid Amount (UZS)
1. Allowances for families up to age14
including:
families with one child 131, 000 families with two children 217,000 families with three and more children 304,000
2. Childcare allowance up to 2 years 434,000
3. Allowance to low income families from 326,000
to 653,000
4. One-time financial aid to low income families in Karakalpak Republic and Jizakh province
from 434,000 to 1,085,000
6.1.17. Labor code and employment law
111. These two documents are central legislation regulating labor relations of individuals employed with labor contracts by enterprises, institutions, organizations of all type ownership forms, including contracted by individuals. These legislations are considering interests of employees and employers provide the efficient function of the labor market, just and secure labor conditions, protection of labor rights and employees health, promote
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the growth of labor productivity, an increase of work quality, rising on this matter welfare and social livelihood level of the population.
112. Both ADB policy and the Uzbek law provide for the indemnification of APs who lose a job
because of land/assets acquisition under a public interest project. The two, however, differ substantially on how the matter is conceptualized and resolved in practice. ADB policy compounds the case as an income rehabilitation issue and thus requires that the actual job income lost by the APs is fully reimbursed to them. This approach covers temporary and permanent job losses and is generally implemented through an allowance providing the APs their declared monthly salary (what should be substantiated by the supporting documents) for the number of months of business stoppage up to a maximum of 12 months which is the benchmark for permanent job loss. For informal permanent jobs without declared salaries, the approach is the same but based on the national minimum wage. To guarantee proper policy application the payment of the job loss allowances are to be directly disbursed to the APs by the project proponent.
113. The national legislation, instead, limits the matter to the payment as mandated by the
Labor Code of fixed employment termination indemnities due by an employer to his employees and to the obligation of the project proponent to reimburse the employer of the cost of those indemnities mandate by the Civil Code. Such an approach excludes from job loss compensation informal employees without a declared salary, applies only to permanently affected jobs and does not automatically guarantee that the APs receive their job termination dues7.
6.1.18. Resolution of Cabinet of Ministers “About Approval of Rules of Protection of
Power Supply Facilities”
114. The Resolution with the reference number 1050 dated 26.12.2018 is the legal text which regulates issues related to Right of Ways of power supply facilities. The resolution says that in case of agricultural land plot that is located on the right of way of power supply facilities including transformers, networks, substations etc., repair works on such power supply facilities can be implemented in a season when there is no crop on the land. If agricultural crops are damaged due to emergency repair works on power supply facilities, such crops must be compensated.
115. According to this resolution land plots of users located within the right of way of existing
power supply facilities cannot be acquired permanently. In case such lands are needed to be acquired, then the requirements of the government resolution No.97, dated 29.05.2006 and No.146, dated 25.05.2011 shall be triggered, i.e. full compensation shall be paid due to land acquisition and before the land acquisition.
117. Land users whose lands are located in the right of way of power supply facilities do not
have rights to construct structures, facilities, houses, plant trees or bushes which can disrupt the safe operation of the power facilities or block access to them. In such cases, a power supply company can apply to local administration with a request to demolish such facilities or plantings. No compensation is paid in this case.
6.2. ADB Safeguards for Involuntary Resettlement
118. ADB adopted its Safeguard Policy Statement (SPS) in 2009 including safeguard
requirements for environment, involuntary resettlement, and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary
7Based on the Labor Code of 1996, last amended on 2015 (Article 67) loss of employment is to be compensated with 2 months average salary plus
a severance pay of a maximum of 1 month average salary depending on the length of the employment lost. Also according to the Civil Code
(Article 14) all losses (including real damage, lost incomes) are to be compensated.
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resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.
119. The involuntary resettlement safeguards cover physical displacement (relocation, loss of
residential land, or loss of shelter) and 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. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. The three essential elements of ADB’s SPS are: (i) compensation at replacement cost for lost assets, livelihood, and income prior to displacement; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. The SPS gives special attention to poor and vulnerable households to ensure their improved well-being as a result of project interventions.
120. The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments if any. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and district, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account. The following are the basic policy principles of ADB’s SPS, 2009:
(i) Screen the project early on to identify past, present, and future involuntary resettlement
impacts and risks. Determine the scope of resettlement planning through a survey and census of displaced persons, including gender analysis, specifically related to resettlement impacts and risks.
(ii) Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate the resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.
(iii) Improve, or at least restore, the livelihoods of all displaced persons through (a) land-based resettlement strategies when affected livelihoods are land-based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (b) prompt replacement of assets with access to assets of equal or higher value, (c) immediate compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit-sharing schemes where possible.
