Land Acquisition and Resettlement Plan Internal Monitoring and Evaluation Report
March 2014
UZB: Central Asia Regional Economic Cooperation Corridor 2 Road Investment Program – Project 2
Prepared by the Republican Road Fund under the Ministry of Finance of the Republic of Uzbekistan.
This land acquisition and resettlement plan internal monitoring and evaluation report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
О ZBEKISTON RESPUBLIKASI РЕСПУБЛИКАНСКИЙ
M OLIYA VAZIRLIGI ДОРОЖ НЫ Й ФОНД ПРИ
HUZURIDAGI М ИНИСТЕРСТВЕ ФИНАНСОВ
RESPUBLIKA YO'L JAM G’ARM ASI РЕСПУБЛИКИ УЗБЕКИСТАН
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Т о Ms Xiaohong Yang Director, CWTC Central & West Asia Department Asian Development Bank, ADB PO Box 789 Manila Philippines 0980 Tel.: (632) 632 6871, Fax: (632) 636 2444
Subject: Submission of LARP Report CAREC Corridor 2 Road Investment Program, Project 2
In accordance with the loan agreement No.2746 we are submitting the updated draft LARP Report for MFF1 Project 2 for your consideration.
S in c e re ly J o
Jamol Shukurov Director of Republican Road Fund Ministry of Finance Uzbekistan
100017, Toshkent sh., Istiqlol, 29 100017, г. Т аш кент, И сти клол, 29
Tel.: (998 71) 239-11-12, 239-14-79 0 1 .1 5 2 Т ел .: (998 71) 239-11-12, 239-14-79 Faks: (998 71)239-14-69 Ф ак с: (998 71)239-14-69 Land Acquisition and Resettlement Plan (LARP)Internal Monitoring and Evaluation Report for
Project 2: Km 355 – Km 440 (85km)
ADB Loan Number: 2746-UZB
Feb, 2014
UZBEKISTAN: CAREC Corridor 2 Road Investment Program
Prepared by the Uzbekistan Republican Road Fund under the Ministry of Finance of Uzbekistan for the Asian Development Bank (ADB).
Tashkent – 2014 CAREC CORRIDOR 2 ROAD INVESTMENT PROGRAM: PROJECT-2
TABLEOFCONTENTS
I. INTRODUCTION...... 1
II. THE PROJECT AND LARP FOR THE PROJECT ...... 1
A. OVERALL BRIEF PROJECT DESCRIPTION ...... 1 1. THE UZBEKISTAN CAREC 2 MFF INVESTMENT PROJECT, TRANCHE 2 …………………. 1 2. THE STATUS OF PROJECT IMPLEMENTATION ………………………………………………………………3 B. THE SCOPE OF LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)….……….….…….…3 ENTITLEMENTS TO COMPENSATION..……………………………………………………………………………………….4 FORMALIZATION OF TITLE/REGISTRATION. …………………………………………………………………………..4 COMPENSATION FOR LAND………………………………………………………………………………………………………4 BUSINESSES ……………………………………………………………………………………………………………………………..5 STRUCTURES ……………………………………………………………………………………………………………………………..6 LIVELIHOOD AND RELOCATION ALLOWANCES ………………………………………………………………6 III. IMPLEMENTATION OF LARP ...... 7
C. UPDATE LARP …………………………………………………………………………………………………………………7 D. INFORMATION DISCLOSURE ……………………………………………………………………………………….7 E. GRIEVANCE REDRESS COMMITTEE …………………………………………………………………………..7 F. STATUS OF COMPENSATION ……………………………………………………………………………………….8 1. STATUS OF AFFECTED HOUSEHOLDS …………………………………………………………………………..8 2. REVISED BUDGET FOR COMPENSATION ………………………………………………………………….…..…9 G. OPPORTUNITIES TO DERIVE DEVELOPMENT BENEFITS………………………………………………….…2 1. RECOMMENDATION AND CONCLUSIONS ……………………………………………………………..3
TABLES
TABLE 1: SUMMARY OF IMPACTS – PROJECT 2 …………………………………………..3 TABLE 2 - LANDREQUIREDFORPROJECT 2 …………………………………………………...4 TABLE 3 : LAND PREPARATION COSTS ……………………………………………………5 TABLE 4: BUSINESS AND WORKER COMPENSATION ('000 SUM) …………………………5 TABLE 5: COMPENSATION FOR STRUCTURES. …………………………………………..6 TABLE 6: STATUS OF AFFECTED HOUSEHOLDS …………………………………………..7 TABLE 7: BUDGET FOR LARP IMPLEMENTATION. …………………………………………..9
APPENDIXES APPENDIX 1: SUMMARY OF LARP INCLUDING THE COMPENSATIONS PROVIDED TO AP AND COMPENSATION REFUSAL LETTERS FROM AHS APPENDIX 2: ROMITONHOKIMS’ DECREE CONCERNING PURCHASING OF COMPENSATIONS APPENDIX 3: PAYMENT LISTS TO MURODOV, MURODOV’S CONFIRMATION LETTER OF GETTING COMPENSATION. APPENDIX 4: PAYMENT LISTS TO ASLONOV, ASLONOV’S CONFIRMATION LETTER OF GETTING COMPENSATION.
