Social Safeguards Semi-Annual Monitoring Report ______Grant 0352-TAJ August 2017
Tajikistan: Building Climate Resilience in the Pyanj River Basin
Prepared by the State Unitary Enterprise “Khochagii Manziliyu Kommunali (KMK)” on Building Climate Resilience in the Pyanj River Basin Project.
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Government of the Republic of Tajikistan State Unitary Enterprise “Khochagii Manziliyu Kommunali (KMK)”
ADB Grant 0352-TAJ, Output 3: Water supply «Building Climate-Resilience in the Pyanj River Basin»
Semi-annual social safeguards monitoring report January to June 2017
Dushanbe , 56 Negmat Karabaeva str e-mail:[email protected]
Dushanbe August 2017
ABBREVIATIONS
ADB – Asian Development Bank KMK – Khochagii Manziliyu Kommunali( State Unitary Enterprise for Housing and Communal Services) DRMC – Disaster risk management committees EA Executing Agency GOVT – Government of the Republic of Tajikistan GRC – Grievance Redress Committee GRM – Grievance Redress Mechanism IR – Involuntary Resettlement LARF Land Acquisition and Resettlement Framework LAR – Land Acquisition and Resettlement LARP – Land Acquisition and Resettlement Plan SPS – Safeguard Policy Statement M&E – Monitoring and Evaluation MF – Ministry of Finance MEWR – Ministry of Energy and Water Resources NGO – Non-governmental Organization PIG – Project Implementation Group State Subsidiary Enterprise for Water Supply and Sewerage SSEWSS PIO – Project implementation offices WUA – Water User Association’s GWU – Group of water users
SYSTEM OF MEASURES AND WEIGHTS km - Kilometer m - Meter ha - Hectare
Contents
A. INTRODUCTION ...... 4
1. Goal and objectives ...... 4
2. General Project Information ...... 4
3. Project Scope ...... 5
4. Project Purpose -Component 3: ...... 6
5. Physical work ...... 6
B. PROJECT SITES INVESTIGATION WORKS ...... 9
1. Expansion and Rehabilitation and Construction of Climate-Proof Water Supply System in target districts Kulob Vose Pyanj ...... 9
1.1. Rehabilitation and Expansion of Climate- Proof Water Supply System in Kulob District .... 11
2.1. Rehabilitation and Expansion of Climate- Proof Water Supply System in Vose District ..... 12
3.1. Sub-project:Namuna (Kommunizm)Water Supply System, Pyanj District...... 13
C. EFFECTIVENESS OF LAND ACQUISTION AND RESETTLEMENT PLANNING ...... 14
D. TEMPORARY DISTURBANCE OF THE COMMON RIGHTS ...... 15
E. GRIEVANCE REDRESS MECHANISM ...... 15
F. CONCLUSION AND RECOMMENDATIONS ...... 22
A. INTRODUCTION
1. Goal and objectives
1. This social safeguards compliance monitoring report has been prepared following the requirements of ADB Safeguard Policy Statement (SPS 2009), principles and requirements as well as the legislation of the Republic of Tajikistan. The report is based on the review of project implementation progress of the project component 3 managed Project Implementation Group under of Building Climate Change Resilience in the Pyanj River Basin Project of State Unitary Enterprise “Khochagii Manziliyu Kommunali “of the Republic of Tajikistan (RT). In accordance with the requirements of ADB policy, Social Safeguards Review conducted in all sup-projects sites covering several project districts and LARP has been developed by the PIG, if project negative impact on lands and properties occur in the project locations, which stipulated rendering full money compensation. However, most of the sub-project locations were outside of the residential area and LAR occurred only on one project site affecting only 1APs. Other project sites did not have any negative impact on people. 2. The main purpose of the report is to document and ensure compliance of the project against social safeguards covenants and requirements. This social safeguards semi-annual monitoring report as an important component of overall project implementation process and is based on field monitoring visit, which took place between May and July, 2017 by the PIG SUEKMK safeguards team to project sites. The objectives of the compliance assessment include:
• Verification of compliance of the project to ADB SPS 2009 requirements and Tajikistan National Laws; • Progress of LARP implementation of climate-proofed water supply system in Pyanj districts (Namuna); • Observation of ongoing construction activities and verification of none existence of project negative impact on project sites with no LAR impact; • Checking of Grievance Redress Mechanism (GRM) functionality and the established procedures; • Community perceptions on project implementation and benefits.
2. General Project Information
3. The “Building Climate Resilience in the Pyanj River Basin”, Republic of Tajikistan” project under a Grant from the Asian Development Bank number G0352-TAJ (Component 3) is implemented by the State Unitary Enterprise (SUE) Khochagii Manziliyu Kommunali (KMK), through the Project Implementation Group (PIG) under the Government of the Republic of Tajikistan.
4. The Project implementation consultant (Consultants for technical assistance (TSC) BETS Consulting Services Ltd... Bangladesh in Association with LLC Panasia Ltd. Tajikistan provides technical assistance to SUE KMK for the implementation of the project as per the agreement on the implementation of the project, signed with KMK on 10 March 2015, with services beginning from 11 April 2015.
5. The project implementation period is from 2014 to 2019. The project is included in the Tajikistan Strategic Program for Climate Resilience (SPCR), which was approved for funding under the Strategic Climate Fund (SCF) in November 2010. The project is consistent with the Tajikistan Country Partnership Strategy 2010-2014 and is included in the Country Operation Business Plan 2013–2014 for Tajikistan. This project is also in line with ADB's long-term strategic framework, Strategy 2020, which includes support to increase climate resilience of developing countries and promote the development of the private sector.
