Project Number: 50347-002

Date: October 2019

TAJ: Dushanbe Water Supply and Sanitation

Project Prepared by State Unitary Enterprise SUE Dushanbe Vodokanal (DVK) for the Asian Development Bank.

Land Acquisition and Resettlement Plan (LARP)

This land acquisition and 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.

Land Acquisition and Resettlement Plan

Project Number: 50347-002 October 2019

TAJ: Dushanbe Urban Water Supply and Sanitation Project

Prepared by the State Unitary Enterprise Dushanbevodokanal This 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. ВouЫ КЭЭОnЭТon ТЬ НТЫОМЭОН Эo ЭСО “ЭОЫmЬ oП uЬО” ЬОМЭТon on ADB’Ь аОЛЬТЭО. 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 or any territory or area.

Dushanbe 2019

REPUBLIC OF TAJIKISTAN MUNICIPALITY OF DUSHANBE

DUSHANBEVODOKANAL

Land Acquisition and Resettlement Plan (LARP)

Dushanbe Urban Water Supply and Sanitation Project

Sanitation Subproject

Dushanbe August 2019

Date Reviewed Created by Checked by Approved by Document code

28.08.2019 13.09.2019

08.10.2019

DVK PIG D. Veselinovic

Funding Agency

Asian Development Bank

Implementing Agency

State Unitary Enterprise Dushanbevodokanal

TABLE OF CONTENTS

Chapter Number

Contents Page

Number

Abbreviations

Glossary 7

Executive Summary 9

1 Project Description 18

1.1 Description and Location of the Project 18

1.2 Objective of the Land Acquisition and Resettlement Plan 21

2 Scope of Land Acquisition and Resettlement 22

2.1 Survey Methodology 22

2.3 Summary of Impact 22

3 Socioeconomic Information and Profile of the Project-affected Population 30

3.1 Background 30

3.2 Profile of the Project Area 30

3.3 Socioeconomic Profile of Surveyed Households 32

3.4 Impact of the Project as Perceived by Surveyed Households 38

4 Information Disclosure, Consultations and Participation 40

4.1 Background 40

4.2 Consultations with Stakeholders and Project Communities 40

4.3 Summary of the Consultations 41

4.4 Information Disclosure 44

5 Grievance Redress Mechanism 45

5.1 Objectives 45

5.2 Grievance Resolution Process 46

5.3 Duties of GRC Members 48

5.4 GRC Complaint Register, Records and Documentation 49

6 Legal and Policy Framework 50

6.1 Types of land ownership and land use rights allocation 50

6.2 Tajikistan Constitution, Law/regulation on Land Acquisition, Resettlement and Compensation

51

6.2.1 Provisions regulated by the Land Code 52

6.3 ADB SPS 2009 Involuntary Resettlement Safeguards 53

6.4 Comparison of the Provisions under ADB SPS 2009 and National Legislation 54

6.5 Project-specific Entitlements 58

6.5 Income Restoration and Relocation Strategy 62

7 Institutional Arrangements 64

7.1 General 64

7.2 Core Agencies and Organizations 64

8 Resettlement Budget 69

8.1 Background 69

8.2 Compensation for Land and Trees 72

8.3 Compensation for Buildings, structures and Improvements 72

8.4 Compensation for Business and Income losses 74

8.5 Allowances 75

8.6 Budget summary 75

9 Land Acquisition and Resettlement Plan Schedule 77

10 Monitoring and Reporting 79

10.1 Monitoring and Reporting Requirements 79

10.2 Internal Monitoring 79

10.3 Short-Term Monitoring 80

10.4 LARP Implementation Report 81

1 USD=9.6849TJS

National Bank of Tajikistan - Official exchange rate of currencies against Somoni (TJS), http://www.nbt.tj/en/ on 23 August, 2019

Tajikistan Average Wage = 1,364.7 TJS/month August 2019

https://tradingeconomics.com/tajikistan/wages

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ANNEXES

Annex 4-1_Community Consultations

Annex 4-2_Cut_ off_ Date

Annex 4-2_Cut-off-Date_Newspaper

Annex 4-3_Project Information Brochure

Annex 5-1_Grievance Logbook

Annex 5-2_Grievance Registration Form

Annex 8-1_Rental Properties in the Project Area

Annex 10-1_Internal Monitoring Templates

ABBREVIATIONS AND ACRONYMS

ADB Asian Development Bank DMS Detailed measurement survey DP AH SUE DVK

Displaced person Affected household State Unitary Enterprise Dushanbevodokanal

EA Executing agency FP Focal person GRC Grievance redress committee GRM Grievance redress mechanism HH Household IR Involuntary resettlement PIG Project Implementation Group LAR Land acquisition and resettlement LARP Land Acquisition and Resettlement Plan TRTA Transaction Technical Assistance RT Republic of Tajikistan SPS Safeguard Policy Statement TJS Tajikistani Somoni (currency)

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GLOSSARY

Displaced

Persons (DP)

‘In ЭСО МonЭОбЭ oП ТnvolunЭКЫв ЫОЬОЭЭlОmОnЭ, НТЬplКМОН pОЫЬonЬ КЫО ЭСoЬО аСo КЫО physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on lКnН uЬО oЫ on КММОЬЬ Эo lОРКllв НОЬТРnКЭОН pКЫkЬ КnН pЫoЭОМЭОН КЫОКЬ.’ (ADB SPS 2009)

Detailed

Measurement

Survey (DMS)

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of DPs. The final cost of resettlement can be determined following completion of the DMS.

Compensation

Payment in cash or in kind to replace losses of lands, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is a method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs.

Cut-off Date The date after which people will not be considered eligible for compensation.

Dekhan Farm

Mid-size land, which is legally and physically distinct from household plots, for which full land use rights, but not ownership, is allocated to either individuals or groups. Regulations concerning dekhan farms in Tajikistan are laid out in Law No. 48 on Dekhan Farms, from 2002.

Encroachers People who have trespassed onto private/government/community land for which they are not authorized to use. If such people arrived before the cut-off-date, they are eligible for compensation for any affected structures, crops or land improvements.

Entitlements

The range of measures comprising cash or in-kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, which are due to DPs, depending on the type, extent and nature of their losses, and which suffice to restore their social and economic base.

Eligibility

Any person who resided in the Project area before the cut-off date that suffers from (i) loss of house, (ii) loss of assets or ability to access such assets, permanently or temporarily, or (iii) loss of income sources or livelihood, will be entitled to compensation and/or assistance.

Household

All persons living under one roof or occupying a separate housing unit, having either direct access to the outside (or to a public area) or a separate cooking facility. Where the members of a household are related by blood or law, they constitute a family. http://www.businessdictionary.com/definition/household.html

Hukumat District administration in Tajikistan

Income

restoration This is the re-establishment of sources of income and livelihood of the affected households.

Income

Restoration

Program

A program designed with various activities that aim to support displaced persons to recover their income / livelihood to the pre-Project levels. The program is designed to address the specific needs of the affected persons based on the Socioeconomic (SES) survey and consultations.

Inventory of

Losses (IOL)

This is a process in which all fixed assets (i.e. lands used for residence, commerce, agriculture; houses; kiosks, stalls and shops; ancillary structures, such as fences, gates, paved areas and wells, affected trees and crops etc.) with commercial value and sources of income and livelihood inside the Project right-of-way (Project area) are identified, measured, their owners identified, their exact location determined, and their replacement costs calculated.

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Jamoat A sub-district level administration

Land Acquisition

Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land/assets for public purposes in return for in-kind replacement or compensation at replacement costs.

Land Acquisition

and Resettlement

Plan (LARP)

A time-bound action plan with budget setting out compensation for affected land/assets and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Non-titled Means those who have no recognizable rights or claims to the land that they are occupying.

Poor

TСО pooЫ КЫО pОЫЬonЬ ЫОРТЬЭОЫОН Лв ЭСО HukumКЭЬ КЬ pooЫ. TСО ‘pooЫnОЬЬ’ ТЬ ЛКЬОН on ЭСО total score of points assigned for income of each household member, home condition, numЛОЫ oП СouЬОСolН’Ь mОmЛОЫЬ, numЛОЫ КnН ЭвpО oП ЛОlonРТnРЬ ЬuМС КЬ К МКЫ КnН agricultural machinery, possession of animal livestock as the main poverty indicators.

Presidential Land Means land for which use rights have been allocated by a Presidential Decree, but ownership remains with the state.

Rehabilitation

This refers to additional support provided to DPs losing productive assets, income, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life.

Replacement

cost

The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any.

Reserve Fund

Land Means land owned by the state and controlled by the district administration that may be rented, mainly for agricultural use.

Resettlement

TСТЬ ТnМluНОЬ Кll mОКЬuЫОЬ ЭКkОn Эo mТЭТРКЭО Кll КНvОЫЬО ТmpКМЭЬ oП ЭСО PЫojОМЭ on DP’Ь property and/or livelihood. It includes compensation, relocation (where relevant), and rehabilitation as needed.

Severely Affected This refers to affected households who will (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project.

Sharecropper A person who cultivates land s/he does not own for an agreed proportion of the crop or harvest.

Significant

impact

Means 200 or more people will experience major impacts, which are defined as; (i) being physically relocated from a house, or (ii) losing 10% or more of their income generating assets.

Vulnerable

Anyone 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 heads of household; (iii) poor households; (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) small farmers (with landholdings of two hectares or less).

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EXECUTIVE SUMMARY

I Project Background

1. The water supply and sanitation systems in Dushanbe have deteriorated over the years due to a combination of age, lack of continued capital investments and lack of proper operation and maintenance. The water supply system is characterized by intermittent operation, high non-revenue water (NRW), low water pressures and low energy efficiency. The expanding urban areas, particularly in the eastern part of the city, are not connected to the water and sewerage system. The lack of public understanding to conserve water as a natural resource combined with low tariffs has led to uncontrolled consumption and wastage of water. 2. The sanitation infrastructure provides only limited coverage within the city and the peri-urban areas. The existing network is in a generally poor condition resulting in potential groundwater pollution and overflows to water bodies and to land. In particular, the south collector sewer is dysfunctional being partly blocked due to poor design and construction leading to critical adverse sanitary and environmental conditions in large areas of the south-eastern part of Dushanbe. 3. The Asian Development Bank (ADB) allocated Grant No. 0612-TAJ in the amount of US $ 41.22 million in accordance with the Financing Agreement for the Dushanbe Water Supply and Sanitation Project (DWSSP). This project is the first ADB-funded project for the SUE "Dushanbevodokanal" (DVK). The scope of work of the allocated grant includes the rehabilitation of water supply, sewerage facilities and the strengthening of the institutional capacity of the SUE "Dushanbevodokanal" to improve its services in the Shohmansur district and the districts located in the south-eastern part of the city. 4. The proposed Dushanbe Urban Water Supply and Sanitation Project will:

Rehabilitate and expand the Dushanbe water supply system including upgrading the eastern section of the Kafarnigan -1 wellfield, construct 12 km of trunk mains, and construct/upgrade reservoirs and pumping stations supplying Shohmansur District, supply approximately an additional 2,000 households with drinking water, establish 18 district metering areas in Shohmansur District to better control water losses, upgrade the water distribution system in selected DMAs and install a SCADA system.

Rehabilitate the South Collector sewer to prevent overflows of raw sewage to water bodies and land.

Develop and pilot test a sustainable business model for SUE-DVK including new network management practices and installation of a smart management system for operator efficiency and asset management.

Provide capacity develop and institutional strengthening for DVK in areas of operation and maintenance, water quality testing, business planning and financial management.

Provide project implementation support for project management, design and construction supervision.

5. At this stage of the Project, works on rehabilitation and construction of the sewerage system will be done. Design of the proposed reconstruction works of the sewerage system has been finalized. Preparation of detailed drawings and cost estimates for the proposed sections of the South Sewerage Collector with length of 9.412 km, and a preparation of technical specifications and bills of quantity have been completed. 6. The rehabilitation of the sewerage system will ensure properly functioning wastewater collector system reducing health hazards from open discharge of raw sewage and improve sanitary conditions across Dushanbe. 7. TСО PЫojОМЭ’Ь МomponОnЭЬ Эo ЛО ЫОСКЛТlТЭКЭОН Тn ЭСО ПТЫЬЭ PЫojОМЭ pСКЬО КЫО ЬummКЫТгОН Тn table E-1.

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Table E1: General Project Components and Components Included in the First Lot

Project components

Project components included in the first lot

17 groundwater wells 106 – wells 22 pumps 3 – areas: districts Shohmansur, Rudaki and Firdavsi. 6 horizontal pumps 9.412 km of sewer collector Construction of the laboratory building

Construction of the reinforced concrete tanks

Reconstruction of pumping station Hovaron

17.2 km transmission mains 57.5 distribution network

Reservoirs

18 district metering areas

9.412 km of sewer collector

8. The EA will be the Local Executive Body of the Dushanbe City, and the IA will be the State Unitary Enterprise Dushanbevodokanal (DVK), under which a project implementation unit for the project called Project Implementation Group was established. The project will be under MOF oversight. The EA and the IA provide its relevant portion of the counterpart funds for the Project including the necessary counterpart funds for (i) the recruitment of national consultants for the detailed engineering, preparation of bid documents and establishment of a grievance mechanism by the EA acceptable to ADB; and (ii) land acquisition and resettlement costs in accordance with the LARP. 9. The preliminary budget for the LARP implementation has already been communicated to the Executive Authority of Dushanbe City and the Ministry of Finance has planned allocation of the LARP budget. The date of allocation of funds for the LARP implementation depends on the finalization and ADB approval of the LARP.

II Scope of Land Acquisition and Resettlement and Impact Summary

10. The main objective of this LARP is to identify all persons and legal entities economically and/or physically affected by the Project, elaborate how they will be compensated or their incomes ЫОЬЭoЫОН, Эo ОnЬuЫО ЭСКЭ ЭСОв КЫО noЭ аoЫЬО oПП ЭСКn Тn К “аТЭСouЭ pЫojОМЭ” ЬТЭuКЭТon, pЫovТНО nОМОЬЬКЫв details for compensation, relocation and rehabilitation measures and to assist them to restore their livelihoods along with providing them proper opportunity for consultation, participation and grievance ЫОНЫОЬЬ.. TСО LARP МomplТОЬ аТЭС RОpuЛlТМ oП TКjТkТЬЭКn lОРТЬlКЭТonЬ КnН ЭСО ЫОquТЫОmОnЭЬ oП ADB’Ь Safeguard Policy Statement (SPS 2009). This LARP is based on the final detailed design for the covered components and it is the Implementation-ready LARP.

11. The scope of the LARP includes: (i) description of the Project, (ii) profile of the DPs and affected communities, (iii) impact, (iv) information disclosure and public consultations with DPs, (v) grievance redress mechanism, (vi) legal framework, (vii) compensation entitlements, assistance and benefits, (viii) resettlement budget and financing plan, (ix) institutional arrangements (x) LARP implementation schedule, and (xi) monitoring of LARP implementation.

12. The affected households (AHs)/Displaced Persons (DPs) Census Survey and detailed measurement survey (DMS) of all affected assets was carried out in May 2018. The updated DMS

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survey, conducted for the newly affected assets and assets where changes in impact after the detailed design occurred, was carried out in August 2019, after completion of the Project detailed design. In addition. Affected assets compensation rates were updated based on the market study reports by a licensed valuators which has been hired by the IA upon completion of the detailed designs and for the purposes of the LARP finalization.

13. The census identified 26 Project-affected households, with a total of 179 household members, plus 13 Dekhan farms and two organizations-legal entities. Dekhan farms and organizations/ legal entities are not included in the number of AHs as they do not participate in the SES study, because, Dekhan farms usually have multiple owners and a farm is commonly run by the management board. Detailed information on different categories of affected households (AHs) and displaced persons (DPs) by impact type, is provided in the impacts section (Chapter 2 of this LARP). A summary of impacts is presented in Table 2-1.

14. In total, 26 households (179 DPs), 13 Dekhan farms and 2 other legal entities will be affected as follows:

- Crops on 21 land plots – 12,620 m² of land; - 79 fruit trees; - 54 fruit saplings - 125 decorative and wood trees; - 2 residential buildings; - 9 support buildings and structures; - 13 other structures; - 2 temporary affected businesses; - 1 business temporary affected renter; - 5 employments; - 7 vulnerable households (54DPs) (no multiple vulnerabilities) - 1 AHs (5 DPs) severely affected losing their home

15. In addition, 2 community assets such as trees, fence-wall and paved area, will be affected. 16. The LARP identified affected crops on 21 land plots. There are no losses of agricultural or residential land. Two legal entities (petrol stations), will temporarily stop their commercial activities during the works. (Table 2-2) 17. There are two AHs losing main and supporting residential buildings affected by the Project. The annexed part of one residential building is constructed on the RoW land, adjacent to the residential plot, thus, not legally or illegally used land, will be lost. Based on the repeated engineering review of the pipes’ alignment through this residential plot, it was decided, due to safety and proximity of the home wall to the pipe tranche, to acquire the main residential building too. The titled land will not be lost but the building needs to be reconstructed a few meters away from the pipe location. The building, paved area, fence, fruit trees and any other asset affected, are measured, valuated and included for compensation. 18. The second residential building had a fundament constructed in the RoW before the cut-off-date. At the time, the owner, living in the main residential building at the same land plot, stated that he does not wish to receive compensation and that the construction will be stopped and taken out from the RoW. During the updated DMS in August 2019, the building was already constructed, and the building is measured and included for compensation as per the Entitlement Matrix. 19. In total, two petrol stations will lose 3 ancillary structures with an area of 184.96 m. These particular losses will not cause any stoppage of the petrol/gas station operation. There are 7 AHs (49 DPs) which will lose fencing walls, paved areas, gates as well as other improvements and structures such as decorative curbs, etc. on land affected by the Project. These impacts were accordingly enumerated, and compensations will be provided as per this LARP. In addition, fence, fruit trees and paved area belonging to a cemetery and one government organization, will be affected. These assets will be replaced during the construction period.

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20. Under this Project, 79 fruit bearing trees and 54 fruit tree saplings will be affected. The owners will receive full compensation for the loss of fruit trees and saplings. In addition, 7 AHs will lose a total of 125 wood and decorative trees such as pines, poplar and perch. 21. DuО Эo ЭСО PЫojОМЭ’Ь ТmpКМЭ, 2 operating businesses will be temporarily affected. In total, two petrol/gas stations need to stop their businesses for one to two months due to the installation of the sewer tube. TСО ЭОmpoЫКЫв ЬЭoppКРО oП ЭСО pОЭЫol ЬЭКЭТonЬ’ opОЫКЭТon, аТll КППОМЭ ПТvО ОmploвООЬ. Affected DPs will be provided with compensation/ indemnity for the duration of 2 months as per the Entitlement Matrix. 22. Only one AHs with five DPs (1 AHs/5 DPs), will experience severe impact on their livelihood. This СouЬОСolН аТll ЫОМОТvО К ЬОvОЫО ТmpКМЭ КlloаКnМО ОquКl Эo 3 monЭСЬ’ КvОЫКРО nКЭТonКl аКРОЬ and other applicable allowances as per the Entitlement Matrix. During the LARP implementation and continuous monitoring, a special attention will be given to this household. 23. The Project will be deemed a CКtОРoЫy “B” ПoЫ InЯoluntКЫy RОsОttlОmОnt unНОЫ ADB SPS 2009. The internal monitoring will be conducted by the PIG, assisted by the PIG and the Project Management Consultant (PMC) resettlement specialists. During the LARP implementation, a special attention will be given to vulnerable and severely affected households. 24. The summary of impact is presented in the following table:

Table E-2: Summary of Project Impact

Type of impact Households/ (DPs)

Legal entities, businesses, renters

Community/ Government entity

1. Total number of affected households (people in brackets) and legal entities – non-overlapping and not double counted between categories

26 (179) 2

2. Dekhan farms 13

3. Physically displaced (households, renters)

1 (5) 0 0

4. Severely affected whereby more than 10% of productive asset/income generating facility is taken (including physically displaced AHs).

1 (5)

5. Business/income loss (owner of one petrol station and renter of the second petrol station) – temporary impact

2 (15)

6. Number of employees affected by the project (temporary impact)

5 (28)

25. There were 7 (54 DPs) vulnerable and 1 (5 DPs) severely affected households in the area covered by this Project.

III Socioeconomic Information and Profile of the Affected Population

26. The Socioeconomic survey (SES) and census survey in the Project area were conducted in May 2018 and updated in August 2019. In total, 26 AHs (172 persons) were surveyed. Two AHs, one owner and one renter of the petrol stations did not agree to participate at the SES study. The SES included owners, renters and users of affected lands and buildings, owners and renters of permanently and temporarily affected businesses, DPs who will temporarily lose employment as well as persons who will be severely affected by the Project.

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27. The surveyed population lives in villages/streets located along the sewerage networks. Each Project village has facilities and utilities such as electricity, mostly combined primary and secondary schools, basic healthcare facilities and religious facilities. Piped water is mostly available in the Project villages. Those without water supply, rely on purchasing water for daily usage.

28. Generally, the Project population is well educated. More than 65% of the head of households of the sample have completed secondary education and further 34.6% completed higher education. The main (self-reported) sources of income are income from employment as a civil servant income from pension. There are no unemployed head of households and reported unemployment among other household members is 1.16%. MoЬЭ oП ЭСО СouЬОСolНЬ’ ТnМomО ТЬ МonМОnЭЫКЭОН Тn ЭСО Эаo loаОЬЭ categories: 300-1,000 TJS (38.46%) and 1,100-2,000 TJS 34.62%) per month. The average monthly expenditure for the surveyed households is 1,447.21 TJS, with the largest portion (60.86%) spent on food. Reported average monthly expenses are lower than the average monthly income by 545.20 TJS. When decision-making processes are considered, the SES study showed that women are consulted and take part in the decision-making processes in all major family activities.

29. The surveyed people stated that they believe the main Project benefits are development, prosperity, less diseases and better future.

