Land Acquisition and Resettlement Plan
Land Acquisition and Resettlement Plan Project Number: 42052 June 2011
REPUBLIC OF TAJKISTAN:
CAREC Corridor 3 (Dushanbe‐Uzbekistan Border) Improvement Project
Prepared by the Ministry of Transport, Republic of Tajikistan, for the Asian Development Bank
The Land Acquisition and Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.
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ADB Mr Hong Wang Director Infrastructure Division Central and west Asia Department
Subject: Grant ADB 0245-TM (SF): CAREC Corridor •3 (Dushanbe -- Uzbekistan. Border) Improvement Project Final LARP
Dear Mr Hong Wang„
We Lireatly appreciate your continuous assistance and support - in transport - infrastructure projects implementation.
'Herewith we are forwarding for your approval the endorsed by the Government of . the Republic of Tajikistan «Land Acquisition and Resettlement Plan>) (Phase within • the project mentioned above.
Whereas the bid for selection of contractor is an its final stage, but resettlemen t plan has to be implemented before commencement of construction works, we request for your urgent approval of submitted documentation.
Sineere y yours,
Minister N. Ha 1<, rimy Government of the Republic at ri ,i iikistan-
1DOR8EMENT OF THE LAND ACO,LliSiTiON AND RESETTLEMENT PLAN
Government of the Republic of Tajikistan has received approval for grant for CAREC Corridor 3 (Dushanbe — Tursunzade — Uzbekistan Border) Improvement Project, which is expected to commence construction in 2011 and be completed by end of 2014. The Project must be implemented in compliance with ADD social safeguard policies. This Land Acquisition and Resettlement Plan (LARP) represent a key requirement of ADD and Will - constitute the basis for .land acquisition, compensation and resettlement. The LARP complies with Tajikistan laws and local regulations but includes some additional enhancement measures and implementation and monitoring arrangements to ensure high quality resettlement results.
Government of the Republic of Tajikistan hereby endorses the contents of the attached Land Acquisition and Resettlement Plan dated May 2011 and guarantees that funds will be made available as stipulated in the budget. Land Acquisition and Resettlement Plan discussed and agreed with relevant representatives of the local authorities. Ministry of Transport RT, with the support of Rudaki Rayon, Gissar Rayon, Shakhrinav Rayon and Tursunzade town - will directly • manacle the implementation of the Project related resettlement and land acquisition activities.
Approved on 31. -I (date) by:
4,(7.ka:rd,
First Deputy Prime Minister
of the Republic of Tajikistan
A.Gulomov
CONTENTS
EXECUTIVE SUMMARY 10
1. INTRODUCTION 14
1.1 General 14 1.2 LAR-Related Project Implementation Conditions 15 1.3 Scope of LARP I 15 1.4 Project Road Description 15 1.5 LARP Background 17 1.6 Detailed Survey and Measurement Procedure 18
2. BASELINE INFORMATION ON LAND ACQUISITION AND RESETTLEMENT 19
2.1 General 19 2.2 Impact Assessment 19 2.2.1 Agricultural land 19 2.2.2 Residential and commercial land 19 2.2.3 Property status of affected land 20 2.2.4 Annual crops 21 2.2.5 Perennial crops 21 2.2.6 Structures and buildings 22 2.2.7 Impact on community and government structures 23 2.2.8 Impact on businesses 24 2.2.9 Impact on employment 24 2.3 Census of Affected Households/Persons 24 2.3.1 Total Affected Households/Persons 24 2.3.2 Severity of Impact 25 2.4 Impact on Vulnerable Households 26 2.4.1 Ethnic composition of affected households 25 2.4.2 Types of households 26
3. RESETTLEMENT STRATEGY AND ACTUAL RELOCATION NEEDS 27
3.1 Land Compensation Strategy 27 3.1.1 Compensation and valuation for the loss of agricultural land 29 3.1.2 Compensation and valuation for the loss of residential/commercial land 29 3.2 Relocation Strategy 29 3.2.1 Agricultural land 29 3.2.2 Residential/commercial land 29 2
3.3 Detailed Resettlement Scheme for Residential and Commercial Land 30 3.3.1 Cash compensation without relocation 30 3.3.2 Compensation via Land for Land arrangements and Resettlement 30
4. SOCIO ECONOMIC PROFILE OF THE PROJECT AREA 33
4.1 General 33 4.2 Socio Economic Details 33 4.2.1 Sources of income 33 4.2.2 Landholding status 34 4.2.3 Major cropping pattern 34 4.2.4 Household income 35 4.2.5 Household expenditure 35 4.2.6 Poverty 35 4.2.7 Household assets 36 4.2.8 Indebtedness 36 4.2.9 Access to health centres 37 4.2.10 Migration pattern 37 4.2.11 Education and literacy 38 4.2.12 Drinking water 38 4.2.13 Sanitation facilities 38 4.2.14 Domestic fuel 38 4.3 Women in the Local Context 39 4.4 Impact on Indigenous Peoples and Other Social Issues 40
5. RESETTLEMENT POLICY, LEGAL FRAMEWORK AND ENTITLEMENT 41
5.1 General 41 5.2 Policy and Legal Framework for Land Acquisition and Resettlement 41 5.3 Tajikistan Constitution, Law/regulation on Land Acquisition, Resettlement and Compensation 41 5.4 ADB Involuntary Resettlement Safeguards 43 5.5 Policy Differences and Reconciliation 46 5.6 Principles Adopted for the Project 48 5.6.1 Types of land ownership and land use rights allocation 48 5.6.2 Eligibility 49 5.6.3 Compensation entitlements 49
6. INSTITUTIONAL ARRANGEMENTS 52
6.1 General 52 6.2 Ministry of Transport of the Republic of Tajikistan (MOT) 52 6.3 Agency for Land Management and Geodesy (ALMG) 53 6.4 MBTI under the State Unitary Enterprise Housing and Communal Services 53 6.5 The Local Executive State Power in Districts (Hukumats) 54
6.6 Consultants 55 6.7 Other Government Organizations 56
7. GRIEVANCE REDRESS MECHANISM 57
7.1 General 57 7.2 Steps for Grievance Redress 57 7.2.1 Grievance mechanism during the resettlement phase 57 7.2.2 Formation of Grievances Redress Committee (GRC) 58 7.2.3 Grievance mechanism during the construction period 59
8. PUBLIC CONSULTATON, INFORMATION DISSEMINATION AND DISCLOSURE 61
8.1 General 61 8.2 Consultation Objective 63 8.3 Individual Consultations 64 8.4 Community Consultation 64 8.5 Wide Consultation with Affected People 69 8.6 Consultation with Government Officials 69 8.7 Continuation of Public Consultations 70 8.8 Disclosure 70
9. LARP PREPARATION, IMPLEMENTATION AND CAPACITY BUILDING 72
9.1 General 72 9.2 LARP I Implementation Phase 72 9.3 Monitoring and Evaluation Period 75 9.4 LARP Implementation Schedule 75 9.5 Key Actions 78 9.6 Capacity Building 78
10. RESETTLEMENT BUDGET AND FINANCING 80
10.1 Sources of Financing 80 10.2 Land Compensation Cost 80 10.2.1 Agricultural land compensation costs 80 10.2.2 Residential/commercial land compensation costs 81
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10.3 Structures and Improvements Compensation Costs 82 10.4 Crops Compensation Costs 84 10.4.1 Compensation for annual crops 84 10.4.2 Compensation for perennial crops 84 10.5 Compensation for Business Losses 85 10.6 Allowances 86 10.6.1 Severe impact allowances 86 10.6.2 Allowances for vulnerable APs 86 10.6.3 Resettlement allowances 87 10.7 Support to LARP Implementation 87
11. SUMMARY OF COSTS 88
12. MONITORING AND EVALUATION 89
12.1 Introduction 89 12.2 Internal Monitoring 89 12.3 External Monitoring 90
APPENDIXES
APPENDIX 1 Land acquisition form APPENDIX 2 Grievance registration form APPENDIX 3 Information pamphlet APPENDIX 4 Cut-off date notice APPENDIX 5 Summary of consultations APPENDIX 6 Replacement plots LARP I APPENDIX 7 List of affected households APPENDIX 8 Households loosing businesses LARP I APPENDIX 9 EMC TOR APPENDIX 10 Budget for LARP I and II APPENDIX 11 Third party insurance APPENDIX 12 Revised strip map, LARP I and II APPENDIX 13 Original and translation of letters from Hisor district government on replacement plots APPENDIX 14 Jamoat information letter and acceptance notes of APs for replacement plots APPENDIX 15 Original Government conformation letter on business compensation
LIST OF TABLES
Table E.1 Road Segments Included in LARP I Table E.2 Compensation Entitlements Matrix Table E.3 Land Acquisition and Resettlement Impacts Summary Table 1.1 Road Segments Included in LARP I Table 1.2 Project Road Sections
Table 2.1 Affected agricultural land by cultivation type Table 2.2 Affected residential and commercial land Table 2.3 Affected agricultural land Table 2.4 Crops impacts by crop type and area and segments Table 2.5 Fruit trees on residential plots Table 2.6 Fruit trees on agriculture land Table 2.7 Affected buildings, shops, sheds and outbuildings Table 2.8 Affected walls, fences and miscellaneous items Table 2.9 Affected Households and Persons by Category and Impact Table 2.10 Severity of impact Table 2.11 Vulnerable households Table 3.1 Affected residential/commercial land (cash for land compensation) Table 3.2 Land for Land Compensation (AH number and plots comparison) Table 3.3 Plot preparation cost Table 4.1 Major economic activities of affected households Table 4.2: Types of landholding Table 4.3 Major cropping pattern Table 4.4 Household income Table 4.5 Household expenditure Table 4.6 Household assets Table 4.7 Distance of the health centre Table 4.8 Types of jobs Table 4.9 Literacy status Table 4.10 Women’s activities Table 4.11 Participation in decision-making Table 5.1 Comparison of ADB Resettlement Safeguards with Tajikistan Land Code Table 5.2 Compensation Entitlements Matrix Table 8.1 LARP Consultations Matrix Table 8.2 LARP I Community Consultations Summary Table 9.1 Steps for LAR Activities Table 9.2 Key tasks for LARP I implementation Table 10.1 Compensation for the loss of use-rights on agricultural land cultivated by orchards Table 10.2 Compensation for loss of use-rights on agricultural land planted with annual crops Table 10.3 Plot preparation cost Table 10.4 Compensation for loss of residential/commercial land use rights Table 10.5 Unit prices for construction material Table 10.6 Houses, shops, sheds and outbuildings Table 10.7 Walls and fences Table 10.8 Annual crop losses compensation costs Table 10.9 Compensation for fruit trees on agricultural land Table 10.10 Compensation for fruit trees grown on residential plots Table 10.11 Compensation for Business Losses and Stoppages Table 10.12 Severe Impact Allowances Table 10.13 Allowances for vulnerable households Table 10.14 Resettlement Allowances costs Table 11.1 LARP I Budget Table 12.1 Monitoring Indicators
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LIST OF FIGURES
Figure 1 Project Location Map Figure 3 Plan of the Replacement Plots in Gissar District Figure 6 Institutional Arrangements Figure 7 Grievance Redress Mechanism Figure 8.3 LARP Implementation schedule
Abbreviations and Acronyms
AF affected family AH affected household ADB Asian Development Bank AIDS acquired immune deficiency syndrome ALMGC Agency for Land Management, Geodesy and Cartography CAREC Central Asia Regional Economic Cooperation CC Civil Code of the Republic of Tajikistan DF Dekhan Farm DMS detailed measurement survey EA executing agency FGD focused group discussions Ha Hectare HH Household ID identity cards IM independent monitor Kg Kilogram LAR land acquisition and resettlement LARP land acquisition and resettlement plan LC Land Code of the Republic of Tajikistan LS lump sump M&E monitoring and evaluation MBTI Mezhraion (inter-district) bureau of technical inventory MOT Ministry of Transport NGO non government organization PIU Project implementation unit PLU primary land users PPTA Project preparatory Technical assistance PSA poverty and social assessment RoW right of way Sl serial number SLU secondary land user TJS Tajikistan somoni (currency) ToR Terms of reference
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DEFINITION OF TERMS
Compensation means payment in cash or kind for an asset to be acquired or affected by a Project at replacement cost at current market value.
Cut-off-date means the date after which people will not be considered eligible for compensation, i.e. they are not included in the list of APs as defined by the census.
Dekhan Farm means farms, usually midsized, that are legally and physically distinct from household plots, for which full user rights but not ownership is allocated to either individuals or groups. Regulations concerning Dekhan farms in Tajikistan are laid out in the Law No. 48 on Dekhan Farms, dating from 2002.
Detailed measurement survey means the detailed inventory of losses that is completed after the fixed road alignment for the LARP Part I and detailed design and marking of Project boundaries on the ground for the LARP Part II.
Affected persons (APs) means all the people affected by the Project through land acquisition, relocation, or loss of incomes and includes any person, household (sometimes referred to as Project affected family), firm, or public or private institution. APs therefore include; i) persons affected directly by the road corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the Project impact; (iv) persons who lose work/employment as a result of Project impact; and (v) people who lose access to community resources/property as a result of the Project.
Encroachers mean those people who move into the Project area after the cut- off date and are therefore not eligible for compensation or other rehabilitation measures provided by the Project.
Entitlement means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, which are due to APs, depending on the type, extent and nature of their losses, and which suffice to restore their social and economic base.
Hukumat This is the District administration
Inventory of losses means the pre-appraisal inventory of assets as a preliminary record of assets to be affected or lost as a result of the Project
Jamoat This is the Sub-district administration under each District Land acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation.
Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant, i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s safeguards explicitly states that such people cannot be denied compensation.
Oblast a Region in Tajikistan
Poor means households falling below the monthly income of TJS 1020/- (per household per month)1.
Presidential Land means land for which use rights have been allocated by Presidential Decree but ownership remains with the state.
Replacement cost means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or equivalent in kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged.
Reserve Fund Land means land owned by the state and controlled by the district administration that may be rented, mainly for agricultural use.
Sharecropper means the same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest.
Significant impact means 200 people or more will experience major impacts, which are defined as; (i) being physically Affected from housing, or (ii) losing ten per cent or more of their productive assets (income generating).
Vulnerable means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholding of five acres or less).
1 A poverty line of TJS 181 per month is used. This is derived from the poverty line of US$41 / month provided by the World Bank Country Brief for Tajikistan 2009 and an exchange rate of 4.41 TJS/US$.
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EXECUTIVE SUMMARY
1. Description of the Project. The Republic of Tajikistan has received Grant 42052 from the Asian Development Bank (ADB) for implementing CAREC Corridor 3 (Dushanbe– Uzbekistan border) Improvement Project (the Project). The civil works funded under the Project comprise the upgrading of the existing road section from West Gate to Tursunzade to a 4-lane road including road widening, minor realignment and improvements, upgrading the existing 2- lane Tursunzade to the Uzbekistan border and improvement of facilities at Dusti Border Post.
2. Scope of the Land Acquisition and Resettlement Plan, Phase I (LARP I). LARP I is prepared by the Ministry of Transport of Tajikistan (MOT). It addresses the land acquisition and resettlement impact associated with the Project, and provides an assessment of compensation to the affected persons and Affected households, due under the Tajikistan law and according to ADB requirements on Involuntary Resettlement as embedded in the ADB's Safeguards Policy Statement (2009). The civil works will be procured through a design-build contract. Land Acquisition and Resettlement for the Project will be prepared and implemented in two phases. The first phase of the LARP (LARP I) corresponds to four road segments for which the road design corridor/alignment was finalized before the award of the civil works contract, based on the preliminary design. It covers 36.26 km of the road, whereas the entire length of the road is 57 km. The implementation of LARP I is expected to commence two months before the award of the civil works contract, to enable the contractor to commence the construction works as soon as it prepares the detailed design for the four road segments listed in the following table.
Table E.1 Road Segments Included in LARP I
Road Length Site handing LARP From (km) To (km) segment (km) over stage phase 1 7+550 14+120 6,57 2 1 2 17+060 21+500 4.44 2 1 3 26+500 34+000 7.5 2 1 4 43+800 61+550 17.75 2 1 TOTAL 36.26
3. Scope of the Land Acquisition and Resettlement Plan, Phase II (LARP II).The second phase of the LARP will correspond to the remaining segments of the road for which the design corridor and the road alignment was not finalized before the award of the civil works contract. It will be prepared after the award of the civil works contract, when the contractor finalizes the remaining road alignment. LARP II will cover the remaining 20.74 km of the road.
4. Compensation entitlements. The APs in the Project are entitled to various types of compensation and resettlement assistance to help in restoring their livelihoods to the pre- Project levels. All APs are eligible for compensation and rehabilitation assistance, irrespective of their land ownership status, to ensure that those affected by the Project shall be at least as well off, if not better off, than they would have been without the Project. The compensation packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.).The above provisions are summarized in the following table:
Table E.2 Compensation Entitlements Matrix
Assets Affected Persons Entitlements
An allowance for loss of land use rights in cash equal to 5 years of Individual land-use Agricultural land: the gross income of the affected annual crops land at market rate or rights holder All losses to 1 year of gross income of affected fruit trees land at market rates. irrespective of impact severity Cooperative land An allowance for loss of land use rights in cash equal to 5 years of holder the gross income of the affected land at market rate
Provision of alternative land or rehabilitation cash allowance for loss Residential/ Residential rights of land use rights equal to the current land lease rates multiplied by commercial land holder 25 years ($2.5 per m2)
Cash compensation at replacement rate for affected Houses and All relevant APs. structure/other fixed assets free of salvageable materials and structures transaction costs. All buildings will be compensated in their entirety House/building Renter/leaseholder Rental allowance in the form of 1 to 3 months rent in cash rent Crop compensation in cash equal to 1 year of the gross income of Income from crops All APs affected land at market rate. This shall apply whether the land is fallow, or under cultivation.
Cash compensation for wood trees based on volume of wood
Income from trees All APs Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production
Business Owner: Cash compensation for lost income up to 1 year’ (if income is permanent) or cash compensation for the period of business All APs (including Business or interruption (if the loss is temporary). The compensation is assessed at informal settlers) employment loss; actual income as per tax declaration or if taxes have not been paid at temporary or the maximum non-taxable income. permanent Permanent Indemnity for lost wages for business stoppage of up to 1 year worker/employers Allowance for All severely APs One severe impact allowance equal to the net market value of severe impacts the harvest from the affected land for 1 year (inclusive of winter (More that 10% of and summer crop) and in addition to the standard crop income loss or compensation or one cash contribution equal to 6 month’s official affected by minimum salary relocation) Relocation Provision of sufficient allowance to cover transport expenses and basic All relocated APs allowance livelihood expenses for the transitional period
Communal/ Public Rehabilitation/substitution in kind or cash at replacement cost of
assets affected items and rehabilitation of their functions
APs below poverty Employment priority in Project-related jobs Vulnerable APs line, households headed by women Cash contribution equal to 2 month’s official minimum salary.
5. Impact Summary. In total, 1,744 persons, comprising in total 218 households, will be affected during the first phase of the land acquisition and resettlement activities. The number of
12 affected persons is estimated based on the socioeconomic survey findings published in the Draft LARP according to which a household consists on average of 8 persons. Of all affected households, 45 are headed by women. Around 63% of all affected households will loose some agricultural land while the rest will have some of residential or business land and structure losses. Only two homes and one business have to be relocated during the implementation of LARP I. A bit less than one third of all affected households are entitled to the vulnerability allowance of two months of the minimum salary. A summary of impacts expected during the implementation of the LARP I is outlined in the following table.
Table E.3 Land Acquisition and Resettlement Impacts Summary Road Road Road Road Effects on community land, Unit Segment Segment Segment Segment Total buildings and facilities 1 2 3 4 Affected households' agricultural Number 5 62 41 30 138 land Affected households' residential / Number 18 12 15 36 81 commercial land Affected area of households' m² 21,225 31,895 55,900 41,024 150,044 agricultural land Affected area of residential / m² 2,045.26 1,155.10 3,064.44 720.50 6,985.30 commercial land Affected buildings Number 34 17 14 13 78 Multi- storey buildings m3 - 451.44 - - 451.44 Single floor cement buildings m3 201.33 180.50 - 27.50 201.33 Single floor burnt bricks buildings m3 676.38 133.92 624 - 1,300.38 Single floor mud bricks buildings m3 84.66 160.00 - 33.00 84.66 Single floor mud walls buildings m3 96 105 327.60 192.00 423.60 Sheds m² 166.50 83 54 55.50 220.50 Outbuildings (toilets, barns, cattle m3 1,113.02 298.02 397.25 336.02 1,510.27 barns, etc.) Affected walls, fences and other Number 19 16 17 31 83 miscellaneous items Concrete walls m3 56.68 37.89 41.53 49.21 185.31 Cement blocks wall m3 70.65 22.06 71.35 67.88 231.94 Burnt bricks wall m3 - - - 2 2 Mud-bricks wall m3 17.54 28.28 3.45 18.26 67.53 Mud wall m3 79.90 14.40 175.94 270.24 Wire netting fences m² - - 80.40 10.00 90.40 Metal sheet fences m² - - 96 52.80 148.80 Concrete surfaces m3 16 - - - 16 Ovens Number 2 - 1 - 3 Number of business lost Number 2 3 2 2 9 Severely affected households Number 21 15 18 54 Households to be relocated Number - 1 1 - 2 Businesses to be relocated Number - 1 - - 1 Vulnerable households Number 1 30 17 21 69 Total affected households Number 26 81 57 54 218 Total Affected Persons Number 208 648 456 432 1,744
6. The overall compensation and other related resettlement costs due to LARP I amount to TJS 2,290,736.00. This amount includes 5% contingency to cover the cost of eventual complaints or any other costs that may arise during the implementation. The total budget for both phases of LARP is estimated at TJS. 7,403,062. This amount includes the finalized cost of LARP I and a cost estimate of LARP II.
7. Public Consultations. Consultations with the affected persons and other major stakeholders were conducted at various stages of the Project preparation. Consultations with affected people conducted during the preparation of LARP I dominated by discussions on methodology for evaluation of affected assets, compensation entitlements and LARP implementation phases. During the preparation of the Draft LARP and final LARP I, the following activities involved consultations at various levels:
1. a screening survey, 2. land census survey, 3. socio-economic survey and 4. targeted consultation meetings with Affected persons and local stakeholder organizations, government officials and individuals 5. informal consultations with each affected person 6. consultations with agencies involved 7. wide consultations with affected people
8. Grievance Redress Mechanism. The EA established the grievance mechanism for complaints in both resettlement and construction period. During the resettlement period, Affected persons have the right to file complaints and/or queries on any aspect of land acquisition compensation and resettlement at three levels: first to the Grievance Redress Committee, second to the Resettlement Working Group Committee in MOT, and finally, if no solution is reached, the affected person can submit her/his case to the court. During the construction period, all persons living along the Project road whether or not affected by resettlement may claim damages for losses of property due to the Contractor’s construction activities or design, under the third party insurance policy that will be provided by the contractor in the joint names of the contractor and the employer.
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1. INTRODUCTION 1.1 General
9. The Republic of Tajikistan has received Grant 42052 from the Asian Development Bank (ADB) for implementing CAREC Corridor 3 (Dushanbe–Uzbekistan border) Improvement Project (the Project). The civil works funded under the Project comprise the upgrading of the existing road section from West Gate to Tursunzade to a 4-lane road including road widening, minor realignment and improvements, upgrading the existing 2-lane Tursunzade to the Uzbekistan border and improvement of the infrastructure and facilities at Dusti Border Post.
10. The Land Acquisition and Resettlement Plan, Phase I (LARP I) is prepared by the Ministry of Transport of Tajikistan (MOT). It addresses the land acquisition and resettlement impact associated with the Project, and provides an assessment of compensation to the affected persons and Affected households, due under the Tajikistan law and according to ADB requirements on Involuntary Resettlement as embedded in the ADB's Safeguards Policy Statement (2009).
11. The civil works will be procured through a design-build contract. Land Acquisition and Resettlement for the Project will be prepared and implemented in two phases. The first phase of the LARP (LARP I) corresponds to four road segments for which the road design corridor/alignment was finalized before the award of the civil works contract, based on the preliminary design. The implementation of LARP I is expected to commence two months before the award of the civil works contract, to enable the contractor to commence the construction works as soon as it prepares the detailed design for the four road segments.
12. The second phase of the LARP (LARP II) will correspond to the remaining segments of the road for which the design corridor and the road alignment were not finalized before the award of the civil works contract. It will be prepared after the award of the civil works contract, when the contractor finalizes the remaining road alignment.
13. MOT formed a Working Group for land acquisition and resettlement planning in March 2009 to establish an appropriate methodology for determination of a fair compensation for the loss of assets. The Working Group is headed by the first deputy Minister, MOT and it includes representatives from the National Management, Geodesy and Mapping Agency, the State Unitary Enterprise “Research and Planning–Surveying Institute; and representatives of the Hukumats of Rudaki, Gissar, Shakhrinav and Tursunzade Rayons.
14. The Hukumats representatives participated in the preliminary survey of Affected persons and their assets from October and December 2009 and issued notices of cut-off dates relating to registration of affected assets, in November 2009. Copies of these notices are included in Appendix 4.
15. Representatives of Hukumats, the Agency on Land Management and Geography, the State Committee on Investment and State Property Management of the Republic of Tajikistan, the team of resettlement specialists conducted a detailed measurement and evaluation of the affected assets from November 2010 to January 2011.
16. The final updated LARP will be translated into Russian. A leaflet/pamphlet containing a brief description, eligibility criteria, the entitlement matrix and implementation schedule was distributed to all AHs and APs by the representatives of MOT (refer to (Appendix 3).
1.2 LAR-Related Project Implementation Conditions
17. Based on ADB safeguards requirements and practice Project implementation will be subjected to the following LAR-related condition:
Commencement of Civil Works: Conditional to the satisfactory implementation of the final LARP to be vouched for by a compliance report prepared by the IM.
1.3 Scope of LARP I
18. LARP Phase I corresponds to four longer road segments that will be handed over to the contractor 60 days after the commencement of the civil works contract. The finalization of the road design corridor/alignment for these segments before the award of the contract enabled a precise measurements of assets affected by the resettlement and finalization of the LARP I. (Table 1) The list of road segments for which the design corridor was finalized and which were included in LARP I is shown in the following table. A schematic representation of the parts of the site included in LARP I and LARP is given in Appendix 12.
Table 1.1 Road segments included in LARP I
Road Length From (km) To (km) segment (km) 1 7+550 14+120 6,57 2 17+060 21+500 4.44 3 26+500 34+000 7.5 4 43+800 61+550 17.75 Total 36.26
19. The Project Management Consultant will assist MOT to finalize LARP II during the design phase of the civil works (design-build) contract. The general conditions of the civil works contract contain the provision that, under the terms of ADB Grant, the contractor must not commence the phase 2 of the civil works until LARP II is finalized, approved by the Government of Tajikistan and ADB, and implemented according to the set guidelines and requirements.
1.4 Project Road Description
20. The Dushanbe–Tursunzade–Uzbekistan border road traverses the districts, or Rayons of Rudaki, Gissar, Shakhrinav, and Tursunzade, in this order as the road moves west from Dushanbe down the Gissar valley. The total length of the road is 61.5 kilometers (km). The road heads west, south-west from Dushanbe to the Uzbekistan border in eastern Uzbekistan. It is the main route for road traffic and transported goods to Uzbekistan and Turkmenistan from Dushanbe and the southern regions of Tajikistan including agricultural produce from the Gissar valley. It is the vital trade route for most Tajik imports and exports to and from the port of Bandar Abbas in Iran.
21. Consideration of the mid-point traffic volumes, levels of service and the environment through which the road passes lends to dividing the road into five sections/packages for design
16 and implementation purposes. These road sections are (1) Avicenna Monument to West Gate, (2) West Gate to Gissar Junction, (3) Gissar Junction to Shakhrinav roundabout, (4) Shakhrinav roundabout to Tursunzade Junction and (5) Tursunzade Junction to the Uzbekistan Border. The summary details of various road sections are described in following table. Project location map is shown in the Figure 1.
Table 1.2 Project road sections
Particulars Section 2 Section 3 Section 4 Section 5
Gissar Shakhrinav Tursunzade to Name of the West Gate to Junction to to the Uzbekistan Section Gissar Junction Shakhrinav Tursunzade border Length 13.9 km 20.7 km 10.6 km 11.7 km Type of (four-lane (four-lane (four-lane (two-lane - Construction widening) widening) widening) reconstruction) 1. Rudaki 1. Gissar Rayons 1.Tursunzade 1.Tursunzade 2.Gissar 2.Shakhrinav 1.Navobod 2.MirzoRizo
1. Choryakkoron 3.Dehqonobod 1.Qaratogh 1. Gharav Jamoats 2. Khonaqo 4.Chuzi 2.Seshanbe 2. Navobod 5.Sabo 3. 1st May 6.Selbur 7.Shakhrinav
22. Summary of Impacts. Widening will take place for Section 2 (West Gate to Gissar Junction), Section 3 (Gissar Junction to Shakhrinav) and Section 4 (Shakhrinav to Tursunzade), which will require additional land acquisition and resettlement. Section 5 (Tursunzade to the Uzbekistan border) will comprise rehabilitation and improvement of the existing two lane road, and requires land acquisition and resettlement at certain points.
Figure 1 Project Location Map
1.5 LARP Background
23. The preparation of the LARP for the entire Project involves the following stages:
1. Initially, Draft LARP was prepared in early 2010, based on the preliminary design prepared as part of the advanced feasibility study for the Project. It was prepared under the assumption that the whole land acquisition and resettlement process will be implemented in one stage, after the contractor completes the detailed design. Considering the time necessary for the finalization of the road alignment and detailed design for the entire road, the preparation, scrutiny and implementation of a single stage LARP would take at least 8 months after the award of the civil works contract. To enable the contractor to commence the works in 2011, during the Contract for Preparatory Procurement and Safeguard Support Services, which started in October 2010, MOT decided to finalize the road alignment on four longer road segments, based on the preliminary design. Such a ‘fixing’ of the design corridor facilitated the finalization of LARP I.
2. LARP I is based on the final measurements conducted in the period November 2010 - January 2011. The measurements were taken with reference to the fixed road alignments (road centerline and offsets). The LAR survey team comprised an international resettlement specialist, two local social specialists, a local engineer, a surveyor and additional field support staff provided by hukumats. Representatives of the responsible hukumats, Inter-district Bureau for Technical Directory (MBTI) and representatives of the Land Committees and the State Committee on Investment and State Property Management of the Republic of Tajikistan worked together with the LAR team.
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3. LARP Phase II will include the road segments for which the alignment is finalized, but which are shorter than 4.4 km as well as the other road segments, which require completed detailed design. Consequently, LARP II will be finalised only after the entire road alignment is finalized by the contractor.
1.6 Detailed Survey and Measurement Procedure
24. During the preparation of LARP I, the team measured the offsets from the fixed road centerline at cross-section points spaced at 25-50m. Where an entire structure was affected because a negligible part of land was required for embankment or another part of the road, the engineers noted the location and amended the preliminary design by adding a retaining wall or they changed the road centerline where it was practicable. Such practice saved a number of existing walls and structures along the road.
25. Each affected owner was present during the measurement of the affected assets. The owner him/herself (where it was practicable) actually measured the assets and gave the information on trees and other affected assets. Special attention was given to the recording of the affected assets. Three copies of the resettlement form were prepared for each resettlement case. The resettlement form was completed immediately after the measurements were done and in presence of the owner. When completed, the form was given to the owner for checking. If the owner agreed with the measurements, s/he signs the form. In case of disagreement, the measurement was repeated jointly with the owner. In addition, the measurement form was verified and signed by the Hukumat representative and by a local resettlement specialist (CRP Representative). Each of the signatories received one copy of the measurement form for their records.
26. Apart from the physical measurements of affected assets, the information on entitlements, rights and procedure for complains and other relevant information, were given to each affected person, regardless of the information received during the Draft LARP preparation. Photographs of each affected assets were also taken and filed with other records for each land acquisition or resettlement case
27. Every resettlement case was checked against the information included in the draft LARP. All additional cases (due to the fixed road alignment) were recorded as new cases. Conversely, if the detailed survey showed that a property that was already recorded in the Draft LARP, was not going to be affected any more, due to the precise measurement or a changed design, the owner is informed and the case taken off the list.
28. Public Consultation and Due Diligence. The draft LARP and the LARP I are prepared in consultation with the stakeholders, especially the local people. Information about the Project and the cut-off date for compensation claims were well publicized in the local media during the preparation of the Draft LARP. The assessment of losses and land acquisition is based on the feasibility study conducted during the preparation of the Draft LARP and the exact measurements of the affected assets done during the finalization of the LARP I. The district authorities have ratified the survey results.
2. BASELINE INFORMATION ON LAND ACQUISITION AND RESETTLEMENT 2.1 General
29. The Preparation of the LARP was based on an extensive Impact survey and census of the AP. The survey was concluded on November 29,2009. This date is held as the entitlements cut-off date for this LRP. This section covers the baseline information on the Project’s land acquisition and resettlement impacts.. The compensation and rehabilitation measures, and the cost estimates were prepared based on this information.
2.2 Impact Assessment
2.2.1 Agricultural land
30. The first phase of land acquisition will affect 138 land parcels of agricultural land for a total of 15 hectares. Most of the acquired land area is used for annual crops cultivation. In Table 2.1, the number of agricultural plots and affected households is shown in the same columns. It should be noted that, for practical reasons, Collective Dekhan Farms and Supportive Farms, which can be owned by thousands of persons, were counted as one household. There was a total of 10 such farms (refer to Table 2.3)
Table 2.1 Affected agricultural land by cultivation type
Segment 1 Segment 2 Segment 3 Segment 4 Total Type of No.of No. of No,of No. of No. of Area Area Area Area Area Cultivation plots/ plots/ plots/ plots/ plots/ (m2) (m2) (m2) (m2) (m2) HHs HHs HHs HHs HHs Annual 21,225 5/5 31,895 62/62 40,300 36/36 41,024 30/30 134,444 133/133 Crops Orchard - - - - 11,600 4/4 - - 11,600 4/4 Vineyard - - - - 4,000 1/1 - - 4,000 1/1 Total 21,225 5/5 31,895 62/62 55,900 41/41 41,024 30/30 150,044 138/138
2.2.2 Residential and commercial land
31. Under the first phase of the LAR, 6,985.30 m2 of residential and commercial land will be acquired for the Project, affecting 81 plots of land. The following table shows the survey and detailed measurement data of the affected properties provided by the district administration.
