grievance redress mechanism training manual€¦ · the present arrangement for grievance handling...
TRANSCRIPT
Social Accountability Pilot in Mining Sector in
Afghanistan
GRIEVANCE REDRESS MECHANISM
AT AYNAK
INTERNATIONAL RESCUE COMMITTEE
CDR PROGRAM
April 2013
Implementing Agency: International Rescue Committee (IRC)
CDR Program
TRAINING MANUAL
The key purposes of the SA Pilot are:
To assist the relocating households in building their capacity to monitor the
implementation of the RAP;
To educate PAFs about the grievance redress mechanism and to publicize the
complaints procedures to the affected families;
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
The government of Afghanistan prepared its first resettlement action plan (RAP) in January 2012
for the PAFs at Aynak area of Logar province. The RAP covers the initial five villages, where
there were need for relocation of PAFs and land acquisition. Table 2.1 below provides details of
the affected villages under the Aynak RAP.
The RAP includes compensation details with livelihood restoration measures for the affected
people as well as budget for delivering essential services at relocated site in As-hab Baba town.
The RAP also includes complaint handling procedures and arrangements for implementation and
monitoring.
There is a Grievance Redress Committee (GRC) already in place, which includes members from
the relevant stakeholders including a community representative.
The WB has initiated social accountability pilot in mining sector in Afghanistan and the key
purpose of this initiative is to assist the relocating households in building their capacity to
monitor the implementation of the RAP. The social accountability pilot is intended to provide
training for the affected people in knowing their rights and entitlements as per RAP and
awareness on the functioning of the GRC.
This training manual on grievance handling has two sections; (i) summary of Aynak RAP, (ii)
training for the affected people on functioning of GRC. The session on “summary of Aynak
RAP” will be conducted by a representative from Aynak Project Authority of MoMP and the
IRC’s local staff will be responsible to publicize the complaints procedures to the affected
families and will also be responsible for the implementation of the social accountability pilot.
There are five villages in the area around Aynak mine which will be directly affected due to the
mining and associated activities. The names of these villages are given below:
Table2.1: Number of PAFs in 5 villages Sr. No Name of
Village
Resident PAFs Absentee PAFs Total
1 WaliKillai 42 13 55
2 KoozChinarai 20 18 38
3 Adam Killai 0 10 10
4 Bar Chinarai 0 7 7
5 SisoTangai 0 7 7
Total 62 55 117
The absentee families will be given compensation only after they prove their identity through
National Identity Card, (tazkara) etc. the compensation amount for these families will be kept in
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
a separate account in the bank. These families will be given a time period of one year to claim
the compensation and if they do not claim in this period, this money will be credited to
government account. Efforts will be made to reach out to these families through village heads,
local mosques and information brochures, pamphlets at MCC office, office of Loagar Governor,
sub Governor etc. (Ref: Aynak RAP section 1 page 12).
Cut-off dates was for eligibility under this RAP established as 1st July 2010 to determine the
number of PAPs and compensation for which they are eligible based on the ownership of land,
customary rights, houses and other immovable assets. The cut-off date was informed to the
villagers through the information pasted in the local office of MJAM, local offices of the
government, announcements in the local area etc.
2.4
The Aynak project Authority of MoM has the responsibility to conduct separate sessions for both
male and female project affected members to describe details of compensation as per the
approved RAP for Aynak.The IRC’s local staff will facilitate training sessions.
Table 1.2: Summary of compensation details
S/N Type of Losses
Eligibility and compensation
Responsibilities
1 residential land
losses
(i) Cash compensation:
Cash compensation at the rate of 37,500 Afswill
bepaid to eachaffected familyfor their residential land
losses. This is the price of 2.5 beswa of land at the
price 15000 per beswa. It will be paid by MCC.
(ii) New plots in As-hab Baba town:
Government will provide free of cost plot of land of
the size 450 square meters to each displaced family in
resettlement site ( Ashab Baba).
(iii)-Additional assistance for rent and shifting
materials)
A lump sum shifting and rental allowance of a total
of 10,000 Afsto each affected family.