3. Project Scope
6. The project’s main objective is to increase climate resilience of communities in the Pyanj River basin through 4 components: Component 1: more resilient flood protection systems comprising rehabilitation of small scale flood management infrastructure, and capacity building of disaster risk management committees;
Component 2: more resilient irrigation systems comprising rehabilitation of small scale irrigation infrastructure, and capacity building of water user associations;
Component 3: more resilient drinking water supply systems comprising rehabilitation of drinking water supply infrastructure in highly vulnerable communities, and capacity development of water consumer groups;
Component 4: a microfinance component to provide financial services to vulnerable groups, especially women, and promote climate resilience measures.
7. The project includes physical and nonphysical measures. The scope of the rehabilitation and upgrading engineering work will include detailed engineering design, earthworks, reinforced concrete structures, drilling of wells, the provision of water and drainage facilities, the installation of electricity and cable lines, replacement of pumping and electrical control equipment, construction of small reservoirs and related facilities. Sustainability of the improved infrastructure will be ensured through climate-resilient design, operation & maintenance, and community participation. After project implementation the infrastructure will be climate-proofed (increase in temperature, droughts, floods and other climate hazards projected in the next 20-30 years).
8. The main scope of non-physical measures is capacity building of Group of Water User (GWU), disaster risk management committees (DRMC) including guidance for infrastructure operation and maintenance, training on the climate change adaptation for the local community groups. Training for the local communities to be provided through the Project implementation offices (PIO) and Climate Change Information Centres established under the PPCR.
9. The above Components 1, 2, 3 and 4 are implemented by different government bodies.
• Components 1 and 2 are implemented by the State Institution Project Management Office of “Building Climate resilience in the Pyanj river basin” under the Agency of Land Reclamation and Irrigation (ALRI): • Component 3 is implemented by the Project Implementation Group under KMK (Khochagii Manziliu Kommunaly) State housing and communal services; • Component 4 is implemented by PMU under the Ministry of Finance of the Republic of Tajikistan.
4. Project Purpose -Component 3: - The purpose of the project is to reduce the negative impacts of vulnerability and climate change in the Pyanj River Basin. Assisting Tajikistan in struggle against repeat flood risks through the implementation of global and coordinated methods, including the implementation of physical and non-physical activities in one of the existing large flood-prone areas: -Kulyab, Pyanj and Vose districts of Khatlon region of the Republic of Tajikistan - The project is oriented on building resilience of communities to climate vulnerability and climate change in the Pyanj river basin. The project consists of four components, we consider the components 3: - more resilient irrigation systems comprising construction and rehabilitation of small scale drinking water supply infrastructure, and capacity building of water user groups, association on struggle against natural disasters;
5. Physical work
As of 01.10.2017 in all sites of the seven jamoats of Kulob, Vose and Panj districts by the project company OJSC "Tadjikkommunproekt", has been completed surveying, hydrological, geological survey and the development of design estimates documentation are completed. Construction and installation works are carried out in compliance with the approved design and estimate documentations that have been examined by the State Expertise and, accordingly, have been approved. All facilities at sites are constructed in accordance with the design –estimate documentation and the jamoats specified in the PAM, including: a) Pyanj district, Contract NCB-CW-05: - Р-5 "Water supply in Namuna jamoat", Communism village; - Р-10 "Water supply in the jamoat Mehrvar", Yozgand, Kuldemon, Mekhrvar, Dehbaland, Andijon and Burhiyon villages; b) Vose district- Contract NCB-CW-06: -VO-02 "Water supply in M. Mahmadaliyev jamoat", Toskala village; -VO-07 "Water supply in Tugarak jamoat”, Ibrat, Sulkhobad and Navbahor villages; -VO-14 "Water supply in Rudaki Jamoat", Mehnatobod , Anoriston 1 and 2 villages; c) Kulob district- Contract NCB-CW-07: -K-08 "Water supply in Dakhana Jamoat", Yokhsuchiyon, Dahana, Oltovul, Chinor, Bakhoriston, Kamar, Kul and S. Amirshoev villages; - K-02 "Water supply in Ziraki jamoat", Zerkala, Ziraki, Khodja-Isok and Chorvador villages.
From this it can be seen that the project location is not changed and all the facilities in the pilot jamoats and construction works are being executed at the location as per the approved list.