IV Information Disclosure, Consultations and Participation

30. The TRTA Consultant, the DVK officials and the local authorities, conducted 16 consultations with the DPs, with stakeholders in the Project district, with females organized in focus group discussions and consultations with women and men from vulnerable and severely affected households. In total, 475 persons (266 men and 209 women) participated in the consultations conducted in May 2018 and August 2019. Participants received information about the Project, LAR processes, bidding process and expected time for the beginning of the works, as well as the Project Information Brochure (in Tajik language) detailing the Project-specific entitlements, government decree on the cut-off date established as of 8 May 2018, establishment of the GRM and details on the GRM procedure. Participants were supportive of the Project and wanted to know the start of the Project. 31. After the Republic of Tajikistan Government and ADB approvals, the draft LARP will be uploaded to the ADB and DVK websites as well as hard copies will be made available at the offices of local authorities in local language prior the start of implementation.

V Grievance Redress Mechanism

32. The scope of the GRM is to address issues related to involuntary resettlement, social and environmental performance, and information disclosure. The DPs will have the right to file complaints and/or queries on any aspect of the Project, including land acquisition and resettlement, and appeal any decision, practice or activity related to the Project. The DVK will ensure that grievances and complaints about any aspect of the project are addressed in a timely and effective manner. 33. The Grievance Redress Committee at the Project level was established in May 2018 and will function for the duration of the project's implementation. A Focal Person (FP) for the GRC was appointed. A GRC at Dushanbe city level will be established after the approval and disclosure of this LARP prior the start of implementation. All efforts will be made to settle issues at the Project level.

VI Legal and Policy Framework

34. The Constitution, Land Code and Civil Code of the Republic of Tajikistan are the fundamental laws on which the legislation is based. The framework for the Project is based on ADB SPS 2009

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requirements and applicable laws, regulations and policies. The threО ТmpoЫЭКnЭ ОlОmОnЭЬ oП ADB’Ь involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later. 35. The policy framework for the Project is based on the Law of the Republic of Tajikistan and the ADB Safeguards Policy Statement of 2009. In the legislation of Tajikistan, there is no special law or policy, which regulates the issues of resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs. Moreover, there is no separate law that completely provides norms and mechanisms for the determination of the full and fair, market value of land. 36. The framework for the Project is based on ADB SPS 2009 requirements and applicable laws, ЫОРulКЭТonЬ КnН polТМТОЬ. TСО ЭСЫОО ТmpoЫЭКnЭ ОlОmОnЭЬ oП ADB’Ь ТnvolunЭКЫв ЫОЬОЭЭlОmОnЭ polТМв КЫО (Т) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later. 37. The key legislative acts regulating land management relations and the ownership rights to immovable properties in the Republic of Tajikistan are the following: Constitution of the Republic of Tajikistan (1994, as amended in 2003)

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Land Code (amended in 2012)2

Land Code (amended in 2008)3

Civil Code (amended in 2007)4

RОРulКЭТon “КЛouЭ МompОnЬКЭТon oП loЬЬОЬ Эo ЭСО lКnН uЬОЫЬ КnН loЬЬОЬ oП КРЫТМulЭuЫКl pЫoНuМЭЬ” (КppЫovОН Лв ЭСО DОМЫОО oП GovОЫnmОnЭ oП RОpuЛlТМ oП TКjТkТЬЭКn, 2011. № 641)

5

38. All DPs in the Project are entitled to compensation and resettlement assistance, irrespective of their land ownership status, to help restore their livelihoods to pre-Project levels. The combination of compensation measures and resettlement assistance offered to them depends on the nature of the loЬЭ КЬЬОЭЬ КnН ЭСО mКРnТЭuНО oП ЭСО PЫojОМЭ’Ь ТmpКМЭ КЬ аОll КЬ ЭСО ЬoМТКl КnН ОМonomТМ vulnОЫКЛТlТЭв of the displaced persons. The compensation packages must reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.). 39. According to the adopted Project Specific Entitlement Matrix, which is based on the Republic oП TКjТkТЬЭКn’Ь LКаЬ КnН ЭСО ЫОquТЫОmОnЭЬ oП ADB’Ь SPS (2009), DPЬ ОlТРТЛlО ПoЫ МompОnЬКЭТon КnН/oЫ at least rehabilitation are: (i) all DPs losing land covered by legal title; (ii) owners of buildings, crops, plants, or other structures attached to the land, regardless of their legal title, and (iii) DPs losing their businesses, income, and salaries, regardless of their legal status. The Project-specific Entitlement Matrix, relevant to the Project impacts is provided in Table E-3 below.

Table E-3: Project-Specific Entitlement Matrix

No Asset Displaced Person

Compensation Entitlements

Permanent Loss

1 Constitution, November 6, 1994, as amended on 22 June 2003.

2Land Code of the Republic of Tajikistan as amended on 01 August 2012

3 Land Code, as amended by N 498 from December 12, 1997., N 746 from May 14_ 1999, N 15 from May 12,

2001, N 23 ПЫom FОЛЫuКЫв 28, 2004. FЫom 28.07.2006 №199, ПЫom 5.01.2008 №357, ПЫom 18.06.2008 №405. 4 CТvТl CoНО, КЬ КmОnНОН Лв AuРuЬЭ 6, 2001, N 41: MКв 3 2002 №5, MКЫМС 1, 2005, N 85; ApЫТl 29, 2006 №180,

May 12, 2007. №247). 5 Approved by the Decree of Government of Republic of Tajikistan, December 30, 2011. №641.

14

No Asset Displaced Person

Compensation Entitlements

1

Agricultural land (all losses irrespective of severity)

Individual land-use rights holders

Cash allowance for loss of land use rights equal to net income in the last 5 years generated from the affected land area, at market rate, at the time of taking; or Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Collective land-use rights holders

Cash allowance for loss of land use rights equal to net income for the last 5 years generated from the affected land area at market rate at time of revocation; or Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining part of the plot to be taken is too small to use, the whole plot is compensated or exchanged. Agriculture leaseholders will be compensated for 1 year of lost crops from the affected area.

Renters and leaseholders

Rental allowance in accordance with the conditions of the rent agreement, but not less than the cost of rent for 3 months; or Continuation of rental agreement on alternative land plot or cash allowance for the lost income equivalent to 1 year of average crop productivity.

Informal (if any)6 Provision of opportunity to lease a plot on state land. Relocation allowances.

2

Residential and commercial land

Owners

Cash allowance for loss of land use rights in cash equal to current annual land lease rates at the time of acquisition multiplied by 25; or Provision of alternative land plot of equal value/productivity (similar conditions and facilities) to plot lost. If the residual portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Renters Rental allowance in accordance with the conditions of the rental

agreement, but no less than the cost of rent for 3 months, or Continuation of the rental agreement on an alternative land plot.

Informal (if any) Provision of opportunity to lease a plot on state land. Relocation allowance if applicable.

3

Buildings and structures

Owners of structures including “ТnПoЫmКl” КnН encroaching

Cash compensation at replacement rate for affected structure/other fixed assets (without deduction of depreciation, taxes, costs for salvageable materials and other transaction costs). All buildings and structures will be compensated in their entirety; or

AММoЫНТnР Эo ЭСО oаnОЫ’Ь МСoТМО, ТП ПОКЬТЛlО, К ЛuТlНТnР ПoЫ building/structure for structure exchange.

Renters

Rental allowance in accordance with the conditions of the rental agreement, but not less than cost of rent for 3 months; or

Continuation of the rental agreement for an alternative building/structure.

4 Crops All DPs, including “ТnПoЫmКl” КnН ОnМЫoКМСТnР

Cash compensation equal to gross income generated on the affected land area for 1 year at market rate at time of census.

5 Trees All DPs, including “ТnПoЫmКl” КnН ОnМЫoКМСТnР

Compensation reflecting income replacement. Cash compensation for productive trees based on the net market value of 1 year of income multiplied by the number of years needed to grow a tree to a similar level of productivity, plus purchase of saplings and starting materials. Wood trees are not compensated and DPs keep cut trees.

6. Business and All DPs (including workers Owners of shops / commercial establishments:

6LКnНlОЬЬ DPЬ аТЭСouЭ ЫТРСЭЬ Эo uЬО lКnН, lТvТnР on ТnМomО ПЫom ЭСО ТllОРКllв uЬОН lКnН ploЭ. DPЬ oаnТnР lКnН КНjКМОnЭ Эo ЭСО ТllОРКllв uЬОН pКЫМОl аТll ЛО МompОnЬКЭОН ПoЫ loЬЬОЬ ПЫom ЭСО ТllОРКllв uЬОН pКЫЭ КЬ pОЫ ЭСО ОnЭТЭlОmОnЭ mКЭЫТб.

15

No Asset Displaced Person

Compensation Entitlements

employment (temporary and permanent)

of affected businesses In case of permanent loss, compensation equal to (up to) 1 вОКЫ’Ь nОЭ ТnМomО (loЬЭ pЫoПТЭЬ) pluЬ МoЬЭ oП loЬЭ certificates/licenses/ patents. The income is based on the official tax declaration, or (if tax declaration is unavailable) it is accepted as the official monthly average wage7 multiplied by (up to) 12.

In case of the temporary loss of a business, compensation equal to the net income for the period of disruption (<1 year). The income is based on the tax declaration, or it is calculated based on the monthly average wage multiplied by the number of months since the operation was disrupted (less than 12 months).

WoЫkОЫЬ ТnНОmnТЭв ПoЫ loЬЭ аКРОЬ ОquКl Эo 3 monЭСЬ’ ТnМomО. For temporary loss of employment, indemnity for lost wages for the duration of impact if less than 3 months.

7. Relocation Physically displaced households regardless of type of impact

Transportation allowance (cost of labor and vehicle rent to transport materials and belongings of the affected house/business structures and stocks to a new location.

Communal and site preparation cost for the alternative land plot (including connection to power grid, water supply system, installation of latrine etc.).

8 Severely affected households

DPs losing more that 10% of agricultural land/ income resources, DPs needed to physically relocate due to loss of home or business.

Severity/livelihood rehabilitation allowance in the form of cash compensation equal to the official monthly average wage for 3 months.

9. Vulnerable households

DPs receiving government assistance for poor, single women-headed HH below poverty line, elderly households, households with no means of living, households headed by disabled person or other HH members.

Allowance equivalent to official monthly average wage for 3 months; Enrolment in Government social assistance, if not yet enrolled;

Priority in project-related employment for members of vulnerable households (if at legal working age).

10. Public / common assets

Rehabilitation/substitution in kind or in cash at replacement cost

of affected items and rehabilitation of their functions. Alternative service supplied, if cut off temporarily.

Temporary Loss

11. Temporary impacts

All relevant DPs

For unforeseen and temporary impacts other than stated above, ADB SPS (2009) general principles and objectives will be used as the minimum benchmarks, and appropriate impact mitigation measures will be sought to meet them.

The payment for rented land during the construction, will be based on the market price under negotiated agreement. After discontinuation of land use, the land must be restored to the original status, or as per the agreement with the land rights holder8.

Unanticipated impacts

12.

Other unanticipated assets loss or impact on livelihood

All DPs residing in the project corridor before the cut-off date.

Compensated as per the Project-specific Entitlement Matrix.

7 The latest published official average monthly wage for March 2019 is 1,364.70 TJS/month and reported within

macroeconomic indicators by the Agency on Statistics under President of the Republic of Tajikistan. Available via: http://stat.tj/en/macroeconomic-indicators/ and http://www.tradingeconomics.com/tajikistan/wages 8 In ЭСО МКЬО ЭСКЭ ЭСО ConЭЫКМЭoЫ КnН LКnН-uЬО ЫТРСЭЬ СolНОЫ ЛoЭС КРЫОО Тn аЫТЭТnР Эo lОКvО ЭСО lКnН КЫОК Тn К ЬЭКЭО pЫОМТЬОlв НОЬМЫТЛОН Тn ЭСО КРЫООmОnЭ.

16

VII Institutional Arrangements

40. The core agencies and organizations involved in the LAR process are: ADB, Dushanbevodokanal, Dushanbe City authorities, Ministry of Finance, Ministry of Agriculture, State Committee for Land management and Geodesy (SCLMG), State Unitary Enterprise for Valuation (SUE) ‘NКЫkСРuгoЫТ’, DТЬЭЫТМЭ AuЭСoЫТЭТОЬ, LoМКl EбОМuЭТvО GovОЫnmОnЭ DТЬЭЫТМЭЬ (СukumКЭs), jamoats, LAR Committee, and other state agencies. The institutional arrangement for the implementation of the LARP is presented in Chapter 8, figure 8-1 in this document.

VIII Resettlement Budget

41. The total implementation cost of the LARP, including compensation, rehabilitation allowances as well as administrative costs for LARP implementation and contingency, amounts to 635,942.31

TJS which is equivalent to $ 65,663.26 (as per the exchange rate on 23 August 2019 (1USD=9.6849 TJS) National Bank of the Republic of Tajikistan. Displaced persons will be paid 504,716.12 TJS ($ 52,113.70) which includes compensation for losses and applicable allowances.

IX Land Acquisition and Resettlement Plan Implementation Process

42. The Implementing Agency (IA) updated the LARP after the completion of the detailed design and begin the implementation of the LARP immediately after its approval by ADB and the Government of the Republic of Tajikistan. The official cut-off date was established as 8 May 2018 (Annex 4-2). However, the LARP update was completed in August 2019 and all new DPs found in the Project corridor were included in the list of DPs. LARP preparatory activities included:

(i) extensive consultations with key stakeholders and DPs including consultations with new DPs conducted in August 2019;

(ii) setting entitlements and compensation amount based on the agreed entitlement provisions;

(iii) identification of impacts and number of DPs, conducting the detailed measurement survey updated in August 2019 for all AHs with changed impacts and newly affected AHs;

(iv) updated valuation of all affected assets and determination of compensation amount and the LAR budget in August 2019;

(v) preparation of the LARP document; (vi) submission of the LARP to the PIG of DVK and ADB for comments and approval

(September -October 2019).

43. The LARP will be approved by ADB and the Government of Tajikistan. IA will give advance notice to the DPs and pay their due compensation based on the eligibility criteria defined in this LARP and prior to the start of construction work. Grievances or objections (if any) will be redressed as per the grievance redress proceНuЫО pЫОЬОnЭОН Тn ЭСТЬ LARP. All КМЭТvТЭТОЬ ЫОlКЭОН Эo LAR (ТnМluНТnР ADB’Ь noЭТМО oП ‘no oЛjОМЭТon’ Эo ЭСО compliance of LARP implementation) will be completed prior to the commencement of civil works which is tentatively scheduled for 1 December 2019.

44. The tentative timeline presented in the following table shows the distinct stages of LARP preparation, finalization and implementation.

17

Table E-4: LARP Preparation and Implementation Schedule

LARP FINALIZATION

Activity Responsible party Start date End date

Update of the LARP based on final design

TRTA Consultant 05/08/2019 13/09/2019

Submission of LARP to DVK and ADB for comments and approval

TRTA Consultant 13/09/2019

ADB/DVK comments addressed TRTA Consultant 13/09/2019 20/09/2019 LARP approval/no objection by the government (including LAR budget)

DVK/Government of the Republic of Tajikistan

20/09/2019 27/09/2019

Posting approved LARP on ADB and DVK websites

ADB and DVK 27/09/2019

LARP IMPLEMENTATION 27/09/2019 30/11/2019

Disbursement of compensation DVK/DPs 27/09/2019 30/10/2019 Preparation of LARP Monitoring Report

PMCSC 30/10/2019 15/11/2019

ADB reviews the LARP Compliance Report

ADB 15/11/2019 30/11/2019

ADB approves the LARP Compliance Report

ADB 30/11/2019

Commencement of works Contractor 01/12/2019

CONTINUOUS TASKS

Internal Monitoring: Semiannually monitoring reports

DVK

Grievances redress DVK DVK – Dushanbevodokanal

PMCSC – Project Management and Contract Supervision Consultant TRTA –Transaction Technical Assistance DPs – Displaced Persons

X Monitoring and Reporting

45. The implementation of this LARP will be subject to internal monitoring as the Project will not trigger a significant involuntary resettlement impact. The ADB SPS 2009 considers involuntary resettlement impacts significant if 200 or more persons will be physically displaced from their home or lose 10% or more of their productive or income-generating assets. There are 9 AHs with 27 DPs who will be severely affected by the Project through demolition of residential buildings or losing crops from more than 10% of their agriculture land which is their main source of income. Consequently, the Project will be deemed a Category B for Involuntary Resettlement under ADB SPS 2009. The internal monitoring will be conducted by DVK PIG, assisted by the resettlement specialist who will advise on safeguard compliance issues and prepare LARP monitoring report(s). 46. The PIG will monitor performance (physical progress of the LARP implementation against milestones set in the LARP), impact (whether the objectives to restore the living standards of the affected population, especially severely affected, have been properly considered and executed) and LARP compliance indicating whether the compensation program has been carried out in accordance аТЭС ЭСО pЫovТЬТonЬ oП TКjТkТЬЭКn’Ь lКаЬ КnН ADB polТМТОЬ, КnН Эo ЭСО ЬКЭТЬПКМЭТon of the DPs.

18

1 PROJECT DESCRIPTION

1.1 Description and Location of the Project

47. Dushanbe, the capital city, has an official population of around 800,000 but unofficially has almost a million due to increased migration from rural areas and the significant numbers of overseas workers returning to Dushanbe.

9 Urban migration added stress to the aging urban infrastructure and

led to unplanned expansion of the city with low density patterns and limited access to urban services. This has led to environmental degradation resulting in high coping costs and poor city livability for citizens as well as limiting the economic growth prospects for the city. This is especially true for the water supply and sanitation services, which are under the responsibility of the State Unitary Enterprise SUE Dushanbe Vodokanal (DVK). The City initiated development of a masterplan to comprehensively plan investments to meet the demands of the expanding population, identifying water supply and sanitation investments as a priority. 48. The water supply and sanitation systems in Dushanbe, have deteriorated over the years. It is characterized by intermittent operation, high nonrevenue water (NRW), low water pressures, and low energy efficiency. The expanding urban areas particularly in the eastern part of the city are not connected to the water and sewerage systems. The lack of public understanding to conserve water as a natural resource, combined with low tariff, led to uncontrolled consumption and wastage of water. Water consumption is 330 liters per capita per day.

10 Poor water quality and frequent water

contamination has resulted in high incidences of diarrhea in children aged 6 to 11 months and diarrhea-related deaths among children aged 1-5 years due to water-borne diseases.

11 The ensuing

loan and the transaction technical assistance (TRTA) is listed in the ADB country operations business plan 2018-2020 for Tajikistan.

12

49. The current sanitation situation is characterized by a worn-out sewerage network covering only about 60% of the city, a collector system with insufficient capacity or being non-functional, and an ineffective wastewater treatment due to the critical condition of infrastructure and a high dilution of wastewater. There is a clear need for institutional capacity development to improve the utility's level of services. In a first step, 20-year road maps for water supply and sanitation were developed taking into account the considerations and development projections of the city's master plan and the lessons learnt from the previous and ongoing World Bank projects. 50. The South Collector is a part of the sewerage network of the city of Dushanbe. It was designed and built in the 1970s. For unloading of the South and 15th Collector in 1988, 16 Collector DN1400-DN1600mm was designed from the connection point of the Collector 15 to the connection to the Collector No. 10. However, the construction of the 16th Collector has not been implemented. 51. The Asian Development Bank (ADB) allocated Grant No. 0612-TAJ in the amount of US $ 41.22 million in accordance with the Financing Agreement for the Dushanbe Water Supply and Sanitation Project (DWSSP). This project is the first ADB-funded project for the SUE "Dushanbevodokanal" (DVK). The scope of work of the allocated grant includes the rehabilitation of water supply, sewerage facilities and the strengthening of the institutional capacity of the SUE

9 ADB. 2016. Country Partnership Strategy: Tajikistan, 2016–2020. MКnТlК. 10 ADB. 2016. Asian Water Development Outlook. MКnТlК. 11 OбПКm. 2016. Development Impact Bond for Ensuring Sustained Improvements to Water and Sanitation Services in Tajikistan. PЫОЬОnЭКЭТon Лв DЫ. JonКЭСКn PКЫkТnЬon. 26 SОpЭОmЛОЫ 2016. ГuЫТМС. AvОЫКРО pОЫ МКpТЭК ОМonomТМ ТmpКМЭ oП ТnКНОquКЭО аКЭОЫ Ьupplв КnН ЬКnТЭКЭТon ЬОЫvТМО ТЬ КЛouЭ $35.00 pОЫ pОЫЬon/вОКЫ, oП аСТМС $25.00 pОЫ pОЫЬon/вОКЫ ТЬ ЭСО МopТnР МoЬЭ ПoЫ noЭ ТmpЫovТnР аКЭОЫ Ьupplв, КЛouЭ $3.00 pОЫ pОЫЬon/вОКЫ МoЬЭ ЫОlКЭОН Эo аКЭОЫ ЛoЫnО НТЬОКЬОЬ КЭЭЫТЛuЭКЛlО Эo pooЫ аКЭОЫ Ьupplв, $4.00 pОЫ pОЫЬon/вОКЫ КЭЭЫТЛuЭКЛlО Эo pooЫ ЬКnТЭКЭТon, КnН $2.00 pОЫ pОЫЬon/вОКЫ МoЬЭ ЫОlКЭОН Эo МonЭКmТnКЭТon oП аКЭОЫ ЫОЬouЫМОЬ НuО Эo pooЫ ЬКnТЭКЭТon; КnН WoЫlН BКnk. 2010. Adapting to Climate Change in Eastern Europe and Central Asia. WКЬСТnРЭon, DC. 12 TСО pЫojОМЭ КnН ЭЫКnЬКМЭТon ЭОМСnТМКl КЬЬТЬЭКnМО КЫО ТnМluНОН Тn ADB Country Operations Business Plan: Tajikistan, 2018–2020. MКnТlК. TЫКnЬКМЭТon ЭОМСnТМКl КЬЬТЬЭКnМО ТЬ pЫovТНОН Тn AppОnНТб 3.

