Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

GOVERNMENT OF THE ISLAMIC REPUBLIC OF AFGHANISTAN MINISTRY OF URBAN DEVELOPMENT AND LAND (MUDL)

Afghanistan Land Administration System Project (ALASP) The World Bank assisted

Social Management Framework Final Report February 2019

1 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Table of Contents

List of Tables ...... 6 List of Acronyms ...... 7 Executive Summary ...... 10 1. Introduction ...... 16 1.1 Background ...... 16 1.1.1 Land Issues ...... 16 1.2 Project Description ...... 16 1.2.1 Project Development Objective(s) ...... 17 1.2.2 Project Components ...... 17 1.3 Cross Cutting Activities ...... 18 1.3.1 Project Area ...... 20 1.3.2 Project Beneficiaries ...... 20 1.4 Social Assessment & Management Frameworks ...... 20 1.4.1 Social Management Framework ...... 21 1.5 Social Assessment – Purpose and Objective ...... 21 1.5.1 Scope of the Assignment ...... 21 1.5.2 Approach and Methodology ...... 21 2. Socio-Economic Baseline ...... 23 2.1 Profile of the Country ...... 23 2.2 Demographic ...... 24 2.2.1 Population: Urban Rural and Nomadic Distribution ...... 24 2.2.2 Sex Ratio ...... 25 2.2.3 Household Size ...... 25 2.2.4 Age Distribution ...... 25 2.2.5 Female Headed Households ...... 26 2.2.6 Life Expectancy and Mortality ...... 26 2.2.7 Education ...... 27 2.2.8 Literacy ...... 27 2.2.9 Gender Equality ...... 28 2.3 Socio-Economic ...... 28 2.3.1 Housing Tenure ...... 28 2.3.2 Occupations ...... 28 2.3.3 Employment Sectors ...... 29 2.3.4 Mobile Telephones ...... 29 2.3.5 Farming ...... 30 2.3.6 Land Holding Size ...... 30 2.3.7 Farming Costs ...... 30 2.3.8 Livestock ...... 31 2.3.9 Poverty Incidence ...... 31 3. Legal and Policy Framework ...... 32 3.1 Introduction ...... 32

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3.2 Laws and Policies of Afghanistan ...... 32 3.2.1 The Constitution of Afghanistan (2004) ...... 32 3.2.2 The Law on the Preservation of Afghanistan’s Historical and Cultural Artifacts (2004) 33 3.2.3 The Environment Law of Afghanistan (2007) ...... 33 3.2.4 The Labor Law (2007) ...... 34 3.2.5 National Environmental Impact Assessment Policy (2007) ...... 34 3.2.6 Administrative Guidelines for the Preparation of Environmental Impact Assessments (2008) ...... 34 3.2.7 Law on Land Expropriation (2009) ...... 35 3.2.8 Sub National Governance Policy (SNGP) 2010 ...... 36 3.2.9 National Policy on Internally Displaced Persons (IDPs) in Afghanistan (2013) ... 36 3.2.10 Access to Information Law (2014) ...... 37 3.2.11 National Regulations for Environmental and Social Impact Assessment (2008) .. 37 3.2.12 National Regulations for Environmental and Social Impact Assessment (2017) .. 37 3.2.13 National Land Policy (2018) ...... 38 3.2.14 Policy Framework for Returnees and IDPs (2017)...... 39 3.2.15 The Law on Land Acquisition (2017) ...... 39 3.2.16 The Land Management Law (2017) ...... 39 3.2.17 Law on Prohibition and Prevention of Harassment of Women and Children (2018) 40 3.2.18 Protection of Property Rights ...... 40 3.2.19 Afghanistan’s Gender Strategy ...... 40 3.2.20 National Laws and Policies on Disability ...... 40 3.2.21 Regulation on Registration of Urban Informal Properties (RRUIP) 2017 ...... 41 3.3 World Bank Safeguard Policies Triggered ...... 42 3.3.1 World Bank ESA Screening Categories ...... 42 3.3.2 Involuntary Resettlement (OP/BP 4.12) ...... 43 4. Impact Assessment – Surveys and Consultations ...... 45 4.1 Household Surveys and Consultations ...... 45 4.1.1 Purpose ...... 45 4.1.2 Sampling ...... 45 4.2 Profile of HH Surveyed ...... 46 4.2.1 Ethnicity ...... 46 4.2.2 Religion ...... 46 4.2.3 Native Language ...... 47 4.2.4 Family Type...... 47 4.2.5 Family Size and Sex Ratio ...... 47 4.2.6 Literacy ...... 48 4.2.7 Employment ...... 48 4.2.8 Asset Ownership ...... 49 4.2.9 Average Monthly Income ...... 50 4.2.10 Ownership of Land ...... 51

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4.2.11 Satisfaction with Land Surveys ...... 51 4.2.12 Occupancy Certificates – Issuance ...... 52 4.2.13 Occupancy Certificates - Perceptions ...... 52 4.2.14 Title Deeds ...... 55 4.3 Stakeholder Engagement – Consultations ...... 55 4.3.1 Observations/ Suggestions/ Expectations from FGDs and KIIs ...... 56 4.3.2 Public Consultation and Disclosure Workshop ...... 57 5. Project Impacts and Risks ...... 59 5.1 Impacts due to Project Interventions ...... 59 5.2 Project Risks and Mitigation Measures ...... 63 5.3 Potential Impacts and Risks...... 64 6. Social Management Framework ...... 65 6.1 Introduction ...... 65 6.2 Social Management Plan ...... 65 6.3 Citizen Engagement Strategy ...... 67 6.3.1 Communications Strategy ...... 67 6.3.2 Stakeholder Consultations: Participatory Planning, Implementation and Monitoring ...... 68 6.3.3 Citizen Feedback Model - ICT ...... 68 6.3.4 Support from Grievance Redress Mechanism ...... 69 6.3.5 Independent External Third Party Monitoring ...... 69 6.3.6 Information, Education and Communication Strategy ...... 69 6.4 Gender Strategy ...... 69 6.5 Grievance Redress Mechanism (GRM) ...... 70 6.5.1 Objective of the GRM ...... 70 6.5.2 Grievance Redress Committee (GRC) ...... 71 6.5.3 Project Grievance Redress Committee (PGRC) ...... 71 6.5.4 Documentation of the GRM Processes ...... 72 6.5.5 Other Options ...... 73 6.5.6 Legal Options to PAFs ...... 73 6.6 Institutional and Implementation Arrangements ...... 73 6.6.1 Overall Institutional Arrangements ...... 73 6.6.2 Social Safeguards Implementation Arrangements ...... 74 6.7 Monitoring ...... 75 6.7.1 SMF supervision ...... 75 6.7.2 Social Indicators ...... 75 6.7.3 Half-Yearly Independent External Third Party MEAL (IETP MEAL) ...... 76 6.7.4 Monitoring Plan ...... 76 6.8 Capacity Building Strategy ...... 77 6.8.1 Objectives ...... 77 6.8.2 Approach ...... 77 6.8.3 Training Providers ...... 77 6.8.4 Details of Training Programs ...... 78

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6.8.5 T1. Orientation/ Learning Training Programs ...... 78 6.8.6 T2. Training on the SMF and Management Plans...... 78 6.8.7 T3. Training on Environmental and Social Management ...... 78 6.8.8 Training Budget ...... 79 6.9 Budget ...... 79 6.10 Means of Disclosure ...... 80 7. Annexures ...... 81 7.1 Annexure 1: Public Consultation and Disclosure Workshop ...... 81

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List of Tables

Table 1: Sample Distribution...... 45 Table 2: Social Category of Surveyed Families ...... 46 Table 3: Religious Category of Surveyed Families ...... 46 Table 4: Native Language of the Surveyed Families...... 47 Table 5: Family Type ...... 47 Table 6: Average Family Size and Sex Ratio ...... 47 Table 7: Literacy Levels of Surveyed Head of Households ...... 48 Table 8: Employment of Head of Households ...... 48 Table 9: Employment Rate among Surveyed Families ...... 49 Table 10: Asset Ownership ...... 49 Table 11: Distribution of Families on the Basis of Average Monthly Income ...... 50 Table 12: Average Income of Different Income Groups ...... 50 Table 13: Average Monthly Income by Source ...... 50 Table 14: Duration of Ownership of Land ...... 51 Table 15: Reasons for Satisfaction / Dissatisfaction from Land Surveys ...... 51 Table 16: Occupancy Certificate Obtained ...... 52 Table 17: Perceived Use of OC ...... 52 Table 18: Perceptions on the benefits of OC ...... 52 Table 19: Difficulties in OC Application Process ...... 53 Table 20: Suggestions for Improving OC Process ...... 53 Table 21: Use of OC in Land Transaction ...... 53 Table 22: Registration of Land by Owners ...... 54 Table 23: Benefits of Having OC ...... 54 Table 24: Suggestions on Process for getting OC ...... 54 Table 25: Knowledge about Title Deeds ...... 55 Table 26: Where to get the Title Deeds From ...... 55 Table 27: Community Observations/ Suggestions/ Expectations of Respondents ...... 56 Table 28: Likely Social Impacts due to Project Interventions ...... 59 Table 29: Project Risks and Mitigation Measures ...... 63 Table 30: Social Management Plan ...... 65 Table 31: Grievance Redressal Mechanism ...... 72 Table 32: Implementation Arrangements ...... 75 Table 33: Monitoring Indicators ...... 76 Table 34: List of Training Programs ...... 79 Table 35: Training Budget ...... 79 Table 36: Total administrative budget social management activities ...... 80

6 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

List of Acronyms

AFPOS Afghanistan Positioning System ALASP Afghanistan Land Administration System Project ALCS Afghanistan Living Conditions Survey ALPIS Afghanistan Land Pricing Information System ANDAP Afghanistan National Disability Action Plan ANPDF Afghanistan National Peace and Development Framework ASA Afghanistan Surveyors Association BCE Before Common Era BP Bank Policy CDCs Community Development Councils CEDAW Convention on the Elimination of all forms of Discrimination against Women CEO Chief Executive Officer CFA City for All CHMP Cultural Heritage Management Plan CoC Certificate of Compliance CORS Continuously Operating Reference Stations CSO Central Statistics Organization CTU Cadastral Territorial Unit DBMS Database Management System DLC Developing the Land Code DMS Document Management System EHS Environmental Health and Safety EIA Environmental Impact Assessment EIS Environmental Impact Statement EMF Environmental Management Framework EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework FAO Food and Agriculture Organization FAQs Frequently Asked Questions FGD Focus Group Discussion GIS Geographic Information System GoIRA Government of Islamic Republic of Afghanistan GPS Global Positioning System GRC Grievance Redress Committee GRM Grievance Redress Mechanism GRS Grievance Redress Service GSM Global System for Mobile Communications HH Households

7 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

ICLA Institute of Cartography and Land Administration ICT Information and Communications Technologies ID Identity Deeds IDLG Independent Directorate of Local Governance IDPL Institutional Development Plan for Land Administration IDPs Internally Displaced Persons IEC Information Education Communication IETP Independent External Third Party IGS International Geodetic Service ISAF International Security Assistance Force ISSP Information System Strategic Plan IT Information Technology ITRF International Terrestrial Reference Frame KIIs Key Informant Interviews LAL Land Acquisition Law LAP Land Administration Policy LARA Land Reform in Afghanistan LGAF Land Governance Assessment Framework LIS Land Information System LML Land Management Law LTERA Land Titling and Economic Restructuring Activity M&E Monitoring & Evaluation MEAL Monitoring Evaluation Audit and Learning MIS Management Information System MMR Maternal Mortality Ratio MTR Mid-Term Review MUDL Afghanistan Independent Land Authority NEET Not in Education, Employment and Training NEPA National Environmental Protection Agency NGOs Non Governmental Organizations NLC National Land Code NLP National Land Policy NRVA National Risk and Vulnerability Assessment NSDI National Spatial Data Infrastructure OC Occupancy Certificates OP Operational Policy PAFs Project Affected Families PDO Project Development Objective PGRC Project Grievance Redress Committee PIU Project Implementation Unit PMU Project Management Unit

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QA Quality Assurance QC Quality Control RAP Resettlement Action Plan RPF Resettlement Policy Framework RTK Real Time Kinematic SA Social Assessment SDLC System Development Life Cycle SIA Social Impact Assessment SMF Social Management Framework SMP Social Management Plan SNGP Sub National Governance Policy SOA Service Oriented Software Architecture SOPs Standard Operation Procedures TA Technical Assistance TD Title Deeds TIKA Turkish International Cooperation and Development Agency TKGM Turkish Land Administration Agency TV Television UN United Nations UNDESA United Nations Department of Economic and Social Affairs USAID United States Agency for International Development USD United States Dollar VGGT Voluntary Guidelines on the responsible Governance of Tenure of Land WB World Bank

9 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Executive Summary

Background The Afghanistan land sector is plagued by a multitude of problems linked to weak governance, corruption and lack of capacity. There are competing claims to land, widespread conflicts, resultant landlessness and poverty. Other issues are limited availability of undisputed farmland, difficulties in accessing grazing lands and many disputes over pasture lands. These issues are exacerbated by conflicting land ownership systems, insecure land tenure and registration, weak land governance environment and uncertain and incomplete legal frameworks. Further, formal and informal dispute resolution mechanisms coexist with inadequate resolution of conflicts over land.

Project Description The Afghanistan Land Administration Systems Project is being prepared by the Ministry of Urban Development and Land (MUDL) with support from The World Bank. The Development Objective of the project is (a) to support the development of the Afghanistan land administration system; and (b) to provide the population in selected areas with improved land registration services, including issuance of Title Deeds (TD) and Occupancy Certificates (OC).

The Project will comprise three components: (1) Land Policy and Institutional Strengthening; (2) Developing Technological Capacity, Information and Systems for Land Administration; and (3) Project Management, Monitoring and Evaluation. The project will focus on the critical building blocks required to develop a modern land administration system in the country, while allowing implementing agencies to gain experience in land survey, registration and other related activities in Kabul, Herat and six other cities. Building upon the work led by UN Habitat, the project will also support the issuance of land Occupancy Certificates (OCs) and Title Deeds population in Urban Informal Settlements. The transition from deed to title registration will continue as well as the development of national capacity for land survey and valuation. Subsequently, the Land Information System (LIS) would be made fully interoperable with other relevant information systems in the country, leading in time to the eventual establishment of a National Spatial Data Infrastructure (NSDI).

Cadastral surveying and land registration will focus on selected urban districts of Kabul and Herat, with an expected target of 100,000 parcels. Issuance of OCs and TDs in informal settlements will focus on 8 cities – Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan, with an expected target of 150,000 parcels.

Social Management Framework The ALASP was categorized as B Category project. The project has conducted a Social Assessment and prepared a Social Management Framework (SMF) for this project. Along with desk research, household surveys were conducted to identify impacts and risks posed by the implementation of RRUIP under ALASP. A total of 80 households were surveyed and 24 Key Informant Interviews were conducted with sampling in the four cities of Jalalabad, Mazar-e-Sharif, Herat and Kandahar. The survey covered households who have received OCs those whose property had been surveyed, but who were yet to apply for OCs. A total of 24 consultations with about 460 persons were conducted and a National level consultation workshop to discuss and the impacts, risks and mitigation/ management measures and to get feedback was conducted. Based on this secondary and primary research and assessment this SMF was prepared. This SMF comprises a Social Management Plan

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(SMP), Citizen Engagement Strategy, Gender Strategy, Grievance Redressal Mechanism, Implementation Arrangements, Monitoring, Capacity Building Strategy and Budget.

Legal and Policy Framework The key laws governing the land sector include the Law on Land Acquisition (2017) and the Land Management Law (2017). In 2018, the cabinet approved the National Land Policy, which provided the policy framework for compensation in case of land expropriation. The Law on Land Acquisition provides the legal basis for land acquisition and compensation. It provides for the range of public interest projects (including infrastructure) for which property may be expropriated and also defines properties whose expropriation is prohibited. The law contains provisions for valuation, compensation and resettlement in case of expropriation. The Land Management Law (2017) aims to create a legislated, unified, reliable land management system. It provides for a standard system for land titling, land segregation and registration; prevent illegal land acquisition and distribution; access to land to people; and conditions for appropriation of lands. It also provides for regulation of government lands by the Land Authority (erstwhile ARAZI, present MUDL).

The Regulation on Registration of Urban Informal Properties 2017 (RRUIP) provides for issuance of Occupancy Certificate (OC). It lays down the principles to provide an Occupancy Certificate (OC), and facilitate issuance of Title Deed (TD) to households, collect safai tax by the municipalities, and is a step towards providing secured assets that are on state and private land. Based on the assessment, it can be safely concluded that the process covers two phases. Phase I is a community-led validation process to survey land plots and identify households occupying such plots within the informal areas (which has been implemented by UN-HABITAT supported by European Union and USAID under City For All program from 2016 onwards and will end in 2020). This includes a participatory process to map areas of each land plot in informal urban areas. The Phase II will cover the processes for issuance of OCs under the RRUIP by MUDL. Phase II and will be supported by the ALASP project.

The implementation of RRUIP may result in social risks such as loss of livelihood and/or shelter. Thus the World Bank’s Operational Policy 4.12 has been triggered to assess and develop mitigation measures.

Project Interventions and Impacts The project activities and likely social impacts due to project interventions are given below:

Activity Impact Component 1 – Land Policy and Institutional Strengthening: Strengthening the Land Policy,  Clarity on land issues Regulatory and Institutional  Better land dispute resolution Framework Institutional and Technical Capacity  Systems developed, trained and professional staff available Building Public Awareness Raising,  Awareness creation Communication and Citizen  Citizen empowerment Engagement  Negative impacts may be that the poor, vulnerable and women might be left out of the campaign  Component 2 – Developing Technological Capacity, Information and Systems for Land Administration:

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Developing Geo-information  Provide land security to titleholders Infrastructure  Improves land values  Pave the way for title deeds Designing and Implementing a Land  Ease in obtaining title deeds Information System (LIS)  Provide long-term benefits for sale, purchase and transfer of land. Supporting Cadastral Surveying and  People in ‘formal areas’ will gain from receiving title to private property Land Registration in Selected Areas Supporting Issuance of Occupancy  Help in the recognition of user rights of occupiers of state land which Certificates (OCs) in Selected Areas is a step towards formalizing the state land under possession.  Negative impacts arise from weak capacity to pay at fair market price that may lead to surrender of area beyond threshold limit; may impact structural safety, in case area needs to be surrendered; may be excluded from the benefits if unable to provide proof of ownership, etc.  Possibility of hike in fees Project Management, Monitoring  Knowledge management and learning to improve outcomes and Evaluation

The social risks and the proposed mitigation/ management measures are given below:

Project Risks and Mitigation / Management Measures Likely Social Risks Mitigation / Management Measures The laws / procedures/rules developed under Each law/ procedure / rule prepared under this project must go the project may not represent the interests of through a process of public consultation after proper disclosure in the poor, vulnerable and women and may be the public domain, in the local language. Representatives of the turned to benefit the elite. poor, vulnerable and women would be separately consulted, at a place and time convenient to them and with sufficient notice. The feedback from the consultation process will be taken into account and the law/ code will be amended suitably or mitigation will be proposed in the law itself. The final version will go through disclosure, consultation, feedback and amendment cycle, till all the objections are sorted out. The poor, vulnerable groups and women may A two-way communication strategy (including IEC campaigns, be excluded from awareness creation and with FAQs, leaflets and brochures) is suggested to incorporate the communication activities. Their voice may not feedback of poor, vulnerable and women. A Gender Action Plan be heard. Citizen Engagement may not be has also been prepared to check this risk in the planning stage itself. effective Monitoring indicators developed for the project will track this risk

The project stakeholders may not be able to A detailed capacity building strategy and budget is being provided understand their roles related to social issues to address this risk. The project would deploy community facilitators in the field to create awareness about roles and responsibilities. Monitoring mechanisms developed for the project are to be adapted to track this risk MUDL capacity issues with regard to people The Social Specialist at MUDL and Communications Experts at management and community awareness MUDL field offices will be responsible for Grievances creation and communications may affect Management and would address this risk. Overall, project project outcomes implementation strategy addresses this risk by facilitating organizational development and capacity building. A detailed capacity building strategy and budget is being provided to address this risk.