Due to the insufficient funds provided for the implementation of Component 3.of the project; it was decided to select priority sites at all seven jamoats in the pilot districts of Kulob, Vose and Pyanj. As per the developed design estimates, the construction of water supply facilities in Kulob, Vose and Panj districts is estimated at $ 7.1 million is higher than the allocated budget for Component 3. - $ 3.4 million (including contingencies), there was a need to reallocate the allocated fund. This is due to the construction of separate systems, the demographic growth of the population, about which was sent a letter clarification to the ADB and was also reported during the Mission (October 12-21, 2016). In order effectively implement Component 3 of the Project "Building of Climate Resilience in the Pyanj River Basin", after being approved by the Asian Development Bank, it was decided to exclude Kuldemon and others of Mekhrvar Jamoat of the Panj district from the list . SUE"KMK" worked with the Hukumat of the Pyanj district on the issue of resettlement of two families (since 1998 2-family children and adults live) residing in the territory of the existing water intake in the village of Kuldemon jamoat Mehvar. This issue was repeatedly considered at the level of the Chairman of the Pianj District with the participation of representatives of the Committee on Land Management of Mehwar Jamoat, SUE "KMK”, Consultants and other concerned parties. But the issue of resettlement of these families from July 2015 to the present day has not been resolved The Population of Anoriston 1-2 villages of Jamoat Rudaki in Vose district, Kul and S. Amirshoev of Jamoat Dakhana Kulob district do not have access to drinking water and are in a much worse condition than the other pilot villages. In the villages (Toskala jamoat M. Mahmadaliyeva, Mekhnatobod jamoat Rudaki) of Vose district and (Ziraki, Chorvador) of Kulob district for the past period, from 2013 up to this day with the funds allocated from international and domestic donors rehabilitation of water supply systems has been carried out. On the basis of this information, the expected coverage of households will exceed the DMD target, which is equal to 4,150 households. The Project Implementation Group (PIG), in conjunction with the Consultant and NGOs, carried out certain work on the sites selection with considering the Project objectives achievement, determined the list and the scope of the work executed. Comparative tables were prepared that indicated the scope of work, the location of the systems, the number of covered population and households (which will benefit). The list of priority sub-projects in the villages and jamoats of the pilot districts was agreed and approved by the ADB
10. For a number of sub-project under component 3, physical works have been approved. The project component managed by KMK is focused on:
- Rehabilitation existing and construction of a new water supply systems for providing population with clean drinking water in a five sub-districts (jamoats); - establish operation & maintenance (O&M) practices, develop O&M guidelines and train local units of the responsible agencies, as well as the community participation in the Project implementation and in operation of water supply systems; - develop early warning communication systems through the use of modern technologies including mobile phones - establish DRMCs in target communities; and - conduct training and disseminate information on the impact of climate change and adaptation measures for local government officials and local institutions -
11. The developed capacity program will support each output, including effective supervision and quality assurance during construction, maintenance training, adaptation and application of operating manual instructions and infrastructure developed during the project implementation.
12. Within the framework of the project, it is envisaged to create Water Users Groups (GWU) or, where they already exist, GWU capacity will be strengthened. It is also envisaged to develop guidelines, regulations and instructions to enable the GWU’s members to carry out their functions. The project will also provide advice and disseminate information on water resources management and climate-resilient agricultural practices to farmers, local government officials, women’s groups, and other stakeholders
13. On 15 May 2015, the consultant of the project BETS Consulting Services Ltd. Bangladesh «signed a contract with LLC "Tojikommunproekt", to prepare and provide detailed design of the sites necessary for conducting tender and rehabilitation-construction works for all sub-projects, as detailed in Table 1 below.
Table 1: List of approved sub-projects for detailed design № Description of sub-project for survey and full design 1 Contract NCB-CW-07 / (K-2, K-8):Construction of new, expansion and rehabilitation of existing water supply systems in the Kulob district Dakhana Jamoat (K-08), Rehabilitation and expansion of the existing water supply system in 8 villages of Yokhsuchiyon, Dahana, Oltovul, Chinor, Bakhoriston, Kamar, Kul and S. Amirshoev; b) Ziraki jamoat (K-02) Expansion and rehabilitation of the existing water supply system in 4 villages of Khodja-Isok, Zerkala, Ziraki and Chorvodor; 2 NCB-CW-06 / VO-7: Rehabilitation of existing and construction of new water supply systems in Vose district. a) Tugarak jamoat (VO-7.1) Rehabilitation and expansion of existing water supply system in 2 villages, Ibrat and Sulkhobad; b) Tugarak Jamoat (VO-7.2) Rehabilitation and expansion of existing water supply system in 2 villages, Tugarak and Navbahor; c) Jamoat Rudaki (VO-14) Rehabilitation and expansion of the existing water supply system in 2 villages Anoriston 1,2; 3 Contract NCB-CW-05 / R-5:Construction of new, rehabilitation and expansion of existing water supply systems in the Pyanj district, Namun jamoat (P-5) Construction of Water Supply System in Kommunizm village. The project also provides water supply for 2 more villages.
14. The table 2 below provides an overview of the sub-projects locations.
Table 2: Project Location for each jamoat Project Project Village Jamoat DIstrict Code type* K-02 1 Zerkala, Khodja-Isok, Ziraki Kulob Yokhsuchiyon, Dahana, K-08 1 Oltovul, Chinor, Bakhoriston, Dahana Kulob Kamar, Kul and S. Amirshoev; Project Project Village Jamoat DIstrict Code type* VO-07(1) 1 Ibrat and Sulkhobad; Tugarak Vose VO-07(2) 1 Tugarak and Navbahor; Tugarak Vose VO-14 1 Anoriston Rudaki Vose
P-5 2 Kommunizm Namuna, Pyanj * 1- Extension and rehabilitation of existing water supply system * 2- Construction of a new water supply system.
15. The detailed engineering design of the majority sub-projects showed that they do not imply land acquisition and/or resettlement impact. The Due Diligence Report on Social Safeguard was prepared for relevant sub-projects was submitted to ADB before commencement of the civil work, confirming that they imply no LAR impact.
16. Under the Component 3 of the Project all activities within the framework of this project were designed to be located within the free lands administered by local government or on additional state-owned land, with the exception of a water supply sub-project in the Pyanj district. The drinking water supply sub-project in Pyanj district will require land of a dehkan farm to be acquired. Accordingly, LARP for Namuna jamoat of the Panj district was prepared and after ADB approval on June 22, 2017, was submitted to ADB for disclosure on website. SUE KMK also sent the LARP Project (PDF) to ALRI (No. 653 of June 22, 2017) for disclosure on the Project "Building Climate Resilience in the Pyanj River Basin "website.
