Resettlement Planning Document
Land Acquisition and Resettlement Plan Document Stage: Final Project Number: 41121 September 2011
Loan 2697-KAZ: Multitranche Financing Facility for the CAREC Transport Corridor 1 (Zhambyl Oblast Section) [Western Europe–Western People's Republic of China International Transit Corridor] Investment Program—Project 3 Km 383–Km 404 Road Section, Km 162–Km 260 Road Section ―Bypass of Kordai pass‖, and ―Kordai– Approach to Border of Kyrgyzstan‖ Section
Prepared by the Committee for Roads, Ministry of Transport and Communications, Republic of Kazakhstan, for the Asian Development Bank (ADB).
The land acquisition and resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.
ABBREVIATIONS
ADB Asian Development Bank CAREC Central Asia Regional Economic Cooperation CoR Committee of Roads CSC Construction Supervision Consultant DP Displaced Person EA Environmental Assessment EMA External Monitoring Agency FS Feasibility Study GosNPTsZem Zhambyl State Scientific and Production Center for Land Management HH Household IFI International Financial Institution JSC Joint Stock Company LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LE Legal Entity LLP Limited Liability Partnership MFF Multitranche Financing Facility MOTC Ministry of Transportation and Communication PFR Periodic Financing Request PMC Project Management Consultant RD Roads Department RK Republic of Kazakhstan ROW Right of way SPS Safeguard Policy Statement TSA Targeted Social Assistance
NOTE
In this report, ―$‖ refers to US dollars.
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 judgment as to the legal or other status of any territory or area.
GLOSSARY
Compensation Payment in cash or kind to which the affected people are entitled in order to replace the lost asset, resource or income.
Cut-off-date Date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of DPs as defined by the census.
Displaced Person People affected by project related changes in use of land, water, natural resources, or income losses. Displaced persons may be members of households or legal entities or workers from affected business establishments or farm workers.
Encroachers People who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project or persons who have trespassed government land, adjacent to his/her own land or asset, to which he/she is not entitled, by deriving his/her livelihood there.
Entitlement range of measures comprising compensation in cash or kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to DPs, depending on the type and degree nature of their losses, to restore their social and economic base.
Household all persons living and eating together as a single-family unit and cooking from the same kitchen whether or not related to each other. The census used this definition and the data generated by the census forms the basis for identifying the household unit.
Income restoration Income restoration means re-establishing income sources and livelihoods of DPs.
Involuntary Any resettlement, which does not involve willingness of the Resettlement persons being adversely affected, but are forced through an instrument of law.
Land acquisition the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation.
Legal Entity Legally registered enterprise established by two or several individuals or companies vested with its separate property, rights and liability such as a limited liability partnership (LLP), and joint stock company (JSC). It also includes former Soviet collective farms that were privatized into collective enterprises, and production cooperatives.
Rehabilitation Assistance provided to DPs to supplement their income losses in order to improve, or at least achieve full restoration of their pre-project living standards and quality of life.
Vulnerable Group distinct group of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically households living below the poverty line (with per capita income of KZT 5,980.8 per month)
TABLE OF CONTENTS
List of Abbreviations Glossary Executive Summary
Chapter 1 Introduction 1 1.1 General 1 1.2 LAR-related Conditions 1 1.3 Tranche 3 Project 1
Chapter 2 Impact Assessment 4 2.1 Data Collection Methodology 4 2.2 Land Losses 4 2.3 Crop Losses 6 2.4 Structure Losses 6 2.5 Business Losses 7 2.6 Employment Loss 7 2.7 Summary Information on the Number of Displaced 7 Households/Legal Entities and Persons 2.8 Severely Affected DPs 8
Chapter 3 Socio Economic Profile 9 3.1 General Characteristics of the Project Area 9 3.2 Demographic Characteristics of the Displaced households 9 3.2.1 Number and Sex of Household Members 9 3.2.2 Household Size 9 3.2.3 Residence and Ethnic Composition 10 3.2.4 Age and Gender 10 3.2.5 Education 11 3.2.6 Size of Landholding 12 3.2.7 Household Income and Expenditures 13 3.2.8 Living Conditions 13 3.2.9 Vulnerable Households 14 3.3 Description of Displaced Legal Entities 14 Chapter 4 Objectives, Policy Framework and Entitlements 15 4.1 Kazakhstan Legal Framework and Practice 15 4.1.1 Kazakhstan Constitution 15 4.1.2 The Land Code of 2003 15 4.1.3 Law on Housing Relations 16 4.1.4 Labor Code 16 4.1.5 Standard Land Acquisition Practices and Processes 16 4.2 ADB Involuntary Resettlement Safeguards 17 4.3 Comparison of ADB Resettlement Policy and Kazakhstan’s Legislation 19 4.4 Actions Made to Address the Gaps 20 4.5 Policy Framework and Entitlements for this Project 21 4.5.1 Entitlements to Compensation 21
Chapter 5 Compensation and Livelihood Restoration Strategy 25 5.1 Compensation for Privately-owned Lands 25 5.2 Compensation for Leased Lands 25 5.3 Compensation for Crop Losses 26 5.4 Compensation for Expenses Related to Plot Development and Responsibility to Third Parties 27 5.5 Cash Allowance and Agricultural Subsidies for Severe Loss of Productive Lands 27 5.6 Compensation for Affected Structures 28 5.7 Compensation for Loss of Potential Business Profit 28
Chapter 6 Consultation and Disclosures 29 6.1 Consultations 29 6.2 Disclosure 31
Chapter 7 Grievance Redress Participation 32 7.1 Grievance Focal Points, Complaints Reporting, Recording and 32 Monitoring 7.2 Grievance Resolution Process 32 7.3 Disclosure of the Grievance Process 33
Chapter 8 Institutional Framework 34 8.1 Committee of Roads (CoR) 34 8.2 Zhambyl Oblast Roads Department 34 8.3 Akimats (District Local Governments of T. Ryskulov and Kordai) 34 8.4 Project Management Consultant-ADB (PMC-ADB) 35 8.5 Construction Supervision Consultant (CSC) 35 8.6 External Monitoring Agency/Third Party Monitor 35
Chapter 9 Resettlement Budget and Financing 37
Chapter 10 Implementation Schedule 39
Chapter 11 Monitoring and Evaluation 42 11.1 Internal Monitoring 42 11.2 External Monitoring 43
Appendix A Census and Socioeconomic Survey Questionnaires 44 Appendix B List of Heads of Displaced Households and Legal Entities 52 Appendix C Sample agreement and valuation report 62
EXECUTIVE SUMMARY
1. This Land Acquisition and Resettlement Plan (LARP) is prepared by the Committee of Roads (CoR) for the reconstruction and building of road sections in Zhambyl Oblast from km 383 - km 404, km 162 – km 260 ―bypass of Kordai‖, and the ―approach to the border of Kyrgyzstan‖ covered in Tranche 3 of the Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 1 Investment Program under a Multitranche Financing Facility(MFF) of the Asian Development Bank (ADB).
2. The displaced households and entities for this project were identified during the preparation of the detailed design in March 2009. A preliminary valuation of affected lands and structures was done by a state-licensed valuator commissioned by the design firm, on the basis of detailed information on the land provided by the Zhambyl State Scientific and Production Center for Land Management (GosNPTsZem). Formal valuation of affected lands in Km 383 – km 404 was done in September 2009, and in Kordai from April to October 2010. The outstanding official valuation and supplemental valuation of some plots completed in March 2011 and are incorporated in this LARP.
3. Consultation with raion akimats and displaced persons(DP) in the project area started since 2007 during the feasibility study phase. In 2009, consultations with displaced persons were held in the raion of Turar Ryskulov for km 383 to km 404. In the raion of Kordai, a consultation was also conducted in March 2010 to inform DPs of their rights and procedures of compensation. 4. ADB-approval of the updated/final/implementation-ready LARP is required for contract awards. Initiation of civil works on the road sections covered by this LARP will depend on the full implementation of the compensation program described in the final LARP including the full delivery of compensation to the DPs and satisfactory review by ADB of the compliance report.
5. In Kazakhstan, most lands are State-owned. Some of these State-owned lands are leased to individuals, privatized-collectives or other legal entities usually for 49 years. Measurements made at the detailed design stage revealed a total of 529.86 hectares of lands will be acquired for permanent use from private owners/lessees. Almost all the permanently-affected lands (526.95 hectares) are agricultural/arable lands. Only 2.91 hectares are classified as commercial land. No residential land is affected under this project.
6. Most of the affected lands (501.54hectares) are leased for 49 years. A total of 122 plots by 87 households and 7 legal entities are leased for 49 years. Another 9 plots are leased from 5-10 years by 6 households and 1 legal entity. Three households will permanently lose more than 10% of their agricultural lands. No household will be displaced from housing.
7. Affected leaseholders will be provided cash compensation for the termination of lease rights. Cash compensation will also be provided for crop losses equivalent to one-year harvest. Ten plots with a combined area of 3.169 hectares are privately-owned by 5 households and 2 legal entities. Owners of these plots will be paid cash compensation based on current market price of land.
8. In addition, the project will need 267.1 hectares of reserved public lands. These public lands are currently idle or occasionally used as additional natural pasture land by some villages. Administration of these reserved public lands will be transferred to the Zhambyl Oblast Roads Department. The transfer of these reserved public lands is not expected to adversely affect any third party. No compensation will be paid for these public lands.
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9. During construction, around 174.08 hectares of land may also be needed temporarily. These will be rented based on current rental rates in the area. Contractors will be responsible for identifying, negotiating and renting land at current rental rates from the landowners/leaseholders during the duration of the construction. At the end of the rental period, the contractor will be required to restore the rented land to its original condition. Cost for the rental and land restoration will be included in the civil works contract.
10. Most of the affected agricultural lands are planted with wheat, hay and barley. Other plots are occasionally used for growing safflower, onion, Lucerne and other crops.
11. A total of 3 structures will be demolished. These structures are owned and used by 1 legal entity and 1 individual owner. Structures to be affected include 1 non-operational fuel station and 2 cafes.
12. A summary of the land acquisition and resettlement impacts related to the project is shown in Table E-1 below.
Table E-1 Summary Land Acquisition and Resettlement Impacts
No. Description Number/Amount 1 Total number of permanently affected land parcels/Plots: 140 - private 10 - leased lands 131 2 Total area of land to be acquired permanently (in hectares) 529.90 3 Total area of arable land to be acquired permanently (in hectares) 527.08 4 Total area of commercial land to be acquired permanently 2.82 (in hectares) 5 Total area of permanently affected privately-owned land 3.169 6 Total area of permanently affected leased land 526.95 7 Total number of permanently displaced households, legal entities. 107 8 Total number of severely displaced households and legal entities 3 9 Total number of vulnerable households - 10 Total number of affected structures 3 11 Total number of households and legal entities losing potential profit 6 from business 12 Total number of DPs 543
13. Baseline socioeconomic data on the DPs was gathered through a census conducted in May 2009 for Km 383 – km 404 and in May 2010 for Kordai. The census included 96 out of the 98 displaced households covering all the three sections under Tranche 3. 1 Total membership of the 96 surveyed households is 521, of which 48% are males while 52% are females. Average household size is 5.4. However, there are also households (7.0%) with 10 or more members. In terms of ethnic composition, the displaced households are mostly (92%) Kazakhs. A few are Russians, Turks, Kurds Ukrainian and Dungan. None of the ethnic groups in the Project area maintain social and cultural identities separate from mainstream Kazakhstan society that would meet ADB's definition of indigenous peoples. Age of the heads of displaced households range between 27 and 71, with majority (58%) belonging to
1Two households have transferred residence and cannot be located at the time of the census. The Zhambyl Oblast Roads Department is coordinating with the Kordai raion akimat to help locate and contact these households. No separate survey was made on the workers. Separate interviews were also made with representatives from the 9 affected legal entities. ii the age bracket of 41 to 60 years. More than two-thirds of the household heads completed secondary education, while a considerable proportion (30%) obtained a higher education.
14. Majority of the displaced households rely on agriculture as their primary income source. Only a few rely on trading and non-agricultural activities. Most households have more than 1 income-earning member.
15. A number of consultations with raion (district) akimats and DPs had been conducted by the Zhambyl Oblast Roads Department from 2007 to March 2010. Initial consultations were with the akims, deputy akims and Land Allocation Offices at the different raions.
16. In May 2009, the consultation in Kulan explained the rights of displaced persons, valuation of losses, grievance redress and procedures in land acquisition. DPs and representative from local NGOs participated. Similar consultations were held in Kordai in March 2010. During these consultations, DPs were informed about who they can contact or approach at the raion akimat and at the Zhambyl Roads Department in case of complaints or queries. DPs were visited in their homes by a team headed by a deputy director from the Zhambyl Oblast Roads Department to further explain the procedures/requirements, discuss DPs concerns and queries, and collect DP applications for valuation. The same team presented and discussed with the DPs the results of the individual valuation and facilitate the signing of agreements.
17. Efforts will be made to resolve/clarify grievance at the level of the raion akimat and at the Zhambyl Oblast Roads Department. However, grievance requiring attention or action from the MOTC-Project Management will be forwarded to the Project Management Consultant-ADB which provides technical and supervision support to MOTC for the Project. If the case remains unsolved a complaint can be lodged in court.
18. Compensation and entitlements for this project aim to assure that DPs are able to restore their livelihood and maintain or improve their standard of living after the project. Table E-2 below provides a summary of the compensation entitlements for various categories of DPs and degrees of impacts related to the project.
Table E-2 Entitlement and Compensation Framework
Asset Specifications DP Compensation Entitlements Permanent Loss Arable Land All Land Losses Owners Cash compensation at replacement cost (without irrespective of deduction of depreciation, taxes and other transaction severity of costs) or through replacement land equal in impact value/productivity to the plot lost and at location acceptable to DPs where feasible. Leaseholders of Cash compensation2 for termination of lease rights, or, State land renewed lease in an alternative plot Severe Owners, Additional cash compensation equal to market value of Impact—>more leaseholders of one year crop harvest (based on a 3-year average) and than 10% of State land agricultural subsidies for 2 crop-years income/ productive land lost Commercial Owners Cash compensation at replacement cost (without
2 Based on the base payment rates provided for under Resolution 890 (revised 7 November 2008) iii Asset Specifications DP Compensation Entitlements Lands deduction of depreciation, taxes and other transaction costs) or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible. Squatters (if any) Leased plot on State land; Self-relocation cash allowance option;. Buildings and Owners of Compensation of full market value (without deduction of Structures permanent depreciation, taxes and other transaction costs) or, at the structures owner option, house for house swap
Crops Crops affected All DPs including Crop compensation in cash at full market rate for 1 year squatters crop harvest (based on a 3-year average)
Business and Temporary or All DPs including Owner of shops/commercial establishments: if permanent employment permanent squatters and loss, cash compensation equal to one year income (lost business/emplo workers of profits); if temporary, cash compensation for the period of yment loss alienable income loss taking into account the compensation to enterprises workers for lost job (forced interruption) due to complete or temporary business cancellation – amounting up to 3- months average wages Owner of peasant farm: allowance for labor maintenance
Resettlement Transport and All resettled DPs Allowance sufficient to cover transport expenses and transitional livelihood expenses for one month due to relocation. livelihood costs Vulnerable households below Cash assistance equivalent to 1-month minimum wage. households the poverty line Priority in local employment for members of vulnerable household.
Temporary Loss Lands for construction sites Owners (private or Cash compensation at local commercial rental rates for and burrow pits public) duration of use; Land restored to original status at the end of rental.
19. The Zhambyl Oblast Roads Department will implement the LARP with support from the Zhambyl State Scientific and Production Center for Land and the akimats of Turar Ryskulov and Kordai. Internal resettlement monitoring will be done by the Construction Supervision Consultant.
20. For the implementation of land acquisition and resettlement activities, the Zhambyl Oblast Roads Department is provided a budget of KZT1, 392,225,251, including KZT901,739,166 for ADB-financed sections. This includes the cost for compensation of losses, land registration, as well as resettlement administration, monitoring and evaluation. LARP activities for the Tranche 3 section is estimated at KZT 254 133 819.
21. Civil works for the project will be divided into three contracts. One contract will be for the reconstruction of km 383 to km 404, the second one for km 162 to km 260, and another on the ―approach to the border of Kyrgyzstan‖. Depending on which section can be completed first, LARP review can be done separately for each section which will be used as basis for contract awards.