(i) MCC
(ii) Government
(iii) MCC
2 Agriculture Land
loss (i) Cash compensation
Presidential decree (2/8/1390):-
(Title holders)-Compensation for loss of agriculture
land at the rate of 300,000 Afghanis per Jerib of lost
land
(i) MCC
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
Government to allocate 10 Jeribs of Grade 7
agriculture land to each displaced family to
compensate them for the loss of livelihood to these
families.
(ii) government
3 Loss of structure
(i) Compensation for loss of houses:
Cash Compensation on the basis of rate quoted by the
villagers for their houses, number of rooms in the house
and family size.
(ii) Compensation for loss of boundary walls:
The compensation value of mud boundary wall is
130Afs per square meter,
220 Afs per square meter for masonry wall and
veranda,
300 Afs of labor rates for digging of 1 meter of well,
since water is available at about 40 meters therefor
the average compensation value of the well has been
taken as 12000Afs.
MCC
4 Loss of trees and
crops (i) Compensation for lost tree:
Fruit tree:
The fruit tree of one year will be compensated 1400
Afs.
Fruit tree of 2 years at 2100Afs.
Fruit tree of 3 years at 2800Afs.
Non fruit tree:
Tree of the age between 1-3 year will be 300Afs,
Tree of 3-5 years 1000Afs.
Trees of 5 or more years 1500Afs. (ii) Compensation of crops:
There is no compensation considered for crops,
because it is an arid area and there are hardly any
crops in the field and whatever is there, people will be
harvesting it before shifting out.
MCC
5
livelihoods
All eligible PAPs will be ensured job at the Aynak mine.
Those engaged in agriculture are being provided
livelihood through a piece of agriculture land being
allocated by Government to each PAF (Project Affected
Family).
MCC
MoMP
6 Loss of
community
structures (i.e.
mosque,
cemetery and
etc).,.
Relocated site at As-Hab Baba town:
The new relocated site at As-hab Baba includes the
essential facilities like Mosque, school, cemetery,
water network system (house connection), access road,
drains, and flood protection.
There are a total of 512 plots of the size of 450 sq. m
in the As-hab Baba site.
Proper consultation will be made with PAPs during
allocation of plots at the resettlement site.
MoMP
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
Some measures are proposed below for restoring livelihoods of the PAPs:
The MCC/MJAM has the obligation to offer skills training to the PAPs and to provide
240 days of man-days of work annually. The females in the area could be provided skill
training in jewelry making and they could use the copper slag available at the mine site to
make jewelry, which could be an important source of livelihood for them.
Government will also support the displaced families by giving them each 10 Jeribs of
Grade 7 agricultural land in Mohammad Agha district as a livelihood restoration
measure.
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
The following guide on grievance redress mechanism is prepared; (i) to inform PAFs about the
present arrangements for grievance handling, (ii) to describe procedures to submit complaint (to
inform PAFs about where to go and who to contact if they have a compliant), and (iii) to educate
PAFs on how to fill the compliant form.
The IRC local staff has the responsibilities to conduct sessions to the affected communities for
building awareness about the process of grievance handling.
The implementing agency/IRC will conduct a total of 12 training sessions (six sessions for male
members and six sessions for female members) on the above topics related to grievance redress
mechanism.
The following table includes number of sessions, which will be conducted on grievance redress
procedures for Ayanak:
Table 3.1-sesions on GRM
Topics Sessions
To inform PAFs about the present arrangements for
grievance handling
Session-1
To describe procedures to submit complaint Session-2
To educate PAFs on how to fill the compliant form Session-3
Table 4.1- session 1 topics:
S/N Topics of the session 1 of the GRM manual
1 Purpose of the training manual
2 Aynak Grievance Redress Committee
3 Key Responsibilities and functions of GRC
There will be a total of 3 training sessions conducted on GRM to each group. There are currently
four groups of the PAFs (Wali Kali -2 groups, male and female members, KozChinary 2 groups,
same separate male and female groups).
The main purposeof this training manual is to educate PAFs about the grievance mechanism and
to publicize the complaints procedures to the affected families. It will also inform PAFs about
the present arrangement for grievance handling and to assist them to seek redress to unresolved
grievance from land acquisition, resettlement dispute and it will also facilitate people who might
have objections or concerns regarding the project activities to raise.