19

"Dushanbevodokanal" to improve its services in the Shohmansur district and the districts located in the south-eastern part of the city. 52. The proposed Dushanbe Urban Water Supply and Sanitation Project will:

Rehabilitate and expand the Dushanbe water supply system including upgrading the eastern section of the Kafarnigan -1 wellfield, construct 12 km of trunk mains, and construct/upgrade reservoirs and pumping stations supplying Shohmansur District, supply approximately an additional 2,000 households with drinking water, establish 18 district metering areas in Shohmansur District to better control water losses, upgrade the water distribution system in selected DMAs and install a SCADA system.

Rehabilitate the South Collector sewer to prevent overflows of raw sewage to water bodies and land.

Develop and pilot test a sustainable business model for SUE-DVK including new network management practices and installation of a smart management system for operator efficiency and asset management.

Provide capacity develop and institutional strengthening for DVK in areas of operation and maintenance, water quality testing, business planning and financial management.

Provide project implementation support for project management, design and construction supervision.

53. At this stage of the Project, works on rehabilitation and construction of the sewerage system will be done. Design of the proposed reconstruction works of the sewerage system has been finalized. Preparation of detailed drawings and cost estimates for the proposed sections of the South Sewerage Collector with length of 9.412 km, preparation of technical specifications and bills of quantity have been completed. 54. In the sanitation sector investments of about USD 285 million are estimated for the next 20 years. The main interventions in the sanitation system include the following:

(i) rehabilitation and extension of the collector system; (ii) rehabilitation of the mechanical treatment at the existing wastewater treatment plant

(WWTP); (iii) rehabilitation and extension of the sewerage network; (iv) construction of a main collector to the new waste-water treatment plant (WWTP) located

outside the city, and (v) planning and realization of the first stage of a new WWTP (planned in the next 20 years of

the network development). 55. The City initiated development of a masterplan to comprehensively plan investments to meet the demands of the expanding population, identifying water supply and sanitation investments as a priority. Based on the water supply and sanitation road maps, identified priority project aims at reducing non-revenue water (NRW) in Shohmansur district and at improving the sanitary condition in the south-eastern part of Dushanbe. This priority area was chosen due to the:

(i) urgent need for rehabilitation of the sewerage network and the collector system, and (ii) fact that the foreseen interventions do not overlap with the World Bank's activities.

56. The proposed Project financed by ADB, will focus on Shomansur district, located in the southeast part of the city. Project implementation support includes construction supervision and strengthened management structure with additional staff and capacity development trainings. 57. The figure 1 shows the location of the proposed Project.

20

Figure 1: Project Location Map

La

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nea

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e

air

po

rt

We

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ea

r th

e

air

po

rt.

Sp

ort

p

lay

gro

un

d

Col

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oЫ №

15

Riv

er

Cro

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ing

K – Existing sewerage collector K1 – Designed sewerage collector

21

1.2 Objective and Scope of the Land Acquisition and Resettlement Plan

58. The main objective of the LARP is to identify persons economically and/or physically displaced (DPs) due to the Project and to assist them to restore their livelihoods. The LARP complies with the relevant laws of the Republic of TajikistКn КnН ЭСО ЫОquТЫОmОnЭЬ oП ADB’Ь SКПОРuКЫН PolТМв Statement (SPS) 2009.The LARP has been prepared to:

(i) address and mitigate impacts caused by the project; (ii) ОnЬuЫО МomplТКnМО аТЭС ADB’Ь SPS (2009) ЫОquТЫОmОnЭЬ КnН (iii) determine compensation, resettlement and rehabilitation assistance for the affected

households.

59. The scope of the LARP includes: (i) updated profile of the affected communities and DPs; (ii) impact determined by the updated Detailed Measurement Survey (DMS) on all affected assets; (iii) information disclosure and public consultations with DPs; (iv) the policy and framework for compensation payments and rehabilitation; (v) complaints and grievance redress mechanism; (vi) resettlement budget; (vii) institutional framework; (viii) updated LARP implementation schedule, and (ix) monitoring of LARP implementation.

60. The LARP is based on the detailed Project design and therefore, considered as the implementation-ready LARP. The following steps were taken for the completion of this LARP:

(i) disclosure of Project information and consultations with DPs; (ii) completion and updates of the socioeconomic survey (SES) and census of DPs; (iii) inventory of losses for all AHs; (iv) completion and update of detailed measurement surveys (DMS), description and

valuation of the affected land, buildings, structures and other assets; (v) preparation of the compensation budget for identified losses.

22

2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT AND IMPACT

SUMMARY

2.1 Survey Methodology

61. One of the key principles adopted for the preparation of this LARP is that all compensation payments and livelihood restoration assistance must be based on a detailed understanding of the Project impacts on displaced people. For this LARP, data was collected in May 2018 and updated in August 2019 upon completion of the detailed design for the sewerage component of the Project. In oЫНОЫ Эo КММuЫКЭОlв КЬЬОЬЬ ЭСО ОбЭОnЭ oП ЭСО PЫojОМЭ’Ь LAR ТmpКМЭЬ, ЭСО ПolloаТnР ЬuЫvОвЬ КnН valuations were undertaken and updated:

(i) Detailed Measurement Survey (DMS) - to measure the affected area of the lands, buildings, and the number and types of affected assets.

(ii) Valuation of Replacement Cost of the Affected Assets - to identify the cost of compensation of lost assets, income and other livelihood sources and allowances for development of the LARP budget.

(iii) Census Survey - to identify the number of AHs and number of DPs.

(iv) Socioeconomic Survey (SES): to identify the current socioeconomic condition of displaced individuals and households and business owners as well as perceptions of Project impact on their livelihood.

62. Census and the Detailed Measurement Survey (DMS) of affected assets was conducted by the raisi mahalle (chiefs of the affected villages), jamoats representatives, DVK representatives, water and sewerage engineers, and international and national resettlement specialists, with the participation of the DPs. The DVK engaged a licensed valuation company to independently evaluate affected buildings, constructions, and other immovable assets except agricultural and other land and crops. The DMS was conducted in May 2018 and updated for the newly affected persons and those having changed impacts after the detailed design, in August 2019. The details on impact are presented further in this chapter.

63. The scope of the DMS and assets inventory included the identification, classification, measurement and valuation of the following losses:

(i) affected land and crops; (ii) trees and other vegetation affected; (iii) buildings/structures (residential, ancillary structures, business structures); (iv) affected businesses; (v) loss of employment; (vi) number, type and area of affected community/ public assets.

2.2 Summary of Impact

64. In total, there are 26 displaced households with 179 displaced persons (90 males and 89 females), 13 Dekhan farms and two petrol stations – legal entities. The standing crops will be affected mostly in narrow strips (10 m wide strips) while the sewerage pipes are placed. There are 13 dekhan, 5 presidential farms who will lose standing crops on 12,620 m². (Table 2-1) After installation of pipes, the owners will not be allowed to plant trees or construct permanent or temporary structures over the buried pipes. The agricultural activity will continue on farm-lands after installation of pipes and no ROW restrictions will be applied. 65. In total, displaced households will be affected as follows:

- Crops on 21 land plots – 12,620 m² of land;

23

- 79 fruit trees; - 54 fruit saplings - 125 decorative and wood trees; - 2 residential buildings; - 9 support buildings and structures; - 13 other structures; - 2 temporary affected businesses; - 1 temporary affected business renter; - 5 employments; - 7 vulnerable households (54DPs) - 1 AHs (5 DPs) severely affected

66. In addition, 2 community assets such as trees, fence-walls, paved area etc. will be affected.

Table 2.1: Summary of Impact

Impact category

Total

Remarks No of affected

units

No of AHs (double counting)

No of AHs /legal entities (without double counting)

No of DPs (without double counting)

A. Impact on Crops

A1. Crops 21 18 18 40 13 DKH +5 Presidential farms

B. Impact on Buildings

B1. Residential 2 2 2 12

B2. Commercial (petrol station sheds and fuel dispenser)

2 2 2 15

B3. All support buildings and structures

9 6 5 40 1 AHs included in B2

B4. All other structures (paved area, concrete stairs etc)

13 7 3 21 4 AHs Included in B1 and B2

C. Impact on Trees

C1. Fruit trees 79 33 5 23 28 AHs included in B1- B4

C2. Fruit saplings 54 14 0 0 All AHs included in B1, B3 and C1

C3. Decorative and wood trees 125 12 0 0 All included in B1, B2, B3, B4 and C1

D. Impact on Business

D1. Business owners (petrol stations)

2 2 0 0 2 business owners included in B2

D2. Business renter (temporary impact on petrol stations)

1 1 1 0

E. Impact on Employment

E. Temporary employment loss 5 5 5 28

F. Vulnerable and Severely Affected Households

F1. Vulnerable households 7 54 2 AH included under C1, 1 AH under B1, 3 AHs included under B3 and 1 AH included under A1

F2. Severely affected households 1 5 Included under B1

Total 313 102 41 179

24

Impact on crops

67. There is no land affected by the Project. Loss of crops will affect 18 household with 35 DPs, 6 Dekhan farms. The crops will be affected during the placement of pipes. However, if the pipes are laid after the harvest, the impact on crops will be avoided or at least significantly minimized. The contractor will be required to inform local farmers on the work schedule well in advance, so the DPs harvest the standing crop, if practicable. The most affected crops are fodder (Lucerne) with 7,960 m², followed by wheat and vegetables. There are seven Dekhan farms losing crops from more than 10% of their land. They will be able to use the land for agricultural activities after the project is completed. 68. The crops impact data are summarized in Table 2-2 and details are presented in Table 2-2 a.

Table 2-2: Impact on Crops

Land category/ cultivation

Land use right

Total area (m2)

Affected area (m2)

No of AHs No of DPs

Agricultural land

Corn others 3,200 790 4 35

Corn Dekhan farm (6 land plots)

86,200 2,720 0 0

Lucerne (Dekhan farm) 71,500 7,960.00 6 0

Vegetables others 700 310 1 5

Vegetables (Dekhan farm 4 land plots)

41,500 840 0 0

Total 203,100 12,620 18 (without

double counting 40

Table 2-2 a: Details on Crops Affected

No Name of the dekhan farm/ Head of AHs

Type of land

Affected crops

Vulnerable 1=yes

Total land holdings (m2)

Temporary affected area (m2)

% of affected land

1 "H" Agricultural Corn 20,000 1,430 7.15% 2 "R" Agricultural Lucerne 15,000 2,500 16.67% 3 "Sh" Agricultural Lucerne 15,000 4,100 27.33%

4 "M. N." Agricultural

Vegetables 3,500 280 8.00%

Lucerne 3,500 240 6.86% 5 N. M. Agricultural Corn 1,000 170 17.00% 6 R. Q. Agricultural Corn 1,000 290 29.00%

7 M. T. Agricultural Corn 1 600 130 21.67%

8 N. Z. Agricultural Vegetables 700 310 44.29% 9 Y. Y. Agricultural Corn 600 200 33.33%

10 "I.T." Agricultural Lucerne 10,000 200 2.00%

11 "K. A." Agricultural Vegetables 10,000 170 1.70%

12 "S" Agricultural Corn 10,000 180 1.80%

13 "A" Agricultural Corn 20,000 150 0.75%

14 "Ah" Agricultural Vegetables

20,000 190 0.95% Corn 20,000 410 2.05% Lucerne 20,000 690 3.45%

15 "R. A." Agricultural Vegetables 8,000 200 2.50%

16 " " Agricultural Corn 8,000 180 2.25%

17 "S" Agricultural Lucerne 8,000 230 2.88%

18 "K. B." Agricultural Corn 8,200 370 4.51%

Total 203,100 12,620

25

Impact on Fruit Trees

69. Under this Project, 12 AHs (67 DPs) (without double counting) will lose 79 mature fruit bearing trees and 6 AHs will lose 54 fruit-tree saplings. The DPs will be compensated for loss of fruit trees as per the Project Specific Entitlement Matrix regardless of the legal status of their losses. (Table 2-3 and 2-4). Cherry trees (36) are the most affected. The owners will receive full compensation for the loss of fruits and for the saplings. Calculation of compensation was based on the market value for saplings and the market value of the lost produce multiplied by the number of years needed to reach the same level of fruit production. There will be 125 affected pine other decorative trees. The owners of the affected decorative and wood trees (chinar, poplar, birch) will not be compensated but DPs will keep affected trees.

Table 2-3: Affected Fruit Trees

№ Type of fruit No of AHs No of DPs No. of fruit trees

1 Apricot 6 37 8 2 Quince 2 8 4 3 Grape 2 12 8 4 Cherry 9 50 36 5 Pomegranate 1 5 5

6 Sour cherries- 1 3 1

7 Almond 1 5 1 8 Nut 2 15 3

9 Peach 2 14 2

10 Plum 3 15 5 11 Mulberry 2 13 4 12 Apple 2 12 2

Total 12 (without double

counting) 67 (DPs without double counting)

79

Table 2-4: Affected Fruit Saplings

№ Type of fruit saplings No of AHs DPs No of saplings

1 Apricot 2 11 8 2 Grape 2 16 6 3 Cherry 2 13 16 4 Almond 1 9 1 5 Nut 2 15 3 6 Peach 2 11 6 7 Persimmons 1 11 3 8 Cherries 1 6 7 9 Apple 1 5 4

Total 6 (without double

counting 43 (without double

counting) 54

Table 2-5: Impact on Pine Trees and Decorative Trees

№ Type of trees No of AHs DPs No of

affected trees

1 Pine trees 5 38 34 2 Decorative trees 7 43 91

Total 10 (without double

counting) 70 (without double

counting) 125

26

Impact on Residential Buildings and Structures

70. The Project affects two AHs with 12 DPs who will lose their residential building which will be reconstructed on the same land plots. One of the affected buildings has not been completed and it was built after the cut-off-date. However, this buildings and all other found in the RoW, are measured and included for compensation at replacement cost basis. There are five households losing secondary structures such as latrines, tea sheds etc built on illegally used land. Owners will receive compensation at replacement cost for the acquired buildings and structures regardless of the structures’ legal status. (Table 2-6)

Table 2-6: Impact on Residential Buildings

Structure type No of buildings AППОМtОН unТt (m²) No of AHs No of DPs

A. Residential main buildings

Residential (houses)

2 111.05 2 (without double

counting) 12

B. Residential ancillary buildings

Latrine, tea shed, tandoor, well

8 42.79 5 (without double

counting) 40

Total 10 153.84 7 (without double

counting) 52 (without double

counting)

Impact on Non-residential Buildings and Structures

71. In total, 2 AHs/legal entities will lose 3 ancillary non-residential buildings and structures with an area of 184.96 m². (Table 2-7). These affected buildings and structures belong to two petrol stations. The owners will be compensated for the loss at the same principle of replacement cost as other DPs losing buildings and structures.

Table 2-7: Impact on Non-residential Buildings and Structures

Type of structure No of

structures No of AHs No of DPs TotКl (m²)

Ancillary Non-residential Buildings and Structures

Shed 2 2 15 176.96 Tapchan (concrete sitting platform)

1 1 7 8

Total 3 2 (without double

counting) 15 (without

double counting) 184.96

27

Impact on Fences, Gates and Improvements

72. A total of 7 AHs (49 DPs) will lose metal fences, wall fencing, paved areas, stairs and fundament. Out of these, 2 AHs will lose metal and concrete wall fences, 2 AHs will lose decorative curbs, and 4 AHs lose stairs (access to the land plot mostly and not attached to buildings). The AHs will be compensated for losses at the replacement cost principle. (Table 2-9)

Table 2-8: Impact on Gates, Fences and Improvements on Land

Type AHs DPs m² m³

Metal fence/wire 1 5 72

Wall /concrete, clay 2 9 4.33

Bordure/decorative curbs 2 9 8.08

Concrete area 2 9 3.28

Stairs 4 29 3.73

Fundament 2 17 15.13

Total 7 AHs (without

double counting) 49 DPs (without double counting)

72 34.55

73. The Project affects 2 government properties such as fences and paved area. In addition to affected structures, 36 fruit trees will be affected at one cemetery during the placement of canalization pipes. The trees are located at a reasonable distance from graves and no graves will be affected. No monetary compensation will be paid for the loss of these assets. The assets will be restored, and the contractor will include it in the BoQ.

Table 2-9: Impact on Government Buildings and Structures

Structure type Details

Terminal - parking area (Ministry of Transport) Asphalt (2,150m²), fencing wall (5m³)

Cemetery 36 fruit trees, 100m² oП ЬЭКТЫЬ КnН paved area, 1.06 m³ oП МuЫЛЬ ПoЫ ПloаОЫЬ КnН 60m² oП mОЭКl fence.

Impact on Businesses and Income

74. The Project will temporary affect 2 businesses. In addition, 5 employees at the petrol stations will temporarily lose their employment during the placement of the sanitation pipes which will be installed under the petrol stations paved areas. (Annex 2-1) Owners of the affected businesses will be compensated for the loss of their income. The owner of the rented petrol station will receive a due compensation for loss of the rent. Temporary business stoppage and affected workers will be compensated for the period of 2 months. The compensation will be based on their registered income.

75. All affected businesses, regardless of their legal status, will be compensated for their business losses. Each affected business owner was informed about the compensation procedure based on the taxed income or the amount they would receive as non-registered businesses. The affected business will be compensated as per the agreed Project Entitlement Matrix.

28

Table 2-10: Impact on Businesses and Employment

Business owners Renters Employees at the

petrol station AHs DPs

2 1 5 8 43

Impact on Poor and Vulnerable Households

76. There are 7 AHs (54 DPs) that are considered vulnerable. The largest categories are households with more than five dependant children with 28 members in two households and single women-head of households with 12 persons in two households. Two households with 15 members have a a disabled family member. The identified vulnerable households will receive an allowance for vulnerable groups amounting to three national average monthly salaries. Those who are vulnerable and in addition severely affected, will receive both allowances each amounting to TJS 4,094.10. (1,364.70 TJS/month in March 2019. https://tradingeconomics.com/tajikistan/wages)

14

Table 2-11: Vulnerable Households

Category No of AHs

No of DPs

Total allowances (TJS 1,364.70x3=4,094.10)

Total allowances (USD)

a) Single female head of household with dependents

3 11 12,282.30 1,268.19

b) Disabled member/s in the AHs 2 15 8,188.20 845.46 c) Large households with more than 5 dependent children

2 28 8,188.20 845.46

Total (without double counting) 7 54 28,658.70 2,959.11

Official exchange rate of currencies against Somoni (TJS) http://www.nbt.tj/en/ 1=USD TJS 9.6849 on 23 August, 2019

Severely Affected Households

77. There is one AHs with five DPs that will have a severe impact on their main residential building and need to relocate. The DPs stated that they will reconstruct the affected house at the same land plot where they have another house under construction. The other affected residential house is unТnСКЛТЭОН КnН ЭСТЬ аКЬ ЭСО ЫОКЬon ПoЫ noЭ МonЬТНОЫОН КЬ “ Эo ЛО ЫОloМКЭОН AH”.

78. The identified severely affected household will receive an allowance for severely affected amounting to three national average monthly salaries of TJS 4,094.10. (average wage of 1,364.70 TJS/month in March 2019. https://tradingeconomics.com/tajikistan/wages)

16.

Table 2-12: Severity of Impact

Type of impact No of AHs No of DPs

Loss of a house 1 5

Total 1 5

29

3 SOCIOECONOMIC PROFILE OF THE AFFECTED POPULATION

3.1 Background

79. This Chapter presents the findings on the major socio-economic characteristics of the КППОМЭОН PЫojОМЭ МommunТЭТОЬ. TСО МСКpЭОЫ ТЬ ЛКЬОН on ТnПoЫmКЭТon ПЫom ЭСО jКmoКЭЬ’ KОв-Informants, national statistical data and data collected through the socio-economic surveys and census undertaken in the Project area. The main objectives of the SES and census surveys are to understand the existing socio-economic environment and vulnerability of affected people in the Project area, to use the data for preparation of the LARP budget and to identify groups and persons аСo mКв nООН КННТЭТonКl ЬuppoЫЭ НuО Эo ЭСО PЫojОМЭ’Ь ТmpКМЭ.