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Chapter 1 Introduction 1.1 General
1. The Asian Development Bank (ADB) has agreed to provide the Kazakhstan Government up to $700 million for implementing the Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 1 Investment Program (the Program). The Program entails the rehabilitation, improvement or construction of several road sections along the Western Europe-Western China transit corridor and is financed through a Multitranche Financing Facility (MFF) divided into several tranches (Projects). Tranches (Projects)1 and 2 of the MFF have been approved by ADB.
2. This updated/final Land Acquisition and Resettlement (LAR) Plan (LARP) has been prepared by the Committee of Roads (CoR) of the Ministry of Transport and Communications (MOTC) in compliance with the Land Acquisition and Resettlement Framework (LARF) agreed between the Government of Kazakhstan and ADB and relevant Kazakhstan laws. Its objective is to assess the project impacts and plan needed compensation/rehabilitation measures.
3. It is based on (i) detailed measurement surveys, (ii) official asset valuation of affected plots and structures by licensed valuators, (iii) consultation with raion (district) local governments, and affected parties; and (iv) a socioeconomic survey of displaced households (HHs).This LARP is based on detailed design3 with adjustments made in the count and valuation of a number of affected lands and structures from April to September 2010 and in March 2011.
4. It includes: i) updated information on DPs, severely displaced households; ii) results of the census/socioeconomic surveys; iii)results of consultations in the raion of Turar Ryskulov and Kordai; iv) results of the official valuation of affected assets; and iv) revised overall costs.
1.2 LAR-Related Conditions
5 Based on ADB policy and practice, the appraisal of the PFR for Tranche 3, signing of contract awards and civil works implementation are subject to the following conditions: Appraisal: i) approval of the draft LARP by ADB and the Government; ii) full disclosure of this LARP to the DPs. Contract Awards Signing and LARP implementation: i) approval of the final/implementation-ready LARP by ADB and the Government; and ii.) mobilization of the External Monitoring Agency/Third Party Validator (EMA/TPV). Provision of no objection to initiation of civil works: i.) full implementation of the compensation program described in the LARP including the full delivery of compensation to the DPs and ii.) satisfactory review by ADB and the Government of the compliance report by the EMA.
1.3 Tranche 3 Project
6 Tranche 3 covers the reconstruction/roads construction of three sections of the Almaty – Taraz Highway:кm383 – кm404, кm162 – кm260, and the approach to the border of Kyrgyzstan. The planned works on кm 383 – кm 404 section (Turar Ryskulov raion) include the construction of a new category 1-B by-pass road with four-lane traffic. Construction works on кm 162 – кm 260
3Technical detailed design on km 383-404 Section, km 162- km 260 was developed by the design firm ―KazDorProekt‖, while the technical detailed design on the Approach to the border of Kyrgyzstan Section was developed by the Design firm ―AstanaDorProekt‖. 1 section (Kordai raion) include a new road construction for category 1-B and road pavement for Category II. The planned works on the approach to the border of Kyrgyzstan (Kordai raion) involve the upgrading of the existing Category III road into a two-lane Category II road and the construction of a 7.7 km by-pass road to avoid the settlement in Kordai. Below is a brief description of the proposed civil works in these three road sections. a. Reconstruction of кm 383 – кm 404 Section (Turar Ryskulov raion): (length 20 кm, 14.8 кm new 4-lane by-pass road connecting to an existing 5.2 кm by-pass which will be upgraded from a 2-lane to a 4-lane road) - Engineering structures (38 round and 4right-angled culverts, and 1 4х2.5m cattle crossing); - 2 over passes on 2 interchanges. One interchange is pipe-type(кm390+363.6) and one interchange is clover leaf (кm 402+239.13), 1 overpass for agricultural machinery (кm 391+240); - road infrastructure (4 bus stops with toilets, 2 rest areas, lighting in interchanges and populated localities); - rearrangement of communication lines.
b. Construction of кm 162 – кm 260 Section (Kordai raion): (length 80.1кm, new 2-lane Category 1-B road) - Engineering structures (3 bridges; 94 culverts 90 of them - round, 4 right-angled, including 2 cattle crossings 4m х2.5m); - 2-level clover leaf interchange and development of overpasses on 2 cloverleaf interchanges - road infrastructure (9 enclosed bus stops with toilets, 4 rest areas, lighting in places of interchanges and populated localities); - rearrangement of overpasses and communication lines.
с. Reconstruction of the “approach to the border of Kyrgyzstan” section (Kordai raion): (length 17.7 кm, including a 7.7 km new by-pass road) - engineering structures (16 culverts, 11 from them - round, 5 right-angled, including 2 cattle crossing 4m х 2.5 ); - road infrastructure (lighting in the places of interchanges and populated localities;
2 Map of the Project Area (кm 162 – кm 260 section: Kordai raion)
кm162
кm260
Map of the Project Area (кm 383 – кm 404 section: T. Ryskulov raion)
кm404
кm383
Map of the Project Area (“Approach to border of Kyrgyzstan” section: Kordai raion)
кm0
кm17,7
3 Chapter 2 Impact Assessment
2.1 Data Collection Methodology
7. Displaced persons and affected assets were identified at different stages of the Tranche 3 project preparation. Initial assessment was made during the preparation of the feasibility study for the entire Zhambyl Oblast section in January 2008. More intensive assessments were made by the design firms (―KazdorProekt‖ LLP, and ―AstanaDorProekt‖ LLP) during the preparation of the detailed design. Information on the affected plots was derived by plotting the proposed road alignment into the land cadastre provided by the Zhambyl State Scientific and Production Center for Land Management (GosNPTsZem). The land cadastre was used in identifying the names of the registered landowners/leaseholders/DPs with permanent land use rights, land use, size of the affected plots and the proportion of affected land against the total area of the plot.
8 Local survey teams were mobilized to conduct the census of DPs. For Km 383 – Km 404 (Turar Ryskulov), the census which covered 44 households was conducted in March 2009 under the supervision of consultants engaged under ADB-TA 7254 (KAZ). In the Kordai section (Km 162 – Km 260 and the approach to Kyrgyztan), the Project Management Consultant-ADB supervised the census in May 2010 which covered 52 households. The census included DPs basic socio- demographic profile, livelihood and income, and information on affected assets. Separate interviews were also made with representatives from the 9 affected legal entities.
9 At the raion level, a committee chaired by the deputy akim was formed in Turar Ryskulov and Kordai. The committee surveyed the affected plots and met with the owners/lessees to inform them the area of their lands that would be affected. Licensed valuators were engaged by the design firms to assess the market value of structures and lands to be acquired.
10. In April-September 2010, official valuation and adjustments in the computation of compensation were done in consultation with the DPs. DP’s applications were assessed by licensed valuators engaged by the ZhambylOlbast Roads Department, comparing updated information/rate of affected properties collected from the Raion’s Statistics Office, Agriculture Department, Justice Department, Tax Committees and the Technical Inventory Bureau. A few remaining valuations were completed in March 2011. The budget for compensation payment had been adjusted based on the outcome of these verification/refinements and incorporated into this LARP. Assessment of the impacts for this project is presented in the following sections.
2.2 Land Losses
11. In Kazakhstan, most lands are State-owned. Some of these State-owned lands are leased to individuals, or legal entities usually for 49-years. Others are maintained as reserved State lands which are administered by villages, or government agencies. Only a fraction has been converted to private-ownership. Measurements made at the detailed design stage revealed a total of 529.90 hectares of lands to be acquired for permanent use from private owners/lessees. Majority (527.08hectares) are agricultural/arable lands. The remaining 2.82 hectares is used for commercial purposes. No residential land is affected by the project. See table 2.1.
12. The project will also need an additional 267.1 hectares of reserved public lands which are currently idle or occasionally used as natural pasture land by some villages. Administration of these reserved public lands will be transferred from one authority to the Zhambyl Oblast Roads Department. The transfer of these reserved public lands is not expected to adversely affect any third party.
4 13. The design firms estimated that around 174.08 hectares of land may be needed temporarily during construction as location for base camps, storage areas, and for other construction-related activities. The rent for the temporary use of lands during construction will be the responsibility of the contractor. Budget for renting and restoration of rented land after completion of the civil works will be included in the bidding documents.
Table 2.1 Permanently affected land by road section
Land Category Road Section Total Km383- Km162- Approach to km404 km260 Kyrgyz (in ha) (in ha) (in ha) (in ha) Agricultural/arable land 113.26 366.19 47.63 527.08
Commercial land 1.63 1.19 - 2.82 Total 114.89 367.38 47.63 529.90 * An additional 267.1 hectares of land are State lands will be transferred from other State Agencies to the Zhambyl Oblast Roads Department and will not affect any third party.
14. Most of the affected areas (501.54 hectares) are leased for 49 years. A total of 122 plots are leased by 87 households and 7 legal entities on such term. Around 25.25 hectares (9 plots) are leased by 6 households and 1 legal entity for 5-10 years, while 3.11 hectares (9 plots) are privately- owned by 5 households and 2 legal entities. One household leases two plots -one on long term and another on short term basis. All of the affected lands are registered. See tables 2.2 and 2.3.
Table 2.2 Number of plots and area of permanently affected lands by land type and ownership status
Property status by Property status and land area Total area
number of plots
10 10
- - years years years years TotalPlots owned owned Others Privately Privately Lease Lease 49 Lease 49 Lease Lease 5 Lease 5
Agriculture: - 13 2 - 15 76.93 14.43 - 91.36 Irrigated PloughLand Agriculture: Non- - 71 5 - 77 208.59 2.88 211.47 irrigated plough land Agriculture: 1 34 1 - 35 196.39 3.17 o.28 199.84 pasture land Agriculture: hay 2 - - 2 18.94 0 - 18.94 field Agriculture: 1 2 1 - 3 o.69 4.77 0.01 5.47 others Commercial land 7 - - - 7 - - 282 2.82 Other ------Total 9 122 9 - 140 501.54 25.25 3.11 529.90
5 Table 2.3 Number of permanently affected HHs & LEs by type of ownership/tenurial status by sections
Land Category Affected Parties Km383- km404 Km162- km260 Approach to Total (in ha) (in ha) Kyrgyz (in ha) Privately Owned 3HHs & 1LE 2 HH & 1 LE - 5HH & 2 LE
49 years lease 35 HHs & 3 LE 40 HHs & 2 LE 12 HHs & 2 LE 87HH & 7 LE
5-10 years lease 6HHs 1 LE 6 HH & 1 LE
Total 44 HHs & 4 LE 42 HHs & 3 LE 12 HHs & 2 LE 98 HH & 9 LE
Note: HH refers to household; LE refers to legal entities (i.e. collectives, limited liability partnerships or corporations). One LE has 2 plots leased for 49 years and 5 plots leased for 5 years.
2.3 Crop Losses
15 Wheat, hay and barley are the commonly planted crops on the affected lands. Other agricultural lands are planted with lucerne, corn, onion etc. Income derived from crops varies. Those planting wheat reported earning between 3,000 – 7,000 KZT per centner, while those planting barley reported earning between 2,500 – 4,000 KZT per centner. Onions are sold at 2,500 KZT per centner while lucerne is sold at 4,000 KZT per centner. The period from date of notification, and actual civil works is expected to take about 8 to 10 months. There will be sufficient time for those with standing crops to harvest prior to start of civil works. See table 2.4 for details of crop production, yield etc.
Table 2.4 Affected cropped area and yield by different crops
Crop Planted Area Affected Average Yield (centner Estimated Crop / hectare) Loss(centner) 1centner= 100 kg. Wheat 186.55 12.70 2,369.19 Barley 104.27 9.65 1,006.21 Corn 3.54 42.20 149.38 Onion 0.91 60.00 54.60 Lucerne 36.72 28.75 1,055.70 Pasture 260.37 9.60 2,499.55 Perennials 93.22 46.50 4,334.73 Note: Some plots are planted with more than one type of crop.
2.4 Structure Losses
16 A total of 3 structures will be demolished. These structures are owned and used by one legal entity and 1 individual owner. Structures to be affected include 1 shop (magazin), 1 fuel station and 2 cafes.
6 Table 2.5 Details of affected structures by Section
Structure Type Quantity Brief description of the structure and degree of Total Area impact (Square meters) KM 383-404 Gas filling station 1 Made of bricks. Will be totally damaged. 240 2 Cafe 1 Will be totally damaged 170.75+115
2.5 Business Losses
17 Among the 7 DPs with commercial lands, two have currently operating businesses on their plots. The gas filling station owned by a legal entity (Munai Invest) in Ryskulov has ceased operations prior to the land acquisition. The other 4 owners of commercial lands have not started their respective businesses, but have already secured approval for development/construction from the raion akimats. Lost income opportunities from these commercial plots were also considered in the valuation conducted by the licensed evaluators.
18. One operating business that will be affected by the project is one cafe (Zh.Bozhanov 260 km) operated by the farm. It was previously identified that M. Zhodasbsyev and T. Tukhiyev will receive another land plot instead of seized land by the Akimat. Considering that the café was established prior to the cut-off date for the project, this will also be eligible for compensation for income losses.
2.6 Employment Loss
19 No worker is expected to be laid off as a result of the project. The agricultural workers employed by some farming households and agricultural firms/collectives (legal entities) for crop production or livestock raising will continue to be employed by the owners of the affected farms despite the reduction in the area of their farmland. To ensure that workers in the affected farms are retained despite the reduced area of the affected farms, a one-time labor-maintenance allowance will also be provided to the affected farmers proportionate to the amount of productive land and number of workers. Information on available jobs from the project will also be disseminated in the area to provide an alternative or additional source of employment for these workers.
2.7 Summary Information on the Number of Displaced households/Legal Entities and Persons
20 A total of 107 parties will likely experience various losses/impacts from the implementation of the project. Most of these parties will lose ownership/access to agricultural lands and the income they derive from it. See table 2.6.
Table 2.6 Details on DPs by category
DP Category Number of HHs and LEs Number Remarks (x impact Absolute of DPs type) (Without double counting) A. Land A1. agriculture land 102 101 528 A2. commercial land 7 6 15
7 DP Category Number of HHs and LEs Number Remarks (x impact Absolute of DPs type) (Without double counting) Sub-total (A) 109 107 543 B. Crops Leaseholders 100 Private 2 Sub-total (B) 102 - C. Business/Income Losses - loss of profit potential 7 - included in A1 - loss of profit from existing shop 1 Sub-Total (C) 7 - D. Permanent Structures D1. Structures 3 - included in A1 E. Total (A+B+C+D) 107 543
2.8 Severely Affected DPs
21. Majority of the leaseholders of agricultural lands will lose only a small portion of their lands. Around 35% of the leaseholders will lose less than 2% of their plots. Another 31% will lose between 2-5%, while 30% will lose between >5 to <10%. Three leaseholders of agricultural lands who will permanently lose more than 10% of their plots are considered severely affected. These leaseholders will lose a combined area of 16.70 hectares. These three leaseholders have been confirmed by the RD on the basis of further detailed assessment conducted by the Zhambyl Oblast akimat in November 2010. Among these three leaseholders, only two are still actively engaged in agriculture. One leaseholder already shifted to other occupation. The two leaseholders are keen to lease additional agricultural lands from government and have submitted their application with the raion akimat. The Land Division of the raion akimat is identifying available agricultural lands and is complete the process of awarding new lease rights within the year. One leaseholder submitted a written undertaking to the Akim of Ryskulov indicating that he has other sources of income and is not interested to obtain an additional land to lease or get agricultural subsidy and micro credit for his remaining plot. Summary information about the severely impacted DPs is stated below in Table 2.8. A list of severely affected DPs is shown in Appendix B: table 2.
Table 2.8 Households losing more than 10 percent of their leased land
Sections Total Km383- Km162- Approach km404 km260 to Kyrgyz
No. of Severely Affected HHs 1 2 - 3 Right to Land Lease for 49 years 1 2 - 3 Use Area to be acquired (in hectares) 2.18 14.52 - 16.70
8 CHAPTER 3 SOCIO ECONOMIC PROFILE
3.1 General Characteristics of the Project Area
22. The project is situated within Zhambyl Oblast, which is one of the four oblasts (provinces) in the Southern Region of Kazakhstan. Zhambyl is subdivided into 10 raions (districts), 12 urban settlements and 367 villages. The project will pass through the raions of Kordai and T. Ryskulov.