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
A broad Grievance Redress Committee has been formed comprising of:
Representative from Aynak Authority.
Representative from Ministry of Agriculture.
Representative from Logar province Governor.
Representative from M.Agha district governor office.
Representative from civil society organization.
Representative form MCC Company.
Representative from Social Development Advisory of Ministry of Mines.
Representative from Aynak PAFs/ CDCs (secretary of the elected CDC).
Structure of GRC for Ayank
Elect among themselves their Chairman and Secretary to GRC who will assist in
organizing meetings of GRC.
Have meetings every two weeks to meet the villagers who have grievances so as to
redress them.
Ensure that handling of grievances is in accordance with Afghan law and World Bank
procedures.
Ensure that follow-up actions in response to grievances are taken within an agreed time-
frame.
Maintain a database of all registered grievances, along with details on the nature of the
issues raised the case history, and actions taken.
Report on outstanding/resolved grievances a weekly basis to the Aynak Authority
particularly the serious cases.
Coordinate with MCC, Government departments, at district, provincial and national level
and civil society organizations for resolving the grievances of the local communities.
Ensure the availability of grievance forms (in Dari & Pashtu) in the project area. The
blank grievance forms is attached herewith
Coordinate with community representatives on the efficacy and usefulness of grievance
redress
Head of GRC
Member Secretary (Aynak
Authority)
Rep. of local / Provincial Govt.
Rep of NGO Rep. of Social Department,
MoM Rep. of PAF
Representative of MCC
Representative from MAIL
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
procedures and recommend changes if any required to Ministry of Mines
Undertake site visits to assess issues raised by those who lodge grievances.
S/N Topics of the session 2 of the GRM manual
1 How to submit a complaint form?
2 Community dialogue
3 Grievance Redress Committee
4 Aynak Appeals Board
5 Timeline for Meeting
6 Procedure for handling grievances of women
7 How will the absentee families address their concerns or complaints
8 Central Database
How to submit a complaint form?
There are a variety of channels to handle complaints:
The complaints might be submitted to the village elders/CDC, the district or provincial representative to whom the community
people might have ease of access.
They can also submit their complaint to Aynak Authority officials directly on week days during office hours.
The complainants can put their grievances into the complaints boxes, which then will be open during the GRC meeting.
Received complaints that might be of any grievance or which would be submitted to any source should be registered in the
Complaint Registration Form at the first stage and signature or finger print should be taken on the form from the person
complaining.
The IRC local staff will acknowledge the receipt of complaints and log them into central register book. There may be
complaints that might be solved before reaching to the GRC meetings. The complaint form and details of the case solved should
be recorded and maintained for future uses.
The implementing agency has the responsibility to provide complaint registration form and the register book. They should also
assist the complainant in filling of the form.They will also inform complainant about the timeframe in which a response can be
expected.
Note: There is separate session considered on how to fill the complaint registration form.
Schedules for decisions
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
(2)
Grievance Redress Committee (GRC)
If a grievance cannot be resolved through community dialogue-
A copy of the registered complaint will be forwarded to Secretary of GRC who will then put it up to GRC for consideration.
The GRC’s meetings are held every second week to assess grievances, identify action to be taken and assign responsibility for
follow-up
Along with the details of each case, recommendations for referral or action will be entered into a database
IRC will prepare a minutes of meeting
SDRC will report to MoM about the disposal of complaints in the project coordination meetings.
The decisions taken by the GRM should be announced in written to the parties who had complained so that they are convinced
on the decision taken.
Time line: action should be taken within 2 two weeks for all those complaints submitted to the GRC.
(1)
Community dialogue
The designated Aynak Authority officials along with staff of SDRC will first try to resolve issues of local communities
through community dialogue (CDC)
The minutes of the meetings will include details of the grievance and the manner of its resolution - or need for referral.
A written confirmation will be issued to the complainant, if the case resolved
IRC will facilitated the meeting
Time line: The complaint should be solved within one Week and final written report to be submitted to GRC within two
weeks.