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(iv) Provide physically and economically displaced persons with needed assistance, including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and community services, as required.
(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.
(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through a negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.
(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.
(viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.
(ix) Disclose a final resettlement plan, including documentation of the consultation process promptly, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.
(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.
(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.
(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
6.3. Policy differences and reconciliation
121. A summary comparison between the Uzbekistan law and regulation and ADB policies, and reconciliation provisions to fill the gaps is presented in Table 6.2 below:
Table 6.2. Comparison of ADB resettlement safeguards with Uzbekistan law and
regulation for land acquisition and resettlement
ASPECT ADB NATIONAL UZBEK
REGULATIONS HARMONIZED FRAMEWORK
SOCIAL SAFEGUARDS REQUIREMENTS
Involuntary Resettlement
ADB Safeguard Policy Statement (2009)
The legal and policy framework of the project is based on national laws and legislation related to land acquisition and compensation policy in Uzbekistan, that are
The analysis of national legislation shows that Uzbekistan is adopted a number of presidential decrees and governmental resolution that fits
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ASPECT ADB NATIONAL UZBEK
REGULATIONS HARMONIZED FRAMEWORK
described in Table 7.2 policies of SPS 2009
Categorization
ADB carry out project screening and categorization at the earliest stage of project preparation when sufficient information is available for this purpose. Type of project categorizations is A, B, C, FI.
According to legislation, there is no categorization in Resettlement documents.
ADB’s SPS 2009 will be used.
Compensation entitlements
A. APs with the formal title has to be compensated for lost land/other assets.
B. APs with the legalizable title have the right to be compensated for lost land and assets after the EAs help them in legalizing their assets.
C. APs with no legal title are compensated for lost non-land assets.
A. APs with the formal title is compensated for lost land/other assets.
B. APs with legalizable or no legal title can be legalized per Presidential Decree #5421. Only lands of residential houses that are located in safety zones, safety zones, protected areas, military zones cannot be legalized. C. APs with non-legalizable titles considered non-titled as legalization is a burden of the APs. Non-legal APs have no right to be compensated for land and non-land assets.
A. Same in principle/application. No reconciliation needed. B. Same in principle/application. No reconciliation needed. C. Per Resolution of CoM #3857, in case of discrepancies between International Financial Institution in terms of payment of compensation for the land acquisition then IFI policies prevail. So ADB policy will be used
Compensation A. Permanent loss of land. Replacement land as a preferred option or cash compensation at full market rate. At least for legal/legalizable APs. B. Replacement of leased land. Based on the replacement of lost income through cash compensation of gross income x the remaining lease years or a replacement land lease.
A. Permanent loss of land. Replacement land for legal APs. B. Replacement of leased land. Based on lease replacement and compensation in cash all losses including lost income.
A. Same in principle/application for legal APs. Reconciliation needed both for principle and application to allow the compensation of all non-land losses of legalizable and non-legal APs, which shall be covenanted. B. Same in principle. Application to be further improved. No reconciliation needed.
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ASPECT ADB NATIONAL UZBEK
REGULATIONS HARMONIZED FRAMEWORK
C. Loss of structures/ buildings. Cash compensation at replacement cost for a lost item free of depreciation, transaction costs, and other deductions. D. Loss of indirectly affected items. Not affected parts of an asset no longer usable after impact will have to be compensated as well. E. Business losses. Reimbursement of actual losses + business re-establishment costs. For an application based on tax declared income for a period of business stoppage. In the absence of a tax declaration based on maximum non-taxable salary. F. Loss of trees: i) Unproductive. Irrespective of legal land occupancy status compensation at market rate. Application-based on tree type/ wood volume or other methods ensuring AP rehabilitation. ii) Productive. Compensation at replacement cost based for application on various methods: tree reproduction cost, income lost (x tree type x market value of 1-year income x full production years lost). G. Loss of crops. Compensation of crop in cash at market price.
C. Loss of structures/buildings. Cash compensation at market cost for a lost item free of depreciation, transaction costs, and other deductions. D. Loss of indirectly affected assets. Law requires that all losses including lost incomes are to be compensated to all legal APs. E. Loss of business. Cash compensation at market value for all damages/opportunity costs incurred. The burden of proving opportunity costs rest on the AP based on recognized documented evidence but no clear methodology. F. Loss of unproductive and productive trees. Unproductive as well as productive trees affected by a public project are to be compensated according to the independent valuator's report, but with no right to have felled trees. G. Loss of crops. Loss of crops to be compensated. There are two forms of compensation of loss of crops: i) compensation of uncompleted agriculture production and ii) compensation of lost income by multiplying four (years) average income for the last three years.