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Grievances of key stakeholders may not be A robust Grievance Redressal Mechanism is proposed to be set up addressed properly to address this risk during planning and implementation. Options to reach The World Bank GRM with regard to grievances is provided to check this risk at all times. The Social Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for Grievances Management to address this risk. Project information may not reach the key A detailed IEC campaign is proposed before project activities take stakeholders, thus making them disinterested off to address this risk during design stage itself. The Social in participating. Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for social mobilization and awareness creation are proposed to address this risk. Culturally appropriate IEC material aimed at the local communities would be developed Likelihood of losing property and/or The detailed analysis of adverse impacts and mitigation measures livelihoods as the procedures more specifically are provided in RPF that provides for replacement cost of asset lost related to OC may not take into consideration and rehabilitation due to loss of asset. claimants without document to prove their ownership or may not have the capacity to pay leading to surrender of area and or above the 1000 sqm. There is a possibility of hike in MUDL fees MUDL will conduct a Capacity To Pay study for such kind of (for reasons of financial sustainability) for charges/ fees for its services. MUDL will either not charge these issuance of certificate, title deeds, surveys, poor, vulnerable and women any charges or a bare minimum valuation, etc. Most of the poor, vulnerable nominal charge. MUDL will use telescopic tariff model with and women are not in a position to take on minimum charges for small residential plots and increasing charges these charges. for larger commercial/ industrial plots.

Possibility of land transfer and land use When any land use change and transfer of land takes place, MUDL change in order to allot public / state land to will conduct an Environmental and Social Impact Assessments, industry, business or housing interests. This disclose the same in public domain in local languages and conduct could have impacts on agricultural public consultations. Based on these public consultations’ production, food security, loss of common feedback, MUDL will develop Management Plans to mitigate/ property resources, etc. mange the impact due to this land use change and implement the same. Land use change can be effected only after successfully implementing the mitigation/ management plans.

Citizen Engagement Strategy Citizen Engagement (CE) will form an integral part of ALASP implementation to enable an effective two-way interaction between citizens and governmental officials. The primary focus will be to ensure that project beneficiaries understand what to expect from this project, so as to gain their trust and confidence during surveying, registration and issuance of OCs. MUDL will set up an Information Center. The proposed Communication Experts at the field level, would act as a communication bridge between citizens and the Municipalities and MUDL. The Communications Strategy will have a mix of mass communications, advocacy (general and targeted), community mobilization and social messaging and use tools including mass media, social advertising, direct interaction, and development of platforms and champions, at the local levels. The strategy would aim at a) informing the occupants about the OC program; b) making the occupants aware of the provisions of RRUIP, LML and the RPF; c) creating awareness about the document requirements for granting OCs; and d) creating awareness on the Grievance Redress Mechanism.

Grievance Redressal Mechanism

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MUDL will establish a Grievance Redress Mechanism (GRM) for ALASP, to respond to queries about the project, resolve problems and addressing complaints and grievances. The Grievance Redress Committee will be established at the provincial level under the chairmanship of the Head of MUDL Field Office for redressal of grievances of the stakeholders. The Communications Expert of the MUDL Field Office would be the convener of this Committee. Provincial level heads of related departments (such as heads of municipalities) along with a community representative and a prominent Social Worker of the Province would be members. Grievances cannot be kept pending for more than a month. The GRC would be responsible for implementation of the redress with support from the MUDL field office. In case the aggrieved party is not satisfied with the proposed redress measures by the GRC, then the party can approach the MUDL Head Office for redressal. In order to address grievances which are escalated to MUDL Head Office, the Project GRC (PGRC) is formed with the CEO, MUDL as chairman and Social Specialist at MUDL Head Office as the convener. The PGRC will also monitor and review the grievances filed at MUDL Field Offices. This committee will include representatives from municipalities, a prominent academician, a prominent woman development professional and representative of a prominent voluntary organization. There is a provision for documentation of GRM processes and the GRM is envisioned as a continuous, transparent and participatory process that would be an integral part of the project’s accountability and governance agenda.

Institutional and Implementation Arrangements The Project will be implemented by MUDL through a Project Implementation Unit (PIU). The core team of the PIU will include a Social Specialist who would have overall responsibility for social safeguards issues and implementation of SMF. MUDL will incorporate the provisions of this SMF as actionable points in the Project Operations Manual or other similar document prepared for the project. The Social Specialist will oversee the application of these provisions and guide the process, while at the same time building the capacity of the field units. At the provincial level, one Communications Expert would be appointed at each field office for community engagement, communications, grievance redressal, gender, etc.

Gender Strategy As the National Land Policy (2017) mentions, Sharia law and the Civil Code guarantee comprehensive rights (ownership and inheritance) to land for both men and women. However, two factors prevent women’s attainment of their legal rights: the lack of knowledge about such laws and regulations and strongly embedded male-dominated social norms. This SMF proposes a Gender Equity Policy and Action Plan which provides for work place diversity and equal employment opportunity and deals with work place harassment and discrimination. The elements of the Gender Strategy include the following:

• When MUDL develops the land registry and LIS, it will include gender disaggregated information on women and other vulnerables as part of the baseline data collection for subsequent usage during mid-term and end-term evaluation. • Separate Consultations/ FGDs would be conducted at suitable times and locations with experienced Communications Experts of MUDL field offices at all stages of project interventions. • Gender and other vulnerables disaggregated monitoring indicators would be developed to monitor and evaluate the project • Representation of women in the GRM would be mandatory, both at GRC and at PGRC.

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• Female staff, wherever possible, would be deployed in MUDL and in ALASP operations to the extent possible. MUDL would deploy at least fifty percent women Communication Experts in its field offices. The project will establish a special desk at MUDL provincial offices, staffed by women, to process the OCs and facilitate property/ land leasing, renting and acquisition/ registration. MUDL is expected to follow the new government policy (IARCSC 2018) on increasing women’s participation in Civil Service by increasing the number of female staff by 2% every year. • To help promote normative change, the project will support comprehensive public awareness campaigns about women’s land rights in Islam. • The project has also taken up a study on Gender and the recommendations of this study will be implemented by the project.

Monitoring As part of the supervision plan, all the provinces where ALASP is being implemented will be visited at regular intervals by the Social Specialist. Once every year, the MUDL will prepare a report of the social safeguards status in the project districts including data and analysis of relevant parameters detailed in the document. The monitoring framework also provides for Independent External Third Party Monitoring Evaluation Audit and Learning (MEAL) consultants appointed by MUDL, who will do half-yearly social monitoring and audit of sub-projects, on a sample basis, for social safeguards compliance.

Capacity Building Strategy This SMF provides for capacity building for social management in MUDL for ALASP staff and participating communities. The objectives of these initiatives are to build and strengthen the capability of MUDL, participating agencies and to integrate sound social management into sub-project implementation. The trainings will also build capacity for SMF implementation, including social appraisal, preparation and supervision of mitigation plans, community-led social monitoring, etc. There would be a training needs assessment. Suitable training resources from among national and international experts would be identified by MUDL. The participants would include key officials of the project, participating agencies and members of community institutions. All the trained staff and master trainers developed for different training components will conduct onsite or offsite trainings (at provincial level). Periodic tracking of learning outcomes would help to institutionalize best practices.

Budget The total administrative budget for social management activities under the proposed ALASP has been worked out as Afn. 60 Million. The cost of implementing the proposed mitigation measures is not included in this costing. The detailed budget breakup is detailed in the document.

15 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

1. Introduction

1.1 Background

Afghanistan is facing multiple developmental challenges such as falling economic growth, high incidence of poverty and sharp inequalities apart from Taliban insurgency, narcotics production and weak governance and rule of law. The delivery of basic government services is challenged by corruption and lack of capacity. As in many other countries, Afghanistan’s development depends, to a Land, one of the five elements, is a very large extent, on the efficient use of its land important resource, because humans not only resources, both Rural and Urban. Agriculture live but also perform all economic activities is particularly important because of its relative on land. Ownership of Land offers a variety resilience to conflict. Improving the of financial benefits, such as initial functioning of land markets can help bolster investment, potential borrowing power, etc. There's a reason it's called “real” estate. both private sector confidence and state legitimacy. Insecure land tenure and registration are a serious drag on investors.

1.1.1 Land Issues

There are several land issues; which are mostly linked to weak governance, corruption and lack of capacity, plaguing Afghanistan and throttling its development. Some of these land related issues are listed below:

 Competing claims to land  Conflicting systems for land ownership  Insecure land tenure and registration  Land-grabbing  Weaknesses in land governance environment  Widespread land-related conflicts  Land induced conflicts, landlessness and poverty  Inadequate resolution of conflicts over access and usage of land  Uncertain and incomplete legal frameworks  Limited availability of undisputed farmland  Difficulties in accessing grazing lands  Disputes over pasture lands  Formal and informal systems for land dispute resolution  Prevalence of customary claims, and communal land rights  Difficulties in land allocation to displaced persons and returnees

1.2 Project Description

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Under these circumstances, the present project, Afghanistan Land Administration System Project is being prepared with The World Bank assistance. This project will be implemented by the MUDL.

1.2.1 Project Development Objective(s)

The Project Development Objective (PDO) is (a) to support the development of the Afghanistan land administration system; and (b) to provide the population in selected areas with improved land registration services. In the medium to long term, the Project will contribute to the establishment of a modern land administration system that will secure land tenure rights for all citizens and the State, based on an adequate policy, legal, institutional and technological framework that is responsive to the country’s context, needs and aspirations.

1.2.2 Project Components

The Project is designed within a programmatic framework, considering the land administration challenges faced by the country. These challenges create the need to build over time a clearer and comprehensive policy and legal enabling framework, institutional and technical capacity, professional knowledge and experience, technology and systems, as well as adequate cadaster and property registry information. Drawing on the overall framework of the IDPL, the project will focus on critical building blocks required to develop a modern land administration system in the country, while allowing MUDL and other relevant stakeholders, including municipalities and local communities, to gain experience in implementing land survey, registration and other land-market-related activities in two of the IDPL’s selected cities, namely Kabul and Herat. Moreover, building upon the work led by UN Habitat, the project will support the issuance of land Occupancy Certificates (OCs) to informal urban population ensuring a systematic approach to land tenure rights. Emphasizing modern technological approaches and global good practices suitable to the Afghan context, subsequent phases would help expand systematic land survey and registration to other urban, and eventually rural areas, as MUDL capacity is strengthened at the provincial level and new land policies and laws are made operational. This would further help decentralize land administration services and build citizens’ trust at the local level. In addition, the transition from deed to title registration will continue as well as the development of national capacity for land survey and valuation. Subsequently, the Land Information System (LIS) would be made fully interoperable with other relevant information systems in the country, leading in time to the eventual establishment of a National Spatial Data Infrastructure (NSDI).

The project will cover the following selected areas: (a) the cadastral surveying and land registration will focus on selected urban districts of Kabul and Herat, with an expected target of 100,000 parcels; and (b) issuance of OCs in informal settlements will focus on 8 cities – Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan, with an

17 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 expected target of 150,000 parcels. In the case of OC issuance, the selected areas have been expended to make Project support consistent with the geographical scope under the City for All (CFA) program Project Components

1.3 Cross Cutting Activities

Gender: The project will help address some aspects of the gender gap in women’s access to land ownership. A standalone gender assessment was carried out as part of project preparation. The purpose of this assessment was to gain insights and seek guidance on women’s land rights, the barriers they face, and recommendations to help close gaps related to these rights. Importantly, although Sharia law and the Civil Code guarantee comprehensive rights (ownership and inheritance) to land for both men and women, the latter face two constraints regarding these rights: lack of knowledge about such laws and regulations, and strongly embedded male-dominated social norms. For instance, women traditionally rely on their husbands or brothers to take care of them and as a result they are often reluctant to pursue land inheritance claims that would reduce men’s ability to play the role of breadwinner. As studies show, almost all land is registered in the name of the male head of household and less than 2 percent of women own land, most of whom are widows.

Accordingly, the Project’s strategy will focus on addressing constraints women face in land registration, including time, cost and bureaucratic and male dominated processes. Under Component 1, MUDL will develop key land administration related policy, laws and procedures, for which a gender expert will be contracted to ensure that women’s rights are adequately reflected. Furthermore, MUDL is committed to closing existing gender disparities by supporting, whenever possible, affirmative actions that are relevant to Component 2. These include, for example, providing a one percent discount on property-related transactions when a property has a female title holder, and waiving any required fee/s on transactions related to land registration for female title owners. MUDL will also ensure that OCs are issued jointly for men and women as required for properties in State land. Moreover, to help promote normative change while improving access to land related services, the project will support (i) a comprehensive public awareness campaigns about women’s land rights in Islam to gradually shift the traditions and customary laws, and (ii) establishment of a special desk at MUDL provincial offices in the selected areas, staffed by women. The desk will help process key transactions such as property/land leasing, renting, and acquisition/registration, including OC issuance. At the institutional level, the project will support MUDL in meeting the new government policy (IARCS) on increasing women’s participation in civil service through training and internships.

Citizen Engagement and Grievance Redress Mechanisms: Land in Afghanistan remains one of the main obstacles for development projects and most importantly for the ordinary citizen. Besides weak governance, corruption and lack of capacity, there are other factors such as competing claims to land, conflicting systems of land ownership, land grabbing etc., which

18 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 further complicate the issue of the ordinary citizen’s access to land. MUDL as the responsible institution for land administration is going through strategic reforms to ensure it can deliver on its assigned mandate to a wider range of its stakeholders. It is also beginning to understand the value of citizen engagement (CE) through different platforms including GRM.

MUDL’s launching of its new calling center/information center represents a very important step in CE. One of the three functions of the calling center will be a robust and responsive GRM system. The GRM system is currently under development, and it will require further improvement to ensure its functionality, accessibility and responsiveness. However, the strategic vision of MUDL GRM system is promising. The organization has taken into consideration key aspects of complaint handing system, including sustainability by training civil servants to operate the system. MUDL will need to work towards creating a sympathetic culture towards GRM and its role to be recognized as a tool for improving service delivery, and most importantly ensure a systematic approach to further expanding and improving GRM system within the organization.

Climate Change and Disaster Risks: The project was screened by the Climate and Disaster Risk Screening Tool at concept stage. The Report revealed that Afghanistan is facing rise in extreme temperatures as well as worsening drought conditions. Project interventions in terms of access to technology and land information systems would significantly reduce impact from climate hazards as it provides a critical service and allows government ministries and agencies generally to access improved information to strengthen their planning, design and implementation in support of better adaptation efforts across government. The incorporation of climate and disaster resilience across the Project activities is therefore critical to enable and facilitate improved and government-owned adaptation in Afghanistan.

The following Subcomponents and activities have direct climate change and disaster risk planning co-benefits. Each sub-component plays a key role in the overall strengthening of land administration and management in support of improved risk mitigation and adaptation efforts: (i) Subcomponent 1.1 will ensure that strengthened land policies reflect disaster and climate risk considerations in land surveying and management; (ii) subcomponent 1.2 will include training of MUDL staff on basic principles of climate-induced disaster resilience and the use of available risk information for improved adaptation; (iii) subcomponent 2.2 will support adaptation efforts through the incorporation of the existing disaster risk platform into the new LIS, which will support improved surveying and land registration; and (iv) subcomponent 2.3 will help generate geospatial information at the parcel level that can be used for urban disaster risk assessment and incorporation into urban planning. When land is registered and data on usage and ownership is available, MUDL and other stakeholders will have access to critical information necessary to ensure that land management in general takes into consideration climate-induced risk. Overall, the Government would have access to data and analysis that can inform land management efforts and improve planning, mitigation and adaptation in the medium term.

19 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

1.3.1 Project Area

The project will cover the following selected areas: (a) the cadastral surveying and land registration will focus on urban districts of Kabul and Herat. Kabul covers 22 districts with a total population of 4 million people, while Herat covers 12 districts with a total population of 1 million people; and (b) issuance of OCs in informal settlements, building on the survey and validation work carried out by UN Habitat, will focus on 8 cities, Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan.

The proposed project would have a national reach in terms of policy and geo-information infrastructure.

1.3.2 Project Beneficiaries

The key beneficiaries of the project would be: (i) owners and informal occupants of urban land, who would benefit from improved security of ownership and tenure rights, (ii) Municipalities through the cadastral information generated by the Project, which in the medium term could result in better municipal revenues to pay for services, revenue from increased transactions, and the eventual expected decrease in public expenditures on land conflicts and transactions; and (iii) MUDL and other agencies involved in implementation at national and sub-national level through capacity enhancement. More The Land Administration generally, the Project is expected to benefit the country’s Systems to be put in place population, including citizens that request titles for have to be environmentally investment purposes, through streamlining of the sustainable, socially methodologies and procedures, and improvement in acceptable, people-centred and land administration services. Afghanistan is among the pro-vulnerable to be effective. most disaster-prone countries in the world. The occurrence of natural disasters such as floods, landslides, drought and earthquakes has consistently had a significant impact on people and the economy. Investment in the geodetic infrastructure and cadastral mapping will benefit land surveying for establishing the Cadastre, the users of geospatial information and technologies, the scientific community responsible for earth monitoring and other sectors responsible for disaster planning and response.

1.4 Social Assessment & Management Frameworks

The Afghanistan Land Administration System Project, aims to a) put in place efficient land administration systems, b) resolve land related conflicts, c) bring the insecurity of tenures to an end by issuing Occupancy Certificates and Title Deeds, d) put systems in place to redress land related grievances, e) mitigate any other land related adverse impacts. To this end MUDL has initiated conducting Social Impact Assessment and preparation of a Social Management Framework and a Resettlement Policy Framework, for the project.

20 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

1.4.1 Social Management Framework

The purpose of this inception report is to bring out the methodology to be used, work plan to be followed, resource allocation in terms of human resources and field costs and deliverables to be submitted. This study will have 5 deliverables; an Inception Report, a Secondary Data Review Report, an SMF and a RPF.

1.5 Social Assessment – Purpose and Objective

The objective of this assignment is to undertake a detailed assessment of the existing and potential social risks and benefits that the project is likely to face during design and implementation. Based on a detailed secondary literature review, and exhaustive primary data collection, it has analyzed the policy-legal environment related to social aspects of the project, capacities of implementing agencies to manage these social risks and benefits and assess to what extent the state’s systems and processes are geared to address or mitigate these likely risks and enhance positive impacts. This assessment has been used to develop a Social Management Framework (SMF) for mitigating or avoiding adverse social impacts and for enhancing social benefits emerging from the project. The social assessment and management framework has been developed based on the principles of equity, gender inclusion, participation, transparency, accountability, citizen engagement and appropriate land management.

1.5.1 Scope of the Assignment

The scope of the assignment is summarized in the following eight steps: Step 1: Scoping of Project related Social Issues

Step 2: Detailed Social Assessment

Step 3: Assessment of Social Policy and Regulatory Environment

Step 4: Field Visits and Stakeholder Consultations

Step 5: Analysis of the information collected - Secondary Data Reveiw Report

Step 6: Development of SMFand RPF

Step 7: Disclosure of SMF and RPF

Step 8: Finalization of the SMF and RPF

1.5.2 Approach and Methodology

The approach and methodology used for conducting this assignment is summarized below:

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1. Literature Collection and Review 2. Desk Analysis 3. Tools (Household Survey Questionnaire and Community Consultation Checklist) Preparation and Field Testing were completed while preparing the Inception Report 4. Field Surveys - Primary Data Collection 5. Community Consultations through FGDs and KIIs 6. Data and Dialogue Analysis – Secondary Review Report 7. Social Management Framework (SMF) and Resettlement Policy Framework (RPF) Preparation – Draft Reports 8. Revising Reports based on Comments and Suggestions 9. Final Reports (SMF and RPF) Submission

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2. Socio-Economic Baseline

2.1 Profile of the Country

Afghanistan is a landlocked mountainous country located within South Asia and Central Asia. The country is the 40th largest in the world in size. Kabul is the capital and largest city of Afghanistan, located in the Kabul Province. Strategically located at the crossroads of major trade routes, Afghanistan has attracted a succession of invaders since the sixth century BCE. The Hindu Kush mountains, running northeast to southwest across the country, divide it into three major regions: 1) the Central Highlands, which form part of the Himalayas and account for roughly two thirds of the country's area; 2) the Southwestern Plateau, which accounts for one-fourth of the land; and 3) the smaller Northern Plains area, which contains the country's most fertile soil.

