Resettlement Plan
Total Page:16
File Type:pdf, Size:1020Kb
Resettlement Plan September 2017 AZE: Power Distribution Enhancement Investment Program, Tranche 1 Prepared by OJSC Azerishiq for the Asian Development Bank. Land Acquisition and Resettlement Plan Zardab (rayon) sub-project, Document Stage: Final Project Number: L3047 AZE Date: 20 September 2017 Azerbaijan: Power Distribution Enhancement Investment Program ± Tranche 1 (L3047) Prepared by OJSC Azerishiq for the Asian Development Bank The Land Acquisition and Resettlement Plan (LARP) is a document of the borrower. The views expressed herein do not necessarily represent thosH RI $'%¶V %RDUG RI Directors, Management, or staff, and may be preliminary innature. Table of Contents EXECUTIVE SUMMARY ............................................................................................................ 5 CHAPTER 1: INTRODUCTION .................................................................................................. 7 1.1 Project Description ................................................................................................................ 7 1.2 Sub-project activities ............................................................................................................. 8 1.3 Objective of the Land Acquisition and Resettlement Plan (LARP) and Methodology ............. 9 CHAPTER 2: SOCIOECONOMIC BACKGROUND OF THE PROJECT AREA ....................... 10 2.1 Socioeconomic profile of the sub-project rayon (Zardab) .................................................... 10 2.2 Socioeconomic profile of Displaced Persons (DPs) ............................................................. 10 CHAPTER 3: IMPACT ASSESSMENT AND COMPENSATION .............................................. 11 3.1 Scope of LAR impacts ........................................................................................................ 11 3.2 Determination of Compensation Values .............................................................................. 12 CHAPTER 4: OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS ....................... 14 4.1 Legal and Policy Background .............................................................................................. 14 4.2 Compensation Eligibility and Entitlements for the Project .................................................... 21 CHAPTER 5: GRIEVANCE REDRESS MECHANISM ............................................................. 24 CHAPTER 6: PUBLIC CONSULTATION AND INFORMATION DISCLOSURE ...................... 26 CHAPTER 7: RESETTLEMENT BUDGET ............................................................................... 26 CHAPTER 8: INSTITUTIONAL ARRANGEMENTS ................................................................. 27 CHAPTER 9: IMPLEMENTATION SCHEDULE ....................................................................... 28 CHAPTER 10: MONITORING AND REPORTING .................................................................... 29 Land Acquisition and Resettlement Plan for Zardab-Ujar 35 kV line ACCRONYMS AND ABBREVIATIONS ADB - Asian Development Bank BPL - Below Poverty Line DP - Displaced Person DDR - Due Diligence Report DMS - Detailed Measurement Survey GRM - Grievance Redress Mechanism ha - hectare IDPs - Internally Displaced Persons IPSA - Initial Poverty and Social Assessment IR - Involuntary Resettlement JSC - Joint Stock Company km Kilometer LAR - Land Acquisition and Resettlement LARP - Land Acquisition and Resettlement Plan MFF - Multitranche Financing Facility MOF - Ministry of Finance PIU - Project Implementation Unit PMC - Project Management Consultant REP - Rayon Executive Power RESSD - Regional Energy Supply and Sales Department ROW - Right of Way SCPI - State Committee on Property Issues SPS 2009 - Safeguard Policy Statement 2009 NOTES (i) The fiscal year (FY) of the Government of Azerbaijan ends on 31 December. (ii) In this report, "$" refers to US dollars. 3 Land Acquisition and Resettlement Plan for Zardab-Ujar 35 kV line DEFINITION OF TERMS Affected Household: All persons residing under one roof and operating as a single economic unit, who are adversely affected by the Project or any of its components. It may consist of a single nuclear family or an extended family group. Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Displaced Person (DP): Any person who experience full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from involuntary acquisition of land, or involuntary restriction on land use or access to legally designated parks and protected areas. Disabled Person (DP): a person or people (group of individuals) with an impairment or health condition who encounters disability or is perceived to be disabled. Entitlement: Range of measures comprising compensation, income restoration, transitional assistance, income substitution, and relocation which are due to displaced persons (DPs), depending on the nature of their losses, to restore their economic and social base. Cut-off-date: The date for eligibility for resettlement assistance. For this sub-project the final date of the impact assessment will be considered as the cut-off date. Land Acquisition: The process whereby a government agency compulsorily alienate all or part of the land and other assets a person owns or possesses and transfer the ownership and possession to the government agency for state needs subject to provision of compensation at replacement cost. Rehabilitation: Compensatory measures provided under the Land Acquisition and Resettlement Plan other than payment of the replacement cost of acquired assets. Relocation: The physical relocation of a DP from her/his pre-Project place of residence. Replacement Value: The amount required by the DP to replace/reconstruct the assets acquired or damaged by the project calculated based the following elements: fair market value, transaction costs, interest accrued, transitional and restoration costs and other applicable payments. Resettlement: All measures taken to mitigate any and all adverse impacts of the Program on '3¶V SURSHUW\ DQGRU OLYHOLKRRG LQFOXGLQJ FRPSHQVDWLRQ UHORFDWLRQ ZKHUH UHOHYDQW DQG rehabilitation. Below Poverty Line (BPL) Households: Households whose monthly income is less than the official designated poverty line at the time of the census as determined by the Government of Azerbaijan based on the household budget surveys conducted by the State Statistical Committee. Vulnerable Households: Households headed by women, those are below the poverty line, disabled and Internally Displaced Persons (IDPs). 4 This Land Acquisition and Resettlement Plan (LARP) was prepared in accordance with the $VLDQ'HYHORSPHQW%DQN $'% ¶V6DIHJXDUG3ROLF\6WDWHPHQW 636 DQGWKHODZVDQG regulations on land acquisition and resettlement (LAR) in Azerbaijan. It outlines impacts, mitigation measures, cost estimates, and the implementation schedule to compensate the impacts caused by the Zardab Sub-Project under the Power Distribution Enhancement Investment Program ± Tranche 1 (L3407-AZE). Involuntary Resettlement (IR) category of the tranche 1 was set "C" as no LAR impacts were anticipated as per DDR prepared in July 2015. However, in June 2017 Tranche 1 of PDEIP MFF was re-categorized from "C" to "B" for involuntary resettlement due to LAR impacts associated with the changes in project scope. Based on the request from ADB an impact assessment was carried out by the Project Management Consultant (PMC) and the Project Implementation Unit (PIU) in assistance with contractors at all project sites. As s result, it was identified that the only upcoming impacts will be in Zardab-Ujar subproject, while past impact occurred only in Delimemmedli town which experienced acquisition of 0.36ha land plot from private person. Consequently, ADB agreed with Azerishig to prepare Land Acquisition and Resettlement Plan (LARP) for the upcoming impacts in Zardab and Corrective Action Plan (CAP) for Delimemmedli town. It was also agreed that Azerishig shall prepare Due Diligence Report (DDR) for all other sub-projects to confirm that there hasn't been and impacts and the remaining works will not have impacts on private assets and people's livelihoods. Therefore, this sub-project is the only project component having LAR impacts within the Tranche 1. The sub-project (as well as the entire Tranche) affects 7 households (HHs) having 30 family members. Azerishig will prepare and submit to ADB Due Diligence Reports (DDRs) for all other sub-projects and components of the Project. The subproject involves construction of 35/10/0.4 kv power transmission lines that has very few impacts limited to permanent acquisition of few square meters of agricultural lands to erect towers, and impacts on crops during stringing works. The subproject has been assessed by the team of social safeguard specialists from the Project Implementation Unit (PIU) of Azerishig and the Project Management Consultant (PMC). This LARP is based on the final detailed design of the subproject. Azerishig JSC, the Executing Agency, has overall responsibility for the Project, including the preparation, implementation and financing of all LAR tasks and interagency coordination. Azerishig will exercise its functions through the Project Implementation Unit (PIU), which handles day-to-day project activities. LAR tasks will be managed by the Investment Department of Azerishig in assistance with