Waterresources Development Investment Program

Home , Chimtal District, Dawlatabad District

Resettlement Plan for Construction of Bangala Weir

November 2013

AFG: Water Resources Development Investment Program – Tranche 1

Prepared by: Ministry of Energy and Water for the Asian Development Bank.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

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.

ISLAMIC REPUBLIC OF AFGHANISTAN MINISTRY OF ENERGY AND WATER

WATER RESOURCES DEVELOPMENT INVESTMENT PROGRAMME TRANCHE 1 ADB Grant No. 0167-AFG

NORTHERN BASINS DEVELOPMENT AND FLOOD MANAGEMENT

CONSTRUCTION OF BANGALA WEIR

LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)

October 2013

Submitted by SIM S.p.A. Afghanistan

Ministry of Energy and Water SIM (SpA) Kabul, Afghanistan Kabul, Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

TABLE OF CONTENTS

Page

Table of i Contents...... iv Abbreviations...... v ...... viii Glossary...... Executive Summary......

1. INTRODUCTION...... 1 ...... 1 1.1 1 Background...... 2 ...... 3 1.2. Project Location...... 1.3 Rationale and Objective of the LARP...... 1.4 LARP-related Conditionality......

2 SCOPE OF LAND ACQUISITION AND 4 RESETTLEMENT...... 4 2.1 Census 4 Survey...... 4 2.2 Types and Summary of 4 Impacts...... 5 2.3. Impact 5 Assessment...... 6 2.3.1 Affected Households and 6 Persons...... 2.3.2 Impact on Land...... 2.3.3 Impact on Crop- Land...... 2.3.4 Impact on Vulnerable Population...... 2.3.5 Impact on Sharecroppers, Tenants and Leaseholders......

3 SOCIOECONOMIC PROFILE OF THE AFFECTED 7 PERSONS...... 7 3.1 Demographic Profile of the Affected 8 Persons...... 9 3.2 Household Status of the 10 ______Page | ii SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Ahs...... 3.3 Economic Profile of the Affected Households...... 3.4 Standard of Living Indicators......

4 LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS…………….. 12 4.1 Policy & Legal Framework for Land Acquisition and Resettlement... 12 4.2 Relevant Land Acquisition and Resettlement Legislation in Afghanistan...... 12 ...... 4.3 Relevant Provisions from the Law on Land Management in 12 Afghanistan...... 13 4.4 Relevant Provisions from the Law on Land Acquisition in 14 Afghanistan...... 15 ...... 15 4.5 ADB’s Policy on Involuntary 16 Resettlement...... 16 4.6 Policy Differences and 16 Reconciliation...... 4.7 Principles and Policies for the Project...... 4.8 Compensation Eligibility & Entitlement………………………………. 4.8.1 Eligibility………………………………………………………... 4.8.2 Compensation Entitlements......

5 PUBLIC CONSULTATION AND DISCLOSURE…………………………… 18 5.1Consultation...... 18 .... 20 5.2 Disclosure......

6 GRIEVANCE REDRESS 21 MECHANISM...... 21 6.1 21 General...... 22 ...... 6.2 Grievance Redress Committee...... 6.3 Proposed Measures to Address Grievance......

7 INSTITUTIONAL FRAMEWORK……………………………………………… 23 7.1 Institutional Arrangements……………………………………………… 23

8 LARP BUDGET AND 24 FINANCING...... 24 ______Page | iii SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______8.1 Institutional 24 Arrangement...... 8.2 Budget Description......

9 IMPLEMENTATION SCHEDULE AND PREPARATORY 25 ACTIONS...... 25 9.1 LARP 25 Implementation...... 9.2 Implementation Schedule......

10 MONITORING AND 26 EVALUATION...... 26 10.1. Internal Monitoring...... 26 10.2 External Monitoring...... 27 10.3 Reporting......

List of Figures

Figure 1: NBD 1 Location...... 2 Figure 2: General Plan of Bangala 22 Weir...... 23 Figure 3: Grievance Redress Mechanism……………………………………………. 25 Figure 4: Organizational Structure for Implementation of the LARP……………….. Figure 5: LARP Implementation Schedule......

List of Box

Box 1: Jirga on Land Price 19 Determination......

List of Tables

Table 1: Summary of 4 Impacts...... 5 Table 2: Affected Households and 5 Persons...... 5 Table 3: Impact on 5 Land...... 6 Table 4: Affected Land 6 Type...... 7 Table 5: Ownership Status of the Affected 7 Lands...... 7 Table 6: Loss of Crops- 8 Land...... 8 ______Page | iv SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Table 7: Impact on 8 Sharecroppers...... 8 Table 8: Distribution of Affected Persons by 9 Gender...... 9 Table 9: Age Distribution of Affected 9 Persons...... 9 Table 10: Literacy Status of the Affected 10 Persons...... 10 Table 11: Marital Status of the Affected 10 People...... 11 Table 12: Family Structure and Composition...... 15 Table 13: Affected Households by Religion and Ethnic 15 Classification...... 17 Table 14: Gender of Household 18 Heads...... 24 Table 15: Distribution of Household Heads According to 26 Age...... Table 16: Education Level of Household Heads...... Table 17: Occupation of Household Heads...... Table 18: Yearly Income of Affected Households...... Table 19: Source of Income of the Affected Households...... Table 20: Average Household Expenditure (in Afn)...... Table 21: Asset Status...... Table 22: Standard of Living Indicators...... Table 23: Comparison of Law on Land Acquisition in Afghanistan and ADB’s Policy...... Table 24: Entitlement Matrix...... Table 25: Consultation Program...... Table 26: Summary of Cost Estimate and Budget...... Table 27: Internal Monitoring...... Annexes

Annex 1: Census and Socioeconomic Survey 28 Questionnaire……………………….. 39 Annex 2: Letter to PD PMO on Cut-Off 40 Date…………………………………………. Annex 3: Jirga on Market Price of Land under Acquisition for Bangala 41 Weir...... 42 ______Page | v SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Annex 4: Letter of PIO to MEW on Price of Land under Acquisition for Bangala 46 Weir...... Annex 5: Minutes of Meeting & Participants 47 List………………………………………. 49 Annex 6A: List of Affected Households, Affected Property and Compensation...... Annex 6B: List of Affected Households including Sharecropper, Affected Property and Compensation...... Annex 7: Public Information Booklet…………………………………………………….

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ABBREVIATIONS

ADB : Asian Development Bank AF : Affected Family AFN : Afghan Currency AH : Affected Household AP : Affected Person EA : Executing Agency ESSU : Environmental and Social Safeguard Unit GoA : Government of Afghanistan GRC : Grievance Redress Committee HH : Households IA : Implementing Agency IOL : Inventory of Losses LAR : Land Acquisition and Resettlement (impacts) LARP : Land Acquisition and Resettlement Plan MAIL : Ministry of Agriculture, Irrigation and Livestock MEW : Ministry of Energy and Water MFF : Multitranche Financing Facility MEW : Ministry of Energy and Water, Afghanistan NBD : Northern Basins Development NOL : No Objection Letter PMO : Program Management Office RBA : River Basin Agency RF : Resettlement Framework WRDIP : Water Resources Development Investment Program WUA : Water Users Association

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GLOSSARY

Affected Family : All members of a household residing under one roof and operating as a single economic unit; who are adversely affected by the Project or any of its components. It may consist of a single nuclear family or an extended family group.

Affected Person (AP) : All the people (or household) affected by the Project through land acquisition, relocation, or loss of income; and include any person, household [sometimes referred to as project affected family (AF)], firms, or public or private institutions. APs, therefore, include (i) persons whose agricultural land or other productive assets such as trees or crops are affected; (ii) persons whose businesses are affected and who might experience loss of income due to the Project impact; (iii) persons who lose work/employment as a result of Project impact; and (iv) people who lose access to community resources/property as a result of the Project.

AFN : Local currency of Afghanistan, which is the Afghani.

Assistance : Support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets.

Category B : A proposed project is classified as category B if it includes involuntary resettlement impacts that are not deemed significant. A resettlement plan, including assessment of social impacts, is required.

Census : The pre-appraisal population record of potentially affected people, which is prepared through a count based on village or other local population data or census.

Compensation : Payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value.

Cut-off date: The date after which people will NOT be considered eligible for compensation, i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off-date is the date of the detailed measurement survey.

Detailed measurement survey : The detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground.

Displaced Persons : People who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Encroachers : People who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the Project. The term also refers to those extending attached private land into public land.

Entitlement : The range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and relocation which are due to business restoration which are due to APs, depending on the type and degree /nature of their losses, to restore their social and economic base.

______SIM S.p.A. Page | v Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Expropriation : Government’s action in taking or modifying property rights in the exercise of sovereignty. External Experts : Experts not involved in day-to-day project implementation or supervision.

Income Restoration : The measures required to ensure that APs have the resources to at least restore, if not improve, their livelihoods. Restoration of incomes of all affected persons is one of the key objectives of ADB’s resettlement policy. It requires that after resettlement, all of the affected persons should have incomes that are at least equivalent to their pre- project income levels or otherwise improvement. Though resettlement programs should be designed to help improve the standards of living and income levels of the affected population, they must as a minimum be restored.

Inventory of Losses : The pre-appraisal inventory of assets as a preliminary record of affected or lost assets.

Jerib : Traditional unit of land measurement in Afghanistan. One Jerib is equal to 2000 square meter of land. 5 Jeribs make 1 hectare.

Jirga : Pashto language meaning a community development council or assembly.

Land Acquisition: The process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation.

Non-titled : People who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation.

Physical Cultural Resources : Movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archeological, 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. Their cultural interest may be at the local, provincial, national, or international level.

Program : Water Resources Development Investment Program funded by ADB.

Project : The Road Network Development Sector Project funded by ADB.

Rehabilitation : Compensatory measures provided under the Policy Framework on involuntary resettlement other than payment of the replacement cost of acquired assets.

Replacement Cost : Replacement cost means the amount needed to replace an asset and is the value determined as compensation for: i. Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes; ii. Land in urban areas: it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and ______SIM S.p.A. Page | vi Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______located in the vicinity of the affected land, plus the cost of any registration and transfer taxes; iii. Houses and other related structures based on current market prices of materials, transportation of materials to construction site, cost of labor and contractor’s fee, and any cost of registration and transfer taxes. In determining replacement cost, depreciation of assets and value of salvaged building materials are not taken into account and no deductions are made for the value of benefits to be derived from the project ; iv. Crops, trees, and other perennials based on current market value; and v. Other assets (i.e. income, cultural or aesthetic) based on replacement cost or cost of mitigating measures.

Resettlement : All the impacts associated with land acquisition including restriction of access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition.

Significant impact : If 200 people or more APs experience major impacts, which are defined as : (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

Squatters : Same as non-titled and includes households, business and common establishments on land owned by the State.

Shura: Local institution which represent the seniors of a rural community. They are mostly the decision makers at village level. There are two types of Shura - NSP/MRRD established shuras and tribal shuras. NSP shuras or CDCs are responsible mostly for developmental work while the tribal shuras are responsible for conflict resolutions, jirgas etc. Currently both shuras function for both responsibilities and are represented by the same group of people.

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EXECUTIVE SUMMARY

1. Introduction and Impact Summary

1. The Government of Afghanistan (GoA) is implementing the Water Resources Development Investment Program (WRDIP - the Program) under Tranche 1 of the multitranche financing facility (MFF) of the Asian Development Bank (ADB). The purpose of the Program is to increase the productivity of irrigated agriculture and improve environmental sustainability due to improved water resources management through infrastructure development, capacity building and institutional strengthening.

2. One of the components of Tranche 1 is the Northern Basins Development (NBD) that entails construction of new Bangala Weir as part of its sub-projects. The Ministry of Energy and Water (MEW) as the executing agency (EA) is responsible to implement the project through its existing Program Management Office (PMO), supported by a team of Implementation Consultant.

3. NBD area is located on the north of Afghanistan. The Bangala Weir across the Balkh River is located at about 35 km west from Mazar-e-Sharif city of Balkh Province. The area is bounded to the east by the Nahri Shahi District, to the south by the Chimtal District, to the west by the Chahar Bolak District, and to the north by the Dawlatabad District.