(3)
Aynak Appeals Board(AAB)
Cases that prove impossible to resolve through community dialogue or the GRC may be referred to an (AAB) to be
appointed by H.E. MoM.
The AAB will send its response to MoM in cases AAB is not able to resolve the complaints of the villager or group of
villagers, Ministry will then examine the complaint and if it is still not possible to resolve, will refer it to court of law.
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
The GRC committee will meet once in two week and everyone can submit and present their
compliance to this committee directly or through the CDC.
The GRM for Aynak is accessible to diverse members of the affected communities’ members,
including women. Multiple points of entry will be available, including face-to-face meetings,
written complaints, telephone conversations, or e-mail.
The IRC social staff (female community mobilizer) will conduct separate session for the affected
women to educate them about the procedures for lodging complaints. The affected women can
submit their complains to the female CDCs then this is responsibility of CDC to assist the
complainant in filling of Grievance registration form
There are overall 117 families in 5 villages, out of which 55 families are absentees. The absentee
families are also eligible to receive compensation. As per the approved RAP the absentee
families will first have to prove their identity through the tazkara or national identity. Once they
proved their identity, then they can also address their concerns through the channels introduced.
The implementing agency/IRC and the MoM’s Social Department will have overall
responsibilities to maintain records of the grievances in the complaint log or central database.
All grievances need to be recorded in a database along with outcome of grievance redress and
closely monitored and analyzed in term of category of grievance of speed of resolution. Also the
GRC will ensure that the database of all grievances submitted is updated on a regular basis, and
that information on the status of individual cases is made available to the head, Aynak Authority
and Ministry of Mines as required.
According to above information we can say that all submitted complains and grievance will be
added to a well-developed database and each complaint and grievance should be ranked,
analyzed and monitored according to the kind, accessibility and degree of priority.
Topics of session 3
S/N Topics of session 3
1 Filling of the Grievance Registration form
2 Monitoring of complaints follow-up
3 Type of Grievances
4 The form for Monitoring of Grievance Redress Committee
5 Complaints Registration Form
The implementing agency/IRC will conduct training sessions to train CDC and the PAFs’
members on how to fill the form (Annex 1). As most of the villagers are illiterate, so the trained
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
literate villagers and CDCs can help illiterate villagers in filling the form. On the other hand, the
implementing agency will provide sufficient forms to the PAPs/CDC, since the villagers have no
Complaint Registration form. The CDC will maintain empty form in their file. Once a
complainant filled the form then it is the responsibilities of CDCs to present the form to the
GRC.
After resolving the Grievance a written confirmation will be issued by Aynak Authority to the
complainant.
For easy access of villagers to the grievance registration form and its filling it is necessary that:
IRC should handover sufficient copies of Grievance Registration forms to the CDC.
IRC should inform the villagers during the training sessions regarding availability of
form with the CDCs.
IRC should train CDC and the villagers regarding, filling the form and presenting the
form at the time of Grievance committee meetings.
CDC should have the form in their files for using.
Villagers can get the form from CDCs.
The CDC or literate member of the community will help illiterate villager in filling the
form.
The Social Development and Reconstruction Unit SDRC (this unit headed by head Aynak
Authority will have members from Aynak Authority dealing in social issues, representative from
Provincial and Local government ) will carry out internal monitoring of RAP on a monthly basis.
It will prepare quarterly progress reports. The monitoring process will take into account
communication with PAPs, assessment of their reactions on entitlements, valuation of properties;
usage of the grievance redress mechanism and disbursement of compensation amounts and other
assistance.
Implementation process of RAP will be regularly monitored and checked by SDRC. Internal
monitoring shall include:
a) Clarifying information desired by PAFs and evaluate damaged assets, review
compensation, land acquisition and resettlement based on regulations;
b) Monitoring whether RAP personnel implement in accordance with design and
planning or not;
c) Monitoring that allocated funds for project implementation are used timely and for
intended purposes as requested and approved in the RAP;
d) Using database of GRM, look into all complaints and settlement options and ensure
that grievance redress is solved within the stipulated period.
e) Monitor that PAPs receive full compensation as per RAP in a timely manner and
without hindrance
There was an assessment of the types of grievance conducted and as per the findings to date the
following types of grievances are likely to arise during Aynak RAP implementation:
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
The types of grievances given below are mostly related to RAP implementation, however, the
training manual is open to a wide range of concerns and it includes other types of grievance,
which could be raised during the process. Table 4.1- type of grievances that can be
encountered:
Type of grievances Examples Responsibilities
Complaint related to
compensation for the lost
residential
land/structures:
The PAFs may have to address concerns related
to processing of cash compensation for their lost
residential land or structures, i.g. boundary wall,
verandah, and etc., if not happened earlier.