3.2 Profile of the Project Area

80. Tajikistan is a Central Asian country bordering Afghanistan, China, Kyrgyzstan and Uzbekistan. According to the 2008 census, the country's population was 7,373,800. However, the population in 2015 is estimated to be 8,610,000 people. Tajikistan is divided into four regions: Sughd, Khatlon, Gorno-Badakhshan and Region of Republican Subordination, while the capital Dushanbe is administratively separate. Each region is divided into several districts (districts) which are subdivided into village level self-governing administrative units – jamoats. There are 58 districts (rayons) and 368 jamoats in Tajikistan. 81. TСО PЫojОМЭ КЫОК МonЬТЬЭЬ oП К pКЫЭ oП SСoСmКnЬuЫ НТЬЭЫТМЭ КnН pКЫЭЬ oП RuНКkТ НТЬЭЫТМЭ’Ь Jamoats. In total, 15 mahalas will be affected by the Project. The Project is located in two Rudaki jamoats and Shomansur district in Dushanbe. There are15 villages/mahallas located along the water and sewerage network proposed for upgrading/construction. Shohmansur district has 77,897 inhabitants living in 9,595 households. The following tables present the demographic and economic profile of the Project district and JКmoКЭЬ’ КЫОКЬ loМКЭОН Тn ЭСО PЫojОМЭ МoЫЫТНoЫ. (TКЛlО 3-1)

Table 3-1: Population in Project Area

District Population Male Female No of households

No of villages

No of affected villages

Shohmansur 159,804 81,907 77,897 9,595 29 15

Guliston 47,036 23,753 23,283 5,792 15 4

Kushteppa 34,220 15,570 18,650 6,616 15 4

Total 241,060 121,230 119,830 22,003 59 23

82. The major economic activities in the rural Project Jamoats are agriculture and animal husbandry. Wheat, cotton, maze and vegetables are the major cash crop in the area. Guliston and Kushteppa have 2,110 hectares of agricultural land. Pastures and fallow land account for 3,981 hectares. Fruit production in the area is spread on almost 390 hectares used to cultivate grapes, apples, cherries, apricots and other fruit. (Table 3-2). 83. Animal husbandry is present in the Project area. A few households that have some land, also СКЬ lТvОЬЭoМk. AnТmКlЬ ЫКТЬОН Тn ЭСО КЫОК ТnМluНО МКЭЭlО, ЬСООp, РoКЭЬ КnН СoЫЬОЬ. TСО JКmoКЭЬ’ statistics indicate that there are 1,168 sheep and goats, 6,415 head of cattle and 18 horses in the Project area. (Table 3-2)

30

Table 3-2: Economic Profile of Project Districts

District Dekhkan

farm

Arable land (ha)

Irrigated (ha)

Other land,

(pasture etc. (ha)

Orchards (ha)

Grape (ha)

Horses (No)

Sheep/ goats (No)

Cows (No)

Guliston 390 651 3,451 372 18 1,168 6,415

Kushteppa 152 917 267 530 10 2

Shohmansur 0 0 0 0 0 0 0 0 0

Total 542 1,568 267 3,981 382 2 18 1,168 6,415 SouЫМО: DТЬЭЫТМЭЬ’ КnН jКmoКЭЬ’ ЬЭКЭТЬЭТМЬ 84. There are 241,060 people living in project area. In total, there are 121,230 males and 119,830 females living in 22,003 households. Out of 59 villages, 12 are located in the Project area. (Table 3-3)

Table 3-3: Population of the Project Villages

District Population Male Female No of households

No of villages

No of affected villages

Shohmansur 159,804 81,907 77,897 9,595 29 4

Guliston 47,036 23,753 23,283 5,792 15 5

Kushteppa 34,220 15,570 18,650 6,616 15 3

Total 241,060 121,230 119,830 22,003 59 12

SouЫМО: DТЬЭЫТМЭЬ’ КnН jКmoКЭЬ’ ЬЭКЭТЬЭТМЬ 85. Data available for the Project area shows 3,530 poor households in the Project rayon. (Table 3-3). Two semi-rural Jamoats data indicate much lower incidence of poverty (5.87% and 7.15% respectively) than urban district of Shohmansur (28.32%).

17

86. Some data on women holding decision-making leadership positions was available for the district/Jamoats. In total, there are 367 women in positions such as members of parliament, presidents and deputies of the districts and jamoats, directors of departments and school directors. Data for the Project villages is mostly unavailable.

Table 3-4: Poverty in Project Area

District or Jamoat No of HH No of poor

HH % of poor

HH No of women on

leadership position

Shohmansur 9,595 2,717 28.32% 300

Guliston 5,792 340 5.87% 67 Russia (Kushteppa) 6,616 473 7.15%

Total 22,003 3,530 16.04 367

87. The socioeconomic surveys (SES) in the entire Project area were conducted in May 2018. The detailed design for the sewerage component of the Project was completed and the SES was updated in August 2019. In order to reflect the profile of the DPs residing along the sewerage Connector and affected by this part of the Project, the SES was conducted with all newly affected households.

17 TСО ЬouЫМО oП ТnПoЫmКЭТon on povОЫЭв: JКmoКЭЬ’ oППТМТКl ЬЭКЭТЬЭТМЬ

31

88. Tаo ОбpОЫТОnМОН НОЭКТlОН mОКЬuЫОmОnЭ ЬuЫvОвЬ’ ЬpОМТКlТЬЭЬ КnН ТnЭОЫvТОаОЫЬ, mОКЬuЫОН аТЭС DP’Ь ЭСОТЫ КППОМЭОН КЬЬОЭ Кnd after that, conducted the SES. In addition to 26 AHs, there are 13 collective entities or organizations, out of which13 Dekhan farms (legal entities) and 2 petrol stations owners/renters, did not participate at the household SES. The owner of a petrol station (7 DPs) gave information on the number of household members, but declined participation at full SES study. The renter of the petrol station refuse to participate at the SES study. The SES included owners, renters and users of affected buildings and other structures, owners of affected crops, business and other assets. (Table 3-5)

Table 3-5: SES Details

District /Jamoat No of AHs/legal entities

No of surveyed households AHs

Guliston (Dekhan farms) 3 0

Russia (Kushteppa)10 Dekhan farms, 26 AHs, 2 AH did not participate

37 25

Shohmansur 1 1

Total 41 26

89. The SES Questionnaire includes questions which aim to measure the main characteristics of affected households such as type of land use, land holdings, buildings, businesses, family type and size, main demographic data of the household members, self-reported monthly income and ОбpОnНТЭuЫО, ЬouЫМОЬ oП ТnМomО, СouЬО ПКМТlТЭТОЬ, ЫОlТРТon, ОЭСnТМТЭв, vulnОЫКЛТlТЭв, аomОn’Ь ЬЭКЭuЬ, opinion about the Project, etc. Each questionnaire took around 30 minutes to complete. The collected data was processed using Microsoft Excel. 3.3 Socioeconomic Profile of Surveyed Households

90. In total, 26 households with 172 persons were covered by the SES study. On average, there were 7 persons per surveyed household. The highest number of displaced households are in Mahallas Lohuti, Sohibkor and Perviy May in Russia district and consequently, these mahallas have the most number (37) of AHs participated at the SES.

Key Facilities in the Surveyed Households 91. Each Project jamoat (local authority) has a mostly combined primary and secondary school, a mosque, health clinic, shops and small businesses. There are 49 schools, colleges and universities in the Project area. Other services such as hospitals, larger markets and administrative services are based in jamoat and district center. All these services are available to the Project population. The quality of available services was not assessed as it was beyond the scope of this LARP. The population covered by the SES stated that the Project will improve health and life quality of the local population. 92. ElОМЭЫТМТЭв ТЬ КvКТlКЛlО Тn Кll pЫojОМЭ vТllКРОЬ. MoЬЭ КЫОК СКvО КММОЬЬ Эo pТpО аКЭОЫ Тn pОoplО’Ь homes, on the street or at neighbours. People in some villages rely purchased water costing TJS 60-100 per month, for daily usage. Other Project villages have piped water for limited hours and they complement it with water storage and purchased water. 93. Most of the surveyed household (92.31%) has an electric stove and 24 (92.31%) households own TV set, while 69.23 % own a satellite dish. Mobile phones are used by 26 (100%) households. Computers are owned by 5 (19.23%) AHs and (5) 19.23% of surveyed households have an Internet connection. A total of 80.77% of households have amenities such as refrigerators and 34.62% of surveyed households have washing machine. Air conditioning units are present in 19.23% of the households and 42.31% of the surveyed households have a car. Hot water system is used by 42.42% of the surveyed households. (Table 3-6)

32

Table 3-6: Households Assets and Amenities

Items No of households

%

In-house flash toilet 12 46.15

Latrine 14 53.85

Hot water system 11 42.31

TV 24 92.31

Satellite dish 18 69.23

Computer 5 19.23

Internet 7 26.92

Mobile phone 26 100.00

Refrigerator 21 80.77

Washing machine 9 34.62

Electric stove 24 92.31

Air conditioner 5 19.23

Car 11 42.31

94. Out of 26 surveyed households, 24 households own 2.3 hectares of land. These are residential land used for gardening. On average, households hold around 0.096 ha of land. All land is irrigated land. The crops cultivated most are vegetables for home use and some fruits. Only 7 households have animals. People mostly keep cows. (Table 3-7 and Table 3-8)

Table 3-7: Land Holdings

No of households Residential Land (ha) Grazing land (ha)

24 2.301 0.39

Table 3-8: Livestock

No of households No of cattle No of bulls

7 8 1

Gender, Ethnicity and Religion

95. There are 88 females and 84 males in the surveyed sample. The portion of male-headed households is 88.46%, while 3 (11.54%) of surveyed households are headed by a woman.

96. Out of the total number of surveyed households, Tajiks are the largest ethnic group with 37 households 90.24%) while 4 households (9.76%) belong to other groups. All households are Muslim. There are no indigenous people in the Project area.

33

Table 3-9: Gender

Gender Head of the household All AHs members

Number Percentage (%) Number Percentage (%)

Male 23 88.46 84 48.84

Female 3 11.54 88 51.16

Total 26 100 172 100

Age and Marital Status

97. The age distribution of the surveyed population for this LARP, shows that the 18-35 age group was the most represented (29.65%). The profile of the youth community is even more pronounced if the 0-7, 8-17 and 18-35 age groups are combined. Such a comparison shows that 40.97% of the surveyed population is younger than 35. The 36-45 age group accounts for 10.47% and the 46-55 age group accounts for 5.23%. The 56-65 and 66 and above age groups account for 6.40% and 4.07%, respectively. (Table 3-10)

Table 3-10: Age

Age All AH members

Head of households

Number % Number %

0 - 7 43 25.00

8-17 33 19.19

18 - 35 51 29.65 7 26.92

36 - 45 18 10.47 9 34.62

46 - 55 9 5.23 2 7.69

56 - 65 11 6.40 3 11.54

66 or more 7 4.07 5 19.23

Total 172 100.00 26 100.00

98. More than half (65.38%) of the surveyed people live in nuclear families. Extended families comprise 34.62 % of all families. The household size of the sampled households ranges from three to 14 persons in a household. A total of 11 (42.31%) of the surveyed households have up to five persons living in the household, 12 (46.15%) have 6-10 persons, and 7 (26.92%) households have 11-14 persons living in one household. There is no divorced head of households in the survey sample. The average family size is 7 persons. (Tables 3-11 and 3-12).

Table 3-11 Marital Status

Marital status

AH head

AH members

Number % Number %

Married 22 84.62 76 44.19

Unmarried 1 3.85 18 10.47

Widowed 3 11.54 10 5.81

Divorced 0 0 0 0.00

Minors 0 0 68 39.53

Total 26 100 172 100

34

Table 3-12: Type of Families

Family type Number of AHs Percentage (%)

Nuclear 17 65.38

Extended 9 34.62

Total 26 100.00

Education

99. The following table shows a high level of literacy of heads of household with 65.38% having completed secondary education. A further 34.62% obtained a college or university degree. There are no illiterate heads of households nor other illiterate family members in the sample. Generally, the educational profile of other family members is similar with the head of households’ level in the secondary educational category, while college and university educational categories among other family members, amounts to 11.05%. (Table 3-13)

Table 3-13: Education of Surveyed Population

Education

Head of the household

Other household members

Number % Number %

Illiterate 0 0.00 0 0.00

Primary school 0 0.00 0 0.00

Secondary education 17 65.38 107 62.21

Technical/ other college

0 0.00 3 1.74

University degree 9 34.62 19 11.05

School age children 0 0.00 43 25.00

Total 26 100.00 172 100.00

Employment, Income Sources and Expenses

100. Employment and income data was collected from 26 households and information is self-reported. A total of 15.38% of the heads of households and 4.65% of other family members are pensioners. The most common type of profession among the heads of households is civil servant, accounting for 61.54%. Business owner and labourers account for 7.69% in the heads of households group respectively and 1.16% and 4.07% among other family members. Pupil/student group is represented with 18.60% among other family members. There is 19.77% of other family members who are housewives. There are no unemployed head of households, while only 1.16% of other family members are unemployed.

35

Table 3-14 Type of Employment

Type of employment

Head of the household

Other members

Number % Number %

Pensioner 4 15.38 8 4.65

Civil servant 16 61.54 35 20.35

Private sector employee 0 0.00 0 0.00

Business owner 2 7.69 2 1.16

Agriculture labor 1 3.85 1 0.58

Other labour 2 7.69 7 4.07

Housewife 1 3.85 34 19.77

Pupil/Student 0 0.00 32 18.60

Unemployed 0 0.00 2 1.16

Other 0 0.00 51 29.65 Total 26 100 172 100

101. The data on income and expenses is self-ЫОpoЫЭОН. MoЬЭ oП ЭСО СouЬОСolНЬ’ ТnМomО ТЬ concentrated in the two lowest categories: 300-1,000 TJS (38.46%) and 1,100-2,000 TJS (34.62%) per month. The total reported income for 26 households, amounts to 51,802 TJS, which gives an average of 1,992 TJS per surveyed household.

Table 3-15: Self-reported Monthly Income

Monthly income (TJS) Number of AHs %

300-1,000 10 38.46

1,100-2,000 9 34.62

2,100-3000 2 7.69

3,100-4,000 2 7.69

4,100-6,000 3 11.54

Total 26 100.00

102. The data on income sources shows that the majority of the surveyed households have income earned from the employment, followed by remittance and income from business operation. Businesses and remittance provide the highest average income per household (TJS 2,750 and 2,233 /month) (Table 3-16).

Table 3-16: Source of Income

Source No of AHs Total income (TJS)

Average income (TJS/AHs)

Agriculture 1 1,000.00 1,000.00

Employment 24 36,503.00 1,520.96

Business 2 5,500.00 2,750.00

Labour 2 1,600.00 800.00

Remittance 3 6,700.00 2,233.33

Other 1 500.00 500.00

Total 26 51,803.00 1,992.42

36

103. The average monthly expenditure for the surveyed households is 1,447.21 TJS, with the largest portion (60.86 %) spent on food. Subsequent major expenses include clothes (9.89%), health and utilities accounting for 9.78% and 6.58% respectively. The surveyed population spends on communication more than on education, water or agriculture. (Table 3-17) 104. The reported average monthly expenses are lower than the average monthly income by 545.20 TJS. The average monthly expenditure data is summarized in the following table:

Table 3-17: HousОholНs’ AЯОЫКРО Monthly ExpОnsОs

Self-reported monthly expenses

Total income (TJS)

Average income (TJS)

Total expenses (TJS)

Average expenses (TJS)

Percentage of the total (%)

Food expenses 22,900.00 880.77 60.86

Clothing 3,720.00 143.08 9.89

Health 3,680.00 141.54 9.78

Education 245.00 9.42 0.65

Communication 1,370.00 52.69 3.64

Transport 351.40 13.52 0.93

Agriculture expenses 820.00 31.54 2.18

Water 941.00 36.19 2.50 Utilities (electricity etc.)

2,475.00 95.19 6.58

Land tax 1,125.00 43.27 2.99

Credit repayment 0.00 0.00 0.00

Total 51,803.00 1,992.42 37,627.40 1,447.21

Women in Project Villages 105. The Constitution of the Republic of Tajikistan recognizes international law as a component of the national legal system, and Tajikistan is a state party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and to other fundamental human rights treaties. In 2014 the parliament ratified the Optional Protocol to CEDAW, which allows individual women in Tajikistan to submit complaints to the CEDAW Committee and gives them additional remedies for violations of the convention. Important steps have also been taken to implement UN Security Council resolutions on women, peace, and security (1325 and 2122) with the drafting of a national action plan. (Tajikistan, Country Gender Assessment, ADB 2016). 106. The Constitution guarantees equal rights on the basis of sex (Article 17), and principles of nondiscrimination are enshrined in basic legislation such as: The Family Code, the Labor Code, the Land Code, the Criminal Code, the Law on Education, and the Law on Public Health. While there are no lКаЬ ЭСКЭ НТЫОМЭlв ЫОЬЭЫТМЭ аomОn’Ь ЫТРСЭЬ, КННТЭТonКl РuКЫКnЭООЬ ЭСКЭ КТm Эo “pЫoЭОМЭ” аomОn, ЬuМС КЬ ЭСО LКЛoЫ CoНО’Ь nТРСЭ аoЫk pЫoСТЛТЭТon, СКvО nonОЭСОlОЬЬ kОpЭ аomОn ПЫom ЛОТnР ОmploвОН Тn male-dominated industries. (ADB 2016). 107. According to the Country Gender Assessment, a large portion of the population works in informal employment, and the majority of such workers are men. Still, many women work informally engaging in hard physical agricultural labor for long hours, in poor working conditions, and with the lack of social protections such as maternity leave and pension payments.

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108. In 100% of surveyed households, women do housework and care for family members. Other activities performed by women are gardening (19.23%) and minding livestock (30.77%). Table 3-19. The survey questions on the decision-making processes in households showed that women are consulted and take part in the decision-making process in all major family activities. (Table 3-19)

Table 3-18: АomОn’s AМtТЯТtТОs

Type of activities No of AHs %

Gardening 5 19.23

Agriculture labor 0 0.00

Minding livestock 8 30.77

Sale of household's products 0 0.00

Trade and business 0 0.00

House-work, family care 26 100.00

Other work 0 0.00

Table 3-19: Participation of Women in Decision-making Activities

Decision making No of AHs %

Financial matters 26 100

Education of children 26 100

CСТlНЫОn’Ь СОКlЭСМКЫО 26 100

Purchase/sale of assets 26 100

DКТlв ПКmТlв’ КМЭТvТЭТОЬ 26 100

Social functions and obligations

26 100

Other activities 0 0

3.4 Impacts of the Project as Perceived by Surveyed Households 109. There were 3 responses on the perceived benefits of the Project. The respondents think that the rehabilitation of sewerage will bring development, good sanitation and better health for all. There were no responses about potential disadvantages of the Project.

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4 INFORMATION DISCLOSURE, CONSULTATIONS AND PARTICIPATION

4.1 Background

110. According to ADB SPS (2009), the DPs must be meaningfully consulted and provided with opportunities to participate in the planning and implementation of LAR and throughout the overall project implementation. Under the same principles, the DPs have to be informed in an appropriate and timely manner of the planning process outcomes, as well as the schedules and procedures for the preparation and implementation of the LARP, including entitlements, payment procedure and relocation.

111. The laws and policies of Tajikistan which apply to resettlement related to ADB financed projects in Tajikistan are:

Constitution of Tajikistan Civil Code Land Code

112. Apart from the formal notification requirements set in the Land Code, there is no requirement for the government to discuss project designs or possible LAR options with the DPs. Nevertheless, the local government authorities (hukumats and jamoats) disseminate to the local population all information issued in the form of a decree and other decisions related to the project. In addition, the PIG of DVK takes the lead in the coordination of information disclosure at the local levels and conducts consultations with the local population as per the ADB SPS 2009 requirements.

4.2 Consultations with Stakeholders and Project Communities

113. During the preparation of the draft LARP, the TRTA consultants and the DVK conducted consultation with local authorities, nine broad consultations with local communities, and five female and mixed focus group discussions and two workshops with key stakeholders. In total, 459 persons (253 males and 206 females) participated at consultations. The main goals of consultations were to share ТnПoЫmКЭТon КЛouЭ ЭСО PЫojОМЭ, Эo ТnМluНО МommunТЭТОЬ’ ЬuРРОЬЭТonЬ in the design as much as feasible КnН Эo ОnЬuЫО DPЬ’ КnН loМКl КuЭСoЫТЭТОЬ’ МoopОЫКЭТon НuЫing the LARP preparation and implementation. 114. This LARP was updated in August 2019 and it covers only the sewerage component of the Project. The LARP is based on the final design for the sewerage component. Due to finalization of sewerage design, 16 households are newly affected. The changes resulted in additional impacts were discussed with all newly affected household at a consultation conducted on 13 August 2019. There were 13 men and 3 women representatives of the AHs. The main goal of these consultations were to ensure a proper information about the Project, resettlement processes, entitlements, allowances and other available assistance for all DPs and in particular, for vulnerable and severe affected households. 115. SСoЫЭ ЫОМoЫНЬ аТЭС pСoЭoРЫКpСЬ КnН ЬМКnnОН pКЫЭТМТpКnЭЬ’ ЬТРnКЭuЫОЬ КЫО pЫОЬОnЭОН Тn AnnОб 4-1. A summary of the consultations with communities and key stakeholders conducted in the Project area is presented in Table 4-1 below: 116. As per ADB SPS 2009 requirements, consultations were conducted with the Project villages (mahalas) communities in Shohmansur district, in two Jamoats of Rudaki district, focus groups, bazaar renters and with local authorities, engineers, technical staff, land use specialists, newly affected households and key stakeholders. In total, there were 16 consultations with 475 participants at consultations, out of which, 266 males and 209 females. Short records from consultations including pКЫЭТМТpКnЭЬ’ quОЬЭТonЬ КnН КnЬаОЫЬ, КЫО pЫОЬОnЭЬ Тn AnnОб 1. A PЫojОМЭ ЛЫoМСuЫО аТЭС К ЬСoЫЭ description of the Project and the Project map, was handed over to the participants at consultations. (Annex 4-2) The main information shared with the participants was:

(i) Information about the Project; (ii) ADB SPS 2009 requirements in case of involuntary resettlement triggered by the Project; (iii) Entitlements and methodology of valuations of affected assets; (iv) GRM mechanism; (v) Land acquisition and resettlement procedure.

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117. A summary of consultations with communities and the key stakeholders conducted in the Project area, is presented in the following table:

Table 4-1: Summary of Consultations

No Location Target group Date Hukumat Jamoat Number of participants

Males Females Total

1 Sohmansur Hukumat

District offices, DVK technical and managerial staff, raisi mahale, youth.

