Social Safeguards Compliance Monitoring Report Semi-annual ______Grant 0352-TAJ July 2017
Tajikistan: Building Climate Resilience in the Pyanj River Basin
Prepared by the State Institution Project Management Unit of Building Climate Resilience In The Pyanj River Basin Project.
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AGENCY OF LAND RECLAMATION AND IRRIGATION UNDER THE GOVERNMENT OF TAJIKISTAN
State Institution Project Management Office of “Building Climate Resilience in the Pyanj River Basin”
Semi-annual social safeguards monitoring report
"Building climate resilience in the Pyanj river basin”
Component 1 and 2 (Grant G0352-TAJ)
Semi-annual Social Monitoring Report January to June 2017
734025, Dushanbe city, 10 Bokhtar str e-mail:[email protected]
Dushanbe July 2017
ABBREVIATIONS
ADB – Asian Development Bank ALRI – Agency of Land Reclamation and Irrigation DRMC – Disaster risk management committees ADF – Association of Dehkan Farms EA – Executing Agency GOVT – Government of the Republic of Tajikistan GRC – Grievance Redress Committee GRM – Grievance Redress Mechanism Ha – Hectare IR – Involuntary Resettlement KMK – State Unitary Agency for Housing and Communal Services LARF – Land Acquisition and Resettlement Framework LAR – Land Acquisition and Resettlement LARP – Land Acquisition and Resettlement Plan M&E – Monitoring and Evaluation MF – Ministry of Finance MEWR – Ministry of Energy and Water Resources NGO – Non-governmental Organization PMO – Project Management Office WUA – Water User Association’s GWU – Group of water users
SYSTEM OF MEASURES AND WEIGHTS km - Kilometer m - Meter
Contents
A. INTRODUCTION ...... 55 1. Goal and objectives ...... 55 2. General Project Information ...... 55 3. Project Scope ...... 66 4. Physical work ...... 77 B. PROJECT SITES INVESTIGATION WORKS ...... 99 1. Climate proof flood protection works in Kulob and Vose districts...... 99 1.1. Sub-project VO-03: Flood Protection of Tugai village, jamoat M. Makhmadaliyev, Vose district...... 1010 1.2. Sub-project VO-10: Flood Protection of the village Javrez, jamoat Abdi Avazov, Vose district...... 1010 2. Climate proof irrigation works in Pyanj district...... 1111 3. Climate-proof irrigation infrastructure and flood protection works in Rushon, Darvoz and Vanj Districts...... 1111 3.1. Sub-project RU-2: Flood Protection and rehabilitation of canal Mohi May, village Barushon, jamoat Nazarsho Dodhudoev, Rushon district...... 1111 3.2. Sub-project VJ-03: Flood Protection of village Bunay 1 and 2, jamoat Jovidon, Vanj district, ...... 1212 3.3. Sub-project VJ-04: Protection against flooding of the village Vahdat jamoat Vodhud of Vanj district ...... 1212 3.4. Sub-project D-05 (1): Flood Protection and rehabilitation of the canal in Kevron 1 and 2 villages, jamoat Vishkharv, Darvaz district...... 1212 3.5. Sub-project D-05 (2): Flood Protection of village Jorf (Vishkharv), Darvaz district. 1313 3.6. Sub-project D-05 (3): Flood Protection of village Ruzvai, jamoat Kalai-khum, Darvaz district...... 1313 4. Contract 4: Climatic-proof irrigation infrastructure works in Roshtkala and Ishkoshim districts...... 1414 4.1. Sub-project on land stabilization in Tusiyon jamoat...... 1414 4.2. Construction and rehabilitation works on irrigation systems in Ishkoshim district, jamoat Zong...... 1515 C. EFFECTIVENESS OF LAND ACQUISITION AND RESETTLEMENT PLANNING ..... 1515 D. TEMPORARY DISTURBANCE OF THE COMMON RIGHTS ...... 1616 E. GRIEVANCE REDRESS MECHANISM ...... 1617 F. CONCLUSION AND RECOMMENDATIONS ...... 1818
A. INTRODUCTION
1. Goal and objectives
1. This social safeguards compliance monitoring report has been prepared following the requirements of ADB Safeguard Policy Statement (SPS 2009), principles and requirements as well as the legislation of the Republic of Tajikistan. The report is based on the review of project implementation progress of the project components managed by State Institution Project Management Unit of Building Climate Change Resilience in the Pyanj River Basin Project of the Agency on Land Reclamation and Irrigation (ALRI) of the Republic of Tajikistan (RT). In accordance with the requirements of ADB policy, Social Safeguards Due Diligence Review conducted in all sup-projects sites covering several project districts and LARP has been developed by the Implementing Agency (IA), if project negative impact on lands and properties occur in the project locations, which stipulated rendering full money compensation for the APs. However, most of the sub-project locations were outside of the residential area and LAR occurred only on one project site effecting only 2 DPs. Other project sites managed by ALRI did not have any negative impact on people.
