Land Acquisition and Resettlement Plan Compliance Report
Project Number: 51081-002 May 2021
Kyrgyz Republic: Climate Change and Disaster Resilient Water Resources Sector Project Pravaya Vetka Subproject
Prepared by the State Agency for Water Resources under the Ministry of Agriculture, Forestry and Water Management of the Kyrgyz Republic in consortium Temelsu International Engineering Services and Mott MacDonald Joint Venture for the Asian Development Bank.
This Land Acquisition and Resettlement Plan Compliance Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Table of Contents I INTRODUCTION ...... 1 I.1 Objective and Scope ...... 1
II METHODOLOGY OF THE COMPLIANCE REVIEW ...... 3 II.1 Methods and activities ...... 3
III IMPLEMENTATION MODALITIES ...... 4 III.1 LARP implementation Process ...... 4
III.2 Public consultation and disclosure ...... 8
IV COMPLAINTS AND GRIEVANCES ...... 10 IV.1 Grievances ...... 10
V SATISFACTION SURVEY ...... 12 VI ACHIVEMENTS AND CONCLUSIONS ...... 13 APPENDICES ...... 14
Appendix 1. SAWR LARP Approval Order ...... 15
Appendix 2. Entitlement Matrix of Pravaya Vetka ...... 17
Appendix 3. Official statement of AP#2 on the refusal of financial compensation ...... 18
Appendix 4. Official letter from the director of PIU AP#1 ...... 19
Appendix 5. Agreement with AP#1 ...... 20
Appendix 6. Agreement with AP#2 ...... 26
Appendix 7. Order of the PIU Director to pay AP#1 compensation ...... 32
Appendix 8. Bank payment of compensation AP#1 ...... 34
Appendix 9. The grievance registration form ...... 35
Appendix 10. Order, Protocol on the creation of the LGRG for Pravaya Vetka Subproject .. 37
Appendix 11. Protocol on the establishment of the Pravaya Vetka Subproject’s Coordination Committee (SCC) ...... 41
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List of Figures
Figure 1. Photos of Public Consultation Activities ...... 9
List of Tables
Table 1. Comparison of Key Dates and Activities in the LARP Implementation Process ...... 4 Table 2. The consultation and compensation details ...... 5 Table 3. Comparative of actual compensation payments and LARP as of 10/03/2021 (AP1) 7 Table 4. Complaint Management Matrix ...... 10 Table 5. Level of satisfaction of AP, Kyzyl-October village, as March 2021 ...... 12
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Abbreviations
АА Aiyl Aimak - Rural administrative unit in KR ADB Asian Development Bank AH Project Affected Households AO Aiyl Okmotu - Rural Local Self-Government AP Project Affected Persons CDT Community Development Team DSD The district WUA support department EARF Environmental Assessment and Review and Framework EMP Environmental Management Plan GRM Grievance Redress Mechanism HHs Households IEE Initial Environmental Examination KR Kyrgyz Republic KGS Kyrgyz Som (Currency) LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LFP Local Focal Point LGA Local Government Authority LGRG Local Grievance Redress Group PIC Project Implementation Consultant PIU Project Implementation Unit RVK Rayon (District) Water Department SAWR State Agency for Water Resources under the Ministry of Agriculture, Forestry and Water Management of the Kyrgyz Republic SCC Subproject’s Coordination Committee SPS ADB Safeguards Policy Statement, 2009 WUA Water User’s Association
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I INTRODUCTION
I.1 Objective and Scope
1. This Compliance Report (CR) was prepared in accordance with the requirements of the Asian Development Bank (ADB) Safeguard Policy Statement (ADB SPS 2009, hereinafter SPS) in relation to involuntary land acquisition and resettlement (LAR) during the implementation of the Pravaya Vetka subproject under the sectoral Climate Change and Disaster Resilient Water Resources Sector Project (hereinafter referred to as the Project).
2. Following the principles of the SPS, the Project Implementation Unit (PIU), together with the Project Implementation Consultant (PIC), implemented LAR measures aimed at minimizing or mitigating the negative impact of the Project, as well as ensuring the protection of the rights and interests of persons caught in the Project's impact area - for residents of the village of Kyzyl-Oktyabr, Kenesh Aiyl Aimak (AA)1, Bazar-Korgon district, Jalal-Abad oblast.
3. In accordance with the requirements of SPS, the PIU of the State Agency for Water Resources under the Ministry of Agriculture, Water Management and Regional Development of the Kyrgyz Republic (SAWR) prepared and approved the “Land Acquisition and Resettlement Plan” (LARP)2 (Appendix 1. SAWR LARP Approval Order), which provides for the demolition/cutting down of 62 trees, the movement of 102 linear meters of fencing. In general, the interests of two households, including 8 people, fell under the influence of the Project. The project does not provide for land acquisition, and is classified as category B for involuntary resettlement.
4. The main purpose of the report is the compliance of the implemented package of compensation and rehabilitation measures with the approved LARP.
5. The compliance monitoring of LARP implementation has been carried out by PIU with assistance of PIC and covered the following aspects:
a) Determine whether the LARP implementation schedule is in line with planned activities;
b) Determine whether actual payments are consistent with the LARP approved assistance package;
c) Determination of the degree of satisfaction of the project affected persons (AP) with the provision and disclosure of information on LARP;
1 Aiyl Aimak - Rural administrative unit in KR 2 https://water-climate.kg/wp-content/uploads/2021/04/Land_Acqusition_and_Resettlement_Plan_-_Pravaya_Vetka_RU_c.pdf https://www.adb.org/sites/default/files/project-documents/51081/51081-002-rp-en_0.pdf
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d) Determination of the degree of satisfaction of the AP with the assistance package;
e) Determination of AP's satisfaction with the compensation process and procedure.
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II METHODOLOGY OF THE COMPLIANCE REVIEW
II.1 Methods and activities
6. Assessment based on desk research including LARP, letters, meeting minutes, Project Affected Households (AH) field visit reports, AP consultations, and telephone interviews with AP and Local Focal Point (LFP).
7. A telephone survey was conducted after the end of compensation payments to assess AP's satisfaction with the assistance package and overall LARP implementation. The questions were structured to address the following aspects of AP satisfaction:
a) satisfaction with the LARP disclosure activities;
b) satisfaction with the assistance package and rehabilitation measures;
c) satisfaction with the compensation process;
d) satisfaction with the possibilities for filing complaints and claims.
The results of the assessment are summarized and presented in this CR.
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III IMPLEMENTATION MODALITIES
III.1 LARP implementation Process
8. On 16/11/2020, SAWR approved LARP. The progress of LARP implementation was slightly delayed compared to the original schedule, due to the general situation in the country associated with the pandemic and, in particular, the solution of organizational issues related to the field trip as one of the APs was physically absent from the place of residence due to long-term labour migration outside the Kyrgyz Republic (KR). On 26/03/2021, AP withdraw the of funds from the account.