23. Zhambyl Oblast covers 144,300 sq. km. As of 2009, population in the Oblast is estimated at 1,031,144. Population density is 6.9 persons per sq. km. Almost half of the population lives in towns. The urban population is 432,438 (41.9%), while the rural population is 598,706 (58.1%).The population in the oblast is mostly Kazakhs (65%). Russians account to about 18.1%. There are also Uzbeks, Tatars, Ukrainians and other ethnic groups in the area. The oblast center is Taraz, once a main stop on the Silk Road. One-third of the population in the oblast resides in Taraz. Most of the villages and urban settlements were constructed as part of the state and collective farm structure during the Soviet Union period.
24. The poverty situation in Zhambyl has continuously improved over the past years. However, poverty in the oblast is still among the highest in the country. In 2003, the percentage of people in the oblast with incomes below the subsistence minimum was recorded at 30%.As of 2009, the average per capita income per month in Zhambyl Oblast is 27,626 KZT, one of the lowest in the country. The rate of unemployment is also high. Half of those with income sources are self- employed, with majority relying on agriculture.
3.2 Demographic Characteristics of the Displaced Households
3.2.1 Number and Sex of Household Members
25. The socioeconomic survey covered 96 out of the 98 displaced households in all the three sections under Tranche 3. Two households have transferred residence and cannot be located at the time of the census. The total population among the 96 surveyed households is 521. Of these, 48% are males and 52% are females. See Table 3.1 below.
Table3.1 Population & Sex of Members of Displaced Households
Road No. of Population in the Affected HHs Average Sex Ratio sections AHHs Household Male Female Total size Km383- 44 116 124 240 4.5 93.5 km404 Km162- 38 95 98 193 5.1 96.9 km260 Approach 14 39 49 88 6.3 79.6 to Kyrgyz Total 96 250 271 521 5.4 92.3 Source: Socioeconomic Surveys, 2009 and 2010
3.2.2 Household Size
26. Out of the total surveyed households, 59% have 5-8 members. However, there are also households (7.0%) with 10 or more members. The average household size is 5.4. See Table 3.2
9 . Table 3.2 Size of the surveyed households
Sections Household size of displaced households Total 4 and below 5-8 10 and above Number Percent Number Percent Number Percent Number Percent Km. 404 to 15 34 26 59 3 7 44 100 483 Km. 162 to 14 36 22 58 2 6 38 100 260 Approach 4 29 9 64 1 7 14 100 to Kyrgyz
Total 33 34 57 59 6 7 96 100 Source: Socioeconomic Surveys, 2009 and 2010
3.2.3 Residence and Ethnic Composition
27. Most of the displaced households (84%) reside in villages within the districts of Turar Ryskulov and Kordai, especially in the villages of Kordai, Kulan, Kainar, and Otar. The rest reside in other nearby villages.
28. In terms of ethnic composition, most of the displaced households (92%) are Kazakhs. A few others are Russians,Turks, Kurds Ukrainian and Dungan. The Kazakhs constitute the majority of the native local population. The other ethnic groups are migrants who settled in the area over the past years. None of these ethnic groups maintain cultural and social identifies separate from the mainstream Kazakhstan’s society fitting the ADB definition of Indigenous Peoples. They have full and equal access to institutions and economic opportunities as the rest of the population. Because of this the project will not trigger the ADB policy on indigenous people.
Table 3.3 Ethnicity of the surveyed households
Road Ethnicity of displaced households (number) Total Sections Kazak Russians Turks Kurds Dungan Ukraine Km383- 41 1 - - - 2 44 km404 Km162- 35 1 1 1 - 38 km260 Approach to 12 1 - 1 - - 14 Kyrgyz Total 88 3 1 1 1 2 96
3.2.4 Age and Gender
29. Among the 96 heads of the displaced households, 84 are males while 12 are females. Majority of the household heads belongs to the age bracket of 41 to 60 years. Eight household heads are more than 70 years old. Age composition of the household heads is shown in Table 3.4 below. Among the household members, majority are between 16 to 60 years of age with an almost 1:1 ratio between men and women. See Table 3.4.
10
Table 3.4 Age and gender profile of household heads by section
Age Sections All Sections group Km383- km404 Km162- Km260 Approach to Kyrgyz
Men Women Men Women Men Women Men Women Both 27–40 7 0 3 0 1 2 11 2 13 41 – 50 9 2 11 2 2 0 22 4 26 51 – 60 11 1 11 1 5 1 27 3 30 61 – 70 10 0 6 0 2 1 18 1 19 71 & 2 2 4 0 0 0 6 2 8 above Total 39 5 35 3 10 4 84 12 96
Table 3.5 Age and gender profile of members of displaced households by section
Age Sections All Sections group Km383- km404 Km162- Km260 Approach to Kyrgyz
Men Women Men Women Men Women Men Women Both <7 years 12 11 10 9 13 0 35 20 55 7-15 16 15 13 12 4 6 33 33 66 years 16-30 28 31 23 24 9 11 60 66 126 years 31-60 46 59 38 46 9 19 93 124 217 years 61 and 14 8 12 6 4 13 30 27 57 above years Total 116 124 96 97 39 49 251 270 521
3.2.5 Education
30. All household heads have at least obtained secondary education. This is due to the fact that both primary and secondary education in the country is compulsory. More than two-thirds of the household heads have completed secondary education, while a considerable proportion (30%) was able to obtain higher education. A higher percentage of male household heads have reached higher education than female household heads. See table 3.6. Among the household members, many have obtained higher education, with an equal proportion of men and women having obtained higher education. See table 3.7.
11
Table 3.6 Education of Household Head
Education Sections All Sections Km383- km404 Km162- km260 Approach to Kyrgyz
Men Women Men Women Men Women Men Women Both Secondary 12 1 31 3 9 4 52 8 60 education Higher 27 4 4 0 1 0 32 4 36 Total 39 5 35 3 10 4 84 13 86
Table 3.7 Education of members of displaced households (7 years and above)
Education Sections All Sections Km383- km404 Km162- km260 Approach to Kyrgyz
Men Women Men Women Men Women Men Women Both Primary 12 14 5 10 3 11 20 35 55 Education Secondary 42 46 27 29 3 14 72 89 161 education Higher 50 53 54 49 20 24 124 126 250 Total 104 113 86 88 26 49 216 250 466
3.2.6 Size of Land Holding
31 Land owned and leased by displaced households vary in size. Some lease 20 hectares and below, while others lease from several hundreds to more than 1,000 hectares. Private landowners have smaller landholding. Out of 6 private landowners, 5 own one hectare or less. Details on land holding information of the displaced HHs and legal entities is shown in Table 3.8 below.
32. Land owned/leased by the displaced households also have varying levels of productivity. While some lands continue to be fully cultivated, others have been partially utilized for a number of years. One affected leaseholder reported that he has not been cultivating his leased land due to lack of capital, labor force, agricultural machinery and equipment. The global financial crisis also affected the demand for wheat and other agricultural products which resulted in substantial losses among many farmers. Some households are still reluctant to fully cultivate their land. There are current programs of the Government to encourage farmers to improve their productivity through the provision of subsidies in the purchase of seeds, fertilizers and pesticides and micro-credit for purchasing agricultural machineries.
12 Table 3.8 Size of lands owned by the displaced households and entities
Size of landholding Number of displaced households and Percent (in hectares) legal entities Households Legal Entities Total A. Private Landowners 5 1 6 5.6 1 hectare and below 5 - 5 4.7 More than 1 hectare - 1 1 0.9 B. Leaseholders 93 8 101 94.4 20 hectares and below 30 - 30 28.0 21 to 50 hectares 21 2 23 21.5 51 to 100 hectares 8 2 10 9.3 101 to 300 hectares 15 1 16 15.0 301 to 600 hectares 8 1 9 8.4 More than 600 hectares 11 2 13 12.1 Total 98 9 107 100.0
3.2.7 Household Income and Expenditures
33. Most households (74%) have more than 1 income-earning member. Only 16% of the sampled households depend on one gainfully employed member. Income and expenses reported by the displaced households varied widely. A few households earn and spend 50,000 KZT or less per month, while others earn and spend more than 130,000 KZT per month. None of the households reported incomes below the official subsistence minimum. However, about 32 percent of the surveyed households have per capita income only slightly above this level. Other households reported incomes way above the subsistence income level.
34. Agriculture is the principal source of income of the affected farming households. Commonly planted crops are wheat, barley, safflower, medicago/alfalfa and vegetables. When asked about their average yield per hectare, survey respondents from the farming households provided the following responses: crop: yield range: a. wheat 8 - 20 centner (100 kg) per hectare b. barley 10 - 20 centner (100 kg) per hectare c. clover 75-85centner (100 kg) per hectare d. safflower 6 - 13 centner (100 kg) per hectare e. vegetables 15-20 centner(100 kg) per hectare
35. Aside from planting crops, almost all farming households raise livestock. The socioeconomic survey revealed that most households own between 1 to 35 cows, 1 to 45 horses, and 10 or more sheep. Some households also raise poultry. Many households collect hay as feeds for their livestock during winter.
3.2.8 Living Conditions
36. Almost all of the interviewed households live in brick houses. Only a few stay in structures made of saman (clay with straw) or wood. Most houses were built as early as the 1950s, while a few were built in recent years. An average house has one floor with 4-5 rooms and has access to electricity. Less than half of the displaced households have telephone lines, and about 40% have access to piped water and gas. Others obtain water from their own wells and use firewood for cooking.
13 3.2.9 Vulnerable Households
37. In Kazakhstan, families with an average per capita income below the poverty line (defined as 40% of the subsistence minimum) are considered vulnerable and are entitled to receive regular cash allowance under the Targeted Social Assistance (TSA) program of the government. The current official subsistence minimum in Kazakhstan is 14,952 KZT per capita. The poverty line is 5,980.8 KZT per capita. There are State social benefits, financed from the central budget that provide monetary transfers to citizens in need due to disability, loss of the family breadwinner, or old age. Local governments (Akimat) are mandated to identify poor and vulnerable households in their area.
38. Efforts were made during the census to identify poor and vulnerable households. However, none of the displaced households have income below the official subsistence minimum. Further verification was done by the RD in coordination with the raion akimat of Turar Ryskulov and Kordai, but found none under this category.
3.3 Description of the Displaced Legal Entities
39. Nine legal entities will be affected under the Tranche 3 project. One legal entity in Turar Ryskulov district (Munai-invest LLP) owns a gas station which is currently not operating. The remaining legal entities are agricultural firms/collectives producing crops or raising livestock (sheep, cows etc.). Crops cultivated by these firms include wheat, barley, corn and lucerne which are intended mostly as feeds for livestock. Average annual income varies greatly depending on the size of land holding and nature of activities. Incomes range from KZT 240,000 to 68,000,000. These legal entities usually have both permanent and seasonal laborers. The number of laborers also varies. These farm collectives hire both male and female laborers/workers. The monthly salary of workers ranges from KZT 15,000 to 30,000 depending on the nature of work and experience. The operations of these legal entities will continue on their remaining plot and none of their workers are expected to be laid-off as a result of the land acquisition. Appendix B: Table 3 provides the list and basic description of the affected legal entities.
14 Chapter 4 Objectives, Policy Framework, and Entitlements
40. The Land Acquisition and Resettlement Policy Framework (LARF)4 for the project agreed between the Government and ADB defines the eligibility for compensation and rehabilitation assistance, and details the entitlements for each impact type, as well as procedures for valuation, compensation, complaints consideration, consultations and disclosure and monitoring/evaluation. It combines existing legal framework and procedures for land acquisition in Kazakhstan and international good practice as embodied in the policies of ADB.
4.1 Kazakhstan Legal Framework and Practice
41. In Kazakhstan, land is owned by the State but can be transferred, sold or leased to individuals or legal entities. Most leases are on a long-term basis (generally for 49 years). A few others prefer to lease for the short-term (between 1 to 5 years). The State can reclaim private lands only for specific uses, including road construction, and only after compensating the owner for the asset and other losses.
4.1.1 Kazakhstan Constitution
42 Kazakhstan laws and regulations regarding land and land ownership are derived from the Constitution, which states that land (surface and underground) is owned by the State, but can also be privately-owned (Article 6.3). Article 26.3 states that no one may be deprived of property unless stipulated by a court decision. Forcible alienation of property for public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation
4.1.2 The Land Code of 2003
43. The Land Code of the Republic of Kazakhstan (RK Code No. 442-II of 20 June 2003, amended on 6 July 2007) stipulates that a plot may be reserved for State needs by way of purchase or by granting an equivalent plot with the consent of the owner or land user (Article 84.1). Road construction is one of several grounds for purchasing private land or terminating long-term leases (Article 84.2.4). In the case of land under lease, the land user is compensated for the full amount of losses and, if the land user wishes, may be granted an alternative plot to lease under the same terms and conditions (Article 84.4). However, the availability of suitable land to swap varies from one location to another.
44 Land owners/users must be notified of the decision to purchase 1 year in advance, unless the owner/user agrees to release the land more quickly (Article 85.2). If part of a plot is acquired and the remaining area cannot be used as before, the whole plot must be purchased (Article 86 para 2).
45. The price of a plot purchased for State needs is determined by agreement with the owner/land user (Article 87.1). The payment price includes the market value of a plot or rights to it and of real estate situated on it, as well as all losses caused to the owner/land user due to land loss, including losses due to the premature termination of obligations to third parties (Article 87.2). If the owner or land user agrees, another plot of equal value can be substituted instead of cash compensation (Article 87.3).
4 Land Acquisition and Resettlement Framework, Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 1 (Zhambyl Oblast Section) Project, Ministry of Transport and Communications, Republic of Kazakhstan, July 2008 15 46. Under the Land Code, basic rates of payment for land plots were established for determining the value of land. Cadastral value of the land plots which are granted by the state for agricultural production is determined by using adjustment coefficients based on the quality/condition of a given land plot, its location, water supply, remoteness from service centers and the condition of a land plot by type of land and type of soil.5
47 If an owner disagrees with the decision to purchase (acquisition), the price offered or other purchase conditions, the authority issuing the decision to purchase can file an expropriation case in court (Article 88 paragraph 1) one-year after the notification (Article 88 paragraph 2). In disputed cases, the land cannot be taken until the court adjudicates a settlement specifying compensation levels and losses (Article 166.7). Compensation must be paid to the owner or user before the reservation is processed by the regional level office of the Land Resources Management Committee and registered at the Registration Service Committee, then allow work to begin on the land.
48. The Land Code of RK does not entitle encroachers to compensation for the loss of access to lands they use informally (squatters) or those who have not registered their claims to lands. Moreover, no additional provision is made for those who are losing a significant portion (10% of more) of their productive assets.
4.1.3 Law on Housing Relations
49. When residences are affected, the Law on Housing Relations also applies. If a house is demolished for State need, the owners can choose either to receive a new residence or receive compensation equal to the market value of the house. An owner who chooses the replacement option can select a home from a list of available homes. If the value of the selected house is higher than the market value of the building to be demolished, the exchange is completed; if the cost of the selected building is lower than the market value of the one to be demolished, the owner is compensated in cash for the difference. Disagreements over the evaluation are settled in court.
4.1.4 Labor Code
50. Registered workers from affected business establishments/enterprises who lose their work as a result of discontinuation of the operations of the establishment are also entitled to compensation equivalent to their one-month salary as per the Labor Code of RK.
4.1.5 Standard Land Acquisition Practices and Process
51. Land acquisition for public needs in Kazakhstan generally follows the following procedures:
Proposed alignment and estimates of the amount of land to be acquired permanently or temporarily; as well as estimated cost of acquisition, rental and restoration of affected lands are included in the feasibility study (FS). The FS is sent to the oblast and raion levels for review and comments. In the case of Republican Roads, the FS is sent to the Committee of Roads in Astana for review. Based on the tentative alignment, registered owners/leaseholders are notified initially that their land will be acquired.