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Table 2.2 Affected residential and commercial land2
Road segment 1 Road segment 2 Road segment 3 Road segment 4 Total
No of No of No of No of No of Area Area Area Area Area plots/ plots/ plots/ plots/ plots/ (m2) (m2) (m2) (m2) (m2) HHs HHs HHs HHs HHs 2,045.26 18/18 1,155.10 12/12 3,064.44 15/15 720.50 36/36 6,985.30 81/81
2.2.3 Property status of affected land
32. Agricultural Land. Based on the bundle of rights granted to land users, the affected agricultural land can be categorized as (i) collective Dekhan Farms, (ii) Individual Dekhan Farms, (iii) Family Dekhan Farms, (iv) Presidential Land and (v) Supportive Farms. Dekhan Farms are those for which full user rights, but not the ownership, are given either to individuals (Individual Dekhan Farms) or to groups (Collective Dekhan Farms). Similarly, under the Presidential decree, certain persons were granted only user’s rights over the Presidential Land, but not the ownership. Supported Farms include the land provided to different government institutions for self-assistance to their members and employees.
33. Most of the acquired agricultural land belongs to Individual Dekhan Farms (60 cases) or it is a part of Presidential Land (56 plots), while the other categories are less affected. All affected land users possess legal land rights over the land that will be acquired for the project. The property status of the affected agricultural land, by road segment, is given in the following table.
Table 2.3 Affected agricultural land
Road segment Road segment Road segment Road segment Total Type of 1 2 3 4 ownership Area No of Area No of Area No of Area No of Area No of 2 2 2 2 2 (m ) plots (m ) plots (m ) plots (m ) plots (m ) plots Presidential - - 2,445 27 1,200 12 2,602 17 6,247 56 Individual 7,100 3 8,020 34 5,800 11 31,767 12 52,687 60 Dekhan Farm Family - - - - 11,900 12 - - 11,900 12 Dekhan Farm Collective 14,125 2 21,430 1 36,100 5 6,655 1 78,310 9 Dekhan Farm
Support Farm - - - - 900 1 - - 900 1
Total 21,225 5 31,895 62 55,900 41 41,024 30 150,044 138
2 As in Table 2.1, for comparison purposes, the number of agricultural plots and affected households is presented in the same columns.
34. Residential Land. Under articles 11 and 12 of the Land Code, the holders of residential and commercial land have permanent and inheritable use rights. The summary information on the extent of the affected residential and commercial land is shown in Table 2.2.
2.2.4 Annual crops
35. Wheat, Lucerne and cotton are the most frequently cultivated annual crops on the affected land. The least affected crops are potatoes and onions. More annual crops are affected on road segments 3 and 4 than on the segments 1 and 2. The distribution of annual crops on the affected land is presented in Table 2.4.
Table 2.4 Crops impacts by crop type and area and segments
Affected area (m2) Road Road Road Road segment 1 segment 2 segment 3 segment 4 Crops Total % 7.55 km - 17.06 km - 26.5 km - 43.8 km - 14.12 km 21.5 km 34 km 61.55 km Wheat - 17,13035,800 7,944 60,874 42.96 Lucerne 20,725 11,950 800 - 33,475 23.63 Onion 500 540 2,500 2,475 6,015 4.25 Vegetables - 2,225 1,000 - 3,225 2.28 Tomatoes - - 200 - 200 0.14 Potatoes - 50- - 50 0.04 Paddy - - - 7,2447,244 5.11 Cotton - - - 30,60530,605 21.60 Total 21,225 31,895 40,300 48,268 141,688 100
2.2.5 Perennial crops
36. As shown in Table 2.1, 11,600 m² of orchards will be lost on four plots and 4,000 m² of vineyards on one plot of land. In total, 283 fruit trees on residential plots will be removed in the first phase of LAR. The most affected trees are small cherries (74), grapes (44) and pomegranates (39), (Table 2.5). Trees, which could be safely replanted, were not counted as affected. The average price for 1 kg of fruit on residential and agriculture land varies for different sorts of the same fruit type (i.e. price of grapes and apples).
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Table 2.5 Fruit trees on residential' plots
Average Average Road Road Road Road yearly market Years for Affected fruit Unit segment segment segment segment Total yield value of tree trees 1 2 3 4 (kg/ per product replacement tree) (TJS/kg) Apple / Себ No 2 11 3 2 18 40 4 3 Cherry / Гелос No 4 - 12 1 17 25 5 2 Small cherry / No Олуча 26 - 42 6 74 20 4 2 Peach / No Шафтолу 1 - 1 - 2 15 5 2 Apricot / No Зардолу 3 5 8 - 16 50 2 2 Pomegranate No - - 39 - 39 25 6 2 Walnut tree / No Чормагз 19 5 10 - 34 50 6 4 Grapes / Ангур No 10 2 23 9 44 25 6 4 Mulberry /Тут No 5 3 5 - 13 30 3 2 Khurmo No 20 - - 6 26 50 1 3 Total 90 26143 24 283
37. Fruit trees on agriculture land are found only at Dekhan farms along the road segment 3 (refer to Table 2.6). In total, 231 fruit trees will be cut and removed during the phase I of LARP. The time to re-grow a new fruit tree varies from 2 to 4 years. The total yearly production loss will be 7,455 kg of fruits.
Table 2.6 Fruit trees on agriculture land
Dekhan Average Total yearly Value of 1 kg of Annual fruit value Fruit Number Years for tree farms' production production at average market to be compensated trees of trees replacement land (m²) (kg/per tree) (kg) price (TJS) (TJS) Peach 300 22 25 550 5 2,475 2 Grapes 1,400 35 25 875 5 4,375 4 Cherry 4,000 62 25 1,550 5 7,750 2 Apple 9,900 112 40 4,480 3 13,440 3 Total 15,600 231 115 7,455 28,040
2.2.6 Structures and buildings
38. The land acquisition will affect a number of residential and commercial buildings, sheds, building attachments and structures such as walls and fences. In total, 161 structures will be affected during the LARP I phase. A summary of the affected buildings by category and type for each road segment is given in Table 2.7. Information on the affected walls, fences and other miscellaneous assets is summarized in Table 2.8.
Table 2.7 Affected buildings, shops, sheds and outbuildings
Road segment 1 Road segment 2 Road segment 3 Road segment 4 Total for Affected 7.5 km - 14.1 km 17.1 km - 21.5 km 26.5 km - 34 km 43.8 km - 61.5km LARP I buildings per type Volume Volume Volume Volume Volume No No No No No m3 m3 m3 m3 m3
Multi- storey - - 451.4 1 - - - - 451.4 1
Single floor 201.3 2 180.5 4 - - 27.5 1 409.3 7 cement Single floor 676.4 3 133.9 1 624 1 - - 1,434.3 5 burnt -brick Single floor 84.7 1 160 3 - - 33 1 277.7 5 mud-brick Single floor 96 1 105 1 327.6 1 192 1 720.6 4 mud-walls Sheds/area m² 166.5 8 83 2 54 3 55.5 2 359 15 Outbuildings (toilets, barns, 1,113.0 19 298 5 397.3 9 336 8 2,144.3 41 cattle barns, etc.) Total 2,337.9 34 1,411.917 1,402.9 14 644 13 5,796.6 78
Sheds are calculated in m2, while buildings and out buildings (toilets, barns, etc.) are assessed in cubic meters (m3)
Table 2.8 Affected walls, fences and miscellaneous items
Road segment 1 Road segment 2 Road segment 3 Road segment 4 Wall, fences and Total for LARP I 7.5 km - 14.1 km 17.1 km - 21.5km 26.5 km - 34 km 43.8 km - 61.5 km miscellaneous Volume Volume Volume Volume Volume items No No No No No m3 m3 m3 m3 m3 Concrete Wall 56.7 6 37.9 7 41.5 6 49.2 11 185.3 30 Cement blocks wall 70.7 4 22.1 3 71.3 5 67.9 8 231.9 20 Burnt Bricks Wall ------2.0 1 2.01 Mud-bricks Wall 17.5 2 28.3 4 3.5 1 18.3 3 67.5 10 Mud wall 79.9 4 14.4 2 - - 175.9 5 270.2 11 Wire netting fences sq. meter - - - - 80.4 2 10.0 1 90.4 3 Metal sheet fences sq. meter - - - - 96.0 2 52.8 2 148.8 4 Concrete surfaces 15.6 2 ------15.62 Ovens 13.3 1 - - 2.0 1 - - 15.32 Total 254 19 10316 295 17 376 31 1,02783
2.2.7 Impact on community and government structures
39. During the implementation of the LARP I, two police posts, (Rudaki and Gisor), one storage building of the local Road and Communication Maintenance Department, garden walls
24 of two mosques and three cemetery walls will be affected. The police posts will be rebuilt on the remaining portions of the plots. The land acquisition will affect only marginal area of the land plots on which mosques or cemeteries are located; however, it will not affect any graves. As discussed with the district hukumats and administrators, the government will pay all cost of rebuilding/repairing the affected community structures and government facilities. Accordingly, these costs are included in the budget.
2.2.8 Impact on businesses
40. Nine businesses will be affected during the LAR I activities. These businesses are owned by 6 persons: 3 persons own a single business, and another 3 persons own 2 affected businesses, each (refer to Appendix 8). Only one person, who operates 2 businesses on a single plot of land need to be relocated and the relocation plot has been already assigned. The total area of that plot of land is 173m2 and the owner will be relocated to a land plot of 600m2.
41. The remaining 7 businesses have minor area of land affected and will be compensated on a cash-for-land basis as the remaining area of the buildings and the location allowes for shops reconstruction. The affected businesses which do not need relocation, can be restored in a relatively short time. All affected business will be compensated for the loss of income, losses due to a possible stoppage of work, resettlement costs during the transition period and transport costs, where applicable (for details, please refer to section 10).
2.2.9 Impact on employment
42. No commercial employees were identified in the Project area. All affected businesses are small-scale business and are operated by owners and family members.
2.3 Census of Affected Households/Persons
2.3.1 Total Affected Households/Persons
43. A summary of Affected households and persons is presented in the following table.
Table 2.9 Affected Households and Persons by Category and Impact
Number of Affected HHs Net Category of Impact (x impact Absolute (Without Number Remarks type) double counting) of APs A. Land
A1. Residential / Commercial land 81 81 648
A2. Agricultural Land 138 137 1,096 Sub-total (A) 219 218 1,744 B. Crops /Trees Included in A1 B1. Loss of Crop Bearing Land 176 0 - and A2 Sub-total (crops) 176 0 - C. Business/Income Losses
C1. Small business losses 9 0 - Included in A1
Sub-Total (C) 9 0 - D. Permanent Structures D1. Residential / Commercial / 78 0 - Included in A1 Community Structures Sub-total (D) 78 0 - E. Total (A+B+C+D) 218 1.744
44. The special focus of the resettlement and compensation surveys was on the woman- headed households. There are 45 affected woman-headed households and 173 affected couples’ households. The gender-segregated data by impact category were not collected separately. Assessment of impact on both, men and women, was based on the number of affected households. The rationale behind this approach was that the whole families were affected regardless of gender, age or dependency.
2.3.2 Severity of impact
45. The adopted threshold for severe impact is 10% of one year’s income. The holders of the rights to use agricultural land who lose more than 10% of their plot are deemed to be severely affected. In the first phase of the resettlement process, 51 household will lose more than 10% of their agricultural land. In case of business losses, the Affected households will receive a full year’s income and it is therefore assumed that the severity of impact is addressed by that compensation. The number of Affected households by segment is given in the following table.
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Table 2.10 Severity of impact
Number of Households Severity of Impact Road Road Road Road Total segment 1 segment 2 segment 3 segment 4 Loss of agricultural - 20 14 17 51 land >10% Relocated AP 111 3 Total 1 21 15 17 54
2.4 Impact on Vulnerable Households
46. Vulnerable households are those formed by poor people and /or headed by single women. The categorization of poor is based on the reported income data collected during the census survey. The poverty line is taken as TJS 180 per month, based on the poverty line published in the World Bank Country Briefing for Tajikistan (2009) of $ 41 per month, and an exchange rate of TJS4.41 per USD. Overall, 28 woman-headed households will be affected by LARP I. Out of these, eleven households live below the poverty line. There are 17 woman- headed households, which are, according to the set vulnerability criteria, assessed as not being vulnerable. The total number of vulnerable households in the first phase is 69. The information on vulnerable households by road segment is given in the following table.
Table 2.11 Vulnerable households
Number of Affected Households Vulnerability Road Road Road Road segment 1 segment 2 segment 3 segment 4 Total Below poverty line only - 28 15 15 58 Both woman headed and 12 2 6 11 below poverty line Total 1 30 17 21 69
2.4.1 Ethnic composition of affected households
47. The population of the entire Project area is made up of Tajik and Uzbek people. Out of the affected households, 82.4% are Tajik, 17.3% Uzbek, and 0.4% Kyrgyz. None of these groups fits the ADB definition of Indigenous People (for a more detailed explanation, refer to sub-section 4.4 of this report).
2.4.2 Family types
48. Most of the households are joint families in nature, in which parents and married children live in the same house. In such households, the senior male is usually the nominated head of the household, and is the one responsible for receiving and distributing compensation payments.
3. LAND COMPENSATION AND RESETTLEMENT STRATEGY AND ACTUAL RELOCATION NEEDS 3.1 Land Compensation Strategy
49. The legally based land compensation method that exists in Tajikistan is compensation with replacement land, or, the land-for-land compensation. The Government and the local population prefer this approach if the adjoining or nearby land to the affected plot is readily available. Furthermore, land market is almost non-existent as people rarely sell their lands. The current practice is to allocate a replacement plot of 800 m2 (600 m2 in towns) residential land to citizens affected by land acquisition especially those who have lost significant portions of their plots in land acquisition. For the land used for commercial purposes, the replacement plots may be provided in proportion with the business requirement of the AP.
50. In case of road widening, most holders of the use-rights lose very narrow strips of land. Practical difficulties therefore arise with regard to re-allocation of a new land plot. Contiguous plots with the affected land are seldom available, and the provision of a small land plot far away from the affected plot is not practicable and may not be economically justified. It has to be noted that the identification of plots available for redistribution and comparable in productivity/value to the land lost, may be difficult. Also, the elaboration of a land re-distribution scheme may be very complicated and costly. This applies not only to agricultural land but more generally also to residential/commercial land.
51. Based on the above therefore the Government agreed that for this project Land could be (with a few exceptions detatiled below) compensated in principle in cash. Extensive work was done to justify and operationalize through specific arrangements this new practice which is supported by the precedents of specific Projects such as the Tajikistan-Afghanistan Border transmission line.
52. Beside the need to justify the new practice another challeng was presented by the need to find a legally acceptable methodology for the monetary valuation of the affected Land at replacement costs. This was so because no Tajikistan law/by-law has prescriptions in tis sense and because in the Country there are no official land markets. The issue was easier to solve for agricultural land where replacement value can be derived based on the productive potential of the affected plots but was more complex for residential/commercial land, which is usually prices based on market value anabsence of land markets a different approach had to be found. The two approches chosen for agricultural and residential/commercial land are described in the next sections. . During the Project preparation, several options were considered including paying for land at tax rates, or The valuation approach adopted for the Project for agricultural, residential and commercial land is discussed in the following sections.
3.1.1 Compensation and valuation for the loss of agricultural land
53. The agreed agricultural land valuation mechanism for the Project is based on an assessment of the productivity, or income generation capacity of the affected plots. Valuation is made by considering the value of the product of the land for a period sufficiently long to guarantee the rehabilitation of the affected persons. The critical point in determining the period is that the level of compensation must be sufficient to re-establish livelihood of the APs. The period selected is 5 years at gross market value (inclusive of inputs and labor) of the yearly
28 produce of annual crops land.3 Such a formula provides a solid capital that the APs can invest to improve the land remaining to them and it can represent land replacement cost.
54. As the land affected by the Project is assigned to the land users based on different types of land-use rights some are individual others are collective) the issue of who was the beneficiary of the compensation for each type of land-use right category had to be elaborated. Details are provided below:.
• Individual Dekhan Farms belong to individuals and compensation for any type of affected assets belongs to the individual owner. Accordingly, compensation for affected agricultural land is provided to the owner.
• Family Dekhan Farm: Under this category of farm ownership, the land is provided to families which make all decisions on farm use, and any type of compensation or entitlements provided to such farms. In such cases, the head of a family (to whose name the farm is registered) will receive the compensation entitlements. In such cases, it is not possible to interfere into family decision-making processes and require equal distribution of compensation among all family members. However, the whole family uses same assets whether it is a house, a building or a farm.
• Collective Dekhan Farms are larger farms that include land, buildings, machinery and other resources belonging to a group of people. Each member of a collective Dekhan Farm has equal rights and responsibilities within the farm and is entitled to equal share of all farm assets. All decisions are made collectively at monthly or any other meetings of the farm’s members. Any individual or a group of individuals within the collective Dekhan Farm has the right to establish their individual or a smaller collective Dekhan Farm. However, these kind of issues have to be formally discussed by the farm members at a general meeting. Such individuals/groups have the right not only to land but also to other assets of the collective farm, such as machinery, buildings, funds, etc and their share is divided at the general meetings. Any compensation payable to a collective Dekhan Farms, as any other asset, belongs to all members who have equal share of the compensation. The received amount of money will be distributed among the members of the Dekhan Farms or invested in the farm development, depending on the collective members’ decision.
• Supportive Farms include the land provided to different government institutions regulated by special rules and use requirements. In some cases such land plots are used by employees of these institutions for cropping and supporting the institution and people’s own livelihoods but without any ownership rights. It means that when an employee leaves institution, his/her rights and responsibilities for the use of such lands end. The compensation for the loss of land in this category is provided to the institutions which own the land of a supporting farm.
3 In absence of available market prices for agricultural land, it is difficult to determine whether the land use rights allowances actually correspond to land replacement cost, which is the ADB SPS policy provision ensuring the AP's rehabilitation. For the Project, AP rehabilitation is pursued by providing 5 and 1 years of income for annual crops land and perennial crops land, respectively. The methodology used is based on undiscounted gross income (which with productive expenses estimated at 50% of the land annual income is assumed to be the double of the annual profit). These amounts provide the APs with a capital which can be reinvested in their remaining land or in other investment opportunities. Considering that all APs will retain most of their plots and that their livelihood is not threatened, this capital is deemed sufficient to allow for the full rehabilitation of the agricultural land losses caused by the Project.
3.1.2 Compensation and valuation for the loss of residential/commercial land
55. The valuation of these land categories presented particular challenges as residential and commercial land has no intrinsic productive value. Various options were considered. One was to hire independent assessors to devise an acceptable valuation methodology but was then discarded because too complicated and difficult to apply legally in the context of the Project. Most of the independent assessors available in the country focus on mass valuation for taxation purposes and for the establishment of lease payments. Another option considered was to compensate this land as agricultural land planted with a standard crop plus the replacement value of improvements such as house embankment water supply and electricity supply. Also this option was consired unsatisfying and un-fitting the principle of replacement cost. A final option was considered and agreed as an interim measure with the Land Committee. This is that when losses of residential/commercial land are too small to be practically compensated via replacement plots cash compensation could be provided. In absence of official market rates the valuation methodology agreed considers the annual lease value of the land and based on international standards on the average number of years of lease payments necessary to pay for the asset. Based on this approach the users of residential/commercial land will be paid the current lease rate project areas ($1,000 per hectare) multiplied by 25 years,4. This compensation corresponds to a unit rate of $2.5 per m2.
56. This compensation approach was explained to and discussed and agreed with the affected persons during the community consultations held in each Rayon before the finalization of LARP.
3.2 Relocation Strategy
57. The resettlement strategy formulated for the Project is based on different principles for losses of agricultural/orchard land and for losses of residential/commercial land.
3.2.1 Agricultural Land
58. The compensation of this type of land is based on cash compensation only. This approach has been chosen since the unit impacts are too small to justify both logistically and economically the provision of replacement plots.
3.2.2 Residential/commercial Land
59. For this type of land the main compensation strategy is plain cash compensation. However, in a very few cases, where relocation of the occupants of these plots is necessary a, land for land compensation approach with serviced relocation plots has been adopted. The relocated families will also be paid a cash allowance for the resettlement costs and other related entitlements. This strategy responds to the need of minimizing resettlement as much as practicable. The affected households losing a house or a shop and retaining enough space in the original plot to rebuild their buildings will not be relocated. In such cases, the affected household will reconstruct their lost buildings in the old plot and receive compensation in cash for the section of the plot lost..
4 The allowances for the loss of residential land based on 25 years of rental income. This reflects the average rental income period needed to recover the full value of land in most countries of the world.
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Only APs who will not have enough land left to rebuild their houses/shops on the same plots after land acquisition, will be relocated.
60. The households that will not have enough space in the original plot to reconstruct their buildings and will be relocated will be provided with replacement plots of 600 m2 ()for residential houses) and of variable area fitting actual needs (for shops). This is the best compensation option, as in project areas there is hardly any free residential/commercial land on sale. The Hukumats will allocate the replacement plots to the APs in their original settlement; commercial plots will be along the road. Expenses for the relocation of utilities, land clearing/filling, sanitation and land registration will be paid by the Project. The AH provided with replacement plots will be allowed to retain use-right on their non-affected portion of their old plot for small-scale roadside livelihood activities.
3.3 Detailed Resettlement Scheme for Residential and Commercial Land
3.3.1 Cash compensation without relocation
61. Seventy three (73) residential and 5 commercial land plots hosting 7 businesses, affected by land acquisition will be compensated based on the cash-for-land principle because the affected individual land areas are too small to be compensated on a land-for-land basis and because this will mitigate resettlement. Details on these plots are provided below in Table 3.1.
Table 3.1 Affected residential/commercial land (cash for land compensation)
No of HHs Land Total affected Cost TJS/ Total category area (m2) m2 compensation TJS 73 Residential 6,031.05 11 66,341.55 5 Commercial 185.25 11 2,037.75 Total 78 6,216.30 68,379.30
3.3.2 Compensation via Land for Land arrangements and Resettlement
62. Only 3 households will be relocated and receive a replacement plot..These are 2 households with a residential house and 1 household with a business/shop (see table 3.2). In two cases, the affected persons will receive significantly larger new plots, while one household will receive a replacement plot of the same size as the affected plot. Overall, for the 813 m2 of the affected land, the Project will compensate the affected persons with 1,800 m2 land.
Table 3.2 Land for Land Compensation (AH number and plots comparison)
No of HHs Land Road Size current Affected Size replacement plot category segment plot (m2) area (m2) (m2) Case 1 Residential 2 147 40 600 Case 2 Residential 3 600 600 600 Case 3 Commercial 1 173 173 600 Total 920 813 1,800
63. The replacement plots to all three households are provided in the newly built village in Khirmanak area of Khonakhoh Jamoat in Gissar district. The plan of the replacement plots is given in Figure 3. The relevant original and translated letters from the local authorities are provided in Appendix 13.
Figure 3 Plan of the Replacement Plots in Gissar District
LEGEND (English translation of the legend to the general layout of the newly built village)
A – Parking area Б – Playing (sport) ground
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В - School Г – Medical point Д – Public (communal) Center Е – Allocated land area for the resettled businesses К - Kindergarten И – Garbage disposal point Л – Tea place (canteen) М – Electricity supply transformer Н – Garbage disposal point ‐‐‐ Location of replacement plots each 600 sq. meter provided for the affected households loosing residential plots.
64. The village is well planned and the plots have easy access to basic services. In addition, the village has a parking area, sports ground, school, medical post, kindergarten, community center, canteen and garbage disposal place. Each replacement plot will be provided with all necessary services as electricity, water-pump and sanitation facilities. All AP received an offer for the replacement plot and signed an acceptance of the offer (refer to Appendix 14).
65. Plots Preparation Costs. Table 3.3 summarizes the preparation cost for the 3 plots.:
Table 3.3 Plot preparation cost
Service Cost/plot (TJS) Total for all three plots Electricity 900 2,700 Water-pump 1,350 4,050 Septic tank 1,350 4,050 Total 3,600 10,800
66. Plots Preparation Schedule. All three plots are already prepared and the services will be connected/prepared within 4 weeks from the approval of LARP I by the Government and ADB.
4. SOCIO ECONOMIC PROFILE OF THE AH 4.1 General
67. Socioeconomic survey was conducted during the preparation of the Draft LARP. The data collected by the survey and its findings were reported for the entire Project area. In order to enable the contractor to commence the works in 2011, during the implementation of the Contract for Preparatory Procurement and Safeguard Services, it was decided that the Employer acquires and hands over the land for the Site to the Contractor in two stages. The particulars of the Site for each stage are stated in the Site Handing Over Schedule that will become part of the contract with the Contractor. For this reason, LARP was divided into two separate phases, which correspond to the stages of the handing over of the Site. However, the findings of the socioeconomic survey cannot be separated into the two phases of the LARP. Therefore, the following socioeconomic analysis refers to the entire affected population living along the Project road and it is common to both phases of the LARP.
68. The socio economic analysis of the affected households is based on a sample survey undertaken between January and April 2009. In addition to the demographic and social data collected during the census survey, socio-economic information was collected from APs through a structured socio-economic questionnaire. At the time of the survey, which preceded preliminary design, 430 households were identified as potentially affected. After the completion of the feasibility study, the impact corridor was narrowed and the number of APs was reduced to 377. The original survey sample, however, was retained as it broadens the survey database.
69. However, the final measurements done for the road segments during the preparation of LARP I and preparation of the Draft LARP II, (November 2010-January 2011), reveals that in total, 419 households will be affected along the Project area. The first phase of LARP includes 218 affected households. The second phase of LARP includes 144 households along the road segments where the exact measurements are finished, and 57 households on the road segments for which the extent of the resettlement will be determined after the detailed road design is completed.
4.2 Socio Economic Details
70. The following section deals with various socio economic indicators of the households and the findings of the socio-economic survey.
4.2.1 Sources of income
71. About 26% of the surveyed families stated that agriculture is their main economic activity. Business and trade are the main economic activities for 12% of the households and another 13% of the surveyed depend on white-collar jobs, such as work in the Government sector. Approximately one third of the surveyed households (32.3%) reported other activities as their major economic activity. The details are given in the following table:.
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Table 4.1 Major economic activities of affected households
Major Economic Activities Total No. of Households Percent
Agriculture 112 26 Agricultural labor 30.7 Small enterprise 25 5.8 Government 53 12.3 Business and trading 51 11.9 Transport/taxi 23 5.4 Daily Wage 24 5.6 Others 139 32.3 Total 430 100
4.2.2 Landholding status
72. The overwhelming majority of the surveyed households (95%) in the Project area possess land, while the remaining 5% are landless. The total area of landholdings of the 406 surveyed households is 539.03 hectares (the average landholding is 1.32 hectares). About 94% of the land is cultivable. Average cultivable land holding is 2.76 hectares and the average of uncultivable land holding is 0.64 hectares.
Table 4.2 Types of landholding
Type of land Total holding (Hectare) Average holding (Hectare) Cultivable (irrigated) 463.83 1.29 Cultivable (non-irrigated) 43.71 1.47 Non cultivable (Irrigated) 22.04 0.08 Non cultivable (non Irrigated) 9.52 0.56 Total irrigated land 485.8 1.19 Total non irrigated land 53.23 1.33
4.2.3 Major cropping pattern
73. Vegetables and wheat are the major crops in the Project area. About 69% of the households reported vegetables cultivation, and 33% cultivate wheat. Other crops such as rice are cultivated by 11% of the households, maize by 10% and cotton is reported by 8% of the households. Cotton is mostly cultivated in the area by a small number of larger concerns.
Table 4.3 Major cropping pattern Crop No of households Percentage Average yield (kg) Wheat 142 33.00 1,213.00 Rice 48 11.20 934.30 Maize 43 10.00 2,057.80 Vegetables 296 68.80 735.80 Cotton 33 7.60 4,899.60 Others 75 17.40 221.80
4.2.4 Household income
74. Agriculture is the highest contributor to the annual income (TJS 27,798), followed by business contribution with average of TJS 13,217.80 per year. The overall average annual income of the households along the Project area is TJS 10, 871.53.
Table 4.4 Household income
Sources of income Average income (TJS)
Agriculture 27,798.00 Service 6,964.10 Business 13,217.80 Labour 8,188.90 Professional 6,555.90 Pension 1,661.80 Any other 11,714.30 Total average 10,871.50
4.2.5 Household expenditure
75. The total average annual household expenditure is TJS18, 562.5. People spend the highest amount of money on food (43.43%) followed by clothing, transportation, agricultural produce, and health.
Table 4.5 Household expenditure
Average annual Expenditure Percentage amount spent (TJS) Food 8,062.60 43.43 Transportation 1,733.75 9.34 Clothing 2,082.98 11.22 Health 1,144.26 6.16 Education 592.87 3.19 Communication 551.39 2.97 Social functions 778.29 4.19 Agriculture (seeds, hiring farm implements etc.) 1,683.94 9.07 Fuel for household 978.02 5.27 Electric Bill 362.35 1.95 Others 592.06 3.19 Total Average 18,562.51 100
4.2.6 Poverty
76. The average size of the surveyed households is 8 persons. Based on the poverty thresholds published by the World Bank for 2009 ($41/month), a household of this size would need the minimum annual income of TJS 20,300 to stay beyond the poverty line. Based on the
36 reported income data provided by individual households during the survey in October– December 2009, 52% of the households were identified as poor. This is comparable with the poverty headcount data for the region available from the State Statistical Committee.
77. The assessment is based on 2000 census data and the living standards survey conducted by the World Bank in 2003, which gives the following poverty headcount data for the Project districts: Rudaki –40 to 50%, Gissar – 20 to 30%, Shakhrinav –30 to 40% and Tursunzade –30 to 40%. It is likely that during the surveys, many respondents reported approximate income data, which do not reflect the actual household income over the year.
4.2.7 Household assets
78. Most of the surveyed household reported livestock as their assets. Around 63% of the households possess sheep and goats, 29% has donkeys, 10% poultry and only 3.5% have cows and buffalos. Possession of durable goods differs from household to household depending on the nature of the durable goods. At a minimum, most households possess a television set and an LPG connection. Refrigerators and radios are owned by nearly half of the households. A very small number of households have assets such as computer (8%) or refrigerator (11%). About 50% of the households possess a car.
Table 4.6 Household assets
No. of Item Percentage Households Radio 206 47.9 Bicycle 121 28.1 Television 417 97 L.P.G connection/ gas cylinder 368 85.6 Computer 34 7.9 Refrigerator 201 46.8 Washing Machine 86 20.1 Motor cycle/Scooter 92.1 Car 216 50.2 Air Conditioner 46 10.7 Sheep and Goats 271 63 Poultry 44 10.2 Donkey 124 28.9 Large Animals (Cows/Buffalo) 15 3.5 Total 430 100
4.2.8 Indebtedness
79. Indebtedness among the households in the Project affected area is a common occurrence. About one third (32.6%) of the households stated to have taken loans in the previous year. The loans have been obtained from different sources for various households’ needs. Few households receive benefits from government assistance schemes. Only 12 households out of 430 included in the survey reported that they participate in or receive benefits from such schemes.
4.2.9 Access to health centers
80. Some 97% of the households stated that they have easy access to health centers. Over a third of them have a health centre within 1 km. Only 5.8 % of the respondents must travel more than 10 km to reach a health centre. The average home-health center distance is 3.7 km.
Table 4.7 Distance of the health centre
Distance Number of Households Percentage Within 1 km 142 34.1 1.1 to 2 km 87 20.9 2.1 to 3 km 63 15.2 3.1 to 5 km 44 10.6 5.1 to 10 km 56 13.4 more than 10 km 24 5.8 Total 416 100 Average distance 3.7 km
81. About 42% of the surveyed reported that a household member suffered from a major illness in the year preceding the survey, whereas 58% did not face any major illnesses.
4.2.10 Migration pattern
82. Temporary migration for work is equally prevalent in the Project influence zone. About 43% of the surveyed households reported that the household members seek work away from home. Most workers who work away from home do so outside the country. About 97.3% of the migrant workers migrate out of Tajikistan, while only a small percentage of respondents (2.7%) migrate within Tajikistan, but outside their district.
83. The majority of the respondents migrate as non-agricultural laborers (48.9%) followed by trade and business workers (6.5%). Agricultural migrant laborers comprise the smallest percentage of migrant workers (1.7%). Earners from about 45.6% of the households migrate every alternate year in search of work and 31.52% migrate once a year. It was also found that earners from about 18.5% of households migrate as and when required to seek job opportunities, and members of a few (3.3%) households migrate once in every three years.
84. Migration between June and August is very high in the Project area. Out of 184 households, 136 households (73.9%) reported migration during this period. Migration rates between April and May and in the winter, between December and February do not differ significantly (11.9% and 14.1% respectively).
Table 4.8 Types of jobs
Jobs No of Households Percentage Agricultural laborers 3 1.7 Non agricultural laborers 90 48.9 Trade & business 12 6.5 Others 79 42.9 Total 184 100
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85. The average household income is TJS1,139.46 per month as reported by the 142 households, where family members migrate for work. The rest of the households were unable to provide any information on the actual income received from members who work away from home.
4.2.11 Education and literacy
86. The reported literacy is 100%. Among respondents, 66% of females and nearly 50% of males attended secondary schools. Approximately 23% of males and 6% of females completed higher education at college/university level.
Table 4.9 Literacy status
Male Female Total Education No % No % No % Pre-school 394 19.4 349 18.6 743 19 Primary 167 8.2 171 9.1 338 8.6 Secondary 1,007 49.5 1,240 66.1 2,247 57.5 College/ university 465 22.9 112 6 577 14.8 Illiterate 1 0.05 3 0.2 4 0.1 Total 2,034 100 1,875 100 3,909 100
4.2.12 Drinking water
87. Local streams are the main sources of drinking water for most of the surveyed households. Out of 430 surveyed households, 166 or 39% of the respondents draw drinking water from streams. However, 15% of the households have access to piped water supply and 6% rely on wells or hand pumps as the source of drinking water. Over a third of the respondents reported using other sources of drinking water.