9. All key LARP implementation activities were completed slightly behind the original schedule (see below).
Table 1. Comparison of Key Dates and Activities in the LARP Implementation Process
Actual # Activity Responsibility Deadline execution
1 Preparatory activities/work 1.1 SAWR Order for LARP Approval PIU November 2020 16/11/2020 1.2 Submitting LARP to ADB Approval PIU November 2020 04/11/2020 1.3 LARP Approval by ADB ADB November 2020 03/12/2020 Website LARP disclosure on SAWR website After LARP 1.4 PIC/PIU www.water- and distribution to affected villages approval climate.kg Send a brochure to the affected After LARP 1.5 PIC/PIU households approval 2 LARP implementation April 2021 February 2021 Order on compensation by SAWR 16/11/2020 2.1 PIU 16/11/2020 Director3 Consultation with the AP/AH prior to 12/02/2021/ the implementation of the LARP, AP#1 2.2 PIC/PIU December 2020 provision of additional information on 16/02/2021/ the GRM AP#2 Distribution of an updated 2.3 PIC/PIU January 2021 February 2021 information brochure to AP Training of local contact persons on 2.4 PIC/PIU January 2021 February 2021 the GRM procedure Processing agreements on compensation between SAWR and 2.5 SAWR January 2021 March 2021 affected households, working out a compensation mechanism 3. Monitoring/control and reporting January 2021 February 2021 Preparation of a report on 3.1 compliance with the LARP PIC/PIU January 2021 March 2021 implementation
3 See Appendix 1. SAWR LARP Approval Order
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Actual # Activity Responsibility Deadline execution
Submission of a Compliance Report 3.2 on LARP Implementation PIU February 2021 April 2021 Compliance Approval of the report on the implementation of the LARP and 3.3 confirmation of no objection for ADB February 2021 May 2021 commencement of construction works
10. The consultation and compensation payment details are shown in Table 2 below.
Table 2. The consultation and compensation details
Date Activity
December 2020 Disclosing LARP approved on the PIU website
16/09/2020 Consultation with AP2
17/09/2020 Consultation with AP1 representative
February 2021 Dissemination of updated resettlement information brochures in Kyrgyz language to all APs
02/02/2021 Official letter of the PIU dated 02/02/2021 No. 195 AP#1 on the need to obtain a power of attorney to sign the Compensation Agreement.
18/02/2021 Placement of the "Grievance Redress Mechanism" on Aiyl Okmotu (АО)4 information boards
May 2021 Publication of information brochures in Russian, Kyrgyz, English on the website of PIU
16/02/2021 Processing of Compensation Agreements
16/02/2021 Assistance in opening a bank account AP#1
16/02/2021 Training was provided for LFP – Ajykulov Toktoraly by Zhunusbaev K
01/03/2021 PIU Order No. 26 on payment of compensation AP#1
12/03/2021 Payment of compensation AP#1
4 Aiyl Okmotu - Rural Local Self-Government
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11. In the implementation of LARP, in addition to the key executors, Local Government Authority (LGA) of the Kenesh AA, a local focal point (LFP), representatives of the district WUA (Water User’s Association) support department (DSD), Rayon (District) Water Department (RVK), the community development team (CDT) were also involved for the subproject " Pravaya Vetka".
II.2 Comparison of LARP Approved Assistance package and AP Actual Benefits
12. Appendix 2. Entitlement Matrix of Pravaya Vetka presents the subproject specific entitlement matrix for this LARP (Appendix 2).
13. As mentioned, only 2 AHs (8 APs) were affected by the project as per LARP. Compensations were calculated in accordance with the Compensation Entitlement Matrix and the Independent Valuation of the Affected Property as reflected in the LARP Budget.
14. These conditions do not require large financial and material costs and are taken into account in the working design for construction work on the construction of mudflow passage No. 1.
15. On 16/09/2020 AP#2 has declared that he received the project documents related to resettlements. (See Appendix 3. Official statement of AP#2 on the refusal of financial compensation).
16. AP#2 at the stage of preparation of LARP, wrote with her own hand a statement on the refusal of monetary compensation for the affected property, subject to the following conditions:
Provide fish ponds with water.
Provide the laying of pipes with a diameter of 250 mm from the existing irrigation ditch network.
Construction of a pedestrian bridge (for crossing) through the mudflow passage.
17. The results of the AP#2 conformity assessment will be available after completion of the construction work on the structure.
18. On 16/02/2021 in the Kenesh AO, in the presence of safeguards specialists Zhunusbaev K, (from PIU) and Kydyralieva N. (from PIC), and with the participation of key executive institutions, explanations of AP#1 were given in a simple, accessible form for each clause of the Agreement on the payment of compensation for damaged property. Particular emphasis was placed on the total amount of compensation and clarifications were repeated on the methodology for calculating each affected property (trees, bushes, fences).
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19. After the expressed consent, an Agreement was signed between the PIU and AP#2 (Appendix 6. Agreement with AP#2) and also with the wife of AP#1 (Appendix 5. Agreement with AP#1), on the payment of compensation for the damaged property.
20. AP#1 has been outside the Kyrgyz Republic (KR) in labour migration to the Russian Federation (RF) throughout the entire time, from the LARP preparation process to the present. On 08/02/2020 PIU has informed AP#1 with the letter (given in the Appendix 4. Official letter from the director of PIU AP#1) about the date for negotiation on compensation issues prior to sign an agreement. In addition, due to the expiration of his identity documents, he was unable to send a power of attorney to his wife to sign the Agreement and he himself is unable to leave at the place of his registration.
21. AP#1 was assisted and provided with transport to open a bank account in a convenient and closest accessible banking institution (CJSC FINKA-BANK).
22. On 12/02/2021, the financial department of the PIU transferred AP#1 funds to the bank account of wife of AP#1 (see Appendix 7. Order of the PIU Director to pay AP#1 compensation) which was opened free of charge. She was notified of the transfer by telephone and the funds were withdrawn from her account 12/03/2021 (Appendix 8. Bank payment of compensation AP#1).
23. On 12/03/2021 the amount of total compensations paid to AP # 1 is 38,460 (thirty-eight thousand four hundred and sixty) Kyrgyz Som (KGS), which amounted to 100% of the total compensation budget of the approved LARP (excluding funds provided for unforeseen expenses) (See Table 3 and Appendix 5. Agreement with AP#1 for agreement).
Table 3. Comparative of actual compensation payments and LARP as of 10/03/2021 (AP1)
Item name Units Compensation Compliance # amount pledged Paid (KGS) status in LARP (KGS)
AP#1
1 Trees, rose bushes 65 trees 16 800 16 800 corresponds
2 Fencing 54 m (1 m height) 5 400 5 400 corresponds
Allowance for Vulnerable corresponds 3 11 1245 11 8206 Persons
5 In year 2020, at the date of LARP approval, the minimum wage in KR is 1 854.0 KGS. 6 In year 2021, at the date of compensation payment, the minimum wage is 1 970.0 KGS.
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Other costs corresponds (transportation costs, tree 4 4440 4440 care costs i.e., pruning, fertilization, etc.
Total: 37 764 38 460
AP # 2 refused to get the financial compensation
24. On 16/02/2021, another consultation with AP # 2 took place. AP # 2 was provided with updated brochures on resettlement and grievance mechanism, in Kyrgyz language, as well as LARP with detailed explanations in a confidential atmosphere and in a simple, accessible form. AP#2 reiterated, verbally, her refusal to receive financial compensation in return for improving the infrastructure on its land contour (supply pipe and pedestrian bridge)
25. No further compensation will be provided for AP#2, but other engineering solutions will be implemented during the construction phase of mudflow passage No. 1 as agreed with AP#2, which will be monitored and reported in coming SSMRs for the project.
III.2 Public consultation and disclosure
26. The measures for the dissemination and disclosure of information provided for in LARP have been fully implemented.
27. On 16/02/2021, representatives of the PIU and PIC held public consultations in the AP’s AA, in the office of the Kenesh AO, where they explained in detail and discussed the content of the LARP with the participants. In particular, the principles and mechanisms of payment of compensation, the methodology for calculating the cost of compensation for occasional cases of loss/damage to property, as well as the procedures for registration and consideration of complaints by the Local Grievance Group (LGRG) were considered at public consultations. During the consultations in the village of Kenesh, 2 APs (100%) participated. In addition, 4 people (all men) took part in the consultations.