4. Census and Socioeconomic Survey data demonstrate that construction of new Bangala Weir will require permanent acquisition of some strips of agricultural land along either side of the existing Balkh River, in the districts of Balkh and Chimtal. The area of affected land is estimated at about 31.747 Jeribs (63494.18m²). This will cause unavoidable land acquisition and resettlement (LAR) impact on 12 HHs - 9 land titleholders and 3 sharecroppers. This will involve 161 affected persons (APs) in these affected families (AF) - 77 male and 84 female. To address this LAR impact, the Government has prepared this Land Acquisition and Resettlement Plan (LARP), complying with the existing Law on Managing Land Affairs of Afghanistan and the ADB’s safeguard requirements on involuntary resettlement under the Safeguard Policy Statement (2009), adhering to the principles and procedures outlined in the Resettlement Framework (RF) adopted by the Government for the WRDIP.

5. This LARP for construction of the Bangala Weir is based on the final technical detailed design as of May 2013, prepared by the Implementation Consultant under the Program. It includes inventory of all the APs covering the actual magnitude of impact on their property, together with compensation for their losses. A summary of impact is presented in Table 1.

Table 1: Summary of Impacts

Impact Category Magnitude of Impact Remark Number of Affected Households 12 Number of Affected Persons 161 Number of Affected Male 77 Number of Affected Female 84 31.747 Jerib* Total Area of Affected Land 6.35 Hectares ( 63494.18m²) This quantum of land is part 12.622 Jerib of the total area of affected Land Area of Affected Crops (25244m²) land, and therefore does not involve any additional

* 1 Jerib = 2000 sq meters acquisition. ______Page | viii

Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______6. Implementation of the sub-project’s physical works will not require acquisition of any residential houses or buildings and will not cause any major impact involving physical displacement of any household. The effects of land acquisition on APs will be small, and the affected households (AHs) will be able to use the remaining unaffected portion of land which will be sufficient to continue their agricultural activities. Thus, the impact on the affected families can be considered as insignificant.

2. Compensation Eligibility and Entitlement

7. Households entitled to land compensation are AHs with (i) title, (ii) official deed, (iii) unofficial written deed, or (iv) AHs that in absence of these documents are declared as legitimate traditional holders of the land they use by shura, jirga or elders of the local village. All AHs will be compensated for loss of any other assets.

8. Compensation eligibility will be limited by a cut-off date, the last day of Census and Socioeconomic Survey which is 29 May 2013. This survey will also serve the purpose of cut-off-date for the non titleholders as well. APs who settle in the affected areas after the cut-off date will not be considered eligible for compensation, i.e., they are not included in the list of APs.

9. The entitlement provisions for APs suffering different types of losses and for rehabilitation allowances are detailed below: i. Agricultural Land: In case of permanent land impact, land will be compensated to the titleholders in cash based on market price/rates agreed by the AHs. The land rates were estimated in a Jirga held on 20 January 2010 in the office of the Director of Balkh Sub-River Basin in Mazar-e-Sharif. The negotiated rates were reaffirmed by the affected households in a meeting held on 03 June 2013 in the PIO office in Mazar-e-Sharif, where the AHs again acknowledged the rates as satisfactory. ii. Crops: Compensation cost for standing crops on area basis of orchard land was also estimated in the same Jirga that was held on 20 January 2010 and was reaffirmed in the subsequent meeting of 03 June 2013. For the sharecroppers, there will be cash compensation for the lost harvest. Here the market value of annual crop loss is considered to be 15,000 Afn per Jerib, as agreed in the Jirga. There will be an additional one-time severe impact allowance for the land titleholders those will suffer loss of more than 10% of their land asset. This allowance will also be calculated based on the crop-loss rate agreed in the Jirga. As per the Resettlement Framework, the affected 3 Sharecroppers will also receive such severe impact allowance. iii. Compensation for Unforeseen Impacts: Unforeseen impacts will be documented and mitigated based on the principles agreed in this LARP.

10. Table 2 presents the compensation entitlements for each affected item under construction of the Bangala Weir sub-project.

Table 2: Entitlement Matrix

Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Loss type Specificati Affected Compensation Entitlements on People Land of impact transaction costs will be applied. severity Sharecroppers Cash compensation twice equal to market value of the lost harvest share agreed in Jirga. Additional Farmer/Titlehol A one-time severe impact allowance equal to the net provisions for der income from annual crop production per Jerib as severe Leaseholder agreed in Jirga. impacts Sharecroppers A one-time severe impact allowance equal to the rate (> 10% of per Jerib agreed in Jirga. land loss) Standing Area of Land All APs Cash compensation at negotiated rate determined in Crops Affected with (including non- Jirga for the affected area of orchard land with Crops titled land standing crops. owners Unforeseen Unforeseen impacts will be documented and mitigated based on the principles impacts agreed in this LARP.

3. Grievance Redress Mechanism

11. A 7-member GRC is proposed to be formed at the sub-project area in order to receive and facilitate the resolution of affected peoples’ concerns, complaints, and grievances about the project’s LAR performance. In case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the original representative. However, at least five members should execute a session for grievance resolution.

4. Institutional Arrangements

12. The PMO within MEW will have overall responsibility for implementing the LARP under the Program. The PMO will strengthen its capacity involving safeguards specialists to plan and implement resettlement activities, train counterpart staff and monitor resettlement in the project. To this end, an Environmental and Social Safeguards Unit (ESSU) will be established in the PMO, staffed by a national social safeguards specialist, as well as officials attached to relevant line agencies. The implementation consultant on the Program will also provide a national and an international social safeguards specialist to work with the PMO. The ESSU will work with local communities and shura institutions.

5. LARP Budget Description

13. The entire resettlement for the impacts due to construction of the Bangala Weir will require a total estimated amount of 9,471,928 Afn (about 0.18 million USD1). Out of this, 8,735,170 (0.16 million USD) is the direct compensation cost, 436,758 Afn is kept as 5% contingency to meet the cost of internal monitoring, consultation and disclosure, administrative and other expenses. 300,000 Afn is kept for external monitoring (fee for external monitoring agency is estimated separately).

1 Currency equivalent: 54 Afn = 1 USD as of June 2013. ______Page | x

6. Monitoring and Reporting

14. Implementation of the LARP will be monitored both internally and externally to assess the effectiveness and to provide feedback to PMO/MEW. MEW/PMO/PIO, supported by the resettlement specialists of implementing consultant, will supervise the implementation of the LARP and prepare monthly reports on resettlement activities and submit to the PMO for review. The implementing consultant will also monitor LARP implementation and submit quarterly reports to MEW/PMO and ADB. The EMA/consultant will submit monitoring report and recommendation to ADB.

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1.1 Background

2. One of the components of Tranche 1 is the Northern Basins Development (NBD) that entails rehabilitation and upgrading of irrigation infrastructure and development of a river basin agency (RBA) and water users associations (WUAs) for water management. The NBD sub-projects involve the design and construction of new Bangala Weir, rehabilitation and upgrading of the Samarkandian and Nehri Shahi weirs, and construction of large number of water apportionment and other structures on 6 main traditional canals spreading over Balkh and Jowzjan provinces. The Ministry of Energy and Water (MEW) as the executing agency (EA) is responsible to implement the project through its existing Program Management Office (PMO), supported by a team of Implementation Consultant.

3. Construction of new Bangala Weir, one of the NBD sub-projects under Tranche 1, will involve permanent acquisition of some lands, including other assets such as crops. This will cause unavoidable adverse impacts on some households (HHs) around the sub- project area. To address this land acquisition and resettlement (LAR) impact, a Land Acquisition and Resettlement Plan (LARP) is required to be in place under the WRDIP.

1.2. Project Location

4. NBD area is located on the north of Afghanistan. The Bangala Weir across the Balkh River is located at about 35 km west from Mazar-e-Sharif city of Balkh Province. The area is bounded to the east by the Nahri Shahi District, to the south by the Chimtal District, to the west by the Chahar Bolak District, and to the north by the Dawlatabad District. NBD location map is presented in Figure 1. The Bangala Weir general plan is presented in Figure 2. Figure 1: NBD Location

North Basins Development Area

______SIM S.p.A. Page | 1 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Figure 2: General Plan of Bangala Weir

1.3 Rationale and Objective of the LARP

5. Implementation of the sub-project’s physical works will inevitably involve the acquisition of some amounts of land and other assets from a number of people in the districts of Balkh and Chimtal within Balkh Province. Survey data demonstrate that the construction of new Bangala Weir will require acquisition of some strips of agricultural land along either side of the existing Balkh River, estimated at about 63494m² (6.35 ha), causing LAR impact on 12 HHs - 9 land titleholders and 3 sharecroppers. To address this LAR impact, the Government has prepared this LARP, complying with the existing Law on Managing Land Affairs of Afghanistan and the ADB’s safeguard requirements on involuntary resettlement under the Safeguard Policy Statement (2009), adhering to the principles and procedures outlined in the Resettlement Framework (RF) adopted by the Government for the WRDIP.

6. This LARP attempts to define the practical procedures by which the Implementing Agency (IA) will address potential resettlement impacts associated with the sub-project, and provides an assessment of entitlements for the affected households. In this process, the primary objectives of the LARP are to: (i) identify the project impact on the community; (ii) outline measures to mitigate the adverse impact; (iii) provide an estimate for budgetary allocation for compensation of loss of assets; and (iv) provide procedure for monitoring of resettlement implementation.

7. This LARP for construction of the Bangala Weir is based on the final technical detailed design as of May 2013, prepared by the Implementation Consultant under the Program. It includes inventory of all the APs covering the actual magnitude of impact on their property, together with compensation for their losses. This should however be

______SIM S.p.A. Page | 2 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______mentioned that there were severe restrictions due to the security situation, preventing some of the fieldworks to be carried out as intended.

1.4 LARP-related Conditionality

8. Project implementation works will be contingent on the compliance to the following conditions:

• Approval of this LARP by the Government of Afghanistan and the ADB.

• Full disclosure of this LARP to the public.

• Full implementation of the compensation program described in this LARP, i.e., full delivery of compensation to the AHs.

• External monitoring agency/consultant is in place.

• ‘No objection letter’ (NOL) issued by ADB for commencement of civil works.

______SIM S.p.A. Page | 3 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1 Census Survey

9. Construction of the new Bangala Weir across the Balkh River will have unavoidable land acquisition impact including loss of other assets such as crops. For understanding of the adverse social and resettlement impacts, a 100% census combined with socioeconomic survey was carried out during 15-29 May 2013 to make an inventory of losses (IOL), and to develop a baseline of socioeconomic status of the households likely to suffer from sub-project implementation. A structured questionnaire (Annex 1) was used to collect details of the affected persons (APs).

2.2 Types and Summary of Impacts

10. Implementation of the sub-project’s physical works will not require acquisition of any residential houses or buildings and will not cause any major impact involving physical displacement of any household. The effects of land acquisition on APs will be small, and the affected households (AHs) will be able to use the remaining unaffected portion of land which will be sufficient to continue their agricultural activities. Thus, the impact on the affected families can be considered as insignificant.

11. The sub-project site spreads over relatively higher private lands used for agricultural purpose. It is estimated that about 31.747 Jerib of agricultural land, owned by 9 households, will be affected. Other impacts include the loss of crops on an area of 12.662 Jerib which is a part within the total affected area of 31.747 Jerib. Apart from this, 3 sharecroppers of Chimtal District will also be affected. A summary of impact is presented in Table 1.

Table 1: Summary of Impacts

Impact Category Magnitude of Remark Number of Affected Households Impact12 Number of Affected Persons 161 Number of Affected Male 77 Number of Affected Female 84 31.747 Jerib* Total Area of Affected Land ( 63494.18m²) This quantum of land is part 12.622 Jerib of the total area of affected Land Area of Affected Crops (25244m²) land, and therefore does not involve any additional

* 1 Jerib = 2000 sq meters acquisition.

2.3. Impact Assessment

2.3.1 Affected Households and Persons

12. Of the total 12 AHs, 6 are from Balkh District and the remaining 6 are from Chimtal District. A total of 161 people will be affected in these 12 households due to the sub-project interventions. The summary of impact on people is shown in Table 2.