To be reflected through instruction for ADB projects. C. No reconciliation of principles and application needed. However, it is required the establishment of a protocol allowing the compensation of structures/ building at replacement cost, when the salvageable materials remain with the developer or landowner provides full reimbursement to the owner. It is hoped that this can be formalized without legal reform but only a Decree for ADB projects or through the inclusion of additional safeguard covenants into the loan agreements which are equivalent of the international treaty or agreement. D. No reconciliation of principles and application needed. E. Same in principle but ADB does not consider opportunity cost. Application reconciliation needed to define a clear methodology and distinguish short- and long-term losses. F. Same in principle, different in application. Already adjusted for previous ADB projects but Application reconciliation shall be
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ASPECT ADB NATIONAL UZBEK
REGULATIONS HARMONIZED FRAMEWORK
covenanted ensuring systematic law implementation, and also cash compensation is provided by default, ensuring and use of valuation standards fitting SPS 2009. G. No reconciliation for a policy is needed, but shall be covenanted to ensure that crops are compensated at the moment close as much as possible to the date of calculation lost income.
Involuntary Resettlement Planning, assessment, and valuation of impacts
Land Acquisition and Resettlement Plan (LARP). LARP preparation includes: a) impacts assessment/AP census; b) definition of entitlements, income/livelihood restoration strategy, compliance & grievance redress mechanisms, institutional arrangements; c) consultations results; d) monitoring schemes; e) budget and implementation schedule. LARP requires the following surveys: i. Measurement survey. Measures all affected items. ii. AP Census. Identifies all APs and establishes legitimate beneficiaries based on legal status. iii. Socio-economic survey. Provides background information on AP’ socio-economic features. iv. Valuation survey a) Land: If land market exist based on a survey
Resettlement Plan. There are no requirements to prepare integrated and stand-alone LARP. LAR planning entails similar but less extensive/simpler assessment/survey efforts than ADB Policy, as detailed below: i. Measurement survey. Land and buildings impacts measured. Other impacts identified but not measured; ii. APs Identification. Identifies only legal APs; iii. Socio-economic survey. No comparable requirements exist; iv. Valuation survey; a) Land: valued at a market rate based on a transactions survey. The valuation includes transaction costs/third party liabilities; b) Buildings and structures. Replacement cost but the salvageable materials remain with the developer or landowner provide full reimbursement to the owner; c) Trees/crops. Based on the methodology detailed in section Compensation F. and G.
Partly different in principle and application. No reconciliation needed as law/regulation is silent on this matter and SPS (2009) requirements have been already applied in previous ADB projects. Still, clear instructions regarding ADB projects ensuring the measurement of all impacts and the counting of all AP are needed for mainstream purposes. i. Detailed Measurement Surveys to be mainstreamed for all impacts; ii. Detailed count of individuals to be mainstreamed; iii. The execution of the survey is to be mainstreamed; iv. Valuation survey a) The land is not valued because of compensation land to land; there is only measuring land area and valuation of land
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ASPECT ADB NATIONAL UZBEK
REGULATIONS HARMONIZED FRAMEWORK
of recent transactions; without land market based on land productivity/ income; b) Buildings and structures. The replacement cost of materials, labor and transport and special features of building/structure without discounting depreciation, salvageable materials, and transaction costs; c) Trees/crops. Based on the methodology detailed in section Compensation.
quality (productivity/soil quality) to compensate land to equal land; b) Already reconciled for previous ADB projects.
Procedural mechanisms
A. Information disclosure. Resettlement-related documents to be timely disclosed in the AP language. B. Public consultations. Meaningful public consultations are to be held with the APs. APs should be informed about their entitlements and options, as well as resettlement alternatives. C. Grievance procedure. A Grievance Redress Mechanism (GRM) is to be established for each project. Information on GRM to be communicated to the APs. D. Asset acquisition conditions. Property can be acquired only after full compensation is paid to the APs.
A. Information disclosure. No disclosure requirement exists. B. Public consultations. Matters of local importance to be publicly discussed with local authorities. But no requirement to consult the APs directly. C. Grievance Procedures. Each state agency/ministry must follow to detail instructions (approved by the government) on registering and reviewing the concerns and claims from citizens.
