Safeguards Document
Project No.: 46543-002 December 2018
Due Diligence Report
Tajikistan: Central Asia Regional Economic Cooperation Corridors 3 and 5 Enhancement Project
Assessment of Compliance with the Safeguard Requirements for construction of new bridges in km 23+000 and km 25+300
Prepared by: Ministry of Transport / Project Implementation Unit Roads Rehabilitation for the Asian Development Bank.
This report on safeguards compliance is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Contents
Abbreviations and Acronyms ...... 3 A. Introduction ...... 4 B. The project outputs are ...... 4 C. Scope of Work ...... 4 D. Methodology adopted for DDR ...... 5 E. Data Collection ...... 5 F. Key findings:...... 7 G. Justification of the proposed Kangurt-Baljuvan road rehabilitation ...... 7 H. Need for Due Diligence Report ...... 12 I. Scope of Work ...... 13 J. Methodology and Information Collection...... 13 K. Management of Social and Resettlement Impacts ...... 14 L. Temporary Impacts during Construction ...... 14 M. Consultation and Information Disclosure ...... 15 N. Grievance Redress Mechanism ...... 16 O. Institutional Framework ...... 17 P. Findings ...... 17 Q. Conclusions ...... 18 R. Impacts on Ethnic Minorities ...... 19 S. Monitoring Arrangement ...... 19
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Abbreviations and Acronyms
AH Affected household ADB Asian Development Bank AIDS Acquired immune deficiency syndrome CAREC Central Asia Regional Economic Cooperation CC Civil Code of the Republic of Tajikistan CRBC China Road and Bridge Corporation DF Dekhan Farm DMS Detailed Measurement Survey DP Displaced Person EA Executing Agency EMC External Monitoring Consultant FGD Focused Group Discussions GRC Grievance Redress Committee GRM Grievance Redress Mechanism Ha Hectare HH Household HIV Human Imuno-deficiency Virus ID Card Identity Cards IM Independent Monitor IR Involuntary Resettlement Kg Kilogram LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LC Land Code of the Republic of Tajikistan LS Lump Sump LURC Land Use Rights Certificate M&E Monitoring and Evaluation MOT Ministry of Transport NGO Non Government Organization NoL No objection letter PIU RR Project Implementation Unit for Road Rehabilitation PLU Primary land users PMC Project Management Consultant PPTA Project Preparatory Technical Assistance PSA Poverty and Social Assessment RoW Right of way RT Republic of Tajikistan Sl Serial number SLU Secondary land user SPS Safeguard Policy Statement
SR Safeguard Requirements STD Sexually Transmitted Diseases TJS Tajikistan Somoni (currency) ToR Terms of Reference
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A. Introduction
1. The proposed Central Asia Regional Economic Cooperation Program (CAREC) Corridors 3 and 5 Enhancement Project is aimed at improvement of roads and associated sub-network by strengthening the 89 kilometer (km) Sayron–Karamyk section, rehabilitating the 88 km Vose - Khovaling sub-network connecting road, and improving road safety and roadside communities with renewable energy installations. Government of Tajikistan is intended to construct 43 km Baljuvan-Kangurt road. to ease communication between Dangara and Khovaling.
2. This Due Diligence Report (DDR) is to address changed scopes of the project particularly social safeguard issues due to construction of bridges instead of rehabilitation and associated diversion roads. The project originally required rehabilitation of six river crossings (6 bridges) and 27 culverts. The DDR developed for the Kangurt to Baljuvon to Khovaling road Intersection with the length of 43 km, which was approved in November 2017, provided assessment of project rehabilitation activities for all bridges including Bridge N5 at KM23+550 and Bridge N6 at KM26+000. This updated DDR is prepared for reconstruction (full replacement) of two metal bridges, including construction of 1600m approach road to the entry of Bridge N6, and 600m exit from the bridge.
3. There is no loss of any agricultural or urban land through realignment of approach and exit roads to Bridge No 6 and for Bridge No 5, as such there is no requirement for land. No physical displacement of people, either on an individual household or through the acquisition of public properties such as schools, mosques or other community centers will occur. B. The project outputs 4. Implementation of the Kangurt – Baljuvan – Khovaling intersection road will provide following outputs-
i. Improved approximately 176 km of road for the CAREC Corridors 3 and 5 and its sub- network, which includes enhancing Sayron-Karamyk road section (89km) and rehabilitating Vose-Khovaling road (87 km). Access to Vose Khovaling road will be improved through Kangurt – Baljuvan road. ii. Extended access to local communities, especially with inclusion of women and in accordance with the Gender Action Plan (GAP), including feeder roads, solar power network, HIV/AIDS awareness, road safety etc. iii. Institutional strengthening on project management, contract supervision, and efficient road maintenance. iv. Civil works are designed to increase the load carrying capacity (structural strength), improve the road safety features and enhance the pavement ride quality of about 177 km selected based on economic returns.
5. Proposed 43 km Kangurt-Baljuvan road will provide improved transportation of agricultural products to the Baljuvan Bazar and other distant markets. This will ease communication between Dangara district and Khovaling district. This road will be ultimately the most important connecting road network with high transportation and movement. The road was built during soviet era since then had very few maintenance activities by the concern department Condition of the proposed road and two existing bridges is poor and is not safe for movement C. Scope of Work
The purpose of this DDR is to provide an assessment of the social concerns that need to be taken into account in processing and implementation of the Kangurt – Baljuvan - Khovaling road (43km) including construction of two new bridges instead of rehabilitation of old bridges and temporary diversion roads to ensure access during the project. The DDR has been prepared for the Bridge No 5 and Bridge No 6 in Baljuvon District as part of the ADB support in undertaking the reconstruction, management and supervision of the 43 km road Kangurt to
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Baljuvon to Khovaling Road intersection. The main objective of the DDR is to identify the socio- economic impacts of the proposed bridges on Shurobdaryo River (Bridge No 5 at km 23+500), and Obimazor River (Bridge No 6 at km 26+000).
