Land Acquisition and Resettlement Plan

Document: Land Acquisition and Resettlement Plan Document Stage: Final Project Number: 43150-022 Date: May 2014

TAJ: Regional Power Transmission Project (Kayrakum – Asht 220 kV Transmission Line)

Prepared by Barki Tojik for the Asian Development Bank.

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.

This is an updated version of the draft originally posted in April 2012 available on http://www.adb.org/projects/43150-022/documents. BARKI TOJIK OPEN STOCK HOLDING POWER COMPANY Dushanbe - Tajikistan

Regional Power Transmission Project, Tajikistan ADB Grant No. 0213-TAJ

Land Acquisition and Resettlement Plan (LARP) Kayrakum - Asht 220 kV Transmission Line

Consulting Engineers Stuttgart/Germany

April 2012 with updates of January 2014 and April 2014

Sarweystraße 3 70191 Stuttgart • Germany Phone: + 49 ­ 7 11 ­ 89 95 ­ 235 Fax: + 49 ­ 7 11 ­ 89 95 ­ 459

Please contact: Mr. E. Neubauer / Mr. M. Jung Extension: -490 E-mail: [email protected]

Rev No. Rev-date Contents /amendments Prepared/revised Checked/released 0 05.03.2012 Draft Bliss Neubauer

1 27.04.2014 Update Bliss Neubauer / Jung

6793A04/FICHT­13668589­v1

Table of Contents

0. Executive Summary 0-1

1. Introduction 1-1 1.1 Background and Project Description 1­1 1.2 Basis for the LARP 1­3 1.3 LARP­Related Project Implementation Conditions 1­4 1.4 Measures to Minimize Resettlement and Land Acquisition 1­4 1.5 Objectives of the LARP 1­4

2. Scope of Land Acquisition and Resettlement 2-1 2.1 Census Survey 2­1 2.2 General Description of Types of Impacts 2­2 2.3 Impacts 2­2 2.4 Affected Families / Affected Persons Census 2­6 2.5 Relocation Issues 2­7

3. Socio-Economic Profile of Sample Households in the Project Area (2010) and of Identified Affected Households (2013 and 2014) 3-1 3.1 Civil Status of Household Heads 3­1 3.2 Physical Condition of Household Heads 3­1 3.3 Ethnic and Religious Affiliation of the Household Heads 3­2 3.4 Educational Attainment of the Household Heads 3­2 3.5 Household Size 3­3 3.6 Main Sources of Livelihood of the Households 3­3 3.7 Productive Land of the Households 3­4 3.8 Monthly Income of the Households 3­6 3.9 Health and Sanitation 3­8 3.10 Sources of Energy for Lighting and Cooking 3­9 3.11 Household Appliances 3­9 3.12 Transportation 3­10

4. Legal Framework and Compensation Policy 4-1 4.1 Policy and Legal Framework for Land Acquisition and Resettlement 4­1 4.2 Tajikistan Constitution, Law and Regulation on Land Acquisition, Resettlement, and Compensation for Expropriation 4­1

6793A04/FICHT­13668589­v1 I 4.3 Expropriation 4­1 4.4 ADB’s Policy on Involuntary Resettlement 4­3 4.5 Policy Differences and Reconciliation 4­4 4.6 Principles and Policies for the Project 4­5 4.7 Compensation and Rehabilitation Framework 4­7 4.8 Compensation and Rehabilitation Eligibility 4­7 4.9 Compensation and Rehabilitation Entitlements 4­7 4.10 Project Entitlement Matrix 4­8

5. Gender Impact and Migration Measures 5-1

6. Information, Consultation and Disclosure Requirements 6-1 6.1 Consultation 6­1 6.2 Resettlement and relocation options for AFs losing agricultural lands 6­1 6.3 Community Responses to the Project 6­1 6.4 Disclosure 6­2

7. Grievance Redress Mechanism 7-1

8. Institutional Framework 8-1 8.1 Institutional Arrangements 8­1 8.2 Barki Tojik’s Institutional Capacity Building in Resettlement 8­1 8.3 Resettlement Database 8­2

9. Compensation Budget 9-1 9.1 Permanently Acquired Land 9­1 9.2 Compensation for Crops Affected by Temporary Land Occupation 9­4 9.3 Assistance to Affected Vulnerable AHs 9­6 9.4 Income Restoration Program 9­7 9.5 Estimated Costs of Land Acquisition and Resettlement 9­7

10. Implementation Schedule 10-1

11. Monitoring and Evaluation 11-1 11.1 Internal Monitoring 11­1 11.2 External Monitoring 11­1

12. Attachments 12-1 12.1 A. Route Map Northern Line 12­1 12.2 B. LARP Implementation Manual 12­1

6793A04/FICHT­13668589­v1 II 12.3 C. Results of Line Assessment with Photo Documentation 12­1 12.4 D. Model Terms of Reference for External Monitor 12­1 12.5 E­1. Survey of Affected Households of 12­2013 12­1 12.6 E­2. Preliminary Results of Detailed Measurement Survey 12­1 12.7 E­3. Final Results of Detailed Measurement Survey and Compensation Agreements 12­1 12.8 F. Due Diligence Report of April 2014 12­1 12.9 G­1. Boymirzoev.R 12­1 12.10 G­2. Boymirzoev M 12­1 12.11 G­3. Abdukarimov.S 12­1

6793A04/FICHT­13668589­v1 III Abbreviations

ADB Asian Development Bank AF Affected Family/Families AH Affected household/s AP Affected Person/s BT Barki Tojik CBO Community Based Organization CC Civil Code CVLC Commission for Valuation of Losses and Compensation DDM Due Diligence Mission DMS Detailed Measurement Survey ESD Barki Tojik PMU Environment and Social Department (now Monitoring Department) GRC Grievance Redress Committee IR Involuntary Resettlement ha hectare hh household HVTL High Voltage Transmission Line kg kilogram LA land acquisition LARP Land Acquisition and Resettlement Plan LC Land Code M+E Monitoring and Evaluation MEI Ministry of Energy and Industry NGO Non­Governmental Organization PAP Project Affected Persons PMU Project Management Unit of Barki Tojik ROW Right Of Way RT Republic of Tajikistan TJS Tajik Somoni (US$100 = 485 TJS in December 2013) TL Transmission Line USD United States Dollars ZOI Zone of Influence

Local Terms

Dekhan farm Farm under private management organized either individually, by a family, or collectively Hukumat District Administration Jamoat Sub­District, Sub­District Administration Kolkhoz Soviet time collective farm Mahalla Village/neighbourhood organization Oblast Region Rayon District Sovkhoz Soviet time state owned farm

6793A04/FICHT­13668589­v1 IV DEFINITION OF TERMS

Affected ­ Mean all the people affected by the project through land acquisition, relocation, or persons (APs) loss of incomes and include any person, household (sometimes referred to as Also: Affected project affected family), firms, or public or private institutions. APs therefore families (AFs) include; i) persons affected directly by the safety corridor, right­of­way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose

businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project. Compensation ­ Means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value.

Cut­off date ­ Means the date after which people will NOT be considered eligible for compensa­ tion i.e. they are not included in the list of APs as defined by the census. Normally, the cut­off date is the date of the detailed measurement survey. ­ Means the detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground by the contractor.

Encroachers ­ Mean those people who move into the project area after the cut­off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. Entitlement ­ Means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base. Inventory of ­ Means the pre­appraisal inventory of assets as a preliminary record of affected or Losses (IOL) lost assets.

Land acquisition ­ Means 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 compensation at replacement costs. Non­titled ­ Means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation. Poor ­ Means those falling below the official national poverty line.

Replacement ­ Means the method of valuing assets to replace the loss at current market value, or cost its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Replacement ­ This refers to the process involved in determining replacement costs of affected Cost Study assets based on empirical data.

Sharecropper ­ Means the same as tenant cultivator or tenant farmer, and is a person who culti­ vates land they do not own for an agreed proportion of the crop or harvest.

6793A04/FICHT­13668589­v1 V Significant ­ Means 200 people or more will experience major impacts, which are defined as; (i) impact being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). Vulnerable ­ Means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female­headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less).

6793A04/FICHT­13668589­v1 VI INTRODUCTION TO REVISED LARP (10-2011 – 02/2012 – 03/2014)

This Land Acquisition and Resettlement Plan (LARP) was initially elaborated in early 2010 by a team of national and international consultants. The LARP was agreed upon by Barki Tajik (BT) and published in May 2010. Due to the interme­ diate revision of the line corridor for the high voltage transmission line (HVTL) Kayrakum – Asht aiming at facilitating the line construction by avoiding more densely populated areas the initial LARP of May 2010 had to be revised, too.

This work was carried out during November 2011 and January 2012 based on field visits of the new line corridor and dialogue with the concerned parties. Some results from the field work and an introductory summary of the land acquisition and compensation process has been presented in late November 2011 to the vice chairperson of the Sughd Oblast administration together with the chairperson of the Oblast land committee and the representatives of the concerned Rayons and Jamoats.

In December 2013 and early January 2014 during the Detailed Measurement Sur­ vey (DMS) the affected households were identified. Additional information was collected on these households. This included some socio­economic data, land us­ age rights information, and the specification of areas which would most probably be affected by the project either on a temporary or on a permanent basis.

In February the External Monitor (EM) carried out a monitoring mission with re­ gard to the results of the detailed measurement survey and the compensation agreements between Barki Tojik and the representatives of the affected house­ holds. The consultant, Mr. Okil Shirinov, certified that a) all measurement data were correct, b) that the compensation agreed upon between both sides was al­ ready fully paid to the affected households, and c) that no complaints against the decisions and the payment were pending.

So far, damages which will result from stringing are not yet taken into account during the assessment of damages and no compensation payments were made as yet. For this, challenge contingencies of 25% (i.e. TJS 31,150.78) on the final compensation payments (TJS 101,605.62 for Bobon Gafurov Rayon and TJS 22,997.48 for Asht Rayon) have been provided to allow for a fast compensation of all damages during civil works. In total, compensation costs have been estimated at TSJ 155,753.88 (about US$ 32,115).

The total costs of the LARP are still estimated costs based on best information available. In the case of any damages caused by construction work which cannot be predicted, either caused by carelessness, especially by gross negligence, or by any changes in the agreed line corridor, the responsible party will provide addi­ tional adequate compensation according to the basic rules of this LARP.

Compared with the 2010 version this revised LARP contains quite a significant difference: While the initial version tried to identify households which might be affected by the HVTL construction, this LARP was initially based on the fact that although the planned line corridor had been clearly demarcated it would not yet be possible to identify the exact places of the towers and the definitively affected

6793A04/FICHT­13668589­v1 VII people during this planning phase. The contract with the construction company stipulates that it is the responsibility of this company to identify the technically, economically, and socially most suitable places for the towers. Only after these places have been identified can the affected areas also be fixed, the owners of the land usage rights identified and the compensation process implemented. This work was finalized during the revision of this LARP in January 2014, the external monitoring of February 2014 and a Due Diligence Mission in March/April 2014. The final figures are presented in the Final Results of Detailed Measurement Sur­ vey and Compensation Agreements (see attachment E­3).

The initial LARP of May 2010 provides another issue: the question of landowner­ ship. The survey team in early 2010 assumed that mainly or only the managers of collective farms would fall under the affected people. The figures from the house­ hold survey show that only the households of the managers themselves were con­ tacted and their individual situation regarding education, income, health situation, etc., studied. By this means quite a bit of confusion was created. For instance, a household with one hundred of hectares land should have only a monthly income of a few hundred Tajik Somoni (TJC). In addition, only these managers of the farms were considered as affected people (AP) when it came to the documentation of permanent and temporary losses from the HVTL construction. Eventually, un­ fortunately, only the statements and the opinion of the managers of the collective farms were taken into consideration when the question of cooperation with the project came up.

The actually affected people, i.e. the owners of the specific plots of land which would be taken for the construction of the towers, do not play any role in the first LARP although the land reform process in Tajikistan since late 2009 provides clear individual land titles to farmers. Even if individual households share their lands under the cover of a collective dekhan farm they remain owners of such ti­ tles. If it comes to compensation for losses the individual farmer will be the part­ ner for the project and not the manager of the dekhan farm (apart from his own role as perhaps affected individual land title holder). The latter will also be re­ sponsible where collective owned spaces such as channels, field paths, stables, etc., which belong to the entirety of the farmers, are affected.

This LARP provides another significant modification compared with the initial version: As it is impossible for the regional and local stakeholders to implement the land acquisition and compensation process based on a detailed and sometimes intrinsic socio­economic analysis and policy framework paper, a separate “Im­ plementation Manual” was elaborated prior to the training of the relevant stake­ holders in late 2013. This manual provides all most essential information from the LARP regarding its basic philosophy and demonstrates the procedure of land identification, valuation of losses and the implementation of the compensation in­ cluding the grievance mechanism.

6793A04/FICHT­13668589­v1 VIII

0. Executive Summary

1. The government of Tajikistan requested financial assistance from the Asian Development Bank (ADB) to study the feasibility of the proposed Regional Power Rehabilitation Project which consists of, among others, the construction of a 220 kV Geran­Rumi transmission line; construction of a new 220 kV substation at Geran close to the existing Geran substation; and construction of a 220 kV Kayrakum­Asht transmission line. In November 2009 and again in November 2011, ADB and Barki Tojik, the Implementing Agency (IE) under the Ministry of Energy and Industry (MEI), mobilized a group of international and domestic consultants to carry out the feasibility study. This land acquisition and resettle­ ment plan (LARP), which is part of the feasibility study report, is for the construc­ tion of the approximately 72.6 km long Kayrakum­Asht transmission line (TL) located in the Sugd region.

2. The IE and the consultants agreed in the first quarter of 2010 on a prelimi­ nary alignment of the 50 m wide right­of­way (ROW) of the Kayrakum­Asht TL based on technical considerations and the need to avoid crossing human settle­ ments and private landholdings. Consequently, the preliminary alignment, and the second alignment as provided in November 2011 upon which this LARP has been based, will require minimal land acquisition (LA) as it crosses some agricultural areas and barren hills and cause no displacement of people from their homes and sources of livelihood. Based on the requirements of the Laws of Tajikistan and of the ADB’s Involuntary Resettlement Policy as amended in the ADB's Safeguard Policy Statement (2009) and Operations Manual (OM) Section F1/BP (2010), Barki Tojik (BT) has prepared this LARP in order to assess the probable impacts of the Kayrakum­Asht TL based on its preliminary alignment. This LARP was updated in 2011­12 and will include further updates following project approval and completion of detailed engineering design.

3. Starting from the substation in Kayrakum (city), the transmission line runs northwest for 2.5 km across some hills and avoids the settlements at Kuktuluk jamoat before veering northeast for 900 m crossing farmlands and the Sirdaya River in Isfisor jamoat, B. Gafurov hukumat. The first part, with a length of approx. 2.5 km, remains on barren hills. From the angle tower 007A the line will cross an area currently used for cultivating rice of approx. 800 m between the hills and the river. After crossing the river the line will be constructed for approx. 2.5 km on a savage river area (from “river tower” to tower 050A) followed by 1.5 km along a stream with cropping areas right and left side.

500 m north­north­east from the angle tower 050 beginning at the tarmac road the line will cross approx. 600 m of agricultural areas, mainly fields for wheat (or other annual crops) followed by approx. 2.5 km of vineyards before reaching tower 023A. From the end of the vineyard (clearly defined by a channel) the line leads only through deserted lands up to the entrance of the Asht agricultural area.

In Asht, the first approx. 5.0 km are abandoned former fields and fruits tree areas which today are mainly deserted lands (lack of irrigation water) with a few dying trees. Only the last few hundred meters before reaching tower 035A show some

6793A04/FICHT­13668589­v1 0­1

productive fruit trees. The last approx. 1.4 km of the line before reaching Asht substation will cross a state­owned farm with mainly apricot trees.

4. It was initially estimated that 32 angle towers and 223 suspension towers would be required for the Kayrakum­Asht TL. The first version of the LARP estimated that roughly 60 TL towers (10 angle and 50 suspension towers) would be constructed on cultivated land (i.e. farms of private individuals and the gov­ ernment­owned orchard next to Asht substation) while the rest would be con­ structed on barren hills and desert.

In the adapted version of the LARP of January 2014 and again of March 2014, the number of towers on cultivated areas was estimated at 13, later after the final monitoring at 22 (6 angle towers and 16 suspension towers out of initially 30 scheduled towers) while another estimated 30 towers will only use abandoned former agricultural lands. The land allotted for angle towers has been determined at 132 m2 for each tower (one exception at 169 m2) and for suspension towers at 56.25 m2 to 72.25 m2 per tower. Consequently, the Kayrakum­Asht TL project will require the permanent acquisition of approx. 1,770 m2 of farmland for the footing or foundation of the 22 TL towers belonging to: ­ 15 affected households, ­ one collective farm (“A. Jumaev”, not yet distributed to individual farmers) (2 towers), ­ one state farm (“Eriygitov”) in Asht (3 towers).

Two towers will be constructed on land which has been acquired after the cut­off date. In these cases loss of land will not be compensated.

According to the Detailed Measurement Survey and the agreements between BT and the affected farmers for the construction of the 22 towers (20 on lands actu­ ally used) only 1,770 m2 land is required on a permanent basis. These permanent losses include 653.5 m2 of crop land (mainly rice) and 1,116.5 m2 of orchards or vineyards.

Part of the crops of these AFs will likewise be impacted by the temporary occupa­ tion of some 20,000 m2 of farmlands during the construction of said TL towers. Stringing will be done mainly by hand with small machinery so that additional losses will be very limited and not exceeding an estimated 7,500 m2. For damages caused by stringing, contingencies are provided (25% on compensation payments already effected in March 2014).

Remark: If in this place the report refers to 15 affected private households and two farms it is not yet definitively sure how many additional land right owners could be affected temporarily by stringing.

After the Detailed Measurement Survey there was still some confusion amongst BT representatives and the Commission for Valuation of Losses and Compensa­ tion about the actual right owners in several cases. The issue was whether or not the genuine land users (or share holders of collectively managed farms) have been recorded as AF and addressees of compensation payments or the representa-

6793A04/FICHT­13668589­v1 0­2

tives of a collective farm. This point was clarified during the Due Diligence Survey of March/April 2014 and considered in this report (see attachment F).

5. The costs of the compensation payments to the AF during LARP imple­ mentation is estimated at (rounded) TJS 124,600 (approximately US$ 25,690) and 25% contingencies (about TJS 31,150/US$ 6,423) plus external monitoring and management costs. Contingencies are mainly provided for damage caused by stringing. The best method of stringing that causes the minimum of damages is still disputed. For this reason, a money reserve of TJS 40,000 will be provided (which will not be taken into account if it comes to the calculation of contingen­ cies and M+E costs). Total project costs may accumulate to approximately TJS 196,000/US$ 40,412).

The Project will not affect people classifiable as Indigenous Peoples under the ADB Policy on Indigenous People, as all Tajik or Uzbek AF are equally inte­ grated in the national economy and mainstream multi­ethnic culture.

The Detailed Measurement Survey has also proved the initial assumptions of the first draft final LARP that no destruction of houses and resettlement of families will be required. There is no need to demolish stables, storerooms or other adjoining buildings either.

6. The basic compensation/rehabilitation principles set in the LARP are: ­ land acquisition (LA) will be avoided or at least minimized; ­ compensation will ensure the maintenance of the affected people’s pre­ project living standards; ­ APs will be fully informed/consulted on compensation options; ­ APs’ socio­cultural institutions will be supported/used; ­ LA provisions will equally apply to women and men; ­ Lack of formal title will not be a bar to compensation/rehabilitation; ­ Particular attention will be given to women­headed households and vulnerable groups; ­ LA will be conceived/executed as an integral part of the project and LA budgets will be part of project costs; ­ Compensation will be fully provided prior to land occupation.

The LARP also sets the eligibility/entitlement provisions for the project’s impacts as detailed in Table 1 below.

Table 1: Entitlement Matrix Loss Type Entitled Entitlements Implementation Persons Issues Permanent Holder of all A compensation payment for loss of Project will loss of types of land land right use in cash equivalent to compensate losses land use use certifi­ market value of gross produce of the in cash (in excep­ rights cates affected land multiplied by 5 years tional cases provision of new land certificates might be consid­ ered) Crops As above Crops affected by the towers and by Project will pay

6793A04/FICHT­13668589­v1 0­3

Loss Type Entitled Entitlements Implementation Persons Issues stringing or tower transport will be compensation in compensated by default at market rate cash and restore the land in its pre­ construction condition Trees Owners of  Fruit­bearing trees: compensation in affected cash based on 1 year yield x the trees number of years needed to re­grow the tree at productive stage  Not yet productive fruit trees: Compensation in cash based on inputs x year x average age of trees.  Seedlings: based on seedlings cost plus inputs x 1 year.  Wood trees: cash compensation based on wood volume x market value of the wood Vulnerable Additional support during the valuation households and compensation process

7. The ME has overall responsibility for LARP preparation, updating, implementation and financing, and exercises its functions via the Project Man­ agement Unit (PMU) at Barki Tojik. At the PMU, LARP implementation tasks are handled by the BT Monitoring Department and the resettlement contact officer who collaborates with BT district offices and with the district governments (hukumat) in the implementation of the LARP at the local level. The project consultants assist in updating and implementing the LARP, including the delivery of compensation/rehabilitation provisions. The PMU internally monitors and reports to the EA on LARP implementation. The EA reports to ADB monthly.

6793A04/FICHT­13668589­v1 0­4

7.a Key information on the draft LARP was disclosed to some of the possibly affected people1 through the holding in March 2010 of public meetings to present the results of the socio­economic survey of AFs, the project’s probable adverse social impacts, and to discuss the project resettlement policy. A project informa­ tion leaflet in Tajik language was distributed to the affected households in May 2010. The posting of the draft summary LARP in Tajik at hukumat and jamoat offices and the uploading on the ADB website of the draft LARP was also done in May 2010. Following concurrence by ADB with the LARP, the summary of the agreed draft final LARP (revised version) has again been disclosed to the AFs by posting at local government offices since September 2013, while the full text of the approved revised LARP version is uploaded on the ADB and BT websites. If required, social monitoring reports are made available to the AFs and can be submitted to ADB for web posting. In the case of grievances, the AFs were able to first hand in a complaint to the District BT office. It was planned that if within 14 days settlement could not be reached, the grievance may be handed to the BT PMU. If the grievance could still not be settled at BT PMU, the AFs may seek redress at the appropriate court. However, during the Detailed Measurement Survey and the assessment of damages and compensation payments no such grievances were made. During construction works the affected persons will furthermore be able to submit grievances at any time to the institutions concerned.

Table 2: Summary of impacts Impact Category Magnitude of Impact

Affected hh permanent losses for towers 15 hh for 15 (of 22) towers Affected hh temporary losses 15 hh + 2 collective/state farms Permanent loss of land Approx. 1,770 m2 Approx. 20,000 m2 plus damages caused by Land area of temporarily impacted land stringing Trees to be cut for tower foundations A few Trees to be cut during tower work area and Some access road during stringing Physical resettlement of households None Vulnerable families affected None TJS 196,000/US$ 40,412* plus TJS 40,000 Budget costs as reserve fund

1 It should be made clear that the so­called affected people from the first LARP of May 2010 are not necessarily those households which will suffer permanent or temporary losses from the project implementation (cf. introduction to revised LARP). More detailed information is required when a project impacts are severe, i.e., 200 APs to be resettled or suffering the loss of 10% or more of productive assets or sources of income sources]. The contents of the LARP for projects whose impacts are not severe are the same, although less detailed. The adverse social impacts of this power transmission line project are considered as being not severe. * Excluding external monitoring and management costs of approx. TSJ 60,300 (US$ 12,430).

6793A04/FICHT­13668589­v1 0­5

1. Introduction

1.1 Background and Project Description

8. The government of Tajikistan asked the Asian Development Bank (ADB) for financial assistance to study the feasibility of the proposed Regional Power Rehabilitation Project which consists of, among others, the construction of a 220 kV Kayrakum­Asht transmission line; construction of a new 220 kV substation at Geran close to the existing Geran substation; and construction of a 220 kV Kayrakum­Asht transmission line. In November 2009, ADB and Barki Tojik, the Implementing Agency (IE) under the Ministry of Energy and Industry (MEI), mobilized a group of international and domestic consultants to carry out the feasibility study. This LARP, which is part of the feasibility study report, is for the construction of the approximately 72.6 km long Kayrakum­Asht transmission line (TL) located in Sughd region.

9. In the first quarter of 2010 the IE and the consultants agreed on a prelimi­ nary alignment of the 50 m wide right­of­way (ROW) of the TL based on techni­ cal considerations and the need to avoid crossing human settlements and private landholdings. Consequently, the preliminary TL alignment, and the second alignment as provided in November 2011 upon which this LARP has been based, will require minimal land acquisition (LA) as it crosses some agricultural areas and barren hills and causes no displacement of people from their homes and sources of livelihood. Based on the requirements of the Laws of Tajikistan and of ADB’s Involuntary Resettlement Policy as amended in ADB's Safeguard Policy Statement (2009) and Operations Manual (OM) Section F1/BP (2010), BT prepared this LARP2 in order to assess the probable adverse social impacts of the Project. This LARP was updated in 2011­12, in January 2014 and in April 2014, and may include further updates following project implementation progress.

10. Starting from the substation in Kayrakum (city), the transmission line runs northwest for 2.5 km across hills and avoids the settlements at Kuktuluk jamoat before veering northeast for 900 m crossing farmlands and the Sirdaya River in Isfisor Jamoat, B. Gafurov Hukumat. The first part of approx. 2.5 km (cf. attach­ ment C) remains on barren hills. From the angle tower AP4 the line will cross an area currently used for cultivating rice, stretching approx. 800 m between the hills and the river. Four towers (with two corner towers) will be constructed on this land.

2 More detailed information is required when a project impacts are severe, i.e., 200 APs to be resettled or suffering the loss of 10% or more of productive assets or sources of income sources]. The contents of the LARP for projects whose impacts are not severe are the same, although less detailed. The adverse social impacts of this power transmission line project are considered as being not severe.

6793A04/FICHT­13668589­v1 1­1

After crossing the river the line will be constructed for approx. 2.5 km on a wild river area (from “river tower” to towers AP5 and AP6) followed by 1.5 km along a stream with crop­growing areas right and left side and showing fatal erosion at the river banks. Smaller adjustments of the locations for towers to be constructed in this section are still ongoing. In this most complex case most towers will not be constructed on farmland or in orchards.