11.04.2018 Shohmansur 60 6 66

2 Gliston Women's group 02.05.2018 Rudaki Gliston 12 12 24

3 Kushteppa Mixed focus group 02.05.2018 Rudaki Kushteppa 3 8 11

4 Zebunisso Mixed focus group 03.05.2018 Shohmansuur Kushteppa 9 12 21

5 Shohmansur Women's group 03.05.2018 Shohmansuur 0 15 15

6 191-193 Microrayon Women's group 03.05.2018 Shohmansur 0 11 11

7 Chehov, N. Muhammad & Shohmansur 1

Communities 07.05.2018 Shohmansur 27 16 43

8 Vosifi, Afzali, Dilshod Barno

Communities 07.05.2018 Shohmansur 25 1 26

9 Bedil, Shohmansur 2,3& Shodi

Communities 07.05.2018 Shohmansur 12 41 53

10 Chanoro 1 and Chanoro 2

Communities 08.05.2018 Shohmansur 26 20 46

11 Zebinuisso, Karotegin, Hovaron

Communities 08.05.2018 Shohmansur 23 18 41

12 Guliston Communities 10.05.2018 Guliston Rudaki 4 23 27

13 Kushteppa Communities 10.05.2018 Kushteppa (Rossiya)

Rudaki 18 13 31

14 Bazaar A.Aziz renters

Bazaar renters 14.05.2018 Shohmansur 8 6 14

15 Dushanbe Key stakeholders workshop

30.05.2018 Dushanbe 26 4 30

16 Jamoat Russia (mahala Kushteppa)

Newly affected households

13.08.2019 Rudaki Russia 13 3 16

Total 266 209 475

118. The DVK with the assistance of the TRTA consultants, conducted broad community consultations in fifteen mahalas. In total, 475 persons (266 males and 209 females) participated at consultations. (Table 4-1). The participants received the Project Information Brochure with the Project-specific entitlements, information on government decree on the cut-off-date, information on establishment of the GRM and details on the GRM procedure. Other information shared with the participants were ADB SPS 2009, compensation principles and additional allowances and the GRM procedure. The participants shared their opinions about the Project and their concerns and suggestions related to resettlement. (Table 4-2) The records from consultations, the decree on the cut-off date, the establishment of the GRM, and scanned participant signatures are presented in Annexes 4-1 and 4-2.

4.3 Summary of the Consultations

119. During the consultations, participants were supportive of the Project. The Project benefits, as perceived by the participants, are summarized as follows:

(i) Improved sanitation; (ii) General development and prosperity (iii) Less diseases;

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120. The participants also expressed their opinions about the adverse effects of the proposed project. The main concerns were related to possible relocation and timely and adequate monetary compensation for losses.

121. The questions and suggestions given by the participants during the consultations focused mostly on water quantity and quality, water supply to the new development locations, situation of the ЬКnТЭКЭТon nОЭаoЫk КnН ЭСО ЭТmТnР oП ЭСО PЫojОМЭ. TСО ПolloаТnР ЭКЛlО pЫОЬОnЭ ЬummКЫТгОН pОoplО’Ь questions, concerns and suggestions.

122. The participants at the consultations gave a range of suggestions which they would like to see integrated into the project planning and water and sewerage network design. The suggestions are as follows:

(i) provisions of safe water and help to those communities who by themselves did some work on the network in order to get water;

(ii) explore possibility to use gray water for fertilizing flowers and vegetables; (iii) adequate compensation for all assets lost especially for homes and businesses; (iv) employment opportunities for local men and women; (v) employment for people from local villages;

Table 4-2: Questions and Answers at Consultations with Communities

No Questions /Statements

Answers

1

We need sanitation network more than water system. We need a larger diameter sanitation pipes. Why our system was not replaced/repaired earlier, under other projects we had? Why is water still dirty? Could you please repair the sanitation system?

There will be some works on main sanitation system in your district. However, the focus of this Project is water supply. The Project aims to deliver potable water to all people living in the Project area.

2 Water is dirty, people get sick. Who will pay for it? Who is responsible for it?

We hope that your situation will improve after this Project.

3 The Bank needs to monitor the Project. We receive from Germany $9 million for filters. Why is water still not good for drinking?

We can give you answers for this Project only.

4 Why the dirt comes from pipes? How will you resolve this?

We will have proper filters and other sanitary measures will be employed.

5 We already have water-meters. Please do not waste money on this. We need sanitation to be repaired.

All households will have water-meters and we will ТnЬЭКll ЬomО ‘ЬmКЫЭ’ аКЭОЫ-meters which will tell us where water is being lost, leakages etc.

6 What will you do with the old water tubes? Some will be taken out, but mostly, the old tubes will stay and new will be installed.

7 DVK is cleaning old tubes. The tubes break anyway as they are old.

The main goal of this Project is to make water available to all. We will install new tubes.

8 What will be the diameter of the water pipes going to each household?

Diameter of pipes is usually 15-20 cm. It depends on the number of persons in one household.

9 This is the first time that we have full information about the Project and the first time that someone asks for our opinion. Thank you.

ADB SPS requires us to conduct meaningful consultations and give full information about the Project, procedures, LAR stages, GRM and entitlements. We will be happy to provide more information at later stages of the Project.

10 I opened the tap and a small fish came out. How can we trust that water will be safe for drinking?

We will have new water tubes, filters installed and ensure that water is not contaminated on its way. Water under this Project will be supplied from underground water resources. The system will be a sort of independent, separate system. We hope that this Project will deliver potable water to you.

11 We have water by the schedule. We will be happy if we have water 24/7. Women will have easier life as water is our responsibility.

The Project aims to deliver water 24/7.

12 We are happy to have the Project. Will water be drinkable?

Yes. Water will be safe for drinking.

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13

We do not drink water from the tap. We have to boil water because we are not sure if water is good for drinking. It will take a bit of time before we start drinking from the tap.

After the Project, if you are informed that water is good for drinking, will you drink from the tap? What do you need to be sure that water is safe for drinking?

14

We rely on women to supply water for the household. We drink water as we know that women boiled it and it is safe. We trust our women, not other sources of information about water safety. Mostly, we trust women more than men.

15

We made this water system in 1868. For 50 years not one tube was changed. DVK always says that that is not their responsibility. Water meters will worsen the socio-economic situation of the population and increase the level of poverty since prices for water and sewerage services are increasing annually and the growth rates of wages of the population are lagging behind. We believe that replacing the water supply pipes with the eco-friendly and plastic drainage pipes, will improve the life of the population and save material and money. To form self-sufficiency and self-financing and development of a water canal network, we propose to conduct studies to form a business plan for "Use of sewage to produce fertilizer and reduce the cost of water for the population".

16

Four years for the project! How can we live without water? I am 88 years old and I not sure if I will live long ОnouРС Эo СКvО вouЫ аКЭОЫ НОlТvОЫОН. WСв Нon’Э вou put one pump now that we have water now?

We expect Project to start in 2019. We will try to improve your situation as fast as practicable. The procedure is already explained to you. We do not know yet at which street we will start.

17 On your map, there are no exact locations where the tubes will be placed.

The design is a preliminary design. Some locations may change when we have a final design.

18

You should provide water to the newly developed areas too. In this area, soil is not so good. If people water the soil for any purposes, it may trigger land-slides. How will you handle this?

The sewerage pipes will be installed in this area. We will have many specialists and we will consider those issues.

19 22 households recently got new pipes. How can we increase amount of water that we may use? There is no pressure to pump water.

We will reduce water leakages which will increase the amount of water in the pipes.

20

In our school, No 34, we lose a lot of water because of broken pipes. We have 2,000 children and sanitation does not work. Will you consider repairing our sanitation?

At this point, your area in not considered for sanitation repairs.

21

There is a part of Jamoat which does not have water at all (Boloshahar village). Why do you give more water to those who already have water and to us, who does not have it all, you do not consider?

We will look at the Project locations again and see if your part of Jamoat will be included.

22 We use water for our gardens. Otherwise, all will be dry. We know that we must pay for water we use. But we have a limit on how much water we can use.

We hope that you will have enough water for all your needs. We hope to achieve this with the reduction of water losses.

24 We are renting stalls and small shops/kiosks at the bazaar. When do you think we should stop our businesses?

You do not stop your businesses. This is a preliminary Project design and a preliminary resettlement plan. We will consult you and inform you when we know exactly which areas will be covered by the Project.

24 Will compensation be paid for temporary stoppage of business?

Yes, any type of activity that will be affected during the implementation of the project, will be compensated for.

25 What will be the depth of bedding for the sewer pipes? According to the design documentation, the depth of

bedding will be between 3 to 7 meters.

26 When the construction work in this project will be competed, can we apply for the job in DVK?

After handover of the sewerage collector, you can contact the State Unitary Enterprise “DuЬСКnЛОvoНokКnКl” КnН, Тn КММoЫНКnМО аith the applicable standards and the needs, the State Unitary EnЭОЫpЫТЬО “DuЬСКnЛОvoНokКnКl” аТll МonЬТНОЫ вouЫ applications.

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4.4 Information Disclosure

123. During the SES and consultations with communities, in addition to the information about the Project, LAR processes, and expected time for the beginning of the works, the participants received the Project Brochure, Project-specific entitlements, establishment of the GRM and information about the cut-off date. The cut-off date was set as 8 May 2018. Annex 4-2. The DVK published the Mayor of Dushanbe letter informing residents of the Project and that the rehabilitation of the water and sanitation network will commence with ADB financing. The LARP was updated in August 2019. There was no new cut-off-date published but all new assets found in the RoW during the updated DMS, were included for compensation.

124. Residents were informed that the RoW will be 20 m and that construction of all structures, planting of fruit trees and rehabilitation/acquisition of land on both sides of the right-of-way is prohibited until the completion of the Project. The information was published in the local newspaper Junhuriyat. The information was sent to heads of Project Jamoats and Hukumats, repeated at each consultation in Project mahallas. (Annexes 4-1 and 4-2).

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5 GRIEVANCE REDRESS MECHANISM

5.1 Objectives and Establishments of the GRCs

125. The LARP includes in its scope the establishment of a responsive, readily accessible and culturally appropriate grievance redress mechanism (GRM) capable of receiving and facilitating the ЫОЬoluЭТon oП КППОМЭОН pОЫЬonЬ’ МonМОЫnЬ КnН РЫТОvКnМОЬ ЫОlКЭОН Эo Эhe Project. The GRM is a ПoЫmКlТгОН аКв ПoЫ ЭСО DVK Эo ТНОnЭТПв КnН ЫОЬolvО МonМОЫnЬ КnН DPЬ’ РЫТОvКnМОЬ. IЭ oППОЫЬ ЭСО DPЬ К forum to voice their concerns, seek clarifications to their queries, or register complaints related to the PЫojОМЭ’Ь pОЫПoЫmКnМО. The scope of the GRM addresses issues related to involuntary resettlement, social and environmental performance, and information disclosure. 126. Establishing a functional GRM involves identifying the capacity gaps within the IA/EA and implementing a capacity building plan designed to address the capacity deficiencies. The elements of the capacity building plan include:

(i) assessment of an existing grievance mechanism, if relevant, and capacity needs of the IA/EA;

(ii) developing the mechanisms or procedures designed to bridge the capacity gaps within the IA/EA;

(iii) delivering a briefing for the GRM members so they can manage implementation of the mechanisms or procedures;

(iv) coaching the GRM members across the entire Project processing and implementation cycle.

127. The DPs will have the right to file complaints and/or queries on any aspect of the Project, including land acquisition and resettlement. Under the adopted grievance mechanism, the DPs may appeal any decision, practice or activity related to the Project. All possible avenues will be made available to the DPs to voice their grievances. The DVK will ensure that grievances and complaints on any aspect of the Project are addressed in a timely and effective manner.

128. The fundamental objectives of the Grievance Redress Mechanism are:

(i) to reach mutually agreed solutions satisfactory to both, the Project and the DPs, and to resolve any grievances locally, in consultation with the aggrieved party;

(ii) to facilitate the smooth implementation of the LARP, particularly to cut down on lengthy litigation processes and prevent delays in Project implementation;

(iii) to facilitate the development process at the local level, while maintaining transparency as well as to establish accountability to the affected people.

129. The DVK has established a Grievance Redress Committees (GRC) at the Project. The GRC at Dushanbe City level will be established after the approval and disclosure of this LARP prior the start of implementation. The designated persons/ positions, members of the GRCs will be active for the duration of the Project. The DVK Project Implementation Group (PIG) will ensure effective handling of any environmental and resettlement enquiries related to the Project. The PIG will monitor the implementation of the Project. A semiannual social safeguard monitoring report will be prepared and submitted to ADB. 130. All enquiries/grievances related to the Project will be addressed with the participation of the PIG. The GRM covers issues related to social, environmental and other safeguard issues under the ADB SPS 2009 and applicable laws of Tajikistan. The following are the designated members of the GRC at the Project level:

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Table 5-1: Grievance Redress Committee at the Project Level

Name Position Telephone

Saidjon Kalandarov SUE DVK Chief Engineer 934-210-444

Rajab Mahmadali Chief of the department for security and civil defense

Hamidov Abdujabar Chief of dispatch services 222-20-51 Davlatova Shahlo DVK President of the Profsojuz Committee 93-560-56-22 Jaloliddin Afizov PIG DVK social specialist 93-580-57-35 By designation Representative of Shohmansur Raykomhos

18

By designation AППОМЭОН pОЫЬon’Ь ЫОpЫОЬОnЭКЭТvО

131. The GRCs will function for the duration of the Project implementation. The PIG and the TRTA

Consultant will conduct training for members of the GRCs at the Project and Dushanbe City levels.

5.2 Grievance Resolution Process

132. Grievances can be lodged with Кnв oП ЭСО GRC’ mОmЛОЫ. TСО GRC mОmЛОЫ receiving a complaint, will register the complaint, issue a receipt of the complaint and inform the aggrieved person about the expected timeframe for the complaint review. The received complaint will be screened for eligibility. If the complaint is: (i) not related to the project; (ii) needs to be reviewed by a separate, more appropriate procedures (e.g. issues of fraud and corruption); (iii) nature of the issue is beyond the official mandate of the GRM or (iv) complainant has no standing to lodge a grievance, the focal person will inform the complainant in writing about the eligibility and inform about other appropriate avenues for addressing the complaint. This should be done within 14 calendar days of the grievance lodgment. 133. If the complaint is found eligible, it should be assigned one of the following categories:

(i) A – inquiry, clarification, suggestion, request;

(ii) B – complaint regarding alleged breach of the SPS 2009 or Public Communication Policy 2011;

(iii) C – allegation of fraud or corruption. 134. The complaint registered with the GRM should be reviewed, addressed and a decision made on its relevancy to the Project within 14 calendar days of lodgment. If the case is complex or requires more detailed investigation (e.g. inspection by technical experts or legal opinion from the state or certified private entities) the complaint review period may be extended to 30 calendar days or more, if necessary. In such cases, written notification should be sent to the complainant explaining the reasons for extension, describing the process and indicating the expected dates for the delivery of the results of the revision. 135. If the complaint is not resolved within the set timeframe, or the complainant is not satisfied with the GRC decision, s/he can appeal at the Dushanbe City level GRM. The Dushanbe City level GRC focal person will register the complaint/appeal, issue a written note with information on the timeframe for grievance resolution (14 to 30 days, depending on the complexity of the case) and initiate a review of the complaint. The focal person should initiate the grievance review and convene the GRC meeting no later than 5 days since the complaint was registered as eligible for the GRM. All supporting documents – photo and video materials, required certificates, legal opinions, technical expert opinions if practicable – should be prepared prior to the meeting. The minutes of each meeting should be agreed and signed by all members of the GRC no later than 3 days following the gathering.

136. All supporting documents such as, photographs, related certificates and legal and technical expert opinions, if required, should be reviewed and assessed. Once the complaint is resolved, the GRC will organize a complaint closure meeting, where the complainant confirms the closure of the

18 RКвkomСoЬ - RКвon’Ь CommТЭЭОО ПoЫ HouЬОСolНЬ

45

complaint. The DVK PIG representative will oversee the resolution of the complaint. The DVK has a dispatch services which are available 24 hours / seven days a week. The dispatch service representative will be a member of the GRC and invited to the grievance redress meetings when required.

137. All efforts will be made to settle issues at the Project level. All complaints and resolutions will be properly documented by the DVK and made available for review, monitoring and evaluation purposes. A PIG safeguard specialist will keep in regular contact with the GRCs and will have a НКЭКЛКЬО ПoЫ ЭСО аСolО PЫojОМЭ’Ь РЫТОvКnМОЬ МКЬОЬ, ТnМluНТnР ЭСО ЬЭКЭuЬ oП РЫТОvКnМОЬ. TСТЬ ЫОpoЫЭ аТll be regularly included in quarterly project progress reports, as well as semi-annual social monitoring reports.

138. Regardless of the set grievance mechanism and procedures, DPs will have the right to submit their cases to a court of law at any point in time of the grievance redress process. All efforts will be made to settle the issues at the Project level through community consultation with affected person. If not possible, attempts will be made to resolve the issues at the Project level to avoid/minimize litigation as much as possible. All complaints and resolutions will be properly documented by the DVK PIG and made available for review, monitoring and evaluation purposes.

139. In addition, the complainant can appeal the decision and bring the case to the ADB AММounЭКЛТlТЭв MОМСКnТЬm (AM). TСО GRM КЭ ЭСО PЫojОМЭ lОvОl НoОЬ noЭ Тn Кnв аКв ТmpОНО ЭСО DPЬ’ access to the ADB Accountability Mechanism (AM). However, the complainant will be encouraged to go through the project GRM first, as well as to address their compliant through the relevant operation department of ADB. If DPs want to register a complaint with the ADB AM, the PIURR Focal Person will provide the complainants the contact information below or alternatively, complaints can be submitted through any ADB’Ь ЫОЬТНОnЭ mТЬЬТon oППТМО аСТМС аТll ПoЫаКЫН ЭСО МomplКТnЭ Эo ЭСО CRO:

Complaint Receiving Officer (CRO), Accountability Mechanism Email: amcro@adb.org

140. GRM proceedings may need one or more meetings for each complaint and may require field investigations by specific technical or valuation experts. Grievance cases shared by more than one complainant may be held together as a single case.

141. For appeals lodged directly to the DVK, the designated person will, together with the GRC will review the case and attempt to find a resolution together with the aggrieved person. 142. At each level of appeal, the GRC will be assisted, as required, by the professional capacity needed to solve specific cases. This may include among others:

(i) Jamoat and/or hukumat and mahalla representatives (ii) Related land committee (iii) Representatives of the State Agency for Architecture (iv) State Agency for Environment and Forestry (v) State Unitary Enterprise for Housing and Communal Services (vi) Technical expertise from professional water and sanitation engineers (vii) Representatives of displaced persons (viii) RОpЫОЬОnЭКЭТvОЬ oП WomОn’Ь AППКТЫЬ (ix) Other specialized organizations as necessary (x) Representatives of NGOs/CSOs active in the area.

143. The following figure schematically presents the grievance redress process:

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Figure 5-1: Grievance Redress Process

5.3 Duties of GRC Members

Focal Point (FP)

144. Once the FP receives a written notification of a complaint s/he will:

(i) based on the simple screening procedure, asses the grievance and determine if the grievance is eligible for the GRM; if eligible, register the grievance in the complaints logbook;

(ii) wright a grievance summary to be signed by the complainant and the FP indicating name of the complainant, date and place of presentation of complaint, description of complaint and supporting documents, if any;

(iii) send the complaint summary to all members of the local level GRC; (iv) convey requests and enquiries of the complainants to the PIG and to the other

members of the GRC at the local level; (v) organize a grievance redress meeting; (vi) maintain records of each meeting and each communication between the FP/GRC and

the complainants; (vii) participate at appeal cases at all levels; (viii) ensure administrative and organizational support for GRC members.

Supervision Consultant Resettlement Specialist

145. Once notified of a complaint and the FP has been invited to a grievance meeting the Consultant will:

(i) participate to all grievance meetings, provide opinions and analysis; (ii) accompany eventual assessment/valuation specialists in the field; (iii) provide other GRC members as relevant with opinion and suggestions for resolution

to be reflected in the final meeting report.

Dushanbe City level GRC (14 days for resolution.

Complex cases - additional 14 days for resolution)

Complaint settled

DVK GRC (14 days for resolution. Complex cases –

additional 14 days)

DVK FP registers and screens the complaint for

eligibility

Court of Law

ADB AM

Complainant

Grievance adressed

Grievance addressed

47

GRC Chairperson

146. Once notified that a complainant has lodged an appeal case at the central level, the GRC chairperson will:

(i) review the local level GRC decision; (ii) invite the GRC members to the meeting; (iii) chair the GRC meetings and ensure that the minutes of the meeting are taken and

shared with all relevant parties; (iv) ТnПoЫm ЭСО КРРЫТОvОН pОЫЬon oП ЭСО GRC’Ь НОМТЬТon; (v) ensure administrative and organizational support for GRC members to work; (vi) support the decision made by the GRC and follow up to ensure action is taken.

DVK PIG Safeguards Specialists

147. Once notified that a complainant has lodged at the central level, the PIG Safeguards specialist will:

(i) participate in GRC meetings at local and central level; (ii) prepare the chronology of events to understand the sequence of developments

prompting the complaint; (iii) provide opinion on resettlement impacts claimed by the claimant; (iv) request that the chairperson organizes meetings, as necessary; (v) maintain communication between the GRC and the complainants; (vi) managing and updating the consolidated GRM database.

Technical Experts

148. When requested by the DVK PIG to provide technical expertise for the assessment of an impact claimed by the complainant, the relevant expert will:

(i) examine the case, perform relevant tests or an investigation; (ii) prepare a short report based on the results of the examination completed; (iii) recommend if further or additional legal opinion or expertise is needed to make a

judgment on the substance of the case.

5.4 GRC Complaint Register, Records and Documentation

149. The DVK PIG will maintain the complaint register. This will include a record of all complaints for regular monitoring of grievances and results of services performed by the GRCs for periodic review by the ADB. The GRC Grievance Registration Form and Grievance Logbook can be found in Annexes 5-1 and 5-2.