Land elevations generally slope from northeast to southwest, following the general shape of the Hindu Kush massif, from its highest point in the Pamir Mountains near the Chinese border to the lower elevations near the border with Uzbekistan. To the north,

23 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 west, and southwest there are no mountain barriers to neighboring countries. The northern plains pass almost imperceptibly into the plains of Turkmenistan. In the west and southwest, the plateaus and deserts merge into those of Iran. Afghanistan is located on the Eurasian Tectonic Plate. The Wakhan Corridor and the rest of northeastern Afghanistan, including Kabul, are situated in a geologically active area. Over a dozen earthquakes occurred there during the twentieth century.

The greater part of the northern border and a small section of the border with Pakistan are marked by rivers; the remaining boundary lines are political rather than natural. The northern frontier extends approximately 1,689 km southwestward, from the Pamir Mountains in the northeast to a region of hills and deserts in the west, at the border with Iran. The border with Iran runs generally southward from the Hari River across swamp and desert regions before reaching the northwestern tip of Pakistan. Its southern section crosses the Helmand River.

Afghanistan is bounded by six different countries. Its longest border is the poorly marked Durand Line, accounting for its entire southern and eastern boundary with Pakistan. The shortest one, bordering China's Xinjiang province, is a mere 76 km at the end of the Wakhan Corridor (the Afghan Panhandle), a narrow sliver of land 241 km long that extends eastward between Tajikistan and Pakistan. At its narrowest point it is only 11 km wide. The border with Pakistan runs eastward from Iran through the Chagai Hills and the southern end of the Registan Desert, then northward through mountainous country. It then follows an irregular northeasterly course before reaching the Durand Line, established in 1893. This line continues on through mountainous regions to the Khyber Pass area. Beyond this point it rises to the crest of the Hindu Kush, which it follows eastward to the Pamir Mountains. The Durand Line divides the Pashtun tribes of the region between Afghanistan and Pakistan. Its creation has caused much dissatisfaction among Afghans and has given rise to political tensions between the two countries.

2.2 Demographic

2.2.1 Population: Urban Rural and Nomadic Distribution

The ALCS 2016-17 (The Afghanistan Living Conditions Scurvy, 2016-17), based on the CSO population estimates, finds a total population of 29.1 million persons, of which 14.8 million males and 14.3 million females. Afghanistan remains a predominantly rural society, with 20.7 million (71.2%) people living in rural areas, 6.9 million (23.8%) people living in urban areas1 while 1.5 million (5.0%) are Kuchis (Afghan nomads). The percentage of the population living in rural areas has decreased somewhat compared to the 2007-08 National Risk and Vulnerability Assessment (NRVA). At that time, 74.3 percent of the population lived in rural areas. Adversely, the percentage of those living in urban areas increased from 19.9 percent to 23.8 percent in 2016.

1 Rural and urban concepts defined by CSO, based on administrative criteria.

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2.2.2 Sex Ratio

The sex ratio measures the balance between the sexes in a population and is calculated as the number of men per 100 women. In Afghanistan, men outnumber women. According to the ALCS 2016-17, the sex ratio was 103.9. It seems that over the years the sex ratio is slightly coming down. In the ALCS 2013-14, the sex ratio was 105.3, which may indicate a better coverage of women during the data collection, as well. In Afghanistan, large differences in sex ratios exist between rural, urban and Kuchi populations. The overall sex ratio is highest among the Kuchi population (107.9 males per 100 females), somewhat lower among people living in rural areas (104.3 males per 100 females) and lowest in urban areas (102.1 males per 100 females).

2.2.3 Household Size

The ALCS follows the UN definition of households. A household is defined as group of people, either related or unrelated, who live together as a single unit in the sense that they have common housekeeping arrangements, that is, they share or are supported by a common budget. They live together, pool their money, and eat at least one meal together each day. According to the estimates from the ALCS 2016-17, Afghanistan counted a total of 3.8 million households (regular households only, but not institutional and collective households). Most households can be found in rural areas (2.6 million), which is almost four times as much as urban households (942 thousands). About 191 thousand Kuchi households reside in the country. In general, households are large in Afghanistan. With a population of 29.1 million in 3.8 million households, the average household size equals 7.7 persons. This is slightly more than observed in the ALCS 2013-14, where an average household size of 7.4 persons was observed. Households are slightly larger in rural areas where 7.8 persons per household were counted, against 7.6 in Kuchi households and 7.3 in urban households.

2.2.4 Age Distribution

As per ALCS, because of the very high levels of fertility, Afghanistan has a very young age structure: 47.7% of the population is currently younger than 15 years of age.2 This proportion has changed little over the last few years. In 2013-14, 47.5% percent of the population was below 15 versus 48.6% in 2007-08. The proportion of those under 15 for all countries in Asia combined is 24% (UNDESA 2017). On the other hand, the proportion of older persons in Afghanistan is very low. Only 2.7% of the population is currently 65 or older. Because of its young population, the dependency ratio3 is very high in Afghanistan and currently stands at

2 Annex VI provides detailed age-distribution tables by sex, residence and province. 3 The age dependency ratio is the ratio of dependents – people younger than 15 or older than 64 – to the working age population – those aged 15-64. Mostly the dependency ratio is presented per 100 persons in the working-age population.

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101.5. By comparison, Afghanistan’s neighboring countries all have dependency ratios that are significantly lower: Iran (40.2), Turkmenistan (47.9), Tajikistan (60.9) and Pakistan (65.3).4 Afghanistan’s high dependency ratio is a serious burden for economic development, as scarce resources have to be spend on the young population’s education, health care and social development. A positive effect on the economy would be created by the higher number of people entering the productive age groups. All other things being equal, this higher number of active people would result in higher levels of per capita income if appropriate economic measures are taken by the government.

2.2.5 Female Headed Households

Female headed households are vulnerable with higher levels of poverty and deprivation; coupled with difficult access to land, labour, credit and insurance markets, being discriminated against by cultural norms and suffering from high dependency burdens and economic immobility (Klasen, Lechtenfeld and Povel 2011).

In Afghanistan, only 1.2%, or 45 thousand households are headed by women, with a total of 212 thousand people living in female headed households. In a country as much male dominated as Afghanistan, a household is bound to have special characteristics to be headed by a female. The big difference between male and female headmanship is with marital status. The ALCS 2016-17 shows that only 1.2% of male heads are widowed against 78.0% of female headed households and that 58.5% of female headed households do not have a single male member between 15 and 64 years, which leaves little other option in the choice of a head of household.

The mean age of male and female heads of households is about the same: 43.0 year for male heads and 43.6 year for female heads. However, large differences exist between the ages according to marital status. Male heads that were widowed are on average 63.8 years old, while female widows are only 46.1 years old. Married and divorced female heads are also significantly younger than their male counterparts: female married and divorced heads are 35.3 and 31.9 years old, against 43.3 and 31.9 years for male heads, respectively.

2.2.6 Life Expectancy and Mortality

In most countries, women often comprise a substantial majority of the older population. For this reason, the sex ratios for older people are generally well below 100 and decrease with age. But, this is definitely not the case in Afghanistan. After age 50, there is a steep increase in the sex ratio. Above age 75, 165.7 men are present per 100 women. Bartlett et al. (2005) estimated that in the period 1999-2002 the maternal mortality ratio (MMR) was between 1,600

4 These dependency ratios are from 2015 and are estimates from the World Bank [http://world- statistics.org/indexres.php?code=SP.POP.DPND?name=Age%20dependency%20ratio%20(%%20of%20workingage %20population)#top-result].

26 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 and 2,200. In other words, during this period between 1,600 and 2,200 maternal deaths occurred per 100,000 live births. Together with very high levels of fertility, this resulted in life time risks of maternal mortality that were probably almost as high as 15 to 20 percent. Another explanation that may be considered while analyzing sex ratios in Afghanistan is the incidence of a critical gender issue for women in old ages: a general cultural preference, especially in remote areas, is to treat male illnesses more often than female illnesses. This may especially be the case if the household has limited economic resources. It is, however, very difficult to measure such behaviour.

2.2.7 Education

The overall net attendance rates for Afghanistan found in the ALCS 2016-17 are 56.1% for primary education, 35.7% for secondary and 9.7% for tertiary. The corresponding gross attendance ratios are 72.7, 48.0 and 14.1 percent, respectively. The information on school attendance suggest that 1.9 million primary school age children and 1.8 million secondary- school age children miss out on education and on the opportunity to learn basic life skills. The school-life expectancy – the total number of years of schooling that a six-year old child can expect to receive – is only 7.8 years. The adult- and youth literacy rates found in the survey are 34.8 and 53.6 percent, respectively. International comparison indicates that Afghanistan is globally still among the poorest performers in providing adequate education to its population. One of the most important findings of the ALCS is that – apart from the quality of education, the main problem of Afghanistan’s education system is not so much retention and drop out, but first and foremost making a start at school. Residence, gender, disability status and poverty status are factors that invariably differentiate education outcomes, always strongly and often accumulatively impairing the outcomes for girls, rural and Kuchi residents, people with disabilities and the poor.

2.2.8 Literacy

The adult literacy rate, referring to the population aged 15 and over, indicates the accumulated achievement of primary education and literacy programmes in providing basic literacy skills to the population, thereby enabling them to apply such skills in daily life and to continue learning and communicating in writing. ALCS indicates very low adult literacy rates for Afghanistan, with 34.8% overall literacy in the population 15 years and over. The complementary illiteracy rate of 65.2% implies that there are around 9.9 million illiterate persons aged 15 and older in Afghanistan, 6.0 million women and 3.9 million men. The absolute gap of 2.1 million people could be interpreted as the number of women who should be made literate to achieve at least equality between the sexes. The adult literacy rate also shows pronounced differences by residence: in the urban population the adult literacy rate (53.6%) is almost twice as high as that in the rural population (28.7%), whereas among the Kuchi adult literacy is as low as 7.5%.

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2.2.9 Gender Equality

Gender equality and women’s empowerment were made a key dimension in Afghanistan’s development framework. The one gender-equity indicator that is covered by the ALCS is the proportion of women in managerial positions. In 201617, this proportion was measured at 4% percent, indicating very low women’s power in decision making in the economy. Without exception, the various gender parity indices5 that are produced by the ALCS show disadvantaged positions and poorer development opportunities for women and girls compared to boys and men. In the field of education, the female adult- and youth literacy rates are, respectively, 0.40 and 0.57 of that of the corresponding male rates. And the female gross attendance rates in primary-, secondary- and tertiary education are, respectively, 0.71, 0.51 and 0.39 of the corresponding male rates. The labour market participation rate of women is 0.33 of that of men and the female unemployment rate, the female youth unemployment rate and the share of female youth not in education, employment or training (NEET) are, respectively 1.55, 1.49 and 1.76 of the levels of the indicators for men.

2.3 Socio-Economic

2.3.1 Housing Tenure

ALCS reports that the majority of Afghan households own6 the units where they live (around 87.2% in 2016-17 and 88.9% in 2013-14). The proportion of households who own a dwelling is considerably higher in rural areas than in urban areas (94.2 and 66.9 percent, respectively). The owned dwellings include the categories of inherited units or units provided by the family, purchased dwellings and dwellings constructed by self. As per ALCS 2016-17, the percentage of households living in constructed dwellings is higher for the rural population, in comparison with the urban population. Renting has increased and is more common in urban areas, while it is insignificant in rural areas and among Kuchi groups. At provincial level, Kabul presents an interesting characteristic: the percentage of households owning their dwelling is rather below the national average, about 64.9%. Indeed, 27.6% of Kabul households are renting the units where they live, showing a more ‘modern’ attitude than in other provinces. On the other hand, predominantly rural provinces have in general values above the national average.

2.3.2 Occupations

5 A gender parity index is calculated as the ratio between the values of a specific indicator for girls/women and boys/men. An index value ranges between 0 and 2. A value of 1 indicates exact gender equity and the further from 1 the parity index lies, the greater the gender disparity.

6 ALCS hasn’t given a definition of own, hence it assumed these are households with a claim to the property.

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In terms of occupational distribution, the share of agricultural workers mirrors the dominance of the agriculture sector. Some 42.6% of employment is in the agricultural sector. Among women, the large majority are either agricultural workers (64.6%; mostly animal producers) or craft and related trades workers (23.6%; mostly handicraft, garment and clothes workers). The households practicing agriculture are fewer in urban areas (5.0%), when compared to rural and Kuchi communities (53.2% for both combined). This is very different for urban areas, where service- and sales workers are the largest occupational groups with 25.8% (twice as high as the national figure), followed by craft and related trades workers (19.3%), elementary occupations (also 16.0%) and plant- and machine- operators, and assemblers (10.2%). Low-skilled jobs dominate employment in Afghanistan, with large shares of elementary occupations, plant- and machine- assemblers and operators, craft and related trades workers, and agriculture workers. High skilled jobs (technicians and associate professionals, professionals and managers) amount to only a very small percentage (6.1%) of the occupations in Afghanistan.

2.3.3 Employment Sectors

The economy of Afghanistan is dominated by the agricultural sector. Almost 45% of the employed population – representing 2.8 million people – is engaged in work in the farming or livestock sub-sectors. Employment within this economic sector is evenly distributed between the sub-sectors of farming (23.2% of total employment) and livestock production (21.2%). The service sector places second in terms of job numbers, with 19.7% (1.3 million persons). Main sub-sectors included in the service sector are security services (army and police; 4.0% of total employment), education services (4.0%) and other social services (5.2%). Four other economic sectors are distinguishable in the employment distribution, each covering roughly 6 to 11% of the work force: wholesale and retail trade and restaurants and hotels (mostly retail trade; 10.4% of total employment), construction (mostly construction of buildings; 9.2%), manufacturing (mostly manufacturing of clothes and textiles; 6.5%) and transport, storage, communication and information (almost exclusively land transport; 5.7%).

2.3.4 Mobile Telephones

Mobile cellular telephones are becoming the predominant method of communication in many countries. Its use is therefore a fundamental indicator of the information society. Mobile cellular subscribers refer to users of such telephones with either post-paid subscriptions or pre-paid accounts. The use of mobile phones in Afghanistan is still low by international standards, even though ALCS 2016-17 data show that 43.4% of the total Afghan population aged 15 years and over use mobile phones for communication or broadband connection. The residence distribution of individuals using a mobile phone shows around 60% in urban areas, 39% in rural areas and 25% among Kuchis.

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2.3.5 Farming

The ALCS 2016-17 confirms that agriculture – encompassing farming and animal husbandry - makes up the backbone of Afghanistan’s economy. Agriculture provides a source of income for 44% of households, and for 28% it is the most important income source in the household. Similarly, it is the main sector of employment for 45% of the working population. Close to 38% of all households in Afghanistan – over 1.4 million households – own any irrigated farm land, while around one in five households – 730 thousand – own the much less productive rain-fed land. Mechanisms of leasing, renting, sharecropping and mortgaging land have the effect of a net transfer of access to farm land from land-owning households to households that cultivate the land. These mechanisms result in slightly larger farm areas being managed by farming households. However, poor soil, farming costs and particularly the lack of water enforce households to leave fallow much available farm land. Despite the relatively good farming conditions in the period covered by ALCS 2016-17, 21% of irrigated land and 36% of rain-fed land could not be cultivated.

2.3.6 Land Holding Size

A disquieting underlying trend is the decreasing land size of households engaged in irrigation farming. Every successive NRVA/ ALCS survey reported smaller average plot sizes – from 6.7 jeribs in NRVA 2007-08 (1.3 ha.), to 4.9 jeribs (1.0 ha.) in ALCS 2016-17 – and larger proportions of small land holdings. The limited availability of arable land in combination with very high population growth inevitably results in increasing pressure on farm land and fragmentation of land holdings and is a likely contributor to the observed increasing poverty in the country.

The large majority (78%) of households cultivating irrigated land, corresponding to around one million households – grew wheat on their land for the spring harvesting season. Maize or sorghum, fodder crops and potatoes were the next most frequently grown crops on irrigated land. The concentration on wheat production is even stronger on rain-fed land, as 92% of the households involved grow this crop. However, the total volume produced is only one third of the volume produced on irrigated land, even though the total area of rain- fed land is almost 20% larger than that of irrigated land. Households owning a garden plot – 13% of all households – are usually able to grow high value and high-nutrition crops. Grapes and apples are the crops grown most often.

2.3.7 Farming Costs

Farming households spent on an average 13,000 Afghanis on farming costs, especially on fertilizer, seeds and machinery. Together, farming households spent 21 billion Afghanis (around 365 million USD) on farming inputs. Analysis of fertilizer requirements and use showed a large unmet need for farmers in Afghanistan. Irrigated-land farmers fell short by

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36% of fertilizer requirements and farmers cultivating rain-fed land reported a deficit of even 61%.

2.3.8 Livestock

Livestock is an important asset of Afghan households, either for own household consumption or for market sale of animals and animal products. ALCS 2016-17 data suggest that the number of cattle (3.4 million) has increased since the previous ALCS, but is still below the volume reported in the 2002-03 livestock census. On the other hand, the number of sheep (21.8 million) did not change since the previous survey, but is 2.5 times larger than at the time of the livestock census. Levels of full vaccination of livestock are low, running from around one quarter for sheep and goats, around one sixth for camels, cattle, oxen and yaks and to very low levels around 7 percent for horses and poultry. Around 34% of households with livestock obtained medicines for livestock or sought veterinary help or information, 85% of whom referred to private veterinary services. Apart from voluntary reasons, the most important reasons for not using veterinary support were the lack of knowledge of where or how to obtain the services, distance, costs and particularly reluctance to offer services by the provider.

2.3.9 Poverty Incidence

Poverty rates increase steadily with household size and households of larger size are both more prevalent and face a higher poverty rate. Education (or the lack thereof) is another important correlate of poverty in Afghanistan. Low levels of educational attainment are pervasive. Households with illiterate heads account for 74% of the population. Households with illiterate household heads face poverty rates of 63% on average, compared with 40% among households with literate heads. While unemployment of the head of household is correlated with higher poverty, employment is no guarantee against poverty. As per ALCS 2016-17, roughly half (51.1%) of the population belonging to households with employed heads lives in poverty. Afghans living in households where the household head is employed in agriculture are likely to face higher poverty rates (63%) and account for a third of the poor population. More broadly, almost 60% of the population belongs to households where the head of household holds vulnerable employment, or in other words, is self-employed or works on own-account, is a day labourer or is an unpaid worker.

