Bi-Annual Social Monitoring Report

# 6 Bi-Annual Social Report (July–December 2013) Loan 2562-KAZ March 2014

KAZ: Multitranche Financing Facility CAREC Transport Corridor 1 (Zhambyl Oblast Section) [Western Europe–Western People’s Republic of China International Transit Corridor] Investment Program, Tranche 2

Prepared by DOHWA Engineering Co. Ltd. for the Ministry of Transport and Communications of the Republic of Kazakhstan and the Asian Development Bank.

Dohwa Engineering Co., Ltd

TABLE OF CONTENTS

ACRONYMS & ABBREVIATIONS ...... 4 DEFINITION OF SELECTED TERMS ...... 5-7 1: INTRODUCTION AND BACKGROUND ...... 8 1.1 Introduction ...... ……8 1.2 Project Background ...... 8-9 1.3 Project Location ...... 9-10 1.4 Physical progress of project activities ...... 10-11 2: COMPENSATION PAYMENT FOR LAND ACQUISITION AND RESETTLEMENT ...... 12 2.1 Process of land Acquisition ...... 12 2.2 Summary Impacts of the project ...... 12-13 2.3 Status of Land Acquisition ...... 13-21 2.4 Other impacts ...... 22-26 3. MONITORING DATA COLLECTION ...... 27 3.1 Scope of Monitoring ...... 27 3.2 Methodologies adopted during monitoring ...... 28 3.3 Monitoring indicators as per LARP ...... 28-30 3.4 Effectiveness of Resettlement Planning ...... 30-31 3.5 People’s complaints ...... 31 4: REDRESS OF GRIEVANCES ...... 32 4.1 Grievance Redress Mechanism ...... 32 4.2 Observation on grievance resolution ...... 33 5. HEALTH AND SAFETY ...... 34 5.1 Accidents occurred in the project ...... 34-35 6. CONCLUSION AND RECOMMENDATION ...... 36 6.1 Conclusion ...... 36 6.2 Recommendation ...... 37

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 2

Dohwa Engineering Co., Ltd

TABLES

Table 1.1: Scheduled and actual date of completion of civil works by KCC and KDS.………….....10 Table 2.1: Summary Impact of LARPs...... ……………………………………………………………...13 Table 2.2: Loss of land by category in three LARPs.……………………….………………………….14 Table 2.3: Temporary Land use by Kazakhdorstroy LLP...... ………………….15-16 Table 2.4: Temporary Land use by KCC E&C...... 17-18 Table 2.5: List of owners with land parcels including additional land acquisition…………….....20-21 Table 2.6: Summary progress of payment of compensation and other assistance...... 25-26 Table 3.1: LARP Implementation Monitoring Indicators…..………..…..………………………….28-30 Table 4.1: Steps of redressing grievances ………………………………………………………...... 32 Table 4.2: LARP wise number of grievances received and resolved …………………………...... 33

FIGURES

Figure-1.1: Location Map of the project ……………….…………………………………………….….09

Annexes

Annex I Monitoring Survey Questionnaire …………………………………………………………..38-39

Annex II Temporary land handover certificates of KDS ...... 40-45

Annex III Work Acceptance certificate of KDS...... 46-50

Annex IV Summary report on grievance resolution ………………………………………………..51-70

Annex V Minutes of the meeting about relocation of Honey Vendors...... 71-73

CURRENCY EQUIVALENTS

(As of February 2014)

Currency unit – Kazakhstan Tenge (KZT)

$1.00 = KZT 184

WEIGHTS AND MEASURES 1ha (Hectare) = 10000sq.m (square meter)

1 km (kilometer) = 1000 m (Meter)

1 Metric Ton = 1000 kg (kilogram)

NOTE

In this report $ refers to US Dollar

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 3

Dohwa Engineering Co., Ltd

ACRONYMS & ABBREVIATIONS

ADB Asian Development Bank AIDS Acquired Immune Deficiency Syndrome APs Affected Persons CAREC Central Asia Regional Economic Cooperation CoR Committee of Roads EA Environmental Assessment EMA External Monitoring Agency FS Feasibility Study GosNPTsZem Zhambyl Land State Scientific and Production Center for Land Management

GRC Grievance Redress Committee GRM Grievance Redress Mechanism IFIs International Financial Institutions LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LARU Land Acquisition and Resettlement Unit LE Legal Entity LLP Limited Liability Partnership MFF Multi-Tranche Financing Facility MIS Management Information System MOTC Ministry of Transportation and Communication PFR Periodic Financing Request PMC Project Management Consultants RCM Road Construction Material RD Road Department, Zhambyl oblast Branch “Kazavtozhol” JSC RK Republic of Kazakhstan ROW Right of Way TSA Targeted Social Assistance TSL Top Soil Layer

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 4

Dohwa Engineering Co., Ltd

DEFINITION OF SELECTED TERMS Compensation: Payment made in cash or kind to the project affected persons/households at replacement cost for the assets acquired for the project, which includes the compensation provided under the Land Code of the Republic of Kazakhstan (RK Code No. 442-II of 20 June 2003 and amended on 6 July 2007, Article 87.1 that refers stipulated in the Land Acquisition and Resettlement Plan (LARP). Cut-off Dates: These are the dates on which censuses of the project affected persons and their assets to be affected are commenced in a particular area. Assets like houses/structures and others which are created after the cut-off dates, and the persons or groups claiming to be affected, become ineligible for compensation and assistance. This is defined as the date of approval of the Feasibility Study by the Government of Kazakhstan for upgrading the Western Europe - Western China Transit Corridor on 31st March 2008.

Entitlement: Refers to mitigation measures, which includes cash payments at replacement cost or through replacement land equal in value/productivity to the plot lost and at location acceptable to APs where feasible as stipulated in the LARP. Entitlements include compensation for structure (permanent & temporary), crops, trees, business, wage, etc. (allowing the project affected persons to keep felled trees, salvageable building materials, etc.), for which compensation is already paid. Household: A household is a group of persons who commonly live together with common incomes and take their meals from a common kitchen. Income Restoration: Refers to re-building the capacity of the project affected households to re- establish income sources at least to restore their living standards to the pre-acquisition levels. Indigenous Peoples: Indigenous Peoples are those who are identified in particular geographic areas based on these four characteristics: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. Involuntary Resettlement: The situation arises where the State’s power of eminent domain requires people to acquiesce their rights to personal properties and re-build their lives and livelihood in the same or new locations. Legal Entity: Legally registered enterprise established by two or several individuals or companies vested with its separate property, rights and liability such as a limited liability partnership (LLP), and joint stock company (JSC). It also includes former Soviet collective farms that were privatized into collective enterprises, and production cooperatives.

NGO: Non-Government Organizations (NGO) are private voluntary organizations registered in Kazakhstan Government. There are about 2930 NGOs working in Kazakhstan performing activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development, etc.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 5

Dohwa Engineering Co., Ltd

Participation/Consultation: Defined as a continuous two-way communication process consisting of: ‘feed-forward’ the information on the project’s goals, objectives, scope and social impact implications to the project beneficiaries, and their ‘feed-back’ on these issues (and more) to the policymakers and project designers. In addition to seeking feedback on project specific issues, the participatory planning approach also serves these objectives in all development projects: public relations, information dissemination and conflict resolution. Physical Cultural Resources: Defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices. Their cultural interest may be at the local, provincial or national level, or within the international community. Project-Affected Person/Household/Legal Entities: Persons/households/Legal Entities whose livelihood and living standards are adversely affected by acquisition of lands, houses, and other assets, loss of income sources and the like, due to undertaking of the project. Rehabilitation: Refers to improving the living standards or at least re-establishing the previous living standards, which may include re-building the income earning capacity, physical relocation, rebuilding the social support and economic networks. Relocation: Moving the project-affected households/Legal Entities to new locations and providing them with housing, water supply and sanitation facilities, lands, schools, and other social and health care infrastructure, depending on locations and scale of relocation. Replacement Cost: The Asian Development Bank’s Safeguard Policy Statement (SPS 2009) describes “replacement cost” as the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets is not taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Severely Affected Households: As per SPS 2009 households/entities losing more than 10% of his/her income/ productive assets called severely affected Squatter: Household or person occupying public lands without legal arrangements with the Government of Kazakhstan or any of its concerned agencies is a squatter to the lands. Stakeholder: Refers to recognizable persons, and formal and informal groups who have direct and indirect stakes in the project, such as affected persons/households, shop owners, traders in roadside markets, squatters, community-based and civil society organizations.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 6

Dohwa Engineering Co., Ltd

State Land: State lands are public lands those are not recorded in the name of any private citizen/entity of the country. Local Regional Akim in a respective region is the custodian of all state lands in a district. Vulnerable Household: Households that might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically households living below the poverty line (with per capita income of KZT 6399.6 per month) are considered vulnerable and are entitle to get the Targeted Social Assistance (TSA) from the Government.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 7

Dohwa Engineering Co., Ltd

1: INTRODUCTION AND BACKGROUND

1.1 Introduction

This Bi-annual Social Monitoring Report is prepared for Tranche-2 (km 305- km 389+400 road section covering two LARPs) of the Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 1 (Zhambyl Oblast section) of Western Europe-Western China International Transit Corridor Investment Program (ADB Loan 2562-KAZ). Ministry of Transport and Communications (MOTC) is the executing agency of this project, and the Committee of Roads under MOTC is the implementing agency, with the Zhambyl Oblast Branch “Kazavtozhol” JSC being the implementing unit for the Tranche 2 loan. This is the 7th monitoring repot covering progress achieved in July-December 2013 and cumulative progress up to December 2013 in LARPs implementation.

Initially one Land Acquisition and Resettlement Plan (LARP) was prepared for the Tranche 2 (km 310+500- km389+400). But due border adjustment with Kyrgyz Republic the alignment was shifted from km 305 to k 331 and for this two Land Acquisition and Resettlement Plans (LARP I & II) were prepared; one for road section 305-331 and another for the road section 331-389+400. Although DOHWA is supervising construction work from km 310+500 to km 389+400, the monitoring report has been prepared based on LARPs covered area i.e. km 305 – 389+400. ZhOB “Kazavtozhol” JSC has been directly implementing the LARPs. No implementing NGO or agency has been engaged to assist them in implementation process. Only independent evaluator was engaged to assess the current market price of the affected land and other properties.

This report reflects on progress of LARP implementation i.e. status of land acquisition, payment of compensation and resettlement benefits, relocation of the affected households and other entities, wage laborers, grievance mechanism and outcome as prescribed in the updated Land Acquisition and Resettlement Plans (LARPs) final version (March 2011).

1.2 Project Background

The Asian development Bank (ADB) is financing an amount of $ 700 million for implementing the Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 1 Program. The program includes rehabilitation, improvement or construction of several road section of the Western Europe- Western China Transit Corridor and is financed through a Multi-tranche Financial Facility (MFF) divided in several Tranches (Projects). Tranche-2 is one of them and it covers rehabilitation of road section km 310+500-km 389+400 (kulan-Merke and Merke-Blagoveschenka) which is monitored by DOHWA Engineering Co. Ltd. Displaced persons (DPs) of this project were initially identified during detailed design stage and accordingly LARP was prepared in December 2009 and approved by Zhambyl Oblast Road Department. Due to border adjustment between Kyrgyz Republic and Kazakhstan, the road alignment was shifted from 200 to 250 meter towards north from the km 305+000 to 331+000. This is to be mentioned that the road section km 305+000 to km 310+500 is under Tranche 4. The revision of the road alignment was done in July 2010 which resulted inclusion of some new DPs and changes impacts on the DPs enlisted in old alignment. A revaluation of the affected land under revised alignment was conducted by a valuation company named DALER in August-September 2010 and a supplemental socioeconomic survey was carried out in January 2011 for this particular changed alignment portion and updated/finalized 2 Land Acquisition and Resettlement Plans (LAPRs); one for changed section (km305-km331) and another for unchanged section (km331-km389+400). Valuation of the land was conducted on the changed section and updated the unit rate of land per hectare. These

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 8

Dohwa Engineering Co., Ltd

The project civil work was commenced in 17 September 2010 and is scheduled to be completed by June 2013 in road section Km 310+500- km358+600 and in April 2013 at road section km358+600-km389+400. Civil works in both the contracts have been completed (table 1.1). Table 1.1: Scheduled and actual date of completion of Civil works

Scheduled date of Actual date of Chainage Contractor completion of civil completion (Taking- Remarks works over certificate date) KCC Engineering Km 310+500- 2 months and Construction June 03, 2013 August 01, 2013 Km 358+400 delay Co. Ltd. Km358+400- Kazakhdorstroy 2.5 months April 03, 2013 January 17, 2013 Km 389+400 LLP ahead

This social monitoring report reflects on the status of LARPs implementation, health and safety issues including HIV/AIDS awareness program among the construction workers, grievance redress mechanism, accidents occurred in the project and measures taken, etc.

1.4 Physical progress of project activities

1.4.1 Contract 004-KCC Km 310+500 to Km 358+600

Pursuant to Sub-Clause 8.1 of the General Conditions of Contract (GCC), the Notice for Commencement of civil works at km 310+500 to km 358+600 was issued on 17th of September 2010 by the Engineer with a timeline to complete the tasks by 03 June 2013. The Contractor couldn’t complete whole of the assigned works within the given time (Table 1.1) and finally completed the tasks on 01 August 2013. According to the sub-clause 8.7 of the Conditions of Contract, the Contractor shall pay delay damages to the Employer.

These delay damages shall be calculated from the sum (0.02% of the Final Contract Price) stated in the contract document for every day commencing from 04 June 2013 until the date to be stated in the ‘Taking-Over Certificate’ in which the maximum amount shall not exceed 10% of the Final Contract Price. Finally the taking-over certificate was issued on 01 August 2013 to KCC.

1.4.2 Contract 005- Kazakhdorstroy, Km 358+600 to Km 389+400

Pursuant to sub-clause 8.1 of the GCC, the notice for commencement of works was issued on the 17th of September 2010 by the engineer. The contractor was on site and had established a temporary office in Merke. They have completed civil works in December 2012 which is about 4 months ahead of their schedule (April 18, 2013).

The Engineer issued the ‘Taking-Over Certificate’ on January 17, 2013 with a defect liabilities period up to 16 January 2015 while the Employer will assess responsibility for general maintenance and winter maintenance works starting from 17 January 2013.