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6 LEGAL AND POLICY FRAMEWORK

150. The policy framework for the Project is based on the Law of the Republic of Tajikistan and the ADB Safeguards Policy Statement of 2009. In the legislation of Tajikistan, there is no special law or policy, which regulates the issues of resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs. Moreover, there is no separate law that completely provides norms and mechanisms for the determination of the full and fair, market value of land. The key legislative acts regulating land management relations and the ownership rights to immovable properties in the Republic of Tajikistan are the following:

(i) Constitution of the Republic of Tajikistan (1994, as amended in 2003)19

(ii) Land Code (amended in 2012)

20

(iii) Land Code (amended in 2008)21

(iv) Civil Code (amended in 2007)

22

(v) RОРulКЭТon “КЛouЭ МompОnЬКЭТon oП loЬЬОЬ Эo ЭСО lКnН uЬОЫЬ КnН loЬЬОЬ oП КРЫТМulЭuЫКl pЫoНuМЭЬ” (КppЫovОН Лв ЭСО DОМЫОО oП GovОЫnmОnЭ oП RОpuЛlТМ oП TКjТkТЬЭКn, 2011. № 641)

23

151. The Constitution of the Republic of Tajikistan, Land Code and the Civil Code of the Republic of Tajikistan are the fundamental laws on which the legislation is based. The framework for the Project is based on the ADB SPS 2009 requirements and applicable laws, regulations and policies. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later. 6.1 Types of Land Ownership and Land Use Rights Allocation

152. All land is owned by the Republic of Tajikistan, which is responsible for its effective use. Several tenure options for agricultural land are defined by the Land Code. There are primary use rights and secondary use rights. Primary use rights include the following:

(i) Perpetual use which has no fixed term. It is granted to legal entities such as state and

cooperative agricultural enterprises, public and religious organizations and charities, industrial and transportation needs, public enterprises, defense and joint ventures that include foreign entities.

(ii) Limited or fixed-term use may be granted to legal or physical persons for either a short-term (up to 3 years) or long-term (3 to 20 years).

(iii) Life-long inheritable tenure which may be assigned to physical persons or collectives. Physical persons must re-register the right in the case of inheritance. This right applies to land-shares used to organize a dekhan farm, as well as household (garden) plots.

153. The only secondary use-right recognized under the Land Code is the right to lease. According to the Code, primary rights holders may lease out their plots for a term not exceeding 20 years. The land is used in accordance with the state-established land-use standards. The right to use land may be terminated for various reasons such as: termination of activities by the land user, non-use for two years and use of the land differing from the use established in the use-rights document. (Land Code Article 37)

19

Constitution, November 6, 1994, as amended on 22 June 2003.

20

Land Code of the Republic of Tajikistan as amended on 01 August 2012 21

Land Code, as amended by N 498 from December 12, 1997., N 746 from May 14_ 1999, N 15 from May 12,

2001, N 23 ПЫom FОЛЫuКЫв 28, 2004. FЫom 28.07.2006 №199, ПЫom 5.01.2008 №357, ПЫom 18.06.2008 №405. 22

Civil Code, aЬ КmОnНОН Лв AuРuЬЭ 6, 2001, N 41: MКв 3 2002 №5, MКЫМС 1, 2005, N 85; ApЫТl 29, 2006 №180, May 12, 2007. №247). 23

Approved by the Decree of Government of Republic of Tajikistan, 2011. №641.

49

154. Dekhan land is the result of the splitting up of large state-owned farm enterprises, known as kolkhoz and sovkhoz farms, which were established throughout much of the former Soviet Union. Sovkhoz farms were run by the state, while kolkhoz farms were a form of co-operative farm, run by a committee of members approved by the state. The Agrarian Reform Program in Tajikistan was adopted for the period of 2012-2020. Creation of dehkan farms is one of the priority areas of land ЫОПoЫm. TСО ЛКЬТЬ ПoЫ МЫОКЭТnР НОСkКn ПКЫm Тn ЭСО RОpuЛlТМ oП TКjТkТЬЭКn ТЬ НОПТnОН Лв ЭСО LКа “On Dehkan fКЫmЬ”24, №48 oП 10 MКв 2002. IЭ ЫОЬulЭОН Тn ЭСО МЫОКЭТon oП 31 НОСkКn ПКЫmЬ Тn 1992 аТЭС 300 СОМЭКЫОЬ oП lКnН. In 2003, ЭСОЫО аОЫО 16,433 ЫОРТЬЭОЫОН НОСkКn’Ь ПКЫmЬ аТЭС 240,100 СОМЭКЫОЬ25

.

155. In dekhan farms, the land remains state property (which cannot be bought or sold), but farmers are granted inheritable land use rights which give complete legal freedom to landholders to manage the land as they desire. The state collects taxes and can repossess the land if it believes the land is not being managed properly. There are three types of dekhan land: individual (the land use certificate is held by an individual), family (the certificate is jointly held) and collective (the certificate details common property shareholders). 156. A collective dehkan consists of two or more unrelated families, producing and marketing jointly. Dekhan ПКЫm ―КЬЬoМТКЭТonЬ, oЫ ―КЬЬoМТКЭТvО dekhan farms, operate in a similar manner to collective dekhans, although the families involved technically have their own dekhans and work together cooperatively. Both family and collective dehkans operate by appointing a head who officially СolНЬ ЭСО ПКЫm’Ь lКnН ЫОРТЬЭЫКЭТon МОЫЭТПТМКЭО КnН lОРКllв ЫОpЫОЬОnЭЬ ЭСО ТnЭОЫОЬЭЬ oП ЭСО ПКЫm (DunМКn 2000; GOT 2008; ARD 2003; Robinson et al. 2009; GOT 2009a). 157. Presidential land is similar to dekhan land. It was allocated in small plots to private households in the late 1990s by Presidential Decree. The essential difference between dekhan and Presidential land is that no land-use rights certificate is required for the latter land plots (they are registered at the jamoat level per household). 158. Reserve Fund land usually consists of unused land. It also includes land plots for which land use rights have been abandoned. State reserve land is at the disposal of the district administrations and is rented out or distributed for individual agricultural cultivation purposes. Article 100 of the Land Code states that State land stock is reserved for the agricultural, industrial, transport and other needs of the national economy. 159. Supported Farms land includes land provided to different government institutions as assistance to their members and employees. The land is given to employees who did not get any land under other government schemes. 6.2 Tajikistan Constitution, Law/regulation on Land Acquisition, Resettlement and Compensation

160. The Constitution of the Republic of Tajikistan is the main legal document which guarantees МТЭТгОn’Ь ЫТРСЭЬ. AЫЭТМlО 13 ЬЭКЭОЬ ЭСКЭ lКnН, ЛoаОlЬ oП ЭСО ОКЫЭС, ДТ.О. mТnОЫКl ЫОЬouЫМОЬ], аКЭОЫ, airspace, animal and vegetable kingdoms, [i.e. flora and fauna], and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people. Furthermore, Article 12 states that the economy of Tajikistan is based on various forms of ownership and the state will guarantee freedom of economic activity, entrepreneurship, equality of rights, and the protection of all forms of ownership, including private ownership. 161. The legal basis for state acquisition of private property for public works is outlined in Article 32 which states “…the property of an individual is taken away only on the basis of the law, with the consent of the owner and to meet the requirements of the state and society, and with the state paying full compensation.”

24 LКа oП ЭСО RT “On DОСkКn ПКЫmЬ”.2002. ааа.mmk.Эj 25

Source: SЭКЭТЬЭТМКl ВОКЫЛook oП ЭСО RОpuЛlТМ oП TКjТkТЬЭКn. 2001. SЭКЭТЬЭТМКl AРОnМв. DuЬСКnЛО, 2001, .175. SЭКЭТЬЭТМКl ВОКЫЛook oП ЭСО RОpuЛlТМ oП TКjТkТЬЭКn. 2004. SЭКЭТЬЭТМКl AРОnМв. DuЬСКnЛО, 2004, .173.

50

162. TСО PЫОЬТНОnЭ’Ь DОМЫОО No 1021 on 22.06.1998 on “On EnЬuЫТnР ЭСО RТРСЭ Эo LКnН UЬО” relates ОППОМЭТvО lКnН uЬО Тn ЭСО ТnЭОЫОЬЭ oП pОoplО, pЫovТНТnР oП ЫТРСЭЬ КnН НОПОnЬО oП МТЭТгОnЬ’ interests, creation of favorable conditions for development of agriculture production, states the following:

(i) The Certificate on land use right and Certificate on land share are the documents certifying the right to use land;

(ii) Inhabitants having adjoined the farm plots, land plots for collective gardening and market gardening, personal subsidiary farms and dehkan farms, have the right to realize Certificate on the right of land use ,through the Committee on land resources and organization under the Government of the Republic of Tajikistan and authorized departments.

6.2.1 Provisions Regulated by the Land Code 163. In August 2012 amendments to the Land Code that enable legal sales and lease transactions for land use rights were approved.

26 The Land Code also includes changes to the provisions related

to land acquisition.27

164. The revocation/allotment of lands and resettlement envisages compensation for losses incurred by land users or those with other registered rights to the land when the land plot is revoked for state and public needs. 165. The state may revoke land plots for state and public needs from land users after:

(i) allocating a land plot of equal value; (ii) constructing housing and other buildings with the same purpose and value, in a new location

for the natural persons and legal entities to whom the land plot had been allocated, in accordance with established procedures;

(iii) fully compensating for all other losses, including lost profits, in accordance with the legislation of the Republic of Tajikistan.

166. Upon the revocation of land plots for state and public needs, all losses shall be calculated according to the market price, which shall be defined by taking into consideration the location of the land plot, and compensation shall be paid to the persons/legal entity whose land has been taken away. Termination of the right to use a land plot, for state and public needs, can be carried out after allocation of an equal land plot and compensation of other expenses is provided by part one of the present article. (L.C. Article 41; In the Republic of Tajikistan Law edition dated 1 August 2012, No. 891). 167. The procedure for the compensation of losses to land users and losses arising from the removal of land from circulation is regulated by Article 43 of the Land Code edition dated 1 August 2012, No. 891:

(i) In the event of revocation of a land plot for state and public needs, compensation for losses to land users and others with registered rights to the land, and losses connected to the removal of land from circulation, shall be made by the natural/legal persons whose activity led to the revocation.

(ii) In the event of withdrawal of a land plot for state and public needs, the procedure for compensation of losses to land users and others with registered rights to the land, and losses connected to the removal of land from circulation, shall be defined by the Government of the Republic of Tajikistan (In RT Law edition dated 5 January 2008, No. 357).

(iii) Upon termination of the rights to a property, the property will be assessed based on its market value (Article 265 Civil Code).

26 LКа 891, НКЭОН AuРuЬЭ 2012, КЫЭТМlО 19. 27 AЫЭТМlОЬ 37-45

51

(iv) Land users should be notified in writing about land revocation by the local executive government body no later than one year before the pending withdrawal of the land (Article 40. Land Code of the Republic of Tajikistan Law edition dated 1 August 2012 no. 891).

(v) In the event that international agreements recognized by the Republic of Tajikistan establish other rules than those contained in the Land Code of the Republic of Tajikistan, the rules of the international agreement shall be applied (Article 105, LC of the RT edition dated 28 February 2004 No. 23).

168. The Land Code of 1997 is the core legal document related to land acquisition. It has been updated a few times and most recently in August 2012. Article 2 of the Land Code states that “land is an exclusive ownership of the State… [but]... the State guarantees its effective use in the interests of its citizens”. However, Articles 10-14, the Land Code outlines land title as being of long-term, short-term, and inherited land use entitlement. Article 14 of the LC of the RT also states that land users may lease land plots by agreement (In the Republic of Tajikistan Law addition dated 1August 2012 No. 891). 169. Article 24 of the Land Code describes the allocation of land for non-agricultural purposes, and provides that when choosing a suitable location for such land uses, land not suitable for agriculture should be favored. The same principle is stressed by Article 29, which discourages the use of high-yielding agricultural land for non-agricultural use. However, Article 29 also allows for allocation, and appropriating of agricultural land for “other very important State objects”. 170. In accordance to Article 19 of the Land Code, the land right users may:

(i) execute civil-legal transactions (buying-selling, gift, exchange, mortgage and other) with

allocated (acquired) use right to a land plot with a right to alienate it independently without interference of executive government bodies, except for provisions of present Code; (In the Republic of Tajikistan Law edition dated 1 August 2012 No. 891)

(ii) lease the land plot; (iii) establish private (based on consent) servitude to a land plot; (In edition dated 1 August

2012 No. 891) (iv) mortgage the right to a land plot; (v) receive compensation in the event of withdrawal of the right to use the land plot for state

and public need in accordance with Article 41 – 43 of the present Code.

6.3 ADB SPS 2009 Involuntary Resettlement Safeguards

171. The ЭСЫОО ТmpoЫЭКnЭ ОlОmОnЭЬ oП ADB’Ь ТnvolunЭКЫв ЫОЬОЭЭlОmОnЭ polТМв КЫО (Т) МompОnЬКЭТon Эo replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. For any ADB operation requiring involuntary resettlement, planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following 12 key policy principles for involuntary resettlement. These can be summarized as follows:

(i) Screen the project early on to determine past, present, and future involuntary resettlement

impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, related to resettlement impacts and risks.

(ii) Carry out meaningful consultations with affected persons, host communities, and concerned

nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, Indigenous Peoples, and those without legal titles to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and resolve the affected pОЫЬonЬ’ МonМОЫnЬ. SuppoЫЭ ЭСО ЬoМТКl КnН МulЭuЫКl ТnЬЭТЭuЭТonЬ oП НТЬplКМОН pОЫЬonЬ КnН ЭСОТЫ

52

host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based

resettlement strategies when affected livelihoods are land based (where possible) or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance, including the

following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with the relevant income sources and legal and affordable access to adequate housing.

(vi) Establish procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare a resettlement plКn ОlКЛoЫКЭТnР on НТЬplКМОН pОЫЬonЬ’ ОnЭТЭlОmОnЭЬ, ЭСО income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. InМluНО ЭСО Пull МoЬЭЬ oП ЫОЬОЭЭlОmОnЭ Тn ЭСО pЫОЬОnЭКЭТon oП ЭСО pЫojОМЭ’Ь МoЬЭЬ КnН ЛОnОПТЭЬ. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout the project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

172. ADB SPS 2009 distinguishes three categories of displaced persons, with variable compensation needs:

(i) Legal DPs: DPs with formal legal rights to land lost in its entirety or in part;

53

(ii) Legalizable DPs: DPs without formal legal rights to land lost in its entirety or part but who have claims to such lands that are recognized or are recognizable under national law and;

(iii) Non-legal DPs: DPs who have neither formal legal rights nor recognized/recognizable claims to land lost in its entirety or in part.

173. For categories (i) and (ii) above, borrowers are expected to provide compensation at full replacement cost for lost land, structures, land improvements and relocation assistance. For DPs in category (iii) (informal settlers), the borrower/client is expected to compensate all assets other than land (i.e. buildings, trees, cops, businesses) at full replacement cost. The risk of opportunistic encroachment on land designated for acquisition by the project is managed through the declared as 8 May 2018 cut-off date.

174. Compensation for lost land may be in the form of replacement land (preferred option if ПОКЬТЛlО) oЫ Тn МКЬС. WСОn “lКnН ПoЫ lКnН” МompОnsation is not feasible cash compensation can be valued based on market rates or, in the absence of land markets, through other methods (i.e. land productivity or reproduction costs)

28. CompОnЬКЭТon ТЬ Эo ЛО pЫovТНОН КЭ “Пull ЫОplКМОmОnЭ МoЬЭ”. TСТЬ includes: (i) transaction costs; (ii) interest accrued; (iii) transitional and restoration costs; and (iv) other applicable payments, if any. Compensation for all other assets is to be provided in cash at replacement cost without deductions for amortization, salvaged materials and transaction costs. 175. The following core involuntary resettlement principles were adopted for this Project:

(i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized by exploring all viable alternatives in the Project design;

(ii) consultations with DPs on compensation, disclosure of resettlement information to DPs, and participation of DPs in the planning and implementation of rehabilitation measures will be ensured;

(iii) vulnerable groups will be provided with a special assistance; (iv) payment of compensation to affected persons including non-titled persons (e.g., informal

dwellers/squatters, and encroachers) for acquired assets (except for illegally used land) at replacement rates;

(v) payment of compensation and resettlement assistance prior to the contractor taking physical possession of the land and prior to the commencement of any construction activities;

(vi) provision of income restoration and rehabilitation; and (vii) establishment of appropriate grievance redress mechanism.

6.4 Comparison of the Provisions under ADB SPS 2009 and National Legislation

Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

1. Eligibility

DPs with legal rights receive compensation for land-use rights and non-land assets

DPs with legal/registered land use rights are eligible for compensation \ rehabilitation.

Same in principle and application.

DPs with legalizable rights are entitled to compensation for land and non-land assets.

DPs with legalizable rights receive compensation for the land and non-land assets.

Same in principle and application

28 BКЬОН on ЭСО SPS (AppОnНТб 2, pКЫК. 10) Тn КЛЬОnМО oП аОll-ОЬЭКЛlТЬСОН lКnН mКЫkОЭЬ lКnН МompОnЬКЭТon аТll ЛО pЫovТНОН ЛКЬОН on К ЭСoЫouРС ЬЭuНв oП ЭСО lКnН ЭЫКnЬКМЭТon, uЬО, МulЭТvКЭТon КnН pЫoНuМЭТvТЭв pКЭЭОЫnЬ Тn pЫojОМЭ КЫОКЬ. OnО mОЭСoН КММОpЭОН Лв ADB Тn ЬuМС К ЬТЭuКЭТon аoulН ЛО Эo pЫovТНО lКnН МompОnЬКЭТon ЛКЬОН on lКnН pЫoНuМЭТvТЭв oЫ lКnН ЫОpЫoНuМЭТon МoЬЭЬ.”

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Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

DPs with no legal rights receive compensation for the assets/improvements

Informal land users (without right to use land) are not entitled to any compensation (for land or non-land assets)

Different in principle but same in application for non-land assets.

2. Livelihood

rehabilitation

standards

ADB Policy requires improvement in the standards for AP livelihood

No such a provision exists in the national law

Different in policy but Government accepts ADB SPS 2009 requirements and endorses them in the entitlement matrix on a project by project basis.

3. Compensation

A. Loss of land. Replacement land

as the preferred option of the compensation. If land is not available, cash compensation at full market cost.

A. Permanent loss of land.

Replacement land but also cash compensation.

A. Same in principle. Application

mechanisms temporarily reconciled for ADB projects.

B. Loss of structures. Cash

compensation for lost structures at full replacement cost irrespective of the legal status of land and free of depreciation, transaction costs and other deductions.

B. Loss of structures. Cash

compensation for lost structures at market cost with depreciation or value of salvaged materials sometimes included in the calculation.

B. Same in principle and not in

application. Application is reconciled in previous projects but not yet mainstreamed by a Decree for ADB projects.

C. Loss of the business. Actual losses

reimbursement plus business restart costs. Application based on tax declaration/similar documents for business stoppage period. Without tax declaration /similar documents, based on maximum non-taxable salary.

C. Business Losses. Compensation

in cash at market value for legal businesses but the methodology is not specified. Non-registered businesses are not entitled to compensation.

C. Different in principle (non-legal

businesses and in application (all businesses). Already reconciled for previous projects but mainstreamed reconciliation not formalized through a Decree for ADB projects.

D. Loss of trees. Irrespective of legal

land occupancy status compensation at market cost based for application on tree type/ wood volume for wood trees and based on income lost (x tree type x market value of 1-year income x years to grow the tree to a full production.

D. Loss of trees. In general, private

trees are not compensated although the wood cut is left to the DPs.

D. Different in principle and in

application. Already reconciled in previous projects for the fruit-bearing trees only.

E. Loss of crops. Cash

compensation at market price for the gross crop value of an expected harvest.

E. Loss of crops. Cash

compensation at market price for all incurred land preparation activities and expected gross crop value.

E. Same in principles and application.

F. Loss of jobs. Indemnity of lost

income so as to ensure DP rehabilitation. Specific arrangements to be agreed with borrowers for permanent impacts.

F. Loss of jobs. Severance pay provided by employer.

F. Different in principle and

application already adjusted for previous ADB projects.

4. Procedural

mechanisms

A. Prior notification. Timely notice on land acquisition needed.

A. Prior notification. Written

notification prior to withdrawal (acquisition) of land.

A. Same.

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Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

B. Information disclosure. LAR

documents should be disclosed in a timely manner and in a language accessible to local population.

B. Information disclosure LAR

decisions to be published in national media in Russian and Tajik within 5 days from approval.

B. Same in principle, different in

application to ensure full LARP disclosure. Already reconciled for ADB projects.

C. Public consultation. Meaningful

public consultations are to be held with the DPs. DPs should be informed about their entitlements and options, as well as resettlement alternatives.

C. Public consultation. There are no

requirements to inform directly the DPs about their entitlements and resettlement options as such.

C. Different in principle and

application. Already reconciled for ADB projects.

D. GRM should be established for

each project s, and information on GRM should be communicated to DPs.

D. GRM. No project specific GRMs

exists. Disagreements are resolved by ЭСЫouРС HukumКЭЬ’ РЫТОvКnМО mechanism or appeal to court.

D. Different in principle and

application. Reconciled for ADB projects.