31 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

3. Legal and Policy Framework

3.1 Introduction

This section reviews such safeguards and the associated laws and regulations governing Afghanistan. The primary relevant laws and regulations framing social and environmental issues, in chronological order, are the following:

 The Constitution of Afghanistan (2004)  The Law on the Preservation of Afghanistan’s Historical and Cultural Artifacts (2004)  The Environment Law of Afghanistan (2007)  The Labor Law (2007)  National Environmental Impact Assessment Policy (2007)  Administrative Guidelines for the Preparation of Environmental Impact Assessments (2008)  Law on Land Expropriation (2009)  National Policy on Internally Displaced Persons in Afghanistan (2013)  Access to Information Law (2014)  National Regulations for Environmental and Social Impact Assessment (2008)  National Regulations for Environmental and Social Impact Assessment (2017)  National Land Policy (2018)  Policy Framework for Returnees and IDPs (2017)  The Law on Land Acquisition (2017)  The Land Management Law (2017)  Law on Prohibition and Prevention of Harassment of Women and Children (2018) 

3.2 Laws and Policies of Afghanistan

Key provisions of these laws/regulations are highlighted as follows:

3.2.1 The Constitution of Afghanistan (2004)

The Constitution of Afghanistan, under Article 4 states that the nation consists of all individuals who are citizens of Afghanistan and no member of the nation can be deprived of his citizenship. Article 22 stipulates that any kind of discrimination and privilege between citizens of Afghanistan is prohibited. Citizens, whether women or men, have equal rights and duties before the law. Article 39 states that every Afghan citizen shall have the right to travel and settle in any part of the country except for those areas prohibited by law. Every citizen has the right to travel outside Afghanistan and return according to the law. The state shall protect the rights of citizens of Afghanistan outside the country.

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3.2.2 The Law on the Preservation of Afghanistan’s Historical and Cultural Artifacts (2004)

This law states the following under different articles:

Article 2: All historical and cultural artifacts belong to the Afghanistan public. Article 7: No one can build or perform construction on recorded historical and cultural sites, unless approval, permission or agreement is issued from the Archaeology Institute. Article 8: All moveable and immovable historical and cultural artifacts and heritage items that are discovered or remain buried and not discovered/excavated in the country are the property of the Islamic Republic of Afghanistan and any kind of trafficking of such items is considered theft and is illegal. Article 10: Whenever municipalities, construction, irrigation or other companies (whether they are governmental or private) find or discover valuable historical and cultural artifacts during the conduct of their projects, they are responsible to stop their project and report any findings to the Archaeology Institute about the discovery. Article 16: Digging wells, ditches, rock blasting, driving over and any other operations which causes destructions of the recorded historical and cultural sites is prohibited without coordination and permission of Archaeology Institute.

3.2.3 The Environment Law of Afghanistan (2007)

In January 2007, the final version of the Environment Law came into force. This law is divided into nine chapters; they are a) general provisions, b) functions and powers, 3) management of activities affecting the environment, 4) integrated pollution control, 5) environmental considerations relevant to water resource conservation and management, 6) biodiversity and natural resource conservation and management, 7) environmental information, education and training, and research, 8) compliance and enforcement and 9) miscellaneous orders. This Law, which has been approved by the National Assembly, is based on international standards which recognize the current state of Afghanistan’s environment while laying a framework for the progressive improvement of governance, leading ultimately to effective environmental management. It is now binding on both the government and the people of Afghanistan. This law was developed based on international standards taking into account the environmental conditions in Afghanistan and is considered comprehensive. It stipulates that the active involvement of local communities in decision making processes is required for the sustainable use, rehabilitation and conservation of biological diversity, forests, land, and other natural resources as well as for prevention and control of pollution, conservation and rehabilitation of the environment quality. It also states that the affected persons must be given the opportunity to participate in each phase of the project. The law requires the proponent of any development project, plan, policy or activity to apply for an environmental permit (called the Certificate of Compliance or CoC) before implementation of the project by submitting an initial environmental impact assessment to the National Environmental Protection Agency (NEPA) to determine the associated potential adverse effects and possible impacts. The law

33 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 also establishes a Board of Experts that reviews, assesses and considers the applications and documents before NEPA could issue or not issue the permit. The EIA Board is appointed by the General Director of the NEPA and is composed of not more than 8 members. The EIA Board of Expert’s decision can be appealed.

3.2.4 The Labor Law (2007)

This law states the following under different articles:

Article 10: Employees shall have the right to be provided with occupational safety and health of work and production, professional training, skills development, improvement of professional knowledge, and the right to benefit from Social Security. Article 11: The Islamic Republic of Afghanistan shall observe international conventions to which Afghanistan is or will be a party and other treaties and standards of international organizations concerning labor and management, subject to the special conditions of the country. Article 107: Companies shall be obliged to ensure preservation of health and labor safety, application of safety techniques to prevent work and production related accidents, and to provide healthy conditions in order to prevent occupational diseases of employees. Article 111: Companies shall be obliged to give continuous training to employees about safety, environmental health, fire-fighting, and provision of medical first aid services and other rules of protection. Employees shall be obliged to observe the rules and standards of work protection and the safety techniques, rules for utilization of equipment as well as protection instructions, and to use individual protective devices while working. Article 114: Provision of medical First Aid Services. Article 118: The person in charge of the Administration shall be obliged to investigate and assess unforeseen accidents in work and production in a timely and comprehensive manner, and to analyze and evaluate the causes thereof. He/she shall prepare a written attestation about it within three days and present a copy to both the Ministry of Labor and Social Affairs and to the Employee.

3.2.5 National Environmental Impact Assessment Policy (2007)

The National Environmental Impact Assessment Policy explains what an Environmental Social Impact Assessment is, its objectives, operating principles and operating stages, describes its policy vision, principles, strategy and process, and sets out the next steps in implementing the Environment Law. The Policy seeks to provide guidance on the implementation of Management of Activities affecting the Environment, specifying how the administration of EIA procedures should be undertaken.

3.2.6 Administrative Guidelines for the Preparation of Environmental Impact Assessments (2008)

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These guidelines deals with a) the Vision and Benefits of Environmental Impact Assessment, b) the EIA Procedure and Process, c) the screening, d) public disclosure, e) decision making on approval/ rejection, f) preparation of an EIA study, g) submission of EIA Report and Decision Making, h) Appeals Process, etc. These guidelines should be read in conjunction with:

• The Environment Law, 1385 (Official Gazette No. 912, dated 25 January 2007) • The Environmental Impact Assessment Regulations, 1386 (Official Gazette No. 939, dated 10 March 2008) • The National Environmental Impact Assessment Policy – “An Integrated Approach to Environmental Impact Assessment in Afghanistan” (issued in terms of Executive Order No. 1/86, dated 25 November 2007).

The objectives of these guidelines are to, a) assist project proponents on how to meet the regulatory requirements in relation to the Environmental and Social Impact Assessment (ESIA) process, including stakeholder consultation and participation; b) guide project proponents in dealing with NEPA through the various steps of the ESIA process; and c) explain the roles and responsibilities of the various stakeholders in the process. Regarding the definitions of Category 1 and Category 2, the Guidelines change some of the terms used in the Regulations. In particular, they use the more common term of impact rather than effect and refer to project instead of activity. Further, the Guidelines provide a more precise definition of Category 2, while maintaining essentially the same definition of Category 1 as the Regulations. In specific terms, following international best practices, the Guidelines reserve the characterization of significant to impacts in Category 1 projects, classifying a project as Category 2, if its potential adverse environmental impacts on human populations or environmentally sensitive areas (eg. wetlands, forests, grasslands and other natural habitats) are less adverse than those of Category 1 projects. These impacts are site specific, and few are irreversible. As noted in Sub-section 4.1.2 above, the Regulations defined both Category 1 and Category 2 as, likely to have significant adverse effects‖ (Category 1) and, have potentially significant adverse effects‖, which makes it operationally difficult to differentiate between the two categories of projects. In providing guidance as to whether a proposed project should submit a Screening Report to NEPA, the Guidelines indicate that, the suitability of providing a screening report will depend on the type of project to be undertaken‖ (Guidelines, 2008, p. 6), that is, whether the project is Category 1 or Category 2, and refer to the Regulations for a the list of projects in each category. Annex 1 to the Guidelines includes an outline and suggested contents of the Screening Report, which are identical to the technical guideline for the screening process attached as Schedule III to the Regulations, except that the former does not include a section on public participation. The Guidelines includes a flowchart with the interim SIA process in Afghanistan, which is attached as Annex I.

3.2.7 Law on Land Expropriation (2009)

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This Law details the provisions governing the expropriation or acquisition of land for public interest purposes. The Law has the following key provisions:

Article 2: Acquisition of land or a part of such land for public use requires approval by the Council of Ministers, with provision of prior and adequate compensation based on the market price of the land. Article 3: The council of ministers shall be empowered to expropriate a piece of land totally or partly for the purpose of, among others, construction of manufacturing facilities, and public buildings and infrastructure, including the extension of communication lines, power transmission cables. Article 6: The right to own or use the land shall be terminated three months prior to the actual start of the project, provided that the rights of the owner or the damages incurred by the user of such land are compensated, Further, termination of ownership right shall not deprive the owner or the user of the land from collecting the agricultural products of or the fruits of the trees in the land, except where urgent use of the land shall require rapid evacuation of the land.

Article 8: The following compensations shall be provided for land expropriation: i) the price of the land; ii) the price of any residential houses, buildings and other constructions located on the land; and iii) the price of any fruit bearing or ornamental trees, or other saplings set on the land. Article 10: The price of lands subject to expropriation shall be determined by the Council of Ministers. The grade [quality] and location of the land shall be considered for determining the price of the land.

3.2.8 Sub National Governance Policy (SNGP) 2010

Sub National Governance Policy (SNGP) 2010 of the IDLG reinforces the government’s commitment to achieving equal rights for women and men under the law set out in Article 22 of the Constitution. The policy states that to ‘support the achievement of gender equity, all government entities will embrace and implement gender equity efforts, including gender sensitive policies, strategies, budgets and programs. Ensuring that gender equity is achieved is the shared responsibility among government entities at the national and sub-national levels’. The SNGP states that (a minimum) of 25% of the seats of Municipal Councils will be reserved for women.

3.2.9 National Policy on Internally Displaced Persons (IDPs) in Afghanistan (2013)

This policy sets out the rights of IDPs to assistance and protection during all phases of displacement, from emergency through protracted displacement, until they are effectively integrated into host communities. The policy lays out the national responsibilities of the Afghan Government in accordance with international standards and Guiding Principles on

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Internal Displacement. A comprehensive government approach is detailed in a road map for implementation that integrates provincial action plans with a National Implementation Plan.

3.2.10 Access to Information Law (2014)

The Access to Information Law (2014) ensures that Afghan citizens have the right to access information from government institutions increasing their transparency and accountability to ordinary people. Although Article 50 of the Afghan constitution guarantees citizens the Right to Access to Information from state departments and Article 34 provides for Freedom of Expression, the country previously did not have a law on access to information. The law follows the internationally accepted principle of maximum disclosure of information where all information held by the Government is presumed to public with minimal exceptions. Limitations to access to information are restricted to situations where disclosure poses legitimate harm to public or private interests.

3.2.11 National Regulations for Environmental and Social Impact Assessment (2008) 3.2.12 National Regulations for Environmental and Social Impact Assessment (2017)

In May 2017, the Cabinet approved the Environmental and Social Impact Assessment (ESIA) Regulations (2017).

Regulation 1 explains the rationale for this regulatory instrument as follows: ―These Regulations are issued in accordance with Article 22 of the Environment Law in order to govern the process for environmental impact assessment‖.

Regulation 2 indicates that the Regulations apply to the following activities: 1. Category 1 activities, which activity is likely to have significant adverse effects that are sensitive, diverse or unprecedented, and affect an area broader than the sites or facilities subject to the physical works of the activity‖ (Regulations, p. 7). Schedule I identifies Category 1 activities. 2. Category 2 activities, the activity that has potentially significant adverse effects on human environments or environmentally sensitive areas that are less adverse than those in Category 1 and are site specific and in most instances not irreversible (Ibid, p. 8). Schedule I specifies Category 2 activities. 3. Any activity that is likely to have a significant adverse impact on an environmentally sensitive area. 4. Any other activity that is likely to have a significant adverse effect on the environment, as determined by NEPA.

Regulation 3 stipulates the requirement of the issuance by NEPA of a Certificate of Compliance for any of the activities identified above.

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Regulations 4 and 5 require, respectively, the submission to NEPA of an Application for any of the activities indicated in Regulation 2, using the Application Form attached in Schedule II of the Regulations, and the presentation to NEPA of a Screening Report following the technical guideline for the screening process included in Schedule III. The Screening Report should be completed prior to the Application.

Regulation 6 establishes the following requirements after receipt by NEPA of an Application and the supporting Screening Report for a proposed activity: 1. Within fourteen days, distribution by NEPA of a notice of public disclosure to the population potentially affected by the proposed activity. 2. Within twenty one days, NEPA shall make a decision regarding whether: • the information contained in the Screening Report is sufficient to issue a Certificate of Compliance, with or without conditions; • to advise the applicant that additional information or investigation is necessary in order to reach a decision on the application; or • to prepare an EIS according to the content specified in Regulation 7.

Regulation 8 stipulates that upon receipt of an ESIA, NEPA shall: 1. Issue a Certificate of Compliance, with or without conditions; or 2. Advise the applicant in writing to review the technical reports and information submitted, or the assessment processes adopted, if either is not in accordance with international best practice. The reviewed report shall indicate how it addresses the Neap‘s comments.

With respect to the reviewed report, the above-mentioned Regulation indicates that, within thirty days of its submission, NEPA shall: 1. Issue a Certificate of Compliance, with or without conditions; or 2. Refuse to issue a Certificate of Compliance, and provide written reasons for the refusal.

The EMF lays down the procedures for preparation and mechanism for clearance. The RPF includes the procedure for preparation of RAP, if required and approval mechanism.

3.2.13 National Land Policy (2018)

National Land Policy was approved by the cabinet in 2018. Important relevant provisions of the current policy include: Land Tenure/Land Acquisition (i) Land policy provides that compensation for the expropriation of ownership or of rights over land as enshrined in the Constitution be strictly enforced by law. Property rights may only be expropriated under defined legal procedures and for defined legal purposes; (ii) it also provides that no law may permit arbitrary deprivation of property rights. In the event that the government decides to implement a development project in the interest of the public, the value that the land had

38 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 prior to the announcement of the expropriation will form the basis for the amount of monetary compensation to the owners of the property.

3.2.14 Policy Framework for Returnees and IDPs (2017)

The Policy Framework for Returnees and IDPs (2017) elaborated following the surge of returnees to Afghanistan in 2016. The framework is anchored in the Constitution of Afghanistan and its aim is to ensure the safe and successful re-integration of returnees and IDPs into the social and economic fabric of Afghanistan.

3.2.15 The Law on Land Acquisition (2017)

The Law on Land Acquisition (2017) replaces The Law on Land Expropriation (2009) in providing the legal basis for land acquisition and compensation. Article 4 confirms Municipalities in urban areas and MUDL in rural areas as the enforcement authorities of the law. Article 5 sets out the range of public interest projects, including a range of infrastructure projects, for which an individual’s property and assets may be expropriated; Article 6 reconfirms the types of properties ( cultural and historic) and land ( required for environmental protection) where expropriation is either prohibited or limited; Articles 9-12 set out the various responsibilities of the expropriating authority, affected person and evaluation committee; Articles 13-18 describe the different types of expropriation; The arrangements for transfer of Government Property in order to enable a Project are described in Articles 19- 21. Articles 22 -37 are devoted to a set of issues around the valuation of expropriated properties including the establishment of a Panel of Developing Bill of Valuation of Expropriated Properties in every province ( article 22), appraisal of compensation for different assets ( articles 25-33); Articles 36 and 37 deal respectively with expropriation of property of an absent person and timing of compensation payments; Articles 38-41 set out the Resettlement procedures and responsibilities of the Resettlement Committee. Various miscellaneous provisions related to land acquisition including assessment of property related conflicts and enforcement are set out in articles 42-53.

3.2.16 The Land Management Law (2017)

The new Land Management Law (2017) replaces the Law on Managing Land Affairs (2008) and aims to create a legislated unified, reliable land management system. This Law also aims to provide a standard system for land titling, land segregation – subdividing land into a number of parcels of land- and registration; prevent illegal land acquisition and distribution; access to land to people; and conditions for appropriation of lands. Article 40 states that government lands are regulated by the Land Authority and Article 50 states that public welfare projects cannot be implemented on government lands without acquiring the agreement of the Land Authority.

39 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

3.2.17 Law on Prohibition and Prevention of Harassment of Women and Children (2018)

The Law on Prohibition and Prevention of Harassment of Women and Children (2018): very recently approved by the President under this law jail terms and cash fines will be imposed on perpetrators of harassment against women and children. Verbal, physical, written and visual harassment has been defined as a crime. Under article 24, anyone harassing women and children in public places and vehicles will be fined between Afn 5000-10,000. Harassment of women in children in workplaces, health and educational centres will face a steeper fine of between Afn 10,000 - 20,000. The degree to which the government will ensure the implementation of the law’s provisions is as yet unclear.

3.2.18 Protection of Property Rights

It is a national policy that the national and provincial governments take measures to protect citizens including residents of informal settlements from arbitrary and forcible eviction. Eviction and relocation of unplanned settlement residents shall be undertaken with community involvement only for necessary spatial rearrangement that should take effect in accordance with the public’s interest. Compensation for expropriation of rights over land must be provided equitably in accordance with the law.

3.2.19 Afghanistan’s Gender Strategy7

The Afghanistan National Peace and Development Framework (ANPDF) confirms that the Afghan Constitution guarantees equal citizenship rights for women and explains that the national gender strategy ‘rests on five pillars’, anchored in cross-government action programs: (i) implementing global commitments on human rights, security, freedom from domestic violence for Afghan women; (ii) ensuring full access to education and health services, including higher education; (iii) launching of the Women’s Economic Empowerment National Priority Program; (iv) Securing the constitutional rights for women through the full execution of Afghan laws; and (v) advancing women in government and business’.

Afghanistan has ratified Convention on the Elimination of all forms of Discrimination against Women (CEDAW) during 2003.

3.2.20 National Laws and Policies on Disability

The Constitution of Afghanistan promotes the integration of people with disabilities into public and social life. A National Policy for Persons with Disability (2004) was operationalized in the Afghanistan National Disability Action Plan (ANDAP) (2008-2011) which included strategies to improve access to employment, education, justice, protection, social care for people with disabilities. The ANDAP has since been replaced by the National

7 Afghanistan National Peace and Development Framework (ANPDF) 2017-2018

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Law of Rights and Benefits of Persons with Disabilities which provides for the economic, social, political, educational economic and cultural rehabilitation of women, men and children with disabilities; the protection of their rights and their active participation in society. The law states that 3% of jobs in government and private sector should be reserved for people with disability. This chimes with Article 55 of the Constitution, which states that all Afghan citizens with ‘legal capacity’ will be able to work with government. Article 25 of the Law states that ministries and other government institutions are required to provide facilities to /access for people with disabilities when designing apartments, recreational areas, pavements, transport and technologies’. A National Strategy for Disability and Rehabilitation (2013-2016) prioritises support for people with physical disabilities. Disability is identified as an important cross-cutting issue in the National Development Strategy.

Afghanistan has ratified a number of conventions to protect the disabled including the Convention on Cluster Munitions; the UN Convention on the Rights of Persons with Disabilities and the Vocational Rehabilitation and Employment Convention.

3.2.21 Regulation on Registration of Urban Informal Properties (RRUIP) 2017

The regulation for the Occupancy Certificate (OC) is based on article 112 of the Land Management Law. This regulation was approved by the Cabinet on January 30, 2017. It became effective after the gazette notification in February 2018. It lays down principle to provide a certificate that will facilitate issuance of Title Deed, collect safai tax by the municipalities, and is a step towards providing secured assets that are on state and private land. It recognizes that separate procedures will be developed for the displaced people.

Accordingly, the process covers two phases i.e Phase I - community led validation process to survey land plots and identify households occupying such plots within the informal areas (which has been implemented by UN-HABITAT so far), and Phase II – issuance of OC under the RRUIP by MUDL.

The European Union and USAID have supported the City for All (CFA) program being implemented by the UN-HABITAT, between 2016-2020. This includes a participatory process to map areas of each land plot in urban informal areas which is Phase I of the process. The information is shared with Municipalities to collect safai tax and MUDL to issue the Occupancy Certificate to eligible households under the RRUIA i.e. Phase II and will be supported by the ALASP project (component 2.4).