500 m north­north­east from the angle tower AP 7 beginning at the tarmac road the line will cross approx. 600 m of agricultural, mainly fields for wheat (or other annual crops) followed by approx. 2.5 km of vineyards before reaching tower AP9. The vineyards also do not constitute any problems for construction. From the end of the vineyard (clearly defined by a channel) the line only leads through deserted lands up to the entrance of the Asht agricultural area.

The first approx. 5.0 km in the territory of Asht are abandoned former fields and fruits tree areas which today are mainly deserted lands (lack of irrigation water) with a few dying trees. Only the last few hundred meters before reaching tower AP24 show some productive fruit trees. The last approx. 1.4 km of the line before reaching Asht substation will cross a state­owned farm with mainly apricot trees.

6793A04/FICHT­13668589­v1 1­2

Table 3: Property / Investigation of Land Use Status Distance Area Land use 2,500 m after Kayrakum substation barren hills 800 m from hill to river agricultural area (rice) 2,500 m river mouth area savage eroded lands 600 m behind tarmac road agricultural area (e.g. wheat) 2,500 m between road and “dasht” Vineyards 5,000 m entering Asht area mainly deserted former farmlands (out of this approx. 500 before turning to substation some fruit tree plantations m) 1,400 m between road and substation apricot farm with dense stocks of trees

11. According to the initial planning, the rehabilitation of the Kayrakum­Asht TL required the construction of 255 transmission towers. The main adverse impacts to people, as stated in the preliminary studies, are caused by the footing of approximately 60 TL towers (8 angle points and 50 suspension). According to the initial assessment, of these towers roughly 50% – or 30 towers – would be con­ structed on productive lands at the locations mentioned above.

In order to avoid substantial damage, alternative routes were identified, such that during the Detailed Measurement Survey it was realised that only 181 towers are required and that only 20 towers will be constructed on cultivated land (plus two towers on public ground in between orchards). The remaining 159 TL towers (18 angle and 141 suspension) will be constructed on mountain areas, empty barren hills, road ROW, and wasteland and will not cause any direct social impact. However, based on the Tajik legislation, the area taken for the TL towers on public lands will be compensated, too, based on an inter­governmental nominal price to the hukamat governments. Temporary impacts on farmlands during the construction of the TL towers have also been accounted for.

1.2 Basis for the LARP

12. This LARP is based on the results of the inventory of losses (IOL) con­ ducted in March 2010 and the additional assessment of November 2011 using the 50 m wide right­of­way (ROW) of the preliminary alignment of the Kayrakum­ Asht TL agreed upon by the IE and feasibility study consultants. In December 2013 and early January 2014, while carrying out the Detailed Measurement Survey of all affected assets, the LARP was updated with regard to the sizes of permanent and temporary losses and the number of affected households. In April 2014, a third update was made in order to allow inclusion of the results of the final assessment of damages and the compensation process.

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1.3 LARP-Related Project Implementation Conditions

13. To ensure that impact data are updated based on the final design and that AFs are fully compensated and/or rehabilitated before their land is taken for construction purposes, two basic project implementation conditions related to this LARP have been provided as follows:

LARP implementation: Conditional to the update of the draft LARP based on detailed design, updated data on AF/AP and costs, to ADB and Government approval of the updated LARP, and to the mobilization of an independent moni­ toring agency: Provision of no objection to the initiation of civil works in areas with impacts. Full delivery of the compensation/rehabilitation program detailed in this LARP based on proof provided by a compliance report prepared by the external monitoring agency (EMA). The assessment by the EMA has recently been carried out. The results have already been incorporated into this third Draft of the LARP.

1.4 Measures to Minimize Resettlement and Land Acquisition

14. To fit ADB requirements efforts are made to avoid/minimize negative impacts as much as possible. The following measures have been adopted to minimize project impacts: ­ Non­agricultural government­owned land is used wherever possible, ­ If the TL has to cross agricultural land, the shortest feasible crossing distance is sought, ­ Where tower positioning allows it, suitable land is sought from a land user with a large plot to minimize the number of AFs and impact magnitude on any single AF. ­ Built­up areas are avoided.

1.5 Objectives of the LARP

15. The key objective of this LARP is to provide an effective, practical guideline for BT PMU and the Project Management Team to implement the land acquisition and compensation processes according to a purpose­made sound planning principle and the requirements of the current prevailing legal norms of Tajikistan and in compliance with ADB guidelines. The key tenets that will guide land acquisition (LA) for the Project are: land acquisition will be avoided or at least minimized; compensation will ensure maintenance of pre­project living standards of APs; ­ APs will be fully consulted/informed on compensation options; ­ APs socio­cultural institutions will be supported/used; ­ LA procedures will equally apply to women and men; ­ lack of formal title will not prevent compensation rights under the entitlements matrix; ­ LA will be conceived and executed as an integral part of the Project and budgets, as it will be included in Project costs; ­ impacts to structures will be avoided at all costs; and

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­ all LA and compensation payments will be completed and endorsed by ADB prior to the commencement of civil works in impacted areas.

16. Based on available information of the TL alignment prior to the final identification of individual plots required, this LARP and its updates have been prepared taking into account the general findings of field visits, socio­economic survey of households with possible landholdings inside the preliminary TL alignment, and consultation and meetings with stakeholders in the project area.

The LARP ­ identifies the number of households with landholdings inside the preliminary and final TL alignment, ­ estimates all losses, ­ identifies applicable principles and legal framework to compensate/rehabilitate the AFs, ­ established the responsibilities and mechanisms for the implementation of the compensation/rehabilitation process; ­ provides relative schedules and costs, including estimated compensation and allowances of each AF; and monitoring responsibilities and tasks.

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2. Scope of Land Acquisition and Resettlement

2.1 Census Survey

17. With the aid of maps (scale of 1:100,000) which show the planned HVTL corridor, together with the support of officials from the hukumat and jamoat and available cadastral maps, during the first survey works in early 2010 16 house­ holds and one state­owned farm (with orchards) were identified as having land­ holdings within the line corridor. In the LARP these households were referred to as project affected persons or families (APs/AFs). March 10, 2010, the date of completion of the census of AFs, marked the eligibility cut­off date under the first LARP.

18. As mentioned in the introductory notes to this revised LARP, the approach of the initial socio­economic survey of early 2010 contained two general misun­ derstandings: First, the managers of collective farms and not the individual land use right owners (owners of a land title) were visited and interviewed during the field work, resulting in the fact that the figures from the survey can only provide general information regarding the socio­economic situation of the local population but cannot provide any specific information regarding the individual situation of those households which will suffer from losses during and after the construction of the HVTL.

Secondly, prior to the final design of the line by the construction contractor (now completed) it would not be possible either (i.) to identify the final plots required for construction of towers and those pieces of land which would possibly be affected by the construction work and stringing or (ii.) to know which land owners would be affected by the selection of land and the works.

19. Consequently, even the updated LARP of 2012 was only able to provide a rough picture regarding the size of all losses and the number of affected house- holds or individuals. Only during the Detailed Measurement Survey of December 2013 and January 2014 and the Due Diligence Mission (DDM) in March/April 2014 were more or less final figures identified with regard to the number of affected households, the size of losses, and the requirements for compensation payments. (Remark: the payment was already made in February 2014. However, the DDM proved that some compensation went to the wrong people; this has already been corrected).

Consequently, figures provided in the following paragraphs depict two different situations: ­ the initial findings from the socio­economic survey of 2010 and the updated figures of 2012. These findings have to be considered mainly as case studies which are typical of the socio­economic situation in the project area. However, they are not related to the people ultimately affected. For these households, ­ the most current data were collected in parallel with the Detailed Measurement Survey. These data are presented in separate paragraphs. Again, these figures proved to be still preliminary. Therefore, some corrections have been made as a result of the DDM.

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2.2 General Description of Types of Impacts

20. Initially, it was estimated that 32 angle towers and 223 suspension towers will be constructed. Approx. 24 of the angle towers and 173 of the suspension towers will be constructed on deserted lands, mainly empty barren hills, waste­ land, and road. Therefore, only approx. 8 (perhaps up to ten) angle towers and about 50 suspension towers will be built on cultivated or formerly land belonging to individuals and one government farm3.

The Detailed Measurement Survey and the final line approval by Barki Tojik shows that actually only 20 towers (of which 7 angle towers) have required permanent land acquisition by the project. Two more towers will be constructed in an agricultural area. However, both towers will be placed on barren land (land in the context of lanes, channels or other public space) and do not require compensation to private people or collective farms.

21. Calculations for assessing the impacts of the transmission line towers were first based on the standard suspension and angle point tower designs provided by Barki Tojik – i.e., foundation area of 100 m2 for each angle tower, and foundation area of approx. 50 m2 for each suspension towers. More detailed design during 2013 has resulted in an increased demand for land for both types of towers, with an estimated average of 100 m2 for the two types of towers. Thus this size of land has been scheduled for the land acquisition, which has been negotiated between the representatives of the affected households and the responsible project commit­ tees. Finally, between 132.25 and 169 m2 of land was taken and compensated for corner towers and between 56.25 and 72.25 m2 for suspension towers.

Under the legal norms of Tajikistan, no agricultural or other land use activity is permitted under any erected transmission line tower. Therefore, acquisition is permanent for the foundations of the towers. Towers in mountains/unused areas will require transfer of land from the local administration to Barki Tojik which, however, is not part of this LARP.

2.3 Impacts

22. The results of the initial calculation of the extent of land acquisition and the census of AFs are provided below.

Permanent land acquisition The 20 towers on cultivated land will require the permanent acquisition of 1,770 m2 of farmland. In all the total permanently affected cultivated land acquired by the project will not be more than these 1,770 m2.

Table 4: Area of Cropland to be Acquired Permanently Number of Towers Area Required per Total Area Required Kind of Tower on Cultivated Land Tower (m2) on average (m2) Angle tower 6 138.3 830

3 The formerly cultivated land will be considered as agricultural area, too, as only the lack of irrigation water prevents its use. Compensation for land will be paid but losses of crops are not expected.

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Suspension tower 14 67.1 940 Suspension tower not 2 56.25 112.5 to be compensated Total area required with compensation 1,770

Crops affected by tower construction Crops grown at the towers’ foundation area will be compensated by default regardless of whether the land user is able to harvest before the impact. Before the contractor identifies the final places for the towers we can only provide data regarding average yields and their values.

Table 5A: Crops affected on Permanently Acquired Land Total Average Volume Unit Rate Number Cost of area yield (kg) of crop (TJS) per of trees, Apricot affected per lost (kg)* kg (end of seedling, seedling Crop/Perennial (m2) cropping 2013) or vines* (TJS) per ha or (end of per tree 2013) Rice 393 6,000 1,175 3.0 ­ ­

Wheat 132 4,000 260 2 ­ ­

Lucerne 0 0 0 ­ ­ ­

Carrots 0 0 0 0 ­ ­

Corn 128.5 5,000 182.1 2 ­ ­ Fruit­bearing 911 50 1,200 1.5­2.0 24 8 apricot Not yet productive 0 0 0 ­ ­ ­ apricot** Grape 225 5 1,350 5.0 51 3

Almond 0 0 0 ­ ­ ­

+ Total 1,770

+ All figures may be rounded off and may exceed Σ or 100%. *One hectare of farmland comprises an average of 300 apricot trees and one hectare of vineyard would have an average of 1,650 grapevines. Crop losses are multiplied for wheat and rice by a factor of 5. **When computing the compensation payments for AFs for permanent losses of usage rights of lands planted with young (not yet bearing) apricot trees and those planted with apricot seedlings, it is assumed that they would later have an average yield of 10,500 kg per hectare and per year.

Crops affected by temporary land occupation The construction of each of the 22 towers would require a workspace (including access road) of between less than 700 and 2,100 m2, inclusive of the area for the foundation (i.e. 56.25 to 169 m2 for the tower). Thus, approximately 20,000 m2 of cropland will additionally be impacted temporarily for one cropping season (i.e. up to six months) during the construction of the towers.

Likewise, during the stringing of the towers, an estimated 13,200 m2 of cropland between the 22 towers on cultivated landholdings will be used as access (path or road) for stringing ( 2 to 4 m wide) and thus may impact the crops temporarily for

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one cropping season. These figures of farmlands that are affected by crop loss due to temporary occupation during the construction and stringing of the towers do not include some losses resulting from access of the machinery to the construction sites.

For access to the construction sites it is assumed that some more land would be required on a temporary basis. However, the Detailed Measurement Survey has not shown any cases where such damage will take place. However, contingencies will be provided for any damage from access in order to compensate affected people during construction work.

AFs will be compensated by default for crop losses based on the market value of crops at the time of land acquisition. This applies to crops that have already been planted at the time of construction/stringing, or to crops that the AP will not be able to plant due to the disturbance in his plot. The actual crop standing on the affected land will be determined during DMS and compensation for the same will be calculated. The most predominant sources of cash for farmers in the project area are the perennials apricot trees and grapes. It takes seven years before an apricot bears fruit. One ha land (10,000 m2) can have an average of 300 fully­ grown apricot trees.

Grape vines bear fruit once a year. It takes about four years before a young grape vine bears fruit. In the project area, the vines are between already eight to ten years old and they bear fruit every year. A one ha farm can have as much as 1,650 vines (i.e., approximately 33 rows with each row having 50 vines (or approx. 41 rows with 41 vines each). In practice, two rows with 82 to 100 vines will be damaged per 100 m of line route. The higher number of 50 is taken in order to be on the safe side.

Farmers which grow cereals and fodder plants like alfalfa are only able to plant one crop per year due to the scarcity of irrigation water. However, compensation for losses will only be paid if the construction works fall in the cropping season. If the work is carried out during winter fallow the construction company will only reconstitute the land with all its infrastructure of pay its value in cash.

Table 5B: Crops affected on Temporarily Required Land

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Total Average Volume Unit Rate Number Cost of area yield (kg) of crop (TJS) per of trees, apricot affected per lost (kg) kg (end of seedling, seedling Crop/Perennial (m2) cropping 2013) or vines (TJS) per ha or (end of per tree 2013) Rice 3,916 6,000 3,883 3.0 ­ ­

Wheat 1,644 4,000 657 2.0 ­ ­

Lucerne 0 0 0 ­ ­ ­

Corn 3,299 5,000 1,650 2.0 ­ ­ ++ Fruit­bearing 7,784 50 2.0 206 8 apricot* ++ Not yet productive 0 0 0 ­ ­ ­ apricot Grape** 3,949 6 5.0 ­ ­***

Total 20,592 x x x x x + All figures may be rounded off and may exceed Σ or 100%. ++ Data do not allow a differentiation between the two types of land * Loss of apricot trees assumed, although some trees might only be partially cut. ** For grapes there is no difference between permanent and temporary damage as all vines have to be replaced. *** For grapes no seedling costs as all vines will be compensated for 5 years.

Other losses Other impacts on fixed assets of the AFs were identified during the DMS. Field visits indicated that such losses will be roughly 225 poles for vineyards if the poles cannot be used again. The value of each pole is TJS 77. During construction work a few other constructions could be damaged such as ­ simple or barbed wires, ­ simple wood or grid fences, ­ irrigation channels, ­ drainage channels, ­ field paths, etc. Contingencies allow for a fast compensation payment if needed. The final TL alignment so far has ensured that no structures will be affected and that no AF has to relocate as a result of the project.

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Severity of impact on productive assets According to the information of the Hukumat land committee the average land size per household (already registered or to be registered and to be furnished with certificates) is approx. one hectare. In contrast to the first version of the LARP, it has emerged that a farmer indeed could lose up to 1% of his land if a tower were placed on his registered plot. This amount is far from being a percentage which constitutes a danger for the economic viability of a farm. If it is also true that currently most farmers have not yet received their individual land certificates. However, it has become evident that it is not possible to provide them with additional land from the land of the former Kolkhoz, as all the land has already been used by farmers for years. Each individual case will be checked and the modes for compensation clarified prior to construction.

2.4 Affected Families / Affected Persons Census

23. Before the DMS was implemented, it was assumed that approximately six km of the HVTL would be constructed mainly on agricultural lands (cf. Table 3). If the average hh land size in the project area per household is about one ha, approximately 60 hh could have been affected, as it would absolutely unrealistic to assume that individual households could have land extending over the distance of two towers (i.e. 300 – 400). The DMS has proved that on the six km of the HVTL on cultivated land, only 20 towers will be constructed. Two more towers within cultivated areas will be constructed on public lands next to earth paths and irrigation or drainage channels, thus not affecting any crops. However, detailed survey work has also proved that about 42 hh would require compensation as the land required for one tower and the construction site in some cases belongs to two or more different farmers.

In addition, the access road to be used during the stringing of one tower to another with a width of two to four meters would affect people. Taking six km, an esti­ mated 60 hh could be affected. A large number of the hh already identified for compensation would fall under this group of affected hh. There is also the proba­ bility that access to the work sites could affect additional cropping areas. The DMS has not provided sufficiently clear figures. However, the DMS has also shown that the assumption that a rigorous corridor for stringing is needed is too pessimistic. In reality, stringing will mainly be done by hand with small applianc­ es so that in most cases almost no damage at all will occur. This means that – although the number of affected households is far from being accurate even after the DMS – only little compensation payment will be required.

The question of which persons are to be compensated, either the de jure “land usage rights owner” according to Tajik legislation, being currently in some cases nothing but a name on the membership list of a dissolved former state­owned farm, or a representative of a collective farm replacing this state farm, has been conclusively answered by the Due Diligence Mission. Instead of three such representatives, a total of 34 farmers got the compensation payment (see attach­ ment F).

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2.5 Relocation Issues

No house or shop will be affected by the project. Therefore, there are no reloca­ tion issues in the rehabilitation of the Kayrakum­Asht TL.

It could be possible that some walls, fences, irrigation channels and perhaps a few hovels could be affected. Any damage will be either eliminated by the contractor (channels, trails) or compensated by the project (fences, poles for grapevines).

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3. Socio-Economic Profile of Sample Households in the Project Area (2010) and of Identified Affected Households (2013 and 2014)

25. Except for one household that could not be located during the survey, basic socio­economic information was gathered on March 9­10, 2010 for 15 households. The following paragraphs first summarize the results of the socio­ economic survey of 2010 and then add figures from the survey of December 2013 and the DMS 2014:

3.1 Civil Status of Household Heads

26. All 14 male household heads are married. The female household head is also married but her husband is working abroad.

Table 6: Marital Status of hh Heads (2010) Total Jamoat/Raion Male hh Head Female hh Head hh Head Di- Di- Married Widower Married Widow vorced vorced Isfisor/B.Gafurov 1 1

Ismoil/B.Gafurov 3 3

Shadoba / Asht 2 2

Shaidon/Asht 3 1 4

Pangoz /Asht 5 5

Total 14 1 15

Out of the 13 hh heads from the 2013 survey, one person is not married. There are no female­headed households.

3.2 Physical Condition of Household Heads

All of the household heads are aged below the mandatory retirement age, i.e. 63 years for men and 58 years for women. None of them is physically handicapped.

Table 7: Age and Physical Condition of hh Heads (2010) Total Male hh Head Female hh Head hh Jamoat/Raion Head Normal Handicapped Normal Handicapped <63 63 <63 <58 58 <58 58 63 yrs+ yrs yrs+ yrs yrs yrs+ yrs yrs+ Isfisor/B,Gafurov 1 1 Ismoil/B.Gafurov 3 3

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Total Jamoat/Raion Male hh Head Female hh Head hh Head Shadoba / Asht 2 2 Shaidon/Asht 3 1 4 Pangoz /Asht 5 5 Total 14 1 15

Just two persons amongst the heads of households from the 2013 survey are 35 years old or younger. By contrast, there are six individuals older than 60 years (survey 2013).

3.3 Ethnic and Religious Affiliation of the Household Heads

28. All of the household heads are Muslims. Three of the male household heads belong to the Uzbek minority group, while the rest are Tajiks. The female household head is Tajik, too. Although there are three households belonging to the Uzbek ethnic group these households are not classifiable as Indigenous Peoples under the ADB Policy on Indigenous People, as all Tajik or Uzbek people are equally integrated in the national economy and mainstream multi­ethnic culture.

Table 8: Ethnic Affiliation of hh Heads by Gender (2010) Total hh Jamoat/Raion Male hh Head Female hh Head Head Tajik Uzbek Tajik Uzbek Isfisor/B,Gafurov 1 1 Ismoil/B.Gafurov 2 1 3 Shadoba / Asht 2 2 Shaidon/Asht 1 2 1 4 Pangoz /Asht 5 5 Total 11 3 1 15

Six heads of household are Uzbeks, while the heads of the seven other households are Tajiks (2013 survey).

3.4 Educational Attainment of the Household Heads

29. Half of the male household heads finished secondary education, while the other half have university degrees. The female household head holds a university degree.

Table 9: Educational Attainment of hh Head (2010) Total hh Jamoat/Raion Male hh Head Female hh Head Head Secondary University Secondary University Isfisor/B,Gafurov 1 1 Ismoil/B.Gafurov 3 3

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Total hh Jamoat/Raion Male hh Head Female hh Head Head Shadoba / Asht 2 2 Shaidon/Asht 2 1 1 4 Pangoz /Asht 5 5 Total 7 7 1 15

Six of the 13 hh heads have attained a high school diploma, while seven have the certificate of the 10th class in school. The Uzbeks have a slightly higher educa­ tional level than the Tajiks (survey 2013).

3.5 Household Size

30. The 15 hh are made up of 93 persons, or an average household size of 6.2. Male household members constitute 51.61% of the total household population.

Table 10: Number of Persons Living in the Households (2010) Average hh Jamoat/Raion Male Female Total No. of hh Size Isfisor/B,Gafurov 4 2 6 1 6 Ismoil/B.Gafurov 11 10 21 3 7 Shadoba / Asht 8 8 16 2 8 Shaidon/Asht 10 7 17 4 4.25 Pangoz /Asht 15 18 33 5 6.6 Total 48 45 93 15 6.2

There are 92 persons living in the 13 hh, which equates to 7.1 hh members on average. There are more male (48) than female (44) hh members, something uncommon for rural areas in Tajikistan, which usually have a high proportion of migrants (for labour) (survey 2013).

3.6 Main Sources of Livelihood of the Households

31. With the exception of one person who works for the government the rest of the male / female household head earn their livelihood primarily from farming.

Table 11: Primary Livelihood Activities of hh Heads (2010) Total hh Jamoat/Raion Male hh Head Female hh Head Head Work in Work in Farming Govern- Farming Government ment Isfisor/B,Gafurov 1 1 Ismoil/B.Gafurov 3 3 Shadoba / Asht 2 2 Shaidon/Asht 3 1 4 Pangoz /Asht 5 5

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Total hh Jamoat/Raion Male hh Head Female hh Head Head Work in Work in Farming Govern- Farming Government ment Total 13 1 1 15

The question about the main source of income was unanimously given the answer “farming” (survey 2013).

3.7 Productive Land of the Households

32. The farmlands within the preliminary TL alignment of eight of the male household heads are orchards planted with apricot trees, while the six others are vineyards. The farm within the preliminary TL alignment of the female household is an orchard. In some farms wheat and oats are also planted, although on a marginal scale. Due to the scarcity of water, it is unlikely that farmers are able to plant more than one crop per year. Remark: these figures have no relevance for the future land acquisition. They only provide an idea of cropping patterns in the project area in general.

Table 12: Types of Farmland of Households in the Preliminary Alignment (2010) Total hh Jamoat/Raion Male hh Head Female hh Head Head Orchard Orchard/Vineyard Orchard Orchard/Vineyard Isfisor/B,Gafurov 1 1 Ismoil/B.Gafurov 3 3 Shadoba / Asht 2 2 Shaidon/Asht 3 1 4 Pangoz /Asht 2 3 5 Total 8 6 1 15

33. As stated by the concerned Jamoats currently most farmers are still organized in collective Dekhan farms. The following figures provide an idea of the size of these farms (they do not indicate individual land ownership or land use rights):

3 Dekhan farms between 13 and 18 ha, 2 Dekhan farms between 25 and 30 ha, 2 Dekhan farms approx. 96 and 97 ha, 3 Dekhan farms between 118 and 240 ha, 4 Dekhan farms between 755 and 1,100 ha 1 Dekhan farm 2,400 ha.

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Table 13: Total Area (in ha) of Dekhan Farmland (2010) Jamoat/Raion Size of dekhan farms 1000 13 ~ 25 ~ 96 ~ 118 ~ 755 ~ ~ 2400 18 30 97 240 851 1100 Isfisor/B,Gafurov 1 Ismoil/B.Gafurov 1 1 1 Shadoba / Asht 1 1 Shaidon/Asht 2 1 1 Pangoz /Asht 1 1 1 2 Total 2 2 2 3 2 2 1

From the survey of 2013 no detailed figures have been presented. Until most recently there was still a mixture in the preliminary statistical data of estates with individual land certificates and collective farms (see attachment E­1). Conse­ quently, it is not surprising that there are hh with just 0.5, 1.34, and 1.75 hectares of land, while the heads of other affected hh provide figures of 55 and 270 hec­ tares. The latter were certainly not referring to their individual land size but to the holding of the collective farm. It was up to the Commission for Valuation of Losses and Compensation to identify the real usage right owners of the areas affected.

Indeed, this did not take place accurately. After the Detailed Measurement Survey was carried out by the contractor, together with the Rayon committees in Janu­ ary/February 2014, a document was created detailing all permanent and temporary losses and amounts of compensation payments (14th February 2014). However, after payment to the “affected people” was made and the external monitor had presented his report it became obvious that figures relating to land affected differed considerably between the two documents. In addition, the status of persons receiving compensation payment remained unclear in a couple of cases, mainly in Ismoil Jamoat of Bobojon Gafurov District. In order to clarify these issues, from 31st March until 2nd April 2014 a Due Diligence Mission was made to Khudjand and to the District concerned and the Jamoat of Ismoil.

The due diligence survey reviewed seven cases where questions regarding the compensation process for damages remained open. In four of these cases meas­ ures have already been taken, meaning that these cases could be concluded during the mission (no. 1 – 4 of attachment F).

For the remaining three cases (no. 5 – 7) immediate action was started in order to redistribute a total amount of TJS 69,260 from three collective farm managers to the 34 affected farmers. On 9th April bank vouchers were presented documenting the repayment of the money by the three managers, together with a list of the new recipients verifying that the compensation has now reached the correct affected hh.