5. Prior

acquisition

A. Property can be acquired only

after full compensation is paid to the DPs

A. Property can be acquired only

after full compensation is paid to the DPs

A. Same in principle and application.

6. Resettlement

planning,

assessment and

valuation of

project impacts

A. LARP Preparation: includes

compensation entitlements, income/livelihood restoration strategy, monitoring plan, budget and implementation schedule, based on sound impact/valuation surveys as detailed below.

i. Detailed measurement survey (DMS). Measures quantitatively impacts for each affected property.

ii. DP census (including review of legal status). Identifies all DPs and establishes a list of legitimate beneficiaries.

iii. Socio-economic survey. Includes information on DP’Ь НТЬКРРЫОРКЭОН by age, sex, family size, education, occupation, income source.

iv. Valuation survey

a) Land: If land market exists, valuation is based on a survey of recent land transactions. In absence of land market info, valuation is based on land productivity and income.

b) Buildings replacement cost of materials, labor and transport and special features of the building/structure without discounting for depreciation, salvaged materials and transaction costs.

c) Trees/crops. Based on the set

A. LARP Preparation: No

requirements to prepare LARP or pursue measures to restore the livelihoods of DPs to the pre-project level. A series of activities similar to those mandated by the SPS are however required as follows:

DMS. Measures all impacts in quantitative terms.

ii. DP census: DP Identification. Identifies all DPs by residence or locality and establishes a list of legitimate beneficiaries based on land title and house ownership status.

iii. Socio-economic survey. No comparable requirements exist

iv. Valuation survey.

a) Land: Mechanisms for land valuation to be defined.

b) Buildings/structures: Market value of materials, labor and transport and special building features but discounted for depreciation, salvage materials, and transaction costs.

c) Trees/crops. Based on the set methodology.

v. M&E: No M&E requirements in

A. Different in principle and

application. Already reconciled for ADB projects through technical instructions.

i. Same in principle and application. Valuation mechanisms need to be updated.

ii. Same in principle and application.

iii. Different in principle and application but already reconciled for ADB projects.

iv. Different

a) Application and valuation method to be developed and mainstreamed.

b) Different in application. Application already reconciled for previous ADB projects.

c) Same in principle, but different in application. Already reconciled for previous ADB projects.

v. M&E: Different in policy but reconciled once LARP is

56

Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

methodology.

v. M&E: M&E depends on the project category, external for Category A and internal for Category B projects.

national legislation endorsed for ADB projects.

7. Special

assistance to

vulnerable

severely affected

and relocating

DPs

A. Vulnerable DPs should be

identified and special assistance should be provided to them so as to help their restoration or improvement of pre-project level of livelihoods

B. Resettlement assistance. DPs to

be resettled receive relocation assistance covering transport and transitional period livelihood costs.

A. Vulnerable DPs: No special consideration is required for vulnerable DPs; no distinction is made between DPs when deciding on the compensation or rehabilitation package B. Resettlement assistance No special consideration is required for resettled DPs. However, the pКМkКРО НОpОnНЬ on GovОЫnmОnЭ’Ь decision regarding transitional period allowance.

A. Different in principle and

application. For ADB projects reconciled by endorsing the entitlement matrix and the LARP.

B. Different in principle and

application. For ADB projects reconciled by endorsing the entitlement matrix and the LARP.

6.5 Project-Specific Entitlements

176. All DPs in the Project are entitled to compensation and resettlement assistance to help the restoration of their livelihoods to pre-Project levels. The combination of compensation measures and resettlement assistance offered to them depends on the nature of the lost assets and the magnitude oП ЭСО PЫojОМЭ’Ь Тmpact as well as the social and economic vulnerability of the affected persons. All DPs are eligible for compensation and rehabilitation assistance, irrespective of their land ownership status. The compensation packages must reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.).

177. All rates were updated based on relevant market studies by qualified appraisers, at the time of the final LARP preparation based on the detailed design (August 2019).

Land

178. The ПolloаТnР ЭвpОЬ oП lКnН ТmpКМЭЬ КЫО ЫОМoРnТгОН unНОЫ ЭСО RОpuЛlТМ oП TКjТkТЬЭКn’Ь lКаЬ;

(i) Agricultural land: Households with agricultural land use right will be rehabilitated through the provision of compensation and equal to following:

a) Permanent land holders (individual and cooperative): Cash allowance for loss of

land use rights equal to the average net income from crops in the past 5 years for the project district, obtained from the Statistical Department, or provision of an alternative land plot of equal value / productivity to the revoked plot. If the residual portion of the affected plot is too small to use, the whole plot is compensated or exchanged;

b) Leaseholders: Cash allowance for the lost income equivalent to 1 year of average crop productivity. The owner of the land use right will be compensated for the loss of the right and the loss of income equivalent to the loss of the lease amount for the remaining lease period.

c) Agricultural tenants: These tenants will receive their share of harvest at market rates (if the impact is temporary) plus 1-year additional average crop productivity compensation (if the land is lost permanently).

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(ii) Residential / Commercial Land: Households with affected residential / commercial land use rights, will be rehabilitated through the provision of the following compensations:

a) Permanent land holders: Cash allowance for the loss of land use rights equal to the current land lease rate/land tax at the time of expropriation, multiplied by 25, the provision of an alternative land plot of equal value/productivity (similar conditions and facilities) to the affected plot. If the residual portion of the plot to be revoked is too small to use, the whole plot is compensated for or exchanged;

b) Leaseholders: Cash payment for loss of income for a minimum of three months and up to 12 months, or continuation of rental agreement on an alternative land plot. The owner of the land use right will be compensated for loss of income equivalent to the loss of the lease amount for the remaining lease period.

Buildings and Structures

179. All DPs, whether titled owners or illegal-non-titled owners of buildings and structures, will be compensated in cash at replacement cost (including the cost of materials, labor and transport of materials) free of deductions for depreciation, salvageable materials and transaction costs, irrespective of the registration status of the affected assets. The cost of lost water, wastewater, electricity and gas utilities will be included in the compensation. In addition, the compensation will include the cost of registration/legalization of the new building/structure. Renters of buildings/structures will receive an allowance for the loss of income (based on a tax declaration) caused by the loss of the rented building/structure for no less than 3 months, or continuation of their rental agreement at an alternative building/structure. If the tax declaration is not available, the compensation will be calculated as per the sum stated in the valid rental agreement. Crops and Trees

(i) Crops: Compensation to all DPs irrespective of their legal status in cash equal to 1 year of average crop production in the project area. This shall apply whether the land is fallow, or cropped.

(ii) Fruit-bearing trees: Compensation based on an age category and the market value of 1 year of income times the number of years needed to grow a tree of similar productivity, plus purchase price of seedlings and starting materials. (Annex 6-1)

(iii) Wood and decorative trees are not compensated for. The DP will keep wood from the cut tree.

Businesses

(i) Permanently lost business: Compensation equal to up to 1-вОКЫ’Ь nОЭ ТnМomО (loЬЭ profit) plus the cost of lost certificates / licenses / patents. The income calculation shall be based on the official tax declaration, or (if a tax declaration is unavailable) it is accepted as the official monthly average wage multiplied by the number of months needed to restore the business (up to 12).

(ii) Temporary disruption: Compensation equal to the net income for the period of business interruption (less than one year) based on a tax declaration or, if tax declaration is unavailable, it is calculated by multiplying the official monthly average wage by the number of months since the operation was disrupted (less than 12).

(iii) Business workers and employees: Compensation for lost job (termination of employment agreement) due to permanent or temporary termination of business activities amounting to three-months of their official wage, or, if unavailable, the official monthly average wage multiplies by three.

Relocation, Transition and Severity/Livelihood Rehabilitation Allowances

(i) Transportation allowance for the cost of labor and vehicle rent to transport the households /and business belongings to a new location;

(ii) Communal and site preparation cost for the alternative land plot (including connection to power grid, water supply system, installation of a latrine);

58

(iii) DPs who lose more than 10% of their income source or DPs who are to be relocated, will receive either payment equal to 1 year's average crop production in the project district, in addition to standard crop compensation, or cash allowance equal to three months of the official monthly average wage, whichever is higher.

180. There is no monetary compensation for loss of common, public or any government department assets. Affected common and public assets will be fully replaced or rehabilitated to maintain their pre-project functions.

Vulnerable Groups

181. TajikiЬЭКn’Ь lОРТЬlКЭТon НoОЬ noЭ mКkО К НТЬЭТnМЭТon ЛОЭаООn vulnОЫКЛlО КnН oЭСОЫ МКЭОРoЫТОЬ oП DPs when deciding on compensation for affected assets. Also, there is no special consideration given unНОЫ TКjТkТЬЭКn’Ь lКаЬ КnН ЫОРulКЭТonЬ Эo vulnОЫКЛlО DPЬ (ЭСО poor, women-headed households or families with many children) during the LAR process. There are no national standards to assess povОЫЭв. TСО LКа “On mТnТmКl МonЬumpЭТon ЛКЬkОЭ”, аСТМС аoulН Кlloа ПoЫ ПooН-based poverty assessment is still pending endorsement. Currently, if a household needs to be registered as poor, the family members need to do the following:

(i) VТЬТЭ ЭСО JКmoКЭ’Ь ЬoМТКl pЫoЭОМЭТon oППТМОЫ; (ii) Submit passports and other personal documents for each family members; (iii) Submit official documents on income for every family member; (iv) Submit information about land used; (v) Information on husbandry; (vi) Complete all necessary assessment forms provided by Hukumat; (vii) The completed forms are forwarded to Hukumat; (viii) Decision is made in Hukumat based on points for each parameter considered

182. The Government provision to the poor amounts to 100 TJS per quarter given to households registered by the Hukumat departments as poor; single women headed households with dependent children; large households with five or more children below 18 years of age, and households with a disabled member. The vulnerable households affected by the Project, will be provided with assistance equivalent to the official monthly average wage multiplied by three.

Temporary Impacts

183. In case of temporary land acquisition, compensation shall be based on local commercial rental rates for the duration of use. The land shall be restored by the contractor to its original status at the end of the rental period. 184. Any unanticipated impact that occurred during the Project implementation, (such as additional land and other assets acquisition, unavoidable stoppage of business during the construction) will be compensated as per the entitlement matrix. All the necessary conditions related to unanticipated impact during the construction will be included in the civil work contract with the Contractor. 185. The following Project-specific Entitlement Matrix details the entitlements agreed for this Project:

59

Table 6-1: Project-specific Entitlement Matrix

No Asset Displaced Person

Compensation Entitlements

Permanent Loss

1

Agricultural land (all losses irrespective of severity)

Individual land-use rights holders

Cash allowance for loss of land use rights equal to net income in the last 5 years generated from the affected land area, at market rate, at the time of taking; or Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Collective land-use rights holders

Cash allowance for loss of land use rights equal to net income for the last 5 years generated from the affected land area at market rate at time of revocation; or Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining part of the plot to be taken is too small to use, the whole plot is compensated or exchanged. Agriculture leaseholders will be compensated for 1 year of lost crops from the affected area.

Renters and leaseholders

Rental allowance in accordance with the conditions of the rent agreement, but not less than the cost of rent for 3 months; or Continuation of rental agreement on alternative land plot or cash allowance for the lost income equivalent to 1 year of average crop productivity.

Informal (if any)29 Provision of opportunity to lease a plot on state land. Relocation allowances.

2

Residential and commercial land

Owners

Cash allowance for loss of land use rights in cash equal to current annual land lease rates at the time of acquisition multiplied by 25; or Provision of alternative land plot of equal value/productivity (similar conditions and facilities) to plot lost. If the residual portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Renters Rental allowance in accordance with the conditions of the rental

agreement, but no less than the cost of rent for 3 months, or Continuation of the rental agreement on an alternative land plot.

Informal (if any) Provision of opportunity to lease a plot on state land. Relocation allowance if applicable.

3 Buildings and structures

Owners of structures including “ТnПoЫmКl” КnН encroaching

Cash compensation at replacement rate for affected structure/other fixed assets (without deduction of depreciation, taxes, costs for salvageable materials and other transaction costs). All buildings and structures will be compensated in their entirety; or

AММoЫНТnР Эo ЭСО oаnОЫ’Ь МСoТМО, ТП ПОКЬТЛlО, К ЛuТlНТnР ПoЫ building/structure for structure exchange.

Renters

Rental allowance in accordance with the conditions of the rental agreement, but not less than cost of rent for 3 months; or

Continuation of the rental agreement for an alternative building/structure.

4 Crops All DPs, including “ТnПoЫmКl” КnН encroaching

Cash compensation equal to gross income generated on the affected land area for 1 year at market rate at time of revocation.

5 Trees All DPs, including “ТnПoЫmКl” КnН encroaching

Compensation reflecting income replacement. Cash compensation for productive trees based on the net market value of 1 year of income multiplied by the number of years needed

29LКnНlОЬЬ DPЬ аТЭСouЭ ЫТРСЭЬ Эo uЬО lКnН, lТvТnР on ТnМomО ПЫom ЭСО ТllОРКllв uЬОН lКnН ploЭ. DPЬ oаnТnР lКnН КНjКМОnЭ Эo ЭСО ТllОРКllв uЬОН pКЫМОl аТll ЛО МompОnЬКЭОН ПoЫ loЬЬОЬ ПЫom ЭСО ТllОРКllв uЬОН pКЫЭ КЬ pОЫ ЭСО ОnЭТЭlОmОnЭ mКЭЫТб.

60

No Asset Displaced Person

Compensation Entitlements

to grow a tree to a similar level of productivity, plus purchase of saplings and starting materials. Wood trees are not compensated, and DPs keep cut trees.

6.

Business and employment (temporary and permanent)

All DPs (including workers of affected businesses

Owners of shops / commercial establishments: In case of permanent loss, compensation equal up Эo 1 вОКЫ’Ь nОЭ

income (lost profits) plus cost of lost certificates/licenses/ patents. The income is based on the official tax declaration, or (if tax declaration is unavailable) it is accepted as the official monthly average wage30 multiplied by up to 12 (months).

In case of the temporary loss of a business, compensation equal to the net income for the period of disruption (<1 year). The income is based on the tax declaration, or it is calculated based on the monthly average wage multiplied by the number of months since the operation was disrupted (less than 12 months).

WoЫkОЫЬ ТnНОmnТЭв ПoЫ loЬЭ аКРОЬ ОquКl Эo 3 monЭСЬ’ ТnМomО. FoЫ temporary loss of employment, indemnity for lost wages for the duration of impact if less than 3 months.

7. Relocation Physically displaced households regardless of type of impact

Transportation allowance (cost of labor and vehicle rent to transport materials and belongings of the affected house/business structures and stocks to a new location.

Communal and site preparation cost for the alternative land plot (including connection to power grid, water supply system, installation of latrine etc.).

8 Severely affected households

DPs losing more that 10% of agricultural land/ income resources, DPs needed to physically relocate due to loos of home or business.

Severity/livelihood rehabilitation allowance in the form of cash compensation equal to the official monthly average wage for 3 months.

9. Vulnerable households

DPs receiving government assistance for poor, single women-headed HH below poverty line, elderly households, households with no means of living, households headed by disabled person or other HH members.

Allowance equivalent to official monthly average wage for 3months; Enrolment in Government social assistance, if not yet enrolled;

Priority in project-related employment for members of vulnerable households (if at legal working age).

10. Public / common assets

Rehabilitation/substitution in kind or in cash at replacement cost of

affected items and rehabilitation of their functions. Alternative service supplied, if cut off temporarily.

Temporary Loss

11. Temporary impacts

All relevant DPs

For unforeseen and temporary impacts other than stated above, ADB SPS (2009) general principles and objectives will be used as the minimum benchmarks, and appropriate impact mitigation measures will be sought to meet them.

The payment for rented land during the construction, will be based on the market price under negotiated agreement. After discontinuation of land use, the land must be restored to the original status, or as per the agreement with the land rights holder31.

30

The official average monthly wage for March 2019 is 1,364.70 TJS/month and reported within macroeconomic

indicators by the Agency on Statistics under President of the Republic of Tajikistan. Available via: http://stat.tj/en/macroeconomic-indicators/ and http://www.tradingeconomics.com/tajikistan/wages

31 In ЭСО МКЬО ЭСКЭ ЭСО ConЭЫКМЭoЫ КnН LКnН-uЬО ЫТРСЭЬ СolНОЫ ЛoЭС КРЫОО Тn аЫТЭТnР Эo lОКvО ЭСО lКnН КЫОК Тn К ЬЭКЭО pЫОМТЬОlв

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No Asset Displaced Person

Compensation Entitlements

Unanticipated impacts

12.

Other unanticipated assets loss or impact on livelihood

All DPs residing in the project corridor before the cut-off date.

Compensated as per the Project-specific Entitlement Matrix.

6.5 Income Restoration and Relocation Strategy

186. One main residential building will be demolished. The DPs will receive monetary compensation for the loss of a house and supporting buildings and structures, calculated at replacement cost, inclusive of all administrative costs such as the cost of a technical passport for buildings, land use right certificate for the remaining area and any other related costs. In addition, the displaced household will receive a severity livelihood rehabilitation allowance equal to the official national monthly average wage for 3 months. The second affected residential house is uninhabited and that is the reason for not considering it КЬ “Эo ЛО ЫОloМКЭОН AH” 187. The AH which will receive a rental allowances for three months and a transport allowances for their household goods. The advertised properties for rent are presented in annex 8-1 and the DPs were informed about the availability of such properties at the market. The DPs stated that they will reconstruct the house on the same land plot where they already have another residential building under construction. (Annex 8-1)

Table 6.2: Livelihood Restoration Measures for Relocated AHs

No of AHs/ DPs

Description of Loss

Relocation Compensation and Assistance Provided Time for

Relocation

1/5 Residential house and improvements

Self-relocation

Cash compensation for all affected assets at replacement cost based on assets affected. 30 calendar

days after the delivery of full compensation (other flexible timeline has to be agreed between the DPs, UTY and khokimiyat)

Allowance as severely affected to be relocated AH in amount of 3 x average national monthly salary.

Assistance on transportation for the assets to be moved.

Rental allowance for temporary accommodation for three months covering the average period needed for the construction of a new house.

Compensation for affected trees on residential land

НОЬМЫТЛОН Тn ЭСО КРЫООmОnЭ.

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7 INSTITUTIONAL ARRANGEMENTS 7.1 General

188. The planning, preparation and implementation of the LARP involves distinct processes and different parties. This chapter details the core agencies and organizations involved, as well as their roles and responsibilities during the land acquisition and resettlement activities.

189. Various State Agencies and Institutions are responsible for different functions in the LAR processing and implementation. The Land Code stipulates that the decision for LAR for state and public needs is made by the local state authority (district authority) or, for major infrastructure projects, the decision on LAR may be approved by the Government. More specifically, the Mayor of Dushanbe who is inter alia in charge of construction/ infrastructure projects in Dushanbe City, endorses LAR related decisions, including compensation packages.

7.2 Core Agencies and Organizations Asian Development Bank 190. The Asian Development Bank (ADB) will be the funding agency of the Project. In addition to funding, ADB will periodically review the Project and LARP implementation as well as provide clearance for contract awards and the signing/initiation of civil works on the Project. The main responsibilities of ADB are: guidance for LARP preparation, approval and disclosure of the LARP and issuance of a no objection letter for the beginning of the construction works. The EA and IA will be wholly responsible for the implementation of the Project as agreed jointly between the government and ADB. ADB will be responsible to support project implementation, including compliance by the EA and IA of their obligations and responsibilities for project implementation in accordance with ADB policies and procedures. Any changes to the Project implementation arrangements made following ADB Board approval of the project will be subject to approval in the context of government and ADB procedures and subsequently incorporated into the Project Administration Manual (PAM). The Executive Agency

191. The EA will be the Local Executive Body of the Dushanbe City, and the IA will be the State Unitary Enterprise Dushanbevodokanal (DVK), under which a project implementation unit for the project called Project Implementation Group was established. The project will be under MOF oversight. The EA and the IA will provide its relevant portion of the counterpart funds for the Project on time including the necessary counterpart funds for (i) advance actions for the recruitment of national consultants for the detailed engineering, preparation of bid documents and establishment of a grievance mechanism by the EA acceptable to ADB; and (ii) land acquisition and resettlement costs in accordance with the LARP. 192. The EA will ensure that adequate funds are provided through annual budget allocations to sustain the operation and maintenance of the Project facilities in sound functional order after Project completion, including sufficient funds to provide efficient operation and necessary maintenance of the completed Project facilities. The Government, the EA and IA will ensure thet the implementation of the Project will conform to all applicable ADB policies including those concerning anticorruption measures, safeguards, gender, procurement, consulting services, and disbursement as described in detail in the project administration manual and loan documents. These assurances are part of the GЫКnЭ’Ь legal documents. The Government shall ensure or cause the EA and the IA to ensure that no physical or economic displacement takes place in connection with the Project until:

(a) compensation and other entitlements have been provided to affected people in accordance with each updated LARP; and

(b) a comprehensive income and livelihood restoration program has been established in accordance with each updated LARP

(c) no physical or economic displacement takes place untill the LARP implementaiton Compliacne Report is approved by ADB.

63

The DVK Project Implementation Group (PIG)

193. The DVK has established a Project Implementation Group. The PIG will, during the duration of the Project, ensure the operation of the project implementation group and adequate resources and skilled personnel. The PIG employed staff with extensive experience in managing ADB Projects including a full time designated safeguards specialist who, with assistance from other designated officials as necessary, will be managing the implementation of the LARP, including co-ordination of the work of all involved agencies. The PIG Social Safeguard Specialist is responsible directly to the PIG Director. The PIG Social Safeguards Specialist is responsible for:

(i) cross-agency coordination and cooperation (ii) liaison between the resettlement specialists of the Supervision Consultant, other relevant

organizations, agencies and government authorities and ADB with respect to LAR tasks (iii) verification of the list of DPs based on the final design; (iv) updating a database of DPs and impacts based on the verification results; (v) maintaining regular coordination and communication with relevant state agencies; (vi) following up and providing support during notification of DPs on upcoming land/property

acquisition; (vii) providing support during verification of the DP census and socioeconomic survey data,

and valuation of the land and other assets to be acquired; (viii) preparing documents for negotiation of compensation with the DPs; (ix) preparing documents for formalizing agreements with DPs, processing of compensation

payments, following up with registration of land / property titles; (x) conducing regular consultations and exchange of information with DPs on the

implementation of the LARP; (xi) disclosing the LARP and the information brochures; (xii) reviewing and issuing the LARP to ADB for review; (xiii) planning and managing LARP implementation and the distribution of compensation; (xiv) assisting in receiving, recording, resolving and reporting of grievances related to land /

property acquisition process and other issues related to the Project and coordinate with the local authorities;

(xv) ensuring proper internal monitoring; (xvi) monitoring/supervising the temporary land acquisition carried out by contractor(s)

engaged for the project; (xvii) ensuring overall social safegaurds complaince of the project in all phases; (xviii) preparing regular reports on the progress of social safeguards and LARP related

activities, including the LARP Implementation Compliance Report.