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Table 2: Affected Households and Persons

Nature of Balkh Chimtal Total Impact NoDistrict % No District% No % No of Households 6 50% 6 50% 12 100% No of Male 33 43% 44 57% 77 100% No of Female 34 40% 50 60% 84 100%

2.3.2 Impact on Land

13. As already mentioned in Table 1, a total of 31.747 Jerib of land will be permanently affected (Table 3) due to construction of the Bangala Weir. The affected land is about 17% of the total agricultural land holding of the AHs. The entire land is irrigated land, which are currently being used for cultivation (Table 4).

Table 3: Impact on Land

Nature of Amount of Land Impact Temporary Nil Permanent 31.747 Jerib Total 31.747 Jerib ( 63494.18m²)

Table 4: Affected Land Type

Item Amount (Jerib) Total Land Holding of the Ahs 195 Total Agricultural Land Holding of the AHs 186 Affected Land of the Ahs 31.747 % of Land Affected to the Total Agri Land Holding of the AHs 17% Category of Affected Land Agricultural Land Irrigation Status Irrigated Lands Use of Land Cultivation

14. Table 5 shows the ownership status of the affected households. The entire affected land is owned by 9 households. Remaining 3 households from Chimtal District are sharecroppers of Mr. Mia Gul.

Table 5: Ownership Status of the Affected Lands

Ownership No of AHs % of Ahs Status Titleholder 9 75% Sharecroppers 3 25% Total 12 100%

______SIM S.p.A. Page | 5 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______2.3.3 Impact on Crop Land

15. As mentioned in the previous section, the land is agricultural land, being used for cultivation. Hence, there are some obvious effects on crops due to the construction process. About 12.622 Jeribs of crop-growing land (Table 6) is estimated to be affected due to physical implementation of the sub-project. This quantum of land is a portion within the total area of land to be acquired for the sub-project.

Table 6: Loss of Crops-Land

Quantum of Affected Land with Crop Total Balkh District Chimtal District (Jerib) (Jerib) (Jerib) 2.176 10.446 12.622

2.3.4 Impact on Vulnerable Population

16. The impact assessment has taken care whether the subproject will have any impact on vulnerable population, i.e. whether any household below poverty line or women-headed household or mentally or physically challenged headed households. As per the World Bank indicator, the poverty line indicates per capita per day income of 1.25 USD, which is equivalent to 67.78 Afn2. During the socioeconomic survey, it was found that the per capita per day income of the Affected Persons (APs) were 104.80 Afn. This shows that APs are living above the poverty line. At the same time, all 9 affected households are headed by male household heads. Also, all the APs are considered to be mainstream Afghan residents since no one is from indigenous population groups. The subproject therefore will have no impact on vulnerable population.

2.3.5 Impact on Sharecroppers, Tenants and Leaseholders

17. As shown in Table 7, a total of 3 sharecroppers will be affected due to the subproject implementation. No tenants or leaseholders will be affected due to the construction process.

Table 7: Impact on Sharecroppers, Tenants and Leaseholders

Number of Sharecroppers in the Affected Lands 3 Total Number of Tenants in the afflected lands - Total Number of Leaseholders in the affected lands -

2 http://data.worldbank.org/indicator/SI.POV.DDAY ______SIM S.p.A. Page | 6 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______3. SOCIOECONOMIC PROFILE OF THE AFFECTED PERSONS

3.1 Demographic Profile of the Affected Persons

18. Table 8 shows that the sub-project will affect a total AP population of 161 within the 12 AHs - 77 male (48%) and 84 female (52%). Table 9 presents that more than 60% of the APs are below 18 years of age, while 29% are within age group of 19 to 45 years, 6% are within 46 to 60 years and remaining 2% are over 60 years.

Table 8: Distribution of Affected Persons by Gender

Descriptio Affected Persons n Number of Persons Percentage Male 77 48 Female 84 52 Total 161 100

Table 9: Age Distribution of Affected Persons

Affected Persons Age Range (in years) No. of % No of % Both % Male Female Gender Below 18 Years 45 58 55 66 100 63 19 to 45 Years 23 30 24 29 47 29 46 to 60 Years 7 9 3 4 10 6 60+ Years 2 3 1 1 3 2 Total 77 100 84 100 161 100

19. Judging the literacy status of the APs, it was found that majority (59%) of the APs are illiterate (Table 10). Another significant portion has elementary level education, probably due to a high number of APs being under 18 years of age, which means a significant number of them are school going children. Comparing gender based literacy, it was found that the women member of the AHs have no literacy level.

Table 10: Literacy Status of the Affected Persons

Affected Persons Level of Education No. of No of Both % % % Male Female Gender Below School Going 8 10 16 19 24 15 IlliterateAge 26 34 68 81 94 59 Elementary School 23 30 - - 23 14 Middle School 10 13 - - 10 6 High School 7 9 - - 7 4 Bachelor & Above 3 4 - - 3 2 Total 77 100 84 100 161 100

______SIM S.p.A. Page | 7 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______20. Table 11 summarizes the marital status of the APs. As majority of them were found below 18 years, the number of unmarried APs, either for being too young or not being married, was relatively higher. Only 27% of the male APs and 29% of the female APs were found married. An insignificant portion of the APs appeared widow/widower.

Table 11: Marital Status of the Affected People Male Female Total Marital Status No. % No. % No. % Below Marital Age 35 46 38 45 73 45 Married 21 27 24 29 45 28 Unmarried 21 27 19 23 40 25 Widow/Widower - 0 3 4 3 2 Total 77 100 84 100 161 100

3.2 Household Status of the AHs

21. Half of the households were seen living in nuclear family and the other half in extended family. Maximum 42 household members were seen living in a family. Average number of people living in a single family was found to be 16 (Table 12). All the households were mainstream Muslim families (Table 13). No ethnic minority of indigenous people were found among the affected households.

Table 12: Family Structure and Composition Family Structure Number Percentage Nuclear family households 6 50 Extended families households 6 50 Total 100 Maximum Number of People in Affected Households 42 Minimum Number of People in Affected Households 7 Average Number of People in Affected Households 16

Table 13: Affected Households by Religion and Ethnic Classification Mainstream Ethnic Minority Indigenous People Total Nos. % Nos. % Nos. % Nos. % Islam 12 100 - - - - - 100 Christianity ------Buddhism ------Hinduism ------Total 12 100 - - - - 100

22. As shown in Table 14, all the affected household heads are male. Table 15 shows that majority of the household heads are within age range of 19 to 45 years (67%) and the remaining 33% are within age range of 46 to 60 years.

Table 14: Gender of Household Heads Affected Households Gender of Household No. of Heads Percentage Households Male 12 100 ______SIM S.p.A. Page | 8 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Female - - Total 12 100

Table 15: Distribution of Household Heads According to Age

Age of Household Head Affected Households (Years) No. Percentage Below 18 Years - - 19 to 45 Years 8 67 46 to 60 Years 4 33 60+ Years - - Total 100 Average Age of Household 44 Head 23. Majority of the household heads (75%) was found illiterate (Table 16). Almost 92% of the household heads are engaged in agricultural activities, and the remaining 8% are engaged in business (Table 17).

Table 16: Education Level of Household Heads

Education Status of HH Affected Households Head No. Percentage Illiterate 9 75% Elementary School 1 8.3% Middle School - - High School 1 8.3% Graduate & Above 1 8.3% Total 12 100

Table 17: Occupation of Household Heads

Occupation Affected Households Status No of Households Percentage Agriculture 11 92 Business 1 8 Professional - - Labour - - Total 12 100%

3.3 Economic Profile of the Affected Households

24. Average income of the affected households was found to be 723,056 Afn per year (Table 18). Out of this, around 377,222 Afn per year was found to be coming from agricultural sources, and the rest from different non-agricultural works like service, business, agricultural labor etc. (Table 19).

Table 18: Yearly Income of Affected Households

Item Income (Afn) Average Annual Income of Households 723,056 ______SIM S.p.A. Page | 9 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Average Income from Agriculture Sources 377,222 Average Income from Non-Agriculture Sources 345,833 Maximum Household Annual Income 1,500,000 Minimum Household Annual Income 200,000 Table 19: Source of Income of the Affected Households

Affected Households Source of Income No. Percentage Agriculture only 3 25 Agriculture and Business/Commerce 3 25 Agriculture and Service 1 8 Agriculture and Professional 1 8 Agriculture and Labor 4 34 Total 12 100

25. Table 20 shows that the average annual expenditure of the affected families is 579,844 Afn. Out of this amount, 201,844 Afn (35%) was found to be food related expenditure, and the rest 378,000 was non-food related expenses (65%).

Table 20: Average Household Expenditure (in Afn)

Items Expenditure Percentage (Afn) Annual Average Expenditure for food 201,844 35 Annual Average Expenditure for non-food 378,000 65 Annualitems Average Total Expenditure 579,844 100

26. Majority of the households were found having livestock, average value of which was found to be 222,563 Afn (Table 21). Households also were seen having trees with average value of 518,571 Afn. Average estimated value of durable consumables was found to be 172,583 Afn.

Table 21: Asset Status

Items Average Asset No of Value (in Afn) Households Having this Livestock 222,563 Asset10 Tree 518,571 8 Durable 172,583 7 TotalConsumables Average 716,222 Asset 3.4 Standard of Living Indicators

27. Table 22 presents the standard of living indicator for the AHs. Survey data show that majority of the households are living in single storied houses. Over half of these houses have more than 6 rooms and more than 500 square meters of floor area. This is due to the large number of household members existing in the families as shown in the foregoing section under family structure and composition. All these houses were seen having earthen

______SIM S.p.A. Page | 10 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______floor. Majority have earthen wall. Majority (67%) have non-authorized electric connections, while 33% have authorized electricity and remaining 33% with no electricity.

Table 22: Standard of Living Indicators

Nature of Houses No. Percentage Single Storied 11 89 Multi-storied 1 11 Total 12 100 No of Rooms Less than 4 1 9 4 to 6 4 33 More than 6 7 58 Total 100 Floor Area (in m2) Up to 100 1 9 101 to 500 4 33 More than 500 7 58 Total 100 Type of Floor Material Earthen 12 100 Total 12 100 Type of Wall Material Earthen 9 75 Plastered Brick 3 25 Total 12 100 Type of Roof Material Earthen 5 42 Brick 5 42 Wooden 1 9 Cemented and Others 1 9 Total 12 100 Electricity Have Authorized Electricity 2 33 Have Electricity but no Authorization 8 67 No electricity 2 33 Total 12 100

______SIM S.p.A. Page | 11 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______4. LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS

4.1 Policy and Legal Framework for Land Acquisition and Resettlement

28. The policy framework for the Project is based on Afghanistan law, the ADB policy on Involuntary Resettlement as embedded in the Safeguards Policy Statement (2009) and the Operations Manuals F1 (2010).

4.2 Relevant Land Acquisition and Resettlement Legislation in Afghanistan

29. The new Constitution of Afghanistan was ratified in early 2004. It has 3 articles that closely relate to compensation and resettlement. There are 2 Laws which are used in Afghanistan which are relevant to Land Acquisition and Resettlement. They are the “Law on Land Management” (LML) and the “Land Acquisition Law” (LAL).

4.3 Relevant Provisions from the Law on Land Management in Afghanistan

30. A comprehensive land policy was approved in 2008 by the President and Gazetted on 31 July 2008. This “Law on Managing Land Affairs” (no. 985) (LML) is aimed at creating a legislated unified, reliable land management system reforming land management to resolve the problem issue caused by the varying land management and title systems compiled one on top of the other, by 3 Government regimes separately (including the USSR annexation) and never really accounting for its predecessor. Furthermore, this Law aims also to proved standard system for land titling, land segregation and registration; prevent illegal land acquisition and distribution; provide the people with access to land; and provide conditions for appropriation of lands. The LML provides that:

• Management of land ownership and related land management affairs is under the responsibility of the Ministry of Agriculture, Irrigation and Livestock (Article 4).

• If no title deeds are possessed, a land settler may claim land ownership providing conditions are met, including that: there are signs of agricultural constructions; land owners bordering the said plot can confirm settlement of the land user for at least 35 years; the land is not under Government projects; and is up to a maximum 100 Jerib (Article 8, Clause 1).

• Technical implementation and administration of land management affairs shall be conducted under the Ministry of Agriculture, Irrigation and Livestock, and also involving the Supreme Court, Ministry of Finance, Ministry of Energy and Water, General Department of Geodesy and Cartography and relevant local Departments (Article 13). Representatives of these organisations make up the Settlement Commission (Article 14).