6. The DDR provides screening of the activities to be carried out under the proposed changes in the project scope (reconstruction of two bridges instead of rehabilitation), with the intention of identifying potentially significant social & resettlement impacts, determining appropriate mitigation measures, and identifying if any further assessment is required. In addition, this DDR aims to identify the likely social impacts, both positive and adverse and suggest mitigation measures to be taken by the MoT. The basic objective is to ensure that nobody is made worse off as a result of such reconstruction/ rehabilitation activities. In order to achieve this objective all negative impacts have to be mitigated for and the costs of doing this included in the financial and economic analysis of the project.
The scope of work for preparation of this DDR includes the following.
7. Description of the general social settings including population living in the villages along the proposed road and their primary occupation as baseline information; Nature of potential impacts of the project on settlement, land, structures, income sources, physical and/or economical displacement, duration, and spatial distribution of impacts; identification of affected groups; etc.
8. Other issues under the scope are as follows: • Information on potential mitigation measures to minimize the impact including mitigation costs; • Ensure that the proposed bridges reconstruction works is following the requirements laid out in ADB SPS 2009;Assess the best alternative project at most benefits and least costs in terms of financial and social consideration; and • Basic information for formulating management and monitoring plan. D. Methodology adopted for DDR
9. The DDR follows the methodology outlined in the ADB Safeguards Policy Statement (SPS 2009) and Framework Laws of the Government of Tajikistan about land acquisition. The experiences of other studies in preparing DDR documentation for road sector have also been reviewed. This DDR was prepared based on field investigation, review of secondary data and information acquired from the MoT.
10. This report covers the description of existing social conditions for the proposed road corridor, assessment of social impact of the project components, recommended mitigation measures and social monitoring. The potential social impacts (both positive and negative) have been considered for activities to be carried out during pre-construction, construction and operation phases of the Project. E. Data Collection
11. The objective of data collection was to provide a database on existing conditions, to be used for predicting the likely changes that are expected and for monitoring such changes. The first step was to undertake a project reconnaissance followed by scoping exercise, identifying the parameters, which needed to be considered for the study and to outline the activities for collecting data on each parameter. The sources of data were identified and relevant existing data from authentic secondary sources was collected from the relevant district authorities such as road department, land committee, Mayor of Timurmalik Regional Hukumat, head of district office in Khovaling and Dangara and MoT office. In addition, relevant data was collected from site visit, observation and public consultation using checklists on social impact assessment. The data on social component included land ownership, review of the preliminary plans and design, assessment on actual use of land alongside the proposed road, socio-demographic information, etc.
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12. Therefore, this DDR Study is the result of a major inter-disciplinary effort, including limited field data collection exercise, analysis and interpretation of their results. Following agencies/persons were consulted during preparation of the DDR.
i. Consultation with relevant MOT staff; ii. Consultation with the Contractor ; iii. Consultations with residents in the project area; iv. Review of available safeguards documents of the project; and v. Compiling the draft Due Diligence Report.
13. Consultation with local community and local Government representatives Reconstruction of the 2 Bridges were discussed at the meeting in government meeting room in Baljuvon. Questions were targeted at identifying any particular values and uses of the sites and to gain an understanding of the surrounding land uses and socio-economic and environment aspects. Consultations allowed the project team to gain information on any particular issues or concerns of local communities to be addressed.
14. Safeguards team of PIU and PMC conducted public consultations on 16 November 2018. The consultations included social and environmental aspects of the project and chaired by Ms Zoirzoda Marifat, Mayor of Baljuvon Town.
15. Meetings on the Projects were held with participation of men and women to raise concerns and issues that might effect community members differently.
16. All participants consulted said they wanted the crossings to be upgraded and understood the need for repair/replacement. Benefits of the project were seen to be: (i) The reconstruction of the crossings would bring significant economic benefits as it would continue to allow large trucks carrying produce and tourism businesses to the area; (i) All seasons’ access would help everyone in the area. Microbus and other transport services will comfortably use the bridges in flood conditions. (ii) The new construction of the crossings would provide for efficient continuity of access from Kangurt to Intersection of Vose-Khovaling Road via Baljuvon. Further, enhance accessibility to markets, schools and residences.
17. There were no specific social and environmental concerns raised in regards to the Bridges reconstruction. However, comments regarding the proposed reconstruction of Bridges included: (i) Higher level bridges in these 2 locations was the preference; and (ii) two lane crossings were preferred as a means to provide for vehicles as well as pedestrians and horses. No concerns were raised with impacts on lands. The area is huge stone and gravel fields and there is no any agriculture and or other activities. There is no any encroachment and informal use of land.
18. During project implementation, people will be able to get more information about the works in contractor office. Any concerns and issues will be appealed and resolved through already established GRM in Baljuvon. The contractor is also required to communicate to the public, through public consultation and notice boards, the scope and schedule of construction as well as certain construction activities that may cause disruptions and access restrictions. Noticeboards and signs will provide information in English and Tajik languages.