2. The main purpose of the report is to document and ensure compliance of the project against social safeguards covenants and requirements. This compliance semi-annual social monitoring report as an important component of overall project implementation process and is based on field monitoring visit, which took place between May and July, 2017 by the PMU ALRI safeguards team to project sites. The objectives of the compliance assessment include:
• Verification of compliance of land acquisition and resettlement activities to LARP provisions of Ishkoshim sub-project flood protection canal; • Observation of ongoing construction activities and verification of none existence of project negative impact on project sites with no LAR impact; • Checking of Grievance Redress Mechanism (GRM) functionality and the established procedures; • Community perceptions on project implementation and benefits.
2. General Project Information
3. The “Building Climate Resilience in the Pyanj River Basin”, Republic of Tajikistan” project under a Grant from the Asian Development Bank number G0352-TAJ is being executed (in part) by the Agency of Land Reclamation and Irrigation (ALRI) through the State Institution Project Management Office of “Building Climate Resilience in the Pyanj River Basin Project”.
4. The Project implementation consultant is (EPTISA de injeneria Spain, in association with Silk Road/Tajikistan) provide technical assistance to ALRI for the implementation of the project, in accordance with the consultancy contract signed with ALRI on 7 April 2015, with services beginning from 24 April 2015.
5. The total project implementation period is from 2014 to 2019. The project is included in the Tajikistan Strategic Program for Climate Resilience (SPCR), which was approved for funding under
the Strategic Climate Fund (SCF) in November 2010. The project is consistent with the Tajikistan Country Partnership Strategy 2010-2014 and is included in the Country Operation Business Plan 2013–2014 for Tajikistan. This project is also in line with ADB's long-term strategic framework, Strategy 2020, which includes support to increase climate resilience of developing countries and promote the development of the private sector.
3. Project Scope 6. The project’s main objective is to increase climate resilience of communities in the Pyanj River basin through 4 components: Component 1: more resilient flood protection systems comprising rehabilitation of small scale flood management infrastructure, and capacity building of disaster risk management committees;
Component 2: more resilient irrigation systems comprising rehabilitation of small scale irrigation infrastructure, and capacity building of water user associations;
Component 3: more resilient drinking water supply systems comprising rehabilitation of drinking water supply infrastructure in highly vulnerable communities, and capacity development of water consumer groups;
Component 4: a microfinance component to provide financial services to vulnerable groups, especially women, and promote climate resilience measures.
7. The project includes physical and nonphysical measures. The scope of the rehabilitation and upgrading engineering work will include detailed engineering design, earthworks, reinforced concrete structures, drainage, river bank protection, replacement of pumping and electrical control equipment, construction of small reservoirs and related facilities. Sustainability of the improved infrastructure will be ensured through climate-resilient design, operation & maintenance, and community participation. The infrastructure will be climate- proofed by incorporating information on current climate variability and future change (increase in temperature, droughts, floods and other climate hazards projected in the next 20-30 years) in the engineering design, operation and maintenance.
8. The main scope of non-physical measures is capacity building of water users associations (WUA), disaster risk management committees (DRMC) including guidance for infrastructure operation and maintenance, training on the climate change adaptation for the local community groups. Training for the local communities to be provided through the Project Management Office (PMO) and Climate Change Information Centers established under the PPCR .
9. The above Components 1, 2, 3 and 4 are implemented by different government bodies.
• Components 1 and 2 are implemented by the State Institution Project Management Office of “Building Climate resilience in the Pyanj river basin” under the Agency of Land Reclamation and Irrigation (ALRI): • Component 3 is implemented by the Project Implementation Group under KMK (Khojagii Manzili Kommunaly) State housing and communal services; • Component 4 is implemented by PMU under the Ministry of Finance of the Republic of Tajikistan.
4. Physical work
10. For a number of components are provided the physical works. Output 1 is flood protection infrastructure rehabilitated and climate-proofed in ten jamoats . The project will:
• upgrade and climate-proof flood and mud-flow protection infrastructure in ten locations including river bank reinforcement, embankment reconstruction, restoration of stream beds, terracing and planting of trees, and soil stabilization; • establish operation & maintenance (O&M) practices, develop O&M guidelines and train local units of the responsible agencies; • develop early warning communication systems through the use of modern technologies including mobile phones • establish DRMCs in target communities; and • conduct training and disseminate information on the impact of climate change and adaptation measures for local government officials and local institutions
11. Output 2 is irrigation systems climate-proofed in eight jamoats . The project will:
• rehabilitate and climate-proof irrigation canals and network assets, including reconstruction and desilting of drainage and delivery channels and rehabilitation of pumping stations; • pilot a drip irrigation scheme; • strengthen WUAs; and • provide advice and disseminate information on water resources management and climate-resilient agricultural practices to farmers, local government officials, women’s groups, and other stakeholders
12. On 27 April 2015, the consultant of the project CC "EPTISA" signed a contract with a non- governmental organization (NGO), "Loihai Ob", to prepare and provide detailed design of the sites necessary for conducting tender for all sub-projects within Components 1 and 2, as detailed in Table below.