• A Provincial Level Land Settlement Commission will be established to better manage field activities and overcoming problems relating to implementation of the land settlement activities. This Commission is made up of the Provincial Governor, representative of the Appeal Court, Head of Ministry of Agriculture, Irrigation and Livestock, Head of MEW, Land Management Department, Department of geodesy and Cartography (Article 20).

• The State may appropriate Land under a Project for permanent use by State departments and institutions (Article 21), whilst land in built-up or under residential structures should be appropriated by the relevant Departments and not the Land

______SIM S.p.A. Page | 12 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Settlement Commission (Article 22). However, Article 53 requires that State land to State institutions can only take place on agreement of a price between the end user and the Land Management Department and endorsed by the Minister of Agriculture, Irrigation and Livestock and the President; and Article 90 refers to non-agricultural activities on agricultural lands are only allowed in exceptional circumstances, provided approvals are given by Ministry of Agriculture, Irrigation and Livestock and the President.

• Several Articles including Article 23, 81 and 89 all provide for dispute settlements in the courts. However, Article 23 also stipulates that the legal court settlement can be sort only after attempts to redress grievances with the settlement commission.

• Article 25 recognises the potential of customary ownership of land, water (Kariz) and other similar communal resources (by elders, tribal leaders and tribes etc),

4.4 Relevant Provisions from the Law on Land Acquisition in Afghanistan

31. In addition, the pre-Taliban Land Acquisition law (LAL) also remains in effect today. Both the LAL and LML do not appear to conflict each other. For the purpose of public interest like the establishment/construction of public infrastructure and facilitation for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, LAL provides that:

• The acquisition of a plot or a portion of plot, for public interest is decided by the Council of Ministers and will be compensated at fair value based on the current market rates (section 2).

• The acquisition of a plot or part of it should not prevent the owner from using the rest of the property or hamper its use. If this difficulty arises, the whole property will be acquired (section 4).

• The right of the owner or land user will be terminated 3 months prior to start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (section 6).

• In case of land acquisition, the following factors shall be considered for compensation: value of land; value of houses, buildings and the land; values of trees, orchards and other assets on land (section 8).

• The value of land depends on the category and its geographic location (section 11).

• A person whose residential land is subject to acquisition will receive a new plot of land of the same value. He has the option to get residential land or a house on government property in exchange, under proper procedures (section 13).

• It can be arranged with the owner if he wishes to exchange his property subject to acquisition with government land. The difference on the values of land will be calculated (section 15).

• The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the municipality (section 16).

______SIM S.p.A. Page | 13 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

4.5 ADB’s Policy on Involuntary Resettlement

32. ADB’s Safeguard Policy Statement (2009) provides comprehensive guidance on complying with the requirements for environmental and social safeguards (involuntary resettlement and Indigenous Peoples) in Projects. It aims to avoid or minimize the impacts on people affected by a project, and to provide support and assistance for those who lose their land and property, as well as for others whose livelihoods are affected by the acquisition of land or restriction on land use. Resettlement planning is designed to provide APs with a standard of living equal to, if not better than, that which they had before the project. The policy is guided by the following principles:

• Involuntary resettlement is to be avoided or at least minimized;

• Compensation must ensure the maintenance or improvement of the APs’ pre- project living standards;

• APs should be fully informed and consulted on compensation options;

• APs’ socio-cultural institutions should be supported/used as much as possible;

• Compensation will be carried out with equal consideration of women and men;

• Lack of formal legal land title should not be a hindrance to assistance/rehabilitation;

• Particular attention should be paid to households headed by women and vulnerable groups, such as indigenous people and ethnic minorities, and appropriate assistance should be provided to help them improve their status;

• Land acquisition and resettlement should be conceived and executed as a part of the Project, and the full costs of compensation should be included in project costs;

• Compensation/rehabilitation assistance will be paid prior to ground leveling and demolition, and in any case, before an impact occurs.

The policy comprises three important elements:

(i) compensation to replace lost assets, livelihood, and income;

(ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and

(iii) assistance for rehabilitation to improve or achieve at least the same level of wellbeing with the project as without it.

(iv) 33. A project’s involuntary resettlement category is determined by the category of its most sensitive component in terms of involuntary resettlement impacts. The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks. ______SIM S.p.A. Page | 14 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

4.6 Policy Differences and Reconciliation

34. A comparison of the above laws and policies are summarized in Table 23. Any difference between Afghanistan law and ADB policy will be resolved in favour of the latter.

Table 23: Comparison of Law on Land Acquisition in Afghanistan and ADB’s Policy

ADB Resettlement Land Acquisition Law Remarks/Resolution Policy (LAL) & Land Management Law (LML) AH/AF should be fully National legislation does . This RP provides for consultation and informed and not provide for public information dissemination. consulted in consultation resettlement and compensation options. APs should be LAL - Land acquisition for For this project compensation for land will compensated for all public interest is to be be provided at market value. Since market their losses at compensated based on value is a way to assess compensation at replacement cost. equal/fair value according replacement rate there is no opposition on to the current market rates this point between Afghanistan law and or land x land proceedings. ADB policy; Lack of formal land LAL provides for ADB has signed a memorandum of title should not be a compensation only for understanding with the Afghan bar to compensation those who have titles LML Government that all APs with title, deeds or rehabilitation. does cover APs who may or if without these are considered as have usufruct or customary legitimate owners of the land by the local rights .However, both laws Jirgas or community development councils do not recognize will be compensated. Only encroachers compensation to who are not recognized as legitimate lad (encroachers or squatters). holders by jirga and development councils will not be compensated. However these will receive compensation for all other assets.

4.7 Principles and Policies for the Project

35. Given the assessment, some provisions in the Law on Land Acquisition have been waived to make it consistent with the principles of ADB’s Policy on Involuntary Resettlement as embedded in the Safeguards Policy Statement (2009) and OM F2 (2010). Based on the above, the following principles will be adopted for this LARP:

(i) AP/AH impacts must be avoided or minimized as much as possible.

(ii) If impacts are unavoidable, the APs/AHs losing assets, livelihood or other resources will be fully compensated and/or assisted so that they improve or at least restore their former economic and social conditions.

(iii) Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual salvaged materials.

______SIM S.p.A. Page | 15 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______(iv) Provincial Land Settlement Commission will facilitate changing of land use certifications of AF’s without fee charges.

(v) Information on the preparation/implementation of a LARP will be disclosed to all APs and people’s participation will be ensured in LARP planning and implementation stages. (vi) Before taking possession of the acquired lands and commencing construction, compensation will be paid in accordance with the provision described in this updated LARP. No land will be taken until the legitimate user is compensated or rehabilitated as provided in this LARP.

(vii) Lack of formal legal land title is not a bar to compensation or rehabilitation. A Grievance committee including representatives of the APs will be established to resolve any conflicts which may arise during the compensation process. Compensation measures will equally apply across gender lines and vulnerable groups if any identified.

(viii) AP consultation will continue during the implementation of LARP.

(ix) The full compensation of affected assets and the preparation of a compliance report by the Independent Monitoring Agency will be a condition for initiating civil works.

4.8 Compensation Eligibility and Entitlement

36. This LARP and resettlement procedural guidelines will apply for construction of the Bangala Weir under the Tranche 1 WRDIP. This will ensure that all persons affected by the sub-project activities will be compensated as permissible. Lack of formal title will be no bar to receive compensation as suggested.

4.8.1 Eligibility

37. Households entitled to land compensation are AHs with (i) title, (ii) official deed, (iii) unofficial written deed, or (iv) AHs that in absence of these documents are declared as legitimate traditional holders of the land they use by shura, jirga or elders of the local village. All AHs will be compensated for loss of any other assets.

38. Compensation eligibility will be limited by a cut-off date, the last day of Census and Socioeconomic Survey which is 29 May 2013. This survey will also serve the purpose of cut-off-date for the non titleholders as well. People moving in the project area after the cut- off date will not be entitled to any kind of compensation or assistance as per provision made herein. They, however, will be given sufficient advance notice prior to project implementation.

39. Consultations were carried out with the stakeholders during the course of survey on setting of the cut-off date relating to detailed measurement and recording of affected assets. The last day of survey on 29 May 2013 has been set as the entitlements cut-off date. Compensation eligibility is limited by this cut-off date. APs who settle in the affected areas after the cut-off date will not be considered eligible for compensation, i.e., they are not included in the list of APs. PMO/MEW was informed by the implementation consultant under Ref. 007, Dated 29 May 2013 (Annex 2) about the cut-off date for intimating the AHs and their community about the date and its implication.

4.8.2 Compensation Entitlements

40. The entitlement provisions for APs suffering different types of losses and for rehabilitation allowances are detailed below:

______SIM S.p.A. Page | 16 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______i. Agricultural Land: In case of permanent land impact, land will be compensated to the titleholders in cash based on market price/rates agreed by the AHs. The land rates3 were estimated in a Jirga held on 20 January 2010 in the office of the Director of Balkh Sub-River Basin in Mazar-e-Sharif. The negotiated rates were reaffirmed by the affected households in a meeting held on 03 June 2013 in the PIO office in Mazar-e-Sharif, where the AHs again acknowledged the rates as satisfactory. More details on valuation process are discussed in a subsequent page of this LARP under “Public Consultation and Disclosure” section in its Box 1. ii. Crops: Compensation cost for standing crops on area basis of orchard land was also estimated in the same Jirga that was held on 20 January 2010 and was reaffirmed in the subsequent meeting of 03 June 2013. More details are given in the same Box 1 describing valuation process of land. For the sharecroppers, there will be cash compensation for the lost harvest. Here the market value of annual crop loss is considered to be 15,000 Afn per Jerib as agreed in the Jirga. There will be an additional one-time severe impact allowance for the land titleholders those will suffer loss of more than 10% of their land asset. This allowance will also be calculated based on the crop-loss rate agreed in the Jirga. As per the Resettlement Framework, the affected 3 Sharecroppers will also receive such severe impact allowance. iii. Compensation for Unforeseen Impacts: Unforeseen impacts will be documented and mitigated based on the principles agreed in this LARP.

41. Table 24 presents the compensation entitlements for each affected item under construction of the Bangala Weir sub-project.

Table 24: Entitlement Matrix

Loss type Specificati Affected Compensation Entitlements on People Permanent All land Farmer/Titlehol Landowners will be paid cash compensation at the loss of losses der negotiated value determined in Jirga and approved by Agricultural independent the Government. No deductions for taxes or transaction Land of impact costs will be applied. severity Sharecroppers Cash compensation twice equal to market value of the lost harvest share agreed in Jirga. Additional Farmer/Titlehol A one-time severe impact allowance equal to the provisions for der net income from annual crop production per Jerib severe Leaseholder as agreed in Jirga. impacts Sharecroppers A one-time severe impact allowance equal to the (> 10% of rate per Jerib agreed in Jirga. land loss) Standing Area of Land All APs Cash compensation at negotiated rate determined Crops Affected with (including non- in Jirga for the affected area of orchard land with Crops titled land standing crops. owners Unforeseen Unforeseen impacts will be documented and mitigated based on the principles impacts agreed in this LARP.

3 The estimated land compensation values will be confirmed after approval of the rates by the appropriate authority of the Government. ______SIM S.p.A. Page | 17 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______5. PUBLIC CONSULTATION AND DISCLOSURE

5.1 Consultation

42. Public consultation with the AHs/APs were carried out as a process of information campaign on the sub-project intervention and its likely impacts; create awareness among them about the LARP, inform the APs about their entitlements, compensation payment procedures and grievance redress mechanism.

43. PIO/PMO, assisted by the implementation consultants, carried out a series of public consultations through the month of January 2010 at the sub-project site as well as in the PIO office in Mazar-e-Sharif in participation of the affected population. This process of consultation was again carried out through the months of December 2012 and May-June 2013. The affected people and their community were informed about the resettlement policy adopted for addressing the LAR impacts under the sub-project implementation. Informal interactions and interviews with the community people were held to attend their issues, concerns and opinions. More importantly, each affected HH head was consulted during the conduct of inventory of losses (IOL) of affected assets and socioeconomic survey with regard to specific land acquisition and compensation actions. The following informations were mainly given to the affected people:

• information about the sub-project intervention;

• affected persons’ rights to compensation;

• grievance redress mechanism;

• process for determination of compensation.