19. Apart from project, it was disseminated to community members that project will have no impact on the houses or any other infrastructures since the bridge reconstruction works is an existing infrastructure replacement and all development works will be done within the right of way of the existing road and bridges. No additional land acquisition will be required for improvement of the road. Nevertheless, people may experience disturbances temporarily for movement during construction period. The project will take all necessary measures to minimize
Updated Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, November 2018 Page 6 of 25 the disturbances by adopting alternative access roads, keeping open the access to the houses and local roads, etc. Minutes of the meetings were signed by the local people. It was disseminated that the local people will be preferentially deployed by the Contractor in the civil construction. This will create work opportunities for the eligible people. It was also informed the people that they will have every right submit grievance/observation/opinion to the Grievance Redress Committee. A total of 37 people were present the Kangurt and 37 people at Baljuvan public conference hall. The consultation meetings were facilitated by Mr. Mirzoev Eraj, Deputy Executive Director of PIU. Among others, Ms. Ahmadbekova Guldavlat, Road Engineer, PIU, Mr. Mahmadaliev Sherali, Social & resettlement Specilaist, PIU, Abdurahmanov Saidkabir, Leading Specialist of PIU and Kh. Khairul Matin, Social Development and Resettlement Specialist, SMEC were present in the meetings. Minutes of the meeting with attendance sheet is attached in Appendix-2.
20. The 2 Bridge Projects were discussed at the meeting in Baljuvon District Office and questions were targeted at identifying any particular values and uses of the sites and to gain an understanding of the surrounding land uses and economic and social environment. Meetings with the local government representatives and contractors were also held on the bridges locations in November 2018. The contractor was requested to continue using government land for stockyard, construction camps and diversion roads. The local government representative (Deputy head of the Baljuvan district) requested for enhanced river bank management, protect erosion threat at the construction camp, road safety for the local residents and other road users, The contractor ensured safety of the road users and workers, river bank management and use of government land for diversion roads and camps. It was discussed that in case of any impacts outside the construction right of way caused by the contractor for their needs, they will be responsible to mitigate impacts in consultation with the PIU and local administration.
F. Key findings:
21. There is no resettlement and land acquisition impact associated with the reconstruction works and establishment of temporary diversion roads at the period of reconstruction of the two bridges. The result of the study suggests that the proposed road rehabilitation activities and construction of new bridges will not have impact on people and communities lands, structures and properties as the construction works will be carried out within RoW of the existing road. Moreover, planned construction works are only rehabilitation of existing structures. During engineering design of the road by the Engineers, potential impacts on structures and lands will be avoided since the existing right of way is sufficiently wide. Any impact identified beyond the construction right of way during the implementation stage of the project, the Contractor will be responsible to mitigate in consultation with the client (MOT) and local community.
22. Mitigation measures will be taken following the ADB SPS 2009 for smooth implementation of the project.
23. The results of the study suggest that the proposed road rehabilitation activity does not incur any land acquisition and/or resettlement impact as the construction works are selected for repairing and rehabilitations and not for new constructions.
G. Justification of the construction of the bridges
24. The Project aims to provide an efficient and safe road transportation system for the movement of passengers, goods and services in a sustainable manner. The Project will (i) improve intra-transport infrastructure of the region, (ii) facilitate connectivity with Khovaling and Dangara district and safe travel time. (iii) facilitate regional trade, support poverty reduction while accelerating growth and development in the region and in the country as a whole, and (iv) accelerate social and economic development while raising the living standard of local inhabitants.
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25. The proposed two Bridges (Bridge No 5 near Baljuvon Bazar over Shurobdaryo River and Bridge No 6 after Baljuvon Bazar over Obimazor River) are located within the Baljuvon District in Khatlon Province. Both the Bridges are important transportation link between Kangurt town and Baljuvon further to the upper valley of Vose-Khovaling Road Intersection. The proposed design changes under this project include replacement / and reconstruction of bridges over these two selected water crossings to the existing Baljuvon to intersection of Vose-Khovaling Road. In order to avoid costly regulatory dams, which are constantly destroyed, it is desirable to cover the entire zone of river wandering belt with spans of at least 30m. The design change includes construction of 1600m approach road to the entry of Bridge N6, and 600m exit from the bridge with a change in its location to avoid oblique intersection.
Current view and condition of bridge No. 5
Current view and condition of bridge No. 6
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Figure 2: Proposed plan for bridge No. 5.
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Figure 1: Proposed plan of bridge No. 6
26. The road enhancement and maintenance is expected to improve access for the communities’ residents of at least 17 villages with 7,385 people (Table 1 below) along the road for education, health and other public facilities with the privilege to access to the main project road. The development is expected to involve substantial repairs of roads and drainage beside the road.
Location of Bridges N4, N5 and N6 Kangurt-Baljuvon Khovaling Intersection Road (Bridges No. 5 and 6 will be reconstructed and widened along the given section and no alternative Bridge locations are considered except relocation for few meters of Bridge N6). 27. Type of works involved for this 43 km road involves reconstruction of road in some particular locations, construction of bridges, culverts, widening of pavement, construction of drain, walkway and green area in the residential areas, etc.
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28. Along the project right of way (43km) from Kangurt to Baljuvan 17 villages are situated under four Hukumatts (Baljuvon, Tojikiston, Sayf Rahim and Safar Amirshoev). Total population of these 17 villages is 7,385 in total 1091 households with average HH size 6.77. The main project road (Vose-Khovaling) will be easily accessible by the people of these 17 villages and surrounding areas after completion of the proposed road. There are Health Centers, Hospitals, Banks, Schools, Colleges, Police Stations etc. in the district towns where people can move easily. From the Baljuvan village the main road (CAREC Corridor 5) is only 19 km away and distance to Khovaling district town is about 41km. Necessary civic facilities are available at Khovaling district town that can be availed by the villagers within short time after completion of the proposed project. Baljuvan Bazaar (Market) is one of the growth centers in the region. People will easily reach there with their goods after completion of the proposed road. Table 01 describes about population and HH in the villages in the project surrounded area.