D. Asset acquisition conditions. Property can only be acquired after full compensation is paid to APs.
A. Different in principle and application. Already reconciled for ADB projects. B. Same in principle but different in application. This is already reconciled for ADB projects. C. No reconciliation is needed. D. Same in principle, but unsystematic in the application. Application to be improved.
Assistance to vulnerable and severely affected AP
A. These APs are to be identified, and special assistance is to be provided to restore/ improve their pre-project
A. There are no special laws or regulations for livelihood restoration due to land acquisition and involuntary resettlement
A. Resolution of the Cabinet of Ministers № 911 of November 16, 2019
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ASPECT ADB NATIONAL UZBEK
REGULATIONS HARMONIZED FRAMEWORK
level of livelihoods. impact. However, there are a number of legislative documents related to social support and livelihood improvement measures considered by the government of Uzbekistan to consider social allowances and needy families through Cabinet of Ministers resolutions (#350 dated 12 December 2012, #44 dated 15 December 2013, and #165 dated 30.03.2017) and to consider disabled people through the Law on social protection of disabled people (#422-XII, 18 November 1991). According to the Presidential Decree #4555 dated 30.12 2019, the exact amount of all types of social allowances to low-income families within Uzbekistan is given Thus, support of vulnerable groups of the population is provided on the regular base by the Government on central and local levels and does not require additional payments in connection with the project implementation.
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7. INSTITUTIONAL ARRANGEMENT 7.1. General
122. This section describes institutional arrangements for preparing, implementing, and
monitoring involuntary land acquisition and resettlement activities of the project including a description of organizational procedures for delivering entitlements, implementation process, including how resettlement preparation, approval, and implementation will be linked to contract awards and the start of the project’s civil works.
7.2. NEGU and Project Management Unit
123. The NEGU will have overall responsibility for all aspects of the program. The Project Management Unit (PMU) within NEGU will be responsible for the day to day management of the Project including cross-agency coordination, and via the Resettlement Expert (RE) for LARP implementation and monitoring the compensation and disbursement.
124. The RE under PMU will be directly involved in all LAR related planning, implementation,
inter-agency coordination, monitoring and reporting. The RE will receive support from the relevant project consultants and benefit from inputs from the Design Institute (DI), district/city executive authority and land resources and cadaster department as appropriate.
125. The National Electric Grid of Jizakh (NEGJ) is one of the branches of NEGU, responsible
for the transmission of electricity and maintenance of power transmission lines and substations in the central region of Uzbekistan. NEGU is responsible for the sustainable and regular maintenance of electricity, consumers, as well as maintaining the network in constant high-tech operation. This organization united 14 regional branches, the so-called backbone electrical networks (NEG). Through NEG, power is transferred from the power plant to the regional electrical networks.
126. NEGJ will be the entry point for receiving a complaint or known as a Focal Grievance
Point (FGP). Moreover, NEGJ will ensure local monitoring of LARP implementation assisting PMU in all LARP related implementation activities.
128. NEGU as the EA has established a PMU with required staff, including a safeguards
specialist within the PMU. NEGU will also be responsible for the selection of Construction Supervision Consultant (CSC). NEGU and its PMU will be responsible for finalizing final LARP after detailed design with support from resettlement consultants hired by "GOPA-International Energy Consultants GmbH". NEGU will be capable for approval of adequate budgetary support for DDR implementation and will facilitate coordination with the concerned government line agencies on LAR activities as well as with independent valuation firms. NEGU and its PMU will be responsible for finalizing/updating the draft LARP, getting the government’s endorsement, approval of the DDR from ADB and will ensure compliance regarding complete payment of compensation to APs before the start of civil construction.
7.3. Social Safeguards Specialists (SSS)
129. NEGU has hired "GOPA-International Energy Consultants GmbH" as Project Implementation Consultant (PIC) for the overall development of and final LARPs. An International and national Social Safeguard Specialist (SSS) of PIC will work closely with PMU’s Safeguards Specialist and the engineering team. SSS will assist in all necessary
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information to develop and prepare updated LARPs for other sections based on detailed designs. The SSS will assist Safeguards Specialist of PMU in the overall supervision of the project and ensure that LAR activities are implemented in a smooth and timely manner by the provisions of the LARP.