B. PROJECT SITES INVESTIGATION WORKS
17. By Project Manager, Consultants, PIG engineers and experts from PIO and local authorities were conducted visits to the project sites. The checks included a visit to the location of the proposed sub-projects.
18. Field visits were aimed at site inspection, verification of any potential land acquisition and impact in the form of resettlement as a result of the construction works, including permanent and temporary impacts, impacts on residential, agricultural areas, livelihoods and or any economic activity/assets (including crops, trees, etc.) in the area.
1. Expansion and Rehabilitation and Construction of Climate-Proof Water Supply System in target districts Kulob Vose Pyanj
19. In connection with the completion of the main construction works, Project Implementation Group (PIG) has been established within the SUE KMK., also by the order of SUE KMK, the Project implementation offices (PIO) were formed on the basis of Subsidiary State Enterprises of Water Supply and Sewerage in Kulob,Vose and Pyanj districts.
As per the Procurement Plan (post reallocation of funds agreed with ADB) two sub-projects were located in Kulob district. These are K02 Ziraki water supply and K08: Dahana water supply systems. In Vose district two sub-projects, V07-1 and V07-2 (NCB-CW-06) in Tugarak jamoat and V07-14 (NCB-CW-06) water supply system in Anoriston village of Rudaki jamoat were started, which do not entail any land acquisition and resettlement impact. One water supply sub-project – P05 (NCB-CW-05) is planned to be implemented in Pyanj district, which has impact on a single dehkan farm. According to the Land Acquisition and Resettlement Plan (LARP) for Namuna jamoat in Pyanj district from June 18, 2017, approved by ADB and disclosed on ADB, ALRI and State Committee for Investments and State Property Management of the Republic of Tajikistan websites. As of June 25 2017, 6 points out of 9 points of LARP were implemented. To date, paragraphs 7.8 and 9 of the LARP are not implemented: - Land Use Right Certificate Private Ownership of allocated land to the Dehkan farm "Mustafo", is not implemented (deadline 15.07.2017); - the compensation in cash, equal to 1 year of the gross income of the affected land at the market rate, which should be applied irrespective of whether it is fallow land or cultivated land , is not implemented (until 15.07.2017); - Fully resettlement is not implemented (deadline 15.09.2017). The reasons for not implementing the LARP requirements in time: a) a certificate of ownership for allocated land has not been issued to the Dehkan farm Mustafo, due to the fact that the package of documents are under the Land Committee of Pianj district and as the Committee has been assured, will be ready in the coming days. b) Cash compensation to the Dehkan farm "Mustafo", Due to the fact that in the financial plan of the State Subsidiary Enterprise of Pianj district, for 2017 is not provided funding to cover any damage cost due to the lost harvest, currently is seeking alternative ways to addressing this situation from other sources . In order to address the compensation issue, SUE KMK by letter No. 893/15 August 11, 2017, requested the Chairman of the (Hukumat) of the Pyanj district to provide financial assistance to Subsidiary Enterprise of Pyanj district following the decision of the Government of the Republic of Tajikistan "On Reimbursement damage to the dehkan farm "Mustafo” to pay compensation damage " in the amount of 13,200 TJS, from the other sources that State Programs provide for these purposes. Following negotiations, the Chairman of the Pyanj District assured that the compensation issue in the amount of 13,200 Somoni and the issuance the Certificate of land use right and ownership to the dehkan farm Mustafo will be resolved by the end of October 2017.
Fully compliance with the requirements of the Land Allocation and Resettlement Plan (LARP) for Namuna jamoat in Pyanj district dated June 18, 2017 (approved by ADB) will be implemented in early November 2017.
20. As per the PAM envisaged the rehabilitation and protection from climate change impacts of seven drinking water supply systems in rural areas, includes the rehabilitation, updating and construction of boreholes, provision of new and restored pumps, construction of new reservoirs and overhead tanks, pumping stations of the second lifting, water decontamination station (chlorinator), transformer substations and electric networks, purchasing and installation of equipment, rehabilitation and construction of water lines and distribution networks, drinking water tanks and water towers, etc.
21. The component 3 of the project covers 7 jamoats (25 villages), 4150 households. As a result about 6487 households benefit from the project implementation. Number of population that will have access to safe drinking water, after execution of rehabilitation and construction works, including 2862 households in Kulob, 2310 household in Vose and 1315 household in Pyanj district will be covered to achieve MDM targets.
22. The project implementation (mobilization and construction-works) in Ziraki and Dahana jamoats of Kulob district and Tugarak and Rudaki of Vose district and Namuna of Pyanj district creates employment opportunities for local people to be involved. About 20 % of women will be involved in construction works (cleaners’ operators, painters, plasterers, cooks and others).
23. Based on the social safeguards assessments conducted after sub-projects design finalization, there is no negative impact on communities’ lands and assets in all sub-project locations, where necessary documentation and due diligence reports were developed and ADB no objection on commence of civil works was obtained. During construction and rehabilitation works project did not have physical and/or economical impact on people in the project locations in all project villages such as Anoriston jamoat Rudaki, Ibrat, Sulhobod, Navbahor and Tugarak of Vose district, villages Zerkala and Khojaisok, jamoat Ziraki and Dahana Kulob district, villages Oltowul, Chanor and Kamar, Bahoriston Yohsuchiyon, jamoat Dahana, Kulob district. Only sub-project located in Kommunizm Jamoat Namna of Pyanj district have impact on a dehkan farm, which will be implemented after implementation of LARP and ADB no objection on commence of civil works. .