List of approved sub-projects for detailed design
№ Description of sub-project for survey and full design 1 Construction and restoration work of the bank protection structures on the rivers Yah-Su and Kyzyl-Su and single span bridge in Vose District; rehabilitation of Dahana stream bed with cleaning and partly rehabilitation of embankment in Kulob District: Rehabilitation of existing and construction of new infrastructure against floods and erosion and a single span bridge. 2 Construction and rehabilitation works of irrigation systems in the areas of Pyanj (including new pilot drip irrigation system in Pyanj, jamoat Namuna and Kommunizm): Rehabilitation of existing and construction of new infrastructure against floods and erosion including new drip irrigation system. 3 Bank protection works in Darvoz, Vanj and Rushan 4 Irrigation systems construction and reconstruction works in Ishkashim and Roshtkala: Rehabilitation of existing and construction of new infrastructure against floods and erosion
13. The table below provides an overview of the sub-projects locations.
Project Location for each jamoat Project Project Village Jamoat DIstrict Code type* VO03 1 Tugay Mahmadaliev Vose VO10 1 Javrez Avazova Vose VO13 1 Sari Angur Rudaki Vose K04 1 Jerkala, Khodjaisog Ziraki Kulob Oltovul, Chinor, K09 1 Dahana Kulob Yoksuchiyon P4/8(1) 2 Nuri Vahdat, Namuna, 14 villages in 4 jamoats Pyanj P4/8(2) 2 Mekhvar, K.Saifiddinov P100 3 Kommunist Namuna Pyanj D05(1) 1 Kevron Vishkharv Darvoz D05(2) 1 Jorff Vishkharv Darvoz D05(3) 1 Ruzvai Kalaikhumb Darvoz VJ03 1 Bunai1, Bunai2 Jovid Vanj VJ04 1 Vakhdat Vodkhud Vanj RU02 2 Barushan Dodkhudoev Rushan IS03 1 Trich Vrang Iskashim IS01 2 Rotm Zong Iskashim RO01 1 Lakhshik Tusyon Roshtkala RO02 2 Lakhshik, Shosh Tusyon Roshtkala * 1- flood/mudflow protection; 2- rehabilitation of irrigation system; 3 – pilot drip irrigation
14. The detailed engineering design of the majority sub-projects showed that they do not imply land acquisition and/or resettlement impact. The Social Safeguard Due Diligence Report (SSDDR) were prepared for relevant sub-projects and disclosed on ADB website before commencement of the civil work, confirming that they imply no LAR impact. River banking and flood protection projects in Kulyab, Vose, Vanj and Darvoz undergone small design change and extended construction works where accordingly social safeguards DDRs were updated in January 2017 that acknowledge no impact of the projects according to the new designs and additional construction works. All necessary monitoring activities were carried out by the safeguards team of the PMU ALRI and approved DDRs were submitted to ADB for disclosure.
15. Under the Component 2 of the Project a mudflow canal in Trich locality, Vrang village of Ishakshim district was cleaned and rehabilitated. The detailed design suggests cleaning of the 284 meters long Trich mudflow canal, which goes through the village of Vrang/Trich locality. As this canal goes through the village, 2 households have been affected by the project. Accordingly LARP
was developed following detailed design drawings and on spot assessment, the total impact on residential land plots makes 179.32 m 2 for both HHs including 30 trees, from which 27 timber trees and 3 apricots, belongs to one of AHs. In total, 7 structures that serve as a utility was affected which include 2 barns, 4 wall structures, and a toilet belonging to the AHs. LARP was implemented and compliance monitoring report was submitted in December 2016 based on which ALRI was granted with NoL for commence of civil works.
B. PROJECT SITES INVESTIGATION WORKS
16. By Project Manager, Consultants PMO experts, engineers and local authorities were conducted visits to the project sites. The checks included a visit to the location of the proposed sub-projects.
17. Field visits were aimed at site inspection, verification of any potential land acquisition and impact in the form of resettlement as a result of the construction works, including permanent and temporary impacts, impacts on residential, agricultural areas, livelihoods and or any economic activity/assets (including crops, trees, etc.) in the area. This section presents the results of observations of each visited sub-project.
1. Climate proof flood protection works in Kulob and Vose districts. 18. In connection with the completion of the main construction works, by the order of the PMO Director No. 37-I of June 15, 2017, it was established the Commission for preliminary acceptance of the completed sites: 1). "Flood protection of the villages Sari Angur and Gofilobodi bolo, Jamoat (Michurin) Rudaki, Vose district”: 2). “Flood Protection of the villages Jerkala and Khojaisok, jamoat Ziraki, Kulob district: 3). “Flood Protection of the villages Oltovul, Chanor and Yoksuchiyon, jamoat Dahana, Kulob district: 4). “Flood Protection of the village Tugai, jamoat M. Mahmadaliyev, Vose district. According to the Project Administration Manual (PAM), it was envisaged to perform bank protection works, at this sites, with a length of 4600 meters. After completion of the construction and rehabilitation works at the site in fact were implemented bank protection works in 4756 meters with 2 spurs and 2 water intakes. Including: in the Kulob area bank protection works are 2845 meters length with spur, and a water inlet in the Vose district bank protection works are 1911 meters length with spur, and a water inlet. As a result of works 15679 residents of jamoat including 10382 women 3670 ha lands, 2,000 meters of irrigation canals, 13600 meters of the road, 6 bridges, 1,200 meters of power lines 8 medical centers, 7 schools, 15 stores, 2 library, 15 outlets and other important infrastructure of villages Sari Angur and Gofilobod, Jamoat (Michurin) Rudaki, Vose district, villages Jerkala and Khojaisok, Ziraki Jamoat, Kulob district, villages Oltovul, Chanor and Yoksuchiyon, Jamoat Dahana, Kulob district and village Tugai, Jamoat M.Mahmadaliev, Vose district will be protected from floods.