4.2.13 Sanitation facilities
88. About 98.6% of the households surveyed possess a latrine, while only 1.4% reported that they have a flush toilet.
4.2.14 Domestic fuel
89. Most of the he households use wood as the major source of fuel for cooking (98%). The remaining households use electricity or gas. Most of the households (98.4%) have electricity and an LPG gas connection. However, wood and crop residues are most commonly used as fuel for cooking because of the high price (and low availability) of gas and the high cost of electricity. On average, households have 5.5 rooms but only 2.3 rooms are heated.
4.3 Women in the Local Context
90. A great majority of affected households are headed by a man (84.4%). There are only 59 woman -headed households, which makes 15.6% of the affected households. Women are primarily involved in household level natural resource based activities such as horticulture, sericulture, and animal husbandry (76%). Around 72% reported household work as the main activity. About 8% of the women in the surveyed households participate in trade/business work and only 6% work as agricultural laborers. On further questioning, it was found that 69 (16%) of the respondent households receive income in part from women.
Table 4.10 Women’s activities
No of Percentage Activities Households Allied activities 328 76.3 Collection and sale of forest products 12 2.8 Trade & business 33 7.6 Agricultural labour 27 6.3 Non agricultural labour 6 1.4 HH industries (tailoring, cooking for sales etc) 12 2.8 Service 14 3.2 Household work 309 71.8 Others 25 5.8 Total 430 100.0
91. Women participate equally in household decision-making (99.5%). The survey revealed that women play an active role in the family. The survey data on women participation in decision-making is given in the following table.
Table 4.11 Participation in decision-making No of Issues Percentage Households Financial matters 424 98.6 Children’s education 427 99.3 Children’s health care 428 99.5 Purchase of assets 425 98.8 Day to day activities 428 99.5 Social functions and marriages 428 99.5 Others 126 29.3
92. During the implementation of both phases of the LARP, the proponents of the Project must ensure that women are the recipients of the compensation pertaining to their activities and that women, who are de-facto household heads, are clearly listed as beneficiaries of the compensation. Women were also included as participants in the consultation processes to determine and negotiate compensation entitlements and implement the LARP. Special attention will be given to the impact of resettlement on women and other vulnerable groups during monitoring and evaluation of the LARP. It is expected that the Project will have a positive impact
40 on gender, because the civil works contracts will include provisions which encourage the employment of women during the Project implementation. In addition, women will be encouraged to participate in activities to monitor the program impacts.
4.4 Impact on Indigenous Peoples and Other Social Issues
93. No impacts on Indigenous Peoples are expected for the Project. The Project will primarily affect Tajik people who form 82% of the total population followed by the Uzbeks who form 18%. The Uzbek groups have been fully integrated into institutional, cultural, and economic processes in Tajikistan, and they do not display sufficient unique features to classify them as a distinct minority group. Neither group can be considered to be distinguished by a social or cultural identity distinct from the dominant or mainstream society or by vulnerability to disadvantage by the proposed development. The preparation of an Indigenous Peoples’ Development Plan, is therefore not required, according to the ADB’s Safeguards on Indigenous Peoples.
94. Other vulnerable groups such as women headed households have been well addressed with additional assistance by the Project as mentioned in the entitlements. The Project will include appropriate measures to mitigate the potential risk of HIV/AIDS and other sexually transmitted infections, as well as drug and human trafficking. These measures include raising public awareness on these issues. Civil works contracts will include provisions requiring contractors to take measures to protect construction workers from the risks of HIV/AIDS and other sexually transmitted diseases. HIV/AIDS and Migration Project, $0.5 million ADB–financed grant, was recently completed. It was designed to mitigate the risks of HIV and sexually transmitted diseases (STD) in a context characterized by cross-border seasonal migration and human trafficking. Ministry of Health was the executing agency. It has developed an integrated, community-based and gender-responsive approach to the prevention of HIV/AIDS and STDs.
5. RESETTLEMENT POLICY, LEGAL FRAMEWORK AND ENTITLEMENTS
5.1 General
95. The policy framework for the Project is based on the Legislation of Republic of Tajikistan, the ADB Safeguards Policy Statement of 2009 and Operations Manual F1 on Safeguards (2010). In the legislation of Tajikistan, there is no special law or policy which regulates the issues of resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs. Moreover, there is no separate law that completely provides norms and mechanisms for the determination of a full, fair, market value of land. The key legislative acts regulating land management relations and the ownership rights to immovable properties in Republic of Tajikistan are the following:
• Constitution of Republic of Tajikistan (1994, as amended in 2003)5 • Land Code (as amended in 2008)6 • Civil Code (as amended in 2007)7 • Regulation “about compensation of losses to the land users and losses of agricultural products” (approved by the Decree of Government of Republic of Tajikistan, 2000. № 515)8
96. The Constitution of the Republic of Tajikistan, the Land Code of the Republic of Tajikistan and the Civil Code of the Republic of Tajikistan are the fundamental laws on which the legislation is based. The applicable Laws, regulations and policies are briefly summarized below. Based on the analysis of the applicable laws and policies and ADB’s Safeguards requirement, Project related LAR principles have been adopted.
5.2 Policy and Legal Framework for Land Acquisition and Resettlement
97. The framework for the Project is based on the ADB requirements on Resettlement as embedded in the Safeguards Policy Statement (2009) and on the ADB Operations Manual F1 on the Safeguard Policy Statement (2010), the Constitution of the Republic of Tajikistan, and the Land Code of the Republic of Tajikistan. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later.
5.3 Tajikistan Constitution, Law/regulation on Land Acquisition, Resettlement and Compensation
98. The Constitution of the Republic of Tajikistan is the main legal document guaranteeing citizen’s rights. Article 13 states “land, bowels of the earth, water, airspace, animal and
5 Constitution, November 6, 1994, as amended on 22 June 2003. 6 Land Code, as amended by N 498 from December 12, 1997., N 746 from May 14_ 1999, N 15 from May 12 2001, N 23 from February 28 , 2004. From 28.07.2006 №199, from 5.01.2008 №357, from 18.06.2008 №405. 7 Civil Code, as amended by August 6, 2001, N 41: May 3 2002 №5, March 1 2005, N 85; April 29, 2006 №180, May 12, 2007.№247). 8 Approved by the Decree of Government of Republic of Tajikistan, December 30, 2000. №515.
42 vegetable kingdoms, and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people.” Further, Article 12 states:
“the economy of Tajikistan is based on various forms of ownership. The state will guarantee freedom of economic activity, entrepreneurship, equality of rights, and the protection of all forms of ownership, including private ownership.”
99. The legal basis for state acquisition of private property for public works is outlined in Article 32 which states “…the property of an individual is taken away only on the basis of the law, with the consent of the owner and to meet the requirements of the state and society, and with the state paying full compensation.”
100. Compensation for land withdrawal and other impacts due to public interest projects are also regulated by other legislative acts such as the Land Code RT (LC), the Civil Code RT (CC) and various normative-legal acts which govern land withdrawal, land allotment and impacts compensation to the citizens. The withdrawal/ allotment of lands and resettlement is based on the following principles:
i. land users have a right to be reimbursed for losses due to withdrawal of right of land use for state and public needs (Article 41,43 LC). ii. at termination of the rights of property then property will be assessed on the basis of its market value (Article 265 CC). iii. land user or user of other registered rights associated with land should be noticed in writing about land withdrawal by local land management authority not later than one year before coming land withdrawal procedure (Article 40.LC). iv. If according to International agreements which are recognized by the Republic of Tajikistan other rules are established than those which are specified in the Land Code of the Republic of Tajikistan, so the rules of international agreements will be accepted (Article 105, LC).
101. The LC, 1997 is the core legal document related to land acquisition. It has been updated a few times and most recently in 2004. Article 2 of LC states that there is no “private ownership of land, “land is an exclusive ownership of the State… [but]... guarantees its effective use in the interests of its citizens”. However, Articles 10-14, the LC outlines land title as being of long- term, short-term, and inherited land use entitlement.
102. Article 24 of LC describes the allocation of land for non-agricultural purposes, and provides that when choosing a suitable location for such land uses, land not suitable for agricultural should be favored. The same principle is stressed by Article 29 LC, which discourages the use of high-yielding agricultural land for non-agricultural use. However, Article 29 also allows for allocation, and sequestering of agricultural land for “other very important State objects”.
103. Article 31 of LC provides that land acquisition for non-agricultural public purposes is subject to the award of compensation: “terms of allocating land plots to new land users for non- agricultural needs must envisage compensation of all losses related to confiscation of land plots from former land users, as well as compensation of losses in agricultural production.” Article 19 of LC states the rights of land users, including clauses allowing a land use rights holder the “waiving voluntarily land plot” or “indemnifying for [compensating] for losses” as mentioned in Article 41 of LC. This article sets out the following basis for compensation:
“Fully reimbursed shall be losses, including loss of profit, caused by:
• sequestration of land for non-agricultural purposes; • restriction of land users' rights; • deterioration of land quality as the result of activities of other land users.”
104. In case of this Project, this could be interpreted as compensation for permanent loss of land use and crops, and complying with (ii) and (iii) above, the need to compensate for temporary loss of use of land and disturbance of cropping patterns for construction purposes.
105. Calculation of the compensation due for land acquisition is contained in Articles 43 and 44, which states: “actual prices of equipment and materials as well as prices of assets and other works existing either at the moment of confiscation of a land plot and drafting of the report shall be applied. When calculating losses of agricultural production and forestry, the standard costs for bringing into cultivation virgin lands and improve them so that they reach the maximum level of production obtained on the sequestrated lands shall be applied. Disputes about the amount of compensation for damages caused and losses of agricultural production and forestry shall be settled in court.”
106. The guarantee of land users’ rights is further emphasized in Article 48 which states that: “confiscation of land plots from natural persons for state and public needs can be made after:
• having been assigned of another equivalent land plot; • having been constructed on a new place of housing, industrial and other structures equivalent in their purpose instead of plots sequestrated, in the established order by enterprises, institutions and organizations for which the land plot was assigned; • having paid full compensation for all other losses, including profit loss. (Article 41 & 42 of LC)”
107. A compensation for land which belongs to the State but which is allocated and essentially leased to users by each hukumat, is divided between the hukumat and the user according to the following proportion
• 40 % to the hukumat, which will no longer derive income from taxes and leases for the portion of the land being acquired • 60% to the land user, who suffers a reduction in his/her income-generating asset.
108. The compensation received by the hukumat is used for the management, construction, and maintenance of local infrastructure. The land user also gets compensation for lost crops based on the average crop of 4 years before the impact.
5.4 ADB Involuntary Resettlement Safeguards
109. The ADB Safeguards Policy Statement (SPS) of 2009 requirements for Involuntary Resettlement aim to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring Project and design alternatives; to enhance, or at least restore, the livelihoods of all Affected persons in real terms relative to pre-Project levels; and to improve the standards of living of the Affected poor and other vulnerable groups. ADB Policy has the following requirements:
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a. Compensation, assistance and benefits for Affected persons (APs)
• Compensate/assist those with formal legal rights to the land lost and those who have claims to lands that are recognized or recognizable under national laws. APs that have neither formal legal rights nor recognized or recognizable claims to such land are entitled only to compensation for non-land assets. • Compensate for affected lands, structures and other assets and put in place a comprehensive income and livelihood rehabilitation program prior to Displacement. • Give preference to land-based resettlement strategies for Affected persons whose livelihoods are land-based. Provide physically Affected persons with relocation assistance, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, and civic infrastructure and community services. • Promptly compensate economically Affected persons for the loss of income or livelihood sources at full replacement cost, and provided other assistance (i.e. access to credit, training, and employment opportunities) to help them improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-displacement levels. • Provide Affected persons with opportunities to share Project benefits in addition to compensation and resettlement assistance.
b. Social Impact Assessment
• Conduct socioeconomic survey(s) and a census, with appropriate socioeconomic baseline data to identify all persons who will be Affected by the Project and to assess the Project’s socioeconomic impacts on them. • As part of the social impact assessment, identify individuals and groups who may be differentially or disproportionately affected by the Project because of their disadvantaged or vulnerable status.
c. Resettlement Planning
• A resettlement plan should be based on the social impact assessment and through meaningful consultation with the affected persons if the proposed Project will have involuntary resettlement impacts • Ensure that the Affected persons are (i) informed about their options and entitlements pertaining to compensation, relocation, and rehabilitation; (ii) consulted on resettlement options and choices; and (iii) provided with resettlement alternatives. • Pay adequate attention to gender concerns to ensure that both men and women receive adequate and appropriate compensation for their lost property and resettlement assistance, if required, as well as assistance to restore and improve their incomes and living standards. • Analyze and summarize national laws and regulations pertaining to land acquisition, compensation payment, and relocation of affected persons in the resettlement plan; and compare such laws and regulations with ADB’s involuntary resettlement policy principles and requirements. If a gap between the two exists, propose a suitable gap-filling strategy in the resettlement plan in consultation with ADB. • Consider all costs of compensation, relocation, and livelihood rehabilitation as Project costs.
• Include detailed measures for income restoration and livelihood improvement of Affected persons in the resettlement plan. For vulnerable persons and households, include measures to provide extra assistance so that they can improve their incomes in comparison with pre-Project levels. • Before the completion of engineering design, prepare a final LARP I that (i) adequately addresses all involuntary resettlement issues pertaining to the Project, (ii) describes specific mitigation measures that will be taken to address the issues, and (iii) ensures the availability of sufficient resources to address the issues satisfactorily. • Consult with Affected persons identified after the formulation of the final resettlement plan phase I and inform them of their entitlements and relocation options. Supplementary resettlement plan or a revised resettlement plan should be submitted to ADB for review before any contracts are awarded. • Use qualified and experienced experts to prepare the social impact assessment and the resettlement plan.
d. Information Disclosure
• Submit the following documents to ADB for disclosure on ADB’s website: (i) a draft resettlement plan and/or resettlement framework endorsed by the borrower/client before Project appraisal; (ii) the final resettlement plan endorsed by the borrower/client; (iii) a new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during Project implementation, if any; and (iv) the resettlement monitoring reports. • Provide relevant resettlement information in a timely manner, in an accessible place and in a form and language(s) understandable to affected persons and other stakeholders. For illiterate people, use other suitable communication methods.
e. Consultation and Participation
• Conduct meaningful consultation with APs, their host communities, and civil society • Pay particular attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female-headed households, women and children, Indigenous Peoples, and those without legal rights to land.
f. Grievance Redress Mechanism
• Establish a responsive, readily accessible and culturally appropriate mechanism to receive and facilitate the resolution of affected persons’ concerns and grievances about physical and economic displacement and other Project impacts, paying particular attention to the impacts on vulnerable groups.
g. Monitoring and Reporting
• Monitor and measure the progress of implementation of the resettlement plan. For Projects/sub-Projects with significant LAR impacts, qualified and experienced external experts are retained to verify internal resettlement monitoring information. If any significant involuntary resettlement issues are identified, prepare a corrective action plan to address such issues. Do not proceed with
46
implementing the Project until such planning documents are formulated, disclosed and approved.
h. Unanticipated Impacts
• If unanticipated involuntary resettlement impacts are found during Project implementation, conduct a social impact assessment, update the resettlement plan or formulate a new resettlement plan
i. Special Considerations for Indigenous Peoples
• Avoid physical relocation of Indigenous Peoples that will result in adverse impacts on their identity, culture, and customary livelihoods. If adverse impacts cannot be avoided, formulate a combined Indigenous Peoples plan and resettlement to meet all relevant requirements specified under ADB Safeguard Requirements 3: Indigenous People.
j. Negotiated Settlement
• Acquisition of land and other assets through a negotiated settlement whenever possible is encouraged. • Negotiated settlements that would result in expropriation are subject to third-party validation to ensure that the compensation is based on fair price (replacement cost) of land and/or other assets, and is based on meaningful consultation with APs. Policy Differences and Reconciliation
110. As per ADB’s Safeguards Policy Statement (2009), important elements of the resettlement policy for this Project are:
• avoid and minimize land acquisition and resettlement impacts; • compensate for lost assets at replacement cost; • livelihood, and income restoration; • assistance for relocation, including provision of relocation sites with appropriate facilities and services; and assistance for rehabilitation needs to achieve at least the same level of well-being with the Project as without it.9
5.5 Policy Differences and Reconciliation
111. A summary comparison of the above Tajikistan Land Code and ADB policies is presented in Table 5.1, together with the reconciliation provisions.
9 Rehabilitation measures include restoration of access to public facilities, infrastructure, and services; and to cultural property and common property resources. Measures to mitigate loss of access to cultural sites, public services, water resources, grazing, or forest resources include establishment of access to equivalent and culturally acceptable resources and income-earning opportunities. Such measures must be determined in consultation with affected communities, whose rights might not be formally recognized in national legislation. Where people are seriously affected by the loss of assets, incomes, and employment, compensation solely for lost assets may not be adequate to restore their economic and social base. Such people will be entitled to rehabilitation assistance measures for restoring incomes and living standards.
Table 5.1 Comparison of ADB Resettlement Safeguards with Tajikistan Land Code
ADB Safeguards Tajikistan Reconciliation provisions requirements Land Code (LC) provisions APs are to be informed/ In this Project, APs were consulted on options. The RP will be consulted on resettlement/ The LC does not provide for consultation. disclosed to them. compensation options. APs to be compensated and The LC provides for compensating for loss This Project will provide compensation for loss of land use assisted, so that their of land right, buildings, crops, trees and rights, buildings and crop losses. Business losses will be economic/social future would other assets. However, it is not clear on compensated based on tax returns or if these are unavailable, be generally as favorable as it how income losses (i.e. business losses) based on a minimum salary. (see entitlements section for would have been in the are to be compensated. details). absence of the Project. Land compensation is to be The LC mandates only for land x land Land will be compensated either by provision of replacement provided at replacement rates compensation. plot or in cash. For agricultural land, replacement cost will be either in terms of land x land computed based on the production value of the affected plot. or in cash. Due to For residential or /commercial land ( a type of land that does circumstances of this Project, not have intrinsic productive value) replacement cost will be compensation needs to be computed based on current lease rate multiplied by 25 years provided in cash. since in Tajikistan there are no official land markets.. (for details section 4.7 below) Compensation is to be The LC mandates compensation at When land for land compensation is not technically feasible provided in full at replacement replacement rates through provision of land (as for this Project), local administrations will give cash rates x land. However this is not be the case if compensation. This practice is adopted for this Project. A land is paid in cash as the replacement rehabilitation allowance for land use rights in cash at value (reproduction cost) of a plot is shared replacement rate will be provided to affected people. on a 40—60% proportion between the local government and the user respectively. Lack of formal legal title to the Compensation is provided only to The issue is not relevant to this Project as there are no land by some affected groups registered settlers. squatters affected. should not be a bar to compensation or rehabilitation. Beside compensation at The Law provides for compensation for all There is basic conformity on the items where the law provides replacement cost for land, losses. It is specific on this for buildings and specific provisions. As per tree and business income losses, a ADB safeguards provide also crops but does not detail how trees and compensation methodology fitting both Tajikistan legal for replacement cost business compensation is to be carried out. principles and ADB has been adopted. compensation for houses, crops, trees ,businesses and employment/income losses. ADB safeguards provide for The law does not provide for the ADB These allowances will be provided as per ADB. safeguards rehabilitation allowances for, required allowances. requirements. The items are included in the Project costs. severe impacts, vulnerable APs and relocation.
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5.6 Principles Adopted for the Project
112. The following core involuntary resettlement principles were adopted for this Project:
• Land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative Project designs; • Where unavoidable, phased time-bound land acquisition and resettlement plans (LARP phases I and II) will be prepared and APs will be assisted in improving or at least regaining their pre-Project standard of living; • Consultation with APs on compensation, disclosure of resettlement information to APs, and participation of APs in planning and implementing rehabilitation measures will be ensured; • Vulnerable groups will be provided special assistance; • Payment of compensation to affected persons including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement rates; • Payment of compensation and resettlement assistance prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities; • Provision of income restoration and rehabilitation; and • Establishment of appropriate grievance redress
5.6.1 Types of land ownership and land use rights allocation
113. Dekhan land arose in Tajikistan as a result of the splitting up of large state owned farm enterprises, known as kolkhoz and sovkhoz farms, which were established through much of the former Soviet Union. Sovkhoz farms were run by the state, while kolkhoz farms were a form of co-operative farm, run by a committee of members approved by the state. While stable, they relied on the markets set up and under the soviet system and were considered to lack efficiency. The process of dividing and reallocating land from the sovkhoz and kolkhoz farms started on cessation of the civil war in the late 1990s and the purpose is to place management responsibility directly into the hands of the farmers as an incentive to promote efficiency.
114. Under Dekhan farms, the land remains state property (which cannot be bought or sold), but farmers are granted inheritable land use rights that give complete legal freedom to manage the land as the landholders desire. The state collects taxes and can repossess the land if it believes the land is not being managed properly. There are three types of Dekhan land: individual (the land use certificate is held by an individual), family (the certificate is jointly held) and collective (the certificate details common property shareholders). 10
115. Presidential land is similar to Dekhan land. It was allocated in small plots to private households in the late 1990s by Presidential Decree. The essential difference between Dekhan and Presidential land is that no land-use rights certificate is required for the later land plots (they are registered at jamoat level per household).
116. Reserve Fund land usually includes unused land. It also includes land plots for which land use rights have been abandoned. State reserve land is at the disposal of the district
10 Lerman, Z and Sedik, D. (2008) The Economic Effects of Land Reform in Tajikistan. Report prepared for the European Commission under the EC/FAO Food Security Programme—Phase II: Food Security Information for Action. Rome.
administrations and is rented out or distributed for individual tilling for agricultural purposes. Article 100 of the Land Code says State land stock is reserved for agricultural, industrial, transport and other needs of the national economy.11
117. Supported Farms land include the land provided to different government institutions for self-assistance to their members and employees. The land is given to employees who did not get any land under other government schemes.
5.6.2 Eligibility
118. The APs entitled to compensation or at least rehabilitation provisions under the Project are:
• all APs losing land and other assets with legal title/traditional land rights including permanent land users of all the types of listed above and lease holders • tenants • owners of buildings, crops, plants, or other objects attached to the land, and • APs losing business, income and salaries.
119. Compensation eligibility is limited by an approved cut-off date established at the end of the impact survey on 28 November 2009. Copies of published notices of this date are given in Appendix 5. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and to dismantle affected structures prior to Project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or suffer any sanction.
5.6.3 Compensation entitlements
120. The APs in the Project are entitled to various types of compensation and resettlement assistance to help in restoring their livelihoods to the pre-Project levels. The combination of compensation measures and resettlement assistance depends on the nature of the lost assets and scope of the Project’s impact, including the social and economic vulnerability of the affected persons. All APs are eligible for compensation and rehabilitation assistance, irrespective of their land ownership status, to ensure that those affected by the Project shall be at least as well off, if not better off, than they would have been without the Project. The compensation packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.) as detailed below:
Agricultural land impacts. Rehabilitated through the provision of an allowance for loss of land- use right additional to standard crop compensation and equal to:
• For permanent land holders: 5 years of yearly gross income of affected annual crops land at market rate or 1 year of yearly gross income of affected fruit trees land. The same allowance will be provided to all land users permanently affected including individual land users and cooperative land users.
• For lease holders: the same as for permanent land holders
11 ARD/Checchi Consultants, (2005). Final Report: Legal Infrastructure for a Market Economy Project, translation of Land Code of the Republic of Tajikistan.
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Residential/commercial land. For holders of land use rights, compensation equivalent to the current land lease rate of $0.1 per m2 in the Project area multiplied by 25 years will be provided.
Houses, buildings and structures. These will be compensated in cash at full replacement cost (cost of materials plus cost of labor plus cost of transport of materials) free of deductions for depreciation, salvaged materials, and transaction costs irrespective of the registration status of the affected item. House compensation is given for the entire building both in the case of full and partial impacts.
Crop Losses. Crop compensation will be paid by default to all APs irrespective of their legal status in cash at full market rate for 1 years’ yield. This shall apply whether the land is fallow, or in crop. Crop compensation will be paid both to landowners and to tenants based on their specific agreements.
Loss of Perennial Crops. Reimbursement will be at the full market rate of one year’s production, as assessed by the district administration and agreed with the APs.
Loss of Businesses. If business is lost permanently, it will be compensated in cash equal to a 1 year income based on tax declaration or, (if unavailable) based on the maximum official non- taxable salary. Temporary business losses will be compensated in cash for the business interruption period based on tax declaration or, (if unavailable) official minimum salary.
Business workers and employees. Indemnity for lost wages for the period of business interruption up to a maximum of 1year.
Severe impact losses. Vulnerable APs: the adopted principle is that the APs who lose more than 10% of their income or who will be relocated, will receive either a payment equal to the market value of a year’s net yield of the land lost, in addition to standard crop compensation, or a cash allowance equal to 6 months of minimal salary. As the valuations show that the latter form of compensation exceeds by far the value of the net yield, the compensation by cash allowance equal to 6 months of minimal salary will be applied uniformly to all APs who suffered severe impact losses.
Agricultural tenants and workers. Tenants will receive their share of harvest at market rates (if the impact is temporary) plus 1 additional crop compensation (if the land is lost permanently). Agricultural workers, whose employment will be interrupted, will receive an indemnity in cash corresponding to their salary, in cash and in kind, for the remaining part of the agricultural year, inclusive of both winter and summer crop.
Relocation Allowances. APs forced to relocate will receive a relocation subsidy sufficient to cover transport costs and living expenses for 2 months at minimum salary. This subsidy must be more than sufficient to cover transport costs and the average monthly income of an affected HH.
Community Structures and Public Assets. These will be fully replaced or rehabilitated to achieve their pre-Project functions.
Vulnerable APs. HHs below the poverty line and women headed HHs will be given employment priority during construction of the Project, and for road repair and maintenance jobs after completion. Additionally, they will be paid contribution equal to 2 months’ minimum salary.
121. All compensation entitlements are summarized in the following table:
Table 5.2 Compensation Entitlements Matrix
Assets Affected Persons Proposed Entitlements
An allowance for loss of land use rights in cash equal to 5 years of Individual land-use Agricultural land: the gross income of the affected annual crops land at market rate or rights holder All losses to 1 year of gross income of affected fruit trees land at market rates. irrespective of impact severity Cooperative land An allowance for loss of land use rights in cash equal to 5 years of holder the gross income of the affected land at market rate
Provision of alternative land or rehabilitation cash allowance for loss Residential/ Residential rights of land use rights equal to the current land lease rates multiplied by commercial land holder 25 years ($2.5 per m2)
Cash compensation at replacement rate for affected Houses and All relevant APs. structure/other fixed assets free of salvageable materials and structures transaction costs. All buildings will be compensated in their entirety House/building Renter/leaseholder Rental allowance in the form of 1 to 3 months rent in cash rent Crop compensation in cash equal to 1 year of the gross income of Income from crops All APs affected land at market rate. This shall apply whether the land is fallow, or under cultivation.
Cash compensation for wood trees based on volume of wood
Income from trees All APs Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production
Business Owner: Cash compensation for lost income up to 1 year’ (if income is permanent) or Cash compensation for the period of business All APs (including Business or interruption ( if the loss is temporary). The compensation is assessed at informal settlers) employment loss; actual income as per tax declaration or if taxes have not been paid at temporary or the maximum non-taxable income. permanent Permanent Indemnity for lost wages for business stoppage of up to 1 year worker/employers Allowance for severe All severely APs One severe impact allowance equal to the net market value of impacts (More that the harvest from the affected land for 1 year (inclusive of winter 10% of income loss and summer crop) and in addition to the standard crop or affected by compensation or one cash contribution equal to 6 month’s official relocation) minimum salary Relocation Provision of sufficient allowance to cover transport expenses and basic All relocated APs allowance livelihood expenses for the transitional period
Communal/ Public Rehabilitation/substitution in kind or cash at replacement cost of
assets affected items and rehabilitation of their functions
APs below poverty Employment priority in Project-related jobs Vulnerable APs line, households headed by women Cash contribution equal to 2 month’s official minimum salary.
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6.0 INSTITUTIONAL ARRANGEMENTS
6.1 General
122. The Ministry of Transport of the Republic of Tajikistan (MOT), formerly The Ministry of Transport and Communication (until 28 February 2011), will be the Executing Agency (EA) having the lead responsibility for the road construction, as well as the implementation of both phases of the LARP. Besides MOT, a number of other governmental departments will play an instrumental role in the design, construction and operation of the Project.
123. The Agency on Land Management and Geography is responsible for allocation and registration of new land plots. The Ministry of Justice is responsible for registration of any changes of the rights to affected immovable properties, and the MBTI will similarly register any changes regarding immovable property and its physical condition. Further, the State Committee for Investment and State Property Management of the Republic of Tajikistan is responsible for an independent evaluation of all affected structures based on the current market value.
124. Representatives of these agencies together with representatives of each Rayon (district) comprise an ad-hoc Committee which decides on the form and the extent of compensation to be paid to the affected proprietors. The roles of these entities in the land acquisition and resettlement process are explained in more details in the following sections of this report.
6.2 Ministry of Transport of the Republic of Tajikistan (MOT)
125. The existing Project Implementation Unit (PIU) in MOT will be transformed into the office of the Project Director. The Project Director and his staff have extensive experience in managing ADB Projects. The office of the Project Director is staffed with experienced engineers and other specialists who look after safeguards issues. The PIU has one full time designated resettlement specialist who, with assistance from other designated officials as necessary, will be over viewing and managing the implementation of both phases of the LARP, including co- ordination of the work of all involved agencies
126. In order to address land acquisition and resettlement issues associated with major road improvement Projects, MOT has formed a Working Group for land acquisition planning (Resettlement Working Group) comprising the following representatives:
• First Deputy Minister, MOT • Acting Deputy Head of Main Department for Road Construction Economy of MOT. • Head of Cadastre and Land Registration, Land Management, Geodesy and Mapping Agency under the Government of the Republic of Tajikistan • Senior Construction Supervision Inspector, Construction and Architecture Agency under the Republic of Tajikistan • Engineer of IZDP unit, State Unitary Enterprise “Research and Planning - Surveying Institute” • Coordinator for consultants in PIU • Representatives of the Hukumats of Rudaki, Gissar, Shakhrinav and Tursunzade
127. The principal task of this group is to agree and define an appropriate methodology for the assessment of a fair replacement value for residential and commercial land, and to establish principles and processes for cash compensation payments. The Resettlement Working Group is
assisted by representatives of the various concerned departments involved in LAR planning and implementation and by officials at central and local government level. Consultations with the Resettlement Working Group were carried out during the preparation of the Draft LARP and LARP I. ADB safeguards were discussed and debated in the context of the Project LAR activities in the Project.
6.3 Agency for Land Management and Geodesy (ALMG)
128. The ALMG is the central government body with executive power for land management12. This Agency, together with the state enterprises under its control, is responsible to:
• promote and develop unified state policy in land matters, and the management of government land • manage survey work including land cadastres, geodesy, aerial imagery and topographic mapping • control the use and protection of land, geodesy, and further development of the level of government geodetic control, aerial imagery and mapping activities • undertake government activities on land management, land cadastre, geodetic, aerial imagery, mapping • coordinate scientific research on the study of natural resources using satellite imagery for Government departments • conduct registration of land use rights and implementation of land reform • undertake surveying and land plot formation activities • prepare and issue of Land Use Right Certificates (LURC)13 • register changes of land user • allocate new land plots • acquire land as required for the state • survey the land plots, the subject of land use rights • develop Projects for allocation of land use rights for non-agricultural needs, and • implement land assessment work, soil assessment and economic valuation of land.14
6.4 MBTI under the State Unitary Enterprise Housing and Communal Services
129. The State Unitary Enterprise Housing and Communal Services, together with the state enterprises under its control are the suppliers of public utilities in Tajikistan,15 including 31 Mezhraion (Inter-district) Bureau of Technical Inventory (MBTI). MBTI is established as a self- funding enterprise, operating at district and city levels. It is mainly in charge of technical inventory of immovable property, buildings (houses, constructions, etc). The Government Decree No 513, dated 30 December 1998 provides the following roles for MBTI:
• technical inventory of private houses and land, buildings, apartments and state companies • technical inventory and valuation of constructions and structures
12 Regulation on Agency on land management, geodesy and cartography under the Government of Republic of Tajikistan, approvedd by the Government Decree from December 28 2006, №613. 13 This is a legal document that verifies the title holding of any parcel of land. 14 The Government Decree No. 613, dated 26 December 2006 provides the details of the roles and responsibilities, organizational structure and its associated enterprises. 15 ‘It was established by Government Decree No235, dated 6 June 2001, and has 131 subordinate enterprises, including 31 MBTIs.
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• technical inventory of the affected assets • technical inventory of engineering networks, and • registration of ownership and preparation of an Ownership Certificates for immovable assets.
130. The registration of structures and other objects is conducted to establish ownership rights of houses, buildings and apartments and their registration in cities and villages. MBTI registers immovable properties in its Registration Book, based on land plots, including the following information: (i) Date, (ii) Identification Number in the Register, (iii) address of immoveable property, (iv) owner’s name, (v) shares, (vi) legal documents, (vii) encumbrances, (viii) signature of registering staff member, (ix) remarks. A unique number is applied for buildings and apartments based on postal address: (i) District name, (ii) Block Number, (iii) Street name, (iv) Building Number, (v) Apartment Number. However, the block is different to that used by the ALMG. MBTI is required to update the data about the changes of structure and the value of the buildings every three years, mainly for taxation purposes. MBTI offices have specialists in architecture and construction for each district.
6.5 The Local Executive State Power in Districts (Hukumats)
131. The District Hukumat is the local administration body, established in all cities and districts. It is under the Oblast level and there are Jamoats under the District Hukumats. The Hukumat is led by a chairperson who has a wide range of responsibilities and authorities, including land management, housing and infrastructure, social security, law and order, health care and production. The planning and implementation of any LAR activities related to land and assets is done through Hukumats. This is the local administration having a direct link with the people and most of small grievances related to allocation and distribution of land rights. In relation to land and immovable property administration, the Hukumat assists the concerned departments (land commission/MBTI/PIU etc) in resolving the issues such as allocation of land use rights, and decisions on acquisition of land use rights and allocation of alternate sites for resettlement. An ad-hoc Commission exists for Land Acquisition/Compensation/Resettlement.