1.1. Rehabilitation and Expansion of Climate- Proof Water Supply System in Kulob District
1.1. 1 Sub-project K-02: Ziraki Water Supply System, Kulob District.
24. The existing water supply system, as a result of long-term use, worn-out as a result of their excessive use without major repair. The water supply system has become worthless and requires rehabilitation, and therefore the population of the 4 jamoat villages has no access to drinking water in the required quantity and quality. This leads to a significant risk to the health of the population.
25. The project aims on adaptation to climate change through the expansion and rehabilitation of water supply systems in villages of Zerkala and Khodja-Isok. Under the Project, it is expected drilling of 2 new wells, construction of a pumping station of second lifting, a water disinfection station (chlorinator), a transformer substation and electric transmission networks, pump installation and other equipment, rehabilitation and construction of water main and distribution networks, 2 reservoirs of drinking water and 2 water towers, a gatehouse building, landscaping and fencing of water intake facilities. At present, the construction and installation works are ongoing. Kulob sub-project completion is expected by March 2018. Upon completion of the works, 760 households and other important infrastructures (medical and educational institutions, schools, shops, etc.) of the Ziraki jamoat will benefit.
26. With the exception of temporary inconveniences (noise, dust) during the construction period, there are no issues regarding land acquisition and resettlement. Project site regularly monitored by specialists of KMK and the supervision consultant.
1.1.2 Sub-project K-08: Dahana Water Supply System, Kulob District.
27. Dahana water supply system, which provides drinking water for population of six villages is another sub-project for rehabilitation. The existing water supply system is out of order and requires major repair and rehabilitation. According to the project aim on adaptation to climate change through rehabilitation and expansion of water supply systems in the villages of Oltowul, Chanor and Kamar, Bahoriston, Yohsuchiyon and Dahana,
28. Under the Project, it is envisaged drilling of 2 wells, rehabilitation of pumping station of the second lifting, a water disinfection station (chlorinator), a transformer substation and electric transmission networks, pump installation and other equipment, rehabilitation and construction of water main and distribution networks, 2 reservoirs of drinking water and 2 water towers, a gatehouse building, landscaping and fencing of water intake facilities. At present, the construction and installation works are started, the end of the works is March 2018. Upon completion of the works, 1717 households and other main infrastructures (medical and educational institutions, schools, shops, etc.) of the Dahana jamoat will benefit.
29. With the exception of temporary inconveniences (noise, dust) during the construction period, there are no issues regarding land acquisition and resettlement. Contractor is obliged to control noise and dust during construction works, which is regularly monitored by KMK and supervision consultant.
2.1. Rehabilitation and Expansion of Climate- Proof Water Supply System in Vose District 2.1.1 Sub-project V0 7-1: Tugarak (Ibrat) Water Supply System, Vose District .
30. The existing water supply system, as a result of long-term use, worn-out as a result of their excessive use without major repair, has become worthless and requires rehabilitation, and therefore the population of the 2 Jamoat villages has no access to drinking water in the required quantity and quality. This leads to a significant risk to the health of the population.
31. According to the project aim on adaptation to climate change through the expansion and rehabilitation of water supply systems in the villages of Ibrat and Sulhobod, the Project planned rehabilitation of 2 existing boreholes, construction of pumping station of the second lifting, a water disinfection station (chlorinator), a transformer box and electric transmission networks, pump installation and other equipment, rehabilitation and construction of water main and distribution networks, 2 reservoirs of drinking water and water towers, a gatehouse building, landscaping and fencing of water intake facilities. At present, the construction and installation works are started, the end of the works is May 2018. Upon completion of the works, 800 households and other basic infrastructures (medical and educational institutions, schools, shops, etc.) of the Tugarak Jamoat will benefit.
32. During construction and rehabilitation works in this area, there was no negative environmental impact on the soils of the project areas (land) or negative impact on the livelihoods of the population living in the vicinity of the project location. Project did not affect communities lands, assets and sources of livelihoods as all works was done in the designated territories of the water supply system. With the exception of temporary inconveniences (noise, dust) during the construction period, there are no issues regarding land acquisition and resettlement.
2.1.2 Sub-project V0-7-2: Tugarak Water Supply System, Vose District.
33. The existing water supply system, as a result of long-term use, worn-out as a result of their excessive use without major repair, has become worthless and requires rehabilitation, and therefore the population of the 2 Jamoat villages has no access to drinking water in the required quantity and quality. This leads to a significant risk to the health of the population.
34. Rehabilitation of the existing 2 boreholes, construction of pumping station of the second lifting, a water disinfection station (chlorinator), a transformer box and electric transmission networks, pump installation and other equipment, rehabilitation and construction of water main and distribution networks, 2 reservoirs of drinking water and water towers, a gatehouse building, landscaping and fencing of water intake facilities are planned under the Project. At present, the construction and installation works are started, the expected completion date is May 2018. Upon completion of the works, 1717 households and other basic infrastructures (medical and educational institutions, schools, shops, etc.) of the Rudaki Jamoat will benefit.
35. During construction and rehabilitation works in this area, there was no negative environmental impact on the soils of the project areas (land) or negative impact on the livelihoods of the population living in the project area. There was no impact on communities’ lands, assets and sources of livelihoods as all works was done in the designated territories of project.
2.1.3 Sub-project V0-14: Rudaki (Anoriston) Water Supply System, Vose District.
36. The existing water supply system, as a result of long-term use, worn-out as a result of their excessive use without major repair, has become worthless and requires rehabilitation, and therefore the population of the 2 Jamoat villages has no access to drinking water in the required quantity and quality. This leads to a significant risk to the health of the population.