Construction works in both the contracts have been officially completed and taking-over certificate has been issued.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 10

Dohwa Engineering Co., Ltd

1.5 Reporting Period

The LARPs implementation was started in 2010 and according to the Committee for Roads all of the affected persons (APs) have been paid compensation for their lost assets. According to the ADB requirements Bi-annual report on progress of LARP implementation and compliance of social safeguards issues would be submitted to the ADB and the client. The Construction Supervision Consultants (DOHWA Engineering Co. Ltd) has been performing since December 2010. Periodic reports such as monthly progress reports, quarterly progress reports, Bi-annual reports, etc. have been submitted to the client and the ADB by DOHWA those covered all of the components including social safeguard compliance issues. This is the 7th report especially prepared on social safeguard issues focusing on the progress of implementation of the Land Acquisition and Resettlement Plans (3 LARPs) covering period from July-December 2013. Cumulative progress of the LARPs implementation up to December 2013 is also discussed in this document.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 11

Dohwa Engineering Co., Ltd

2: COMPENSATION PAYMENT FOR LAND ACQUISITION AND RESETTLEMENT

2.1 Process of land Acquisition

After the disintegration of Soviet Union, all land in Kazakhstan came under the state ownership. Kazakhstan laws and regulations regarding land and land ownership are derived from the Constitution, which states that land (surface and underground) is owned by the State, but can also be privately-owned (Article 6.3). Article 26.3 also states that no one may be deprived of property unless stipulated by a court decision. Forcible expropriation of property for public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation

2.2 Summary Impacts of the project

A total of three resettlement plans were prepared for the project including additional one (LARP-III) for three persons left out from LARP-II area. The impacts of the project on Land Acquisition and Resettlement under LARP I, II & III are summarized in table 2.1 and 2.2. It is found that under LARP I, total 157 persons were found affected while under LARP II total affected population counts for 496. Total land acquired under LARP-I is 278.62 ha of which 115.50 ha (Private 62.98 ha & Legal Entities 52.52 ha) was original acquisition and 129.15 ha additionally acquired from private or other institutions. Besides, 33.97 ha state-owned land was also used by the project that required no compensation payment. Under LARP-II, 110.256 ha (Private 45.6157 & Legal Entities 64.64) land was originally acquired and 0.415 ha land was additionally acquired for the project which is covered under LARP-III (details in table 2.2).

According to the LARP-I, the categories of losses are identified as follows:

1. Land acquisition (both private, leased and state owned) 2. Land requisition (both private and state owned) 3. Annual crops

There was no physical relocation of the households under LARP-I. Business unit or tenant contact farming were not found in the project right of way under LARP-I. Compensation for acquired and requisitioned land rehabilitation measures such as cash compensation for severely affected and vulnerable families have been measured.

According to the LARP-II, the following categories of impacts were identified-

1. Land acquisition (both private and state owned ) 2. Residential and Commercial Structure 3. Business Units 4. Annual crops 5. Trees on private land 6. Employees of shop and agricultural farm

Three land owners were left out from the main LARP-II (out of which one residential household, one business enterprises and one arable land owner) due to counting error in the office of State Scientific Production Center of Land Management of Kazakhstan. Later, these three were included in the list and paid compensation to 02 structure owners out of these three in October-November 2012. The remaining one is also paid compensation for affected assets by Road Department.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 12

Dohwa Engineering Co., Ltd

The impacts of the project on Land Acquisition and Resettlement under LARP-I & II are summarized in table 2.1. Table 2.1: Summary Impacts of the LARPs

Number/Amount LARP Part-II No. Description of Impacts LARP Part-I LARP-III (km331- (km305-km331) (Additional) km389+400) Total number of permanently affected land 1 parcels: 28 991 03 Privately-owned/leased lands Total area of land to be acquired 115.50 110.256 2 permanently (Private 62.98 & (Private 45.6157 & 0.165 (in hectares) both private and legal entities LE 52.52) LE 64.64) Total area of permanently affected 3 0 1.92 0.25 commercial land (in hectares) Total area of permanently affected State- 4 reserved lands/ village administered lands 0 53.07 0 (in hectares) 5 Total number of privately-owned lands (ha) 0 6.185 0.415 6 Total number of privately-owned trees (No.) 0 15 Total number of affected households and 28 91 3 legal entities 7 a. affected households 28 84 3 b. legal entities 0 7 0 Total number of severely affected 8 0 0 0 households and legal entities 9 Total number of vulnerable households 6 4 0 Total number of affected structures 10 0 5 2 permanent structures (clusters) Total number of households and legal 3 11 0 1 entities losing business Total number of affected workers 12 a. shop/business workers/staffs 0 12 0 b. agricultural workers 338 13 Total number of Affected persons 157 496 22

2.3 Status of Land Acquisition

2.3.1 Permanent Land Acquisition

There is no privately owned land acquired under LARP-I rather some 115.50 ha arable leased land were taken from 26 households and 2 legal entities and 33.97ha state-owned land were taken over from other government departments that caused no impact on the people. Compensation for the leased lands has been paid according to the RK laws. Later on, due to border adjustment with Kyrgyz Republic, an additional 129.15 ha land have been acquired. These lands are also belonged to above mentioned 26 households and 3 legal entities (including new one legal entity). All of these land owners have been paid compensation for their land.

Under LARP-II, a total of 45.5157 ha land comprising of 44.10 ha arable land and 1.5157 ha commercial land was acquired those are belonged to 84 households. Besides, a total of 64.64 ha

1 Eight households own/lease more than one parcel of land. International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 13

Dohwa Engineering Co., Ltd land has been acquired comprising of 64.24ha arable land and 0.40ha commercial land those belonged to 7 legal entities. Besides, under additional LARP 0.415 ha land was acquired for the project of which 0.10 ha residential, 0.25 ha commercial and 0.065 ha arable categories of land. No temporary land acquisition was required by the Committee for Roads for this road section. There were two cases pending in court out of which one person (Sansyszbay Zautbek, land 2.59 ha) has received compensation as per court verdict. But another (Nartbayev E. land 0.21 ha) rejected to receive compensation. According to RD he has no further clam.

Under additional LARP (July 2013), the compensation for the land has been determined by the independent evaluator Abdualiyev B.E. in August-September 2012 for two land owners (Mr. Nurmanov Berikbay Kuralbayevich 0.10 ha homestead land and Mr. Omarov Osimzhan Tuleuovich for his 0.25 ha commercial land) as per the new methods of valuation introduced by the Government in June 28, 2012. Compensation was paid to these two land owners in October- November 2012. The remaining one land parcel (Mr. Niyazkulov Umen for 0.065 ha arable land) is under evaluation. Nurmanov B.K has been paid compensation KZT 9,880,000 and Omarov O.T was KZT 36,632,000 for their lost land, structure and other assets. Only one (Niyazkulov U) under additional LARP is still not paid as valuation of his land is still under process. These three land owners were left out from the LARP-II area (km 331- km 389+400) those are addressed in additional LARP prepared in July 2013. Total land acquired under 3 LARPs (including additional LARP) are presented in table 2.2 below-

Table- 2.2: Loss of land by land category in three LARPs

Land category Total acquired land (ha) Total acquired land (ha) km 305-331 (LARP-I) km 331-389+400 (LARP-II & III) A. Private land Arable land 62.98 (26 hh) 44.10 (78 hh) Commercial land 0 1.5157 (06hh) Residential land 0 Sub-total A 62.98 (26 hh) 45.6157 ha (84 hh) B. Affected Legal Entities Arable land 52.52 (02 LE) 64.24 (6 LE) Commercial land 0 0.40 ha (01 LE) Sub-total B 52.52 (02 LE) 64.64 (7 LE) Total A & B 115.50 110.256 ha (26 HHs+2LE) (91 HHs+LE) C. Additional Land Acquisition 129.15 ha 0.415 (26 HHs+3LE) D. State land 33.97 ha 0 Total (A+B+C+D) 278.62 ha 110.671 ha (26 hh+3 LE) (94 hh+LE)

2.3.2 Temporary use of land

For the total road section under LARP Part I & II some land was temporarily taken by the contractor from the local people for asphalt crush, operation of batching plant, storekeeping top soil layer (TSL), road construction material (RCM), access road, etc. The land was requisitioned for the total project period (3 years in most cases).

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 14

Dohwa Engineering Co., Ltd

Apart from these lands, the contractors took land for queries from the local people for extracting gravels. Temporary land use was arranged by the Contractors/Sub-contractors with compensation being paid at current commercial rates for the period that temporary acquisition of the land is required. Necessary contract agreements have been signed between the land owners and contractors regarding extraction of gravels and restoration of the queries. Necessary permission from the concerned departments has been obtained by the contractors for extracting gravels. The contractor/sub-contractor, taken land for temporary use, are responsible to give the land back to the land owners with its’ original condition as per contract. Kazakhdorstroy LLP has completed their civil works by December 2012. That’s why dismantling of the structures from the batching plants and camp sites are done. They have handed over land to the actual owners. According to the Kazakhdorstroy LLP they have used about 20.786 ha of land by taking temporary lease from the local people for the purpose of stock piling, storage of top soil layer (TSL), road construction material (RCM) and access road maintenance and paid an amount of KZT 10,785,491 for agricultural losses (Table 2.3). Reportedly, Kazakhdorstroy LLP has also paid compensation for the affected trees on the temporarily used land (km 360+800-379+00) with an amount of KZT 1,814,881.

Table 2.3: Temporary land use for road section km 358+600-389+400 (Kazakhdorstroy LLP)

Amount of Compensatio compensa n (KZT) for Locatio Area Target/ Sl tion (KZT) transitional Contract Contact of the n of , purpose of Status # for period of conditions owners land (ha) land use standing agricultural crops losses stockpiling Annex №2 to km and storage Resolution of

372+60 of TSL, RCM Merke rayon Lands of cattle 1 3.01 Complet 176,988 0 right and access crossing ed AkТmat№363 60 m road dated maintenance 27.08.10 stockpiling "ТlemТs Batyr" LLP at the and storage Contract km 365 address: of TSL, RCM Complete 2 right 3.01 841,596 1,463,640 №К/ф/ Aktogan village, and access d 170 m ем/155 dated Kosbarmakov road 15.07.10 street, building maintenance №26 P/F "Kuan and stockpiling D" at the km and storage Contract address: Merke 369+60 of TSL, RCM Complete 3 3.1 866,760 1,507,403 №К/ф/ village, 0 left and access d ем/146 dated Muratbaev 60 m road 15.07.10 street, building maintenance №60 stockpiling P/F "Nart" at the and storage Contract km 364 address: Merke of TSL, RCM Complet 4 left 30 1.8 105,840 138,456 №К/ф/ village, and access ed m ем/152 dated Smagulov street, road 15.07.10

maintenance buТldТng №14

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 15

Dohwa Engineering Co., Ltd

Amount of Compensatio compensa n (KZT) for Locatio Area Target/ Sl tion (KZT) transitional Contract Contact of the n of , purpose of Status # for period of conditions owners land (ha) land use standing agricultural crops losses stockpiling P/F "Kerimbay" and storage Contract km 364 Commercial of TSL, RCM Complet 5 left 30 0.12 158,544 58,351 №К/ф/ dairy farm, and access ed m ем/147 dated Aitikebi street, road 15.07.10

maintenance buТldТng №5 stockpiling and storage Contract km 364 P/F "Moldyr-G" of TSL, RCM Complet 6 left 30 0.33 435,996 160,465 №К/ф/ Commercial and access ed m ем/150 dated dairy farm road 15.07.10 maintenance stockpiling P/F "olegen- and storage Contract Dat" at the km 364 of TSL, RCM complete address: Merke 7 left 30 0.49 647,388 238,267 №К/ф/ and access d village, Tole-bi m ем/151 dated road 15.07.10 street, building maintenance №9 Stockpiling P/F "Yerkenaz" and storage Contract km 364 at the address: of TSL, RCM Complet 8 left 30 0.26 343,512 126,427 №К/ф/ Merke village, and access ed m ем/149 dated Smailov street, road 15.07.10

maintenance buТldТng №21 Stockpiling Annex №2 to and storage of Resolution of km 364 0.00 TSL, RCM Complet Merke rayon 9 left 30 353 00 6 and access ed m AkТmat№363 road dated maintenance 27.08.10 Stockpiling Annex №2 to and storage Resolution of km 381 Lands of T. of TSL, RCM Complet Merke rayon 10 left 50 2.65 740,940 00 Ryskulov rural and access ed m AkТmat№363 district road dated maintenance 27.08.10 Stockpiling P/F "Dulat" at km and storage Contract the address: 353+30 of TSL, RCM Complet 11 3.01 176,988 300,000 №К/ф/ Kazakh village, 0 right and access ed ем/153 dated Abai street, 25 m road 15.07.10

maintenance buТldТng №62 Stockpiling P/F "Nurdaulet" km and storage of Contract at the address: 377+80 TSL, RCM Complet Zhanaturmys 12 3 838,800 1,458,777 №К/ф/ 0 left and access ed ем/154 dated village, Kulbarak 50 m road 15.07.10 street, building maintenance №40 TOTAL: 20.786 5,333,705 5,451,786

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 16

Dohwa Engineering Co., Ltd

Note: According to the Land Code of the Republic of Kazakhstan, Article 166. The order for damages, (Item 3) Determination of damages inflicted to owners or land users in the case of withdrawal of land lots and the amount of their compensation are set by agreement of the parties. Source: Kazakhdorstroy LLP

2.3.2.1 Rehabilitation of temporary land by Kazakhdorstroy

Kazakhdorstroy has given back all temporarily used land to the actual owners with its’ original condition after biological and mechanical rehabilitation of the lands including quarries. The temporary land used by Kazakhdorstroy is 36.756 ha including quarries. These lands are under Merke Rayon (30.746 ha) and T. Ryskulov Rayon (6.01 ha). ‘Work Acceptance Certificate’ and ‘Land Handing over Certificate’ for the lands under Merke Rayon and T.Ryskulov Rayon are attached in annex-II and III respectively with this document.

Biologically rehabilitated land, Keeping its’ original form Land under biological rehabilitation to make its original form

The civil work of KCC E&C had been completed and taking-over certificate was issued on August 01, 2013. The KCC temporarily used a total of 35.61 ha land for various purposes and paid rent to the land owners an amount of KZT 600,000 for the period of land use and additional KZT 3, 087, 468 for transitional period of agricultural losses. DOHWA, the Construction Supervision Consultants (CSC) is to ensure handing over land to the owners. According to the KCC they have used land and paid rent/compensation as under (table 2.4).

Table 2.4: Temporary land use by KCC

Compensatio Amount of n (KZT) for Sl Target compensatio Location Area transitional Contract Contact of # purpose of Status n (KZT) for o of lland (h period of conditions the owners а) land use standing agricultural crops losses Stockpiling Resolution Meeting and storage of Merke minutes of of TSL, RCM rayon peasant 1 357+750 3.5 Completed No and access Akimat farm dated road №427 dated 18.09. maintenance 29.09.2010 2010

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 17

Dohwa Engineering Co., Ltd

Compensatio Amount of n (KZT) for Sl Target compensatio Location Area transitional Contract Contact of # purpose of Status n (KZT) for o of lland (h period of conditions the owners а) land use standing agricultural crops losses 2 354+100 2.3 -Do- Completed State land -Do-

-Do- Completed KZT -Do- Dated 3 349+900 1.8 100, 000 18.09.2010 -Do- Completed -Do- Dated 4 344+800 2.0 No 20.09.10 -Do- Completed -Do- Dated 5 340+500 2.7 No 20.09.10 6 335+300 4.0 -Do- Completed State land -Do-

7 328+800 1.0 -Do- Completed State land -Do-

-Do- Completed KZT -Do- Dated 8 322+600 7.66 250, 000 18.09.10 -Do- Completed KZT -Do- Dated 9 320+200 3.45 150, 000 18.09.10 -Do- Completed KZT -Do- Dated 10 315+400 4.6 100, 000 18.09.10 Completed -Do- Dated 11 311+900 2.6 -Do- No 18.09.10 35.61 Total (KZT) 600,000 3,087,468

Source: KCC 2.3.2.1 Rehabilitation of temporary land by KCC E&C

Out of the total lands taken for temporary use by KCC for various project interventions, 8.34 ha land was taken for sub-camp (Aspara) which has been rehabilitated as per contract clause and got ‘handing over certificate’ from Regional Department of Environment, Zhambyl Oblast on December 24, 2013.