132. For defining the losses to land users due to land acquisition for state and public needs or for the temporary occupation of land parcels, the valuation commissions are formed consisting of the following members:16
• a representative of the district Hukumat, usually the deputy chairman of the district or town, • the head of the district agency for land management, geodesy and cartography, • a representative of the district or town office of architecture, • representatives of the water management department, • a representative of the district for environmental protection • representatives of the affected land users, • representatives of the enterprises and/or institutions interested in land acquisition, and • representatives of other organizations as defined by the Hukumat.
133. For LARP I, the commissions assessed all agricultural losses and determined the compensation and obtained approval by the hukumats. The valuation for buildings and
16 Item 31, Regulation about the order of compensation of losses to the land users, approved by the Government Decree dated December 30, 2000, №515.
structures during the preparation of the Draft LARP was done by MBTI. In addition to MBTI valuation, during the preparation of the LARP I, the State Committee on Investment and State Property Management of the Republic of Tajikistan, provided an independent evaluation of all affected structures based on the current market value.
6.6 Consultants
134. The following Consultants were, or will be involved in the preparation, implementation and monitoring of the LAR tasks:
1. Draft LARP - During the preparation of the preliminary design, the PPT consultant engaged one international and one local consultant, Land Acquisition and Resettlement Specialists, to conduct preliminary surveys and assessment, and to prepare the Draft LARP.
2. LARP I - as part of the Contract for Preparatory Procurement and Safeguard Support Services, one international and one local Land Acquisition and Resettlement Specialists were engaged through individual contracts with the MOT. These consultants assisted MOT to conduct final impact assessment survey, jointly with the MOT Resettlement Specialist and other staff and in close consultation with the engineering team engaged under the Contract for Preparatory Procurement and Safeguard Support Services. The LAR specialists worked with the MBTI representatives, the State Committee on Investment and State Property Management of the Republic of Tajikistan representatives and the responsible hukumats for the valuation of structures and buildings. The consultants provided the following main services:
• management of site survey teams to carry out the tasks required for finalizing LARP I • preliminary impact assessment for LARP II • assisting MOT in conducting consultations with the affected persons • review of compensation rates • review of the grievances mechanism • preparation of LARP I • provision of other services according to the terms of reference included in the contract for preparatory procurement and safeguard support services
3. Implementation of LARP I – The MOT will engage an Independent Monitor (the IM), an entity or an individual consultant, for independent monitoring and evaluation of the implementation of the LARP I, expected to commence in March 2011.The IM will work according to the terms of reference agreed with ADB. Its main task will be to report on the compliance with the LARP approved by MOT and ADB, before the civil works may proceed.
4. Preparation of LARP II - as part of the Contract for Project Management Services (the PMC) an international consulting firm will engage one international Resettlement Specialist and one national Land Acquisition and Resettlement Expert to provide services required under the services specified in the terms of reference for PMC contract. The consultants will provide the following main services
• conducting site surveys and assessments required for finalization of LARP II, after the contractor finalizes the road alignment for the sections of the road where
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the alignment was not ‘fixed’ during the contract for Preparatory Procurement and Safeguard Support Services • assisting MOT in conducting consultations with the affected persons under LARP II • verification of compensation rates • preparation of LARP II • provision of other services according to the terms of reference included in the PMC contract
5. Implementation of LARP II – Based on the options discussed with ADB representatives, independent monitoring and evaluation of the implementation of the LARP II will be conducted by the PMC Consultant. The implementation is expected to commence 5-6 months after the commencement of the civil works contract.
6.7 Other Government Organizations
135. The Ministry of Finance (MOF) is responsible for allocating the budget for booth phases of LARP implementation. The MOF has already allocated the budget for the implementation of the LARP based on the estimate included in the Draft LARP. The entire institutional arrangement for the implementation of both phases of LARP is presented in the following figure.
Figure 6 Institutional Arrangements
Asian Development MOT /Government of Ministry of Finance Bank Tajikistan
Agency on Land Management and Working Group Geodesy
MBTI and State PIU Field Level Staff and the PIU Resettlement Committee for Investment Specialist
Ad hoc Commission for Land Acquisition
Independent Monitor Affected Persons Local Executive State Power in District (Hukumats)
7.0 GRIEVANCE REDRESS MECHANISM
7.1 General
136. The APs will have the right to file complaints and/or queries on any aspect of land acquisition compensation, and resettlement. MOT will ensure that grievances and complaints on any aspect of the land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner. All possible avenues are made available to the APs to air their grievances. Under the adopted grievance mechanism, APs may appeal any decision, practice or activity connected with the assessment or valuation of land or other assets, acquisition and compensation. All APs have been fully informed of their rights and of the procedures for addressing complaints. Care will always be taken to prevent grievances rather than going through a redress process. This will be obtained through careful LAR implementation, by ensuring full participation and consultations of all APs, and by establishing extensive communication and coordination between the affected communities, the MOT, and the local authorities in general.
7.2 Steps for Grievance Redress
7.2.1 Grievance mechanism during the resettlement phase
137. Complaints and grievances received during the resettlement phase will addressed through the following steps and actions:
Step 1: Complaints will be lodged at the MOT district offices/field level where the responsible Hukumat and Jamoat officers, as representatives of the affected households, will attempt to resolve the issue. A standard grievance registration form was prepared and given for comments and perusal to Hukumats and Jamoats officials (Appendix 2). Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee, and the receipt of the complaint given to the affected person. The period fixed for resolution of complaints is 30 calendar days.
Step 2: If a grievance is not resolved during a 30-day period, the affected person (or her/his representative, if chosen) may lodge the complaint to the Resettlement Working Group Committee at the MOT. The Resettlement Working group Committee has an obligation to attempt to resolve the issue within14 calendar days.
Step 3: If no solution is reached within 14 days, the affected person can submit her/his case to the appropriate court of law.
138. A grievance redress mechanism is presented in following figure.
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Figure 7 Schematic Presentation of the Grievances Redress Mechanism
Affected Persons
Minor Grievances GRC at the district Grievance level Addressed Major Grievances
PIU Field Level Staff/Resettlement Specialist Grievance Addressed
Not Addressed
Working Group
Grievance Addressed
Not Addressed
Court of Law
7.2.2 Formation of Grievances Redress Committee (GRC)
139. One Grievance Redress Committee (GRC) will be established at the rayon level in each district to resolve complaints and grievances informally through community participation. The GRC will consist of representatives of the MOT, the local hukumat, APs, women APs (if any), and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The GRC decisions will be made by majority of members and will be publicized among the local communities. If the complainants are not satisfied with the GRC decisions, they can always file their cases in court.
140. GRCs will be established at the rayon level, by an office order of the Ministry of Transport (MOT). The following seven members will constitute each Grievances Redress Committee:
Rayon Grievances Redress Committee Head of Committee, Deputy Chairman of the District 1 Convener Government Authority 2 Chief District Architect Member
Head of Municipality (inter-district) bureau of technical 3 Member inventory
4 Head of the Women and Family Welfare Department of district Member 5 Representative from the PIU Member Secretary
Representative from the district Office of the Cadastre and 6 Member Land Registration, Land Management and Geodesy Agency
7 Representative of APs Member 8 Representative from the Jamoats within the District Member 9 Representative of the Independent Labor Union within district Member
10 Representative local NGO ‘Munis’ Member
Example of the Grievance Redress Committee for Gissar Rayon:
Head of Committee A. Hafizov Convener Deputy Chairman of the District Government Authority Chief Architect of District H. Solehova Member Head of Municipality (inter-district) bureau of technical A. Boboev Member inventory Head of Women and Family Welfare department of H. Rajabova Member district Representative from the PIU M. Mirzoev Member Secretary Representative from the district Office of the Cadastre Member and Land Registration, Land Management and I. Muhtaramov Member Geodesy Agency Representative of APs : Member M. Safarov Representative from the Jamoats within the District N. Solehov Member B. Mahmudov Representative of the Independent Labor Union within M. Ikromova Member district Representative local NGO ‘Munis’ M. Hokimova Member
7.2.3 Grievance mechanism during the construction period
141. All persons living along the Project road, regardless of whether affected by land acquisition and resettlement, may experience some adverse impact during the construction period such as damages or losses to property, caused by direct physical impact of the contractor’s equipment, vibration, contractor’s or employer’s design, or by other activities related to the construction of the road. Under the terms of the civil works contract, the Contractor has the obligation to provide a third party insurance in the joint name of MOT, as the Employer, and the Contractor. According to the terms of the civil works contract, in case of damages, an
60 affected person (the Claimant) may follow the claim procedure:
• Address his/her claim(s) for damages to the Contractor, or to the Employer, or to both of them. • The Claimant may chose to write first a Notice of Claim, immediately after the event, which caused the damage, and then to write a full claim, providing particulars of the damages and details of the compensation claimed. Alternatively, the Claimant may submit only a claim. In either case, it is advisable to submit the complete claim not later than 7 days after the damaging event. While the Notice of Claim is an option, the submission of a detailed claim is a must. • Once the Employer or the Contractor receives the claim, they have an obligation to notify the Insurer, which should then send its representatives to verify the Claimant’s allegations, investigate the causes and assess the damages. • After that, the Insurer decides whether the claim is justified, and if so, whether to pay a part or the entire claim. • The Insurer will reject the entire claim if it is not justified. Furthermore, the Insurer may refuse to pay damages, or to pay only a part of a justified claim. This could happen for many different reasons: if the insured parties did not notify the Insurer of the claim/notice of claim within the period specified in the insurance policy; or the Contractor or the Employer were grossly negligent, or the particular damage or a particular action is excluded from the insurance, etc. In such a case, the Contractor or the Employer may still accept liability for a part or the entire amount of the claimed damages and pay the difference to the Claimant. • However, if after the Insurer does not pay a part or the entire claim, and one or both parties also refuse to pay a part or the entire claim, and the Claimant believes that his or her claim is justified, the Claimant may take legal action against either or both parties. It is essential to note that the Claimant does not have any claim against the Insurer, but only against one or both parties. • If the Insurer refuses to pay the entire or a part of the amount claimed, the Claimant may still be entitled to the full amount of the claimed damages from the Contractor or the Employer. (see Appendix 11, Third party insurance) • If the Contractor or the Employer refuse to pay a part or the entire amount of damages to which the Claimant believes to be entitled, the Claimant may sue the Contractor, or the Employer, or both.
8. PUBLIC CONSULTATON, INFORMATION DISSEMINATION AND DISCLOSURE
8.1 General
142. Public consultations were carried out at various stages of the Project preparation particularly during the preparation of Draft LARP and LARP I:
143. The Draft LARP included a screening survey, land census survey, socio-economic survey and targeted consultation meetings with the affected people and local stakeholder organizations and individuals. Public consultations were designed to share information on issues related to LAR activities. Consultations were carried out with affected persons, local communities, people’s representatives, government and non-government organizations. The consultations have achieved that the affected people and other stakeholders are informed, consulted and allowed to participate actively in the process of road development and preparation of the LARP. Public consultations were also used as a tool for obtaining socio- economic information, public opinion about the proposed Project and on sensitive and critical issues. This information was considered in the preliminary design, to minimize adverse social and resettlement impacts.
144. Consultations during the preparation of the Draft LARP. These consultations with all stakeholders covered the Project design and land situation and issues in the Project area. Also, general socio-economic activities of the affected people and the findings were recorded. A second round of consultations was held during the census and socio-economic survey. These covered types of ownership, function of the collective farms, availability of alternate land and discussions on involvement of people during the LARP preparation and implementation. The following points were discussed with the stakeholders:
• Rules and Regulations of Tajikistan pertaining to land acquisition and Resettlement; • Requirements of ADB’s Safeguards on Involuntary Resettlement and provisions made under the compensation and rehabilitation policy for the Project; • Initial Draft Compensation Policy specially the Entitlement Matrix; • Eligibility of various types of compensation; • Project Assistance to the eligible APs; • Discussion on how to assess the replacement cost, i.e., unit cost for sample structures, productivity of land etc; • Discussions on implementation of the LARP with due involvement of all stakeholders; • Discussions on how to take forward the grievance and how to address the grievance during LARP implementation.
145. Consultations conducted during the finalization of the LARP I. The second major stage of consultations with stakeholders and affected communities included the following subjects:
detailed information about the Project detailed explanations of entitlements and grievance procedures to each affected person during the final measurements of affected assets
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daily consultations with the representatives of hukumats, Land Committee, MBTI and the State Committee on Investment and State Property Management of the Republic of Tajikistan. consultations with the Resettlement Working Group Committees in each Rayon Consultation sessions with all affected people in each Rayon
146. A summary of major consultations with communities, affected persons and government official conducted during the preparation of the Draft LARP and LARP I are presented in the following table. The detailed records of the consultation meetings with the affected people in all Rayons are provided in Appendix 5.
Table 8.1 LARP Consultations Matrix
Location/type of the Number of Matters discussed , questions and Date meeting participants answers Project information, resettlement Shakhrinav village, 05.03.2009 27 procedure, compensation Shakhrinav entitlements, land price. Project information, resettlement 05.03.2009 Choryakkoron village 33 procedure, compensation entitlements, land price. Project information, resettlement 05.03.2009 Kommuna village 14 procedure, compensation entitlements, land price. Project information, resettlement 28.03.2009 Mortepa village, Gissar 27 procedure, compensation entitlements, land price. Impact of resettlement, procedure, Resettlement working 07.10.2009 14 community involvement in group, Dushanbe compensation price for land Project information, resettlement 14.03.2010 Rayon Shakhrinav 30 procedure, compensation entitlements, land price. Project information, resettlement 15.03.2010 Rayon Gissar 30 procedure, compensation entitlements, land price. Project information, resettlement 17.03.2010 Rayon Rudaki 38 procedure, compensation entitlements, land price. Resettlement working ABD Safeguard, compensation, land 27.10.2010 23 group, Dushanbe evaluation methodology, resettlement Hukumat Gissar, Land Assessment of structures, Civil code 04.01.2011 8 Committee point 265, price list manual Land price, compensation for land, 05.01.2011 Land committee 10 records keeping
Location/type of the Number of Matters discussed , questions and Date meeting participants answers Procedure of measurement and Tursunzade,Land 06.01.2011 5 recording the data, progress related to committee measurement of agriculture land Land committee, Property evaluation, resettlement 12.01.2011 7 Gissar procedure Procedure of measurement and 15.01.2011 MBTI, Dushanbe 6 recording the data on buildings and structure, field work with the team Building evaluation procedure, record 20.01.2011 MBTI, Dushanbe 8 keeping, market prices for construction material Project outline, resettlement procedure, compensation Jamoat Karatog, 24.01.2011 42 entitlements, grievances, land and Tursunzade structure assessment procedure, land price. Project outline, resettlement procedure, compensation 26.01.2011 Hukumat Rudaki 40 entitlements, grievances, land and structure assessment procedure, land price. Project outline, resettlement procedure, compensation 27.01.2011 Hukumat Gissar 37 entitlements, grievances, land and structure assessment procedure, land price. Project outline, resettlement procedure, compensation 29.01.2011 Hukumat Shahrinav 55 entitlements, grievances, land and structure assessment procedure, land price.
8.2 Consultation Objective
147. The aim of the consultations was to explore measures necessary to safeguard the concerns of affected people and the people in the Project area. The main objectives of consultations were to
• disseminate information to the people about the Project in terms of its activities and the scope of the works • understand the views and perceptions of the people affected and local communities with reference to acquisition of land or loss of property and its due compensation • evaluate the road alignment • understand views of Affected people on LAR options and to understand their expectations • identify and assess major economic and social information and characteristics of the Project area to enable effective social and resettlement planning and its implementation • resolve issues related to impacts on community property and their relocation
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• examine APs’ opinions on health safety issues during the construction period and on potential areas of concern such as the handling of construction waste and other pollution issues. • identify levels and extent of community participation in Project implementation and monitoring • establish an understanding for identification of overall developmental goals and benefits of the Project • disseminate information to government, non-government and public private sector stakeholders and develop an approach for co-ordination, to ensure their participation and mobilization of support in the process for the successful planning and implementation of the Project • assess the local people's willingness to get involved with the Project and enumerate the measures to be taken during the implementation of the Project. • discuss entitlements and procedure for compensation • discuss grievance mechanisms available to the affected people during the resettlement and during the Project implementation phase • discuss the method for establishing the loss of land use price and get affected persons’ opinions • discuss evaluation of acquired land and assets and get affected people’s opinions and preferences • discuss evaluation of buildings and outbuildings, procedure for price formation and final evaluation of acquired assets • correct mistakes and errors occurred during the measurement of assets and evaluation • get people’s support and agreement on the resettlement procedure and final evaluation of the compensation sum for each affected person.
8.3 Individual Consultations
148. During the preparation of Draft LARP, individual consultations were conducted with all affected household representatives (436). A door-to-door 100% Census was conducted by administering a scientific questionnaire in order to know the LAR impact and condition of the APs. Additionally, socio-economic baseline survey was carried out in the Project affected area comprising 430 households.
149. During the finalization of LARP I, individual consultations with each of the affected head of household were conducted during the detailed survey and measurements on site. In particular, information on entitlements and grievance redress procedure were given to each affected household.
8.4 Community Consultation
150. Community consultations during the preparations of the Draft LARP were held at various locations, especially at 4 locations through focused group discussion which involved both men and women participants. The details of the locations recorded are at: (i) Choryakkoron (Women: 8 and Men: 25), (ii) Morteppa (Women: 6 and Men: 17), (iii) Shakhrinav (Women: 10 and Men: 17), (iv) Kommuna (Women: 5 and Men: 9). Community level discussions were held in different areas.
151. The benefits of the Project were explained in details. During the public consultation and meetings with a number of potentially affected people, it is observed that most of the people expressed their concerns about their livelihood issues. The majority fear the loss of the
commercial activities that will have a direct impact on their livelihood. However, it is noted that the loss of livelihood will be minimal and can be appropriately compensated. Almost all of the people welcomed the Project expressing their views that this is a Project of national importance. A summary of consultations covering the methodology, dates and participants is provided in Appendix 5. The major findings of the consultations held at various locations are summarized as follows.
• People are aware of the Project and are willing to render support; • APs losing property expect a proper compensation package; • The owners of affected structures stated that they should receive compensation adequate to build the similar type of structure elsewhere. They stressed that they should get advance notice for shifting and building new structures at new locations prior to the commencement of the Project construction works; • Proper measures need to be taken to restore loss of livelihood by displacement; • Proper safety measures need to be incorporated in the design of road improvements. Measures should focus on installing speed limits, warnings to traffic as providing adequate footpaths; • People advised that there are archaeological sites or protected place in the area but they are distant from the Project road; • Compensation should be based on a fair assessment; • APs requested to be further consulted on Project activities; • Contractors should be advised by the Project authority to employ local people.
152. The consultations confirmed that affected persons are well informed about the Project, resettlement strategy, compensation entitlements, grievance mechanisms, process of valuation of affected buildings and structures and the base for the land price determination. The summary of the consultations with affected persons conducted during the finalization of LARP I is presented in the following table.
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Table 8.2 LARP I Community Consultations Summary
Date and Place Participants Issues discussed and question and answers
Date: January 24, Foreign Resettlement The following information was given to the affected 2011 specialist persons: Location: Jamoat Local Resettlement Karatog – specialist - short information about the Project TURSUNZADE PIU Engineer - LARP phases Representative of the - affected persons’ rights to compensation State Committee on - grievance redress mechanism Investment and State - bases and process for determination of prices for Property Management buildings, fruit trees, agricultural, residential and of the Republic of commercial land Tajikistan Deputy Chairman of Most questions were related to prices of building material Tursunzade district and the basis for valuation of buildings and outbuildings. Land Committee of Affected persons asked whether prices of building Karatogh Jamoat material were the market prices. The government Jamoat Administration representatives and the APs confirmed in the discussion 42 Affected People that it was the case. There were no questions on residential and commercial land compensation rate. Also, compensation for agricultural land was acceptable for affected persons as the price for agricultural products was based on the current market prices. A great majority of affected persons sell their products at farm-gate prices, which are much lower than the market prices. Consequently, it was explained that the APs will receive more money in compensation than they would receive if they sell the crops from the affected part of their land.
Those who were satisfied with their compensation signed the forms. Two persons did not sign the form due to the following reasons:
The first case was related to differences between assets registered during the measurement and the assets registered for compensation. The mistake was corrected after the meeting. The second case was related to the mill and oil making rooms. The owner claimed that he forgot to show the related part of the building which has access through some holes in the wall. In addition, one small wall between husbandries buildings was not registered. The team re-visited the household, measured the affected assets and gave the details to the State committee for Investment for valuation.
Date and Place Participants Issues discussed and question and answers
Date: January 26, Foreign Resettlement The following Information was given to the affected 2011 specialist persons: Local Resettlement - short information about the Project Location: specialist - affected persons’ rights for compensation Hukumat RUDAKI PIU Engineer - grievance redress mechanisms Representative of the - bases and process for determination of prices for State committee on buildings, fruit trees, agricultural, residential and Investment and State commercial land Property Management of the Republic of The APs were interested mostly in compensation rates Tajikistan for the affected buildings. The representatives of the Deputy Chairman of State Committee for Investment explained the basis for Rudaki district buildings valuation. They explained the market prices of Land committee of various building materials and the method for calculating Choryakkoron jamoat a price of 1 square and 1 cubic meter of walls including Chairman of jamoat labour. After discussion, it was concluded that prices 40 Affected People given are real and in some cases, a few somoni higher than the prices the people stated. However, one of the affected persons was not satisfied with the evaluation of his clay-made home and his plot of the land. The team re- visited his home and corrected the amount for compensation.
Some of the affected persons were concerned for their non-affected assets which may collapse during the construction period. The procedure for claims during the construction period was explained. There was a complaint that the road will come too close to the house and the owner does not like to live that close to the road. The local Hukumat representatives explained the procedure for claiming a new plot of land.
A couple of persons whose assets will not be affected, asked why their assets were not taken as they have old walls and old houses and they wish to build new structures. A lengthy explanation was given about the exact measurements and the Client’s intention to minimize resettlement and to acquire land only where necessary.
The affected persons were satisfied with compensation for agricultural land and fruit trees. They asked if after receiving the compensation they can take their trees for wood. APs were satisfied with the answer that they can keep the trees for wood. There were no questions about commercial and residential land prices. All affected persons acknowledged their satisfaction with the assessed compensation by signing the form with the compensation amount for buildings and structures.
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Date and Place Participants Issues discussed and question and answers
Date: January 27, Foreign Resettlement Affected people were interested in prices for affected 2011 specialist buildings. Gisor is known by construction material Location: PIU Engineer businesses and present people were well informed about Hukumat- GISOR Representative of the the construction material market prices. After the State Committee on explanation of the methodology for the valuation of Investment and State buildings and other structures, the participants did not Property Management have any objections. Three of the affected persons of the Republic of objected the valuation of their assets as some basements Tajikistan parts and separation wall between rooms have not been Chairman of Hisor included. The team re-visited each of the affected district persons, measured the assets and gave information to Land Committee of the valuer to correct the amount for compensation. Hisor district Administration of The APs were satisfied with the compensation for Jamoat agricultural land and fruit trees. There were no questions 37 Affected People about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures.
People who live with married children demanded land plots for them. They were responded that there is no such compensation entitlement under the Project.
Date: January 29, Foreign Resettlement The present APs enquired about allowances for 2011 specialist vulnerable households, compensation for business losses Location: PIU Engineer and the time-frame for resettlement. They were explained Hukumat- Representative of the all principles governing the determination of entitlements SHAHRINAV State committee on for the allowances. In addition, there was a question Investment and State about affected cemetery wall and compensation for that Property Management structure. People asked if they can start now with clearing of the Republic of of the affected land and if they will be paid if they clear Tajikistan the land now. They were answered that they are not Chairman of Shahrinaw required to remove anything until they receive the full district compensation. Land committee of Shahrinaw district After explanation of the methodology for valuation of Administration of buildings and other structures, participants did not have jamoats any objections. Four of the affected persons objected the 55 Affected People valuation of their assets. The team re-visited each of the affected persons, did additional measurements and gave information to the valuer to correct the amount for compensation.
There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures.
8.5 Wide Consultation with Affected People
153. Wide consultations with affected people were organized in each Rayon in January 2011. Besides the affected people, representatives of local hukumats, Land Committees, State Committee on Investment and State Property Management of the Republic of Tajikistan and CRP were present at each consultation. In total, 180 affected persons participated in the consultations: in Tursunzade-42 persons, in Rudaki-40, in Gisor-37 and in Shahrinav 55 persons. In addition, a number of people whose assets were not affected participated at consultations.
154. At each consultation, the phases of the Project and the LARP, compensations entitlements, assets and land use right price formation and grievance mechanisms were explained and discussed. Most of the questions concerned the prices of buildings and building material, and basis for valuation of buildings and outbuildings. The affected persons scrutinized the prices of building material, verifying whether the compensation prices correspond to the prevailing market prices. As the Gisor Rayon is well known for a substantial number of businesses dealing with the construction material, the comments from this segment of the affected population served as a barometer for a realistic market evaluation of prices of construction materials and the affected buildings. 155. After a collective scrutiny of prices of various building components, the affected people examined the allocated compensation for their assets. In all Rayons, there were a few cases where people pointed out at certain errors in assets measurements or calculations of compensation rates for buildings, and minor discrepancies between the affected and recorded number of fruit trees. Each case was recorded, and the representatives of MOT and hukumats, together with the consultants and the owners visited the affected properties immediately after the consultations and corrected the errors. 156. There were no questions on residential and commercial land compensation rate. Further, the affected persons accepted allocated compensation for agricultural land. The reason is that the compensation was based on the current market prices for agricultural products, while most of the affected persons sell their products at farm-gate prices, which are much lower than the market prices. Consequently, the compensation is much higher than the affected persons would normally receive from selling the crops from the affected part of their land at farm-gate prices. 157. A few persons whose assets will not be affected by LAR, asked why their assets were not taken as they have old walls and old houses and they wish to build new structures. A lengthy explanation was given about the exact measurements and the Client’s intention to minimize resettlement and to acquire land only where necessary. 158. Generally, people gave their support to the Project and were grateful to the ADB for making the LAR process transparent, fair and democratic. They also suggested that rubbish collection points should be designated, so that the new road and the surrounding area stay clean. Others wished for a six -lane road, while people with extended families requested local hukumats to allocate new home plots for their married children.
8.6 Consultation with Government Officials 159. The concerned government offices were involved in the preparation of Draft LARP and LARP I. They include District Land Committees, Construction and Architecture Departments of the Hukumats, the MBTI (interdepartmental technical inventory bureau/pricing agency) and the State Committee on Investment and State Property Management of the Republic of Tajikistan. Other offices consulted include the ALMG, District Chairmen and the First Deputy Chairmen, District Agriculture
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160. Departments, Committees on Women and Family Affairs, Jamoats and village councils officials represent local, district, and national level government organizations. Additionally, consultations were held with the Working Group Committee. During the preparation of the Draft LARP, an in-house orientation training was provided to the working group committee about the ADB safeguards on Involuntary Resettlement. Issues related to cash compensation for land loss along with a mechanism for developing a methodology to calculate the replacement cost of land based on the market rate were discussed.
8.7 Continuation of Public Consultations
161. Consultations with the affected households will be continued throughout the Project implementation period as effectiveness of the resettlement implementation process depends on a continuing involvement of those affected by the Project. Several additional rounds of consultations with APs will be required during the implementation of LARP I and LARP II. The consultations will involve the procedure for receiving the compensation, assistance options, entitlement packages and income restoration. The next round of consultations will be organized when compensation and assistance are provided and the actual resettlement begins.
162. Information disclosure is pursued for effective implementation and timely execution of the LARP I. For the benefit of the community in general, and APs in particular, the LARP I will be made available at related offices of Hukumats, Jamoats for Mahalla leaders and NGOs (if other potential ones are found). For continued consultations, the following steps are envisaged by the Project:
• MOT and the consultants will organize public meetings to apprise the communities about the progress in the implementation of resettlement, and social activities. • MOT will organize public meetings to inform the community about compensation arrangements and amounts to be paid. A regular updates of the progress of the resettlement component of the Project will be placed for public display at the office of the Project Director MOT, and at local hukumat offices. • All monitoring and evaluation reports of the LARP I components of the Project will be disclosed in the same manner. • Key features of the entitlements will be disclosed along the Project corridor. • MOT, through the office of the Project Director will conduct information dissemination sessions at major intersections and solicit assistance of the local community leaders to encourage the participation of the APs in RP implementation. • Attempts will be made to ensure that vulnerable groups understand the process and to consider their specific needs.
8.8 Disclosure
163. To maintain transparency in planning and for further active involvement of all stakeholders and the general community in the implementation of LARP I, the Project information was disseminated through disclosure of the resettlement planning documents. Each AP was given a pamphlet with information regarding the specific entitlements. The pamphlet specifically covers a brief Project description, compensation eligibility and entitlement including the entitlement matrix, schedule of LARP implementation and the compensation rates (Appendix 3). The final LARP I, in both English and Russian languages, will be available in the office of the Project Director. The same information will be made available to APs upon request. A copy of the final LARP I will be disclosed in ADB’s website and the same will be disclosed in the web site of MOT both in English and in Russian.
9. LARP PREPARATION, IMPLEMENTATION AND CAPACITY BUILDING
9.1 General
164. The implementation of both phases of the LARP is scheduled to fit the overall Project implementation plan. All activities related to land acquisition and resettlement will be planned to ensure that compensation is paid at least 1 month prior to displacement and commencement of civil works. In cases where physical relocation is necessary, a sufficient time to build a new home or business will be given. Public consultations, internal monitoring and grievance redress will be undertaken intermittently throughout the Project implementation period. However, the schedule is subject to modifications, depending on the actual progress of the Project activities. The Project LAR activities are divided into six broad categories, based on the stages of work and the process of implementation. These phases are the following:
(1) LARP I preparation; (2) LARP I implementation; (3) LARP I Monitoring and Evaluation; (4) LARP II preparation; (5) LARP II implementation, and (6) LARP II Monitoring & Evaluation phase.
165. To allow for effective execution of all LAR related tasks, the services of international and national Social/Resettlement Specialists are included in the Terms of Reference of the PMC Contract in the Project Administration Manual. These specialists are responsible for the provision of on-the-job training and guidance to officials. The Working Group for the LAR activities has been consulted and initial training was imparted during the preparation of the Draft LARP. In addition, information and guidance were re-enforced during the finalization of the LARP I. The specialists provided guidance to MOT and other agencies responsible for the preparation and implementation of both phases of LARP on the following subjects:
• Principles and procedures of land acquisition as per Tajikistan Laws and ADB’s safeguards on Involuntary Resettlement; • Public consultation and participation; • Entitlements and compensation & assistance disbursement mechanisms; • Grievance redress; and • Monitoring of resettlement operations.
9.2 LARP I Implementation Phase
166. As discussed in the introductory sections of this document, due to the practical requirements of the design-build method adopted for the procurement of civil works for the Project, the LARP will be prepared in two phases. For this reason, the information in this section will be limited to the completed activities common to both phases of the LARP and those concerning the implementation of LARP I. Implementation arrangements pertaining to LARP II will be prepared by the PMC Consultant.
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167. A full implementation of the final LARP I will be confirmed by a compliance report of the Independent Monitor (External Monitoring Consultant, or EMC). The implementation phase follows various steps in a sequence that includes both the preparation and implementation. The detailed steps concerning the preparation and implementation of LARP I are described in the following table.
Table 9.1 Steps for LAR Activities
Step Action Responsibility
A) LARP I PREPARATION Identification of Project and finalization of road 1 PPTA consultant/MOT alignment and offsets
Identification and Setting up of various institutions such as Land Commission, Working Group , MBTI etc 2 concerned for the LAR planning and implementation PPTA consultant/MOT including deputation of designated officials in the office of the Project Director MOT
Imparting initial level of training on LAR issues Resettlement Specialists under PPTA 3 especially ADB’s policy requirement on Involuntary consultant/ PIU Resettlement and applicable laws of Tajikistan
Preparation of the first draft compensation policy including its provisions for compensation and assistance Resettlement Specialists under PPTA 4 in the Project , especially eligibility and various consultant entitlements and discussions with MOT
Initiation of first hand discussion on provision for cash Resettlement Specialists under PPTA 5 compensation for land loss with PIU and Working Group consultant
Formation of survey team and imparting training to the Resettlement Specialists under PPTA 6 survey team on LAR activities especially on data consultant collection through census and socio-economic survey
Carry out Census and Socio-Economic Survey ( Base Resettlement Specialists under PPTA Line Information) of affected people based on the 7 consultant/ designated PIU staff/Local preliminary design available as part of the feasibility level land commission staff/ hukumats stage
LAR Team under the PPTA 8 Carry out public consultation consultants
LAR Team under the PPTA Collection of unit rates from buildings and structures consultants, LAR Team under the 9 from the local MBTI officials and the State Committee Contract for Preparatory Procurement on Investment and State Property Management of the and Safeguard Services Republic of Tajikistan
Step Action Responsibility
Integrate data from Census and socio-economic data Resettlement Specialists under PPTA 10 into the LARP. consultant Preparation and submission of Draft LARP to ADB and Resettlement Specialists under PPTA 11 MOT for comments and approval consultant B) FINALIZATION OF LARP I Finalization of alignments and offsets on selected phase MOT/ LAR Team under the Contract 1 1 road segments with the approval from MOT. Final for Preparatory Procurement and measurements of affected assets. Safeguard Services Finalization of the compensation policy with due 2 approval from ADB and MOT on the eligibility and PIU/MOT/Working Group/ADB entitlement LAR Team under the Contract for Preparatory Procurement and 3 Updating of impacts Safeguard Services /Project Management and Supervision Consultants/ MOT/Working Group LAR Team under the Contract for Preparatory Procurement and 4 Preparation of micro plan for each affected asset Safeguard Services/ MOT/Working Group/ Land Commission
Identification of alternate land parcels and Preparation MOT /Working Group/Land 5 of land micro land plan for each affected land in case of Commission land for land compensation
LAR Team/Project Management and Supervision Consultants/PIU/Working 6 Valuation of land in case cash for land loss Group/Land Commission/ Independent Valuer if available and authorized by the government LAR Team under the Contract for Public consultation and information sharing on LAR Preparatory Procurement and 7 activities Safeguard Services/MOT/Working Group 8 Collection of updated unit cost for the lost assets MOT/ MBTI/ Working Group
C) LARP I IMPLEMENTATION Issuance of Identity Cards to APs based on the micro MOT/Working Group through the help 1 plan of Hukumats
2 Detailed Schedule for compensation action plan MOT/ Hukumats
MOT/Working Group with the 3 Distribution of Relocation Notices to APs assistance of hukumats Disbursement of compensation amount for Land MOT/Working Group with the 4 Compensation assistance of hukumats
Disbursement of cheques for other Compensation & MOT/Working Group with the 5 Assistance/ Rehabilitation assistance of hukumats
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Step Action Responsibility
MOT/Working Group with the 6 Demolishing/ Relocation of Affected Structures/Assets assistance of hukumats
External Review of LARP Implementation through MOT/ with the assistance of 7 submission of a compliance report Independent Monitor
Availing no objection from ADB if RP Implementation 8 ADB found satisfactory
9 Notice to proceed for civil works is issued ADB/MOT
D) POST-IMPLEMENTATION TASKS Independent Monitor (EMC) and 1 Independent evaluation of LARP I Project Management Consultant (PMC) E) CYCLICAL/CONTINUOUS TASKS
1 Internal monitoring. Quarterly reporting to ADB MOT
2 External Monitoring. Semi-annual reporting to ADB EMC, PMC
3 Grievances Redress/Law Suites MOT/Working Group/Court
4 Inter-agency coordination and Communication with AP MOT/Working Group
9.3 Monitoring and Evaluation Period
168. Internal monitoring will be the responsibility of MOT, through the office of the Project Director. It will commence when the implementation of LARP I starts and it will continue until the completion of the Project. Independent monitoring and evaluation will start immediately after the commencement of land acquisition. The PMC will prepare half-yearly reports until the completion of both phases of the LARP.