Table 1 : Village-wise HHs and population Name of Hukumat Village No. Houses Population Baljuvan 1. Baljuvan 156 1055 2. Turko 104 779 3. Jarparon 57 263 4. Tupkhona 39 259 5. Khirob 88 624 6. Dara 14 88 7. Mulkon 104 714 8. Haybarchashma 10 59 Tojikiston 1. Solmolidasht 166 1245 2. Kaltachinor 46 259 3. Kuhnabaljuvon 8 79 Sayf Rahim 1. Shaghmon 73 352 2. Nekmardon 78 582 3. Shifochashma 45 306 4. Chorchashma 14 102 Safar Amirshoev 1. Sari Mazor 52 382 2. Boymirzo 37 237 Total 1,091 7,385 Average HH size 6.77
29. The local government bodies have been requesting to upgrade this road for their easy communication and development of the region. The MOT agrees with the Local Government to rehabilitate this road. Condition of the proposed road for rehabilitation is being deteriorated day-by-day causing damages to transport means, agricultural goods and other transported properties. Proposed roads for rehabilitation connect villagers to the district administrative center, hospital and main market places in the area.
30. Considering the high pattern of vehicle movement on the proposed rural feeder road, project decided to rehabilitate it as highly important for improved social and economic conditions of the people connected to the main project road, and the health service providing institutions in the area.
31. The proposed works will improve efficiency and quality of transportation of goods and improved access to facilities, economic and social resources. Moreover, rehabilitation of this road will enhance safety measures and ease access to transportation facilities.
32. Extended benefits will include construction works providing the local population with employment opportunities and thus to receive short-term socio-economic benefits. To ensure
Updated Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, November 2018 Page 11 of 25 that these benefits are directed to local people, the Contractor will be required to employ as much of his labor force as possible from the local communities particularly within the vicinity of construction sites.
33. After rehabilitation stage, having good access to main road will have overall beneficial impacts on livelihoods of communities and quality of their lives with improved access to resources and business opportunities in the area.
H. Justification of the Diversion Roads
34. The two bridges were scheduled to renovate instead of reconstruction. But due to present condition of the existing two steal bridges (Bridge number 5 & 6) and necessity of the local people it is decided to construct new two-lane concrete bridges. It requires construction of diversion roads well ahead of civil construction of the bridge is stated. Diversion roads are required to facilitate uninterrupted movement of the vehicles and transportation of the construction materials. The contractor has to construct small bridges on the diversion road at the best location for keeping the river flow uninterrupted during construction of the main bridge. Any social/resettlement issue arises during construction due to the need of the contractor, necessary mitigation measures will be taken by the contractor in consultation with the affected people, local Jamoat, PMC and PIU.
35. During construction and operation of the diversion roads the contractor should ensure safety and security of the pedestrians, workers, local residents, and other road users. Traffic management should be a continuous process and safety signs, diversions signs would be shown in local language and in English as well. Personal Protective Equipment (PPEs) would be supplied to the construction workers and ensured use of the PPEs at work places.
36. There is available land beside the existing road to construct diversion road. Although the existing bridge at Baljuvan (Bridge Number 6) will be used as diversion road and a new bridge will be constructed in the downstream but contractor should take necessary measures during construction including necessary lightings in the diversion roads and work sites to ease movement of the road users round the clock. Impacts on the local people or property have not been identified in the diversion road or main bridge alignment of both the bridges.
I. Need for updated Due Diligence Report
37. In order to capture unexpected impacts that may result from the proposed road rehabilitation activities and construction of two new bridges will necessitate modifications to safeguards management, ADB requires the borrower to undertake a due diligence. This Due Diligence Report (DDR) has been compiled to review the need for preparation to borrower’s/client’s social safeguards assessments and plans resulting from the changed scope of the project work of construction of two new bridges instead of rehabilitation as decided earlier. It also describes about preparation of safeguard documents (if necessary) to ensure that safeguards measures are in place and to avoid, wherever possible, and minimize mitigate and compensate for adverse social impacts.
38. This DDR presents the construction of 43km roads, two new bridges and the justification for not preparation of land acquisition and resettlement plan (LARP). Due social safeguards impact assessment has been carried out, which identified that the proposed activities including construction of roads, new bridges and diversion roads will not have adverse impact on community and private properties and lands as the road rehabilitation activities are carried out within existing RoW of the proposed road. In case of construction of diversion roads and dumping salvaged materials outside the project right of way the contractor will use the vacant Government land to avoid adverse impacts. For the base camp, crashing plants or stockyard the contractor will use the Government land with particular terms and conditions agreed by both the parties in written form. The land will be back to the concerned department of the Government with its’ original condition after work is finished. The proposed
Updated Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, November 2018 Page 12 of 25 road RoW is MoT administered land and there is no any other registered land and property right on the land. Project does not envisage economic and/or physical relocation impact. The RoW of the existing road is wide enough and have not been encroached by hawkers, shop- fronts, etc. Therefore, there will be no foreseen loss of income or assets. To maintain customer/ residential access, construction contracts should include a clause, requiring contractor to provide appropriate walkways and vehicle access to all required sections of the project apart from the available alternative (diversion) roads in the area.
39. The proposed project works will not have any negative impacts and consequences on public facilities (schools, hospitals cemeteries, mosques and other sites of religious, cultural and historical values). All works will be carried out at locations away from the populated areas and the location of these objects.
