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RESETTLEMENT PLANNING DOCUMENT September 2012 REPUBLIC OF TAJIKISTAN: Grant 0245-TAJ: CAREC Corridor 3 (Dushanbe- Uzbekistan Border) Improvement Project Land Acquisition and Resettlement Plan (Phase 1) Addendum 3 Social Monitoring Report Prepared by Ministry of Transport of Republic of Tajikistan for the Asian Development Bank. Ministry of Transport Republic of Tajikistan External Monitoring Report of the implementation of Land Acquisition and Resettlement Plan (Phase 1) Addendum 2 CAREC Corridor 3 (Dushanbe – Uzbekistan border Road Improvement Project) ADB Grant: 0245 - TAJ (SF) Prepared by: Urakova Zarina External Monitoring Consultant (EMC) SEPTEMBER 2012 Page | 1 Contents 1 Abbreviations and Acronyms 3 2 Introduction 4 3 Methodology and Approach 6 4 Asset inventory, compensation and entitlements 7 5 Costs summary 8 6 Rehabilitation program for vulnerable Aps 9 7 Public consultation 9 8 Grievance cases 10 9 Conclusions 10 10 Recommendations 12 Page | 2 1 ABBREVIATIONS AND ACRONYMS AP Affected Person AE Affected Entity ADB Asian Development Bank AIDS Acquired Immune EfficiencySyndrome ALMGC Agency for Land Management, Geodesy and Cartography CAREC Central Asia Regional Economic Cooperation CDF Collective Dehkan Farm DF Dekhan Farm DMS Detailed Measurement Survey EA Executing Agency FGD Focused Group Discussions Ha Hectare HH Household Kg Kilogram LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LS Lump Sump M&E Monitoring and Evaluation MoT Ministry of Transport NGO Non-Government Organization PIU RR Project Implementation Unit Roads Rehabilitation PMC Project Management Consultant PSA Poverty and Social Assessment RoW Right of Way TJS Tajikistan somoni (currency) Page | 3 2 INTRODUCTION 1. This Compliance report has been prepared by an External Monitoring Consultant to assess whether the implementation of the Land Acquisition and Resettlement Plan, Phase 1Addendum 2 for the Dushanbe-Uzbekistan Border road (the Project) complied with the stipulations of the approved LARP and ADB Involuntary Resettlement safeguards. A satisfactory implementation of the LARP is a condition for ADB no objection to the start of physical civil works. 2. This report represents only monitoring of the Land Acquisition and Resettlement Plan, phase 1 Addendum 2, which was endorsed by the Government of the Republic of Tajikistan and approved by ADB in June 2012 and its immediate implementation has been carried in close colaboration of the Ministrry of Transports’ Project Implmentation Unit (PIU) with the local hukumats representatives and resettlement specialists of the Project Management Consultant (PMC). The ADB National Resettlement Specialist based at the ADB Tajikistan resident mission also observed the compensation payment process in the field. Internal monitoring of the Addendum 2 LARP 1 implementation has been started by end of June and completed 10th of August 2012. Attached to this report Appendix 1 is the internal monitoring of LARP 1 Addendum 2, the content of which acknowledged by the EMC after thorough review of all supporting documents and consultations with APs and other stakeholders at different levels. 3. This report covers information on additional impact on APs caused by the project based on finalized design of road section A (6.46 km of four-lane road) in Rudaki and Gisar districts and parcially road section D (6 km two-lane road) in Tursunzoda district. Table 1 provides information on road sections locations and lengths. Table 1: Road Sections under LARP Phase 1 Road Section Kilometer Length (km) Included in From To addendum 2 A 7+540 14+000 6.46 A - 6.46 km B 17+060 21+500 4.44 C 26+500 34+000 7.5 D 43+800 61+550 17.75 D - 6 - km Total 36.15 4. The External Monitoring Consultant has prepared this Compliance Report based on the following parameters and objectives: i. Verification that all APs have been compensated in the amounts stipulated in the Addendum 2 LARP 1 document; ii. Assessment of the accuracy of survey and asset valuation; iii. Assessment of the effectiveness and thoroughness of the legalization/re- registration process; iv. Assessment of the rehabilitation program for severely affected and vulnerable APs; v. Review of complaint and grievance cases and of their solution vi. Assessment of the satisfaction of the APs vii. Lesson learned to be applied to the next projects, and; viii. General assessment of Addendum 2 LARP 1 implementation and recommendations to ADB regarding provision of No Objection Letter to start the civil works; Page | 4 5. Impact Summary. Based on detailed design, 264 persons, comprising 34 affected households have been identified in different locations of Rudaki, Gisar and Tursunzoda districts who were not listed in the LARP 1.A summary of