45354-002: Building Climate Resilience in the Pyanj River Basin

Land Acquisition and Resettlement Plan

April 2016

Tajikistan: Building Climate Resilience in the Pyanj River Basin

Prepared by the State Institution Project Management Unit of Building Climate Resilience In The Pyanj River Basin Project

This 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. Your attention is directed to the “terms of use” section of this website.

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.

CURRENCY EQUIVALENTS (as of April 20161)

Currency unit – Tajikistan Somoni TJS1.00 = $0.1271 $1.00 = TJS7.8696

ABBREVIATIONS ADB – Asian Development Bank AH – Affected Household ALRI – Agency on Land Reclamation and Irrigation AP – Affected Person DP – Displaced Person EA – Executing Agency FGD – Focus Group Discussion GOT – Government of Republic of Tajikistan GRC – Grievance Redress Committee GRM – Grievance Redress Mechanism Ha – Hectare IR – Involuntary Resettlement LAR – Land Acquisition and Resettlement LARP – Land Acquisition and Resettlement Plan M&E – Monitoring & Evaluation MEWR – Ministry of Energy and Water Resources NGO – Non-government Organization RF – Resettlement Framework RP – Resettlement Plan SSDDR – Social Safeguard Due Diligence Report

GLOSSARY Affected – Any person, affected household (AH), firm or private Person (AP) institution who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with physical or economic displacement Assistance – means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets

1 www.nbt.tj.

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 Cut-off Date – Cut-off date means the date after which persons who have neither formal legal rights nor recognized or recognizable claim to the affected land will no longer be eligible for resettlement assistance. For this project, the date of end of SES and Census survey is considered as the cut-off date (17 January 2016) Displaced – As per ADB Safeguard Policy Statement (SPS) 2009, Person (DP) displaced persons are those who are physically displaced (relocation, loss of residential land,) and or economically displaced (loss of land, assets, access to assets, income sources, or means of 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 Household – A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit) Inventory of – means the pre-appraisal inventory of assets as a preliminary losses record of affected or lost assets Relocation – means displacement or physical moving of the DPs from the affected area to a new area/site and rebuilding homes, infrastructure, provision of assets, including productive land/employment and re-establishing income, livelihoods, living and social systems Replacement – means the value of assets to replace the loss at current cost market price, or 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 Resettlement – means mitigation of all the impacts associated with land acquisition including restriction of access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition Structures – mean all buildings including primary and secondary structures including houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls, tube wells latrines etc. Vulnerable – means households that are (i) headed by single woman or Households woman with dependents and low incomes; (ii) headed by elderly/ disabled people without means of support; (iii) households that fall on or below the poverty line;1 (iv) households of indigenous population or ethnic minority; (v) households of low social group or caste; and (vi) person without title to land

NOTES

(i) The fiscal year (FY) of the Government of Tajikistan ends on 31 December.

(ii) In this report, "$" refers to US dollars and “TJS” refers to Tajikistan Somoni.

CONTENTS EXECUTIVE SUMMARY ...... 2 I. PROJECT DESCRIPTION ...... 9 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 14 III. SOCIO-ECONOMIC INFORMATION AND PROFILE ...... 16 IV. INFORMATION DISCOSURE, CONSULTATION, AND PARTICIPATION ...... 20 V. GRIEVANCE REDRESS MECHANISM ...... 24 VI. LEGAL FRAMEWORK ...... 28 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS ...... 34 VIII. INCOME RESTORATION AND REHABILITATION ...... 39 IX. RESETTLEMENT BUDGET AND FINANCING PLAN ...... 39 X. INSTITUTIONAL ARRANGEMENTS ...... 40 XI. IMPLEMENTATION SCHEDULE ...... 44 XII. MONITORING AND REPORTING ...... 45

Table ES- 1: List of approved sub-projects for detailed design ...... 4 Table ES- 2: Project Location for each jamoat ...... 4 Table ES- 3: Summary Land Acquisition and Resettlement Impact ...... 6 Table ES- 4: LAR Cost Summary Table ...... 6 Table ES- 5: Compensation Entitlement Matrix ...... 7

Table 1: List of approved sub-projects for detailed design ...... 11 Table 2: Project Location for each jamoat ...... 11 Table 3: Summary of Impacts ...... 14 Table 4: Summary of affected trees ...... 15 Table 5: Affected structures ...... 15 Table 6: Affected Households Socio-Economic Profile ...... 17 Table 7: Monthly Income of the Affected Households ...... 18 Table 8: Summary of Public Consultation Meetings...... 21 Table 9: District/Hukumat Land Acquisition and Resettlement Committee (LARC) ...... 26 Table 10: Jamoat Grievance Redress Committee (GRC) ...... 26 Table 11: Summary of Grievance Procedure ...... 26 Table 12: Comparison of ADB Resettlement Safeguards with Tajikistan Laws ...... 32 Table 13: Compensation Entitlement Matrix ...... 35 Table 14: Valuation of affected non-productive trees ...... 38 Table 15: Valuation of affected productive trees ...... 38 Table 16: Valuation of affected structures ...... 38 Table 17: Resettlement Budget ...... 39 Table 18: LARP implementation schedule ...... 44 Table 19: LARP Preparation and Implementation Process ...... 45 Table 20: LARP Internal Monitoring and Evaluation Matrix ...... 46

Figure ES- 1: Trich stream bed catchment area and the village ...... 5

Figure 1: Layout map of the canal on the upper part with 6 meter width...... 12 Figure 2: Layout map of the Trich canal with 8 meter width section...... 13 Figure 3: Schematic Presentation of the Grievance Redress Mechanism ...... 25 Figure 4: LAR institutional arrangements and relations among stakeholders ...... 43

EXECUTIVE SUMMARY

1. This Land Acquisition and Resettlement Plan (LARP) has been developed by the State Institution Project Management Unit of Building Climate Change Resilience in the Pyanj River Basin Project of the Agency on Land Reclamation and Irrigation of the Republic of Tajikistan in compliance with the Asian Development Bank (ADB) Safeguard Policy Statement, 2009 principles and requirements as well as the legislation of the Republic of Tajikistan.

2. The LARP is final implementation ready document, based on the final detailed engineering design, provided by the Loihai Ob in January 2016 and surveys and valuation conducted from February 2016 through March 2016.

3. The objective of this LARP is to ensure implementation of land acquisition and compensation in compliance with the ADB Safeguard Policy Statement, 2009 and the legislation of the Republic of Tajikistan.

4. The initiation of civil works under the project is subject to the following conditions:

(i) Approval of the final LARP by ADB and by Government of the Republic of Tajikistan; (ii) Full disclosure of the final LARP to the displaced persons (DPs) and the public; and (iii) Full implementation of the compensation program described in the final LARP including the full delivery of compensation to the DPs and registration of land/property titles where/if appropriate.

A. Project Scope

5. Tajikistan is one of the most climate vulnerable countries in Central Asia. It frequently experiences extreme climate events such as intense spring rainfall, excessive melt-waters from large snow accumulations and droughts and occasionally devastating glacier lake outburst floods released from temporary glacial lakes. These can cause mudflows and floods or reduce water availability and avalanches, landslides, rock falls in the mountainous regions. These hazards routinely take lives and destroy or degrade land, crops and infrastructure.

6. As a result of these vulnerabilities and predicted climate changes, Tajikistan is a focus country for the Pilot Program for Climate Resilience (PPCR), a multilateral development program which aims to demonstrate the integration of actions to increase climate resilience and to adapt to climate change into development activities. A significant focus of this work was in the Pyanj river basin where communities are already experiencing the impacts of extreme climate events with more than 360 climate-induced disasters were reported over the last two decades.

7. The Pyanj River Basin is the largest in Tajikistan (covering an area of over a hundred thousand square kilometers), contains a large proportion of the country’s agricultural land, has a population of about 1.3 million people, and partly covering two regions, Khatlon Oblast and Gorno Badakhshan Autonomous Oblast (GBAO) with 18 rayons (districts) and 115 jamoats (communities). The Khatlon Oblast geographically closer to and has better communications with the rest of Tajikistan due to its comparatively gentler terrain than the GBAO where the population is sparser but also much more isolated. The main climate threats faced in the flood plains and hills of the Khatlon Oblast region of the Pyanj River Basin are mudflows and floods caused by significant snow-melt and intense spring rain and droughts caused by dryer than

average winters. The GBAO faces similar threats in addition to avalanches, landslides and rock falls resulting from significant winter and spring precipitation.

8. The “Building Climate Resilience in the Pyanj River Basin, Republic of Tajikistan” project under a Grant from the Asian Development Bank number G0352-TAJ is being executed (in part) by the Agency for Land Reclamation and Irrigation (ALRI) through the State Institution Project Management Unit of Building Climate Change Resilience in the Pyanj River Basin Project.

9. The project is included in the Tajikistan Strategic Program for Climate Resilience (SPCR), which was approved for funding under the Strategic Climate Fund (SCF) in November 2010. The project is consistent with the Tajikistan Country Partnership Strategy 2010-2014 and is included in the Country Operation Business Plan 2013–2014 for Tajikistan. This project is also in line with ADB's long-term strategic framework, Strategy 2020, which includes support to increase climate resilience of developing countries and promote the development of the private sector

10. The project’s main objective is to increase climate resilience of communities in the Pyanj River basin through 4 components:

Component 1: more resilient flood protection systems comprising rehabilitation of small scale flood management infrastructure, and capacity building of disaster management committees;

Component 2: more resilient irrigation systems comprising rehabilitation of small scale irrigation infrastructure, and capacity building of water user associations;

Component 3: more resilient drinking water supply systems comprising rehabilitation of drinking water supply infrastructure in highly vulnerable communities, and capacity development of water consumer groups;

Component 4: a microfinance component to provide financial services to vulnerable groups, especially women, and promote climate resilience measures.

11. The above Components 1, 2, 3 and 4 are under the responsibility of different government bodies. Components 1 and 2 are implemented by the State Institution Project Implementation Unit “Climate resilience in Pyanj river basin” under the Agency for Land Reclamation and Irrigation (ALRI).

12. The project comprises physical and nonphysical measures. The main scope of physical measures is the infrastructure upgrade/rehabilitation works that include detailed engineering design, earthworks, reinforced concrete structures, drainage, riverbank protection, replacement of pumping and electrical control equipment.

13. The main scope of non-physical measures is capacity building including supervision and quality assurance during construction, guidance for infrastructure operation and maintenance, training on the climate change adaptation for the local community groups (e.g. jamoat officials, water users associations (WUA), disaster risk management committees (DRMC) and drinking water consumer groups (WCG)). Training for the local communities to be provided through the Project Management Office (PMO) district offices and the Climate Change Information Centers established under the PPCR.

14. A nongovernmental organization (NGO), Loihai Ob was contracted as sub-consultant for providing detailed design and documents needed for bidding for all the sub-projects under the Components 1 and 2. The contract was signed for a start date of 27 April 2015, with the sub- projects approved for detailed design as detailed in table below.

Table ES- 1: List of approved sub-projects for detailed design

№ Description of sub-project for survey and full design

Construction and restoration work of the bank protection structures on the rivers Yah-Su and Kyzyl-Su and single span bridge in Vose District; rehabilitation of Dahana stream bed with 1 cleaning and partly rehabilitation of embankment in Kulob District: Rehabilitation of existing and construction of new infrastructure against floods and erosion and a single span bridge. Construction and rehabilitation works of irrigation systems in the areas of Pyanj (including new pilot drip irrigation system in Pyanj, jamoat Namuna and Kommunizm): Rehabilitation of 2 existing and construction of new infrastructure against floods and erosion including new drip irrigation system. Bank protection works in Darvoz, Vanj and Rushan 3

Irrigation systems construction and reconstruction works in Ishkashim and Roshtkala: 4 Rehabilitation of existing and construction of new infrastructure against floods and erosion

15. The table below provides an overview of the sub-projects locations.

Table ES- 2: Project Location for each jamoat Project Project Village Jamoat DIstrict Code type* VO03 1 Tugay Mahmadaliev Vose VO10 1 Javrez Avazova Vose VO13 1 Sari Angur Rudaki Vose K04 1 Jerkala, Khodjaisog Ziraki Kulob K09 1 Olyovul, Chinor, Yekshuchiog Dahana Kulob P4/8(1) 2 24 villages in 4 jamoats Nuri Vahdat, Namuna, Mekhvar, Pyanj P4/8(2) 2 K.Saifiddinov P100 3 Kommunist Namuna Pyanj D05(1) 1 Kevron Vishkharv Darvoz D05(2) 1 Jorff Vishkharv Darvoz D05(3) 1 Ruzvai Kalaikhumb Darvoz VJ03 1 Bunai1, Bunai2 Jovid Vanj VJ04 1 Vakhdat Vodkhud Vanj RU02 2 Barushan Dodkhudoev Rushan IS03 1 Trich Vrang Iskashim IS01 2 Rotm Zong Iskashim RO01 1 Lakhshik Tusyon Roshtkala RO02 2 Lakhshik, Shosh Tusyon Roshtkala * 1- flood/mudflow protection; 2- rehabilitation of irrigation system; 3 – pilot drip irrigation

16. The detailed engineering design of the vast majority sub-projects suggests that they do not imply land acquisition and/or resettlement impact. The Social Safeguard Due Diligence Report (SSDDR) was prepared for relevant sub-projects and disclosed on ADB website before commencement of the civil work, confirming that they imply no LAR impact.

