Land Acquisition and Resettlement Plan Land Acquisition and Resettlement Plan for Rishton City Water Supply System Document Stage: Draft Project Number: Tranche 2 September 2014 Uzbekistan: Water Supply and Sanitation Services Prepared by Uzbekistan Communal Services Agency of the Republic of Uzbekistan for the Asian Development Bank (ADB). The resettlement document is that 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. ABBREVIATIONS ADB – Asian Development Bank AF – affected family AP – affected person DMS – detailed measurement survey EA – executing agency EMA –- external monitoring agency FY – fiscal year GOU – Government of Uzbekistan GRC – grievance redress committee IA – implementing agency IMA – internal monitoring agency IP – indigenous people LARF – land acquisition and resettlement framework LARP – land acquisition and resettlement plan MFF – multitranche financial facility NGO – nongovernment organization PC – project consultants PFR – periodic Financing Request PLARC – Provincial Land Acquisition and Resettlement Commission PPMU – program preparation and management unit SCLRGCSC – State Committee on Land Resources, Geodesy, Cartography and State cadastre SESU – Social and Environment Sub-Unit CURRENCY EQUIVALENTS (As of September 2013) Currency Unit – Sum (UZS) UZS 1.00 = $0.000468 $1.00 = UZS 2135.26 NOTE In this report, i. “$” refers to United State Dollars (USD) ii. UZS refers to Uzbekistan Sum 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. DEFINITION OF TERMS Beneficiary Community: All persons and households situated within the government-owned or acquired property, who voluntarily seek to avail and be part of the Program and represented by a community association that is duly recognized by the community residents, accredited by the local government, and legally registered with appropriate institutions / competent authorities. Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected persons, depending on the nature of their losses, to restore their economic and social base. Cut-off-date: shall conform to the date of commencement of the affected persons (AP) census in the specified area. Land Acquisition: The process whereby a government agency compulsorily alienate all or part of the land a person owns or possesses and transfer the ownership and possession to the government agency for public purpose in return for a consideration. Affected Person/People (AP): Any person affected by program-related changes in use of land, water, natural resources, or income losses. APs include those having losses as described in Table 2, the Entitlement Matrix which includes both titled and non-titled persons experiencing resettlement impacts due to the Program. Affected Family: All members of a household, residing under one roof and operating as a single economic unit, who are adversely affected by the program or any of its components. It may consist of a single nuclear family or an extended family group. Rehabilitation: Compensatory measures provided under the Land Acquisition and Resettlement Framework other than payment of the replacement cost of acquired assets. Replacement Value: The amount required for the Affected Household to replace/reconstruct the assets acquired by the government agency through purchase in the open market. See Table 2: Entitlement Matrix in this document. Resettlement: All measures taken to mitigate any and all adverse impacts of the program on AP’s property and/or livelihood, including compensation, relocation (where relevant), and rehabilitation. Below Poverty Line (BPL) Households: There is no designated sum determined by the Government of Uzbekistan to define a BPL household. For the purpose of this Project, the World Bank definition of poverty line for Central Asia (2003-2005) of US$ 2.15 per day per person or UZS 3,225 per day per person will be used. Minimum Wage Rate: The official minimum wage rate declared is UZS 91,530 per person a month, will be used for providing assistance allowance for 3 months for affected persons belonging to the vulnerable group and those affected persons by the project by more 10% of their assets and properties. Vulnerable Households: Households headed by women, having disabled persons, ethnic minorities, elderly persons living alone and BPL households 3 CONTENTS Page ABBREVIATIONS 1 DEFINITION OF TERMS 2 EXECUTIVE SUMMARY 4 I. INTRODUCTION 6 II. PROJECT DESCRIPTION 7 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 8 IV. POLICY FRAMEWORK AND ENTITLEMENTS 14 V. COMPENSATION AND ENTITLEMENT 17 VI. PUBLIC PARTICIPATION AND CONSULTATION 18 VII. ORGANIZATIONAL SET-UP 18 VIII. GRIEVANCE AND REDRESS MECHANISM 20 IX. TRAINING IN LARP IMPLEMENTATION 21 X. COST ESTIMATES AND BUDGETS 22 XI. IMPLEMENTATION SCHEDULE 22 XII. MONITORING AND EVALUATION 23 XIII. APPENDIXES 25 4 EXECUTIVE SUMMARY A. Project Introduction