40. The present report has been prepared by the PIU RR / Ministry of Transport of Tajikistan (MOT) in close collaboration with the local District Administration, Head of Jamoat, Mayor of Timurmalik Regional Hukumat and potential affected people and other stakeholders in the project area. Findings of the social safeguard studies on the proposed road including potential impacts and mitigation measures were discussed with the various stakeholders. It was discussed that any adverse impacts due to the project will be mitigated following the ADB SPS 2009. No one will be worse off rather their standard of living will be improved or at least restore at pre-project level. In case of private land acquisition and displacement of the people, cash allowances and other benefits as per policy adopted in the Vose-Khovaling road will be paid. Livelihood and income generating activities will be carried out for the vulnerable people.
J. Scope of Work for the Kangurt-Baljuvan Road
41. Road rehabilitation works include earthworks (removing waist material, bitumen, earth, etc.), new pavement, drainage works, walkway, tree plantation, etc. Width of the road for rehabilitation will vary from 10 meter to 16 meter. The road will be constructed within the right of way of the existing road. In particular location additional facilities such as drain, walk way, green area, etc. is planned for improved access of communities to required facilities. The existing paved road is about 7 meter width all along the proposed road. The proposed road will require 10 meter width including pavement, shoulder, etc. in general but in residential area it will require 16 meter width including additional facilities i.e. drain, walk way, green area, etc., as the existing RoW allows for installation of these essential structures. Such improvement/reconstruction of road and bridges will not require private land acquisition and displacement of the people. If any adverse impacts happened due to the need of the contractor or for their activities during the construction phase the contractor will be responsible to mitigate such impacts.
K. Methodology and Information Collection
42. The DDR has been prepared for Kangurt-Baljuvan-Khovaling road (43km) that connects Vose-Khovaling road (CAREC-5) at km 22. Reconstruction of the road and two bridges over the river Surkhob and Obi-Mazor will ease communication between Khovaling and Kangurt/Dangara. This due diligence report is prepared to fulfill requirement of ADB since ADB Safeguards Policy Statement 2009 requirement to carry out due diligence when a change of project design and/or additional activities are proposed at the implementation stage.
43. After request from local communities and the government bodies at local and central level, the safeguards team in PIU, PMC and local government representatives visited the site, met local people, communicated with the project stakeholders and made reconnaissance in order to prepare this DDR and comply the report.
Methodology has included the following tasks:
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i. Collection and review of relevant reports such as proposals, feasibility study and other information provided by MoT; ii. Review of statistical reports prepared by PIURR based on socio-economic studies conducted for the project direct beneficial communities; iii. Review of documents prepared by PIURR and other stakeholders; iv. Consultation with relevant staff of MoT, PMC, site engineers, local government; v. Consultations with residents in the project area; vi. Field research along the roads connecting villages to the main project road, etc.
L. Management of Social and Resettlement Impacts
44. The Land Acquisition and Resettlement Plan (LARP) for the CAREC Corridor 3 and 5 has made provisions to compensate for land acquisition and loss of property, material goods livelihood during the implementation of the Project. The Project follows the ADB’s Safeguards Policy Statement (2009) and Operations Manual (OM) Section F1/BP (2010), the Constitution, the Land Code (LC) and the Civil Code (CC) of Tajikistan.
45. The following basic principles of ADB’s Policy on Involuntary Resettlement have been used as a guide to the Project and in compiling the DDR: (i) Involuntary resettlement should be avoided or minimized by exploring all viable project options; (ii) Identification of affected persons and compensation for lost property and income; (iii) Assistance in resettlement and restoring the living standards to the level without the project; (iv) The affected people should be fully informed and closely consulted on resettlement and compensation options; (v) The absence of formal legal title should not be a bar to compensation or assistance in rehabilitation of livelihood; (vi) Pay special attention particularly to poor and vulnerable groups.
M. Temporary Impacts during Construction
46. Although there will be no acquisition of privately used land or displacement of people, whether titled or non-title holders, communities in the site neighborhoods may suffer from temporary impacts during construction such as dust, noise, movement restriction, etc. Civil works constructors will establish site camps and access roads as well as stockyards requiring land those may have private users for agriculture and businesses. The measures for such temporary impacts will be the responsibility of the civil works contractor. To eliminate such impacts the civil works contractors will undertake the following measures:
a) Informing all local communities about the nature and duration of work well in advance so that they can make necessary preparations; b) Always keeping clean of construction materials and provide full access to houses, business places, ensure vehicle and pedestrian access is not disturbed all the time; c) Increasing the workforce and using appropriate equipment to complete the work in a minimum timeframe with least impact on livelihoods and economic resources; d) Continuing accessibility to all types of facilities including communication lines, water systems, electricity, etc. that are available in the construction zone/project area, should be ensured; e) If rental land is used, government administered lands allocation prioritization or negotiating with the land owners and users as appropriate on fair terms and conditions in writing, and f) Use of non-vibratory roller to avoid vibration that may cause crack or damage of the earthen structures found close to the existing right of way. PIU and Supervision Consultant will ensure use of non-vibratory roller during construction. g) Measures for minimizing dust and noise pollution as per the environmental management plan.
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h) If any adverse impacts happened due to the need of the contractor or for their activities during the construction phase the contractor will be responsible to mitigate such impacts
47. PIU RR and PMC will monitor the identification of construction related temporary impacts and ensure that grievance redress mechanism (GRM) is fully functional and accessible to the communities for any events of inconveniences to the communities out of civil works construction. [
N. Consultation and Information Disclosure
48. The objectives of the stakeholder consultation process is to disseminate information on the project and its expected impact and outcome among primary and secondary stakeholders and to gather information on relevant issues so that the feedback received can be used to address prevailing issues at early stages of the project design. Another important objective is to determine the extent of the concerns amongst the community, to address these in the project level and to suggest appropriate mitigation measures of any adverse impacts at early stages of the project design. Stakeholders’ feedbacks and perceptions on the proposed road rehabilitation works have been incorporated into the design and works.