28. Eight days before the public consultation, information brochures with a brief description of the LARP content were distributed to the APs, copies were sent to the Kenesh AO by e- mail. Both APs received the communication materials in person.
29. The updated Resettlement and Grievance Redress Mechanism (GRM) brochures were printed in 20 copies and posted on the AO information board, information is also available at the AO office, upon request.
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Consultation with AP#1 Consultation with AP#2
GRM on the АО information board Brochure on information Board of АО
Figure 1. Photos of Public Consultation Activities
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IV COMPLAINTS AND GRIEVANCES
IV.1 Grievances
30. Grievance Redress Mechanism (GRM) created in accordance with the requirements of the Environmental Assessment and Review and Framework (EARF), the Initial Environmental Examination/Environmental Management Plan (IEE/EMP), the Resettlement and Land Acquisition and Resettlement Framework (LARF) to streamline the process of acceptance, consideration and resolution of problems and complaints from Affected Persons (AP) that may arise as a result of the implementation of activities under the Component 1 "Protection and modernization of irrigation infrastructure" of the Climate Change and Disaster Resilient Water Resources Sector Project. See Appendix 9. The grievance registration form.
31. The Local Grievance Redress Group (LGRG) has been established on 16/10/2020 (See Appendix 10. Order, Protocol on the creation of the LGRG for Pravaya Vetka Subproject).
32. Subproject’s Coordination Committee (SCC) of Pravaya Vetka Subproject has been established on 17/06/2020 (See Appendix 11. Protocol on the establishment of the Pravaya Vetka Subproject’s Coordination Committee (SCC)).
33. The complaint matrix for this subproject is shown in the table below.
Table 4. Complaint Management Matrix
Claiming To whom the Complaint Management Consideration order complaint is filed submission form procedure timeframe
GRM level I To Mr. Toktorali LFP will help fill out MCL will be responsible 3 days Ajykulov, - village a special complaint for registering head, LFP form for the complaints and report to complainant PIU on the status of Phone: 0557 741800 complaints handling (monthly)
GRM level II To Local Grievance In writing, the LFP The LFP will be 7 days Redress Group will assist in filing a responsible for (LGRG) established complaint registering the by Order No. 385b complaint and reporting 16.10.2020 7 to the PIU / Safeguards Specialist monthly on
7 Order about the LGRG establishment, minutes of the meeting, list of members of LGRG see in Annex 10
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the status of complaints
GRM level III To Subproject In writing with all The SCC Secretary will 14 – 30 days Coordinating documents be responsible for Committee (SCC), supporting the registering complaints, which was complaint a PIU safeguards established on 14.10 specialist will coordinate .20208 the complaint resolution process
34. LGRG for Aral AA9 as well as LFP has also been appointed while for Masy AA LGRG/LFP will be assigned prior to commencement of construction work. Contact information will be provided to the local population through the wide available communication channels: by means of signs on information boards of AO and WUA; through village headmen, CDT, WUA, DSD, PIC.
35. At the time of filing this report, no complaints have been received, either verbally or in writing.
36. PIU SAWR will document all complaints in both written and electronic form. The LFP and PIC will be responsible for maintaining a grievance log at the local and SCC level, respectively. Complaints log forms will be sent by the PIC to the PIU and consolidated monthly by the PIU Safeguard Officer. The PIU Safeguard Officer will analyze these documents using the PIC and reflect the results in the appropriate semi-annual environmental and social reports.
8 Minutes of the meeting for SCC (GRG) establishment see in Annex 11 9 Order about the LGRG establishment see in Annex 10
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V SATISFACTION SURVEY
37. The overall negative impact of the subproject is minimal - only two households are affected, land acquisition is not envisaged. Following the completion of the consultation information meetings and the signing of the Agreement on 01/03/2021 a telephone survey was conducted to assess the satisfaction level of AP. The survey was conducted to assess the following aspects of AP satisfaction:
1. Satisfaction with AP assistance package;
2. AP's satisfaction with public consultation and effective disclosure;
3. Satisfaction with the AP with the compensation process and mechanism.
38. Based on the telephone survey, both APs expressed their satisfaction with the assistance package offered/received and the information and disclosure activities. AP expressed satisfaction with the establishment of a trusting, friendly and open relationship with the safeguard advisors.
39. At the same time, it should be noted that the AP#2 assistance package will be provided by the construction measures and will be monitored and reported later.
40. During the interview, satisfaction was expressed for the good organization of the consultation meetings: advance notification through official letters, personal notification through the village headman by telephone with a safeguard specialist. Assistance in opening a bank current account. Below in table 5, the results of the telephone survey are presented.
Table 5. Level of satisfaction of AP, Kyzyl-October village, as March 2021
# Item Satisfied, % Unsatisfied, % Abstained %
1 General assistance package 100 0 0
2 Information disclosure 100 0 0
3 Payment mechanism 100 0 0
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VI ACHIVEMENTS AND CONCLUSIONS
41. Thus, the measures approved in LARP and aimed at recovering losses and restoring the pre-project standard of living were effectively implemented, although the implementation process was uneven and was accompanied by some deficiencies in the implementation of LARP, mainly due to the backlog of the implementation schedule. Except for these shortcomings, overall LARP performance can be assessed as satisfactory.
42. As of 12/03/2021, compensation was fully paid to AP#1 as planned in LARP. Meanwhile, the further assistance to AP#2 has been agreed, planned and will be conducted and monitored throughout the implementation.
43. The revealed case of discrepancy in the amount of compensation originally approved in LARP arose as a result of the recalculation of the minimum wage approved by the Government of Kyrgyz Republic in 2021. But in no way infringes on the rights of AP#1, since the recalculation was carried out in the end in the direction of increasing the amount of compensation.
44. LARP awareness and disclosure activities were satisfactory. The PIU together with PIC successfully held public consultations in the village, distributed brochures and copies of LARP among APs by posting them on information boards of АОs, and also disclosed information materials on the websites of SAWR. The LARP for Pravaya Vetka subproject was disclosed on ADB website as well.
45. During the implementation period of the LARP, no complaints were registered with the LGRG. The LGRGs as well as SCC (Subproject’s Coordination Committee) for Pravaya Vetka Subproject will continue their work during the construction period. The remaining LGRG for Masy AA will be appointed and briefed prior to the commencement of construction work.
46. In general, the implementation of LARP is assessed as satisfactory, which is also confirmed by the results of a questionnaire survey conducted among APs using the telephone survey method. Both APs expressed their satisfaction with both the overall package of compensations offered/received, the payment mechanism, and the measures taken to disclose information and clarify LARP procedures.