5In accordance with the Land Code, the RK issued Resolution No. 890 in 2 September 2003 (revised in November 2008) establishing the base payment rates for land plots in providing for private ownership, leasing by the State and payment for selling the right to lease land. 16 The detailed design is prepared which firms up the alignment and assessment of land acquisition requirements, including detailed maps and individual landholdings to be affected, ownership data from the cadastre and estimated compensation for acquisition and losses. Once the final alignment is agreed with local officials, the agency that requires the land requests the akimat of the raion to call owners together to discuss the LAR process. The akimat issues a resolution on the land acquisition and registers the resolution with the oblast Department of Justice. Owners are officially notified of the extent of land acquisition of their properties. The raion akimat establishes an evaluation commission that includes officials and land owners. Inputs are sought from licensed valuators in establishing official compensation amounts. For this project, greater reliance was placed on the valuation report of the licensed valuators. Once the official compensation amounts have been established, negotiation between government and the affected persons starts. Signed agreements are again registered with the oblast Department of Justice. Compensation amounts are processed and delivered to the displaced person. If agreement cannot be reached, the government agency requiring the land will initiate a court appeal for expropriation after the one-year notification period ends. Once the court renders a decision, the compensation amount will be transferred to the account of the displaced land user. Land cannot be accessed until compensation is completed and the title is transferred.
4.2 ADB Involuntary Resettlement Safeguards 6
52. ADB Safeguard Requirements 2: Involuntary Resettlement aims to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihood 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.
53. ADB SPS (2009) has the following requirements related to involuntary resettlement:
a. Compensation, Assistance and Benefits for Displaced Persons (DPs) – Compensate/assist those with formal legal rights to the land lost and those who have claims to lands that are recognized or recognizable under national laws. DPs who have neither formal legal rights nor recognized or recognizable claims to such land are entitled only to compensation for non-land assets. - Compensate for affected lands, structures and other assets and put in place a comprehensive income and livelihood rehabilitation program prior to displacement - Give preference to land-based resettlement strategies for displaced persons whose livelihoods are land-based. Provide physically displaced persons with relocation assistance, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, and civic infrastructure and community services. - Promptly compensate economically displaced persons for the loss of income or livelihood sources at full replacement cost, and provided other assistance (i.e. access to credit, training, and employment opportunities) to help them improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre- displacement levels.
6ADB. Safeguards Policy Statement, June 2009. Manila 17 - Provide displaced persons with opportunities to share project benefits in addition to compensation and resettlement assistance. b. Social Impact Assessment - Conduct socioeconomic survey(s) and a census, with appropriate socioeconomic baseline data to identify all persons who will be displaced by the project and to assess the project’s socioeconomic impacts on them. - As part of the social impact assessment, identify individuals and groups who may be differentially or disproportionately affected by the project because of their disadvantaged or vulnerable status. c. Resettlement Planning - Prepare a resettlement plan based on the social impact assessment and through meaningful consultation with the affected persons if the proposed project will have involuntary resettlement impacts - Include in the resettlement plan measures to ensure that the displaced persons are (i) informed about their options and entitlements pertaining to compensation, relocation, and rehabilitation; (ii) consulted on resettlement options and choices; and (iii) provided with resettlement alternatives. - Pay adequate attention to gender concerns to ensure that both men and women receive adequate and appropriate compensation for their lost property and resettlement assistance, if required, as well as assistance to restore and improve their incomes and living standards. - Analyze and summarize national laws and regulations pertaining to land acquisition, compensation payment, and relocation of affected persons in the resettlement plan; and compare such laws and regulations with ADB’s involuntary resettlement policy principles and requirements. If a gap between the two exists, propose a suitable gap-filling strategy in the resettlement plan in consultation with ADB. - Consider all costs of compensation, relocation, and livelihood rehabilitation as project costs. - Include detailed measures for income restoration and livelihood improvement of displaced persons in the resettlement plan. For vulnerable persons and households, include measures to provide extra assistance so that they can improve their incomes in comparison with pre-project levels. - Finalize the resettlement plan soon after the completion of engineering design Ensure that the final resettlement plan (i) adequately addresses all involuntary resettlement issues pertaining to the project, (ii) describes specific mitigation measures that will be taken to address the issues, and (iii) ensures the availability of sufficient resources to address the issues satisfactorily. - Consult with displaced persons identified after the formulation of the final resettlement plan and inform them of their entitlements and relocation options. Supplementary resettlement plan or a revised resettlement plan should be submitted to ADB for review before any contract is awarded. - Use qualified and experienced experts to prepare the social impact assessment and the resettlement plan. d. Information Disclosure - submit the following documents to ADB for disclosure on ADB’s website: (i) a draft resettlement plan and/or resettlement framework endorsed by the borrower/client before project appraisal; (ii) the final resettlement plan endorsed by the borrower/client; (iii) a new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during project implementation, if any; and (iv) the resettlement monitoring reports.
18 - Provide relevant resettlement information in a timely manner, in an accessible place and in a form and language(s) understandable to displaced persons and other stakeholders. For illiterate people, use other suitable communication methods.
e. Consultation and Participation - Conduct meaningful consultation with DPs, their host communities, and civil society for every project and subproject identified as having involuntary resettlement impacts. - Pay particular attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female headed households, women and children, indigenous peoples, and those without legal rights to land.
f. Grievance Redress Mechanism - establish a responsive, readily accessible and culturally appropriate mechanism to receive and facilitate the resolution of displaced persons’ concerns and grievances about physical and economic displacement and other project impacts, paying particular attention to the impacts on vulnerable groups.
g. Monitoring and Reporting - monitor and measure the progress of implementation of the resettlement plan. For projects/subprojects with significant LAR impacts, qualified and experienced external experts are retained to verify internal resettlement monitoring information. If any significant involuntary resettlement issues are identified, prepare a corrective action plan to address such issues. Do not proceed with implementing the project until such planning documents are formulated, disclosed and approved.
h. Unanticipated Impacts - If unanticipated involuntary resettlement impacts are found during project implementation, conduct a social impact assessment, update the resettlement plan or formulate a new resettlement plan
i. Special Considerations for Indigenous Peoples - avoid physical relocation of indigenous peoples that will result in adverse impacts on their identity, culture, and customary livelihoods. If adverse impacts cannot be avoided, formulate a combined Indigenous Peoples plan and resettlement to meet all relevant requirements specified under ADB Safeguard Requirements 3: Indigenous People.
j. Negotiated Settlement - acquisition of land and other assets through a negotiated settlement whenever possible is encouraged. - Negotiated settlements that would result in expropriation are subject to third-party validation to ensure that the compensation is based on fair price (replacement cost) of land and/or other assets, and is based on meaningful consultation with DPs.
4.3 Comparison of ADB Resettlement Policy and Kazakhstan’s Legislation
54. There is congruence between Kazakhstan’s laws and ADB’s Resettlement Policy with regard to compensating at replacement value for affected privately-owned assets. However, ADB’s Resettlement Policy does not consider the absence of land rights of DPs as an impediment to receiving compensation for non-land assets. Likewise, ADB Policy stipulates the improvement of livelihood for vulnerable DPs. Key differences between ADB Resettlement Policy and Kazakhstan’s Legislation are outlined in Table 4.1 below.
19 Table4.1 Comparison of Kazakhstan's Land Acquisition/Resettlement Practice/Policy and ADB Resettlement Policy
Kazakhstan’s Land Acquisition Practice ADB Involuntary Resettlement Policy Compensation for land and non-land assets is only for DPs without formal legal rights and claims are titled landowners or leaseholders who purchased the right entitled to compensation for non-land assets to land leasing from the State. Compensation of private agricultural land plot (with no Compensation of private agricultural land is based account for losses) purchased by the land owner from the on current market value. State and subject to acquisition for public needs shall be determined as equal to the amount paid to the State. Crop, tree and structure losses compensated only to DPs without formal legal rights and claims are registered DPs entitled to compensation for crop, tree and structure losses (non-land assets) Objective is more on compensation for affected privately- Considers as a key objective the restoration of owned assets, not restoration of livelihood and standards livelihood and standards of living displaced of living persons, regardless of tenure or legal status No provision for additional assistance to vulnerable Stipulates enhancement of livelihood if possible groups, relocation costs or transition period. and improvement of livelihood for vulnerable DPs Uses negotiated settlement as an initial approach to Encourages acquisition through a negotiated acquiring land without the requirement for third party settlement subject to third party validation to validation. If agreement cannot be reached, initiates ensure compensation at replacement costs and expropriation procedures, conduct of meaningful consultations with DPs
55. Differences in the national legislation and practice and ADB Policy will be reconciled through the adoption of this Land Acquisition and Resettlement Framework for the MFF. The LARF ensures that: (a) compensation is provided at replacement cost of all items,(b) DPs without legal rights to land are compensated for non-land assets, (c) DPs are assisted in restoring their livelihood, and (c) the provision of allowances for DPs who may experience severe losses of productive assets and DPs who are vulnerable.
4.4 Actions Made to Address the Gaps
56. In 2008, the Government of Kazakhstan (through the Ministry of Transport and Communication) agreed to adopt a Land Acquisition and Resettlement Framework (LARF) for the Project that incorporates both Kazakhstan’s laws and procedures and the resettlement policies of its partner-International Financial Institutions (IFIs) for the Project, including ADB. Specific to ADB, a modified LARF was prepared in July 2008 that reflects the ADB processing requirements related to involuntary resettlement. The framework applies to all persons whose private land status is affected permanently or temporarily due to the Project, including purchase and temporary use during construction. It also applies to people whose use of state land, sanctioned or not, changes as a result of the investment. The Framework does not apply to State land that is transferred from one authority to another, or used for the reconstruction, unless third parties are adversely affected by the transfer or use.
57 The LARF ensures that: (a) compensation is provided at replacement cost of all items, (b) DPs are given livelihood rehabilitation, and (c) DPs who may experience severe losses of productive assets or are vulnerable are provided with subsidies or allowances.
20
4.5 Policy Framework and Entitlements for this Project
4.5.1 Entitlements to Compensation
58 The following groups of DPs are included in the LARF and will be addressed in the LARP for this road section: All DPs losing land either with legal title, lease holding land rights or without legal status; Tenants and sharecroppers whether registered or not; Owners of buildings, crops, plants, or other objects attached to the land; and, DPs losing business, income, and salaries temporarily or permanently.
59. To enable the project to compensate unregistered land users under Kazakhstan’s laws, representatives from the Zhambyl Land State Scientific and Production Center for Land Management (GosNPTsZem) advised displaced land users to register or update the registration of their lands. In the previous tranches, 5 unregistered land users identified during the surveys were assisted in having their land claims registered. This entitled them to be compensated according to standard Kazakh legal framework. The assets/structures on the affected plots of land users without titles have been evaluated by exactly the same criteria as those with titles. For this project (Tranche 3), there are no unregistered land users. In case, unregistered land users are identified later, similar assistance for registering their lands will be provided.
60 Compensation and entitlements must ensure that the DPs are able to restore their livelihood and maintain or improve their standard of living after the project. For purposes of eligibility, the cut- off date in this road section is the date of State expertise conclusion for the projects of the transport Corridor ―Western Europe –Western China‖ reconstruction (June 2009). The owners of the affected lands received initial notifications in January 2009. Official notifications were sent by the raion akimats after the issuance of the akimat resolution on land acquisition. Table 4.2 below provides the entitlements for various categories of DPs and degrees of impacts related to the project.
Table 4.2 Entitlement and Compensation Framework
Asset Specifications DP Compensation Entitlements Permanent Loss Arable Land All Land Losses Owners Cash compensation at replacement cost (without irrespective of deduction of depreciation, taxes and other transaction severity of impact costs) or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible. Leaseholders of State Cash compensation for termination of lease rights7, or, land renewed lease in an alternative plot Severe Impact— Owners, leaseholders of Additional cash compensation equal to market value of >more than 10% State land one year crop harvest (based on a 3-year average) and of agricultural subsidies for two crop-years. income/productiv e land lost Commercial Owners Cash compensation at replacement cost (without Lands deduction of depreciation, taxes and other transaction costs) or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible. Squatters (if any) Leased plot on State land; Self-relocation cash allowance option;
7 Based on the base payment rates provided for under Resolution 890 (revised 7 November 2008) 21 Asset Specifications DP Compensation Entitlements Buildings and Owners of permanent Compensation of full market value (without deduction of Structures structures depreciation, taxes and other transaction costs) or, at the owner option, house for house swap
Crops Crops affected All DPs including Crop compensation in cash at full market rate for 1 year squatters crop harvest (based on a 3-year average)
Business and Temporary or All DPs including Owner of shops/commercial establishments: if permanent employment permanent squatters and workers of loss, cash compensation equal to one year income (lost business/ alienable enterprises profits); if temporary, cash compensation for the period of employment loss income loss taking into account the compensation to workers for lost job (forced interruption) due to complete or temporary business cancellation – amounting up to 3- months average wages Owner of peasant farm: allowance for labor maintenance
Resettlement Transport and All resettled DPs Allowance sufficient to cover transport expenses and transitional livelihood expenses for one month due to relocation. livelihood costs Vulnerable Households below the Cash assistance equivalent to 1-month minimum wage. house holds poverty line Priority in local employment for members of vulnerable household.
Temporary Loss Lands for construction sites and Owners (private or public) Cash compensation at local commercial rental rates for burrow pits duration of use; Land restored to original status at the end of rental.
61. The entitlements provided in the matrix are further elaborated below:
a. Arable land impacts. The households with private ownership will be given Cash compensation at replacement cost or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible and also cash compensation for crop losses at current market rates. Actual transaction taxes/fees will be paid by the Committee of Roads (CoR) or waived by the concerned agency. Compensation will also include costs incurred by the owner related to land plot development, maintenance, protective measures and soil fertility improvement, taking into account the inflation, as well as losses that the owner incurred due to early termination of obligations to third parties.
Leaseholders will be paid cash compensation for losing their right-to-lease the affected land following the established base rates as per Resolution No. 890 (revised on 7 November 2008). They will also be given compensation for works related to land plot development, maintenance, protective measures etc. To facilitate livelihood restoration of leaseholders, leaseholders may be granted an alternative plot to lease depending on the plot availability. If the permanent or temporary acquisition results in partial or complete damage to irrigation, drainage and erosion-preventive structures (systems), then the losses will be determined based on the costs of the work for construction of new facilities or rehabilitation of existing structures (systems), including the costs of design and survey works.
22 b. Residual agricultural land impacts. Residual portions of the acquired lands which are rendered unusable will be included in the affected land and compensated as indicated above subject to the preference of the DP.8 purposes.
Alternatively, the DP has the option of seeking an alternative plot or of changing the intended use of the remaining plot i.e. from agricultural to commercial. Moreover, DPs may also explore the reorganization and swapping of plots with adjacent owners to improve the economic viability of the remaining agricultural lands.
c. Severe impact losses. When >10% of an DP income or agricultural land is affected, DP (owners, leaseholders, sharecroppers, and squatters) will get an additional allowance for severe impacts equal to one year harvest from the acquired land. The amount of the harvest is determined based on the average yield in the past three years. Assistance will also be provided (i.e. agricultural subsidies and micro-credit support under the current agricultural programs of the Government), to help them restore their livelihoods.
d. Agricultural sharecroppers and agricultural workers. Sharecroppers will receive cash compensation equivalent to their share of harvest at market rates, including costs incurred by the sharecropper in the improvement of the land. Costs incurred by the sharecropper on the plot allotted will be determined under the procedure stipulated by constituent documents of economic partnerships, producers' co-operatives or an agreement between the parties. On the other hand, agricultural workers who will lose employment will be paid cash compensation equivalent to their salary for the remaining part of the agricultural year.
e. Commercial land. Households and legal entities who own commercial lands that will be affected by the Project will be compensated at replacement rate either (i) in form of land for land or (ii) cash at current market rates free of transaction costs and depreciation. f. Buildings and structures will be compensated in cash at replacement cost free of deductions for depreciation, salvaged materials, and transaction costs irrespective of the registration status of the affected item. The cost of lost water and electricity connections will be included in the compensation.
g. Crops. Standing crops on the acquired lands will be compensated at market rates for their gross value of 1 year’s harvest losses. Crop compensation will be paid both to landowners and tenants.
h. Businesses. If business is lost permanently, it will be compensated in cash equal to 1- year net income (loss of profit). If disruption is temporary, the DP will be paid cash compensation for the period of business interruption period based on tax declaration or, if unavailable, official monthly minimum salary. Cash compensation is also provided in cases where there is already an approved business plan and the DP has already incurred cost in the business preparation, subject to review of supporting documents.