Beyond the above land temporarily used for camp site, service road, etc. the KCC used about 120.70 ha government lands for extracting gravels from five different locations (queries). KCC have rehabilitated all of the quarries as per contract. But Regional Department of Environment, Zhambyl Oblast made some observation on violation of the rules in rehabilitating of two quarries (i) Aspariskyi 2 (land quantity 20.6 ha) and (ii) Kuralas (land quantity 15.2 ha). They have handed over land to the concerned department and got hand over certificate but acceptance certificate on quarry rehabilitation was not received until December 2013.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 18

Dohwa Engineering Co., Ltd

Quarry -1 (Aspariskyi) Quarry-2, (Aspariskyi)

Quarry 3 (Kurozek) Quarry-4 (Кuralas)

Quarry-5 (Ryskulovosky)

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 19

Dohwa Engineering Co., Ltd

2.3.3 Acquisition of leased land

A total of 28 leased land owners comprising of 26 households and 2 legal entities lost a total of 115.50 ha lands permanently under LARP-I. All of them have been paid compensation for land in this section (km305-km331). But for shifting of alignment due to border adjustment with Kyrgyz Republic an additional 129.15 ha land have been acquired from the 29 land owners (previous 28 plus one company namely "Sypatai Batyr" LLP). The MOTC has determined land price for the additionally acquired land by engaging one independent evaluation company namely DALER. All of these 29 land owners have been paid compensation for their affected land by the RD, MOTC. List of the 29 land owners including their land parcels and amount of compensation is presented in table 2.5.

Table 2.5: List of owners with land parcels including additional land acquisition

No Name of AP Original land acquisition Additional land acquisition Area of Area of Acquired Compensa Acquired Compensa- total the plot area (in -tion Paid area (in tion paid owned affected ha) (in KZT) ha) (in KZT) land (ha) (in ha) 1 H-d Dzhumatayev 290 50 13.2 1,984,900 10.6 894,604 Ali 2 H-d Gasanov 19 8.4 1.58 433,160 2.03 195,669 Aladin 3 H-d Mamytov 102 102 2.59 351,390 2.31 225,266 Serikzhan 4 H-d Myktybayev 6.4 6.4 0.23 18,240 0.17 16,222 Anuarnek 5 H-d Teltayev 11.4 11.4 0.4 43,590 0.28 26,853 Kyrgyzbek 6 H-d Spankulov 9.4 9.4 0.34 21,390 0.19 18,314 Seitbek 7 H-d Belhozhayev 30.2 30.2 1.08 100,810 0.56 54,068 Baurzhan 8 H-d Sauranbayev 19.4 19.4 0.69 44,200 0.28 26,853 Gaydar 9 H-d Orazkulov 15 10.6 0.37 33,600 0.14 13,540 Ryskulbek 10 H-d Suleymanova 25 7.6 0.26 19,070 0.04 1071 Roza 11 H-d Ospanova 62 62 2.03 98,930 0.46 44,339 Kasymhan 12 H-d Raushanov 128 83.8 2.47 134,950 1.4 133,589 Asan 13 H-d Dulatbekov 246 93.8 5.66 249,300 2.7 69,273 Anday

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 20

Dohwa Engineering Co., Ltd

No Name of AP Original land acquisition Additional land acquisition Area of Area of Acquired Compensa Acquired Compensa- total the plot area (in -tion Paid area (in tion paid owned affected ha) (in KZT) ha) (in KZT) land (ha) (in ha) 14 H-d Almasov 18.87 18.87 2.01 161,490 2.13 131,430 Ashimhan 15 H-d Kerimkulov 21 14 1.41 173,610 1.66 160,541 Nurgazy 16 H-d Zgayev 46.7 43.3 0.54 17,680 0.25 807 Erlan 17 H-d Akbuzauov 51 34.6 1.15 44,850 2.08 58,637 Zharlapes 18 H-d Bakirtov 13.8 5.9 0.78 195,200 1.08 104,100 Meyrman 19 H-d Tatykulova 130 36 3.53 479,480 6.46 629,966 Kaynarkul 20 H-d Kazimov 271 88.6 7.79 1,218,660 13.22 1,280,657 Nabi 21 H-d Imashev 22.8 22.8 2.12 125,170 2.37 228,441 Askar 22 H-d Alimbekov 220 220 7.27 424,460 10.62 1,002,664 Azimhan 23 H-d Taskynov 64 30 0.3 63,530 0.3 63,530 Nurzhan 24 H-d Yeshetov 154 150 4.39 409,210 6.83 666,048 Sauytbek 25 GP “Mukashev 190 90 3.5 383,160 5.45 530,154 and Company” 26 H-d Dalibayev 34.7 21.15 0.04 737 0.04 737 Sayat 27 PK “Aspara”, G, 8110.87 5000 46.5 2,547,870 34.38 2,471,256 Miheev 28 H-d Sarsenbiyeva 35.25 36 0.75 1,207,290 3.3 321,008 Sharapathan 29 "Sypatai Batyr" 17.82 1,305,218 LLP Total 115.50 12,544,560 129.15 10,674,855

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 21

Dohwa Engineering Co., Ltd

2.4 Other impacts

2.4.1 Loss of Structure

A total of 06 households have lost structures due to project interventions of which 04 households are under LARP-II and 02 households under LARP-III (Additional LARP). According to the LARP-II, a total of 5 clusters of permanent commercial structures of different types have been affected those are owned by 4 households. Besides, two households lost structure (one residential and one commercial) under additional LARP. No structure has been affected under LARP-I. The commercial structures include residential premise, gas station with operator room, cafe, containers, toilet, canteen complex, offices, storehouse, fence, ring-well, concrete cover, etc. The residential structures consist of residential rooms, hall, kitchen, corridor including living space, etc.

2.4.2 Business Losses

2.4.2.1 Permanent loss of business

There were 04 business units owned by three businessmen located in the affected permanent structures/buildings (made of bricks, concretes, etc.) under LARP-II. Another business unit has been affected under additional LARP. No business enterprise is affected under LARP-I. Compensation for the business units has been calculated as per policy of the approved LARPs and accordingly paid to the business owners. One of the business owners Seidualiyeva Nazym had filed a case in the civil court as she was not paid compensation for business loss according to her income although she had tax certificate. As per verdict (No. 2A-288/2011) of the Appeal Judicial Panel of Zhambyl Oblast Court, dated 24 March, 2011 Seidualiyeva Nazym received payment for her land, structure and business loss with an amount of KZT 17,932,649. Remaining 3 businessmen (including additional LARP) have received compensation as determined by the MOTC.

Apart from these, one business unit including structure was impacted permanently by the project (at km 370 +200) nearer to Merke intersection (on P-2 road). Owner of the structure and business is Mr. Abdrahmanov Maksut. His total land parcel was 0.90 ha of which 0.09 ha was affected by the project and remaining 0.81 ha is still in his ownership. He got compensation for affected land (0.09 ha) but his cafe is not directly affected by the project. His cafe business was severely impacted as the traffic was diverted due to construction of intersection. The business loss was identified during preparation of the LARP (km310-km389) in December 2009. But that was not finally recognized in revised LARP (km331-km389) in March 2011. The land owner (Abdrahmanov Maksut) has brought this issue in to the notice of ADB and Committee for Roads (CoR), Taraz for resolution. He also filed a case to the court for compensation. ADB and CoR are trying to find out ways of resolving the issue. An ADB Mission led by Ms. Ruwani Jayewardene along with CoR, PMC and CSC officials visited the site on 05 September, 2013 and discussed with land owner to find solution about the impact on his business premise. According to the discussion in the meeting

1. An evaluation company (acceptable to both parties) is to be selected by 30 September 2013 for valuation of the property. Committee for Roads (CoR), Mr. Abdramanov, ADB, PMC and the valuator will discuss and agree on the methodology for valuation in accordance with ADB SPS 2009.

2. By 30 October 2013 evaluator would estimate the compensation for loss of business revenue by Mr. Abdrahmanov.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 22

Dohwa Engineering Co., Ltd

3. If the owner agrees with the amount of compensation to be determined by the valuator, CoR would conclude the agreement with him. The agreement would be signed by CoR and the complainant; and

4. By December 15, 2013 payment would be made to the owner (Mr. Abdrahmanov)

A copy of the signed agreement would be forwarded to ADB and PMC would monitor the progress of this process.

The ADB Mission also emphasized on the long pending Honey Vendors issue. It was decided that a team comprising with PMC CLG Coordinator, JSC “KazAvtoZhol” would conduct meeting with honey vendors by 30 September 2013 and would decide a location of market for honey sellers by 30 November 2013.

The actions were not taken in due course and issues are still waiting for decision. The Social Development Specialist along with CLG Coordinator (PMC) met the Akim of Merke Rayon on 12 March, 2014 (during preparation of this report) and discussed outstanding social issues of the project including Cafe and honey vendors’ issues. The Akim informed that they are willing to resolve the issue of Cafe (Abdrahmanov Maksut) as per existing law of Kazakhstan. But he expressed surprise that Mr. Abdrahmanov M. never met the Akimat people as yet to seek cooperation rather he applied to ADB and civil court for compensation. The Akim emphasized on solution of all outstanding social issues soon.

2.4.2.2 Temporary Small Business

It was discussed in detail in the Bi-annual reports (June and December 2012) a total 32 honey businessmen were identified in first LARP (December 2009) in the road section km 358+600- 378+400 as squatters. According to the ADB Safeguard Policy Statement (SPS 2009) they are entitled for compensation and other assistances irrespective of title to the land. They have been relocated by themselves at km 3 of Merke-Shu road. But this road does not carry more traffic and that’s why their business is not run well. According to them, they didn’t get compensation or any other assistance for their business. The honey vendors have complained to the GRC for resolution but still the issue is not resolved. This is long-pending issue and non-compliance with the ADB SPS 2009.

Now the MOTC along with Merke Akimat have planned to relocate the honey vendors beside the project road at km 357+00 (nearer to Merke intersection towards Almaty). During meeting with the Merke Rayon Akim (Head of Rayon or Akimat) on March 12, 2014 it is known that the Akimat has extended support to the honey vendors and selected that space in consultation with them. The honey vendors are encouraged to fill the land to make suitable for their business. It is a huge amount budget for filling the land, construction of ramps and make suitable for business. A meeting was held among the honey vendors and Community Liaison Group at Merke Akimat on 26 September 2013. It was discussed in the meeting that-

1. The honey vendors have been occupying land beside the road for business by violating road safety and traffic rules of Kazakhstan 2. A suitable place is to be provided to honey vendors for continuing their business 3. To identify a suitable location for establishing market place 4. Finalize date of relocation of the honey vendors to the market

After discussion on the above issues the following decisions were taken-

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 23

Dohwa Engineering Co., Ltd

1. Due to norms and regulations of road safety and road maintenance it is prohibited to stand or sell at bus stops.

2. Honey sellers, Department for land relations of Merke Akimat, ZhOB “Kazavtozhol” JSC, and Traffic Police made decision to visit the road and select land parcels for honey market. 3. Define the land parcel at km. 328+400 direction to Taraz-Almaty for honey market of Merke region. 4. Date of relocating honey sellers to honey market will be defined additionally after conduction an auction for land parcels km. 328+400 direction to Taraz-Almaty by Merke Akimat (Procedure for the auction takes more than 40 working days).

No decision has been taken in the meeting on the land filling cost and other associated costs to make the place suitable for business.

Detailed minutes of the meeting are attached in annex-IV of this document.

The honey vendors are agreed with this proposal and awaiting for quick implementation of the decision of the meeting. The PMC has been negotiating with the honey vendors, local Akimat and Kazavtozhol JSC, CoR, etc. for smooth execution of the relocation process. But the issue is still pending and relocation of the honey vendors is not done. It is to be mentioned that the honey vendors didn’t receive any compensation or resettlement benefits from the project for their structure and business. Relocation of them in new site is a good initiative for restoration of their livelihood which complies with ADB SPS 2009.

A list of outstanding social issues has been prepared by PMC and CSC on March 12, 2014 after meeting with Merke Akim and handed over to the Akimat for holding a meeting as soon as possible to resolve all issues pending with Akimat. The Akim informed that they will have a meeting among the Akimat officials about the outstanding issues and after that they will arrange a meeting soon with Cafe owner (Abdrahmanov Maksut), honey vendors and other concerned departments/agencies including Eurasian Bank (from where Abdrahmanov M. took loan), JSC KazAvtoZhol (Land Department), Project Management Consultants, Construction Supervision Consultants, etc. He ensured quick solution of all outstanding social issues.

2.4.2.3 Employment Loss

A total of 12 shop workers and 338 agricultural workers were identified during socioeconomic survey in 2011. According to the policy of LARP (March 2011) the shop workers are entitled for 3 months wage @ KZT 13,470 per month. These include cooks, waiters, sellers, servants, administrative staff, guards, etc. But list of these workers is not enclosed with the LARP.

An additional 338 agricultural workers were identified during the supplemental assessment conducted in August 2009. Considering project impacts on agriculture during preparation of final LARPs (LARP I, II) in 2011 these 338 agriculture workers were not considered affected as there is no significant impact on their cropping field and therefore compensation budget was not prepared.

According to the KazAvtoZhol, workers of shop are not available in their office documents as there are no names in the LARP and that’s why they couldn’t pay any compensation to them.

It was suggested in the previous monitoring reports to conduct a ‘tracers study’ as per MIS data of the LARP to find out the workers of shops and pay resettlement benefits as per policy and budget of the LARP. But it is not done and finally these workers have not been paid resettlement benefits

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 24

Dohwa Engineering Co., Ltd as per policy. As the project impact on the agricultural farmer is not significant and not enlisted in the LARP or in office of the Road Department, so their entitlements may be ignored.

2.5 Overall Progress of LARPs implementation

According to the Committee for Roads most of the affected people have been paid compensation for their affected lands and other properties. Some of the issues are not yet solved due to grievances or civil suits pending in court. According to the KazAvtoZhol, Taraz, all of the land owners have been paid compensation for their land some heads of compensation have not paid at all i.e. wage laborers, vulnerable households, relocation assistance, etc. According to the CoR, the reasons behind nonpayment of compensation and benefits are (i) fund was not available for resettlement assistance or (ii) APs did not appear before the CoR, etc. It is known that there is no NGO or any agency to assist APs to make aware of their right and entitlements as per LARP. The affected structure owners under LARP-I, II and additional LARP have received compensation. All of the business enterprises have been paid for loss of business. Head wise budget and compensation payment status including reasons for non-payment are presented in table 2.6.