44. In addition to informal day-to-day meeting among implementation consultant, PIO officials, APs and other stakeholders, in all 6 formal consultation meetings were conducted between local level and PIO/PMO level involving 62 participants. Table 23 shows a summary of the consultation program.

Table 25: Consultation Program

Sl Date Location No. of Participants 12 December 2012 Office of the Director, Balkh Sub- 11 River Basin (Mazar-e-Sharif) 16 December 2012 Office of the Director, Balkh Sub- 6 River Basin (Mazar-e-Sharif) 14 May 2013 Bangala Village 7 (near the Bangala Weir) 18 May 2013 Office of the Director, Balkh Sub- 22 River Basin (Mazar-e-Sharif) 03 June 2013 PIO office, Mazar-e-Sharif 12 11 June 2013 PMO, MEW 4 Total Participants 62

45. The consultation meeting held on 20 January 2010 in the office of the Director of Balkh Sub-River Basin (Mazar-e-Sharif) was organized as a Jirga for determination of the

______SIM S.p.A. Page | 18 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______market prices of land likely to be affected under construction of the Bangala Weir. The main conclusions of the Jirga are summarized in Box 1.

Box 1 : Jirga on Land Price Determination

A Jirga was arranged on 20 January 2010 in the office of the Director of Balkh Sub-River Basin (Mazar-e-Sharif) for determination of prices of the lands around the location of Bangala Weir. The participants in the Jirga were the owners of the land likely to be affected for construction of the Bangala Weir (Mr. Mia Gul, Mr. Najmuddin, Mr. Ali Mohammad). Other participants were the Head of Chimtal Village Mr. Sher Ahmad, Director of Balkh Sub- River Basin Engr. Asmatullah, MEW representative Engr. Mohammad Zareef and Landell Mill representative Mr. Hashmi.

Extensive discussions were held in the Jirga for determination of market price for the lands likely to be affected for construction of the Bangala Weir. Everyone in the meeting expressed their happiness with the sub-project implementation program. Particular importance was given to hear the voice of the AHs on reaching consensus on the price of affected land and thereby to decide agreeable compensation. All the participants including the AHs expressed their satisfaction on the compensation determination process.

Finally, the prices of land per Jerib* which were agreed upon are:

Orchard Land per Jerib : 300,000 Afg. Cultivable Agricultural Land per Jerib : 200,000 Afg. Non-Cultivable Land per Jerib : 100,000 Afg. Compensation for harvest of Crop per Jerib : 15,000 Afg.

The agreement paper is included in Annex 3. The PIO (Mazar-e-Sharif) forwarded this agreement to PMO/MEW under Ref. 43/34 Dt. 25 April 2010 for information and necessary action (Annex 4).

* 1 Jerib = 2000 sqm

46. The PIO officials in Mazar-e-Sharif and Resettlement Specialists of the implementation consultant again conducted a consultation meeting on 18 May 2013 in the office of the Director of Balkh Sub-River Basin (Mazar-e-Sharif) to appraise the APs about the construction of the Bangala Weir, its LAR impacts and the mitigation measure adopted by formulating and implementing LARP for the sub-project. The AHs and their representatives including local leaders participated the meeting. During the course of consultation, the negotiated rates of affected land those were agreed in the Jirga of 20 January 2010 were reiterated. All the AHs/APs expressed their satisfaction on the estimated rates of land decided in that Jirga and all of them unanimously expressed their choice for arrangement of cash compensation. Minutes of the meeting including participants list is given in Annex 5.

47. In order to inform the AHs about the cut-off-date and to reaffirm the rates of compensation for affected land, another consultation meeting was held in the office of the PIO office on 03 June 2013. All the AHs heads were present in the meeting where the compensation sums for the APs were read back. All of the APs acknowledged their satisfaction with the assessed compensation by signing the form containing assessed

______SIM S.p.A. Page | 19 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______compensation amount for each of the APs for loss of land and affected crop. As agreed in the meeting, the list of affected households, affected property and compensation amounts are given in Annex 6A. Again, considering the severe impact on AHs and impact on sharecroppers, compensation amounts have been figured out and have been given in Annex 6B. The PIO (Mazar-e-Sharif) has been coordinating with MEW to finalize the valuation of the land rates.

Consultation meeting held on 18 May 2013 in Consultation meeting held with the affected the office of the Director of Balkh Sub-River people on 03 June 2013 in the PIO office Basin (Mazar-e-Sharif) to appraise the APs (Mazar-e-Sharif) for reaffirming the land rates about the construction of the Bangala Weir. determined in a Jirga back in January 2010.

5.2 Disclosure

48. Key features of this LARP have already been disclosed to the APs through the community level meetings, and informal interaction between the APs, consultants, PIO and PMO personnel. After its approval by ADB, following LARP disclosure plan will be followed:

• The LARP will be made available in the office of the Program Director and local level PIO office as an official public document. It will also be made available to APs upon request. The final version of the LARP will be posted on the websites of MEW and ADB.

• A summary of the LARP containing the entitlement matrix, including the list of AHs will be translated into local language (Dari) in the form of a Public Information Booklet (Annex 7). PIO/PMO, supported by the implementation consultant, will distribute the booklet to the AHs/APs in order to enable them to read it by themselves and be aware of the benefit/compensation available in the LARP.

• After approval of this LARP by MEW and ADB, the national resettlement specialist, in coordination with the PIO (Mazar-e-Sharif), will again conduct meeting at the affected area as part of the disclosure process to ensure that the affected households are informed about the plan of LARP implementation.

______SIM S.p.A. Page | 20 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

6. GRIEVANCE REDRESS MECHANISM

6.1 General

49. Efforts will always be undertaken to prevent grievances, ensuring consultation, communication and coordination with the AFs, the community and local level authorities in general. Notwithstanding, complaints are sometimes unavoidable and a grievance mechanism needs to be in place to allow the APs to append complaints to Grievance Redress Committee (GRC). GRCs will work for any grievances involving resettlement benefits and issues, including ensuring proper presentation of grievances, and impartial hearings and transparent decisions.

50. APs will be fully informed of their rights to voice and resolve concerns. Through public consultations and distribution of the public information booklet, APs will be informed that they have a right to file complaints to GRC on any aspects of resettlement, or on any other related grievance, and will be assisted by the Environmental and Social Safeguards Unit (ESSU) within PMO, to report their grievance. All fees related to grievances will be covered by the EA.

51. It should be pointed out that a GRC does not possess any legal mandate or authority to resolve land issues, rather acts as an advisory body or facilitator to try to resolve issues relating to resettlement benefits including value of compensation for affected land and other assets. Any complaints of ownership or other suits, to be resolved by the country’s judiciary system, will not be resolved in GRCs. Should the APs want to pursue legal recourse, ESSU/PMO will ensure that support to prepare a case, assisted by the implementation consultants. However, every effort should be exerted to avoid this alternative because it would entail loss of time and expenses on the part of the AP.

6.2 Grievance Redress Committee

52. A Grievance Redress Committee (GRC) is proposed for the sub-project in order to receive and facilitate the resolution of affected peoples’ concerns, complaints, and grievances about the project’s LAR performance. As already mentioned, GRC does not possess any legal mandate or authority to resolve land issues, rather acts as an advisory body or facilitate to try to resolve issues relating to value of compensation for affected land and other assets.

53. A 7-member GRC is proposed to be formed at the sub-project area. In case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the original representative. However, at least five members should execute a session for grievance resolution. GRC is proposed to be composed of the following members:

• 1 Representative from PMO Convener (from the respective PIO/PMO office in Mazar-e-Sharif)

• 1 Representative from the Directorate of Balkhab Sub-River Basin (Mazar-e-Sharif) Member

• 1 Representative from the Directorate of Agriculture in Balkh Province ` Member

• 1 Representative from ESSU Member

• 2 Affected Person or his/her duly appointed Representative Member ______SIM S.p.A. Page | 21 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

• The Village Head (Qariadar) of the respective village from where the AP with grievance hails Member

6.3 Proposed Measures to Address Grievance

54. Grievances will be addressed through the following steps (refer to Figure 3): i. Any aggrieved AP will first produce his/her complain/grievance in writing to the Convener of the GRC with a copy to the ESSU. Upon receipt of complaint(s), the Convener will organize a GRC hearing session in his/her office within 15 days for resolution of the grievance(s), and preserve all related records, proceedings, decision and recommendations. The verdicts will be conveyed to the concerned AP through the respective PIO office in the province. ii. If grievances are not resolved at the local level GRC, then complaints can be lodged at head of PMO at Kabul, where resolution will be attempted within 15 days and inform the APs. iii. If the PMO decision is unacceptable to the APs, they can register the complaint directly to the MEW within 1 month of receiving a response from the PMO with documents supporting their claim. The MEW will respond within 15 days of registering the complaint and make decision and inform the APs. iv. Should all the above levels of grievance redress system fail to satisfy the AP, he/she may approach the appropriate court of law for its resolution. The AP will be facilitated in this process by the ESSU.

Figure 3: Grievance Redress Mechanism

AP has a grievance

Grievance Redress Committee Redressed

Not Redressed

Resolve with PMO HQ at Redressed Kabul

Not Redressed

MEW at Grievance Redress Committee Redress Grievance Kabul

Appeal to appropriate Court under the Assisted by ESSU applicable Laws of Afghanistan

______SIM S.p.A. Page | 22 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

7. INSTITUTIONAL FRAMEWORK

7.1 Institutional Arrangements

55. The PMO within MEW will have overall responsibility for implementing the LARP under the Program. The PMO will strengthen its capacity involving safeguards specialists to plan and implement resettlement activities, train counterpart staff and monitor resettlement in the project. To this end, an Environmental and Social Safeguards Unit (ESSU) will be established in the PMO, staffed by a national social safeguards specialist, as well as officials attached to relevant line agencies. The implementation consultant on the Program will also provide a national social safeguards specialist to work with the PMO. The ESSU team will be responsible for undertaking such activities as public consultation and information disclosures, grievance redress, monitoring and disclosure of the LARP in local language (Dari). The line agencies, particularly the PMO/MEW will be responsible for activities such as compensation payment, as the agencies have the authority for such activities under the prevailing law. The ESSU will work with local communities and shura institutions. An organizational chart for LARP implementation is suggested in Figure 4.

Figure 4: Organizational Structure for Implementation of the LARP

Government of Afghanistan ADB

EMA

MEW PMO

ESSU Team (PMO Safeguards Specialist and Implementation Consultant’s Safeguards Specialist)

Provincial & PIO (District Local District Staff Coordination Government of MEW Committee) Agencies

Shura Affected ______People Men Women

______SIM S.p.A. Page | 23 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______8. LARP BUDGET AND FINANCING

8.1 Institutional Arrangement

56. All funds required for compensating the affected HHs for loss of their lands, including providing allowances, will be allocated by the government. The MEW/MOF will ensure that adequate funds are available for carrying out resettlement according to the budgets provided in the LARP. The PMO will coordinate allocation of funds, approval of payments, and delivery of funds, monitoring of progress and reporting.

8.2 Budget Description

57. The entire resettlement for the impacts due to construction of the Bangala Weir will require a total estimated amount of 9,471,928 Afn (about 0.18 million USD4). Out of this, 8,735,170 (0.16 million USD) is the direct compensation cost, 436,758 Afn is kept as 5% contingency to meet the cost of internal monitoring, consultation and disclosure, administrative and other expenses. 300,000 Afn is kept for external monitoring (fee for external monitoring agency is estimated separately). Table 26 summarizes the cost estimate and budget.