(The approved RAP for Aynak includes full details, including
measurements of structures for each individual PAP. Summary
of compensation details for the lost residential land/structures is
given in table 1.2 above. )
GRC
Complaint relevant to
compensation for lost
Agricultural Lands:
The relevant government agency (s) may fail
to allocate agriculture land for the PAFs as
per the approved RAP.
The PAFs may feel they are not fairly/fully
compensated and or may have any concern
related to the process of agriculture land
allocation.
(Summary of compensation details for the lost agriculture land
is given in table 1.2 above).
GRC for Aynak
Complaint related to
compensation for lost
fruit trees and non-fruit
trees
PAFs may have concerns over compensation
(i.e delay in compensation payment) for fruit
tree and non-fruit trees.
(The compensation details for fruit tree and non-fruit trees are
given under summery of compensation. The Aynak RAP
includes full details for each individual. )
GRC for Aynak
Claim over allocation of
new plots in relocated
site at Ashab Baba
township
PAFs may have concerns over the
process of allocation of new plots in the
relocated site (i.e.delays in distribution of
new plots).
Claim over location of new plots (i.g.
some of the affected families may claim
that the new plot should be close to their
tribe people. The summery of compensation in table 1.2 contains details on
new plots.
GRC for Aynak
Complaint over provision
of essential facilities at
Resettlement site.
The PAFs may have concerns that the
relocated site in As-hab Baba town doesn’t
include all the essential facilities, promised
in the approved RAP.
The PAFs may have complaint regarding
provision of essential services, i.e. delays in
GRC for Ayank
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
water network-house connection system.
Complaint over providing
training and employment
The PAFs may feel that the MCC doesn’t
provide on-the job skill training and or
employment, which has been promised in the
approved RAP.
GRC
Complaint over CDC
formation.
There may be complaints regarding the
process of election for CDC, or in their role
(or that of the implementing agency). Ideally,
such issues can be resolved between the
CDC and the complainant, with the
facilitation of staff from the implementing
agency/IRC social team members as
appropriate. If any Grievance remain
unsolved then the complainant can present
the complaint to the GRC.
CDC
GRC
Annex-1: Monitoring of Grievance Redress Committee:
The work of the GRC will be monitored as per the table given below:
Sl
no
Type
of
gri
evan
ce
Nam
e ag
gri
eved
per
son
No o
f m
eeti
ngs
hel
d (
wit
h d
ate0
Sta
tus
of
case
Tim
e ta
ken
for
reso
luti
on
Ref
eren
ce t
o
court
or
not
Sta
tus
Rem
arks
(see RAP section 7.2 SDRC and 9.1 Internal Monitoring and 9.5 monitoring of grievance redressal
committee).
Grievance Redress Mechanism -Training Manual
Prepared by IRC/CDR Department
Annex-2 Complaints Registration Form
General Information:
Village: ………………………………… District: …………………………………..
NAME OF COMPLAINANT: _______________________________ Taskara(ID)namber: ______________________________
ADDRESS: _________________________________________________ Telephone # : __________________________________
Please point out your complaint from the below list:-
CDC Formation
Inter- community dispute
Process delays.
Compensation for losing of assets.
Other (Specify).
Brief description of the grievance:
What is the perceived cause?
Suggested action (by complainant) to address grievance:
Complainer’s Sign and Finger Print……………………………………………………………………..…….
Date…………………………………………………………….
Receiver and recorder of the issue / complaint Name…………………………………………………………………………………………...
Job title…………………………………….………………………………………………..
Sign……………………………………………………………………………………………...
Date………………………………………………………………………………………….