17. Under the Component 2 of the Project a mudflow canal in Trich locality, Vrang village of same-name jamoat, Ishakshim district will be cleaned and rehabilitated. The detailed design suggests cleaning of the 284 meters long Trich mudflow canal, which goes through the village of Vrang/Trich locality. The mudflow canal is a natural mudflow stream that has been narrowed by flux flow resulted from frequent floods and mudflows over years. This adversely affects the throughput of the canal and causes risks of flooding to the villagers.

18. The figure below shows Trich stream catchment area and the location of the village beneath the stream.

Figure ES- 1: Trich stream bed catchment area and the village

A. Summary of Impacts

19. This LARP is based on the detailed engineering design of the Trich mudflow canal in Vrang jamoat of Ishkashim district, developed by the NGO Loihai Ob. Corridor of impacts as well as data on affected land, trees and structures was defined, a list of affected land plots and their owners2 prepared, based on the detailed design drawings.

20. The obtained data was confirmed during the socio-economic survey, census of affected persons and valuation, including ongoing consultations through FGDs, community meetings and interviews, as per the requirements of the ADB Safeguard Policy Statement 2009.

21. The impact was also verified with involvement of local administration of Ishkashim district, including local self-government of Vrang jamoat, Agricultural, Economic Development Departments, Land Management Authorities etc., Valuation of impact has been carried out by

2 Hereinafter, land owners in this LARP refers to the owners of land use rights over the land plot

the licensed valuator from Khorog office of the State Unitary Enterprise on Valuation at full replacement cost as guided by the Entitlement Matrix (attached to the Valuator’s ToR).

22. Two households experience minor losses resulting from the sub-project implementation. These households constitute total of 17 Affected Persons (APs), including 9 female and 8 male members. Both households will lose strips of their residential land plots. No commercial or agricultural land plots are affected by the sub-project.

23. The sub-project will not incur any impact on non-titleholders. Both DPs have their land allocated by the local authorities back in 1990 and 2014.

24. Total impact on residential land plots makes 179.32 m2 for both households. In total 30 trees, including 27 timber trees and 3 apricot will be affected, belonging to one of two affected households.

25. Affected structures include barns, and masonry walls mostly made of local materials, i.e. stone and mud.

Table ES- 3: Summary Land Acquisition and Resettlement Impact Ref. Description Quantity

1 Total number of permanently affected land parcels 2 2 Total area of land to be acquired permanently (in m2) 179.32 3 Total area of residential land to be acquired permanently (in m2) 179.32 4 Total number of permanently affected households 2 5 Total number of vulnerable households 1 6 Total number of affected structures 7 7 Total number of trees, including: 30 - Fruit trees 3 - Timber trees 27 Source: Valuator and PMO

26. Total resettlement budget for the sub-project makes up TJS18,841.56 which is equivalent to $2,394.22. Table below reflects the resettlement cost based on the impacts identified at the preliminary design stage.

Table ES- 4: LAR Cost Summary Table Item Cost in TJS Cost in $

1 Compensation 1.a Compensation for trees 1,758.00 223.39 1.b Compensation for buildings and structures 11,693.30 1,485.88 1.c Subtotal compensation 13,451.30 1,709.27 2 Allowances 2.a Vulnerability allowance 750.00 95.30 2.b Severity allowance 1,500.00 190.61 2.c Subtotal allowances 2,250.00 285.91 3 Subtotal compensation and allowances 15,701.30 1,995.18 4 Contingency (20%) 3,140.26 399.04 Total 18,841.56 2,394.22 Source: Valuator and PMO

27. Census was conducted for the two affected households in January 2016 along with the socio-economic survey. Secondary data, based on the provided statistics by the Ishkashim district Statistics Office is used to obtain better understanding of the socio- economic conditions of the APs as well as the wider population in the district. This information establishes the baseline data for the monitoring of LARP implementation and the impacts of the project.

28. All data collected was disaggregated by gender, age and other relevant social characteristics as much as possible. Separate Focus Group Discussions with men and women were conducted in the affected Trich locality to verify the findings of the surveys and get the perception of local community about the Project and its impacts.

29. The compensation Entitlement Matrix developed for the sub-project based on the detailed engineering design allows improving the livelihoods of the DPs to the pre-project levels and mitigating the project impact on them. All DPs are entitled for compensation irrespective of their land ownership/use status. The table below summarizes the compensation entitlements for the DPs applicable under the sub-project.

Table ES- 5: Compensation Entitlement Matrix Type of loss Definition of DPs Compensation Entitlements

Land Individual Provision of replacement residential land plot in owners/primary land the relocation area with condition and facilities users3 with registered similar to the affected land or rehabilitation titles cash allowance for loss of land use rights equal to the current land lease rates, at the time of taking, multiplied by 25 years (if land for land is not technically feasible). All costs associated with registration of the land use rights to the replacement land for the Residential land affected person shall be covered by the EA. For the temporary impacts the land holders/users are entitled to receive cash rent of the affected properties during construction at the agreed rate or documented between the two parties. In addition, the affected property will be rehabilitated to the pre-construction condition. Buildings and structures Loss of non-residential All DPs regardless of Cash compensation for loss of buildings and structures their legal status, buildings/structures at full replacement cost including squatters and free of salvage materials and transaction costs. encroachers All buildings will be compensated in their entirety and not depreciated for age. For partial impact: (i) if due to the partial impact the building is unfit to live in, it will be compensated in full; (ii) in case of minor impact, compensation for repair Loss of Income and Livelihood Trees All DPs regardless of Cash compensation for wood trees based on

3 The legislation of Tajikistan provides only ownership of land use rights; therefore, the term “primary land-user” refers to the land owner.

Type of loss Definition of DPs Compensation Entitlements

their legal status volume of wood at market rate.

Cash compensation for productive trees based on the net market value of one year income multiplied by the number of years to grow a tree to similar productivity, plus purchase price of seedlings and starting materials. Allowances Vulnerability AHs headed by One-time cash allowance equal to 3 months woman, below the minimum salary per HH and employment poverty line, disabled priority in project related jobs. or elderly, PLHIV). Severity allowance All severely (> 10% Additional one-time allowance equal to 3 loss of productive months minimum salary per HH. assets) affected DPs Unanticipated impact Unanticipated impact All DPs regardless of As per ADB SPS (2009) general principles and their legal status objectives as the minimum benchmarks EA = executing agency, DP = displaced person, HH = household, PLHIV = People living with HIV. Source: PMO.

30. Public Consultations. Public consultation and information disclosure were conducted in Ishkashim district, in Vrang jamoat along with Trich locality in December 2015 and January 2016. These included meetings with the local authorities as well as female and male representatives of the local affected community in Trich. All the meetings were organized with support from local authorities (Ishkashim district First Deputy Chairman and Head of Vrang Jamoat), and were attended by totaled 21 participants. Men made 15 persons and women 6 from among the public consultation meeting. Participants included local residents benefiting from the sub-project implementation, and the APs.

31. During the Asset Valuation process, DPs were consulted on the compensation they are entitled to as per the entitlement matrix. Individual consultations with both DPs were carried out on March 31, 2016 together with the Valuator. DPs were satisfied with the amounts of compensation, including the allowances, particularly, because their affected assets were not depreciated for age, as the buildings and structures make-up an old structures constructed using local materials such as stone and clay. DPs expressed that compensation will allow them construct new structures of the same type, but using concrete instead of clay. This will reinforce the structures and makes them durable compared to those they had before. Photos of discussions with the DPs when composing an Inventory of Losses are provided in the annex 3.

32. While consultations will continue throughout the project life, and feedback and comments will be sought from various stakeholders during the implementation of the project, the Grievance Redress Mechanism (GRM) was established at the district and jamoat level.

33. Grievance Redress Mechanism. To allow DPs to appeal any concern or disagreement and/or negative impact of the civil works, a GRM is established by the district Chairman decision based on the Law “On citizens appeal” and ADB requirements. It will be maintained for the Project throughout its lifecycle. DPs are made fully aware of the procedures of submitting written or verbal complaints and grievances. The information about the GRM will be also reiterated at the time of compensation payment. Affected communities and DPs will be continuously

consulted with through establishing effective communication and coordination between the affected communities, executing agency/project implementation unit, and local authorities to prevent grievances and/or promptly addressing minor cases.

34. Indigenous Peoples. The Project will not affect Indigenous Peoples, as there are no ethnic minorities in the project area. At the same time, all the ethnicities in the country enjoy equal rights and benefits according the Constitution of the country and do not consider themselves significantly separate from general population. Thus, Indigenous Peoples Safeguards is not triggered by the Project.

I. PROJECT DESCRIPTION

A. Project Overview

35. The “Building Climate Resilience in the Pyanj River Basin, Republic of Tajikistan” project under a Grant from the Asian Development Bank number G 0352-TAJ is being executed (in part) by the Agency for Land Reclamation and Irrigation (ALRI) through the State Institution Project Management Unit of Building Climate Change Resilience in the Pyanj River Basin Project.

36. The project is included in the Tajikistan Strategic Program for Climate Resilience (SPCR), which was approved for funding under the Strategic Climate Fund (SCF) in November 2010. The project is consistent with the Tajikistan Country Partnership Strategy 2010-2014 and is included in the Country Operation Business Plan 2013–2014 for Tajikistan. This project is also in line with ADB's long-term strategic framework, Strategy 2020, which includes support to increase climate resilience of developing countries and promote the development of the private sector

37. The project’s main objective is to increase climate resilience of communities in the Pyanj River basin through 4 components:

Component 1: more resilient flood protection systems comprising rehabilitation of small scale flood management infrastructure, and capacity building of disaster management committees;

Component 2: more resilient irrigation systems comprising rehabilitation of small scale irrigation infrastructure, and capacity building of water user associations;

Component 4: a microfinance component to provide financial services to vulnerable groups, especially women, and promote climate resilience measures.

38. The above Components 1, 2, 3 and 4 are under the responsibility of different government bodies. Components 1 and 2 are implemented by the State Institution Project Management Unit of Building Climate Resilience in the Pyanj River Basin Project under the Agency for Land Reclamation and Irrigation (ALRI). Component 3 is implemented by the Project Implementation Group under the KMK (Khojagii Manziliyu Kommunali) State Unitary

Enterprise for Housing and Communal Services. Component 4 is implemented by the PMO under the Ministry of Finance.

39. The project comprises physical and nonphysical measures. The main scope of physical measures is the infrastructure upgrade/rehabilitation works which include detailed engineering design, earthworks, reinforced concrete structures, drainage, riverbank protection, replacement of pumping and electrical control equipment. Sustainability of the improved infrastructure will be ensured through climate-resilient design, operation and maintenance, and community participation. The infrastructure will be climate-proofed by incorporating information on climate change (e.g. increase in temperature, droughts, floods and other climate hazards projected in the next 20-30 years) in the engineering design, and in the operation and maintenance guidelines.

40. The main scope of non-physical measures is capacity building including supervision and quality assurance during construction, guidance for infrastructure operation and maintenance, training on the climate change adaptation for the local community groups (e.g. jamoat officials, water users associations (WUA), disaster risk management committees (DRMC) and drinking water consumer groups (WCG)). Training for the local communities to be provided through the Project Management Office (PMO) district offices and the Climate Change Information Centers established under the PPCR.

B. Physical Works

41. The physical works under the Project are envisaged for number of Components. Under Component 1 the flood protection infrastructure in 10 jamoats will be rehabilitated and climate- proofed as the result of the following measures:  upgrading of flood and mud-flow protection infrastructure in ten locations including river bank reinforcement, embankment reconstruction, restoration of stream beds, terracing and planting of trees, and soil stabilization;  developing operation and maintenance guidelines and training local units of the responsible agencies;  developing of early warning systems through the use of modern technologies including mobile phones;  establishing of DRMCs in target communities;  provision of training and dissemination of information on the impact of climate change and adaptation measures for local government officials and communities.

