Resettlement Plan Project No.: 43150-022 May 2016 Tajikistan: Regional Power Transmission Project Kayrakkum – Sughd 220 kV Transmission Line (Revised draft) Prepared by: Barki Tojik for the Asian Development Bank (ADB) This draft revised resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. TABLE OF CONTENTS Abbreviations and Local Terms 2 Definition of Terms 4 Introduction to LARP 6 0. Executive Summary 8 1. Introduction and Description of Project and Line Corridor 11 2. Scope of Land Acquisition and Resettlement 18 3. Socio-Economic Profile 27 3.1 Tajikistan in General 26 3.2 Socio-Economic Situation in the Rayons 30 3.3 Results from Household Survey 32 4. Legal Framework and Compensation Policy 44 5. Gender Impact and Mitigation Measures 55 6. Information, Consultation and Disclosure Requirements 56 7. Grievance Mechanism 60 8. Institutional Framework 62 9. Resettlement/Compensation Budget 67 10. Implementation Schedule 75 11. Monitoring and Evaluation 77 12. References 78 Attachments A. Summary of the Implementation Manual 81 B. Results of Line Assessment with Photo Documentation 83 C. Government Decree 641 on Procedures for Compensation of Damages to Land Users and the Loss of Agricultural Production of 30th December 2011 86 D Draft Leaflet for Information of Affected Households 88 E Summary of DMS Results and Compensation Payments 90 F Household Questionnaire for Socio-Economic Survey 118 G Drawings of Kairakum and Sughd Substations 121 Picture 1 (title page) shows the scheduled line corridor crossing the agriculturally extensively used western parts of Bobojon Gafurov District near the Uzbek border. 1 Abbreviations ADB Asian Development Bank AF Affected Family agric. agricultural AP Affected Person BT Barki Tojik CBO Community Based Organization CC Civil Code CADL Commission on Assessment of Damages and Losses DMS Detailed Measurement Survey SEMD Barki Tojik PMU Social and Environment Monitoring Department GRC Grievance Redress Committee IOL Inventory of losses IR Involuntary Resettlement ha hectare/s hh household/s HVTL High Voltage Transmission Line kg kilogram LA land acquisition LARP Land Acquisition and Resettlement Plan LC Land Code MEI Ministry of Energy and Industry NGO Non-Governmental Organization p.a. per year p.c. per person p.m. per month PAP Project Affected Persons PMU Project Management Unit of Barki Tojik ROW Right Of Way RT Republic of Tajikistan SEMD Barki Tojik PMU Social and Environment Monitoring Department SME Small and Medium-sized Enterprise/s t tower TJS Tajik Somoni (US$ 100 = TJS 626 in July 2015 and TJS 787 in February 2016) TL Transmission Line USD United States Dollars ZOI Zone of Influence 2 Local Terms aryk Irrigation channel Dekhan farm Farm under private management organized either individually, by a family or collectively Hukumat District Administration Jamoat Sub-District, Sub-District Administration Kolkhoz Soviet-era collective farm Land committee Responsible body of District for all land related questions Mahalla Village/neighbourhood Mahalla committee Board of mahalla organization (with all citizens in the mahalla area as members) Oblast Region Rais Chairperson (Tajik term, e.g. rais mahalla) Rayon District Sovkhoz Soviet-era state-owned farm 3 DEFINITION OF TERMS Affected persons - Mean all the people affected by the project through land acquisition, (APs) relocation, or loss of incomes and include any person, household Also: Affected families (sometimes referred to as project affected family), firms, or public or (AFs) private institutions. APs therefore include; i) persons affected directly by the safety corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project. Compensation - Means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. Cut-off date - Means the date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. Detailed - Means the detailed inventory of losses that is completed after detailed Measurement Survey design and marking of project boundaries on the ground by the (DMS) contractor. Encroachers - Mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. Entitlement - Means the range of measures comprising cash or compensation in kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base. Inventory of Losses - Means the pre-appraisal inventory of assets as a preliminary record of (IOL) affected or lost assets. Land acquisition - Means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for compensation at replacement costs. Non-titled - Means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation. Poor - Means those falling below the official national poverty line. Replacement cost - Means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Replacement Cost - This refers to the process involved in determining replacement costs of Study affected assets based on empirical data. Sharecropper - Means the same as tenant cultivator or tenant farmer, and is a person 4 who cultivates land they do not own for an agreed proportion of the crop or harvest. Significant impact - Means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). Vulnerable - Means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes: (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less, which is not applicable in Tajikistan’s irrigated sector where land sizes are only one hectare on average). 5 INTRODUCTION TO LARP In the focus of this report is the construction of 63.3 kilometres (km) of 220 kilovolt (kV) overhead transmission line between Sughd Substation (Spitamén District) and Kairakum 220 kV Substation (Bobojon Gafurov District) including construction of additional bays and rerouting of existing connections in both substations. The aim of the consultant’s assignment is hence to undertake a technical, financial, economic, environmental and social due diligence and to prepare a feasibility study to ensure ADB financing of the Project. Part of the social due diligence is a Land Acquisition and Resettlement Plan (LARP). To fit Asian Development Bank (ADB) requirements efforts have been made while elaborating this LARP to avoid/minimize as much as possible negative impacts. Non-agricultural government- owned land is used wherever possible. Where the high voltage transmission line (HVTL) has to traverse agricultural land, the shortest feasible crossing distance has been proposed. Built-up areas are avoided and resettlement of households can, most probably, be completely avoided. Initial line survey: For the identification of a suitable line corridor, Kalpataru Company (in March/April 2015) has made a preliminary line survey with the identification of a total of 57 corner towers between Sughd 500 kV substation and the last tower of the scheduled line which is also a corner tower of the 220 kV double circuit Kairakum-Asht line. Based on these preliminary tower location data, the socio-economic consultant of Fichtner visited the line corridor in April 2015, in June 2015, and, after some modifications in line routing, again in November 2015 and checked out whether the above mentioned criteria have been respected and if adaptations are required. Final line survey and Detailed Measurement Survey (DMS): During the further work in winter 2015/2016 in Sughd, Kalpataru Company also adapted the tower location data in order to reduce damages and adverse social impacts. End of 2015 a consolidated line scheme was elaborated with a more or less final number of 73 corner towers and a total of 170 towers. 74 towers will be constructed on agricultural land requiring compensation for the APs.