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Barki Tojik for the Asian Development Bank (ADB) Social Monitoring Report Project No.: 43150-022 September 2017 Tajikistan: Regional Power Transmission Project Prepared by: Fichtner Consulting Engineers for JHSC Barki Tojik for the Asian Development Bank (ADB) This final social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. BARKI TOJIK OPEN STOCK HOLDING POWER COMPANY Dushanbe-Tajikistan Regional Power Transmission Project, Tajikistan ADB Grant No. 0213-TAJ Social Safeguards Compliance Final Monitoring Report for LARPs on the 220kV Transmission Lines Geran-Rumi, Kairakum-Asht, and Kairakum-Sughd (Final Report revised in August 2017) Fichtner Consulting Engineers Stuttgart – Germany August 2017 2 TABLE OF CONTENTS Abbreviations and Local Terms 4 Definition of Terms 5 Introduction to Socio-Economic Final Report 6 0. Executive Summary 7 1. Introduction and Description of Project and Line Corridors 1.1 Introduction and general overview 10 1.2 Geran-Rumi line 10 1.3 Kairakum-Asht line 11 1.4 Kairakum-Sughd line 12 2. Scope of Land Acquisition and Resettlement 2.1 Farms affected or: Who is the partner in the compensation process? 13 2.2 Scope of land acquisition according to type of intervention 14 2.3 Geran-Rumi line 15 2.4 Kairakum-Asht line 16 2.5 Kairakum-Sughd line 17 3. Socio-Economic Aspects of LARP and Impact of Line Construction 3.1 Socio-economic situation in the project areas 18 3.2 Impacts of project on local communities 18 4. Legal Framework and Compensation Policy 4.1 Policy and legal framework for land acquisition and resettlement 21 4.2 Tajikistan constitution, law and regulation on land acquisition, resettlement, and compensation for expropriation 21 4.3 ADB’s Policy on Involuntary Resettlement 22 5. Gender Impact and Mitigation Measures 25 6. Information, Consultation and Disclosure Process 6.1 Information and consultation 26 6.2 Resettlement and relocation options for APFs losing agricultural lands 27 6.3 Community responses to the project 28 6.4 Diclosure 29 7. Grievance Redress Mechanism Established and Applied 7.1 The established grievance redress mechanism 30 7.2 Results from consultation and monitoring process application 31 8. Institutional Framework 8.1 Institutional arrangements 32 8.2 Commission on Assessment of Damages and Losses 33 8.3 Barki Tojik’s institutional capacity building in resettlement 33 8.4 Resettlement database 34 9. Resettlement/Compensation Budget 9.1 Introduction to compensation policy adopted 34 9.2 Geran-Rumi line 37 9.3 Kairakum-Asht ine 37 9.4 Kairakum-Sughd ine 37 10. Monitoring and Evaluation 10.1 M+E system, it performance and results 38 10.2 Institutional support to PMU 40 11. Conclusions Regarding Compliance of Project with ADB SPS 2009 Requirements 41 12. Conclusions 42 13. Recommendations 43 13. References 44 Attachment Photo-Documentation of Line Condition in February 2017 45 3 Abbreviation ADB Asian Development Bank AF Affected Family agric. agricultural AP Affected Person BT Barki Tojik CBO Community Based Organization CC Civil Code CADL Commission on Assessment of Damages and Losses DMS Detailed Measurement Survey SEMD Barki Tojik PMU Social and Environment Monitoring Department GoT Government of Tajikistan GRC Grievance Redress Committee IOL Inventory of losses IR Involuntary Resettlement ha hectare/s hh household/s HVTL High Voltage Transmission Line kg kilogram LA land acquisition LARP Land Acquisition and Resettlement Plan LC Land Code MEI Ministry of Energy and Industry NGO Non-Governmental Organization p.a. per year p.c. per person p.m. per month PAP Project Affected Persons PMU Project Management Unit of Barki Tojik ROW Right Of Way RoT Republic of Tajikistan SEMD Barki Tojik PMU Social and Environment Monitoring Department SME Small and Medium-sized Enterprise/s t tower TJS Tajik Somoni (US$ 100 = TJS 626 in July 2015 and TJS 800 in February 2017) TL Transmission Line USD United States Dollars ZOI Zone of Influence Local Terms aryk Irrigation channel dekhan farm Farm under private management organized either individually, by a family or collectively Goskhoz State farm Hakim Chairman of Rayon administration Hukumat District Administration Jamoat Sub-District, Sub-District Administration Kolkhoz Soviet-era collective farm Land Committee Responsible body of District for all land related questions Mahalla Village/neighbourhood Mahalla committee Board of mahalla organization (with all citizens in the mahalla area as members) Oblast Region Rais Chairperson (Tajik term, e.g. chairperson of neighbourhood = rais mahalla) Rayon District sotikh Russian square measure of 100 m2 Sovkhoz Soviet-era state-owned farm 4 Definition of Terms Affected persons - Means all the people affected by the project through land acquisition, (APs) relocation, or loss of incomes and includes any person, household Also: Affected families (sometimes referred to as project affected family), firms, or public or (AFs) private institutions. APs therefore include; i) persons affected directly by the safety corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project. Compensation - Means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. Cut-off date - Means the date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. Detailed - Means the detailed inventory of losses that is completed after detailed Measurement Survey design and marking of project boundaries on the ground by the (DMS) contractor. Entitlement - Means the range of measures comprising cash or compensation in kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base. Inventory of Losses - Means the pre-appraisal inventory of assets as a preliminary record of (IOL) affected or lost assets. Land acquisition - Means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for compensation at replacement costs. Poor - Means those falling below the official national poverty line. Replacement cost - Means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Replacement Cost - This refers to the process involved in determining replacement costs of Study affected assets based on empirical data. Significant impact - Means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). Vulnerable - Means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes: (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less, which is not applicable in Tajikistan’s irrigated sector where land sizes are only one hectare on average). 5 Introduction to Socio-Economic Final Report This Report aims at providing an overview on the implementation of three LARPs which were elaborated, updated and followed up within the frame of the ADB-GoT-CAREC Project in various areas of Tajikistan (ADB Grant No. 0213-TAJ). The report is based on the final version of each LARP. It is taking up the structure of the LARPs and thereby showing the development of each LARP during the construction phase and including the results of the final monitoring after completion of construction works: i. 220 kV HVTL between Geran substation and Rumi substation in Khatlon Oblast, based on LARP of 2012, and updated LARP of September 2014, with some addenda by Barki Tojik PMU during construction works within the financial framework of the provided contingencies; ii. 220 kV HVTL between Kairakum substation and Asht substation1 in Sughd Oblast, based also on LARP of 2012, implemented without addenda but with changes in the addressees for compensation payments based on a Due Diligence Survey Mission 1st until 4th April 2014 after wrongly made compensation payments to farm representatives instead of affected people; iii. 220 kV HVTL between Kairakum substation and Sughd substation in Sughd Oblast, based on LARP of 2015 with addendum of 2016 and some minor changes during construction without any adverse impact on houses or additional requirement agricultural areas. The implementation of all three LARPs were constantly monitored by Barki Tojik’s M+E Department and annually at least by one mission of the consultant’s socio-economic expert.
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