Safeguards Due Diligence Report Tajikistan: Building Climate

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Safeguards Due Diligence Report

Social Safeguards Due Diligence Report (SSDDR) Document Stage: Final Project Number: 45354-002 January 2017

Tajikistan: Building Climate Resilience in the Pyanj River Basin

Prepared by the State Institution Project Management Unit of Building Climate Resilience in the Pyanj River Basin Project.

This social due diligence report 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.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

CURRENCY EQUIVALENTS (as of November 20161)

Currency unit - Tajikistan Somoni (TJS) TJS 1.00 = $ 0.1269 $1.00 = TJS 7.8780

ABBREVIATIONS ADB – Asian Development Bank ALRI – Agency on Land Reclamation and Irrigation EA – Executing Agency GRC – Grievance Redress Committee GRM – Grievance Redress Mechanism Ha – Hectare KMK – Khojagii Manziliyu Kommunali (Housing and Utility Company) LAR – Land Acquisition and Resettlement LARF – Land Acquisition and Resettlement Framework LARP – Land Acquisition and Resettlement Plan MOF – Ministry of Finance NGO – Non-government Organization PIU – Project Implementation Unit WUA – Water Users Association

WEIGHTS AND MEASURES

km - Kilometer m - Meter

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

1 Source: National Bank of Tajikistan http://nbt.tj/en/ i

CONTENTS

1. INTRODUCTION ...... 1 A. Introduction ...... 1 B. Project description ...... 1 C. Physical works ...... 2 D. Approved sub-projects and additional works ...... 3 2. PROJECT IMPLEMENTATION ARRANGEMENTS ...... 5 3. APPROACH AND METHODOLOGY FOR DUE DILLIGENCE ...... 5 4. FINDINGS OF SITE VISIT ...... 6 5. PUBLIC CONSULTATIONS AND DISCLOSURE ...... 12 6. DUE DILIGENCE ON LAND ACQUISITION AND RESETTLEMENT ...... 14 7. ENVIRONMENTAL DUE DILIGENCE ...... 15 8. GRIEVANCE REDRESS MECHANISM ...... 17 9. CONCLUSION AND RECOMMENDATIONS ...... 19

ANNEXES

Annex 1. List of persons met

1. INTRODUCTION

A. Introduction

1. The Agency for Land Reclamation and Irrigation (ALRI) is executing (in part) the “Building Climate Resilience in the Pyanj River Basin, Republic of Tajikistan” project funded under a Grant from the Asian Development Bank number G 0352-TAJ.

2. The technical assistance for project implementation to ALRI is provided by sub- contracted consultants (Eptisa, in association with Silk Road Consulting), under a contract for consultancy services signed with ALRI on 7 April 2015, with services commencing on 24 April 2015.

3. The overall project implementation period is 2014 to 2019. The project is included in the Tajikistan Strategic Program for Climate Resilience (SPCR), which was approved for funding under the Strategic Climate Fund (SCF) in November 2010. The project is consistent with the Tajikistan Country Partnership Strategy 2010-2014 and is included in the Country Operation Business Plan 2013–2014 for Tajikistan. This project is also in line with ADB's long-term strategic framework, Strategy 2020, which includes support to increase climate resilience of developing countries and promote the development of the private sector.

4. As part of initial phase of project implementation under component 1 and 2, implemented by ALRI the detailed engineering design has been developed for all sub- projects which have revealed no land acquisition and/or resettlement impact in the vast majority of the sub-projects. For the given sub-projects Social Safeguard Due Diligence Report (SSDDR) has been developed and disclosed on December 2015 on ADB website. In December 2016, SSDDR has been prepared for additional sites in Vose district on rehabilitation of additional portions of river banks on Kyzyl-Su and Yakh-Su rivers which were eroded due to intense rainfalls from 8-11 May 2016.

5. Following ADB mission to project sites through October 12 to 21 2016, the possibility of extension of works on additional sites in Kulob, Darvoz and Vanj districts were discussed. Based on communication and discussions with ADB, detailed design and engineering estimates as well as economic justification for the additional sites in Kulob, Darvoz and Vanj districts has been prepared.

6. This SSDDR is developed for the additional sites in Kulob, Darvoz and Vanj districts implemented under Component 1, by ALRI. The report specifically covers sub-projects that envisage rehabilitation and reinforcement of bank protection structures in the Khodjaisog village of Ziraki jamoat of Kulob district, Jorf village, Viskharv jamoat, Darvoz district and Vahdat village, Vodkhud jamoat, Vanj district.

B. Project description

7. The main aim of the project is to increase climate resilience of communities in the Pyanj River basin. The project consist of 4 components: Component 1- more resilient flood protection systems comprising rehabilitation of small scale flood management infrastructure, 2

and capacity building of disaster management committees; Component 2 - more resilient irrigation systems comprising rehabilitation of small scale irrigation infrastructure, and capacity building of water user associations; Component 3 - more resilient drinking water supply systems comprising rehabilitation of drinking water supply infrastructure in highly vulnerable communities, and capacity development of water consumer groups; Component 4 - a microfinance component to provide financial services to vulnerable groups, especially women, and promote climate resilience measures.