42. Under Component 2 irrigation systems in 8 jamoats will be climate-proofed as the result of the following measures:  rehabilitation and climate-proofing of irrigation canals, including reconstruction, cleaning of drainage and delivery canals and rehabilitation of some pumping stations;  piloting of a drip irrigation scheme;  strengthening of WUAs where appropriate;  provision of advice and dissemination of information on water resources management and climate-resilient agricultural practices to farmers, local government officials,

women’s groups, and other stakeholders

43. Under Component 3 water supply infrastructure in 7 jamoats will be rehabilitated and climate-proofed through the following:  rehabilitation and climate-proofing of seven rural drinking water supply systems, including rehabilitation, upgrade, and construction of boreholes, provision of new and rehabilitated pumping equipment, and construction of new service reservoirs and water tanks;  developing of operation and maintenance guidelines and training of local units of the responsible agencies;  establishing of WCGs to influence responsible agencies and ensuring performance of the water supply facilities; and  raising awareness about health risks and other risks associated with the climate change.

44. A nongovernmental organization (NGO), Loihai Ob was contracted as sub-consultant for providing detailed design and documents needed for bidding for all the sub-projects under the Components 1 and 2. The sub-projects approved for detailed design are detailed in table below.

Table 1: List of approved sub-projects for detailed design Description of sub-project for survey and full design №

Irrigation systems construction and reconstruction works in Ishkashim and Roshtkala: 4 Rehabilitation of existing and construction of new infrastructure against floods and erosion

45. The table below provides an overview of the sub-projects locations.

Table 2: Project Location for each jamoat Project Project Village Jamoat DIstrict Code type* VO03 1 Tugay Mahmadaliev Vose VO10 1 Javrez Avazova Vose VO13 1 Sari Angur Rudaki Vose K04 1 Jerkala, Khodjaisog Ziraki Kulob K09 1 Olyovul, Chinor, Yekshuchiog Dahana Kulob P4/8(1) 2 24 villages in 4 jamoats Nuri Vahdat, Namuna, Mekhvar, Pyanj P4/8(2) 2 K.Saifiddinov P100 3 Kommunist Namuna Pyanj D05(1) 1 Kevron Vishkharv Darvoz

D05(2) 1 Jorff Vishkharv Darvoz D05(3) 1 Ruzvai Kalaikhumb Darvoz VJ03 1 Bunai1, Bunai2 Jovid Vanj VJ04 1 Vakhdat Vodkhud Vanj RU02 2 Barushan Dodkhudoev Rushan IS03 1 Trich Vrang Iskashim IS01 2 Rotm Zong Iskashim RO01 1 Lakhshik Tusyon Roshtkala RO02 2 Lakhshik, Shosh Tusyon Roshtkala * 1- flood/mudflow protection; 2- rehabilitation of irrigation system; 3 – pilot drip irrigation

46. The detailed engineering design of the vast majority sub-projects suggests that they do not imply land acquisition and/or resettlement impact. The Social Safeguard Due Diligence Report (SSDDR) was prepared for relevant sub-projects and disclosed on ADB website before commencement of the civil work, confirming that they imply no LAR impact.

47. Under the Component 2 of the Project among other sub-projects, the mudflow canal in Trich locality, Vrang village of same-name jamoat in Ishakshim district will be cleaned and rehabilitated. The detailed design suggests cleaning of the 284 meters long Trich mudflow canal, which goes through the village of Vrang/Trich locality. The mudflow canal is a natural mudflow stream that has been narrowed by flux flow resulted from frequent floods and mudflows over years. This adversely affects the throughput of the canal and causes risks of flooding to the villagers.

48. Considering the terrain features, soils type, as well as the volume of flood, widening is required on the canal on the PK0+60 (RHS) through PK+1+51,3 (RHS) chainage. Figure 1 below shows layout of the canal with the affected area/plots., including the area of widening.

Figure 1: Layout map of the canal on the upper part with 6 meter width

49. Further, down the canal, on chainage PK2+01 (RHS) through PK2+27 (RHS), despite the decision to confine the canal bed to the existing width, the streambed will be widened to 8 meters width. Figure 2 shows the location of the foreseen impact area in the downstream section.

Figure 2: Layout map of the Trich canal with 8 meter width section

50. Alternatives considered. The proposed Trich mudflow canal is an existing naturally formed stream bed in the catchment area threating the downstream village of Vrang. Considering the nature of the sub-project as well as the terrain and soils type, it is designed in a way to avoid or minimize resettlement as much as possible. The upper part of the mudflow canal stream bed passes through the mountains and does not impact imply LAR impact. However, its downstream sections go through the village and require minor impact on the two households.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Land Losses

51. Cleaning and rehabilitation of the Trich mudflow canal will result in minor impact on the residential land plots of two households. The detailed engineering design drawing of the mudflow canal provided by the contracted NGO “Loihai Ob” was used for assessing the LAR impact. The detailed design of the mudflow canal is prepared in way to minimize the impact to the possible extent. Yet, it nonetheless suggests, that the two residential land plots belonging to two different households will be affected as a result of the sub-project implementation. The details of the affected residential land plots and type of land use/ownership are given in the table below.

Table 3: Summary of Impacts Name of Affected Person Type of land Total area of the Affected Percentage use affected land plot area of loss

(sqm) (sqm) 1. Mamadvafoev Bodurkhon Residential 300.00 72.43 24% 2. Palangov Boymamad Residential 600.00 106.89 18% Total: 4.40 179.32 Source: District LARC.

52. For the purpose of the impact assessment, based on the detailed design drawing, for the upper section of the Trich mudflow canal on PK0+60 (RHS) through PK+1+51,3 (RHS) chainage the 6 meters width corridor and downstream section on chainage PK2+01 through PK2+27 (RHS) - 8 meter width corridor were considered.

B. Loss of Trees

53. The impact on the trees accounts for a total of 30 timber and fruit trees belonging to one of the two households. In all, the household will lose 27 black and white poplars, and 3 apricot trees. Details of the loss of trees are given in the Table 4.

Table 4: Summary of affected trees Type of trees Quantity Number of affected HHs Non-productive (timber) trees Black poplar 17 White poplar 10 1 Fruit trees Apricot 3 1 Total: 30 1

Source: LARC, Valuator

C. Loss of Buildings and Structures

54. A total of 7 structures will be affected as a result of the sub-project implementation. The two affected households own these structures that serve as a utility. Structures to be affected include 2 barns, 4 wall structures, and a toilet. Details of the affected structures are given in the table below.

Table 5: Affected structures Use of Structure Type of Material Number of Structures Total area (m2) Barn Stone, clay 2 112.89 Wall Stone, clay 4 63.23 Toilet Asbestos slates, nails 1 3.2 Total: 7 179.32

Source: LARC, PMO

D. Temporary impacts

55. The final detailed engineering design, as well as site visits and discussions with local authorities in Ishkashim district and Vrang jamoat, in particular, suggests, that the quarry is located near the Vrang village, within Vrang jamoat, on the state reserve land along/on the

riverbank. There are an existing access roads to the quarry and thus do not require acquisition of private land, including for temporary purposes.

56. Civil works contracts, however, require the contractors to be responsible for the temporary acquisition and reinstatement of all land needed outside of the right of way should such a need arise. Temporarily used lands are required to be returned to their original state after work is completed, based on the agreement between the PMO and the Contractors.

E. Cut-off date

57. The census and socioeconomic survey was conducted in January 2016 and the cut-off date is announced as January 17, 2016, during the public consultations in Vrang jamoat, and Vrang/Trich village with men and women. In view of the isolated location of the village, lack of access to the local mass-media as well as minor scope of the impact of sub-project, based on the initial consultations with the local communities which took place in December 2015 during the screening, it was decided to announce the Cut-off date during the public consultations and through Vrang jamoat as local self-governance body.

III. SOCIO-ECONOMIC INFORMATION AND PROFILE

A. General Socio-economic Profile of Ishkashim district4

58. Ishkashim district is one of the seven districts on the Gorno-Badakhshan Autonomous Oblast (GBAO) in south-east Tajikistan, and one of the remotest districts bordering with Afghanistan. It lies on the Pyanj River, at a point where its direction turns sharply north. Its administrative center is Ishkashim settlement. The district is located more than 600 km away from Dushanbe, the capital of the country.

59. Ishkashim district’s total area is 3,7 thousand square kilometers and it includes 7 jamoats (subdistricts), namely A.Zamirov, Vrang, Zong, Ishkashim, Qozideh, Ptup, and Shitkharv. The Project will implement sub-projects in two jamoats, Vrang and Rotm.

60. The population of Ishkashim district, as reported by the district statistics office as of 1.10.2015 made up 31,109 persons of whom around 46% are women. This makes the district the most populated in the GBAO by accounting for 8.2 persons per square kilometer. Rural population represents 100%.

61. With the work force of 13 thousand person, the main industries include agriculture, mining, sanatorium and spa treatment, as well as trade, including the cross-border trade with Afghanistan.

62. There are total of 45 education facilities in Ishkashim district, including 9 primary education, 9 general secondary, and 27 general education institutions, covering 5,506 children. Girls make up around 48% of the total number of schoolchildren; Of the 594 persons graduated school in 2015, 458 were admitted to the higher education facilities. There are 27 public libraries, and 14 community centers/culture clubs in the district.

4 Based on the data from www.stat.tj, official website of the State Statistics Committee of the Republic of Tajikistan, and the District statistics office.

63. Healthcare facilities are represented by 35 medical facilities, including 3 hospitals with 125 beds capacity, and 20 health out-patient clinics. There are 35 medical doctors in the districts and 154 para-medical staff.

64. Number of registered newborns as of October 1, 2015 made up 558 persons (a slight increase against 556 persons in 2014), and number of deceased persons is 106 persons (139 persons in 2014) generally supporting the stable population growth paste country-wide, and yet one of the lowest oblast wise.

65. Migration statistics as reported by district statistics office suggests that 3,548 persons are currently working abroad, showing decrease by some half a thousand persons against 2014.

66. Average nominal monthly wage in Ishkashim in 2014 was TJS483.51, which lower than oblast wise TJS 587.15, and ranks the district third among all the districts in the GBAO, following Vanj and Darvoz.

B. Socio-economic profile of the Affected Persons

67. Data on the profile of the affected households, including households composition, their socioeconomic status, level of education and living conditions, possession of assets, their concerns and suggestions was obtained through secondary data collection as well as survey and census of the Affected Persons.

68. Surveys were conducted in January 2016 after the finalizing detailed engineering design drawing. Questionnaires were developed and translated into Tajik for better understanding by the DPs. Overall, 2 DPs were identified as a result of the impact assessment, both having land use rights over their private homestead land plot.

69. The surveyed households represent families with 11 and 6 members each totaling to 17 persons. The number of women and girls in the affected households equals 9 persons constituting 53% of the total number of members of the both affected households.

70. Both households are headed by the 52 and 57 years old male members, while de-jure, one of the household – Mamadvafoev Bodurkhon’s head in the jamoats records is his mother, 85 years old Muminova Davlatbegim. There are 6 children between 0-15 years of age, comprising 35% of the both affected households.

Table 6: Affected Households Socio-Economic Profile Name Gender Tot Education Occupa Vulnerability al tion Ma Fem Sec Coll Unive Pre Sch Employ Fem Dis- Age Po le ale ond ege rsity - ool ed ale able d or ary sch chil (Yes/No hea d ool dren ) d 1 Mamadvaf 2 4 6 4 0 0 0 2 No No No Yes Yes oev Bodurkhon

2 Palangov 6 5 11 4 2 3 2 0 Yes No No No No Boymama d Total 8 9 17 8 2 3 2 2 Source: Jamoat, PMO.

71. None of the DPs is illiterate among either households. One head of the affected household – Palangov Boymamad has higher education, and his household members all together show higher education level compared to the one of Mamadvafoev Bodurkhon, whose education is secondary, as well as his household members’ is. Along with that, women in the household, where the head possesses higher education also have vocational education, against those where the household head has secondary education himself, possessing same secondary education. All the children attend school.

72. Both affected households are Tajik and none of the households is classified as ethnic minority or indigenous peoples as per ADB standards, because none of them belongs to a separate and distinct cultural or social group. Thus, the Project will not trigger the ADB Indigenous Peoples Safeguards.

73. When asked to list the main source of income, both households indicated agriculture, labor migration and pension. Both households have labor migrant among their members, working in Russia. The household of Palangov Boymamad has also government service as main source of income. Households reported TJS6,300 and TJS25,000 annual incomes from agriculture, TJS2,400 and TJS3,600 annual incomes received as pensions. Wage in the household of Palangov Boymamad accounted for TJS 14,340 annually, following by TJS 4,800 coming from labor migration. The household of Mamadvafoev Bodurkhon reported remittances are “irregular” and refused to list it.