Table 2.6: Summary progress of payment of compensation and other benefits

Approved Remarks Paid Amount SL. Budget (KZT) All ( Reasons, if Particulars/Items up till date No (LARP-including payment not made (KZT) Additional LARP in any category) 1 Compensation for Land and

allied A Private Owner 48,420,374 48,420,374 B Legal Entity 24,129,343 24,129,343 2 Compensation for leased Land 38,670,879 38,670,879 - 3 Additional compensation for Affected severely affected HH ( >10% of households losing land) - - more than 10%, lands were not identified 4 Compensation for structures 20,321,266 20,321,266 - 5 Compensation for business 26,509,426 26,509,426 - income losses 6 Compensation for Rural Worker 12 shop workers (Business workers) were identified by - - LARP-II but no one appeared during LARP implementation 7 Compensation for expenses related to Land Development 749,594 749,594 and Obligations to Third Parties

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 25

Dohwa Engineering Co., Ltd

Approved Remarks Paid Amount SL. Budget (KZT) All ( Reasons, if Particulars/Items up till date No (LARP-including payment not made (KZT) Additional LARP in any category) 8 Relocation assistance & one Due to lack of month livelihood expenses (as livelihood and per LRRP-I, II and Additional) relocation - - assistance budget, compensation was not made 9 Assistance to Vulnerable AP's 67,565 67,565 - 10 Re-registration of AP's There is no re- remaining plots. registration documents - - provided for the remaining lands by affected persons during relocation 11 Compensation for temporary Calculation of Impacts compensation for - - temporary impacts was not defined 12 LAR Administration / Implementation including - - - internal monitoring by CR/CSC 13 External Monitoring - - - Total 158,868,447 158,868,447 - Contingency (10 % of LARPs - - No Contingency Budget) Grand Total 158,868,447 158,868,447 - Source ZhOB “KazAvtoZhol” JSC, Taraz

The above information on payment of compensation will be updated during preparation of the final report in November, 2014.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 26

Dohwa Engineering Co., Ltd

3. MONITORING DATA COLLECTION

The affected land owners, structure & business owners and other affected people are mostly paid compensation and resettlement benefits as per Kazakhstan law and policy of the LARPs except civil suits, additionally acquired land and shop workers. Only 04 business units (owned by three businessmen) were affected by the project under LARP-II those have been paid compensation. Apart from these one business unit was also affected under additional LARP which was paid compensation as per policy and budget. The land losers (both private and leased land) were also paid compensation for their land parcels according to the policy. A monitoring survey has been planned to conduct among 20% of the affected people through a simple monitoring questionnaire following ADB guideline to obtain their opinion about the project, compensation payment, changes in lifestyle and standard of living due to project, etc.

The respondents will be selected through random sampling from the list of affected people under LARP I, II and additional LARP. The local Akimat was contacted by the Social Development Specialist to provide whereabouts of the affected land owners and other affected people. As the residence of the land owners are in distant places, so assistance was sought from the Akimat to find out address of them. The Akimat (Merke) assured to provide support to find out the selected land owners (20% of the total through random sampling) from the villages. But due to changes in Akimat Administration they couldn’t provide support to CSC survey team. The new administration has been communicated again to provide support to collect address of the affected people for conducting monitoring survey. Hopefully the monitoring survey will be conducted in April 2014 and result of the survey will be reflected in the Final Social Monitoring Report scheduled to be prepared in November 2014 as per letter of PMC No. TL/DC/General/1507/2014 dated January 27, 2014. It is to be mentioned that the DOHWA (CSC) will be continuing their service until end of 2014 as per revised amendment. A project performance monitoring report (PPMS) is to be prepared by DOHWA at the end of their tenure of contract. This PPMS report will also commence in November 2014. A sample of questionnaire to be used for conducting monitoring survey is attached in Annex-1.

3.1 Scope of Monitoring

The scope of the monitoring comprises the following:

i. Review and verify periodic reports prepared by the Contractor and Consultant ii. Review the socioeconomic baseline census information and impacts of the project as per LARPs iii. Identify and select impact indicators; iv. Consult APs, executing agency officials, community leaders for preparing review report; and assess efficiency, effectiveness, impact, and sustainability of the resettlement to draw lessons for preparation and implementation of future resettlement planning documents

The monitoring was conducted based on (i) the procedures and guidelines of ADB as set out in the SPS 2009; (ii) relevant laws, policies, and regulations of Kazakhstan; (iii) Land Acquisition and Resettlement Plans of the Project; and (iv) the general principle that AP’s livelihood should be better or at least maintain their living condition as before the project.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 27

Dohwa Engineering Co., Ltd

3.2 Methodologies adopted during monitoring

During preparation of this Social Monitoring Report ZhOB “KazAvtoZhol” JSC, Taraz, was consulted and obtained updated information on payment of compensation and other benefits under LARP- I, II and additional LARP. The Social Development Specialist also met officials of ADB, MOTC, ZhOB “KazAvtoZhol” JSC, PMC and NESPUR (monitoring NGO) in Taraz on March 06 2014 during preparation of this report and discussed about progress of LARPs implementation. Besides, the following methods were adopted during preparation of this document . Reviewed secondary sources available in connection with the project such as monthly and other periodic reports prepared by consultant and contractors. . Policy of the LARPs, land acquisition laws and practices in Republic of Kazakhstan, LARP implementation schedule and actual implementation period, previous report, documents of the project and other available secondary sources were taken into account to update the information. . The business owners (permanently and temporarily impacted) especially the cafe owner Mr. Abdrahmanov Maksut (at km 370 +200) nearer to Merke intersection (on P-2 road) who made complaints to GRC, ADB and MOTC for compensation. . Meeting with Merke Rayon Akim about honey businessmen and Cafe issue for quick resolution of the outstanding social issues. . Grievances on the payment of compensation, entitlement and other social & environmental issues were considered.

All of the information taken from different institutions and persons has been considered in preparation of this document.

3.3 Monitoring indicators as per LARP

The LARPs contain monitoring indicators and timeline that was agreed by the ADB once the LARPs are concurred by them. According to the updated information on LARPs implementation as provided by Committee for Roads most of the issues have been resolved except a few grievances such as honey vendors issue, Cafe in Merke (Abdramanov Maksut), etc. Process of grievance resolution is still going on and it would be continued until end of the project. The monitoring format adopted in the LARPs with present status of compliance is as under (table 3.1).

Table 3.1: LARP Implementation Monitoring Indicators Purpose Activities Monitoring Indicators Present Status Identification Checking the list of Number of persons in the of compensation recipients list of compensation All APs identified compensation against eligibility criteria for recipients, who do not and paid by RD, recipients compensations meet eligibility criteria MOTC except some (mistaken inclusion) APs who’s land is Identification of persons, who Number of persons who not yet evaluated or may claim eligibility to meet the criteria, but are legitimate grievance compensation, but are not not included in the list of pending. included in the lists of compensation recipients compensation recipients. (mistaken exclusion) Separate check should be performed on each type of compensation

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 28

Dohwa Engineering Co., Ltd

Purpose Activities Monitoring Indicators Present Status Controlling Confirmation of temporarily or Area of land subjected to Compensation has types of permanently affected areas temporary acquisition, for been paid for compensation against the LARPs which compensations temporary acquired have been paid land Area of land subjected to Compensation has permanent acquisition, to been paid to all Land which compensations owners except have been paid Niazkulov under additional LARP whose evaluation is yet to do. Controlling Examination of financial Number of persons who 91 land owners compensation documents received compensation in under LAPR-II have time and in full amount, been paid. More disaggregated by two APs under compensation types additional LARP are paid. Identification and analysis of Number of persons who All are paid reasons for compensations not did not receive compensation being paid in full amount and compensation in time and in time. in full amount, is aggregated by compensation types. Amount of funding Fund is available in allocated for payment of RD as required for compensation. payment Identification of reasons for Rate of spending of funds Compensation for which funds for compensations allocated for wage laborers of have been under/overspent compensation, % of shop has been amount envisaged in the provisioned in the LARP LARP and budget is available but not paid Additional Monitoring time limits of Number of persons whose Temporary land Compensation temporary land acquisition plots temporarily acquired acquisition was and needs to be extended done for 33 months Area on which in KCC area (km construction works will be 310-358) and 31 continued after the months in KDS established deadline. area (km 358-389). Kazakhdorstroy LLP work has been completed within this period. KCC works were completed after 2 months of scheduled date (01, August instead of

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 29

Dohwa Engineering Co., Ltd

Purpose Activities Monitoring Indicators Present Status 03, June 2013). Household Follow up socio-economic Changes in household It will be done after impact survey of affected households income/livelihood completion of the (income (3 months after project restoration) implementation of LARP) Consultation Determining the level of Number of compensation and involvement and identification recipients who Data is not participation of reasons of inadequate participated in available participation consultations and coordination meetings at each stage of land acquisition Analysis of disputes and Number of complaints 57 complaints content. Resolution Number of complaints 54 of conflicts fully resolved

3.4 Effectiveness of Resettlement Planning

The land acquisition and resettlement plan (LARP) was prepared in December 2009 for the total area (km 310-km 389) by addressing most of the issues relating to the project. But due to Border adjustment with Kyrgyzstan two resettlement plans were prepared in March 2011, one for km 305- 331 and another for km331-389. According to the LARP December 2009, there were 43 road side honey vendors in km 310+600-km 389+400. There was a policy in the LARP (December 2009) with a provision of payment of compensation to the honey vendors. But in the updated LARPs these honey vendors are ignored. According to the ADB Safeguard Policy Statement (SPS 2009) Involuntary Resettlement Safeguards (Policy principles) - “ensure that displaced persons without title to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for non-land assets”. Following the SPS 2009, the affected honey vendors are to be paid compensation and other assistances for their affected structures and business.

According to the LARP data, it is revealed that 12 wage laborers of the affected shops and 338 agriculture laborers will lose their means of livelihood due to the project. But list of such wage laborers is not included in the LARPs. This is why Committee for Roads couldn’t make any payment to them. According to the LARP, no significant impacts have been found on the agricultural workers due to the project. So, they may be ignored in terms of payment of compensation. But, a tracers study may be required to find out the shop workers as the shops are dismantled and their source of livelihood is hampered.

According to the LARP the ZhOB “KazAvtoZhol” JSC, pay compensation to the affected people directly. There is no provision of engagement of any non-governmental organization (NGO) of consulting firm to assist the ZhOB “KazAvtoZhol” in this respect. Only Independent Valuation Company has been engaged to determine replacement value of the affected properties. In most cases affected people cannot communicate with the Committee for Roads directly rather they talk to the Local Akimat (village administrative unit) about land acquisition and compensation issues. It is evident that theA full time NGO/ Community Based Organization (CBO) or consulting firm would effective in smooth implementation of the LARPs.

During preparation of the LARP- I and II, some three land owners were left out from the LARP II

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 30

Dohwa Engineering Co., Ltd

area. An additional LARP was prepared for these three land owners in June-July 2013. Out of these three, two land owners have lost structures (one residential and one commercial) and another only lost agricultural land. The first two have been paid compensation for lost assets but the third one is still remained unpaid.

The LARP-II (March 2011) did not recognize loss of business of the Cafe (owned by Abdrahmanov Maksut) nearer to Merke Intersection (on P-2 road) though this cafe was indirectly affected due to project road. In the first RAP (Dec 2009), this issue was discussed including loss of business. But final LARP–II (km 331-389+400) only covered land (0.09 ha affected out of 0.90 ha). But Mr. Abdahmanov has claimed compensation for his total asset (land, structure and business) as his business is closed due to the project interventions.

3.5 People’s complaints

Due to construction of the project road some local people/communities have been facing problems to get access to their cropping field, houses, shops, etc. Complaints on blocking of water supply system, cattle crossing problem were also submitted to Committee for Roads by the local people as grievance. Most of these impacts have been mitigated but few are still pending. Details of the grievances and mitigation measures have been described in section 4 of this document.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 31

Dohwa Engineering Co., Ltd

4: REDRESS OF GRIEVANCES

4.1 Grievance Redress Mechanism

A grievance redress committee (GRC) has been functioning as per guideline of the LARF and LARPs under Tranche-2. According to the LARPs all complaints will be received through the staff of the Akimats of T. Ryskulov or Merke, the Zhambyl Committee of Roads or the Project Management Consultants. Grievance Focal Points have been designated at these levels to receive, help resolve, report or forward complaints received from APs and the general public. The following are the Grievance Focal Points designated for the Subproject: a. Deputy Director, Zhambyl Oblast Branch b. Vice Akim T. Ryskulov Akimat c. Vice Akim Merke Akimat

According to the steps for redressing grievances as prescribed in the LARP the total time required to redress grievances in maximum 7 weeks time period at four levels. At village level the grievances are to be redressed within one week, if not resolved, referred to Raion level and within two weeks these are to be resolved. If it is not resolved at Raion level the cases would be referred to the Zhambyl Oblast but the Zhambyl Oblast has to resolve the issues within two weeks. If not resolved the cases are to be referred to Committee of Roads/PMC and the PMC will have two weeks time to resolve. If the cases are not finally resolve in focal points stages the cases will be presented to the court. The court will finally give verdict as per legislation of the Republic of Kazakhstan. The following steps of redressing grievances have been prescribed in the LARP.

Table 4.1: Steps of redressing grievances

Levels/Stages Responsibility Steps of redressing grievances Village-level Head of Local Self Registers the complaint and attempts to solve it. If Government complaint is not resolved in one week, it is passed to the Rayon Akimat for resolution. Rayon-level Vice Akim, Receives the complaint, registers it and attempts to Grievance Focal resolve it. If there is no resolution in 2 weeks, it is Point Akimat passed to the Zhambyl Roads Department Zhambyl Oblast Deputy Director, Receives the complaint and attempts to resolve it. If Zhambyl Oblast there is no resolution within 2 weeks, it will be passed Branch to the Grievance Focal Point at the Committee of Roads Committee of Grievance Focal Receives the complaint and coordinate with the Roads/PMC Point concerned units or agencies to find timely solution. If there is no resolution within 2 weeks, the case will be presented to a Kazakh court and resolved according to Kazakh’s legislation. Court Oblast court Hears the case and renders decision.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 32

Dohwa Engineering Co., Ltd

4.2 Observation on grievance resolution

A total of 57 different categories of grievances have been placed before the grievance redress committee by 53 aggrieved persons/groups/communities as of December 31, 2013 from the date commencement of the project. Out of 57 grievances 8 grievances found under LARP-I (km 305- km331) and remaining 49 grievances under LARP-II (km 331-km389). No grievances so far placed before the GRC from Depot area or under additional LARP. Out of the total grievances under both LARPs, 54 grievances are resolved and three grievances are still pending as of December 2013. Considering period of submitting grievances, about 64.91% (37) grievances were submitted by 34 persons/groups/communities up to June 2012 of which all are resolved. It is found that 28% (16) of the total grievances (57) have been received during July–December 2012 from 15 persons/groups/communities of which only 01 grievance (Honey vendors issue) is not yet resolved. During January to June 2013, 4 grievances have been received from 4 persons by GRC from which 2 grievances are still to resolve (see table 4.2). No grievances have so far been received after June 2013 and there is no grievance under additional LARP.

Table 4.2: LARP wise number of grievances received and resolved

LARPs Grievance period No. of aggrieved No. of Status of grievance persons/groups/ grievances resolution (in No.) From To Communities Resolved Not resolved LARP-I From the Up to June 7 8 8 0 (km 305-331) inception 2012 LARP-II From the Up to June 27 29 29 0 (km 331-389) inception 2012 LARP-II July 2012 December 15 16 15 1 (km 331-389) 2012 LARP-II January June 2013 4 4 2 2 (km 331-389) 2013 Total 53 57 54 3 Note: Numbers of grievances are counted exclusively (issue wise, not person wise)

Details of the grievances are attached in annex-3 in a matrix form.

Only 3 grievances out of 57 issues are yet to resolve as of December 2013. There is no grievance received during reporting period (July to December 2013) in Tranche-2 area. Among the 03 pending grievances, Honey vendors issue is about to be solved as the Akimat is trying to find alternative location for the honey business men. A meeting was held on this issue at Mеrke Akimat on 26 September and decision taken to resolve the issue soon. Other two cases have been appeared in June 2013 from which one is about the impact of the project on Cafe business of Abdrahmanov Maksut at PK 370 (near Merke intersection). The ADB and MOTC are trying to resolve the issue but no solution, acceptable to both parties, have been found out. Remaining one received from local people about repairing of local road of Batyr and Kenes village. The Contractor (KCC) has repaired the road by leveling and potholes repairing in September –October 2013, but the Local Akimat did not accept the work and they demanded new asphalt road. The contractor’s working period has been expired and they received taking-over certificate in August 01 2013. They are not now in a position to do this repairing work more. Therefore these two issues are partially resolved. International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 33

Dohwa Engineering Co., Ltd

5. HEALTH AND SAFETY

5.1 Accidents occurred in the project

Civil construction in all sections of the project road has been completed on 1 August 2013. Only construction works in Depots are going on. According to the project records (provided by the contractors), total 07 accidents were happened in the project area as of December 2013 of which 04 accidents were happened up to June 2012, one accident was recorded from July 2012 to June 2013 and two accidents from July 2013 to December 2013.

Accidents occurred in July 2013 to December 2013

Two accidents were taken place in July 2013 in the project (Tranche-2) under KCC contract area (km 310-358+400).

a. On July 03, 2013 approximately at 2.00 pm one car moved to shoulder and made self over turning that caused injuries of 5 persons including 4 passengers (01 male 03 female) and driver. Among the passengers 3 were children within age between 02 years to 07 years old. All of the passengers including driver were seriously injured and taken to the hospital. All of the passengers are family members and they came from Astana.

b. On July 31, 2013 at about 00.20 am (mid night) a car got accident at km 331+600 with three passengers (including driver). The car moved in to a ditch and the driver was spot dead while other two passengers were seriously injured. They were taken in to Merke Region Central Hospital. All of the passengers of the car were from South Kazakhstan Oblast.

Follow up: As these two accidents were occurred by the driver themselves and not related to the project work, so further information was recorded neither in Contractor’s office nor at Consultant’s.

Accidents occurred in July 2012 to June 2013

There was only one accident occurred during July 2012–June 2013 in the KCC working area which was happened by the driver of the sub-contractor. A bull Dozer got accident on January 22, 2013 that caused live of the driver. A report was prepared on that accident and the CSC had written a letter to the KCC on January 23 to follow the clauses 6.4 and 18.4 of the GCC to provide the proper compensation and insurance to the family of the deceased. The KCC replied that the accident was occurred by Sub-contractors’ driver and for this they didn’t pay compensation.

Follow up: No compensation was paid to the victim and no record maintain in the contractor’s (KCC E & C) office as this was not done by them.

Accidents happened up to June 2012 from the date of commencement

There were more 4 accidents reported in May-June 2012 that caused deaths and injuries of the drivers and local people.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 34

Dohwa Engineering Co., Ltd

The accidents so far occurred within the month of May and June 2012 in Contract 004 (KCC E & C area) and the follow up are as under:

a. May 29 2012 at around 5:00AM, an accident was occurred at the Contractor’s (KCC E&C) Concrete Batching Plant near Aspara. Reportedly, the victim (local) was cleaning the drum mixer when the plant operator (inside the control room) accidentally dropped a drinking cup on the OPEN button that eventually operated the drum mixer. The left foot of the victim was caught by the rotating mixing paddle causing serious injury.

Follow up: KCC has spent all of his treatment costs. Compensation was paid an amount of KZT 3,000,000 by KCC. Besides, KCC paid as help on humanitarian ground from their own KZT 180,000. The injured person’s has life insurance coverage and ultimately he will receive an amount of the said 3 million KZT. KCC has paid this 3 million KZT from their own with a condition that after getting it from insurance company they will recover it. The amount is not yet received from the insurance company.

b. On June 13, 2012 at around 9.40 AM, one Contractor’s dump Truck overturned at km 334 due to malfunction of steering wheel. Neither injury to the driver nor damage to properties has been reported.

c. A fatal vehicular accident occurred on June 19, 2012 at around 5:37 PM on the road between Merke and Chaldovar (6.2 km from Kyrgyzstan border gate) involving one Contractor’s dump truck who collided head on with a taxi cab with four passengers (including driver) on board. All passengers died on the spot. The Police investigation report revealed that the dump truck driver was driving under the influence of alcohol. The accident was occurred by the Sub-Contractor’s driver.

Follow up: According to the contract document, in case of any such accidents the person who is responsible for accidents, will be liable for compensation (as reported by the KCC Deputy Chief Engineer). Reportedly no compensation has yet been paid to heirs of died persons.

d. A fatal accident occurred in the midnight of June 30, 2012 at the Contractor’s concrete batching plant near Aspara. The victim, a local driver of cement bulk tank carrier truck was reportedly trying to tighten the manhole steel cover of the cement (pressurized) tank when it unexpectedly opened hitting the body of the driver. The victim died instantly due to severe injuries on his vital organs.

Follow up: A total of KZT 620,000 has been paid to the heirs of the dead persons from KCC. The dead person had life insurance and his heirs may be entitled to have KZT 1,600,000 from Insurance company. The amount is not yet paid by Insurance.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 35

Dohwa Engineering Co., Ltd

6. CONCLUSION AND RECOMMENDATION

6.1 Conclusion

The Committee for Roads (CoR) of the Ministry of Transport and Communication (MOTC) of Republic of Kazakhstan, has been implementing LARPs and paying compensation and other resettlement assistance following the guideline of LARP and LARF. The implementation is on progress and almost all entitled persons have been paid compensation for land structure and business under LARPs. No case is pending in court regarding land ownership or compensation. Only one payment is still due under additional LARP i.e. land of Niazkulov is not yet evaluated by the independent evaluator. Social Development Specialist me the ZhOB “Kazavtozhol” JSC officials during preparation of this report and got updated information from them on payment of compensation under all three LARPs. It is revealed that the ZhOB “Kazavtozhol” JSC, Taraz didn’t pay resettlement benefits such as assistance for vulnerable households, relocation assistance, assistance for wage laborers, etc, although there is budgetary provision in the LARPs. The reasons behind non-payment in these heads are unknown and no clear explanation has been given by CoR about non-payment. The only reason is known that the people didn’t appear before the CoR for payment of such resettlement benefits. It is a shortfall of the LARP implementation procedure that there is no intermediary institution to assist affected persons about their right and entitlement as per LARP. The land of Mr. Niazkulov U. under additional LARP will be evaluated soon and payment will be made as informed by the Branch. Physical work of the road in all sections has been completed though Kazakhdorstroy LLP has finished their work about 4 months ahead of the schedule and handed over road to the MOTC in December, 2012. Certificates on land handing over to the actual owners with its’ original condition is obtained from the concerned department by the Kazakhdorstroy LLP (Attached in Annex-II). Physical works in km 310-358 (KCC E & C) was scheduled to be completed by June 2013. But it was officially completed on 1 August, 2013 (2 months delay of their schedule). Private lands temporarily used by the KCC was handed over to the original owner with its original condition. About the Quarry land (5 quarries) of KCC, they have rehabilitated these quarries but didn’t receive work acceptance certificate from the concerned department until December 2013 due to some violation in two quarries (i) Aspariskyi-2 & (ii) Kuralas

The permanent impact of the project on a Cafe shop in km 370+200 is now an important issue. He has been paid compensation for affected portion of his land (0.09ha out of 0.90 ha). But his Cafe business is closed due to diversion of the road. ADB, CoR and Merke Rayon are trying to resolve this soon. But land owner did not appear before the Merke Rayon by any time for seeking cooperation from them for resolving the problem. He is encouraged to find alternatives to use his remaining land for other income generating activities. Temporary business owners (honey vendors) and shop workers are not yet paid compensation and other resettlement benefits. The honey vendors have been displaced from their previous location (Almaty-Taraz road) and waiting for a suitable location for reestablish their business. A meeting was held among the Community Liaison Group and Honey Vendors on 26 September 2013 and decided to provide a suitable location for their business. But it is not decided who will bear land filling and other associated costs to make the place suitable for running business. According to the ADB SPS 2009 every affected person irrespective of title to the land would be paid compensation and assistance. It’s good that Merke Akimat and other concerned departments have considered the honey vendors issue and have planned relocate them in a suitable location alongside the project road.

The affected people including physically displaced structure-owners are to be consulted with questionnaire for monitoring and evaluation of changes in their income level and standard of living,

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 36

Dohwa Engineering Co., Ltd attitude towards the project, impacts of the project in their daily life and as well as local and national economy, etc. A questionnaire has been developed in this regard and the survey would be conducted in May-June 2014. The result of the survey will be reflected in the final report to be prepared in November 2014.

Grievance redress mechanism has been functioning as per LARPs. Only 3 grievances out of 57 are pending as of December 2013. Out of these 03, two cases are partly resolved (Honey vendors and road repairing at Kenes-Aspara road) and these are required quick solution.

6.2 Recommendation

The next review of LARP implementation and preparation of final social monitoring report will commence in November 2014 by the Social Development Specialist (International). Meanwhile, the monitoring survey among the 20% of the affected people (selected through simple random sampling) will be conducted using a monitoring questionnaire attached with this document. Local Akimat has been contacting for last few months to extend support and provide the address/location of the affected people. Letter has been written to the Merke Akimat enclosing list of the affected people with request to provide assistance to consult the people and conduct survey. The outstanding issues relating to payment of compensation and grievance resolution would be updated by keeping liaison with CoR and local Akimat. The following issues are to be taken care of for smooth implementation of the LARP

i. Keep liaison with the CoR Taraz regarding issues relating to compensation for land under additional LARPs ii. Conduct survey with the land owners and affected persons using the questionnaire attached with this document iii. Grievances received from the aggrieved people and community are to be resolved fully

iv. The compensation for the land and other properties (structure, business) are paid but resettlement benefits such as relocation assistance, vulnerable assistance and loss of livelihood of the workers, etc. are not paid though LARPs have specific guidelines and budget.

v. The honey vendors should have a suitable place for running business. The meeting held on 26 September 2013 does not mention about the cost of land filling and construction of access roads to the business site. This issue is also to be settled with Akimat and honey vendors.

vi. Mr. Abdrahmanov Maksut (the Cafe owner at km 470+200) may be requested to keep close contact with Merke Akimat to resolve his issue. He may also be encouraged to find alternative ways how to use his remaining land and existing structure in better way.

.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 37

Dohwa Engineering Co., Ltd

Annex-I: Monitoring Survey Questionnaire

Western Europe-Western China International Transit Corridor Zhamby Oblast (Km 305 - 389+400)

Implementation of the Land Acquisition and Resettlement Plans

Monitoring survey questionnaire on LARPs implementation Location/Chainage………………………………………….

1. Name of the Affected Person

2. Father/Husband’s Name

3. Household members: Male…………………Female ………………………Total ………………………….

4. Address 4.1 Previous (before project) ………………………..……………..……………………………………………………… 4.2 Present …………………………..……………..……………………………………………………………

5. Occupation 5.1 Previous occupation …..………………………………………………………………………………………………… 5.2 Present Occupation ……………….………………………………………………………………………………………

6. Monthly income (in KZT) 6.1 Before project ……………………………………………………………………………………………………… 6.2 After Project ………………………………………………………………………………………………………

7. Whether he/she was consulted about the project and informed about entitlements as per project policy …………………………………………………………………………………………………………… ………………………………… 8. Quantity of land lost for the project (in ha……………..private/leased/temporary) under LARP I / II/additional ( )

9. Whether he/she received compensation for lost assets? Yes No 9.1 If yes; Total amount of compensation in KZT ……………………… Compensation received KZT…………………..…. Date of receipt of compensation……………...... 10. In case of residential/Commercial structure is affected; Was he/she consulted by any official about displacement? Yes No

10.1 Whether he/she received compensation for the affected structure/business? Yes

No

10.2 Where does he/she want to be relocated or already been relocated? (In case of structure loss)

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 38

Dohwa Engineering Co., Ltd

a) On remaining portion of affected land plot b) On another land plot (owned) in same village/community c) On land plot (Purchased) in same village/community/cities 10.3 Does he/she feel that the amount received/estimated for the land and structures is sufficient to purchase a new land and construction of house? Yes No

10.4 If no, why?......

...... 11. Whether the compensation amount/benefit is adequate according to your lost asset or not Yes No

11.1 If no, please mention reason……………………………….....………..……………… ……………………………………………………………………………………………………… …………………………… 12. How does he/she plan to utilize or already utilized compensation money?

a. Land purchase b. business promotion c. others ………………………………………………………………… 13. What does he/she feel about his/her present economic and social condition? Better off=1, or As previous =2, or Worse off=3 If worse off, why?......

14. Whether he/ she or any of his/her family members have been employed in project work? 14.1 Yes No If yes details of the position……………………………………………..and salary…………….KZT

15. Do you think that the communication system will be more developed/already developed due to the project? 15.1 If yes how? ......

15.2 If no why? ………………………………………………………………………………………......

16. Whether land price in the project area has been increased due to the project or not?

17. Anything to say about the project/payment procedure/compensation amount/dealings of the officials, etc …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………….…

Signature of the interviewer and date ………………………

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 39

Dohwa Engineering Co., Ltd

Annex II: Temporary Land Handover Certificate

Handover Certificate

Rehabilitated lands temporary occupied for quarry of loam "Land lot №3" situated at the boundaries of Merke rayon in Zhambyl oblast connected with reconstruction of the motor road "Almaty-Korday-Blagoveshenka-Merke-Tashkent-Termez" (road section km 358,6-389,4)

Merke rayon November 21,2012

Commission represented by: Merke rayon Akimat Head of Land Relations Department R. Ospankulov

Department for ecology of Zmabyl oblast Regional inspector T. Smagulov

Zhambyl rural district Akim M. Kokrekbaev

PF "Abdukarimov" A. Abdukarimova

ZB of "Kazakhdorstroy" LLP Project Manager M.N. Kadyrov

Conducted the survey of land lot for mining of loam, deposТt "Land lot № 3" wТtС total area 13,3 ha. and site of access road to the quarry with total area 2,67 ha. provided for temporary short-tТme land use by tСe order of AkТm of Merke rayon of Z Сambyl oblast № 529 dated 11.11.2011, resolution of Zhambyl rural dТstrТct AkТmat of Merke rayon of ZСambyl oblast № 106 dated 28.11.2011 and order of ZСambyl oblast AkТmat № 122 dated 26.04.2012. For location of: -quarry of deposТt "Land lot №3" wТtС total area 13,3 Сa.; - access road with total area 2,67 ha.;

The commission made this certificate on the following: 1. ZB of "Kazakhdorstroy" LLP has performed works for rehabilitation of destructed lands for above-mentioned sites provided for temporary short-time land use in order to return the lands to their previous owners consisting of the original grounds: 1. plough land - 13,3 ha.; 2. pasture - 2,67 ha.;

2. The following documents were submitted: - Order of AkТm of Merke rayon of ZСambyl oblast № 529 dated 11.11.2011; - ResolutТon of ZСambyl rural dТstrТct AkТmat of Merke rayon of ZСambyl oblast № 106 dated 28.11.2011;

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 40

Dohwa Engineering Co., Ltd

- order ofZСambyl oblast AkТmat № 122 dated 26.04.2012; - Identification documents for land lots; - Work acceptance Certificate for land rehabilitation; № Cadastral № Area, ha i/o 1 06-092-020-116 13,97 2 06-092-022-311 2,0

Total 15.97

3. There were no deviations from norms during the process of rehabilitation. 4. Conclusion of commission: Works on rehabilitation of lands temporary occupied for quarry of loam "Land lot №3" and access road sТtuated at tСe boundarТes of ZСambyl rural dТstrТct of Merke rayon Тn Zhambyl oblast connected with reconstruction of "Almaty-Korday-Blagoveshenka-Merke- Tashkent-Termez" motor road (road section km 358,6-389,4) were executed in compliance with normative, legislative norms and rules.