34. The land usage right situation in the project area is absolutely unclear. Due to the ongoing land reform process these rights are in transition. It is supposed that in 2012 there will be two types of land “ownership” certificates, individual

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and merged certificates4. The information provided to the survey team in 2010 shows the confusion which still existed at that time amongst the respondents: seven persons stated that they had certificates of land use rights for “their” (i.e. the collective) farmland within the preliminary TL alignment, and seven respondents also claimed that they had special permits from the government for “their” farmlands.

35. The real size of the privately owned land can be perceived from the question whether the respondents had land outside of the planned HVTL corridor. All households indeed have such land ranging from 0.06 to 0.22 ha in size. This is the typical size of house gardens which were already private property of the Sovkhoz or Kolkhoz farmers during the time of the Soviet Union.

Table 14: Land Area (in ha) of Farmlands Outside the Preliminary Align- ment (2010) Male hh Head Female hh Head Jamoat/Raion 0.06 ~ 0.22 0.06 ~ 0.22 Isfisor/B,Gafurov 1 Ismoil/B.Gafurov 3 Shadoba / Asht 2 Shaidon/Asht 3 1 Pangoz /Asht 5 Total 14 1

3.8 Monthly Income of the Households

36. The following income figures show clearly that nobody amongst the 15 reference households of the 2010 survey “owned” more than one or, at the most, two ha of land: ­ 4 of the male household heads claim to have a monthly household income of less than 200 Somoni, ­ 4 others claim to have a monthly household income of 201~400 Somoni, ­ 3 state a monthly household income of 401~600; and another ­ 4 a monthly household income of more than 600 Somoni (including the only female household head).

4 All land in Tajikistan belongs to the state. Until 1994, the land was either managed by Sovkhozes (state farms) or Kolkhozes (“cooperative farms” which were de facto pure state farms, too. The decree on the land reform which is implemented since late 2009 provides plots of land to all former Sovkhoz or Kolkhoz members for a “period of 99 years”. Every individual of these former members has already received or will receive a land certificate. However, the households concerned can merge their land together into family dekhan farms or even collectively operated dekhan farms. Although such farms will have one manager who represents all the group the entirety of farmers will remain the owners of the land. Compensation will not be paid to the managers but to the individual farmers.

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Table 15: Monthly Income of the Households (in TJS) (2010) Jamoat/Raion Male AH Head Female AH Head 1-200 201-400 401-600 >601 1-200 201-400 401-600 >601 Is­ fisor/B,Ga 1 furov I­ smoil/B.G 3 afurov Shadoba / 1 1 Asht Shai­ 1 1 2 don/Asht Pangoz 2 3 /Asht Total 4 4 3 3 1

Again, from the income figures provided in late 2013, it was very unrealistic to conclude that all the land indicated is used by the respondents themselves. One hh – cultivating two hectares of land – stated that they had only TJS200 per month. Another with 1.75 hectares reported that they earned TJS1,000. However, the persons who stated that they used 55 hectares of land claimed to have the same income of just TJS1,000 and the person with “270 hectares” only reported TJS500 per month. One important fact is that none of the 13 affected households stated that they live mainly or substantially from remittances. In late 2013 it was still assumed that should this be true, the affected hh would not profit from the general positive income trends in Tajikistan: countrywide, we observed an increase in remittances during 2010 and 2013 of between 20 and 30% for the entire country. This is above the inflation rate, so the disposable income of the concerned hh has risen consid­ erably. However, for the other hh and especially for hh without members in public employment there was almost no increase in income which exceeded the rise in consumer prices. Although the price for basic food (mainly wheat flour) has almost been stable since 2010, or even a bit lower than in the crisis years 2008­ 2010, other food prices have increased. This allowed for the conclusion that the general average income of the population in Tajikistan, and with it purchasing power, has risen a little, but not all households have been able to participate in this positive trend.

It is worth mentioning that the hh from the two surveys in 2010 and 2013 were only partially among the people affected. The Due Diligence Mission has proved that an additional group of at least 30 hh has to be added to the AF. Their socio­ economic conditions could be even worse than the pictured situation. People who so far were considered as simple farm workers should have less income than the managers of their farms. Therefore, it is a very favorable outcome that the redis­ tribution of the compensation payments has finally reached the right people.

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3.9 Health and Sanitation

37. Six of the 15 hh heads surveyed take their water for drinking and washing from irrigation and roadside canals. Four stated that they get their drinking water from public wells or pumps, while another two hh heads say they buy their domestic water. Three household heads fetch their household water from springs.

Table 16: Main Source of Water for Drinking and Washing (2010) Public Buy from Jamoat/Raion Canal Spring Well/Pump Retailers Isfisor/B,Gafurov 1 Ismoil/B.Gafurov 3 Shadoba / Asht 2 Shaidon/Asht 1 1 1 1 Pangoz /Asht 4 1 Total 4 6 2 3

The drinking water supply situation of the 13 affected hh from the 2013 survey is a little better than reported in 2010 for 15 sample households. Now, eight hh have access to pumped water, while five use canals or water streams.

38. All 15 households surveyed have open pit latrines. Six households claim to have their own bathrooms at home, while the other nine mentioned that they had none.

The findings from 2013 also show slightly better sanitation conditions. Now, eleven hh have a bathroom, while only two do not have this facility.

Table 17: Toilet Facilities Used by the Households (2010) Jamoat/Raion Water-sealed Open Pit Isfisor/B,Gafurov 1 Ismoil/B.Gafurov 3 Shadoba / Asht 2 Shaidon/Asht 4 Pangoz /Asht 5 Total 15

Table 18: Availability of Bathroom in the Households (2010) Jamoat/Raion Has Own Bathroom None Isfisor/B,Gafurov 1 Ismoil/B.Gafurov 3 Shadoba / Asht 2 Shaidon/Asht 2 2 Pangoz /Asht 1 4 Total 6 9

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39. The majority of the hh heads surveyed (13) have their garbage collected by the local government, while the other two burn or bury their garbage.

However, only eight hh from the 13 of the survey from 2013 have their garbage collected by the local government, while five burn their garbage or dump it somewhere.

Table 19: Garbage Disposal Used by the Households (2010) Collected by Local Jamoat/Raion Burned / Buried by AH Government Isfisor/B,Gafurov ­ 1 Ismoil/B.Gafurov 3 ­ Shadoba / Asht 1 1 Shaidon/Asht 4 ­ Pangoz /Asht 5 ­ Total 13 2

3.10 Sources of Energy for Lighting and Cooking

40. All 15 hh use electricity for their lighting needs. With regard to fuel for cooking, all 15 households use both electricity and wood for cooking. Five hh also use gas for cooking.

All affected hh of the survey in late 2013 had an electricity connection. However, the main source of household energy is still organic material. In Bobojon Gafurov, five out of seven hh also use gas for kitchen purposes.

Table20: Main Source of Power/Fuel for Cooking (2010) Jamoat/Raion Electric Company Wood Gas Isfisor/B,Gafurov 1 1 Ismoil/B.Gafurov 3 3 3 Shadoba / Asht 2 2 Shaidon/Asht 4 4 2 Pangoz /Asht 5 5 Total 15 15 5

3.11 Household Appliances

41. All of the households own a television set, 14 hh own a mobile phone, 10 hh own a refrigerator, and eight hh each a radio set.

Again, in 2013 all hh owned a TV set and all but one a radio. 10 also have an electrical fan, and all but one a refrigerator. All hh representatives had a mobile phone. Eight out of 133 reference hh also owned a washing machine. Compared with 2010, the number of household appliances had slightly increased.

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Table 21: Household Appliances (2010) Electric Micro DVD/ Oven/ Jamoat/Raion TV Radio Phone Ref Comp AC Washer Fan wave CD stove Isfisor/B,Gafurov 1 1 1 1 Ismoil/B.Gafurov 3 2 3 3 3 1 1 3 3 3 Shadoba / Asht 2 2 2 2 1 1 1 Shaidon/Asht 4 3 4 3 3 1 3 2 2 2 3 Pangoz /Asht 5 1 4 1 1 Total 15 8 14 6 10 2 5 3 6 7 6

3.12 Transportation

42. Most of the hh (14 households) own a car, while five hh own a bicycle, one a motorbike, and one a truck. However, it is not clear if the cars and the lorry are really private property of the respondents or belong to the collective Dekhan farm. With an income of less than US$100 per month it is not possible at least to run a car.

Out of the 13 affected hh 10 own a private car while three hh have their own vehicle. Apart from the smallest landowner (with only 0.5 hectare), who does not own his car, there is no correlation between the size of land indicated and car ownership.

Table 22: “Ownership” of Means of Transport (2010) Jamoat/Raion Bicycle Motorbike Car Truck Isfisor/B.Gafurov 1 Ismoil/B.Gafurov 3 1 3 1 Shadoba/Asht 1 2 Shaidon/Asht 1 3 Pangoz/Asht 5 Total 5 1 14 1

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4. Legal Framework and Compensation Policy

4.1 Policy and Legal Framework for Land Acquisition and Resettlement

43. The policy framework for the Project is based on the ADB Involuntary Resettlement Policy (1995) as amended in the ADB's Safeguards Policy Update (2009) and Operations Manual (OM) Section F1/BP (2010), the Constitution of the Republic of Tajikistan, and the Land Code of the Republic of Tajikistan. Where differences exist between local law and ADB practices, the policy differ­ ence will be resolved in the favour of the latter.

4.2 Tajikistan Constitution, Law and Regulation on Land Acquisition, Resettlement, and Compensation for Expropriation

4.3 Expropriation

44. The Constitution of the Republic of Tajikistan is the main legal document which guarantees citizens’ rights. Article 13 states “Land, bowels of the earth, water, airspace, animal and vegetable kingdoms, and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people”. Further, Article 12 states “The economy of Tajikistan is based on various forms of ownership. The state will guarantee freedom of economic activity, entrepreneurship, equality of rights, and the protection of all forms of ownership, including private ownership”. The legal basis for state acquisition of private property for public works is outlined in Article 32 which states “[…]The property of an individual is taken away only on the basis of the law, with the consent of the owner and to meet the requirements of the state and society, and with the state paying full compensation”.

45. Compensation for Land withdrawal and other impacts as a consequence of public interest projects are also regulated by other legislative acts governing land withdrawal, land allotment and impact compensation to citizens such as the Land Code RT (LC), the Civil Code RT (CC) and various normative legal acts. Based on these laws the withdrawal/allotment of lands and resettlement is based on the following applicable principles:

Land users have a right to be reimbursed for losses due to withdrawal of right of land use for state and public needs (LC Articles 41 and 43). At termination of the rights of property, property will be assessed on the basis of its market value (CC Article 265). Land user or user of other registered rights associated with land should be notified in writing about land withdrawal by local land management authority not later than one year before the coming land withdrawal procedure (LC Article 40).

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If according to International agreements, which are recognized by the Republic of Tajikistan, other rules are established than those specified in the Land Code of the Republic of Tajikistan, the rules of international agreements will be accepted (LC Article 105).

46 The LC of 1997 is the core legal document with regards to land acquisi­ tion. It has been updated a few times since then, most recently in 2004. Article 2 of the LC states that there is no “private ownership of Land”, that “Land is an exclusive ownership of the State”, but the state guarantees its effective use in the interests of its citizens. In Articles 10­14, the LC outlines that land titles are provided to the citizens on a long­term and short­term basis and that land use rights can be inherited.

47. Article 24 of the LC describes the allocation of land for non­agricultural purposes and provides that when choosing a suitable location for such purposes mainly land not suitable for agricultural should be favoured. The same principle is stressed by Article 29 of the LC which discourages the use of high­yielding agricultural lands for non­agricultural use. However, Article 29 also allows for the allocation and sequestering of agricultural land for “other very important State objects”.

48. Article 31 of the LC provides that land acquisition for non­agricultural public purposes is subjected to the awarding of compensation. “Terms of allocat­ ing land plots to new land users for non­agricultural needs must envisage compen­ sation of all losses related to confiscation of land plots from former land users, as well as compensation of losses in agricultural production”. Article 19 of the LC states the rights of land users, including clauses allowing a land use rights holder the “waiving voluntarily land plot” or “indemnifying for [compensating for] losses” as mentioned in Article 41 of the LC.

This article sets out the basis for compensation: “Full reimbursement shall be provided for losses, including loss of profit, caused by:

 sequestering of land for non­agricultural purposes,  restriction of land users' rights,  deterioration of land quality as the result of activities of other land users”.

49. In the case of this Project this could be interpreted as compensation for permanent loss of land use and crops, and complying with b) and c) above, the need to compensate for temporary use of land and disturbance of cropping pat­ terns for construction purposes.

50. Calculation of the compensation due for land acquisition is taken into account in Articles 43 and 44, which state that “actual prices of equipment and materials as well as prices of assets and other works existing either at the moment of confiscation of a land plot and drafting of the report shall be applied. When calculating losses of agricultural production and forestry, the standard costs for bringing into cultivation virgin lands and improving them so that they reach the maximum level of production obtained on the sequestered lands shall be applied.

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Disputes about the amount of compensation for damages caused and losses of agricultural production and forestry shall be settled in court”.

51. The guarantee of land users’ rights is further emphasized in Article 48 which states that: “Confiscation of land plots from natural persons for state and public needs can be made after:

having assigned another equivalent land plot, having constructed on a new place of housing, industrial and other structures equivalent in their purpose instead of plots sequestered, in the established order, by enterprises, institutions and organizations for which the land plot was assigned, having paid full compensation for all other losses, including profit loss” (according to Articles 41 and 42 of this Code).

52. Compensation for land, which belongs to the State and is allocated and essentially leased to users by the hukumat, is divided on a 40 to 60 percent basis between the hukumat, which in future will no longer receive any income from taxes and leases for that portion of the land, and the land user, who suffers a reduction in his/her income­generating asset. The compensation received by the hukumat should be used for the management, construction and maintenance of local infrastructure. The land user also gets compensation for lost crops based on the average of the four years previous to the adverse impact.

4.4 ADB’s Policy on Involuntary Resettlement

53. With respect to land acquisition and resettlement, ADB policy requires consideration of the following principles:

­ Involuntary resettlement is to be avoided or, if unavoidable, minimized through all viable options; ­ The AF should be compensated and assisted, so that their economic and social future is generally as favorable as it would have been in the absence of the Project; ­ The AF should be fully informed/consulted in resettlement and compensation options; ­ Local socio/cultural institutions should be supported/used to the greatest extent possible; ­ Lack of formal legal land title should not be a bar to compensation or rehabilitation; ­ Compensation shall be provided to the AF at full replacement cost of the affected assets. Compensation rates for houses and other structures, and non­physical assets will be calculated at prevailing market rates for replacements without provision for deduction of depreciation; ­ Particular attention should be paid to AFs headed by women and other vulnerable groups, and appropriate assistance provided to help them improve their status; ­ Land/other compensation/rehabilitation provisions will equally apply to women and men;

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­ Land acquisition and resettlement will be conceived and executed as an integral part of the project and related budgets will be included in project costs; ­ Compensation will be fully provided prior to ground leveling and demolition.

As per ADB’s Safeguards Policy Statement, important elements of the resettle­ ment policy are: (i) avoid and minimize land acquisition and resettlement impacts, (ii) compensate for lost assets at replacement cost; livelihood, and income restoration, (iii) assistance for relocation, including, if required, provision of relocation sites with appropriate facilities and services, and (iv) assistance for rehabilitation to achieve at least the same level of well­ being with the project as without it5.

This will be done achieved through the following measures: (i) the TL alignment will avoid human settlements, (ii) compensation for crop losses as a result of permanent loss of land use, and (iii) compensation for access and damage to crops and cropping season as a result of construction impacts.

4.5 Policy Differences and Reconciliation

55. A comparison of the above Tajikistan Land Code and ADB policies are summarized in the table below. Any difference between the Land Code of Tajiki­ stan and ADB policy will be resolved in favor of the latter:

5 Rehabilitation measures include restoration of access to public facilities, infrastructure, and services; and to cultural property and common property resources. Measures to mitigate loss of access to cultural sites, public services, water resources, grazing, or forest resources include establishment of access to equivalent and culturally acceptable resources and income­earning opportunities. Such measures must be determined in consultation with affected communities, whose rights might not be formally recognized in national legislation. Where people are seriously affected by the loss of assets, incomes, and employment, compensation solely for lost assets may not be adequate to restore their economic and social base. Such people will be entitled to rehabilitation assistance measures for restoring incomes and living standards.

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Table 23: Comparison of ADB Policy with Tajikistan Land Code ADB Tajikistan Reconciliation Provisions Policy Requirements Land Code Provisions The APs are to be informed The LC does not provide any In this project APs are and consulted on resettle­ standards for consultation. consulted on options. The ment and compensation LARP will be disclosed to options. them in an adequate way. The AF should be compen­ The LC provides for compensation This project will provide sated and assisted, so that for losses of land right, buildings, compensation for losses of their economic and social crops, trees and other assets. land use rights and crop future would be generally However, it is not clear if income losses. The other losses listed as favourable as it would losses (i.e. business losses) are to in column two do not apply to have been in the absence be compensated, too. the project. of the Project. Compensation is to be The LC mandates compensation When land for land provided at replacement at replacement rates through the compensation is not rates. provision of land for land. How­ technically feasible (as for this ever, this is not to be the case if project) local administrations land is paid in cash as the (or the project implementing replacement value (reproduction agency respectively) may pay cost) of a plot is shared on a 40 to cash compensation. This 60% proportion between the local practice will be adopted for government and the land user this project. 100% respectively. compensation will be provided to the AFs based on production lost for five years. Lack of formal legal title to Compensation is provided only to This issue is not relevant in the land by some affected registered settlers/to owners of the case of this project as groups should not be a bar formal legal land use titles. there are no squatters to compensation or rehabili­ affected. tation. Besides compensation at The law provides for In the project there will be no replacement cost for land, compensation for all losses but severely affected or relocated houses, crops, trees and does not specify how business AP or business losses. The businesses ADB policy compensation is to be carried out. project will provide allowances provides for rehabilitation The law does not provide for the for vulnerable people in case allowances for severe impacts, ADB required allowances, too. that such people will be vulnerable APs and relocation.. identified by the final line design (i.e. by the contractor).

4.6 Principles and Policies for the Project

56. Given the assessment above, some provisions in the Land Code have been waived to make it compatible with the resettlement principles of ADB’s Policy on Involuntary Resettlement. For the reference of BT in preparing and subsequently updating and implementing this LARP the following project principles and policies are applicable:

Barki Tojik will guarantee the implementation of the compensation and rehabilitation framework detailed in the next section of this Chapter; Adverse impacts on AP/AF must be avoided or minimized as much as possible;

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If impacts are unavoidable, the AP’s/AF’s lost assets, livelihood or other resources will be fully compensated and/or assisted so that they improve or are at least restored to their former economic and social conditions;

Compensation will be provided at full replacement cost free of transfer costs;

In case of need (so far not applicable) the Hukumat Land Council will facilitate changing of land­use certifications of AFs without charging fees; Information on the preparation/implementation of the LARP will be disclosed to the APs and people’s participation will be ensured in LARP planning and implementation stages; The updated LARP and its implementation must be approved by ADB and BT;

Before taking possession of sequestered lands and the commencement of construction, full compensation will be paid in accordance with the provision described in the updated LARP. No land will be taken until the legitimate user is compensated or rehabilitated as provided in this LARP; Every effort will be made to minimize the time lag between notice of acquisition and payment of compensation;

Provisions will be kept in the budget for those who will not be present or available at the time of the final engineering design. All changes of land titles until the last day of the submittal of the final engineering design will be respected;

Although so far no cases could be identified, lack of formal legal land title is not a bar to compensation or rehabilitation;

Particular attention shall be made in all activities related to resettlement planning, implementation, and monitoring to ensure the involvement of women and other vulnerable groups;

Two representatives of project­affected families, one of whom should be representative of village women or vulnerable groups, will be invited to join the Commission for Valuation of Losses and Compensation;

In case of need, a local consultative group (e.g. with Mahalla leaders and Jamoat representatives) will be established to support the AFs and resolve any conflicts that may arise during the compensation process. The groups will have access to and disseminate information about a set of procedures for lodging complaints and grievance resolution;

If possible, members from the AFs will be given priority where local (unqualified or low­qualified) labour is required for the construction works. Where training is a necessary prerequisite to this work, suitable training will be provided by the contractor prior to construction works;

Compensation measures will equally apply across gender lines and vulnerable groups if any is identified;

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AP consultation will continue during the updating and implementation of the LARP;

The full compensation of affected assets will be a condition for the initiation of civil works.

57. All AFs/APs will be entitled to compensation for loss of land, crops/trees at replacement value. No other impacts are envisaged. There will be no demolition of houses and no physical resettlement.

4.7 Compensation and Rehabilitation Framework

58. Based on ADB policy requirements, prevailing Tajikistan policies, and the reconciliation mechanisms detailed above, the EA has established a compensation and rehabilitation policy framework for the project as discussed in the following paragraphs. Compared with the initial LARP of 2010, the framework below and compensation rates were adjusted during the LARP updating.

4.8 Compensation and Rehabilitation Eligibility

59. APs entitled to compensation or at least rehabilitation provisions under the Project are: ­ All APs losing land irrespective of land right type and with or without formal land­use rights or traditional land­use rights; ­ Tenants, whether registered or not (so far not applicable); ­ Owners of buildings, crops, plants, or other objects attached to the land; and ­ APs losing business, income, and salaries.

60. Compensation eligibility will not be limited by a cut­off date prior to the final engineering design by the contractor. All formal changes of land usage rights will be considered up to the presentation of this final design.

4.9 Compensation and Rehabilitation Entitlements

61. Entitlement provisions for APs losing land and income losses and rehabili­ tation subsidies include provisions for permanent and temporary land use losses, house and buildings losses, crops and trees losses, a relocation subsidy, and a business loss allowance based on tax declarations and/or lump sums. These entitlements are detailed below:

Land permanently acquired All land users will receive an allowance for lost land use rights based on the market value of the potential produce of the affected land x 5 years. What is meant by potential produce is the produce of the land based on the crop cultivated on it, disregarding whether the land was fallow or planted with young unproduc­ tive trees at the time of the survey. This formula is adopted in absence of active and official land markets, and it roughly reflects land replacement compensation standards elaborated in an internet article by the Federal Reserve Bank of Kansas

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City in 2009 (www. kansascityfed.org/ RegionalAffairs/ MainStreet/MSE_0609.pdf) or supported by anecdotal evidence known to the domestic Consultant in Tajikistan, both of which indicate that the market value of the land corresponds to the amount obtained by the formula used. If applicable, the land users will also have their lease agreement with the hukumat updated at no cost to them to reflect the decreased land size and proportionate decrease in land fees and taxes. This compensation will be provided 100% to the AFs irrespective of the type of land right they hold.

Crops Compensation for crops based on average market value over the year before construction at market rate. Crop compensation will be paid only if a crop has actually been lost, or if a crop will be lost due to the works. Where land was fallow at the time of construction, or if it will be fallow at the time of construc­ tion, compensation for a lost crop will not be paid.

Trees Wood trees are valued based on wood volume x the market value of the tree's wood; Productive trees are valued differently depending on whether they bear fruits yet or not as follows: Fruit­bearing tree are valued based on type of tree and income lost (net annual income x number of years needed to re­grow the tree to a productive stage) plus cost of replacement saplings; Not yet productive fruit trees are valued based compensation in cash based on inputs x average age of trees.

Vulnerable family allowances All vulnerable AFs (those below poverty level or headed by a woman) will receive one additional compensation for the crops in the affected plots to be set at 25% of the ascertained value. Currently, it is estimated that 15% of all AFs belong to the group of vulnerable households.

4.10 Project Entitlement Matrix

62. The entitlement matrix below summarizes the compensation and entitle­ ments due to the AFs based on the likely impacts of the Project.

Table 24: Entitlements Matrix Loss Type Entitled Persons Entitlements Implementation Issues Permanent Holder of Land use A compensation payment for Project will loss of land Certificate from losses of land right use in cash resurvey the plot use rights hukumat, or the equivalent to market value of and issue a new government (i.e. gross produce of the affected land certificate at presidential land). land multiplied by 5 years no cost to the AF

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Loss Type Entitled Persons Entitlements Implementation Issues Crops As above Crops affected by the towers Project will restore and by stringing or tower the land to its pre­

transport will be compensated construction by default at market rate. condition.

Trees Owners of  Fruit­bearing trees: affected trees Compensation in cash based on one year yield x the number of years needed to re­grow the tree at productive stage.

 Not yet productive fruit trees: Compensation in cash based on inputs x average age of trees.

 Seedlings: Based on seedlings cost plus inputs x 1 year.

 Wood trees: cash compensation based on wood volume x market value of the wood

Vulnerable Affected Additional cash allowance households household equal to market value of 25% of the gross produce of affected

land.

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5. Gender Impact and Migration Measures

There are no recently made studies that could provide a detailed insight into gender issues relating to economic change during the last years. However, if we apply the results of an ADB study of 2000 on Women in Tajikistan to the current situation in the Sughd area we can see some deterioration, mainly of the economic role of women (employment and income). In addition, the enrolment rate of girls in schools has suffered considerably. However, there is evidence, too, that in the pastoral environment of the areas, boys are also prevented from attending school during the summer season. Further analysis is required.

Due to the fact that the stabilization of the central electrical power network supports women and men in a more or less equal manner the project does not favor strategic gender needs and does not support changing the gender relations between women and men. As a consequence, it is assumed that the project according to the OECD/DAC gender categories has to be classified as gender neutral.

63. The nature of the project, being construction of electrical power transmis­ sion towers, has construction nuisance/land acquisition as its only social impact, since the end product will not enhance or disrupt any community service. Both men and women were consulted, and the socio­economic survey data also include the collection of disaggregated data based on gender in the project areas in order to determine their views on project impacts.

Men’s major concern was temporary land acquisition resulting in interrupting cropping and harvest, and issues related to receiving actual compensation for tower placements.

Women did not express such concerns and supported the opinion that the project would have little if any impact on them.

Both men and women expressed the desire to undertake project­related employ­ ment if the opportunity arose. Men in general were more aware of the rules of the Land Code and the Constitution. Men were also better connected to formal community networks through participation in village meetings and activities at the mosque. Therefore it is likely that without additional measures women will receive less information about the project.