37. Construction works under the Project include drilling of 2 boreholes, construction of pumping station of the second lifting, a water disinfection station (chlorinator), a transformer box and electric transmission networks, pump installation and other equipment, rehabilitation and construction of water main and distribution networks, 2 reservoirs of drinking water and water towers, a gatehouse building, landscaping and fencing of water intake facilities. At present, the construction and installation works are started, the end of the works is July 2018. Upon completion of the works, 480 households and other basic infrastructures (medical and educational institutions, schools, shops, etc.) of the Rudaki Jamoat will benefit.
38. With the exception of temporary inconveniences (noise, dust) during the construction period, there are no issues regarding land acquisition and resettlement. Social and environmental compliance of the project with safeguards requirements is regularly monitored.
3.1. Sub-project:Namuna (Kommunizm)Water Supply System, Pyanj District.
39. This water supply system will provide potable drinking water to population of 1 jamoat in Pyanj district who do not have access to drinking water. According to the project aim on adaptation to climate change will be through the expansion and rehabilitation of water supply systems in the village of Kommunizm. The Project envisages drilling of 2 boreholes, construction of pumping station of the second lifting, a water disinfection station (chlorinator), a transformer box and electric transmission networks, pump installation and other equipment, rehabilitation and construction of water main and distribution networks, 4 reservoirs of drinking water and water towers, a gatehouse building, landscaping and fencing of water intake facilities. The project will benefit 1315 households and other basic infrastructures (medical and educational institutions, schools, shops, etc.) of the Namuna Jamoat.
40. At present, construction works is not started. Bidding process is started and after bid evaluation and ADB approval and contract award, the construction installation works will commence. Start of civil works is planned in October 2017.
41. The sub-project require land allocation for water intake facilities in Saroykamar villige and reservoir with capacity of 500m 3 with auxiliary facilities in Namuna jamoat of Pyanj district, on a dehkan farm land. PIG in coordination with the Hukumat of Panj district, guided by ADB social safeguard requirements and National Law, conducted detailed measurement survey, conducted consultations with local authorities and the affected farmer and developed a resettlement plan. In the process different local and state government institutions such as office of Head of district, State Land Management Committee, Inventory department, power supply network, Mehrvar and Namuna jamoats, were involved. As a result the Resolution of the Republic of Tajikistan dated April, 1 2017 was submitted to State Committee on Land Management and Geodesy under RT for approval and instructed to issue Certificate on land use for construction works “Climate-Proof Water Supply System in Pyanj” district NCB-CW- :05: P-5 Namuna Water Supply (Kommunizm) in a sizes of 2,2ha (1,2 irrigated land and 1,0 ha pasture land). The LARP for Namuna jamoat of Panj district was developed on May 31 and submitted to ADB in June 2017 and it was approved by ADB. LARP was disclosed on ADB website. SUE KMK also sent the LARP ( with the letter No. 653 of June 22, 2017) to ALRI to disclosure on Project "Building Climate Resilience in the Pyanj River Basin " website and it was also sent to the State Committee for Investments and Management of State Property of the Republic of Tajikistan. 42. On June 28, 2017 Bid was open for the work package "Climate- Proof Water Supply Systems in the Pyanj district" NCB-CW-05: sub-project P-5"Namuna".Water Supply System. Process of allocation of land for water system construction is ongoing. In this regard, SUE"KMK" intends to apply to the Chairman (Hukumat) of the Pyanj district for a claim for damages to the dehkan farm "Mustafa" in the amount of 13,200 TJS, from other sources, other state programmes that foreseen funds for these purposes. Once LARP implementation is finalized, completion report will be submitted for approval and obtaining ‘No objection Letter’ for commence of civil works.
C. EFFECTIVENESS OF LAND ACQUISTION AND RESETTLEMENT PLANNING
43. Based on the due diligence review, including the analysis of the final detailed engineering design, discussions with a group of engineers, as well as site visits and stakeholder consultations, the result of the survey was prepared and presented:
44. Sub-projects, in general, include the rehabilitation of existing infrastructure in majority of cases. Similarly to former implementation the civil works will be conducted within the existing land boundaries and right of way and utilizing the same access and service roads, except for subproject P-5 Namuna of Pyanj district.
45. No land acquisition or involuntary resettlement impact was observed under the subprojects in accordance with the package of contracts (except for for Namuna Water Supply sub-project) mentioned in the report, subsequently, sub-projects did not entail negative impact on households’ lands and properties.
D. TEMPORARY DISTURBANCE OF THE COMMON RIGHTS
46. Although the project does not imply land acquisition and/or involuntary resettlement, (except for Namuna Water Supply sub-project), a temporary disturbance of order caused by construction work may occur.
47. Earth works for digging foundation pits, trenches, open cuts on soils transportation of construction materials through populated areas, and/or mobilization of heavy machinery and equipment for construction sites, where appropriate, limited access to agricultural land adjacent to construction sites, etc., possibly can cause temporary concern for local residents. But the project contractors were consulted in social safeguards requirements and principles of adequate compensation in case of causing temporary/permanent impact on people properties and lands. Hence, project is being planned and implemented in a way that no adverse impact is allowed and/or necessary remedies and preventing actions are taken to avoid impact. 48. In Vose, Kulob and Pyanj districts, construction and/or transportation of construction materials, including from quarries, can potentially cause temporary anxiety in neighboring villages. This is especially true for places where construction transport will travel through villages (for example, in the villages Tugarak, Anoriston, Ibrat of Vose district, etc.) all measures were taken to reduce pollution and dust during transportation of construction materials.