8The main criterion to determine whether the residual part (plough land or pasture) is or is not suitable for its earlier purpose is its economic impracticability based on the following: a) small area of the remaining part; b)difficulty of access (driving of agricultural machinery or cattle via highway); c) incomparable costs for plot processing and insignificant profits that can be obtained from its further use. The owner or long-term leaseholder has the right to determine practicability of the land further use. This will be determined via negotiation. (Article 86, RK Land Code)
23 For those involved in agricultural production and who employ workers, a one-time labor maintenance allowance will be provided to supplement cost of maintaining labor despite of the reduced income as a result of land acquisition. Labor maintenance allowance is computed based on the following formula: number of workers X average wages for 3 years X percentage of acquired land.
i. Employees. Workers whose employment will be disrupted will be provided with indemnity for lost wages for the period of business interruption up to a maximum of 3 months, based on their registered monthly wages/salaries.
k. Self resettlement allowance. DP households/owners of structures forced to remove will receive a self-relocation allowance to help them transport their structures, goods and personal items.
l. Community structures and public utilities will be fully replaced or rehabilitated to maintain their pre-project functions.
m. Socially vulnerable people (Displaced households below the poverty line) will be provided an additional assistance equivalent to one-month official minimum wage and will be enlisted in existing special programs and other initiatives for socially vulnerable people (i.e. Targeted Social Assistance and State social benefits). Able-members of vulnerable households will be given priority in project-related jobs.
n. Temporary impacts. In case of temporary land acquisition, compensation will be based at local commercial rental rates for the duration of use, taking into account the lost income from the land. The project will ensure that the land is restored to its original status at the end of the rental period.
62. For unexpected adverse effects during the project implementation, the raion akimats and the Zhambyl Oblast Roads Department will undertake measures in accordance with the objectives of the LARF of restoring the socio-economic and living conditions of the DPs.
63 In case of cash compensation, payment will be made through the banks or ―KazPost‖ JSC, by checks or other means based on the preference of the DPs free from fees or processing charges. Expenses related to transfer of funds, and documentation requirements will be shouldered by the Zhambyl Oblast Roads Department.
24
Chapter 5 Compensation and Livelihood Restoration Strategy
64. For majority of the DPs, the impact of land acquisition to income losses is marginal. Most DPs will lose less than 10% of their productive lands and can continue with their livelihood activities in the remaining portions of their lands or in their other plots. For such DPs, the cash compensation provided for losses would be sufficient to help them re-establish and continue with their livelihood. Those with commercial lands currently do not have an operational business on their plots. No household is expected to be displaced from housing and will need to relocate to another location. No worker from the affected peasant farms and agricultural enterprises is expected to lose his or her job despite the reduction in the land area of these farms. This chapter presents a more detailed explanation of the compensation strategy of this project and the supplemental assistance for severely affected farms.
5.1 Compensation for Privately-owned Lands
65 Privately-owned lands will be compensated cash based on the current market values in the area or provided with land of equal value. In the area where the affected privately-owned plots are situated, market values of land vary depending on the type of land and location. Official valuation has been conducted on all the six privately-owned lands to be acquired. Such valuation has taken into account costs incurred by the owner related to land plot development, maintenance, protective measures, as well as losses that the owner incurred related to early termination of obligations to third parties. For owners at the advanced stage of business development and construction planning, compensation also took into account lost income opportunities and expenses for development planning. Owners of these affected private lands opted for cash compensation. Appendix B: Table 1 shows the list of affected privately-owned lands.
5.2 Compensation for Leased/rented Lands
66. Long-term leaseholders will be compensated for their permanently alienated land through cash compensation following the base rates provided for under RK Resolution No. 890 (revised 7 November 2008). The same base rate is used for valuating land for mortgage purposes, contribution to economic partnerships, share to production cooperatives, and for selling rights to lease. Table 5.1 shows the basic rates used for compensating for the loss of lease rights to agricultural lands regardless of duration of lease. Subject to the availability of land, displaced leaseholders may also be provided with an alternative plot to lease under the same terms and conditions. Three leaseholders have applied to the akimat for replacement land. One leaseholders has already been provided with a replacement land in the same district. The other two applications are still under process.
25 Table 5.1 Basic Rates for Computing Compensation for Loss of Lease Rights for Agricultural Lands as per RK Resolution No. 890 (revised November 2008)
Thousands of tenge per hectare Region Types of Soil types and subtypes leased Grey- Sands Light Light- Chestnut Sub- agricultural brown and brown foothill alpine land ordinary foothill and and sierozem and upland alpine upland chernozem soil Zhambyl Nonirrigated 15.6 24.4 26,9 plough land Irrigated 40.2 74,5 114,1 plough land Hay field 5.6 2.0 10.6 10.6 11,9 9.4 Pasture 2.0 1.9 5.6 6.9 8.6 6.9 land Source: RK Government Resolution #890 on Establishment of Base Payment Rates for Land Plots in Providing them for Private Ownership, as well as in providing for lease by the State or State land users and also fees to be paid for selling the right to Lease land plots dated September 2, 2003 (revised 7 November 2008)
5.3 Compensation for Crop Losses
67. Owners and leaseholders will be compensated for crop losses. Compensation for crop losses will be equivalent to the market value of gross crop per one year (based on the average three-year indicator). Information on crop losses is based primarily from the DP’s statements/application. Data from the Zhambyl Department of Agriculture and other documents/data (pledge agreements, statistics data and tax information regarding farms, etc.) were also used in the valuation.
68. Each plot is individually valuated by a licensed valuator engaged by the Zhambyl Oblast Roads Department based primarily on the DPs application provided that these are reasonably within the recorded average volume of harvest/productivity in the region for similar land and crop category. If the application is found unreasonable, the valuator requests the DP to submit a revised application for another review. Moreover, the valuator provides free consultation to DPs on filling up the application. The DP may also request for a re-valuation in case the DP is not satisfied with the earlier valuation. Table 5.2 show the average crop outputs and prices in the project area based on records from the Zhambyl Oblast Agriculture Office used as general reference by the valuator in evaluating the DPs applications.
26 Table 5.2 Crop output and prices for 2009 in Zhambyl Oblast crop output centner/ha City/district Perennial Barley Wheat Safflower Corn grass Korday district 46.5 5.9 25.4 10.8 60.1 Merke district 51.9 3.9 24.1 - 46.7 Ryskulov 40.8 3.0 21.1 11.1 35.3 district Zhambyl area 44.5 5.1 18.0 15.9 46.4 Bayzak district 40.0 5.3 16.4 11.6 53.0 Zhualy district 31.6 7.3 27.1 7.4 32.1 average crop price Name of Amount Bayzak Zhambyl Zhualy Ryskulov Merke Korday crop (ton, kg) district area district district district district Perennial ton 6946 11636 13000 8182 12727 9182 grass Wheat Kg 29 34 28 32 25 29 Barley Kg 25 26 26 26 24 24 Corn Kg 33 32 - 38 30 29 Safflower kg - - - 248 353 270
5.4 Compensation for Losses Related to Plot Development and Responsibility to Third Parties
69 Losses related to the plots development, encumbrance and the responsibility before the third parties are also taken into consideration for the compensation to the land users of alienated agricultural lands. These are determined through the DP’s application and submission of supporting documents. A total of 15 households reportedly spent a total of KZT 4,627,660, while 2 households and 1 legal entity will lose KZT 143,517 for early payment of credit. These costs have been included in the compensation amounts due to these DPs. 5.5 Cash Allowance and Agricultural Subsidies for Severe Loss of Productive Lands
70. Some farms leasing/renting agricultural lands will lose more than 10% of their lands. For these DPs, a severe-impact allowance equivalent to one-year harvest will be provided. If an alternative plot is not available, additional assistance in terms of subsidies for seeds, fertilizer and pesticides will be provided to help them improve the productivity of their remaining plot and assist them in restoring their livelihood.
71. The Ministry of Agriculture, through the Zhambyl Oblast Agriculture Division has ongoing programs to encourage farmers to resume and re-intensify farming activities. Under these programs, the government provides 40% subsidy in the cost of certified seeds, fertilizer, and pesticides. Under a separate unit, the government also provides credit support at below market rates for the purchase of agricultural machineries, payable in installment basis. 72. Of the three households losing more than 10% of their affected plots, only two are still actively engaged in agriculture and are interested to get an equivalent replacement land to cultivate. Accordingly, they submitted applications to the akim of Kordai raion to provide them with replacement land. As per their application, the akimat will provided them with equivalent replacement land possibly nearby their previous plot. One household who depends primarily on other income sources submitted a written statement to the akim of Ryskulov indicating that he is not
27 interested to receive agricultural subsidy and micro credit since he is no longer primarily engaged in agricultural activities. 5.6 Compensation for affected structures
73. Among the three affected structures, official valuation for the gas station only has been completed as shown in Table 5.3 below. The valuation of the second cafe will be completed in 15.09.2011. An estimate of the values of these two structures is presented in this LARP.
Table 5.3 Area, description and estimated value of the totally affected permanent structures
Type of Area Building Estimated Remarks Structure (in sqm) Material Replacement Value (in KZT) Km. 383-404 Gas station 240 Brick 12,398,000 Obtained from valuation report Cafe 170.75 Bricks & 17,661,000 Obtained from valuation concrete report Cafe 115 Bricks & to be estimated concrete Total 525.75 30,059,000
5.7 Compensation for loss of potential business profits
74. The displaced 2 households in Kordai who are operating a shop (magazine) & a café will be provided cash compensation equal to their net profit for 12 months. Assessment of income losses for these shop & café is still to be conducted pending decision from the court. Initially, the lost profits from these this shop and café is estimated based on the official minimum wage (Php 13,470 x 12 months x 2 shops). For the owner of the non-operational gas station and the five other DPs and the same first cafe owner with planned business development approved by the raion akimat, the loss of potential business income was also considered by the valuator. The official valuation for profit losses of these businesses is computed at a total KZT 8, 625,800.
28
Chapter 6 Consultation and Disclosures
6.1 Consultations
75. A number of consultations with regional (districts) akimats and affected persons in the entire road corridor have been conducted by the Committee of Roads since 2007. Initial consultations were with the Akims, Deputy Akims and Land Allocation Offices at the different regions. Further informal discussions and individual visits were made by the Design Firms in 2008 during the preparation of detailed design. DPs identified in the process were contacted by the valuators and the Committee chaired by the Deputy Akims of Ryskulov and Kordai regions from August to November 2008 to notify them of the impact degree on the lands and seek preliminary agreements for land acquisition.
76 In January 12-13, 2009, consultations were held inKordai andKulan villages to present the scope of the project works as part of the preparation of the environmental impact assessment (EIA). Questions and concerns related to the project were noted. Compensation issues and crossings for animals were among the common concerns raised in the consultation in Kulan. A total of 38 people attended the EIA-consultation in Kulan, while 20 people attended the meeting in Kordai.9
77 In May 2009, consultation was again held in Kulan to explain the rights of displaced persons, as well as the valuation of losses, complaints considerations and procedures in land acquisition. In order to maximize participation in the consultation, notifications were twice made in local newspapers The akimats also mobilized the heads of rural villages to inform DPs about the event. A similar consultation was held in Kordai region in March 2010. Summary dates of the consultations held are shown in Table 5.1.
78. Mr. Muratkhan Shukeev, vice akim of Ryskulov raion, chaired the consultation in Kulan. The Director of the Zhambyl Oblast Roads Department, Mr. Erulan Zhunissov, participated. Representatives from 2 local NGOs (Alga and Taraz Information Center) also participated. Brochures (in Russian and Kazakhs) on the entitlements and other relevant aspects were distributed at the start of the consultation.
79. A total of 30 DPs attended the consultation at Kulan in May 2009. DPs participated actively in the discussion. Questions and comments revolved around the following: (i) eligibilities and entitlements, (ii) factors to be considered in the valuation of agricultural and commercial lands, (iii) documentation requirements, (iv) compensation amounts, (v) schedule of project implementation and compensation payments, (vi) mode of delivery of compensation, (vii) concerns about charges and expenses related to receipt of compensation (viii) options for remaining plot areas that are no longer suitable for their former use, and (ix) treatment of people who haven’t registered their land rights.
80. After a brief presentation of the project and resettlement policy agreed between ADB and the Government of RK, the participants of the consultation asked questions. NGO representatives encouraged the participants to use this opportunity to get clarification and information about the project.
9 Highlights of the consultation in Kulan is provided in the Summary Environmental Impact Assessment, Kazakhstan: Multitranche Financing Facility for the CAREC Transport Corridor 1 (Zhambyl Oblast Section) Investment Program- Tranche 2, prepared by MOTC for ADB, May 2009.. 29 81. The participants strived to get further explanation regarding the compensation for buildings, lands rented on long-term basis and non-registered lands. Questions regarding location and size of animal crossings, mitigation of consequences for the irrigated lands and requirements for opening of bank account were also raised.
82. The representatives of Zhambyl Oblast Roads Department answered the questions referring to the brochures prepared for the project. They also explained that based on the existing information all the allocated lands along the road had been identified and registered. Nevertheless, it was noted that DPs have the right to legalize their unregistered lands. Regarding payment of compensations, the participants were assured that representatives of Zhambyl Oblast Roads Department would assist them during this process. Participants were informed to approach Zhambyl Oblast Roads Department in Taraz if in doubt. It was also explained that costs related to re-registration of their remaining lands will be shouldered by the government.
83. For the Kordai section, the DP consultation was held on March 30, 2010. Representatives from the Zhambyl Oblast Roads Department (Deputy Director Zhambyl, Principal Specialist) the Director of the Independent Appraisal Company ―DalerServiceCenter‖ LLP and 11 DPs/stakeholders came to the consultation. In that meeting detailed discussions were carried out related to entitlements, grievance procedures, compensation payments, and other relevant issues. Brochures (written in Kazakh and Russian) on DP rights and other basic information on compensation were distributed during the consultation.
84 From September 2009 to July 2010, a team headed by one of the Deputy Directors from the Zhambyl Roads Department visited DPs in their homes to further explain the DPs entitlements, valuation procedures/requirements, discuss DPs concerns and queries, and collect DP applications for valuation. The same team presented and discussed with the DPs the results of the individual valuation and facilitated the signing of agreements. Representatives from the licensed valuator also went to the village for DP consultation. In August 2010, the Zhambyl Oblast Roads Department engaged the services of a law firm to conduct follow-up visits to DPs and facilitate the preparation and collection of the required documents/agreements to enable the processing of compensation. A sample agreement and valuation report is shown in Appendix C.
Table 6.1 Summary data of consultations
Date Location Participants August-November Offices of the Akimat of T. Ryskulov and Representatives from the Akimat, 2008 Kordai regions / on-siteoffices Design Firms, Zhambyl Land Resource Mgmt Agency, and individual APs met at the site 12January 2009 ConferenceHall, akimat of Kordai region, Representatives from Zhambyl Kordai Road Dept, Design Firm and 20 APs/stakeholders 13 January 2009 Conference hall, akimat of Ryskulov region, Representatives from Zhambyl Kulan Road Dept, Design Firm, Akimat and 38 APs/ stakeholders 21 May 2009 Conferencehall, akimatofRyskulovregion, Representatives from Zhambyl Kulan Road Dept, design firm, Akimat and 30 APs/ stakeholders 30 March 2010 Kordai Region, Kordai, Tole Bi Street, 106 Deputy Director Zhambyl, Principal Specialist of Zhambyl Department of Road Committee, Director, Independent Appraisal Company ―DalerServiceCenter‖ LLP and 11 APs/stakeholders
30
6.2 Disclosure of information
85. A summary of the Land Acquisition and Resettlement Plan (LARP) (translated in Kazakh and Russian) will be distributed among the DPs to provide additional information on the implementation arrangement, payment schedule, assistance to specific groups and complaints resolution options. A separate brochure will also be distributed for contractors and landowners regarding temporary use of land for burrow pits, staging areas, labor camps, and the like.
86. The full-LARP document will be translated into Russian and Kazakh languages and disclosed on the MOTC-Project website, the website of the Committee for Roads and the Zhambyl Roads Department upon approval by both ADB and MOTC. Copies will also be distributed to the raion akimats of Turar Ryskulov and Kordai raions during site visits by the Zhambyl Oblast RD staff. The updated LARP in English will likewise be submitted for uploading to the ADB website.