64. During the socio­economic survey of some AH in 2010 one woman was identified as household head (because her husband was working abroad). The final engineering design and the identification of the land use right owners have shown that there are no women­headed households are among the persons affect­ ed. It is recognized as important that male and female AH members are kept informed on the land acquisition and compensation policies developed in this LARP.

Therefore, measures have been built into the information dissemination program to ensure that female AP are provided with project information, and that they will

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be included in discussion groups concerning compensation and grievance redress. Male and female AP are equally likely to be literate.

65. Particular strategies to ensure gender mainstreaming of project activities include:

­ Ensuring that each household has a copy of the project information leaflet for reference of entitlements rather than relying on dissemination via village or public meetings, which are more likely to be attended by men; ­ Additional copies of the project information leaflet being distributed to women’s organisations, hukumat and jamoat offices and other places where women gather. This will ensure that there is a means of community­ based support for informing and supporting female AF household members; ­ The LARP providing for equal entitlements and provisions for men and women; ­ Contractor’s bid documents emphasizing equal opportunity and equal pay regardless of gender; ­ Additional provisions for livelihood enhancement being given to female­ headed household with no support from other members of the family.

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6. Information, Consultation and Disclosure Requirements

6.1 Consultation

66. The initial version of the LARP has been prepared in close consultation with some of the possible AF who have been informed about the Project and its likely impacts. Other stakeholders consulted during the preparation of the initial LARP and the updated version of the plan include Jamoat leaders, Hukamat and Oblast representatives (Planning Department and Land Committee representa­ tives), government agencies and departments, and neighbours in the project zone of influence. Consultations were carried out several times with individual house­ holds during the AF socio­economic survey, and with local leaders and officers at Jamoat and Hukamat levels.

67. During project implementation, consultation with AFs will be ensured through regular meetings to be organized by the project management unit (PMU) and BT field offices. These meetings will be used to tackle resettlement imple­ mentation problems and to undertake timely remedial actions. This will also serve as a forum by which the contractor may keep AFs informed of the construction schedule, allowing for crop harvesting and steps both the contractor and the AFs can take in order to reduce impacts of construction on the environment and directly on the family (e.g. noise and dust reduction etc.).

6.2 Resettlement and relocation options for AFs losing agricultural lands

68. Consultations have been carried out with some of the possibly affected households. Compensation options have been discussed including cash compensa­ tion, land for land or a combination of approaches. The dialogue partners prefer cash compensation for withdrawal of the land use in accordance with its cultiva­ tion value. As the socio­economic survey at Jamoat level and of the interview partners themselves indicate, most AFs are viewed as “cash­poor”, thus cash compensation for crop loss is important.

The Detailed Measurement Survey, together with the negotiations between the Commission for Valuation of Losses and Compensation and the AF in December 2013, has shown that compensation in land is not the preferred option, but that all losses should be paid for in cash.

6.3 Community Responses to the Project

69. Since 1 December 2009 the people of the Asht region, who rely heavily on electricity imported from Uzbekistan for running their pump irrigation systems, have been adversely affected by the increase in energy costs from Uzbekistan and by power shortages. The people of Asht will therefore directly benefit from the rehabilitation of the Kairakhum­Asht transmission line. It is for this reason that the Government of Tajikistan has asked ADB to speed up the planning and implementation of the Project. Moreover, the Project will provide income to the

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Tajikistan Government through power export to Afghanistan during power surplus periods of the year, and in the long term, potential power import during harsh winter periods, as Afghanistan also develops its power generation capacity.

Relevant Hukumat and Jamoat officials have provided valuable assistance for the conducting of the socio­economic survey and the establishment of the Commis­ sion for Valuation of Losses and Compensation and thus demonstrated their interest in improving the regional power supply situation.

6.4 Disclosure

70. Barki Tojik has prepared a project information leaflet in Tajik. This was distributed to the possible AFs during in May 2010 for the first time. A second updated leaflet was distributed most recently during the Detailed Measurement Survey in December 2013. The project information leaflet contains the following information: (i) a brief background of the Project, specifically the civil works to be undertaken and the adverse social impacts; (ii) preliminary estimates of land acquisition; (iii) project entitlements; (iv) indicative schedule of resettlement activities; (v) grievance redress mechanism; and (vi) contact persons for any queries. Also in May 2010 and again in the last quarter of 2013, a summary version of the draft LARP in Tajik language was posted in Hukumat and Jamoat offices. The draft LARP was uploaded on the ADB website prior to project appraisal.

This updated and revised version of the LARP, after approval by Barki Tojik and ADB, will again be disclosed to the AFs and uploaded on the ADB website. Barki Tojik regional staff may also distribute a revised version of the project infor­ mation leaflet during the civil works in order to facilitate contacts with all relevant parties in case of complaints.

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7. Grievance Redress Mechanism

71. Great care is taken to prevent grievances. This has been done so far through careful land acquisition design and implementation, by ensuring full AF participation and consultation, and by establishing extensive communication and coordination between the community, the PMU and the local governments. This notwithstanding, complaints are sometimes unavoidable and a grievance mecha­ nism has been established for the project to allow the APs the opportunity to appeal against any disagreeable decision, practice or activity arising from com­ pensation/rehabilitation process. Efforts to make APs fully informed of their rights and of the procedures for addressing complaints will continue during civil works.

72. Complaints and grievances can be addressed through the following steps and actions (see Fig. 2):

First Step: One joint Project Grievance Redress Committee for both concerned Hukumats has been established. It includes two members of the affected community (including AP’s and non­APs), one representative of each concerned Jamoat and one repre­ sentative of each of the two Hukumat Land Councils, to be chaired by one of the two Hukumat representatives (to be agreed upon internally by the two Hukumats). Grievances must be heard and resolved within 14 days of submission of the complaint.

Second Step: If the Project Level Grievance Redress Committee is not able to resolve the grievance within a 14­day period, the complaints should be presented via the BT Rayon representative to BT PMU at a central level. The elected representatives of the AF will have the opportunity to mediate by providing their written comments and proposals to the PMU. A final decision will be made by the Director of the PMU after the assessment of the case and a careful preparation of the decision by the PMU resettlement representative. Grievances must be heard and resolved within 7 days of submission of the com­ plaint.

Third Step: If no solution is reached within 14 days at BT PMU level, the APs can further submit their case to the appropriate court of law.

According to Tajik law, taking the case to court can be related only to the valuation of the losses and the determination of the level of compensation (payment). The question of the expropriation for the construction of a HVTL itself is not negotiable and a case in court cannot delay construction work.

73. While applying the Grievance Redress Mechanism, APs can seek support from the BT PMU resettlement representative who on his part might be assisted by the national and international consultants. The contact addresses/phone num­ bers will be available at the level of each concerned Jamoat.

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Figure 2: Grievance Redress Process

AP has a grievance

With refer- Step 1: Project-level Grievance ence to the Redress Committee deals with LARP grievance of AP

Problem Yes resolved? STOP

No

With refer- Step 2: Resolve problem directly ence to the with BT PMU LARP

Problem Yes resolved? STOP

No

With refer- ence to the Step 3: AP has to apply to the court LARP, the (with assistance of project team) Tajik Land Code, etc.

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8. Institutional Framework

8.1 Institutional Arrangements

74. The ME is responsible overall for further LARP updating, implementation and financing and will exercise its functions through the Project Management Unit (PMU) at BT. Within the PMU, LARP tasks are handled by the resettlement representative, BT’s Monitoring Department (formerly known as the Environment and Social Department – ESD), in consultation with concerned Hukumats and Jamoats, which will continue to manage all land acquisition, compensation and rehabilitation action detailed in this LARP. To carry out activities in the field the resettlement representative of the Monitoring Department also liaise with BT’s district offices and mobilize their personnel as needed. In the implementation of the compensation/rehabilitation program at the local level, the Monitoring De­ partment also coordinates with the district (Hukamat) governments (mainly the Hukumat Land Management Council), which have the ultimate authority on local land acquisition matters in consultation with the State Land Committee.

75. During project implementation, the project management consultants will include in their team an international and a local resettlement specialist. They will assist the Monitoring Department in implementing the LARP. Due to the small number of AFs, the project organization for resettlement has been limited to the PMU, the District Barki Tojik offices, the Aps themselves, with the Hukumat officers performing their land planning duties and acting as advisor and advocate for AFs as required. The AFs are represented in the process and two representa­ tives are full members of the District Commissions for Valuation of Losses and Compensation for the Kairakhum­Asht project.

76. In January and February 2014, BT, with assistance of the contractor (who was responsible for assessing the land plots required and identifying the land usage title owners) and the Hukumat, continued to finalize agreements with the AFs on the compensation amounts due to them. Until end of February 2014, Barki Tajik physically delivered compensation to the AFs through its cash desk. BT continued to monitor the timely payment of compensation and its proper docu­ mentation too, and did not approve construction commencement until compensa­ tion was completed and land area appropriately “vacated” or compensated for. An account of this process, including amounts disbursed and verification of receipt by APs, will be an integral part of the PMU’s internal monitoring report.

8.2 Barki Tojik’s Institutional Capacity Building in Resettlement

77. BT has a Project Management Unit (PMU) to deal with the implementa­ tion of projects funded by ADB and other donors. To date, the PMU has been responsible inter alia for the Power Rehabilitation II project. Resettlement activi­ ties are the responsibility of the PMU, with particular assistance of the Monitoring Department which belongs to BT’s PMU. Key capabilities and activities of the Department are social impact assessments, environmental impact assessments, initial social and environmental examinations, and other monitoring, auditing, and associated project studies.

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78. Although some of the members of the Monitoring Department formerly received some training, theoretical and practical experience in socio­economic investigations and surveys is limited. In addition, the Department and other PMU staff members have only limited experience in carrying out land acquisition and impact compensation/rehabilitation programs based on international standards. For this reason, the Project Management Consultant has carried out short work­ shops and on­the­job capacity building training sessions for the responsible PMU staff members in preparation for LARP implementation. The on­the­job capacity building training has so far included:

­ Definitions, principles and procedures of land acquisition; ­ Public consultation and participation methods (including data collection requirements); ­ Liaising with Hukumat and Jamoat level representatives; and ­ Entitlements and compensation and assistance disbursement mechanisms.

Other local stakeholders such as the members of the Commission for Valuation of Losses and Compensation also received training prior to the start of their work in November 2013. A training session in Sughd for the two concerned Rayons took place with the acceptance of the engineering design of the final HVTL by Barki Tojik, i.e. approximately three months before the assessment of losses and com­ pensation requirements.

8.3 Resettlement Database

79. The PMU office in Dushanbe has computerized all information concerning land acquisition, socio­economic information of affected land and other assets structures, inventory of losses of individual APs, compensation and entitlements, payments and relocation. This database constitutes the basis of information for implementation, monitoring and reporting purposes and facilitates efficient resettlement management.

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9. Compensation Budget

80. Funds for the implementation of the LARP are part of the overall project budget. The budget indicated initially (i.e. 2012 with approx. 30 towers sched­ uled) in this LARP was based (i.) on a preliminary calculation of the number and type of transmission towers to be constructed and on the estimated market price rates in 2012 of major crops grown in the two Hukumats traversed by the trans­ mission line. The results are shown in Table 26A.

The cost of LARP implementation was (ii.) finalized after the elaboration of the final engineering design by the contractor (December 2013) in early 2014 and after all assessments of losses and payment of compensation in March 2014. These final figures are shown in Table 26B.

9.1 Permanently Acquired Land

81. The proposed project will permanently acquire 1,770 m2 for the foundation of 6 corner towers and 14 (+ 2) suspension towers to be constructed on cultivated lands of private individuals or households and of one government farm. The users of these permanently acquired plots have received a compensation payment for loss of land use rights based on the yearly potential produce of the land at market rates for five years. The term “potential produce” refers to the produce of the land based on the crop cultivated on it, regardless of whether the land is fallow or planted at the time of the final survey.

82. Loss of land use rights: In the first final draft of the LARP the amount of the rehabilitation allowance for the AFs for losses of usage rights for lands permanently lost (fruit trees and grapevines cut down are also considered as permanent losses due to the fact that they have to be re­planted, with their first harvest starting 3­4 years later for grapes and seven years later for apricots) through the construction of the transmission towers has been estimated at between TJS 409,257 and TJS 412,413 according to a simulation based on the findings from the assessment of November 2011 (see tables 25 and 26 below).

Estimates of the final losses were made in February 2014 using the results of the Detailed Measurement Survey after the agreed engineering design. These esti­ mates were already based an accurate placement of the towers for which, in order to avoid substantial damage to the affected farms, alternative routes were identi­ fied in 2013 thus changing the initial plans. These changes resulted in the identifi­ cation of only 20 (+2) towers which will be constructed on cultivated land (instead of approximately 30 in the initial plans).

Table 25: Compensation Details Areas affected by line Compensation for crops Compensation for crops non-permanent permanent 800 m rice fields 1 year 5 years 600 m wheat, onions, 1 year 5 years etc. 2,500 m grapevines 3.5 + costs 3.5 + costs

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Areas affected by line Compensation for crops Compensation for crops non-permanent permanent 1,400 m apricot 7 + costs 7 + costs gardens Total: approx. 5,300 m Costs for grapevines Costs for grapevines 3 TJS / seedling 3 TJS / seedling 2 TJS x 3.5 years inputs = 7 2 TJS x 3.5 years inputs = 7 TJS TJS Costs for apricots Costs for apricots 5 TJS / seedling 5 TJS / seedling 3.5 TJS x 7 years = 24.5 TJS 3.5 TJS x 7 years = 24.5 TJS

83. Calculation of Losses for Compensations: Losses of crops Compensation for cash crops found during the survey on lands to be acquired for tower footings is determined by multiplying the estimated yield on these lands by the market value of the produce at 2010­2012 prices and again multiplying the result by 5. The inquiries for the update of this LARP in January 2014 so far have not resulted in substantially different figures. Where required, prices have been updated, e.g. for grapes, which rose from TJS 3 to TJS 5.

Losses of apricot trees Compensation for fully­grown apricot trees is calculated by multiplying the market value of the produce from each tree during the previous year by 7 years. This is the time a newly planted apricot seedling would take before it can bear fruits. On the other hand, compensation for apricot trees which are not yet bearing fruits could be calculated by multiplying the cost of production (i.e. inputs and labor) on the land for one year by 3.5 years (the average age of the trees) plus cost of seedlings. Compensation for apricot trees which are less than one year of age is calculated by adding the cost of production (i.e., inputs and labor) on the land for one year and the cost of seedlings.

A one­hectare plot of land has an average of approximately 300 apricot trees, while the costs of one apricot seedling are TJS5. Apricot trees bear fruits once a year, and the average yield of a one hectare of land with apricots is about 10,500 kg with a market price of TJS 1.5 per kg. However, the survey of November 2011 indicated that almost all affected apricot trees are fruit­bearing, so that the lower compensation rate would not be applicable. This has been confirmed by the Detailed Measurement Survey. In order to avoid disputes during assessment of losses and as a basic compensation principle, this LARP considers all apricot trees as fruit bearing.

Figures in tables 26A+B for apricot trees include all losses (i) for towers, (ii) for construction sites, and (iii) for stringing.

Losses of grape vines

6793A04/FICHT­13668589­v1 9­2

Compensation for affected grape vines, which in the project area are all fruit­ bearing, is calculated by multiplying the market value of the produce from the land during the previous year by four years. This is the time a newly planted grape wood pile (cutting from mature vines for replanting) would take before becoming a fruit­bearing vine. On one hectare of land approximately 1,650 grape vines can be planted, and the cost of one grape seedling is TJS3. Grape vines bear fruits once a year, and the average yield of a plot of one hectare of land is about 8,000 kg with a market price of TJS 5.0 per kg.

Figures in tables 26A+B for vines include all losses (i) for towers, (ii) for con­ struction sites, and (iii) during stringing.

Table 26A: Compensation Payments (in TJS) for Permanent Acquisition of Land* (estimates 2012) Total Average Volume of Unit Rate Compensa- Area / Yield (kg) Crop Lost (TJS) per tion Number per in one Kilogram Payment A Annual Crops Required Cropping Cropping (2010/2012) base on (m2)+ per Hectare (kg) ** 5/7/3.5 Year Yields in TJS Rice 200 3,000 60 4.5 1,350 100 2,500/37,50 25/375 1.0/1.75 125/3,281 Wheat/Onion 0 Lucerne (instead of 100 35,000 350 1.0 1,750 wheat/onions) B Perennial crops

Apricots*** 282 trees 10,500 9,870 3.0 207,270 Seedlings / input costs 8,320 apricots 3,157 8,000 15,304 3.0 160,692 Grapes*** vines = 1.913 ha Seedlings / input costs 31,500 grapes (cf. Table 25) Additional costs for losses from access to construction sites for apricots and grapes 409,257 – Total 412,413 + With a tolerance band of 50% included (all towers calculated as angle towers). * If the land is used temporarily for construction and stringing, for apricots and vines the losses in the estimates are also calculated also as “permanent” as the trees/vines have completely to be removed. ** Average price from three enquiries 2010, 2011 and 2012. *** Based on fully productive trees.

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Table 26B (compare Table 5A): Crops affected on Permanently Acquired Land Total Average Volume Unit Rate Number Cost of area yield (kg) of crop (TJS) per of trees, Apricot affected per lost (kg) kg (end of seedling, seedling Crop/Perennial (m2) cropping 2013) or vines* (TJS) per ha or (end of per tree 2013) Rice 393 6,000 1,175 3.0 ­ ­

Wheat 132 4,000 260 2 ­ ­

Corn 128.5 5,000 182.1 2 ­ ­ Fruit­bearing 911 50 1.200 1.5­2.0 24 8 apricot Grape 225 5 1,350 5.0 51 3 Compensation in TJS

Crop/Perennial Amount

Rice 4,230

Wheat 624

Corn 771

Fruit­bearing 16,930 apricot Grape 15,300

Total 37,555

9.2 Compensation for Crops Affected by Temporary Land Occupation

Introductory remarks: The update of the LARP in January 2014 went parallel with the finalization of the Detailed Measurement Survey and the work of the Commis­ sion for Valuation of Losses and Compensation. Until early January 2014, mainly the permanent losses were identified. Temporary losses from work sites around the towers have been identified and recorded after the DMS. However, there is still a need for compensation of the temporary losses which may result from stringing. Hence, detailed figures in this chapter which explain the compensation process are not yet completely final figures. This is especially true for paragraphs 85 to 88. The value of losses from damages by stringing has been considered to be under 25% of “contingencies” of the net amounts. In addition, this LARP provides an “emergency fund” of TJS 40,000 for unpredictable damages.

84. Deducting the area of land that will be required permanently for the foundation of corner and suspension towers (i.e., 2,770 m2), workspace of 600­ 2,100 m2 per tower for construction will be required. Because of this, approxi­ mately 20,000 m2 of farmland will be additionally impacted temporarily for one cropping season during the construction of 6 corner towers and 14 (+ 2) suspen­ sion towers on cultivated lands (if the construction work will be done only or mainly during the cropping season).

6793A04/FICHT­13668589­v1 9­4

Likewise, during the stringing of the towers, additional land for a lane of two to four meters between the 22 towers on cultivated land will be used as an access road and might also be impacted temporarily. In reality, parts of the stringing work will be done on existing earth paths and on land between fields which is not under crops (mainly near to Asht). Consequently, estimates of 11,000 to 22,000 m2 which may be damaged are high (to be on the safe side). Actually, Barki Tojik engineers report that their firms do stringing in orchards without any cutting of trees.

Table 27A: Compensation Payments (in TJS) for Temporary Acquisition of Land (assessment 2012): Total Area Average Volume of Unit Rate Compensation / Number Yield (kg) per Crop Lost (TJS) per Payment base A Annual Crops Required Cropping per in one Kilogram on 5/7/3.5 (m2)+ Hectare Cropping (2010/2012)** Year Yields in (kg) TJS Rice 4,200 3,000 1,260 4.5 5,670

Wheat/Onion 3,300 2,500/37,500 825/12,375 1.0/1.75 825/21,656 Lucerne (instead of 3,300 35,000 11,550 1.0 11,550 wheat/onions) Total 18,045 – 38,876 * With a tolerance of approx. 10 % included

The DMS and the assessment of losses and compensation payment process of February 2014 have resulted in slightly lower figures. However, these figures are now based on the crops actually planted in 2013, which allows the data to be considered final:

Table 27B (compare Table 5B): Crops affected on Temporarily Required Land Total Average Volume Unit Rate Cost of area yield (kg) of crop (TJS) per Apricot affected per lost (kg) kg (end of seedling Crop/Perennial (m2)* cropping 2013) (TJS) per ha or (end of per tree 2013) Rice 3,916 6,000 3,883 3.0

Wheat 1,644 4,000 657 2.0

Corn 3,299 5,000 1,650 2.0

Fruit­bearing 7,784 50 1,200 1.5­2.0 8 apricot Grape/vines 3,071 5 1,350 5.0 ­

Other 1,074 ­ ­ ­ ­ Compensation in TJS

Crops Amount

Rice 8,985

6793A04/FICHT­13668589­v1 9­5

Wheat 3,310

Corn 4,915

Apricots 19,940

Grape/vine 35,570

Other 1,035

Total 73,755 * The area affected does not correspond exactly with the cropping area affected

85. Crops (cereals and onion) and trees (apricot and grape vine) grown on these temporarily impacted land will be damaged or cut, as in the case of trees, during the construction and stringing of the towers. In total, 8,860 m2 of cropping areas (without trees/grapevines) will be affected. Compensation for the trees is already calculated in tables 25 and 26 and included in the cost estimates. Total losses amount to the value of approximately TJS 17,210 (without trees/grapevines, which are treated as permanent losses even if damages do not reach the estimated figures).

86. To some extent concrete columns for grapevines with its galvanized steel wire D 4 mm and to a very little extent metal enclosure / wood fences would be damaged. In the updated LARP of January 2014 it was still assumed that in up to 10 cases miscellaneous trees could also be damaged/cut. The value (mainly firewood) of one tree is estimated at 500 TJS. The DMS proved that these latter damages could be completely avoided. Only about 140 concrete columns would require replacement for an amount of approximately TJS 10,780 so that the total costs for such additional damages will not exceed TJS 18,000.

87. Damages with regard to lanes/streets, irrigation and drainage channels, etc., will not be part of the compensation payments to the AFs as such works will be done by the construction company itself.

88. Land which does not comprise an individual or collective usage right title will not be compensated under the LARP.

Table 28: Estimated Additional Costs Item Quantity Unit Cost/TJS Total Costs Concrete columns for vine 140 pc. 77 10,780 Galvanized steel wire D 4 3,430 0.7 2,400 mm Metal enclosure ­ ­ ­ Wood fence ­ ­ ­ Total 13,180

9.3 Assistance to Affected Vulnerable AHs

89. The socio­economic survey of households with farmlands inside the preliminary TL alignment identified one household which was headed by a

6793A04/FICHT­13668589­v1 9­6

woman. It has been estimated that up to 15% of the affected households might belong to this group. Consistent with the entitlement matrix that mandate the granting of an additional allowance to vulnerable AF equivalent to plus 25% the market value of gross produce on the affected land, the average vulnerable household should get a cash assistance of between TJS 14,343 and TJS15,243 (cf. Table 29) 14,343 – 15,243.

Table 29: Cash Assistance to Vulnerable AF (in TJS) Products Compensation in TJS

Rice 263 Wheat/onions 36/936 Lucerne 499 Apricots crops 6,026 Apricots seedlings/ inputs 312 Vine crops 6,026 Vine seedlings/inputs 1,181 Total 14,343 – 15,243

However, the enquiries during the Detailed Measurement Survey did not identify a single vulnerable household. Also the external monitor did not discover a fundament mistake in the classification of the hh so that no budget for cash assistance to vulnerable hh will be required accordingly.

9.4 Income Restoration Program

90. No income restoration program is provided because there are no AFs that would be severely affected by the loss of their productive assets and income sources. If 169 m2 for a tower is taken as the maximal permanent land require­ ment, with an average land use right title of one hectare by the affected household, losses would amount only to about less than two percent of the total land holding.

9.5 Estimated Costs of Land Acquisition and Resettlement

91. The estimated cost of the compensation payments to the AF, including contingencies, external monitoring and management costs during LARP imple­ mentation has been estimated in the first draft of this LARP in 2012 at TJS 612,260 – TJS 739,841 (approximately US$ 126,240 – US$ 152,545). The Table 30 below gives a breakdown of this amount.

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Table 30: Summary of Land Acquisition Costs (2012) Amount Items (TJS) Compensation payments to AFs for permanent losses of land for tower foundation Compensation payments for damaged crops during tower construc­ 453,303 – 477,289 tion and stringing Compensation for cut trees and grape vines during tower construc­ tion and stringing Assistance to vulnerable AFs (poor and female­headed) 14,343 ­ 15,243 Subtotal 467,646 –492,532 Contingencies (15%) 70,147 ­ 73,880 TOTAL DIRECT COST 537,793 – 566,412 External monitoring (12% on total direct costs) 64,535 – 67,969 Subtotal 602,328 –634,381 Management cost (12% on total) 72,279 – 76,126 GRAND TOTAL COST (rounded) 674,607 – 710,507

Due to the policy of BT and ADB to avoid substantial damage to the affected farms, the line corridor has been slightly modified in various locations; and by comparison with the initial line design, much less land will actually be affected. Based on the results of the Detailed Measurement Survey and taking into account the estimates of damages and the fixing of the compensation payments new, more or less final, figures can be provided which are already based on accurate place­ ment of the remaining 13 towers, which will be constructed on cultivated land. During the DMS it was also possible to identify the locations for work camps and to assess the probable damages resulting from stringing. Consequently, new estimates for land acquisition costs could be elaborated that are much lower than the costs in the initial appraisal (cf. Table 31).

Table 31: Summary of Land Acquisition Costs (Revised) (2014) Amount Items (TJS) Compensation payments to AFs for permanent losses of land for tower foundation (TJS 37,555) Compensation payments for damaged crops and for cut trees and 124,490* (124,603) grapevines during tower construction and stringing (TJS 73,755) Additional costs e.g. for concrete columns (TJS 13,180) Assistance to vulnerable AFs (poor and female­headed) 0 Subtotal 124,603 Contingencies (25%) mainly for damages from stringing 31,150 TOTAL DIRECT COST 155,754 External monitoring (12% on total direct costs) 18,690 Subtotal 174,444 Management cost (12% on total) 195,377 Reserve budget for stringing 40,000 GRAND TOTAL COST 235,377 * Slight difference to the findings from the cost calculation of attachment E­3 (TJS 124,603 = final results of DMS and compensation agreements) due to rounding up or down

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10. Implementation Schedule

92. Barki Tojik will not allow construction activities in specific sites of the alignment to begin until land acquisition and payment of compensation and cash assistance have been satisfactorily completed, and the site is free from encum­ brances.