7.4. Design Institute - JSC “Uzenergoinjiniring” (Uzenergoinjiniring)
130. Uzenergoenginiring is one of the most significant design and survey companies in Uzbekistan., For the development of projects for high-voltage transmission lines and substation. He has past experience with previous NEGU transmission line projects and substation. In this project, Uzenergoenginiring will be responsible for finalizing the working project.
131. Uzenergoinjiniring will collaborate and work closely with the PMU/Safeguard Team and
has the following tasks:
i. look for measures and alternatives to avoid and minimize land acquisition and
resettlement impacts during detail design;
ii. assemble all documents required for compensation if any impactis determined during
detail design;
iii. carry out topographic surveys of the expropriated land and replacement lands, if any;
iv. elaborate layouts indicating the location of worksites, permanent infrastructures and
perimeter of 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 landmarking of the land allocated for the construction.
7.5. UzDavYerLoyiha Design Institute
132. This Design Institute is mainly responsible for land use designs in Uzbekistan. By the Resolution of Cabinet of Ministers #317, Uzdavyerloyiha is the authorized institution that develops documentation for land acquisition and land allocation and calculates agricultural losses due to permanent and temporary land acquisition. It is also responsible for identifying and verifying property boundaries and ownership for allocated land during the preparation of the Land Acquisition and Allocation Act (land acquisition).
7.6. Cadastral Agency under the State Tax Committee of the Republic of Uzbekistan
(CA)
133. Cadastral Agency is a permanent committee with its Provincial and District level branches. However, it plays an enhanced role throughout implementation. It is responsible for:
· identifying land losses incurred by land users plus agricultural output losses
· determining the degree and area of land restitution, including removal and
temporary storage of productive soil layer
· determining the need for protective sanitary and water protection zones around
constructions
· preparing proposals on the allocation of land plots of equal value under land for
land
· investigating alternatives to acquiring currently used land through developing
unused land
· approving the Implementation Act and the attached plan
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· amending government edicts on land use and land ownership as well as other
cadaster documents.
7.7. District (Khokimyat) (Governorates)
134. District (Khokimyat) will be intimately involved in the LARP review and implementation which forms the Commission on Land Acquisition and District Evaluation Commissions. These will form district land acquisition and resettlement committee (DLARC) which will undertake the following:
· outline locations of constructions and structures affected by the project · select a land for the construction sites · approves the decree for the right to use the land plot · forwards the complaints of citizens and affected households to PMU.
7.8. Community-Based Organizations (CBOs)
135. Board of Farmers in Uzbekistan (BFU) and Makhalla leaders will be involved in land acquisition activities to ensure the rights and interests of affected households.
136. Implementation of LARP will require close coordination with the local Makhalla representatives and Board of Farmers. This coordination will help NEGU in the following:
i. dissemination of LARP related information; ii. checking timely disbursement of compensation to Ahs; iii. obtaining early warnings on the grievances of AH iv. verifying as to whether the vulnerable AHs were identified according to requirement laid
down in this LARP and; v. collecting information regarding any unexpected impacts, if any, being incurred by the
Ahs; vi. forwards the complaints of citizens and affected households to PMU.
8. IMPLEMENTATION SCHEDULE
137. Upon the approval of final DDR, notice to proceed for construction works will be given by ADB to NEGU. The activities mainly includes initiation of the land development process, site preparation for delivering the site to contractors for construction and finally commencement of the civil work. There is no any compensation payments and allowances so that construction works can be commenced right after the disclosure of DDR in the website of NEGU and ADB.
138. During implementation, the AHs will need to be informed about their rights and options, at
which point they will have their say and discuss matters that need clarification. Cash
compensation amount and size of land offered for compensation will be presented to
each eligible APs for consideration and endorsement before cash payment, or land
compensation can be affected. A committee of peers will be set up for grievance redress
139. Implementation of DDR for the selected sections of the project and postimplementation is
summarized in below Table 8.1.
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Table 8.1: Implementation schedule
Step Action Responsibility Timing
A. UPDATING OF DDR
1. Finalization of DDR Consultant/PMU October 2021
B. DDR IMPLEMENTATION
2. No objection notice from ADB ADB October 2021
3. Notice to proceed for civil works is issued ADB/NEGU October 2021
C. ITERATIVE TASKS
4. Internal monitoring. Semi-annual reporting to ADB
PMU continuous
5. Inter-agency coordination and communication
PMU continuous
140. If during the implementation stage any involuntary resettlement, land acquisition from households or entities will be identified, then these AHs are eligible to get entitlements specified in draft LARP developed for project.