31 Chapter 7 Grievance Redress Participation
87. Complaints consideration procedures for the project aim to provide an effective and systematic mechanism for the project in responding to queries, feedbacks and complaints from DPs, other key stakeholders and the general public.
7.1 Grievance Focal Points, Complaints Reporting, Recording and Monitoring
88. Complaints can be received through the staff of the akimats of Ryskulov or Kordai raions, the Zhambyl Oblast Roads Department or the Project Management Consultants. Staff have been designated at these levels to receive, help resolve, report or forward complaints received from DPs and the general public. The following are the Grievance Focal Points (GFPs) designated for the project:
a. Mr. Aliakhmetov Toishibai Zhanadilovich, Deputy Director ZhambylOblast Roads Department, 1a Tauke Khan Street, Taraz City Telephone Nos: 8 (7262) 31-6006 / 8 (7262) 31-6004
b. Mr. Shukeev Muratkhan Zhunusalievich Deputy Akim of Ryskulov raion Tel.: 8 (726 31) 2 19 41 / 8 701 400 5172
c. Mr. Sanijazov Bolat Kaniuly Deputy Akim of Kordai raion tel.: 8 (726 36) 2 11 88
89. At the raion level, the deputy akims will be supported by the Land Allocation Unit and Legal Staff of the akimat. DPs or other concerned individuals may visit, call or send a letter or fax to any of the designated officials to register their comments or complaints related to land acquisition or other aspects of the project.
90. The raion akimats and the Zhambyl Oblast Roads Department will be required to maintain a record-book to register the complaints, keep track of their status and report monthly to the CoR. Reports and complaints resolution will be subject to follow-up by the external monitoring/evaluation team, and by CoR. The existing Grievance Focal Point at the PMC-ADB will also be tasked to regularly coordinate with the Zhambyl Roads Department and akimats of Ryskulov and Kordai raions to track complaints received, actions taken and status of resolution. Complaint forms will be distributed to the heads of local self governments, the akimats and the Zhambyl Oblast Roads Department to facilitate recording of complaints.
91. The reports and the process of dispute resolution will be observed/monitored by the External Resettlement Monitoring Agency to be engaged by PMC. Moreover, the Deputy Director of Zhambyl Oblast Road Department has been assigned to monitor the resettlement implementation activities.
7.2 Disputes Resolution Process
92. Information about the land acquisition and other aspects of the project will also be provided to the heads of the local self-governments/rural settlements. Hence, DPs may also opt to initially course their complaints or queries through the heads of the rural settlements.
32 93. In case the head of the rural settlement cannot resolve or clarify the issue at their level within one week, he can forward the case to the Grievance Focal Point at the raion akimat. If the issue cannot be resolved in two weeks, the akimat will pass the complaint to the Grievance Focal Point at the Zhambyl Oblast Roads Department.
94. Issues requiring attention or action from the CoR will be forwarded by the Zhambyl Oblast Roads Department to CoR in Astana. If the case remains unresolved a complaint can be lodged to the court.
95. Alternatively, people with concerns about the project may contact the PMC-ADB. The PMC has a designated staff (Grievance Focal Point) who is tasked to receive, follow-up and report on a monthly basis all complaints, disputes or questions received about the project.
96. The following standards will be used in responding to or referring complaints received by the project:
LEVELS/STAGES RESPONSIBILITY STEPS IN COMPLAINT HANDLING Village-level Head of Local Self Registers the complaint and attempts to solve it. If Government complaint is not resolved in one week, it is passed to the regional Akimat for resolution.
Regional-level Vice Akim, Receives the complaint, registers it and attempts to Appointive official resolve it. If there is no resolution in 2 weeks, it is passed to the Zhambyl Roads Department
Zhambyl Road Deputy Director, Receives the complaint and attempts to resolve it. If department Zhambyl Oblast Roads there is no resolution within 2 weeks, it will be passed to Department the appointed official at the Committee of Roads RK
Committee of Appointive Official/ Receives the complaint and coordinate with the Roads/PMC Grievance Focal Point concerned units or agencies to find timely solution. If there is no resolution within 2 weeks, the case will be presented to a Kazakh court and resolved according to Kazakh’s legislation.
Court Oblast court Hears the case and renders decision.
7.3 Disclosure of the Grievance Process
97. The complaints resolution process for this LARP will be disseminated through information brochures and posted to the offices of the rural village heads, the regional akimats and to the Zhambyl Roads Department Office.
33 Chapter 8 Institutional Framework
98. The timely and effective implementation of the LARP will require the involvement of several agencies and units. This chapter describes the roles of these units.
8.1 Committee of Roads
99. The Committee of Roads (CoR) of the Republic of Kazakhstan, through its Project Director has overall responsibility for LAR preparation, implementation and financing, with the assistance of the Project Management Consultant-ADB (PMC) and the Construction Supervision Consultant (CSC).
8.2 Zhambyl Oblast Roads Department
100. However, day-to-day implementation of LAR activities will be the responsibility of the Zhambyl Oblast Roads Department. A special unit within the Zhambyl Oblast RD(Unit for Socioeconomic and Legal Concerns) will implement the LARP for this project, with support from the other existing units of the Road Department. This unit reports to the Deputy Director of Zhambyl Oblast Roads Department. It is tasked to:
Develop/update a database of DPs based on the results of the census and new information; Prepare documents for negotiation of compensation with the DPs; Coordinate regularly with relevant State Agencies at the Oblast (e.g. Land Resource Agency, Justice Department), and regional Akimats; Prepare documents for formalizing agreements with DPs and processing of compensation payments; Conduct regular consultations and exchange of information with DPs on the implementation of the LARP; Assist in receiving, recording, resolving and reporting of complaints related to land acquisition process and other aspects of the Subproject and coordinate with officials at the raion akimats, the Construction Supervision Consultants and the PMC regarding complaints received; Assist in facilitating discussions and agreements among DPs and other adjacent land users for land swapping and land reconsolidation; Assist DPs who may wish to reclassify the remaining portion of their plots that are no longer viable for continued agricultural activities to non-agricultural use; Facilitate the conduct of field surveys, and re-registration of the remaining portions of the DPs lands; Monitor/supervise the temporary land acquisitions done by contractors engaged for the Subproject; Prepare regular reports on the progress of LARP-related activities; and, Provide necessary data to the External Monitoring Agency.
8.3 Akimats (District Local Governments) of T. Ryskulov and Kordai raions
101. Although the Zhambyl Oblast RD will take the central role in implementing the LARP, the akimats of T. Ryskulov and Kordai regions will continue to play important roles in resolution of disputes and in the provision of replacement land for DPs who may opt for a land-for-land compensation. The raion akimats will also tap leaders of village/rural settlements for information dissemination, and complaints consideration.
34 8.4 Project Management Consultants-ADB
102 At the Project Management level, the PMC-ADB Unit will assist the Project Director in the overall responsibility for implementing, supervising, and evaluating LAR activities. PMC-ADB will: Ensure complete relocation or reconstruction of affected structures/businesses before civil works start, and paying appropriate compensation before displacing DP; Ensure that contractors take full responsibility in complying with LARF requirements for temporary land acquisition; Implement immediate remedial for any non-compliance with the LARP; and, Facilitate the engagement of the External Monitoring Agency and supervise their work.
8.5 Construction Supervision Consultant
103. A Construction Supervision Consultant (CSC) will assist the PMC-ADB in monitoring and evaluating the progress of LARP implementation. CSC will: Update the LARP to reflect (i) the adjustments in the valuation of affected assets and affected businesses, (ii) agreements with DPs on availment of alternative leases and/or land swapping, and (iii) modifications in the official compensation rates (if any); Monitor implementation progress 10 of LARP activities and prepare internal resettlement monitoring reports(including both permanent and temporary land acquisition) indicating bottlenecks (if any), and identifying items for management action; Guide and monitor contractors’ compliance with stipulated measures to mitigate, enhance or compensate for environmental and social impacts related to the implementation of the project; Advise the Economic and Legal Concerns unit in conducting LARP activities, as well as, in the identification, facilitation, resolution, documentation and reporting of grievance from communities, groups or individuals related to the implementation of the project;
8.6 External Monitoring Agency/Third Party Validator
104. An External Monitoring Agency/Third Party Validator (EMA/TPV) will be engaged under the PMC-ADB contract to provide an independent assessment of the implementation of land acquisition and resettlement activities for the project. Specific role of the EMA/TPV for this road section is described in Chapter 10 on Monitoring and Evaluation.
10 The first quarterly monitoring report to be submitted by the Construction Supervision Consultant will have major focus on the status of implementation of the LARP.
35 Figure 1 LARP Implementation Arrangement
Project Director (Committee of Roads)
Committee of Roads Support Unit Project Mgmt Consultant-ADB (including Specialist on Internal Resettlement Monitoring)
External Resettlement Zhambyl Monitoring Agency Oblast Land Zhambyl Oblast Regional Resources Director Agency (Roads Department) Construction Supervision Consultant Zhambyl Oblast RD Deputy Director Zhambyl Oblast Justice Deputy Akim Dept Zhambyl Oblast RD (focal point for the Raion Akimat) Economic and Legal Concerns Unit
Legal Unit Land Allocation unit
Displaced Persons/Entities Heads of Rural Settlements
36 Chapter 9 Resettlement Budget and Financing
105. The Committee of Roads (CoR) is responsible for all land acquisition costs associated with the implementation of the LARP. An indicative budget regarding compensation cost of the DPs has been outlined below. This compensation cost has been calculated based on the official valuation reports conducted by the licensed evaluators engaged by the Department of Roads. The current estimated budget is stated below in Table 9.1.The total cost has been estimated approximately KZT 254 133 819 for all LARP implementation activities including contingency cost.
Table 9.1 Land acquisition and resettlement budget
Particulars/Items Number of HHs Quantity Estimated Budget & LEs (KZT) 1 Compensation for land a. privately owned 5 HHs & 2 LEs 3,139 га 42,359,320 b. leased 94 HHs and 7 526.95 ha. 11,090,779 LEs 2 Compensation for 94 HHs and 7 526.95 ha. 32,833,108 crops and perennials LEs 3 Compensation for 1 HHs & 1 LE 471.75sqm 30,059,000 structures 4 Severe impact cash 7 HHs 16.70 ha. 4,903,063 allowance (losing more than 10% of productive agricultural land) 5 One-time cash 95 farms that Varied 1,543,322 allowance for labor employ maintenance agriculture workers 6 Compensation for 3 HHs Varied 1,785,813 early credit payment 7 Compensation for plot 15 HHs Varied 4,627,660 development expenses 8 Compensation for 5HHs and 2 LEs Varied 8,798,800 potential business profit losses 9 Archeological Still not 50 000 000 research/cultural identified monuments preservation (lot 2) 10 Burial place transfer 3 of different 20 000 000 size 11 LAR Administration/ 8 029 880 Implementation including internal monitoring by CR/PMC 37 12 External Monitoring 15,000,000 13 Total 231,030,745 Contingencies (10%) 23 103 074 Total + Contingencies 254,133,819
38
Chapter 10 Implementation Schedule
106 Civil works for Tranche 3 is expected to commence in August 2011. Related to this, the LARP needs to be fully implemented and evaluated not later than May 2011. Compensation payments are expected to take one month once the land acquisition documents (i.e. valuation reports, signed agreements with DPs) have been completed. However, provision of the alternative land lease will take a much longer period. Table 10.1 shows the activities involved in the LARP preparation, finalization and implementation and the agencies/units involved.
39
Table 10.1 Activities/Milestones and Agencies/Units Involved
Milestones/Activities Agency/Unit 2010 2011 Involved Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Ap May Jun Jul Aug Sep A. draft LARP Preparation A1.Detailed Zhambyl RD/ surveys/consultation PMC-ADB A2. resolution, official Raionakimat/ notification and valuation licensed valuator A3.first draft LARP PMC-ADB preparation A4.first draft LARP Review ADB-RSES A5. revision/gap filling Zhambyl RD/ PMC-ADB A6.draft LARP approval / ADB/MOTC Disclosure Milestone 1: Loan Signing
B. LARP Update. B1. completion of remaining valuation activities B2. finalization of agreement for provision of replacement site and provision of agricultural subsidies for livelihood restoration B3 . Preparation of updated LARP
B4. Review/approval of
40 updated LARP and issuance of no-objection to contract awards Milestone 2: Contract awards Signing C. LARP implementation C1 Processing of compensation payments C2 EMA mobilization/Action plan preparation C3 Expropriation proceedings, in case of disputes C4 issuance of new State Acts for remaining plots and for replacement plot C5 Monitoring C6 Preparation of compliance report C7 Review of compliance report and issuance of No- objection for civil works Milestone 3 no objection to start of civil works from ADB
Start of civil works
* Restoration of temporarily acquired lands will be done at the end of the rental period. Cash compensation will be completed by December 2011.
41 Chapter 11 Monitoring and Evaluation
107. The LARP implementation will be subject to both internal and external monitoring. Results of these monitoring will be used as based for the issuance of notice-to-proceed (NTP) to contractors. Expenditures for monitoring and evaluation will be incorporated into the project budget.
11.1 Internal Monitoring
108. The Committee of Roads already have a Specialist for internal monitoring of resettlement who will be supported by the PMC-ADB to develop detailed plans and indicators for monitoring.
109. The Construction Supervision Consultant (CSC) will monitor the progress for implementing the LARP, and submit an internal resettlement monitoring to CoR and ADB, which includes monitoring indicators. The CSC report will be reviewed by the External Resettlement Monitoring Agency/Third Party Validator (EMA/TPV). A general system of monitoring indicators is shown in Table 11.1 below.
Table11.1 LARP internal monitoring and evaluation matrix
Purpose Activities Monitoring Indicators Identification of Checking the list of compensation recipients Number of persons in the list of compensation against eligibility criteria for compensations compensation recipients, who do not recipients meet eligibility criteria (mistaken inclusion) Identification of persons, who may claim Number of persons who meet the eligibility to compensation, but are not included criteria, but are not included in the list in the lists of compensation recipients. of compensation recipients (mistaken Separate check should be performed on each exclusion) type of compensation Confirmation of temporarily or permanently Area of land subjected to temporary affected areas against the LARP acquisition, for which compensations Controlling types of have been paid compensation Area of land subjected to permanent acquisition, to which compensations have been paid Number of persons who received compensation in time and in full Examination of financial documents amount, disaggregated by compensation types Number of persons who did not Identification and analysis of reasons for receive compensation in time and in compensations not being paid in full amount full amount, disaggregated by Controlling and in time. compensation types. compensation Amount of funding allocated for payment of compensations. Identification of reasons for which funds for Rate of spending of funds allocated compensations have been under/overspent for compensations, % of amount envisaged in the LARP Additional Number of persons on whose plots compensation temporary acquisition needs to be Monitoring time limits of temporary land extended acquisition Area on which construction works will be continued after the established deadline.
42 Purpose Activities Monitoring Indicators Household impact Follow up socio-economic survey of displaced Changes in household (income households (3 months after implementation of income/livelihood restoration) LARP) Determining the level of involvement and Number of compensation recipients identification of reasons of inadequate who participated in consultations and Consultation and participation coordination meetings at each stage participation of land acquisition Analysis of disputes and complaints content. Number of complaints Resolution of conflicts Number of complaints resolved
11.2 External Monitoring/Third Party Validation
110. The Committee of Roads through the PMC-ADB will engage an External Monitoring Agency/Third Party Validator (EMA/TPV). The EMA/TPV will be required to prepare an inception report at the start of the LARP implementation and a due diligence/compliance report once the LARP activities have been fully implemented. The EMA/TPV will determine whether (i) the provisions in the resettlement plan have been observed during its implementation, (ii) whether the sources of income of the individuals, whose interests have been affected, were restored, and (iii) whether there occurred any unplanned or unexpected consequences of the resettlement.