19. During construction and rehabilitation works in this area, there was no negative environmental impact on the soils of the project areas (land) or negative impact on the livelihoods of the population living in villages Sari Angur and Gofilobod, jamoat (Michurin) Rudaki, Vose district, villages Jerkala and Khojaisok, jamoat Ziraki, Kulob district, villages Oltowul, Chanor and Yohsuchiyon, jamoat Dahana, Kulob district and in the village of Tugai, jamoat M. Makhmadaliyev, Vose district. Project did not have effected communities lands, assets and sources of livelihoods as all works was done in the designated territories of canals, rivers, etc.
1.1. Sub-project VO-03: Flood Protection of Tugai village, jamoat M. Makhmadaliyev, Vose district.
20. The existing flood protection embankment on the right side of the Kisilsu river adjacent to the village of Tugai is seriously damaged, and the village and its surrounding areas are at a significant risk of flooding during the flood period.
21. According to the project aim, support on adaptation to climate change through the construction and rehabilitation of small-scale river embankments, the work was carried out to repair the damaged sections of the river banking protecting village of Tugai. The construction of the embankment is carried out on a length of about 3498 meters, in addition, three spurs will be constructed to reduce the flow velocity.
22. The project envisaged rehabilitation of the 12 meter bridge, which is located on the right bank of the Kizilsu river. Currently, after the rehabilitation works, the bridge is functioning. Upon completion of the works, 526 people of the village and their property, 730 hectares of irrigated land, 11000 meters of the road, 2 bridges, one school, one medical center, 2 shops, one library and other important infrastructure of the village of Tugai, jamomat Mahmadaliyev, Vose district is protected from floods.
23. With the exception of temporary inconveniences (noise, dust) during the construction period, there are no issues regarding land acquisition and resettlement.
1.2. Sub-project VO-10: Flood Protection of the village Javrez, jamoat Abdi Avazov, Vose district.
24. The right bank of the Yakhsu River, adjacent to the lands of the village of Javrez, Jamoat Abdi Avazov, suffered from erosion, which caused large losses in agricultural areas in recent years. In recent years (since 2007), about 1.7 hectares of land in this village have suffered from erosion. The river regularly floods, causing damage to agricultural lands, crops and property.
25. In accordance with the project aim to adaptation to climate change through the construction and rehabilitation of small-scale embankments, work is being carried out to strengthen the right bank of the Yakhsu River in a bend adjacent to the village of Javrez. The bank protection works will be carried out on a 945-meter length. Proposed measures include; • Protection of the right bank of the Yakhsu river, embankment with length of about 945 meters; • The outer side of the embankment will be faced with precast reinforced concrete slabs; • Construction of transverse dams to reduce speed, contribute to the sedimentation process and to guide the river along a more southerly flow; • Deepening the channel of the river in about 745 meters to speed up bank protection work and divert the river from its current rate;
26. Upon completion of the work, 3,133 residents of the village and their property, 110 hectares of irrigated land, 2,000 meters of road, 2 bridges, 2 schools, 2 medical centers, 4 shops, one library and other important infrastructure of the village of Javrez, Jamoat Abdi Avazov of Vose district will be protected from floods.
27. With the exception of temporary inconveniences (noise, dust) during the construction period, there are no issues regarding land acquisition and resettlement.
2. Climate proof irrigation works in Pyanj district.
28. All construction works in Pyanj district are completed. Commission for the preliminary acceptance of completed construction and reconstruction works on 29 June 2016 accepted the completed project site of "P4-8 section 1 and 2, rehabilitation of pumping station" Boitudasht 0", taking into account the capital repair of the pump workshop, replacement of 4 units, construction of a protective wall, and water intake structure In the jamoat of Nuri Vahdat, cleaning of the Kelanchi canal with the length of 5400 meters, cleaning of the collector-drainage network with the length of 11,123 meters in the jamoats Mehvar, Namuna, Nuri Vahdat and Kabut Sayfidinov". These works were started on February 22, 2016 by the contractor PK "Behbudi" under the contract BCR/ICB/CW/2015/2. Works were completed ahead of schedule in 4 months, instead of 12 contract months.
29. During construction works, in this area, there was no impact on the land or livelihoods of the people living in the jamoats Mehvar, Namuna, Nuri Vahdat and Kabut Sayfidinov as was envisaged in the social safeguards due diligence assessment and reporting.