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9. CONCLUSION AND RECOMMENDATIONS
141. According to the findings of the comprehensive study and the final project documentation, the impact on households, farmers and private legal entities due to. There will be no impact on land acquisition and physical / economic displacement that could cause involuntary resettlement in these project sites.
142. During the construction works at sections of the project, there may be some temporary
disturbance caused by project contractors. Such a disruption would possibly be incurred by excavation works on the sediment excluding basin, mobilizing heavy machinery and equipment to the construction site, limited access to the agricultural land plots in the neighborhood of the construction site, etc. Temporary disturbances will be mitigated/reduced/eliminated by:
I. informing all residents, local households and traders about the nature and duration of work through the chairman of the mahalla
II. providing access roads to the construction site III. Provision of pedestrian crossings near substation IV. increasing the staff and using the appropriate equipment to complete the work in the
shortest possible time at these sites.
143. If any unanticipated social impacts become apparent during project implementation, the operations department advises and requires the borrower/client to (i) assess the significance of such unanticipated impacts; (ii) evaluate the options available to address them; and (iii) prepare or update the resettlement plan. ADB helps the borrower/client mobilize the resources required to mitigate any adverse unanticipated impacts or damage.
144. EA will address such issues through proper conditions in the Environmental Management Plan that will be annexed to the main Contract between NEGU and Contractor for the Civil Works.
145. In line with the IEE document developed within the scope of 220 kv Zafarabad – Sirdarya Transmission Line and Associated Substation Project, the noise, vibration and dust level in the construction and operation phases will not reach the values necessitating either temporary or permanent resettlement of the affected persons.
146. One of the conditions for their lease of final payment to the civil works contractors is the
submission of proof that DDR followed and neither permanent nor temporary impact has been observed during the construction period. If there were unanticipated impacts, then, temporarily used lands have been fully restored to their pre-project conditions.
147. Since the land plot from the substation "Zafarabad" passes the land plot belonging to the state, NEGU paid the costs for the restoration of land to the special account of the Jizakh regional Cadastral Agency. Region. This payment is not considered compensation for the affected households. This payment is paid by one government agency to the account of another government agency. Therefore, it is not considered involuntary resettlement.
148. If the Construction Contractor damages private, public or state property during the
construction works, he is obliged to remedy the damaged property at his own expenses.
Send
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149. The EA will be responsible for documenting monitoring reports on DDR completion reports through its PMU to ADB for review on the semi-annual (annual) basis.
150. The contractor will submit construction plan/schedule particularly for section to EA and
this will be notified and disseminated to the local people in advance. EA through its PMU representative and PIC’s supervision consultants on the site will monitor and supervise this process. All necessary steps should be taken during construction to avoid temporary impacts like loss of access leading to an impact on livelihoods or any other kinds of restrictions.
151. Any grievances by local people will be addressed through the grievance redress
mechanism established under the project. EA will ensure resolution.
152. If during the project implementation any unanticipated impacts or additional impacts are identified regarding involuntary land acquisition then EA shall prepare a LARP by the Safeguard Policy Statement 2009 of ADB. Until such planning documents are formulated, disclosed and approved by ADB, the Executing Agency will not proceed with implementing the specific project components for which involuntary resettlement impacts are identified. Affected land and attachments on the land will be restored to its pre subproject condition. Permanent damages to improvements/structures, if any, will be compensated in cash at replacement cost following the provisions in the entitlement’s matrix provided in this resettlement due diligence report and rules made in a LARP if required.
153. Despite there is no negative social impact regarding involuntary resettlement and land
acquisition from affected households, there is an environmental impact during the (i) pre-construction, (ii) construction, (iii) operation and maintenance, and iv) decommissioning stages. Environmental Management Plan (EMP) was prepared for this purpose that identifies feasible and cost-effective measures to be taken to reduce potential significant, adverse impacts to acceptable levels. Here, proper mitigation measures are proposed for each potential impact, including details on responsible parties for the implementation of mitigation measures and supervision. This EMP shall be followed by the Contractor during the construction phase and monitored by Safeguards Specialist of PMU.
154. The results of this Due Diligence study conclude that, as per ADB Safeguard Policy
Statement, the project’s section is categorized as ‘C’ for both Involuntary Resettlement and Indigenous Peoples. As the construction will be confined to the distinct project site and the state reserve land, there will be no temporary disruption of livelihood of any household or group of community Farish district the construction period. In case any claims or complaints are submitted during the project implementation period, an effective and efficient Grievance Redress Mechanism will enhance the provision of timely and sensible hearings and facilitate solutions.