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

9. As part of non-physical measures the following activities are planned: capacity building including supervision and quality assurance during construction, guidance for infrastructure operation and maintenance, training on the climate change adaptation for the local community groups (e.g. jamoat officials, water users associations (WUA), disaster risk management committees (DRMC) and drinking water consumer groups (WCG)). In addition, a series of trainings for the local communities are planned through the Project Implementation Unit (PIU) district offices and the Climate Change Information Centres established under the PPCR.

10. The project components fall under responsibility of different government bodies: Components 1 and 2 are implemented by the State Institution Project Management Unit under the ALRI; Component 3 is implemented by the Project Implementation Group under the KMK (Khochagii Manziliyu Kommunali) State Unitary Enterprise for Housing and Communal Services; Component 4 is implemented by the PIU under the Ministry of Finance.

C. Physical works

11. The physical works are conducted under Components 1, 2 and 3 of the given project. Within Component 1 rehabilitation and climate-proof of flood protection infrastructure in 10 jamoats is being implemented. The following measures are considered as part of this component: upgrading of flood and mud-flow protection infrastructure in ten locations including river bank reinforcement, embankment reconstruction, restoration of stream beds, terracing and planting of trees, and soil stabilization; developing operation and maintenance guidelines and training local units of the responsible agencies; developing of early warning systems through the use of modern technologies including mobile phones; establishing of DRMCs in target communities; provision of training and dissemination of information on the impact of climate change and adaptation measures for local government officials and communities.

12. As part of Component 2, climate- proof of irrigation systems in 8 jamoats is anticipated. Under this component following measures are being undertaken: rehabilitation and climate- proofing of irrigation canals, including reconstruction, cleaning of drainage and delivery canals and rehabilitation of some pumping stations; piloting of a drip irrigation scheme; strengthening of WUAs where appropriate; provision of advice and dissemination of information on water resources management and climate-resilient agricultural practices to farmers, local government officials, women’s groups, and other stakeholders

13. Water supply infrastructure in 7 jamoats is being rehabilitated and climate-proofed within Component 3, which comprise of such measures like: rehabilitation and climate- proofing of seven rural drinking water supply systems, including rehabilitation, upgrade, and construction of boreholes, provision of new and rehabilitated pumping equipment, and construction of new service reservoirs and water tanks; developing of operation and maintenance guidelines and training of local units of the responsible agencies; establishing of WCGs to influence responsible agencies and ensuring performance of the water supply facilities; and raising awareness about health risks and other risks associated with the climate change.

D. Approved sub-projects and additional works

14. In the initial phases of project implementation a sub-consultant non-governmental organization (NGO) “Loihai Ob” was contracted to facilitate preparation of detailed design and documentation which is prerequisite for bidding for all the sub-projects. The contract was signed for a start date of 27 April 2015, with the sub-projects approved for detailed design in project target districts as provided in the table below.

Table 1: Project location at the jamoats

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

15. Following thorough survey in all the project locations the sub-consultant has prepared detailed design for the sub-projects on:

- Construction and restoration work of the bank protection structures on the rivers Yah- Su and Kyzyl-Su and single span bridge in Vose District; rehabilitation of Dahana stream bed with cleaning and partly rehabilitation of embankment in Kulob District.

- Construction and rehabilitation works of irrigation systems in the areas of Pyanj.

- Bank protection works in Darvoz, Vanj and Rushan

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

16. In accordance with the survey and detailed engineering design the vast majority of sub-projects do not require land acquisition and/or resettlement. The only area implying land acquisition and/or resettlement impact is in Vrang village of Vrang Jamoat in Ishakshim district for which corresponding Land Acquisition and Resettlement Plan (LARP) has been developed and approved by ADB. For the remaining sub-projects SSDDRs were prepared on December 2015, January 2016 and July 2016 and disclosed on ADB website. In December 2016, SSDDR has been prepared for additional sites in Vose district on rehabilitation of additional portions of river banks on Kyzyl-Su and Yakh-Su which were eroded due to intense rainfalls from 8-11 May 2016.

17. Following ADB mission to project sites through October 12 to 21 2016, the possibility of extension of works on additional sites in Kulob, Darvoz and Vanj districts were discussed. Based on communication and discussions with ADB, detailed design and engineering estimates as well as economic justification for the additional sites in Kulob, Darvoz and Vanj districts has been prepared.

18. This SSDDR is developed for the additional sites in Kulob, Darvoz and Vanj districts implemented under Component 1, by ALRI. The report specifically covers sub-projects that envisage rehabilitation and reinforcement of bank protection structures in the Khodjaisog village of Ziraki jamoat of Kulob district, Jorf village, Viskharv jamoat, Darvoz district and Vahdat village, Vodkhud jamoat, Vanj district.

19. According to design and consultations with project engineers, extension of works envisaged, on the additional sites is similar to previous implementations, which mainly include manual and mechanized work on restoration of bank protection structures.

2. PROJECT IMPLEMENTATION ARRANGEMENTS

20. The overall project implementation is vested to three Executing Agencies (EAs): Agency on Land Reclamation and Water Resources (ALRI), (ii) Khojagii Manziliyu Kommunali State Unitary Enterprise for Housing and Communal Services (KMK, formerly Tajikkomunservices), and (iii) Ministry of Finance (MOF).

21. Outputs 1 and 2 which envisage flood protection and irrigation infrastructure works, community participation in flood protection and irrigation schemes, early warning systems and climate change information centres are implemented by ALRI.

22. Output 3 on drinking water supply infrastructure and community engagement is the responsibility of KMK.

23. Output 4, which includes provision of two credit lines and micro deposit product development activities, a feasibility study on credit insurance and, if appropriate, a pilot scheme on credit insurance are vested on MOF.

24. In addition, to the defined specific scopes of activities all the EAs are responsible for the institutional development, training and capacity building of community level organizations related to their component.

25. The Executive Office of the President and the PPCR Coordination Mechanism led by the Deputy Prime Minister, which includes an inter-ministerial Committee, a steering group and a technical experts group is in charge of overall coordination of the project.

3. APPROACH AND METHODOLOGY FOR DUE DILLIGENCE

26. This SSDDR has been developed thru desk review and verification of documents (ADB and country social safeguard policy framework, project documents and reports, engineering drawings, etc); consultation with project team particularly project engineers and regional PIU staff and manager; open ended interviews with key informants on district and local level including with relevant government representatives, regional PIU staff, school teachers, community leaders and local residents; site visits and participant observation on the field; etc. Specifically, in preparation of this SSDDR the following activities are done: I. Review of the relevant ADB social safeguard policy, policy and legal framework of the Republic of Tajikistan on resettlement and land acquisition. II. Review of project documents, reports and the design drawings for the sub- projects. III. Consultation and discussion with project Consultant team, specifically engineers regarding detailed design of sub-projects sites. IV. On site consultations with Environmental Specialists to verify and counter-check the initial conclusions on potential impacts. 6

V. Consultation with field level PIU staff involved in planning and implementation of various project components. VI. Public consultations at jamoats as well as sub-project site in Kulob, Vanj and Darvoz districts. The public consultations involved a wide range of stakeholders, local authorities and other relevant staff at the jamoats, community leaders and local residents, school teachers from concerned communities, sub-contractors like heads of construction companies and engineers. VII. Transect walks and participant observation accompanied by PIU staff and local residents were conducted at all the project sites. The physical condition and the surrounding environment of the sites where additional works are planned were thoroughly observed and available access and service roads, planned quarries, and assessment of probable impacts and outcomes of the project were discussed on the spot.

4. FINDINGS OF SITE VISIT

27. In preparation of this SSDDR the visit to all sub-project sites where additional works are envisaged, jointly with regional PIU manager, infrastructure engineer from PIU, representatives of sub-contractors, PIU and Eptisa environmental experts was done.

28. The main aim of the visits to additional sub-project sites was verification of potential land acquisition and resettlement impact resulting from the proposed detailed designs, including permanent and temporary impacts, impacts on residential, agricultural areas, livelihood and/or any economic activity/assets (including crops, trees etc.) in the area. The sections below contain the key findings of site observations of each visited sub-project in Kulob, Vanj and Darvoz districts.

29. As in previous SSDD reports dated December 2015 and December 2016, the sub- projects detailed below are grouped into the contract packages, as announced for bids. The findings of the site visits are presented only per sub-project that implies extension of works for additional sites.

4.1. Climate-proof water supply system in Vose and Kulob Districts

30. The subprojects in Kulob district comprise of construction and completion of works for bank protection structures on Kyzylsu and Yakhsu rivers, the restoration of riverbed in Dahana ravine with cleaning and partial restoration of a bank protection structure in Kulob district; Flood protection in upper reaches of Dahana ravine, Dahana jamoat, Kulob district, Oltovul, Chinor and Yokhsuchiyon villages; Flood protection of the Jerkala and Khojaishok villages, Ziraki jamoat, Kulob district.

4.1.1. K4 - Jerkala Flood Protection Subproject

31. Dahana river bank protection dike down the Jerkala bridge is aimed at protecting Jerkala and Khojaishoq villages from flood. This some 2.0km long structure has been 7

commissioned in 1971, of which 1.018km required rehabilitation. The dike comprises stone and earth mixture of local materials. As a result of the frequent floods and mudflows, the dike was completely destroyed in 8 sections with a total length of 1.018km, leaving the neighbouring villages at risk of flooding.

32. The physical works that are being implemented as part of the previous phase include: river bank reinforcement of both sides of the bridge over Dahana river in Jerkala village totalling 1,018m, cleaning of some 1.5km of the riverbed and erection of gabion wire mesh filled with stones. Materials for filling the gabion wire mesh structures have been produced directly from the riverbed. The main machinery that have been used is excavator with the 0.65m3 bucket capacity and tracks. The figure below shows reinforced river bank in Khojaishok village.

Figure 1: Reinforced river bank in Khojaishok village

33. According to PIU staff the additional works in Khojaishok village, basically include extension of river bank enforcement on the site 6 with a total length of L=124m. Similarly to previous phase of construction, the river bank will be reinforced by gabion wire mesh filled with stones that are derived right from the river.

Figure 2: Additional site for river bank enforcement in Khojaishok village

34. As it has been informed by PIU staff, similarly to previous phase of construction the civil works will be conducted within the boundaries of the riverbed and the machinery will be driven within the same existing access roads. Therefore, no impact is anticipated as a result of extension of works on any surrounding land, property or livelihoods.

4.2. Climate-proof irrigation and drainage infrastructure and flood protection works in Rushan, Darvoz, Vanj Districts

4.2.1. Construction and assembly works "Flood protection of Jorf village” (Viskharv gorge) Jamoat Vishkharv

35. The project site is located in the Viskharv gorge which is disaster prone area and subject to regular intensive flooding. The major part of the only road connecting the gorge with Vishkharv jamoat and Darvoz district was washed away due to flood. The secondary school № 11 in Viskharv gorge as well as residential houses located along the riverbed were also at risk of flooding. Therefore the main aim of the subproject is protection of the village, including the school, residential houses, agricultural land and the road from flooding via river bank rehabilitation and enforcement.

36. The subproject being implemented is a new 1,050 meters long flood protection structure/dike composing of stone and clay. The riverbed in Viskharv river has been cleaned and the excavated materials comprising rocks were filled along the bank to rise the dike. The rocks along the river bank are being reinforced by iron hawser. The below figure shows the river bank rehabilitated along the secondary school № 11 in Viskharv gorge.

Figure 3: River bank in Viskharv gorge protected by the subproject

37. As part of the extension of works in Viskharv gorge it is planned that upper part of river bank along the school will be also reinforced. According to detailed engineering design and consultation with PIU engineers the extension of works will be done on PK 0+00 and PK2 +56.

Figure 4: The scheme of extension of works under the School №11 in Viskharv gorge

38. According to PIU engineers, the rehabilitated river bank along the school will be supplemented by a retaining wall comprising of rubble stone and cement slurry of 200 brands. The total length of the additional site is L= 56m.

Figure 5: The site for extension of works under the School №11 in Viskharv gorge

39. The extension of works under this sub-project envisages manual works only, which is comprised of erecting the retaining wall by laying the stones. All the works will be conducted within the river bed and bank and thus not impacting any privately owned/used land or livelihood both permanently or temporarily.

4.2.2. Construction and assembly works of the Vahdat village, Vodkhud jamoat, Vanj district.

40. The Vahdat village in Vodkhud jamoat of Vanj district has been established back in 2010 as a new settlement area for the families affected by 2010 earthquake in Vanj district. Some 135 households, whose houses were completely destroyed, have been relocated to the village into the newly constructed houses. Around 65 households having their housings at risk of destruction were allocated land plots in the village2.

41. Vahdat village is 7 km away from the jamoat center and 17 km from the Vanj district center. The village is located in the flood, landslide and mudflow prone area, and protection embankments on the Vanjob river are destroyed at a distance of 1,200 meters. The 230 meters long irrigation water pipeline has been also destroyed in the same location.

42. The civil works under the subproject comprise of bank protection embankments No 1, picket PК0+00 to PК2+16 and No 2. PК0+00 to PК2+03, and embankment No 3. (PК0+00 to PК3+97) and pipe in PК0+00 to PК2+30. The construction works includes rehabilitation of the flood protection structure by assembling a rock-filled embankment with the 0.80-1.0m diameter rocks and filling the hollows with rock mass, sea-bond slope of the embankment 1:2, downstream slop 1:1.5 and the embankment of 6-7m in width and 1,147m long, as well as replacement of the destroyed irrigation water pipe of 250mm diameter and 230 meters long.

Figure 6: Bank protection measures in Vahdat village

2 Refer to Recovery Review Report of floods in Khuroson district and Northern Khatlon, and earthquake in Vanj district, UNDP, 2011 11

43. According to detailed engineering design and consultation with PIU engineers the extensions of works in Vahdat village are envisaged on both sides of the Vanjob river. Downstream of Vanjob river on the site 1, bank protection works will be done between PK 0+00 and PK0 +87. The construction work will include mound of large stones on the length of L= 87m. The work on this site mainly involves mechanized operation with little manual work.

Figure 7: The scheme of site 1 in Vahdat village

44. The extension of works on site 2 in Vahdat village will be done on the other side of the Vanjob river between PK 0+00 and PK2 +24. The total length of the bank protection area is L= 224m. The bank protection on the site 2 will comprise of erecting gabion boxes of 2,0x1,0x0,5m size filled with quarry stone gravel sand mixture. The construction work on this site will include manual works in preparation of gabion boxes and mechanized work for layout of the land and loading the construction materials.

Figure 8: The scheme of site 2 in Vahdat village

45. As informed by PIU staff, the extension of works in Vahdat village is mainly aimed at protection of the water pipeline, adjacent agricultural lands and several household plots. As per discussion with local resident, consultation with regional PIU manager and onsite observation the extension of works will protect the water pipeline, several residential houses with HH plots, about 17 ha of agricultural land, as well as a private café, petrol station and the shop.

Figure 9: Site 1 and 2 on the banks of Vanjob river in Vahdat village

46. According to PIU team the access roads as well as approaches that have been used in the previous implementation phase will be applied in the extension of works on sites 1 and 2 of Vahdat village. Therefore the construction works will be confined to the existing right of ways with no land acquisition and resettlement (LAR) impact.

5. PUBLIC CONSULTATIONS AND DISCLOSURE

47. The Public Consultations have been conducted in all the districts, where the extension of works on the sub-projects additional sites is to be implemented. The Public Consultations were held on November 29, 2016 in Kulob district and December 12 through 14, 2016 in Darvoz and Vanj districts.

48. In total 24 persons were consulted through formal and informal gatherings in the jamoat offices, PIU offices, or right on the field. The public consultations involved wide range of stakeholders, local authorities and other relevant staff at the jamoats, community leaders and residents from concerned communities, sub-contractors representatives, school teachers, regional PIU team including manager, and infrastructure engineers, PIU and Eptisa Environmental specialists.

49. The public consultations were aimed at discussion of planned extension of works on the sub-projects, observation of identified additional sites and investigation of potential impacts, whether permanent and temporary on various groups under the given planned activities. Since the extension of works and additional sites are contiguous to the approved 13

sub-projects where the implementation of the work is being conducted, most of the stakeholders met are well aware of the conditions as well as of the approaches pertaining to the additional planned works. In all the districts, the main points of inquiry and discussions were local authorities and people opinion on implemented works, time for commencement of extension of works, GRM, etc.

50. In Kulob district, the local residents expressed their gratitude on the implemented works. They asked to foster the start of construction on new sites as in the spring the level of water in the river will increase. PIU manager informed the locals that the commencement of new implementation will require passing a number of preparation procedures but they will be informed well in advance before starting the construction works. The secretary of Ziraki jamoat in Kulob, was inquiring about the extension works and reminded the regional PIU team that to avoid local people from being deprived of water, during the construction the water intake structures to agricultural lands should not be closed. In response, the regional PIU manager have informed that those measure are already considered in the implementation plan and the sub-contractors are also informed. It has been ensured that PIU team will make a strict control of the extension works on the sites.

Figures 10: Public consultations in Kulob and Vanj districts

51. The local stakeholders in Vahdat village in Vanj district were updated about the planned extension works. The local resident from Vahdat village expressed his appreciation of planned works as this will help to protect a number of HHs located nearby Vanjob river as well agricultural land and several private facilities like shop, café and petrol station. Also, he was curious on the time of commencing the construction works. In response, he was informed that the extension of works should start before the level of water in the rivers increases. During the meeting with local staff at Vodkhud jamoat of Vanj district the planned extension works have been discussed. The jamoat accountant informed that so far no any complaints regarding the implementation of works has been observed. On contrary, the locals are very happy of project as the risk of flooding their lands and property is essentially reduced. The jamoat staff noted that besides occasional communications with project staff, the PIU manager at least twice a month visits the jamoat for updating on the activities and planned works.

Figures 11: Public consultations in Vanj and Darvoz districts

52. In Viskharv gorge the meeting with community leaders, local teachers and residents took place right on the project site. According to director of the school and the village head, local people are very happy on conducted works. During construction, there was no any disturbance on people’s property or on the surrounding environment. On contrary, the residents informed that in addition to planned works, the sub-contractors helped the community in opening the water ways that were previously blocked, shared construction materials like cement for repairing the school walls, as well as widened the local access road as such improving the passability to the gorge. The local people were inquiring about the time of starting the extension works on reinforcing the school walls. They were informed that preliminarily the extension of works is planned after January 2017; yet, they will be informed in advance once the exact dates of construction are clarified. As for the meeting in Viskharv jamoat the secretary informed that no complaints regarding the conducted works has been recorded. They were pleased, that local PIU team pays regular visits for sharing information on conducted as well as planned activities.

53. Following this discussions the construction company representatives in all the districts were recalled about the measures to avoid and or minimise any disturbance whether on people or on their properties and were reminded to keep close contact and information sharing on any unexpected disturbance with PIU staff, jamoat representatives, the village leaders and the concerned population. As in the previous activities the information on any potential disturbance should be shared via PIU contact persons, jamoats representatives and the leaders of mahallas.

6. DUE DILIGENCE ON LAND ACQUISITION AND RESETTLEMENT

54. This due diligence was prepared following detailed review of relevant project documentation (ADB policy frameworks, reports and engineering drawings), consultations with engineering team and project staff (monitoring expert and ecologist) on central office and on the field, discussions with stakeholders including local authorities, community leaders, school teachers and local residents, construction company staff, as well as sub-project sites observation on the ground. The main focus of this due diligence was on envisaged extension of works on the sub-projects additional sites, following ADB mission to Kulob, Vanj and Darvoz districts through October 12 to 21 2016. 15

6.1. Land Acquisition

55. The extension of works within the additional sites in Kulob, Vanj and Darvoz districts basically embrace the continuation of similar works on rehabilitation of the damaged infrastructure like river banks, with some new constructions located in the river beds. Similarly to former implementation the civil works will be conducted within the existing land boundaries and right of way and utilizing the same access and service roads.

56. As the major part of river bank rehabilitation and enforcement includes cleaning the riverbeds and erecting embankments, in most of the cases the subprojects are using local materials, coming from the riverbeds on the subproject sites. As it has been informed the work on additional sites will be based on similar approach with no or limited materials used from outside. Thus, usage of quarries and borrow pit as part of the civil works is minimized. Yet, whenever quarries are required the contractor will keep adherence in using existing and functional sites and entities for such purposes, where possible.

6.2. Involuntary Resettlement

57. No private land acquisition or involuntary resettlement impact is expected as part of the extension of works on the sub-projects additional sites. As in the previous implementation phase the works on the additional sites subsume usage of unused barren lands for the laydown areas as such avoiding land acquisition or involuntary resettlement impact.

58. The absolute majority of the population in the project areas is comprised of Tajiks with minor representation of Uzbeks, and other ethnic groups. Regardless of nationality or ethnic group affiliation, equal rights, benefits and opportunities to all citizens are guaranteed by the Constitution of the country. There is no separate distinction of the ethnic minorities’ whether socially or culturally as such giving equal rights and opportunities for all the citizens in the country. In this regard, ADB Indigenous Peoples Safeguards will not be triggered in the given case.

7. ENVIRONMENTAL DUE DILIGENCE

59. A Due Diligence report is concurrently being prepared for the extension of the works in the sub-projects in Kulob, Vanj and Darvoz. The draft of this report was reviewed and discussed with the colleague preparing the report.

60. During the given due diligence in project sites in Kulob, Vanj and Darvoz districts the environmental issues have been discussed and observed. Based on discussion with local stakeholders it has been found that so far no any damages or complains on surrounding environment have been received or observed. According to Ecologist from environmental protection department of Vanj district during the previous works a transportation of machinery caused appearance of extra dust on the roads which was immediately eliminated by the sub- contractors upon their request. 16

61. The additional work is extension of works already designed and under implementation, and no new environmental issues associated with the extension of the works has been identified beyond the issues already highlighted in the original PPTA documentation and discussed within the Initial Environmental Evaluation and already being addressed through the Environment Management Plan for Kulob, Vanj and Darvoz areas developed by the Project Consultants in 2015. The potential environmental impacts include:

- Disturbance to the river embankment and river bed during removal of old protection materials, and excavation for new materials for building the flood embankments - Disposal of waste materials - Potential dust, noise, spillage and accidents during construction activities - Maintaining integrity of the existing flood protection systems during the reconstruction process

62. Site specific Environmental Management Plans have been developed and are being implemented under the existing construction contracts on-going in these areas, and addressing all environmental issues identified within the additional works.

63. Site-specific EMPs will be prepared (on similar lines) for the additional works.

64. Whereas neither land acquisition nor involuntary resettlement is expected under the extension of works on the sub-projects additional sites, the temporary disturbance caused by the civil works might still happen. In previous SSDDR report dated December 2015, it has been noted that temporary disturbance might occur during excavation works at cleaning canals/riverbeds, transporting construction materials through the populated areas and/or mobilizing heavy machinery and equipment to the construction sites where relevant, limited access to the agricultural land plots in the neighbourhood of the construction sites, etc. While no complaints since then have been recorded and no damage to private land and property observed, still consideration of measures to minimise possible temporary disturbance are to be considered.

65. Thus far, the construction works were confined to the existing right of ways and had no or minimum disturbance and the planned new activities will be keeping the same approaches. However, to mitigate the minimum potential disturbances on the additional sites, the following discussions were done to reduce the impacts.

- The contractors as well as the representatives of jamoat were reminded to inform all residents, local households and traders about the nature and duration of work on the additional sites though jamoats and mahalla heads;

- It was noted that in case of temporary disturbance of access roads the contractors have to provide temporary accesses across trenches for pedestrians and metal sheets where vehicle access is required;

- Also, where appropriate, on the stretches which cause disturbance, increasing the workforce and using appropriate equipment, was recommended to complete the work in a minimum timeframe;

- While no water (both drinking and irrigation) disruption is planned as part of the planned works, the contractors were reminded that if this happens, people should be informed well in advance through jamoats and mahalla heads, and provided with alternative source of water for the duration of disruption.

66. Though no intention for using any additional land on a temporary basis was shown, the contractors were reminded that if this happens, the contractor, through EAs, shall promptly inform ADB of the occurrence of such risks or impacts, with detailed description of the event and the rent shall be agreed between the contractor based on mutually agreed terms and conditions and the land owner (owner of land use rights) based on the loss of revenue by the land owner/ secondary land user/tenant during the period of its use by the contractor. All the affected land and/or attachments on the land should be restored to its pre- project condition

8. GRIEVANCE REDRESS MECHANISM

67. While land acquisition and resettlement impact is not anticipated as a result of the extension of works, the additional sites might still be subject to adverse effect due to construction works. Since last SSDDR dated December 2015 no complains or adverse impacts have been recorded in the visited sites. Yet, potential damages or losses caused by direct physical impact of the contractor’s equipment, vibration, contractor’s or employer’s design, or by other activities pertaining to the construction should be thoroughly thought.

68. In order to address potential disagreements and concerns of the concerned local population in accordance with ADB Policy Requirements and Law of the RT “On citizen’s appeal”, a transparent Grievance Redress Mechanism (GRM) has been established. The issues of establishing GRM and the procedures of submitting written or verbal complaints and grievances were debriefed with stakeholders at the jamoats during the current visit.

69. The potential complaints and grievances in case of any unexpected adverse impact on the local people and communities properties may be addressed through the established GRM available throughout the duration of the project. The established GRM can be applied to address both environmental and resettlement issues pertaining to the given project.

The steps and actions below describe the process of receiving and addressing the complaints and grievances within this project:

(i) Step 1: Complaints will be lodged at the jamoat level, where all the relevant representatives (land and environmental specialists, deputy jamoat chairperson, responsible for gender policy, Jamoat Resource Center representatives), representatives of the affected households and EA/PIU, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee (GRC), and the receipt of the complaint given to the affected person. The period for resolution of complaints is 14 calendar days the latest. (ii) Step 2: If the complaint cannot be addressed at jamoat level, affected person can apply to the district level GRC for a solution, with assistance from GRC as 18

needed. The district level committee should invite ALRI/PIU representative once they registered the complaint. Similar to jamoat level, district level committee will register and file all the complaints from the complainants. The period for resolution of a complaint is 16 calendar days. (iii) Step 3: If no solution is reached within 16 days, the affected person can submit her/his case to the appropriate court of law, with all costs paid for by the project.

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

71. Grievance Redress Committee (GRC) will be established at the relevant jamoat level in each relevant district to resolve complaints and grievances informally through community participation. The jamoat GRC will consist of representatives of the ALRI, PIU, local hukumat, local WUA members, women WUA members, and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The majority of members will make the GRC decisions. To increase the transparency of grievance and redressed process, any complaint received by the GRC will be publicly notified in the jamoat information board for its status and solutions. If the complainants are not satisfied with the GRC decisions, they appeal their cases to the next level of the GRM system at the District level and to court. Jamoat and District level GRC will be established by an office order of ALRI and the decree of the district/Hukumat Chairperson.

Table 2 outlines a summary of the grievance resolution process.

Table 2: Summary of Grievance Procedure

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

Source: ALRI.

72. As per discussions in each jamoat, up to now there have been no complains or grievances expressed or recorded regarding implementation works on the project sites. According to jamoat staff they have their GRM log book and also received from the PIU 19

additional formats on GRM registration and sample applications for addressing the potential disagreement and concerns. The sample log book with petitions records on other affairs within the jamoat have been demonstrated which is provided in the figures below.

Figure 12: Sample of exiting logbooks for registration of grievances and complains from Ziraki jamoat, Kulob district

73. Whereas all the visited districts did not face any complains and grievances regarding the project implementation, the jamoats staff were reminded that serious attention to any potential disagreements and concerns of local residents should be paid. It was recapped that close cooperation with concerned residents is the key to success in solving any disagreements and concerns. The PIU staff shared with all the jamoats the sample formats of grievances registration and application forms. Also pamphlet containing information on the project and specifically detailed GRM description was handed to jamoats for their information and references.

9. CONCLUSION AND RECOMMENDATIONS 74. The current due diligence of sub-projects which envisage extension of additional works in Kulob, Vanj and Darvoz districts is based on review of detailed engineering design drawings, field visits to the subproject sites in all the locations, as well as consultation with the engineering team, the PIU central and field level offices, environmental specialists and also the relevant stakeholders of the concerned sub-projects.

75. According to current due diligence neither land acquisition nor involuntary resettlement is needed within described sub-projects which envisage extension of additional works in Kulob, Vanj and Darvoz districts. In line with previous implementation phase, the extension of works on rehabilitation/construction of the sub-project sites will occur within the 20

existing right of way and/or on the state land reserve land, thus not require acquisition of any privately owned/used land.

76. Despite the fact that, during previous sub-projects in the given areas, the construction works did not cause any essential harm, to avoid any potential temporary disturbance caused by new planned activities, the sub-contractors were reminded about ADB SPS requirements as well as relevant national legal framework.

77. So far, the construction works have been confined to the existing right of ways and had no or minimum disturbance. It was ensured, that in new construction works similar tactics within same borderlines will be applied. Yet, to avoid or reduce the potential minimum impact of extension of works on the additional sites the stakeholders were reminded on the following issues:

- The contractors as well as the representatives of jamoat were reminded to inform (through jamoats and mahalla heads) all residents, local households and traders well in advance before starting of construction works, about the nature and duration of work on the additional sites;

- Also, where appropriate, on the stretches which cause disturbance, increasing the workforce and using appropriate equipment, was recommended to complete the work in a minimum timeframe;

- While no water (both drinking and irrigation) disruption is planned as part of the planned works, the contractors were reminded that, if this happens, people should be informed well in advance through jamoats and mahalla heads, and provided with alternative source of water for the duration of disruption.

- Though no need for using any additional land on a temporary basis was shown, the contractors were also reminded that, if this happens, the contractor, through EAs, shall promptly inform ADB of the occurrence of such risks or impacts, with detailed description of the event and the rent shall be agreed between the contractor and the land owner (owner of land use rights) upon mutually agreed terms and conditions and based on the loss of revenue by the land owner/ secondary land user/tenant during the period of its use by the contractor.

78. Following the completion of works, the land that was subject to temporarily use must be restored to its pre-project condition and returned to the owner/user with mutual settlement based on the agreement for the following items, if applicable:

i. Loss of annual crop production ii. Potential crop yield reduction for three years iii. Loss of any trees or perennial crops iv. Loss of use of grazing land v. Loss of immovable assets and land attachments. 21

79. It has been reminded that one of the conditions for release of final payment to the civil works contractors is the submission of proof that all temporarily used lands have been fully restored to their pre-project conditions and that there are no pending compensation issues related to the temporary use of land.

80. All necessary steps should be taken during construction to avoid temporary impacts like loss of access leading to impact on livelihoods or any other kinds of restrictions, as cited above. The Consultant’s Resettlement team will closely monitor the implementation stage and help PIU to ensure compliance with the ADB social safeguard requirements as well as the national legislation. The PIU Monitoring and Evaluation unit will conduct regular internal monitoring and the outcomes will be reflected in the progress reports to be submitted to ADB.

81. Any grievances by local people will be addressed through the GRM established under the project and applied to both environmental and social safeguards. This has been established by PIU in parallel with contract award process.

82. If during implementation any unanticipated impacts or additional impacts are identified, ALRI/PIU will prepare a LARP in accordance with the Land Acquisition and Resettlement Framework (LARF) and ADB Safeguard Policy Statement 2009 as well as relevant national legislation. Until such planning documents are formulated, disclosed and approved (by ADB) PIU will not proceed with implementing the specific subprojects for which involuntary resettlement impacts are identified 22

Annex 1.List of persons met

№ Name Position/Organization

1. Sodikov Jamolkhon Regional PIU manager, Kulob and Vose districts

Engineer of infrastructure PIU, Kulob and Vose 2. Aliev Talbak districts

Bekov Jamollidin Engineer consultant of Eptisa, Kulob and Vose 3. districts

4. Hakimov Jamshed Secretary of Ziraki Jamoat, Kulob district

Pensioner, resident of Khodjaisog village, Ziraki 5. Khidirov Nurali Jamoat, Kulob district

Water and canalization supervisor of Kulob city, 6. Kholov Murodali resident of Khodjaisog village, Ziraki Jamoat, Kulob district

Pensioner, resident of Khodjaisog village, Ziraki 7. Zoghov Domullo Jamoat, Kulob district

Pensioner, resident of Khodjaisog village, Ziraki 8. Abdulloev Rahmatullo Jamoat, Kulob district

Regional PIU manager, Darvoz, Vanj and Rushon 9. Dodov Imomahmad districts

Regional PIU administrator, Darvoz, Vanj and Rushon 10. Chavkalov Abdullo districts

Infrastructure engineer PIU, Darvoz, Vanj and Rushon 11. Odinaev Nurridin districts

Head of environmental protection department of Vanj 12. Munnavarov Farosat district

13. Bahodurov Abdullo Jamoat Accountant, Vodkhud jamoat, Vanj District

Bandaykhudoev Specialist on streamlining traditions, celebrations and 14. Khudogu ceremonies, Vodkhud jamoat, Vanj District

Head of Village Organization of Viskharv, Viskharv 15. Davlatov Ahtam jamoat, Darvoz district

Director of the Secondary School № 11, Viskharv 16. Safarov Saidahmad village, Viskharv jamoat, Darvoz district 23

Teacher of the Secondary School № 11, Viskharv 17. Usmonov Iskandar village, Viskharv jamoat, Darvoz district

Pensioner, resident of Viskharv village, Viskharv 18. Nazirov Saidali jamoat, Darvoz district

19. Jalilova Sofiya Secretary of Viskharv jamoat, Darvoz district

20. Iskandarov Jovid Head of construction company OJSC “Jovid”

Resident of Vahdat village, Vodkhud jamoat, Vanj 21. Kanoatshoev Ulfatsho district

22. Bahodurov Abdullo Accountant of Vodkhud jamoat, Vanj district

23. Buzrukov Yousuf PIU environmental expert

24. Juraev Abdusalim Eptisa, environmental consultant