49. Information disclosure is being undertaken as per the requirements of ADB SPS and the local policies and principles. Several sessions of consultation meetings have been held with the community in both project districts at Jamoat level.
50. PIU and Consultant safeguard staff met repeatedly with the people, local government and other project stakeholders who will benefit from the proposed road rehabilitation activities during preparation of the proposals of these works and collected views of community members on the rehabilitation activities. Stakeholders’ views are very positive and supportive for the implementation of the proposed road project. People have access to project information and were consulted on social safeguards provisions, entitlements and rights to compensation if they face adverse impact to their lands and properties by the project.
51. ADB Safeguards Policy Statement of 2009 principles and National laws on land acquisition and resettlement requirements including project plans & proposed activities have been disclosed to the communities and local government representatives. Roles and responsibilities have been allocated to implement and monitor project ensuring compliance with the Tajikistan Laws and SPS 2009 of ADB.
52. Communities / beneficiaries of the road rehabilitation works were informed that they have right to express their propositions, grievances and issues, seek solutions and report on alleged violations of the adapted policies established for the implementation of the proposed road and bridge reconstruction/rehabilitation works. Within villages the community leaders and responsible person from Jamoat a member of the local authority are nominated to receive, file and process further issues raised by community and/or individuals.
53. Further, the local people were made aware of the proposed project and its intended scope. Re-construction impacts in this road would be generation of noise and dust from civil works which are temporary and of short duration. Qualitatively, the beneficial impacts from the project will outweigh the temporary disturbance during construction. Nonetheless, these impacts will be considered in the Traffic Management Plan during construction including the mitigation measures such as in construction work schedule, spraying of water to minimize dust, etc.
54. a wide range of questions were asked to prompt discussion on concerns or wishes relating to the project, expected effects on road safety, presence of sites of cultural or religious significance, concerns about construction phase. Impacts, suggestions of people have been considered in preparing the DDR.
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55. From the discussions it was found that community people were agreed on the proposed road rehabilitation and they will support the project. Local residents have some concerns over safety and property and wish to see safety issues addressed by sound engineering design, the use of signage and inclusion of pedestrian crossings at sites where pedestrians are most vulnerable.
O. Grievance Redress Mechanism
56. Earlier in the project a Grievance Redress Committee was established according to ADB’s SPS 2009 requirements. The GRC members of each district of project right of way shall visit the site regularly to meet the local residents and workers at construction site. Local communities and individuals also can contact the GRC focal person (nominated GRC member from Jamoats) in case of any appeals, requests or claims. No claims have been registered so far, as no works were done at the site.
57. Consultations will continue throughout construction phase as per the project’s communication plan. Records including reports on social and environmental complaints and grievances will be kept in a database and GRC will ensure immediate follow up and resolutions. In order to receive and facilitate the resolution of possibly affected peoples’ concerns, complaints, and grievances concerning the project’s performance a Grievance Redress Mechanism (GRM) that has been established for the project will be used for addressing any complaints that arise during the implementation of the project. In addition, the GRM will include a proactive component whereby at the commencement of construction of road the community will be formally advised of project implementation details, so that all necessary project information is communicated effectively to the community and their immediate concerns can be addressed. This proactive approach with communities will be pursued throughout the implementation of the project.
58. The GRM will address potentially affected people’s concerns and complaints proactively and promptly, using an understandable, communicated and transparent process that is gender responsive, culturally appropriate and readily accessible to all community members at no costs and without retribution. The mechanism will not impede access to the Country’s judicial or administrative remedies.
Grievance mechanism during the implementation phase
59. Complaints and grievances received during the construction work addressed through the following steps and actions:
Step 1: Complaints will be lodged at the sub district offices level where the responsible and Jamoat officers, as representatives of the affected person, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee, and the receipt of the complaint given to the affected person. The period fixed for resolution of complaints is 30 calendar days.
Step 2: If a grievance is not resolved during a 30-day period, the affected person (or her/his representative, if chosen) may lodge the complaint to the Working Group Committee at the MoT. The Working group Committee has an obligation to attempt to resolve the issue within15 calendar days.
Step 3: DPs have right to appeal to the court of law at any time if they wish to do so.
Formation of Grievances Redress Committee (GRC)
60. Grievance Redress Committee (GRC), which is already effective in the project area will register and follow up on any issues and/or complaints raised by any individual or community
Updated Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, November 2018 Page 16 of 25 members in a group. The GRC consists of representatives of the MoT, the local Hukumat, DPs, women DPs (if any), and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The GRC decisions will be made by majority of members and will be publicized among the local communities and directly to the complainant(s). If the complainants are not satisfied with the GRC decisions, they can always file their cases in court.
P. Institutional Framework
61. Project Implementation Unit (PIU): The Project’s management will comprise a steering committee, an interagency working group, a Project Implementation Unit for road Rehabilitation (PIURR)) in the MoT.
62. Executing Agency (EA): The Executing Agency (EA) for the Project will be MoT. The PIURR will be responsible for overall technical supervision and execution of the Project. The staffing of PIU will include expertise in project management, hydrology and highway engineering, institution and finance, environment, socioeconomic and community development. The mitigation measures that are incorporated into the design will be verified by the PIURR before providing technical approvals. The mitigation measures that form part of the Contract Documents will also be verified by PIU RR before getting the contract signed between the Executing Agency and the Contractor.