9.4 LARP Implementation Schedule
169. The implementation schedule covering both phases of LARP has been prepared on the basis of the tentative schedule for the procurement of the civil works package. The schedule displayed in the following table provides for the progression of the LARP actions in a logical and coordinated manner linked to the Project specific dates. The schedule can be adjusted depending on the actual progress of the contractor’s detailed design of the final alignment for the road segments not finalized by during the Contract for Preparatory Procurement and Safeguard Services.
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9.5 Key Actions
170. In order to finalize the compensation arrangements for affected persons in conformity with ADB resettlement safeguards and the Tajikistan law, it was necessary to develop an inclusive compensation method that will allow affected people to attain the same, or a higher level of well-being than they had without the Project. The MOT Working Group was established with the objective to determine the appropriate valuation method based on ADB resettlement policy and the Tajikistan law. To further the discussions of the Working Group, and to meet the needs of the Project, it was necessary to conclude the compensation methodology. The basis of the adopted methodology is explained in section 4.7 of the LARP I. The necessary tasks and the outcomes are described in the following table.
Table 9.2 Key tasks for LARP I implementation
Task Actions Outcomes needed
Identify, with district administrations, extent and 20 plots (by the Presidential location of land that can be prepared for decree) have been allocated to production and then allocated to affected the Hukumats for relocation persons. requirements.
Determine the improvements necessary to land Households and business to bring it into production. which will be relocated are Examine the feasibility identified. Ensure that of compensation of In respect of land that may be available for re- allocated plots are developed affected land with allocation, determine potential affected and utility connections alternative land households to whom the land can be allocated. available.
Where recipients of re-allocated land will incur Relocation allowances are higher costs in operating the new land, such as included in the budget. Ensure increased travel costs to the land and the local that eligible affected persons markets, determine appropriate allowances to receive the allowance. compensate for the increased cost. A methodology for valuation, agreed by the Working Group Engage an independent valuer to assess the Finalize a proposed and affected people. monetary value of use rights to agricultural, methodology for the residential and commercial land. valuation of land use Basis for valuation of rights to enable agricultural land were For agricultural land, determine a basis of compensation in determined, discussed and valuation, based on the level of compensation monetary terms agreed with major required to re-establish livelihood. stakeholders including affected persons.
9.6 Capacity Building
171. This is the first large scale LARP to be implemented in Tajikistan and the EA and the local institutions responsible for land acquisition and resettlement have little experience with the
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ADB resettlement safeguards. Therefore, a robust capacity building should be provided during the implementation of the LARP I. This should be done as on the job-assistance by a resettlement officer located at the ADB resident Mission and through the implementation of a countrywide capacity-building program including (i) the provision of training; (ii) improvement of governance mechanisms and administration for resettlement, (iii) policy alignment, (iv) the enhanced LAR procedures, and (v) improvements of technical instruments for LAR.17
17 ADB. RETA 7433-REG – Mainstreaming Land Acquisition and Resettlement Safeguards in the Central and West Asia Region, 2009
10. RESETTLEMENT BUDGET AND FINANCING
10.1 Sources of Financing
172. The resettlement budget for LARP I is based on the stakeholders’ approved compensation rate for loss of land right use, independent evaluation of the replacements costs for buildings and structures, associated costs for livelihood restoration and other specific provisions such as allowances for vulnerable persons, cost of services of a registered land valuators and 5% contingency.
173. The Government of Tajikistan will provide compensation for lost assets and income rehabilitation. The Government will also provide funds for allowances specifically required by ADB such as severe impacts, provision for vulnerable affected households and relocation allowances. The details of the compensation cost for each category of impact are provided in the following sections.
10.2 Land Compensation Cost
10.2.1 Agricultural land compensation costs
174. The compensation for the loss of land use rights over the affected agricultural land is based on the productivity of land based on the type of crop cultivated and on the average gross market value (inclusive of inputs and labor) of the crop over the year of impact. The replacement cost of the land is determined by the following formula: Compensation Amount = Yield per m2 x Area affected x Gross market value of the crop x 5 years (in case of annual crops or wines) or x 1 year in case of perennial crops. 175. Affected areas, yields and crop values have been determined and verified by the relevant district administrations. The compensation costs for agricultural land is determined in the following tables, based on the productivity of different crops.
Table 10.1 Compensation for the loss of use-rights on agricultural land cultivated by orchards
Average Total Tree Cultivated No of Average market Totalcompens production production Type area (m2) trees value ( TJS x kg) ation (TJS) kg x tree (kg) Peach 300 22 25 550 5 2,475 Grapes 1,400 35 25 875 5 4,375 Cherry 4,000 62 25 1,550 5 7,750 Apple 9,900 112 40 4,480 3 13,440 Total 28,040
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Table 10.2 Compensation for loss of use-rights on agricultural land planted with annual crops
Total compensation Aea Average Value of Annual allowance ( 5 yrs. annual Crop Type cultivated productivity products crop value crop value) (m²) (kg/ha) (TJS x kg) (TJS) (TJS) Wheat 53,630 3,500 1 18770.5 93,852.5 Lucerne 33,475 10,000 0.3 10042.5 50,212.5 Onion 6,015 20,000 1 12,030 60,150 Vegetables 3,225 16,000 0.7 3,612 18,060 Tomatoes 200 16,000 1 320 1,600 Potatoes 50 20,000 2 200 1,000 Paddy 7,244 5,000 2.2 7,968.4 39,842 Cotton 30,605 2,500 2.2 16,832.75 84,163.75 Total 348,880.75
10.2.2 Residential/commercial land compensation costs 176. The APs who will lose land use rights for residential/commercial land will be compensated either through the allocation of replacement land, or by provision of cash allowance. Under LARP I, two households and one small shop that will be left without the land sufficient to re-establish their houses/shop will be given replacement plots, while the remaining households/shops will receive cash allowance for the loss of land use rights. a. Replacement plots preparation costs
177. The two households that will lose residential land will each receive 600 - 800 m2 of land. The shop owner who will lose his business plot will be provided with a replacement plot appropriate to his business requirements. (Appendix 7 shows the households that will be provided with replacement plots). The support for the preparation of each replacement plot will be provided to ensure that APs can rebuild their structures and re-establish their households/shop at new locations. The government will pay the costs of power supply connection, land filling and clearing and the provision of sanitation facilities. The estimated plot preparation costs are included it in the LAR budget (refer to Table 10.3).
Table 10.3 Plot preparation cost
Service Cost/plot (TJS) Total for all 3 plots Electricity 900 2,700 Water-pump 1,350 4,050 Septic tank 1,350 4,050 Total 3,600 10,800
b. Rehabilitation cash allowance for the loss of land use right
178. The households that will lose in total 6,216.30 m2 of residential/commercial land under LARP I will receive a cash allowance as rehabilitation assistance for their loss of land use rights. This compensation is calculated on the basis of the current land lease rate of $ 0.10 per m2 multiplied by 25 years, which amounts to a unit rate of $2.5/m2 (TJS 11/ m2 at the exchange rate of 1 USD = 4.4026 Somoni, as of 21 January 2011, http://www.nbt.tj/ ).
Table 10.4 Cash Compensation for the loss of residential/commercial land use rights
Affected Compensation Category of AP No Total TJS area (m2) (11 TJS/sqm) AP with marginal land loss and 78 6,216.30 TJS 11/ m2 68,379.30 with sufficient land to rebuild
10.3 Structures and Improvements Compensation Costs
179. Compensation for the affected structures was determined by the State Committee on Investment and State Property Management of the Republic of Tajikistan. Affected quantities and compensation rates have been determined for each structure. The State Committee specialists visited each affected structure and re-checked measurements and construction material. Each given value is based on the current market prices inclusive of all components, transport and labour.
180. The State Committee on Investment and State Property Management of the Republic of Tajikistan determined the compensation for all affected structures. The volumes/quantities of losses and compensation rates have been determined for each structure. The State Committee specialists visited all affected structures and re-checked the measurements and the construction material. The valuation was based on the current market prices inclusive of all components, transport and labour.
181. Buildings and outbuildings are assessed in cubic meters. The local people believe that this unit measurement is more appropriate as the measurement in square meters does not reflect particular characteristics of each building; people argue that some buildings have wall heights of 2.30m, some 2.80m and some 3m. Also, the wall thickness is not standard and each building had to be assessed separately.
182. The walls construction costs were determined according to the construction standards of the Republic of Tajikistan (2007) based on the quarterly unit costs for the main construction resources for the 4th quarter 2010 . The State Committee provided the following unit prices:
Table 10.5 Unit prices for construction material
82
Price inclusive of associated Type Unit Thickness costs (TJS) Concrete wall 1 m³ 500mm 486.6 Brick wall 1 m² 380mm 151 Brick wall 1 m³ 380mm 396 Clay wall 1 m² 400mm 42 Clay wall 1 m³ 400mm 105 Cement-block wall 1 m² 400mm 98 Cement-block wall 1 m³ 400mm 244.5
183. The unit prices determined by the State Committee were discussed and confirmed by the affected people during the community consultations conducted in each Rayon. The following tables summarize the total quantities and agreed compensation for the affected structures. The total compensation value for buildings is 855,842.4 TJS. The total compensation value for walls, fences and miscellaneous structures is TJS 293,221.60. Details on compensation unit rates for each structure are presented in Appendix 7.
Table 10.6 Houses, shops, sheds and outbuildings Total compensation Type of building No. Volume m3 TJS Multi- storey buildings 2 613.1 88,826 Single floor cement buildings 8 679.3 183,256 Single floor burnt bricks buildings 5 1,434.3 174,733 Single floor mud bricks buildings 5 277.7 37,605 Single floor mud walls buildings 4 720.6 108,316 Sheds 15 359.0 38,221 Outbuildings (toilets, barns) 41 2,144.3 224,885 Total 80 6,228 855,842.4
Table 10.7 Walls and fences Total compensation Type of Structure Number Volume m3 TJS Concrete wall 30 185.3 118,186.6 Cement blocks wall 20 231.9 97,744 Burnt bricks wall 1 2.0 792 Mud bricks Wall 10 67.5 19,349 Mud wall 12 272.6 44,636 Wire netting fences m² 3 90.4 723 Metal sheet fences m² 4 148.8 3,024 Concrete surfaces 2 15.6 7,584 Ovens 2 15.3 1,183 Total 84 1,029.5 293,221.6
10.4 Crops Compensation Costs
10.4.1 Compensation for annual crops
184. Compensation for losses of annual crops will be paid in cash at full market rate for 1 year’s yield. The following table summarizes the total quantities and agreed compensation for the affected crops.
Table 10.8 Annual crop losses compensation costs
Average crop Value of 1 kg of Annual crop value Cultivated Crops productivity products compensated area (m²) kg/ha TJS TJS Wheat 53,630 3,500 1 18,770.5 Lucerne 33,475 10,000 0.3 10,042.5 Onion 6,015 20,000 1 12,030 Vegetables 3,225 16,000 0.7 3,612 Tomatoes 200 16,000 1 320 Potatoes 50 20,000 2 200 Paddy 7,244 5,000 2.2 7,968.40 Cotton 30,605 2,500 2.2 16,832.75 Total 134,444 69,776.15
10.4.2 Compensation for perennial crops
185. Compensation for fruit trees and vines losses were calculated as a product of the value of annual crop of the tree multiplied by the number of years necessary to re-grow the tree to the productive stage. Fruit trees on agricultural land are affected only at the road segment 3 (refer to Table 10.9).
Table 10.9 Compensation for fruit trees on agricultural land
Annual Product Total Market Years for Type of No. of fruit Total ion production value replaceme trees trees value (TJS) (kg/tree) (kg) (TJS/kg) nt of trees (TJS) Peach 22 25 550 5 2,475 2 4,950 Grapes 35 25 875 5 4,375 4 17,500 Cherry 62 25 1,550 5 7,750 2 15,500 Apple 112 40 4,480 3 13,440 3 40,320 Total 231 115 7,455 4 28,040 3 78,270
84
Table 10.10 Compensation for fruit trees grown on residential plots
Total Yearly Current market No of years Compensation Affected No. of yield (kg.) value of product to re-grow a rate fruit trees trees per tree (TJS/kg) new tree (TJS) Apple 18 40 4 3 8,640 Cherry 17 25 5 2 4,250 Small cherry 74 20 4 2 11,840 Peach 2 15 5 2 300 Apricot 16 50 2 2 3,200 Pomegranate 39 25 6 2 11,700 Nut tree 34 50 6 4 40,800 Grapes 44 25 6 4 26,400 Mulberry 13 30 3 2 2,340 Khurmo 26 50 1 3 3,900 Total 283 33 4.2 2.6 113,370
10.5 Compensation for Business Losses
186. Nine businesses will be affected during the LAR I activities, but only one needs to be relocated. For practical reasons and to provide their owners with effective rehabilitation for severe income losses all business are considered as permanently affected even if the period of business stoppage will average 3-4 months.. The businesses owners are entitled to cash compensation equal to 1 year of net income.. The objective of such a compensation arrangement was to help the affected businesses owners in minimazing their losses and restore their activities faster..
187. The assessment of compensation for those who have tax records, was based on the actual yearly income. Only one business owner does not have registration and his business is compensated according to the maximum non-taxable monthly income in Tajikistan (TJS 288). The compensation amounts for different types of businesses are given in the following table. The amounts combine compensation for the APs with and without the tax declaration.
188. Only one of the affected businesses is not registered with the district hukumats. The local authorities will assist the owner to obtain registration free of charge – if he wishes to do so. However, each affected business will be compensated regardless of their legal status.
189. The issue of affected unregistered businesses and businesses without tax records was discussed with the relevant district government authorities. The local authorities agreed that regardless of business type, size and legal status, each affected business will receive compensation. The district authorities confirmed this decision in the letters to the Ministry of Transport (Appendix 15). List of business owners provided in Appendix 8.
Table 10.11
Compensation for Business Losses and Stoppages
No. KM. Business Affected Registration status Compensation
1 58.15 Shop (Food/ manufactured goods) Yes 2,000 2 Barber shop Yes 1,500 3 26.53 Shop (Food/ manufactured goods) Yes 4,000 4 Snack food outlet Yes 7,500 5 19.15 Shop (Food/manufactured goods) Yes 4,000 6 14.12 Shop (Food/manufactured goods) Yes 20,000 7 Café / Canteen Yes 6,000 8 19.15 Construction materials shop Yes 7,000 9 21.05 Car repair workshop No 2,772 Total 54,772
10.6 Allowances
10.6.1 Severe impact allowances 190. According to the LARP compensation policy the severely impacted households are either those who will be relocated or those that will lose more than 10% of their income source. In case of business losses, the affected households will receiveunder this LARP a full year’s income even though the period of business stoppage will be much shorter (about 3 months). It is therefore assumed that the severity of impact is addressed by that compensation. Severe impact allowances will be payable to the APs losing 10% or more of their agricultural land or resettled and will be provided in form of a rehabilitation allowance equal to six months’ minimum salary.The minimum salary is taken as the average monthly wage published by the Government of Tajikistan’s Statistical Agency for 2008, which is TJS 231 per month. (1,386 x 6 months)
Table 10.12 Severe Impact Allowances
Rehabilitation allowance (TJS) Eligible households Rate Total 54 1,386 74,844
10.6.2 Allowances for vulnerable APs
191. The compensation rate for vulnerable AP allowances is based on 2 months of the minimum salary, which amounts to TJS 462 per eligible household. In the first phase of the resettlement, there are 69 households identified as vulnerable. The total amount to be paid for the LARP I is TJS 31,878.
86
Table 10.13 Allowances for vulnerable households
No of Vulnerable AP Allowance (TJS) households Rate (TJS) Total 69 462 31,878
10.6.3 Resettlement allowances
192. The resettlement allowances will be paid to all households/businesses which will be relocated and those which business need to be repaired. Apart from two relocating households, there are no affected houses in need for reconstruction or repair.
193. Each relocated household/business will receive a resettlement allowance equivalent to 3 months of a minimum salary (TJS 231/month). In addition, they will receive 500 TJS for transport expenses. Each business in need for reconstruction/repair will receive a resettlement allowance of 3 months of a minimum salary (TJS 231/month). The total cost (See the following Table) of resettlement allowances is TJS 2,886.
Table 10.14 Resettlement Allowances costs
Resettlement No. of Transportation Total Type of allowance AHs allowance allowance Resettlement (No. of AHs x (500 TJS) (TJS) 231 TJS x 3 months) House relocation 2 1,386 1,000 2,386 Shop/business 1 693 500 1,193 relocation Total 3 2,079 1,500 3,579
10.7 Support to LARP Implementation
194. A provision of 150,000 TJS has been made to cover expenses related to LARP administration.
11. SUMMARY OF COSTS
195. The compensation and other related resettlement costs due to LARP I amount to TJS 2,290,736.00. This amount includes 5% contingency to cover the cost of complaints, if they arise. The summary of the budget for LARP I is provided in the following table. The total budget estimate, which includes both phases of LARP is provided in Appendix 10. That budget includes the final cost of LARP I and an estimate of the LARP II budget. The total budget is slightly higher than the budget estimated in the Draft LARP prepared during the Preliminary Design stage of the Project.
Table 11.1 LARP Budget
Item Total (TJS)
1. Rehabilitation Assistance for Loss of Land Use Right a. Cash Allowance - agricultural Land 376,920.80 - Residential / Commercial Land 68,379.30 b. Preparation for allocated residential/commercial plot 10,800.00 2. Compensation for Structure Losses a. Buildings 855,842.00 b. Walls and Fences 293,222.00 3. Compensation for Crop Losses a. annual crops 69,776.15 b. perennial crops/fruit trees 78,270.00 c. fruit trees at households' plots 113,370.00 4. Compensation for Businesses Losses 54,772.00 5.Allowances a. Allowance for Severely Affected APs 74,844.00 b. Allowance for Vulnerable APs 31,878.00 c. Relocation allowance 3,579.00
Total compensation Costs 2,031,653.25
6. Support Costs 150,000.00 Total 2,181,653.25 Contingency 5% 109,082.66 Grand Total 2,290,736.00
88
12. MONITORING AND EVALUATION
12.1 Introduction
196. Monitoring & Evaluation (M&E) are important activities necessary to ensure that LARP I is implemented properly, on schedule and within the budget. The purpose of M&E is to provide feedback to all stakeholders on the implementation progress and to identify problems as early as possible to facilitate effective adjustment of the implementation arrangements. Its main objectives are the following:
• to ensure that the standard of living of APs is restored or improved • to ascertain whether the activities are progressing according to the schedule and that the planned milestones are achieved; • to assess whether the compensation and rehabilitation measures are sufficient; • to identify problems, or potential problems; and • to identify methods of responding immediately to mitigate problems.
197. During the implementation of LARP I, all planned tasks will be subjected to both internal and external monitoring. On behalf of MOT, the Project Director and his staff, including one LAR Specialist, will conduct internal monitoring. External monitoring will be assigned to an External Monitoring Consultant (EMC) who will be engaged by MOT and approved by ADB. The EMC will be selected among NGOs, academic Institutions, or consulting firms.
12.2 Internal Monitoring
198. Internal monitoring will be carried out routinely by PIU/MOT with the help of the resettlement specialists. The results will be communicated to ADB in quarterly Project implementation reports. The indicators for internal monitoring will be those related to processes and immediate outputs and results. This information will be collected directly from the offices of the Project Director MOT, and the hukumats. It will be used to assess the progress and results of LARP I implementation, and to adjust the work program, if necessary. The quarterly reports will be incorporated in the standard supervision reports to ADB. The specific monitoring benchmarks will be:
• Information campaign and consultation with APs; • Status of land acquisition and payments on land compensation; • Compensation for affected structures and other assets; • Relocation of APs; • Payments for loss of income; • Selection and distribution of replacement land areas; and • Income restoration activities
199. MOT will collect this information through the office of the Project Director, who is responsible for monitoring the day-to-day resettlement activities of the Project. The Project Director and his staff are responsible for carrying out the following tasks:
• Review of census information for all APs;
• Consultation and informal interviews with APs; • In-depth case studies; • Sample survey of APs; • Key informant interviews; and • Community public meetings.
12.3 External Monitoring
200. External monitoring will continue beyond the implementation periods of both phases of LARP. External Monitoring Consultant will monitor the implementation of LARP I and prepare the first semi-annual report. The Project Management Consultant (PMC) will monitor the implementation of LARP II and prepare and the second and all subsequent semi-annual reports that will be communicated to MOT and ADB. The indicators for external monitoring tasks will include the following groups of activities: a. Verification and Monitoring Plan Preparation
• Review of the socio-economic baseline survey information of pre-Affected persons; • Identification and selection of impact indicators; • Consultation with APs, officials and community leaders as appropriate • Preparation of a Monitoring Plan, detailing how compliance with the LARP will be objectively verified, taking into account any proposed phasing of the Project.
b. Compliance Monitoring
• The EMC/PMC will, on the basis of indicators identified in the Monitoring Plan, assess compliance with the LARP and prepare conclusive reports for MOT.
c. Evaluation
201. The PMC will carry out a post-implementation evaluation of both phases of LARP about a year after completion of the implementation of LARP I and report whether or not the objectives of the LARP have been attained. The benchmark data of socioeconomic survey of severely affected APs conducted during the preparation of the LARP will be used to compare the pre and post Project conditions. The PMC will recommend appropriate supplementary assistance for the APs if the outcome of the study shows that the objectives of the LARP were not achieved. A broad monitoring matrix comprising the monitoring indicators is given in the following table.
Table 12.1
90
Monitoring Indicators
LAR Activities Progress Remarks Pre Construction Activities and LAR Activities 1 Assessment of resettlement impacts due to changes in Project design (If required) 2 Preparation/ updating of the resettlement plan based on changes in Project design 3 Approval of updated LARP I by ADB 4 Circulation of information leaflet 5 Capacity building of LAR team in PIU/Hukumat 6 Verification of APs Census list; assessment on compensation and assistance, and readjustment LARP Implementation 1 Payment of compensation to APs 2 Disbursement of assistance to title holders 3 Disbursement of special assistance to vulnerable groups 4 Replacement/ shifting of community property resources Reinstallation of public utilities 6 Records of Grievance Redress Social Measures During Construction as per Contract Provisions 1 Prohibition of employment or use of children as labour 2 Prohibition of forced or compulsory labour 3 Equal pay for equal work to both men and women 4 Implementation of all statutory provisions on labour like health, safety, welfare, sanitation, and working conditions 5 Maintenance of employment records of workers 6 Awareness Program on HIV/AIDS
Type of crop and area of cultivation m Affected Cultivated Land / Area m
Collective Dehkan Farm Хочагии Дехконии Колективи
APPENDIX 1 Yearly yield (kg.) per tree LANDCurrent Market ValueACQUISITION of Product per kg Number of Years to Re-grow aFORM New tree Affected Fruit Trees Хосили солона (кг) аз 1 (TJS/kg) Мудати вакт барои парвариши чунин Дарахтони мевадихандаи зарардида дарахт Арзиши имрузаи 1 кг махсулот дар бозор дарахти мевадиханда (Сол) Project: CAREC Corridor 3 (DushanbeMajor Uzbekistan Economic border)Activities Improvement / Please tick Project Лоиха(ТС/кг: ) Лоихаи Бехтаркунии Шохрохи Душанбе - сархади Узбекистон Funded by: Asian DevelopmentФаъолиятхои Bank асосии иктисоди (даромадноки) оила / Ишора кунед Маблаггузор: Бонки Осиёгии Рушд Implementer: Ministry of Transport and Communication, Republic of Tajikistan ИчрокунандаLAND ACQUISITION: Вазорати Наклиёт AND ваRESETTLEMENT Коммуникатсия PLAN, Чумхурии - INDIVIDUAL Точикистон CASES Grant No: 42052 НАКШАИ ЧУДО НАМУДАНИ КИТЪАИ ЗАМИН ВА КУЧОНИДАНИ АХОЛИ - Пурсишномаи хочагихои алохида
Number of Disabled HH member Vulnerable HH Шумораи шахсони маъюб дар оила Оилаи камбизоат / ишора кунед Project section / Китъаи лоиха Date of visit / Санаи ташриф ____/_____/201_Transport/taxi Daily Wage Others Annual Crops Orchard Vineyard 2 Замини кишти зарардида / Масохат м2 Мусофиркшон Кори кироя Дигархо Зироати Бог Токзор Head of household's Name / Ному насаби сардори оила ______ва и Такси солона Ownership / Сардори оила: Male headed / Мард рохбарикунанда: ______Female headed / Зан рохбарикунанда: ______савдо Onion Tomatoes 2 / Номгуи зироат ва масохати кишт м Flax 2 Type of ownership Corn Wheat Cotton Lucerne р тошка Пиёз Поми д о р ду м Заге р у чка Шакли сохибият ба замин Чуворимака Ган Пахта Юн Individual Dehkan Farm Address / АдресPresidential: landдехаи ______чамоати ______нохияи ______Хочагии Дехконии инфироди Замини Президенти Vegetables Potato Сабзавот Ка Outbuildings (toilets, barns) Дигар бинохои ёрирасон Other / Дигар Timber sheet (хочатхонаOther , анбор, г. (м Agriculture Agricultural Small Government Business and Дигар Кишоварзи labor enterprise Кори давлати trading Number of Grapes / Ангур Affected Residential and comercial land / Area m Кори кирояи Сохибкории (расми) Сохибкори Trees / Non fruit trees/ Дарахтони гайри меваги кишоварзи хурд Residential / Истикомати Comercial / Сохибкори Шумораи Apple / Себ 2 2 / Замини Истикомати ва Сохибкории зарардида Масохат м дарахтон Cherry / Гелос Buildings (type1) multi- storey Buildings (type 3)single floor Buildings (type 4) single floor Buildings (type 5)single floor Affected Buildings, Shops, Sheds and Outbuildings / Бинохо, магозахо, Навесхо ва дигар иншоотхои берунии зарардида Бинохои намуди 1 burnt bricks mud bricks mud walls Small cherry / Олуча Бисёрошёна Бинохои намуди 3 Бинохои намуди 4 Бинохои намуди 5 3 ) Peach / Шафтолу якошёна аз хишти пухта якошёна аз хишти хом якошёна аз девори лои 2 Number Шумора Affected Walls and Fences / Деворхо ва чапаракхо (ограждений)-и зарардида Concrete Wall Burnt Bricks Wall Mudbricks Wall Mud wall 3 ) Other Сементи ва ё семблок Аз хишти пухта Аз хишти лои Девори лои Дигар Wire netting fences Wooden sticks fences 2 ) 2 А з ва р акаи метали м 2 А з тахта м 2 Affected Person Agreed Сеткаи симин м Аз шоху навдаи дарахтон Шахси таъси Metal sheet fences Fences (m²) Чапаракхо (м Affected Business Patent Sertificate Сохибкории зарардида Buildings (type 2)single floor Number of Area m 2 Патент Сертификат Масохат м 2 Signatures / Имзохо Shop (Food/manufactured goods)cement businessesу мо р а Sheds ур оквоБинохоир намудии 2 Ш рд и д а ( са рд о р и оила ) Рози хастам Магозаи Х ( б уф ет , столовая ) Butchery Café / Canteen / Шипанг Ду кони Г у шт якошёна сементи Concrete surfaces / Сурфахои Water pipes / Кубурхои Ошхона Hukumat's Representative (Навес) у ктаи фуру ши С у зишво р и ( АЗС ) бетони (бетонные покрытия) обгузар (водопроводные д аи Х у к у мат Wells / Tanks/pools / Pumps / Retaining walls Ovens / Печка Gates / Pits Чоххо Other / Дигар трубы) Намоян ДуСкважинакони х Хачмиур обгириоки тезтаё Насосхо Деворхоир шаван д а Дарвозахо (Ямы) Area m² Pharmacy Fuel station (резервуар) такяги д аи Ш у ъбаи Ич р оиши Лоихахо Аптека Н Масохат м Д ига р хо ва ё хавзи об (подпорные) Other (specify)Snack food outlet PIU Representative Намоян Walls (m³) Деворхо (м
Affected Miscellaneous Items (Number) / Дигар иншоотхои зарардида (Шумора)
Spare parts trade Магозаи кисмхои эхтиёти 92
APPENDIX 2 GRIEVANCE REGISTRATION FORM
НАКШАИ ЧУДО НАМУДАНИ КИТЪАИ ЗАМИН ВА КУЧОНИДАНИ АХОЛИ
Механизми дида баромадани аризахои шикояти
Аризахои шикоятии хочагихои таъсирдида, дар се зинаи асоси дида баромада мешаванд:
1. Ариза ба идораи намояндагии Вазорати Наклиёт дар сатхи нохия ворид гардида тахти омузиши Кумитаи аз назаргузаронии аризахои шикояти, ки дар сатхи нохия таъсис шудаанд, бо иштироки намояндагони Хукуматхои махали ва чамоатхо, карор мегиранд. Барои халли масъали пешгузошта 30 руз мухлат дода мешавад.
2. Мавриди дар мухлати 30 руз хал нагардидани аризаи шикояти, ариза ба комитети гурухи кории Маркази Тадбики Лоихахо тахти Вазорати Наклиёт, пешниход карда мешавад. Намояндагони аз нав интихобгаштаи хочагихои таъсирдида метавонанд комёб шаванд.
3. Дар сурати тадбик нагардидани хеч гунна карор оиди ариза дар давоми 14 руз шахсони таъсирдида метавонанд ба идорахои суди мурочиат намоянд.
Land Acquisition and Resettlement Plan
Grievance Redress Mechanism A grievance redress mechanism will be established. Complaints & Grievances will be addressed through the following steps and actions: i. First, complaints should be lodged at the Grievance Review Committee (GRC) at the district Offices where resolution will be attempted with the involvement of Hukumat and Jamoat officers as the elected representatives of the AF. ii. If still unsettled after 30 days, a grievance should be lodged to MOT at central level. Again the elected representatives of the AF will have the opportunity to mediate. iii. If no solution is reached within 14 days the APs can further submit their case to the appropriate court of law.
APPENDIX 3 INFORMATION PAMPHLET
Dushanbe-Uzbekistan Border Road Project (Funded by the Asian Development Bank)
Executing Agency: Ministry of Transport Expected start of Implementation Spring 2012
(i) Project Description 1. The Dushanbe-Tursunzade-Uzbekistan border road traverses the districts, or Rayons of Rudaki, Gissar, Shakhrinav, and Tursunzade in this order as the road moves west from Dushanbe down the Gissar valley. The total length of the road is 61.5 kilometers (km). The road heads west, south-west from Dushanbe to the Uzbekistan border in eastern Uzbekistan. It is the main route for road traffic and transported goods to Uzbekistan and Turkmenistan from Dushanbe and the southern regions of Tajikistan including agricultural produce from the Gissar valley. It is the route for most Tajik imports and exports to and from the port of Bandar Abas in Iran. Consideration of the mid-point traffic volumes, levels of service and the environment through which the road passes lends to dividing the road into five sections/packages for design and implementation purposes. These road sections are (1) Avicenna Monument to West Gate, (2) West Gate to Gissar Junction, (3) Gissar Junction to Shakhrinav roundabout, (4) Shakhrinav roundabout to Tursunzade Junction and (5) Tursunzade Junction to the Uzbekistan Border. The summary details of various road sections are described in table A1.1.