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10. MONITORING AND REPORTING
155. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continue as originally planned. Monitoring is important for ensuring that the DDR/LARP is effectively implemented, unforeseen impacts related to land acquisition activities can be identified and appropriate measures to address the same can be taken in a timely manner.
156. The implementation of DDR/LARP will be internally monitored by NEGU. NEGU has
hired "GOPA-International Energy Consultants GmbH" as Project Implementation Consultant (PIC) for monitoring and reporting of LARP implementation. For the consultant, 4 months are allocated for international, and 5 months for the local consultant to accompany the project. Resettlement Expert of PIC will work closely with PMU’s Safeguards Specialist and the engineering team.
157. The monitoring process will be in close coordination with local Hokimiyat and CBOs.
Internal monitoring will be carried out in parallel to project implementation and at different stages respectively. Through the monitoring process, NEGU will ensure that:
I. in case if any unanticipated social risks and impacts arise during construction, implementation or operation of the Project that was not considered in the DDR/LARP, promptly inform ADB of the occurrence of such risks or impacts, with a detailed description of the event and proposed corrective action plan; and
II. report any actual or potential breach of compliance with the measures and requirements set forth in the DDR/LARP promptly after becoming aware of the breach.
158. The indicators for internal monitoring will be subject related to immediate activities for
RDDR/LARP implementation and its outputs and results. This information will be collected directly from the field and from the District land resources and cadaster department. It will be used to assess the progress and results of DDR/LARP implementation, and to adjust the work program, if necessary. The quarterly reports will be incorporated into the standard supervision reports to ADB. Internal monitoring will continue until all construction works are completed and continuously reported by submitting semi-annual reports. These reports should be submitted to the NEGU and ADB. The PMU will disclose relevant information from such reports to affected persons promptly upon submission to ADB. The specific monitoring milestones will be:
I. Disclosure of information to AH; II. Status of land acquisition and payment of compensation for land, if any; III. Compensation for affected structures and other assets, if any; IV. Payments for loss of assets, if any;
159. The Resettlement Expert will prepare the DDR/LARP compliance report to record
whether the DDR/LARP has been implemented and all AHs have been compensated prior to the commencement of civil work. The Resettlement Expert will compile a full report with including extended detailed information on actual land acquisition and impact, listing affected households and compensation payments. Based on that full implementation report a Compliance Report will be submitted by NEGU to ADB.
160. The Monitoring/Compliance report will be used by ADB and EA as a basis to issue a
notice to proceed with civil work activities to the contractor for site preparation. The report will be published on the website of the NEGU and ADB.
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49
Annex 1: NEGU`s request to ADB and obtaining approval from ADB
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To: Director of the Energy
Department Central and West Asia
Asian Development Bank Mr. Junho Hwang
Concerning the project "Construction of the 220 kV Zafarobod substation and two 220 kV overhead lines" Syrdarya TPP - Zafarobod substation "in the Jizzakh region"
Topic: LARP Updates JSC "National Electric Grids of Uzbekistan" thank you for your active
work and support in the implementation of projects to develop the energy sector of the Republic of Uzbekistan.
As part of the implementation of the above project June 23, 2021year a meeting with ADB staff was held and the implementation and updating of the LARP (Land Acquisition and Resettlement Plan, LARP) of the above project was discussed.
Considering the above, JSC "National Electric Grids of Uzbekistan" to speed up work on the implementation of the project, we propose to divide LARP into 3 parts:
1. Substation "Zafarobod"; 2. Construction of a power transmission line passing through the
territory of the Syrdarya region - 47.863 km; 3. Construction of a power transmission line passing through the
territory of Jizzakh region - 93.066 km; In connection with the above, JSC "National Electric Grids of
Uzbekistan" ask your no objection to the division of LARP into 3 parts. Sincerely, Deputy Chairman of the Board F. Kurbonov
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52
Annex 2: Land allocation Order by Khokim for Farish district
53
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Translation of the decision of the district governor
Decision of the hakim of the Forish district of Jizzak region
On amendments to the decision of the district khakim № 140 of February 8, 2021 "On the allocation
of land for the construction of the substation on the territory of the "Egizbulak" MFY of Jizzak
branch of JSC "National Electricity Networks of Uzbekistan"."