3. Climate-proof irrigation infrastructure and flood protection works in Rushon, Darvoz and Vanj Districts.
3.1. Sub-project RU-2: Flood Protection and rehabilitation of canal Mohi May, village Barushon, jamoat Nazarsho Dodhudoev, Rushon district.
30. The embankment for regulating flood waters is located in the village of Barushon, jamoat N. Dodhudoev on the right bank of the Pyanj river. It was commissioned in 1986, its length is 0.65 km, it is made by local materials - mixture of stone and soil. The embankment begins from the village of Barushon and ends at the down of this village.
31. Agricultural areas of Barushon, the largest village of the Dodhudoev jamoat, are in the floodplain of the Pyanj river and are subject to floods. The embankment protects 82 hectares of agricultural land, including newly created orchards, poultry farms and fisheries. The destruction of the embankments is due to frequent floods and erosion of the bank.
32. It is envisaged to construct embankment at a distance of 650 meters. Construction works will include labor and mechanical works for excavating of soil on the affected sections of the embankment and maintenance of road. Based on long-term practice of maintenance of embankments in the region, construction materials mainly include local materials. To rehabilitate the Mohi May canal in length of 3.8 km using polyethylene pipes with a diameter of 160mm and 180mm.
33. Physical works for the canal rehabilitation will include manual labor, due to the physical characteristics of the terrain, its topography and the conditions of the sub-project area. The construction materials used for the embankment will be transported from the Barushon area after
cleaning the latter, so a quarry for a sub-project is not required. Materials will be delivered to the embankment through the existing road of Dushanbe-Khorog. To access to the embankment, will be used existing dirt road down to the embankment. Thus, the sub-project has no impact on land or livelihoods.
3.2. Sub-project VJ-03: Flood Protection of village Bunay 1 and 2, jamoat Jovidon, Vanj district,
34. Large floods brought a huge amount of sediments from the upper reaches to the water intake of Bunay river. This caused in increasing of water level, in reducing the height of the embankment and the level of protection of existing embankments. The condition of existing embankments is also worsened and requires protection of the outer face and bottom of the embankment from erosion.
35. In connection with the floods, the dam is completely destroyed, villages and agricultural lands are threatened to flood. The dam begins in the upper part of the Bunay-1 village and ends at the Bunay-2 village of the Jovidon jamoat, Vanj district. The Bunai riverbed is supposed to be cleaned, as well as a dam for the regulation of flood waters, 1147 meters with length. Rehabilitation of existing flood protection and flood-proof structures is the construction of rock embankments along the entire length of the existing structure. Construction materials includes local materials (cobblestones, stones and sand) coming from the riverbed of the Bunai river and therefore do not require identification of the source of material (quarry, transportation route, etc.).
36. The sub-project will not impact land, crops and livelihoods, as according to the working design that construction work will be carried out within existing dam boundaries to manage flood waters. Project does not have negative effect on communities livelihoods, lands and assets.
3.3. Sub-project VJ-04: Protection against flooding of the village Vahdat jamoat Vodhud of Vanj district
37. The village of Vakhdat is located 7 km from the center of the jamoat and 14 km from the center of Vanj district. The village is in a zone prone to floods, landslides and mudflows, and flood protection dam in Vanjob River was destroyed at a distance of 1,200 meters. The irrigation water supply, 230 meters in length, was also destroyed in the same area.
38. The construction work under the sub-project provides for the rehabilitation of the flood protection embankment, using rocks with a diameter of 0.80-1.0 m, and the filling of voids with the rock mass of the slope of the embankment is 1: 2, the slope downstream - 1: 1.5, and the dam itself is 6-7 m wide and 1.147 m length. It also provides for the replacement of a broken pipe for irrigation water with a diameter of 250 mm and 230 meters in length. No negative impact is envisaged by the project on households’ lands and properties.
3.4. Sub-project D-05 (1): Flood Protection and rehabilitation of the canal in Kevron 1 and 2 villages, jamoat Vishkharv, Darvaz district.
39. The Kevron 1 and 2 canals are the main waterways along with other irrigation inter-farm canals. The canals are existing structures and constructed in 1985, made of soil and stones. Construction works include the construction and installation of gates and spillways at the water
intake and flood protection facilities with a length of 61 meters. It is also planned to install 2 locks in the upper reaches of the canals Kevron 1 and Kevron 2. Both irrigation canals Kevron 1 and Kevron 2 will be laid on both sides with polyethylene tubes 225 mm in diameter with a total length of 461 m.
40. Physical work will involve manual labor, due to the physical characteristics of the terrain, its topography and the conditions of the sub-project area. Construction materials will be transported along the existing access road inside the Kevron village to the end. The construction materials will be additionally located in the storage area, which is accessible in the immediate vicinity of the canal and is the territory of the state land reserve. Thus, the sub-project has no impact on land or livelihoods.
3.5. Sub-project D-05 (2): Flood Protection of village Jorf (Vishkharv), Darvaz district.
41. Vishkharv is prone to natural disasters, mostly intensive flooding. The secondary school in the village of Vishkharv, as well as residential buildings along the riverbed, are also at risk of flooding.