Table 26: Summary of Cost Estimate and Budget Quantum Rate per Total Item of Land (Afn) (Jerib) Jerib Compensation for Affected Land Compensation for Affected Cultivable Land 19.124 200,000 3,824,800 Compensation for Affected Orchard Land 12.622 300,000 3,786,600 Compensation for Harvest of Crop 12.622 15,000 189,330 Allowance Compensation for the 3 sharecroppers due to 30,000 permanent loss of land (Twice than the market 10.446 313,380 (15,000X2) value of harvest) Additional Provisions for titleholders for severe 30.958 15,000 464,370 impact (Equal to market value of harvest) Additional Provisions for 3 sharecroppers due to 10.446 15,000 156,690 severe impact (Equal to market value of harvest) Total Direct Cost - - 8,735,170 External Monitoring Agency for 2 months, at - - 300,000 estimated monthly fee 150,000 Afn Contingency 5% of the total direct cost - - 436,758 Total Estimated Land Acquisition Budget 9,471,928

4 Currency equivalent: 54 Afn = 1 USD as of June 2013. ______SIM S.p.A. Page | 24 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______9. IMPLEMENTATION SCHEDULE AND PREPARATORY ACTIONS

9.1 LARP Implementation

58. PMO/MEW will begin the implementation process of the LARP immediately after its approval by the ADB. Grievances or objections (if any) will be redressed as per grievance redress procedure adopted in this LARP. The steps for the delivery of compensation for all eligible AHs/APs will be the following : i. Preparation of invoices: Invoices for each of the eligible AHs/APs will be prepared by PMO. This document entitles each of the AHs/APs to receive the amount indicated in the invoice. ii. Delivery of the money to local bank: The money from PMO/MEW will be remitted to a bank in Mazar-e-Sharif city. A bank account will be opened by the PMO/MEW, and receive the amount of compensation on behalf of the AHs/APs. iii. Payment: Each AH/AP will receive a cash/cheque for the whole amount of compensation from the PMO. The AH/AP shall sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claim over the affected property. A photograph shall be taken with the AH/AP receiving the compensation as record of proof and as part of project documentation. iv. Identity of Person: At the time of receiving the compensation cash/cheques, the AHs/APs will present their National Identity Card (NIC). Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC.

9.2 Implementation Schedule 59. Figure 5 presents the Implementation Schedule of the LARP. The earliest time for financial resources for resettlement aspects of the project are expected to be available in September 2013, and thereby to commence implementation of the LARP.

Figure 5: LARP Implementation Schedule

Task 2013 Apr May Jun Jul Aug Sep Oct Nov Dec A. LARP Preparation Consultation, Census and Socioeconomic Survey Preparation of Draft LARP Submission of Draft LARP for ADB review Submission of revised LARP addressing comments, if any Approval of the LARP by PMO/MEW and ADB Disclosure of the approved LARP B. LARP Implementation Allocation of LAR fund Mobilization of EMA Compensation Delivery Internal Monitoring EMA Monitoring Preparation of Compliance Report by EMA

______SIM S.p.A. Page | 25 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______10. MONITORING AND EVALUATION

60. Implementation of the LARP will be monitored both internally and externally to assess the effectiveness and to provide feedback to PMO/MEW. Evaluation of the resettlement activities will be resorted after implementation of the LARP to assess whether the resettlement objectives were appropriate and whether they were met.

10.1. Internal Monitoring

61. Internal monitoring of all resettlement and consultation tasks and reporting to ADB will be conducted by the ESSU. Internal monitoring will include reporting on progress in the activities envisaged in the implementation schedule with particular focus on public consultations, land acquisition, record of grievances and status of complaints, financial disbursements, and level of satisfaction among APs. Potential indicators for internal monitoring are briefed in the following Table 27.

Table 27: Internal Monitoring

Monitoring Issues Monitoring Indicators Budget and Have all safeguard staff under ESSU been appointed and Timeframe mobilized for field and office work Have capacity building and training activities been carried out Are resettlement implementation activities being achieved against agreed implementation plan? Are funds for resettlement being allocated on time? Have PMO received the scheduled funds? Have funds been disbursed according to LARP? Delivery of AP Have all APs received entitlements according to numbers and Entitlements categories of loss set out in the entitlement matrix? Consultation, Have resettlement information brochures/leaflets been prepared Grievances and and distributed? Special Issues Have consultations taken place as scheduled including meetings, groups, community activities? Have any APs used the grievance redress procedures? What were the outcomes? Have conflicts been resolved? Benefit Monitoring What changes have occurred in patterns of occupation compared to the pre-project situation? What changes have occurred in income and expenditure patterns compared to pre-project situation? Have APs income kept pace with these changes?

10.2 External Monitoring

62. Upon approval of the LARP, an External Monitoring Agency (EMA), with the concurrence of ADB, will be engaged by the MEW to monitor and evaluate LARP implementation process. Its focus will be to evaluate application of the agreed project resettlement policies, functioning of the institutional set up for resettlement implementation, timely delivery of entitlements, budget and disbursements, effectiveness of the consultative processes, and the grievance redress mechanism, and the general level of satisfaction among the APs. The PMO will review and respond to any issues that the external monitor identifies and report.

______SIM S.p.A. Page | 26 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______63. The EMA will prepare a compliance report after implementation of compensation program. Based on the compliance report, ADB will offer clearance of starting civil works. The compliance report will cover (but not be limited to) the following indicators :

(i) project compensation and entitlement policies;

(ii) adequacy of organizational mechanism for implementing the LARP;

(iv) settling complaints and grievances; and

(v) provisions for adequate budgetary support by PMO/MEW for implementing the LARP. It will also appraise the accounting documents used in recording the payments of compensation to APs by the Executing Agency/Implementing Agency.

10.3 Reporting

64. MEW/PMO/PIO, supported by the resettlement specialists of implementing consultant, will supervise the implementation of the LARP and prepare monthly reports on resettlement activities and submit to the PMO for review. The implementing consultant will also monitor LARP implementation and submit reports to MEW/PMO and ADB. Resettlement monitoring reports will be sent to ADB along with regular progress reports. The EMA/consultant will submit monitoring report and recommendation to ADB.

______SIM S.p.A. Page | 27 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

Annexes

Annex 1: Census and Socioeconomic Survey Questionnaire

Annex 2: Letter to PD PMO on Cut-Off Date

Annex 3: Jirga on Market Price of Land under Acquisition for Bangala Weir

Annex 4: Letter of PIO to MEW on Price of Land under Acquisition for Bangala Weir

Annex 5: Minutes of Meeting & Participants List

Annex 6A: List of Affected Households, Affected Property and Compensation

Annex 6B: List of Affected Households with Sharecroppers, Affected Property and Compensation

Annex 7: Public Information Booklet

Annex 8: Comments & Address

______SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Annex 1 Construction of Bangala Weir Water Resources Development Investment Program ADB Grant 0167-AFG

CENSUS AND SOCIOECONOMIC SURVEY QUESTIONNAIRE

Date : ......

Name of Investigator : ......

1. GENERAL IDENTIFICATION

Property Details Code

1.1Name of the Location : ......

1.2i. Village :...... ii. District : ......

iii. Province ......

2. HOUSEHOLD IDENTIFICATION

2.1 Name of the Household Head : ......

2.2 National ID Number ......

2.3 Address of the Household : ......

......

3. AFFECTED PROPERTY

Land under Impact (to be acquired)

3.1 Ownership of the Affected Land :

1. Private 2. Government 3. Religious 4. Community 5. Other (...... ) 3.2 Category of Land :

1. Cultivated 2. Non-Cultivated

______Page | 28 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______3.3 Type of Land :

1. Irrigated 2. Non-Irrigated 3. Barren 4. Desert

3.4 Use of Land :

1. Cultivation 2. Residential 3. Commercial

4. Orchard 5. Others 6. No Use 3.5 Total Area of Land-holding (in Jerib*) : ......

3.6 Area of Affected Land (in Jerib) : ......

3.7 Rate of Land (Per Jerib in Afn):

1. AP’s Estimation ...... 2. Investigator’s Estimation ......

4. AFFECTED LANDOWNER(S)

Name(s) of Landowner(s) Sex Father/Husband/ Age Schooling 1st 2nd Wife’s Name Occupation Occupation

Note : The land under acquisition might be legally owned by more than one person in the same household (e.g., husband & wife, brothers, sisters etc.) [Sex : Male = 1, Female=2, Age: in years, Schooling : Total number of years spent in school/Degree/Diploma

4.1 Total Land you posses (in Jerib) :

1. Irrigated : ...... Non-Irrigated : ......

4.2 Any of the following persons associated with the affected land :

i. Agricultural Labour 1. Yes 2. No

ii. Sub-Tenant 1. Yes 2. No

iii. Share-Cropper 1. Yes 2. No

4.3 If yes, name of the Agricultural Labour/Sub-Tenant/Share-Croppers ______Page | 29 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

1......

2......

3......

4......

* 1 Jerib = 2000 sq. m

5. AFFECTED HOUSES/STRUCTURES/PROPERTY

5.1 Name of the Household Head : ......

5.2 Multi-Household Structure 1. Yes 2. No

5.3 Number of Households in the Structure : ......

5.4 Ownership of the Affected Houses/Structures :

1. Legal 2. Non-Legal (Squatter/Encroacher)

If legal owner, do you have Legal Document of Property

1.Yes 2.No.

2. Govt. Agency (Name ...... )

3. Community Organization (Name ...... )

4. Others (e.g., personal tube-well, sanitary latrine, electric poles, etc.) specify...... )

5.5 Type of Affected Structure :

A. Residential Structure: 1. House 2. Boundary wall 3. Fencing 4. Toilet 5. Tube/Dug well 6. Others (...... ) B. Commercial Structure:

1. Shop 2. Hotel 3. Vendor 4. Farm House 5. Petrol Pump

6. Private Clinic 7. Industry 8. Others (...... )

C. Residential-cum Commercial Structure : Yes No

D. Community Structure : 1. Community Centre Club 2. Trust 3. Memorials 4.Others (...... ) E. Religious Structure : 1.Mosque 2. Shrine 3. Graveyard 4. Temple 5.Mandir 6. Cemetery 7. Crematorium ______Page | 30 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______8. Others (...... )

6. MEASUREMENT OF THE AFFECTED STRUCTURE / PROPERTY

6.1 Distance from the sub-project/project site (in Meters) : ......

6.2 Type of Structure :

1. Temporary 2. Permanent 3. Semi-Permanent

4. Thatched 5. Wooden 6. Others

6.4 Type of Effect : 1. Partly 2. Fully 6.5 Approximate age of the Structure (Years / Months) : ......

6.3 Area of the Structure / Properties : (measurement in meters) Description of Length Width Height Total Area Total Affected Structure (m) (m) (m) (m²) Area (m²)

6.6 Estimated Market Value of the Affected Structure (in Afn)

1. AP’s Estimation : ...... 2. Investigator’s Estimation : ......

7 HOUSEHOLD DETAILS OF TENANTS

7.1 Name of the Tenant :......

7.2 Category of Possession Sl No. Category Period of Stay (months/years) Advance paid (Afn) 1 2 7.3 Family Type 1. Joint 2. Nuclear 3. Extended Other

7.4 Religious Group : 1. Muslim 2. Buddhist 3. Hindu 4. Christian 5. Other 7.5 Number of Family members 1. Male...... 2. Female......

7.6 Annual Income of the Family ...... Afn

7.7 Number of Employees......

Name 1...... (salary Afn) 2...... (salary...... Afn) 3...... (salary ...... Afn) 4...... (salary .....Afn) 7.8 Details of Family Members Sl. Sex Age Marital Status Education Occupation No. Name of the Family Member 1.Male (year) 1.Married 1. Illiterate 1. Service 2.Female 2.Unmarried 2.Up to Senior 2. Business 3.Widow Secondary/Equivalent 3. Agriculture 4.Widower 3. Up to Graduate 4. Study 5. Other 4. Above Graduate 5. Housewife ______Page | 31 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______6. Labour 7. Professional 8. Unemployed 1. 2. 3. 4. 5. 6. 7. 8. # of physically handicapped members, if any 1. 2. 3.

SOCIOECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS

Date : ......

Name of Investigator : ......

1. GENERAL IDENTIFICATION Code 1.1 Name of the location : ......

1.2i. Village :...... ii. District : ......

iii. Province : ......

2. HOUSEHOLD IDENTIFICATION

2.1 Name of the Household Head : ......

2.2 National ID Number ......

2.3 Address of the Household identifies : ......

......