74. Per capita income of Mamadvafoev Bodurkhon’s household falls below the officially set minimum wage amounting TJS 250, while the income of the other household of Palangov Boymamad is more than twice higher than that. Yet, when compared with the expenditures pattern, the household of Mamadvafoev Bodurkhon reported expenditures amounted way above the reported incomes. Table 7 summarizes the monthly income per household and per capita.

Table 7: Monthly Income of the Affected Households Name of DP Number of HH Monthly income Monthly per capita income members (TJS) (TJS) 1. Mamadvafoev 6 725.00 120.83 Bodurkhon 2. Palangov 11 4,045.00 367.73 Boymamad DP = displaced person, HH = household, TJS = Tajikistan somoni. Source: PMO.

75. Consumption pattern suggests that food accounts for the major portion of the households’ expenditures, in average making some 80% of the expenditures in both households. The Palangov Boymamad household reported education as another major expenditure item, while for the Mamadvafoev Bodurkhon’s household it was among the minor expenditure lines. It followed by expenditures for clothes and fuel for the households consumption and transportation, healthcare, agricultural inputs, and utility bills altogether made the rest of the consumption pattern.

76. Both families possess basic assets such as TV set, bicycle and an electrical stove. None of the households have car, but one (Palangov Boymamad) has motorcycle. Neither of the households possesses LPG/gas stoves/cylinders, and radio. Both households also have animals, such as cows, ships and goats as well as minor number of poultry. Animals, as elsewhere in the country, are typically used both as liquid assets and for the households’ own consumption. One of the two households has computer, refrigerator, washing machine, and a motorcycle.

77. Of the two households, one – Mamadvafoev Bodurkhon has debt from the local shop for food and daily household goods. He also availed the government benefit scheme, by receiving TJS 1,300 in cash and food aid (floor, sugar, oil, and rice).

78. Healthcare facility is located in 100-meter distance from both affected households and thus the relevant services are easily accessible. None of the two households reported any major illnesses they suffered from within the last year.

79. Women in both affected households are involved in agriculture, dairy, poultry, sheep/goat rearing, and household work. In both households women weave woolen traditional socks for sale and thus contribute to the HHs income. At the same time, women in Palangov Boymamad household, with higher education level are also employed in the government paid service. While lower educated women from the household of Mamadvafoev Bodurkhon contribute TJS 4,100 per annum to the HHs budget, women in Palangov Boymamad’s household possessing higher education, contribute some twice more amounting TJS 10,800. None of the women and girls was engaged in business and/or trade.

80. Regardless of their education level, in both households women are involved in the decision-making process and reported to have a say on wide range of the domestic issues starting from financial matters, to children’s education, children’s health, purchase of assets, day-to-day activities and others. This is rather typical trend for most of GBAO.

81. All the households are connected to the power grid and use electricity for lighting, while the better-off household of Palangov reportedly uses it also for heating purposes, which is supported by the higher amount of electricity bills as reported by the HH. Both use firewood for heating.

82. Both affected households have piped drinking water from mountains spring. Either of them use transport and use the highway for travel purpose.

83. No female-headed household will be affected by the project activities. The Project will improve community level flood-protection infrastructure and reduces the risk of flooding and negative disaster outcomes. Other gender specific activities/measures are covered by the Project Gender Action Plan (GAP) and in addition, will be addressed by the sub-contracted NGO “Umedbakhsh” who has been outsourced the outreach component for the Project.

84. The Project will not affect Indigenous Peoples, as there are no ethnic minorities in the project area. At the same time, all the ethnicities in the country enjoy equal rights and benefits according the Constitution of the country and do not consider themselves significantly separate from general population. Thus, Indigenous Peoples Safeguards is not triggered by the Project.

C. Comments and suggestions of the DPs

85. Both households alike the larger community had positive feedback and comments on the sub-project, reporting frequent threat of flooding and highly appreciating their involvement in the planning/design stage, whereas they had an opportunity to express their views. This allowed adjusting the final detailed design based on their feedback and experiences of floods in the locality.

IV. INFORMATION DISCOSURE, CONSULTATION, AND PARTICIPATION

A. Consultation and participation

86. The project stakeholders, who will have some involvement in the LAR process, mitigation of impacts etc., were identified early at project planning stage and targeted through public consultations. These stakeholders include the following:

(i) Local community of Trich locality and larger Vrang village; (ii) Farmers, including female farmers; (iii) Local authority of Ishkashim district; (iv) Vrang jamoat; and (v) Affected people.

87. Public consultation and information disclosure was carried out in Vrang village/Trich locality and Vrang jamoat as well as Ishkashim district in December 2015 through January 2016. In addition to the general meeting with the local community, separate FGD with women in Trich village of Vrang jamoat was conducted in January 17, 2017.

88. 21 persons attended the community meeting. Men made 15 persons and women 6 from among the public consultation meeting participants. Participants included local residents benefiting from the sub-project implementation, and the APs.

89. Consultations will continue throughout the project life, and feedback and comments will be sought from various stakeholders during the implementation of the project.

90. The agenda for the meetings was as follows:

(i) Project Overview; (ii) Briefing on the Project Components; (iii) Social and Gender Impact Briefing; (iv) Environmental Impact Overview Questions and Answers Discussion Period; and (v) Wrap-up.

91. A one-page project brief in Tajik was distributed to the audience and a number of copies left in jamoat offices for dissemination among local communities. More information will be circulated during the outreach and training component by the NGO “Umedbakhsh”.

92. 93.

94. summarizes the results of the consultations in Trich. In general, there is very strong support for the Project, and most questions focused on how to maximize project benefits for end-users.

Table 8: Summary of Public Consultation Meetings.

Issues Participants’ Opinion, Comments and Suggestions

General perception about the Yes, we are aware of the intended project as there were several project and the awareness meetings organized by project representatives who have conducted about the proposed project. project site observations. With the regard to project we would like to have local people employed during implementation even it if it will be temporary job.

Support of local people for the Yes, the local people fully support the intended project and would be proposed project? happy to get more actively involved during implementation phase.

Any critical issue or concern by The participants did not mention any critical issues or concern regarding the local people regarding the the project. So far everting is fine with them. project? Any criteria you would like to First of all we would like to have the local people involved in the see considered during project construction work as employed laborers. Also it is extremely important construction and operation that implementers have professional engineering experience and stage? background in order to make the planning and implementation on professional level. The villagers had negative experience with other agency implementing construction work in the village as the quality of planning and implementation was very poor. The stones for construction should not be taken from the village gorge, and they can be brought from outside of the village or from the nearby river. To avoid disturbance for local population the construction work should be done between 8:00 to 18:00. Also, if possible it is requested to reinforce the walls between the household plots and the canal from inside. It can be done in the form of curb of 50 cm height along the walls. Do you have any problem with Yes, the place is prone to mudflow. During 1.5-2 years we have cleaned the existing canal? the stones and mud from the canal. Around 20 to 30 trucks of stones were taken during the cleaning of the canal. As a result of mudflow very often the gardens and orchards are destroyed causing loss of crops and drying of the trees. Due to such situation the current place is called by the locals as mudflow.

How frequent is your village The mudflows are irregular and subject to extreme events of the imposed to the particular year. If the weather is too warm the snow melts earlier than mudflows/floods in a year? very often it results in mudflows.

What are the consequences to There is real threat to the local hospital, kindergarten and many your village? household’s houses and land plots. If the canal is not properly cleaned the land and structures in the given area are highly vulnerable.

Were there any serious Apart from small damages the serious harm from mudflow was in 2009 damages within the last 3 but also twice in 2012. As result of these disasters local people lost their years? Please describe livestock but also access road for people and cars in the area was blocked.

Do you know what was the There was evaluation of the material damages yet the calculation was

material damage caused by not accurate therefore the compensation was not adequate to real the last disaster resulted from damages. The payment was not enough to reimburse the loss. malfunction of the canal?

What is the average monthly The participants could not recall the average monthly income in the Income in the village? village. The official data have to be obtained from the Jamoat.

How do you usually clean the Basically cleaning of the canal is done by eight households which canal, if at all? normally get more severe damages from mudflow. Every household is responsible for cleaning their territory from the mud and stones.

Is the proposed project going Yes, even if it won’t be possible to reduce the damages by 100%, still to reduce disaster the project will essentially contribute in protection of the village from the consequences/damages in disasters. your village? Is it commercially developed? There are three privately owned trading centers in the village. By summer 2016 two additional trading centers to be built in the village.

Is it an industrial Area? So far, there is only one private workshop which produces plastic windows and doors in the village. In the future there is plan to establish one workshop for production of mineral water and the other for processing livestock skins and wool.

General socio-economic The main economic activity in the village is agro pastoralism. Almost Condition: What are the 100% of households in the village are engaged in farming and livestock economic activities? Land use, breeding. Women and some households are engaged in sewing cropping pattern (Seasonal), traditional skullcaps and other needlework. types of crops, value of the The arable land is used for cultivation of potato, wheat and vegetables crops, Average land holding such as carrot, tomato and cucumbers. The apricots and apples are size and Average Yielding main fruits in the village. The cropping season last between April to (ton) per HA etc. October. The average land holding size is 0.05 ha per household. The approximate average yield: 20.5 ton of potato per HA; 1,8 ton of wheat per ha; 1.2 ton of apple per HA; 17.5-18 tons of vegetables per HA.

Source of drinking water The drinking water is taken from the Vrang gorge. From the gorge it is collected in the reservoir and later via pipes delivered to the village. In total there are 11 water points in the village.

Loss of residential/commercial The land and structures of two households will be affected by the structures, if any due to the project specifically barns, trees and masonry walls of the households project plots. No commercial structures to be affected due to the project.

Loss of community life like any The community life or markets places will not be affected as a result of Market Places or community the project. The only requirement is that construction work should be activities to be affected done between 08:00 to 18:00 in order to avoid disturbance for the local people and patients in the hospital. Resettlement and Land No, there were no any cases of resettlement and land acquisition in the acquisition Has there been any village before. land acquisition before? If yes, what was the process of land acquisition and compensation package?

Protected areas (national park, There several historical and sacred places in the village of Vrang

protected forest, religiously namely: Buddhist stupa/fire temple, sandy town, remains of the ancient sensitive sites, historical or fortress, religious sites of Abdulloi Ansori, Poi Khoja and Bibifotimai archaeological sites), if any Zahro spring.

Health status, Availability of There is 1 local hospital and 1 medical/health center in the village. The Hospitals and over all most common diseases in the village are flu, diarrhea and renal environmental condition. Is diseases but also virus hepatitis and tuberculosis take place. People are there any chronic disease aware of HIV/AIDS and STD but no cases of infections are reported in prevalent in this area and are the village. you aware about HIV/AIDS and STD? Poverty Level: Is the area poor The village of Vrang is one of the biggest villages in GBAO. Comparing or very poor or well off to other surrounding villages Vrang is in slightly better situation. The main reason is probably due to better land resources of the village.

Education Status of the Almost 100% of population in Vrang is literate. There many people with population: Literate, illiterate high education but very limited opportunities for employment in the etc village. Literacy among women is high as well. For example, women are prevailing among the local hospital staff.

Employment Status: Approximately 20 to 25% of locals work in the government sector. Percentage of employment/ Almost 10% of people are labour migrants. The rest of the people are unemployment/ engaged in farming and livestock keeping. underemployment

Migration Pattern (If any), The main destination for outward labour migration is Russia. For inward inward or outward, including migration it is other districts of GBAO and capital city of Tajikistan. The gender of migrants and lion share of labour migrant’s whether outward or inward are men. country of destinations

Perceived benefits from the The main expected benefits from the project are: rebuilt canal; improved project road, employed local people, beautiful and cleaned street, improved gardens and orchards as well as reduced humidity in the houses.

Perceived losses from the The participants did not perceive any loss as a result of the project. project

What other organizations of a - Village organization (VO) social nature (NGOs/CBOs/ - Community-based savings group (CBSG) Civil Society) are active in the - On Jamoat level there is Dekhkan Farm Association (DFA) area? Name of these organizations

Any Other Issues you may feel The villagers and the head inquired that if it would be possible to leave to share: the tools and machinery for the village so to use them in the future community based repairing and construction works.

Is this consultation useful? The participants found such consultations as extremely useful. The Comments participants got more informed on the planned project and could share their opinions and views.

Will there be likely involvement Yes, the participants demonstrated high interest to get involved in the of local people in the project. It was specially requested to employ the locals during the implementation of the project? construction works.

Source: ALRI

B. Disclosure

95. Information pamphlet containing the information on the Project, ADB Social Safeguards requirements and national Legislation of the Republic of Tajikistan is drafted in English, translated into Tajik and disseminated among the affected persons on January 17, 2016.