E. GRIEVANCE REDRESS MECHANISM 49. Regardless of whether there is no a land acquisition or resettlement of local communities living in the area, when construction work is carried out, some unfavorable consequences may occur during the construction period, such as property damage or losses caused by direct physical exposure to the equipment of the contractor, vibration, design of the contractor or employer, or because of other activities related to construction. Communities can submit complaints through the grievance mechanism established for the project over its duration and used to address environmental issues and resettlement. To resolve these issues for each jamoat were prepared complaints logs.
50. The steps and actions below describe the process of receiving and addressing the complaints and grievances within this project:
- Step 1: Complaints will be lodged at the jamoat level, where all the relevant representatives (land and environmental specialists, deputy jamoat chairperson, responsible for gender policy, Jamoat Resource Center representatives), representatives of the affected households and EA/PIO, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee (GRC), and the receipt of the complaint given to the affected person. The period for resolution of complaints is 14 calendar days the latest.
- Step 2: If the complaint cannot be addressed at jamoat level, affected person can apply to the district level GRC for a solution, with assistance from GRC as needed. The district level committee should invite KMKI/PIO representative once they registered the complaint. Similar to jamoat level, district level committee will register and file all the complaints from the complainants. The period for resolution of a complaint is 16 calendar days.
- Step 3: If no solution is reached within 16 days, the affected person can submit her/his case to the appropriate court of law, with all costs paid for by the project.
51. In the event when the established GRM is not in a position to resolve the issue, affected person also can directly contact ADB Tajikistan Resident Mission (TJRM). Contacts of local ADB TJRM social safeguards focal point is circulated among the local communities during the consultation meetings at the detailed design stage.
52. Grievance Redress Committee (GRC) is established at the relevant jamoat level in each relevant district to resolve complaints and grievances informally through community participation. The jamoat GRC consist of representatives of the PIG, PIO, local hukumat, local GWU members, women GWU members, and appropriate local NGOs to ensure a participatory decision-making process.
Summary of Grievance Procedure
Stages in Response Required Activities Handling Jamoat Head or Hukumat Jamoat GRC responds to questions and/or complaints. If no representative and KMK response within 14 days, or response is unsatisfactory, AP representative (Jamoat prepares a grievance in writing (utilize standard forms where GRC) possible). Contact names: Chairman of the Tugarak Jamoat - Mr. Sharipov Davlat Safaraliyevich tel.988-28-08-88, 908 09-44-44, Chairman of Rudaki Jamoat, Anoriston - Mr. Nematzoda Ibodulloi Rahmat tel.985-26-80-63, Chairman of Dahana Jamoat - Mr. Abdurahmonov Radjabali tel.918-93-76-70, Chairman of Ziraki Jamoat - Mr. Zardiev Husniddin . Tel: 918- 010-003, Deputy Chairman of Ziraki Jamoat – Mss Mirowa Tamanno Tel.987-960-123, In SUE "KMK": First Deputy of General Director, Head of the PIG, Mr. Tuichizoda Ravshan Tel. 221 59 54 SUE”KMK” PIG civil engineer - Mr. Rahmatullo Sultonov tel. 919-32-28-98, e-mail;
From Contractors: LLC "Sarikishti" (Contract NCB-CW-06/07 "Climatic-proofed water supp ly systems in Vose district, Tugarak sub-project") Director - Mr. S. Makhsudov, tel. 918-76-2014 Ch. Engineer - Mr. Hayrullloi Rajabien, tel. 988-66-22-04 Construction Manager - Mr. Mahsudov Abdurahmon, tel. 985- 79-70-79; Site supervisor - Sulaimonov Davron, tel. 918-27-81-28;
LLC “Istiklol-20” (Contract NCB-CW-07 "Climatic-proofed water supply systems in Kulob district") Director - Mr. Yakubov Abdubashir, tel. 918-13-83-83 Ch. Engineer - Mr. Kazokov Emomali, tel. 934-88-89-86 Site supervisor - Mr. Nabiyev Jamshed, tel. 915-666-58-59; Supervior of the site - Razokov Abdumachit, tel. 988-73-49-02;
LLC “Bakht -82” (Contract NCB / CW-06 / VO-14 Anoriston water supply system, Rudaki Jamoat of Vose district); Director - Mr. Ubaidulloev A., tel. 985-85-05-05 Deputy Director - Mr. Tagoymurodov D., tel. 918-64-05-05 Construction Manager - Mr. Khamroev Mahmadamin, tel. 908- 81-10-06; District GRC committee Registers the written complaint and attempts to solve it. If complaint is not resolved in 16 days (or 30 days since the complaint logged in the Jamoat GRC) or unsatisfactory, the affected people can go to court for resolution. District Court of Law The District court hears the case and makes a final decision, which is binding on all parties.
53. The process for resolving complaints is defined as follows:
- Complaints will first be addressed to the Jamoat level through the GRC, where there is a representative of the local government and district authorities, the contractor, EA and the applicant will strive for the fastest and most effective resolution of the matter. If the complaint is not resolved within 14 days from the date of the appeal, the complainant will address a complaint with the District-level MRL/ORL Commission; - KMK at the district level, together with a representative of the local authority, contractor and other relevant stakeholders, will strive to properly resolve the issue (s) or complaint raised. The elected representatives of the affected party will have the opportunity to mediate, if the person affected by the project decides so. If the decision is not reached within 16 days, the affected parties may submit their case to the appropriate court; - If the complaint is resolved, the case is closed and this will be reflected in the complaint log accordingly. If the decision is not found at the district level, if the person affected by the project applies to the court. The GRM, however, does not limit the rights of affected people to trial directly in court from the very first step, bypassing the GR mechanism.