2.3 Family Type : 1. Joint 2. Nuclear 3. Extended 4. Other 2.4 Religious Group : 1. Islam 2. Buddhist 3. Hindu 4.Christian 5. Other

2.5 Number of Family Members : 1. Male ...... 2. Female...... 2.6 Details of Family Members (Demography and Education) Sl. Sex Age Marital Status Education Occupation No. Name of the Family Member 1.Male (year) 1.Married 1. Illiterate 1. Service 2.Female 2.Unmarried 2.Elementary School 2. Business 3.Widow 3. Middle School 3. Agriculture 4.Widower 4.High School 4. Study 5. Other 5. Bachelor/Equivalent 5. Housewife ______Page | 32 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______6. Above Bachelor 6. Labour 7. Professional 8. Unemployed 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. # of physically handicapped members, if any 1. 2. 3. Note : Insert additional column if family members exceed more than 10

3. HOUSEHOLD ASSETS 3.1 Landownership & Uses [All lands situated anywhere and under the ownership of the household] Land Type Total Area Presently Current How owned Lands Bought & Soled in last Two Years (Jerib) Used by Market (Inherited=1 (in Jerib) Owner Price (Afn) Purchased=2 Bought Soled Price per (Yes=1, No=2) Jerib (Afn) Homestead Agricultural Commercial Fallow Pond Others

3.2 Houses / Structures Sl. Present Use # of Story # of Total Floor Building Materials Approximate No. Rooms Area (sqm) (Code) present (all floors) construction cost (Afn) Floor Wall Roof

Floor Materials: Earthen = 1; Cemented = 2; Brick (uncemented) = 3; Wooden = 4; Bamboo thatch = 5; Others = 9 (Mention: …………………………………………)

Wall Materials: Earthen = 1; Bamboo thatch = 2; GI Sheet = 3; 5”-Plastered Brick = 4; 5”-Unplastered Brick = 5; 10”-Plastered Brick = 6; 10”-Unplastered Brick = 7; Straw/Leaf Mats/Plastic Sheet = 8; Others = 9 (Mention: ……..………………………………………...... )

______Page | 33 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Roofing Materials: GI Sheet with Wood/Bamboo Frame = 1; GI Sheet with Steel Frame = 2; Reinforced Cement Concrete (RCC) = 3; Straw = 4; Plastic sheet = 5, Others = 9 (Mention: …………………………………….……………………….. )

3.3 Livestock (Use Worksheet) 1. Cattle: Approximate Total Current Value (Afn): ……………………………… 2. Poultry: Approximate Total Current Value (Afn): ………………………………

3.4 Trees (Use Worksheet): Approximate Total Current Value (Afn): ………………………………

3.4 Durable Consumer Items/Other Assets/Amenities (Use Worksheet):

Approximate Current Total Value (Afn) : …………………………….

3.5 Electricity: Use Electricity?: Yes = 1 No = 2

Authorized Connection?: Yes = 1, No = 2

Worksheet for Valuation of Cattle & Poultry CATTLE # of Heads Approx Total POULTRY # of Birds Approx Total Value (Afn) Value (Afn) Bullock Chicken Cow Duck Goat Pigeon Sheep Buffalo Horse Camel Ass Others 9 = Others (Mention) (Mention)

Worksheet for Valuation of Trees (Local names of the trees to be included) Major Timber Trees Major Fruit Trees Other Trees Name # Approx Name # Approx Name # Approx Value Value Value (Afn) (Afn) (Afn) Teak Fuel Wood

Etc. Etc. Etc.

______Page | 34 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Worksheet for Valuation Durable Consumer Items and Other Assets & Amenities Items # Approx Total Value (Afn) Television Radio Music System Refrigeration Washing Machine Air Conditioner Oven L.P.G. connection Motor Bike Bicycle Car Bus/Microlet Furniture Tube-well Sanitary Latrine Others (name)

4. AGRICULTURE: OPERATION & PRODUCTION

4.1 Land use

Cultivable Non-Cultivable Total Land Area (Jerib)

4.2 Cropping Pattern

Sl. No. Type of Crops Total Cultivated Land Total Yield (Jerib) I ii Iii Summer Crop Total

5. ANNUAL INCOME

Sl. No. Source Income (Jerib) 1. Agriculture 2. Service 3. Business 4. Labour 5. Professional 6. Others Grand Total

6. INDEBTEDNESS (Please indicate, your borrowings during last one year)

Sl. No. Source Amount taken Amount returned Balance (in Afn) (in Afn) ______Page | 35 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______1. Bank (specify which bank) 2. Cooperatives NGO 3. Private money lender Relatives 4. Others (mention) Total

7. HOUSEHOLD SAVINGS

7.1 Does the household as a whole have any savings? 1. Yes 2. No

If yes, total amount of savings: Afn …………....

7.2 The money is kept in (Use applicable codes below):

At home=1; With relatives=2; With friends=3; Bank/Cooperatives=4; NGOs=5; Others=6 (Mention: .……...... ………………) . 8. OVERALL ECONOMIC STATUS

8.1 According to the respondent, which of the following best describes the household’s overall economic status with the present income and expenditure needs?

1 = Surplus 2 = Breaks even 3 = Occasionally deficit 4 = Always deficit

9. CONSUMPTION PATTERN (Please indicate the consumption/expenditure on different items on last one year)

Sl. No. Particulars Expenditure (Afn) Monthly Annual A Food 1. Cereal 2. Pulses 3. Milk 4. Oil 5. Vegetable 6. Fruits 7. Meat/Fish 8. Eggs 9. Sugar Sub Total (A) B Cooking fuel/gas/wood C Clothing D Health E Education F Communication G Social Function H Agriculture (such as seeds, hiring of farm implements etc.) I Others (specify ...... ) Grand Total (A+I)

10. COVERAGE UNDER GOVERNMENT/DONORS DEVELOPMENT SCHEMES

______Page | 36 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

10.1 Have you availed any benefit under any govt. Scheme ? 1. Yes 2. No

If Yes, please give us the following details :

Name of the Scheme Kind of Help 1. Loan, 2. Training, 3. Employment

If “1”, please indicate the amount Afn ......

If “2”, please indicate the type of training ......

10.2 After availing this scheme did your annual income increase? 1. Yes 2. No

If “Yes”, how much? Afn ......

If “N0”, why? ......

11. HEALTH STATUS

11.1 Was any member of your family affected by any illness in last one year?

1. Yes 2.No

11.2 If “Yes”, please indicate the details No. of Cases Type of Diseases/Illness Treatment taken 1. Allopathic 2. Homeopathic 3. Traditional 4. No treatment

12. MIGRATION

12.1 Do you migrate for work? 1. Yes 2. No

12.2 If “Yes” for how many days/months in a year : ......

12.3 Where do you migrate?

1. Within the District 2. Outside the District 3. Outside the Province 4. Outside the State ______Page | 37 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

12.4 What kind of job do you undertake? 1. Agricultural Labour 2. Non Agricultural Labour 3. Trade & Business 4. Others(specify): ......

12.5 How much do you earn : Afn ......

12.6 Trend of Migration : 1. Once in a year 2. Twice in a year 3. Every alternative year 4. Once in every three years 5. No regular intervals/as and when required

12.7 At what time of the year do you migrate (season)? : ......

13. WOMEN STATUS

13.1 Please give the following details Sl. No Economic / Non-economic Activities Engagement in Activities 1. Yes 2. No 1. Cultivation 2. Allied Activities* 3. Sale of forest products 4. Trade & Business 5. Agricultural Labour 6. Non Agricultural Labour 7. Household Industries 8. Service 9. Household Work 10. Entertainment 11. Others (specify) ......

⃰ Dairy, Poultry, Piggery, Sheep rearing etc If engaged in economic activities, total income of the year : Afn ...... 13.2 Do your women member have any say in decision making of household matters?

1. Yes 2. No

13.3 If “Yes”, give the following details: Sl. No Issues 1 Yes 2 No 1. Financial matters 2. Education of child 3. Health care of child 4. Purchase of assets 5. Day to day activities 6. On social functions and marriage 7. Others (mention)

Physical Relocation of Affected Households

[Applicable to the households whose homesteads would be affected partially and fully, and will have to relocate their homes.]

. If the household is aware of displacement from the present homestead, its plan/thinking about relocation: ………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………

. Can the affected household relocate on the same home-lot/dwelling plot by moving the houses? 1=Yes; 2=No ______Page | 38 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______. Does the household have lands in the locality which are suitable for relocation? 1=Yes; 2=No . Does the household have lands in the locality that can be developed into home-lot for relocation? 1=Yes 2=No . Can the household find land for purchase at a location it would like to relocate? 1=Yes; 2=No . Are there public lands (govt. & other lands owned by any department of the Govt. of Afghanistan) in the vicinity of the project? Yes / No

 If ‘Yes’, approx. distance from the project site: ………….km  Approximate amount: ………….  Physical description, ownership and current use of the lands: …………………………………………………….. ………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………….

Name of Investigator : Signature :

Date :

______Page | 39 SIM S.p.A. Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Letter to PMO Program Director on Cut-Off Date Date: 29.05.2013

______SIM S.p.A. Page | 39 Afghanistan Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

‘Jirga’ on Market Price of Land under Acquisition for Bangala Weir

Summary of Consensus in English Consensus on Market Price/Rates of Affected Land under construction of the Bangala Weir. Date: 20 January 2010. Market price/rates of the likely affected agricultural land under construction of the new Bangala Weir were decided in ‘Jirga’ held on 20 January 2010 in the office of the Director of Balkhab Sub-River Basin (Mazar- e-Sharif). The Jirga was participated by the owners of affected lands(Mr. Mia Gul, Mr. Ali Mohammad, Mr. Najmuddin). The agreement was stamped by the village head of Chimtal Mr. Sher Ahmad. The consensus was endorsed by Engineer Asmatullah the Director of Balkhab Sub-River Basin (Mazar-e-Sharif),Eng. Mohammad Zareef the representative of MEW, Mr. Hashimi S.S.C. of PARBP the representative of Landell Mill. All the participants including the AHs expressed their satisfaction on the compensation determination process. Prices per Jerib* of different types of land including compensation for affected crops those were agreed upon are (i) Orchard Land: 300,000 Afn, (ii) Cultivable Agricultural Land: 200,000 Afn, Non- Cultivable Land: 100,000 Afn, (iii) per Jerib’s compensation for harvest of Crop 15,000 Afn.

______SIM S.p.A. Page | 39 Afghanistan Annex 4 Islamic Republic of Afghanistan Draft Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______

Letter of PIO to MEW on Price of Land and Crop under Acquisition For Bangala Weir

Subject matter of the Letter in English This letter under Ref. 43/34 Dt. 25 April 2010 was sent by the PIO/PMO (Mazar-e-Sharif) to the PMO/MEW about the negotiated settlement of rates of land and crops likely to be affected for construction of the Bangala Weir. As agreed by the affected people, the negotiated rates for affected orchard land is 300,000 Afn per Jerib, for cultivable land is 200,000 Afn per Jerib, and for non cultivable land is 100,000 Afn per Jerib. Cost of affected crop per Jerib was estimated at 15,000 Afn. This letter was sent to the PMO/MEW for information and necessary action.

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Annex 4 Islamic Republic of Afghanistan Draft Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Minutes of Consultation Meeting held on 18 May 2013

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Annex 6B Water Resources Development Investment Program ADB Grant 0167-AFG Ministry of Energy and Water Afghanistan Construction of Bangala Weir List of Affected Households including Sharecropper, Affected Property and Compensation

Compensation Cost for Affected Compensation Cost for Severe Compensation Cost for Affected Land Crops Affected Household Total Name of Compens Affected ID Father’s Total Land SL Status Total Total Total ation Household Number Name Holding Market Affected Value of Estimated Affected Cost of Total Affected Compensa Amount Head Impact Value of Area of Land per Value of Area Crop per Estimated Area tion for (Afn) Severity Crop per Land Jerib (Afn) Affected (Jerib) Jerib (Afn) Cost (Afn) (Jerib) Severe Jerib (Afn) (Jerib) Land (Afn) Impact Gadai 1 Abdul Latif Nil Titleholder 6 1.481 25% 200,000 296,200 1.481 15,000 22,215 318,415 Murad Mohammad Jumma 2 Nil Titleholder 6 1.243 21% 200,000 248,600 1.243 15,000 18,645 267,245 Zahir Khan Mohammad Qalandar 3 Nil Titleholder 30 3.131 10.40% 200,000 626,200 3.131 15,000 46,965 673,165 Nasir Khan Boay Abdul 4 446898 Titleholder 6 2.176 36% 300,000* 652,800 2.176 15,000 32,640 2.176 15,000 32,640 718,080 Mohammad Majeed Mohammad Sayed 5 Nil Titleholder 9 0.135 2% 200,000 27,000 27,000 Afzal Amir Ali Haji Mula 6 995113 Titleholder 44 12.481 28% 200,000 2,496,200 12.481 15,000 187,215 2,683,415 Mohammad Badir

7 Mia Gul 940390 Feroz Titleholder 50 10.446 21% 300,000* 3,133,800 10.446 15,000 156,690 10.446 15,000 156,690 3,447,180 Mohammad Karim 8 Nil Titleholder 30 0.542 2% 200,000 108,400 108,400 Sarwar Boay 11 Abdul 0.111 9 Hamid Titleholder 5 2% 200,000 22,200 22,200 05980 Ghafoor Jerib

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31.747 Total 186 Jerib 17% - 7,611,400 502,710 621,060 8,735,170 Jerib

Note:Affected Area of 12.622 Jerib under crop compensation is part of the Total Affected Area of Land. Therefore, this quantum of land is not additional acquisition. Compensation rate for crop was fixed in accordance to the market rate in a Jirga in 20 January, 2010 Sharecroppers will receive twice market value of crop price as cash compensation of agricultural land loss Titleholders with severe impact will receive a one-time severe impact allowance equal to the net income from annual crop production Sharecroppers with severe impact will receive a one-time allowance equal to lost harvest share

*Afn 300,000 is the negotiated Compensation figures/rates are subject to the approval of the appropriate authority rate for affected orchard land. of the Government of Afghanistan. Payment of compensation for affected land and crop is subject to prove of land- ow nership.