96. A summary of this LARP in Tajik will be distributed among the DPs to provide information on implementation and institutional arrangements, compensation payment and grievance redress mechanism.

97. This LARP translated into Russian, will also be disclosed on ADB website upon endorsement by the Government of the Republic of Tajikistan and ADB, and will be available at PMO office, Ishkashim district Chairman’s office as well as Vrang jamoat.

98. The Project will continue consultations with the community and other stakeholders throughout the Project implementation by various ways. DPs will be given special attention and closely consulted with throughout the Project lifecycle.

V. GRIEVANCE REDRESS MECHANISM

99. To enable DPs to raise any concern or disagreement with the compensation procedure and/or negative impact of the civil works, a GRM is established and maintained for the Project according to the ADB requirements as well as based on the Law of the Republic of Tajikistan “On citizens appeal”. During consultations DPs were made fully aware of the procedures of submitting written or verbal complaints and grievances. Information about GRM will be also reiterated at the time of compensation payment. Affected communities and DPs will be continuously consulted by establishing effective communication and coordination between the affected communities, EA/PMO/PIU, and local authorities to prevent grievances and/or promptly addressing minor cases.

100. The project GRM is in effect from the commencement of project implementation activities until the completion of the civil works, and will be addressing both resettlement and environmental complaints. Copies of the GRM process and the complaint forms in Tajik will be available at the jamoat offices, EAs representative offices, the District LAR Commission to ensure transparency and equal access for all the citizens.

1. Grievance Mechanism During the Implementation Phase

101. Complaints and grievances received during the implementation phase will be addressed through the following steps and actions:

(i) Step 1: Complaints will be lodged at the jamoat level, where all the relevant representatives (land and environmental specialists, deputy jamoat chairperson, responsible for gender policy, Village Organization representatives), representatives of the affected households and EA/PIU representative, will

attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee (GRC), and the receipt of the complaint given to the affected person. The period for resolution of complaints is 14 calendar days the latest. (ii) Step 2: If the complaint cannot be addressed at jamoat level, affected person can apply to the district level LAR Committee for a solution, with assistance from GRC as needed. The LARC should invite PMO representative once they registered the complaint. Similar to jamoat level, complaint will be applied to register and file all the complaints from the DPs. The period for resolution of a complaint is 16 calendar days. (iii) Step 3: If no solution is reached within 16 days, the affected person can submit her/his case to the appropriate court of law, with all costs paid for by the project.

102. In the event when the established GRM is not in a position to resolve the issue, affected person also can directly contact ADB Tajikistan Resident Mission (TJRM). Contacts of local ADB TJRM persons-in-charge of LAR will be circulated among the communities during the consultation meetings at the detailed design stage.

103. A GRM is presented in Figure 3.

Figure 3: Schematic Presentation of the Grievance Redress Mechanism

Displaced Persons

Addressed

14 days for GRC to Jamoat Grievance Redress respond and resolve Committee (GRC) Process Stop

Not addressed

16 days for LARC to District LAR Commission respond and resolve (LARC)

Not addressed Addressed

Court of Law Process Stop (district level)

2. Formation of Jamoat Grievances Redress Committee (GRC) and Hukumat Land Acquisition Resettlement Committee (LARC)

104. Grievance Redress Committee (GRC) will be established at the Vrang jamoat level to resolve complaints and grievances informally through community participation. Land Acquisition and Resettlement Committee (LARC) established at the Ishkashim district level to verify the impacts will be used further to resolve the grievance cases. The jamoat GRC will consist of

representatives of the ALRI/PIU, Vrang jamoat, DPs, and the Village organization of Vrang village to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The majority of members will make the GRC decisions. To increase the transparency of grievance and redressed process, any complaint received by the GRC will be publicly notified on the jamoat information board for its status and solutions. If the complainants are not satisfied with the GRC decisions, they appeal their cases to the next level of the GRM system (LAR Committee at District level) and to court.

105. Jamoat GRC will be established by an office order of PMO and the decree of the district Chairperson, while the LARC has already been established by the decision of the Ishkashim district Chairperson. The following tables are the composition of members, which will constitute LARC and the jamoat GRC.

Table 9: District/Hukumat Land Acquisition and Resettlement Committee (LARC) 1 Head of Committee, Deputy Chairman of the District Government Convener Authority 2 Chief District Architect Member 3 Head of the Women and Family Welfare Department of district Member 4 Representative from the EA/PIU Member Secretary Representative from the district Office of the SUE “Registration of 5 Immovable Property” Member 6 Representative of DPs Member 7 Representative from the Vrang jamoat Member 8 Representative of the Contractor Member 9 Representative of the local NGOs/Vrang Village Organization Member Source: PMO

Table 10: Jamoat Grievance Redress Committee (GRC) 1 Vrang Jamoat Head/Deputy Chairperson Chair 2 Land management specialists of the jamoat Member 3 Deputy Jamoat Chairperson, responsible for gender policy Member Secretary 4 Vrang Village Organization representative Member 5 ALRI/PIU Representative Member 6 Contractor’s representative Member 6 Representative of DPs Member Source: PMO

106. Table 11 outlines a summary of the grievance resolution process.

Table 11: Summary of Grievance Procedure Stages in Response Required Activities Handling Vrang jamoat Head or Jamoat GRC responds to questions and/or complaints. If no response within 14 Hukumat representative days, or response is unsatisfactory, AP prepares a grievance in writing (utilize and PIU representative standard forms where possible). (Jamoat GRC) District LAR Commission Registers the written complaint and attempts to solve it. If complaint is not resolved in 16 days (or 30 days since the complaint logged in the Jamoat GRC) or unsatisfactory, the affected people can go to court for resolution. District Court of Law The District court hears the case and makes a final decision, which is binding on all parties.

Source: PMO

107. The complaint logbook will be maintained at jamoat level to adequately track and follow- up on received and solved complaints as well as to ensure transparency and accountability towards the DPs. The tear-off Grievance Form will be made available to the DP to register the complaint and handing a copy of a registered complaint to the DP until its full resolution.

108. The process of grievance resolution is defined as follows:

(i) Grievances will be first lodged at jamoat level through GRC, where the representative of the local governance and district authorities, contractor, EA and the complainant will seek the soonest and effective resolution of the complaint. If the complaint is not resolved within 14 days from the date of submission, Complainant will lodge the complaint with the district level GRM/LAR Commission; (ii) At the district level PIU together with the representative of local authorities, contractor and other relevant stakeholders will seek appropriate solution to the raised complaint. The elected representatives of the affected party will have the opportunity to mediate if DP decides so. If no solution is reached within 16 days, the affected parties can further submit their case to the appropriate court of law; (iii) If/when the complaint is solved, the case is closed and the complaint log book will reflect it accordingly. If no solution is found at the level of the district, the DP files the case in the court of law. The GRM, however, does not limit the rights of affected persons to file the case directly in the court of law from the very first step and skip GR mechanism.

3. Grievance Mechanism during the Construction Period

109. All persons living within the project area of activity (were civil works will be conducted), regardless of whether affected by land acquisition and resettlement, may experience some adverse impact during the construction period such as damages or losses to property, caused by direct physical impact of the contractor’s equipment, vibration, contractor’s or employer’s design, or by other activities related to the construction. Under the terms of the civil works contract, the Contractor has the obligation to provide a third party insurance in the joint name of PMO, as the Employer, and the Contractor. According to the terms of the civil works contract, in case of damages, an affected person (the Claimant) may follow the claim procedure:

(i) Address his/her claim(s) for damages to the Contractor, or to the Employer, or to both of them. (ii) The Claimant may choose to write first a Notice of Claim, immediately after the event, which caused the damage, and then to write a full claim, providing particulars of the damages and details of the compensation claimed. Alternatively, the Claimant may submit only a claim. In either case, it is advisable to submit the complete claim not later than 7 days after the damaging event. While the Notice of Claim is an option, the submission of a detailed claim is a must. (iii) Once the Employer or the Contractor receives the claim, they have an obligation to notify the Insurer, which should then send its representatives to verify the Claimant’s allegations, investigate the causes and assess the damages.

(iv) After that, the Insurer decides whether the claim is justified, and if so, whether to pay a part or the entire claim. (v) The Insurer will reject the entire claim if it is not justified. Furthermore, the Insurer may refuse to pay damages, or to pay only a part of a justified claim. This could happen for many different reasons: if the insured parties did not notify the Insurer of the claim/notice of claim within the period specified in the insurance policy; or the Contractor or the Employer were grossly negligent, or the particular damage or a particular action is excluded from the insurance, etc. In such a case, the Contractor or the Employer may still accept liability for a part or the entire amount of the claimed damages and pay the difference to the Claimant. (vi) However, if after the Insurer does not pay a part or the entire claim, and one or both parties also refuse to pay a part or the entire claim, and the Claimant believes that his or her claim is justified, the Claimant may take legal action against either or both parties. It is essential to note that the Claimant does not have any claim against the Insurer, but only against one or both parties.

110. If the Insurer refuses to pay the entire or a part of the amount claimed, the Claimant may still be entitled to the full amount of the claimed damages from the Contractor or the Employer. If the Contractor or the Employer refuses to pay a part or the entire amount of damages to which the Claimant believes to be entitled, the Claimant may sue the Contractor, or the Employer, or both.

111. The contact details of the PMO are made available in the informational pamphlets.

112. The PMO will reflect the summary of the complaints and their resolution status in their progress reports to ADB. An internal Monitoring and Evaluation system will observe the process of resettlement as well as GRM and summarize it in the relevant reports accordingly.

VI. LEGAL FRAMEWORK

113. This Resettlement Plan is based on the existing legal and regulatory framework governing the issues of land acquisition and resettlement in the Republic of Tajikistan as well as ADB Safeguard Policy Statement (2009).

A. Legal and regulatory framework of the Republic of Tajikistan

114. In the Republic of Tajikistan involuntary resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs are reflected in the number of legislative documents. The key legislative acts regulating land management relations and the ownership rights to immovable properties in the Republic of Tajikistan are the following:

(i) Constitution of the Republic of Tajikistan (1994, as amended in 2003);5 (ii) Land Code (as amended in 2012);6 (iii) Civil Code (as amended in 2013);7

5 Constitution, November 6, 1994, as amended on 22 June 2003. 6 Land Code, as amended by N 498 from December 12, 1997., N 746 from May 14_ 1999, N 15 from May 12 2001, N 23 from February 28 , 2004. From 28.07.2006 №199, from 5.01.2008 №357, from 18.06.2008 №405, N 891 from August 1, 2012.

(iv) Housing Code; and (v) Regulation “about compensation of losses to the land users and losses of agricultural products.”8

115. The Constitution of the Republic of Tajikistan is the main legal document guaranteeing citizen’s rights. According the Constitution, land is exclusively owned by the state, and the state guarantees its effective use in the interests of the people. Individuals have lifelong inheritable use rights for the land. The legal basis for state acquisition of private property for public works is outlined in Article 32 which states that 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.

116. Compensation for land withdrawal and other impacts due to public interest projects are also regulated by other laws, such as the Land Code RT (LC), the Civil Code RT (CC) and various regulations which govern land withdrawal, land allotment and impacts compensation to the citizens. The withdrawal/ allotment of land and resettlement in Tajikistan are based on the following principles:

(i) Land users have a right to be reimbursed for losses due to withdrawal of right of land use for state and public needs (Article 41,43 LC); (ii) Ownership rights of a person, who built a structure without proper legal authorization can be accepted by court if the land plot allocated to this person was for construction purposes, according the procedure set forth by the legislation of the Republic of Tajikistan (Article 246, CC); (iii) Termination of property ownership due to the decision of the government body, including acquiring the land plot, on which house, other buildings, structures or planted vegetation are located, is only possible in cases and in accordance with the procedures set forth by the legal acts while providing the owner an equal property and compensating other incurred losses, caused by termination of property rights (Article 263, CC); (iv) At termination of the rights to property, it will be assessed on the basis of its market value (Article 265, CC); (v) Land user or user of other registered rights associated with land should be noticed in writing about land withdrawal by local land management authority not later than one year before coming land withdrawal procedure (Article 40, LC); (vi) If according to International agreements which are recognized by the Republic of Tajikistan other rules are established than those which are specified in the Land Code of the Republic of Tajikistan, so the rules of international agreements will be accepted (Article 105, LC).