The grievance log books are kept in Jamoats, in particularly, in Jamoat Tugarak, in Jamoat Rudaki (Anoriston) –Vose sites and Ziraki and Dakhana Jamoats – Kulob sites. The field visit had revealed that the log books at all sites are designed as per the requirements.As of 01.10.2017, complaints from people were not received and thus not any complaints in the log books were registered.
Picture 1. The grievance log books for the Vose site- in the Jamoat Tugarak under the contract NCB-CW-VO7-1 "Water supply system in the village of Ibrat and Sulhobod, Tugarak jamoat" under the contract NCB-CW-VO7-2 "Water supply system in the Tugarak and Navbahor viliges Tugarak jamoat
Picture 1. The records in the grievance log books on the Vose site, Jamoat Tugarak under the contract NCB-CW- VO7-1 "Water supply system in Ibraht and Sulhobod villages, Tugarak jamoat" and under contract NCB-CW-VO7-2 "Water supply system in Tugarak and Navbahor villages Jamoat Tugarak "
.Picture. 3 List and contacts of the authorized persons who receive and review complains on the Vose site - in the Jamoat Tugarak under contract NCB-CW-VO7-1 "Water supply system in the Ibraht and Sulhobod villages, Tugarak jamoat" and under contract NCB-CW- VO7-2 "Water supply system in Tugarak and Navbahor villages jamoat Tugarak".
Picture 4 Grievance log books the Kulobb-Dahana site, under the contract "NCB-CW-07-K02, Kulob water supply system"
Picture 5. List and contacts of authorized persons who receive and review complaints on the Kulob-Dahana site, at the Dakhana Jamoat site, Kulob under the contract "NCB-CW-07-K02, Kulobb: water supply system"
Picture 6. Log-book grivance on Kulob-Ziraki site, under the contract "NCB-CW-07-K08, Kulobb: water supply system"
Picture 7. List and contacts of authorized persons who recieves and review complaints of the Ziraki jamoat, Kulob under the contract "NCB-CW-07-K08, water supply system"
F. CONCLUSION AND RECOMMENDATIONS
54. Due diligence review of sub-projects is carried out on the basis of detailed technical drawings, field visits, and consultations with a group of engineers, with PIO specialists at the central and local levels, as well as with end-users of sub-projects.
55. The results of a proper survey and due diligence suggest that none of the sub-projects listed in the envisaged contract packages has cause land acquisition and / or involuntary resettlement. Rehabilitation / construction of sub-projects taking place within the existing land plot / allotment and / or on the lands of the state land reserve, and thus there is no need for the allocation of land in private ownership / use.
56. During the reconstruction and construction work on the sites of some of the sub- projects, manual labor is applied taking into account the complex terrain and difficulties with access to sub-projects' sites. This greatly contributed to avoid the impacts of land acquisition and forced relocation on the sites of sub-projects.
57. So far, the construction works have been confined to the existing right of ways and had no or minimum disturbance. It was ensured, that in new construction works similar tactics within same borderlines is applied. Yet, to avoid or reduce the potential minimum impact of extension of works on the additional sites the stakeholders were reminded on the following issues:
- Informing all residents, local households about the duration of work through jamoats and mahalla leaders;
- Provision of temporary access through trenches for pedestrians and metal sheets where vehicle access is required;
- Also, where appropriate, on the stretches which cause disturbance, increasing the workforce and using appropriate equipment, was recommended to complete the work in a minimum timeframe;
- While no water (both drinking and irrigation) disruption has occurred as part of the planned works, the contractors were reminded that, if this happens, people should be informed well in advance through jamoats and mahalla heads, and provided with alternative source of water for the duration of disruption.
- The contractor must, above all, ensure proper access to housing and business (if any), so that the impact of temporary breach of order during construction is minimal. The solutions and alternatives should be discussed with a group of engineers
58. If and when the contractor needs land on a temporary basis, the lease must be agreed between the contractor and the owner of the land (the owner of land use rights) on the basis of mutually agreed terms and on the basis of loss of income by the land owner / secondary land user / tenant during the period of its use contractor. After completion of the work, the land that was temporarily used should be restored in its former condition to the project and returned to the owner / user with mutual settlements on the basis of the contract. One of the conditions for the final payment of construction works to contractors is the submission of supporting documents and certificates that all the temporarily used lands have been fully restored and brought to the state before the start of the project and that there are no unresolved issues of compensation related to temporary land use.
59. All necessary steps should be taken during construction to avoid temporary impacts like loss of access leading to impact on livelihoods or any other kinds of restrictions, as cited above. The PIO specialists will closely monitor the implementation stage to ensure compliance with the ADB social safeguard requirements as well as the national legislation. The PIO Monitoring and Evaluation Specialist will conduct regular internal monitoring and the outcomes will be reflected in the progress report, which will be submitted to ADB.
60. Any grievances by local people had to be addressed through the GRM established under the project and applied to both environmental and social safeguards.
61. If during the project implementation any unforeseen impacts or additional consequences are identified, SUE KMK / PIO will prepare a LARP in accordance with the LARF and ADB Safeguard Policy Statement 2009 (SPS), as well as the relevant requirement of national legislation. Until such planning documents are formulated, uncovered and approved (by ADB), the PIO will not start implementing specific sub-projects in which the consequences of forced / involuntary resettlement have been identified.