Table 32 shows the implementation schedule in its relative time order. The absolute dates will be inserted if the deadline for the start of the engineering design can definitively be provided.

Table 32: Implementation Schedule for the Land Acquisition and Compensa- tion Procedure Date and Period Activities Results Implementation of Time* Status on April 10th Day of start of ­ Contractor starts final ­ Some hundreds of Done final line design identification of HVTL leaflets distributed to Estimated 90 with definite location of the population along days towers the planned HVTL ­ Contractor distributes ­ All forms information leaflets to (attachment 1 part 1 all possibly affected of Implementation households Manual) are signed ­ Detailed assessment of by representative of areas required on a AFs and of permanent base and of contractor and send temporary losses of to the project crops Commission for Valuation of Losses ­ Identification of all and Compensation affected land owners or land use right holders by contractor (with support of Jamoat and collective farm representatives) ­ Agreement upon identified land sizes by representatives of affected households and contractor and affirma­ tion of usage rights by Afs

Day of accep­ ­ Commission for All forms (attach­ Done tance of final Valuation of Losses and ment 1 part 2 of the HVTL design of Compensation starts Implementation contractor by working in both Manual) are signed PMU concerned Rayons by representative of Estimated 60 ­ Land sizes required are AFs and of commis­ days to be confirmed and sion and send within valuation of compensa­ 5 days to Barki Tojik tion payments arranged PMU via the Rayon Hukumat

6793A04/FICHT­13668589­v1 10­1

Date and Period Activities Results Implementation of Time* Status on April 10th Day of getting the ­Barki Tojik (PMU) and The payment orders Done documents from working group (Moni­ by PMU are Hukumats tor, PMU resettlement delivered Estimated 30 specialist, ADB days representative) check all documents ­ PMU assigns payment either directly from fund­in­trust or via Ministry of Finance

5 days after ­ Affected households All affected Done after money transfer are informed they can households confirm adjustment of list of from collect their compensa­ with their signature affected people, PMU/Ministry tion money that payment has repayment of Estimated 15 been made according wrongly addressed days to the agreements hh and payment to the actually affected hh

20 days after ­ External Monitor No complaints have So far (April 10th) no money transfer checks payment to the been raised and no complaints pending Estimated 10 affected households by irregularities reported days Jamoat level meetings

Subsequently ­ Monitor prepares short Report handed to report with the recom­ PMU mendation to start the construction work

Subsequently ­ PMU sends Monitor Report handed to report to ADB ADB * The periods mentioned are maximal spaces of time and should be reduced wherever possible.

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11. Monitoring and Evaluation

93. The implementation of the LARP will be monitored regularly to help ensure that it is implemented as planned and that mitigation measures designed to address the Project’s adverse social impacts are adequate and effective.

11.1 Internal Monitoring

94. Internal Monitoring is conducted by the PMU. Internal Monitoring and Evaluation (M&E) reporting will cover the following: ­ Compliance with land acquisition and resettlement compensation policies; ­ Adequacy of the organizational mechanism for implementing the LARP; ­ Fair and judicious handling of complaints and grievances; ­ Compensation payments to AFs made as mandated by the LARP; and ­ Success in restoring the AF’s incomes to pre­project levels.

95. Internal monitoring is carried out on a monthly basis and will be reported to ADB on a quarterly basis until the end of the compensation and rehabilitation process. The PMU will be responsible for determining if any follow­up actions are necessary and ensuring these actions are undertaken.

96. Prior to the delivery of compensation payments to the AFs, the PMU will announce the compensation dates, including a detailed compensation schedule community by community. No construction in the affected areas will commence until the payment of compensation has been fully completed.

11.2 External Monitoring

97. Barki Tojik has hired an External Monitoring Agency (EMA) to carry out external monitoring and post­implementation evaluation of land acquisition and resettlement. Barki Tojik has approved and adapted the terms of reference (TORs) for the EMA (cf. attachment C as an example of TORs for the EMA). The TORs for the EMA and the selection of the monitor have gained the prior consent of ADB. As it was recommended the monitor was sourced locally (i.e., within Tajikistan). The EMA has provided Barki Tojik and ADB with one report ad­ dressing the following topics: ­ Baseline and Inception Remarks, ­ Payment completion report (one for both hukumat) – submitted to Barki Tojik and ADB after delivery of compensation payments has been completed in each Hukumat. The payment completion report focused particularly on: o A description of monitoring and evaluation activities; o A report on implementation of all aspects of the LARP; o Citing deviations, if any, from the provisions and principles of the resettlement policy specified in the LARP; o Identification of problems, issues and recommended solutions; and, ­ Description of findings in relation to whether the project activities have been completed as planned and budgeted, and recommendations, timetable and budget for addressing outstanding problems.

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The post­resettlement implementation evaluation study one year following completion of resettlement in the Kayrakum­Asht transmission line will be elaborated in future (if required). As no resettlement is expected so far, instead of the post­resettlement implementation evaluation study a comprehensive report on all expected and unexpected damages resulting from civil works and on all appropriate rehabilitation measures should be presented.

6793A04/FICHT­13668589­v1 11­2

12. Attachments

12.1 A. Route Map Northern Line

12.2 B. LARP Implementation Manual

12.3 C. Results of Line Assessment with Photo Documentation

12.4 D. Model Terms of Reference for External Monitor

12.5 E-1. Survey of Affected Households of 12-2013

12.6 E-2. Preliminary Results of Detailed Measurement Survey

12.7 E-3. Final Results of Detailed Measurement Survey and Compensation Agreements

12.8 F. Due Diligence Report of April 2014

12.9 G-1. Boymirzoev.R

12.10 G-2. Boymirzoev M

12.11 G-3. Abdukarimov.S

6793A04/FICHT­13668589­v1 12­1

Attachment A Route Map Northern Line

6793A04/FICHT­13668589­v1 AP 16

Desert

Desert

Desert AP10 AP 15

Road Khujand to Adrasman Desert

Desert Desert Desert

AP 14 Desert AP 13 Desert 110 kV Line River Desert

110 kV Line11 kV Line 33 kV Line 11kV line Road to Adrasman AP 9A

TRACK Desert

AP 9 Desert

Track AP 12 Canal

Grape Garden Grape Desert LT Line

Track

AP 8 Grape Garden Grape Car Track 11 kV Line LT Line

Desert

Road to Kayrakum Khujand

Grape Garden Desert

Road to Asht

11kV Line AP 11 AP 7

Peach Garden Canal Desert

Canal

Peach Garden

Cultivated land AP 6 AP 5 Water way Desert

110 kV existing line

Desert AP10

Road Khujand to Adrasman

Kayrakkum River

Cultivated land

AP 4 Desert AP 3

LTTraining centre Line demo line Trainin centre Boundary wall

Training centre demo Tower

Car Track 110 kV existing line

110 kV Line 11kV line AP 2 AP 9A AP 1 110 kV existing line

TT TRACK

Gantry Kayrakkum AP 9 Desert

Track

Canal Grape Garden Grape

LT Line

Track

AP 8 Grape Garden Grape Car Track 11 kV Line LT Line

LEGENDS : ­ 4 Route is modified between AP6 to AP10, AP18 to AP19 & 23.09.13 P.S.C M.B.N Category Status Project Document (CSD) No. Revision First Issue Date AP20 to AP22. W _ 2 3 5 _ K JC _ DE _ 0 2 0 1 4 1. LINE ROUTE WITH 50m CORRIDOR ­ The Employer 29.07.2013 3 Route is modified between AP20 to ASHT End. 06.09.13 P.S.C M.B.N OPEN STOCK HOLDING POWER COMPANY DOCUMENT TITLE: 2. ANGLE POINT ­ "BARKI TOJIK" DRAWN BY BHAUMIK 23.09.13 ROUTE ALIGNMENT DRAWING 2 Route is modified between AP20 to ASHT End. 23.08.13 P.S.C M.B.N 3. ROAD CROSSING ­ The Consultant DESIGNED BYAJAY 23.09.13 OF FICHTNER CONSULTING ENGINEERS 4. RAILWAY CROSSING ­ 1 REVISED AS PER THE CONSULTANT COMMENT. 05.08.13 P.S.C M.B.N CHECKED BYP.S.C. 23.09.13 KAYRAKKUM TO ASHT S/S

5 EXISTING LINE CROSSING ­ The Contractor 220 kV S/C TRANSMISSION LINE APPROVED BYM.B.N. 23.09.13

­ FIRST ISSUE 29.07.13 P.S.C M.B.N For Approval For Re­Approval For Information Approved Document As Built Document Approved Revised Not Approved 6. BUILDINGS ­ Kalpataru Power Transmission Ltd. KPTL DOC NO. SHEET NO. Revision Description Date Checked Approved X X SCALE 1 cm : 250 meter 235 / ROUTE­1 1 OF 2 AP 24

car trackcanal TT car track Peach 11kVGarden Line Apricot Garden Asht AP 23B Gantry

AP 21 AP 23A Desert Desert

Rod to shaydin village

Desert Desert AP 20 Desert AP 23

Desert Desert AP 22 110 kV Existing Line

110 kV Existing Line Desert

Desert

Desert

Desert

AP 19 Road to adraman

Desert

Desert

Desert

Desert

AP 18A Desert AP 18

Desert

Telephone line

Desert

AP 17 Kayrakkum Asht Main Road

Desert

Desert

AP 16

Desert

Desert

LEGENDS : ­ 4 Route is modified between AP6 to AP10, AP18 to AP19 & 23.09.13 P.S.C M.B.N Category Status Project Document (CSD) No. Revision First Issue Date AP20 to AP22. W __2 3 5 KJC _ DE _ 0 2 0 1 4 1. LINE ROUTE WITH 50m CORRIDOR ­ The Employer 29.07.2013 3 Route is modified between AP20 to ASHT End. 06.09.13 P.S.C M.B.N OPEN STOCK HOLDING POWER COMPANY DOCUMENT TITLE: 2. ANGLE POINT ­ "BARKI TOJIK" DRAWN BY BHAUMIK 23.09.13 2 Route is modified between AP20 to ASHT End. 23.08.13 P.S.C M.B.N ROUTE ALIGNMENT DRAWING 3. ROAD CROSSING ­ DESIGNED BY AJAY 23.09.13 OF FICHTNER CONSULTING ENGINEERS 4. RAILWAY CROSSING ­ 1 REVISED AS PER THE CONSULTANT COMMENT. 05.08.13 P.S.C M.B.N CHECKED BY P.S.C. 23.09.13 KAYRAKKUM TO ASHT S/S

5 EXISTING LINE CROSSING ­ The Contractor 220 kV S/C TRANSMISSION LINE APPROVED BY M.B.N. 23.09.13

­ FIRST ISSUE 29.07.13 P.S.C M.B.N For Approval For Re­Approval For Information Approved Document As Built Document Approved Revised Not Approved 6. BUILDINGS ­ Kalpataru Power Transmission Ltd. KPTL DOC NO. SHEET NO. Revision Description Date Checked Approved X X SCALE 1 cm : 250 meter 235 / ROUTE­1 2 OF 2

Attachment B LARP Implementation Manual

6793A04/FICHT­13668589­v1 Attachment B:

Regional Power Transmission Project: Land Acquisition and Resettlement Plan

LARP Implementation Manual

Barki Tajik (BT) Republic of Tajikistan

Dushanbe September 2013 Content

Abbreviations and Local Terms: 2 Foreword 3 § 1 Philosophy of Project 4 § 2 Principles for Land Acquisition and Compensation 5 § 3 Obligations of All Concerned Parties 10 § 4 Commission for Valuation of Losses and Compensation (CVLC) 14 § 5 Modalities and Periods of Payment 16 § 6 Grievance Redress Mechanism 17 § 7 Implementation Schedule for Land Acquisition 20 Attachment 1: Forms 21 Attachment 2: Price Lists 27

6793A04/FICHT­13668589­v1 1

Abbreviations and Local Terms:

ADB Asian Development Bank AF affected family/families AP affected person/s AH affected household/s BT Barki Tajik CBO Community Based Organization CVLC Commission for Valuation of Losses and Compensation DMS Detailed Measurement Survey EMA External Monitoring Agency Hukumat administration of Rayon HVTL High Voltage Transmission Line IOL inventory of losses Jamoat Local government, rural administrative unit kV Kilovolt LA land acquisition LARP Land Acquisition and Resettlement Plan ME Ministry of Energy NGO Non Governmental Organization Oblast Region PMU Project Management Unit (of Barki Tajik) Rayon District sqm square meter

6793A04/FICHT­13668589­v1 2

Foreword

This Implementation manual is an add­on for and a specification of the Land Acquisition and Resettlement Plan (LARP) for the Kairakhum ­ Asht 220 kV Transmission Line Project and for the corresponding Geran – Rumi Line Project. The Manual aims at providing condensed information for the regional and local stakeholders on the philosophy of the project and the principles for permanent and temporary land acquisition and all compensation for losses during and after the construction of the transmission line. The Manual summarizes the obligations of all stakeholders within the land acquisition and compensation process and it describes the main steps regarding (i.) the identification of permanent and temporary land requirements, (ii.) the assessment of the temporary and permanent losses, (iii.) the valuation of all types of losses, and (iv.) the procedure by which the affected household will get their compensation payments. In the attachment there are forms which will be used for these four steps of the identification of losses and compensation process. All stakeholders are kindly requested to work though this manual before initiating the valuation of losses and compensation process.

6793A04/FICHT­13668589­v1 3 § 1 Philosophy of Project This LARP is based on the results of the inventory of losses (IOL) conducted in March 2010 and the additional assessment of November 2011 using the 50 m wide right­of­way (ROW) of the preliminary alignment of the Kairakhum­Asht TL and the Geran – Rumi TL agreed upon by the IE and feasibility study consultants. The key objective of this LARP is to provide an effective, practical guideline for BT PMU and the Project Management Team to implement the land acquisition and compensation processes according to a purpose­made sound planning principle and the requirements of the current prevailing legal norms of Tajikistan and in compliance with ADB guidelines. To ensure that impact data are updated based on the final design and that AF are fully compensated and/or rehabilitated before their land is taken for construction purposes, two basic project implementation conditions related to this LARP are provided as follows:

1. LARP implementation: Conditional to the update of the draft LARP based on detailed design, updated data on AF/AP and costs, to ADB and Government approval of the updated LARP, and to the mobilization of an independent monitoring agency;

2. Provision of no objection to the initiation of civil works in areas with impacts: Full delivery of the compensation/rehabilitation program detailed in this LARP based on proof provided by a compliance report prepared by the external monitoring agency (EMA). No civil works can start before full compensation payments according to the procedure as being described in this manual.

3. Great care is taken to prevent grievances. This will be done through careful land acquisition design and implementation, by ensuring full AF participation and consultation, and by establishing extensive communication and coordination between the community, the PMU and the local governments.

6793A04/FICHT­13668589­v1 4 § 2 Principles for Land Acquisition and Compensation 2.1 The basic compensation/rehabilitation principles set in the Land Acquisition and Resettlement Plan (LARP) as established by Barki Tajik (PMU) according to ADB safeguards are: (i) Land acquisition (LA) will be avoided or at least minimized wherever possible: - a strategy to avoid land acquisition (i.e. of agriculturally used land and land with houses or other buildings) is to use, for the construction of towers, either

 barren lands,  dead spaces on hills, or  untilled state owned land along channels and roads,  etc. - if land acquisition cannot be avoided an adapted strategy is to use the land with the lowest value, i.e.

 pastures instead of rain fed land,  rain fed land instead of irrigated crop land,  irrigated crop land instead of orchards,  etc. (ii) No constructions will be demolished and households resettled wherever possible: - possible in this context means that detours by constructing additional corner towers and/or suspension towers can be made in order to avoid damages of houses and other economically valuable or culturally important properties. - If settlements or other buildings are completely blocking up the scheduled line corridor, the renouncement of demolishing any property might not be possible. In such cases, the contractors will strive for the lowest possible damage. For example, a final line corridor will be selected where

 stables, adjoining buildings, storages buildings, etc. can be demolished instead of houses,

 walls and fences instead of constructions of higher value can be dismantled. (iii) Compensation will ensure the maintenance of the affected people’s (AP) pre­project living standards: - The pre-project living standard is related to all material and immaterial properties, and all sources of income which might be temporarily or permanently lost, etc. The latter may include:

 a shop which could have no access for a limited period of time,  a workshop which may stop running for a few days during civil works,

6793A04/FICHT­13668589­v1 5  a person from the affected household which might be impeded to work for some days during demolishing and reconstruction of his stable or other buildings, etc. - In cases, related to all material properties the claim for full compensation does not depend on formal ownership titles (cf. vii.).

Picture 1: An old and abandoned former Sovkhoz building might be used instead of inhabited houses. Picture 2: Instead of the private houses in the background the field with just some single trees (to be cut down) should be used for the high voltage transmission line (HVTL).

(iv) AP will be fully informed/consulted on compensation options:

­ Priority is given by the LARP for compensation in cash. This is related to land and all constructions and other properties.

­ In some specific situations it might be possible that compensation could also be provided in kind, e.g. land for land, but this is only possible where land which does not belong to private people or a former Kolkhoz exists. (v) AP’s socio­cultural institutions will be supported/used:

­ In order to facilitate negotiations, local Aksakal, representatives of the Mahalla committees or board members of NGO may support the land acquisition and compensation process.

­ Both parts, the affected hh and the project staff may apply to these institutions for assistance. (vi) LA provisions will equally apply to women and men:

­ According to the Tajik law women and men are equal. The project will insists that all women affected and all men affected will receive equal compensation for all losses.

­ It will not be accepted that other people than the affected women themselves get the compensation payment.

6793A04/FICHT­13668589­v1 6 ­ Immaterial losses and all losses with regard to income generating activities will be equally compensated even if they are based on informal businesses such as on women’s handicrafts as a secondary occupation. (vii) Lack of formal title will not be a bar to compensation/rehabilitation:

­ If one household does not have a formal land title but can prove that the household members use a certain area of land since years the land will be compensated if for example a tower will be constructed on the land or damages from stringing occur.

­ Attestation could be made by neighbours, the Mahalla committee, aksakal or other credible witnesses. (viii) Particular attention will be given to women­headed households and vulnerable groups:

­ All households with women at their head can apply for support regarding the entire land valuation and compensation process. A representative of the project will provide any assistance with regard to applications, all negotiations, using the grievance redress mechanism, etc.

­ The same is adaptable for vulnerable households (e.g. households without any people able to work, households with only elder people, households with only handicapped adults, etc.).

Picture 3: Such elder collective farm buildings should be no restraint for the line construction. However, claims of ownership or usage have to be checked out. Picture 4: Cemetries as religious sites and cultural heritage should be avoided while selecting the locations for HVTL towers.

(ix) LA will be conceived/executed as integral part of the project and LA budgets will be part of project costs. 1. All concerned parties included BT and PMU know that the LARP is an integrated part of the loan contract and that all provisions of the LARP have to be implemented according to the requirements.

6793A04/FICHT­13668589­v1 7 2. The costs for resettlement/all compensations will be part of the project budget. BT and PMU are aware that budgets for compensation should be available at short notice after the identification process of damages and losses.

Table 1: Eligibility / Entitlement Provisions Loss Type Entitled Entitlements Implementation Issues Persons I. Permanent loss Holder of all kind Compensation payment in cash Value of losses of land use rights of land use for loss of land use rights according to price list of certificates and equivalent to market value of attachment 2. users according gross produce of the affected land to common law multiplied by 5 years II. Loss of crops As above Crops affected by the towers and Value of losses by stringing or tower transport will according to price list of be compensated in cash at market attachment 2. rate Project will restore the land to its pre­ construction condition. III.Loss of trees Owners of Fruit bearing trees: compensation Value of losses affected trees in cash based on 1 year yield x according to price list of the number of years needed to re­ attachment 2. grow the tree at productive stage. Not yet productive fruit trees: compensation in cash based on inputs x year x average age of trees. Seedlings: based on seedling cost plus inputs x 1 year. Wood trees: cash compensation based on wood volume x market value of the wood. IV. Vulnerable Affected Additional cash allowance for households household transport costs, etc., lumped sum of 10% of the values under I­III

(x) Compensation will be fully provided prior to land occupation:

 This means that the contractor is not allowed to start construction works prior to the payment of all agreed compensation titles.

 This implies that all grievances are to be settled prior to the beginning of civil works.

 Only cases pending at court with regard to the level of compensation payment will not have an effect on the start of constructions works. In such cases, however, the compensation payment as determined by the Commission for Valuation of Losses has to be paid before stark of construction work.

2.2 Barki Tajik will guarantee the implementation of the compensation and rehabilitation framework as established by the Land Acquisition and Resettlement Plan (LARP).

6793A04/FICHT­13668589­v1 8 2.3 The LARP also sets the eligibility/entitlement provisions for the project’s impacts as detailed in table 1; cf. at the head.

Picture 5: The existing stable on the right side in the back of the courtyard is of low value. The house in the middle of the picture is already abandoned.

Picture 6: Close row of houses between scheduled routes BP933 to BP932 has led to the suggestion to built two additional angle towers and move the line corridor some hundred meter eastwards.

6793A04/FICHT­13668589­v1 9 § 3 Obligations of All Concerned Parties 3.1. Ministry of Energy: The Ministry of Energy (ME) will have overall responsibility for LARP preparation, updating, implementation and financing and will exercise its functions via the Project Management Unit (PMU) at Barki Tajik. The EA will report to ADB monthly.

3.2 Project Management Unit: At the PMU, LARP implementation tasks will be handled by BT­PMU Monitoring Department and the resettlement team. This team will collaborate with BT district offices and with the District governments (Hukumat) and the local administration Jamoat in the implementation of the LARP at the local level. To carry out activities in the field the Monitoring Department will liaise with BT’s district offices and mobilize their personnel as needed. The PMU will internally monitor and report to the EA on LARP implementation.

3.3 Contractor: After the final line survey by his agents, the contractor for the HVTL will identify all affected families and estimate the permanent and temporary land requirements. He will forward the information to the Hukumats and the Commission for Valuation of Losses and Compensation (CVLC). The contractor is obliged to carry out the land acquisition prior to construction and in full accordance with the LARP. In particular, the contractor will ­ identify the owner/land use right holders of the land for all o temporary losses from construction work, i.e.

. damages of crops and agricultural infrastructure such as  irrigation/drainage channels,  field paths,  fences,  walls,  etc.; . including all damages on areas required for the access to the  construction sites,  site camps,  storage sites of construction material; and

6793A04/FICHT­13668589­v1 10 1  all areas used for stringing ), o permanent losses; i.e.

. the land required for the high voltage line towers of  approx. 50 sqm for foundation areas of suspension towers; and  100 sqm for angle towers, . all properties in the stringing corridor which must be demolished in order to allow for construction work, and

. all buildings which have to be shifted due to the requirement of having a 50 m corridor (RAW); ­ notify the coordinates of the land, the full name of the owner and the size of the land for all areas of the same owner required on a permanent and/or temporary basis and send the document (see form 1 part 1 under attachment 1) with signature of the land owner / land use right holder to the Commission for Valuation of Losses and Compensation. For this task, the contractor will get the support of the local administration (Jamoats) and the Hukumat land department (see below). ­ Support the Commission for Valuation of Losses and Compensation during the valuation mission in the field (i.e. show the sites, provide information on civil works, etc.).

3.4 Hukumat of Rayons: Hukumat will support the contractor during the identification process of affected land owners. For example, the representative of the Hukumat land department will identify ­ individual land owners or owners of individual land usage right titles (where the land titles have already been assigned to individuals or members of family farms) or ­ collectives of land owners or collectives owners of land usage right titles (adaptable where former state farm land has not yet been distributed or been distributed to groups of individuals not belonging to one family). In such cases the legal representatives of the collective farms have to be identified, too. The Hukumat will provide, in case of disagreement, assistance to BT and PMU for finalizing agreements with the affected families (AF) on the compensation amounts due to them based on the agreements with the Commission for Valuation of Losses and Compensation. For payment of compensation adjudged by the Commission, two alternatives have been deliberated:

 The Hukumat will physically deliver compensation payments to the AF, and  BT will pay directly to the AF.

1 The ROW for stringing is four meters on average, this means 4,000 sqm per kilometer.

6793A04/FICHT­13668589­v1 11 According to BT and ADB, the second solution is favoured as easier, faster and more transparent. BT PMU­Evaluation Unit will monitor the timely payment of compensation and its proper documentation and will not approve construction commencement until compensation is completed and land area and crop damages are appropriately compensated for. An account of this process, including amounts disbursed and verification of receipt by AFs will be integral part of the PMU’s monitoring report.

3.6 Jamoats: Jamoats are official stakeholders of the Project. Jamoat agents will support the contractor during his identification work of the affected land owners or holders of land usage titles. One representative of the Jamoat (preferably its vice­chairperson) will join the CVLC.

3.6 Community Based Organizations: If deemed necessary during LARP implementation, these institutions may be joined in the execution of the needed activities by Community Based Organisations (CBOs) and/or Non Governmental organizations (NGOs). Such support could be relevant if

 If unexpected resettlement would yet be necessary,  If vulnerable households would require additional support.

3.6 Project Management Consultant During project implementation, the project management consultants will include in their team an international and a local resettlement specialist. The project consultants will assist in updating and implementing the LARP, including the delivery of compensation/rehabilitation provisions. They will provide training to PMU staff regarding the LARP implementation. In particular, the consultants will:

­ update the LARP with regard to most current figures (especially prices for agricultural products and all other materials which could be affected by the construction work),

­ contact and inform all relevant stakeholders about the project and the respective processes,

­ provide training with regard to the philosophy of the LARP and its principles,

­ support the establishment of the Commission (CVLC),

­ provide training and, in case of need, advice at any time of the process,

­ advise BT with regard to the various necessary steps,

­ etc.