42. The sub-project is aimed at protecting from flood the village, including houses, schools, agricultural lands and roads. The sub-project is to construct 172 meters of flood protection dam with large-sized stones, construction of a retaining wall with a length of 56 meters. The dam will be constructed along the Vishkharv River, by cleaning the stream bed and placing excavated material along the bank to raise the dam.
43. All works will be carried out within the riverbed and the bank of the river, and therefore they do not affect any land that is privately owned or sustained, either permanently or temporarily.
3.6. Sub-project D-05 (3): Flood Protection of village Ruzvai, jamoat Kalai-khum, Darvaz district.
44. The high flow velocity in the Pyanj River is eroding the right bank of the river, causing further destruction of the Dushanbe-Khorog road connecting GBAO. There is also a risk of flooding irrigation crops and residential areas.
45. Previous special measures at the site of the sub-project included the installation of gabions using wire mesh. This turned out to be inefficient due to the high water velocity in the Pyanj River, sediments and rubble/rock fragments.
46. In the sub-project will be used manual labor for civil works for construction of embankment with 154 meters in length, on the right bank of the Pyanj River. Construction materials include stone and sand excuvated from the river itself, so there is no need for a quarry for a sub-project. The sub-project will not envisage any impact on land, agricultural crops or livelihoods, as well as dams and access roads, roads or other related facilities.
4. Contract 4: Climatic-proof irrigation infrastructure works in Roshtkala and Ishkoshim districts.
47. According to the contract 4: works-on a climate-proof infrastructure for irrigation and flood protection in Roshtkala and Ishkoshim districts, there are a number of sub-projects:
• RO1 - Subproject protection from landslides and rock falls of Tusiyon Jamoat. • RO2 - Sub-project for irrigation and rehabilitation of canal in Tyson Jamoat • IS1 - Sub-project on irrigation and flood protection of Zong Jamoat, and • IS3 - Sub-project on flood protection of jamoats Vrang and Trich
48. IS3 - Sub-project on flood protection in Trich village induced resettlement and land acquisition impact on land and structures of 2 households. Accordingly LARP was prepared and implemented. Affected households received land for land compensation and cash compensation for affected structures and trees. LARP implementation compliance report was submitted in December 2016 based on which PMU was granted with NoL on commence of civil works. Prior to approval and implementation LARP was submitted to the Government of the Republic of Tajikistan for a decision on the allocation of funds for compensation. The Government of the Republic of Tajikistan on 06.06.2016 instructed the relevant ministries and departments to prepare a draft decision of the Government of the Republic of Tajikistan on the allocation of compensation to the affected households in Trich village, jamoat Vrang, Ishkoshim district. The Ministry of Finance of the Republic of Tajikistan, in its letter dated 28.06.2016 No. 515-21/580, proposed to pay compensation at the expense of planned funds under budget of the Republic of Tajikistan. Two households were affected. By November 16, 2016, the owners of these households received the full amount of compensation.
4.1. Sub-project on land stabilization in Tusiyon jamoat.
49. The proposed sub-project is located in the Tusiyon Jamoat, in Roshtkala district, Gorno- Badakhshan Autonomous Region, at an altitude of 2,450 to 2650 m above sea level. The Roshtkala district, with a total area of 4,3 thousand kilometers and a population of 25,4 thousand people living in 6 jamoats, is located 25 km southeast of Khorog, administrative center of GBAO. With a registered population growth of 15.9 people per 1,000, the population density is 5.9 per km2, which is almost twice as high as the regions of 3.3 people per km2. Social infrastructure is represented by 41 schools, where 4,300 pupils and there are 0.7 thousand teachers. The health infrastructure includes 102 health centers with 15 doctors and 119 paramedical personnel. The total agricultural area of the region is 1,544 hectares with 1,026 hectares of cultivated land for potatoes, vegetables, forage crops and grain.
50. This jamoat, one of the six jamoats in the Roshtkala District, was established in 1997 and consists of 11 villages with 386 households and 2.178 people, including more than 45% or 988 women.
51. RO1- A sub-project on protection from landslide and rock falls of jamoat Tusiyon, Roshkala district is located in the village of Lakhshik and Shosh, 18 km from the administrative center of GBAO. In the villages of Lakhshik and Shosh the total population is 291 people, from 36 households. In the village there is a shortage of agricultural land, and the development of additional land is not possible due to steep slopes, frequent landslides and rockfalls that damage household plots and assets of the local community.
52. The sub-project is aimed at stabilizing the slopes by planting trees to protect the village from floods, landslides and rockfalls. Within the framework of the mentioned sub-project, no construction works are envisaged. Detailed engineering design involves only planting trees of appropriate species on the slopes.
4.2. Construction and rehabilitation works on irrigation systems in Ishkoshim district, jamoat Zong.
53. The agricultural land belonging to the village of Rotm, jamoat Zong, Ishkoshim district is located alongside of Pyanj River. The irrigation water is delivered by canals and from mountain streams, and drainage is carried out by canal-collector directly adjacent to the river, hydraulically separated by a mound to allow unloading by gravity further downstream. Due to poor drainage, approximately 50 hectares of 200 hectares of this site are not currently being processed. The absence of a mound also means that this valuable and scarce agricultural land is subject to erosion. According to estimates, this is 1 ha per year.