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CAREC CORRIDOR 2 ROAD INVESTMENT PROGRAM: PROJECT-2
APPENDIX 5: WAIVE LETTER OF MIRZAEV FAYOZ. APPENDIX 6: WAIVE LETTER OF ASHUROV OLIM
ABBREVIATIONS
AB Affected Business AC Asphaltic Concrete ADB Asian Development Bank AH Affected Household AIDS Acquired Immune Deficiency Syndrome AP Affected Person CAREC Central Asia Regional Economic Cooperation CSS Country Safeguard System D/PLARC District/Provincial Land Acquisition and Resettlement Commission DI Design Institute DP Displaced Person EA Executing Agency EMA External Monitoring Agency GAP Gender Action Plan GFP Grievance Focal Point GRC Grievance Redress Committee Ha Hectares HH Households HIV Human Immunodeficiency Virus IA Implementing Agency IMA Internal Monitoring Agency Km Kilometre LAR Land Acquisition and Resettlement LC Land Code MFF Multi-Tranche Financing Facility PMU Project Management Unit PSA Poverty & Socio-Economic Assessment RP Resettlement Plan RRF / RF Republican Road Fund under Ministry of Finance of Uzbekistan SPS Safeguard Policy Statement TA Technical Assistance
CURRENCY EQUIVALENTS
(as of 25 Feb, 2014) Currency Unit – sum (SUM) SUM1.00 = $0.0004 $1.00 = SUM 2,229
In this report, i. "$" refers to United States dollars (USD) ii. Sum refers to Uzbekistan Sum
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Glossary of Terms Term used to describe all people that are affected by the project impacts. In the context of a LARP it Affected refers to those that are economically or physically displaced by the project. It is increasingly being Persons replaced by the term “Displaced Person” following ADB Safeguard Policy 2009 – but is still in common use in the field.
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. means the date after which people will NOT be considered eligible for compensation i.e. they are not Cut-off-date included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. Sometimes referred to as Affected Persons (APs). In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) Displaced and/or economically displaced (loss of land, assets, access to assets, income sources, or means of Persons livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) Economic involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally Displacement designated parks and protected areas.
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 Entitlement /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 pre-appraisal inventory of assets as a preliminary record of affected or lost assets. losses
Land means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he acquisition owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation. 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 Non-titled land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation. Official government statistics for share of people living under poverty line is not available. The method used to determine poverty, was based on the World Bank's under 2.15 $ per person per month measure. Poor This figure was calculated with respect to climate conditions and other set of factors. The local equivalent was calculated based on the official exchange rate. Physical Relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of land, or (ii) Displacement involuntary restrictions on land use or on access to legally designated parks and protected areas. Replacement means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, cost 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.
Significant means 200 people or more will experience major impacts, which are defined as; (i) being physically impact displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating).
means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled Vulnerable 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).
I. INTRODUCTION
1. This implementation report of LARP has been developed by the Republican Road Fund for Project 2 of the Uzbekistan CAREC 2 Road Project. It follows the format, and includes the required information, as specified in the ADB Safeguard Policy Statement, 2009.
2. In April 2010 the Board of Directors of ADB approved a program of multi tranche financing facility for CAREC Corridor 2 “Road Investment Program” in the amount of USD 600,0 million.
3. Project 2 comprises the new alignment and re-construction of a 2 lane asphaltic concrete (AC) road section between KM355 and Km440 into a new 4 lane, grade separated, dual carriageway, concrete pavement. The design has allowed for regular turning areas across the separating grade. Map 1 outlines the location of Project 2 within the overall CAREC 2 Project.
4. The Project 2 involves activities that acquired land that affected 4 households. All of the households are severely affected, because the land that acquired by the Project 2 more than 20% of total land own by each households.
5. This report is prepared to record activities on implementing LARP particularly on the payment of compensation. This report is submitted to ADB as part of the Loan covenant that required the RRF to fully pay compensation prior to commencement of civil work.
II. THE PROJECT AND LARP FOR THE PROJECT
A. Overall Brief Project Description
1. The Uzbekistan CAREC 2 MFF Investment Project, Tranche 2
6. The Uzbekistan CAREC 2 project will comprise approximately 222 km reconstructed road section of the A380 highway, and improved planning, project management, logistics, road asset management, and community facilities. The relevant A380 sections are located in Bukhara, Khorezm Provinces and the Republic of Karakalpakilstan. The project is financed through ADB’s Multi-tranche Financing Facility (MFF) with 3 tranches being applied for the Investment Program. The first tranche (Project 1) commenced in 2010, and second tranche commenced in 2011, and the third tranche is being processed to obtain ADB’s approval in 2012.
7. Project 2 comprises approximately 85 km reconstructed section of the A380 highway (between Km355 and Km440) and procured road construction and maintenance equipment.
8. In April 2011 the Board of Directors of ADB approved the second tranche of the multi tranche financing facility for CAREC Corridor 2 “Road Investment Program” in the amount of USD 240,0 million.