Broad features of the Regulation to issue Occupancy Certificate is as follows: - a. Includes definitions, b. Establishes the eligibility, c. Provides for institutional mechanism and roles and responsibilities d. Determination of boundaries, e. Includes eligibility criteria for occupants,

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f. Provides for differential rates for registration for structures on state land, g. limitation on the quantum of area to be registered of structures on state land, h. Requirement of contracts to be signed for receiving OCs i. Basic cost for issuance of the OC document.

3.3 World Bank Safeguard Policies Triggered

The following safeguards policies of The World Bank are triggered:

Safeguard Operational Policies Safeguard Policies Triggered by the Project Yes No Environmental Assessment (OP/BP 4.01) [X] [] Natural Habitats (OP/BP 4.04) [] [X] Pest Management (OP/BP 4.09) [] [X] Physical Cultural Resources (OP/BP 4.11) [] [X] Involuntary Resettlement (OP/BP 4.12) [X] [ ] Indigenous Peoples (OP/BP 4.10) [] [X] Forests (OP/BP 4.36) [] [X] Safety of Dams (OP/BP 4.37) [] [X] Projects in Disputed Areas (OP/BP 7.60) [] [X] Projects on International Waterways (OP/BP 7.50) [] [X]

The rationale for triggering the above policies is set out below:

3.3.1 World Bank ESA Screening Categories

Category “A” An Environmental and Social Impact Assessment (ESIA) is always required for projects that are in this category. Impacts are expected to be ‘adverse, sensitive, irreversible and diverse with attributes such as pollutant discharges large enough to cause degradation of air, water, or soil; large-scale physical disturbance of the site or surroundings; extraction, consumption or conversion of substantial amounts of forests and other natural resources; measurable modification of hydrological cycles; use of hazardous materials in more than incidental quantities; and involuntary displacement of people and other significant social disturbances.

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Category “B” When the subproject’s adverse environmental impacts on human populations or environmentally important areas (including wetlands, forests, grasslands, and other natural habitats) are less adverse than those of Category A subprojects. Impacts are site- specific; few, if any, of the impacts are irreversible; and in most cases, mitigation measures can be designed more readily than for Category A subprojects. The scope of environmental and social assessment for a Category B subproject may vary from subproject to sub-project, but it is narrower than that of a Category A sub-project. It examines the subproject’s potential negative and positive environmental and social impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. Category “C” If the subproject is likely to have minimal or no adverse environmental impacts. Beyond screening, no further environmental assessment action is required for a Category C sub-project.

The ALASP is classified as category B. A “Category B” project may have some significant adverse social impacts that are sensitive, diverse, or unprecedented. Few if any of these impacts are irreversible. Social Screenings and, if required, Social Impact Assessments (SIAs) will identify and examine potential negative and positive environmental and social impacts and through relevant plans (SMP, RAP, CHMP) recommend measures to avoid, mitigate or compensate adverse impacts and enhance positive outcomes. It is required that the SMF be subject to participatory and culturally appropriate consultations in the project areas and publicly disclosed in local languages, locally and at the Banks InfoShop, before appraisal of the project.

3.3.2 Involuntary Resettlement (OP/BP 4.12)

This policy covers not only physical relocation but any loss of land or other assets resulting in (a) relocation or loss of shelter; (b) loss of or access to assets; (c) loss of income sources or means of livelihood whether or not affected people must move to another location. It is triggered because, if any, occupants of a property could not prove their claims, then they may have to property; but such cases are yet to be identified. No land acquisition and resettlement is anticipated as a result of these investment activities. For the impacts, such as land loss, asset loss, livelihood loss, etc., due to the application of RRUIP a Resettlement Policy Framework (RPF) for the proposed ALASP not required. The SMF includes provisions for carrying out social due diligence. The RPF sets out procedures for handling any unforeseen impacts and provides detailed guidance on mitigating/ managing the same.

1. OP/BP 4.11 is not triggered but Chance Find Procedures, aligned with national legislation, are in place (see annex 5).

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2. Safeguard policies also require compliance with the WB group’s (i) environmental health and safety guidelines (EHS) ( http://www.ifc.org/ehsguidelines, environmental codes of practice (annex 6), Labor Influx guidelines (annex 11) and (iv) Gender strategy (http://documents.worldbank.org/curated/en/820851467992505410/pdf/102114- REVISED-PUBLIC-WBG-Gender-Strategy.pdf)

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4. Impact Assessment – Surveys and Consultations

4.1 Household Surveys and Consultations

4.1.1 Purpose

The purpose of conducting the household surveys and consultations is to obtain information on the following for developing mitigation/ management measures for the risks that are posed by the implementation of RRUIP.

 Socio-economic characteristics of the project households  Ownership of their properties  Satisfaction levels with the property surveys  Satisfaction with the Occupancy Certificate Issue process  Suggestions and perceptions on the Occupancy Certificate and Title Deed Issue process

4.1.2 Sampling

The sampling for the household surveys, Focus Group Discussions and Key Informant Interviews is given below:

1. 4 Cities; Jalalabad, Mazar e Sharif, Herat and Kandahar, were selected on the basis of region, geography, demography, socio-economic characteristics, etc. for the field surveys. Table 1: Sample Distribution City Sampled Households Herat 20 Jalalabad 20 Kandahar 20 Mazar-e-Sharif 20 Grand Total 80

2. In each sampled city, focused household surveys on 20 households; 10 surveys with households who have received OCs (where the OCs are issued, if not then households ready for OCs to be issued) and 10 household whose property is surveyed, but yet to apply for OCs, were selected and surveyed. The selection of survey sample was based on a representative sample using the two methods stratified random sampling and purposive sampling, taking into account city characteristics, different socio-economic background and other issues. 3. In each sampled city about 6 FGDs with different stakeholder groups, who comprised of owners of formal/ informal properties, urban poor settlements (slums), occupation

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diversity, gender, faith/ social status, etc. were conducted. The FGDs were geographically spread to cover the entire city. 4. In each sampled city 6 Key Informant Interviews were conducted; 1 each with a household in possession of OC (where applicable), household yet to receive OC, City administrative staff involved in the land survey and OC process, local MUDL staff involved in the land survey and OC process, local people representative who is involved in land survey and OC process and any other informed person, based on the availability. At least one of them was a women, where possible.

4.2 Profile of HH Surveyed

4.2.1 Ethnicity

Table 2: Social Category of Surveyed Families Grand City Hazara Pashtun Sadat Tajik Turkmen Uzbek Total Herat - - - 100% - - 20 Jalalabad - 95% - 5% - - 20 Kandahar - 100% - - - - 20 Mazar-e-Sharif 35% 10% 5% 35% 10% 5% 20 Grand Total 7 41 1 28 2 1 80 % 8.8% 51.3% 1.3% 35% 2.5% 1.3% 100%

Among the surveyed households the ethnicity differs; the Pashtun (51.3%) are in majority followed by Tajik (35%), Hajara (8.8%), Turkmen (2.5%) and , Sadat and Uzbek are 1.3%. The sampled households in Herat and Kandahar are totally Tajik and Pashtun respectively.

4.2.2 Religion

Table 3: Religious Category of Surveyed Families Name of City Muslim Shia Muslim Sunni Hindu Grand Total Herat 30% 70% - 20 Jalalabad - 100% - 20 Kandahar - 100% - 20 Mazar-e-Sharif 30% 60% 10% 20 Grand Total 12 66 2 80 % 15.0% 82.5% 2.5% 100%

Among the surveyed households, Sunni Muslims are the majority (82.5%) followed by Shia Muslims (15%) and Hindus (2.5%).

46 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

4.2.3 Native Language

Table 4: Native Language of the Surveyed Families Name of City Dari Pashto Uzbeky Turkmani Hazaragi Grand Total Herat 100% - - - - 20 Jalalabad - 100% - - - 20 Kandahar - 100% - - - 20 Mazar-e-Sharif 55% 5% 5% 10% 25% 20 Grand Total 31 41 1 2 5 80 % 38.8% 51.3% 1.3% 2.5% 6.3% 100%

Among the surveyed households, Pashto is spoken by the majority (51.3%), followed by Dari (38.8%), Hazargi (6.3%), Uzbeky (1.3%) and Turkmani (1.3%).

4.2.4 Family Type

Table 5: Family Type City Small Medium Large Grand Total Herat 20% 25% 55% 20 Jalalabad 15% - 85% 20 Kandahar - 15% 85% 20 Mazari-e-Sharif - 10% 90% 20 Grand Total 7 10 63 80 % 8.8% 12.5% 78.8% 100%

Among the sampled households 78.8% were large families, 12.5% were medium sized families and 8.8% were small families. As per ALCS 2016-17, the average household size is 7.7, in line with this a family consisting of 7 to 8 members is medium, above 8 members is large and below 7 members is small.

4.2.5 Family Size and Sex Ratio

Table 6: Average Family Size and Sex Ratio Males Females Family Famil Avg. Sex City Adu Childr Tot Adu Childr Tot Members ies Family Size Ratio lts en al lts en al Herat 42 24 66 51 22 73 139 20 6.95 1106 10 Jalalabad 53 36 89 52 52 193 20 9.65 1169 4 Kandahar 46 51 97 51 46 97 194 20 9.70 1000 Mazar-e- 10 55 46 48 46 94 195 20 9.75 931 Sharif 1

47 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Grand 35 36 196 157 202 166 721 80 9.01 1042 Total 3 8

With regard to family size in the sampled cities, Mazar-e-Sharif has the highest family size (9.75) followed by Kandahar (9.7), Jalalabad (9.65). Herat has a family size of 6.95. The sex ration is even (100) for Kandahar. Jalalabad has the highest sex ratio (1169) followed by Herat (1106) and Mazari-e-Sharif (931).

4.2.6 Literacy

Table 7: Literacy Levels of Surveyed Head of Households Illiter Just Pre- Prim Mid Secon Sr. Gradua Ph Grand City ate Literate Primary ary dle dary Sec. tion D Total Herat 20% 10% 5% 15% 10% - 35% - 5% 20 Jalalabad 30% 10% 5% 10% - 5% 25% 15% - 20 Kandahar 100% ------20 Mazar-e- Sharif 40% - 10% 15% - 5% 30% - - 20 Grand Total 38 4 4 8 2 2 18 3 1 80 47.5 10.0 22.5 1.3 % % 5.0% 5.0% % 2.5% 2.5% % 3.8% % 100%

Among the sampled households, Kandahar has 100% illiterates followed by Mazar-e-Sharif (40%), Jalalabad (30%) and Herat (20%). Higher education was highest in Herat (40%) with a Doctorate, followed by Jalalabad (40%) and Mazar-e-Sharif (30%).

4.2.7 Employment

Table 8: Employment of Head of Households Unem Home Agric Pvt. Govt. Trade & Pett Skilled La Old/ Gran ploye Make ultur Servi Servic Busines y Worke bo Retir d City d r e ce e s Shop rs ur ed Total Herat 5% 5% - 5% 30% 10% 25% 15% 5% - 20 Jalalab ad 10% - 10% 5% 10% 15% 20% - - 30% 20 Kanda 20 har 5% - 5% - 10% 10% 25% 25% % - 20 Mazar- e- Sharif 10% 15% - - 5% 40% 20% 10% - - 20 Grand Total 6 4 3 2 11 15 18 10 5 6 80

48 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

22.5 6.3 % 7.5% 5.0% 3.8% 2.5% 13.8% 18.8% % 12.5% % 7.5% 100%

The unemployment among the sampled household heads is 7.5%, while majority (18.8%) of them are in trade and business followed by government service (13.8%) and skilled workers (12.5%). Being urban areas, only 3.8% are into agriculture.

Table 9: Employment Rate among Surveyed Families City Workers % Non-Workers % Total Adult Family Members Herat 32 34.4% 61 65.6% 93 Jalalabad 29 27.6% 76 72.4% 105 Kandahar 28 28.9% 69 71.1% 97 Mazar-e-Sharif 27 26.2% 76 73.8% 103 Grand Total 116 29.1% 282 70.9% 398

When one considers all the adult members of the sampled households, 29.1% of them are workers and the remaining 70.9% of them are non-workers.

4.2.8 Asset Ownership

Table 10: Asset Ownership Food Two Four Mo Processor/ Air Microw Refrig Wheel Wheel bil Washing Mixer Computer Condit ave Tot City TV erator er er e Machine Grinder / Laptop ioner Oven al 10 10 20 Herat 0% 85% 75% 40% 0% 95% 55% 40% 30% 30% Jalala 55 10 20 bad % 50% 10% 20% 0% 25% 15% 20% 10% - Kanda 10 10 20 har % 5% 25% - 0% - 5% - - - Mazar -e- 95 90 20 Sharif % 75% 60% 15% % 45% 20% 35% 10% - Grand 80 Total 52 43 34 15 78 33 19 19 10 6 65 10 .0 97. 0.0 % 53.8% 42.5% 18.8% 5% 41.3% 23.8% 23.8% 12.5% 7.5% %

The sampled household owns a variety of assets such as Mobiles (97.5%), Televisions (65%), Refrigerator (53.8%), Two Wheelers (42.5%), Washing Machines (41.3%), Food Processor/ Mixer Grinder (23.8%), Computer/ Laptops (23.8%), Four Wheelers (18.8%), Air Conditioners (12.5%) and Microwave Ovens (7.5%). Households in Herat have the most assets among the sampled households.

49 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

4.2.9 Average Monthly Income

Table 11: Distribution of Families on the Basis of Average Monthly Income Less Than 5000- 10000- 20000- 30000- More than Grand City 5000 10000 20000 30000 50000 50000 Total Herat 10% 20% 30% 15% 20% 5% 20 Jalalabad 50% 25% 20% - 5% - 20 Kandahar 25% 60% 15% - - - 20 Mazar-e- Sharif 40% 45% 15% - - - 20 Grand Total 25 30 16 3 5 1 80 % 31.3% 37.5% 20.0% 3.8% 6.3% 1.3% 100%

Among the sampled households, the households from Jalalabad, Kandahar and Mazar-i- Sharif have incomes upto Afn. 20,000/- per month. About 40% of the sampled households in Herat have income above Afn. 20,000/-.

Table 12: Average Income of Different Income Groups Row Less Than 5000- 10000- 20000- 30000- More than Grand Labels 5000 10000 20000 30000 50000 50000 Total Herat 4000 6250 11167 20000 35000 80000 19000 Jalalabad 2550 5800 10500 - 35000 - 6575 Kandahar 3400 6500 10000 - - - 6250 Mazar-e- Sharif 3188 5556 11333 - - - 5475 Grand Total 3040 6067 10813 20000 35000 80000 9325

The average monthly income of sample households in Herat is Afn. 19,000/-, followed by Jalalabad (Afn. 6575), Kandahar (Afn. 6250) and Mazar-e-Sharif (Afn. 5475).

Table 13: Average Monthly Income by Source What are the sources of above Coun Monthly Avg. Monthly income t % Income Income Agriculture 2 2.5% 11000 5500 Pension 3 3.8% 5500 1833 Wages 2 2.5% 12000 6000 Others 72 90% 682501 9479 Service 1 1.3% 35000 35000 100 Grand Total 80 % 746001 9325

50 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

The average monthly income of the sampled households by source reveals that those in Service have highest monthly income (Afn 35,000) followed by Others (Afn 8479), Wages (Afn 6000), Agriculture (5500) and Pension (1833).

4.2.10 Ownership of Land

Table 14: Duration of Ownership of Land Less than 5-10 10-15 15-20 More than Grand Name of City 5 Years Years years Years 20 Years Total Herat 15% 20% 15% 15% 35% 20 Jalalabad 15% 25% 10% 15% 35% 20 Kandahar 10% 15% 50% 20% 5% 20 Mazar-e-Sharif 5% 25% 40% 30% - 20 Grand Total 9 17 23 16 15 80 % 11.3% 21.3% 28.8% 20.0% 18.8% 100%

Most households (28.8%) informed that they own the land for the last 10-15 years, whereas 18.8% of them for more than 20 years. About 11.3% of the households claim that they own their land for less than 5 years.

All the HH surveyed possess land and they have Urfi Qabala8 documents to support their ownership. The respondents inform that no one had any boundary dispute with their neighbours. All the respondents except 2 respondents in Mazar-e-Sharif stated that the Surveys of land have been conducted. Survey was conducted by MUDL Office. Surveys were done using the measuring tapes and all the respondents were aware of the process.

4.2.11 Satisfaction with Land Surveys

Table 15: Reasons for Satisfaction / Dissatisfaction from Land Surveys Reasons for satisfaction/ Dissatisfaction Count % Cumulative We will get legal document and would feel safe about ownership of the property 66 82.5% 47.5% our land will be secured against the claims and disputes 6 7.5% 80.0% we will have the ownership of our land 3 3.8% 88.8% Our land will be registered in government agencies 2 2.5% 91.3% It will avoid future disputes and claims 1 1.3% 95.0% Our land will be registered officially 1 1.3% 96.3% No Response 1 1.3% 100% Grand Total 80 100% 100%

8 Urfi Qabala is a property document given by property dealers issued by Ministry of Justice

51 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Almost all the participants are satisfied about the surveys and the issuance of the Occupancy Certificates. The main causes for satisfaction of the households are a) getting a legal document from the government and b) security against claims and disputes. It may be noted that the households perceive the Occupancy Certificate is a LEGAL document.

4.2.12 Occupancy Certificates – Issuance

Table 16: Occupancy Certificate Obtained Name of City Yes No Waiting to Apply Grand Total Herat - - 100% 20 Jalalabad 65% 30% 5% 20 Kandahar - - 100% 20 Mazar-e-Sharif - 100% - 20 Grand Total 13 26 41 80 % 16.3% 32.5% 51.3% 100%

Among the surveyed households, 16.3% have already received the Occupancy Certificates and 32.5% are yet to receive them, whereas 51% People are waiting for the land surveys to be completed and once the surveys are completed they will apply for the OC. It may be noted only the households from Jalalabad have received Occupancy Certificates.

4.2.13 Occupancy Certificates - Perceptions

Table 17: Perceived Use of OC Count of Name of What is the Use of OC? Respondents % To get ownership of our land 23 28.8% our land will be registered with government 20 25.0% Govt. doc 8 10.0% Value of my land will increase 4 5.0% If I go somewhere , our land will be safe 2 2.6% Don't Know 23 28.8% Grand Total 80 100%

It is to be noted that about 28.8% of the surveyed households perceived that the OC gives them the ownership of their land and about the same number of households do not have any idea about the use of the OCs. This is a good case to start a concerted communication campaign on the project to create awareness about the project and its outputs and outcomes.

Table 18: Perceptions on the benefits of OC What are your perceptions on benefits of OC? Count % Enjoying the property ownership 34 42.5%

52 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

land safety, value of land, feeling ownership of our land, OC is Govt. issued credible document 9 11.3% Our land value will increase 2 2.5% our land will be registered formally and nobody will claim the ownership 12 15.0% our land will be safe with OC 14 17.5% We will get legal document for ownership of property 4 5.0% Don't Know 5 6.3% Grand Total 80 100%

Except for 6.3% of the surveyed households who did not respond, the remaining perceive that the OC will enhance their ownership, legality and safety of land asset.

Table 19: Difficulties in OC Application Process Did you find the OC application process cumbersome? Count % No it was easy 5 6.3% process takes too long 1 1.3% the process was easy and short 2 2.5% No Response 72 90.0% Grand Total 80 100%

When enquired about the difficulties faced in applying for the OC, about 8.8% have responded that it was easy and short, only one responded saying the process takes long and 90% did not respond.

Table 20: Suggestions for Improving OC Process Suggestions for Improving OC Process Count % Duration should be reduced 1 1.3% The Process is Fine 25 31.3% Short and easy process to be adopted 1 1.3% Should not ask for documents several times 1 1.3% We would be happy to get OC Quickly 1 1.3% No Response 51 63.8% Grand Total 80 100%

When asked to make suggestions to improve the OC process, 63.8% did not respond and 17.5% said that they have no suggestions, while 13.8% opined the process is fine. About 5.2% suggested that process has to be made short and easy with reduced duration.