54. The structures were built in 1978-1985 and constructed by stone, soil and local materials. The gates on the structures were constructed of reinforced concrete. As a result of prolonged operation, the collector and drainage network at a distance of 1,000 m are completely silted, and 2 flood gates have become faulty, and the outer walls and 1.6 km of the protective embankment of the main drainage collector are at risk of destruction.
55. To prevent further deterioration, to clean up 1,524 meters of the collector and drainage system, it is planned restore 2 locks, to conduct bank protection works with length 1712 meters in length, purchase 1 hydraulic excavator and provide capacity building, training and consulting services to local WUA’s.
56. Physical works include cleaning of collectors and rehabilitation of dam with large sized stones and carry out minor concrete works. Local construction materials include stone/rubble, natural cobblestones coming from the mountain within 10 km of the location of the sub-project. A sub-project is an existing structure and all construction works carried out within the right-of-way for these structures, thus not affecting any privately owned land/crops or livelihoods.
C. Effectiveness of Land Acquisition and Resettlement Planning
57. Sub-projects, in general, include the rehabilitation of existing infrastructure, with some new constructions located in river beds. Similarly to former implementation the civil works will be conducted within the existing land boundaries and right of way and utilizing the same access and service roads.
58. Because of the complex topography of the area, steep slopes, rocky mountain areas, high- level canals, etc., some of the sub-projects will use manual labor, because on such sites it is not possible to use the machinery. This greatly contributed to the prevention of the impact of land acquisition within these sub-projects.
59. In most of the cases the subprojects are using local materials, coming from the riverbeds on the subproject sites. As it has been informed the work will be based on similar approach with no or limited materials used from outside. Thus, usage of quarries and borrow pit as part of the civil works is minimized. Whenever quarries are required the contractor will keep adherence in using
existing and functional sites and entities for such purposes, where possible. This does not require acquisition of a privately owned/used land.
60. The Land Acquisition and Resettlement Plan (LARP) for the Ishkoshim flood protection sub- project has been prepared following the ADB Safeguard Policy Statement (SPS) 2009 and land acquisition laws and Legislation of the Republic of Tajikistan. It reflects all issues adequately such as land acquisition, compensation payment mechanism, relocation and appropriate grievance redress mechanism.
61. Proper social safeguards due diligence was conducted for all sub-projects planned under the project. Community and local authorities were properly informed and consulted on social safeguards policy and principles of ADB SPS 2009 and relevant National laws and regulations. Grievance redress committees were established in the project locations where people could raise issues and problems and report on their suggestions and views. A project leaflet was published and distributed to project communities that include information on social safeguards requirements adopted for the project, GRM functions, list of people to approach in case of issues and grievances caused by the project.
62. No land acquisition or involuntary resettlement impact was observed under the subprojects in accordance with the package of contracts (except for the Trich flood protection sub-project) mentioned in the report, subsequently, sub-projects did not entail negative impact on households’ lands and properties.
D. TEMPORARY DISTURBANCE OF THE COMMON RIGHTS
63. Although the project does not imply land acquisition and/or involuntary resettlement, (except for Trich flood protection sub-project), a temporary disturbance of order caused by construction work may occur .
64. Excavation works for the cleaning of canals/river beds, transportation of construction materials through populated areas, and/or mobilization of heavy machinery and equipment for construction sites, where appropriate, limited access to agricultural land adjacent to construction sites, etc., possibly can cause temporary concern for local residents. But the project contractors were consulted in social safeguards requirements and principles of adequate compensation in case of causing temporary/permanent impact on people properties and lands. Hence, project was planned and implemented in a way that no adverse impact was allowed.
65. In Vose, Kulob and Pyanj districts, construction and/or transportation of construction materials, including from quarries, can potentially cause temporary anxiety in neighboring villages. This is especially true for places where construction transport will travel through villages (for example, in the village of Javrez, Vose district, etc.). all measures were taken to reduce pollution and dust during transportation of construction materials.
E. GRIEVANCE REDRESS MECHANISM
66. Regardless of whether there is no a land acquisition or resettlement of local communities living in the area, when construction work is carried out, some unfavorable consequences may occur during the construction period, such as property damage or losses caused by direct physical exposure to the equipment of the contractor, vibration, design of the contractor or employer, or
because of other activities related to construction. Communities can submit complaints through the grievance mechanism established for the project over its duration and used to address environmental issues and resettlement. To resolve these issues for each jamoat were prepared complaints logs.
67. The steps and actions below describe the process of receiving and addressing the complaints and grievances within this project:
(i) Step 1: Complaints will be lodged at the jamoat level, where all the relevant representatives (land and environmental specialists, deputy jamoat chairperson, responsible for gender policy, Jamoat Resource Center representatives), representatives of the affected households and EA/PIU, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee (GRC), and the receipt of the complaint given to the affected person. The period for resolution of complaints is 14 calendar days the latest.