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9. The total amount of the project cost is 290.2 million USD, including USD 240.0 million (tranche II) through Ordinary Capital Resources (OCR) of the Asian Development Bank, and the contribution of the Republic of Uzbekistan in the amount of 50.2 million USD.
10. Loan Agreement №2746-UZB (CAREC Corridor 2 Road Investment Program) signed on April 12, 2011 and came into force from the same date. The loan closing date is June 30, 2014.
11. Project 2 comprises the reconstruction of the current 2 lane asphaltic concrete (AC) road section between Km355 and Km440 (85km) Highway A-380 "Guzar-Bukhara-Nukus- Beyneu" into a new 4 lane, grade separated, dual carriageway, concrete pavement. The design has allowed for regular turning areas across the separating grade.Map 1 outlines the location of Project 2 within the overall CAREC 2 Project.
12. Instructions from the Road Design Institute (DI) indicate that the road pavement and shoulder will be 14m wide for each carriageway. The majority of the dual carriageway will also comprise an easement of 7m along each side of the road. Specific section drawings provided by the DI (such as in turning areas and curves) allow for a 50m easement.
13. According to the LARP prepared by IKS, Sept 2010 the Project 2 is categorized as a “B” project. The project involves activities that acquired land that affected 4 households.
14. The proposed highway generally follows the existing A380 alignment, which is serviced by a small number of cafes, shops, garages, auto and tire repair facilities and provincial road control posts. The newly proposed carriageway is sometimes aligned to north, and sometimes south of the existing based on a number of overall design criteria (see “Alternatives Considered”)
15. The project includes contracts for the following components:
- Civilworks; - Consulting services.
Map 1 outlines the location of Project 2 within the overall CAREC 2 Project.
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2. The Status of Project Implementation
16. After signing the loan agreement, international tender auctions on determining the construction company were started. On June 1, 2011, an advertisement posted through mass media on carrying out international retender. Technical bid opening of the construction companies on reconstruction of the highway A-380 Guzar-Bukhara-Nukus- Beyneu on the site 355-440 km was held on July 12, 2011. Evaluation of technical bids finished and on September 8, 2011 approval received from ADB. On September 21, 2011 opening financial bids of the companies was held. According to the results of financial proposals, contract for constructing was awarded Kukdong Engineering & Construction Co. LTD (Korea). On November 17, 2011 contract between Republican Road Fund and Kukdong Engineering & Construction Co. LTD (Korea) was signed and on November 21, 2011 was submitted to MFERIT (Ministry of Foreign Economic Relations, Investments and Trade) for consideration. MFERIT registered the contract on March 27, 2012 and according to the contract advance payment amounting 22,42 mln. USD was paid to the company.
17. The Notice to proceed was given to the Contractor on 22May 2012. Currently, the contractor is in the process of mobilizing resources.
B. The Scope of Land Acquisition and Resettlement Plan (LARP)
18. The widening of the existing road corridor to accommodate a grade/barrier- separated dual carriageway will result in a small number of impacts on existing private assets. Furthermore, the addition of wider sections to accommodate slow down lanes for u-turns and entry/exit of joining roads has been designed at existing road junctions – where often there are cafes and shops. Nonetheless, impacts have been minimized. 19. The owners of the structures, indicating their locations are describe below (pictures of the buildings provided in Appendix 2):
1. Aslonov Sulaymon (R23731) North side of the existing road (km 372.6) is a café, gardens and auto repair facility (including pits). The café is of block construction and open air design. All will be destroyed.
2. Mirzayev Fayoz (R23771) South side of the road (km 376.3) is an ex-café and gardens to the south side of the road. The café is generally in poor condition, and non- operational. The structures and gardens no longer affected since they are located on the south side of the road. On the North side of the road – Non-operating truck Repair. Structure will be removed.
3. Ashurov Olim (R23811) North side of the road (km 381) is a large mud-brick structure. There are no fittings (windows, doors) or gardens. It is non-operating business.
4. Murodov Tulkin (R24317) North side of the road (km 432.3) is a large mud-brick structure. There are no fittings (windows, doors) or gardens. It is abandoned structure. Owner moved his business (gas station) to another place. That is his main source of income now.
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20. The summary impact to the affected households is presented in table 1 below:
Table 1: Summary of Impacts – Project 2 Structures Land Workers Displaced Persons Lost
2 Physically Economic № KM ID Total Lost % № m № M F M F 1 KM 372.6 R23731 0.20 0.02 8% 1 16 4 3 1 2 KM 376.3 R23771 0.26 0.16 62% 2 105 - 3 KM 381.0 R23811 0.18 0.013 7% 1 12,6 - 4 KM 432.3 R24317 0.50 0.30 60% 1 21 - Totals 1.14 0.49 42,9% 5 154.6 4 3 1
Source: LARP October2010 21. The compensation describe in the LARP include calculation of compensation as follow:
Entitlements to Compensation
22. The following groups of affected persons (APs) are included in the LARF and also will be addressed in this Land Acquisition and Resettlement Plan (LARP) for Project 2: