Bi-Annual Social Monitoring Report
December 2012
KAZ: CAREC Transport Corridor I (Zhambyl Oblast Section) Investment Program-Tranche 2
Prepared by DOHWA Engineering Co. Ltd. for the Ministry of Transport and Communications of the Republic of Kazakhstan and the Asian Development Bank.
Bi‐annual Social Monitoring Report December 2012
Bi-Annual Social Monitoring Report
(July-December 2012)
Internal Land Acquisition and Resettlement Monitoring Report Decembber 2012
KAZ: Multitranche Financing Facility CAREC Transport Corridor I (Zhambyl Oblast Section) [Western Europe–Western China International Transit Corridor] Investment Program – Project 2
Tranche 2 (LOAN 2562-KAZ)
Prepared by DOHWA Engineering Co. Ltd. . for the Ministry of Transport and Communications of the Republic of Kazakhstan and the Asian Development Bank.
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Bi‐annual Social Monitoring Report December 2012
This social monitoring 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.
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REPUBLIC OF КАZАКНSТАN
MINISTRY OF TRANSPORT and COMMUNICATION
LOAN NUMBER 2562 - АDВ
WESTERN EUROPE - WESTEN CHINA INTERNATIONAL TRANSPORT CORRIDOR
TRANCHE TWO - TARAZ - KORDAУ SECTION IN ZHAMBYL OBLAST
.
REVIEW OF IMPLEMENTATION OF LAND ACQUISITION AND RESETTLEMENT PLAN
TRANCHE TWO
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CURRENCY EQUIVALENTS
(As of November 2012)
Currency unit – Kazakhstan Tenge (KZT)
$1.00 = KZT 150
ACRONYMS & ABBREVIATIONS
ADB Asian Development Bank AIDS Acquired Immune Deficiency Syndrome APs Affected Persons CAREC Central Asia Regional Economic Cooperation CoR Committee of Roads EA Environmental Assessment EMA External Monitoring Agency FS Feasibility Study GosNPTsZem Zhambyl Land State Scientific and Production Center for Land Management
IFIs International Financial Institutions LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LARU Land Acquisition and Resettlement Unit LE Legal Entity LLP Limited Liability Partnership MFF Multi-Tranche Financing Facility MIS Management Information System MOTC Ministry of Transportation and Communication
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PFR Periodic Financing Request PMC Project Management Consultants RCM Road Construction Material RD Roads Department RK Republic of Kazakhstan ROW Right of Way TSA Targeted Social Assistance TSL Top Soil Layer
WEIGHTS AND MEASURES 1ha (Hectare) = 10000sq.m (square meter)
1 km (kilometer) = 1000 m (Meter)
1 Metric Ton = 1000 kg (kilogram)
NOTE
In this report $ refers to US Dollar
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DEFINITION OF SELECTED TERMS Compensation: Payment made in cash or kind to the project affected persons/households at replacement cost for the assets acquired for the project, which includes the compensation provided under the Land Code of the Republic of Kazakhstan (RK Code No. 442-II of 20 June 2003 and amended on 6 July 2007, Article 87.1 that refers stipulated in the Land Acquisition and Resettlement Plan (LARP). Cut-off Dates: These are the dates on which censuses of the project affected persons and their assets to be affected are commenced in a particular area. Assets like houses/structures and others which are created after the cut-off dates, and the persons or groups claiming to be affected, become ineligible for compensation and assistance. This is defined as the date of approval of the Feasibility Study by the Government of Kazakhstan for upgrading the West Europe - West China Transit Corridor on 31st March 2008.
Entitlement: Refers to mitigation measures, which includes cash payments at replacement cost or through replacement land equal in value/productivity to the plot lost and at location acceptable to APs where feasible as stipulated in the LARP. Entitlements include compensation for structure (permanent & temporary), crops, trees, business, wage, etc. (allowing the project affected persons to keep felled trees, salvageable building materials, etc.), for which compensation is already paid. Household: A household is a group of persons who commonly live together with common incomes and take their meals from a common kitchen. Income Restoration: Refers to re-building the capacity of the project affected households to re-establish income sources at least to restore their living standards to the pre-acquisition levels. Indigenous Peoples: Indigenous Peoples are those who are identified in particular geographic areas based on these four characteristics: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. Involuntary Resettlement: The situation arises where the State’s power of eminent domain requires people to acquiesce their rights to personal properties and re-build their lives and livelihood in the same or new locations. Legal Entity: Legally registered enterprise established by two or several individuals or companies vested with its separate property, rights and liability such as a limited liability partnership (LLP), and joint stock company (JSC). It also includes former Soviet collective farms that were privatized into collective enterprises, and production cooperatives.
NGO: Non-Government Organizations (NGO) are private voluntary organizations registered in Kazakhstan Government. There are about 2930 NGOs working in Kazakhstan performing activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development, etc.
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Participation/Consultation: Defined as a continuous two-way communication process consisting of: ‘feed-forward’ the information on the project’s goals, objectives, scope and social impact implications to the project beneficiaries, and their ‘feed-back’ on these issues (and more) to the policymakers and project designers. In addition to seeking feedback on project specific issues, the participatory planning approach also serves these objectives in all development projects: public relations, information dissemination and conflict resolution. Physical Cultural Resources: Defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices. Their cultural interest may be at the local, provincial or national level, or within the international community. Project-Affected Person/Household/Legal Entities: Persons/households/Legal Entities whose livelihood and living standards are adversely affected by acquisition of lands, houses, and other assets, loss of income sources and the like, due to undertaking of the project. Rehabilitation: Refers to improving the living standards or at least re-establishing the previous living standards, which may include re-building the income earning capacity, physical relocation, rebuilding the social support and economic networks. Relocation: Moving the project-affected households/Legal Entities to new locations and providing them with housing, water supply and sanitation facilities, lands, schools, and other social and health care infrastructure, depending on locations and scale of relocation. Replacement Cost: The Asian Development Bank’s Safeguard Policy Statement (SPS 2009) describes “replacement cost” as the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets is not taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Severely Affected Households: As per SPS 2009 households/entities losing more than 10% of his/her income/ productive assets called severely affected Squatter: Household or person occupying public lands without legal arrangements with the Government of Kazakhstan or any of its concerned agencies is a squatter to the lands. Stakeholder: Refers to recognizable persons, and formal and informal groups who have direct and indirect stakes in the project, such as affected persons/households, shop owners, traders in roadside markets, squatters, community-based and civil society organizations.
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State Land: State lands are public lands those are not recorded in the name of any private citizen/entity of the country. Local Regional Akim in a respective region is the custodian of all state lands in a district. Vulnerable Household: Households with an average per capita income below poverty line (defined as 40% of the subsistence minimum) are considered vulnerable and are entitle to get the Targeted Social Assistance (TSA) from the Government.
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TABLE OF CONTENTS
ACRONYMS & ABBREVIATIONS…………………………………………………………………………………………………..3 DEFINITION OF SELECTED TERMS…………………………………………………………………………………………….5 1: INTRODUCTIONAND BACKGROUND……………………………………………………………………………………………….10 1.1 Introduction…………………………………………………………………………………………………………………………10 1.2 Project Background………………………………………………………………………………………………………………10 1.3 Project Location……………………………………………………………………………………………………………………11 1.4 Physical progress of project activities…………………………………………………………………………………..12 1.5 Reporting Period…………………………………………………………………………………………………………………..12 2: COMPENSATION PAYMENT FOR Land Acquisition And Resettlement……………………………………….……13 2.1 Process of land Acquisition…………………………………………………………………………………………………..13 2.2 Summary Impacts of the project……………………………………………………………………………………13 2.3 Status of Land Acquisition……………………………………………………………………………………………………14 2.4 Other impacts……………………………………………………………………………………………………………………..20 3. MONITORING DATA COLLECTION…………………………………………………………………………………….…………….21 3.1 Scope of Monitoring…………………………………………………………………………………………………………….22 3.2 Methodologies adopted during monitoring…………………………………………………………………….22 3.3 Monitoring indicators as per LARP……………………………………………………………………………………….22 3.4 Effectiveness of Resettlement Planning………………………………………………………………………………..24 3.5 People’s complaints……………………………………………………………………………………………………………..25 4. REDRESS OF GRIEVANCES……………………………………………………………………………………………………………..25 4.1 Grievance Redress Mechanism …………………………………………………………………………………..……….25 4.2 Observation on grievance resolution ……………………………………………………………………………..……26 5. HEALTH AND SAFETY …………………………………………………………………………….…………….………………………..29 5.1 HIV/AIDS Awareness Program………………………………………………………………………………………..…….29 5.2 Personal Health and Safety…………………………………………………………………………………………………..29 5.3 Accidents occurred in the project ……………………………………………………………………………….……….31 6. CONCLUSION AND RECOMMENDATION …………………………………………………………………………….…………32 6.1 Conclusion…………………………………………………………………………………………………………………………..32 6.2 Recommendation………………………………………………………………………………………………………………..32
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TABLES
Table 1,1: Progress of physical work of the project.……………………………………………….12 Table 2.1: Summary Impact of LARP-I & II…………………………………………………………14 Table 2.2: Loss of land by category in two LARPs.……………………….……………………….15 Table 2.3: Temporary Land Acquisition for road section 358+600-389+400..………………….16 Table 2.4: List of owners with land parcels including additional land acquisition……………………………………………………………………………………………....18 Table 3.1: LARP Implementation Monitoring Indicators…..………..…..……………………..…..23 Table 4.1: Steps of redressing grievances ……………………………………………………….....25 Table 4.2: LARP wise number of grievances received and resolved …………………………....26
FIGURES
Figure-1.1: Location Map of the project ……………….……………………………………………11 Figure-4.1: Village wise grievances ………...…………….………………………………………..27 Figure-4.2: Category wise number of grievances ……..…...……………………………………...38
Annexes
Annex I Monitoring checklist ………………………………………………………………………..34
Annex II Summary report on grievance resolution ………………………………………………..38
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1: INTRODUCTION AND BACKGROUND
1.1 Introduction
This Bi-annual Social Monitoring Report is prepared for Tranche-2 (km 305- km389+400 road section) of the Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 1 (Zhambyl Oblast section) of Western Europe-Western China International Transit Corridor Investment Program (ADB Loan 2562-KAZ). Ministry of Transport and Communications (MOTC) is the executing agency of this project, and the Committee of Roads under MOTC is the implementing agency, with the Zhambyl Oblast Committee of Roads being the implementing unit for the Tranche 2 loan. This is the 5th monitoring repot covering progress achieved in July-December 2012 and cumulative progress up to December 2012.
There are two Land Acquisition and Resettlement Plans (LARP) in this project; one for road section 305-331 and another for the road section 331-389+400. The Zhambyl Oblast Department of Roads is directly implementing the LARPs. No implementing NGO or consulting firm is engaged to assist them in implementation process.
This report reflects status of land acquisition, resettlement payment, relocation of the affected households and other entities, wage laborers, grievance mechanism and outcome as prescribed in the updated Land Acquisition and Resettlement Plans (LARPs) final version that was prepared and issued in March 2011 by the Ministry of Transport and Communications, Republic of Kazakhstan.
1.2 Project Background
The Asian development Bank (ADB) is financing an amount of $ 700 million for implementing the Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 1 Program. The program includes rehabilitation, improvement or construction of several road section of the Western Europe- Western China Transit Corridor and is financed through a Multi-tranche Financial Facility (MFF) divided in several Tranches (Projects). Tranche-2 is one of them and it covers rehabilitation of road section km 310+500-km 389+400 (kulan-Merke and Merke- Blagoveschenka) which is monitored by DOHWA Engineering Co. Ltd. Displaced persons (DPs) of this project were initially identified during detailed design stage and accordingly LARP was prepared in December 2009 and was duly approved by Zhambyl Oblast Road Department. Due to border adjustment between Kyrgyz Republic and Kazakhstan, the road alignment was shifted from 200 to 250 meter towards north from the km 305+000 to 331+000. This is to be mentioned that the road section km 305+000 to km 310+500 is under Tranche 4. The revision of the road alignment was done in July 2010 which resulted inclusion of some new DPs and changes impacts on the DPs enlisted in old alignment. A revaluation of the affected land under revised alignment was conducted by a valuation company named DALER in August-September 2010 and a supplemental socioeconomic survey was carried out in January 2011 for this particular changed alignment portion and updated/finalized 2 Land Acquisition and Resettlement Plans (LAPRs); one for changed section (km305-km331) and another for unchanged section (km331-km389+400). Valuation of the land was conducted on the changed section and updated the unit rate of land per hectare. These updated LARPs include: i) updated number of affected & vulnerable households and cost of relative allowances; ii.) updated information on affected workers and businesses displacement and costs for their compensation; iii.) revised count and re-valuation of affected assets; iv) results of consultations and discussions with the APs of the project location.; and v) updated overall costs. The revised LARP is now under implementation and this monitoring report reflects on these LARPs.
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1.3 Project Location
The Project road is located in Merke Region of Zhambyl Oblast under Trannche-2 road section km 3100+500-km 389+400 (kulan-Merke and Merke-Blagoveschenka. The project road is divided into two parts such as km 310+500- 358+600 and km 358+600-km 389+400. The project road passes through the transient zone between the foothills and steppes of the Alatau Mountains that border Kazakhstan and Kyrgyzstan. The road traverses vegetated drainage channels that flow intermittently during infrequent periods of heavy rainfall (isolated storms). Most of the road is bordered by flat / slightly undulating ground that has light to moderate grass cover or cropped land. Location of the Project road in terms of contracts is shown in
.
Figure1.0: Location Map of the Project
Reporting Section
Contract 004– Km 310+500- km358+600 (Contractor- Korean Construccttion Company- KCC)
Contract 005– km 358+600-km 389+400 (Contractor- Kazakhdorstroy LLP)
The project civil works commenced in 17 September 2010 and is scheduled to be completed by June 2013 in road section Km 310+500- km358+600 and in April 2013 at road section km358+600-km389+400.
This social monitoring report reflects on the status of LARPs implementattion, health and safety issues including HIV/AIDS awareness program among the construction workers, accidents occurred in the project and measures taken, etc.
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1.4 Physical progress of project activities
The KCC Engineering and Construction Company Limited (KCC) and Kazakhdorstroy LLP (The Contractors) were awarded to construct the road, bridges and box culverts of the project. The physical works of the project was commenced on April 17, 2010 in all sections (km 310+500- km 389+400) under both the contracts of KCC and Kazakhdorstroy. Summary physical progress of the project as of November 2012 according to the contractors monthly progress report is presented in table 1.1-
Table 1.1: Progress of physical work of the project
Description of works Unit Work Progress of KCC E&C (km Work Progress of Kazakh- 310+500-km358+600) dorstroy (km358+600- km 389+400) Design/ Completed Progress Design/ Completed Progress Target in % Target in % Removal of topsoil M3 441,430 441,430 100% 153,970 153,970 100% Compaction of filled- M3 3,350,040 3,326,540 99% 1,951,650 1,951,650 100% in embankment Granular Sub-base M3 715,660 576,550 81% 499,231 499,231 100% Crushed Stone Road Km 96.20 92.00 96% 61.20 61.20 100% Base with 7% cement Cement Concrete Km 96.20 74.41 77% 61.20 61.20 100% Pavement Bridge Construction No. 2.00 1.98 99% 3.00 3.00 100% Interchange Bridge No. 1.00 0.99 99% 1.00 1.00 100% Pipe Culvert M 1,158 1,158 100% 1289 1159 99% Box Culvert M 376 376 100% 389 389 100% Bus Pavilion No. 4.00 0 0% 11 11 100% Source: Contractors’ monthly progress report, November 2012
1.5 Reporting Period
The LARP implementation was started in 2010 and in the mean time all of the affected persons (APs) have been paid compensation for their lost assets except some few cases where civil suits pending in court record of righs are not updated. According to the ADB requirements semiannual report on progress of LARP implementation and compliance of social issues would be submitted to the ADB and the client. The Construction Supervision Consultants (DOHWA Engineering Co. Ltd) has been performing since December 2010. Some periodic reports such as monthly progress reports, quarterly progress reports, Bi-annual reports, etc. have been submitted to the client and the ADB by DOHWA those covered all of the components including safeguard issues. This is the 5th report especially prepared on social safeguard issues focusing on the progress of implementation of the Land Acquisition and Resettlement Plan covering period from July 2012 to December 2012. Cumulative progress of the LARP implementation up to December 2012 is also discussed in this document.
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2: COMPENSATION PAYMENT FOR LAND ACQUISITION AND RESETTLEMENT
2.1 Process of land Acquisition
After the disintegration of Soviet Union, all land in Kazakhstan came under the state ownership. Kazakhstan laws and regulations regarding land and land ownership are derived from the Constitution, which states that land (surface and underground) is owned by the State, but can also be privately-owned (Article 6.3). Article 26.3 also states that no one may be deprived of property unless stipulated by a court decision. Forcible expropriation of property for public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation
2.2 Summary Impacts of the project
According to the LARP-I, the categories of losses are identified as follows:
1. Land acquisition (both private, leased and state owned) 2. Land requisition (both private and state owned) 3. Annual crops
There was no physical relocation of the households. Business unit or tenant contact farming were also not found in the project right of way under LARP-I. Compensation for acquired and requisitioned land rehabilitation measures such as cash compensation for severely affected and vulnerable families have been measured.
According to the LARP-II, the following categories of impacts were identified-
1. Land acquisition (both private and state owned ) 2. Structure-building 3. Business 4. Annual crops 5. Trees on private land 6. Employees of shop and agricultural farm
The impacts of the project on Land Acquisition and Resettlement under LARP I & II are summarized in table 2.1. It is found that under LARP I, a total of 157 persons were found affected while under LARP II it is 496 population. Total land acquired under LARP-I is 278.62 ha of which 115.50 ha (Private 62.98 & Legal Entities 52.52) was original acquisition and 129.15 additional land acquisition and 33.97 ha state-owned land, while under LARP-II it is 110.256 ha (Private 45.6157 & Legal Entities 64.64) land.
The impacts of the project on Land Acquisition and Resettlement in Tranche-2 are summarized in table 2.1.
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Table 2.1: Summary Impacts of the LARP I & II
No. Description of Impacts Number/Amount LARP Part-I (km305- LARP Part-II km331) (km331-km389+400) 1 Total number of permanently affected land 28 991 parcels: Privately-owned/leased lands 2 Total area of land to be acquired permanently 115.50 110.256 (in hectares) both private and legal entities (Private 62.98 & (Private 45.6157 & LE 52.52) LE 64.64) 3 Total area of permanently affected commercial 0 1.92 land (in hectares) 4 Total area of permanently affected State- 0 53.07 reserved lands/ village administered lands (in hectares) 5 Total number of privately-owned lands 0 6.185 6 Total number of privately-owned trees 0 15 7 Total number of affected households and legal 91 entities 28 84 a. affected households 7 b. legal entities 8 Total number of severely affected households 0 0 and legal entities 9 Total number of vulnerable households 6 4 10 Total number of affected structures 0 5 permanent structures (clusters) 11 Total number of households and legal entities 0 3 losing business 12 Total number of affected workers 0 a. shop/business workers/staffs 12 b. agricultural workers 338 13 Total number of Affected persons 157 496
2.3 Status of Land Acquisition
2.3.1 Permanent Land Acquisition
There is no privately owned land acquired under LARP-I rather some 115.50 ha arable leased land were taken from 26 households and 2 legal entities and 49.47ha state-land were taken over from other government departments that caused no impact on the people. Compensation for these leased lands have been paid. Later on, due to border adjustment with Kyrgyz Republic, an additional 129.15 ha land have been acquired. These lands are also belonged to above mentioned 26 households and 3 legal entities (including new one legal entity). Out of these 29 land owners, 23 persons have updated their record of rights as of December 14, 2012 and remaining 6 have not yet submitted their legal documents to the road department for payment. Payment of compensation is not yet started due to closing of financial year (2012) but according to the road department, Taraz, compensation payment will be made in January- February 2012.
Under LARP-II, a total of 45.5157ha land comprising of 44.10 ha arable land and 1.5157 ha commercial land was acquired those are belonged to 84 households. Besides, a total of 64.64ha land has been acquired comprising of 64.24ha arable land and 0.40ha commercial land those belonged to 7 legal entities. No temporary land acquisition was required for this road
1 Eight households own/lease more than one parcel of land. CAREC‐Zhambyl Oblast Section, Tranche 2 14
Bi‐annual Social Monitoring Report December 2012 section. All the lands acquired for permanent use are agricultural category. There was no commercial or any other categories of land affected by this road section. Land acquisition process started in 2010 and payment of compensation is paid to all affected land owners except two persons (i) Sansyszbay Zautbek (land 2.59 ha) and (ii) Nartbayev E. (land 0.21 ha) who filed civil suits in court of law for enhancing compensation amount. These cases are still pending in the court for verdict. Total land acquired under 2 LARPs are presented in table 2.2 below-
Table- 2.2: Loss of land by land category in two LARPs
Land category Land to be acquired Land to be acquired (in hectares) km 305-km331) (in hectares) km 331-km389.40) Permanently Temporarily Permanently Temporarily Affected Affected Affected Affected Arable land 62.98 (26 hh) 0 44.10 (78 hh) Commercial land 0 0 1.5157 (06hh) Residential land 0 0 Sub total A 62.98 (26 hh) 0 45.6157 ha (84 hh) B. Affected Legal Entities Arable land 52.52 (02 LE) 0 64.24 (6 LE) Commercial land 0 0 0.40 ha (01 LE) Sub total B 52.52 (02 LE) 0 64.64 (7 LE) Total A & B 115.50 0 110.256 ha (26 HHs+2LE) (91 HHs+LE) C. Additional Land 129.15 ha 0 0 Acquisition (26 HHs+3LE) D. State land 33.97 ha 0 Total (A+B+C+D) 278.62 ha 0 110.256 ha (26 hh+3 (91 hh+LE) LE)
2.3.2 Temporary use of land
For the total road section under LARP Part I & II some land was temporarily taken from the local people for storage of topsoil and asphalt crush, operation of batching plant, storekeeping top soil layer (TSL), road construction material (RCM), access road, etc. Compensation was estimated and paid an amount of KZT 13,930,894. The land was requisitioned for the total project period (3 years in most cases).
Apart from these lands, the contractors took land for queries from the local people for extracting gravels. Temporary land use was arranged by the Contractors/Subcontractors with compensation being paid at current commercial rates for the period that temporary acquisition of the land is required. Necessary contract agreements have been signed between the land owners and contractors regarding extraction of gravels and restoration of the queries. Necessary permission from the concerned departments have been obtained by the contractors for extracting gravels. The contractor/sub-contractor, taken land for temporary use, should be responsible to give the land back to the land owners with its’ original condition as per contract. Kazakhdorstroy LLP will complete their civil works by December 2012. That’s why dismantling of the structures from the batching plants and camp sites are being started. They will hand over land to the actual owner soon. According to the Kazakhdorstroy they have used about 20.786 ha of land by taking temporary lease from the local people for the purpose of stock piling,
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Bi‐annual Social Monitoring Report December 2012 storage of top soil layer (TSL), road construction material (RCM) and access road maintenance and paid an amount of KZT 10,785,491 for agricultural losses (Table 2.3). Reportedly, Kazakhdorstroy LLP has also paid compensation for the affected trees (EML and bush) on the temporary land (km 360+800-379+00) with an amount of KZT 1,814,881.
Table 2.3: Temporary land acquisition for road section km 358+600-389+400
Amount of Amount of compensation compensati (KZT) for Sl Location Area Target on (KZT) Contact of Status transitional Contract conditions # of land , (ha) purpose for the owners period of standing agricultural crops losses stockpiling and storage Annex №2 to km of TSL, Resolution of Lands of 372+60 1 3.01 RCM and Completed 176,988 Merke rayon cattle 0 right access road Akimat№363 dated crossing 60 m maintenanc 27.08.10 e "Тilemis Batyr" LLP stockpiling at the and storage address: km 365 of TSL, Contract Aktogan 2 right 3.01 RCM and Completed 841,596 1,463,640 №КДС/Жф/Зем/15 village, 170 m access road 5 dated 15.07.10 Kosbarmako maintenanc v street, e building №26 stockpiling P/F "Kuan and storage and D" at the km of TSL, Contract address: 369+60 3 3.1 RCM and Completed 866,760 1,507,403 №КДС/Жф/Зем/14 Merke village, 0 left 60 access road 6 dated 15.07.10 Muratbaev m maintenanc street, e building №60 stockpiling P/F "Nart" at and storage the address: km 364 Contract of TSL, RCM Merke village, 4 left 30 1.8 Completed 105,840 138,456 №КДС/Жф/Зем/15 and access Smagulov m 2 dated 15.07.10 road street, maintenance building №14 P/F stockpiling "Kerimbay" and storage km 364 Contract Commercial of TSL, RCM 5 left 30 0.12 Completed 158,544 58,351 №КДС/Жф/Зем/14 dairy farm, and access m 7 dated 15.07.10 Aitikebi road street, maintenance building №5 stockpiling and storage P/F "Moldyr- km 364 Contract of TSL, RCM G" 6 left 30 0.33 Completed 435,996 160,465 №КДС/Жф/Зем/15 and access Commercial m 0 dated 15.07.10 road dairy farm maintenance stockpiling P/F and storage "Тolegen- km 364 of TSL, Contract Dat" at the 7 left 30 0.49 RCM and completed 647,388 238,267 №КДС/Жф/Зем/15 address: m access road 1 dated 15.07.10 Merke maintenanc village, Tole- e bi street, CAREC‐Zhambyl Oblast Section, Tranche 2 16
Bi‐annual Social Monitoring Report December 2012
Amount of Amount of compensation compensati (KZT) for Sl Location Area Target on (KZT) Contact of Status transitional Contract conditions # of land , (ha) purpose for the owners period of standing agricultural crops losses building №9 P/F Stockpiling "Yerkenaz" at and storage km 364 Contract the address: of TSL, RCM 8 left 30 0.26 Completed 343,512 126,427 №КДС/Жф/Зем/14 Merke village, and access m 9 dated 15.07.10 Smailov road street, maintenance building №21 Stockpiling Annex №2 to and storage km 364 Resolution of 0.00 of TSL, RCM 9 left 30 Completed 353 Merke rayon 6 and access m Akimat№363 dated road 27.08.10 maintenance Stockpiling Annex №2 to and storage km 381 Resolution of Lands of T. of TSL, RCM 10 left 50 2.65 Completed 740,940 Merke rayon Ryskulov and access m Akimat№363 dated rural district road 27.08.10 maintenance P/F "Dulat" Stockpiling at the km and storage address: Contract 353+30 of TSL, RCM Kazakh 11 3.01 Completed 176,988 300,000 №КДС/Жф/Зем/15 0 right and access village, Abai 3 dated 15.07.10 25 m road street, maintenance building №62 P/F Stockpiling "Nurdaulet" at km and storage the address: Contract 377+80 of TSL, RCM Zhanaturmys 12 3 Completed 838,800 1,458,777 №КДС/Жф/Зем/15 0 left 50 and access village, 4 dated 15.07.10 m road Kulbarak maintenance street, building №40 5,333,70 TOTAL: 20.786 5 5,451,786 Note: According to the Land Code of the Republic of Kazakhstan, Article 166. The order for damages, (Item 3) Determination of damages inflicted to owners or land users in the case of withdrawal of land lots and the amount of their compensation are set by agreement of the parties. Source: Kazakhdorstroy LLP
The civil work of KCC E & C will be completed by June, 2013. It is to be ensured that compensation for the temporarily used land is paid and handed over to the actual owners with its’ original condition as per contract. DOHWA, the Construction Supervision Consultants (CSC) will ensure it.
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Bi‐annual Social Monitoring Report December 2012
2.3.3 Acquisition of leased land
A total of 28 leased land owners comprising of 26 households and 2 legal entities lost a total of 115.50 ha lands permanently under LARP-I. All of them have been paid compensation for land in this section (km305-km331). But for shifting of alignment due to border adjustment with Kyrgyz an additional 129.15 ha land from the 29 land owners have been acquired (previous 28 plus one company namely "Sypatai Batyr" LLP). The MOTC has determined land price for the additionally acquired land by engaging one independent evaluation company namely DALER. Out of these 29 land owners 23 land owners have submitted their updated documents of the land leasing to the RD, MOTC, Taraz. Road Department is preparing individual award for these 23 land owners and hopefully will pay compensation in January-February 2013. List of the 29 land owners including their land parcels and amount of compensation is presented in table 2.4.
Table 2.4: List of owners with land parcels including additional land acquisition
No Name of AP Original land acquisition Additional land acquisition Area of Area of Acquir Compensa Acquired Compensa- total the plot ed -tion Paid area (in tion amount owned affected area (in KZT) ha) in KZT land (in ha) (in ha) 1 H-d Dzhumatayev 290 50 13.2 1,984,900 10.6 894,604 Ali 2 H-d Gasanov 19 8.4 1.58 433,160 2.03 195,669 Aladin 3 H-d Mamytov 102 102 2.59 351,390 2.31 225,266 Serikzhan 4 H-d Myktybayev 6.4 6.4 0.23 18,240 0.17 16,222 Anuarnek 5 H-d Teltayev 11.4 11.4 0.4 43,590 0.28 26,853 Kyrgyzbek 6 H-d Spankulov 9.4 9.4 0.34 21,390 0.19 18,314 Seitbek 7 H-d Belhozhayev 30.2 30.2 1.08 100,810 0.56 54,068 Baurzhan 8 H-d Sauranbayev 19.4 19.4 0.69 44,200 0.28 26,853 Gaydar 9 H-d Orazkulov 15 10.6 0.37 33,600 0.14 13,540 Ryskulbek 1 H-d Suleymanova 25 7.6 0.26 19,070 0 Roza 1 H-d Ospanova 62 62 2.03 98,930 0.46 44,339 1 Kasymhan 1 H-d Raushanov 128 83.8 2.47 134,950 1.4 133,589 2 Asan 1 H-d Dulatbekov 246 93.8 5.66 249,300 3 Anday 1 H-d Almasov 18.87 18.87 2.01 161,490 2.13 131,430 4 Ashimhan 1 H-d Kerimkulov 21 14 1.41 173,610 1.66 160,541 5 Nurgazy CAREC‐Zhambyl Oblast Section, Tranche 2 18
Bi‐annual Social Monitoring Report December 2012
No Name of AP Original land acquisition Additional land acquisition Area of Area of Acquir Compensa Acquired Compensa- total the plot ed -tion Paid area (in tion amount owned affected area (in KZT) ha) in KZT land (in ha) (in ha) 1 H-d Zgayev 46.7 43.3 0.54 17,680 6 Erlan 1 H-d Akbuzauov 51 34.6 1.15 44,850 2.08 58,637 7 Zharlapes 1 H-d Bakirtov 13.8 5.9 0.78 195,200 1.08 104,100 8 Meyrman 1 H-d Tatykulova 130 36 3.53 479,480 6.46 629,966 9 Kaynarkul 2 H-d Kazimov Nabi 271 88.6 7.79 1,218,660 13.22 1,280,657 0 2 H-d Imashev 22.8 22.8 2.12 125,170 2.37 228,441 1 Askar 2 H-d Alimbekov 220 220 7.27 424,460 10.62 1,002,664 2 Azimhan 2 H-d Taskynov 64 30 0.3 63,530 3 Nurzhan 2 H-d Yeshetov 154 150 4.39 409,210 6.83 666,048 4 Sauytbek 2 GP “Mukashev 190 90 3.5 383,160 5.45 530,154 5 and Company” 2 H-d Dalibayev 34.7 21.15 0.04 737 6 Sayat 2 PK “Aspara”, G, 8110.87 5000 46.5 2,547,870 34.38 2,471,256 7 Miheev 2 H-d Sarsenbiyeva 35.25 36 0.75 1,207,290 8 Sharapathan 2 "Sypatai Batyr" 17.82 1,305,218 9 LLP Total 115.50 12,544,560 ha Note: Serial number 10, 13, 16, 23, 26 & 28 have not been contacted yet by the RD and their papers relating to land ownership is not submitted to RD.
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Bi‐annual Social Monitoring Report December 2012
2.4 Other impacts
2.4.1 Loss of Structure
According to the LARP (Part-II) a total of 5 clusters of permanent structures of different types have been affected those are owned by 4 households. The clusters of structures include gas station with operator room, containers, container gas station with toilet, Gas station and canteen complex, offices, storehouse, fence, ring-well, concrete cover, etc have been affected by the project interventions. However, no residential structure was affected and no household was required physical displacement due to the project interventions.
2.4.2 Business Losses
2.4.2.1 Permanent loss of business
There were 4 business units owned by three businessmen located in the affected permanent structures/buildings (made of bricks, concretes, etc.). One of them is Seidualiyeva Nazym who had two business units in two separate buildings those are almost same categories of business. The business enterprises were mainly for motor oil changing, gas station, canteen, etc. According to the policy of the LARP, for permanent loss of business, compensation will be paid as 1-year net income (lost profit). In case of temporary loss of business, cash compensation for the period of income loss amounting up to 3-months average wages. The permanently lost business owners are to be compensated for the income of 1 year based on tax records, or - if these are not available - based on the official monthly minimum salary in the project area (13,470 KZT x 12 months). However, the compensation for the affected business units has been calculated based minimum monthly salary of KZT 13470 for 12 months. One of the business owners Seidualiyeva Nazym filed a case in the civil court as she was not paid compensation for business loss according to her income although she had tax certificate. As per verdict (No. 2A-288/2011) of the Appeal Judicial Panel of Zhambyl Oblast Court, dated 24 March, 2011 Seidualiyeva Nazym received payment for her land, structure and business loss with an amount of KZT 17,932,649. Remaining 2 businessmen have received compensation as determined by the MOTC.
2.4.2.2 Temporary Small Business
It was discussed in detail in the Bi-annual report (June 2012) a total 32 honey businessmen were identified in 2011 in the road section km 358+600-378+400 as squatters. According to the ADB Safeguard Policy Statement (SPS 2009) they are entitled for compensation and other assistances irrespective of title to the land. According to the statement of the honey businessmen, they pay KZT 1,800 per month as tax to local Akim. They were proposed to be relocated in a distant place by the local Akim but that location is not suitable for their business.
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Social Development Specialist met the Honey businessmen on December 15, 2012
These shops were relocated in km 3+00 of Merke-Shu road
Bi‐annual Social Monitoring Report December 2012
It is reported that the honey businessmen were pushed to be relocated in anywhere from Almaty-Taraz road during construction of the project road. They have been relocated by themselves at km 3 of Merke-Shu road. But this road does not carry more traffic and that’s why their business is not run well. According to them, they didn’t get compensation or any other assistance for their business. This is non-compliance with the ADB SPS 2009. They have been paying taxes to the Bazar Committee with an amount of KZT 1,800 per month per business unit. They want, at least, a place beside the old road (towards Almaty from the intersection) along the Almaty-Taraz new road so that they can continue their business. According to them, their livelihood is fully dependent on this business.
They should be paid compensation and other assistance for restoration of their livelihood and be relocated in a suitable location from where they can continue their business.
2.4.2.3 Employment Loss
A total of 12 shop workers and 338 agricultural workers were identified during socioeconomic survey in 2011. According to the policy of LARP (March 2011) the shop workers are entitled for 3 months wage @ KZT 13,470 per month. These include cooks, waiters, sellers, servants, administrative staff, guards, etc. But list of these workers is not enclosed with the LARP.
An additional 338 agricultural workers were identified during the supplemental assessment conducted in August 2009. Considering project impacts on agriculture these 338 agriculture workers were not considered for compensation. Budgetary provision in the LARP is not clear only
According to the Road Department, these workers of shop or agricultural farm are not enlisted in their office and that’s why they couldn’t pay any compensation to them.
A ‘tracers study’ may be conducted by the Road Department as per MIS data of the RAP to find out the shop workers and pay resettlement benefits as per policy and budget of the LARP. As the project impact on the agricultural farmer is not significant and not enlisted in the RAP or in office of the Road Department, so their entitlements may be ignored.
3. MONITORING DATA COLLECTION
The affected land owners, structure & business owners and other affected people are mostly paid compensation and resettlement benefits as per Kazakhstan law and policy of the LARPs except civil suits, additionally acquired land and shop workers. Only 04 business units (owned by three businessmen) were affected by the project under LARP-II those have been paid compensation. The land losers (both private and leased land) were also paid compensation for their land parcels according to the policy. Two separate monitoring checklists have been developed (Annex-I) to conduct survey with Checklist- A for the private (acquired) land owners and Checklist-B for temporary requisitioned land owners, squatters, business operators & others. Due to the weather condition in December 2012 (temperature is minus 15 degree Celsius) in project area the monitoring data collection was not done. The Social Development Specialist met the honey businessmen on 15 December 2012, who have been relocated on Merke-Shu road. All of the honey businessmen want a suitable site along the Almaty-Taraz road (the project road) for continuing their business. The detail monitoring survey using the attached checklist will be conducted during preparation of bi-annual monitoring report for January-June 2013. The Social Specialist (Local) will be responsible to collect data from the 20% of the CAREC‐Zhambyl Oblast Section, Tranche 2 21
Bi‐annual Social Monitoring Report December 2012 affected people (in both cases with separate checklist) using the checklist on random sampling basis and generate these data for preparation of bi-annual report for January-June, 2013.
3.1 Scope of Monitoring
The scope of the monitoring comprises the following:
i. Review and verify periodic reports prepared by the Contractor and Consultant ii. Review the socioeconomic baseline census information and impacts from the LARP iii. Identify and select impact indicators; iv. Consult APs, executing agency officials, community leaders for preparing review report; and assess efficiency, effectiveness, impact, and sustainability of the resettlement to draw lessons for preparation and implementation of future resettlement planning documents
The monitoring was conducted based on (i) the procedures and guidelines of ADB as set out in the SPS 2009; (ii) relevant laws, policies, and regulations of Kazakhstan; (iii) Land Acquisition and Resettlement Plans of the Project; and (iv) the general principle that AP’s livelihood should be better or at least maintain their living condition as before the project.
3.2 Methodologies adopted during monitoring
During preparation of this Social Monitoring Report the Road Department of Kazakhstan was consulted to have the updated information on payment of compensation and other benefits under LARP- I & II. Besides, the following methods were adopted during preparation of this document Reviewed secondary sources available in connection with the project such as monthly and other periodic reports prepared by consultant and contractors. Policy of the LARPs, land acquisition laws and practices in Republic of Kazakhstan, LARP implementation schedule and actual implementation period, previous report, documents of the project and other available secondary sources were taken into account to update the information. The affected people especially honey businessmen were also consulted by personal contact and group discussion. Grievances on the payment of compensation, entitlement and other social & Environmental issues were considered. Compliance issues lying with the contactor on health and safety with major focus on HIV/AIDS have been checked and verified at the camp and field level.
All of the information taken from different institutions and persons has been considered in preparation of this document.
3.3 Monitoring indicators as per LARP
The LARPs contain monitoring indicators and time line that was agreed by the ADB once the LARPs are concurred by them. According to the LARPs most of the issues have been complied except grievances those are still ongoing. The monitoring format adopted in the LARPs with present status of compliance is as under (table 3.1).
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Table 3.1: LARP Implementation Monitoring Indicators Purpose Activities Monitoring Indicators Present Status Identification of Checking the list of compensation Number of persons in the list compensation recipients against eligibility criteria of compensation recipients, All APs identified recipients for compensations who do not meet eligibility and paid by RD criteria except court cases-2 (mistaken inclusion) and additional land Identification of persons, who may Number of persons who meet acquisition 28 claim eligibility to compensation, the criteria, but are not but are not included in the lists of included in the list of compensation recipients. compensation recipients Separate check should be (mistaken exclusion) performed on each type of compensation Controlling Confirmation of temporarily or Area of land subjected to Compensation has types of permanently affected areas temporary acquisition, for been paid for compensation against the LARPs which compensations have temporary acquired been paid land Area of land subjected to Compensation has permanent acquisition, to been paid except which compensations have court cases-2 and been paid additional land acquisition Controlling Examination of financial Number of persons who 91 land owners compensation documents received compensation in under LAPR-II have time and in full amount, been paid disaggregated by compensation types Identification and analysis of Number of persons who did 30 entitled persons reasons for compensations not not receive compensation in under LARP-I are being paid in full amount and in time and in full amount, is yet to be paid time. aggregated by compensation types. Amount of funding allocated Fund is available in for payment of RD as required for compensations. payment Identification of reasons for which Rate of spending of funds Compensation for funds for compensations have allocated for compensations, wage laborers of been under/overspent % of amount envisaged in the shop and agriculture LARP have been provisioned in the LARP but not paid Additional Monitoring time limits of Number of persons on whose Temporary land Compensation temporary land acquisition plots temporary acquisition acquisition was done needs to be extended for 33 months in Area on which construction KCC area (kn 310- works will be continued after 358) and 31 months the established deadline. in KDS area (km 358-389). Work will be completed within this period. Extended time is not required in any case Household Follow up socio-economic survey Changes in household It will be done after impact (income of affected households (3 months income/livelihood completion of the restoration) after implementation of LARP) project Consultation Determining the level of Number of compensation and involvement and identification of recipients who participated in Data is not available participation reasons of inadequate consultations and CAREC‐Zhambyl Oblast Section, Tranche 2 23
Bi‐annual Social Monitoring Report December 2012
Purpose Activities Monitoring Indicators Present Status participation coordination meetings at each stage of land acquisition Analysis of disputes and Number of complaints 53 complaints content. Resolution of Number of complaints 42 conflicts resolved
3.4 Effectiveness of Resettlement Planning
The land acquisition and resettlement plan (LARP) was prepared in December 2009 for the total area (km 310-km389) by addressing most of the issues relating to the project. But due to Border adjustment two resettlement plans were prepared in March 2011, one for km 305-331 and another for km331-389. According to the LARP December 2009, there were 43 road side honey vendors in km 310+600-km 389+400. There was a policy in the LARP (December 2009) with a provision of payment of compensation to the honey vendors. But in the updated LARPs these honey vendors are ignored. According to the ADB Safeguard Policy Statement (SPS 2009) Involuntary Resettlement Safeguards (Policy principles)- “ensure that displaced persons without title to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for non-land assets. Following the SPS 2009, the affected hovey vendors are to be paid compensation and other assistances for their affected structures and business.
According to the LARP data, it is revealed that the wage laborers of the affected shop (12 Nos.) and agriculture (338 Nos.) will lose their means of livelihood due to the project. But list of such wage laboreres is not included in the LARP. This is why, Road Department couldn’t make any payment to them. According to the LARP, no significant impacts has been found on the agricultural workers due to the project. So, they may be ignored in terms of payment of compensation. But, a tracers study may be required to find out the shop workers as the shops are dismantled and their source of livelihood is hampered.
According to the LARP the Road Department will pay compensation to the affected people directly. There is no provision of engagement of any non-governmental organization (NGO) of consulting firm to assist the Road Department in this respect. Only Independent Valuation Company has been engaged to determine replacement value of the affected properties. In most cases affected people cannot communicate with the Road Department directly rather they talk to the Local Akimat (village administrative unit) about land acquisition and compensation issues. A full time NGO/ Community Based Organization (CBO) or consulting firm would effective in smooth implementation of the LARPs.
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Bi‐annual Social Monitoring Report December 2012
3.5 People’s complaints
Due to construction of the road some local people/communities have been facing problems to get access to their cropping field, houses, shops, etc. Water supply system has been blocked in some places, the cattle cannot cross the road as before, these are also temporary impacts of the project during construction those are submitted to Road Department by the local people as grievance. Most of these impacts have been mitigated but some are still pending. Details of the grievances and mitigation measures have been described in section 4 of this document.
4: REDRESS OF GRIEVANCES
4.1 Grievance Redress Mechanism
A grievance redress committee has been functioning as per guideline of the LARF and LARP under Tranche-2. According to the LARP all complaints will be received through the staff of the Akimats of T. Ryskulov or Merke, the Zhambyl Committee of Roads or the Project Management Consultants. Grievance Focal Points have been designated at these levels to receive, help resolve, report or forward complaints received from APs and the general public. The following are the Grievance Focal Points designated for the Subproject: a. Deputy Director, Zhambyl Committee of Roads, b. Vice Akim T. Ryskulov Akimat c. Vice Akim Merke Akimat
According to the steps for redressing grievances as prescribed in the LARP the total time required to redress grievances in maximum 7 weeks time period at four levels. At village level the grievances are to be redressed within one week, if not resolved, referred to Raion level and within two weeks these are to be resolved. If it is not resolved at Raion level the cases would be referred to the Zhambyl Oblast but the Zhambyl Oblast has to resolve the issues within two weeks. If not resolved the cases are to be referred to Committee of Roads/PMC and the PMC will have two weeks time to resolve. If the cases are not finally resolve in focal points stages the cases will be presented to the court. The court will finally give verdict as per legislation of the Republic of Kazakhstan. The following steps of redressing grievances have been prescribed in the LARP.
Table 4.1: Steps of redressing grievances
Levels/Stages Responsibility Steps of redressing grievances Village-level Head of Local Self Registers the complaint and attempts to solve it. If Government complaint is not resolved in one week, it is passed to the Rayon Akimat for resolution. Rayon-level Vice Akim, Receives the complaint, registers it and attempts to Grievance Focal resolve it. If there is no resolution in 2 weeks, it is Point Akimat passed to the Zhambyl Roads Department Zhambyl Oblast Deputy Director, Receives the complaint and attempts to resolve it. If Zhambyl Oblast there is no resolution within 2 weeks, it will be Roads passed to the Grievance Focal Point at the Department Committee of Roads
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Committee of Grievance Focal Receives the complaint and coordinate with the Roads/PMC Point concerned units or agencies to find timely solution. If there is no resolution within 2 weeks, the case will be presented to a Kazakh court and resolved according to Kazakh’s legislation. Court Oblast court Hears the case and renders decision.
4.2 Observation on grievance resolution
A total of 53 categories of grievances have been placed before the grievance redress committee by 49 aggrieved persons/communities as of December 25, 2012 from the starting of the project. Out of 53 grievances 8 grievances found under LARP part-I (km 305-km331) and remaining 45 grievances under LARP part II (km 331-km389). No grievances so far placed before the GRC from Depot area. Out of the total grievances under both LARPs about 79.24% grievances have been resolved from which 87.50% under LARP-I and 77.78% under LARP-II. The remaining grievances are partially resolved or not at all resolved as yet. Considering period of submitting grievances, about 51% (27) grievances were submitted in 2011y of which more than 85% grievances were resolved. It is found that about 36% (19) of the total grievances (53) have been received in 2012y of which 68.42% (13) have been resolved (see table 4.2).
Table 4.2: LARP wise number of grievances received and resolved
LARPs Grievance Total grievances Resolved Not-resolved/ recoding year Partly resolved LARPs (Part I) 2009 0 0 0 (km 305-km331) 2010 0 0 0 2011 6 5 1 2012 2 2 0 Sub-total (LARP-I) 8 7 (87.5%) 1 (14.5%) LARP (Part II) 2009 3 2 1 (km331-km389) 2010 4 4 0 2011 21 18 3 2012 17 11 6 Subtotal (LARP-II) 45 35 (77.78%) 10 (22.22%) Grand total 53 42 (79.24%) 11 (20.76%) Note: Numbers of grievances are counted exclusively (issue wise, not person wise)
Considering grievances in terms of number by village, it is found that out of 53 grievances, inhabitants of Zhanaturmys village have submitted 20 (37.74%) grievances of which 18 (90%) grievances have been resolved. In Aktogan village 8 grievances were received of which 5 are resolved. Village wise grievances are presented in figure 4.1.
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Bi‐annual Social Monitoring Report December 2012
Figure 4.1: Village wise grievances
No. of grievances Grievances resolved Not resolved
25
20 20 18
15
10 8 7 5 4 4 4 4 5 333 3 3 3 2 2 2 2 2 11 1 1 000 0
The grievances still pending are to be resolved immediately. One grievance submitted by Usenova Gulzat Zhazhorbayevna of Zhanaturmys village regarding construction of public toilet by the project at km 377+322 beside the road but close to her café. She requested removal of this toilet in safer distance following the Sanitary Standards of Kazakhstan. The Social Development Specialist (DOHWA) visited the site on the 8th December 2012. A letter was written to the Contractor (Kazakhdorstroy LLP) from DOHWA for verifying and reporting on the issue. The Contractor, by their letter no. 543 dated 22 December 2012 informed that the actual distance in between is about 10 meter and the distance from toilet to café building corresponds to the norms of Kazakhstan.
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Site of café and public toilet at km 377+322 (Zhanaturmys)
Bi‐annual Social Monitoring Report December 2012
Such other pending grievances are to be resolved within the soonest possible time. The honey vendors have applied again in December 2012 to the MOTC and Local Akimat for compensation and relocation. All grievances are to be redressed in light of the project policy, practical situation and of course ADB safeguard Policy Statement (SPS 2009).
Total 53 grievances comprising of 13 categories have been registered in both of LARP areas of which 20 (37.74%) grievances for constructing bypass/access road/ramps to facilitate easy accessibility to houses, cropping field or business enterprises of which only 2 grievances are not yet resolved. A total of 8 grievances were reported regarding non-payment or inadequacy of compensation amount of which 3 grievances are yet to be resolved. Figure 4.2 describes category wise number of grievances and status of resolving these. Detailed information on grievances with name and address of the aggrieved persons and status of resolution is attached in annex-III.
Figure 4.2: Category wise number of grievance
Total no. of grievance by category Grievances yet to be resolved
Road sign is to be installed 1 Moving heavy truck/road destroyed 1 Public toilet is close to café 1 1 Pusture land destroyed 1 Has to pay extra amount for account opening 1 Arch is to be reconstructed 1 1 Fibre optic line ia to be reinstalled 1 Water bodies/ditches contaminated 2 Project is occupying land more that acquisition 4 2 Irrigation system disturbed/Area inundated 5 1 Project road is closer to house/ leads cracks 7 1 Compensation is not adequate 8 3 Demand access road/cattle crossing/ramps 20 2
0 5 10 15 20 25
Only 11 grievances are still pending from which only 2 or 3 cases are not in a position of redressal due to practical situation of the project and nature of grievances. But remaining will be redressed by course of time according to the merits of the issues.
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5. HEALTH AND SAFETY
5.1 HIV/AIDS Awareness Program
The contractors have been working in project sites since 2010 by establishing construction camps, residential areas, crashing plants, batching plants, etc. where both males and females have working together. Combine working environment of male and female from different culture and society may promote sexual abuse and there is a chance of affecting with sexually transmitted Infections (STIs) and finally HIV/AIDS. In some times it may take an epidemic shape and this is why preventive measures are to be taken in advance.
Since 2006, the International Federation of Consulting Engineers (FIDIC) Conditions of Contract for Construction specify that contractors for major infrastructure projects must offer HIV-awareness programming, including STI and HIV information, education, and communication, for all workers and for community members on regular basis. The FIDIC conditions also require that condoms, STI and HIV screening, diagnosis, counseling, and referrals be provided for all site staff and laborers.
This obligation is encouraged by the ADB – the ADB guidelines spell out that “ADB has a responsibility to encourage contractors to provide appropriate HIV education to all the construction workers and the villagers in the corridors of influence of ADB-funded infrastructure development projects.
During field visit in base camps of the KCC and Kazakhdorstroy LLP in July 2012, the Social Development Specialist met the concerned officials on health and safety. It was informed by the contractors that workers of both the contractors are aware of the STIs and they have a special training on HIV awareness. They distribute condoms among the workers to prevent any kind of STDs. The contractors were suggested to put a display board on a visible place containing updated information on health safety issues including number and nature of injuries, serious or normal, any deaths with causes, STI/HIV awareness message with preventive measures, etc. According to the Contractor they have done it as well.
5.2 Personal Health and Safety
Due to bad weather in winter civil construction of the project (at KCC E & C part) is going on slowly. They are scheduled to complete the tasks by June 03, 2013. According to the field visit by the local Environmental Specialist, a violation was observed on using personal protective equipment (PPE) by the workers during working time. A letter was issued to KCC on September 04, 2012 by the DOHWA to provide sufficient PPE to the workers and ensure using of these at work station. No further complaints have so far been received in this issue. According to the KCC, HIV/AIDS awareness program and regular health check up of the workers and employees have been continuing. The KCC E & C confirmed by their letter no. 158/2012 dated September 10, 2012 that they are following general condition of the contract (GCC) clauses 6.4, 6.5, 6.6, 6.7, 6.12 & 6.14. In their letter they mentioned that the KCC complies with all the requirements of Labor Laws of the RK and laws of labor safety, health protection, etc. All of the staff members attended the medical inspection, employees are provided all of their rights such as right to rest, sick pay, vacation payments, providing special clothing, etc. The employees working in harmful conditions are provided with special food and dump truck drivers are provided lunch. KCC also mentioned that they are complying with the norms of Kazakhstan regarding working hours of the employees. The employees are provided by accommodation and welfare facilities. CAREC‐Zhambyl Oblast Section, Tranche 2 29
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The employees and workers are provided individual protection and safety measures. Foreign staff members are provided with visas and labor permits. The staff members are provided potable drinking water.
The Kazakhdorstroy LLP has completed their civil works about 4 months ahead of the schedule (scheduled date was April 18, 2013) and planning to handover the site to the MOTC by December 2012. They have been dismantling structures and other establishments. According to the Kazakhdorstroy LLP, they maintained health and safety issues including HIV/AIDS awareness program following the ADB requirements until the work is finished. According to the Bi-annual Monitoring report (July-December 2012) of the Kazakhdorstroy it is known that-
i. They established medical station since 2010 (starting of work) and rendered first aid to the employees and workers within territory of the construction camp ii. Conducted daily monitoring and evening pre-trip medical examination with alcohol detecting device and tonometer for the drivers, fitters, repairmen, etc. iii. Conducted HIV/AIDS awareness program, on February 22, 2012 in cooperation with the staff of Regional Centre for Prevention and Control of AIDS. Information booklets (150 Nos.) on HIV/AIDS awareness were distributed among the participants and 500 pieces of condoms were also distributed among them. iv. They signed a contract agreement with the Central District Hospital of Merke Rayon for periodic medical examination and survey of workers. All employees underwent periodic medical examination. They signed contract with “Nauryzbai” LLP for supplying of required medicine for the employees. v. All facilities were provided with universal medicine kits vi. All requirement of labor legislation were observed during conclusion of labor contract with the employees vii. The employees engaged in heavy works, and worked in hazardous and dangerous conditions were provided with additional leaves and special food (Kefir). They operated a canteen where meals were available thrice for the workers. Water analysis for disinfection & disinfestations and control for food quality with observation by the medical workers was conducted. viii. The workers were provided special clothes for summer and winter season respectively ix. An agreement was signed with “Oil Insurance Company” JSC on September 24, 2011 regarding compulsory social insurance for personal injury to life and health of the employees.
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Health check-up at the KDS base camp
Health and safety awareness signals, KDS Bi‐annual Social Monitoring Report December 2012
5.3 Accidents occurred in the project
There were no accidents observed in this reporting period (July-December, 2012) in both the work packages though there were 4 accidents reported in May-June 2012 that causes deaths and injuries of the drivers and local people.
The accidents so far occurred within the month of May and June in Contract 004 (KCC E & C area) and the follow up are as under:
a. May 29 2012 at around 5:00AM, an accident has occurred at the Contractor’s (KCC E&C) Concrete Batching Plant near Aspara. Reportedly, the victim (local) was cleaning the drum mixer when the plant operator (inside the control room) accidentally dropped a drinking cup on the OPEN button that eventually operated the drum mixer. The left foot of the victim was caught by the rotating mixing paddle causing serious injury.
Follow up: KCC has spent all of his treatment costs. Compensation was paid an amount of KZT 3,000,000 by KCC. Besides, KCC paid as help on humanitarian ground from their own KZT 180,000. The injured person’s has life insurance coverage and ultimately he will receive an amount of the said 3 million KZT. KCC has paid this 3 million KZT from their own with a condition that after getting it from insurance company they will recover it. The amount is not yet received from the insurance company.
b. On June 13, 2012 at around 9.40 AM, one Contractor’s dump rock overturned at km 334 due to malfunction of steering wheel. Neither injury to the driver nor damage to properties has been reported.
c. A fatal vehicular accident occurred on June 19, 2012 at around 5:37 PM on the road between Merke and Chaldovar (6.2 km from Kyrgyzstan border gate) involving one Contractor’s dump truck who collided head on with a taxi cab with four passengers (including driver) on board. All passengers died on the spot. The Police investigation report revealed that the dump truck driver was driving under the influence of alcohol. The accident was occurred by the Sub-Contractor’s driver.
Follow up: According to the contract document, in case of any such accidents the person who is responsible for accidents, will be liable for compensation (as reported by the KCC Deputy Chief Engineer). Reportedly no compensation has yet been paid to heirs of died persons.
d. A fatal accident occurred in the midnight of June 30, 2012 at the Contractor’s concrete batching plant near Aspara. The victim, a local driver of cement bulk tank carrier truck was reportedly trying to tighten the manhole steel cover of the cement (pressurized) tank when it unexpectedly opened hitting the body of the driver. The victim died instantly due to severe injuries on his vital organs.
Follow up: A total of KZT 620,000 has been paid to the heirs of the died persons from KCC. The died person had life insurance and his heirs may be entitled to have KZT 1,600,000 from Insurance company. The amount is not yet paid by Insurance.
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6. CONCLUSION AND RECOMMENDATION
6.1 Conclusion
The Road Department of the Ministry of Transport and Communication (MOTC) of Republic of Kazakhstan, has been implementing LARPs and paying compensation and other assistance following the guideline of LARP and LARF. The implementation is on progress and almost all entitled persons have been paid compensation for land structure and business under LARP-II. Only 02 cases are pending in court for verdict regarding enhancement of the compensation amount. Under LARP- I, 29 land owners are yet to be paid compensation for the additionally acquired land out of which 23 land owners have submitted their record of rights. According to the Road Department, compensation will be paid in January-February 2013 to them. Physical work in km 358-389 (Kazakhdorstroy LLP) has been finished about 4 months ahead of the schedule and the site has been handed over to the MOTC in December, 2012. Physical works in km 310-358 (KCC E & C) is scheduled to be completed by June 2013.
Compensation for temporary land use has been paid by the contractor to the land owners and for the period of using the land. Only temporary business owners (honey vendors) and shop workers are not yet paid compensation. The honey vendors have been displaced from their previous location (Almaty-Taraz road) and now relocated by themselves in Merke-Shu road. According to the ADB SPS 2009 every affected person irrespective of title to the land would be paid compensation and assistance. Health and safety issues of the workers and employees have been mostly taken care of by the contractor except some violations. No accident has been occurred within the project during this reporting period.
The affected people including physically displaced structure-owners are to be consulted with checklist for monitoring and evaluation of changes in their income level and standard of living, attitude towards the project, impacts of the project in their daily life and as well local and national economy, etc. A checklist has been developed in this regard and the Social Specialist (Local) will be responsible to collect data using this. The monitoring data will be used for preparation of the bi-annual report for January-June 2013.
Grievance redress mechanism has been functioning as per LARPs. About 53 grievances have been received from the local people/community as of December 25, 2012 out of which 42 grievances have been resolved. Out of the remaining grievances, some 2-3 cases are critical and not to be resolved due to the project condition and nature of grievances but others will be redressed by course of time according to the merit. The grievances are to be resolved within the soonest possible time as the project will be completed by June 2013.
6.2 Recommendation
The next review of LARP implementation and preparation of bi-annual social monitoring report will commence in June-July 2013 by the Social Development Specialist (International). Meanwhile, the Local Social Specialist would be deployed as full time and would look in to the outstanding issues and keep liaison with RD/ MOTC to get regular update on the progress of LARP implementation especially payment of compensation for additional land under LARP-I and verdict of the court regarding civil suits. The following issues are to be taken care of for smooth implementation of the LARP
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i. The Social Specialist (Local) should be full time at the project site to regular monitor the LARP implementation progress and assist the APs in getting compensation ii. Keep liaison with the RD, MOTC Taraz regarding issues relating to compensation for land under LARP-I and civil suits pending in court iii. Conduct survey with the land owners and affected persons using the checklist attached with this document iv. Grievances of the affected people and community are still being received. The concerned authority including Road Department, Local Akimat, Contractor, and especially the aggrieved persons are to be consulted to resolve the grievances.
v. The Temporarily used land for the project by the contractor and sub-contractors should be paid compensation and returned to the actual owners in it’s original condition as per contract. The Social Specialist (Local) will keep records on it.
vi. Honey Vendors are to be paid compensation for their losses and should be relocated in a suitable place (as per decision of the Road Department and Local Akimat) considering scope of trading and their standard of living.
vii. According to the LARP there were 12 shop workers in the affected business enterprises but they were not traced out and paid resettlement assistance as per policy. A tracer study may eb conducted by the road department to find them out and paid their entitlements accordingly to comply with ADB SPS 2009.
viii. Construction workers, working in the camps and work sites under KCC E & C working area (as the Kazakhdorstroy has completed their work) would be provided adequate health safety facilities and personal protective equipment as per contract. It would be monitored and reported by the Social Specialist (Local)
.
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Annex-I: Monitoring Survey Checklist
Checklist‐A CAREC‐ Transport Corridor Investment Program
[Western Europe‐Western China International Transit Corridor] Zhamby Oblast (Km 310+500‐ 389+400)
Checklist for private land owners Location/Chainage………………………………………….
1. Name of the Displaced Person
2. Father/Husband’s Name
3. Household members: Male…………………Female ………………………Total ………………………….
4. Present Address ………………………..………………………………………………………………………………………………. 5. Occupation 5.1 Principal occupation …..………………………………………………………………………………………………………… 5.2 Secondary Occupation (if any)………………….………………………………………………………………………….. 6. Monthly income (in KZT) 6.1 Before project ………………………………………………………………………………………………………………………… 6.2 After Project …………………………………………………………………………………………………………………………..
7. Whether he/she was consulted about the project and informed about entitlements as per project policy …………………………………………………………………………………………………………………………………………… 8. Quantity of land lost for the project (in ha……………..private/leased/temporary) under LARP Part I or II ( )
9. Whether he/she received compensation for land? Yes No 9.1 If yes Private land KZT ………………………. Leased Land KZT …………………..Temporary land KZT………..………….. Date of receipt compensation……………………………….. 9.2 Is there any written agreement with the Contractor regarding temporary land using? 9.3 Are they following clauses of the agreement strictly? Yes No 9.4 If no, do you have any comments or complaints on utilization of land? Please mention…..……………………………………………………………………………………...... 9.5 Whether the compensation amount/benefit is adequate according to his/her lost asset or not Yes No 9.6 If no Please mention reason ………………………………………………..………………………………………………… …………………………………………………………………………………………………… 10 How does he/she plan to utilize or already utilized compensation money?
a. Land purchase b. business promotion c. others ………………………………………………………………………………… 11 What does he/she feel about his/her present economic and social condition? Better off or worse off.
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If worse off, why?......
12 Whether he/ she had employees/workers for cultivating the acquired land and enumerated during survey? 13.1 Yes No If yes details of the workers (Name, address and age). 13.2 Did he lose his job due to the project? 13 Anything to say about the project/payment procedure/compensation amount/dealings of the officials, etc ……………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………….…
Signature of the interviewer and date ………………………
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Checklist‐B CAREC‐ Transport Corridor Investment Program [Western Europe‐Western China International Transit Corridor] Zhambyl Oblast (Km 310+500‐ 389+400) Check list on Livelihood Restoration/Rehabilitation of the temporary acquisitioned land owners, and squatters including honey vendors Location/ Chainage ………………………………………………………………………………………
1. Name of the Displaced Person
2. Father/Husband’s Name
3. Household members: Male…………………Female ………………………Total ………………………….
4. Address of the Displaced Person
4.1 Previous Address (Before project)………………….………………………………………………………………………… 4.2 Present Address (After project) .………………….…………………………………………………………………………. 5. Principal Occupation 5.1 Before project ………………………………..……………………………………………………………………………………… 5.2 After Project ………………………………………………………………………………………………………………………….. 6. Monthly income (in KZT) 6.1 Before project ………………………………………………………………………………………………………………………… 6.2 After Project …………………………………………………………………………………………………………………………….. 7. Whether he/she was consulted about the project and informed about entitlements as per project policy ……………………………………………………………………………………………………………………………………………
8. Whether he/she received compensation/resettlement benefits 8.1 Category of loss…………………………………………………………………………………………………...... 8.2 Amount of Compensation (in KZT)……………………………………………………….Date of receipt……………………………
9. Whether the compensation amount/benefit is adequate according to his/her lost asset or not ……………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………….. 10. How does he/she plan to utilize or already utilized compensation money?
a. Land purchase b. business promotion c. others ………………………………………………………………………………… 11. What does he/she feel about his/her present economic and social condition? Better off or worse off. If worse off, why?......
12. Whether he/ she had employees/ workers in the business unit and enumerated during survey?
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12.1 Yes No If yes details of the workers {Name, address (contact number) and age}. 12.2 Did he lose his job due to the project? Yes No 13. Anything to say about the project/payment procedure/compensation amount/dealings of the officials, etc ………………………………………………………………………………………………………………………………………………………… ………………………………….………………………………………………………………………………………………………………….…
Signature of the Interviewer with Date………………………
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Annex-II Summary report on grievance resolution
Under LARP-I ( Km 305-km331) Up to June 2012
Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 1 January, Km 305- Taskynov Merke d., People paid for opening the A letter to KazPost was sent Resolved 2011 331, Nurzhan Kostogan account in Kaz Post. + by RD on 24.08.2011. KazPost Zhanatogan r.d., 7000KZT. sent the reply to RD on Kulbayev 28.09.2011 which states that str., 90 the charge of 7000 KZT was taken from AP because he had obligations to Tax Department. 2 January, Km 305-331 PK “Aspara”, 8777964418 Problem with irrigation system Contractors already explained Resolved 2011 Aspara v. Mikheev 0, Merke d., and not only for them, but also to AP that new pipes will be Gennadiy Aspara r.d., for many households in their suit to the old pipes. So, they Ivanovich, Tsentralnay rural district. will not have any problems Bayzhumano a str., 2 with irrigation system. v Zharylkasyn Ayupovich 3 January, Km 305- Dzhumatayev Merke d., No access road to his land plot. Access road has been Resolved 2011 331, Merke, Ali Sarymolday There is not availability to constructed every 10-15 km. Zhanatogan ev r.d., cultivate and plant anything on People can access to their Serikbayev the remained plot. land plot using new access str., 23 road. If they can’t access land plot, remained land plot can be acquired.
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Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 4 July, 2011 Sarymolday Residents of LLP "Kyzylorda Kyzylkum Contractors repaired the road. Resolved ev r.d., str. Korygy" exported gravel-sandy And after that time, Vehicles Akhtamberdi Ahtamberdie mixture on the str. with materials don't drive on yev str. va, Ahtamberdieva to the the str. Ahtamberdieva. v.Sarymoldae construction site of KCC.
va, Merke More than 100 trucks were region transporting gravel and soil It was confirmed that 10 ha of Resolved through the village violating rules land refer to land reserves of of road traffic and road rural district. Also there were maintenance. This led to small another 2 companies who cracks in some houses and transported soil and gravel other buildings. More than 10 ha through this street for another of natural pasture land was purposes (not for project). destroyed; therefore they have Contractors repaired the road. difficulties with food for livestock. According to these people, infringements were made by Kyzylorda Kyzylkum LLP, which has been transferring the soil and gravel and delivered it to “KCC” company. 5 October Km 305-331 PK “Aspara”, 8777964418 According to land department of The letter from RD was sent to Not 26, 2011 Aspara v. Mikheev 0, 25040, Rayon Akimat the acquired land SPCLR (Scientific Production resolved Gennadiy 25587, area is 46,5 ha. AP already Center of Land Resources) in Ivanovich, Merke d., received compensation, but now order to confirm the exact Bayzhumano Aspara r.d., he states that the acquired land acquired area of plot. Zharylkasyn Tsentralnay area is equal to 90 ha. He asked He still didn’t receive any Ayupovich a str., 2 to confirm this. answer from RD. 6 March 2, str. Abay, Residents of Transportation of stone materials KCC cleared ditches. Noise Resolved 2012 Andas- str. Abay from the quarry on the str. Abay and vibration near the mosque Batyra rural v. Karpyk-Batyr to concrete plant and school was monitored. district, v.Kenes and construction roads. Alternative way was followed.
Merke Residents don't want that the No complaints remaining on region. streets are being used for those these issues heavy trucks.
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Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 7 June 12 Aspara, (Km Seidualiyeva There was a Café at Km 324 of The Specialists of 2012 324) Nazim Old Almaty-Tashkent road. The Construction Supervision Resolved land is owned by Seidualiyeva Consultants (DOHWA) have Nazim and she rented out this visited the site in several land to others for Café business. times. Social Development She owns a total of 1.37ha land Specialist along with the which is adjacent to the old road. complainants again visited the Now due to changing of the road site on 13 June 2012. On (Km 305 to Km 331) alignment social and technical point of that business is closed. She view the DOHWA wants to re-establish the Café recommends for allowing the (Hotel) centre with dining facility, applicants for access to the fuel station and other public new road. In the service complexes. The land is circumstances it is decided to about 35 meter away from the construct ramp by applicant road alignment. This 35 meter herself. land is owned by Republic of Kazakhstan. Seidualiyeva Nazim wants access to the road from her land through this government land.
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Status of the grievance resolution under LARP-II (Km 331-389) Up to June 2012 Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 1 May, 2009 Km 358+600 Honey sellers Honey sellers have been Roadside honey vendors have Not - 378+400 on the working from 1995y. Some of agreed with RD to be resolved Merke roadside them work within 24 hours, relocated to another place. some of them just in day time. But, some honey vendors Compensation was not paid. don’t want to move other site in their inward thoughts. They have again applied to the MOTC and Local Akimat on 19 December 2012 for compensation and relocation. Decision is still pending. 2 May, 2009 331-389 Dzholdasova Asked to make cattle track and Cattle tracks have been Resolved Zhanaturmy Tynyshkul, overpass for agricultural constructed on the km s, Ryskulov Kulbayev machinery. 338+630,km 345+541, km r.d Zhetpisbay, 353+980. Overpass for Satylganov agricultural machinery was not Alpymash, envisaged by project in this Togayev section Niyazaly, Bugirayev Primkul, and otehrs 3 May, 2009 331-389, Agayev 40867, Merke No access road to his land Access road will be Resolved Merke, Ibragim d., Sarybulak plot. constructed every 10-15 km. Sarymolday r.d., People alleged 200000 KZT People can access to their ev Syrlybayev for making access road to his land plot using new access str., 8 land plot. road. If they can’t access land plot, remained land plot can be acquired. 4 September Kazakh v. Niyazkulov O. “Kazakhdorstroy”LLP had Problems are connected with Resolved 15, 2010 taken the soil of “Dulat” which quarry. Quarrying has been is owned by Demegenov allotted around the land S.during. perimeter, not his land. CAREC‐Zhambyl Oblast Section, Tranche 2 41
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Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints The natural channel around the quarry was not impacted. 5 November Kazakh v. Inkarbekov Е. Cattle-crossing was shifted In order to prevent vibration Resolved 11, Bekbolatov Т. from PK 389+170 to PK impacts, contractor increased 2010 Dabyltayev Т. 386+670. the distance from the road to Esimov S. An impact of the vibratory the houses. The distance from Resolved Niyazkulov О. rollers led to some cracks on the bottom of the slope to the the wall of houses. buildings will be increased to 30m. 6 November Zhanaturmy Aiymbekov The impact of the vibratory There was a meeting with Resolved 18, s v. Zh. rollers led to some cracks on participants of ADB and local 2010 Shanbayev N. the wall of houses which are residents regarding this Zhunisbayev built near the project road. problem and decided to give 1 A. ton of cement. All 9 (nine) Satybaldiyev families received 1 ton of T. cement. Nutayeva T. Laboratory tests on vibration Boribayeva were conducted by the ZhB“KESO Otan” LLP. The conclusion of this laboratory was that it didn’t exceed the permissible limits, according to GOST 23337-78, GOST 12.1.036-81. 7 January, 8(72631) Abdirakhmano 8(72631) Landowners adjacent to a soil A protocol was issued after the Resolved 2011 53409 v Murat 53409 borrow pit allege the joint site meeting of 20/1/2011, Kuanyshevich excavation has disrupted the stating that the complainants local irrigation system and did not have a legal right of access for driving livestock. access. Borrow excavation has not disrupted irrigation system. 8 April, 2011 Km 370 Beksultanov 87051043739 Arable irrigated land (perennial After the court decision the Resolved (end of Merke Amanbay grass). H/h did not agree for compensation amount became Bypass, full Zeinegul valuation amount provided by much higher. Agreement was width for 500m) RD. made. Compensation paid.
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Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 9 April, 2011 Km 370 Abdrakhmano 872632505688 Private land (for constructing The court made decision to Resolved Aktogan v Maksut 7017761891M petrol station, restaurant, pay compensation for 0.09 ha erke, Ismailova cafe). H/h did not agree for on November, 2011. The str 1A valuation amount provided by compensation is not paid yet. RD. 10 April, 2011 Km 370 Argynbayuly 87263244397, Arable irrigated land (perennial After the court decision the Resolved Aktogan Rahymbay 87022838867, grass). H/h did not agree for compensation amount Merke, valuation amount provided by increased. Agreement was Zhambyl r.d., RD. made. Compensation was Ismailov, 5 received. 11 April, 2011 Km 364 Nartbayev 870177549848 Irrigated arable land (perennial The petition was sent to the Not Zanaturmys Yernazar 705737185787 grass). H/h did not agree for court by Akim of Merke Rayon resolved 263221539 valuation amount provided by on 09.06.2011. Merke RD. Owner doesn’t agree with d., proposed compensation in Kemelbekov 9000 tenge for 0,021 ha. str., 34 Owner proposed complaint to land department of Merke region, but couldn’t receive the answer. 12 April, 2011 Km Tynybekova Merke d., Private commercial land with Land was evaluated at market Resolved 364+785, Aliya Aktogan r.d., petrol station (21m2). After price. The agreement was Km 371 LHS (husband Demesinov new law (“About State made. Compensation amount Aktogan v. Talgat) str., 3 (from property” from 10.03.2011, increased. survey group), para 6 “Compulsory Land 87011832256, acquisition of the land plot for 87057373118, government needs”) the 87263235480 compensation amount for private land decreased. H/h did not agree for valuation amount provided by RD. 13 June, 2011 Km 372 Baudankyzy Merke, She was not included in the list Court decision was to refuse to Not Aktogan Akzhar Aktogan rural of APs, but states that her land acquire this petrol station as it resolved district, plot and petrol station must be is not affected. Appeal Zhambyl str., acquired. Commission will be on the 4th 13 of November. He still didn’t receive any CAREC‐Zhambyl Oblast Section, Tranche 2 43
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Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints answer from Appeal Commission.
14 July, 2011 km 384+130 Residents of Because of road construction, Instant access road (asphalt) Resolved Zhanaturmy village Tole bi the old gravel roads were connecting to previous road s v. and closed. They requested to was constructed B.Momyshuly construct additional road or str. ramps to old roads 15 March, Km 357+800 Seidualiyeva Owner of fuel station and The matter has already been Resolved 2011 RHS Major Nazym nearby cafe inside the junction solved in the court and Junction ramps does not agree with compensation was paid to AP Merke compensation offered by according to the court MOTC. decision. 16 July 07, Aktogan v. akim of 35419 In connection with the spring The channel was withdrawn to Resolved 2011 Aktogan v., floods on Nartayev and the pipe that is located at PK Omirbekov O. Amangeldi streets, water is 372+076. flowing and hampered by the project road. The accumulation of water leads to the concrete sinking to the nearly located houses. People ask to make a withdrawal of the channel. 17 July 08, Aktogan v. Nartbayev His house is located too close More than 100 houses are too Not 2011 in Nartpayev to the road. The distance from closer to the road. resolved str. km axes to house is 29m. Akimat and region land 372+900 In accordance with the Law of department sent this problem RK "on Motor roads" from to RD for compensation 07.07.2001., Part 2. Article 7, (December 2012).
the size of right-of-way from Project is almost completed. the road axis should be 35m. Such these types of The house turns out under the complaints cannot be right-of-way entertained
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Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 18 July 11, Zhanaturmys “Bayan &K” Ryskulov d., Water pipe was removed, so The elimination of the pipe Resolved 2011 v. GP – Togaev Zhanaturmys 16 families have to use was planned at 383+784 km S.K., “Zhana- r.d. mountain water. In the reply according to the project. At Turmys-98” from Akimat is written “all of that time, the road pavement LLP – them have asked and that is works have been executed Zhamalbekov why we have taken it”. But there. The residents of K., Aksaray” none of members of LLP-98, Zhanaturmys v. have hh – Togaev “Aksaray” hh, “Bayan & K” TS requested a new pipe to be N.K. have been informed and none built.
of them put their signatures. And regarding to this problem These people are worried it was decided to build a about what can happen with borehole (well). The contract daily living and crops without has been signed by the water. subcontractor “Gidreologia” LLP. The construction of borehole (well) is ready to start. 19 August 17, Zhanaturmys Almekerov They requested to pave the Construction of culvert and Resolved 2011 v. Talgat top soil of the road with milled collars (rings) are needed to Kabylbekuly material, starting from the continue the water flow to the Mayor of eastern side (burial place) to cropping field
Zhanturmys v. the western side, as well as the installation of culverts was the construction of the pipe on not included in the project. the mountain road side, Nevertheless, a culvert and through the ditch for the required collar rings were passage of the agricultural provided by the project. machineries. 20 August 12, Zhanaturmys Residents of There is accumulation of water Water accumulation is not 2011 v. Zhanaturmys in the cattle-crossing. observed. Resolved v. Regarding to the road safety, The road signs are not all the road signs are installed Resolved installed on the entry and exit in accordance with the order of Zhanaturmys road. for work production agreed with the traffic police.
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Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints 21 August 12, Zhanaturmys Residents of The ditches contaminate with All the ditches that were 2011 v. Zhanaturmys old asphalt of the road. located near the old road, hit Resolved v. the right-of-way of the new road construction. Contractor removed the construction wastes, concrete products and topsoil from the construction site, and will remove the remnants of construction wastes from the site in the further production works. 22 August 12, Zhanaturmys Residents of There is one ramp indicated in Instant access road (asphalt) 2011 v. Zhanaturmys the project, people ask for an connecting to previous road Resolved v. additional ramp. was constructed 23 September Zhanaturmy Residents of They requested construction of Bypass road was constructed. Resolved 13, 2011 s v., Tole bi village Tole bi bypass road, and filling with The sang-gravel mix was filled & and B. crushed stone and sand-gravel on this site (on September, Momyshuly Momyshuly mix. Approximately length is 2011). Access road was str str. 100m. constructed 24 April 2011 Km 371 LHS The new road comes closer to Internal monitoring was Resolved Zanaturmiz some houses outside the conducted by specialists from ROW. The owners complained engineer and Ecologists from about it. contractor on the km 371. It was confirmed that everything meet their standards. 25 April 2011 Km 382+977 Villagers have requested an The additional cattle-crossing Resolved Zhanaturmy additional cattle crossing at was constructed. But it is too s v. Km 382+977. low from ground level and can be flooded. The additional pipe was constructed on km 382+956 for account of the Contractor. 26 April 2011 Km 382+977 Some alleged broken Windows were replaced. Resolved Zhanaturmy windows, cracks, and Grievances on a dust and s v. noise/dust/vibration(around vibrations have been resolved Km382+300) together with representative of CAREC‐Zhambyl Oblast Section, Tranche 2 46
Bi‐annual Social Monitoring Report December 2012
Date of Status Resolved/ receiving Approximate Name of Contact Description of complaints No (What actions have been Not the Location complainant information (Problematic issues) taken) resolved complaints PMC. 27 January Zhambyl v. Orazbayev О. People asked to build another Visiting meeting was Resolved 25, 2012 Salahov К. cattle-cross near the village, conducted with participation of Ismanov R. as the distance for the cattle- engineer, representative of crossing is 4,5 km and it contractor and local residents creates inconvenience for the about the construction of a driving of cattle. new cattle-cross in this area. People asked to build one more cattle-cross in the bridge area of Big Chu Channel, as earlier there was 2-levelled bridge where the cattle could pass freely. Nowadays, there are about 3000 cattle. 28 March 6, Km 389+101 Niyazkulov Kazakh village, Because of road construction In accordance with the Resolved 2012 Kazakh Omen 62, Abay street (off ramp for the farm and side General conditions of the walk), 2.7 ha of his land FIDIC 2006, Kazakhdorstroy Phone : (“Dulat” peasant farm) was sent letter to RD for asking 5-30-15 taken without payment. how to take action to resolve the problem (March 13, 2012).
In accordance with the design documentation and the arrangement plan of “Off ramp for the farm and sidewalk” taken area of “Dulat” peasant farm is 0.044 ha.
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Bi‐annual Social Monitoring Report December 2012
Status of the grievance resolution under LARP-II (Km 331- 389)
From July to December 2012
Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints 1 July 04, Km 369+700 Soleimanov Sh. Zhambyl V., The aggrieved persons have The Contractor has Resolved 2012 Zhanaturmy Aliev S. Merke 1000 ha cropping field and a constructed ramp in the s cemetery at km 369+700 of required areas Zhambyl village, Merke Region but due to construction of the road the access to the cropping field has been disrupted. They can not drive their agriculture machineries to harvest the crop. They want an access road/ramp from the road at km 369+700. They didn’t put written complaint as yet. This is their first written complain. 2 30 Zhambyl v. Salahov Zhambyl To date he has not left the ramp The ramp cannot be provided Not November, Kazbek oblast, Merki from automobile road to his in this location due to traffic resolved 2012 Damenuly Region, DAMEN peasant farm. He has problem. There is a U-turn Zhambyl big trucks, combines; tractors there and construction of ramp village, and he requested to leave the will be dangerous. Ismailov St., way for the entry and exit. 30 3 30 Zhanaturmy Usenova 8 705 241 A toilet constructed very close to Based on the actual Solved November, s Gulzat 04 28 (mob) her café (Ak Jol), (15 meters) measurements (survey) it was 2012 Zhazhorbayevn 5 29 24 but according to Sanitary Norms identified that the distance a (home) of RK the distance between between toilet and café projected toilet and café should corresponds the sanitary be at least 50 meters, so she norms. Zhambyl oblast asks to shift this toilet to another Department CoR in its letter place. Ref. No 13-1-4/1797 dated 19 December, 2012 rejected the request of complainant, because the project passed the CAREC‐Zhambyl Oblast Section, Tranche 2 48
Bi‐annual Social Monitoring Report December 2012
Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints state expertise, agreed with local akimat and due to the completion of construction works of Contractor KDS LLP.
4 29 Usenova 8 705 241 She needs ramp to her café (Ak Contractor already constructed Resolved November, Gulzat 04 28 (mob) Jol). stairs as an access to her café. 2012 Zhazhorbayevn 5 29 24 The owner of café decided to a (home) construct the ramp herself. 5 26 Zhambyl v. Residents of 4 43 97 Residents of this street (16 Not 16, but 5 ramps were Resolved November, Ismailova St., (home) houses) want ramps to each of constructed to these houses (1 2012 Zhambyl Ismailova the house. This street is at the ramp for 4 houses and 1 ramp village, Merki St., 5 entrance of the Merke and due to the crops) by Region Argynbaiuly to construction of the entrance Kazakhdorstroy without R. road the ramps are not left to additional cost to Employer. these houses, because it`s not considered by the Project. 6 19 Aktogan v. Alimbayev Kunanbaye 1) To date walls of his 1) According to our Resolved November, Kyrgyzbai v St., 1, house have big cracks investigation the house is not 2012 Aktogan because of the equipment of affected by the Project village Kazakhdorstroy passing their because it is located 60 3-54-14 street. meters away from the (home) 2) He suffers in spring and constructed road and house is autumn because of the very classified as an old house that big water flow from mountains. is the reason for cracks. Before there was a little culvert Anyhow as a help Contractor and they diverted the flow of (KDS LLP) provided this the water to fields. Now due to complainant with two bags of construction of the road this cement for repairing of the culvert was removed and cracks. nothing is there instead of this 2) KDS LLP surveyors culvert. made a survey of that section and submitted the survey results to DOHWA. It`s possible to construct there a CAREC‐Zhambyl Oblast Section, Tranche 2 49
Bi‐annual Social Monitoring Report December 2012
Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints drainage/channel for water flow but because of the Beeline cable passing there it can be constructed only if it will cross the private land. (Land plot of neighbors located Not opposite to the house of resolved complainant). The claimer was asked to make an agreement with land owners about this. . 7 06 Zhanaturmys Adilov 8 705 797 He wants ramp to his mill, Everything was done. Resolved November, v. Kaldybek 79 08 (mob) relocation of water line and 2012 5-31-71 leveling of territory. (home) Dosymbek St., 61, Zhanaturmy s village, Ryskulov Region 8 19 Merke (km Lesnova O., 8 778 673 Before the road construction The application was sent to Not December, 3+00 at Lemeshko N. 63 79 started honey vendors stayed MOTC Taraz and Merki resolved 2012 Merke-Shu (mob) without authorization along the Regional Akimat. Waiting for road). Merke Almaty-Taraz road, then when their answer. village, they were forbidden to sell their Parkovaya honey that side, they shifted to St. 1/1 another road Merke – Shu road. Now when the new Almaty road is opened there is not so much traffic on the Merke – Shu road and that`s why their business is running very slow. So now they want MOTC Taraz to give permission to put their trading booth at Km.355+200 (old road along Almaty- Taraz new road). CAREC‐Zhambyl Oblast Section, Tranche 2 50
Bi‐annual Social Monitoring Report December 2012
Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints 9 29 Merke Deputy of Merki Merki There was an arch of the region The arch will be constructed in Not November, Regional Akim` Regional (passport) on the west side of March, 2013 resolved 2012 Mr. Smailov K. Akimat the previous road. Due to the reconstruction of access road this year the arch of Merki region was removed by the Contractor. Due to the completion of road construction in the above mentioned area it`s necessary to reconstruct the arch because the arch in the entrance to the village symbolizes the regional identity and beauty. 10 27 Merke Local residents Construction of Ramps to the Kazakhdorstroy LLP has Resolved November of Ismailov houses No. 9-23 Local residents constructed 5 Ramps parallel 2012 Street, of Ismailov Street, Zhambyl to the motor road at the km Zhambyl village, Merke Rayon 0+88-0+91, 1+79-1+82, 2+75- village, Merke 2+80, 3+93-3+96 & 4+60-4+65 11 July 2012 Zhanaturmys Local residence Additional Cattle Crossing at The Contractor Resolved v. of Zhanaturmys Km. 366+540 as per the demand ‘Kazakhdorstroy’ has already Village, of the local villagers at completed the construction of Zhanaturmys Village. additional cattle crossing at Km. 366+540 . 12 July Zhanaturmys BEE Line Relocation of the existing fiber- The Contractor Resolved 2012 v. Telecom optic cable line owned by ‘Kazakhdorstroy’ has already Km 370 telecom company BEELINE completed this work with a total length of approximately 6.5 kms 13 November Local residence Construction of Category-5 road The work has been completed Resolved 2012 Zhanaturmys of Zhanaturmys as per the demand of the local as required by the villagers v. village villagers of Zhanaturmys Village with a total combined length of 1.685 kms that will connect the 5 existing roads in to the Project road. 14 July 2012 Village Inhabitants of The Employer has Construction of this ramp Resolved
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Bi‐annual Social Monitoring Report December 2012
Date of Approximat Status receiving Name of Contact Description of complaints Solved/ No e (What actions have been the complainant information (Problematic issues) Unsolved Location taken) complaints Merke Merke village considered the request of has been completed the local people from the Zhambyl Region in Merke village for the construction of an additional ramp at Km. 369+780 that will serve as access road to the existing cemetery.
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Bi‐annual Social Monitoring Report December 2012
Status of the grievance resolution (Depot) Up to December 2012
Date of Status Resolved/ Discussion receiving Name of Contact No Location Description of complaints (What actions have Not (A way of solving the complainant information been taken) resolved problems) complaints 1 Merke There were no complaints and social problems as of December 2012 2 Akyrtobe There were no complaints and social problems as of December 2012 3 Otar There were no complaints and social problems as of December 2012 4 Kordai There were no complaints and social problems as of December 2012
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Bi‐annual Social Monitoring Report December 2012
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