The commission considers that rehabilitated lands are suitable for subsequent agricultural use in the content of the previous lands. Rehabilitated lands are handed over to the previous land users of Merke rayon.

R. Ospankulov

T. Smagulov

M. Kokrekbaev

A. Abdukarimova

M.N. Kadyrov

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 41

Dohwa Engineering Co., Ltd

Contd. Annex-II: Handover Certificate

Handover Certificate

Rehabilitated lands temporary occupied for construction sites situated at the boundaries of Merke rayon in Zhambyl oblast connected with reconstruction of the motor road "Almaty- Korday-Blagoveshenka-Merke-Tashkent-Termez" (road section km 358,6-389,4)

Merke rayon November 21,2012

Commission represented by:

Merke rayon Akimat Head of Land Relations Department R. Ospankulov Department for ecology of Zmabyl oblast Regional inspector T. Smagulov T. Ryskulov rural district Akim S. Yessenov PF "TylemysBatyr" B. Zheksembiev PF "Kuan and D" D. Moldagulova PF "Nart" K. Nartova PF "Kerymbai" K. Beksultan PF" Moldyr G" A. Abdukarimov PF "Toleget-Dat" Zh. Seitov "Arna" LLP K. Burkitbaev

ZB of "Kazakhdorstroy" LLP Project Manager M.N. Kadyrov

conducted the survey of land lots with total area 14,775 ha provided for temporary short-time land use by tСe order of AkТm of Merke rayon of ZСambyl oblast № 363 dated 27.08.2010 for location of

-sites for accumulation in amount of 5 pcs with total area - 14,776 ha The commission made this certificate on the following: 1. ZB of "Kazakhdorstroy" LLP has performed works for rehabilitation of destructed lands for above- mentioned sites provided for temporary short-time land use in order to return the lands to their previous owners consisting of the original grounds: 1. plough land - 9,96 ha; 2. pasture - 4,816 ha;

2. The following documents were submitted: - acts for right of temporary short-term land use for above mentioned sites (copies) according to the specified list; - Completion Certificate for land rehabilitation; № Т/o Cadastral № Area, ha 1 06-092-092-015 3,01

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 42

Dohwa Engineering Co., Ltd

2 06-092-017-092 3,01 3 06-092-022-295 3,1 4 06-092-022-296 3,006 5 06-092-027-235 2,65 TOTAL: 14,776

3. There were no deviations from norms during the process of rehabilitation. 4. Conclusion of commission: Works on rehabilitation of lands temporary occupied for construction objects of "Almaty- Korday-Blagoveshenka-Merke-Tashkent-Termez" motor road (road section km 358,6-389,4) at the boundaries of Merke rayon in Zhambyl oblast were executed in compliance with normative, legislative norms and rules. The commission considers that rehabilitated lands are suitable for subsequent agricultural use in the content of the previous lands. Rehabilitated lands are handed over to the previous land users of Merke rayon. R. Ospankulov

T. Smagulov

S. Yessenov

B. Zheksembiev

D. Moldagulova

K. Nartova

K. Beksultan

A. Abdukarimov

Zh. Seitov

K. Burkitbaev

M.N. Kadyrov

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 43

Dohwa Engineering Co., Ltd

Handover Certificate

Rehabilitated lands temporary occupied for construction sites situated at the boundaries of T. Ryskulov rayon in Zhambyl oblast connected with reconstruction of the motor road "Almaty-Korday-Blagoveshenka-Merke-Tashkent-Termez" (road section km 358,6-389,4)

T. Ryskulov Rayon November 21,2012

Commission represented by: T. Ryskulov rayon Akimat Head of Land Relations Department B. Bashanov Department for ecology of Zhambyl oblast Regional inspector Zh. Mambetaliev PF "Dulat" O. Niyazkulov PF "Nurdaulet" N. Mustafaev

ZB of "Kazakhdorstroy" LLP Project Manager M.N. Kadyrov

conducted the survey of land lots with total area 6,01 ha. provided for temporary short-time land use by the order of Akim of T. Ryskulov rayon of ZСambyl oblast № 373 dated 27.08.2010 for location of -sites for stockpiling in amount of 5 pcs with total area - 6,01 ha

The commission made this certificate on the following: 1. ZB of "Kazakhdorstroy" LLP has performed the works for rehabilitation of destructed lands for above-mentioned sites provided for temporary short-time land use in order to return the lands to their previous owners consisting of the original grounds: 1. plough land - 3,0 ha; 2. pasture - 3,01 ha;

2. The following documents were submitted: - acts for right of temporary short-term land use for above mentioned sites (copies) according to the specified list; - Work acceptance Certificate for land rehabilitation; № Cadastral № Area, ha i/o 1 06-091-088-319 3,01 2 06-091-093-550 3,0 TOTAL: 6,01

3. There were no deviations from norms during the process of rehabilitation. 4. Conclusion of commission: Works on rehabilitation of lands temporary occupied for construction objects of "Almaty- Korday-Blagoveshenka-Merke-Tashkent-Termez" motor road (road section km 358,6-389,4) at the boundaries of T. Ryskulov rayon in Zhambyl oblast were executed in compliance with normative, legislative norms and rules. The commission considers that rehabilitated lands are suitable for subsequent agricultural use in the content of the previous lands.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 44

Dohwa Engineering Co., Ltd

Rehabilitated lands are handed over to the previous land users of T. Ryskulov rayon. B. Bashanov

Zh. Mambetaliev

O. Niyazkulov

N. Mustafaev M.N. Kadyrov

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 45

Dohwa Engineering Co., Ltd

Annex-III: Work acceptance certificate of KDS

Work Acceptance Certificate

Rehabilitated lands temporary occupied for quarry of loam "Land lot №3" situated at the boundaries of Merke rayon in Zhambyl oblast connected with reconstruction of the motor road "Almaty-Korday-Blagoveshenka-Merke-Tashkent-Termez" (road section km 358,6-389,4)

Merke rayon November 21,2012

Commission represented by: Merke rayon Akimat Head of Land Relations Department R. Ospankulov

Department for ecology of Zmabyl oblast Regional inspector T. Smagulov

Zhambyl rural district Akim M. Kokrekbaev

PF "Abdukarimov" A. Abdukarimova

ZB of "Kazakhdorstroy" LLP Project Manager M.N. Kadyrov observed the works performance for rehabilitation of lands temporary occupied for location of quarry of loam deposТt "Land lot №3 and access roadsТtuated at tСe boundarТes of Zhambyl rural district of Merke rayon in Zhambyl oblast connected with reconstruction of "Almaty-Korday-Blagoveshenka-Merke-Tashkent-Termez" motor road (road section km 358,6-389,4)

1. Mechanical and biological rehabilitation of temporary occupied land lots has been conducted without violations of normative, legal norms and requirements. 2. Temporary occupied land lots can be handed over to the original land owners.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 46

Dohwa Engineering Co., Ltd

R. Ospankulov

T. Smagulov

M. Kokrekbaev

A. Abdukarimova

M.N. Kadyrov

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 47

Dohwa Engineering Co., Ltd

Work Acceptance Certificate

Rehabilitated lands temporary occupied for construction sites situated at the boundaries of Merke rayon in Zhambyl oblast connected with reconstruction of the motor road "Almaty- Korday-Blagoveshenka-Merke-Tashkent-Termez" (road section km 358,6-389,4)

Merke Rayon November 21,2012

Commission represented by: Merke rayon Akimat Head of Land Relations Department R. Ospankulov Department for ecology of Zmabyl oblast Regional inspector T. Smagulov T. Ryskulov rural district Akim S. Yessenov PF "TylemysBatyr" B. Zheksembiev PF "Kuan and D" D. Moldagulova PF "Nart" K. Nartova PF "Kerymbai" K. Beksultan PF" Moldyr G" A. Abdukarimov PF "Toleget-Dat" Zh. Seitov "Arna" LLP K. Burkitbaev ZB of "Kazakhdorstroy" LLP Project Manager M.N. Kadyrov observed the works performance for rehabilitation of lands temporary occupied for location of storage sites for reconstruction of "Almaty-Korday-Blagoveshenka-Merke-Tashkent-Termez" motor road (road section km 358,5-389,4) at the boundaries of Merke rayon in Zhambyl oblast. 1. Mechanical and biological rehabilitation of temporary occupied land lots has been conducted without violations of normative, legal norms and requirements. 2. Temporary occupied land lots can be handed over to the original land owners after expiration of lease terms.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 48

Dohwa Engineering Co., Ltd

R. Ospankulov

T. Smagulov

S. Yessenov

B. Zheksembiev

D. Moldagulova

K. Nartova

K. Beksultan

A. Abdukarimov

Zh. Seitov

K. Burkitbaev

M.N. Kadyrov

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 49

Dohwa Engineering Co., Ltd

Contd. Annex-III: Work acceptance certificate

Work Acceptance Certificate

Rehabilitated lands temporary occupied for construction sites situated at the boundaries of T. Ryskulov rayon in Zhambyl oblast connected with reconstruction of the motor road "Almaty-Korday-Blagoveshenka-Merke-Tashkent-Termez" (road section km 358,6-389,4)

T. Ryskulov rayon November 21,2012

Commission represented by: T. Ryskulov rayon Akimat Head of Land Relations Department B. Bashanov Department for ecology of Zhambyl oblast Regional inspector Zh. Mambetaliev PF "Dulat" O. Niyazkulov PF "Nurdaulet" N. Mustafaev

ZB of "Kazakhdorstroy" LLP Project Manager M.N. Kadyrov

observed the works performance for rehabilitation of lands temporary occupied for location of storage sites for reconstruction of "Almaty-Korday-Blagoveshenka-Merke-Tashkent-Termez" motor road (road section km 358,5-389,4) at the boundaries of t. Ryskulov rayon in Zhambyl oblast. 1. Mechanical and biological rehabilitation of temporary occupied land lots has been conducted without violations of normative, legal norms and requirements. 2. Temporary occupied land lots can be handed over to the original land owners after expiration of lease terms.

B. Bashanov

Zh. Mambetaliev

O. Niyazkulov

N. Mustafaev

M.N. Kadyrov

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 50

Dohwa Engineering Co., Ltd

Annex-IV: Summary report on grievance resolution

Under LARP-I ( Km 305-km331) Up to June 2012

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 1 January, Km 305- Taskynov Merke d., People paid for opening the A letter to KazPost was sent Resolved 2011 331, Nurzhan Kostogan account in Kaz Post. + by RD on 24.08.2011. KazPost Zhanatogan r.d., 7000KZT. sent the reply to RD on Kulbayev 28.09.2011 which states that str., 90 the charge of 7000 KZT was taken from AP because he had obligations to Tax Department. 2 January, Km 305-331 PK “Aspara”, 8777964418 Problem with irrigation system Contractors already explained Resolved 2011 Aspara v. Mikheev 0, Merke d., and not only for them, but also to AP that new pipes will be Gennadiy Aspara r.d., for many households in their suit to the old pipes. So, they Ivanovich, Tsentralnay rural district. will not have any problems Bayzhumano a str., 2 with irrigation system. v Zharylkasyn Ayupovich 3 January, Km 305- Dzhumatayev Merke d., No access road to his land plot. Access road has been Resolved 2011 331, Merke, Ali Sarymolday There is not availability to constructed every 10-15 km. Zhanatogan ev r.d., cultivate and plant anything on People can access to their Serikbayev the remained plot. land plot using new access str., 23 road. If they can’t access land plot, remained land plot can be acquired.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 51

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 4 July, 2011 Sarymolday Residents of LLP "Kyzylorda Kyzylkum Contractors repaired the road. Resolved ev r.d., str. Korygy" exported gravel-sandy And after that time, Vehicles Akhtamberdi Ahtamberdie mixture on the str. with materials don't drive on yev str. va, Ahtamberdieva to the the str. Ahtamberdieva. v.Sarymoldae construction site of KCC.

va, Merke More than 100 trucks were region transporting gravel and soil It was confirmed that 10 ha of Resolved through the village violating rules land refer to land reserves of of road traffic and road rural district. Also there were maintenance. This led to small another 2 companies who cracks in some houses and transported soil and gravel other buildings. More than 10 ha through this street for another of natural pasture land was purposes (not for project). destroyed; therefore they have Contractors repaired the road. difficulties with food for livestock. According to these people, infringements were made by Kyzylorda Kyzylkum LLP, which has been transferring the soil and gravel and delivered it to “KCC” company. 5 October Km 305-331 PK “Aspara”, 8777964418 According to land department of The letter from RD was sent to Resolved 26, 2011 Aspara v. Mikheev 0, 25040, Rayon Akimat the acquired land SPCLR (Scientific Production Gennadiy 25587, area is 46,5 ha. AP already Center of Land Resources) in Ivanovich, Merke d., received compensation, but now order to confirm the exact Bayzhumano Aspara r.d., he states that the acquired land acquired area of plot. Zharylkasyn Tsentralnay area is equal to 90 ha. He asked According to the decision of Ayupovich a str., 2 to confirm this. SPCLR he received compensation KZT 5,019,126

6 March 2, str. Abay, Residents of Transportation of stone materials KCC cleared ditches. Noise Resolved 2012 Andas- str. Abay from the quarry on the str. Abay and vibration near the mosque Batyra rural v. Karpyk-Batyr to concrete plant and school was monitored. district, v.Kenes and construction roads. Alternative way was followed.

Merke Residents don't want that the No complaints remaining on

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 52

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints region. streets are being used for those these issues heavy trucks. 7 June 12 Aspara, (Km Seidualiyeva There was a Café at Km 324 of The Specialists of 2012 324) Nazim Old Almaty-Tashkent road. The Construction Supervision Resolved land is owned by Seidualiyeva Consultants (DOHWA) have Nazim and she rented out this visited the site in several land to others for Café business. times. Social Development She owns a total of 1.37ha land Specialist along with the which is adjacent to the old road. complainants again visited the Now due to changing of the road site on 13 June 2012. On (Km 305 to Km 331) alignment social and technical point of that business is closed. She view the DOHWA wants to re-establish the Café recommends for allowing the (Hotel) centre with dining facility, applicants for access to the fuel station and other public new road. In the service complexes. The land is circumstances it is decided to about 35 meter away from the construct ramp by applicant road alignment. This 35 meter herself. It is done finally. land is owned by Republic of Kazakhstan. Seidualiyeva Nazim wants access to the road from her land through this government land.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 53

Dohwa Engineering Co., Ltd

Status of the grievance resolution under LARP-II (Km 331-389) Up to June 2012 Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 1 May, 2009 331-389 Dzholdasova Asked to make cattle track and Cattle tracks have been Resolved Zhanaturmy Tynyshkul, overpass for agricultural constructed on the km s, Ryskulov Kulbayev machinery. 338+630 km 345+541, km r.d Zhetpisbay, 353+980. Overpass for Satylganov agricultural machinery was not Alpymash, envisaged by project in this Togayev section Niyazaly, Bugirayev Primkul, and others 2 May, 2009 331-389, Agayev 40867, Merke No access road to his land Access road will be Resolved Merke, Ibragim d., Sarybulak plot. constructed every 10-15 km. Sarymolday r.d., People alleged 200000 KZT People can access to their ev Syrlybayev for making access road to his land plot using new access str., 8 land plot. road. If they can’t access land plot, remained land plot can be acquired. 3 September Kazakh v. Niyazkulov O. “Kazakhdorstroy”LLP had Problems are connected with Resolved 15, 2010 taken the soil of “Dulat” which quarry. Quarrying has been is owned by Demegenov allotted around the land S.during. perimeter, not his land. The natural channel around the quarry was not impacted. 4 November Kazakh v. Inkarbekov . Cattle-crossing was shifted In order to prevent vibration Resolved 11, Bekbolatov . from PK 389+170 to PK impacts, contractor increased 2010 Dabyltayev . 386+670. the distance from the road to Esimov S. An impact of the vibratory the houses. The distance from Resolved NТyazkulov О. rollers led to some cracks on the bottom of the slope to the

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 54

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints the wall of houses. buildings will be increased to 30m.