Table-A1.1: Summary Details of Various Sections Particulars Section-1 Section-2 Section-3 Section-4 Section-5 Section Avicenna monument West Gate to Gissar Junction to Shakhrinav to Tursunzade to to West Gate - Gissar Junction Shakhrinav Tursunzade Uzbekistan border Length 4.56 km 13.9 km 20.7 km 10.6 km 11.7 km Construction type (rehabilitation) (four-lane) (four-lane) (four-lane) (two-lane - reconstruction) Rayon name 1.Dushanbe 1. Rudaki 1. Gissar 1.Tursunzade 1.Tursunzade 2.Rudak 2.Gissar 2.Shakhrinav Jamoats name 1.Choryakkoron 1. Choryakkoron 1.Navobod 1.Qaratogh 1. Gharav 2.Khonaqo 2.MirzoRizo 2.Seshanbe 2. Navobod 3.Dehqonobod 3. 1st May 4.Chuzi 5.Sabo 6.Selbur 7.Shakhrinav
2. Section 1 (Avicenna-West Gate) involves the rehabilitation of the existing road and structures. This stretch does not require any widening or additional Right of Way (RoW) hence will not entail any land acquisition and resettlement. Widening will take place for Section 2 (West Gate-Gissar Junction), Section 3 (Gissar Junction-Shakhrinav) and Section 4 (Shakhrinav- Tursunzade), this will require additional land acquisition and resettlement. Section 5 (Tursunzade-Uzbekistan border) will comprise rehabilitation and improvement of the existing two lane road, and requires land acquisition and resettlement at certain points.
3. To compensate and/or rehabilitate these losses the provisions of relevant Tajikistan laws and of the Asian Development Bank (ADB) Policy on Involuntary Resettlement is being adopted. This has included the preparation of a Land Acquisition and Resettlement Plan (LARP) providing data on impacts and affected families and indicating in detail how the impacts will be
94 compensated or rehabilitated. The LARP in Russian will be available for perusal to anyone interested both at the local and at Dushanbe offices of BT.
4. This Leaflet summarizes the LARP provisions and is provided to all the families whose land, houses, trees, crops or other assets and incomes are affected by this Project. The objective is to inform them of the compensation and rehabilitation policy included in the LARP and of a few basic modalities of implementation of the Compensation and Rehabilitation
(ii) Principles for Compensation of the Affected Families
Principles for the compensation/rehabilitation of families affected by this Project are: • Involuntary resettlement is to be avoided, if unavoidable, minimized with all viable options. • The AF should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the Project. • The AF should be fully informed/consulted in resettlement and compensation options. • Local socio/cultural institutions should be supported / used to the greater extent possible. • Lack of formal legal land title should not be a bar to compensation or rehabilitation. • Compensation will be provided to the AF at full replacement cost of the affected assets free of deductions for salvaged materials, depreciation or fees/taxes. • Particular attention should be paid to AF headed by women and other vulnerable groups, and appropriate assistance provided to help them improve their status. • Land/other compensation/rehabilitation provisions will equally apply to women and men. • Land acquisition and resettlement will be conceived and executed as an integral part of the Project and related budgets will be included in Project costs. • Compensation will be fully provided prior to ground leveling and demolition.
2. Compensation Policy
All families residing in affected areas, holding affected assets or incomes before the eligibility cut-off date, to be the final day of the impacts survey will be entitled to compensation for their losses, as per Table A1-3 below.
Table A1-2 Compensation Entitlements Matrix AFFECTED ASSETS PROPOSED ENTITLEMENTS PERSONS
Agricultural Land: Individual land-use An allowance for loss of land use rights in cash equal to 5 years All losses rights holder of the gross income of the affected annual crops land at market irrespective of rate or to 1 year of gross income of affected fruit trees land at impact severity market rates. Cooperative land An allowance for loss of land use rights in cash equal to 5 years holder of the gross income of the affected land at market rate
Residential/ Residential rights Provision of alternative land or provision of cash allowance for Commercial Land holder loss of land use rights equivalent to land lease rates multiplied by 25 years. Houses and All relevant APs. Cash compensation at replacement rate for affected Structures structure/other fixed assets free of salvageable materials and transaction costs. All buildings will be compensated in their entirety House/building rent Renter/leaseholder Rental allowance in the form of 1 to 3 months rent in cash
Income from Crops All APs Crop compensation in cash equal to 1 year of the gross income of affected land at market rate. This shall apply whether the land is fallow, or under cultivation.
Income from trees All APs Cash compensation for wood trees based on volume of wood
Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production Business or All APs (including Business owner: Cash compensation for lost income up to 1 Employment loss; informal settlers) year’ (if income is permanent) or cash compensation for the temporary or period of business interruption (if the loss is temporary). The permanent compensation is assessed at actual income as per tax declaration or if taxes have not been paid at the maximum non- taxable income. Permanent : Indemnity for lost wages for business stoppage of up to 1 year worker/employers
Allowance for severe All severely APs One severe impact allowance equal to the net market value of impacts (More that the harvest from the affected land for 1 year (inclusive of winter 10% of income loss or and summer crop) and in addition to the standard crop affected by relocation) compensation or one cash contribution equal to 6 month’s official minimum salary Relocation All relocated APs Provision of sufficient allowance to cover transport expenses allowance and basic livelihood expenses for the transitional period Communal/ Public Rehabilitation/substitution in kind or cash at replacement cost of assets affected items and rehabilitation of their functions
Vulnerable APs APs below poverty line Employment priority in Project-related jobs and households Cash contribution equal to 2 months’ official minimum salary. headed by single woman.
3. Compensation rates for loss of land use rights, crops and trees and buildings
Table A1-3: Basis of Compensation Rate Determination
96
Type of Loss Basis of Rate Determination
Loss of agricultural land The rate is determined for each individual property, based on the productivity of the affected land. The following formula is applied: Yield per m2 x Area affected x Gross market value of the crop x 5 years Loss of Residential or To be based on current land lease rate multiplied by 25 years. Commercial Land Structures All affected structures, including houses, outbuildings, sheds, barns, driveways, pumps, ovens and fountains are individually assessed by engineers and assessors from the District Administrations. Businesses All impacts on businesses are permanent. Compensation will equal the annual income for each business is determined from tax records, or in the absence of tax records, by applying a maximum non taxable salary set at TJS 288 / month Allowance for Severely Affected 1. An additional sum equivalent to the value of crop production Households for one year for the affected land, or a rehabilitation allowance of TJS 1,386 (equal to six months’ minimum salary)
Allowance for households to be 1. A transportation allowance of TJS 500, and relocated 2. An assistance allowance of TJS 693 (equal to three months’ minimum salary) Allowance for vulnerable An allowance of TJS 462 (equal to two months’ minimum households salary)
6. Grievance Mechanism - Resettlement Period
The Affected persons have the right to file complaints and/or queries on any aspect of land acquisition compensation and resettlement. To ensure that grievances are properly addressed, a grievance redress mechanism has been established:
Step 1: Complaints can be lodged at the MOT district offices/field level where resolution will be attempted with the involvement of Hukumat and Jamoat officers as the representatives of the affected households. A standard grievance registration form was prepared and given for comments and perusal to Hukumats and Jamoats officials. Each complaint must be registered, signed by the affected person and the Grievance Redress Committee representative, and the receipt of received complaint given to the affected person. The set period for complaint resolution is 30 calendar days.
Step 2: If during the 30 days period the grievance was not resolved, the affected person (or her/his representative if chosen) should lodge the complaint to the Resettlement Working Group Committee at the Project Implementation Unit. The Resettlement Working group Committee has 14 calendar days to try to resolve the issue.
Step 3: If no solution is reached within 14 days, the affected person can submit her/his case to the appropriate court of law.
Contact Details for Inquiry
M. Negmatov G.Boronov Project Executive Director, Deputy Executive Director, Project Implementation Unit Project Implementation Unit Telephone No: +992 37 2215673 Telephone No: +992 918 985610 E-mail: [email protected] E-mail: [email protected] Address: 14 Ayni Street, Dushanbe, Republic of Address: 14 Ayni Street, Dushanbe, Republic of Tajikistan Tajikistan
Prepared: May 2011
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APPENDIX 4 CUT- OFF DATE NOTICE
Place of issue: Rudaki district
English Translation of Text:
According to the instruction of the Prime-Minister of the Republic of Tajikistan of 20 June 2009, under #52 425 (15-2), to remove the constructed buildings and houses in near by road of Dushanbe -Tursunzoda and necessity of moving the household buildings to other places while reconstruction starts in this road. For solving these problems, the working group was organized by the chairman of the district under order # 117, dated 28 October 2009. Mr. S. Boboazimov is appointed as the Head of the working group. The working group for removing the buildings and constructed houses in the road of Dushanbe-Tursunzoda is giving assignments to the government structures. According to the Project the width of the road comes to 23 meters and it will be 4 lane roads.
General Advertisement Issued by PIU: For the attention of the inhabitants of Rudaki, Gissar, Shahrinaw Districts and Tursunzade town, which are located in the roadside of Dushanbe-Tursunzade-border Uzbekistan, this is to inform you that in connection with the rehabilitation of this road, the special committee has identified the damage for household during the realization of Project up to November 28, 2009. Therefore, after November 28, 2009, the construction of all type of structures, tree planting and other is prohibited in the roadside and in case of unauthorized actions, the damage will not be charged by road construction.
Ministry of Transport Project Implementation Unit
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APPENDIX 5 SUMMARY OF CONSULTATIONS
Various methods used for public consultation and consultations with concerned stakeholders during the preparation of Draft LARP and LARP I are described in the following table:
Table A-2
Methods Employed for Consultations
Stakeholders Purpose Method
City Traffic Police To collect relevant government Frequent individual meetings Department policy, guidelines, priorities on with the officials of Traffic the Project, and to seek Police Department assistance during the Origin and Destination (O&D) survey.
Local Community in To assess overall social Consultation and discussion the different locations perception about the with local people at different of the Sub-Project importance of Project road and Project locations during area (Rudaki, Gissar, local people’s perceived need reconnaissance walk over Shakhrinav, for improvement survey, cadastral survey, Tursunzade) social survey and census survey.
District level line To assess the existing Individual meetings with the agencies (Divisional operational status of road, to officials of respective offices. Roads Office, Land verify the land likely to be Committee, District acquired based on preliminary Architect, District design drawings, to carry out Committee on cadastral survey, to collection Women and Family of data on land, and to collect Affairs) information on alternative livelihood programs and scope.
Project affected To prepare inventory of the Individual interview of the people based on the affected assets and get affected households by means preliminary design measurement and conduct of a structured questionnaire drawing interview with the affected families about the affected assets and on the household matters
NGOs and other Assess the level of social Representatives of local stakeholders at the willingness to be involved in the NGOs and other stakeholders local level Project activities including community members were consulted at different sections of the road during field visits by the domestic and international team members in order to assess the overall social perception about the road Project and also to assess the level of their willingness to cooperate with the study team
Affected people from To inform community about Wide community consultations all Rayons, local Project and LARP phases Hukumats representatives, The To discuss proposed loss of State Committee for land use right price Investment To inform community about representatives and methods of building other stakeholders assessment
To get affected persons agreement on assessed assets
To inform affected persons about grievance redress procedure during the resettlement and the construction period.
Numerous formal and informal consultations with stakeholders and local population have been conducted during the preparation of the Draft LARP and during the finalization of the LARP I. The major consultations have been summarized below.
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DRAFT LARP COMMUNITY CONSULTATIONS
Village: Morteppa Jamoat: Khonaqoh District/Rayon: Gissar Participants:23 Date: 28 March 2009
Sl. Name of the Male /Female Occupation No Participant
1 Hakimova Female Chairperson of Munis NGO 2 Hafizov Male 1st Deputy District chairman 3 Qurbonova Robiya Female Head of Khonaqo Jamoat 4 Sharipov Sodiq Male Head of District Capital construction Department 5 Imomov Bakhtiyor Male farmer 6 Ramazonov Male Farmer 7 Avrodov Tughon Male Farmer 8 Ziyoev Davlat Male Farmer 9 Mirzoeva Sofiya Female Housewife 10 Abdulloev Male Farmer 11 Melikov Male Farmer 12 Azizov Dilshod Male Farmer 13 Salimov Rustam Male Farmer 14 Nurov Rahmatullo Male Farmer 15 Kabirova Female Farmer 16 Hafizova Female Farmer 17 Sadieva Female Farmer 18 Abdiev Male Farmer 19 Samuddinov Male Farmer 20 Yunusov Sharof Male Driver 21 Ghulomov Salom Male Farmer 22 Qanoatov Shafoat Male Farmer 23 Qurbonov Male Farmer 24 Mahmadov Male Farmer 25 Yusupov Bahrullo Male Farmer 26 Akramov Sodiq Male Farmer 27 Ibronov Hokim Male Farmer
Village: Shakhrinav
Jamoat: Shahraki Shakhrinav
District/Rayon: Shakhrinav
Participants: 27
Male: 17 Female: 10
Date: 5 March 2009
Sl. Name of the Male /Female Occupation No Participant
1 Ghairatova Female Head of District Land Committee Mahbuba
2 Ahmadov Komil Male Land Management Specialist
3 Qaraev Tohir Male Head of dairy farm
4 Salimov Male Head of DF Shahobiddin
5 Melikova Female Housewife Rukhsatoy
6 Ashurova Tojinisso Female Housewife
7 Ikromova Female Farmer Muharram
8 Ustoeva Shahlo Female Housewife
9 Kholova Melikoy Female Farmer
10 Salimova Tojinisso Female Farmer
11 Huseynova Female Farmer Muharram
12 Naftulloeva Habiba Female Entrepreneur
13 Nurova Tojinisso Female Farmer
104
Sl. Name of the Male /Female Occupation No Participant
14 Barotov Qosim Male Farmer
15 Safarov Salom Male Farmer
16 Jalilov Tura Male Entrepreneur
17 Aliev Murodali Male Farmer
18 Qosimov Mannon Male Farmer
19 Odinaev Tojiddin Male Farmer
20 Davlatov Said Male Farmer
21 Kholov Azim Male Farmer
22 Roziev Maruf Male Farmer
23 Ochildiev Hakim Male Farmer
24 Khojamov Male Farmer Muhammadi
25 Karomatov Male Farmer Fazliddin
26 Juraev Zikrullo Male Farmer
27 Abdurashidov Male Farmer Abdujalil
Village: Choryakkoron
Jamoat: Choryakkoron
District/Rayon: Rudaki
Participants:33
Date: 6 April 2009
Sl. Name of the Male /Female Occupation No Participant
1 Yusupov Male Deputy District Chairman Mahmadrahim
2 Qaraboev Male Head of Choryakkoron Jamoat Bahriddin
3 Sharipov Male Land Planning Specialist Kholmahmad
4 Norov Azam Male Deputy Head of Jamoat
5 Sheraliev Male Farmer Sadriddin
6 Sulaymonov Olim Male Jamoat Chief Accountant
7 Alieva Sanoat Female Deputy Head of Jamoat
8 Aralova Abrinisso Female Jamoat HR Specialist
9 Barotova Jamila Female Jamoat Secretary
10 Raupova Rano Female Director of Secondary Schooll
11 Mirali Male Zafar village/mahalla leader Mahmadaliev
12 Saidahmadov Male Uchqul village leader Siyarsho
13 Roibov Yoqub Male Teacher
14 Nazarov Faizali Male Head of DF
15 Safaraliev Sherali Male Deputy Mahalla ARmughon
16 Majidov Muzaffar Male Raisi Armughon
17 Nurov Safarali Male Chavliboi Leader
18 Saidov Salim Male Gizhdalobod Leader
19 Qadamova Oliha Female Farmer
20 Soibnazarova Female Deputat from mahalla
106
Sl. Name of the Male /Female Occupation No Participant
Sojida
21 Ismoilov Sh Male DF Head
22 Umarov Sattor Male farmer
23 Melikov Male DF Dustmurod
24 Boboev Male Zafar Mahalla leader Khudoydod
25 Niyozov Ibod Male Deputy Zafar leader
26 Khiusaev Rustam Male Ispechak
27 Shukurov Rustam Male Director of secondary school67
28 Shukurov Abdullo Male statistics
29 Siddiqov Hamroh Male Choryakkoron dara leader
30 Naimov Male farmer Samariddin
31 Ruzieva Khadicha Female farmer
32 Rajabova Idimoh Female farmer
33 Najmiddinov Male farmer Foteh
Village: Kommuna
District/Rayon: Tursunzade
Participants: 14
Date: 5 March 2009
Sl. Name of the Male /Female Occupation No Participant
1 Nurmatov Male First Deputy District Chairman Urunboy
2 Alieva Tursunoy Female Farmer
3 Homidova Nazarvi Female Farmer
4 Saidov Abduvohid Male Farmer
5 Zaidulloeva Female Farmer Lutfiya
6 Karimov Halim Male Farmer
7 Azizbekov Male Farmer Khudoydod
8 Karimova Female Specialist Sarvarkhon
9 Hikmatova Shoira Female Specialist
10 Bahrullo Male Land Management Specialist
11 Ashurov Safarali Male Farmer
12 Kholov Isroil Male Farmer
13 Shukurov Male Farmer Shukrullo
14 Rajabov Male Farmer Qurbonali
District/Rayon: Shahrinav
Participants: 30
Date: 14 March 2010
Number Name Position
108
Number Name Position
1 Kurbonov I.I. First Deputy Chairman of the Shahrinav
2 Gayratova M. Chairman of the district land committee
3 Nozimov H. Main architector of the district
4 Qudratov M. Director of the Construction committee
5 Mamataliev R Director Company “Main Construction”
6 Z. Fazliddin Head of the Investment Committee of the district
7 Aminov Abdunosir District resident
8 Bobonazarova District resident Gulbahor
9 Sultonova Melikoy District resident
10 Sobirova Zinnatoy District resident
11 Tosheva Ubayda District resident
12 Jalilon Abdugani District resident
13 Rahimova Tuybibi District resident
14 Rahimov Bahodur District resident
15 Zoirov Ahliddin District resident
16 Mukhtorov Abduali District resident
17 Zubaydulloev District resident Ubaydullo
18 Sa’dulloev Chupon District resident
19 Huseynov Saidali District resident
20 Ashuron Rajab District resident
21 Sattorov Ayubjon District resident
22 Barotov Qosim District resident
Number Name Position
23 Qurbonov Ikrom District resident
24 Sanginov M. District resident
25 Usmonov A/ District resident
26 Muminov Fattoh District resident
27 Rahimova Mastura District resident
28 Obidova Umirhol District resident
29 Kholikov Hasanjon District resident
30 Davlatov District resident Abdujabbor
District/Rayon: Gissar
Participants: 30
Date: 15 March 2010
Number Name Position
1 Zinatov Amin District resident
2 Jonmahmadov Ubayd District resident
3 Sherov Sherali District resident
4 Sherov Umedjon District resident
5 Latipov Rahmatullo District resident
6 Ibronov Halim District resident
7 Mansurov Khursand District resident
8 Olimov Rasul District resident
9 Kholov Shamsullo District resident
10 Kholova Kholbibi District resident
110
Number Name Position
11 Zinnatov Muboraksho District resident
12 Olimov Mirali District resident
13 Kobilov Abdusamad District resident
14 Kobilov Malik District resident
15 Zayniddinov Hasan District resident
16 Rahimov Tesha District resident
17 Naimov Said District resident
18 Rahimov Haidullo District resident
19 Jonmahmadov Udayd District resident
20 Ismoilov Ne’mat District resident
21 Nazarov Tojiddin District resident
22 Azizov Umarali District resident
23 Kodirov Razok District resident
24 Kodirov Abdusattor District resident
25 Zinatov Amirshoh District resident
26 Mahmadov Yokub District resident
27 Mirzoeva Saybibi District resident
28 Raupov Abdurahmon District resident
29 Kanoatov Shafoat District resident
30 Ibodov Ne’matullo District resident
District/Rayon: Rudaki
Participants: 38
Date: 17 March 2010
Number Name Position
Number Name Position
1 Odinaev Rahmatullo District resident
2 Barotov Davlatmurod District resident
3 Barotov Suhrob District resident
4 Mahmadov Hasan District resident
5 Hamdamov Aslan District resident
6 Komilov Egam District resident
7 Kenjaev Tavarali District resident
8 Mavlonova Safargul District resident
9 Mavlonov Abdurahmon District resident
10 Abdulloev Sulaymon District resident
11 Kenjaev Sherali District resident
12 Kenjaeva Nazokat District resident
13 Karomatov Manuchehr District resident
14 Karomatov Hikmatullo District resident
15 Ashurov Izatullo District resident
16 Subhonov Ne’matullo District resident
17 Sharipov Toshmurod District resident
18 Sharipov Normurod District resident
19 Miraliev Homid District resident
20 Khudoyberdiev Sayfullo District resident
21 Usmonov Bobokalon District resident
22 Khudoyberdiev District resident Khayrullo
23 Khudoyberdiev District resident
112
Number Name Position
Abdurahmon
24 Egamov Ismoil District resident
25 Bobonazarov District resident Olohnazar
26 Buzbalaev Fayzullo District resident
27 Abrorov Saykhuja District resident
28 Yorov Sultonmurod District resident
29 Boev Gulmurod District resident
30 Madumarov Solehjon District resident
31 Davlatov Abdusalom District resident
32 Naimov Habibullo District resident
33 Amirshoeva Rukiyamoh District resident
34 Naimov Habibullo District resident
35 Amirshoeva Rukiyamoh District resident
36 Odinaeva Gulchehra District resident
37 Azizova Kurbongul District resident
38 Davlatov Murod District resident
Summary of discussions
Meetings with all APs were held with the participation of Rayon representatives in each districts. There were four meetings and the minutes were recorded. Additionally, meetings with each Jamoat and each kishlak were held in the field without minutes recorded: Rudaki – 5 times, Gissar – 7 times, in Shakhrinav – 5 times, in Tursunzade – 3 times.
Stakeholders Purpose Method
Representatives of Evaluate general level of social Representatives of local Rudaki, Gissar, understanding about highway Hukumats were advised Shahrinav, Tursunzade importance under the Project as about the Road well as to improve Rehabilitation Project understanding of local people.
Representatives from Evaluate general level of social Representatives of Jamoats Jamoat of Gissar district understanding about highway of Gissar district importance under the Project as well as to improve understanding of local people.
Representatives of Evaluate general level of social Representatives of Jamoats Jamoat of Rudaki district understanding about highway of Rudaki district importance under the Project as well as to improve understanding of local people
Representatives of Evaluate general level of social Representatives of Jamoats Jamoat of Shahrinav understanding about highway of Shahrinav district district importance under the Project as well as to improve understanding of local people
Representatives of Evaluate general level of social Representatives of Jamoats Jamoat of Tursunzade understanding about highway of Tursunzade district district importance under the Project as well as to improve understanding of local people
Population (members of List of affected property Personal interview with Affected Households) affected households along the Road Issues about the price of Dushanbe-Tursunzade- affected objects Uzbekistan border from ADB Resettlement Policy (that Rudaki, Gissar, the main purpose is the Shahrinav districts and protection of population needs) Tursunzade city
MEETING WITH RESETTLEMENT WORKING GROUP
114
Date: 7 October 2009 Time: 9:35 -12:05 Place: MOT Conference Room No Organisation Name Position
1 PIU Mr Hakimov Executive Director
2 Mr Muzaffar Resettlement Specialist
3 Mr Shkrillov
4 Design Institute Mr. Kurod Nasruddin
5 ADB Lanfranco Blanchetti–Ravelli Resettlement Specialist
6 Gia HY Hong Project Team Leader
7 Fraser Thomas John Howse Consultant Team Leader
8 Stephen Eagle Consultant
9 Land Mapping / Mr Qubodov, Dushanbe Cadastrie, State Land Committee
10 Tursunzade Land Mr. Egan Berjiv, Main Engineer Tursunzade Committee
11 Mr Karimov, Engineer,
12 Gissar Ms Soliva, Chief Architect, Gissar
13 Rudaki Mr. Kubov, Architect (Not on Rudaki land committee)
14 Director, Land Committee Rudaki
MEETING WITH RESETTLEMENT WORKING GROUP
Date: 27 August 2010
Time: 9:00 -12:30
Place: TJRM Conference Room
Ref.# Name, Surname Position Location
1 F.Ismatov Deputy Chairman of Rudaki district Hukumat
2 S.Lolayerov Director of Technological Rudaki district Inventory Enterprise
3 H.Burkhonov Senior Architect Rudaki district
4 I.Akhtomov Chairman of Land Rudaki district Committee
5 I.Melikov Engineer of Technological Shahrinav district Inventory Enterprise
6 K.Akhmatov Senior Specialist Land Shakhrinav district Committee
7 Ms.M.Bairatova Chairman of Local Land Shahrinav district Committee
8 H.Nozimov Senior Architect Shahrinav district
9 I.Kurbonov First Deputy Chairman of Shahrinav district Hukumat
10 N.Safarov Deputy Chairman of Tursunzade city Hukumat
11 S.Abdusalami Chairman of Local Land Tursunzade city Committee
12 R.Kalonov Senior Architect Tursunzade city
13 I.Egamberdiev Senior Engineer Tursunzade city Technological Inventory Enterprise
14 D.Khamroev Engineer Technological Tursunzade city Inventory Enterprise
15 H.Boboev Director Technological Gissar district
116
Ref.# Name, Surname Position Location
Inventory Enterprise
16 I.Muhtoramov Chairman of Local Land Gissar district Committee
17 A.Hafizov First Deputy Chairman of Gisssar District Hukumat
18 Sh.Rustamov Acting Senior Architect Gissar district
ADB
1 Ms.HY Hong Team Leader
2 Mr. Jose Tiburcio Nicolas Resettlement Specialist
3 Ms M Yap Legal counsel
PIU MOT
1 M.Mirzoev Resettlement Specialist
2 Ms.D.Yakubova Translator
Summary of the Draft LARP consultations
1. The ADB mission (resettlement specialist) described a number of key points in ADB’s Safeguards Policy Statement (2009) focusing on compensation at replacement cost, compensation/assistance even to those without sufficient legal rights to land, and requirement to complete compensation and assistance to Affected persons prior to commencement of civil works.
2. The WG members confirmed their understanding of replacement cost and clarified that the valuation of structures have been revised to remove the depreciation adjustments previously made by the Rayon Commissions.
3. Representatives from the District Commissions clarified that there are only 36 affected businesses (not 43). The operations of the additional 7 businesses earlier mentioned will not be affected. Only auxiliary structures in their plots (i.e. fence, borders) will be affected. Business activities of these 7 shops are not expected to be disrupted by the civil works. Their compensation will be limited to impacts on structures. Hence, these 7 businesses will no longer be included in the discussion in the LARP section on business losses.
4. On allocation and transfer of land use rights, the WG clarified that the only way a household can have a replacement home plot is through the District Land Committee. Under the current policy and legal environment, cash compensation will not enable households to obtain alternative plot. Plot allocation by the District Land Committee is the only viable option to assist households and shops that need to relocate. However, this will require the issuance of a President decree.
5. PIU clarified that of the 20 households whose residential structures will be affected, 6 households (not 5) will require assistance in obtaining replacement land. These affected households will lose between 15-300 sqm of home plot. Replacement plot to be provided will have an average area of 600 sqm, (based on current practice) even for those losing less than 600 sqm.
6. PIU also explained that there are a number of affected households who have requested their respective hukumats (district governments) to allocate the vacant lot adjacent to their remaining plot as replacement for their affected land. This will be further assessed and reflected into the LARP. Moreover, some households with multiple families (with married children) request for an additional home plot as replacement so that some families can move out and establish their own house.
7. The President is currently considering to provide replacement home plots (with an average size of 600 sqm each) to all the 20 households whose houses will be affected. PIU has submitted the list of these 20 households to the Office of the President. A Presidential Decree is expected to be issued on 2 September 2010.
8. It was clarified that replacement land will have to be of equal value as the affected land. In the case of residential land, the plot should have comparable access to employment and production opportunities, civil infrastructure and community services. Related to this, a field visit will be conducted by the ADB Resettlement Specialist on 30 August 2010 to initially review the potential/proposed replacement plots to be provided to households requiring relocation. The PIU and the Working Group will prepare a location map of the replacement plots.
9. The ADB Project Team Leader shared the result of a recent meeting with staff from the Office of the President on compensation for minor land acquisition. In that meeting, it was recommended that instead of using the terminology "compensation of residential/commercial land", the term "allowance for the loss (termination) of land use right" will be used in order not to violate the principle of State ownership of land as provided in the Constitution. Since land use right is not the same as ownership, an appropriate valuation methodology needs to be made.
10. The ADB proposed methodology of using prices of privately-owned lands in neighboring countries is not acceptable. The government will not have solid ground for adopting the ‘$5.7 per sqm unit price derived from the rapid pricing methodology of privately-owned lands presented by ADB. The only available reference that can be used in the country at the moment is the existing land lease/rental rates in the Project area which is currently assessed at $1,000
118 per hectare annually. By applying a common amortization rate of 25 years, a unit rate of $2.5 per sqm was derived. Reaction/feedback was sought from the WG.
11. PIU responded that the interviews they made to a number of APs on the amount they would be willing to accept as compensation for their loss of residential/commercial land also came out with figures around $2.5.
12. Full fledged wider consultation on $2.5 per sqm will be held in September 2010. ADB staff (Farrukh Nuriddinov) will be present for each meeting for each district.
13. Copies of the revised draft LARP will be shared with the WG for comments and endorsement. Once the LARP is endorsed by the Government and approved by ADB, a summary of the LARP will need to be disseminated among the APs through the distribution of pamphlets.
LARP I COMMUNITY CONSULTATIONS
14. A number of formal and informal consultations with affected communities and other major stakeholders were conducted during the preparation of the LARP I. Local Hukumats and Jamoats, Land Committees representatives, MBTI and The State Committee on Investment and the State Property Management of the Republic of Tajikistan representatives, were working and consulting with the team on a daily basis from December 2010 to January 2011. A brief summary of the major consultations with affected people is given below.
Date: January 24, 2011
Location: Jamoat Karatog – TURSUNZADE
Participants: 42
15. Separate consultations, for each of three Jamoats in Tursunzade Hukumat, were planned. However, almost all of the affected persons came to the first consultations. In addition, a number of non-affected persons attended the consultations.
16. The following information was given to the affected persons: short information about the Project
LARP phases affected persons’ rights to compensation grievance redress mechanism
bases and process for determination of prices for buildings, fruit trees, agricultural, residential and commercial land
17. The majority of questions were related to prices of building material and basis for valuation of buildings and outbuildings. Affected persons were checking if prices of building material were the market prices. There were no questions on residential and commercial land compensation rate. Also, compensation for agricultural land was acceptable for affected persons as the price for agricultural products was based on the current market prices. A great majority of affected persons sell their products at farm-gate prices, which are much lower than the market prices. Consequently, people will receive more money in compensation than they would receive if they sell the crops from the affected part of their land.
18. Those who were satisfied with their compensation, signed the form. Two persons did not sign the form due to the following reason:
The first case was related to differences between assets registered during the measurement and the assets registered for compensation. The mistake was corrected.
The second case was related to the mill and oil making rooms. The owner claimed that he forgot to show the related part of the building which has access through some holes in the wall. In addition, one small wall between husbandries buildings was not registered. The team re-visited the household, measured the affected assets and gave the details to the State committee for Investment for valuation.
Number Name Position
1 Dragica Veselinovic Foreign Resettlement specialist
2 Muzafar Mirzoyev Local Resettlement specialist
3 Faizullo Kudratov Local Resettlement specialist
4 Zafar Local Engineer
The State Committee on Investment and State Property Management of the Republic of 5 Tajikistan
The State Committee on Investment and State Property Management of the Republic of 6 Jamshed Tajikistan
7 Dzumav Bahran Deputy Rais-Tursunzada
8 Sadikov Bahrulo Karatog Jamoat Land Committee
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Number Name Position
9 Dzalolov Shavkat Jamoat Administration
10 Tukhtaeva Yorqinoy Affected person
11 Anorov Saidjon Affected person
12 Khidirov Akbarali Affected person
13 Hafizov Abdulvohid Affected person
14 Saidjafarova Najafmoh Affected person
15 Boboev Safar Affected person
16 Huseinov Alisher Affected person
17 Sodiqov Qodir Affected person
18 Khalilov Dodarbek Affected person
19 Haidarov Najmiddin Affected person
20 Meliqoziev Ikhtiyor Affected person
21 Haitnazarov Azamat Affected person
22 Haitnazarova Bunafsha Affected person
23 Masjeed Affected person
24 Kholov Ravshan Affected person
25 Otaev Zafar Affected person
26 Karimova Abruniso Affected person
27 Mirsharipov Mullo Affected person
28 Bobosaidov Haitmurod Affected person
29 Muhibuloev Ahmad Affected person
30 Chaalilov Nematulo Affected person
31 Khanjarov Qurbonali Affected person
32 Kurbonova Mohpocho Affected person
Number Name Position
33 Ismatov husain Affected person
Boborachabova 34 Hoharhon Affected person
35 Mardonov Ibrohim Affected person
36 Odinaev Nasrullo Affected person
37 Rasulova Mehri Affected person
38 Nurov Muhitado Affected person
39 Chamaev Mavchud Affected person
40 Boboev Baborachab Affected person
Date: January 26, 2011
Location: Hukumat RUDAKI
Participants: 40
19. Forty persons attended consultations. A number of non-affected persons were present too.
The following Information was given to the affected persons: short information about the Project affected persons’ rights for compensation grievance redress mechanisms bases and process for determination of prices for buildings, fruit trees, agricultural, residential and commercial land
20. Affected people were interested mostly in prices for affected buildings. The representatives of the State Committee for Investment explained the basis for buildings valuation. They explained the market prices of various building materials and the method for calculating a price of 1 square and 1 cubic meter of walls including the labour. After discussion, it was concluded that prices given are real and in some cases, a few somoni higher than prices people stated. However, one of the affected persons was not satisfied with the evaluation of his clay-made home and the plot of land he currently posses. The team will re-visit his home and correct the amount for compensation if it was a mistake. The Hukumat Rais promised to give him more land and explained the necessary procedure.
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21. A few affected persons were concerned for their non-affected assets which may collapse during the construction period. The procedure for claims during the construction period was explained. There was a complaint that the road will come too close to the house and the owner does not like to live that close to the road. The local Hukumat representatives explained the procedure for claiming a new plot of land.
22. Couple of persons whose assets will not be affected, asked why their assets were not taken as they have old walls and old houses and they wish to build new structures. A lengthy explanation was given about the exact measurements and the Client’s intention to minimize resettlement and to acquire land only where necessary.
23. Affected persons were satisfied with compensation for agricultural land and fruit trees. They asked if after received compensation they could take their trees for wood. People were satisfied that they can keep the trees for wood. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures.