63. The mitigation measures identified in the DDR will be incorporated into the project cycle. LARP will be prepared and implemented if adverse impacts on land and other fixed assets are found after detailed engineering design of the road. Mitigation measures during construction stage shall form part of the Contract Documents and will be implemented by the contractor.
64. Project Implementation Unit (PIU): The PIU will be headed by a Chief Engineer and will comprise following sections: (i) Construction Section, (ii) Environment and Social Development Section, (iii) Operations and Management Section and (iv) Project Accounts Section. The PIU will be located within the District office and with the assistance of project consultants, will be responsible for construction supervision, local level procurement activities, contracting local contractors and implementing the engineering and environmental control.
65. The responsibilities of the PIU's, with support from project consultants, shall include (i) construction supervision and management; (ii) assessment of works carried out by the contractors; and (iii) preparation of monthly and bi-annual reports on the implementation of social safeguard documents.
66. The contractors will provide the PIU with monthly reports on the implementation of mitigation measures. The reports prepared by the contractors along with quarterly monitoring reports to be prepared by project consultants will be consolidated and submitted to PIU for review.
P. Findings
67. The result of the study suggests that the proposed road rehabilitation activities will not have impact on people and communities lands, structures and properties as the construction works will be carried out within existing RoW of the existing road. Moreover, planned construction works are selected for repairing and rehabilitations and not for new constructions. During engineering design of the road by the Engineers, potential impacts on structures and lands will be avoided since the existing right of way is sufficiently wide. The proposed roads RoW is MoT administered land and there is no any other registered land and property rights on the land. Project does not envisage economic and/or physical relocation impact. Existing RoW of the road is wide enough and have not been encroached by houses, hawkers, shop- fronts, etc. Therefore, there will be no foreseen loss of income or assets. All works will be
Updated Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, November 2018 Page 17 of 25 carried out at locations away from the populated areas and the location of these objects. Mitigation measures will be taken following the ADB SPS 2009 for smooth implementation of the project.
68. The proposed project works will not have any negative impacts and consequences on public facilities (schools, hospitals cemeteries, mosques and other sites of religious, cultural and historical values). All along the road there are some small trees (bushes) those will be affected by the construction work. Enviromental Management Plan has the provision to replant trees of various species along the road after construction is over. Community properties, crops, shops and any other income generating activities will not be affected by the project.
69. To maintain customer/residential access to the premises along the road, construction contracts should include a clause requiring contractors to provide appropriate walkways and vehicle access (diversion roads) to all required sections of the project apart from the available alternative (diversion) roads in the area.
Q. Conclusions
70. The results of this Due Diligence study concludes that, there would not be any impacts on resettlement due to Project. If any adverse impacts happened due to the need of the contractor or for their activities during the construction phase the contractor will be responsible to mitigate such impacts Such measures will be suggested within the laws of Tajikistan and in compliance with ADB SPS 2009.
71. The proposed rehabilitation / reconstruction of the Kangurt-Baljuvan road is predominantly existing piece of infrastructure that does not create any impacts not already anticipated. Widening of the road and provision of some civic amenities (walk way, drain, green area, etc.) in the residential area may require more land beside the existing road. But this will not require the project to acquire private land as the existing RoW is wide enough to place additional structures within MoT administered lands.
72. During construction or maintenance work, the Contractor will take all measures to mitigate the possible adverse effects (such as noise and dust) and the Consultant in turn will run strict monitoring of the Contractor`s activity for timely undertaking of mitigation measures in line with the accepted EMP.
73. The project will not create any additional impact on cultural or heritage sites and neither does it pass through area subject to heavy development. Proposed rehabilitation works will not create conflicts with natural resource allocation.
74. Hereby based on the above-stated and the results of the social safeguards assessment, the proposed rural roads rehabilitation works has not resettlement impact considering the following: 1. Construction activities require new camp and machinery parking area and additional space for heavy machinery movement; This additional area is managed by the contractor under a written agreement with the relevant government departments. Contractor established camps and parking areas on lands administered by local government so there is no adverse impacts on the people 2. There is no widening (construction of additional lines) activities in the proposed rehabilitation works except drain and footpath with green areas. Construction area is limited within existing RoW; 3. There are no any tenants or persons who use land unofficially, etc. For additional information, refer to Appendix 1: Involuntary resettlement impact checklist based on social safeguard assessment conducted by EA, PMC and local authority.
75. In case of any claims or complaints are submitted during the construction period, an effective and efficient Grievance Redress Committee being in place, will enhance provision of
Updated Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, November 2018 Page 18 of 25 timely and sensible hearings and facilitate solutions.
76. The proposed project works will not have any negative impacts and consequences on public facilities (schools, hospitals cemeteries, mosques and other sites of religious, cultural and historical values). R. Impacts on Ethnic Minorities 77. The population in Khatlon province is largely Tajik, few Uzbeks and others. All nationalities are identical to each other in cultural, historical and religious lifestyles. They are using common public facilities (mosques, cemeteries and holy places of worship) with the mainstream Tajiks. There are no religious or cultural differences. The families of Tajiks, Kyrgyzes, Uzbeks and other minorities do not live in isolation. There are mixed marriages and families. All ethnic minorities have the same and equal access to all types of resources alike the mainstream Tajiks, including the land, irrigation, drinking water, and other resources. S. Monitoring Arrangement
78. Implementation of the proposed road rehabilitation activities will be monitored by PIU/MOT internally, assisted by the PMC Social Safeguards Specialist.
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Appendix 1: Involuntary Resettlement Impact Screening Checklist
Grant No. 0356 – TAJ (SF) Rehabilitation of the Vose – Khovaling Road and Enhancement of Sayron – Karamyk sub-network connecting road CAREC Corridors 3 and 5 Enhancement Project
Sub-project: Rehabilitation of 44.7 km Kangurt-Baljuvan-Khovaling road. Reconstruction of bridges No. 5 and 6 instead of rehabilitation.
A. Screening Questions for Involuntary Resettlement impact Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts were considered and reported in the screening process.
# Possible Involuntary Resettlement Effects Yes No Remarks
Will the project include any physical construction 1 √ ☐ work? 2 Does the proposed activity include upgrading or √ ☐ rehabilitation of existing physical facilities? Proposed activities include only rehabilitation and construction of two new bridges within local Will it require permanent and/or temporary land 3 ☐ √ government administered acquisition? land. Diversion roads will also be constructed on GOT land Therefore permanent or temporary land acquisition will not require Existing RoW lands Is the ownership status and current usage of the administered by road 4 √ ☐ land known? maintenance department of MoT.
Construction will be carried Are there any non-titled people who live or earn out within the existing 5 their livelihood at the project site or within the ☐ √ ROW of the road. No corridor of impact (COI) / Right of Way (ROW) squatters or encroachers are found
6 Will there be loss of housing? ☐ √
7 Will there be loss of agricultural plots? ☐ √
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# Possible Involuntary Resettlement Effects Yes No Remarks
Some wild trees/bushes on the road alignment (within existing ROW) are required √ to fell down. Trees belong Will there be losses of crops, trees and fixed assets 8 to road maintenance and (i.e. fences, pumps, etc.)? ☐ forest department and not used by communities members. Replantation will be done as per EMP guideline. 9 Will there be loss of businesses or enterprises? ☐ √ 10 Will there be loss of incomes and livelihoods? ☐ √ There are alternative roads/access facilities, which connect villages to Will people lose access to facilities, services, or 11 ☐ √ the main road. Diversion natural resources? roads will be constructed at the bridge location to keep the movement of the road users uninterrupted. Will any social or economic activities be affected by 12 ☐ √ land use-related changes?
Were there any people being displaced from the 13 assigned land / project site in anticipation of the ☐ √ subproject activity?
Are any of the affected persons (AP) from 14 ☐ √ N. A. indigenous or ethnic minority groups?
Possible Involuntary Resettlement Effects
Quantification of private land require to be acquired:
Any preliminary estimate of the likely affected land that will be required by the Project?
[ √ ] No [ ] Yes If yes, approximately how much? __0_ hectares
Informationondisplacedpersons
Any estimate of the likely number of persons that will be displaced (economically and physically) by the Project? [√ ] No [ ] Yes If yes, approximately how many? ..
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Any estimate of the likely number of persons that will be physically displaced (relocated) by the Project? [√ ] No [ ] Yes If yes, approximately how many? .
Any estimate of the likely number of persons that will experience loss of more than 10% of productive assets? [√ ] No [ ] Yes If yes, approximately how many? ..
Are any of them poor, female-heads of households, or vulnerable to property risks? [ √ ] No [ ] Yes If yes, approximately how many?......
Are any displaced persons from indigenous or ethnic minority groups? [√ ] No [ ] Yes If yes, how many?
B. Involuntary Resettlement Impact
The EA / Safeguard Team confirm that the assigned land / proposed subproject is
☐ Has Involuntary Resettlement (IR) impact, a resettlement plan (or corrective action plan) is required
√Will Not have IR impact
Prepared by: Name Head of Road Maintenance Unit in district
Signed and stamped
Approved by: Name Head of .district Signed and stamped
Dated: 16/11/2018
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Appendix-2: Minutes and attendance sheet of the consultation meetings at Baljuvan
Date: November 16, 2018 Place of meeting: Baljuvon town, conference room of Khukumat building (local authority) Total number of participants: 27
Agenda: The PIU RR safeguards team and international and national environmental consultants made presentation on proposed changes related to Bridges 5 and 6. The presentation covered following issues:
1) Proposed changes on Bridge No 5 and Bridge No 6 2) ADB policy and national legislation social and environmental requirements, 3) Potential environmental and social impacts’ mitigation measures. 4) Economic and social benefits of the project
Also, people were explained about the Grievance Redress Mechanism to be applied in case of having any relation to the project implementation.
Upon completion of the presentation, local residents asked a few questions. The focus was on how road safety measures would be implemented.
Overview of the public consultations meeting
# Questions/Comments Answer
1 When the rehabilitation works will start? Approximately expected in Spring 2019
2 How long will the Project last? Approximately one year
3 Make wider sidewalks on bridges Comment noted
4 What will the specification of the At this point, we don’t know exactly embankment be? specifications of the embankment, but it will within the framework of the bridges standards.
5 Will pillars of the bridges be replaced? Yes, the pillars will be changed
6 Will temporary bypass ways be build for Yes, for bridge 5 already bypass road have bridges? been built, bridge 6 wouldn’t demolished until the new will build
The discussions prevailed that community people were keen for the reconstruction of Bridge 5 and 6 and they will support the project. They also advised the Detailed Design Team to plane the wider sidewalks, also to take precautions in the environmental mitigation to avoid impacts anticipated during the re-construction and operation stage (noise pollution, traffic management, road safety etc.) of the project. Participants mentioned on issues and problems in flooding season and requested improved river banking management in the bridges locations.
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Photos from consultation process in government office and the project site with communities, government representatives and contractor
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