impacts provided in table 2. Based on the information from table 2, 23 APs lose 3.03 ha of agrucultural lands of annual crops, orchards and vineyards, 9 households lose 2,283 sq. meter of residential/commercial lands. Some miner technical mistakes occurred during preparation of Addendum 2 of LARP 1 preparation, which were corrected and implemented according to the actual situation. Further the report will bring detale explanation of the actual impact volumes and implementation. Table 2: Addendum 2 of LARP 1Impact Summary Identifiedand Actual Impact on land, structure, trees and facilities Unit Planned Actual Affected households’ agricultural land and orchards Number 23 23 Affected area of households’ agricultural land and Sqm 30299.5 30299.5 orchards Average % of the affected land area against total land % 0.36% 0.36% holding Affected fruit trees on agricultural land Number 408 408 Affected households’ residential / commercial land Number 7 9 Affected area of residential / commercial land Sqm 2238 2283 Affected fruit trees on residential / commercial land Number 16 18 Affected buildings Number 1 2 Outbuildings (toilets, barns, cattle barns, etc.) m 105 130 Affected walls, fences and other miscellaneous items Number 12 13 Concrete wall m 31.55 33.6 Cement blocks wall m 17.5 17.5 Wire netting fences Sqm 40 94.6 Concrete surfaces m 53.1 53.1 Severely Affected Households Number - - Number of Households to be relocated Number - - Vulnerable Affected Households Number 2 2 Total Affected Households Number 34 34 Total Affected Persons Number 264 264 6. Compensation entitlements planned and amounts delivered. Scale of LAR impact on these newly identified 34 households has been measured and their enttlements were validated based on the matrix used for the LARP phase 1. A few differences in calculations were identified and necessary corrections were made before delivering of the compensations to APs. Accordingly APs acceptance of these these small changes based on the actual situation and proves have been achieved. Following the entitlements defined in the LARP phase 1 Addendum 2 compensation matrix, APs were delivered with compensation quantities/amounts commensurate to the amounts and unit rates detailed in the approved LARP 1 Addendum 2. Amount of 292,391.30 TJS was paid to APs, as compensation and allowances against their losses. 7. Public Consultation. Group and individual consultations with the affected persons and other stakeholders (community leaders, jamoat and district hukumat representatives) have been conducted at different stages of the Addendum 2 LARP 1 implementation. APs used their rights to discuss and submit their grievance applications on disagreements on evaluation of affected assets and or any other issues and suggestions about the project. Overall one group and two individual written complaints were registered and all issues were solved at jamoat level.External Monitoring Team conducted round of consultation and meetings with Page | 5 individual APs and groups, jamoat representatives and other project stakeholders from 29th of August to 8th September 2012 to gauge level of APs satisfaction. 8. Assessment on Compleance. LARP was implemented in a manner that all potential adverse impact on APs land, buildings, income sources and other assets have been fairly compensated to achieve APs satisfaction.Valuation methods, entitlements matrix used for the LARP phase 1 has been applied during addendum 2 preparation and implementation. LARP implementation complied with the ADB Safeguard Policy Statement requirements for involuntary resettlement and the principles adopted for the project, in terms of provision of compensation and impact validation. All compensations, assistance and benefits adopted in the proposed entitlements matrix, corresponded to the APs received benefits that they were entitled for. 3 METHODOLOGY AND APPROACH 9. The External Monitoring Consultant has prepared this Compliance Report based on the following parameters and objectives: ix. Verification that all APs have been compensated in the amounts stipulated in the Addendum 2 LARP 1 document; x. Assessment of the accuracy of survey and asset valuation; xi. Assessment of the effectiveness and thoroughness of the legalization/re- registration process; xii. Assessment of the rehabilitation program for severely affected and vulnerable APs; xiii. Review of complaint and grievance cases and of their solution xiv. Assessment of the satisfaction of the APs xv. Lesson learned to be applied to the next projects, and; xvi. General assessment of Addendum 2 LARP 1 implementation and recommendations to ADB regarding provision of No Objection Letter to start the civil works; 10. The above work entailed a thorough review of all documents used for LARP 1 Addendum 2 preparation