Number Name Position
1 Dragica Veselinovic Foreign Resettlement specialist 2 Muzafar Mirzoyev Local Resettlement specialist The State Committee on Investment and 3 Sharopov Pulod State Property Management of the Republic of Tajikistan The State Committee on Investment and 4 Jamshed Zoirov State Property Management of the Republic of Tajikistan 5 Safaraliev Sherali Rais-Rudaki 6 Sator Jamoat Administration 8 Hochiev Ravshan Affected person 9 Rahmatov Hairullo Affected person 10 Ganiev Ashobodin Affected person 12 Salimonov Imomali Affected person 13 Odinaeva Gulchehra Affected person 14 Amirshova Rukiamoh Affected person 15 Naimov Habibulo Affected person 16 Mirzoev Chanaidullo Affected person
Number Name Position
17 Rahimov Mahmadarchab Affected person 18 Boboev Gulmurod Affected person 19 Buriev Kurbon Affected person 20 Abrorov Saihucha Affected person 21 Hudoiberdiv Saifullo Affected person 22 Bobonazarov Alonzair Affected person 23 Davlatov Murodali Affected person 24 Usmonov Bobokalon Affected person 25 Sharipov Normurod Affected person 26 Sahripov Toshmurod Affected person 27 Suhbatov Nematullo Affected person 28 Ashurov Izatullo Affected person 29 Karomatov Hikmatullo Affected person 30 Mavlonova Safargul Affected person 31 Abduloev Suleiman Affected person 32 Barotov Suhrob Affected person 33 Kanchaev Tavarali Affected person 34 Komilov Igam Affected person 35 Hamdanov Mirali Affected person 36 Muhamadiev Hasan Affected person 37 Barotov Sangin Affected person 38 Odinaev Rahmatullo Affected person
Date: January 27, 2011
Location: Hukumat- GISOR
Participants: 37
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24. Thirty-seven persons attended consultations. A number of non-affected persons were present too. The standard information about Project, LARP phases, unit prices and people’s rights was given.
25. Affected people were interested in prices for affected buildings. Gisor is known by construction material businesses and present people were well informed about the construction material market prices. After explanation of the methodology for valuation of buildings and other structures, participants did not have any objections. Three of the affected persons had objections on the valuation of their assets as some basements parts and separation wall between rooms have not been included. The team re-visited each of the affected persons, measured the assets and gave information to the valuer to correct the amount for compensation.
26. Affected persons were satisfied with compensation for agricultural land and fruit trees. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures.
People who live with married children demanded land plots for them.
Number Name Position
1 Dragica Veselinovic Foreign Resettlement specialist 2 Muzafar Mirzoyev Local Resettlement specialist The State Committee on Investment and 3 Sharopov Pulod State Property Management of the Republic of Tajikistan The State Committee on Investment and 4 Jamshed Zoirov State Property Management of the Republic of Tajikistan 5 Rais-Gisor 6 Jamoat Administration 8 Iskandarov Sobir Affected person 9 Saduloev Mahmudullo Affected person 10 Mansurov Hursand Affected person 12 Rahimova Sayora Affected person 13 Aliev Sadullo Affected person 14 Rasulov Melikmurod Affected person 15 Huseinov Halim Affected person 16 Mazor care taker Affected person
Number Name Position
17 Sadridinov Ashobidin Affected person 18 Boboev Hairullo Affected person 19 Hafizov Mizorali Affected person 20 Boboev Lutfullo Affected person 21 Rahimov Hoshim Affected person 22 Hamidov Sirochidin Affected person 23 Miraliev Bozor Affected person 24 Olimov Hamid Affected person 25 Chaborov Ishandar Affected person 26 Chaborov Muhabatshto Affected person 27 Shodmonova Zainura Affected person 28 Kurbonov Begichon Affected person 29 Nosirov Rahmatullo Affected person 30 Rachabov Sadridin Affected person 31 Norova Kumri Affected person 32 Saimudinov Saidullo Affected person 33 Saifidinov Muminchon Affected person 34 Ibronov Halim Affected person 35 Donaeva Zebogul Affected person 36 Boboev Zafar Affected person 37 Rahimov Handullo Affected person 38 Kodirov Abdusator Affected person
Date: January 29, 2011
Location: Hukumat- SHAHRINAV
Participants: 55
27. Fifty-five persons attended consultations The standard Project, LARP and entitlements Information was given to the affected persons
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28. Affected people were interested in allowances such as allowance for vulnerable households, compensation for business and the time-frame for resettlement. In addition, there was a question about affected cemetery wall and compensation for that structure. People asked if they can start now with clearing of the affected land and if they will be paid if they clear the land now.
29. After explanation of the methodology for valuation of buildings and other structures, participants did not have any objections. Four of the affected persons had objections on the valuation of their assets. The team re-visited each of the affected persons, did additional measurements and gave information to the valuer to correct the amount for compensation.
30. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures.
Number Name Position
1 Dragica Veselinovic Foreign Resettlement specialist 2 Muzafar Mirzoyev Local Resettlement specialist The State Committee on Investment and 3 Sharopov Pulod State Property Management of the Republic of Tajikistan The State Committee on Investment and 4 Jamshed Zoirov State Property Management of the Republic of Tajikistan 5 Rais-Gisor 6 Jamoat Administration 8 Affected person 9 Ustoeva Shahlo Affected person 10 Odinaev Tojiddin Affected person 12 Odinaev Murodali Affected person 13 Yorova Shamigul Affected person 14 Yorov Said Affected person 15 Nematov Alijon Affected person 16 Muzafarov Umar Affected person 17 Rashidov Abdukhalel Affected person 18 Shohimardonov Olimjon Affected person 19 Rahimov Aminjon Affected person
Number Name Position
20 Davlatov Yunus Affected person 21 Kholova Melikoy Affected person 22 Ashurov Boboqul Affected person 23 Roziev Ahliddin Affected person 24 Aminov Ilhom Affected person 25 Salomova Tojiniso Affected person 26 Yorov Muhammadi Affected person 27 Donchik Aleksandr Affected person 28 Mirzoev Hasan Affected person 29 Zubaidulloev Tabibullo Affected person 30 Boboev Akmaljon Affected person 31 Ismoilov Isroil Affected person 32 Kenjaev Suhbatullo Affected person 33 Boboev Bahrullo Affected person 34 Qaramirzoeva Orzu Affected person 35 Abdulloeva Misqol Affected person 36 Nazarov Maruf Affected person 37 Rajabov Asadullo Affected person 38 Juraev Saidqul Affected person 39 Tojikmatlubot 1 Affected person 40 Rahimov Saiyod Affected person 41 Akramov Atokhon Affected person 42 Akramov Sodir Affected person 43 Davlatov Azizkhuja Affected person 44 Rahimov Mahmadullo Affected person 45 Alimov Nusratullo Affected person 46 Kholov Sangimurod Affected person Affected person
47 Juraev Zikrullo
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Number Name Position
48 Qodirov Habibullo Affected person 49 Vahobov Abdullo Affected person 50 Kholiqov Hamza Affected person 51 Shukurova Sarvar Affected person 52 Boboev Murodali Affected person 53 Boboev Nurmahmad Affected person 54 Mavlonov Doniyor Affected person 55 Mirzoev Rustam Affected person
Community consultation meetings matrix
Date and Place Participants Issues discussed and question and answers
Date: January 24, Foreign Resettlement The following information was given to the affected 2011 specialist persons:
Location: Jamoat Local Resettlement Karatog – specialist TURSUNZADE short information about the Project PIU Engineer LARP phases Representative of the State committee on affected persons’ rights to compensation Investment and State grievance redress mechanism Property Management of the Republic of bases and process for determination of prices for Tajikistan buildings, fruit trees, agricultural, residential and commercial land Deputy Chairman of Tursunzoda district
Land committee of The majority of questions were related to prices of Karatogh jamoat building material and basis for valuation of buildings and outbuildings. Affected persons were checking if prices of Jamoat Administration building material were the market prices. There were no 42 Affected People questions on residential and commercial land compensation rate. Also, compensation for agricultural land was acceptable for affected persons as the price for agricultural products was based on the current market prices. A great majority of affected persons sell their
Date and Place Participants Issues discussed and question and answers
products at farm-gate prices, which are much lower than the market prices. Consequently, people will receive more money in compensation than they would receive if they sell the crops from the affected part of their land.
Those who were satisfied with their compensation signed the form. Two persons did not sign the form due to the following reason:
The first case was related to differences between assets registered during the measurement and the assets registered for compensation. The mistake was corrected.
The second case was related to the mill and oil making rooms. The owner claimed that he forgot to show the related part of the building which has access through some holes in the wall. In addition, one small wall between husbandries buildings was not registered. The team re-visited the household, measured the affected assets and gave the details to the State committee for Investment for valuation.
Date: January 26, Foreign Resettlement The following Information was given to the affected 2011 specialist persons:
Local Resettlement short information about the Project specialist Location: Hukumat affected persons’ rights for compensation RUDAKI PIU Engineer grievance redress mechanisms Representative of the State committee on bases and process for determination of prices for Investment and State buildings, fruit trees, agricultural, residential and Property Management commercial land of the Republic of Affected people were interested mostly in prices for Tajikistan affected buildings. The representatives of the State Deputy Chairman of Committee for Investment explained the basis for Rudaki district buildings valuation. They explained the market prices of various building materials and the method for calculating Land committee of a price of 1 square and 1 cubic meter of walls including
130
Date and Place Participants Issues discussed and question and answers
Choryakkoron jamoat the labour. After discussion, it was concluded that prices given are real and in some cases, a few somoni higher Chairman of jamoat than prices people stated. However, one of the affected 30 Affected People persons was not satisfied with the evaluation of his clay- made home and the plot of land he currently posses. The team will re-visit his home and correct the amount for compensation if it was a mistake. The Hukumat Rais promised to give him more land and explained the necessary procedure.
A few affected persons were concerned for their non- affected assets which may collapse during the construction period. The procedure for claims during the construction period was explained. There was a complaint that the road will come too close to the house and the owner does not like to live that close to the road. The local Hukumat representatives explained the procedure for claiming a new plot of land.
Couple of persons whose assets will not be affected, asked why their assets were not taken as they have old walls and old houses and they wish to build new structures. A lengthy explanation was given about the exact measurements and the Client’s intention to minimize resettlement and to acquire land only where necessary.
Affected persons were satisfied with compensation for agricultural land and fruit trees. They asked if after received compensation they could take their trees for wood. People were satisfied that they can keep the trees for wood. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures.
Date: January 27, Foreign Resettlement Affected people were interested in prices for affected 2011 specialist buildings. Gisor is known by construction material
Date and Place Participants Issues discussed and question and answers
Location: PIU Engineer businesses and present people were well informed about Hukumat- GISOR the construction material market prices. After explanation Representative of the of the methodology for valuation of buildings and other State committee on structures, participants did not have any objections. Investment and State Three of the affected persons had objections on the Property Management valuation of their assets as some basements parts and of the Republic of separation wall between rooms have not been included. Tajikistan The team re-visited each of the affected persons, Chairman of Hisor measured the assets and gave information to the valuer district to correct the amount for compensation.
Land committee of Hisor district Affected persons were satisfied with compensation for Administration of agricultural land and fruit trees. There were no questions jamoat about commercial and residential land prices. All affected persons signed the form with compensation amount for 37 Affected People buildings and structures.
People who live with married children demanded land plots for them.
Date: January 29, Foreign Resettlement Affected people were interested in allowances such as 2011 specialist allowance for vulnerable households, compensation for business and the time-frame for resettlement. In addition, Location: PIU Engineer there was a question about affected cemetery wall and Hukumat- compensation for that structure. People asked if they can SHAHRINAV Representative of the State committee on start now with clearing of the affected land and if they will Investment and State be paid if they clear the land now. Property Management of the Republic of Tajikistan After explanation of the methodology for valuation of buildings and other structures, participants did not have Chairman of Shahrinaw any objections. Four of the affected persons had district objections on the valuation of their assets. The team re- Land committee of visited each of the affected persons, did additional Shahrinaw district measurements and gave information to the valuer to correct the amount for compensation. Administration of
132
Date and Place Participants Issues discussed and question and answers
jamoats
55 Affected People There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures.
APPENDIX 6 REPLACEMENT PLOTS LARP I
Affected people - Replacement of the residential/business plots LARP I
Road Affected Allowance for loss of № District Road Km Affected person Type of land segment land (m2) land use rights (TJS)
Residential 1 Hisor 2 17.95 Ibronov Halim 40 Replacement land plot Residential 2 Hisor 3 26.75 Mansurov Khursand 600 Replacement land plot
Replacement food 3 Hisor 1 14.12 Qodirov Abdusattor 173 Business plot shop and canteen plot
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APPENDIX 7 LIST OF AFFECTED HOUSEHOLDS
LAND ACQUISITION AND RESETTLEMENT PLAN - INDIVIDUAL CASES - LARP I Households loosing residential / commercial land, fruit trees, structures and buildings
Affected fruit Affected residential and Affected buildings, Affected walls, Allowance trees commercial land shops, sheds and fences and for Total Project compensation TJS outbuilding miscellaneous items № Affected person District vulnerable compensati section households on TJS Area m2 Volume TJS Compensatio Масохат Хачм Total cost Volume Total n rate TJS TJS 11.0 m2 м3 TJS m3 cost TJS 1 5 Tukhtaeva Yorqinoy Tursunzoda 462 151.3 13.75 27.5 5,060 5,673.25
2 4 Karomat Tursunzoda 396.0 36 36 1752 2,148.00 3 4 Anorov Saidjon Tursunzoda 940.5 85.5 45.6 1,298 3.276 1619 11,965.50 28 3,094 83.98 5,014 4 4 Jalolov Umar Tursunzoda 176.0 16 192 10,642 3.24 924 11,742.00 5 4 Khidirov Akbarali Tursunzoda 3,000 10 80 3,080.00 6 4 Hafizov Abdulvohid Tursunzoda 121.0 11 7.48 3970 4,091.00 7 4 Saidjafarova 2,733.00 Najafmoh Tursunzoda 462 2.94 1431 16.8 840 8 4 Boboev Safar Tursunzoda 462 32 6475 6,937.00 9 4 Huseinov Alisher Tursunzoda 990.0 90 990.00 10 4 Sodiqov Qodir Tursunzoda 462 900 1,650.0 150 3,012.00 11 4 Khalilov Dodarbek Tursunzoda 600 0.1 48.6 648.60 12 4 Haidarov Najmiddin Tursunzoda 665.5 60.5 35 3,409 8 3893 11,317.50 7 1712 15.6 1638 13 4 Meliqoziev Ikhtiyor Tursunzoda 250 93.5 8.5 6.8 3318 3,661.50 14 4 Haitnazarov Azamat Tursunzoda 1,200 38.5 3.5 1.75 852 2,882.50 2 792 15 4 Haitnazarova 600 17,698.90 Bunafsha Tursunzoda 462 328.9 29.9 120 7,321 10 4868 24 3,107 4.14 1012
Affected fruit Affected residential and Affected buildings, Affected walls, Allowance trees commercial land shops, sheds and fences and for Total Project compensation TJS outbuilding miscellaneous items № Affected person District vulnerable compensati section households on TJS Area m2 Volume TJS Compensatio Масохат Хачм Total cost Volume Total n rate TJS TJS 11.0 m2 м3 TJS m3 cost TJS
16 4 Masjeed Tursunzoda 65 13152 13,152.00 17 4 Kholov Ravshan Tursunzoda 462 248.6 22.6 8 2,338 1 487 7,812.60 20.34 4277 18 4 Otaev Zafar Tursunzoda 480 605.0 55 8 2,443 11 5353 13,396.00 43 4515 19 4 Qurbonova Mohpocho Tursunzoda 462 34.7 3.15 1.06 516 1,313.65 2.862 301 20 4 Jamolova Galimat Tursunzoda 462 480 277.2 25.2 19.6 7038 8,737.20 480 21 4 Boborajabova 480 5,181.90 Khoharkhon Tursunzoda 462 207.9 18.9 9.24 4032 22 4 Khanjarov Qurbonali Tursunzoda 287.1 26.1 11.34 5123 5,410.10 23 4 Rasulova Mehri Tursunzoda 158.4 14.4 4.56 3165 3,323.40 24 4 Odinaev Nasrullo Tursunzoda 379.5 34.5 9.9 680 5.52 2686 8,139.50 29.04 3,117 12.16 1277 25 4 Mardonov Ibrohim Tursunzoda 176.0 16 33 2,712 2.28 1086 3,974.00 From 43+800 to Segment 4 4,158 8,470 7,925.5 720.5 644.02 50,235 376.088 88232.6 159,021.10 61+550 26 3 Kholov Sangimurod Shahrinaw 462 800 1,012.0 92 6.9 3358 16,180.00 400 9.2 2249 900 2.4 2199 4,800 27 3 Qodirov Habibullo Shahrinaw 462 0 137.5 12.5 10 2,766 1.035 1506 5,233.50 0 3.45 362 28 3 Kholiqov Hamza Shahrinaw 2,400 891.0 81 17.28 9481 13,989.28 1,200 29 3 Shukurova Sarvar Shahrinaw 462 0 221.4 20.13 3.294 1606 3,245.43 0 3.904 956 135
136
Affected fruit Affected residential and Affected buildings, Affected walls, Allowance trees commercial land shops, sheds and fences and for Total Project compensation TJS outbuilding miscellaneous items № Affected person District vulnerable compensati section households on TJS Area m2 Volume TJS Compensatio Масохат Хачм Total cost Volume Total n rate TJS TJS 11.0 m2 м3 TJS m3 cost TJS
30 3 Boboev Nurmahmad Shahrinaw 462 480 3,311.0 301 50.4 403 5,856.00 1,200 31 3 Mavlonov Doniyor Shahrinaw 960 3,696.0 336 48 48 16,824.00 1,000 320 8,400 2,400 32 3 Mirzoev Rustam Shahrinaw 750 1,742.4 158.4 24 641 48 384 10,828.40 480 45 4,123 150 8 2,558 33 3 Juraev Zikrullo Shahrinaw 0 2,956.8 268.8 20 534 23.52 11202 14,902.80 0 2 210 34 3 Vahobov Abdullo Shahrinaw 160 173.3 15.75 3.78 1840 5,773.25 3,600 35 3 Boboev Murodali Shahrinaw 1,250 5,010.00 1,760 200 1,200 600 36 3 Iskandarov Sobir Hisor 320 1,474.0 134.0 10.05 4891 15,665.00 400 6,000 2,400 180 Sa'dulloev 39,036.75 37 3 Mahmadullo Hisor 7,548.8 686.3 32.375 5,274 3 1460 49.875 9,021 30.912 15733
Affected fruit Affected residential and Affected buildings, Affected walls, Allowance trees commercial land shops, sheds and fences and for Total Project compensation TJS outbuilding miscellaneous items № Affected person District vulnerable compensati section households on TJS Area m2 Volume TJS Compensatio Масохат Хачм Total cost Volume Total n rate TJS TJS 11.0 m2 м3 TJS m3 cost TJS 38 3 Mansurov Khursand Hisor 462 480 600 sq. 400 327.6 42,726 30 240 85,420.25 400 meter 10 2,876 1,800 replacem ent plot 147 14,522 2,400 in 84 12,661 720 Khirmanc hi 12 6,133 39 3 Rahimova Saiyora Hisor 462 300 1,753.0 159.36 9 1,752 4,266.96 40 3 Gaffurov Bekmurod Hisor 462 200 962.5 87.5 1,924.50 300 41 3 Aliev Sadullo Hisor 1,144.0 104 624 62,977 64,121.00
From 26+500 to Segment 3 3,234 51,310 33,708.8 3,064.44 1,402.85 168,564 297.125 58128 308,277.12 34+000 42 3 Boboev Lutfullo Hisor 200 3,300.0 300 80 6,145 9.12 11886 24,040.00 1,200 2 1309 43 3 Rahimov Hoshim Hisor 1,947.0 177 8.8 4302 15,710.00 11.8 6576 9.44 2885 44 3 Homidov Sirojiddin Hisor 6 2920 5,480.00 4.5 2560 45 3 Miraliev Bozor Hisor 280.5 25.5 60 4,688 6.12 13569 18,537.50 46 3 Olimov Hamid Hisor 2.4 2336 2,336.00 47 3 Jabborov Iskandar Hisor 220 20 50 4,876 10.44 3915 13,887.00 50 4,876 48 3 Jabborov Muhabatsho Hisor 264 24 60 7,488 7,752.00 49 3 Shodmonova Zainura Hisor 462 1,200 495.0 45 12 1,973 1.2 682 11,680.00 44 3,949 6.4 2919 24,186.00 50 3 Qurbonov Begijon Hisor 50 24,186 137
138
Affected fruit Affected residential and Affected buildings, Affected walls, Allowance trees commercial land shops, sheds and fences and for Total Project compensation TJS outbuilding miscellaneous items № Affected person District vulnerable compensati section households on TJS Area m2 Volume TJS Compensatio Масохат Хачм Total cost Volume Total n rate TJS TJS 11.0 m2 м3 TJS m3 cost TJS Masjid / Qurbonov 3,767.00 51 3 Begijon Hisor 5.76 3767 52 3 Nosirov Rahmatullo Hisor 314.6 28.6 451.44 43,249 43,563.60 53 3 Rajabov Sadriddin Hisor 275.0 25 4.25 4136 4,411.00 54 2 Norova Qumri Hisor 400 1,320.0 120 33 881 9,357.00 2,400 50 4,176 180 55 2 Khudoinazarov Yunus Hisor 462 960 1,650.0 150 3,072.00 56 2 Saimuddinov Saidullo Hisor 462 0 440.0 40 22.5 2,686 8.4 2244 5,832.00 57 2 Saifuddinov Muminjon Hisor 400 704.0 64 58.5 7,956 20,476.00 1,200 101.52 10,216 0 600 sq. 42,255.00 meter replacem ent plot in Khirmanc 58 2 Ibronov Halim Hisor 462 hi 40 105 39,000 6 2793 59 2 Donaeva Zebogul Hisor 462 4,320 133.92 26,684 33,026.00 1,200 360 60 2 Boboev Zafar Hisor 0 1,540.0 140 50 24,646 26,186.00 Segment 2 From 17+060 to 2,310 14,020 12,706.1 1224.6 1411.88 217,675 102.63 68799 315,554.10 21+500 61 2 Rahimov Handullo Hisor 462 960 1,045.0 95 12 320 4 3894 12,881.00 250 82.08 4,750 1,200 62 2 Tojikmatlubot Hisor Hisor 0 16 427 13.32 973 14,630.00 0 48 6,615 0 48 6,615
Affected fruit Affected residential and Affected buildings, Affected walls, Allowance trees commercial land shops, sheds and fences and for Total Project compensation TJS outbuilding miscellaneous items № Affected person District vulnerable compensati section households on TJS Area m2 Volume TJS Compensatio Масохат Хачм Total cost Volume Total n rate TJS TJS 11.0 m2 м3 TJS m3 cost TJS
63 2 Qodirov Abdusattor Hisor 750 8657 787 278.64 28,383 22.96 11174 91,329.00 Plus 320 173 20 534 49.2 12073 replacem 3,600 ent plot 100.425 19,556 12 5832 450 for shop against 173 sq. meter 64 2 Naimov Said Hisor 3,600 836.0 76 42 1,121 7.92 3854 10,419.00 9.6 1008 65 2 Rahimov Naim Hisor 462 160 550.0 50 121.5 11,443 15,015.00 2,400 66 2 Rahimov Tohir Hisor 462 150 550.0 50 121.5 7,111 18,000.00 3,600 56.94 4,927 1,200 67 2 Azizov Umarali Hisor 180 770.0 70 84.66 20,453 11.16 2654 24,057.00 68 2 Zainiddinov Gul Hisor 400 462.0 42 15 401 12 5840 16,387.00 2,550 40 3,664 36 1512 0 8 1,558 69 2 Qobilov Abdusamad Hisor 480 665.5 60.5 96 15,948 20.8 3405 26,454.50 0 20 534 0 48.125 2,893 0 18.4 2,529 70 2 Qobilov Malik Hisor 1,200 723.4 65.76 105.6 6,224 5 2433 11,998.36 13.5 1418 71 2 Olimov Mirali Hisor 50.625 24,191 31,747.00 13.5 860 50 6,696 72 2 Kholova Kholbibi Hisor 462 1,600 2,574.0 234 0 6.375 2803 7,439.00 139
140
Affected fruit Affected residential and Affected buildings, Affected walls, Allowance trees commercial land shops, sheds and fences and for Total Project compensation TJS outbuilding miscellaneous items № Affected person District vulnerable compensati section households on TJS Area m2 Volume TJS Compensatio Масохат Хачм Total cost Volume Total n rate TJS TJS 11.0 m2 м3 TJS m3 cost TJS
73 2 Hojiev Ravshan Rudaki 150.7 37,238 37,238.00 74 2 Rahmatov Khairullo Rudaki 500.5 45.5 28 2,468 7.2 5707 8,675.50 75 2 Azizova Qurbongul Rudaki 924.0 84 924.00 76 2 Ganiev Ashobiddin Rudaki 320 550.0 50 8 1,558 6.25 2501 4,929.00 77 2 Salmonov Imomali Rudaki 4,800 313.5 28.5 20 5,912 4.8 5270 22,006.50 8 3959 3.6 1752 78 2 Odinaeva Gulchehra Rudaki 200 687.5 62.5 198.24 36,752 49,756.50 2 Rudaki 2,400 187.2 9,357 360 Amirshoeva 0 20,129.50 79 2 Ruqiyamoh Rudaki 192.5 17.5 199.5 19,937 80 2 Naimov Habibullo Rudaki 2,400 18.75 3,426 7,564.00 180 8 1,558 81 2 Davlatov Abdusalom Rudaki 1,280 495.0 45 4,355.00 2,400 180 82 2 Mirzoev Junaidullo Rudaki 462 99.0 9 22.5 2,668 3,229.00 From 7+550 to Segment 1 2,310 39,570 20,594.9 2,045.26 2,337.89 298,627.0 253.685 78,062 439,163.86 14+120 83 Traffic police station 45,577.00 Rudaki 45,577.0 84 Traffic police station 75,164.40 Hisor 75164.4 1,342,757. 12,012 113,370 68,379.3 7,029.3 5,796.64 855,842.4 1,029.5 293,222 Total compensation for LARP I 58
Compensation for loss of land and crops - LARP I Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17.0
Hoji Davlat' Lucer 1 1 8,50/9,20 Individual 22 36 5,000 1.4% 10,000 5,000 0 1,500 7,500 9,000.0 Davlatov K. ne
Mahmadsh Lucer 2 1 8,00/8,85 arif' Asrorov Individual 2 2 600 3.0% 10,000 600 0 180 900 1,080.0 ne Sh.
Sharifa' Onion 1 9,10/9,15 Najmiddino Individual 3 500 1.7% 20,000 1,000 1 1,000 5,000 6,000.0 s 3 v J. 3 Lucer 1 1,000 10,000 1,000 0 300 1,500 1,800.0 ne LLC Barakat 9+450 Lucer 4 1 Quvatov M, Collective 400 11,725 0.3% 10,000 11,725 0 3,518 17,588 21,105.0 12+900 ne Rahmonalie v O. 12+900 Sharaf' Lucer 5 1 Collective 117 2,400 0.2% 10,000 2,400 0 720 3,600 4,320.0 13+300 Sharipov A ne
Total 5 27 558 21,225 21,725 7,218 36,088 0 0 43,305.0 segment 1
Vatan' 1 10,000 Wheat 4,000 4,000 1 4,000 20,000 14+275 Teshaev N. 6 Collective 520 0.2% 44,574.0 18+450 Lucer 1 11,430 10,000 11,430 0 3,429 17,145 ne 141
142
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
17+625 President Veget 2520 7 1 Melikov A 1 0.06 100 16.7% 16,000 160 1 112 560 462 17+660 ial ables ` 17+600 President Veget 2520 8 1 Sharipov S 1 0.06 100 16.7% 16,000 160 1 112 560 1,386 462 17+615 ial ables 17+650 President Veget 2520 9 1 Yahyoev K 1 0.06 100 16.7% 16,000 160 1 112 560 1,386 462 17+675 ial ables 17+660 President Veget 2520 10 1 Fozilov A. 1 0.06 100 16.7% 16,000 160 1 112 560 1,386 462 17+650 ial ables 17+675 President Veget 2520 11 1 Akobirov S. 1 0.06 100 16.7% 16,000 160 1 112 560 1,386 462 17+725 ial ables 17+090 President Veget 2394 12 1 Ikhronov Z. 1 0.06 150 25.0% 16,000 240 1 168 840 1,386 17+110 ial ables 17+110 President Veget 2394 13 1 Zabirov Z. 1 0.06 150 25.0% 16,000 240 1 168 840 1,386 17+120 ial ables 17+190 Ashurov President Veget 1789,2 14 1 1 0.03 60 20.0% 16,000 96 1 67 336 1,386 17+210 Sh. ial ables 17+080 President Veget 3402 15 1 Ibrohimov I 1 0.06 300 50.0% 16,000 480 1 336 1,680 1,386 17+090 ial ables 17+130 President Veget 1982,4 16 1 Ne'matov K 1 0.06 20 3.3% 16,000 32 1 22 112 1,386 462 17+140 ial ables 17+140 President Veget 2251,2 17 1 Ashurov Kh 1 0.06 60 10.0% 16,000 96 1 67 336 1,386 462 17+170 ial ables 17+210 Saidkholov President Veget 3805,2 18 1 1 0.06 360 60.0% 16,000 576 1 403 2,016 1,386 17+275 A ial ables 17+170 President Veget 2251,2 19 1 Ashurova S 1 0.06 60 10.0% 16,000 96 1 67 336 1,386 462 17+190 ial ables 17+400 Rahmonov President Veget 2595,6 20 1 1 0.06 180 30.0% 16,000 288 1 202 1,008 1,386 17+460 A ial ables
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
17+460 President Veget 2595,6 21 1 Solehov N 1 0.06 180 30.0% 16,000 288 1 202 1,008 1,386 17+520 ial ables 17+520 President Veget 2284,8 22 1 Emomova I 1 0.06 65 10.8% 16,000 104 1 73 364 1,386 462 17+565 ial ables 17+565 Kazakova President Veget 1982,4 23 1 1 0.06 20 3.3% 16,000 32 1 22 112 1,386 462 17+585 M ial ables 17+585 President Veget 2251,2 24 1 Imomov M 1 0.06 60 10.0% 16,000 96 1 67 336 1,386 462 17+600 ial ables 17+600 President Veget 2251,2 25 1 Giyosova A 1 0.06 60 10.0% 16,000 96 1 67 336 1,386 462 17+630 ial ables
Gulmahma 26 1 19+650 d' Sobirov Individual 6 3.06 300 1.0% Wheat 4,500 135 1 135 675 810.0 M
Vazir 2007' 27 1 19+625 Muhtojova Individual 4 2.03 200 1.0% Wheat 4,500 90 1 90 450 540.0 J.
Hukumat' 28 1 19+625 Azimova Individual 4 2.05 300 1.5% Wheat 4,500 135 1 135 675 810.0 Kh.
Shahboz Onion 29 1 19+725 2007' Individual 2 1 200 2.0% 20,000 400 1 400 2,000 2,400.0 s Sobirov Z.
Qurbonov 30 1 19+900 Individual 2 1.02 100 1.0% Wheat 4,500 45 1 70 350 420.0 D. 143
144
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
M Jamol' Onion 31 1 19+925 Khliqova Individual 3 1.54 180 1.2% 20,000 360 1 360 1,800 2,160.0 s Ch.
Nur 2008' 32 1 19+925 Qurbonov Individual 2 1.02 100 1.0% Wheat 4,500 45 1 70 350 420.0 T.
16 istiqlol' 33 1 19+850 Individual 4 2.02 200 1.0% Wheat 4,500 90 1 90 450 540.0 Mirov B
Davlatbibi 08' Potato 34 1 19+975 Individual 1 0.5 50 1.0% 20,000 100 2 200 1,000 1,200.0 Rahmatova es D.
Mukarram' 35 1 19+800 Muhiddinov Individual 10 5.12 300 0.6% Wheat 4,500 135 1 135 675 810.0 a M.
Hoji 36 1 19+900 Qurbon' Individual 10 5.12 500 1.0% Wheat 4,500 225 1 225 1,125 1,350.0 Boev Kh.
Choryoron' Lucer 37 1 19+950 Individual 8 4.37 320 0.7% 10,000 320 0 96 480 576.0 Choriev S. ne
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Saidi Jobir' 38 1 20+025 Individual 2 1.02 100 1.0% Wheat 4,500 45 1 70 350 420.0 Halimov J.
Hoji Ismat' 39 1 20+100 Individual 4 2.02 120 0.6% Wheat 4,500 54 1 80 300 380.0 Azimov F.
Zaidulloev President Onion 40 1 20+400 1 0.1 15 1.5% 20,000 30 1 70 350 420.0 T. ial s
Faizi Zamin' 41 1 20+250 Individual 12 6 600 1.0% Wheat 4,500 270 1 270 1,350 1,620.0 Solehov Kh.
Alimardon' 42 1 20+100 Individual 4 2 200 1.0% Wheat 4,500 90 1 90 450 462 1,002.0 Boboeva B.
Hoji 43 1 20+100 Tojiddin' Individual 2 1.02 130 1.3% Wheat 4,500 59 1 59 293 351.0 Rahimov T.
Shamsiddin' 44 1 20+075 Ne'matov Individual 2 1.02 130 1.3% Wheat 4,500 59 1 59 293 351.0 Sh. 145
146
Surush Onion 45 1 20+400 2008' Individual 4 2.02 30 0.1% 20,000 60 1 70 350 420.0 s Giyoev N.
Faridun 46 1 20+200 2008' Individual 2 150 0.8% Wheat 4,500 68 1 80 400 480.0 Karimov M.
Hoji Davron' 47 1 20+225 Individual 4 2.02 240 1.2% Wheat 4,500 108 1 108 540 648.0 Mirov D.
Boboi Lucer 48 1 20+250 Homid' Individual 4 2.02 200 1.0% 10,000 200 0 70 350 420.0 ne Sattorov M.
Mehrubon' 49 1 20+300 Individual 1 0.54 180 3.3% Wheat 4,500 81 1 81 405 486.0 Kabirov K.