5 November Zhanaturmy Aiymbekov The impact of the vibratory There was a meeting with Resolved 18, s v. Zh. rollers led to some cracks on participants of ADB and local 2010 Shanbayev N. the wall of houses which are residents regarding this Zhunisbayev built near the project road. problem and decided to give 1 A. ton of cement. All 9 (nine) Satybaldiyev families received 1 ton of T. cement. Nutayeva T. Laboratory tests on vibration Boribayeva were conducted by the ZhB“KESO Otan” LLP. The conclusion of this laboratory was that it didn’t exceed the permissible limits, according to GOST 23337-78, GOST 12.1.036-81. 6 January, 8(72631) Abdirakhmano 8(72631) Landowners adjacent to a soil A protocol was issued after the Resolved 2011 53409 v Murat 53409 borrow pit allege the joint site meeting of 20/1/2011, Kuanyshevich excavation has disrupted the stating that the complainants local irrigation system and did not have a legal right of access for driving livestock. access. Borrow excavation has not disrupted irrigation system. 7 April, 2011 Km 370 Beksultanov 87051043739 Arable irrigated land (perennial After the court decision the Resolved (end of Merke Amanbay grass). H/h did not agree for compensation amount became Bypass, full Zeinegul valuation amount provided by much higher. Agreement was width for 500m) RD. made. Compensation paid. 8 April, 2011 Km 370 Abdrakhmano 872632505688 Private land (for constructing The court made decision to Resolved Aktogan v Maksut 7017761891M petrol station, restaurant, pay compensation for 0.09 ha erke, Ismailova cafe). H/h did not agree for on November, 2011. The str 1A valuation amount provided by compensation is not paid yet. RD.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 55

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 9 April, 2011 Km 370 Argynbayuly 87263244397, Arable irrigated land (perennial After the court decision the Resolved Aktogan Rahymbay 87022838867, grass). H/h did not agree for compensation amount Merke, valuation amount provided by increased. Agreement was Zhambyl r.d., RD. made. Compensation was Ismailov, 5 received. 10 April, 2011 Km 364 Nartbayev 870177549848 Irrigated arable land (perennial The petition was sent to the Zanaturmys Yernazar 705737185787 grass). He is not agree with court by Akim of Merke Rayon Resolved 263221539 valuation amount provided by on 09.06.2011. Merke RD. Owner doesn’t agree with d., proposed compensation in Kemelbekov 9000 tenge for 0,021 ha land. str., 34 Owner submitted complaint to land department of Merke region. It was decided that the amount was calculated as per law. But he refused to receive it. He has no further claim. 11 April, 2011 Km Tynybekova Merke d., Private commercial land with Land was evaluated at market Resolved 364+785, Aliya Aktogan r.d., petrol station (21m2). After price. The agreement was Km 371 LHS (husband Demesinov new law (“About State made. Compensation amount Aktogan v. Talgat) str., 3 (from property” from 10.03.2011, increased. survey group), para 6 “Compulsory Land 87011832256, acquisition of the land plot for 87057373118, government needs”) the 87263235480 compensation amount for private land decreased. H/h did not agree for valuation amount provided by RD. 12 June, 2011 Km 372 Baudankyzy Merke, She was not included in the list Court decision was to refuse to Resolved Aktogan Akzhar Aktogan rural of APs, but stated that her land acquire this petrol station as it district, plot and petrol station must be is not affected. Appeal Zhambyl str., acquired. Commission was on the 4th of 13 November. Appeal Commission rejected compensation claim.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 56

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 13 July, 2011 km 384+130 Residents of Because of road construction, Instant access road (asphalt) Resolved Zhanaturmy village Tole bi the old gravel roads were connecting to previous road s v. and closed. They requested to was constructed B.Momyshuly construct additional road or str. ramps to old roads 14 March, Km 357+800 Seidualiyeva Owner of fuel station and The matter has already been Resolved 2011 RHS Major Nazym nearby cafe inside the junction solved in the court and Junction ramps does not agree with compensation was paid to AP Merke compensation offered by according to the court MOTC. decision. 15 July 07, Aktogan v. akim of 35419 In connection with the spring The channel was withdrawn to Resolved 2011 Aktogan v., floods on Nartayev and the pipe that is located at PK Omirbekov O. Amangeldi streets, water is 372+076. flowing and hampered by the project road. The accumulation of water leads to the concrete sinking to the nearly located houses. People ask to make a withdrawal of the channel. 16 July 08, Aktogan v. Nartbayev His house is located too close More than 100 houses are too Resolved 2011 in Nartpayev to the road. The distance from closer to the road. str. km axes to house is 29m. Akimat and region land 372+900 In accordance with the Law of department sent this problem RK "on Motor roads" from to RD for compensation 07.07.2001., Part 2. Article 7, (December 2012).

the size of right-of-way from Project is almost completed. the road axis should be 35m. Such these types of The house turns out under the complaints cannot be right-of-way. He wanted one entertained . One box culvert box culvert in front of his constructed in front of his house. house along the canal as requested.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 57

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 17 July 11, Zhanaturmys “Bayan &K” Ryskulov d., Water pipe was removed, so The elimination of the pipe Resolved 2011 v. GP – Togaev Zhanaturmys 16 families have to use was planned at 383+784 km S.K., “Zhana- r.d. mountain water. In the reply according to the project. At Turmys-98” from Akimat is written “all of that time, the road pavement LLP – them have asked and that is works have been executed Zhamalbekov why we have taken it”. But there. The residents of K., Aksaray” none of members of LLP-98, Zhanaturmys v. have hh – Togaev “Aksaray” hh, “Bayan & K” TS requested a new pipe to be N.K. have been informed and none built.

of them put their signatures. And regarding to this problem These people are worried it was decided to build a about what can happen with borehole (well). The contract daily living and crops without has been signed by the water. subcontractor “Gidreologia” LLP. The construction of borehole (well) is ready to start. 18 August 17, Zhanaturmys Almekerov They requested to pave the Construction of culvert and Resolved 2011 v. Talgat top soil of the road with milled collars (rings) are needed to Kabylbekuly material, starting from the continue the water flow to the Mayor of eastern side (burial place) to cropping field

Zhanturmys v. the western side, as well as the installation of culverts was the construction of the pipe on not included in the project. the mountain road side, Nevertheless, a culvert and through the ditch for the required collar rings were passage of the agricultural provided by the project. machineries. 19 August 12, Zhanaturmys Residents of There is accumulation of water Water accumulation is not 2011 v. Zhanaturmys in the cattle-crossing. observed. Resolved v. Regarding to the road safety, The road signs are not all the road signs are installed Resolved installed on the entry and exit in accordance with the order of Zhanaturmys road. for work production agreed with the traffic police.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 58

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 20 August 12, Zhanaturmys Residents of The ditches contaminate with All the ditches that were 2011 v. Zhanaturmys old asphalt of the road. located near the old road, hit Resolved v. the right-of-way of the new road construction. Contractor removed the construction wastes, concrete products and topsoil from the construction site, and will remove the remnants of construction wastes from the site in the further production works. 21 August 12, Zhanaturmys Residents of There is one ramp indicated in Instant access road (asphalt) 2011 v. Zhanaturmys the project, people ask for an connecting to previous road Resolved v. additional ramp. was constructed 22 September Zhanaturmy Residents of They requested construction of Bypass road was constructed. Resolved 13, 2011 s v., Tole bi village Tole bi bypass road, and filling with The sang-gravel mix was filled & and B. crushed stone and sand-gravel on this site (on September, Momyshuly Momyshuly mix. Approximately length is 2011). Access road was str str. 100m. constructed 23 April 2011 Km 371 LHS The new road comes closer to Internal monitoring was Resolved Zanaturmiz some houses outside the conducted by specialists from ROW. The owners complained engineer and Ecologists from about it. contractor on the km 371. It was confirmed that everything meet their standards. 24 April 2011 Km 382+977 Villagers have requested an The additional cattle-crossing Resolved Zhanaturmy additional cattle crossing at was constructed. But it is too s v. Km 382+977. low from ground level and can be flooded. The additional pipe was constructed on km 382+956 for account of the Contractor. 25 April 2011 Km 382+977 Some alleged broken Windows were replaced. Resolved Zhanaturmy windows, cracks, and Grievances on a dust and

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 59

Dohwa Engineering Co., Ltd

Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints s v. noise/dust/vibration(around vibrations have been resolved Km382+300) together with representative of PMC. 26 January Zhambyl v. Orazbayev О. People asked to build another Visiting meeting was Resolved 25, 2012 Salahov К. cattle-cross near the village, conducted with participation of Ismanov R. as the distance for the cattle- engineer, representative of crossing is 4,5 km and it contractor and local residents creates inconvenience for the about the construction of a driving of cattle. new cattle-cross in this area. People asked to build one more cattle-cross in the bridge area of Big Chu Channel, as earlier there was 2-levelled bridge where the cattle could pass freely. Nowadays, there are about 3000 cattle. 27 March 6, Km 389+101 Niyazkulov Kazakh village, Because of road construction In accordance with the Resolved 2012 Kazakh Omen 62, Abay street (off ramp for the farm and side General conditions of the walk), 2.7 ha of his land FIDIC 2006, Kazakhdorstroy Phone : (“Dulat” peasant farm) was sent letter to RD for asking 5-30-15 taken without payment. how to take action to resolve the problem (March 13, 2012).

In accordance with the design documentation and the arrangement plan of “Off ramp for the farm and sidewalk” taken area of “Dulat” peasant farm is 0.044 ha.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 60

Dohwa Engineering Co., Ltd

Status of the grievance resolution under LARP-II (Km 331- 389)

From July to December 2012

Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints 1 July 04, Km 369+700 Soleimanov Sh. Zhambyl V., The aggrieved persons have The Contractor has Resolved 2012 Zhanaturmys Aliev S. Merke 1000 ha cropping field and a constructed ramp in the cemetery at km 369+700 of required areas Zhambyl village, Merke Region but due to construction of the road the access to the cropping field has been disrupted. They cannot drive their agriculture machineries to harvest the crop. They want an access road/ramp from the road at km 369+700. They didn’t put written complaint as yet. This is their first written complain. 2 30 Zhambyl v. Salahov Zhambyl To date he has not left the ramp According to site inspections Rejected November, Kazbek oblast, Merki from automobile road to his conducted by the Engineer and by 2012 Damenuly Region, DAMEN peasant farm. He has Contractor, it is not possible to MOTC Zhambyl big trucks, combines; tractors provide a ramp because it is ZOD by village, and he requested to leave the Ismailov St., way for the entry and exit. against the prevailing RK traffic letter 30 regulations 19.12.12

3 30 Zhanaturmy Usenova 8 705 241 A toilet constructed very close to Contractor has conduct survey Resolved November, s Gulzat 04 28 (mob) her café (Ak Jol), (15 meters) on 22 December and found 2012 Zhazhorbayevn 5 29 24 but according to Sanitary Norms that the distance between Café a (home) of RK the distance between and toilet is 10 meter. This projected toilet and café should corresponds the norms of be at least 50 meters, so she Kazakhstan. So public toilet is asks to shift this toilet to another not shifted as per decision of

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 61

Dohwa Engineering Co., Ltd

Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints place. the RD.

4 29 Usenova 8 705 241 She needs ramp to her café (Ak Same person as sl. No. 3. The Resolved November, Gulzat 04 28 (mob) Jol). contractor constructed toilet 2012 Zhazhorbayevn 5 29 24 without keeping pedestrian way a (home) to Cafe. Decision taken by the Hzambyl RD that access road cannot be provided according to the road design. 5 26 Zhambyl v. Residents of 4 43 97 Residents of this street (16 Not 16, but 5 ramps were Resolved November, Ismailova St., (home) houses) want ramps to each of constructed to these houses (1 2012 Zhambyl Ismailova the house. This street is at the ramp for 4 houses and 1 ramp village, Merki St., 5 entrance of the Merke and due to the crops) by Region Argynbaiuly to construction of the entrance Kazakhdorstroy without R. road the ramps are not left to additional cost to Employer. these houses, because it`s not considered by the Project. 6 19 Aktogan v. Alimbayev Kunanbaye 1) To date walls of his 1) According to our Resolved November, Kyrgyzbai v St., 1, house have big cracks investigation the house is not 2012 Aktogan because of the equipment of affected by the Project village Kazakhdorstroy passing their because it is located 60 3-54-14 street. meters away from the (home) 2) He suffers in spring and constructed road and house is autumn because of the very classified as an old house that big water flow from mountains. is the reason for cracks. Before there was a little culvert Anyhow as a help Contractor and they diverted the flow of (KDS LLP) provided this the water to fields. Now due to complainant with two bags of construction of the road this cement for repairing of the culvert was removed and cracks. nothing is there instead of this 2) KDS LLP surveyors

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 62

Dohwa Engineering Co., Ltd

Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints culvert. made a survey of that section and submitted the survey results to DOHWA. It`s possible to construct there a drainage/channel for water flow but because of the Beeline cable passing there it can be constructed only if it will cross the private land. (Land plot of neighbors located opposite to the house of Resolved complainant). The claimer was asked to make an agreement with land owners about this. Finally it is done and the claimer has no more claims over it. 7 06 Zhanaturmys Adilov 8 705 797 He wants ramp to his mill, Everything was done. Resolved November, v. Kaldybek 79 08 (mob) relocation of water line and 2012 5-31-71 leveling of territory. (home) Dosymbek St., 61, Zhanaturmys village, Ryskulov Region 8 19 Merke (km Lesnova O., 8 778 673 The Honey vendors applied The application was sent to Partly December, 3+00 at Lemeshko N. 63 79 once in May 2009. No remedy MOTC Taraz and Merki resolved 2012 Merke-Shu (mob) has been taken as yet. So they Regional Akimat. The MOTC & road). Merke have applied again for and Merke Rayon Akimat trying May 2009 village, relocation. Honey sellers have to find a suitable location for Parkovaya been working from 1995 in this relocation of the honey vendors St. 1/1 area. Before the road according to their demand. A construction started honey meeting was held at Merke

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 63

Dohwa Engineering Co., Ltd

Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints vendors stayed without Akimat on September 26 2013 authorization along the Almaty- and decided to give a space to Taraz road, then when they them for running business were forbidden to sell their keeping in mind of the road honey that side, they shifted to safety and traffic rule of another road Merke – Shu road. Kazakhstan. But the issue is Now when the new Almaty road not yet solved. Akimat of Merke is opened there is not so much is still trying to resolve the traffic on the Merke – Shu road issue soon. and that`s why their business is running very slow. The wanted a fixed location suitable for business. 9 29 Merke Deputy of Merki Merki There was an arch of the region The arch has been Resolved November, Regional Akim` Regional (passport) on the west side of constructed 2012 Mr. Smailov K. Akimat the previous road. Due to the reconstruction of access road this year the arch of Merki region was removed by the Contractor. Due to the completion of road construction in the above mentioned area it`s necessary to reconstruct the arch because the arch in the entrance to the village symbolizes the regional identity and beauty. 10 27 Merke Local residents Construction of Ramps to the Kazakhdorstroy LLP has Resolved November of Ismailov houses No. 9-23 Local residents constructed 5 Ramps parallel 2012 Street, of Ismailov Street, Zhambyl to the motor road at the km Zhambyl village, Merke Rayon 0+88-0+91, 1+79-1+82, 2+75- village, Merke 2+80, 3+93-3+96 & 4+60-4+65 11 July 2012 Zhanaturmys Local residence Additional Cattle Crossing at The Contractor Resolved v. of Zhanaturmys Km. 366+540 as per the demand ‘Kazakhdorstroy’ has already Village, of the local villagers at completed the construction of Zhanaturmys Village. additional cattle crossing at

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 64

Dohwa Engineering Co., Ltd

Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints Km. 366+540 . 12 July Zhanaturmys BEE Line Relocation of the existing fiber- The Contractor Resolved 2012 v. Telecom optic cable line owned by ‘Kazakhdorstroy’ has already Km 370 telecom company BEELINE completed this work with a total length of approximately 6.5 kms 13 November Local residence Construction of Category-5 road The work has been completed Resolved 2012 Zhanaturmys of Zhanaturmys as per the demand of the local as required by the villagers v. village villagers of Zhanaturmys Village with a total combined length of 1.685 kms that will connect the 5 existing roads in to the Project road.