(ii) Step 2: If the complaint cannot be addressed at jamoat level, affected person can apply to the district level GRC for a solution, with assistance from GRC as needed. The district level committee should invite ALRI/PIU representative once they registered the complaint. Similar to jamoat level, district level committee will register and file all the complaints from the complainants. The period for resolution of a complaint is 16 calendar days.
(iii) Step 3: If no solution is reached within 16 days, the affected person can submit her/his case to the appropriate court of law, with all costs paid for by the project.
68. In the event when the established GRM is not in a position to resolve the issue, affected person also can directly contact ADB Tajikistan Resident Mission (TJRM). Contacts of local ADB TJRM social safeguards focal point is circulated among the local communities during the consultation meetings at the detailed design stage.
69. Grievance Redress Committee (GRC) is established at the relevant jamoat level in each relevant district to resolve complaints and grievances informally through community participation. The jamoat GRC consist of representatives of the ALRI, PIU, local hukumat, local WUA members, women WUA members, and appropriate local NGOs to ensure a participatory decision-making process.
Summary of Grievance Procedure
Stages in Response Required Activities Handling Jamoat Head or Hukumat Jamoat GRC responds to questions and/or complaints. If no representative and ALRI response within 14 days, or response is unsatisfactory, AP prepares representative (Jamoat GRC) a grievance in writing (utilize standard forms where possible). District GRC committee Registers the written complaint and attempts to solve it. If complaint is not resolved in 16 days (or 30 days since the complaint logged in the Jamoat GRC) or unsatisfactory, the affected people can go to court for resolution. District Court of Law The District court hears the case and makes a final decision, which is binding on all parties.
70. The process for resolving complaints is defined as follows:
(i) Complaints will first be addressed to the Jamoat level through the GRC, where there is a representative of the local government and district authorities, the contractor, EA and the applicant will strive for the fastest and most effective resolution of the matter. If the complaint is not resolved within 14 days from the date of the appeal, the complainant will address a complaint with the District-level MRL/ORL Commission; (ii) ALRI at the district level, together with a representative of the local authority, contractor and other relevant stakeholders, will strive to properly resolve the issue (s) or complaint raised. The elected representatives of the affected party will have the opportunity to mediate, if the person affected by the project decides so. If the decision is not reached within 16 days, the affected parties may submit their case to the appropriate court; (iii) If the complaint is resolved, the case is closed and this will be reflected in the complaint log accordingly. If the decision is not found at the district level, if the person affected by the project applies to the court. The GRM, however, does not limit the rights of affected people to trial directly in court from the very first step, bypassing the GR mechanism.
F. CONCLUSION AND RECOMMENDATIONS
71. Due diligence review of sub-projects is carried out on the basis of detailed technical drawings, field visits, and consultations with a group of engineers, with PMO specialists at the central and local levels, as well as with end-users of sub-projects.
72. The results of a proper survey and due diligence suggest that none of the sub-projects listed in the envisaged contract packages has cause land acquisition and / or involuntary resettlement. Rehabilitation / construction of sub-projects taking place within the existing land plot / allotment and / or on the lands of the state land reserve, and thus there is no need for the allocation of land in private ownership / use. Only flood protection sub-project in Ishkoshim district had impact on 2 households where as per the ADB SPS 2009 requirements LARP was developed, approved, implemented and compliance report was submitted based on which ADB gave NoL for the commence of civil works.
73. During the reconstruction and construction work on the sites of some of the sub-projects, manual labor is applied taking into account the complex terrain and difficulties with access to sub- projects' sites. This greatly contributed to avoid the impacts of land acquisition and forced relocation on the sites of sub-projects. 74. So far, the construction works have been confined to the existing right of ways and had no or minimum disturbance. It was ensured, that in new construction works similar tactics within same borderlines is applied. Yet, to avoid or reduce the potential minimum impact of extension of works on the additional sites the stakeholders were reminded on the following issues:
- Informing all residents, local households about the duration of work through jamoats and mahalla leaders ;
- Provision of temporary access through trenches for pedestrians and metal sheets where vehicle access is required;
- Also, where appropriate, on the stretches which cause disturbance, increasing the workforce and using appropriate equipment, was recommended to complete the work in a minimum timeframe;
- While no water (both drinking and irrigation) disruption has occurred as part of the planned works, the contractors were reminded that, if this happens, people should be informed well
in advance through jamoats and mahalla heads, and provided with alternative source of water for the duration of disruption.
75. All necessary steps has been taken during construction to avoid temporary impacts like loss of access leading to impact on livelihoods or any other kinds of restrictions, as cited above. The Consultant’s Resettlement team closely monitored the implementation stage and helped PMU to ensure compliance with the ADB social safeguard requirements as well as the national legislation. The PMU Monitoring and Evaluation unit conducted regular internal monitoring and the outcomes reflected in this report.
76. Any grievances by local people had to be addressed through the GRM established under the project and applied to both environmental and social safeguards. This has been established by PIU in parallel with contract award process. However, no grievance application was filed in the reporting period. Community perception on the project is very positive and during monitoring visits, PMU safeguards specialist confirmed no negative impact of the project to communities.