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APPENDICES
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Appendix 1. SAWR LARP Approval Order
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[Translation]
КЫРГЫЗ РЕСПУБЛИКАСЫНЫН ГОСУДАРСТВЕННОЕ АГЕНТСТВО ӨКМӨТҮНӨ КАРАШТУУ ВОДНЫХ РЕСУРСОВ СУУ РЕСУРСТАРЫ МАМЛЕКЕТТИК АГЕНТТИГИ ПРИ ПРАВИТЕЛЬСТВЕ КЫРГЫЗСКОЙ РЕСПУБЛИКИ
WATER RESOURCES AGENCY UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC
ORDER No. 190 "_____" ______16/11/2020 Bishkek city
In order to fulfill the terms of the Agreement between the Kyrgyz Republic and the Asian Development Bank on financing of L3746 / G0632-KGZ: Climate Change and Disaster Resilient Water Resources Sector Project " (hereinafter the "Project"), ratified by the Law of the Kyrgyz Republic dated June 27, 2019 No. 3198-VI:
I ORDER 1. Take note of the attached Resettlement and Land Acquisition Plan (hereinafter - LARP) for the Project in the official language (Attached). 2. The Project Implementation Unit will start implementing this LARP. 3. The Project Implementation Unit shall ensure the payment of monetary compensation in the amount of KGS 84,492 (eighty-four thousand four hundred ninety-two), which is equivalent to US dollars 1,033 (one thousand thirty-three), within the framework of the grant funds provided for by the above Agreement, from the category "Resettlement costs" to persons whose property and / or sources of income are affected by the Project under the LARP: 4. Implementation control shall be entrusted to the Director of the Directorate for the construction of water facilities Sokeev A.
K. Zh. Tashtanaliev Director
Performers: Dzhayloobaev A.Sh., Deputy Director of SAWR Sokeev A.T., Director of Directorate for the construction of water facilities Nabiev N.B., Director of PIU
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Appendix 2. Entitlement Matrix of Pravaya Vetka
No. Type of Impact Application Type of AP Compensation Entitlements 1. 1. Agriculture Land Loss - Compensation will be paid only for the loss of structures, Agricultural Land Loss Non- legalizable APs improvements on land and 1.1 agricultural produce. No compensation for land.
2. Affected Crops and Trees - Compensation for loss of Unproductive trees Affected crops and All AHs irrespective unproductive trees based on loss 2.1 trees of legal status of value of the wood volume. land use - Compensation based on Loss of seedlings market value. 3. Other Support and Assistance - In addition to any other entitlement, a cash allowance Assistance for Vulnerable HH as equivalent to 6 months per vulnerable Vulnerable per definition in the 3.2. Households (HHs) of a households households LARP/LARF. minimum salary and
employment priority in Project related jobs. 4. Temporary and Unforeseen Impacts Pay a rent to APs. The rent will be negotiated with affected Temporary Impacts Temporary impacts Legal and 4.1 households. during construction on land legalizable HH The land will be restored to its pre-project condition The contractor will have to ensure access to shops and Temporary impacts All HH residences; on access Construction period will be minimized; - Rehabilitation will be based on the above provisions and in compliance with the Land GRM Committee Unforeseen LAR Acquisition and Resettlement 4.2 makes decisions on All HH Impacts, if any Framework (LARF) and an individual basis applicable laws of the Republic of Kyrgyzstan.
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Appendix 3. Official statement of AP#2 on the refusal of financial compensation
To PIU Director of “Climate Change and Disaster-Resilient Water Resources Sector Project” Mr. N. Nabiev from AP#1, a resident of Abdraimov village, Kenesh Aiyl Okrug (rural) , tel. XXXXXXX
Statement
The reason for my application is as follows: On the basis of the resolution of the head of the Kenesh Aiyl Okrug (rural council) dated October 2, 2008 # 513, on the northern bank of the Kara-Unkur River, I was allocated a plot of land located north of the village of Kyzyl-Oktyabr and belonging to the Kenesh Aiyl Okrug (rural) of Bazar-Korgon rayon, with a 3ha area for a period of 35 years with a development period of 5 years, for fisheries. Based on this resolution, we have received the following documents: 1. Resolution # 513 dated October 2, 2008 (Land commission at Kenesh AO) 2. The project of the Jalal-Abad expedition on land management. archival code is 1029. 3. A certificate of Series B # 037254 (dated 13.02.2009 for temporary land use valid for 5 years e.g., from 2009 to 2013). 4. Architectural and planning conditions (APC). 5. Decree # 642 dated Dec. 24, 2008 (Head of the Kenesh AO, this paper was about approval for using the allotted land for fish growing project) 6. clarification notes (reference only but not submitted) as well as other documents as well as other documents. We started working. I hired various mechanized equipment for excavation works. We’ve made leveling and land grading. My request to you, since I have nothing against the construction of a mudflow structure (approx. overchute # 1), I have a set of proposals: 1. To provide water to the lagoon for growing fish, provide a pipe with a diameter of 250 mm. 2. Construction of a pedestrian bridge (for crossing). 3. Construction of overchute up to the Kara-Unkur riverbed. 4. I will not demand compensation.
Applicant: signed by AP#2 Date: 16.09.2020
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Appendix 4. Official letter from the director of PIU AP#1
КЫРГЫЗ РЕСПУБЛИКАСЫНЫН STATE AGANCY FOR WATER ӨКМӨТҮНӨ КАРАШТУУ RESOURCES СУУ РЕСУРСТАРЫ UNDER THE GOVERMENT OF THE МАМЛЕКЕТТИК АГЕНТТИГИ KYRGYZ REPUBLC
"СУУ РЕСУРСТАРЫНЫН КЛИМАТТЫН “CLIMATE CHANGE AND DISASTER- ӨЗГӨРҮҮСҮНӨ ЖАНА ТАБИГЫЙ RESILIENT WATER RESOURCES SECTOR КЫРСЫКТАРГА ТУРУКТУУЛУГУН PROJECT” PROJECT IMPLEMINTATIO ЖОГОРУЛАТУУ" UNIT ДОЛБООРУН ИШКЕ АШЫРУУ БӨЛΥМΥ
CLIMATE CHANGE AND DISASTER – RESILIENT WATER RESOURCES SECTOR PROJECT PROJECT IMPLEMENTATION UNIT
Кыргыз Республикасы 4"a", A. Toktonaliev St., 328 Kyrgyz Republic 720055 Бишкек ш., Токтоналиев room, 720055 Bishkek 720055 Bishkek city А. көч. № 4"а", 328 бөл. Tel/fax: Kyrgyz Republic st., Toktonaliev, 4"а", 328 room. + (996 312) 549108 Tel/Fax: + (996 312) 549108 Phone/fax: + (996 312) 549108 Эл. почта: [email protected] E-mail: [email protected] Эл. почта: [email protected]
№ «195» 08.02 2020 Kyrgyz Republic Jalal-Abad rayon Bazar-Korgon rayon The Kyzyl-October village of the Kenesh Aiyl Aimag (rural council) to the resident AP#2 In accordance with the loan agreement # 3746-KGZ (COL) of July 18, 2019, ratified by the Law of the Kyrgyz Republic "On Ratification" # 88, and the grant agreement # 0632-KGZ (SF) concluded between the Kyrgyz Republic and the Asian Development Bank, in connection with the implementation of “Climate Change and Disaster-Resilient Water Resources Sector Project”, you have been granted the Pravaya Vetka canal (SP13) passing through the site plot (PK13+30) for protection purpose, we notify you by this letter that, the construction of the mudflow structure will begin in the near future. In this regard, we ask you to come to Kenesh Aiyl Okmotu office on 16/02/2021 at 10: 00 and sign the documents related to compensation for the loss of trees and perennials planted by you within the framework of the Project. If for any reason you are unable to come to office, your interests can be represented by an authorized person, in accordance with the procedure established by law (by "Power of Attorney"). In case of untimely, as well as taking into account the non-submission of documents confirming the legality of the use of the land plot, as well as in connection with the need to fulfill the tasks facing the project, the planned construction of the mudflow structure begins without compensation for the damage caused to your property. Best regards, PIU Director N.B Nabiev
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Appendix 5. Agreement with AP#1
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Wife of AP#1
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[Translation]
AGREEMENT ON PAYMENT OF COMPENSATION FOR PROPERTY DAMAGE
Sovetskoe village 16/02/2021
PREAMBLE:
TAKING INTO ACCOUNT and PURSUANT TO,
Credit Agreement No. 3746-KGZ (COL) and Grant Agreement No. 0632-KGZ (SF) concluded between the Kyrgyz Republic and the Asian Development Bank on financing the Climate Change and Disaster Resilient Water Resources Sector Project (hereinafter the "Project"), ratified by the Law of the Kyrgyz Republic "On Ratification" No. 88 dated July 18, 2019, ADB Safeguard Policy Statement (SPS) (2009), LAW of the Kyrgyz Republic "On the Republican Budget of the Kyrgyz Republic for 2020 and Forecast for 2021-2022", DECISIONS of the Government of the Kyrgyz Republic dated June 29, 2018 No. 307 "On the implementation of the Law of the Kyrgyz Republic on state benefits in the Kyrgyz Republic", order of the State Agency for Water Resources under the Government of the Kyrgyz Republic No. 190 "On the implementation of the Plan of resettlement and withdrawal land and payment of monetary compensation to persons whose property and/or sources of income are affected by the Project",
State Agency for Water Resources under the Government of the Kyrgyz Republic, represented by Nurlan Burkhanovich Nabiev, Director of the Project Implementation Unit under the State Agency for Water Resources under the Government of the Kyrgyz Republic, acting on the basis of the order of SAWR No. 107 dated October 28, 2019, hereinafter referred to as the "PIU SAWR", on the one hand, and citizen of the Kyrgyz Republic wife of AP1, passport series, issued by the MKK214031 dated "01" 11 2018, registered at the address: Jalal-Abad region, Bazar-Korgon district, Kenesh aiyl okmotu, s. Kyzyl- Oktyabr, hereinafter referred to as "Citizen", on the other hand, collectively referred to as the "Parties", have entered into this Agreement on the payment of compensation for loss of property (hereinafter referred to as the "Agreement") as follows.
1- SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the payment of compensation for losses in connection with the loss of immovable property as a result of the demolition/dismantling of the following property:
• Saplings of fertile trees - 33 pcs.;
• Wood (poplar, walnut) - 8 pcs.;
• Rose bushes - 16 pcs.;
• Fences made with a netting; 54 m long.
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1.2. The property subject to demolition/dismantling is located at the address: Jalal-Abad oblast, Bazar- Korgon district, Kenesh aiyl aimak, v. Kyzyl-October, hereinafter referred to as "property".
2. AMOUNT OF PAYMENT AND PAYMENT PROCEDURE
2.1. The amount of compensation for losses for loss of property is KGS 26640 (twenty-six thousand six hundred and forty).
2.2. Vulnerable CITIZEN households will be assisted in accordance with the compensation payment matrix (CPM) provided in the “Resettlement and Land Acquisition Plan” equal to 6 minimum wages in the Kyrgyz Republic. The minimum wage for 2021 is set at 1970.0 KGS. Thus, the CITIZEN's household will receive assistance in the amount of KGS 11,820.0 (eleven thousand eight hundred twenty)
2.3. Cash (compensation) in the amount of KGS 38,460 (thirty-eight thousand four hundred and sixty) is subject to transfer in a lump sum to the settlement/card account of a CITIZEN opened with CJSC ______within 10 (ten) banking days from the date of signing this Agreement.
2.4. Confirmation of the fulfilment of the obligations of the PIU SAWR under this Agreement is the presence of a document instructing the Bank to transfer the above amount to the settlement/card account of a CITIZEN in CJSC ______.
2.5. To withdraw funds (compensation) from the current/card account, the CITIZEN is issued a bank card at ______CJSC, for which the CITIZEN undertakes to fill out the documents for issuing the card, provide a copy of the passport and, if necessary, take other actions related to such registration.
3. OBLIGATIONS OF THE PARTIES
3.1. THE CITIZEN undertakes:
3.1.1. Open a current account in CJSC ______to receive and withdraw from the current account the amount of monetary compensation.
3.1.2. Carry out on their own and at their own expense the demolition/dismantling of the property specified in paragraph 1.1. of this Agreement within 30 (thirty) calendar days from the date of signing this Agreement.
3.2. In the event that the CITIZEN fails to fulfil his obligations, as well as within the time limits provided for in clause 3.1.2. of this Agreement, the demolition of property will be carried out by the PIU SAWR.
3.2. PIU SAWR undertakes:
3.2.1. Timely transfer to the account of the CITIZEN the amount of compensation provided for in this Agreement.
4. RESOLUTION OF DISPUTES
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4.1. In the event of disputes under this Agreement, the Parties will make every effort to resolve them through negotiations. If it is impossible to resolve the dispute through negotiations, the dispute is subject to judicial review in accordance with the legislation of the Kyrgyz Republic.
5. FINAL PROVISIONS
5.1. The CITIZEN confirms that when concluding this Agreement, the rights of third parties are not violated, that he has all the powers (legal capacity) to conclude and execute this Agreement, is familiar with and agrees with all the terms of this Agreement.
5.2. The CITIZEN confirms that the fulfilment by PIU SAWR of the obligations assumed under this Agreement terminates his right to claim from PIU SAWR, and other persons, material compensation in any form and amount for damage (demolition/dismantling) of the property specified in clause 1.1. of the present agreement.
5.3. This Agreement enters into force from the date of signing by both Parties and is valid until the Parties fully fulfil their obligations under it.
5.4. This Agreement is drawn up in Russian, in 2 original copies having the same legal force, one for each of the Parties.
5.5. This Agreement, as well as all issues not provided for thereof, shall be interpreted and regulated in accordance with the legislation of the Kyrgyz Republic.
6. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
PIU SAWR: Citizen: 720055, Kyrgyz Republic, Bishkek, Kyrgyz Republic, Jalal-Abad oblast, Bazar- Toktonaliev street, 4 "a" Korgon district, Kenesh ayil okmotu, Kyzyl-October village Tel./fax: +996 (312) 549108, 549074 Tel.: +996 (accounting dept.) Email: Email: [email protected] INN: 01511201910018 Passport: series ID, MKK 214031 OKPO: 30699138 Reg. No. SF: 101100022554 Bank: Finka Bank Bank details: Account: BIK: 135001 BANK: Aiyl Bank OJSC Bank account: 1350108036960793 ______N.B. Nabiev ______Wife of AP#1 (signature) (signature)
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Appendix 6. Agreement with AP#2
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May 2021 27
AP#2
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[Translation] PAYMENT AGREEMENT ON COMPENSATION FOR DAMAGE TO PROPERTY Sovetskoe village «16» February 2021
PREAMBLE: WHEREAS: Credit agreement # 3746-KGZ(COL) and Grant agreement # 0632-KGZ(SF) signed between the Kyrgyz Republic and the Asian Development Bank (hereinafter ADB) to finance the “Climate Change and Disaster-Resilient Water Resources Sector Project" (hereinafter "Project"), ratified by the Kyrgyz Republic Law "On the ratification of the" # 88 dated 18 July 2019, the ADB safeguard policy statement (SPS) (2009), the order of the State Agency for Water Resources under the Government of the Kyrgyz Republic from 16.11.2020 G. #190 "On the implementation of the "Land Acquisition and Resettlement Plan" and payment of monetary compensation to persons whose property and/or sources of income are affected by the Project», The State Agency for Water Resources under the Government of the Kyrgyz Republic, represented by Nurlan Nabiyev, Director of the Project Implementation Unit under the State Agency for Water Resources under the Government of the Kyrgyz Republic, acting on the basis of Order #107 of the SWRA dated 28.10.2019, hereinafter referred to as “PIU under SAWR", on the one hand, and, and the citizen of the Kyrgyz Republic AP2, passport series ____№______, issued by SRS ______from "___" ______20___ registered at the following address: Jalal-Abad region, Bazar-Korgon rayon, Kenesh Aiyl Aimak (rural area), Abduraimov village, street ______, build. #______, hereinafter referred to as the "Citizen", on the other hand, together referred to as the "Parties", have entered into this Agreement for the payment of Compensation for the Loss of Property (hereinafter referred to as the “Agreement”) about the following. 1. SCOPE OF AGREEMENT
1.1. The subject of this Agreement is the payment of compensation for losses in connection with the loss of immovable property as a result of the demolition/dismantling of the following property: Poplar - 2 pcs.; Currant bush - 1 pcs.; Fence made of rolled metal "corner" 40x40 mm., step counter 3.3 m., length 12 m., height 2 m. The fence is made of barbed wire, 48 m long. 1.2. The property to be demolished/dismantled is located at: Jalal-Abad region, Bazar-Korgon rayon, Kenesh Aiyl Okmotu, Kyzyl-Oktyabr village, in contours # 37 (0.8 ha), 21 (0,7 ha), 22 (0,9 ha) and 25 (0,6 ha) – a total is 3 ha, hereinafter referred to as "property". 2. AMOUNT OF COMPENSATION AND PAYMENT PROCEDURE
2.1. The amount of compensation for losses for the loss of property is 8188 (eight thousand one hundred and eighty-eight) KGS. 2.2. Monetary funds (compensation) in the amount of 8188 (eight thousand one hundred and eighty-eight) KGS are subject to transfer in a lump sum (nonrecurring amount) to the settlement/card
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account of a Citizen opened in CJSC ______, within 10 (ten) banking days from the date of signing this Agreement. 2.3. Confirmation of the fulfillment of the obligations of the PIU under SWRA under this Agreement is the presence of a document with an order to the Bank to transfer the above amount to the settlement/card account of a Citizen in CJSC ______. 2.4. To withdraw funds (compensation) from the settlement/card account, a citizen is issued a bank card in CJSC ______, to do this, the Citizen undertakes to fill out the documents for issuing the card, provide a copy of the passport and, if necessary, perform other actions related to such registration. 2.5. The citizen refuses to receive the monetary compensation provided for in paragraph 2.1. of this Agreement, in the event that the PIU under SAWR fulfills the following obligations: - construction of a mudflow structure to the Kara-Unkur-Say River bank; - to ensure the laying of a pipeline under the planned mudflow structure, with a diameter of 250 mm and a length of 12 m., for the supply, through the existing irrigation ditch, of water to the fish pond; - construction of a pedestrian bridge over the planned mudflow structure. 2.6. Confirmation of the fulfillment of the conditions provided for in paragraph 2.5. of this Agreement by the PIU under SAWR is the Act of State Inspection of the completed construction object with the indication of the objects specified in paragraph 2.5. of this Agreement. 3. OBLIGATIONS OF THE PARTIES CONCERNED
3.1. The citizen is obliged to: 3.1.1. open a Bank account in JSC ______to receive and withdraw from the account the amount of monetary compensation. 3.1.2. Carry out the demolition/dismantling of the property specified in paragraph 1.1. of this Agreement on its own and at its own expense within 30 (thirty) calendar days from the date of signing this Agreement. 3.2. In the event that the Citizen failure to perform obligation, as well as within the time limits provided for in paragraph 3.1.2. of this Agreement, the demolition of the property will be carried out by the PIU under SAWR. 3.2. The PIU under SAWR is obliged to: 3.2.1. Include the works specified in paragraph 2.5. of this Agreement in the design and estimate documentation for the construction of a mudflow structure, and ensure their execution. 4. CONCILIATION OF DISPUTES
4.1. In the event of disputes arising under this Agreement, the Parties will make every effort to resolve them through negotiations. If it is impossible to resolve the dispute through negotiations, the dispute is subject to judicial review in accordance with the legislation of the Kyrgyz Republic. 5. FINAL PROVISIONS OF THE AGREEMENT
5.1. The citizen confirms that at the conclusion of this Agreement, the rights of third parties are not violated, that she has all the powers (legal capacity) to conclude and execute this Agreement, is familiar with and agrees to all the terms of this Agreement. 5.2. The citizen confirms that the implementation of the obligations assumed by the PIU under SAWR under this Agreement terminates her right to claim from the PIU under SAWR, and other persons, material consideration in any form and amount for damage (demolition/dismantling) of the property specified in paragraph 1.1. of this Agreement.
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5.3. This Agreement comes into force from the moment of signing by both Parties and is valid until the Parties fully fulfill their obligations under it. 5.4. This Agreement is made in Russian, in 2 original copies, having the same legal force, one for each of the Parties. 5.5. This Agreement, as well as all matters not provided for therein, shall be interpreted and regulated in accordance with the legislation of the Kyrgyz Republic. 6. ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
PIU under SAWR: Citizen: 720055, 4"a Toktonaliev st., Bishkek, Kyrgyz Kyrgyz Republic, Zhalal-Abad region, Bazar- Republic Korgon rayon, Kenesh Aiyl Okmotu, Abduraimov village, st.______, buil. #______Phone/fax: +996 (312) 549108, 549074 Tel.: +996. ______(acountant office) e-mail: ______e-mail: [email protected] TIN: 01511201910018 Passport series: ____№ ______OKPO code: 30699138 PIN: ______Social fund ref. #: 101100022554 BANK name:______Bank details: Operating account: ______BIC: 135001 BANK name: OJSC “Ayil Bank” Operating account: 1350108036960793
______N. B. Nabiev ______AP#2 (signature) (signature)
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Appendix 7. Order of the PIU Director to pay AP#1 compensation
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[Translation]
КЫРГЫЗ РЕСПУБЛИКАСЫНЫН ГОСУДАРСТВЕННОЕ АГЕНТСТВО ВОДНЫХ АЙЫЛ, СУУ ЧАРБА ЖАНА АЙМАКТАРДЫ РЕСУРСОВ ѲНҮКТҮРҮҮ МИНИСТРЛИГИНЕ ПРИ МИНИСТЕРСТВЕ СЕЛЬСКОГО, КАРАШТУУ ВОДНОГО ХОЗЯЙСТВА И РАЗВИТИЯ СУУ РЕСУРСТАРЫ РЕГИОНОВ КЫРГЫЗСКОЙ РЕСПУБЛИКИ МАМЛЕКЕТТИК АГЕНТТИГИ ОТДЕЛ РЕАЛИЗАЦИИ ПРОЕКТА "СУУ РЕСУРСТАРЫНЫН КЛИМАТТЫН «ПОВЫШЕНИЕ УСТОЙЧИВОСТИ ВОДНЫХ ӨЗГӨРҮҮСҮНӨ ЖАНА ТАБИГЫЙ РЕСУРСОВ К ИЗМЕНЕНИЮ КЛИМАТА И КЫРСЫКТАРГА ТУРУКТУУЛУГУН СТИХИЙНЫМ БЕДСТВИЯМ» ЖОГОРУЛАТУУ" ДОЛБООРУН ИШКЕ АШЫРУУ БθЛΥМΥ
CLIMATE CHANGE AND DISASTER – RESILIENT WATER RESOURCES SECTOR PROJECT PROJECT IMPLEMENTATION UNIT
Кыргыз Республикасы 4 "a", А. Toktonaliev St. Кыргызская Республика 720055 Бишкек ш. 720055 Bishkek 720055 г. Бишкек Токтоналиев А. көч. № 4"а" Kyrgyz Republic ул. А. Токтоналиева, 4"а" Тел/факс: + (996 312) 549108 Tel/Fax: + ( 996 312) Тел. / факс: + (996 312) 549108 Эл. почтасы: ccd [email protected] 549108 Эл. почта: [email protected] E-mail: ccd- [email protected]
ORDER No. 26 "___01__" March 2021 Bishkek city In order to implement the Resettlement and Land Acquisition Plan (LARP) for the "Pravaya Vetka" sub- project, developed in pursuance of the Agreement between the Kyrgyz Republic and the Asian Development Bank on financing of L3746/G0632-KGZ:Climate Change and Disaster Resilient Water Resources Sector Project, ratified by the Law of the Kyrgyz Republic dated June 27, 2019 No. 3198- VI, as well as in pursuance of the terms of the Agreement on the payment of compensation for damaged property, concluded on 16/02/2021 between the State Agency for Water Resources Wife of AP#2, in accordance with paragraphs 45 -50 Project Administration Guidelines:
I ORDER: 1. The accounting department of the Project Implementation Unit shall ensure the payment of monetary compensation to the citizen of the Kyrgyz Republic Wife of AP#2, passport series ID [No] [issued] by [dated], registered at the address: Kyrgyz Republic, Jalal-Abad oblast, Bazar-Korgon district, Kenesh aiyl aimak, Kyzyl-Octyabr village, the property of whom is affected by the Project. 2. The amount of monetary compensation is KGS 38 460 (thirty-eight thousand four hundred and sixty). 3. Make the payment by bank transfer to the settlement account No. 1380201020617006, opened in FINCA Bank in the name of Wife of AP#2, from the category "Expenses for resettlement and land acquisition". 4. I reserve control over the execution of this order.