111 The main duties of the EMA/TPV will be the following: Recommend on the organization and implementation of internal monitoring of resettlement, including a system of monitoring indicators, timelines and procedures, reporting forms, etc; Analyze and prepare recommendations on the preliminary list of persons who incur damages and may be eligible to compensation; Analyze the payment of compensations, procedures for approving payment of compensations and recommend on their compliance with the ADB resettlement policy; Participate (as an observer) in consultation meetings on land acquisition; Validate if the compensation made was based on replacement cost and meaningful consultation with DPs. Monitor the timely allocation of funds for compensation and recommend on required adjustment measures, if needed; Monitor the acquisition timelines and terms of temporary land acquisition and recommend adjustments, if needed; Conduct surveys with displaced persons who incurred damages resulting from construction works under the project in order to identify the level of satisfaction with the types and amount of compensation
43
APPENDIX A
CENSUS AND SOCIOECONOMIC SURVEY QUESTIONNAIRES
44 Zhambyl Oblast Committee on Road Ministry for Transport and Communications
Western Europe to Western China (WE-WC) Corridor Development Project Bypass of Kordai pass and Kordai- Approach to border of Kyrgyzstan section CENSUS OF AFFECTED LAND USERS
1. Full name ______2. Sex Male______Female______3. Address ______4. Year of birth ______5. Nationality ______6. Members of the household
Full name Relation Age Sex Marital status Education Occupation Any to disabilities household Yes/No head (husband, wife, son, daughter etc.) 1 2 3 4 5 6 7 8 9 10 11
7. What are potential impacts on your household due to the road development project? (Mark with Х)
Description of Impact Temporary Permanent
Loss of some portion of lands (agricultural, commercial, residential)
Loss of structure (house, shop-house, secondary structures etc.)
Loss of business, livelihood or income
Loss of grains, vegetable crops or trees
8. What are your rights to the land? a) Lease for 49 years b) Lease for ____years c) Private land ownership d) Common land ownership
9. Years you use this land? ______
45 10. If you lease the land from a private person, provide the following information on the owner of the land? Owner’s full name______Address______Phone number______
11. Did you have any expenditure for land improvement during the last 3 years?
Yes No A Fertilizers B Irrigation system C Bank loan D Seeds E Access roads on the land plot subject to acquisition F Fuels and lubricants
12. Do you think that after acquisition of a portion of your land you will be able to continue with your former activities, namely:
Agricultural activities 1. Yes 2. No, but has alternative 3. No, and has no alternative land to continue land agricultural activity
Trading, Business 1. Yes 2. No, but has alternative 3. No, and has no alternative land to continue trading or land business activity
Residential life 1. Yes 2. No, but has alternative 3. No, and has no alternative land to reside land
13. If you have alternative land to continue with agricultural activity, trading or to reside, where is this land situated?______
14. If the remaining land is not sufficient to continue with agricultural activity or trading, would you like to obtain alternativeland plot instead of cash compensation? Yes No
15. What would you like to get as compensation for your land? 1. Cash compensation 2. Land for land 3. Other compensation (specify)
16. (For business owners only)
Type of business Is it basic or non-operating Monthly income from this Amount of lost income activity? activity, in KZT
17. Only for persons engaged in trading, commerce or service
When did you start the mentioned Do you have an official permit to carry Authority that issued a trading permit activity in this location? (year) out this activity? (underline) Yes No
46 18. Do you employ or hire workers to help you on the land plot that would be affected due to road improvement?
1. Yes (permanent or seasonal?) 2. No
19. If you have permanent hired workers, please fill in the table below: Item Work being done by hired worker Age Sex Education Worker’s monthly No. income 1 2 3 4 5
20. Main crops and trees cultivated on the land subject to acquisition for public needs Grains Area Area that will be Year of Total area (ha) Area subject to Price per 1 Total acquired sowing acquisition (ha) metric cost of centner the (100 kg), in harvest KZT lost
21. Structures on the land that will be affected due to road improvement Type of building, structure Area (sq. m) Cost (in KZT)
22. Information on basic premises (house, shop, building) that will be affected due to construction Building Materials Number of Number of Has electricity? Has Has pipe- Year built storeys rooms telephone borne facility? water?
23. For persons whose structures will be affected:
а) Did you obtain any credit to build this/these structure/structures? 1.Yes 2. No b) If yes, please specify your source(s) of credit for building the structure? 1. Bank 4. Money lender 2. NGO 5. Relatives/Friends 3. Cooperative Society 6. Other (specify)
47 24. Information from renters of affected structures:
a) Monthly rent ______KZT b) Number of years you have been renting the affected structure______years c) Until when do you intend to rent the structure:
1. Less than 6 months 3. More than 1 year 2. 6 to12 months 4. Indefinitely
d) Do you know of an alternative place to rent? 1. Yes 2. No
e) If no, will you need assistance in finding another place to rent? 1. Yes 2. No 25. In case you need to relocate your business as a result of road improvement, what would you prefer?
1. Self relocate to another site 2. Relocate in a site to be identified and provided by local authority (Akimat) 3. Undecided / Don’t know
26. What opportunities and livelihood assistance do you expect from the road improvement to help restore your livelihood? 1. Employment from road construction 2. Skill training (specify kind of training) 3. Micro-finance/soft loan (specify business) 4. Others (specify) 5. Don’t expect anything
27. Are you a member of any local/community organization?
1. Yes (Please indicate name of organization)______2. No
28. What portion of your income (in KZT) you will lose due to land acquisition for road construction?
29. What impact will the road improvement have on your household?
1. Positive 2. Negative 3. Neither positive, nor negative 4. Undecided / Don’t know
30. What do you think are the advantages that you and your family would get due to construction of the road?
31. What are your suggestions to minimize the losses or adverse impacts due to construction of the road?
Thank you !
48 Zhambyl Oblast Committee on Roads Ministry for Transport and Communications Western Europe to Western China (WE-WC) Corridor Development Project Bypass of Kordai pass and Kordai- Approach to boarder of Kyrgyzstan section Tranche-3
SOCIO-ECONOMIC SURVEY OF AFFECTED LAND USERS
1. Full name of household head______2. Sex Male______Female______3. District______4. Address______
5. Land and asset ownership
a) Total Land area, ha______b) Area of cultivated land, ha______c) Area of uncultivated land, ha______d) Crops being cultivated______e) Yield______
6. Land type a) Irrigated arable land b) Non-irrigated arable land c) Garden d) Pasture e) Fallow land f) Commercial land g) Residential lands h) Other
7. Information on the structures that belong to the household head (including those outside the road corridor and in other locations)
Type of Materials Number of Number of Has electricity? Has Has pipe- Year built structure (bricks, clay, storeys rooms telephone borne wood) facility? water?
8. Other assets owned by your family Asset Quantity Livestock Agricultural equipment Tractor Lorry Car Well Trading and Business
9. Family members who generate income (specify all of them including pensioners) Member’s name (father, mother, son, daughter etc.) Income source (salary, pension, Monthly income, in KZT profit)
49
10. Information on family expenditure (Monthly): Item of Expenditure Amount in KZT Food Clothing Coal Gas Electricity Water Dwelling house and other accommodation Gasoline, fuel Medical/health Education Household utensils Telephone Transport expenses Payment of loan/credit Maintenance cost of household structures and equipment Smoking Alcohol Entertainment Other (if any)
TOTAL
11. Information on family income (2009average) Source of Income Amount in KZT Agriculture Livestock Salary Allowance Pension Rent of land or real assets Trade/Business Household products Renting heavy vehicles (bus, lorry, tractor) Renting light vehicles (car, van) Interest (bank deposit, money lending) Gardening Other (specify)
TOTAL
12. Please indicate your family borrowings during 2009 S Name of borrowing family Name of source Amount Amount returned, Balance, No member (institution or private taken, KZT KZT KZT person) 1 2 3 4 5 TOTAL
13. What illness did you and your family members experience during the last 12 months?
50 14. Did you and your family members apply for medical service to a hospital, out-patients' clinic or maternity hospital during the last 12 months?
Family member Illness Medical institutions you applied to
15. Are there members of your family who work in locations outside the raion (district)? 1. Yes 2. No
If “Yes”, please fill in the following:
Name Type of work Location of work (Zhambyl Frequency and Monthly income of this (agriculture, industry, Oblast, Almaty, Astana, other duration of work (shift member, in KZT construction, trade and regions in Kazakhstan, CIS, team, permanent, business, other.) foreign countries (specify years?) where)
(Question for women – heads of households or family members of the person filling the Questionnaire)
16. Do you think that women in your area have sufficient opportunities to participate in decision making in:
Yes No Limited Land use Bank credits Household development Land selling or renting Temporary workers hiring Harvest selling Household income distribution Purchasing agricultural equipment, seeds, livestock, fertilizers Other (specify)
17. (For respondents who think that there are no or limited opportunities for women) What do you think are the possible reasons why there are limited opportunities for women to participate in decision making in their family and society? ______
18. What can be done to improve women’s life in your region? ______
19. Should the women receive any supplemental assistance related to land acquisition for road construction? 1. Yes (Please specify) ______2. No 3. Don’t know
THANK YOU
51
Appendix B: List of Heads of Displaced Households and Legal Entities
Road Name of HH / Legal Entity HH LE Tenure Type of Land crop Cadastral number Total Area land Section of Plot area to be acquired Km162-260 1. KaketaiZhumakan 1 lease agricultural hay 06-090-055-091, 1,194.74 4.06 (49 yrs) 055-092 Km162-260 2. KossakovKerimkul 1 lease agricultural 110.00 6.86 (49 yrs) Km162-260 3. KambarbayevKasymkul 1 lease agricultural hay 06-090-055-069 489.92 6.86 (49 yrs) Km162-260 4. UskenbiyevKurmanzhan 1 lease agricultural hay 06-090-055-254 344.80 3.46 (49 yrs) Km162-260 5. OskenbayevTolegen 1 lease agricultural lucerne & 06-090-055-086, 333.50 3.99 (49 yrs) wheat 055-087 Km162-260 6. ZharbolovYerlanZhaksylykovich 1 lease agricultural hay 06-090-055- 1,435.70 15.07 (49 yrs) 060/061 Km162-260 7. ErmekKadyrbek 1 lease agricultural hay 06-090-055-061 2,727.00 13.23 (49 yrs) Km162-260 8. DuysenbayevGalymbek 1 lease agricultural hay 06-090-055-170 5.00 0.41 (49 yrs) Km162-260 9. ZhilkibayevSayat 1 lease agricultural hay 06-090-055-047 1,355.60 25.01 (49 yrs) Km162-260 10. OtebayevBeibit 1 lease agricultural hay and 06-090-055- 217.10 9.38 (49 yrs) wheat 053/120 Km162-260 11. MusakhanovTursynbay 1 lease agricultural hay 06-090-055-047 117.75 3.32 (49 yrs) Km162-260 12. Pvtentr. Dzholdasbayev Marat 1 privately Agricultural other 0.53 0.28 owned Km162-260 12. Pvtentr. Dzholdasbayev Marat 1 privately commercial shop 0.03 0.03 owned Km162-260 13. Nur-4 LLP 1 privately commercial 1.00 1.00 owned Km162-260 14. TleuberdiyevKenzhebayMurataliyevich 1 lease agricultural hay 06-090-035-306 600.00 7.91 (49 yrs)
52 Road Name of HH / Legal Entity HH LE Tenure Type of Land crop Cadastral number Total Area land Section of Plot area to be acquired Km162-260 15. AbdyhodzhaevSatylgan 1 lease agricultural hay 06-090-035-281 868.20 22.05 (49 yrs) Km162-260 16. UsenbayevSerikkul 1 lease agricultural hay and 06-090-035-101 364.30 10.87 (49 yrs) barley Km162-260 17. KozhakhmetovMiyatkan 1 lease agricultural hay 06-090-035-153 748.00 6.84 (49 yrs) Km162-260 18. AldayevMerkibekKaynazarovich 1 lease agricultural hay and 06-090-035-040 2,032.98 14.60 (49 yrs) barley Km162-260 19. KalygulovTursun 1 lease agricultural Perennial 06-090-107-012 100.00 3.30 (49 yrs) grass Km162-260 20. AlimkozhaevaMaikul 1 lease agricultural hay 06-090-035-144 218.00 3.74 (49 yrs) Km162-260 21. SmailovAskarZhumadilovich 1 lease agricultural hay 06-090-035-035 629.20 15.62 (49 yrs) Km162-260 22. OmarovaKuliman 1 lease agricultural hay 06-090-035-146 208.00 3.55 (49 yrs) Km162-260 23. MakulbayevMeyrambek 1 lease agricultural hay 06-090-035-213 1,480.00 27.96 (49 yrs) Km162-260 24. YeshiganovZhumabekAshkenovich 1 lease agricultural hay 06-090-035-212 1,000.00 12.98 (49 yrs) Km162-260 25. OngeldiyevaLyazzatDyusenovna 1 lease agricultural hay 06-090-030-200/ 350.11 7.00 (49 yrs) 035-207 Km162-260 26. BaytoleBolatbekBaykonysuly 1 lease agricultural hay 06-090-035-179 802.42 19.07 (49 yrs) Km162-260 27. MukashevAmirkhan 1 lease agricultural Wheat 06-090-023-288 68.78 2.95 (49 yrs) Km162-260 27. MukashevAmirkhan lease agricultural Perennial 06-090-023-090 518.30 9.00 (49 yrs) grass Km162-260 28. DanyshpanovMyrzagali 1 lease agricultural Wheat 06-090-023-066 39.00 1.52 (49 yrs) Km162-260 29. AbdrahmanovBaktybayAbdigaliyevich 1 lease agricultural Barley 06-090-023-243 14.72 1.21 (49 yrs) Km162-260 30. RakhimbayevSerikTolenovich 1 lease agricultural Barley 06-090-023-248 41.04 3.53 (49 yrs) Km162-260 31. UnurbekovKazakbay 1 lease agricultural Wheat 06-090-023-252 18.81 1.81 (49 yrs)