117. The LC, 1997 is the core legal document governing land acquisition. It has been updated a few times and most recently in 2012. Article 2 of LC states that there is no “private ownership of land, “land is an exclusive ownership of the State… [but]... guarantees its effective use in the interests of its citizens. Natural and legal persons have the right to alienate their land use rights” “land use rights can be subject of the civil matters, can be bought and sold, granted, traded,

7 Civil Code, as amended by August 6, 2001, N 41: May 3 2002 №5, March 1 2005, N 85; April 29, 2006 №180, May 12, 2007. №247, July 22, 2013, №977. Last amendment enables legalization of the unauthorized construction (houses, buildings etc.) on the land plot allocated for construction purposes. 8 Approved by the Decree of Government of Republic of Tajikistan, December 30, 2000. №515 and as amended December 2011, N641.

rented, mortgaged9…. Articles 10-14, the LC outlines land title as being of long-term, short- term, and inherited land use entitlement. Household plots are given to the citizens for lifelong inheritable use.

118. Article 18 of LC stipulates that using the land plot without defining its borders by relevant (land management) authorities and issuing documents certifying land use right is barred.

119. Article 24 of LC describes the allocation of land for non-agricultural purposes, and provides that when choosing a suitable location for such land uses, land not suitable for agriculture should be favored. The same principle is stressed by Article 29 LC, which discourages the use of high-yielding agricultural land for non-agricultural use. However, Article 29 also allows for allocation, and sequestering of agricultural land for “other very important State objects”.

120. Article 31 of LC provides that land acquisition for non-agricultural public purposes is subject to the award of compensation: “terms of allocating land plots to new land users for non- agricultural needs must envisage compensation 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 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 LC. This article sets out the basis for full reimbursement of losses, including loss of profit, caused by sequestration of land for non-agricultural purposes, restriction of land users' rights.

121. Procedure for calculation of the compensation due for land acquisition is regulated by Articles 43 and the relevant regulatory documents and is defined by the Government of Tajikistan.

122. The Law on Citizens’ Appeal regulates grievance mechanisms according to the national legislation. The law establishes the application procedure for citizens to address their proposals, applications and complaints to public and government authorities, as well as the procedure and period of consideration for the proposals, etc. Under the Law, citizens have the right, based on the Constitution, to individually or collectively, or through their authorized representatives, to apply to the public bodies at all levels for resolution of appeals. All are equal under the law and before the courts, and the state guarantees the rights and freedoms of each person, without regard to nationality, race, sex, language, etc. and property status. 123. The Law establishes the rights of citizens of Tajikistan to protect their legitimate rights and interests, as well as the legitimate rights and interests of other persons and organizations, to restoration of the violated rights by relevant competent authorities and public associations. The scope of this law states that it is to apply to all types of citizens’ appeals (proposals, applications, complaints) except for those subject to the provisions of the Civil Procedure Code, Economic Procedure Code, Criminal Procedure Code and Code on Administrative Infringements.

124. Compliance with the requirements of the Law is to be monitored by all ministries and public bodies while the supervision of compliance of the Law is the duty of the Prosecutor General. The Law applies to all the sectors, including the real estate registration allowing for raising complaints related to the registration process and/or the work of the relevant registration bodies at all levels. However, there is a lack of clear and specific by-

9 Land Code Article 2 as amended in August 1, 2012.

laws/instructions/implementing mechanisms, including standards forms of submitting complaints, the need for a designated staff member to receive, process, analyze, and eventually report on the status of complaints per type/gender of complainant/resolution progress/problems etc.

B. ADB’s Safeguard Policy Statement requirements

125. The objectives of ADB’s Safeguard Policy Statement (SPS) are (i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all affected persons in real terms relative to pre-Project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable groups.

126. The ADB Policy on Involuntary Resettlement is based on the following principles:

(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of affected persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with DPs, host communities, and concerned nongovernment organizations. Inform all DPs of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of DPs and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase (iii) Improve, or at least restore, the livelihoods of all DPs through (a) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (b) prompt replacement of assets with access to assets of equal or higher value, (c) prompt compensation at full replacement cost for assets that cannot be restored, and (d) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and community services, as required. (v) Improve the standards of living of the affected poor and other vulnerable groups, including women, to at least national minimum standards. In rural

areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that DPs without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (viii) Prepare a resettlement plan elaborating on affected persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to DPs and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of affected persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

C. Comparison of Republic of Tajikistan Laws and ADB Resettlement Policy

127. Overall, laws and regulations of the Republic of Tajikistan are mainly in line with the requirements of the ADB’s Safeguard Policy Statement. Comparison of Tajikistan laws and regulations with the ADB Resettlement Safeguard Policy suggests that there is no major discrepancy or contradictions with ADB SPS requirements. The ADB’s principle of avoidance or minimization of resettlement is also reflected in the legislation of the Republic of Tajikistan.

128. The key policy difference is about non-titled DP’s. There is no non-title holder DP under the sub-project, thus no remedial measures are needed.

129. Enforcement or practical application of laws and regulations pertinent to LAR should be adequately considered before and during the civil works. For the Project, this will be addressed through awareness raising and regular information dissemination with all the key stakeholders, including those responsible for implementation of LAR at local (district and jamoat) levels.

130. The key differences between the laws and regulations of the Republic of Tajikistan and ADB Safeguards policy are presented in Table 12. Any major differences have been resolved in

favor of ADB policy, particularly in areas where practices are less subject to independent oversight.

Table 12: Comparison of ADB Resettlement Safeguards with Tajikistan Laws ADB Safeguards Tajikistan Reconciliation provisions Requirements Legal provisions DPs to be compensated and The LC provides for This Project will provide compensation for assisted, so that their compensating for loss of land loss of land use rights, buildings and trees economic/social future would right, buildings, crops, trees losses. No business or other losses are be generally as favorable as and other assets. Calculation incurred by the Project it would have been in the of income losses (i.e., absence of the Project. business losses) is not clear. No specific provision with regards to economic/social future of the DPs in the legislation Land compensation is to be There is no specific cash for For this Project, land will be compensated provided at replacement land compensation option, by provision of replacement plot despite rates either in terms of land x but it is an ultimate the minor impact on land. In view of land or in cash. Due to responsibility of the general scarce land resources in the circumstances of this Project, Government of Tajikistan to Project area, DPs preferred and local compensation needs to be define and endorse the authorities agreed to allocate alternative provided in cash. compensation package and land plots of 0.02ha (200sqm) and 0.05ha procedure. (500sqm) to both DPs in the same village. Compensation is to be Mandatory compensation at For this Project, the licensed valuator as provided in full at replacement rates through per the Entitlement matrix and the ToR for replacement rates provision of land x land. For asset valuation has applied full cash compensation replacement rate for the affected assets. replacement cost is not There is no cash for land compensation used/specified need in this Project Lack of formal legal title to Compensation is provided There is no non-title holder among the the land by some affected only to registered settlers. DPs for this Project. ADB policy shall groups should not be a bar to prevail for this project in case if informal compensation or settlers need to be compensated for their rehabilitation. losses ADB safeguards provide for The Law provides for There is basic conformity on the items replacement cost compensation for all losses. where the law provides specific compensation for It is specific on this for provisions. Compensation for trees and houses/structures, crops, buildings and crops but does affected structures and buildings is carried trees, businesses and not detail how trees and out in accordance with the entitlement employment/income losses. business compensation is to section below be carried out. ADB safeguards provide for The law does not specifically Rehabilitation and severity allowances are rehabilitation allowances for, provide for the ADB required not applicable for the Project in view of severe impacts, vulnerable allowances, however, subject the minor impact incurred by the Project. DPs and relocation. to Government decision, ad- One DPs is entitled for vulnerability hoc compensation are allowance as per the entitlement matrix provided to DPs. below Time bound implementable There is no provisions This LARP is developed for the Project, LARP needs to be prepared requiring resettlement as per ADB’s SPS before the disbursement of planning and developing compensation. LAR plans

ADB Safeguards Tajikistan Reconciliation provisions Requirements Legal provisions Complaints & grievances are No provision for specific For this Project, GRM is set-up at the resolved informally through GRM. The Law “On citizens district and jamoat levels and DPs. NGOs the GRM, where DPs are appeal” serves as a mean to and local authorities will be equally represented raise the complaints and represented to resolve complaints and appeals. It however, does grievances where possible as per ADB not allow for anonymous requirements. complaints. DP = displaced person, GRM = Grievance Redress Mechanism, LAR = land acquisition and resettlement, LC = land code, NGO = nongovernment organizations, SPS = safeguard policy statement. Source: PMO

131. In order to bridge the gaps between the legislation of the Republic of Tajikistan and ADB’s Safeguards policy, ALRI/PMO has drafted this LARP for the Project, which is endorsed by the Government of the Republic of Tajikistan and serves as a plan to implement LAR in compliance with the ADBs SPS.

D. Actions to Bridge the Gaps10

132. To bridge the gap between the legislation of the Republic of Tajikistan and ADB Safeguards Policy Statement (2009), the following principles for compensation/rehabilitation of the affected households are applied and were explained to the DPs and other stakeholders during consultations and interviews for this Project:

(i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative project designs; (ii) compensation at replacement cost for houses and structures will be provided to DPs; (iii) and will be compensated either by provision of replacement plot or in cash. For residential land (a type of land that does not have intrinsic productive value) replacement cost will be computed based on current annual lease rate multiplied by 25 times since in Tajikistan there are no official land markets established yet, in case if land for land is not possible11. (iv) DPs will be assisted to restore their livelihood; (v) vulnerable DPs will be provided special allowances; (vi) appropriate redress mechanisms to solve DPs grievances is established; (vii) census and socio-economic surveys and consultation with DPs, were conducted; (viii) LARP based on the census and socio-economic surveys, valuation, and DP consultation is prepared, will be submitted to ADB as a condition for approving civil work contract. The LARP will be disclosed to DPs in a language and form that is understandable to them and posted on the web for general public disclosure; (ix) compensation payments will be initiated only after ADB approves the LARP; and (x) civil works in the sub-project will only commence after the LARP implementation has been completed, and verified by PMO.

10 The legal basis for the gap-filling measures pertinent to compensation payment and rehabilitation assistance within this LARP are provided through ratification of the Grant Agreement. 11 The DPs however preferred land for land compensation, which has been accepted and agreed upon by both local authorities and DPs.

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS

A. Eligibility to Compensation

133. For this Project the following categories of DPs are included in the LARP:

(i) the DPs losing land; and (ii) owners of buildings, trees, or other objects attached to the land.

134. Compensation eligibility is limited by the cut-off date established on January 17, 2016 at the end of the impact survey and announced during the Public Consultation meetings and communicated through jamoat in view of remoteness of the village and lack of local mass-media in the district.

135. DPs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and to dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or suffer any sanction.

B. Entitlement to Compensation

136. All LAR impacts under the Project is identified and compensated according to the eligibility criteria and entitlement matrix conforming to the legislation of the Republic of Tajikistan as well as ADB’s safeguards policy.

137. The DPs in the Project are entitled to various types of compensation and assistance to help in restoring their livelihoods to the pre-project levels. Compensation and allowances depend on the nature of the lost assets and scope of the project’s impact, including the social and economic vulnerability of the affected persons. All DPs are eligible for compensation, irrespective of their land ownership status, to ensure that those affected by the project shall be at least as well off, if not better off, than they would have been without the project.

138. In composing this LARP, compensation entitlements are based on the identified impacts during the final detailed engineering design stage.

139. The description as well as methods of calculating the compensation entitlements for different DP categories is presented in Table 13:

Table 13: Compensation Entitlement Matrix Type of loss Definition of DPs Compensation Entitlements Land Individual Provision of replacement residential land plot in owners/primary land the relocation area with condition and facilities users12 with registered similar to the affected land or rehabilitation titles cash allowance for loss of land use rights equal

12 The legislation of Tajikistan provides only ownership of land use rights; therefore, the term “primary land-user” refers to the land owner.

Type of loss Definition of DPs Compensation Entitlements to the current land lease rates, at the time of taking, multiplied by 25 years (if land for land is not technically feasible). All costs associated with registration of the land use rights to the replacement land for the Residential land affected person shall be covered by the EA. For the temporary impacts the land holders/users are entitled to receive cash rent of the affected properties during construction at the agreed rate or documented between the two parties. In addition, the affected property will be rehabilitated to the pre-construction condition. Buildings and structures Loss of non-residential All DPs regardless of Cash compensation for loss of buildings and structures their legal status, buildings/structures at full replacement cost including squatters and free of salvage materials and transaction costs. encroachers All buildings will be compensated in their entirety and not depreciated for age. For partial impact: (i) if due to the partial impact the building is unfit to live in, it will be compensated in full; (ii) in case of minor impact, compensation for repair Loss of Income and Livelihood Trees All DPs regardless of Cash compensation for wood trees based on their legal status volume of wood at market rate.