14 July 2012 Village Inhabitants of The Employer has considered Construction of this ramp has Resolved Merke Merke village the request of the local people been completed from the Zhambyl Region in Merke village for the construction of an additional ramp at Km. 369+780 that will serve as access road to the existing cemetery. 15 04 Zhambyl Kuralbayev S. v. Aktogan 1) Residents of this village want 1) MOTC, Taraz replied (Ref. Rejected December, oblast, Turpanov A. Contractor Kazakhdorstroy to No 23-13-1-4/1784 dated 19 by 2012 to Medetbekov A. build a road within village December, 2012) to the KDS MOTC Alimov S. connecting all ramps as it has letter, Ref. No 517 dated 05 KDS v.Aktogan ZOD by Kokayev P. been made in v.Zhanaturmys. December, 2012 regarding 1st Abdrayimov J. 2) They say that it`s necessary issue that according to the letter Muhamedjanov to construct the cattle crossing Project which complies with all 19.12.12 J. higher as to prevent the construction norms and Mambetaliyev appearance of stagnate water. considering the road safety the B. access road connecting all Stanbekov A. ramps is not provided. And Konysbayev K. informs that construction of Aldeshbayev access road connecting all

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 65

Dohwa Engineering Co., Ltd

Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints Sh. ramps is the responsibility of Masraliyev D. local executive authority. Myrzatayev J. 2) Due to the completion of Tynymbayev K. construction works at KDS Yespenbetov J. sites, KDS cannot fulfill this Mahambetov J. request. Kauimbayev T. Berdikulov B. Bayaliyev J. Temirbekov B.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 66

Dohwa Engineering Co., Ltd

Status of the grievance resolution under LARP-II (Km 331- 389)

From January to June 2013

Date of Description of Status Approximate Name of Contact Solved No receiving the complaints (What actions Location complainant information Unsolved complaints (Problematic issues) have been taken) st 01 14 March, 2013 v.Karakystak, Akim of 25-5-01 1. Road lightening is - Regarding 1 and Rejected by nd to MOTC, Ryskulov v.Karakystak, Tankeyev O. needed along villages 2 issues MOTC Taraz, copy to region, Ryskulov region, Kazakh, Tassholak, construction of ZOD, KDS and 01 Zhambyl oblast Zhambyl oblast Zhalpaksaz. access road and resolved April, 2013 2. Necessary to build a road lightening in from MOTC, road which will v.Kazakh is not Taraz connect two houses provided by the which are left on the Project. KDS road leading to Dostyk already received Street of v. Kazakh Take-Over which is closed Certificate and because of the road cannot perform construction. the works. rd 3. Necessary to make - Regarding the 3 gutters for streaming issue, during the water from mountains embankment to Abay street works for because they are pavilions and blocked due to the toilets at Km. pavilion and toilet 389+210 KDS construction. disrupted the irrigation system and KDS has to install a d-0,5 pipe. 02 29-May 2013, Aspara Akim of Aspara 8-777-432- Water is flowing from the During site Rejected by copy to ZOD Satylbaldiev 5060 lake which is in the upper investigation on 04- the section (Kyrgyztan area) Jun 2013, it was Engineer, of river Kayindysay to the observed that the Resolved drainage channel by water could not flow canal that was dug by freely because the

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 67

Dohwa Engineering Co., Ltd

Date of Description of Status Approximate Name of Contact Solved No receiving the complaints (What actions Location complainant information Unsolved complaints (Problematic issues) have been taken) KCC E&C. When the canal is silted and drainage channel grasses grown overflows, it is flooding which needs to be the neighboring cleaned. farmlands. They asked The problem is the Engineer to instruct beyond the KCC E&C to connect the Engineer’s control canal to the river so the Akim was Kayindysay requested to address this issue to the concerned agency who is responsible for clearing irrigation canal and supply of water to farmlands. 03 24-Jun. 2013 Entrance of Maksut 8701 776 1891 He has a business (cafe Several court Not Complaint Merke Abdrahmanov 872 632 22205 & shop) on a 0.92- sessions were resolved letter sent hectare land but only made and the latest directly to ADB 0.09 hectare was was on 02 June Manila on 14- acquired and paid by the 2013 where he Jun. ‘13 Project for the didn’t attend. He construction of the withdrawn cases Interchange. Due to the from the court and shifting of road alignment decided not to 100 meters away from continue case. his business which He received became inaccessible to compensation for public his business land KZT. (comprising of Café and 3,164,400 from the convenience store RD. including future construction of petrol station and repair workshop) was closed. Mr. Maksut’s claim has

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 68

Dohwa Engineering Co., Ltd

Date of Description of Status Approximate Name of Contact Solved No receiving the complaints (What actions Location complainant information Unsolved complaints (Problematic issues) have been taken) been under civil court proceedings even before sending his complaint to ADB. 04 Verbal Batyr & Kenes Local villagers 87771 231 Repair of road section In accordance with Partially complaints Villages, Merke 2912 from Km.0~21.90 (oblast the Memorandum resolved from Akims of Region Omirkulov N.D. importance signed on 26 March Andas Batyr & Akim of Kenes “Novovoskresenovka- 2011 between the Kenes Villages Aspara” used by the Management on Contractor KCC E&C as Construction an access to their Transport & constructional plants. Highway of Akim in Zhambyl Oblast and the KCC E&C, this road shall be maintained in proper condition and carry out the repair works after the completion of the Project. The Contract Completion Date of the Project is 03 June 2013 but the Contractor failed to complete within such date, the Contractor promised to start the repair works in 08 July 2013 and complete by the end of July, which was agreed by all attending parties.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 69

Dohwa Engineering Co., Ltd

Date of Description of Status Approximate Name of Contact Solved No receiving the complaints (What actions Location complainant information Unsolved complaints (Problematic issues) have been taken) Finally it was done in September- October 2013 by leveling and repairing potholes but Local Akimat didn’t accept the repairing. They want new asphalt road.

Status of the grievance resolution (Depot) Up to June 2013

Date of Status Resolved/ Discussion receiving Name of Contact No Location Description of complaints (What actions have Not (A way of solving the complainant information been taken) resolved problems) complaints 1 Merke There were no complaints on social and environmental issues as of December 2013 2 Akyrtobe There were no complaints on social and environmental issues as of December 2013 3 Otar There were no complaints on social and environmental issues as of December 2013 4 Kordai There were no complaints on social and environmental issues as of December 2013

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 70

Dohwa Engineering Co., Ltd

Annex-V: Minutes of the meeting about relocation of honey business

Minutes of visiting business meeting among Community Liaison Group (CLG) and honey sellers of Merke region regarding honey market location issues

Dated: 26 September 2013 L2562-KAZ: MMF CAREC Coridor 1 (Zhambyl), Investment Program, Project -2/Tranche-2 Venue: Akimat of Merke region Date and time: 26 September 2013, at 12.00 a.m.

List of attendants:

1. Director of Zhambyl oblast Branch (ZhOB) “Kazavtozhol” JSC – Zhasybayev Erzhan Bakirbayevich 2. Deputy Director of ZhOB “Kazavtozhol” JSC – Tuganova Aizhan Kalkenovna 3. Akim of Merke region – Kopbosynov Bakhtiyar Beisembayevich 4. Chief of Land relations Department of Merke region – Ospankulov Rustembek 5. Chief of Merke Depot-35 – Zhasybayev Seidilda Bakirbayevich 6. Chief of Traffic Police of Merke region – N. Ryskulov 7. PMC CLG Coordinator – M.T. Isakova 8. Traffic Inspector – Arzanbayev Almaz 9. Chief of Department for Road Safety in ZhOB “Kazavtozhol” JSC – B.Sarmanbetov

Affected persons under the project: National union of honey vendors in Kazakhstan, Zhambyl oblast 1. B.Nuraliyev 87051742444 2. A.Ivannikov 87779663513 3. A.Babiyak 22123 4. N.Mityaskina 87057338136 5. O.Lesnova 87052874352 6. N.Lemeshko 87784080121 7. T.Pleshakova 87754580205 8. A.Sitnikova 87785394761 9. S.Elfimov 87785706796 10. R.Gommer 870031270004 11. A.Beknazarov 87014230238 12. D.Kliyushnichenko 87057376447 13. N.Pleshakova 87774646135 14. P.Saranchuk 87022539912 15. P.Morozov 42273 16. P.Galliuk 87051498091 17. M.Kopylenko 43271 18. A.Agrinenko 87059040169 19. V.Kirilov 42500 20. T.Popenko 87770859661

National union of honey vendors in Kazakhstan, Zhambyl oblast - B.Nuraliyev National union of honey vendors in Kazakhstan, Zhambyl oblast - A.Beknazarov Issues under discussion: 1. Informing to ZhOB “Kazavtozhol” JSC about violations of the current location for honey sellers. 2. Suggestion of Merke region Akimat about land parcel for honey market. 3. Agreement and defining land parcel for honey market. 4. Date agreement to relocate honey sellers to honey market.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 71

Dohwa Engineering Co., Ltd

i. The first issue: Informing ZhOB “Kazavtozhol” JSC about violations of the current location for honey sellers.

Basis of the first issue: In March 2013 honey vendors fundamentally settled bus stops in Merke region: installed electricity to their chutes. Consumers stop to buy honey and cause an emergency situation. 1. Tuganova Aizhan Kalkenovna, Deputy Director of ZhOB “Kazavtozhol” JSC and Arzanbayev Almaz, Traffic Inspector informed honey sellers and made clarifications that due to norms and regulations of road safety and road maintenance it is prohibited to stand or sell at bus stops.

Made decision on the first issue: Due to norms and regulations of road safety and road maintenance it is prohibited to stand or sell at bus stops.

ii. The second issue: Suggestion of Merke region Akimat on parcelling out lands for honey market.

Basis of the second issue: Honey vendors of Merke region have been working since 1995. Due to construction of automobile road roadside honey vendors have been relocated to another places. Akimat of Merke region gave preliminary approval that honey vendors would be provided with land parcels after completion of construction. In March 2012 honey vendors fundamentally settled at bus stops of Merke region expecting decision of Akimat – relocate to honey market.

B.B. Kopbosynov Akim of Merke region proposed to honey sellers to select immediately lands for their honey market. Selection of land should be accorded with Department for land relations of Merke Akimat, ZhOB “Kazavtozhol” JSC, and Traffic Police should conduct an auction for the stated land parcel.

Made decision on the second issue: Honey sellers, Department for land relations of Merke Akimat, ZhOB “Kazavtozhol” JSC, and Traffic Police made decision to visit the road and select land parcels for honey market.

The third issue: Agreement and definition of lands for honey market.

Basis of the third issue: Honey sellers, Department for land relations of Merke Akimat, ZhOB “Kazavtozhol” JSC, and Traffic Police went to the road and visited the lands: km. 333+700, km.328+400 direction to Taraz-Almaty, km. 337+600 direction to Alamty-Taraz. After lively discussion and agreement honey sellers and Department for land relations of Merke Akimat, ZhOB “Kazavtozhol” JSC, and Traffic Police made decision.

Made decision on the third issue: To define the land parcel at km. 328+400 direction to Taraz-Almaty for honey market of Merke region.

The fourth issue: Agreement for date in order to relocate honey sellers to the market.

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 72

Dohwa Engineering Co., Ltd

Basis of the fourth issue: Date of relocating honey sellers to honey market will be defined additionally after conduction an auction for land parcels km. 328+400 direction to Taraz-Almaty by Merke Akimat (Procedure for the auction takes more than 40 working days).

Made decisions: 1. Due to norms and regulations of road safety and road maintenance it is prohibited to stand or sell at bus stops. 2. Honey sellers, Department for land relations of Merke Akimat, ZhOB “Kazavtozhol” JSC, and Traffic Police decided to go to the road and select land parcels for honey market. 3. To define land parcel at km. 328+400 direction to Taraz-Almaty for honey market of Merke region. Date of relocating honey sellers to honey market will be defined additionally after conduction an auction for land parcels km. 328+400 direction to Taraz-Almaty by Merke Akimat (Procedure for the auction takes more than 40 working days).

List of honey vendors of Merke region Date: 25/09/2013

Honey vendors of Merke region have been informed about the meeting in Merke Akimat on issues of location of “honey center” on 26/09/2013 at 12.00 a.m. at Merke Akimat (small conference hall).

Signatures:

1. Mityashkina Irina Genadievna 20. Papenko Tatyana 2. Phomenko Svetlana Genadievna 21. Galiuk Vera Petrovna 3. Duzenova Nagima 22. Galiuk V.P. 4. Karimova Gulnara 23. Lemeshko N. 5. Mahambetova Mahabbat 24. Elfimov Sergey 6. Pleshakova Tatyana 25. Lesnova Oksana 7. Duhova Natasha 26. Saranchuk Igor 8. Suvorova Larisa 27. Morozov Pavel 9. Kopylenko Vladimir 28. Galiuk Petr 10. Tatarnikov Sergey 29. Morozov Pavel 11. Bandurko Bazhena 30. Baturina Anna 12. Trikozova Galya 31. Kovalenko Tatyana 13. Federenko Nikolay 32. Saranchuk Mihail 14. Tsykunova Valerya 33. Galiuk Vera Petrovna 15. Mamontov Valeryi 34. Galiuk V.P. 16. Gomel Robert 35. Tihonova E.N. 17. Epishev Alexander 36. Saranchuk Nikolay 18. Agrinenko Anatoliy 37. Minokayeva Aisha 19. Yakovleva Nelli

International Transport Corridor CAREC 1, Taraz-Korday Section in Zhambyl oblast (Project Two) Loan 2562-Kaz Bi-Annual Social Monitoring Report Page 73