N.N. Nabiev Director
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Appendix 8. Bank payment of compensation AP#1
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Appendix 9. The grievance registration form
Name of Person Raising Grievance: (information is optional and always treated as confidential) Gender: □ Male □ Female
Address or contact information for Person Raising Grievance: (information is optional and confidential) E-mail: Phone: Address:
Location where grievance/problem occurred (write in)
Oblast: Rayon: Village/ Mahalla
Category of Grievance:
Inclusion in LARP Compensation Restriction or Crop Compensation Loss of business Rate loss of access
Registration / Disturbance: Damage to Utilities Relocation HSE Concerns Ownership Status Noise / Vibration / Infrastructure / Dust Assets
Recruitment / Canal Appreciation Suggestions Other Employment Upgrading
Brief Description of Grievance or Inquiry: (provide as much detail and facts as possible)
Please include any other information that you consider relevant, other matters or facts, including supporting documents:
Do you request that identity be kept confidential? Yes No
2. Previous Efforts to Resolve the Complaint
3. Information on Authorized Representative. (If Authorized Representatives are not complainants themselves, their names will be disclosed as needed, in order to ensure transparency).
Contact E-mail Name Positions/Organizations Addresses numbers addresses
Gender: □ Male □ Female
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Please provide evidence of the authority to represent the complainant which must include the complainant’s signature.
Do you request that identity be kept confidential? Yes No
Name of the person who completed this form: Please send the complaint to: By letter post: Grievance Redress Mechanism Signature: Attention to: Climate Change and Disaster Resilient Water Resources Sector Project, Project Implementation Unit Date: 4 A Toktonalieva str. 720055, Bishkek, Kyrgyzstan Email: : [email protected] Phone line: +996 (312) 561 637
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Appendix 10. Order, Protocol on the creation of the LGRG for Pravaya Vetka Subproject
KYRGYZ REPUBLIC ZHALAL-ABAD REGION BAZAR-KORGON RAYON KENESH AIYL OKMOTU KENESH AIYL AIMAG
Order # 385b
16.10.2020 Rural council
On the proposal to the members of GRG members within the framework of the “Climate Change and Disaster-Resilient Water Resources Sector Project” for the Kenesh Aiyl Aimak.
For the effective implementation of “Climate Change and Disaster-Resilient Water Resources Sector Project”, initiated by the State Agency for Water Resources under the Government of the Kyrgyz Republic, as well as timely resolution of emerging issues and consideration of complaints received from the population:
1. While implementing this project, recommend the following persons as a member of the GRG of the Kenesh Aiyl Aimak:
- M. Kaipov – Kenesh Aiyl Okmotu, lawyer, - B. Moldokulov – Kenesh Aiyl Okmotu, land specialist, - R. Abdykadyrov – Kenesh Aiyl Okmotu, land specialist, - Toichu Ergeshov - head of WUA - T. Azhykulov, head of Kyzyl-October village
2. To provide comprehensive assistance in the implementation of this project, use the persons proposed to GRG of the Kenesh Aiyl Aimak. 3. The head of Kyzyl-Oktyabr Aiyl Okmotu Adzhikulov was appointed the local contact person. 4. Control over the execution of the order should be entrusted to the deputy head of Aiyl Okmotu U Saipov
Head of Kenesh Aiyl Aimak: R. Omurzakov
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[Translation]
Meeting Minutes
Кенеш айылы (rural council) 14.10.2020
Subject matter:
Within the framework of “Climate Change and Disaster-Resilient Water Resources Sector Project", funded by the Asian Development Bank (ADB) establishment of Grievance Redress Group for the effective implementation of the irrigation network under the project.
Attendees: 1. Ularbyek Saipov, Deputy head of Kenesh A/O 2. Kuliyev Talai, Executive Secretary of the Kenesh A/O 3. Arzybayev Zhanyshaly, social work specialist of Kenesh A/O 4. Moldokulov Batyrbek. Land specialist of Kenesh A/O 5. Abdikadyrov Rakhmatali, land specialist of Kenesh A/O 6. Toychu Ergeshov, head of WUA 7. A. Zholdoshov, WUA member 8. Toktorali Azhykulov, head of Kyzyl-October village And others
Currently, the State Agency for Water Resources under the Government of the Kyrgyz Republic is implementing the “Climate Change and Disaster-Resilient Water Resources Sector Project”. This project includes the Pravaya Vetka irrigation water network. This network provides irrigation water to the population of the Kenesh Ayil Aimag. Within the framework of this project, a number of measures and construction works are planned to improve the main canal. The project also provides for the reconstruction of several small canals and ditches with the participation of the population. In framework of project implementation, when performing special construction works, various issues may arise, claims and proposals may be received from the population. If disputes arise and problems are not resolved on time and quickly, they can seriously affect the project progress. In this regard, the Kenesh Ayil Aimag needs to Establish Grievance Redress Group.
Speakers/discussion /recommendations
Saipov took the floor first: there is a need for the construction of mudflow structure in the area of Kyzyl-Oktyabr, as mentioned above. The reason is that a mudslide descending into the gorge can fill the channel and the underlying land, thereby causing damage.