Cash compensation for productive trees based on the net market value of one year income multiplied by the number of years to grow a tree to similar productivity, plus purchase price of seedlings and starting materials. Allowances Vulnerability AHs headed by One-time cash allowance equal to 3 months woman, below the minimum salary13 per HH and employment poverty line, disabled priority in project related jobs. or elderly, PLHIV). Severity allowance All severely (> 10% Additional one-time allowance equal to 3 loss of productive months minimum salary per HH. assets) affected DPs Unanticipated impact Unanticipated impact All DPs regardless of As per ADB SPS (2009) general principles and their legal status objectives as the minimum benchmarks AH = affected household, DP = displaced person, HH = household, PLHIV = People living with HIV. Source: PMO

140. The compensation package reflects replacement costs for all losses. Based on the preliminary design data, entitlements applicable for the project are as detailed below.

141. Residential land. The household with residential land use right will be rehabilitated through the provision of compensation and equal to:

13 Minimum salary as per www.stat.tj stands at TJS 250/month

(i) For permanent land holders: provision of alternative land plot of equal value/ productivity (similar conditions and facilities) to plot lost. The two affected HHs lose minor strips of land, but in view of the scarce resources of land in the area, they prefer and it was agreed with local authorities to receive alternative land plots of 0.02 ha (200sqm) and 0.05 ha (500sqm) accordingly in replacement of affected land plots totaling 179.32 sqm. The alternative plots are located in the same Vrang village and thus have the amenities, similar to those affected plots, i.e. roads, school, medical facilities etc.;

142. Buildings and structures. Owners of buildings and structures will be compensated in cash at replacement cost (including cost of materials plus cost of labor plus cost of transport of materials) free of deductions for depreciation, salvaged materials, and transaction costs irrespective of the registration status of the affected item.

143. Vulnerable groups. Households below the poverty line, female headed households, and households with disabled, aged person or with PLHIV member will be provided one-time cash allowance equal to 3 months minimum salary per HH and employment priority in project related jobs for the able-bodied members of vulnerable households.

144. Severity Allowance. Two households will be severely impacted as they lose 18 to 24 per cent of their land plots (productive asset). One-time allowance equal to 3 months minimum salary per HH will be paid to these households as severity allowance.14

145. Unanticipated Impacts. For other unforeseen impacts other than stated above, the ADB SPS (2009) general principles and objectives will be used as the minimum benchmarks and appropriate impact mitigation measures will be sought to meet them.

146. Delivery of compensation will be made by bank transfer directly on the names of the DPs or their private account free from fees or processing charges. Expenses related to processing of compensation payments, opening bank account will be covered by the Government of the Republic of Tajikistan through the authorized entity (PMO).

C. The Valuation Process

147. Asset Valuation. Valuation of affected assets (buildings and other structures and trees) is undertaken by the Khorog Office of the State Unitary Enterprise “Narkhguzori”. Then, the Valuation report was verified and certified by the PMO. If the DP agrees with the valuation, then this will be used as the basis of negotiation between the owners and the local authorities. If the DP disagrees with the valuation, they are allowed to choose the construction/ready-to-use alternative structure, whereas construction will be done by EA/PMO. DPs also have recourse to the grievance committee if agreement is not reached.

148. The asset valuation is guided by the Entitlement Matrix and is at full replacement cost, free of salvage materials and transaction costs. The buildings were not depreciated for age and compensated in their entirety. Entitled for compensation are owners of the affected buildings and structures irrespective of their legal status, including legalizable DPs.

14 Minimum monthly salary for 2013 is set at TJS250. Source: Official website of the State Statistics Committee, www.stat.tj.

149. The Project affects the buildings and structures, which are made of local materials such as stone and clay, asbestos slates. When demolished, these structures will not require new materials, however, the compensation was calculated at full replacement cost without depreciation for age and/or any deductions/transaction costs.

150. For this project, based on the identified impacts the following valuation method is applied.

151. Land for Land. At the request of the two DPs, the district Chairperson based on the discussion with the DPs decided to assign alternative land plots. Despite the loss of minor strips of land, DPs preferred to have land for land compensation, which has been agreed with the local authorities. While the actual impact makes 179.32 sqm, the alternative land plots are 500 sqm and 200 sqm each, of the same quality/value as the acquisitioned plots, and located in the same village with all the amenities DPs benefited before, i.e., roads, school, medical facilities, social entities etc.

152. Trees. Cash compensation for wood trees based on volume of wood at market rate. Fruit trees are compensated in cash for productive trees based on the net annual yield from the tree(s) for the number of years needed to reach comparable production level at market rate;

153. A total of 27 non-productive trees are affected and were valued to identify the compensation amount as detailed in the table below:

Table 14: Valuation of affected non-productive trees Ref. Type of non-productive Age Quantity Cost per 1 Calculated tree (years) tree, TJS compensation, TJS 1 White poplar 10 to 15 5 60 300 2 White poplar 15 to 25 5 40 200 3 Black poplar 10 to 20 10 40 400 4 Black poplar 20 to 35 7 60 420 Total: 27 1,320 Source: Valuation Report

154. Fruit trees include 3 apricot trees and the compensation amount is described as follows:

Table 15: Valuation of affected productive trees Type of Q Cost Other Total Time Yiel Market Compensatio Tota productiv - per costs/sap cost of required to d price of n for income l e tree ty saplin l. (TJS) sapling reach per yield/k loss from cost g s (TJS) productivit year g, TJS fruit trees, , (TJS) y (kg) TJS TJS (yrs) Apricot 3 10 10 30 3 30 1.5 405 438 Total: 3 438 Source: Valuation Report

155. Buildings and structures. Seven structures will be affected because of Project implementation. These structures are owned and used by the two affected households.

Structures to be affected include 2 barns, 4 walls and 1 toilet/latrine made of local materials (stone and clay).

156. The valuation of the affected asset carried out by the Valuator is reflected in the table below.

Table 16: Valuation of affected structures Use of Type of Quantity Total area Average unit Calculated Structure materials (m2) rate compensation, (TJS) in TJS Barn Stone, clay 2 112.89 65 7,337.85

Wall Stone, clay 4 63.23 65 4,109.95

Toilet Asbestos 1 3.2 245.5 245.5 slates, nails Total: 7 179.32 11,693.3

Source: Valuation Report

VIII. INCOME RESTORATION AND REHABILITATION

157. This section briefly describes programs for restoring and enhancing income of vulnerable groups.

158. Vulnerability Allowance. For the DP who is vulnerable–poor, a one-time cash allowance amounting TJS750 will be paid.

159. Severity Allowance. For the two DPs who will lose 18% and 24% of their productive assets, a one-time cash allowance totalling TJS 1,500 will be paid.

160. Priority in work placement. All DPs will have priority entitlement to be employed at Project construction and rehabilitation works and details will be included in the progress reports.

IX. RESETTLEMENT BUDGET AND FINANCING PLAN

161. The Government of Tajikistan is responsible for all the land acquisition costs associated with the implementation of this LARP. A budget of approximately TJS 17,041.56 will be allocated for the implementation of the entire LARP activities from the national budget for the Building Climate Resilience in the Pyanj River Basin Project before the LARP implementation. This includes the cost for compensation of losses and allowances. Internal monitoring of the LARP implementation will be carried out by the Resettlement Consultant, employed by EA/PMO.

162. The budget breakdown is shown in Table 17.

Table 17: Resettlement Budget

Particular items Number Quantity Estimated Estimated of DPs budget budget ($)15 (TJS) 1. Compensation 1.a Compensation for trees 27 non-productive 2 HH 3 productive 1,758.00 223.39 1.b Compensation for buildings 7 units and structures 2 HH 11,693.30 1,485.88 1.c Subtotal compensation 13,451.30 1,709.27 2. Allowances 2.a Vulnerability allowance 1 HH 750.00 95.30 2.b Severity allowance 2 HH 1,500.00 190.61 2.c Subtotal allowances 2,250.0 285.91 3 Subtotal compensation and allowances 15,701.30 1,995.18 4 Contingency (20%) 3,140.26 399.04 Total: 18,841.56 2,394.22 Source: Valuation Report, PMO.

163. The budget for LARP will be released by Ministry of Finance to PMO and PMO will disburse them down the district level via the district branches of State Savings Bank (or any other feasible alternative) through the list of DPs.

164. The PMO has established the Safeguard Team (Resettlement Consultant) to carry out LAR tasks and responsibilities during the Project implementation.

X. INSTITUTIONAL ARRANGEMENTS

165. To ensure effective and timely implementation of the LARP there will be a need for involvement of several agencies and units. Key institutions involved in preparation, implementation, monitoring and reporting of this LARP includes PMO (State Institution Project Management Unit of Building Climate Change Resilience in the Pyanj River Basin Project), Committee on Land Administration and Geodesy under the Government of the Republic of Tajikistan, Ministry of Finance, local executive government bodies (Hukumats) with its relevant department, and valuation company etc. This chapter describes the roles of the different parties involved in LAR preparation and implementation.

A. Project Management Office (State Institution Project Management Unit of Building Climate Change Resilience in the Pyanj River Basin Project)

166. PMO has the overall responsibility for the Building Climate Resilience in Pyanj River Basin Project Component 1 and 2, including preparation, implementation, financing, reporting and evaluation on this LARP. In particular, the PMO shall:

(i) draft and approve the LARP upon having obtained ADB's approval; (ii) make decisions related to the land acquisition and compensation of affected

15 The rate of $1.00 = TJS7.8696 is obtained through the official website of the National Bank at http://www.nbt.tj/ru/kurs/kurs.php.

people; (iii) steer government units as well as local authorities involved in land acquisition, plot allocation and complaint handling and/or grievance resolution; (iv) ensure availability of sufficient budget for compensation, support and resettlement activities; (v) ensure compliance of land acquisition and resettlement activities with the approved LARP; and (vi) ensure engagement of experts/consultants to assist in implementation of LARP and monitoring/evaluation activities.

167. PMO is also responsible for ensuring cross-agency coordination and liaison with relevant state agencies involved in implementation of all LAR tasks, facilitating high-level decisions, including resolving DP grievances and facilitating court processes if any. With regard to grievance redress, PMO will be responsible for establishing the grievance redress committee along with the local authority of Ishkashim district.

B. Resettlement Consultant

168. The Resettlement Specialist/Consultant for the Project is responsible to coordinate drafting of the final LARP its implementation. The resettlement specialist/consultant shall be assigned to:

(i) verify the list of DPs based on the final detailed design and update a database of DPs and impacts based on the verification results; (ii) maintain regular coordination and communication with relevant state agencies; (iii) follow up and provide support to during notification of DPs on upcoming land/property acquisition; (iv) provide support during verification of the DP census and socio-economic survey data, and valuation of the land/property to be taken; (v) prepare documents for negotiation of compensation with the DPs; (vi) prepare documents for formalizing agreements with DPs, processing of compensation payments, follow up with registration of land/property titles; (vii) conduct regular consultations and exchange of information with DPs on the implementation of the LARP; (viii) disclose the LARP and the information brochures; (ix) plan and manage LARP implementation and distribution of compensation; (x) follow up with expropriation cases if any; (xi) assist in receiving, recording, resolving and reporting of grievances related to land/property acquisition process and other issues related to the project and coordinate with the all the relevant stakeholders; (xii) ensure proper internal monitoring; (xiii) monitor/supervise the temporary land acquisition carried out by contractor(s) engaged for the project if any; and (xiv) prepare regular reports on the progress of LARP activities.

C. Ministry of Finance

169. The Ministry of Finance of the Republic of Tajikistan will allocate financing for the compensation for land/property acquisition and resettlement. Based on the LARP approved by

the Government, the Ministry of Finance allocates funds for LARP implementation upon PMO request, to the Ishkashim district State Savings Bank branches with the DP names and eligible amounts due.

D. Local Authorities

170. Although PMO takes the central role in implementing the LARP, the Hukumats play important roles in DP consultation, issuance of decrees, grievance resolution and in the provision of alternative land plots as well as overall LAR implementation-related coordination. Hukumats will also involve village/mahalla leaders in information dissemination and grievance redress.

E. Project Implementation Consultant (PIC)

171. The PIC assists PMO in carrying out the duties related to finalization, implementation, supervision, monitoring and evaluation of LAR activities. In particular, the PIC assisted PMO in:

(i) finalizing the design for sub-projects, including updating the details of affected lands and properties; (ii) design and supervising the consultations, disclosure, DMS and census/socioeconomic survey for the final LARP; (iii) coordinating with the licensed valuator and/or district LAR Committee in conducting official valuation of affected assets to ensure that the replacement cost principles of the ADB SPS (2009) are adhered to; (iv) ensuring complete vacation of affected structures/land before civil works commencement and payment of appropriate compensation before displacing the DPs; (v) monitoring LARP implementation process, providing data and support PMO in preparation of quarterly monitoring reports on LARP implementation and monitoring activities; (vi) informing the PMO on the issues and bottlenecks that arise during LARP implementation and monitoring, and provide recommendations and suggestions on solution of such issues; (vii) supervising the activities of contractor(s) and sub-contractor(s), including implementation of mitigation measures, temporary land acquisition, etc.; (viii) advising PMO on LAR issues and grievance redress; and (ix) studying, communicating to PMO and implementing immediate remediation in case of any non-compliance with the LARP.