In accordance with Article 6 of the Land Code of the Republic of Uzbekistan and the minutes of the
meeting of the Commission on the allocation (sale) of land under the district khokimiyat from April 12,
2021 and the letter of the branch of JSC "National Electric Networks of Uzbekistan
I DECIDED:
1. Approve the minutes of the meeting of the commission for reviewing the issue (sale) of land
plots under the district khokimiyat from April 12, 2021 № 30.
2. The words of the district khokimiyat "On the allotment of land for the construction of a
substation in the territory of Egizbulak MFE" branch "Trunk Power Networks" for the construction of a
substation in the territory of MFE "Egizbulak" 1969-k contour 9.0 ha of land, 0.60 ha of land allocated
for the construction of 10 residential buildings to create favorable conditions for workers. Substitute 9.0
hectares of land (300*300 meters) for the capital construction of the substation 1969k-circuit on the
territory of MFE "Egizbulak" branch of JSC "National Electric Networks of Uzbekistan" in accordance
with the requirements of the legislation.
3. Jizzak Trunk Power Grid Branch of JSC National Power Grids of Uzbekistan (G. Akhmedov):
- to compensate the losses of agricultural production allocated 9.0 hectares of pastures in
accordance with the Regulations approved by the Cabinet of Ministers of the Republic of Uzbekistan
from May 25, 2011 № 146 and the Decree of the President of the Republic of Uzbekistan from
December 17, 2019 № PF-5742, payment 104605794 (one hundred four million six hundred five seven
hundred ninety four thousand) soums to the budget account № 4014108604084013450717186);
- carrying out construction works on the basis of the architectural and planning task (APT),
approved by the regional department of architecture and construction, design and estimate
documentation, documents agreed with the regional state architectural and construction inspection
(OGASK);
- set the assignment for carrying out and timely completion of construction works.
4. Instruct the Department of the District Cadastre Agency (A.V. Kholdoshev), the District State
Tax Inspectorate (Y.A. Janadilov), the District Department of Statistics (G.A. Tangriev) to make
appropriate changes in reports in connection with the adoption of this decree.
5. Control over the implementation of this resolution shall be entrusted to the deputy khokim of the
region Amirov F. and Turgunbaev I.
6. Ask the khokim of Jizzak oblast to approve this decree.
Khakim of the district: I. Matiev.
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Annex 2a: Information about the allocated land from the state reserve
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Translation of the reference
August 6, 2021 №1529 c.Bogdon
INFORMATION
According to the resolution of the hakim of the district No. 1003 dated April 13, 2021, the branch
of the "Jizzakh main Electric Networks" of JSC "National Electric Networks of Uzbekistan" for
the construction of the 1969k-contour substation on the territory of the «Egizbulak” MFY,
9.0 hectares of land in the District Reserve were allocated for permanent use.
Head of the department: A.Kuldashev
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Annex 3: Map of land area allocated for cadastral approved substation construction
58
Annex 4. Architectural planning assignment document for Zafarabad substation
59
Annex 5. Departure to the “Zafarabad” substation to view the area.
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Annex 6: Project Implementation Chart
Consultation
Information exchange
Reporting
ADB JSC «NEGU»
PMU
Affected
households
Internal
monitoring Jizakh region
Regional and District
Office of Land Resources
and State Cadastre
(including the Committee
on Land Allocation and
Assessment and the
Committee on Land
Allocation and Resettlement)
NEGU
Farmer Councils, Mahalla
Committees
Independent
Valuation
Company (if AH
does not agree)
Cabinet of Ministers
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Annex 7. List of Consulted Stakeholders
Cover page:
GRIEVANCE REDRESS MECHANISM
THE LOG BOOK OF COMPLAINTS, SUGGESTIONS, AND GRATITUDE
N Date The content Applicant Contact Signature/ Accept Continuation: The short
of /Aggrieved details Note ed by 1) Answer orally / content of
Grievances Person date the status
/Complaint (Full 2) Replied in of
/Suggestions Name) writing/date response
/Gratitude 3) Forwarded to and
another authority reimburse
(to be indicated) / ment
date (1-
4) Other action (to satisfactory, be indicated) / date
2-partially
satisfactory,
3- unsatisfacto ry.)
1
2
3
Loan 3285-UZB: Northwest Region Transmission Line Project (NWRTLP)
Subproject Name (Sections 1 to 3)
Name Makhalla committee/ Contractor working office/Hokimiyat and PMU Tashkent office/:
District, Province:
Notice: The grievance book should sequentially be numbered and pages have been bound securely