Table 21: Use of OC in Land Transaction Can you use the OC for making Land Transactions (Sale)? Count % Yes 24 30%

53 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Don't Know 56 70% Grand Total 80 100%

About 30% of the surveyed households perceived that the OC can be used for making land transactions, while 70% do not know the use of OC in land transactions.

Table 22: Registration of Land by Owners Did you Register the Land? Count % Yes 12 15.0% No 68 85.0% Grand Total 80 100%

About 15% of the land owners have registered their land, while the remaining 85% did not register. Registration process did not involve any payment of fees as informed by the respondents who have applied for registration.

Table 23: Benefits of Having OC What are the benefits of having OC? Count % Land value will increase 9 11.3% Our land will be secured 11 13.8% We can feel comfort 5 6.3% We can use Govt. services 1 1.3% We will feel comfort 5 6.3% will get government issued documents 1 1.3% I don’t know 48 60.0% Grand Total 80 100%

When enquired about the benefits of OC, 13.8% of surveyed households responded saying that their land will be secure, 11.3% said that their land value will increase, 6.3% said that it will make them feel certain amount of comfort, while 2.6% said that they will get government documents and can access government services and about 60% did not know the benefits.

Table 24: Suggestions on Process for getting OC Any other suggestions about Process of getting OC Count % People themselves should submit required document to MUDL office for OC 1 1.3% the process should be shorter & collect all the required documents at once 19 23.8% we need survey again 1 1.3% No suggestion 59 73.8% Grand Total 80 100%

54 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

The responses to make suggestions on process of getting the OC are not many. While the majority (73.8%) had no suggestions, a sizeable portion (23.8%) of the respondents have suggested that the process should be shorter and all the required documents should be collected at once. 1.3% of the households wanted the survey again. This strengthens the need for a robust grievance redressal process.

4.2.14 Title Deeds

Table 25: Knowledge about Title Deeds Do you know about Title Deeds? Count % Yes 69 86.3% No 11 13.8% Grand Total 80 100%

Among the surveyed households, 86.3% know about title deeds, while the remaining 13.8% do not know about title deeds.

Table 26: Where to get the Title Deeds From Where do you get it from? Count % MUDL 1 1.3% Court 11 13.8% Court & Finance directorate (Mastofiat) 16 20.0% Municipality 7 8.8% Municipality / Local district courts 37 46.3% Don't Know 15 18.8% Grand Total 80 100%

When enquired about where to get the title deeds from, about 46.3% respondents replied that Municipality/ Local District Courts gives them, 20% replied that the Court & Finance Directorate gives them, 13.8% replied that the Courts give them and 8.8% replied that Municipality gives them. Only 1.3% replied that MUDL gives these title deeds. It takes several months to obtain the Title Deeds as reported by 10 respondents. Others were not aware of the time taken.

4.3 Stakeholder Engagement – Consultations

The Social assessment was based on secondary research which was complemented with focus group discussions and Key Informed Interviews and primary data. In each sampled Herat, Jalabad, Kandhar and Mazar-e-Sharif city where about 6 FGDs with different stakeholder groups, who comprised of owners of formal/ informal properties, urban poor settlements (slums), occupation diversity, gender, faith/ social status, etc. were conducted. The FGDs were geographically spread to cover the entire city. Thus a total to 24 FGDs were conducted.

55 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Each of these FGDs were attended by over 20 persons, totaling to about 460 persons. In each of the city 6 Key Informant Interviews were conducted; 1 each with a household in possession of OC (where applicable), household yet to receive OC, City administrative staff involved in the land survey and OC process, local MUDL staff involved in the land survey and OC process, local people representative who is involved in land survey and OC process and any other informed person, based on the availability. At least one of them was a women, where possible.

4.3.1 Observations/ Suggestions/ Expectations from FGDs and KIIs

The following are the observations/ suggestions/ expectations of the community members/ respondents participated in FGDs and KIIs:

Table 27: Community Observations/ Suggestions/ Expectations of Respondents S.No. Topic/ Issue Observations/ Suggestions/ Expectations 1 Disputes Related to 1. Difference in Measurement of the Land Boundaries 2. Joint walls generates problems. 3. Shared land between inheritances creates problems of joint ownership. 4. Part of land left for Road/ Street becomes problematic. 5. Same land is issued to many people by having two documents with different Land owners names. 6. People makes windows on 2nd and 3rd floor that opens towards the neighbours which is not acceptable due to privacy. 7. Inheritors may create problem in future. 2 Mutually accepted terms 1. Land legal Documents need to be checked. during land transactions 2. Four side Neighbours are informed and are witness. 3. Elders of street/ CDCs are invited. 4. Property dealer is involved. 5. Family members of seller are involved to confirm the transaction. 6. And Agreement Letter describing that seller is not responsible for Government claims but only responsible for public claims against this land. 7. Imam Masjid is also involved. 3 Problems/ issues during 1. No Problem, it was an excellent job done both by UN-Habitat measurement/ survey, and MUDL 2. Team leader Survey was not too much active. 3. Some team members were not pre-trained. 4 Pre-requisites for issuing 1. Any property document (Shari Qabala9 and Urfi Qabala10) OCs Documents, Fees, 2. ID card with full biodata form etc. 3. Electricity Bill 4. Property Dealer document if exists 5. Photos 6. Phone Number

9 Shari Qabala is a property document issued by Court 10 Urfi Qabala is a property document given by property dealers issued by Ministry of Justice

56 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

S.No. Topic/ Issue Observations/ Suggestions/ Expectations 5 Perceptions on property 1. Having legal document. rights 2. Four side walls 3. People feel confidence on undertaking works on the land. 4. Existence of Safayee booklet issued by Municipality. 5. No frequent troubles with Government Agencies with regard to ownership. 6. MUDL issued document is good. 6 Need for more precise 1. No- It will be waste of time and money surveys 2. No Need - It was very accurate survey and the team worked with very patience and our complaints are fully recorded and checked. 3. Yes if it would more useful for minimizing the no of disputes for future time. 7 Willingness and Capacity 1. No - People are very poor and they are not able to pay for the to pay for more accurate OC Fee so how will they pay for the survey cost. (precise) measurements/ surveys – payment of actual (real) costs Perceptions on land 1. Value of Land will be increased markets/ costs – before 2. People will feel secured and will start further construction of after OCs their homes according to their need. 3. Land Sale and purchase will increase and people will get high interest. 4. People will be provided with by Municipality Services. 5. The investment opportunities will increase in the area Any alternatives/ 1. No Alternative - OC is the best option and we hope for quick changes/ etc., to OCs implementation of the process and issuance of OC Timing for issuance of 1. Five years, which is too long and it would be better to be issued Title Deeds (TD) within one year. 2. We have weak trust on Government due to many frequent changes so want this OC and Title Deed soon. 3. Some powerful people will make document for our land and will take our properties from us so it would be better to receive OCs/ TDs as soon as possible. 4. Five years’ time is enough. There is good chance that all disputes will be finished in this duration.

4.3.2 Public Consultation and Disclosure Workshop

A public consultation and disclosure workshop was held on 03 December 2018 at MUDL, Kabul, where various representatives have participated. The key suggestions from the participants include: a) Faster issuance of Occupancy Certificates: The MUDL clarified this as this will involve design of specific procedure, collection of information pertaining to background of ownership of land, resolving issues through legal procedures, survey of properties, etc. will take time. It is further clarified the problems of land grabbing cannot alone be solved by land administration measures, but require, security organs and other agencies to work together to

57 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 tackle the issues. It was further clarified the proposed system taken from the Turkey Model, and this would suit, because both countries are similar in terms of culture and religion. b) Joint Ownership of Properties by both Spouses: This was clarified that when the land is identified as government land, the property certificate will be given in the name of both the spouses (woman and the man) in a joint form. It was added that in other areas, people are free to choose to receive the OC in whatever name they wish to, and this matter is explained in the presidential decree No. 305. It was mentioned that people do not want to give women ownership due to customary rules and this is a traditional issue in Afghanistan, which requires awareness of among the people. On issue of Wasseqa (a legal document), agreement with the Supreme Court have been signed to process the legal cases. c) Inclusion of Rehabilitation Measures to Mitigate Risks and Impacts: It was suggested by the participants that the project procedures and implementation plans, should include rehabilitation procedures, since some areas are under the threat of environmental hazards, people should be made aware of these issues and MUDL should take action in preventing of distribution of OCs in hazardous areas and rehabilitate them. For instance, in Khwaja bughra area of Kabul city, there are plenty of houses below the overhead power lines with high voltage as the impact of which is very dangerous to the people residing there. d) Submission of EMF, SMF and RPF to NEPA: NEPA suggested that MUDL should share the EMF, SMF and RPF with NEPA and seek their approval before it is proceeds for implementation. It was clarified that ALASP project is categorized as category “B” in compliance with World Bank Safeguards regulations, which have minor and temporary impacts as they can be mitigated through proper mitigation measures. At the same time all the donor agencies who are funding the government projects are exempted to seek the NEPA’s approval for category “B” projects. However, it was assured that, MUDL will share the documents with NEPA. It was further added that the documents will be accessible through MUDL’s website and a soft copy would be send to all the concerned stakeholders.

A summary of this workshop is annexed to this report.

58 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

5. Project Impacts and Risks

5.1 Impacts due to Project Interventions

The likely social impacts that could occur due to each project activity are listed below:

Table 28: Likely Social Impacts due to Project Interventions

Component Sub-component Details Potential Impacts (positive and adverse) Geo-Information Geodetic Reference  This sub-component will provide assistance to MUDL to install a new  Provides land security to Infrastructure Network geodetic reference system, the Afghanistan Positioning System titleholders. (AFPOS), comprising a horizontal geodetic control network for  Improves land values Afghanistan.  No Negative Impacts  This is a soft component.  There is no hard component or construction involved in this. Base Mapping  The base mapping for the ALASP will support a broad range of  Paves way for title deeds mapping purposes to support the needs of MUDL and other GoIRA  Provides land security to agencies, and public/private interests. Base mapping will serve the titleholders. purposes for cadastral and administrative boundaries, land registration,  Improves land values topographical mapping accomplished by collecting appropriate ortho-  No Negative Impacts rectified imagery at suitable resolutions.  This would be supported by field surveys to ground-truth the location of parcel boundaries.  This is a soft component.  There is no hard component or construction involved in this. Mostly consultancy work. Information  The ICT infrastructure will comprise a secure and reliable  No negative impacts Communications communications network (Internet and cell phone), a modern data Technology (ICT) center with enterprise storage area network serving all of MUDL’s ALASP locations, a scalable architecture enabling efficient and reliable backup and recovery functions, as well as centralized administration.

59 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Component Sub-component Details Potential Impacts (positive and adverse)  This is a soft component.  There is no hard component or construction involved in this. Land Information System  Under this sub-component, MUDL will establish an authoritative,  Ease in obtaining title deeds (LIS) integrated and web-based land information system (LIS) for storing,  Long term benefits in during managing, processing, and distributing land and property information land transfer. to support MUDL business operations related to cadastre and land  Long term benefit during sale registration. and purchase of land  This is a soft component.  No negative impacts  There is no hard component or construction involved in this. Supporting issuance of  This component will validate the survey carried out by UN-Habitat to  Users’ rights of the occupiers Occupancy Certificate in establish eligibility for issuance of OC in informal areas. of state land will be informal areas  The Regulation lays down threshold limits of area for differential recognized, which is a step payment for issuance of OC on state land which is flat rate for upto towards formalizing the state 300 sqm; for 300-500 sqm it is at fair price; 500 to 1000 sqm is at land under possession. market price and any area above 1000 sqm will be surrendered to the  The negative impacts will government. arise from weak capacity to  The Regulation further includes OC for private land in informal areas, pay at fair market price and whereby the owner will be required to provide proof of ownership of market value that may lead to the asset. surrender of area beyond the threshold limit; may impact the structural safety, in case area needs to be surrendered; may be excluded from the benefits if unable to provide proof of ownership, etc. A standalone RPF has been prepared to address the negative impacts that may arise. Cadastre  The cadastre proposed by this sub-component will establish the digital  No adverse impacts set of records about land properties containing two (digital)

60 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Component Sub-component Details Potential Impacts (positive and adverse) mechanisms: a) a map layer showing the size and location of land parcels; b) and attribute data linked to the land parcels and other real properties.  This database will be maintained, processed and electronically distributed to end users.  This is a soft component.  There is no hard component or construction involved in this. Land Registry  Under this sub-component, the project will engage in the surveying,  The people in “formal areas” adjudication and registration of around 100,000 land parcels in project will gain from receiving title areas under MUDL’s Herat and Kabul. to the private property.  It is intended that the ALASP project will issue government  n guaranteed titles to 100,000 parcels of land.  This is a soft component.  There is no hard component or construction involved in this. Land  The development of key land administration laws are expected to  Clarity on Land issues. Administration, Development of key land provide legal and institutional environment for the Land  Better land dispute Legislation, and administration laws Administration to function. resolution. Capacity Building  There is no hard component or construction involved in this.  MUDL & Technical  There is no hard component or construction involved in this.  No adverse impacts Institute Capacity Enhancement ALASP Staff Planning  This sub-component would support a suitable staffing plan for MUDL  No adverse impacts to support operational needs as well as ALASP specifically.  There is no hard component or construction involved in this. Financial Sustainability &  The ALASP program will contribute to MUDL’s long-term goal to  Possibility of hike in fees Policy Development become an autonomous agency, financially independent, able to generate its own funds and make a positive financial contribution to the public sector.  There is no hard component or construction involved in this.

61 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Component Sub-component Details Potential Impacts (positive and adverse) Institutional Organizational  This sub-component will undertake a study to explore organizational  No adverse impacts Strengthening Development reforms that may streamline land administration processes and foster cooperation amongst the GoIRA stakeholders which either produce or depend on land information.  There is no hard component or construction involved in this. Land Valuation System  This sub-component would finance technical assistance, training and  No adverse impacts capacity building for land valuation and necessary correcting of ALPIS procedures to ensure it is fit-for-purpose and consistent with good valuation practices and standards. Public Awareness Raising  This sub-component will provide outreach programs to disseminate  Awareness creation and Citizen Engagement information to raise public awareness of the laws, roles and  Citizen empowerment responsibilities of MUDL to implement and deliver land administration  Poor, vulnerable and women services in Afghanistan. might be left out of the  There is no hard component or construction involved in this. campaign Project Project Management  Under the project the PIU will be supported with staffing to support  No adverse impacts Implementation project management, planning, financial management, procurement, Support M&E and specific technical staff.  There is no hard component or construction involved in this. Monitoring and Evaluation  This subcomponent would finance training, technical assistance, and  No adverse impacts (M&E) systems development for the implementation of the ALASP M&E system.  This subcomponent would also fund TA to conduct a project impact assessment in the fifth and final year of the project.  There is no hard component or construction involved in this.

62 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Most of these operations are soft activities. All these components do not involve any field based construction or other operations. Except for the cadastre survey and establishing a geodetic reference network, all the other operations are done in the MUDL / Consultants offices using IT hard and software. With regard to land use change, though that is not part of the project description, it could happen outside the project preview. Zoning, Master Plan preparation, etc. are not under the project. The Land Management Law restricts sale or possession of state land under forests, grazing lands, monuments, etc.

5.2 Project Risks and Mitigation Measures

Table 29: Project Risks and Mitigation Measures Likely Social Risks Mitigation Measures The procedures/rules Each Law/ Act/ Code prepared under this project must go through developed under the project may a process of public consultation after proper disclosure, and suitably not consider the view points of amended without compromising on the principles of. In addition the poor, vulnerable and women. representatives of the poor, vulnerable and women must be The elite may turn these laws/ separately consulted and their feedback collected to amend these acts/codes to their benefit. laws/ acts/ codes.

Poor, vulnerable groups and A two-way communication strategy is suggested to incorporate the women may be excluded from feedback of poor, vulnerable and women. A Gender Action Plan awareness creation and has been prepared to check this risk in the planning stage itself. communication activities. Their Monitoring indicators developed for the project will track this risk voice may not be heard. The project stakeholders may A detailed capacity building strategy and budget provided to address not be able to understand their this risk. roles related to social issues. Project would deploy community facilitators in the field to create awareness about roles and responsibilities. Monitoring mechanism developed for the project are to be adapted to track this risk MUDL capacity issues with The Social Specialist at MUDL and Communications Experts at regard to people management MUDL field offices will be responsible for Grievances Management and community awareness are proposed to address this risk. creation and communications Overall project implementation strategy addresses this risk by may affect project outcomes. facilitating an organizational development and capacity building. A detailed capacity building strategy and budget provided to address this risk. Grievance of project key A robust Grievance Redressal Mechanism is proposed to be set up stakeholders may not be to address this risk during planning and implementation. addressed properly. Options to reach The World Bank GRM with regard to grievances is provided to check this risk at all times. The Social Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for Grievances Management are proposed to address this risk. Project information may not A detailed IEC campaign is proposed before project activities take reach the key stakeholders, thus off to address this risk during design stage itself. making them disinterested in The Social Specialist at MUDL and Communications Experts at participating. MUDL field offices will be responsible for social mobilization and awareness creation are proposed to address this risk.

63 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Culturally appropriate IEC material to be developed aimed at the local communities

5.3 Potential Impacts and Risks

The following are the potential impacts and risks:

 The Laws/Acts/Procedures may not represent the interests of the poor, vulnerable and women – Disclosure and public consultation  Likelihood of losing property and/or livelihoods as the procedures more specifically related to OC may not take into consideration or claimants without document to prove their ownership or may not have the capacity to pay leading to surrender of area and or above the 1000 sqm – the detailed analysis of adverse impacts and mitigation measures are provided in RPF that provides for replacement cost of asset lost and rehabilitation due to loss of asset.  Possibility of hike in MUDL fees for issuance of certificate, title deeds, surveys, valuation, etc. - Telescopic pricing based on uses minimum reasonable threshold fee  Awareness creation may not reach poor, vulnerable and women – Communication Strategy IEC campaigns with FAQs, leaflets, brochures,  Citizen engagement may not take place – Two way communication and feedback incorporate into the design disclosure, consultation  Grievances of the poor vulnerable and women may not be redressed

64 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 6. Social Management Framework

6.1 Introduction

This Social Management Framework is prepared based on the assessment of social impacts and risks to guide the screening and preparation of plans and strategies as appropriate for the project interventions to be taken up under the project. The SMF would apply to all project interventions under ALASP at locations identified at this stage and at locations identified during project implementation. The objectives of this SMF are to: a) develop a framework with processes and procedures for the project b) enhance institutional capacity of the MUDL in implementation of social management plans c) establish mechanism and processes for grievances redressal and monitoring and evaluation, etc.

This SMF comprises the following:  Social Management Plan  Citizen Engagement  Gender Strategy  Grievance Redressal Mechanism  Implementation Arrangements  Monitoring  Capacity Building Strategy  Budget

6.2 Social Management Plan

The following Social Management Plan is proposed:

Table 30: Social Management Plan S.No. Impact/ Risk Mitigation/ Management Measure Primary Responsible Agency 1  Preparation of laws, Each of them will be disclosed in the public MUDL policies and domain, in languages of the affected groups, procedures may not before enacting them or putting them to represent the practice. Public consultations with the affected interests of the groups, the poor, vulnerable and women will poor, vulnerable be held at places convenient to them and at a and women. time suitable to them, with sufficient notice. Their feedback will be taken into account and the law/ code will be amended suitably or mitigation will be proposed in the law itself. The final version will go through disclosure, consultation, feedback and amendment cycle, till all the objections are sorted out.

65 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 2  Likelihood of losing A Resettlement Policy Framework is prepared MUDL property and/or for this project, to deal with such risks and Concerned livelihoods as the impacts. Municipality code may not these into consideration or claimants not having proper documents.