Ziyoviddin 50 1 20+325 08' Odinaev Individual 4 2.03 200 1.0% Wheat 4,500 90 1 90 450 540.0 M.
Sodiqzoda' 51 1 23+950 Individual 6 3.06 800 2.6% Wheat 4,500 360 1 360 1,800 2,160.0 Sharipov F.
Hasani' 52 1 22+650 Individual 3.06 1,000 3.3% Wheat 4,500 450 1 450 2,250 2,700.0 Odinaev Z.
Shafoati 53 1 20+000 Olam' Individual 4 2.03 400 2.0% Wheat 4,500 180 1 180 900 462 1,542.0 Dostieva F.
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Aloviddini I' 54 1 20+300 Individual 4 2 100 0.5% Wheat 4,500 45 2 96 480 576.0 Ibrohimov I.
Umed 1' Onion 55 1 20+150 Individual 2 1.02 100 1.0% 20,000 200 1 200 1,000 1,200.0 Umedov M. s
Usto 56 1 20+125 Husein' Individual 2 1 100 1.0% Wheat 4,500 45 1 70 350 420.0 Uroqov Kh.
Abduloiq' 57 1 20+175 Qalandarov Individual 3 1.5 200 1.3% Wheat 4,500 90 1 90 450 540.0 Kh.
Yusupov Yuldosh' 58 1 20+175 Individual 2 1.02 60 0.6% Wheat 4,500 27 1 60 300 462 822.0 Yuldoshev U.
Sharora' 59 1 20+100 Individual 2 1.02 200 2.0% Wheat 4,500 90 1 100 500 600.0 Boboev Z. 147
148
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Muhammad 60 1 20+400 i L' Azimov Individual 1 0.03 30 10.0% Wheat 4,500 14 1 59 295 1,386 462 2,202.0 L
Fathulloev President Onion 61 1 20+425 1 0.1 15 1.5% 20,000 30 1 50 250 462 762.0 K. ial s President 62 1 20+440 Azimov I. 1 0.1 30 3.0% Wheat 4,500 14 1 30 150 462 642.0 ial President 63 1 20+460 Umedov M 1 0.09 40 4.4% Wheat 4,500 18 1 18 90 462 570.0 ial President 64 1 20+480 Jalilov S. 1 0.05 30 6.0% Wheat 4,500 14 1 14 68 462 543.0 ial President 65 1 20+500 Azimov N. 1 0.05 30 6.0% Wheat 4,500 14 1 14 68 462 543.0 ial President 66 1 20+516 Azimov I. 1 0.05 30 6.0% Wheat 4,500 14 1 14 68 462 543.0 ial President 67 1 20+532 Nozimov S. 1 0.05 30 6.0% Wheat 4,500 14 1 14 68 462 543.0 ial
Total 62 152 590 31,895 23,899 14,940 74,600 27,720 10,626 127,886.0 segment 2
Abdullo' 68 1 27+200 Abdulloev Individual 6 4.09 700 1.7% Wheat 4,500 315 1 315 1,575 462 2,352.0 Hikmat
Gulnora' 69 1 27+850 Sharipov Individual 2 0.91 300 3.3% Wheat 4,500 135 1 135 675 462 1,272.0 Gairat
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Abubakr' Onion 70 1 27+300 Mirzoev Individual 3 1.8 400 2.2% 20,000 800 1 800 4,000 4,800.0 s Mirzomurod
Amon' 71 1 27+350 Amonov Individual 2 2.07 500 2.4% Wheat 4,500 225 1 225 1,125 1,350.0 Haqrizo
Hoji Ubaid' 72 1 27+450 Narzulloev Individual 4 3.37 500 1.5% Wheat 4,500 225 1 225 1,125 1,350.0 N.
Shodmon' Lucer 73 1 28+050 Khomurodo Individual 4 4.7 800 1.7% 10,000 800 0 240 1,200 1,440.0 ne v R
Hoji Faizullo' Onion 74 1 28+150 Individual 2 1.37 300 2.2% 20,000 600 1 600 3,000 3,600.0 Sharipova s Gavhar
Bozgar' Onion 75 1 28+050 Rasulov Individual 2 0.9 300 3.3% 20,000 600 1 600 3,000 3,600.0 s Mahmad 149
150
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Hoji Manon' Onion 76 1 28+000 Tolibov Individual 6 9 1,200 1.3% 20,000 2,400 1 1,680 8,400 10,080.0 s Giyos
Sorbon 2008' 77 1 27+750 Collective 3 5 300 0.6% Wheat 4,500 135 1 135 675 462 1,272.0 Hamdamov Akbar
Sharof 2008' Onion 78 1 27+800 Individual 4 3.18 300 0.9% 20,000 600 1 600 3,000 3,600.0 Uroqov s Zafar
Mansurov President Tomat 79 1 ---- 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Khurshed ial oes 2058
Yusupov President Tomat 2058 80 1 ----- 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Inoyat ial oes
Gaffurov President Veget 81 1 ----- 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Bekmurod ial ables 2058
Sadulloev President Veget 82 1 ------1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Bahrullo ial ables 2058
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Hasanov President Veget 83 1 ----- 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Alimardon ial ables 2058
Narzuloev President Veget 84 1 ----- 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Karim ial ables 2058
President Veget 2058 85 1 ------Sharipov 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 ial ables
Hafizov President Veget 86 1 ------1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Haitmurod ial ables 2058
Nizomov President Veget 87 1 ----- 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Qutbiddin ial ables 2058
Olimov President Veget 2058 88 1 ------1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Lutfullo ial ables
Qurbonov President Veget 89 1 ------1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Sharif ial ables 2058
Yusupov President Veget 90 1 26+575 1 0.07 100 14.3% 16,000 160 1 112 560 1,386 Shomurod ial ables 2058
Iqbol' 91 1 Sharipova Individual 5 4 500 1.3% Wheat 4,500 225 1 225 1,125 1,350.0 S. 151
152
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Somonion 27+800 92 1 1100' Collective 20 86.22 8,000 0.9% Wheat 4,000 3,200 1 3,200 16,000 19,200.0 29+400 Kamolov F 29+500 Navruz' 93 1 Collective 2,700 62 14,500 2.3% Wheat 4,000 5,800 1 5,800 29,000 34,800.0 31+000 Salimov Sh. 32+500 Soleh 2007' 94 1 Family 7 2 1,000 5.0% Wheat 4,000 400 1 400 2,000 2,400.0 32+900 Soliev A. 32+900 Firdavs' 95 1 Family 25 11 5,000 4.5% Wheat 4,000 2,000 1 2,000 10,000 12,000.0 33+200 Sharipov T. 33+500 Bahromion' 96 1 Family 15 3 600 2.0% Wheat 4,000 240 1 240 1,200 462 1,902.0 33+600 Zokirov Kh' 33+600 Isozoda' 97 1 Family 12 5 500 1.0% Wheat 4,000 200 1 200 1,000 462 1,662.0 33+700 Isoeva M. 33+700 Qiyomiddin' 98 1 Family 10 3.28 900 2.7% Wheat 4,000 360 1 360 1,800 2,160.0 33+800 Hikmatov A. Training 33+800 Supportiv 99 1 center of - 3.41 900 2.6% Wheat 3,500 315 1 315 1,575 1,890.0 33+900 e MoD of RT 34+000 Hokim' 100 1 Family 5 1.94 500 2.6% Wheat 4,000 200 1 200 1,000 462 1,662.0 34+100 Ochildiev H. Eshonqul' 34+200 101 1 Eshonqulov Family 2 0.78 200 2.6% Wheat 4,000 80 1 80 400 462 942.0 34+300 a Z. Hikmat' 34+300 102 1 Mahmadov Family 3 2.03 600 3.0% Wheat 4,000 240 1 240 1,200 462 1,902.0 34+400 S. Ravshan 34+500 32' 103 1 Family 15 3.48 300 0.9% Wheat 4,000 120 1 120 600 1,386 462 2,568.0 34+600 Bobokhono v U.
Total 36 2,869 225.37 40,300 22,135 20,279 101,395 18,018 4,158 143,850.0 segment 3
Rajabova President 1 0.08 21.0% Wheat 3,500 59 1 59 294 104 1 168 1,386 462 3309,6 Khumor ial Paddy 5,000 84 2 185 924
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Sattorov President 1 0.08 28.0% Wheat 3,500 78 1 78 392 105 1 224 1,386 3335,8 Ismat ial Paddy 5,000 112 2 246 1,232 Muzafarov President 1 0.08 15.8% Wheat 3,500 44 1 44 221 106 1 126 1,386 2484,2 Buri ial Paddy 5,000 63 2 139 693 Muzafarov President 1 0.08 12.3% Wheat 3,500 34 1 34 172 107 1 98 1,386 462 2703,6 Nabi ial Paddy 5,000 49 2 108 539 Rajabov President 1 0.08 10.5% Wheat 3,500 29 1 29 147 108 1 84 1,386 2120,8 Daler ial Paddy 5,000 42 2 92 462 Muminov President 1 0.08 15.0% Wheat 3,500 42 1 42 210 109 1 120 1,386 2435 Abdurashid ial Paddy 5,000 60 2 132 660 Muminov President 1 0.08 15.0% Wheat 3,500 42 1 42 210 110 1 120 1,386 462 2898 Malik ial Paddy 5,000 60 2 132 660 Mardonov President 1 0.08 15.0% Wheat 3,500 42 1 42 210 111 1 120 1,386 2437 Ashur ial Paddy 5,000 60 2 132 660 Rajabov President 1 0.08 23.3% Wheat 3,500 65 1 65 326 112 1 186 1,386 462 3474,2 Avazmurod ial Paddy 5,000 93 2 205 1,023 Safoev President 1 0.08 23.3% Wheat 3,500 65 1 65 326 113 1 186 1,386 3013,2 Ahliddin ial Paddy 5,000 93 2 205 1,023 Abdulloev President 1 0.08 20.0% Wheat 3,500 56 1 56 280 114 1 160 1,386 2788 Uroq ial Paddy 5,000 80 2 176 880 Otabekov President 1 0.08 31.3% Wheat 3,500 88 1 88 438 115 1 250 1,386 3572 Ahtam ial Paddy 5,000 125 2 275 1,375 Buriev President 1 0.08 15.0% Wheat 3,500 42 1 42 210 116 1 120 1,386 462 2904 Sulton ial Paddy 5,000 60 2 132 660 Buriev President 1 0.08 16.3% Wheat 3,500 46 1 46 228 117 1 130 1,386 462 2992 Mamadqul ial Paddy 5,000 65 2 143 715 153
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Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Kholov President 1 0.08 12.5% Wheat 3,500 35 1 35 175 118 1 100 1,386 2270 Mingit ial Paddy 5,000 50 2 110 550 Haitaliev President 1 0.08 20.0% Wheat 3,500 56 1 56 280 119 1 160 1,386 2793 Saifiddin ial Paddy 5,000 80 2 176 880 Jabborov President 1 0.08 31.3% Wheat 3,500 88 1 88 438 120 1 250 1,386 3577 Karim ial Paddy 5,000 125 2 275 1,375 Wheat 3,500 53 1 53 263 150 Dusti' Paddy 5,000 75 2 165 825 121 1 Sanginov Collective Onion 21,469.8 900 20,000 1,800 1 1,260 6,300 R. s Cotto 5,605 2,500 1,040 2 2,101 10,504 n Hokimbobo' Onion 122 1 Abdulkhairo Individual 1 245 20,000 490 1 490 2,450 2,940.0 s v Kh. Zabir' Onion 123 1 Individual 1 560 20,000 1,120 1 1,120 5,600 6,720.0 Zabirov T. s Rustambek' 1 Wheat 3,500 525 1 525 2,625 124 1 Individual 1,500 11,028.0 Boboev Kh. Paddy 5,000 650 2 1,313 6,565 Valijon 1 Wheat 3,500 897 1 897 4,484 125 1 Ashurov' Individual 2,562 17,839.6 Ashurov Paddy 5,000 1,028 2 2,077 10,383 Amro' Onion 126 1 Saifulloev Individual 1 310 20,000 620 1 620 3,100 3,720.0 s A. Gufron' 1 Wheat 3,500 77 1 77 385 127 1 Zamonova Individual 220 1,914.0 B. Paddy 5,000 110 2 242 1,210
Jamolion' Onion 128 1 Habibova Individual 1 180 20,000 360 1 360 1,800 2,160.0 s N.
Allowanc Annual e for loss Allowanc Allowa Total % of the Total 1 kg of Average crop of use e for nce for compens No of Total Affecte affected affect produc № Dekhan Type of Type crops value rights (5 severely vulner ation for Larp farm farm d land land vs ed ts of Road km farm and Dekhan of producti to be years affected able affected No memb land (sq. total land produ (market HH the owner farm crops vity compe annual househol house agricultu ers (Ha) meters) holding ction value (kg/ha) nsated crop ds holds re lands (kg) TJS) (TJS) value) (TJS) (TJS) (TJS) TJS
Qurbon' 1 Wheat 3,500 74 1 74 368 129 1 Individual 210 1,827.0 Islomov Q. Paddy 5,000 105 2 231 1,155 Shokirjon' Onion 130 1 Individual 1 180 20,000 360 1 360 1,800 2,160.0 Burhonov s Alisher' Onion 131 1 Individual 1 100 20,000 200 1 200 1,000 1,200.0 Haidarov A. s Open Stake holding Cotto 132 1 Individual 446 25,000 0.6% 2,500 5,500 2 11,110 55,550 66,660.0 farm n 'Haqiqat' Comunal Service 133 1 Individual 3 700 2.3% Wheat 3,500 245 1 294 1,470 1,764.0 land Tursunzoda Total 30 27 450.36 41,024 17,539 27,340 136,700 23,698 2,772 190,509.8 segment 4
Total affected agriculture crop land 3,075 1823.73 134,444 85,298 69,776 348,782 69,436 17,556 505,550.8
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Compensation for land loss - Affected orchard and vineyard on agriculture land - LARP I
Affected Value of 1 area of Total Total kg of No of years Total the Annual fruit compensation Type of Type N0 of affected products for allowance to Name of Dekhan farm and the Dekhan value to be for affected № Dekhan of fruit fruit fruit based on replacement be owner farms compensated agriculture farm trees trees production market of trees compensated lands (TJS) lands (kg) information (TJS) (sq. (TJS) (TJS) meters)
1 Kishmish Tuda' Rahimov Rashid Collective 300 Peach 22 550 5 2,475 2 4,950 7,425
600 Grapes 15 375 5 1,875 4 7,500 9,375 Barakatullo' Barakatulloi 2 Family 1,000 Cherry 18 450 5 2,250 2 4,500 6,750 Marufkhuja 3 Apple 112 4,480 3 13,440 3 40,320 Navruz' Salimov Sh. Collective 12,400 Grapes 20 500 5 2,500 4 10,000 75,635 Cherry 25 625 5 3,125 2 6,250 4 Khuja' Davlatov A. Family 400 Cherry 9 225 5 1,125 2 2,250 3,375 5 Michurin' Karomatov U. Family 900 Cherry 10 250 5 1,250 2 2,500 3,750 Total segment 3 15,600 231 7,455 28,040 78,270 106,310
APPENDIX 8 HOUSHOLD LOOSING BUSINESSES, LARP I
Households loosing businesses - LARP I
Road Km Affected Business Allowance № / from - Name Village Jamoat District for income to Area losses TJS Type of Business Patent m2 Tukhtaeva Shop (Food/manufactured goods) / Магозаи 1 58.15 Regar Garav Tursunzoda 6.25 Yes 2,000 Yorqinoy Хуроквори 2 Tursunzoda Barber shop / Сартарошхона 7 Yes 1,500 Shop (Food/manufactured goods) / Магозаи 3 26.525 Aliev Sadullo Dehinaw Mirzo Rizo Hisor 24 Yes 4000 Хуроквори Snack food outlet / Дукони хуроки 4 Hisor 80 Yes 7,500 тезтаёршаванда Shop (Food/manufactured goods) / Магозаи 5 19.15 Jabborov Iskandar Avghonobod Khonaqoh Hisor 20 Yes 4,000 Хуроквори Shop (Food/manufactured goods) / Магозаи 6 14.12 Qodirov Abdusattor Shurob Shurob Hisor 93 Yes 20,000 Хуроквори 7 Hisor Café / Canteen / Ошхона (буфет, столовая) 80 Yes 6,000 Jabborov Construction materials shop / Масолехи 8 19.15 Avghonobod Khonaqoh Hisor 24 Yes 7,000 Muhabatsho сохтмони Car repair workshop / Устохонаи таъмири 9 21.05 Miraliev Bozor Davlatmanqa Navobod Hisor 24 No 2,772 мошин Total 358.25 54,772
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APPENDIX 9 EMC TOR
Road Network Development Program
GRANT 42052- TAJ: DUSHAMBE-UZBEKISTAN BORDER ROAD
Terms of Reference
External Monitoring Consultant (EMC)
1. Introduction 1. The Asian Development Bank (ADB) has agreed to provide the Government of Tajikistan with a $120 million Grant to upgrade and rehabilitate the Dushanbe-Uzbekistan Border road. The Project will entail Land Acquisition and Resettlement (LAR) impacts and its preparation requires the preparation of two Land Acquisition and Resettlement Plans (LARP) fitting ADB’s Resettlement Safeguards and approved by the Government. LARP1 will be finalized in February 2011 and implemented in the following 3 months. LARP2 will be finalized around mid 2011 and implemented by the end of the year. Based on the requirements of ADB resettlement safeguards the implementation of these LARPs will have to be monitored by an external monitoring agency (EMA) to be carried out in two phases: a) phase one will focus on the monitoring of the actual implementation of the LARP compensation program and will include the preparation by the EMA of a compliance report based on which ADB will provide no objection to the start of civil works; b) phase two, to be carried out one year after the implementation of the LARP will be devoted to a broad evaluation of the degree to which the rehabilitation of the Affected Parties (AP) has been achieved.
2. To satisfy the above requirements the Executing Agency—the Ministry of Transport and Communications (MOTC) is seeking the services of an independent consultant, acceptable to ADB and the Government, to act as the EMA for phase one of the external monitoring of LARP118. Terms of Reference (TOR) for these tasks are detailed below.
2. Scope of Work 3. External monitoring of the Project will be based on (i) the procedures and guidelines of ADB as set out in the Handbook on Resettlement (Manila, 1998); (ii) relevant laws, policies, and regulations in Tajikistan; (iii) the prescriptions of LARP1; and (iv) the general principle that AP’s livelihood should be better or at least remain at the present level after completion of the Project.
18 Phase two for LARP1 and all external monitoring phases for LARP2 will be carried out by the supervision consultant
4. The selected consultant will closely monitor the implementation of the LARP and engage in the following tasks: (i) review of the disclosure of the LARP and of the Information pamphlet; (ii) review of the action taken by the Executing Agency (EA) to compensate the APs with particular attention to the way this action fits the stipulation of the LARP; (iii) verification of the compensation tallies and ; (iv) verify whether the compensation is provided thoroughly to all APs and in the amounts defined in the LARP and in the AP contracts; (v) asses the satisfaction of the APs with the information campaign and with the compensation/rehabilitation package offered to them; (vi) review the legalization process and assess its effectiveness; (vii) review complaints & grievances case; (vii) carry out an AP satisfaction survey with a 20% sample of the APs.
5. Immediately after the implementation of the LARP the EMA will prepare a Final Compliance Report (FCR) which will include well argued sections on the following: i. Assessment of the way compensation was carried out in relation of the stipulations of the LARP and the LARF; ii. Verification that all APs have been compensated in the amounts stipulated in the LARP iii. Assessment of the accuracy of survey and asset valuation iv. Assessment of the effectiveness and thoroughness of the Legalization process v. Review of complaint and grievance cases and of their solution vi. Assessment of the rehabilitation program for severely affected and vulnerable APs vii. Assessment of the satisfaction of the APs viii. Lesson learned to be applied to the next projects, and; ix. General assessment of LARP implementation and recommendations to ADB regarding the provision of No Objection Letter to start the civil works.
6. The FCR will be presented to MOTC and submitted to ADB for review.
3. Implementation Arrangements 7. The EMA shall report directly to the EA and carry out its activities in close coordination with the EA resettlement team and with the land committee of the affected Rayons.
4. Reporting Requirements 8. The EMA is expected to submit to the EA the following deliverables: • An Action Plan for the monitoring of LARP1 implementation (10 days after contract signing). • A Final Compliance Report (15 days after the completion of LARP implementation)
9. The EMA shall submit the deliverables in Tajik and English languages in electronic and 3 hard copies along with the cover letter.
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5. Modalities of work 10. The EMA will engage in desk and field work and will be required to spend extensive period in project areas. For surveys and questionnaires the EMC will hire a small team of interviewers whose composition and members number will have to agreed by the EA.
6. Consultant Qualifications 11. The EA shall engage an individual consultant from NGOs, academic institutions, consulting firms, or individual resettlement specialists. The Consultant should have prior experience in conducting external resettlement monitoring or evaluation for development projects. Familiarity with the ADB Involuntary Resettlement Policy (1995) and the ADB Safeguards Policy update (2009) is an advantage.
7. Duration of Consulting Services 12. The consultancy service shall start 15 Days before the start of the implementation of the LARP and shall be concluded 20 days after the end of LARP implementation. As it is expected that LARP implementation will start at the beginning of March 2011 and end at the beginning of June 2011 the consultant will be engaged for 5 months (4 months continuously and 1 month on the intermittent basis).
APPENDIX 10 BUDGET FOR LARPS I AND II
Table 9.14 LARP I and LARP II Budget
TOTAL TOTAL LARP TOTAL LARP II ITEM LARP I & II I TJS TJS TJS 1. Rehabilitation Assistance for Loss of Land Use Right a. Cash Allowance - agricultural Land 376,920.75 124,343 501,264 - Residential / Commercial Land 68,379.3 74,844.22 143,223.5 b. Preparation for allocated residential/commercial plot 10,800 32,400 43,200 2. Compensation for Structure Losses a. Buildings 855,842 1,356,293 2,212,135 b. Walls and Fences 293,222 349,358.40 642,580.4 c. Other structures 3. Compensation for Crop Losses a. annual crops 69,776.15 21,958 91,734 b. perennial crops/fruit trees 78,270 39,269 117,539 c. fruit trees at households' plots 113,370 91,080 204,450 4. Compensation for Businesses Losses 54,772 282,000 336,772 5. Allowances a. Allowance for Severely Affected APs 74,844 28216.8 103,066.8 b. Allowance for Vulnerable APs 31,878 35,574 67,452 c. Relocation allowance 3,579 10,737 14,316
Total compensation Costs 2,031,653.25 2,413,673.00 4,445,327
Support Costs 150,000 150,000 300,000 Total 2,181,653.25 2,563,673.42 4,745,326.67 Sum of not finalized design segments of the road 1,696,598.00 1,696,598.00 Contingency 5% LARP I and 20% LARP II 109,082.66 852,054.30 961,137 Grand Total 2,290,736.00 5,112,325.70 7,403,062
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APPENDIX 11 THIRD PARTY INSURANCE
Under the construction contract between the Ministry of Transport (the Employer) and the construction company that will construct the road (the Contractor), the Contractor must provide insurance policy for damages to persons and property, covering the construction period (36 months) and, in addition, the Defects Notification Period of 24 months.
The total period of insurance is 5 years, but it may be longer or shorter, depending on whether the Contractor finishes the works before or after the due time. The Contractor’s obligations are expressed in Sub-Clause 18.3 of the Conditions of Contract, which is reprinted as follows.
18.3 Insurance against The insuring Party shall insure against each Party’s liability for Injury to Persons and any loss, damage, death or bodily injury which may occur to any physical property (except things insured under Sub-Clause Damage to Property 18.2 [Insurance for Works and Contractor’s Equipment]) or to any person (except persons insured under Sub-Clause 18.4 [Insurance for Contractor’s Personnel]), which may arise out of the Contractor’s performance of the Contract and occurring before the issue of the Performance Certificate.
This insurance shall be for a limit per occurrence of not less than the amount stated in the Contract Data, with no limit on the number of occurrences. If an amount is not stated in the Contract Data, this Sub-Clause shall not apply.
Unless otherwise stated in the Particular Conditions, the insurances specified in this Sub-Clause:
(a) shall be effected and maintained by the Contractor as insuring Party,
(b) shall be in the joint names of the Parties,
(c) shall be extended to cover liability for all loss and damage to the Employer’s property (except things insured under Sub-Clause 18.2) arising out of the Contractor’s performance of the Contract, and
(d) may however exclude liability to the extent that it arises from:
(i) the Employer’s right to have the Permanent Works executed on, over, under, in or through any land, and to occupy this land for the Permanent Works,
(ii) damage which is an unavoidable result of the Contractor’s obligations to execute the Works and remedy any defects, and
(iii) a cause listed in Sub-Clause 17.3 [Employer’s Risks], except to the extent that cover is available at commercially reasonable terms.
Some important aspects of the third party insurance
i. It protects either of the two parties (the Employer or the Contractor, individually, or both together) against claims for damages that third parties, like local property owners, for example, may have suffered during, and two years after the construction of the road.
ii. The insurable events include actions of the Contractor and the Employer that have caused damages or losses to property, as well as physical injuries to persons other than the Employer’s or Contractor’s personnel. The insurance covers damages caused by direct physical impact of the Contractor’s equipment, vibration, Contractor’s or Employer’s design, or by other activities related to the construction of the road.
iii. The Contractor must provide this insurance within 28 days from the commencement of the Contract.
iv. The insurance is in the names of both parties. In consequence, a person who suffered certain damages as a result of an action of the Employer or the Contractor during the period of insurance (the Claimant) may chose to claim against the Contractor only, or against the Employer, or against both.
v. The insurance company (the Insurer) may be a local or an international entity.
vi. The terms of insurance may vary, depending on the Insurer. However, a common feature of all insurance policies is that all claims must be raised as soon as practicable.
vii. In addition, the Employer or the Contractor must notify the Insurer of any potential claim within the period specified in the insurance policy. The period may be one to two weeks; rarely does it exceed two weeks.
viii. If the Claimant does not notify the Employer or the Contractor of his or her intention to claim damages within the period specified in the insurance policy, the insurer may refuse to pay the claimed damage. In this case, the Claimant, could still seek damages from the Employer, or the Contractor, or both and if they refuse to pay, the Claimant may take legal action under the Tajik law. However, this is a long, uncertain and costly procedure in all countries in the world and it should be used only as the last resort.
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Claim Procedure
ix. The Claimant may address his or her claim for damages to the Contractor, or to the Employer, or to both of them. Probably the safest way should be to address the notification of the claim or the claim itself to both Parties.
x. The Claimant may chose to write first a Notice of Claim, immediately after the event which caused the damage, and then to write a full claim, providing particulars of the damages and details of the compensation claimed. Alternatively, the Claimant may submit only a claim. In either case, it is advisable to submit the complete claim not later than 7 days after the damaging event. While the Notice of Claim is an option, the submission of a detailed claim is a must.
xi. Once the Employer or the Contractor receive the claim, they have an obligation to notify the Insurer, which should then send its representatives to verify the Claimant’s allegations, investigate the causes and assess the damages.
xii. After that the Insurer decides whether the claim is justified, and if so, whether to pay a part or the entire claim.
xiii. The Insurer will reject the entire claim if it is not justified. Furthermore, the Insurer may refuse to pay damages, or to pay only a part of a justified claim. This could happen for many different reasons: if the insured parties did not notify the Insurer of the claim/notice of claim within the period specified in the insurance policy; or the Contractor or the Employer were grossly negligent, or the particular damage or a particular action is excluded from the insurance, etc. In such a case the Contractor or the Employer may still accept liability for a part or the entire amount of the claimed damages and pay the difference to the Claimant.
xiv. However, if after the Insurer does not pay a part or the entire claim, and one or both parties also refuse to pay either the entire claim, and the Claimant believes that his or her claim is justified, the Claimant may take legal action against either or both parties. It is essential to note that the Claimant does not have any claim against the Insurer, but only against one or both parties.
Writing the Claim
xv. The recommended claiming procedure consists of two steps: first, writing a Notice of Claim and then submitting a claim with all particulars and supporting documents.
xvi. The Claimant should submit a Notice of Claim, immediately after the event which caused the damage. The notice will enable the Contractor and the Employer to discharge their obligation to notify the Insurer promptly of a potential claim.
xvii. The notice must provide the essential information of the event: the date, the location, the name of participants, and the action of the Contractor or the Employer that has caused the damage. The Claimant must also state that he or she intends to claim damages and will provide particulars as soon as he or she ascertains the damages. The purpose of the notice is to inform the Contractor or the Employer of the event until the Claimant assesses and evaluates in detail the damages and prepares all particulars of the claim.
xviii. If the Claimant can assess the damages immediately after it has occurred, he or she may chose to submit a claim without writing any notice. In this case, the Claimant should submit the claim as soon as practicable, but not later than, say, 7 calendar days after the event.
xix. In the Claim, the Claimant should provide detailed information of the event, the supporting documents, such as witness statements, certificates from Hukumats, if any, and it must state the claimed amount of damages.
Grievances procedure if the Claim is refused
xx. If the Insurer refuses to pay the entire or a part of the amount claimed, the Claimant, may still be entitled to the full amount of the claimed damages from the Contractor or the Employer.
xxi. If the Contractor or the Employer, too, refuse to pay a part or the entire amount of damages to which the Claimant believes to be entitled, the Claimant may sue the Contractor, or the Employer, or both.
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APPENDIX 12 REVISED STRIP MAP, LARP I AND LARP II REVISED STRIP MAP, LARP - Phases I and II 4+560 7+550 14+120 14+120 17+060 21+500 22+500 22+500 26+500 34+000 43+200 34+000 61+550 43+200 43+800
LEGEND:
LARP Phases
LARP Phase I - comprises only the four segments of the Site agreed during the video conference of 15 December 2010 between ADB, MOTC and the Consultants. For all four segments, the road centerline was finalized in November 2010. The short sections of the road for which the centerline was finalized are excluded from LARP Phase I. For such sections, the Consultant will do preparatory work and include a detailed resettlement information in an Annex to LARP Phase I, or in a separate report. Stage 1 - involves giving the Contractor access to the entire site for topographic survey and site engineering investigation only. LARP Phase II - will cover the remaining parts of the Site.
Site Handing Over Stages
(Stage 1 does not involve any land acquisition)
Stage 2 - the Site for construction to be given to the Contractor 60 days after the Commencement Date
Stage 3 - the Site for construction to be given to the Contractor 9 months after the Commencement Date
APPENDIX 13 ORIGINAL AND TRANSLATION OF THE LETTER FROM HISOR DISTRICT AUTHORITY ON REPLACEMENT PLOTS AND RELOCATION SUPPORT TO THE AFFECTED PERSONS.
Translation of the letter of Executive Government of Hisor district:
Republic of Tajikistan
Chairman of Hisor district
Date: 15th March, 2011 No: 1 Hisor town
To: Ministry of Transport of the Republic of Tajikistan
Executive Government of Hisor district informs you that according to the ‘Dushanbe – Uzbekistan border road improvement’ project Ibronov Halim resident of Gairatobod village of Khonaqoh jamoat, Mansurov Khursand resident of village Dehi Nav of Mirzo- Rizo jamoat and shop of Qodirov Abdusattor located in Shurob village of Khonaqoh jamoat, will be highly affected and remain without sufficient space to rebuild their houses and shop. Above mentioned affected persons will receive already allocated land for the construction of residential buildings and shop, All the necessary facilities such as road, electricity line, drinking water (water pumping wells) and septic pits will be provided. Overall costs of the mentioned facilities constitute 3600 Somoni that will be given to each household.
1. Drinking water pumping well – 1350 Somoni
2. Electricity line - 900 Somoni
3. Septic pit - 1350 Somoni
Information about location and area of land plots for construction of residential buildings and shop was provided to the affected persons, Ibronov H., Mansurov Kh. and Qodirov A. and their acceptance received. Written acceptance of the affected persons received and attached to this letter.
First deputy of Chairman of Hisor district Government Mr. A. Hafizov signed and stamped.
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APPENDIX 14 JAMOAT INFORMATION LETTER AND ACCEPTANCE NOTE OF THE AP FOR THE LOCATIONS OF THE REPLACEMENT PLOTS
Translation of informational letter of Chief of jamoat of Khonaqoh.
Republic of Tajikistan
Jamoat Khonaqoh
Hisor district
Date: 10th March 2011 No. 76 Shurobi Avghon village
To: Mr. Solehov B. T.
Chairman of Hisor district
Informational letter
It is to inform you that Mr. Ibronov Halim whose house and residential plot is affected by the Dushanbe – Uzbekistan border road improvement project, will be provided with residential plot in Khirmanak village from the residential plots land resources.
Chief of jamoat of Khonaqoh M. Safarov signed and stamped. 169
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Noted and signed by Mansurov Khursandmurod on 10th March 2011
I am resident of Dehi nav village of jamoat Mirzo-Rizo. My residential building and household plot is affected by Dushanbe – Uzbekistan border road improvement project. I am aware that the Government has allocated land plot for me. I am happy and have no objection. Written and signed by my own.
Noted and signed by Ibronov H. on 14th March 2011
I Ibronov Halim would like to note that Dushanbe – Uzbekistan border road improvement project is affecting my residential building and plot. I request Khonaqoh jamoat to provide me with residential plot. Written and signed by my own.
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Abstract summaries of the acceptance notes:
Noted and signed by Qodirov A. on 15th March 2011
I would like to inform you that because of the Dushanbe – Uzbekistan border road improvement project, my shop which is located on the road side, is affected. I am aware that Government of Hisor district has allocated for me to construct a new shop. This note is written and signed by my own.
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APPENDIX 15 ORIGINAL CONFIRMATION LETTERS OF DISTRICTS GOVERNMENTS TO THE MINISTRY OF TRANSPORT ON DECISION TAKEN FOR BUSINESS LOSSES COMPENSATION
Districts government authorities of Tursuzade and Hisor state in the following letters that regardless of the business type and size, owners will receive compensation.
Local authorities of each district emphasized this decision by providing letter to the Ministry of Transport stating that all kind of businesses whether registered or is running informally, will receive compensation entitlements as per the calculations provided. Original scanned copies of the district government authorities’ letters are attached bellow.
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