53 Road Name of HH / Legal Entity HH LE Tenure Type of Land crop Cadastral number Total Area land Section of Plot area to be acquired Km162-260 32. BazhanovBazakbayTurabayevich 1 lease agricultural Barley 06-090-023-277 8.36 0.77 (49 yrs) Km162-260 33. LLP 1 lease agricultural Perennial 06-090-023-170 89.00 0.50 KakpatasKordayKoshaliyevDuysehan (49 yrs) grass Km162-260 34. LLP Sarybulak 1 2 leases agricultural Wheat and 046-017, 046-044 3,331.28 54.85 (49 yrs) perennial and 5 grass leased (5 yrs) Km162-260 35. SatovNurlanSatybaldiyevich 1 lease agricultural Barley 06-090-025-144 39.00 9.41 (49 yrs) Km162-260 36. LyapinNikolayAlekseyevich 1 lease agricultural Barley 06-090-025-051 30.24 4.85 (49 yrs) Km162-260 37. KoshaliyevSovet 1 lease agricultural onion 06-090-025-149 16.47 0.67 (49 yrs) Km162-260 38. ScherbaArsman 1 lease agricultural lucerne 06-090-025-136 16.26 0.05 (49 yrs) Km162-260 39. KuturovKerim 1 lease agricultural corn 06-090-025-130 77.85 2.59 (49 yrs) Km162-260 40. AbusatovSerik 1 lease agricultural lucerne 06-090-025-088 18.50 2.96 (49 yrs) Km162-260 41. BaktayevBolatbekUslanbekovich 1 lease agricultural lucerne 046-017, 046-044 8.60 5.11 (49 yrs) Km162-260 42. DagylovMuhatAytzhanuly 1 lease agricultural lucerne 06-090-020-009 107.00 4.87 (49 yrs) Km162-260 43. VarshakidzeHalis 1 lease agricultural lucerne 06-090-025-136 134.00 11.58 (49 yrs) Km162-260 44. BazhanovZhaksibai 1 Private Commercial Café 06-090-020-124 0.16 0.16 Km162-260 44. BazhanovZhaksibai 1 private Commercial Café 0.069
Km162-260 45. TukhievTemur (Akimat to be provide 1 lease agricultural tbd N14406 0.62 0.53 a land plot instead of withdrawn land) (49 yrs) TOTAL 42 3 22,311.84 367.399
54 Road Name of HH / Legal Entity HH LE Tenure Type of Land crop Cadastral number Total Area land Section of Plot area to be acquired App to 1. Gasanova M. 1 lease agricultural Grain crops 046-024 112.00 0.44 Kyrgyz (49 yrs) App to 2. SyrlybayevBalgabayZhaksymbetovich 1 lease agricultural wheat 046-025 50.00 1.74 Kyrgyz (49 yrs) App to 3. MasaitovaZulfiyaYuldashevna 1 lease agricultural Perennial 046-090-107-012 80.00 3.30 Kyrgyz (49 yrs) grass App to 4. MuzdybayevaAynakul 1 lease agricultural wheat 046-038 5.00 0.14 Kyrgyz (49 yrs) App to 4. MuzdybayevaAynakul lease agricultural wheat 046-051 304.00 5.16 Kyrgyz (49 yrs) App to 5. Riskeldiyeva A. 1 lease agricultural tbd 61.35 1.65 Kyrgyz (49 yrs) App to 6. Kenzhebayev E. 1 lease agricultural tbd 65.00 1.62 Kyrgyz (49 yrs) App to 7. Churilov Igor Viktorovich 1 lease agricultural wheat 046-030,046-033 117.70 2.65 Kyrgyz (49 yrs) App to 8. JSC AkBulyn 1 lease agricultural wheat 046-017 3,971.00 24.62 Kyrgyz (49 yrs) App to 9. LLP KAZAXIM-Korday 1 lease agricultural wheat and 046-017, 046-044 407.90 4.33 Kyrgyz (49 yrs) barley App to 10. DzhambirbayevRishatKalamovich 1 lease agricultural wheat 070-001 116.00 0.20 Kyrgyz (49 yrs) App to 11. OmurzakovKabilbekNarinbayevich 1 lease agricultural hay 070-137 169.00 0.02 Kyrgyz (49 yrs) App to 12. AytpayevBulatDyusebayevich 1 lease agricultural hay 070-110 194.00 1.66 Kyrgyz (49 yrs) App to 13. UmurzakovTolbay 1 lease agricultural hay 070-169 9.90 0.04 Kyrgyz (49 yrs) App to 14. SeytzhanovaZurashIskakovna 1 lease agricultural Barley 070-361 36.10 0.06 Kyrgyz (49 yrs) TOTAL 12 2 5698.95 47.63
55
Road Name HH LE Tenure Type of Crop Cadastral Total land Area to Section Land number area be acquired (ha)
Km383-404 1. Household Kasymkulova A. 1 lease (49 yrs) agricultural wheat 2-087-077 7.00 1.93 Km383-404 2. Household Koktalov B. A. 1 lease (49 yrs) agricultural barley 087-078 62.00 7.29 Km383-404 2. Household Koktalov B. A. lease (49 yrs) agricultural barley 088-122 40.00 1.70 Km383-404 3. Household Tanekeev M. 1 lease (49 yrs) agricultural wheat 087-073 22.84 2.21 Km383-404 4. Household Savchenko A.P. 1 lease (49 yrs) agricultural barley/ 5-087-129 / 7- 54.90 5.49 perennial 088-139 grass Km383-404 5. Household Savchenko S.P. 1 lease (49 yrs) agricultural barley/ 3-087-190 28.75 1.88 perennial grass 6. Household Chimekeev M. 1 lease (49 yrs) agricultural barley/ 6-h-085-057 / 2- 54.78 4.03 perennial 087-099 grass Km383-404 7. Household Serbayev Y. 1 lease (49 yrs) agricultural wheat 088-181 25.00 2.01 Km383-404 8. Household Demchenko P.V 1 lease (49 yrs) agricultural wheat 088-193/087-245 32.40 2.50 Km383-404 9. Household TukbasovZh. 1 lease (49 yrs) agricultural wheat 087-316 30.38 2.38 Km383-404 10. Household Kuramysov M.S. 1 lease (49 yrs) agricultural wheat 2-087-101 33.40 2.47 Km383-404 11. Household Mukhamedzhanov T.A. 1 lease (49 yrs) agricultural barley 087-367 18.00 1.20 Km383-404 12. Household Meimakhanov M. 1 lease (49 yrs) agricultural barley 087-310 25.00 1.63 Km383-404 13. Household Amreev G.K. 1 lease (49 yrs) agricultural wheat 087- 428 25.00 1.90 Km383-404 14. Household Dauletov K. 1 lease (49 yrs) agricultural barley 3-087-393 27.09 1.96 Km383-404 15. Household Kabylkhanov A. A. 1 lease (10y) agricultural lucerne 087-037 /087- 9.00 1.15 411 Km383-404 16. Household Bigabylov A.P 1 lease (49 yrs) agricultural barley 056-005,056-090 37.70 1.52 Km383-404 17. Household Sagibayev M.D 1 lease (49 yrs) agricultural safflower 8.60 0.47
56 Road Name HH LE Tenure Type of Crop Cadastral Total land Area to Section Land number area be acquired (ha)
Km383-404 18. Household Shaiykhova Z. 1 lease (49 yrs) agricultural barley 64.95 3.73 Km383-404 19. Household Uzakhbayev K. 1 lease (49 yrs) agricultural lucerne 056-081 8.80 0.11 Km383-404 20. Household Ikhiyev A.T 1 lease (49 yrs) agricultural barley 056- 242 136.57 4.16 Km383-404 21. Household Kulmakhambetov K. 1 lease (49 yrs) agricultural wheat 056-077 5.18 0.51 Km383-404 22. Household Beknazarova K. 1 lease (49 yrs) agricultural wheat 10.20 0.88 Km383-404 23. Household Alimova R.K 1 lease (49 yrs) agricultural barley 056-068 14.25 0.52 Km383-404 24. ―Kensay‖ LLP 1 lease (49 yrs) agricultural lucerne/ 056-121,051-355 49.50 1.16 barley Km383-404 25. Household Saitzhanov N. 1 lease (49 yrs) agricultural barley 056-178 12.70 0.24 Km383-404 26. Household Kunbasov O. 1 lease (49 yrs) agricultural barley 056- 066 6.50 0.41 Km383-404 27. Household Tazabekov A.A. 1 lease (49 yrs) agricultural barley hay 056- 019 34.00 3.85 Km383-404 28. ―Abay‖ LLP 1 lease (49 yrs) agricultural wheat 056- 020 22.44 Km383-404 29. Private entrepreneur Zhabykbayeva M. 1 privately owned commercial 0.30 0.08 Km383-404 30. ―Munai-invest‖ LLP 1 privately owned commercial 0.22 0.22 Km383-404 31. Private entrepreneur Kaldybalin N.M 1 privately owned commercial 0.55 0.55 Km383-404 32. Private entrepreneur Shubakbayeva A. 1 privately owned commercial 1.24 0.78 Km383-404 33. Household Kopysov M. 1 lease (10y) agricultural safflower 051-351 101.00 0.89 Km383-404 34. ―Oktyabr-Sharua‖ LLP 1 lease (49 yrs) agricultural 39.00 0.85 Km383-404 35. Household Uskenbayeva A. 1 lease (49 yrs) agricultural 044-182 16.00 0.02 Km383-404 36. Household Sholpankulov T. 1 lease (49 yrs) agricultural barley 051-066 12.00 2.18 Km383-404 37. Household Isayev A. 1 lease (49 yrs) agricultural wheat 051-074 36.00 1.53 Km383-404 38. Household Sarmanbayev T.S. 1 lease (49 yrs) agricultural 14.00 3.54 Km383-404 39. Household Tuganbayev A.M. 1 lease (49 yrs) agricultural barley 051-356 14.00 1.54 Km383-404 40. Household Ibraimov M.M. 1 lease (5 yrs) agricultural wheat 040 - 358 10.03 0.34 Km383-404 41. Household Mamyrbayev S. 1 lease (49 yrs) agricultural perennial 040-171,165,172 201.18 4.53 grass
57 Road Name HH LE Tenure Type of Crop Cadastral Total land Area to Section Land number area be acquired (ha)
Km383-404 42. Household BaiseitovA.Sh. 1 lease (49 yrs) agricultural wheat 040-150 2.00 0.07 Km383-405 42. Household BaiseitovA.Sh. lease (49 yrs) agricultural perennial 040-460 8.08 1.81 grass Km383-404 43. Household Baiyrov R. 1 1 lease (5 yrs) agricultural wheat 040-173/040- 47.50 2.79 and 3 leases 459,040-307 (49 yrs) Km383-404 44. Household Ibraimov S. 1 lease (10 yrs) agricultural wheat 040-183/040-182 142.00 8.43 Km383-404 45. Household Kapalbayev N. 1 lease (49 yrs) agricultural wheat 040-279 12.00 0.91 Km383-404 46. Household Shukirbayev A. 1 lease (49 yrs) agricultural barley 8.00 0.61 Km383-404 47. Household Zhusanbayev G. 1 lease (49 yrs) agricultural wheat 040-260 15.00 1.12 Km383-404 48. Household Tokbayeva A. 1 lease (49 yrs) agricultural wheat 040-394 46.00 0.37
TOTAL 44 4 1,610.59 114.89
58 Appendix B: Table 1 Official valuation of private commercial lands to be acquired
№ Land Owner Purpose of land Land Structure Potential lot Acquired Area Valuation Valuation Business (hectare) (KZT) (KZT) Profit Loss (KZT) I. II. III. IV. V.
Dzhabykbaeva planned construction М. of a hotel, 214,600 greenhouse, 0.08 559,920 - 1 warehouse, residential house, shop and restaurant
―Munai-Invest $ K‖ petrol station (non 2 0.22 3,080,800 12,398,000 214,600 LLP operational) 3 Kaldybalin N.М Planned construction 0.55 3,774,800 - 1,609,200 and maintenance of service center 4 Shubakbaev А. For construction and 0.78 5,459,200 - 2,305,800 maintenance of petrol station and camping
5 Nur-4 LLP Planned construction 1.00 17,372,400 - 3,362,400 of petrol station, hotel and other facilities PE Dzholdasbaev For construction of 0.28 4,777,200 - 919,200 6 Marat roadside service complex Zhaksybai Bozhanov cafe 7 0,16 7,335,000 17,661,000 173,000 cafe 0,069 will be will be will be estimated estimated estimated 15.09.2011 15.09.2011 15.09.2011 Total: 3,139 42,359,320 30,059,000 8,798,800
Source: AS Kami valuation report
59 Appendix B: Table 2 List of severely affected DPs (losing 10% or more of productive agricultural land) Km 162 to 260 Section (Korday) № Name of land user Cadastral number№ and Total Land to be Remaining percent irri- non pere- hay pas Others date of adoption of area in acquired in area in taken gated irrig nnial ture decision hectare hectares hectares s 1 2 3 4 5 6 1 Household SatovNurlan 06-090-025-144 №765 dated 07.02.2007 39.00 9.41 29.59 24.13 1 2 Household 06-090-025-107 (№75 dated BaktayevBolatbek 25.02.2005) 8.60 5.11 3.49 59.42 1 Subtotal (km162-260) 47.60 14.52 33.08 1 1 ------
Km 383-404 section (Ryskulov) № Name of land user Cadastral number№ and Total Land to be Remaining date of adoption of area in acquired in area in non decision hectare hectares hectares percent irriga irriga peren pastu s taken ted ted nial hay re other 1 2 3 4.00 5 6
1 Household №-051-066 (Decision №366 Sholpankulov Т. dated 16.07.1998) 12.00 2.18 9.82 18.17 1 Subtotal (Km 383-404) 12.00 2.18 9.82 0 1 0 0 0 0 Total 666.60 16.70 42.90 1 2 0 0 0 0
60 Appendix B: Table 3 Basic description of the displaced legal entities
# LE and owner’s name Type of Total Acquired Average Shareholders Average Crops Livestock business area area (Ha) month.inc. and workers salary cultivated raised (ha) (KZT) (KZT) Kyrgyzstan border section 1 JSC ―Akbulym‖. Agriculture 11120 24.62 113000 40 shareholders 20000 Hay SyrlybayevBalgabayZhaksymbetovich. activities 32 permanent and seasonal workers (F-18; M- 14) 2 ―Kazexim‖ Agriculture 3100 0.7 20000 40 shareholders Wheat SyrlybayevBalgabayZhaksymbetovich. activities 32 permanent and seasonal workers Korday district 1 ―Sarybulak‖ Agriculture 54.84 5.5 mln 386 (F-83; M- 15000- Wheat, 3000 DoschanovMuslimzhanDairovich activities 303) 30000 barley, sheep corn, 220 cows lucerne 2 ―Nur4‖ 3 ―KakpatasKorday‖ Agriculture 20600 0.5 20000 Seasonal workers Wheat, KoshaliyevDyusehan activities barley, corn, lucerne T.Ryskulov district 1 ―Kensay‖ Agriculture 49.5 1.16 48.34 2 ―Abay‖ Agriculture 22.44 Mechanical 30000 worker (m/ with secondary education) 3 ―Munai Invest‖ 1petrol 0.22 0.22 0 2gas operators 14000 each station / mo
4 ―Oktyabr-Sharua‖ Agriculture 39.00 0.85 38,15
61
APPENDIX C Sample Agreement and Valuation Report
Agreement No. 163 Expenses for construction (compensation of losses while acquiring land for state need for reconstruction of km 162-260 section of “Almaty-Korday-Blagoveshchenka- Merke-Tashkent-Termes” road
Taraz city, 18 May 2010
State enterprise ―Zhambyl oblast Department of Roads Committee, Ministry of Transport and Communications‖ (Client) in the person of Deputy Director Mr. Toyshubay Dzhanadilovich Aliakhmetov who acts in accordance with the Regulations on state enterprise approved by the order of Executive Secretary of the Ministry of Transport and Communications No. 176 dated 10 April 2009 from one side and ―XXXXX‖ farm in the person of XXXXXXX (Land user) who acts in accordance with Certificate of Registration of individual entrepreneur XXXXX No. XXXXX dated 21 January 2003 from the other side, based on the sub-item 36 of item 1, Article 4 of the law ―On public procurement‖ of 21 July 2007, have concluded this agreement on public procurement (Agreement) under sub- program 002 ―Development of roads at the republican level‖, sub-program o16 ―at the expense of co-financing of external loans from the republican budget‖, specification 422 ―Construciton of roads‖ and have agreed to the following.
1. Subject of the agreement. 1.1 Client reimburses losses and Land User receive compensation for the land acquired for state need for the permanent use for reconstruction of km 262-260 section of ―Almaty- Korday-Blagoveshchenka-Merke-Tashkent-Termes‖ road in accordance with the Decree No. 502 dated 30 November 2009 of Akimat of Kordayraion of Zhambyl oblast and calculation of compensation of losses during the land acquisition for state need done by LLP ―Smart expert’s group‖ of 18 May 2010. 2. Compensation cost and calculation 2.1 Land to be acquired: 11.95 ha Cost of compensation will be T 5 502 980 (five million five hundred two thousands nine hundred eighty)
2.2 ). Basis for payment – sub-item 1) Article 165 and item 3 Article 166 of the ―Land Code of the Republic of Kazakhstan‖ dated 20 June 2003; No. 442 and Decree No. 502 dated 30 November 2009 of Akimat of Kordayraion of Zhambyl oblast. 3. Dispute solving order 3.1 All disputes and issues under this Agreement should be solved via negotiation between the sides. 3.2 In case of inability to solve issues and disputes through negotiation, they are to be considered juridically (via court) in accordance with legislation of the Republic of Kazakhstan in place of registration.
4. Other conditions 4.1 Sides have no right to transfer their rights and liabilities under this agreement to other persons without notification in written form to another side
62 4.2 After signing of this agreement, validity of all preliminary negotiations, communications, preliminary agreements and minutes related to this agreement expire . 4.3 During execution of this agreement sides will be guided by the norms and regulations of legislation of Kazakhstan 4.4 After signing of this agreement, sides are committed not to submit counter claims 4.5 If at the fault of Client, the Land User is not paid the amount as per the agreement, in that case Client will pay penalty to Land User in the amount of 0.01% for each delayed day.
5. Validity Date of the Agreement 5.1 Validity date is 31 December 2010 5.2 Deadline for compensation payment is 31 May 2010 5.3 This agreement comes into force after its registration by Client in territorial branch of the Treasury of the Ministry of Finance of Kazakhstan
6. Force majeure 6.1 Sides are exempted from the ….
7. Addresses and details of both sides: Zhambyl oblast Department of Roads and LLP ―Beriktas‖ (Kakpaktas village)
(Signatures and stamp)
63