In 2009, the Government of the Republic of Uzbekistan (the Government) entered into a Financing Framework Agreement (FFA) with the Asian Development Bank (ADB) for a multitranche financing facility (MFF) to finance Water Supply and Sanitation Services Investment Program (the Investment Program), in an aggregated amount not exceeding $300 million from ADB's Special Funds resources. On 29 September 2009 the ADB Board of Directors approved the MFF Program with Uzbekistan Agency "Uzkommunhizmat" (UCSA) as the Executive Agency (EA). For Tranche 2, the Government requested ADB to finance rehabilitation and expansion of water supply and wastewater management systems in Andijan, Fergana, Kokand, and Margilan cities and water supply system in Rishtan city, which are priorities for development.1 Immediate rehabilitation and/or reconstruction of water supply and sanitation (WSS) systems and development of vodokanals' operational capacity is needed to prevent the systems from further deterioration and provide acceptable WSS services to about 1.1 million residents in these cities. On 16 March 2010, the second Periodic Financing Request (PFR) was submitted to ADB for financing. The period from 2010 to 2013 was the period of gathering documents and social economic information. And on 21 September 2013 was fully updated the LARP and the date is cut of date. On 12 December 2012 was held the bid of rehabilitation of Water Supply Systems of 3 cities (Fergana, Margilan and Rishtan). On 20 September, 2013 the ADB evaluation has confirmed that the above civil works package will need to be re-bid. On 16 April, 2014 the above civil works package was announced in the ADB website to be re-bid and the deadline of submission date was on 28 May, 2014 and the civil works are being evaluated at the moment. Initial social assessment was conducted to identify social impacts of the proposed water supply subproject for Rishton City. As a result, Land Acquisition and Resettlement Plan (LARP) was prepared to mitigate impact of the land acquisition and permanent loss of assets and property caused by the construction of 2 new water wells and other structures to be located at the land owned by “Tayyorlovsavdo” LLC located in Tekstilnaya St., Rishton City. The objectives of the proposed LARP are: (i) to identify the project impact on the community in terms of loss of assets, livelihood and income; (ii) to outline measures to mitigate the adverse impact; and (iii) provide an estimate for budgetary allocation for compensation of loss of assets and resettlement benefits. And if required, for loss of income & livelihood, according to principles and guidelines provided in the entitlement matrix prepared for UZB: WSS Services Improvement Investment Program. After final design was completed, minor changes have been made to some components, such as construction of 16.7 km of new water transmission main, and Installation of 2 new wells at existing Topvaldiev site have slightly changed the resettlement plan, As a result, the LARP was updated in September 2013 based on detailed survey and consultation with affected people. Table below lists the main change between original LARP in 2010 and updated one in September 2013. 1 Resolutions of the President of the Republic of Uzbekistan № ПП-890 as of 12.06.2008, № ПП-1239 as of 15.12.2009. 5 Table 1. Change of Component Design and LARP between 2010 and 2013: 2010 2013 Impact (yes or no) (i) Rehabilitation of 7 existing wells at No changes Sokh River well field, to supply 10,000 No m3/day of water; (ii) Construction of new bulk water No changes supply unit, including new pumps and a No chlorination system; (iii) Construction of 16.7 kms of new By the changed design of the water transmission main connecting 4 alignment of 16.7 km of new water villages along the route and do not transmission main from the well field impacts any farms and households, from to WDU-2, 0.90 ha of land areas will Yes the well field to WDU-2 be temporarily affected. They include land areas of 2 orchards and 3 farms, affecting a total 5 households. (iv) Installation of 2 new wells at By installation of 2 new wells at existing Topvaldiev site, with capacity of existing Topvaldiev site, a total of 1.2 2,900 m3/day; A total of 1.2 ha of land ha of land area will be acquired Yes areas will be acquired permanently from permanently, including 0.85 ha from “Tayorlovsavdo” LLC. “Tayorlovsavdo” LLC. (v) Rehabilitation of existing WDU-1 No changes and WDU-2, including the storage reservoirs structures and buildings, and No replacement of all mechanical, electrical and control systems; (vi) Replacement of 33.8 kms of No changes corroded and leaking pipe in the No distribution system (vii) Construction of 20 kms of new No changes distribution lines to expand water supply No system coverage from 70% - 100% by 2025 population of 38,000.