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Annex 7 Cont. Water Resources Development Investment Program ADB Grant 0167-AFG Ministry of Energy and Water Afghanistan Construction of Bangala Weir List of Affected Households, Affected Property and Compensation

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31.747 Total 186 Jerib 17% - 7,611,400 502,710 621,060 8,735,170 Jerib

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Annex 8

Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Islamic Republic of Afghanistan Water Resources Development Investment Program Ministry of Energy and Water

PUBLIC INFORMATION BOOKLET

Land Acquisition and Resettlement Compensation For Construction of Bangala Weir

June 2013

1. Introduction and Impact Summary

1. The Government of Afghanistan (GoA) is implementing the Water Resources Development Investment Program (WRDIP - the Program) under Tranche 1 of the multitranche financing facility (MFF) of the Asian Development Bank (ADB). One of the components of Tranche 1 is the Northern Basins Development (NBD) that entails construction of new Bangala Weir as part of its sub-projects. The Ministry of Energy and Water (MEW) as the executing agency (EA) is responsible to implement the project through its existing Program Management Office (PMO), supported by a team of Implementation Consultant.

2. NBD area is located on the north of Afghanistan. The Bangala Weir across the Balkh River is located at about 35 km west from Mazar-e-Sharif city of Balkh Province. The area is bounded to the east by the Nahri Shahi District, to the south by the Chimtal District, to the west by the Chahar Bolak District, and to the north by the Dawlatabad District.

3. Census and Socioeconomic Survey data demonstrate that construction of new Bangala Weir will require permanent acquisition of some strips of agricultural land along either side of the existing Balkh River, in the districts of Balkh and Chimtal. The area of affected land is estimated at about 31.747 Jeribs (63494.18m²). This will cause unavoidable land acquisition and resettlement (LAR) impact on 12 HHs - 9 land titleholders and 3 sharecroppers. This will involve 161 affected persons (APs) in these affected families (AF) - 77 male and 84 female. To address this LAR impact, the Government has prepared this Land Acquisition and Resettlement Plan (LARP). It includes inventory of all the APs covering the actual magnitude of impact on their property, together with compensation for their losses. A summary of impact is presented in Table 1.

Table 1: Summary of Impacts

______Page | 56 SIM S.p.A. Afghanistan Annex 8

Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______This quantum of land is part 12.622 Jerib Land Area of Affected Crops of the total area of affected (25244m²) land, and therefore does not involve any additional * 1 Jerib = 2000 sq meters acquisition. 4. Implementation of the sub-project’s physical works will not require acquisition of any residential houses or buildings and will not cause any major impact involving physical displacement of any household. The effects of land acquisition on APs will be small, and the affected households (AHs) will be able to use the remaining unaffected portion of land which will be sufficient to continue their agricultural activities. Thus, the impact on the affected families can be considered as insignificant. .

2. Compensation Eligibility and Entitlement

5. Households entitled to land compensation are AHs with (i) title, (ii) official deed, (iii) unofficial written deed, or (iv) AHs that in absence of these documents are declared as legitimate traditional holders of the land they use by shura, jirga or elders of the local village. All AHs will be compensated for loss of any other assets.

6. Compensation eligibility will be limited by a cut-off date, the last day of Census and Socioeconomic Survey which is 29 May 2013. This survey will also serve the purpose of cut-off-date for the non titleholders as well. APs who settle in the affected areas after the cut-off date will not be considered eligible for compensation, i.e., they are not included in the list of APs.

7. The entitlement provisions for APs suffering different types of losses and for rehabilitation allowances are detailed below: i. Agricultural Land: In case of permanent land impact, land will be compensated to the titleholders in cash based on market price/rates agreed by the AHs. The land rates were estimated in a Jirga held on 20 January 2010 in the office of the Director of Balkh Sub-River Basin in Mazar-e-Sharif. The negotiated rates were reaffirmed by the affected households in a meeting held on 03 June 2013 in the PIO office in Mazar-e-Sharif, where the AHs again acknowledged the rates as satisfactory. ii. Crops: Compensation cost for standing crops on area basis of orchard land was also estimated in the same Jirga that was held on 20 January 2010 and was reaffirmed in the subsequent meeting of 03 June 2013. For the sharecroppers, there will be cash compensation for the lost harvest. Here the market value of annual crop loss is considered to be 15,000 Afn per Jerib, as agreed in the Jirga. There will be an additional one-time severe impact allowance for the land titleholders those will suffer loss of more than 10% of their land asset. This allowance will also be calculated based on the crop-loss rate agreed in the Jirga. As per the Resettlement Framework, the affected 3 Sharecroppers will also receive such severe impact allowance. iii. Compensation for Unforeseen Impacts: Unforeseen impacts will be documented and mitigated based on the principles agreed in this LARP.

3. Grievance Redress Mechanism

8. A 7-member GRC is proposed to be formed at the sub-project area in order to receive and facilitate the resolution of affected peoples’ concerns, complaints, and ______Page | 57 SIM S.p.A. Afghanistan Annex 8

Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______grievances about the project’s LAR performance. In case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the original representative. However, at least five members should execute a session for grievance resolution.

9. It should be mentioned that a GRC does not possess any legal mandate or authority to resolve land issues, rather acts as an advisory body or facilitator to try to resolve issues relating to resettlement benefits including value of compensation for affected land and other assets. Any complaints of ownership or other suits, to be resolved by the country’s judiciary system, will not be resolved in GRCs. Should the APs want to pursue legal recourse, ESSU/PMO, with assistance from the implementation consultants, will ensure that support is given to the AP to prepare a case. However, every effort should be exerted to avoid this alternative because it would entail loss of time and expenses on the part of the AP.

10. Grievances will be addressed through the following steps: i. Any aggrieved AP will first produce his/her complain/grievance in writing to the Convener of the GRC with a copy to the ESSU. Upon receipt of complaint(s), the Convener will organize a GRC hearing session in his/her office within 15 days for resolution of the grievance(s), and preserve all related records, proceedings, decision and recommendations. The verdicts will be conveyed to the concerned AP through the respective PIO office in the province. ii. If grievances are not resolved at the local level GRC, then complaints can be lodged at head of PMO at Kabul, where resolution will be attempted within 15 days and inform the APs. iii. If the PMO decision is unacceptable to the APs, they can register the complaint directly to the MEW within 1 month of receiving a response from the PMO with documents supporting their claim. The MEW will respond within 15 days of registering the complaint and make decision and inform the APs. iv. Should all the above levels of grievance redress system fail to satisfy the AP, he/she may approach the appropriate court of law for its resolution. The AP will be facilitated in this process by the ESSU.

11. Proposed composition of GRC:

• 1 Representative from PMO Convener (from the respective PIO/PMO office in Mazar-e-Sharif)

• 1 Representative from the Directorate of Balkhab Sub-River Basin (Mazar-e-Sharif) Member

• 1 Representative from the Directorate of Agriculture in Balkh Province ` Member

• 1 Representative from ESSU Member

• 2 Affected Person or his/her duly appointed Representative Member

• The Village Head (Qariadar) of the respective village from where the AP with grievance hails Member

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12. The PMO within MEW will have overall responsibility for implementing the LARP under the Program. An Environmental and Social Safeguards Unit (ESSU) will be established in the PMO, staffed by a national social safeguards specialist, as well as officials attached to relevant line agencies. The implementation consultant on the Program will also provide a national and an international social safeguards specialist to work with the PMO. The ESSU team will be responsible for undertaking such activities as public consultation and information disclosures, grievance redress, monitoring and disclosure of the LARP in local language (Dari). 5. LARP Budget and Financing

13. All funds required for compensating the affected HHs losing land, including providing allowances will be allocated by the government. The MEW/MOF will ensure that adequate funds are available for carrying out resettlement according to the budgets provided in the LARP. The PMO will coordinate allocation of funds, approval of payments, and delivery of funds, monitoring of progress and reporting.

14. The entire resettlement for the impacts due to construction of the Bangala Weir will require a total estimated amount of 9,471,928 Afn (about 0.18 million USD5). Out of this, 8,735,170 (0.16 million USD) is the direct compensation cost, 436,758 Afn is kept as 5% contingency to meet the cost of internal monitoring, consultation and disclosure, administrative and other expenses. 300,000 Afn is kept for external monitoring (fee for external monitoring agency is estimated separately). Table 2 summarizes the cost estimate and budget.

Table 2: Summary of Cost Estimate and Budget Quantum Rate per Total Item of Land (Afn) (Jerib) Jerib Compensation for Affected Land Compensation for Affected Cultivable Land 19.124 200,000 3,824,800 Compensation for Affected Orchard Land 12.622 300,000 3,786,600 Compensation for Harvest of Crop 12.622 15,000 189,330 Allowance Compensation for the 3 sharecroppers due to 30,000 permanent loss of land (Twice than the market 10.446 313,380 (15,000X2) value of harvest) Additional Provisions for titleholders for severe 30.958 15,000 464,370 impact (Equal to market value of harvest) Additional Provisions for 3 sharecroppers due to 10.446 15,000 156,690 severe impact (Equal to market value of harvest) Total Direct Cost - - 8,735,170 External Monitoring Agency for 2 months, at - - 300,000 estimated monthly fee 150,000 Afn

5 Currency equivalent: 54 Afn = 1 USD as of June 2013. ______Page | 59 SIM S.p.A. Afghanistan Annex 8

Islamic Republic of Afghanistan Land Acquisition and Resettlement Plan Ministry of Energy and Water Tranche 1 C1: Northern Basins Development Water Resources Development Investment Program Construction of Bangala Weir ______Contingency 5% of the total direct cost - - 436,758 Total Estimated Land Acquisition Budget 9,471,928

6. LARP Implementation

15. PMO/MEW will begin the implementation process of the LARP immediately after its approval by the ADB, adopting the following steps: i. Preparation of invoices: Invoices for each of the eligible AHs/APs will be prepared by PMO. This document entitles each of the AHs/APs to receive the amount indicated in the invoice. ii. Delivery of the money to local bank: The money from PMO/MEW will be remitted to a bank in Mazar-e-Sharif city. A bank account will be opened by the PMO/MEW, and receive the amount of compensation on behalf of the AHs/APs. iii. Payment: Each AH/AP will receive a cash/cheque for the whole amount of compensation from the PMO. The AH/AP shall sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claim over the affected property. A photograph shall be taken with the AH/AP receiving the compensation as record of proof and as part of project documentation. iv. Identity of Person: At the time of receiving the compensation cash/cheques, the AHs/APs will present their National Identity Card (NIC). Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC.

7. Contact Details for Inquiry

16. For further information about the sub-project as a whole, and/or the LARP for the Bangala Weir under the WRDIP Tranche 1, please contact the PMO/MEW at the address given below:

Ahmad Khalid “Abdullah” Director Program/Finance Water Resources Development Investment Program Ministry of Energy and Water Kabul, Afghanistan Mob. + 93 (0) 789169909

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