There is a possibility that while applying for issuance of Occupancy Certificates, some of the inhabitants may not be able to produce the required documents and they may be denied the Occupancy Certificate. . Some may not be in a position to procure these documents due to their personal conditions. Some may not be able to get these documents due to security reasons or due to their vulnerability. In such cases they might be refused to be entertained for the Occupancy Certificate. 3  Possibility of hike in MUDL will conduct a Capacity To Pay study MUDL MUDL fees for for such kind of charges/ fees for its services. issuance of MUDL will either not charge these poor, certificate, title vulnerable and women any charges or a bare deeds, surveys, minimum nominal charge. MUDL will use valuation, etc. telescopic tariff model with minimum charges for small residential plots and increasing Since MUDL has to be charges for larger commercial/ industrial plots. financially sustainable, it will suitably fix the fees and charges for their services. Most of the poor, vulnerable and women are not in a position to take on these charges. 4  Possibility of land When any land use change and transfer of land MUDL transfer and land takes place, MUDL will conduct an NEPA use change Environmental and Social Impact Municipality Assessments, disclose the same in public

66 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 As the Afghanistan is domain in local languages and conduct public promoting industry, consultations. Based on these public business, housing, etc. consultations’ feedback, MUDL will develop there is a likelihood of Management Plans to mitigate/ mange the changing land use and impact due to this land use change and allotting public/ state implement the same. Land use change can be land to these groups and effected only after successfully implementing encouraging them to the mitigation/ management plans. start business/ industries. When government allots state/ public land that is forest land/ grazing land/ agricultural land/ land marked as green space/ etc., this will have impacts on agricultural production, food security, loss of common property resources, etc.

MUDL will inform the World Bank when such incidences occur, with its plan of action for review. Further MUDL will submit summarized quarterly reports to the World Bank, on implementation of this SMP, as a part of the quarterly reporting on Monitoring and Evaluation of SMF implementation.

6.3 Citizen Engagement Strategy

Citizen Engagement, through a two-way communication, values the right of citizens to have an informed say in the decisions that affect their lives. It is a means of dialogue between citizens and their Governments that emphasizes the importance of sharing of power and information and building mutual trust. Citizen Engagement is a prerequisite for an effective Transparency and Accountability Framework. The system developed for citizen’s engagement will provide project beneficiaries, as well as concerned citizens and civil society space to provide feedback on the project. As an accountability measure, offline and online mechanisms will be created for receiving citizen’s feedback. This feedback will be systematically analyzing and used to inform the overall project implementation strategy. The awareness generation effort of the project will also include informing people about ways of providing feedback; like consultation, web portals, toll- free helplines, GRM, independent third party monitoring, etc. Key elements of this strategy are:

6.3.1 Communications Strategy

The Communications Strategy for a program of this scale and profile, will need to have an effective mix of mass communications, advocacy (general and targeted), community mobilization and social messaging. The tools will range from mass media, social advertising, direct interaction, media engagement and development of platforms and champions, especially

67 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 at the local levels. The communication strategy will need to be flexible enough to be adapted when and where necessary. It should be monitored and evaluated regularly for making modifications according to the political and economic circumstances that arise.

The communication strategy for this program has to be specific and fit for purpose. Hence the communication strategy that needs to be developed should aim at a) informing the occupants about the OC program and its provisions, b) making the occupants aware of the provisions of RRUIP, LML and this RPF, c) creating awareness about the document requirements for granting the OCs and d) creating awareness on the Grievance Redress mechanism. This strategy needs to be operationalized by preparing Communication Plans for implementation, effectively following the steps given below:

1. Stakeholder Analysis 2. Communication Needs Assessment 3. Communication Strategy design 4. Communication Plan preparation with budget 5. Communication Materials preparation on pilot basis 6. Communication Plan piloting 7. Feedback from the occupants 8. Communication Strategy, Communication Plan and Materials fine-tuning 9. Communication Plan implementation 10. Monitoring and Evaluation

6.3.2 Stakeholder Consultations: Participatory Planning, Implementation and Monitoring

Some of the project interventions such as a) surveys, b) ground-truthing of references/ boundaries, c) drafting of laws and codes, and their design, and planning and implementation would involve all stakeholders. In such exercises, inclusion and involvement of all social groups at all stages of planning, implementation and monitoring would be made mandatory. For this purpose, MUDL and its field offices would convene community meetings to ensure representation of all such groups besides recording their attendance by category/ group and get their feedback. Continuous process monitoring of these exercises by Social Specialist at MUDL and Communications Experts at MUDL field offices would lay emphasis on quality of interactions during such meetings.

It is intended that initial stakeholder consultations during the planning of ALASP, which will continue through implementation, would facilitate feedback and learning, and transference to design and implementation. Emphasis will be on seeking the views of poor, vulnerables and women. Their feedback will inform final design of potential investments.

6.3.3 Citizen Feedback Model - ICT

Feedback from stakeholders, complaints or grievances would be recorded through innovative use of ICT systems. Such information would be collated at the MUDL field

68 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 offices level for usage in planning and implementing and further reporting to MUDL head office. For this purpose MUDL will make arrangements on its web portals and provide dedicated toll-free helplines.

6.3.4 Support from Grievance Redress Mechanism

The GRM process is designed to have interactions between MUDL and stakeholders. The MUDL field offices will interact with the aggrieved to solve any grievances as they come to their notice. This GRM can be used for providing feedback by the stakeholders. MUDL and its field offices will have regular interactions with the communities for their feedback on project interventions and impact mitigation/ management measures which is considered as a valued feedback.

6.3.5 Independent External Third Party Monitoring

The proposed independent third party monitoring will also seek feedback from the communities and key stakeholders and include this in the report for MUDL’s use.

6.3.6 Information, Education and Communication Strategy

The IEC is the key element in getting appropriate feedback from the key stakeholders. If the IEC can a) convey the right information, b) provide clarifications sought and c) answer the questions lingering in the minds of the stakeholders, then is enables receipt of right feedback. For receiving the feedback, the channels mentioned above are to be made use of by the stakeholders.

MUDL will send quarterly reports of such feedback and transference to the World Bank.

6.4 Gender Strategy

Considering the prevailing gender situation in Afghanistan, like in other projects, as per available experience, in this project as well, women are likely to experience differential socio-economic impacts due to their disadvantaged position within socio-economic structures and processes. The secondary research was combined with focus Group Discussion (FGD)s, direct observations, key informant interviews of policy making and implementer organizations and government institutions. Interviews and FGDs with stakeholders in Kabul, Herat, and Mazar-e-Sharif for qualitative data collection. Overall, 48 interviews were conducted with, government officials, gender specialists, civil society activists, lawyers, businesswomen, court staff and MUDL staff. In total, seven FGDs were conducted in Kabul, Herat, and Mazar-e-Sharif in which 147 men and women participated. Two of the FGDs were conducted with MUDL female staff in the Kabul and Herat offices (54 women) to collect their feedback for the revision of ARAZI gender policy. In Herat, three FGDs (19 men and 33 women) were conducted with rights activists, legal advisors, government officials and businesswomen. Since business women in Mazar-e-Sharif were not identified, two FGDs (21 men and 20 women) with lawyers, advocates, government officials and school teachers were conducted.

69 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 MUDL as an organization has Gender Equity Policy and Action Plan to provide work place diversity and equal employment opportunity and to deal with work place harassment and discrimination. As a part of Gender Strategy the following actions are proposed:

. The Gender strategy for the ALASP would follow below legislation: o The Afghan Labor Law o The law for elimination of violence against women o National Action Plan for the Women of Afghanistan o MUDL Gender Equity Policy and Action Plan . Gender disaggregated land related socioeconomic baseline: When MUDL develops the land registry and LIS, it includes gender disaggregated information on women as part of the Baseline data collection for subsequent usage during mid- term and end-term evaluation. . Separate Consultations/ Focus Group Discussions and Mobilization: In order to ensure their differential needs are well articulated and recorded, Consultations/ FGDs would be conducted using experienced Communications Experts of MUDL field offices. These FGDs or Consultation would be scheduled in terms of time and location so as to maximize their participation. Such meetings would continue across all stages of every project intervention. . Gender disaggregated monitoring indicators: Such monitoring indicators would be developed to monitor and evaluate the project and would be used in the proposed monitoring. . Inclusion in Grievance redressal mechanisms: Representation of women in grievance mechanisms would be mandatory at all levels. . Preference to deployment of women in staffing MUDL and in ALASP operations: Female staff, wherever possible, would be deployed to the extent possible under the project. This would enhance mobilization of women stakeholders. The women staff will be provided trainings to facilitate effective outreach of project information to women groups to develop rapport during project implementation and beyond. MUDL would deploy at least fifty percent women Communication Experts in its field offices.

The project has taken up a study on Gender and the recommendations of this study will be implemented by the project.

6.5 Grievance Redress Mechanism (GRM)

6.5.1 Objective of the GRM

MUDL will establish a Grievance Redress Mechanism (GRM) for ALASP, which will be implemented with the aim to respond to queries or clarifications about the project, resolve problems with implementation and addressing complaints and grievances. The GRM will focus on corrective actions that can be implemented quickly and at a relatively low cost to resolve identified implementation concerns, before they escalate to the point of harm or conflict. GRM will serve as a channel for early warning, helping to target supervision to where it is most needed and identify systemic issues.

70 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

The GRM will directly focus on and seek to resolve complaints (and requests for information or clarification) that pertain to outputs, activities and processes undertaken by the Project, i.e., those which (i) are described in the Project Implementation Manual; (ii) are funded through the Project (including counterpart funds); and (iii) are carried out by staff or consultants of the organization, or by their partners and sub-contractors, directly or indirectly supporting the project. It is envisaged that such cases would fall under (but are not limited to) the following categories:  request for information, comment or suggestion, e.g., request for clarification as to the delay in issuing the OC or Title Deed or in reimbursing expenses of participants in a given training event;  violation of rights or non-performance of obligations, e.g., complaint by consultant or firm whose contract is suspended as a result of presumed poor performance or non-delivery of agreed-upon outputs;  grievances or offenses involving a violation of law, e.g., allegations of corruption; and  complaints against project staff, members of project committees, consultants, and sub-contractors involved in project implementation

This section deals with the two levels at which the Grievance Redress Mechanism will be established, a) the Grievance Redress Committee at the Provincial Level and b) Project Grievance Redressal Committee at national level. Moreover, the legal options will be available to all the stakeholders. These arrangements are described below:

6.5.2 Grievance Redress Committee (GRC)

The Grievance Redress Committee will be established at the provincial level under the chairmanship of the Head of MUDL Field Office for redressal of grievances of the stakeholders with the Communications Expert of the MUDL Field Office as the convener of this committees and provincial level heads of related departments (such as head of municipalities) as members (maximum 5) along with a community representative and a prominent Social Worker of the Province.

It is proposed that the stakeholders first registers the grievances with the GRC, which will be directed to the concerned MUDL Field Office for taking redressal measures. The GRC should review status of all matters/ grievances received during the next immediate meeting and initiate measures for redress of unresolved complaints. No grievance can be kept pending for more than a month which means the committee has to meet every month. Implementation of the redress rests with the GRC with due support provided by the MUDL field office. In case the aggrieved party is not satisfied with the proposed redress measures by the GRC, then the party can approach the MUDL Head Office for redressal. If the aggrieved party is not satisfied with the proposed redressal measures suggested by MUDL Head Office, then the party can approach the court of law or the larger nation-wide grievance redress systems in place.

6.5.3 Project Grievance Redress Committee (PGRC)

71 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 In order to address grievances related to ALASP activities, which are escalated to MUDL Head Office, the PGRC is formed with the CEO, MUDL as chairman and Social Specialist at MUDL Head Office as the convener. The PGRC will also monitor and review the grievances filed at MUDL Field Offices. The composition of the committee will be with the following members:-

1. 4 representatives, one each from selected municipalities (to be rotated among the municipalities on yearly basis) 2. A prominent academician (Social Scientist) 3. A prominent woman development professional 4. A representative of a prominent voluntary organization

This committee should meet every quarter to review the progress made in resolving grievances. This committee will also provide policy related direction to the Grievance Redress Committee and the participating departments with regard to project activities.

Table 31: Grievance Redressal Mechanism Level Agency Time period Issues likely to Functions/ Responsibility for redress of emerge grievances Province Grievance Redress Maximum of . Delay in MUDL Field Office Head as Committee one month issuance of OCs Chairman and Communications and Title Deeds Expert as the Convener. . Encroachment . Land Loss . National Project Grievance Maximum of Livelihood Loss CEO, MUDL as Chairman and Redressal three months . Compensation Social Specialist, MUDL as Committee of losses Convener. . Land use change . Employment related

Each MUDL Field Office will maintain Grievances Registers and document/ log all the grievances and their redress. The Social Specialist at MUDL will consolidate this information at project level and forward quarterly reports to The World Bank.

6.5.4 Documentation of the GRM Processes

The GRCs at each level will maintain the following three Grievance Registers that would, among others, help with monitoring and evaluation of the functioning of GRCs but also to document the processes of GRCs. The Grievance Register will have the following details:

. Serial Number . Case Number . Name of Complainant . Gender . Name of Parent/Spouse

72 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 . Full Address of the Complainant . Main complaint/grievance . List of documents attached . History of Previous complaint/grievance, if any . Date of receipt of complaint/grievance . Date of acknowledgement of complaint/grievance . Date of field investigation, if any . Date of hearing . Decision of GRC at that level . Progress – redressed, pending or rejected . Key agreements/commitments . Decision/Response of the complainant/grieved person . Date, Mode and Medium of communication to complainant/grieved person . Date of closing of complaint/grievance . Whether appealing to next level – yes or no . Whether or not seeking legal redress.

The grievance redress process will be a continuous, transparent and participatory process that would be an integral part of the project’s accountability and governance agenda. The GRC at each level will maintain the above mentioned Registers. The MUDL will also prepare quarterly reports on the grievance redress on the basis of reports received from the GRCs and send summaries to the World Bank.

6.5.5 Other Options

Apart from the above, MUDL will commission a web-enabled grievance system through its website. It will provide for a Grievance Redress button on the home page of its website, where the aggrieved can file complaints. This button will be prominent and flashing without being tucked away in the labyrinth drop down menus. MUDL will receive anonymous complaints and will take up investigation, when warranted, upon preliminary enquiry. MUDL and its field offices will keep the identification details of the complainants as confidential, when requested by the complainants.

6.5.6 Legal Options to PAFs

The aggrieved will have two kinds of options for addressing their grievance s relating to ALASP operations. One is the grievance redress mechanism incorporated in this framework, as above. The other is the general legal environment consisting of courts of law to address their grievance. These options will be disclosed to the aggrieved during the public consultation process.

6.6 Institutional and Implementation Arrangements

6.6.1 Overall Institutional Arrangements

The Project will be implemented by MUDL, Afghanistan’s prime independent land administration and management authority providing land-related services and

73 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 information to citizens, institutions and investors. In line with IDPL implementation arrangements, the CEO of MUDL would provide general implementation and coordination oversight, while Project management would be delegated to one of the Deputies. Specifically, MUDL will implement the Project through a Project Implementation Unit (PIU) under the direct guidance and supervision of MUDL management. The PIU will be responsible for administrative and fiduciary functions, and for ensuring social and environmental compliance, as well as coordination and oversight of activities across the components, monitoring and providing all required progress reports on a regular and timely manner to ensure effective implementation.

The PIU will be led by a Project Coordinator, and its core team will include a Senior Technical Advisor, an Information and Communication Officer, a Monitoring and Reporting Officer, a Social and Environmental Officer, and Finance and Procurement officers. The Project coordinator will supervise the PIU team, keep MUDL management informed, and will coordinate implementation while ensuring that all aspects of implementation adhere to financial, procurement and other fiduciary aspects. The Project Operations Manual includes the PIU’s organizational structure and describes the duties and responsibilities of PIU personnel along with the Project’s technical, administrative, financial, procurement, safeguards, and M&E procedures.

The Project will be overseen and coordinated by the following committees:

The Project Steering Committee, which will include the three CEO Deputies and heads of departments. The Chairman (MUDL CEO) may also decide on inviting members from other relevant institutions for some or all the steering committee meetings.

The High Council for Land Water and Environment, which also functions as the Steering Committee for the IDPL, will provide overall guidance, providing an enabling environment and addressing higher level conflicts and implementation impediments.

The PIU under the guidance of the CEO-MUDL and one of the deputies will report to the Steering Committee on a regular basis and will bring up any major issues affecting project implementation. The Steering Committee will also ensure coordination and liaison among national institutions.

In the Project area, MUDL through the PIU and provincial offices, will work in collaboration with local governments to ensure adequate Implementation of field activities, including specific processes of the systematic land survey and registration, and the potential access to relevant project outputs.

6.6.2 Social Safeguards Implementation Arrangements

The following implementation arrangements are proposed to be in place for social aspects implementation and monitoring. It is proposed that the

74 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 Table 32: Implementation Arrangements Level Social Implementation and Responsibility Monitoring Arrangements National Social Specialist – 1 Overall responsibility for the entire project on social safeguards and social development issues. Provincial Communications Expert (1 per Community Engagement, MUDL Field Office) Participation, Grievances, Communications, Gender, etc.

6.7 Monitoring

The SMF requires detailed supervision, monitoring and evaluation of the impact of the project on social aspects. In order to carry out this, ALASP will have specific arrangements made at provincial and national level. This includes appointment of a Social Specialist (at MUDL) for the project period at national level and Communication Experts at Provision level (MUDL Field Offices). Further the MUDL will guide its field offices on the implementation of this SMF. Implementation of the provisions of SMF will be new to these staff and hence several orientations and trainings are proposed as a part of this SMF to build their capacity.

The Social Specialist MUDL will be in charge of implementing the SMF. The Social Specialist will guide and oversee its implementation and will be supported at field level by Communication Experts. Further MUDL will incorporate the provisions of this SMF as actionable points in the Project Operations Manual or other similar document prepared for the project. The Social Specialist will oversee the application of these provisions and guide the process, while at the same time building the capacity of the field units.

The following provisions include the arrangements made for the effective implementation of the SMF:

6.7.1 SMF supervision

All the provinces where ALASP is being implemented will be visited at regular intervals by Social Specialist to check if all social safeguard requirements are met and to identify any issues that need to be addressed. MUDL would submit quarterly progress reports to The World Bank on social safeguards implementation.

6.7.2 Social Indicators

Once every year, the MUDL will prepare a report of the social safeguards status in the project districts including data and analysis of relevant parameters as given below:

 Social Indicators o Area of land surveyed by category o Number of properties surveyed (Disaggregated by gender)

75 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 o Number of OCs issued (Disaggregated by gender) o Number of Title Deeds Issued (Disaggregated by gender) o Number of grievances registered and resolved (Disaggregated by gender) o Number of court cases (Disaggregated by gender) o Number of Staff Employed (Disaggregated by gender) o Number of trainings held o Number of women trained o Land or Livelihoods Restored, if any o Housing status o Ownership of household assets o Gender disaggregated records of land ownership available under MUDL’s LIS (Y/N) – to be met at the end of the project or at least after the LIS is functional

This report also should give a listing of relevant new legislation and regulations that have a bearing on the social performance of the project and will be submitted to The World Bank. The SMF will be suitably revised as and when required by the MUDL with the concurrence of the World Bank.

6.7.3 Half-Yearly Independent External Third Party MEAL (IETP MEAL)

The concurrent internal social monitoring will be done as part of the regular monitoring by the MUDL and its field offices. However, Independent External Third Party Monitoring Evaluation Audit and Learning (MEAL) consultants appointed by MUDL, will do the half-yearly social monitoring and audit of sub-projects, on a sample basis, for social safeguards compliance.