F. Other Agencies and Institutions

172. Several other institutions take part in the preparation and implementation of LAR activities. These are:

(i) State Committee for Land Administration and Geodesy (CLAG) of the Republic of Tajikistan is the central government body with executive power for land management. The CLAG together with the state enterprises under its control, is responsible for promoting and developing unified state policy in land matters, and the management of state land; managing survey works including land cadaster, geodesy, aerial imagery and topographic mapping; controlling the use and protection of land, geodesy, and further development of the

level of government geodetic control, aerial imagery and mapping activities; undertaking government activities on land management, land cadaster, a n d geodesy,; conducting the registration of land use rights and implementation of land reform; undertaking surveying and land plot formation activities; preparing and issuing of the Land Use Right Certificates; registering changes of land users; allocating new land plots; acquiring land for the state; surveying the land plots, the subject of land use rights; developing the projects for allocation of land use rights for non-agricultural needs; and implementing land assessment work, soil assessment and economic valuation of land. Since June 2015 the newly established State Unitary Enterprise “Registration of Immovable Property” (SUERIP) as a self-financing entity under the CLAG started its operation, with merged functions of BTIs and Land Committee. SUERIP is responsible for maintaining the Unified State Register of immovable property in line with the real estate registration reform. (ii) Local Courts. The court system will be involved in LAR process in case the agreement is not reached between EA and the owner/user of the affected land plot/property. The court system in the Republic of Tajikistan has a pyramidal hierarchy and includes (i) district courts; (ii) regional courts; and (iii) Supreme Court of the Republic of Tajikistan. Meantime the trial process has the following steps: (i) Court of First Instance; (ii) Appeal Court; (iii) Cassation Court; and (iv) Supreme Court. In case of expropriation issues, EA shall rely on the court system, which based on due legal process will review the expropriation cases, carry out a hearing and decide whether the land/property can be expropriated and at what price; (iii) Independent Asset Valuators. These are accredited/licensed private firms hired to evaluate the affected assets subject to acquisition/expropriation.

G. Asian Development Bank

173. Besides carrying out the periodical supervision of the Project, ADB will review the LARP and clear contract awards signing, and initiate civil works, as well as review LAR monitoring progress and results. ADB also assists with capacity building of parties involved in LAR processes and carries out monitoring of LAR related activities.

174. Figure 4 below shows the LAR implementation arrangements and relations among various stakeholder agencies involved in the LAR activities for this Project.

Figure 4: LAR institutional arrangements and relations among stakeholders

ISHKASHIM PROJECT MANAGEMENT ADB OFFICE DISTRICT AUTHORITY

CONSULTANTS INDEPENDENT VRANG JAMOAT AND VALUATOR CONTRACTORS

COURT OF LAW AFFECTED PERSONS 44

XI. IMPLEMENTATION SCHEDULE

A. General 175. The implementation schedule of the resettlement plan will depend on the allocation of LAR funds. All LAR related activities are planned in way to ensure compensation is paid prior to commencement of civil the works. Public consultations were carried out throughout LARP preparation and continue through the Project life. Internal monitoring and grievance redress will be undertaken intermittently throughout the Project duration.

176. The Project LAR activities include (i) updated data on DPs and their properties, and conducting detailed measurement survey and valuation, and full consultations with DPs; (ii) preparation of the final LARP; and (iii) internal LARP monitoring.

177. The Project commenced in June 2015 and will have a seven year duration period. With most of the first couple of years focusing on detailed design and contracting, implementation of the first contracts started in March 2016.

178. The LARP needs to be fully implemented and evaluated not later, than April-May 2016. Implementation is expected to take about 2 months from the negotiation of compensation with DPs, to compensation payment, and internal monitoring. However, the delays in LAR implementation process (even minor ones) can impact the overall implementation of civil works, thus impacting the overall progress of project, it is necessary to ensure proper and timely implementation of the steps envisaged in this LARP.

179. The schedule for Project implementation is presented in Table 18.

Table 18: LARP implementation schedule 2016 1st 2nd 3rd Milestones/Activities Quarter Quarter Quarter A. LARP Preparation Cut-off date establishment and publication of announcement Detailed surveys (census, socio-economic survey and valuation) Public consultations RP drafting RP review / approval / disclosure No objection to signing of civil works contract B. Final LARP implementation

Allocation of LAR funds Schedule for compensation Processing of compensation payments to APs Demolishing affected structures/assets Monitoring Preparation of compliance report Review of compliance report and issuance of Notice to Proceed for civil works Start of civil works Compensation of temporary impacts during civil works 180. Source: PMO

B. LARP Implementation Phase

181. Upon the approval of the final LARP, all the arrangements for setting the compensation and the disbursement have to be carried out. These include payment of all eligible assistance, site preparation for delivering the site to civil works contractor(s) and finally commencement of the civil works. Internal monitoring will be the responsibility of PMO and will start early during the Project once implementation of final LARP starts and will continue until the completion of the project.

182. Table 19 shows the activities involved in the LARP preparation, finalization and implementation and the agencies/units involved.

Table 19: LARP Preparation and Implementation Process Work Description Responsible Agency A. LARP Preparation and Finalization A.1 Cut-off date establishment and PMO, Vrang Jamoat announcement A.2 Detailed surveys based on the final PMO (with support of LARC, Design Engineer, design (census, socio-economic licensed valuator) survey and valuation) A.3 Public consultations PMO, Local authorities of Ishkashim district, Vrang jamoat, Design Engineer, licensed valuator A.4 LARP drafting PMO (Design Engineer, survey team, licensed valuator) A.5 LARP review/approval/disclosure GoT, PMO, ADB A.6 No objection to signing of civil works ADB contract B. LARP Implementation B.1 Allocation of LAR funds Ministry of Finance of the Republic of Tajikistan B.2 Schedule for compensation action plan PMO B.3 Processing of compensation payments PMO, Ishkashim district authorities, Vrang jamoat to DPs B.4 Expropriation proceedings if relevant PMO, Courts B.5 Demolishing/clearance of affected Contractor(s), PMO plots/assets B.6 Monitoring PMO (together with PIC), TJRM B.7 Preparation of compliance report PMO B.8 Review of compliance report and ADB

issuance of Notice to Proceed for civil works PMO = project management office PIC = project management and supervision consultant. Source: PMO

XII. MONITORING AND REPORTING

183. The PMO (with support of PIC) will monitor LARP implementation progress, and submit quarterly monitoring reports to ADB. Table 20 below shows a general system of monitoring indicators to be periodically reported to ADB.

Table 20: LARP Internal Monitoring and Evaluation Matrix Purpose Activities Monitoring Indicators Identification of Verify the list of compensation recipients Number of persons in the list of compensation against eligibility criteria for compensation. compensation recipients, who do not recipients meet eligibility criteria (included by mistake). Identification of persons, who may claim Number of persons who meet the eligibility for compensation, but are not criteria, but are not included in the list included in the lists of compensation of compensation recipients (excluded recipients. Separate verification should be by mistake). performed on each type of compensation. Verification of Confirmation of the areas of affected Area of land subject to acquisition, for affected area assets (including land plots and real which compensation has been paid. property) against the LARP. Area of structures subject to acquisition for which compensation has been paid. Verification of Examination of financial documents Number of persons who received compensation compensation timely and in full, by amount, compensation type. processing and Identification and analysis of reasons for Number of persons who did not payment compensations not being paid in full and receive compensation timely and in timely. full, disaggregated by compensation types. Amount of funding allocated for payment of compensations. Verification of Identification of reasons for which payment Number of persons who received compensation of compensations was delayed (e.g., due compensation with delay, by timeline to the court trial, inheritance issue, etc.). compensation type and reasons of delay; changes in the amount of compensation (if any) should also be noted. Verification of Determining the level of involvement and Number of compensation recipients consultation and identification of reasons of inadequate participated in consultations and participation participation. coordination meetings at each stage of land acquisition. Examination of grievance cases; analysis Number of complaints received. of disputes and complaints content, and resolution of conflicts Number of complaints resolved. Verification of Socio-economic survey of affected Changes in the household Income households (after implementation of the income/livelihood. Restoration LARP). Source: PMO

184. It is expected that implementation of the LARP for Project will take 2-3 months. Although identified impact is not significant, PMO will ensure appropriate internal monitoring is in place to record the progress in compensation payment and other resettlement activities, to ensure full compliance with ADB SPS 2009 requirements, and to avoid potential risks.

ANNEX 1

LIST OF PARTICIPANTS OF PUBLIC CONSULTATIONS AND FGDS IN TRICH VILLAGE

ANNEX 2 LETTER OF THE ISHKASHIM DISTRICT CHAIRMAN ON ESTABLISHING LAR COMMISSION, GRM AND VERIFYING LAR IMPACTS (INVENTORY OF LOSSES)

Unofficial English translation of the letters annexed below:

Republic of Tajikistan, Chairman of Ishkoshim District, Gorno-Badakhshan Autonomous Oblast (address and contacts)

#64, dated February, 2016

To: Head of the State Institution Project Management Unit of Building Climate Resilience In The Pyanj River Basin Project, Mr. Karimov N.G.

Ishkashim district local executive body of state power highly appreciates your efforts in preparation and implementation of the planned projects in our district. As per your Letter dated December 2, 2015, based on the Decree of the District Head, an authorized commission has been established to validate the outcomes of the Detailed Measurement Survey as well as the identities of the Affected Persons.

We would like to inform you that the LAR Commission once again inspected the impact on Palangov Boymahmad and Mamadvafoev Bodurkhon, living along the Trich mudflow canal based on the detailed engineering design, provided by your organization, and herewith would like to confirm the impact and the identities of the mentioned affected persons.

The outcomes of the LAR Commission’s work are presented in the below attachment. Thus, we would like to kindly request you to facilitate the compensation payment to these persons.

Chairman of the District Zikrikhudo Samadzoda

Republic of Tajikistan, Chairman of Ishkoshim District, Gorno-Badakhshan Autonomous Oblast (address and contacts)

#94, dated February, 2016

DECREE On establishing the interdepartmental commission at the district level to inspect and identify the impact on citizens to be affected by the Trich mudflow canal rehabilitation sub-project.

According the Art. 19 and 20 of the Constitutional Law of the RT “On local executive bodies of the state power”, Art. 7, art. 38.1. of the Land Code of the Republic of Tajikistan, and in conjunction (as responsive measures) with the Letter # 406, dated 09.12.2015 from the State Institution Project Management Unit of Building Climate Resilience In The Pyanj River Basin Project:

I decide:

1. An authorized interdepartmental (LAR) commission shall be established at the district level to inspect and identify the impact on citizens caused by the Trich mudflow canal rehabilitation sub- project;

2. The members of the LAR Commission shall include First Deputy Chairman of the District, Head of the District Land Management Committee, Head of the Environment Protection Committee, Head of the District office of the State Unitary Enterprise “Registration of Immovable Property”, Chief Architect of the District, Head of the Sanitary and Epidemiological Service, Head of the Agricultural Department, Head of the Emergency Situations’ Office, Head of Vrang Jamoat (self-governance body), land management specialist of Vrang jamoat;

3.The LAR Commission will be chaired by First Deputy Chairman of the District.

Chairman of the district: Zikrikhudo Samadzoda (signature)

Republic of Tajikistan, Chairman of Ishkoshim District, Gorno-Badakhshan Autonomous Oblast (address and contacts)

#33, dated 1 April, 2016

To: Head of the State Institution Project Management Unit of Building Climate Resilience In The Pyanj River Basin Project, Mr. Karimov N.G.

We would like to inform you that the LAR Commission once again inspected the impact on Palangov Boymahmad and Mamadvafoev Bodurkhon, living along the Trich mudflow canal based on the detailed engineering design with the corridor of impact defined as 6 meters in the upper section and 8 meters in the lower sections, provided by your organization, and herewith confirm the impact and the identities of the mentioned affected persons.

The outcomes of the LAR Commission’s work are presented in the below attachment.

Chairman of the District Zikrikhudo Samadzoda (signature)

Tables detail Inventory of Losses incurred by the DPs

ANNEX 3 PHOTOS OF LARP PREPARATION AND PUBLIC CONSULTATION MEETINGS