Ergeshov Toychu: if the overchute is not built, then in May-June, as a result of rains, mudslides will flood the canal. If the population is not provided with water in a timely manner, the land under cultivation will suffer from a crop failure (poor harvest). decided as follows:
The following persons are recommended for the GRG for the Kenesh Ayil aimag
1. M. Kaipov-Kenesh Aiul Aimag lawyer, 2. B. Moldokulov - land specialist,
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3. R. Abdykadyrov - land specialist, 4. Toychu Ergeshov -head of WUA 5. T. Adzhikulov- Head of Kyzyl-Oktyabr village (local contact person)
Chairman U. Saipov
Secretary T. Kuliev
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KYRGYZ REPUBLIC ZHALAL-ABAD REGION NOOKEN RAYON ARAL AIYL OKMOTU
Order # 31
09.03.2021 Aral village
On the proposal to the members of GRG members within the framework of the “Climate Change and Disaster-Resilient Water Resources Sector Project” for the Aral Ayil Aimak.
Aiming the efficient, unimpeded and smooth implementation of “Climate Change and Disaster-Resilient Water Resources Sector Project”, initiated by the State Agency for Water Resources under the Government of the Kyrgyz Republic, I do this order on:
1. The establishment of a grievances redress group for the Aral Aiyl Aimak for timely and efficient solving uprising issues related to the implementation of the “Climate Change and Disaster-Resilient Water Resources Sector Project”, and recommend the following persons as a member of the GRG of the Aral Aiyl Aimak:
- Mr. Ikram Akhmedaliev, Economist of the Aral Aiyl Okmotu; - Mr. Maksat Mashrapov, Engineer of WUA Aral-Sai; - Mr. Abdrashyt Akhmetjanov, Senior Officer of the Aral Aiyl Okmotu.
2. Mr. Maksat Mashrapov, Engineer of WUA Aral-Sai, is appointed the local focal point. 3. Control over the execution of the order should be entrusted to myself.
Head of Aral Aiyl Okmotu: B. Mamadaliev
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Appendix 11. Protocol on the establishment of the Pravaya Vetka Subproject’s Coordination Committee (SCC)
Minutes of Meeting Masy village June 17, 2020
Participants: 1. Masalbekov R. – PIU specialist 2. Abduvaliev T.- head of Jalal-Abad Basin Water Management Administration or chief engineer 3. Atybaev J. - head of Nooken District State Archives 4. Kudayberdiev K. - head of Nooken District Water Administration 5. Akmatov Z. - head of Bazar-Kogon Basin Water Management Administration 6. Bakirov Sharabidin – Nooken Region Support Department specialist 7. Turdumatov A. - Bazar-Kogon Region Support Department specialist 8. Ergeshov T. – head of “Kenesh -Suu” WUA 9. Kadirbekov M.- head of “Aral- Sai” WUA 10. Abdrahmanov Ch. - head of “Aikol -Suu” WUA 11. Abdasanov K.- head of “Shaidan-Kara-Ungur” WUA 12. Manapov A. - head of “Murat-Murap” WUA 13. Muratov N. - head of “Nooken-K” WUA 14. Nazirbaev M. - head of “Taimonku” WUA 15. Ahmataliev K. - head of “Sakally-Suu” WUA 16. Saipov U. - Deputy Head of the Kenesh Aiyly District 17. Ahmedjanov A. - Deputy Head of the Aral Aiyly District 18. Tashiev K. - Deputy Head of the Shaidan Aiyly District 19. Sulaymanov M. - Deputy Head of the Masy Aiyly District 20. Payazov K. - Deputy Head of the Nooken Aiyly District 21. Orazaliev M. - Deputy Head of the Sakaldy Aiyly District
Agenda: Creation of the Subproject Coordination Committee (SCC)- for Pravaya Vetka. Speakers: Abduvaliev T. - head of Jalal-Abad Basin Water Management Administration or chief engineer acquainted the present representatives of the project with the agenda. Proposed to elect K. Kudayberdiev as the chairman of today's meeting, and Sh. Bakirov as the secretary of the meeting. By unanimous decision, the chairman and secretary were elected. Chairman of the meeting Kudayberdiev K. proposed to hear from the representative of the project to make it clear to everyone, then to return to the agenda-the creation of a coordination committee. Masalbekov R. spoke in detail about the purpose and aims of the project " Improving stability of water resources to climate change and natural disasters" And within the framework of this project, on each subproject, SCCs are created so that all issues related to improving stability of the Pravaya Vetka system to climate change and natural disasters, and issues related to improving and perfecting of the irrigation system effective management are discussed, and decisions and recommendations are made on behalf of the SCCs. Kudayberdiev K. This system provides irrigation water to 8 WUAs located in two districts, and of course there are many questions and suggestions in solving the tasks related to such important issues as
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climate change. As you know, mudflows enter the canal with a high flow rate of water in several places, filling it with mud and gravel. After that, we have to clean it for several days if we find a suitable equipment. Some areas are already blurred. Therefore, we, as professional water managers with extensive work experience, have our own proposals for improving the management of the irrigation system namely, to automate water metering. Provide the necessary equipment for the operational work of technical personnel. In such cases, the SCCs will be very useful and through the meetings of the SCC, we can fully offer our thoughts and suggestions for discussion. I believe that the SCC is necessary and is being created in a very timely manner. Abduvaliev T.- Region Support Department specialist: it is necessary to include SCC, because they know all the problems of the WUA and the irrigation system, outlets from the inter-farm network, etc. When performing design work on the on-farm network, many questions will arise and then these specialists will help. By choice, I propose to elect Iskanderbek Zhavlonaliev as the chairman and Kudaiberdiev Kadyrbek Sheralievich deputy chairman of the coordinating committee. Because the chair must regulate projects on a national level, there are other regions and districts, and the deputy will regulate the project at the local level. Atybaev J. - As a former head of the regional water management, I am glad to hear that a large project from ADB will be implemented along the Pravaya Vetka canal. This project is suitable not only for the Nooken region, but also for our neighboring region, Bazar-Kogon. Water will flow without hindrance if mudflow-flowing structures are built and hydraulic structures are modernized. The Akim of our district thanks the project leaders in advance for their assistance in modernizing the Pravaya Vetka system. On the choice of the chairman, I agree with Abduvaliev, chairman of Iskanderbek Zhavlonaliev and deputy chairman Kudaiberdiev. And the members of the committee should be from aiyl aimaks, heads of WUAs and heads of Region Support Department specialist. Tashiev K- We have gathered to solve problems on the Pravaya Vetka system and we all know that there are large problems on the big canal. Therefore, if you actively participate in solving problems by creating a committee, it will be easier for everyone. On behalf of the ail districts, we express our gratitude for the great help of the ADB and all those who work in this project. After heated debate, it was unanimously agreed to establish the SCC and elect a chairman and deputy chairman. DECISION. 1. Create a Subproject Coordination Committee for the Pravaya Vetka 2. Approve the SCC in the following composition: Chairman of the SCC-I. A. Dzholdoshaliev Chief Engineer of PIU Deputy Chairman - K. Kudaiberdiev Head of the Nooken District Water Administration Secretariat to assign to Yulia Vladimirovna Morozova. Members of SCC: 1. Orazbaev J. - Jalal-Abad Basin Water Management Administration or chief engineer 2. Masalbekov R. – PIU specialist 3. Akmatov Z. - head of Bazar-Kogon Basin Water Management Administration 4. Bakirov S. – Nooken Region Support Department specialist WUA 5. Turdumatov A. - Bazar-Kogon Region Support Department specialist WUA 6. Ergeshov T. – head of “Kenesh -Suu” WUA 7. Kadirbekov M.- head of “Aral- Sai” WUA
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