6.7.4 Monitoring Plan

Given in the table below are indicators for project interventions, for which monitoring need to be taken up by MUDL and the field offices in a regular manner. Table 33: Monitoring Indicators Monitoring Indicators Frequency Agency  Area of land surveyed by category  Concurrent  MUDL guiding the collection  Number of properties surveyed Monitoring by of information on indicators (Disaggregated by gender) MUDL and its  Field offices collecting  Number of OCs issued (Disaggregated by field offices information at field level gender)  Half yearly  IETP MEAL consultants site  Number of Title Deeds Issued IETP MEAL visits and documents/ data (Disaggregated by gender)  Annually review  Number of grievances registered and Reports by resolved (Disaggregated by gender) MUDL  Number of court cases (Disaggregated by gender)  Number of Staff Employed (Disaggregated by gender)  Number of trainings held  Number of women trained  Land or Livelihoods Restored, if any

76 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019  Housing status  Registration of properties Sale/Purchase  Ownership of household assets Other  No. of training programs conducted  No. of personnel trained  Achievement of learning objectives  Extent of application of methods, tools and techniques learnt during training

6.8 Capacity Building Strategy

MUDL will give its ALASP staff and the participating communities some exposure to the environmental and social safeguards issues. But the interactions with them reveal that, this mere exposure is not enough for preparing and implementing social management plans. They need to have awareness, sensitivity, skills and hands-on experience regarding the social aspects of project planning and implementation. For seamless adaption of the social principles and safeguards by project staff, awareness creation and capacity building becomes necessary. This capacity building and IEC strategy has been outlined as part of the SMF developed for the project aims at building social awareness and social management capacity in the project administration structure as well as in the intended target communities. Capacity building for environmental and social management will be integrated with overall capacity building component of the project.

6.8.1 Objectives

The objectives of the capacity building initiatives are:  To build and strengthen the capability of MUDL, participating agencies, to integrate sound environmental and social management into sub-project implementation.  To orient the MUDL and ALASP staff, participating agencies and communities to the requirements of the project’s and SMF.

6.8.2 Approach

Systematic capacity building initiatives need to be introduced only after completion of training needs assessment. All the trained staff and master trainers developed for different training components will in turn conduct onsite or offsite trainings (at provincial level) depending on training requirement. However, since capacity building goes beyond mere imparting training, institutionalization of best practices becomes a prerequisite for improved project social management. The training outcomes like trainees’ understanding of the training content, achievement of learning objectives, application of methods, tools and techniques learnt during training, etc. will need to be monitored. This will be done through periodic tracking of learning outcomes.

6.8.3 Training Providers

77 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 In view of the specialized training and capacity building envisaged under the SMF of the project, it is necessary to identify training resources that will work closely with MUDL for conceptualizing, designing and conducting training programs on the SMF. MUDL will identify national and international experts to conduct these training.

6.8.4 Details of Training Programs

6.8.5 T1. Orientation/ Learning Training Programs

Purpose of the training: . To orient the project staff at the project launch towards the social issues of the project . To orient the project staff about the SMF and its importance, provision and implications. There after annual orientation cum experience sharing and learning training programs will be conducted. . To re-orient the project staff on the SMF and to share their experiences in implementing the SMF . To draw lessons learnt during the implementing the SMF and to incorporate them into the SMF revision.

Participants: All Key officials of the project, participating agencies such as municipalities, NGOs and members of community institutions. MUDL will be responsible for selection of suitable candidates for the training, and the expense will be borne from the overall project capacity building budget and will be completed in the first year of the project.

6.8.6 T2. Training on the SMF and Management Plans

Purpose of the training: . To equip with knowledge and skills necessary for undertaking social appraisal as per the requirements of the SMF and preparation of mitigation plans . To prepare for undertaking periodic supervision of implementation of environmental and social mitigation plans and performance of sub-projects . To apply community led system for Environmental and Social Monitoring

Participants: Key officials of the project, participating agencies (municipalities), NGOs and members of community institutions. MUDL will be responsible for selection of suitable candidates for the training, and the expense will be borne by the overall project capacity building budget and will be conducting as and when required in the first 3 years of the project.

6.8.7 T3. Training on Environmental and Social Management

Purpose of the training:  To equip with knowledge and skills necessary for meaningful participation in the social appraisal as per the requirements of the SMF  To prepare for planning and monitoring implementation of environmental and social mitigation measures identified through the appraisal process

78 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019  To equip with skills necessary for Community Based Social Monitoring

Participants: Key MUDL Staff, Key Participating Agencies Staff, etc. MUDL will be responsible for selection of suitable candidates for the training, and the expense will be borne by the overall project capacity building budget and will be conducting as and when required in the first 3 years of the project.

The MUDL field offices will be responsible for selection of suitable candidates for the training, and the expense will be borne by the overall project capacity building budget.

Table 34: List of Training Programs S. No. Topics Number of Trainings 1 T1 – Orientation and Learning Training 5 1 T2 -Social Management Framework 5 2 T3 - Social Management 5 Total 15

About 20 to 30 trainees would participate in each of the training programs. It is intended that these trained persons will in turn provide onsite training to Participating Agencies ’ Staff, NGOs, resource persons, etc. onsite at provincial level.

6.8.8 Training Budget

The total estimated cost of training on environmental and social management for staff of MUDL, Participating Agencies’ Staff, NGOs, etc. under the proposed ALASP is presented in the table below:

Table 35: Training Budget S. No. Training No. of Estimated Unit Cost in Total Cost In Programs Afn. Afn. 1 T1 5 500,000 2,500,000 2 T2 5 1,000,000 5,000,000 3 T3 5 1,500,000 7,500,000 4 Workshops (National) 5 1,000,000 5,000,000 5 Workshops (Provincial) 5 500,000 2,500,000 6 Provision for other 2,500,000 Training, Expenses, etc. 7 Total 25,000,000

6.9 Budget

The total administrative budget for environmental and social management activities under the proposed ALASP has been worked out as Afn. 60 Million. The cost of implementing the proposed mitigation measures is not included in this costing. The cost social impacts need to be included in the respective sub-projects’ budgets. The detailed breakup of the administrative budget is presented in the table below.

79 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Table 36: Total administrative budget social management activities S No. Activity Amount in Afn. 1 Social Development Specialist at MUDL for 5 Years @ Afn. 150,000 per 0.00 month for 5 years - Cost borne by overall project budget. 2 Communication Experts at provincial level @ Afn. 100,000 per month 0.00 for 5 years - Cost borne by overall project budget. 3 Training and workshops (as estimated) 25,000,000 4 External Independent Half-Yearly Social Audit from 2nd year for 3 years 25,000,000 5 Preparation of specific social related community awareness materials @ 7,500,000 500,000 per province for 5 provinces and 5,000,000 at national level 7 Sub Total 57,500,000 8 Contingencies @ 10% 2,500,000 Total 60,000,000 Afn. 60 Million

6.10 Means of Disclosure

This Final SMF, are disclosed on the project website along with the local language translation of the executive summaries. The documents along with the executive summaries in local languages, will be kept at the MUDL Office and MUDL Field Offices. These will be made available at the participating Municipal Offices for interested persons to read and copy. Apart from this MUDL will place these documents on its website inviting feedback from the interested persons. MUDL will have no objection to place these documents on The World Bank’s website as well.

80 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 7. Annexures

7.1 Annexure 1: Public Consultation and Disclosure Workshop

Subject: Meeting Minutes Agenda: Consultation and disclosure of Environmental Management Framework (EMF) and Social Management Framework (SMF) for Afghanistan Land Administration System Project (ALASP) Venue: MUDL Main Conference Hall Date: 03rd December, 2018 Participants: No. Name Organization Designation Phone Number 1 Gul Rahman Totakhail MUDL Deputy CEO 0799237432 2 Sultan.M.Sultani MUDL- PPG Project Director 0797659797 3 Zahir Sultani MUDL Director- Cadastre 0705168815 Jamshed Ahmadzai MUDL-PPG Environmental and 0786119333 Social Safeguards 4 Specialist Muhammad Reza Ministry of Urban 0772418854 Development and 5 Housing 6 Mohammad Ali Ministry of Finance 0779904175 Eng. Malalai Barekzai Ministry of Energy Director- Energy 0744181213 7 and Water Policy 0799827738 8 Zuahl Talash CoAR Program Officer 0797152084 9 Gul Agha Hemat MUDL Civil Engineer 0787006758 10 Khalid Noori MUDL Procurement Officer 0700247532 11 Rahimullah Sayeq MUDL Snr. Civil Engineer 0771815454 Shapoor Jabarkhail MUDL Snr. Procurement 0789441242 12 Specialist 13 Abdul Samad Abid NEPA ESIA- Engineer 0783123254 14 Nasir Ayoubi MUDL 0790602222 15 M. Ibrahim MUDL Sr. S/W Tech 07848805018 16 Said Shah Hamid MUDL- PPG Sr. IT Specialist 0788181816 17 Afifa Sadaat MUDL- PPG Gender Specialist 0790611559 Alif Khan Ministry of Public 0798254100 18 Works (MoPW) 19 M. Rafi PEASO CEO 0777347777 20 Sayed Yahya MUDL M&E Officer 0707070600 21 Awista Saba MUDL HR Officer 0703059280 22 Sadaf MUDL Executive Officer 0731035112 23 Shogofa MUDL HR Officer 0786707004 24 Tamanna Wira MUDL Database Officer 0706178542 Atefa Noory Ministry of Women Program Officer 0700800345 25 Affairs Hafeez.M Ministry of Extension Officer 0776912054 26 Agriculture,

81 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 Irrigation and Livestock 27 Sima Bayat MUDL Gender Specialist 0794050219 28 Abdul Ghaffar Mateen MUDL- PPG P. Officer 0749407238 29 Waheedullah MUDL- PPG Admin Officer 0700244066 30 Nadia Toofan MUDL- PPG HR Specialist 0788951655

Minutes:

The meeting was called to order at 9:30 AM, as it started with 30 minutes delay in order to receive more participants. The participants self-introduced themselves at the start of the meeting. In his opening remarks Mr. Sultani welcomed the participants and explained the overall objectives of the meeting. He explained the meeting agenda and the project related information. He added that the main objectives of the meeting are to disclose EMF, SMF and RPF prepared for the ALASP project and to consult the concerned stakeholders. He explained the project development objectives of the ALASP project and added that the project is funded by the World Bank Group and MUDL will implement the project within the planned timeframe.

He added that this project is designed to build and promote trust in land administration through a series of measures and will support the development of the Afghanistan land administration system. He also added that the ALASP project will provide the population in the Project area with improved cadastre and property registry services. He stated that the project has three components with sub- components under each component. The objectives and implementation strategy of each component; 1) Land Policy and Institutional Strengthening, 2) Developing Technological Capacity, Information and Systems for Land Administration and 3) Project Management, Monitoring and Evaluation, was explained in details. He requested the participants to note their questions with regard to the project which will be answered at the end of the meeting. He informed that the Environmental and Social Safeguards specialist will deliver the presentation on EMF, SMF and RPF and after this the questions and suggestions of the participants will be answered and taken into consideration, respectively.

Mr. Jamshed Ahmadzai, the project Environmental and Social Safeguards Specialist informed that in compliance with the NEPA guidelines on Environmental Impact Assessment and the World Bank Safeguards regulations, the environmental and social assessments and management frameworks of developmental projects need to be disclosed and the concerned stakeholders be consulted in the planning stage of the projects before the major decisions are made. He added that the Environmental and Social Management Frameworks and Resettlement Policy Framework for ALASP project are being disclosed to the public in this consultation meeting. He informed that the executive summaries of these reports, in local language, are already shared with concerned stakeholders and also published through the MUDL website. He informed that three separate presentations on EMF, SMF and RPF will be made during the session.

He explained about the project outcome indicators, project area and the beneficiaries of ALASP. He informed that initially the project will be implemented in two priority provinces of Kabul and Herat in urban and semi urban areas and upon successful implementation, the project will be extended to other provinces throughout Afghanistan. He added that in order to achieve the project objectives and adhere to the safeguard regulations, MUDL initiated the preparation of EMF for ALASP. The EMF is prepared taking into consideration the applicable laws and policies of the GoIRA and the safeguards of the World Bank. He added that the EMF comprises of environmental management plan, grievance redressal mechanism, implementation arrangements, monitoring,

82 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 capacity building and budget allocated for EMF implementation throughout the project cycle. He explained in detail the approach and methodology adapted for preparation of EMF and added that after disclosing the report it will be finalized and would become an integral part of the project documents. Information on land categories, tenure and rights was also explained in terms of private, public and state lands.

Mr. Ahmadzai added that ALASP interventions are soft activities which will not have any significant impacts which are adverse in nature or unprecedented. The project is categorized as category “B” in compliance with the World Bank Safeguard guidelines. He explained the project’s positive and negative impacts. The project will provide land security to titleholders, pave way to title deeds and as well provide ease in obtaining the title deeds and land transfer. The other major positive impact of the project will be creation of the better ways for resolution of the land related disputes. He added that the project may have some likely adverse impacts which will be temporary and site specific. He informed that these will be mitigated through proper mitigation measures. He explained some of the likely adverse environmental impacts due to the project during the implementation stage. He explained the proposed mitigation measures through proper environmental management and monitoring.

During the presentation on SMF, Mr. Ahmadzai mentioned the overall objectives of preparation of SMF for ALASP and its importance throughout the project. He added that the same approach anb methodology that was adopted for EMF was adopted for preparation of SMF. The baseline and primary data was collected through sampling surveys. He explained the sampling strategy for data collection. A total of 23 Focus Group Discussions (FGDs) with different stakeholder groups (owners of formal/ informal properties, urban poor settlements (slums), occupational diversity, gender, faith/ social status, etc.), 21 Key Informant interviews (KII) with persons with the knowledge of Land Survey and Occupancy Certificates Process and 80 households surveys 20 in each city based on the questionnaire developed were carried out in the selected cities of Mazar-e- Sharif, Jalalabad, Herat and Kandahar. Profile of the sampled communities in terms of average family size, sex ratio, literacy rate, occupation, average income and sources, duration of ownership of land were also captured in detail. He explained the responses of the people on the satisfaction of the land surveys and their suggestions for improvement of Occupancy Certificate process were also captured.

At this point, Mr. Zahir Sultani, Director of Cadastre, has explained the key features of the OC regulations. He added that the OC process is currently underway in six different cities which will be extended to other cities in near future. He also explained the risk associated with the process which may lead to the exclusion and also explained the management of those risks.

Mr. Ahmadzai added that the proper management of those risks is explained in the project Resettlement Policy Framework (RPF), Social Management Framework (SMF) and Gender Strategy and Action Plan. Further, he explained the broad principles of the Resettlement Policy Framework (RFP). He provided information on the citizen engagement strategy and Grievance Redress Mechanism for ALASP. He added that two Grievance Redress Committees (GRC), one each at provincial and national level will be established to redress the grievances. The role and responsibilities of both the committees was explained in details.

Ms. Afifa Sadaat, the project gender specialist explained that a gender assessment was carried out for ALASP. The assessment was carried through conducting Focus Group Discussions (FGDs), direct observations and Key Informant Interviews in Kabul, Mazar-e-Sharif and Herat cities. To obtain comprehensive perspectives of communities, she added that they invited male and female participants from a variety of backgrounds and educational levels to participate in the FGDs.

83 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

Mr. Ahmadzai also presented information on project Citizen Engagement strategy. He said that, this strategy will be achieved through stakeholder’s consultation, participatory planning and monitoring. MUDL will develop an ICT citizen feedback model which will also be a support to the project grievance redress mechanism, while this process will be monitored through an independent third party monitoring throughout the project. The information on project capacity building strategy was also discussed. He added that in accordance with the project component 2, the project will enhance the capacity of MUDL and participating agencies through orientation, learning programs, training programs on SMF, RPF and SMP, gender and grievance management.

Towards the end of the session, Mr. Ahmadzai provided information that the implementation of the EMF and SMF will be properly monitored through internal monitoring of social and environmental indicators and a third party monitoring and evaluation audit. At the end of the presentation the estimated budget for implementation of SMF and EMF was also discussed and presented to the participants.

The participants were requested to seek clarifications and make suggestions on the frameworks and the information provided during the consultation meeting.

Clarifications and Suggestions Session: Questions Responses 1. Mr. Akram Salam- UN- Habitat Mr. Zahir Sultani- Director- Cadaster All of the features of this program are designed Why the people are insisting on reducing the with specific procedures, during these five length of the issuance of OCs? years span all the information pertaining to background of ownership of land will be identified. And MUDL has a social contract with the property tenures where during this time period all the issues would be resolved through legal procedures as mandated. And during the period people should cooperate with the survey teams in order to enable us to distribute the title deeds within five years. We have many problems with the land grabbing in Afghanistan and the land administration cannot alone solve these conflicts, so security organs and other agencies are working together to tackle the issues. This system is a valid system taken from the model of Turkey, because both countries are similar in terms of culture and religion, and this system is better suited. 2. Eng. Malalai Barekzai – MoEW Mr. Zahir Sultani- Director- Cadaster If the land is identified as government land, the Please explain information on joint OC of property certificate will be given to the woman husband and wife and the man in a joint form. In other areas, people are free to choose to receive the OC in whatever name they wish to, and this matter is explained in the presidential decree No. 305. But people do not want to give the woman a

84 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 document of ownership due to customary rules and this is a traditional issue in Afghanistan, which requires awareness among the people. On issue of Wasseqa (a legal document), agreement with the Supreme Court have been signed to process the legal cases.

Mr. Gul Rahman Totakhail- Deputy CEO A private company “Al Madinah” has invested around $ 16 million in this process and developed a new technology that will be implemented over the next 15 years with a fair fee, and the IDPL-ALASP program will be implemented using this technology in which the land is recorded to the new system. Segregation of land is carried out by a survey and recorded in databases. 3. M. Rafi- PEASO Mr. Zahir Sultani- Director- Cadaster MUDL through technical surveys, uploads all We have recorded the land of 14 the coordinates and land related information to provinces in our office database with a the database system of land bank reliable back up system, and we are able automatically which cannot be used to share this with MUDL inappropriately. This land system is new and very reliable. We would also receive your information if it could be of any assistance to us in future. Mr. Gul Rahman Totakhail- Deputy CEO All the legal and technical issues are solved by MUDL in coordination with supreme court and Data protection measures are taken to ensure that all information is protected.

4. Eng. Malalai Barekzai – MoEW Mr. Zahir Sultani- Director- Cadaster In the project procedure and implementation plans, the rehabilitation All plans have been made in coordination with procedures should also be considered, the municipalities and ministry of Urban since some areas are under the threat of Development and housing. The people will be environmental hazards and people should benefited from the municipality services and be made aware of the issues and MUDL further infrastructures. should take action in preventing of distribution of OCs in hazardous areas. For instance, in Khwaja bughra area of Kabul city, there are plenty of houses below the overhead power lines with high voltage as the impact of which is very dangerous to the people residing there. Also MUDL should present a clear policy on distribution of OCs in areas and houses which has contributed in ruining the landscape and beauty of the cities.

85 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019 5. Abdul Samad Abid- NEPA Jamshed Ahmadzai – Environmental and Social Safeguards Specialist MUDL should have share the SMF and ALASP project is categorized as category “B” EMF with NEPA and seek their approval in compliance with World Bank Safeguards before it is proceeds for implementation. regulations, which have minor and temporary impacts as they can be mitigated through proper mitigation measures. At the same time all the donor agencies who are funding the government project are exempted to seek the NEPA’s approval for category “B” projects. However we will share the documents which are accessible through MUDL’s website and a soft copy would be send to all the concerned stakeholders. 6. Reza Haqjo- MUDH Jamshed Ahmadzai - Environmental and Social Safeguards Specialist As you have presented challenges in your The likely impacts in terms of both presentation ahead of this project, but environmental and social are presented and you did not recommend a solution and a some of the proposed mitigation measures joint mechanism to put in place with were also explained. As they are likely impacts stakeholders and to better coordinate the and we are sure that it will be mitigated program. through proper management. Also it will make sure that the project will be implemented in close coordination and monitoring of sectoral ministries.

Mr. Sultani the project Director once again thanked the participants for attending meeting session. The meeting ended at 12:20 PM.

Photos of the meeting:

86 Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Social Management Framework – Final Report February 2019

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