6793A04/FICHT­13668589­v1 12 3.7 External Monitoring Agency: Due to the small number of AF, the project organization for resettlement has been limited to the PMU, the District Barki Tajik offices, the AP themselves, with the hukumat officers performing their land planning duties and acting as advisor and advocate for AFs as required. However, Barki Tajik will hire an external monitoring agency (EMA) to carry out the obligatory external monitoring and, in case of need, post­implementation evaluation of resettlement activities. The EMA will be hired by the BT PMU in time for LARP implementation. The EMA will conduct formal M&E activities until compensation payments are completed. Monitoring in this context means: ­ random review of detailed measurement forms (DMS) for correct inventory of assets and entitlements. This review is to cover 10% of all the DMS forms; ­ random review of entitlement and compensation documents to ensure that the assessment of compensation is based on the agreed entitlement matrix and that all entitlements have been accurately applied. ­ random review of status of affected households within the LAR impact areas. ­ evaluation of Delivery. The delivery of entitlements will be monitored as follows:

 field check, site visits coordinated with the resettlement activities that are taking place,

 assessment of the quality and timeliness of delivering entitlements; ­ evaluation of consultation and grievance procedures. Consultation and grievance procedures will be monitored to:

 assess whether grievance procedures are adequately implemented,  identify, quantify and qualify the types of conflicts and grievances (if any) reported and resolved; The EMA will also provide assistance when required to APs to address grievances, as required, and act as observers on the grievance procedure. Eventually, the EMA will be charged with the declaration of successful implementation and follow­up actions. The EMA will provide a report to: ­ confirm all compensation has been paid; ­ make recommendations for follow­up actions; and ­ identify lessons learned. Post­implementation evaluation of resettlement activities means that if, against all expectations, households will be physically resettled and the EMA will follow­up the resettlement. After completion of all resettlement activities, the EMA will assess, whether or not, the APs have fully been compensated and all possible grievances settled.

6793A04/FICHT­13668589­v1 13 § 4 Commission for Valuation of Losses and Compensation (CVLC) 4.1 One commission will be established for each of the two project areas, i.e. one for Sughd and one for Khatlon.

4.2 The Commission is responsible for ­ assessment of the area required for permanent and for temporary usage, ­ assessment of the value of the land and the crops including all trees according to the list under the LARP (cf. also attachment to this Manual), ­ preparation of the compensation document to be send to BT PMU.

4.3 The commission consists of the following seven persons: a) one vice chairperson of the Rayon administration (Hukumat), b) the representative of the Rayon land office or the Rayon architect, c) one representative of each Jamoat administration concerned ­ all Jamoat representatives are participating in the commission only in their affected area, d) one representative of a Community Based Organization (CBO) from one of the Jamoats concerned (preferably from a farmer’s organization), e) one regional representative of BT or a staff member of from the PMU M+E unit (resettlement officer), f) two representatives of project­affected families, one of whom should be representative of village women or vulnerable groups, will be invited to join the Commission for Valuation of Losses and Compensation. The Jamoat reprensentatives under c) will come from the following Jamoats: Sughd Oblast: (i.): Ispisor (ii.): Ismoil (iii.): Shodoba (iv.): Shaydon (v.): Pongoz Khatlon Oblast: to be added during Detailed Measurement Survey (i.): (ii.): (iii.): (iv.): 4.4 The commission works on a voluntary basis. Transport costs will be paid by PMU through the Rayon representatives or the M+E departments’ resettlement officer. For

6793A04/FICHT­13668589­v1 14 the work the members of the commission will receive a per diem of 15 TSJ per day. On request, there will be a compensation for phone calls, etc. All expenditure has to be approved in advance by the PMU.

4.5 Handling of the valuation process: ­ Step a) The commission will visit the affected areas together with the representative of the contractor after the final line design and the predefinition of the towers and the stringing corridors, ­ Step b) Together with the (previously invited) land owner or land usage right owner/s or the owners of any other property, the exact dimension of the losses will be determined and form 1 completed, ­ Step c) After agreement upon the dimension of the losses and the valuation the entire document (form 1 part 1 and 2 of attachment I) has to be send to BT PMU in Dushanbe.

6793A04/FICHT­13668589­v1 15 § 5 Modalities and Periods of Payment 5.1 Principles: a) Payment has fully to be accomplished prior to construction. No construction work can be initiated before full payment of agreed amount of compensation. b) Full payment can be testified by the affected land owner / his spouse or the representative of the land / property owner as documented in Form 1.

5.2 Procedures: a) Form 1 will be send to BT PMU and crosschecked. b) BT PMU will arrange the disposability of cash money for the compensation payments prior to the dates of the payoffs. c) After acknowledgement of the exact payment amount, BT PMU representatives or the regional BT representatives will pay the compensation money to the affected persons mentioned under 5.1b. If available, the payment can also be made by transfer to the bank accounts of the APs. d) After all compensation payments have been made, the external monitor will check the payments and send a confirmation letter to BT PMU. e) After reception of the confirmation letter, BT PMU will inform the contractor to start civil works. According to Tajik law, taking the case to court can be related only to the valuation of the losses and the determination of the level of compensation (payment). The question of the expropriation for the construction of a HVTL itself is not negotiable and a case in court cannot delay construction work. f) For case where the valuation results and the compensation proposals are pending at the court, BT PMU will reserve a certain amount of money to be able to pay for possible surcharges.

6793A04/FICHT­13668589­v1 16 § 6 Grievance Redress Mechanism 6.1 Great care is taken by the project management to prevent grievances. This will be done through careful land acquisition design and implementation, by ensuring full AF participation and consultation, and by establishing extensive communication and coordination between the community, the PMU and the local governments. This notwithstanding, complaints are sometimes unavoidable and a grievance mechanism is being adopted for the project to allow the APs the opportunity to appeal against any disagreeable decision, practice or activity arising from compensation/rehabilitation process. Efforts to make APs fully informed of their rights and of the procedures for addressing complaints will continue during the updating of the LARP and at the time of valuation of losses and the assessment of compensation requirements.

6.2 The grievance mechanism has been established by the Land Acquisition and Resettlement Plan (LARP).

Complaints and grievances will be addressed through the following steps and actions (see Figure next page): First Step: One joint Project Grievance Redress Committee for both concerned Hukumats will be established. It includes two members of the affected community (including AP’s and non­APs), one representative of each concerned Jamoat (just for cases on the territory of the Jamoat itself) and one representative of each of the two Hukumat Land Councils, to be chaired by one of the two Hukumat representatives (to be agreed upon internally by the two Hukumats). Alltogether, the committee will include five persons with changing participation of the Jamoats. Complaints can either be declaimed directly by the concerned APs (e.g. in the Jamoat office in presence of the member of the committee) from the Jamoat or send by letter to the committee. Grievances must be heard and resolved by the Project Grievance Redress Committee within 14 days of submission of the complaint.

Second Step: If the Project Level Grievance Redress Committee is not able to resolve the grievance within a 14­day period, the complaints should be presented via the BT Rayon representative to BT PMU at a central level. The elected representatives of the APs will have the opportunity to mediate by providing their written comments and proposals to the PMU. A final decision will be made by the Director of the PMU after the assessment of the case and a careful preparation of the decision by the PMU resettlement representative. Grievances must be heard and resolved by the Director of the PMU within 7 days of submission of the complaint.

Third Step: If no solution is reached within 7 days at BT PMU level, the APs can further submit their case to the appropriate court of law. However, as mentioned in § 5, according to Tajik law, taking the case to court can be related only to the valuation of the losses and the determination of the level of compensation

6793A04/FICHT­13668589­v1 17 (payment). As a result of the court decision, the valuation of the damages may raise. However, the expropriation of land or the fact that the line construction will cause damages on land and buildings is irreversible.

6.3 While applying the Grievance Redress Mechanism, APs can seek support from the BT PMU resettlement representative who on his part might be assisted by the national and international consultants. The contact addresses/phone numbers will be available at the level of each concerned Jamoat. In addition, information leaflets on how the entire process will be managed (with all contact addresses) will be distributed by the contractor during his final line survey and the valuation of losses procedure.

6793A04/FICHT­13668589­v1 18 Figure 1: Grievance Redress Process

AP has a grievance

With Step 1: Project-level Grievance reference to Redress Committee deals with the LARP grievance of AP

Problem Yes resolved? STOP

No

With Step 2: Resolve problem directly reference to with BT PMU the LARP

Problem Yes

resolved? STOP

No

With reference to Step 3: AP has to apply to the court the LARP, the (with assistance of project team) Tajik Land Code, etc.

6793A04/FICHT­13668589­v1 19 § 7 Implementation Schedule for Land Acquisition The following implementation schedule has been agreed upon by ADB, Barki Tojik (PMU) and concerned Rayon administrations (Hukumats) and is binding for all concerned parties:

Date and Period of Time Activities Results Contractor starts final ­ Identification of all affected land All forms (attachment 1) part 1 Identification of HVTL with owners or land use right holders by are signed by representative of definite location of towers contractor. affected family and of contractor Estimated 90 days ­ Detailed assessment of permanent and send to the commission as areas required and of temporary pointed out in §4. losses on land as agreed upon by affected household and contractor. Concurrently ­ Contractor distributes information Some hundred of leaflets leaflet to all possibly affected distributed to the population households along the planned HVTL. Day of acceptance of final ­ Commissions as pointed out in §4 All forms (attachment 1) part 2 HVTL design of contractor by start work in all concerned Rayons are signed by representative of PMU ­ Land sizes required are to be affected family and of Estimated 60 days confirmed and valuation of commission and send within 5 compensation payments arranged. days to Barki Tajik PMU via the Rayon Hukumat. Day of getting the documents ­Barki Tajik (PMU) and working The payment orders by PMU are from Hukumats group (Monitor, PMU resettlement delivered to concerned institution Estimated 30 days specialist, ADB representative) and money is transferred to BT check all documents regional cash desk or handed ­ PMU assigns payment either over to PMU agents for payment directly from fund­in­trust or via in the Rayons. Ministry of Finance. 5 days after money transfer ­ Affected households are informed All affected households from PMU/Ministry of Finance and come to BT cash desk in order confirmed with their signature to field agents or BT regional to draw their compensation money that payment has been made cash desks or according to the agreements. Estimated 15 days ­ people are paid directly by agents of BT PMU, or ­ payment is made by transfer from BT to the APs bank account. 20 days after money transfer ­ External Monitor checks payment No complaints have been raised to Hukumat cash desk to the affected households by and no irregularities reported. Estimated 10 days Jamoat level meetings. After that ­ Monitor prepares short report with Report handed to PMU. the recommendation to start the construction work. After that ­ PMU sends Monitor report to ADB. Report handed to ADB. After that ­ Start of construction works.

The grievance redress mechanism is adapted parallel to this implementation schedule.

6793A04/FICHT­13668589­v1 20 Attachment 1: Forms

Form 1: Land Acquisition and Compensation Part 1: Identification of losses Rayon: …………………………………………….Jamoat………………………………...... ……… Village……………………………………………... ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Personal data Name of land owner/right holder:………………………………………………………...………….. Address of land owner / phone number:………………………………………………...………….. …………………………………………………………………………………………………………… Other person authorized representing the household:………………………………...………….. Status to land owner/right holder:……………………………………………………………………. Bank account (if available):…………………………………………………………………………… ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Compilation of losses: a) Permanent losses of land for towers: Coordinates:……………………………………….Size:……………m2 Coordinates:……………………………………….Size:……………m2 Coordinates:……………………………………….Size:……………m2

b) Temporary losses of crops: Coordinates:……………………………………….Total Size:……………m2 Out of it type of crops: …………………/……..m2 Type:……………………/……..m2 Out of it type of crops: …………………/……..m2 Type……………………./……..m2 Out of it type of crops: …………………/……..m2 Type……………………./……..m2 Out of it type of crops: …………………/……..m2 Type……………………./……..m2

c) Permanent losses of crops: Coordinates:………………………………………. Type of trees/vines, etc.:…………………………Number:… Type of trees/vines, etc.:…………………………Number:… Type of other (e.g. timber) trees:……………………….Number:…

6793A04/FICHT­13668589­v1 21 Type of other (e.g. timber) trees:……………………….Number:… d) Losses of agricultural infrastructure Channels (diameter in m): ………..m Length in meters:...... Channels (diameter in m): ………..m Length in meters:...... Fence (in m):...... Type2:...... Fence (in m):...... Type:...... Other (……………….) quantity:……………….. Other (……………….) quantity:……………….. e) Losses of buildings: Description of building a) …………………………………………………………………………...… ………………………………………………………………………………………………………...…. Description of building b) ………………………………………………………………………..……. ……………………………………………………………………………………………………..…….. Description of building a) ………………………………………………………………………...…… …………………………………………………………………………………………………...……….

Confirmed that personnel data, sizes of land identified and crops to be damaged are correct:

Date:………/…………/2012

………………………………………… ……………………………………..………………… Signature of land owner/right holder Signature of representative of contractor

To be send immediately to Oblast level Commission of Valuation of Losses and Compensation

2 Simple wires = A, barbed wires = B, simple wood fence = C, grid fence = D

6793A04/FICHT­13668589­v1 22 Part 2: Valuation and compensation It is confirmed that the following compensation has to be paid to the affected land owner/right holder named under Part 1: a) Permanent land for towers:

2 Size:……………m Value in TJS:…………… b) Temporary losses of crops (according to list of attachment 2): Size:……………m2 of crops:………………… Value in TJS: .…………. Size:……………m2 of crops:………………… Value in TJS: .…………. Size:……………m2 of crops:………………… Value in TJS: .…………. Size:……………m2 of crops:………………… Value in TJS: .…………. c) Permanent losses of crops: Number…………… of trees/vines:………………… Value in TJS:...…………. Number:………….. of trees/vines:………………… Value in TJS:....……….... Number…………... of other trees…………………. Value in TJS:……………. Number…………... of other trees…………………. Value in TJS:……………. d) Losses of agricultural infrastructure Channels (diameter in m): ………..m Length in meters:...... Value:……….TJS Channels (diameter in m): ………..m Length in meters:...... Value:……….TJS Fence Type:...…... Length in m:...... Value:………TJS Fence Type:..….... Length in m:...... Value:………TJS Other (……………….) quantity/length:……………….. Value:……….TJS Other (……………….) quantity/length:……………….. Value:……….TJS e) Losses of buildings Type:……………….. Value:……….TJS Type:……………….. Value:……….TJS Type:……………….. Value:……….TJS

6793A04/FICHT­13668589­v1 23 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Total amount stated for a) in TJS: ………………… Total amount stated for b) in TJS: ………………… Total amount stated for c) in TJS: ………………… Total amount stated for d) in TJS: …………………

Total amount for compensation TJS: …………………

Confirmed that sizes of land, crops / assets to be damaged and values given for compensation and amount of compensation are correct:

………………………………………… ……………………………………..………………… Signature of land owner/right holder Signatures of chairperson and one second member of commission

……/………/2014 made at: ……………………………………………..

To be send immediately to Barki Tojik PMU

6793A04/FICHT­13668589­v1 24 Part 3: Payment Process A: Payment Command

Barki Tojik, represented by the Project Management Unit, releases the amount of TJS:...... (in words:...... ) to the household affected by the project ...... of Mr/Ms. Name of land owner/right holder:…………………………………………………………………….. Address of land owner / phone number:…………………………………………………………….. …………………………………………………………………………………………………………… Other person authorized representing the household:……………………………………...…….. Status to land owner/right holder:……………………………………………………………………. Bank account (if available):……………………………………………………………………………

...... Date Signature of BT PMU representative

...... Date Signature of BT cashier

6793A04/FICHT­13668589­v1 25 B: Payment Certification

Receipt as used by BT or other Tajik state own companies.

C: Clearance for Construction

After BT confirms that all payments to the APs have been made, the External Monitor will check all payments. He/she will also record the number of cases which are still pending at the court and refer in his report to the disputed amounts (i.e. the difference between the claims of the petitioners and the decision made by the Commission for Valuation of Losses and Compensation (CVLC). After the evaluation of payments, the monitor will confirm by letter to BT PMU that ­ all scheduled payments have been made and that the recipients confirm that the amount paid corresponds to the agreed compensation as stated by form 1 part 1 and part 2, ­ if cases are still pending at the court that also the petitioners have received the amount of money as granted by the CVLC, ­ that all grievances have been brought to an agreement between both concerned parties, the APs and BT or the CVLC respectively.

6793A04/FICHT­13668589­v1 26 Attachment 2: Price Lists

List of value of crops, trees, tree products and agricultural infrastructure for compensation

1. Crops (value of losses during one production season):

Cotton/kg: …………TJS Rice/kg: …………TJS Onions/kg: …………TJS Rice/kg: …………TJS Potatoes/kg: …………TJS Lentils/kg: ...... TJS Peas/kg: ...... TJS Carrots/kg: ...... TJS Luzerne/kg: …………TJS Other...... /kg: ...... TJS Other...... /kg: ...... TJS Other...... /kg: ...... TJS Other...... /kg: ...... TJS

2. Tree products (value of losses during one production season)::

Apricots / kg: ……….TJS Apples / kg: ……….TJS Plums / kg: ……….TJS Pears / kg: ……….TJS Lemon / kg: ...... TJS Pomegranats / kg: ...... TJS Grapes / kg: ...... TJS Other ...... / kg: ...... TJS Other ...... / kg: ...... TJS

3. Trees:

Apricot tree: Seedling:…………..TJS 1­2 years 3­4 years 5­6 years 7­8 years 9+­ years TJS TJS TJS TJS TJS Appel tree: Seedling:……………TJS

6793A04/FICHT­13668589­v1 27 1­2 years 3­4 years 5­6 years 7­8 years 9+ years TJS TJS TJS TJS TJS Plum tree: Seedling:……………TJS 1­2 years 3­4 years 5­6 years 7­8 years 9+ years TJS TJS TJS TJS TJS Pear tree: Seedling:……………TJS 1­2 years 3­4 years 5­6 years 7­8 years 9+ years TJS TJS TJS TJS TJS Pomegranat tree: Seedling:……………TJS 1­2 years 3­4 years 5­6 years 7+years TJS TJS TJS TJS Lemon tree: Seedling:……………TJS 1­2 years 3­4 years 5­6 years 7­8 years 9+ years TJS TJS TJS TJS TJS Vine: Seedling:……………TJS 1 year 2 years 3 years 4 years 4+ years TJS TJS TJS TJS TJS

4. Agricultural Infrastructure

A Simple wires 1 m: ………TJS B Babed wires 1 m: ………TJS C Simple wood fence 1 m: .……...TJS D Grid fence 1 m: ………TJS

E Earth made field channels: up to diameter of 50 cm, 1 m: 20 TJS F Earth made field channel: up to diameter of 100 cm, 1 m: 50 TJS G Drainage channels: up to diameter of 100 cm, 1 m: 50 TJS H Drainage channels: up to diameter of 200 cm, 1 m: 150 TJS I Concret channels and all drainage channels with a diameter of more than 200 cm have to be rebuilt by the construction company

5. Buildings and adjoining buildings (stables, walls, etc.) A Earth walls simple 1 m: ...... TJS

6793A04/FICHT­13668589­v1 28 B Earth walls decorated with finish against rain 1 m: ...... TJS C Stable made by earth on average by sqm: ...... TJS D Stable made by bricks or concrete on average by sqm: ...... TJS E Earth brick made house simple type by sqm: ...... TJS E Earth brick made house elaborated type by sqm: ...... TJS F Brick or concrete made house simple type by sqm: ...... TJS G Brick or concrete made house elabrated type by sqm: ...... TJS

6793A04/FICHT­13668589­v1 29

Attachment C Results of Line Assessment with Photo Documentation

6793A04/FICHT­13668589­v1 Attachment C:

Documentation of Proposed Line Corridor from Kairakum to Asht Substations

1. Description of Land Acquisition Related Aspects The line does not require any buildings to be shifted or households to be resettled. However, the line will cross areas used for agriculture in two regions: a) between the barren hills coming from the Kairakum substation crossing the river and leading over approx. 4 km of farm lands, b) between the “dasht”/desert coming from the West from Kairakum, leading over the agricultural area of Asht for approx. 1.5 kilometres.

Part a) requires the acquisition of land for up to 25 towers. Construction work of towers and stringing will lead to some damage of trees and vineyards. The first part of approx. 2.5 km (see pictures 1­2) remains on barren hills. From the angle tower 007A the line will cross a rice area of approx. 800 m between the hills and the river. One or two towers will be constructed on this land (picture 3­4). After crossing the river the line will be constructed for app. 2.5 km on a savage river area (from “river tower” to tower 050A) followed by 1.5 km along a stream with crop­growing areas on the right and left side and showing fatal erosion at the river banks (picture 5). It remains absolutely unclear where the towers will be constructed. In the most complex case all towers will be constructed on farmland (fruit trees, cotton, vegetables). 500 m north­north­east from the angle tower 050 beginning at the tarmac road the line will cross approx. 600 m of agricultural areas (pictures 7­10), mainly fields for wheat (or other annual crops) followed by approx. 2.5 km of vineyards before reaching tower 023A. The vineyards also do not constitute any problems for construction. However, here most land acquisition and compensation has to be done. Some areas without cultivation have been identified within this vineyard area and it will depend on the final identification of the places for the towers whether damages during stringing will occur on the entire area or only on some parts. It is also unclear today if all towers will require acquisition of vineyard land or if only waste lands within the dekhan farm territory would be used. From the end of the vineyard (clearly defined by a channel, see picture 10) the line leads only through deserted lands up to the entrance of the Asht agricultural area (pictures 11­13). The lands affected between the river and the border to the desert belong to five collective dekhan farms with an estimated number of altogether more than 500 members. If an average land holding had the size of 1.0 hectare (estimates by BT District office) on one km of transmission line the project would have to deal with between 10 and 20 households. Altogether, negotiations with 80 to 160 individual partners would be probable.

6793A04/FICHT­13668589­v1 1 Part b) entails almost no problems regarding land acquisition. Only two or three towers will actually be constructed on used agricultural areas. The first approx. 5.0 km are abandoned former fields and fruits tree areas which today are mainly deserted lands (lack of irrigation water) with a few dying trees (picture 14­15). Here, land acquisition will be simple as mainly unused (barren or abandoned) land of dekhan farms which are still collective has to be compensated. Only a minor part of the line corridor will lead along an unused channel with poorly maintained tree plantations and currently unused abandoned fields on the left and right side (picture 16). Only the last few hundred metres before reaching tower 035A affect some productive fruit trees. Here, the land ownership has to be checked after definite fixing of the areas for the towers but compensation will be required mainly or only for unused land (if the towers cannot be placed on communal lands belonging to the road, the channel or the drainage systems). The last approx. 1.4 km of the line crosses a state­owned farm with mainly apricot trees (picture 17­18). Barki Tojik (PMU) will only deal with the state as the owner of the farm. How many towers would be required on this land so far remains unclear. What will be necessary in this area is to cut down one row of trees (per 100 m = approx. 17 trees). However, these trees do not comply with the rule that no crops within the RAW should be higher than three meters (clearly shown by picture 17). So the need for compensation so far remains absolutely unclear. The lands affected between the border of the “dasht”/desert to the cultivated land and Asht substation belong to 12 individual and collective dekhan farms with an unknown number of members. If an average land holding had the same size as in Ismoil Jamoat, i.e. 1.0 hectare (estimates by BT District office), for one km of transmission line the project would have to deal with between 10 and 20 households. Altogether, negotiations with up to 50 to 100 individual partners would be probable. However, there is also the probability that towers could be constructed on barren lands. In such a case the representative of the collective dekhan farm would be the only party to negotiate with.

6793A04/FICHT­13668589­v1 2

1. 1,500 m behind Kairakum

substation on slopes (area belonging to the government)

2. About 2,000 m from Khairakum

substation on the slopes before turning north­east over the Syr Darya river.

3. From the wasteland (slopes) the line has to bridge the Syr Darya river. Two towers (or only one) have to be placed in a rice­growing area

6793A04/FICHT­13668589­v1 3

4. One of two towers in the rice­ growing areas could perhaps be avoided by using a slightly more western site

5. About 2,500 m after bridging the river five towers have to be placed near to the river bed which is enclosed by fields with trees

6. Approx. 4,000 m behind the river the corridor crosses the main road

(view in the direction of the river)

6793A04/FICHT­13668589­v1 4

7. After about 4,000 m coming from the river and behind the main tarmac road the line starts to cross

agriculturally used areas (northwards)

8. The same place for this picture

as for picture 7: the enlargement of picture 7 shows the possible line corridor through vineyards

9. Perhaps the most difficult part of the entire Northern Line is this

part, which crosses approx. 2,500 m of dense vineyards

6793A04/FICHT­13668589­v1 5

10. After approx. 3.1 km through agricultural land the line corridor leaves the agricultural area of Ismoil Jamoat after crossing this irrigation channel

11. Behind the channel the line corridor leads through a sandy desert area without any existing or former agricultural usage

12. Another view of the probable line corridor between Ismoil Jamoat of Khairakum and Asht Rayon

6793A04/FICHT­13668589­v1 6

13. Last position of an angle

tower in Khairakum area, the next approx. 40 km are deserted slopes (locally called desert)

14. The line corridor meets predominantly abandoned agricultural areas only approx. 7.5 km before Asht substation. Here, dying apricot trees can be found at a distance of 300 m from the proposed line

15. Even less than three km before the line reaches Asht substation there are many deserted areas (formerly irrigated fields which have been given up

due to the lack of irrigation water)

6793A04/FICHT­13668589­v1 7

16. On the last few kilometres to Asht, the line corridor follows the earth road with a drainage channel from the Soviet era (which was never completed) leaving quite a lot

of space for towers outside of the agricultural area

17. About 1,400 m before the

corridor reaches Asht substation an apricot farm (still a goverment ­ owned estate or Sovkhoze) will be affected. Trees under the existing 110 kV line are over 3 m high and must by all means be cut.

18. The end of the line corridor is

reached when entering the Asht substation (coming from the apricot farm).

6793A04/FICHT­13668589­v1 8

Attachment D Model Terms of Reference for External Monitor

6793A04/FICHT­13668589­v1 Attachment D:

Model Terms of Reference for an External Monitor

1. Introduction An External Monitor or External Monitoring Agency (EMA) shall be appointed to monitor the Land acquisition and Resettlement compensation process, and to verify that compensation, resettlement and rehabilitation have been implemented in accordance with the agreed Land Acquisition and Resettlement Plan.

2. Scope of Works The EMA appointed shall undertake the following tasks to independently externally monitor the implementation of the Project Land Acquisition and Resettlement Plan and associated mitigation measures: A. Baseline Internal monitoring reports will be verified by: (i) Random review of DMS forms for correct inventory of assets and entitlements. This review is to cover 10% of all the DMS forms; (ii) Random review of entitlement and compensation documents to ensure that the assessment of compensation is based on the agreed entitlement matrix and that all entitlements have been accurately applied. (iii) Random review of status of affected households within the LAR impact areas.

B. Evaluation of Delivery The delivery of entitlements will be monitored as follows: (i) Field check, site visits coordinated with the resettlement activities that are taking place. (ii) Evaluation of the quality and timeliness of delivering entitlements.

C. Evaluation of Consultation and Grievance Procedures Consultation and grievance procedures will be monitored to: (i) Assess whether grievance procedures are adequately implemented, (ii) Identify, quantify and qualify the types of conflicts and grievances (if any) reported and resolved. (iii) Provide assistance when required to APs to address grievances, as required, and act as observers on the grievance procedure.

6793A04/FICHT­13668589­v1 1

D. Declaration of Successful Implementation and Follow­up Actions The EMA will provide a report to: • confirm all compensation has been paid; • make recommendations for follow­up actions; and • identify lessons learned.

3. Implementation schedule The EMA will be hired by the BT PMU in time for LARP implementation. The EMA will conduct formal M&E activities until compensation payments are completed.

4. Reporting The following reports will be required for submission from the EMA: (i) Baseline and Inception Report (1) – to be submitted within 1 week of mobilization to the PMU and ADB. (ii) Monitoring Reports (affected hukumats) – to be formally submitted by the EMA directly after compensation has been distributed in each of the affected areas. The Monitoring Reports should particularly focus on: • description of M&E activities; • report on implementation of all aspects of the RP; • deviations, if any, from the provisions and principles of the resettlement policy specified in the RP; • identification of problems, issues and recommended solutions; and • description of findings in relation to whether the project activities have been completed as planned and budgeted, and recommendations, timetable and budget for addressing outstanding problems; (iii) Formal Verification Report to verify successful LARP implementation to be issued within 1 week after compensation and LAR procedures for all affected areas are completed and prior to construction.

6793A04/FICHT­13668589­v1 2

Attachment E­1 Survey of Affected Households of 12­2013

6793A04/FICHT­13668589­v1 Attachment E.1: Survey of Affected Households 12-2013

ADB Grant 0213‐TAJ: Updated socio‐economic survey of both districts

Family Members Electric Appliances Drinking Marital Source of Energy source Own № Name Distrcit/Jamoat Coll.farm Age Natio Education Income water Bathroom Garbage Status income for cooking Washing vehicle Man Woman (ha) land source Radio Phone Fan Fridge Microwave Oven

Total area of area Total of machine

1 H Rahmonberdiev B.Gafurov/Ismoil ". Кushatov" Married 61 Uzbak Вышее 3 1 Land 1,75 1000 Pump Yes Collected Wood and gas Yes Yes Yes Yes No Yes Yes Yes 2 F Abdukayumov B.Gafurov/Ismoil ". Кushatov" Married 28 Uzbak Вышее 2 3 Land 7 500 Pump Yes Collected Wood and gas Yes Yes Yes Yes No Yes No Yes 3 A Abdualimov B.Gafurov/Ismoil ". Кushatov" Married 62 Uzbak Вышее 3 4 Land 7 1000 Pump Yes Collected Wood and gas Yes Yes Yes Yes No Yes Yes No 4 S Abdukarimov B.Gafurov/Ismoil ". Кushatov" Single 69 Tajik Вышее 3 4 Land 55 1000 Pump Yes Collected Wood and gas No Yes Yes Yes No No Yes Yes

5 R Boymirzoev B.Gafurov/Ismoil "Deh.hoz.№3" Married 54 Uzbak Вышее 5 7 Land 1,34 600 Pump Yes Collected Wood and gas Yes Yes No Yes No Yes Yes Yes

6 M Boymirzoev B.Gafurov/Ismoil "Deh.hoz.№3" Married 51 Uzbak еее 4 3 Land 64 500 Pump Yes Collected Wood Yes Yes Yes Yes No No Yes Yes JSC "А. 7 A Abdumanonov B.Gafurov/Isfisor Jumaev" Married 70 Uzbak еее 4 3 Land 270 500 Pump Yes Collected Wood Yes Yes Yes Yes No Yes Yes Yes "Oporniy punkt 8 S Kushkorov Asht/Shodoba Asht" Married 62 Tajik Вышее 3 5 Land 4,5 250 Spring/river Yes Burried Wood Yes Yes Yes Yes No Yes No Yes Gs.hz 9 N Amonov Asht/Shaydon Eryigitov Married 61 Tajik еее 3 2 Land 0,5 250 Pump No Collected Wood Yes Yes Yes Yes No No No No 10 D Muhiddinov Asht/Pongoz "Muhiddinov" Married 50 Tajik еее 8 3 Land 2 200 Spring/river Yes Burried Wood Yes Yes No Yes No Yes No Yes 11 B Dadomatov Asht/Pongoz "Murodali" Married 35 Tajik еее 5 2 Land 3 250 Spring/river No Burried Wood Yes Yes Yes Yes No Yes Yes Yes 12 K Tuychiev Asht/Pongoz "Hujibak" Married 41 Tajik еее 1 2 Land 5 300 Spring/river Yes Burried Wood Yes Yes Yes Yes No No No Yes

13 N Dadomatov Asht/Pongoz "Mashhad" Married 44 Tajik еее 4 5 Land 12,33 250 Spring/river Yes Burried Wood Yes Yes No No No No No No

6793A04/FICHT­13668589­v1 1

Attachment E­2 Preliminary Results of Detailed Measurement Survey

6793A04/FICHT­13668589­v1

Attachment E­3 Final Results of Detailed Measurement Survey and Compensation Agreements

6793A04/FICHT­13668589­v1 1 3 1 2 No. Shodoba Shaydon Pongoz

2 Jamoat 3 Tajik 173 Susp. 9 1 1 nhr175 Anchor 1 1 Anchor 1 Number of towers Anchor1 up 174 Susp. Susp. Susp.1 4 Type of tower 176Susp.1 182 181 180 179 5 No. of tower Oporniy Total "Asht" punkt Umed 1 Murodali Mashhad J Muhiddinov Hushibak State farm "Eriygitov" 6 Collective Farm/State Farm 1TjkS.Mhdio 32 Sh. Muhiddinov Tajik 11 7 Tajik 7 5 8 3 6 Tajik U Sayfiddinov U Tajik 6 Number of people in family Tajik Tajik Tajik 8 Ethinicity N. N. Dadomatov B. B. Dadomatov S. S. Kushkorov K. K. Tuychiev N. N. Amonov

9 Name of family/household/collective farm head 524,3 455 250 6,4 , 1,5 1,5 10 60 Total area used by the collective farm ha 5,84 6,17 10a 455 4,5 3 2 Total area used by the houshold ha 151, 132,25 11,5 11,5 151, 132,25 11,5 11,5 , , 72,25 8,5 8,5 , , 72,25 8,5 8,5 , , 72,25 8,5 8,5 , , 56,25 7,5 7,5 , , 56,25 7,5 7,5 11 31 169 13 13 Length of alloted land (m) Alloted landfortheconstruction 12 Width of alloted land (m) 13 Total (column 11x12) m2 0,0714 0,1094 0,0614 0,0738 0,0786 0,0662 0,0766 0,073 14 Temporary ha Including 132,25 132,25 72,25 72,25 72,25 56,25 56,25 169 15

For rellocationFor of utility Permanent (column 11­12 Mulberry ubryNo Mulberry room 5x3 Apricot Apricot Apricot Apricot Apricot Apricot Apricot Apricot 16 Crop/tree type Yes Yes Yes Yes Yes Yes Yes Yes Yes 17 No No No No No No Productivity of tree Yes/No trees/seedling Number of s inpc. 18 15 28 14 14 15 58 12 11 4 2 2 2 4 0 0 1 0 8 4 1 9 6 4 of 1treeper productivity 1 year Crop 19 0101,5 100 50 0101,5 100 50 0101,5 100 50 0201,5 200 50 0201,5 200 50 0601,5 600 50 50 0201,5 200 50 3 3 Crop loss (column 18x19) 20 12 50 24 Cost per1 kg 1,5 1,5 1,5 21 nonproductive Cost per1 tree 22 60 0 Compensation payment Compensation 20x21x5 year) (Somoni) (column amount 1500 1500 4500 1500 750 750 750 375 180 23 90 considering production agriculture Cost of1 seedling factor 24 8 8 88 8 8 8 8 amount for seedlings (column 18x24) Total 120 224 120 112 464 25 88 umn 20x21x5 Compensatio (Somoni)(col n forlossof year) right 1500 1500 750 750 375 26 90 Rehabilitation oftemporary Cost per1 hectar 90389,07 4950 90353,43 4950 90365,31 4950 90327,69 4950 90303,93 4950 90379,17 4950 90541,53 4950 90361,35 4950 27 used land Compensatio n amount (Somoni) (column 14x27) 28 amount (Somoni) 23+25+26+28) compensation (column 1865,31 4827,69 509,07 577,43 415,93 843,17 541,53 449,35 Total 1500 1500 3000 3000 22997,48 750 180 750 840 120 180 540 600 29 8 0 21Ac 25 Anch 1 12 24 Susp. 1 Ismoil 11 14 13 0Imi up 23 Susp. 1 Ismoil 10 sol1Ss.22 Susp. 1 21 Ismoil 9 1 Ismoil 8 7 19 Susp. 1 Ismoil 6 sol1Susp. 1 Ismoil 5 4 3 1 1 sio 1 Ispisor sio 1 Ispisor sol1Ss.20 Susp. 1 Ismoil Ismoil Ismoil Ismoil Ismoil 2 Jamoat 3 up 27 Susp. 1 26 Susp. 1 1 1 Number of towers Susp. 9 Susp. Susp. Anch Anch 4 Type of tower 18 10 17 16 5 No. of tower S .Jme 7 A. Jumaev JSC T. KushatovT. utnai ai .Adkrmv63,41 S. Abdukarimov Tajik 7 Sultonmalik DN. 2Uzbek 12 No.4 HD DN. ze .Byize 71,01 M. Boymirzoev Uzbek 7 No.3 HD

6 Collective Farm/State Farm Total 7 4 Uzbek 5 Uzbek 7 Number of people in family Uzbek Uzbek

8 Ethinicity Farruh Abdukayumov H. H. Rahmonberdiev .Admnnv270 A. Abdumanonov .Byize 85 88,56 88,56 R. Boymirzoev A.Abduvaliev Name of 9 family/household/collective farm head 22000

10 Total area used by the collective farm ha 71,01 63,41 20,03 3,96 3,66 10a 270 Total area used by the household ha 151, 132,25 11,5 11,5 151, 132 11,5 11,5 151, 132,25 11,5 11,5 151, 132 11,5 11,5 , , 56,3 7,5 7,5 , , 56,25 7,5 7,5 , , 72,25 8,5 8,5 , , 56,3 7,5 7,5 72,3 8,5 8,5 , , 56,25 7,5 7,5 , , 56,3 7,5 7,5 , , 72,25 8,5 8,5 , , 56,25 7,5 7,5 , , 56,25 7,5 7,5 11 Length of alloted land (m) 12 Width of alloted land (m) Alloted landfortheconstruction

13 Total (column 11x12) m2 0,0794 0,1018 0,2117 0,0914 0,1074 0,1082 0,0938 0,0865 0,0766 0,1182 0,0878 0,0818 0,0594 0,0878 14 34 Temporary ha Including 132,25 132,25 56,25 72,25 56,25 72,25 56,25 56,25 56,3 56,3 Yes Apricot 72,3 56,3 3 pio Yes Apricot 132 132 15 Permanent (column 11­12) Concrete Concrete Concrete Concrete ubryNo Mulberry ubryNo Mulberry Almond pio Yes Apricot pio No Apricot pio Yes Apricot pio No Apricot Wheat Wheat Wheat Grape Grape Grape Grape Corn Corn Rice Rice Rice Sub Sub Sub Sub 16 Crop/tree type Yes Yes 17 No Productivity of tree Yes/No trees/seedlings rice/corn in Number of in pc.and hectar ,0260 33 43 6000 0,0072 ,0650 81 2 28,13 5000 0,0056 ,9440 6, 2 365,6 4000 0,0914 0,0056 0,1018 0,0878 0,0132 ,0250 61 2 36,13 5000 0,0072 0,0132 0,1082 ,1240 22 52 4000 0,0132 ,1250 9 2 591 5000 0,1182 0,0938 ,8840 5 2 351 4000 0,0878 ,1750 002 1050 5000 0,2117 0,766 120 18 36 12 35 15 48 33 80 12 22 10 84 29 26 4 4 3 8 6 2 2 1 yearkg/ha of 1treeper productivity Crop 00362 306 4000 003 3 3 34 610 3 6000 527 6000 6000 007 3 79 6000 007 3 79 6000 00533 563 6000 00693 649 6000 19 0202 200 50 0102 150 50 0602 600 50 0302 300 50 45 24 6 1 5 210 6 05 90 6 8 5 480 6 2 5 720 6 3 5 132 6 05 60 6 0 5 504 6 (column loss kg 18x19) Crop 20 kg/pc per 1 Cost 21 77 77 77 77 productive Cost per1 non­ tree 22 60 60 Compensation payment Compensatio only forrice, productivity wheat and n amount 20x21x5) (column Somoni 1 year 18000 12600 56,25 72,25 corn 2000 6000 1830 1581 1500 1050 2250 1689 1947 2400 3000 1182 3300 2100 1500 600 129 612 731 102 237 624 237 702 23 considering agricultural production Cost of1 seedling factor 24 264 8 86 89 amount for seedlings (column 18x24) Total 25 4 6 Compensation 20x21x5 year) right (Somoni) for lossof (column 281,25 361,25 2000 1500 1183 2250 1185 3300 1500 600 645 510 26 Cost per 1 hectar Land Rehabilitation 90393,03 4950 90503,91 4950 434,61 4950 90379,17 4950 90464,31 4950 90535,59 4950 90452,43 4950 90428,18 4950 90531,63 4950 90434,61 4950 90585,09 4950 90404,91 4950 901047,92 4950 90294,03 4950 27 Compensatio n amount (Somoni) (column 14x27) 28 23+25+26+28) compensation 101605,62 (Somoni) (column amount 18404,91 12894,03 1443,03 1183,43 2333,91 2015,61 2828,18 1767,09 2482,59 2153,31 1136,61 3147,92 991,17 795,63 Total 337,5 433,5 3696 2772 1200 4000 6000 3000 1422 1422 3000 4500 2233 6600 3000 2002 774 612 624 120 120 29 64 96 0 Ся ц д П/№ о ощя у (оо)

1 Боодо Гуов 101605,62

22997,48 2 Ашт

г а еац аа 124603,10 3

4 епедвдее од 25% 31150,78

5 ощя у учето епедвд одов 155753,88 . :::::::,::3j:l*fi:: ::::::

Facxogrl"r ii rrnccoebifi c Ji;1ep No Mecrc Ana xaxiteqxx N* oI_ 1$ cJ:enpanir r. 20{4 'anCr{a fonOn E KACCy Bur.Qa;u

t t t t (.' ll v xii I ts t; e t)y­'t., t 9

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n"­*#\

:::r'lr li: :ili:

Cash paynent voucher,,No. Talon mark 0402009 Dated February L9, 20L4 CNp" Tal*n,for cash desk lssue to: Kushkarov Sadullo DEB[T AMOUNT No,10905 3449,35 Eranch of Amonatbank, RT, Asht KRINIT Totalamount No.l"Sl­01 CASH sum code Three thcusand and four hundred forty nine somoni and 35 dirams

Payment function Compensation for land lose prese*l Passport A 3348240 lssued Internal Affair* Agepties oi Ashi Dated 21.05.2004 Received indicated sum in ord,el Signature Controller Bookkbeper Cashier ritt: j* :l,ii a {r,trernina zr­ "..1 ..: I i

p#xcgqu­*

fJ;;;#,iJ;;T,,*.:y raw,*y *i

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tu

0402009 Pacxo4irurii xacc0eui'ii ileCYO An9 il8xr1C{{H $:­­­ Cr,,s TAnOHn. # $ *is TANOH B SotAEro Ncc\ 109Ca g,g: 4t r Ty il u ue e i{"v t t t 6 u

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Cash payment voucher No. Talon rnark Dated February 1­9, 201"4 CNo. Talon for casl­r desk lssue t*l Tuichiev Kutbiddin DEBET AMOUNT 8*zorkulovich No.10905 KRINlT Total amount urancn 0t Amonatbank, RT, Asht Na.1S10L , CASH F*ur hundr*d fifteen somoni *nd $3 dirams

Payment Ccmpensation f+r funciicn landlose present Passport A,2657756 lnternal Affairs Agencies of Khujand city Dated 16.09.?003 [eServed indicated sum in ordei Signatu re Conir*ller Bookkeener 3 "2 ­ $tr" lWuhiddinov No.3l2 pointed {ltem in the submitted rist of compen$ation payment}

I Pacxcgriorfi i

cyuua nponitcuro Xar*a"en*e nn ' 33nlr# €ltA l­lpeAunsneH ofleP, Hdl: nnbr Nfrlr. t dasxa: ":::l I i

Cash payment voucher No. Talon mark Dated February i"9, 20L4 _0402009 CNo. Taion for rash d r55ue re ,uuntddinov Sharobiddi* DESff AMOUTIT Jamolitdinovich No.10905 Branch of Amonatbank, lal3.1? RT, Asht KREDIT Totalamount Na,101S1 LFl; t"t 5Um One thousand code and two hundred three s omoniand i.7 fitranl( r.uriltJensaxtsn Isr I funetian la,ndlose I prese nt lssued Internal Affairs Agencies oiAsht district Dated 24.01.?00S qcsryggjldilgred sum rn order *fi8hatur:e L0ntroiler Eookkeeper Cashier s ­ N' sadomatov 's {ltem No'3/3 pointed in the submitted list af cCImpensation payment}

Pacxogrurra i(acconbt14 opAep f,Js M€C)C,AJlr{ rasnenxu tancliS ST 19 Senpann 2014 r BsrAart

i) o.n, r t t * o t o c ! i.t; s.t t t t t t t rl s t t yt 6 o e t t, ",7 7 1t c t '] OHnrtal'i OfCE PT "Asonar6eilr,' Aatr ;ifflj­': arp pacxoga 6atxa i.{iiit;:+ NAfiU.tHbtri ,# []y xasopy xapmody xa(bm crsaanun 43 dupatx cyi4Ma *ponitcb.to Herr.ia.ie!.i$e rlnry€)rG ryApo u nyiu Oapau 6ailOo6affi ss{{{Jtr flpegunsnex u,aijH.os#sMe i{

Cash p*ynrent voucher No. Talon mark 0402009 Dated February 19,20L4 CNo" Talon for cash desk lssue to; iladematov Nurmat NES{T AMSUIdT Ashurboevich Gioeo5 m?mr­ Branch sf Amonatbank, RT, Asht KRFDIT Totalamount Ns.101"01, CASH sum i codE TlEro thausa'nd and seventy seven s*moni ancJ 43 dirams

Payment Cornpensation for functicn landlose present Passport A lssued !nternal Affairs Agencies of Asht district Dated 24.A1.201"3 Received indicated sum in order Signature fnnlrnllpr Bool

Pacxogrruiri xaccoesrti cpgep Ne .f a4 Hecfo ­xnn ir3(neli8t! lfi,i;*_* OT Taflona lt1" a 20.14 r" iA.noii.p l(Accy, Bar,rlars '{** o r.*rrn** Slpx*r* rrddlllr 03Lip.,,tamaottu o5l{Afi CyMMA $Hnhal OfCS FT "Aruorpr6out,, Au:r e*4 pacrcp,a Sarrxa HafiU'adbta

,Qy xasopy xafumca1y fiaHqoxy Hyx coxtouu 0Z dupau

CyMMa nponscbl0 Ha.rxavexve nna re)Na, i6p a H rt y;t,yt 6 a p o;6;ti A&;,lu 33LtUfi llpe4tnsnex gc uj L.t | | H eM aa $SS I f A.q

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Cash payment vsucher No. Talon mark il40200s Dated February 19, 201"4 CNo. Talon for cash desk lssue to: Dadomatov Eurhoniddin DEBTT AMOUNT 0dirmatovich No"10905 2759.07 Branch of Amcnatbank, RT, Asht KRgNIT Total amount N0.10101 CASFt sum I code Tr,vo thousand and seventv fiftv nine somoni *nd 07 J: *lrams­­ ­­ ­ Payment Compensation for iand function present Passport A 655J.789 lssued lnt€rnal Affairs Agencies of Arht diptriet Dated 11.10.2011 Received indicated sunr in order Signature r cgllrgttg Bookkeeper Cashier 3 '5 ­ u' $aysgddirlov t'jo.3lS pointed {ltenr in the submitted list of compensation payment) ­ili Pacxc4Hurfr xaccoauri opgep Nc 0402009

n 2014 r. rAJ]oH B J{AQCy­ Burgaru **d.'"f.* ', . C o u$ u dd tn oa Vl$ e d,t a tt 'Cvrurrt,ln Satut,s6ud)uttrr{t utl \J oxrna,r OfCS PT "AucNai$or,x', Au.,r 6r,{A pE6Xg'Aa,,E*r!xa ' d3r'lttilJL;

lllawcad caaefiu AA Aupau CyuUa npOnnCtr: "1d Hatilscerincnliarexa riAi:W 36rr{JH ilpegu*onerr

*1rlr.ic$nfi rdd A dp4e f­,, 4 S

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f,ash payment voueher No. Talon mark 0402009 Dated February 19, 2014 CNo. Talon f*r cash desk lrsue ts: Saifiddinov Umedjon I D,EBrr | *rrnourrrf Za ilo bidd inovich i No.10905 6S0.0$ Branch ofAmonatbank, RT, Asht KREDIT Totalamount Nn.10101" {^AqH sum I code Six hundred somoni and 00 diram

Payment Compensation for function landlose present Passport A4248746 lssued Internal Affair,s Ag6ncles,of Asht d istrict Dared 11.06.20s7

Received indicated sum in order Signature

­.Bog$lgpgr Lasnier copies of receipts for compensation payment of effected persons for B.Gafurov District

1 ­ A' Abdumanonov (ltem No.1­2 pointed in the submitted list of compensation payment)

2:

OPAEPH I l'r*, I HNs rax 6a xa3lxa

Havtyp.n napAoxr

Maxc­aAn n

fler.uxu4og uryg Aoga Ma6narn x Hotnp,',

r'/.i '' ti;z

Cash payment voucher No. Talon mark 0402009 Dated Febru ary 20, 201,4 CNo. Talon for cash desk lssue to: Abdumanonov Abduali DEBET AMOUNT 262029728000122 Branch of Amonatbank of RT No.7335 6694,20 KREDfT 9723000 Totalamount 04237437 No.10101

CASH sum code Six thousand and six hundred ninety four somoni and 20 dirams

Payment function Compensation amount present Passport A 0864026 lssued Internal Affairs Agencies of B.Gafurov Dated 27.03.2000 Received indicated sum in order Signature Controller Bookkeeper Cashier ­ H.Rahmonberdiev 2 (ltem No.3­4 pointed in the submitted list of compensation payment)

HNT

aMyArl napAoxr

Ma(caAr napgoxr

Ileutaxlog ruy4 AoAa urya. Ma6nasu

,,':i. !'"­ Cash payment voucher No. Talon mark 0402009 Dated February20,2014 CNo. Talon for cash desk lssue to: Rahmonberdiev Habibullo DEBET no. AMOUNT 262029728000t227335 652L,22 Branch of Amonatbank of RT KREDIT Total amount No.101019723000 01237339

CASH sum code Six thousand five hundred twenty one somoni and22 dirams Pavment function Compensation amount 0resent Passoort A4219320 lssued Internal Affairs Agencies of Samgor Dated 06.11.2007 Received indicated sum in order Sienature Controller Bookkeeper Cashier 3 ­ A.Abduvaliev (ltem No.S pointed in the submitted list of compensation payment)

.4 nF/ G 'f. ri:

6d xarssa

':,", j"*'=tt': '4 IiIY; ', ,l.i;*:t, :::j=,.

/1,. ­ .' I ..'* . 't

Cash payment voucher No. 3 Talon mark 0402009 Dated February20,2Ol4 CNo. Talon for cash desk lssue to: Abduvaliev Abdualim DEBET AMOUNT 2620297280001­ Branch of Amonatbank of RT No.227335 11055,17 KREDtT 9723000 Total amount 04237437 No.10101

CASH sum code Eleven thousand fiftY five somoni and 17 dirams Payment function Compensation amount oresent Passport A 1113096 of lssued Internal Affairs Agencies Samgor Dated 04.01.2001 Received indicated sum in order Signature Controller Bookkeeper Cashier 4 ­ F.Abdukayumov (ltem No.6­7 pointed in the submitted list of compensation payment)

f­",.o,fl fi Ne rar 6a xarrrga )/42_L4

HauyAn nap.qoxr

MaxcaAH nap€oxy 2}rl c. n"rr"l"Adri j {v Aoaa uryA jir Ma6narn

Cash payment voucher No. Talon mark 0402009 t,t'3 Dated February 20,20L4 CNo. Talon for cash desk lssue to: Abduqayumov Farukh DEBET AMOUNT 26202972800012 8075,26 Branch of Amonatbank of RT no. 27335

KREDIT Total amount No.101019723000 011.37355

. CASH sum code Eight thousand seventy five somoni and 26 dirams Payment function Compensation amount present Passport A 5869654 lssued Internal Affairs Agencies of Samgor Dated 06.01.2001 Received indicated sum in order Signature Controller Bookkeeper Cashier 5 ­ n'eoymirzoev (ltem No.8 pointed in the submitted list of compensation payment)

oAa uJaaag

Hauygn nirpgoxr

+ ­4­t ­.t .'.­4

Cash payment voucher No. Talon mark 0402009 Datpd Fpbrrr arv 20.2OI4 CNo. Talon for cash desk AMOUNT lssue to: Boimirzoev Ruslan DEBET 2620297280001. Branch of Amonatbank of RT No.227335 5806,01 KREDIT 9723000 Total amount 04231431 No.10101

CASH sum code Five thousand eight hundred somoniand 0l diram PaVment function Compensation amount present Passport A 1301076 lnternal Affairs Agencies lssued of Samgor Dated 23.05.200L Received indicated sum in order Signature Controller Bookkeeper Cashier 6 ­ M.Boymirzoev (ltem No.10­1 1 pointed in the submitted rist of compensation payment)

;l*­­­­­­­­­­ ,­ _="!n­L:

Har'rygninapgorr

T

Cash payment voucher No. Talon mark 0402009 Dated Febru ary 20, 201.4 CNo. Talon for cash desk lssue to: Boimirzoev Mavlon DEBET AMOUNT 2620297280001227335 45253,94 Branch of Amonatbank of RT KREDIT Total amount No.101019723000 012373335

CASH sum code Forty five thousand and two hundred fifty three somoni and 94 dirams Pavment function Compensation amount presenr Passport A2452822 lssued Internal Affairs Agencies of B.Gafurov Dated 19.04.2003 Received indicated sum in order Signature Controller Bookkeeper Cashier 7 ­ S.Abdukarimov (ltem No.12­13­14 pointed in the submitted list of compensation payment)

,ar"

0qnFP!l

d3'I;;;J'j::"'

fla{caAH napno'xr rotl c'. neuJHr.lXoA uryA ffosa Ma6nanr iu

:itEiillitiit,

Cash payment voucher No. Talon mark 0402009 Dated Febru ary I0, 201.4 CNo. Talon for cash desk lssue to: Abdukarimov Sulton DEBET AMOUNT 2620297280001227335 18199,92 Branch of Amonatbank of RT KREDIT Totalamount No.101019723000 04237437 CASH sum I code Eighteen thousand and one hundred ninety nine somoni and 82 dirams Payment Compensation fu nctio n amount present Passport A792217! lssued Internal Affairs Agencies Dated 13.12.2013 Received indicated sum in order Signature

Controller Bookkeeper Cashier

Attachment F Due Diligence Report of April 2014

6793A04/FICHT­13668589­v1 Attachment F:

Regional Power Transmission Project, Tajikistan ADB Grant No. 0213-TAJ Land Acquisition and Resettlement Plan (LARP) Kayrakum - Asht 220 kV Transmission Line March­April 2014

Due Diligence Survey Mission 1st until 4th April

Background of Mission After the Detailed Measurement Survey (DMS) carried out by the contractor together with the Rayon committees in January/February 2014, a document was created detailing all permanent and temporary losses and amounts of compensation payments (14th February 2014). However, after payment to the “affected people” was made and the external monitor had presented his report it became obvious that figures relating to land affected differed considerably between the two documents. In addition, the status of persons receiving compensation payment remained unclear in a couple of cases, mainly in Ismoil Jamoat of Bobojon Gafurov District. In order to clarify these issues, the socio­economic consultant of Fichtner, Prof. Frank Bliss, travelled from 31st March until 2nd April 2014 to Khudjand and to the District concerned and Jamoat.

1. Issues / questions to be resolved / answered 1.1 Asht Rayon, Shaydon Jamoat, State Farm “Eriygitov” (reference no. 2)1 ­ Confirmation required that no individual land usage rights affected

­ Registration of farm where and for what purpose?

1.2 Bobojon Gafurov Rayon, Ispisor Jamoat, Joint Stock Company A. Jumaev (ref. no. 1­2)

­ Clarification on specific situation of farm:

o Who is Mr A. Abdumanonov?

o Does the farm belong to just one legal owner?

o Are no individual land usage right owners affected?

1.3 Bobojon Gafurov Rayon, Ismoil Jamoat, Farm T. Kushatov (ref. no. 3­4)

1 These reference numbers refer to the order of the affected households/farms in the tables under attachments E1 – E3

6793A04/FICHT­13668589­v1 1 ­ Clarify why Mr H. Rahmonberdiev had 1.75 ha of land during Detailed Measurement Survey but has 20.03 ha in the last edited document?

1.4 Bobojon Gafurov Rayon, Ismoil Jamoat, Farm T. Kushatov (ref. no. 5)

­ Clarify why Mr A. Abduvaliev had 1.66 ha of land during Detailed Measurement Survey but has 3.66 ha in the last edited document?

1.5 Bobojon Gafurov Rayon, Ismoil Jamoat, private farm No.4 (ref. no. 8­9)

­ Clarify why Mr R. Boymirzoev had 0.66 ha of land during Detailed Measurement Survey but has 88.56 ha in the last edited document?

­ Is it certain that he is not a representative of a collective farm?

1.6 Bobojon Gafurov Rayon, Ismoil Jamoat, private farm No. 3 (ref. no 10­11)

­ Clarify why Mr M. Boymirzoev had 0.66 ha of land during Detailed Measurement Survey but has 71.01 ha in the last edited document

­ Is it certain that he is not a representative of a collective farm?

1.7 Bobojon Gafurov Rayon, Ismoil Jamoat, private “Sultonmalik” (ref. no. 12­14)

­ Clarify status of farm (which type of farm) and what the role of Mr S. Abdukarimov is? Is it certain that he is not a representative of a collective farm?

­ Clarify also why the size of farm was 55 ha on 14­2­2014 but 63.41 ha in the last edited document?

2. Findings from the Due Diligence Survey Mission 2.1 Asht Rayon, Shaydon Jamoat, State Farm “Eriygitov” (reference no. 2)

It will be documented by Ministry of Agriculture that the farm concerned belongs to the state.

2.2 Bobojon Gafurov Rayon, Ispisor Jamoat, Joint Stock Company A. Jumaev (ref. no. 1-2) It has been made clear that Mr Abdumanonov is not the owner of the farm or the current representative of the farm. The amount paid to him during the compensation process (TJS 6,694.20) was transferred to the account of the farm (collective private farm) on 20th February 2014. The issue has been clarified and completed on the condition that the assembly of the farm members agree retrospectively to the land transfer to Barki Tojik and the fixed compensation amount. This will be evidenced by a protocol of a meeting to be held as soon as possible.

[see document 12 for the payment by Mr Abdumanonov to the farm bank account on 20. February 2014]

2 The numeration of the documents refers to all documents consulted during the Due Diligence Mission. Only documents which refer to cases dealt with in this report are shown in the attachments.

6793A04/FICHT­13668589­v1 2

2.3 Bobojon Gafurov Rayon, Ismoil Jamoat, Farm T. Kushatov (ref. no. 3-4)

Mr H. Rahmonberdiev has been compensated only for damages/losses on the 1.75 ha of land which he used before or during the Detailed Measurement Survey. The additional land he rented later is not subject to the compensation process. The issue has been clarified and completed.

2.4 Bobojon Gafurov Rayon, Ismoil Jamoat, Farm T. Kushatov (ref. no. 5)

Mr A. Abduvaliev has been compensated only for damages/losses on the 1.66 ha of land which he used before or during the Detailed Measurement Survey. The additional land he rented later is not subject to the compensation process. The issue has been clarified and completed.

[see document 5 which shows the land contract as legal basis for compensation payment]

2.5 Bobojon Gafurov Rayon, Ismoil Jamoat, private farm No. 4 (ref. no. 8-9)

Mr R. Boymirzoev is representative of a collective dekhan farm. The land of Farm No. 4 (88.56) ha was given to the collective of all farmers of the former sovkhoz by document 000414 on 17th December 1998 and registered under no. 303/1 by the land committee. There is no proof that Mr Boymirzoec is owner of the entire land usage right for 88.56 ha. The question of whether or not he has previously paid land tax and irrigation water fees is not relevant to the issue of compensation. According to Tajik law, the land usage rights belong to the whole group of farmers under the registered land title. In such cases there are two options:

­ the farm land could still be used collectively. If this situation is identified it is proposed that all farmers get an equal share of the compensation money already paid. In order to allow for an unbureaucratic procedure it is recommended to only include those households onto the list of entitled persons which a) were on the membership list of the Kolkhoz/Sovkhoz when the collective land title was registered in December 1998 and b) which are still registered as residents in the Jamoat concerned. It would be impossible to extend the list of entitled persons to households which are no longer living in the Jamoat. The payment can be evidenced by a list of signatures from all farm members to be sent to PMU, in which they confirm receipt of the payment;

­ the farm land could be used individually by farmers. If this situation is identified the money has to be transferred to the farmer, or the farmers, who are actually affected by civil works. The payment can be evidenced by a list of signatures from all affected farmers to be sent to PMU, in which they confirm receipt of the payment.

6793A04/FICHT­13668589­v1 3 A review on 3rd April 2014 in the concerned Jamoat proved that there are currently 25 farmers which will be affected by power line construction. Consequently, the compensation money will be re­distributed to these farmer in equal shares because the land affected is exploited by them in equal parts, too. The amount of money which will be redistributed is TJS5,806 or TJS232.2 per person.

Addendum: On April 3rd 2014 the repayment was made and on April 4th the affected farmers received the compensation payment in equal shares. [see document 7 showing that the land has been registered under the “dekhan farm”; attachment G­1 proofs the repayment and new distribution of the compensation money]

2.6 Bobojon Gafurov Rayon, Ismoil Jamoat, private farm No.3 (ref. no 10-11)

Mr M. Boymirzoev is representative of a collective dekhan farm. The land of Farm No. 3 (71.01) ha was given to the collective of all farmers of the former sovkhoz by document 000413 on 17th December 1998 and registered under no. 303/2 by the land committee. There is no proof that Mr M. Boymirzoev is owner of the entire land usage right for 71.01 ha. The question of whether or not he has previously paid land tax and irrigation water fees is not relevant to the issue of compensation. According to Tajik law, the land usage rights belong to the whole group of farmers under the registered land title.

A review on 3rd April 2014 in the concerned Jamoat proved that there are currently five farmers which will be affected by power line construction. Consequently, Money will be re­ distributed between these farmers according to the area of their land which will be permanently lost or temporarily damaged during construction. The amount of money which will be redistributed is TJS45,254.

[see document 8 showing that the land has been registered under the “dekhan farm”; attachment G­2 proofs the repayment and new distribution of the compensation money]

2.7 Bobojon Gafurov Rayon, Ismoil Jamoat, private „Sultonmalik“ (ref. no. 12-14)

Mr S. Abdukarimov is representative of a collective dekhan farm. The land of Farm Sultonmalik (63.41) ha was given to the collective of all farmers of the former sovkhoz by document 0318878 on 23th December 2012 and registered under no. 26­007­000343 by the land committee. There is no proof that Mr S. Abdulkarimov is owner of the entire land usage right for 63.141 ha. The question of whether or not he has previously paid land tax and irrigation water fees is not relevant to the issue of compensation. According to Tajik law the land usage rights belong to the whole group of farmers under the registered land title.

6793A04/FICHT­13668589­v1 4 The review on 3rd April 2014 in the concerned Jamoat proved that there are currently four farmers which will be affected by power line construction. Consequently, Money will be re­ distributed between these farmers according to the area of their land which will be permanently lost or temporarily damaged during construction. The amount of money which will be redistributed is TJS18,200.

Addendum: On April 3rd 2014 the repayment was made and on the same day the affected farmers received the compensation payment in shares according to their specific losses [see attachment G­3 proofs the repayment and new distribution of the compensation money].

3. Conclusions The due diligence survey has reviewed seven cases where questions regarding the compensation process for damages remained open. In four of these cases measures have already been taken so that during the mission these cases could be concluded (no. 1 – 4).

For the remaining three cases (no. 5 – 7) measures have started in order to redistribute a total amount of TJS 69,260 to the 34 affected farmers. To date the repayment has been made by the concerned farm mangers and the actually affected farmers have received the compensation payments (see attachments G 1 – G 3). Consequently, all pending issues could definitely be concluded.

6793A04/FICHT­13668589­v1 5 4. Attachments

Document 1

6

Document 5

7

Document 7

8 Translation of Document 7:

Type A No. 000414 Land use rights Certificate for enduring usage of the land for Peasant farm No.4. Land committee of the Republic of Tajikistan pursuant to the order of the Hukumat of Khujand city at 17th of December 1998 (No.303/3) was parceled out the land in quantity of 88,56 ha. for usage of the Peasant farm No.4. This Certificate consists in two copies. One copy is given to the peasant farm, second copy is given to the land committee of the district. Registration number:______

Land Committee of the Republic of Tajikistan

9

Document 8

10 Translation of Document 8:

Type A No. 000413 Land use rights Certificate for enduring usage of the land for Peasant farm No.3. Land committee of the Republic of Tajikistan pursuant to the order of the Hukumat of Khujand city at 17th of December 1998 (No.303/2) was parceled out the land in quantity of 71,01 ha. for usage of the Peasant farm No.3. This Certificate consists in two copies. One copy is given to the peasant farm, second copy is given to the land committee of the district. Registration number:______

Land Committee of the Republic of Tajikistan

11

Document 10

12 Translation of Document 10:

Certificate of Land use rights

Landowner (legal person): Members of the Peasant Farm “Sultonmalik” Type of the usage: For enduring usage Legal entity: Overall area: 63,41 ha, including: wood ­0,85ha, vineland­ 55,01ha, water and road­ 2,59ha, buildings­0,08ha, others­4,88ha Bobojon Gafurov district, Kolhoz Ismoil Basis for the order: Order of the director of B.Gafurov district from 20.01.2012, No.36 Land was given for agricultural works. Above mentioned Certificate was issued by Land Committee of the Bovojon Gafurov region. Date of issue: 23/10/2012 Registration number: 2293

13

Attachment G­1 Boymirzoev.R

6793A04/FICHT­13668589­v1 cv/;c ､Ｂ ｾ＠ "] (KOpXOHCi, raWKIIIIlOr) PA CMA op,QepH AapOMaAH ｘ｡ Ｓ ｈ ｈ ｡ｂ ｾＧＢ＠ N2 0 ....1:.___

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_D/H.No.4___ H/D. No.4___ Enterprise, organization Enterprise, organization

PETTY CASH RECEIPT NO.1____ RECEIPT Date: 03.04.2014 To the petty cash receipt No. 1__ Accept from: R. Boymirzoev______No. amount Basis: Compensation Payment from ADB 5806­01 project No.0213____ Five thousand eight hundred six somoni and Was issued to: R. Boymirzoev 01 diram ______Basis: Compensation Payment from ADB project

No.0213____ 20. 02. 2014______Five thousand eight hundred six somoni and 01 diram

Chief accountant ______Basis: payable schedule No.01 date 04.04.14 Director: ______Chief accountant: ______Cashier ______Accept: Five thousand eight hundred six somoni and 01

diram Date: 03.04.14___ signature:______Document No.: A2452822, Department of Internal Affairs of B. Gafurov Issued: cashier ______

t) ｾ＠ t [ L I Ｍ Ｍ Ｍ ＭＭＭＺＭＭＭＭＭＫＭｾＭＫＭＭＭＭＭＫＭＭＭＭＭＭＭＭｾＭＭＭＭＭＭＭＫＭＭＭＺＮＮＭ ＭＫ Ｍｾﾭ

Ｇ＠ ｾ ｜ ﾷ＠ ﾷ＠ ｴＮＮＱＱ＠ ｾ＠ Ｑ＠ Ｑ ｾ｜Ｍ ｊＡＧ ｜ ｉｓｬｴＱ ｾ Ｑ . i l l :'! . \ "\ 1 1 "" I \ I i) Il f ­I! ;\I 'dill . ' . ;1 ｾＬ Ｌ＠ Ｂ＠ ｩ ｟ ｾ＠ ｬ ｬＧ Ｚ＠ Ｇ＠ ,. )! l l! ＱＧ＠ ｜ ｾ Ｚ ｱＢｌＧｗ､＠ ·J1 ."\(lIL'I'I ­(lj ｾ＠ ',­I(d"" 11.'",1' 111 Ｌ＠ ｾ ｜ﾭ ｾ＠ｲ Ｇｦ ｬｊＱ｛＠ ｾ＠ ru

­­­­ Ｏｉｏ ﾭ ＭＭ Ｍ ｾ Ｎ＠ ｾ＠ ｱ Ｌ＠ ｌｊｏｉ｜ｩｏｬｲｾｬｉ＠ UUHmJJ"UlrIJ !!.lXOI1dCIJ IfJ.JOI\Oli;)g ATTACHMENT G- 1/2 To cash desk______Organization______

Prompt payment from ______till______department

In sum ___Five thousand and eight hundred six somoni 01 diram

Project Head______Chief Accountant______

PAYROLL BOOK NO. ___01______

April, 4 2014

No. Position Name Amount Acknowledgment of No. somoni diram or signature of table 1. R. Boimirzoev 232 24 2. S. Shodiboeva 232 24 3. S. Abdurahmonova 232 24 4. B. Doniyorova 232 24 5. M. Ruziqulova 232 24 6. A. Umarov 232 24 7. A. Anorqulov 232 24 8. I. Otaqulov 232 24 9. F. Hushnazarova 232 24 10. N. Ismadiyorov 232 24 11. A. Botirov 232 24 12. S. Botirova 232 24 13. D. Pirmatova 232 24 14. M. Hakimqulova 232 24 15. U. Mansurqulov 232 24 16. Q. Abdunazarov 232 24 17. A. Otaboev 232 24 18. F. Khisamieva 232 24 19. A. Abdurahmonov 232 24 20. F. Khudoiberdiev 232 24 21. G. Rahmonberdieva 232 24 22. M. Esasnturdieva 232 24 23. G. Abdurahmonova 232 24 24. Sh. Otaboeva 232 25 25. S. Hakimqulova 232 24 Total: 5 806 01

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Ir/CT)O ｾ｡Ｍｶ＠ ｾｾ｡ 70 t;o

-RO.ftb7) ATTACHMENT G 1-3

ACT

From April 4, 2014 Ismoil village Soviet

We undersigned, R. Boimirzoev is a head of collective dekhan farm № 4, A. Umarov is a worker of collective dekhan farm, S. Abdurahmonova is a worker of collective dekhan farm which have prepared the real act on the results of Project of ADB No.0213­TAJ OHL 220 kV «Kayrakkum­ Asht», and we would like to inform you that it was paid the compensation in the amount of 5806­ 01 (five thousand and eight hundred six – 01 diram) by the Project Implementation Organization for rehabilitation vine lands and plantings:

The current amount was paid by “Amonatbank” in Gafurov city, on 19.02.2014.

The disbursed amount was accepted to the cash of collective dekhan farm № 4 (cash order No. 1 dated 19.02.2014).

The disbursed amount on the payroll was paid to the collective dekhan farm members for rehabilitation of vine lands and planting (the remuneration statement is attached No. 01 dated 04.04.14).

On the basis of this, there was prepared the current act.

R. Boimirzoev signature

A. Umarov signature

S. Abdurahmonova signature

Attachment G­2 Boymirzoev.M

6793A04/FICHT­13668589­v1 ｾｂ＠ ｈ＠ ｔａ＠ ｈ＠ ｕｈｓｉ＠

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)<.[..2 .. [3. COW. M J(Hp. 19 J. 200L!i­r.

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,lJ;o.na wy.n 6a ;" ­ ａｾＮａＢＢＧＭＭＭ Ｇ ｾ＠ IT """ 4..CJ4' ATTACHMENT G 2‐1

_HD. Z B Gafurov___ Enterprise, organization

RECEIPT To the petty cash receipt No. 1__ Accept from: M. Boymirzoev______Basis: Compensation Payment____ Forty five thousand two hundred fifty three somoni and 91 diram ______45253 somoni 91 diram______2. 02. 2014______

Chief accountant ______

Cashier ______

HD. Z B Gafurov___ Enterprise, organization

PETTY CASH RECEIPT NO.5___

Date: 04.04.2014

No. amount 13331

Was issued to: A. Abdurakhmanov Basis: Compensation Payment______Thirteen thousand three hundred thirty one somoni Director: ______Chief accountant: ______Accept: Thirteen thousand three hundred thirty one somoni Date: 04.04.14__ signature:______Document No.: A1159360, Department of Internal Affairs of B. Gafurov Issued: cashier ______

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COAMPHOMAM XA3MHABM ｎＹＺＮＭＭＭ ｾ＠ __ CaHa I Mox, I I If I _ O¥ _ IJY _c.20LL CypaTX,HC05H KOp­ ｐ｡ｍＳｈｾ｣ｯＶｈ＠ N'2 Ma6JIaF PaM3H nyppaH 6fT ｰ･｣ｮｯｈａ･ｈｔｈＮ｣ｹＵ｣ｾ･ｔ Twr,JIHJIH Myai{S1HWYJJ:a ｉｴｊｦｊＯｊｾ＠ gf ＮＺｊｉｾ＠ g 'y.PA ;./ o­b.q ? 'J#P HOMyHaca5 .. Acoc ｾｾｦｦｦｩ＠ nrJ P .f ｾＢｘ＠ :Xl) 'W5Q (' ,. I ­ ATTACHMENT G 2‐ 2

_ HD. Z B Gafurov___ Enterprise, organization PETTY CASH RECEIPT NO.1____ Date: 04.04.2014 No. amount 6536

Was issued to: M. Boymirzoev ______Basis: Compensation Payment______Six thousand five hundred thirty six somoni Director: ______Chief accountant: ______Accept: Six thousand five hundred thirty six somoni Date: 04.04.14___ signature:______Document No.: A2452822, Department of Internal Affairs of B. Gafurov Issued: cashier ______

HD. Z B Gafurov___ Enterprise, organization

PETTY CASH RECEIPT NO.2____

Date: 04.04.2014

No. amount 10000,91

Was issued to: R. Abdurakhmanova Basis: Compensation Payment______Ten thousand somoni and ninety one diram Director: ______Chief accountant: ______Accept: Ten thousand somoni and ninety one diram Date: 04.04.14___ signature:______Document No.: A1055993, Department of Internal Affairs of B. Gafurov Issued: cashier ______

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3aMHMa ­ ­ v (l l n s .. ATTACHMENT G 2‐ 3

HD. Z B Gafurov___ Enterprise, organization

PETTY CASH RECEIPT NO.3____

Date: 04.04.2014

No. amount 4026

Was issued to: A. Abdurakhmanov Basis: Compensation Payment______Four thousand twenty six somoni Director: ______Chief accountant: ______Accept: Four thousand twenty six somoni Date: 04.04.14___ signature:______Document No.: A3857780, Department of Internal Affairs of B. Gafurov Issued: cashier ______

HD. Z B Gafurov___ Enterprise, organization

PETTY CASH RECEIPT NO. 4___

Date: 04.04.2014

No. amount 11360

Was issued to: O. Chimpulotov Basis: Compensation Payment______Eleven thousand three hundred sixty somoni Director: ______Chief accountant: ______Accept: Eleven thousand and three hundred sixty somoni Date: 04.04.14___ signature:______Document No.: A4269775, Department of Internal Affairs of B. Gafurov Issued: cashier ______

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\ v" ｾ Ｎ＠ ,,­.•.,. ATTACHMENT G 2‐4

ACT

From 04th April 8, 2014 Ismoil village Soviet

We undersigned, Mavlon Boimirzoev, Abdushuk ur Abdurakhmonov, Rahima Abdurakhmonova, Abdulatif Abdurakhmonov, Orifjon Chimpulatov handed over this act concerning sum distribution on behalf of Barki Tojik for vintage compensation to install the towers.

According to region Committee report in the collective dekhan farm territory will be installed two towers, which are situated in Mavlon Boimirzoev, Abdushukur Abdurakhmonov, Rahima Abdurakhmonova, Abdulatif Abdurakhmonov, Or ifjon Chimpulatov gardens, the amount of compensation according to stakeholders are the followings:

1. Mavlon Boimirzoev – 6536 somoni 2. Abdushukur Abdurakhmonov – 13331 somoni 3. Rahima Abdurakhmonova – 10000,91 somoni 4. Abdulatif Abdurakhmonov – 4026 somoni 5. Orifjon Chimpulatov – 11360 somoni

The calculated amount was distributed in the presence of stakeholders AHD B. Gafurov and A. Akhmedov.

On the basis of this, there was prepared the current act.

Undersigned:

Mavlon Boimirzoev

Abdushukur Abdurakhmonov

Rahima Abdurakhmonova

Abdulatif Abdurakhmonov

Orifjon Chimpulatov

Approve the distributed amount.

A. Akhmedov

Attachment G­3 Abdukarimov.S

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ATTACHMENT G 3‐1

_H/D Sultonmalik___ H/D Sultonmalik______Enterprise, organization Enterprise, organization

PETTY CASH RECEIPT NO.1____ RECEIPT Date: 04.04.2014 To the petty cash receipt No. 1__ Accept from: S. Abdukarimov _____ No. amount Basis: Compensation Payment of the ADB 18199­82 project No.0213 TAJ______Eighteen thousand one hundred ninety nine Was issued to: M. Boymirzoev somoni and 82 diram ______Basis: Compensation Payment of the ADB project No.0213 ______18199 somoni 82 diram______TAJ______19. 02. 2014______Eighteen thousand one hundred ninety nine somoni and 82 diram ______Chief accountant ______Director: ______Chief accountant: ______

Cashier ______Accept: 18199, 82 Date: 04.04.14___ signature:______Document No.: ______Issued: cashier ______

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.. ATTACHMENT G 3 ‐ 2

Enterprise: dekhan farm “Sultonmalik” payroll record No.01 for 03.04.14

No. Job Surname, name, Amount Signature position patronymic recipient somoni diram 1 2 3 4 5 6 1 Sulton Abdukarimov 5415 03 2 Mamadkul Abdukarimov 1760 61 3 Bahodir Ergashboev 5512 09 4 Karomat Ergashboeva 5512 09 Totally 18199 82 Amount: Eighteen thousand one hundred ninety nine somoni and 82 diram

CalIa,[{

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ACT

From April 3, 2014 Ismoil village Soviet

We undersigned, S.A. Abdukarimov is a head of collective dekhan farm “Sultonmalik”, N. Huseinov is a worker of collective dekhan fa rm, R. Ergashboev is a worker of collective dekhan farm which have prepared the real act concerning on Project implementation of ADB No.0213­TAJ OHL 220 kV «Kayrakkum­Ash t», and we would like to inform you that it was paid the compens ation in the amount of 18199, 82 (eighteen thousand one hundred and ninety nine and 82 dirams) The current amount was paid by “Amonatbank” in Gafurov city, on 19.02.2014 (expenditure voucher from 19.02.2014). The disbursed amount was accepted to the cash of collective dekhan farm “Sultonmalik” (petty cash order No. 1 dated 19.02.2014). The disbursed amount on the pa yroll was paid to the collective dekhan farm members for rehabilitation of vine lands and planting (payroll record is attached No. 01 dated 03.04.14). On the basis of this, there was prepared the current act.

S. A. Abdukarimov ______

N. Huseinov ______

R. Ergashev______