The Ministry of Finance

194. The Project will be under the Ministry of Finance (MOF) oversight. Toghether with the EA and Ia, the MOF will approve all of the Safeguard Documents, participate at Grant negotiations and Grant signing.

Ministry of Agriculture

195. The Ministry of Agriculture has the responsibility, together with the local authorities, to provide the data on cropping patterns in the Project area, productivity of lands and other data relevant for calculation of compensation for loss of right to use land, fruit trees yield and other affected crops.

State Committee for Land management and Geodesy (SCLMG)

196. During the impact assessment, when land user data is concerned, land specialists from SCLMG subdivisions at district and jamoat levels provide information on ownership/use rights and propose the replacement land plot for DPs. The central office of the CLMG, through its subdivisions like “Markaz Zamin” or “Fazo”, deals with the transfer of land use rights from land users to the EAs. Based on the National Law on State Registration of Immovable Property and Rights to it a Unified Registration System (URS) was created under SCLMG, which combines functions of several

64

institutions such as Mezhraion (Inter-district) Bureau of Technical Inventory (MBTI), the Ministry for Justice and some of the functions of local government offices into a more efficient and streamlined registration authority. There are 34 URS offices operating at district and city level in the country. During the LARP preparation and implementation phases, the agency will provide the following services:

(i) together with the DMS and valuation teams visit each affected property, provide

information on the right to use land and verify the documents on ownership use rights;

(ii) participate in the technical inventory of the immovable property and assist in preparation of the ownership certificates for the remaining immovable assets;

(iii) enable objective valuation of affected immovable assets by providing information necessary for the valuation.

StКtО UnТtКЫy EntОЫpЫТsО ПoЫ VКluКtТon (SUE) ‘NКЫkhРuzoЫТ’.

197. All agencies involved in the appraisal process should be licensed to perform such services. Of all the pricing and valuation entities functioning in the country, both independent and state-owned, the State Unitary Enterprise (SUE) “Narkhguzori” (pricing) under the State Committee on Investment and State Property Management is the only licensed institution performing valuation services for huge infrastructure development projects. During the LARP preparation, the valuators of the SUE ‘NКЫkСРuгoЫТ’ аТll:

(i) Valuate all state-owned assets, valuate project affected residential, commercial or

industrial buildings (and the functional land plot associated with the structures).

District Authorities

198. District level authorities are responsible for general LAR cases. The district authorities base their review and decisions for LAR on planning documents and other designs, as well as approved ПОКЬТЛТlТЭв ЬЭuНТОЬ. DТЬЭЫТМЭ КuЭСoЫТЭТОЬ ЬСoulН аoЫk МloЬОlв аТЭС ЭСО МlТОnЭ’Ь vКluКЭТon/КЬЬОЬЬmОnЭ ЭОКmЬ who prepare the documents necessary for LAR. These documents include the impact details for DPs, the unit cost per type of impact and a list of DPs for compensation. The district office representative of the Ministry of Agriculture values the loss of crops and fruit trees, the district office representative of the Committee on Environment Protection values wood trees, the district office representatives of the Ministry of Labor and Social Protection and Tax Committee value the loss of income/business/job. Valuation of structures/buildings and other tangible assets require a special valuation license; therefore, this task is contracted out to SUE "Narkhguzori". The impact assessment should be verified/signed and stamped by relevant district level agencies (chief architect, head of agriculture department, head of land management committee, MBTI etc.) Based on the list of DPs the district level authorities prepare a request letter for compensation payment and send it to the EA for further action.

The Local Executive Government Districts (Hukumats)

199. The District (Hukumat) is the local administrative body, established in all cities and districts. It is under the district level and above the jamoat level. The hukumat is led by a chairperson who has a wide range of responsibilities and authorities including land management, housing and infrastructure, social security, law and order, healthcare and production. The planning and implementation of any LAR КМЭТvТЭТОЬ ЫОlКЭОН Эo lКnН КnН КЬЬОЭЬ ТЬ НonО ЭСЫouРС НТЬЭЫТМЭЬ’ КuЭСoЫТЭТОЬ (HukumКЭЬ). TСТЬ ТЬ ЭСО local administration that has a direct link with the people through sub-districts ‘Jamoats’ and heads of communities. In relation to land and immovable property administration, the Hukumat assists the concerned departments in resolving issues such as allocation of land use rights, and decisions on acquisition of land use rights and allocation of alternate sites for resettlement.

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Jamoat 200. The jamoat is the sub-district level local authority and is instrumental during impact assessment by identifying/verifying land users and their type and ownership/use status. The jamoat also re-confirms the names of DPs, etc. While district level authorities officially endorse the list of DPs, the jamoat level authorities are the front-line force working with the surveyors to identify the impact. The Land Code of the Republic of Tajikistan (Article 8) defines the land-related role of jamoats as follows:

(i) assignment and confiscation of land; (ii) establishment and approval of the size of privately tilled household plots within the

norms specified in Article 71 of the Code; (iii) registration of titles to land use and land-lease agreements; (iv) keeping of household registers; (v) control over land use and land protection.

City and Town Local State Executive Authorities 201. These are the bodies of local government in the cities and towns. Their functions in relation to LAR are basically the same as those of district authorities and depending on the scope of the project entailing LAR, the relevant critical decisions may be taken either at the city/town level or by the national Government.

LAR Committee and Other State Agencies

202. TСО mКТn ЫolО oП ЭСО LAR CommТЭЭОО ТЬ ТНОnЭТПТМКЭТon oП ТmpКМЭ КnН vКluКЭТon oП loЬЭ КЬЬОЭЬ. TСО LAR CommТЭЭОО ТЬ МompЫТЬОН oП ЫОpЫОЬОnЭКЭТvОЬ ПЫom ЭСО DVK, DТЬЭЫТМЭ CommТЬЬТon ПoЫ LКnН AМquТЬТЭТon, SЭКЭО AЫМСТЭОМЭuЫО, SЭКЭО CommТЭЭОО on InvОЬЭmОnЭ КnН SЭКЭО PЫopОЫЭв MКnКРОmОnЭ, SЭКЭО UnТЭКЫв EnЭОЫpЫТЬО ПoЫ HouЬТnР КnН CommunКl SОЫvТМОЬ, ЫОlОvКnЭ loМКl РovОЫnmОnЭЬ ЬuМС КЬ jКmoКЭЬ КnН СukumКЭЬ, ЫОpЫОЬОnЭКЭТvОЬ oП НОkСКn ПКЫmЬ, ОnvТЫonmОnЭКl НОpКЫЭmОnЭ, ЬКПОРuКЫНЬ ЭОКm КnН oЭСОЫЬ. TСО LAR CommТЭЭОО ЬООkЬ Эo ОnЬuЫО НuО НТlТРОnМО Тn ЭСО ТmplОmОnЭКЭТon oП ЭСО НОЭКТlОН mОКЬuЫОmОnЭ ЬuЫvОв (DMS), МОnЬuЬ oП ЭСО НТЬplКМОН pОЫЬonЬ КnН vКluКЭТon oП КМquТЫОН КЬЬОЭЬ. TСО LAR GЫoup ОnЬuЫОЬ ЭСКЭ ЭСО DMS КnН vКluКЭТon ЫОЬulЭЬ КЫО ЭОМСnТМКllв МompЫОСОnЬТvО КnН Мomplв аТЭС ADB ЬoМТКl ЬКПОРuКЫН ЫОquТЫОmОnЭЬ КЬ аОll КЬ ЭСО ЫОlОvКnЭ noЫmЬ oП ЭСО RОpuЛlТМ oП TКjТkТЬЭКn. 203. TСО mКТn ЫОЬponЬТЛТlТЭТОЬ oП ЭСО LAR CommТЭЭОО КЫО Эo:

(i) pЫОpКЫО ЭСО pЫОlТmТnКЫв lТЬЭ oП НТЬplКМОН pОЫЬonЬ КnН КППОМЭОН КЬЬОЭЬ; (ii) МonНuМЭ К DMS ПoЫ ОКМС КЬЬОЭ КППОМЭОН; (iii) pЫОpКЫО Кn ТnvОnЭoЫв oП loЬЬОЬ; (iv) ТНОnЭТПв non-ПoЫmКl КЬЬОЭЬ, ЛuЬТnОЬЬОЬ КnН ТllОРКllв uЬОН lКnН; (v) МСОМk nОМОЬЬКЫв НoМumОnЭЬ Эo ОЬЭКЛlТЬС ЭСО lОРКl ЬЭКЭuЬ oП КППОМЭОН КЬЬОЭЬ; (vi) vКluКЭО КППОМЭОН КЬЬОЭЬ Тn КММoЫНКnМО аТЭС ЭСО lКаЬ КnН lОРТЬlКЭТonЬ oП ЭСО RОpuЛlТМ

oП TКjТkТЬЭКn КnН ADB SPS (2009) ЫОquТЫОmОnЭЬ; (vii) КЬЬТЬЭ Тn ЭСО ЫОЬoluЭТon oП РЫТОvКnМОЬ Лв vТЬТЭТnР ЭСО loМКЭТon, oП ЭСО РЫТОvКnМО, КЬЬТЬЭ

ЭСО GRC Лв ЬuРРОЬЭТnР ЬoluЭТonЬ Эo ЭСО РЫТОvКnМО КnН pКЫЭТМТpКЭТnР Тn ЭСО GRC mООЭТnРЬ аСОn ЫОquТЫОН.

204. The State Committee for Land Management and Geodesy (SCLMG) is the central government body with executive power for land management. It was approved by Order No. 225 of the Government of the Republic of Tajikistan on 3 May 2010 and it determines the general and special properties of authenticity of the documents provided for completion of the state registration of real estate and the rights to it. This Committee, together with the state enterprises under its control, is responsible for:

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(i) managing survey work including land cadasters, geodesy, aerial imagery and topographic mapping

(ii) controlling the use and protection of land, geodesy, and further development of the level of government geodetic control, aerial imagery and mapping activities

(iii) undertaking government activities on land management, land cadaster, geodesy, aerial imagery, mapping

(iv) undertaking surveying and land plot formation activities (v) registering land use rights and implementation of land reform (vi) preparing and issuing of Land Use Right Certificates

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(vii) acquiring land as requiring by the state, registering changes of land users and allocating new land plots

(viii) surveying the land plots, that are the subject to land use rights (ix) developing projects for allocation of land use rights for non-agricultural needs (x) implementing land assessment work, soil assessment and economic valuations of

land.33

(xi) providing a technical inventory of residential houses, buildings, apartments and

state companies (xii) providing technical inventory and valuation of affected structures, and (xiii) providing registration of ownership and preparation of an Ownership Certificate for

immovable assets. Construction Supervision Consultants 205. The Construction Supervision Consultants (CSC) will assist DVK PIG to:

(i) Ensure complete relocation or reconstruction of affected structures / businesses before civil works commencement and payment of appropriate compensation before displacing the DPs;

(ii) Monitor LARP implementation process, provide data and support to PIG during preparation of quarterly monitoring reports, Compliance report on LARP implementation and monitoring activities;

(iii) Inform the PIG on the issues and bottlenecks that arise during LARP implementation and monitoring, and provide recommendations and suggestions on solution of such issues;

(iv) Control the activities of Contractor(s) and Subcontractor(s) if any, including implementation of mitigation measures, temporary land acquisition, etc.;

(v) Provide advice to PIG on LAR issues and grievance redress; (vi) Study, communicate to PIG and implement immediate remediation in case of any

non-compliance with the LARP. (vii) Prepare and supervise the consultations, disclosure of information and

documents, detailed measurement survey, census and socioeconomic survey in case of impact changes and need to prepare an Addendum to the LARP or other resettlement-related documents; and

(viii) Coordinate with the licensed valuator in the conduct of official valuation of the newly affected assets to ensure that these are conducted following the replacement cost principles of the ADB SPS (2009);

206. The institutional arrangement for the implementation of the LARP is presented in the following figure.

32TСТЬ ТЬ К lОРКl НoМumОnЭ ЭСКЭ vОЫТПТОЬ ЭСО ЭТЭlО СolНТnР oП Кnв pКЫМОl oП lКnН. 33

Government Decree No.590, dated 28 December 2006 provides the details of the roles and responsibilities, organizational structure and its associated enterprises.

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Figure 7-1: Project Institutional Arrangements

Local Body of Executive Authority of Dushanbe City (city administration- the Executing Agency)

Dushanbevodokanal (The Implementing Agency)

Procurement Specialist

Project Manager - Civil Engineer

Financial Specialist

Monitoring & Evaluation Specialist

Water Supply & Sewerage

Engineer

Director of the Project Implementation Group of Dushanbe City

Gender Specialist

Environmental Safeguards Specialist

Social Safeguards Specialist

Consulting Company for the Project Management

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8 RESETTLEMENT PLAN BUDGET

8.1 Background

207. This chapter describes the methodology adopted for the determination of unit rates, cost of LAR and compensation that will be paid to DPs for resettlement impacts caused by the Project. The compensation entitlements of different categories of DPs presented in this chapter have been defined according to the ADB SPS 2009 requirements and the applicable laws of the Republic of Tajikistan. The compensation rates for buildings, structures and fruit trees, were determined by a certified independent valuator. All land in Tajikistan belongs to the government and therefore, there is no official land market, nor established value of land. As accepted for other ADB Projects, compensation is paid for the loss of land use right. Compensation for loss of land use right is based on the HukumКЭЬ’ НКЭК on ЭСО вОКЫlв вТОlН oП НТППОЫОnЭ МЫopЬ РЫoаn Тn ЭСО КЫОК. TСО vКluО oП loЬЭ ЛuЬТnОЬЬОЬ’ profit is based on data received from the Taxation Committee of the Republic of Tajikistan issued in Hukumats.

208. The first DMS was conducted in May 2018 during the preparation of draft LARP based on preliminary design by the team of specialists and with presence of the raisi mahale (chief of the affected villages), jamoats representatives, DVK water and sewerage technical staff, TRTA water engineer, and international and national resettlement specialists, with the participation of the DPs. The DMS was updated in August 2019 and the updates were based on the detailed design for the sewerage component of the Project.

209. In КММoЫНКnМО аТЭС ЭСО ADB’Ь SPS 2009 ЫОquТЫОmОnЭЬ, ЭСО МuЫЫОnЭ РЫounН ЬТЭuКЭТon mОКЬuЫОН is based on the actual size of the assets used by the AHs at the time of the measurement. The design engineering consultant engaged a licensed valuation company to independently evaluate affected buildings, constructions, and other immovable assets except land. The valuation updates of all affected assets were conducted in August 2019 and compensation calculated with the August 2019 replacement cost prices. Usually, the prices are updated after one year from the valuation date if the LARP was not implemented within one year. The following paragraphs outline valuation methodology and compensation for each type of affected assets. There is no agricultural land loss caused by this Project.

8.2 Compensation for Trees

Valuation of Trees

210. The calculation of losses for fruit trees and saplings was carried out by a professional valuator. The valuation of affected fruit trees is based on the replacement cost principle which ТnМluНОЬ ЭСО nОЭ mКЫkОЭ vКluО oП ЭСО ЭвpТМКl ЭЫОО’Ь КnnuКl ТnМomО mulЭiplied by the number of years needed for cultivation of a new tree to its mature age. (Table 8-2). The data on average annual income and the average price per kg of fruit for the last season, are given by the agriculture statistics units from Hukumats. In this approach, the following indicators are also considered: type of tree, age at which it gives full harvest, typical yield, average yield cost and the region where the tree is grown. The cost includes the cost of saplings based on the price of saplings in the nurseries. Wood trees are not commonly compensated in Tajikistan, but DPs keep cut trees.

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8-1: Valuation of Fruit Trees

No Type of tree Price for 2 yrs old tree at Market "Ganjina"

Price for fruit tree from 2 to 6 yrs at Market "Ganjina"

Average yearly yield per tree (3 to 6 yrs old) (kg)

Average yearly yield per tree (7 to 9 yrs old) (kg)

Average yearly

yield per tree (10 + yrs old)

(kg)

Current market price (TJS/kg)

Period of replanting

tree (year)

1 ApplО ( ) 8 to 15 TJS (12) 50 to 400 8 to 10 10 to 20 20 to 30 5 3

Stony fruits

1 SouЫ МСОЫЫв ( ) 10 to 15 TJS (13)

50 to 400

6 to 12 12 to 20 30to 40 5 3

2 Sweet cherry (Ч ) 10 to 15 TJS (13) 10 to 12 15 to 20 20 to 30 8 3

3 ApЫТМoЭ ( ) 8 to 10 TJS (9) 8 to 10 10 to 30 30 to 40 3 3

4 PОКМС ( ) 10 to 15 TJS (13) 5 to 10 12 to 25 30 to 40 4 3

Tree with tiny seeds fruits

1 GЫКpОЬ ( ) 10 to 25 TJS (13) 40 to 400

5 to 12 12 to 20 30 to 40 3 3

2 MulЛОЫЫв ( ) 8 to 15 TJS (12) 5 to 10 10 to 20 20 to 30 4 3

Subtropical trees

1 PomОРЫКnКЭО ( ) 12 to 15 TJS (13) 40 to 300

5 to 10 10 to 20 20 to 40 6 3

2 Plum ( ) 12 to 15 TJS (13) 10 to 13 15 to 25 30 to 40 3 3

Nuts trees

1 AlmonН ( ) 10 to 20 TJS (15) 60 to 300

2 6 12 15 3

2 WКlnuЭ ( ) 10 to 20 TJS (15) 7 10 to 30 40 to 50 9 3

PMU for evaluation tel: 918-36-00-02, 907-22-00-02 Prices as of August 2019

Compensation for Fruit Trees

206. The calculation of losses of fruit trees was carried out by a professional valuator in May-June 2018 and updated in August 2019. The compensation to be paid for fruit-bearing trees affected by the Project amounts to 12,929 TJS. All affected trees and saplings, whether grown on legally or illegally used land, will be compensated. (Table 8-2)

Table 8-2: Compensation for Fruit Trees

No of AHs No of affected trees and saplings

Compensation (TJS)

Compensation (USD)

14 79

12,929.00 1,334.96 54 Total (without double counting)

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Compensation for Loss of Produce

207. The valuation of affected crops is based on the net market value of the annual income from the affected land plot planted by the actual crop. The data on average crop productivity for the Project region and the average price per kg of crops for the last season, are given by the agriculture units from the Project Jamoats Guliston and Russia in August 2019. The average productivity in these two Jamoats differs as well as the market price per kg of different crops. Consequently, the actual losses and compensatТon КЫО ЛКЬОН on ЭСО JКmoКЭЬ’ КМЭuКl НКЭК. Annex 6-2.

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208. The total compensation to be paid to DPs losing standing crops amounts to 15,870.49 TJS (USD 1,638). Table 8-4 details compensation for loss of crops from the affected parts of land.

Table 8-3: Compensation for Loss of Crops

Crops in Project area (Jamoats)

Land under affected crops

(m²)

Average productivity

kР/(m²) Тn PЫoУОМt Jamoats

Market price

TJS/kg

Total cost (TJS)

Total cost (USD)

Corn (Guliston) 1,430.00 0.26 5.00 1,859.00 191.95 Corn (Russia) 2,080.00 0.63 3.00 3,906.24 403.33 Lucerne (Guliston) 6,600.00 0.75 0.94 4,653.00 480.44 Lucerne (Russia) 1,360.00 1.00 0.80 1,088.00 112.34 Vegetables (Russia) 1,150.00 1.27 3.00 4,364.25 450.62

Total 12,620.00

15,870.49 1,638.68

Official exchange rate of USD against Somoni (TJS) http://www.nbt.tj/en/ 1=USD 9,6849 TJS on August 23, 2019

8.3 Compensation for Buildings, Structures and Improvements

Valuation Approach

209. The compensation for alienated buildings and structures was calculated regardless of the legal status. The replacement costs for buildings and structures was determined by calculating the construction cost (material plus the labour) of a similar new building/structure, for the same use and materials, based on market prices without deduction of depreciation cost. All necessary taxes, fees and costs for obtaining the documents for registration of land, design of a new building, cost of technical passports and other related documents to establish the ownership, are included in the replacement cost price.

Residential Buildings and Structures

210. In total, 266,761 TJS ($ 19,630.65) will be paid to owners of 2 affected main building and 8 ancillary building which will be lost as a result of land acquisition. Table 8-6 details compensation for the affected residential buildings. The AH whose main residential building is affected, will receive a rental allowances for three months and a transport allowances for their household goods. The AH will reconstruct the affected house on the same land plot where they own another house under construction. (Annex 8-1)

Table 8-6: Compensation for Residential Buildings

Structure type No of structures

Affected unit (m²)

Cost (TJS)

Cost (USD)

A. Residential main buildings

Residential house 2 111.05 239,280 24,706.50

B. Auxiliary residential buildings

Latrine, tandoor, well, tea place 8 42.79 27,481 2,837.51 Total 10 153.84 266,761 27,544.01 Replacement cost prices by a professional valuator as of August 2019

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Compensation for Non-Residential Buildings and Structures

211. In total, 2 AHs (12 DPs) losing non-residential structures will be paid 192,312 TJS ($ 13,351.92) for 3 affected supporting business buildings. The compensation is calculated at cost in August 2019 regardless of the legal status of buildings and structures. (Table 8-7)

Table 8-7: Non-residential Buildings and Structures

No Type of

structures No of

structures Cost of main

building

Cost of ancillary buildings

Total cost (TJS)

Total cost (USD)

1 Shed 1 50,400 12,909 63,309 6,536.88 2 Shed 1 55,776 7,597 63,373 6,543.49

3 Tapchan 1 2,630 0 2,630 271.56

Total 3 108,806 20,506 129,312 13,351.92

Replacement cost prices by a professional valuator as of August 2019

212. Compensation to DPs for affected residential and non-residential fences, walls, curbs, paved areas, and other improvements on land, is presented in Table 8-9. The DPs will receive in cash 2,699.25 TJS for affected structures and land improvements. Replacement cost prices are calculated by a professional valuator in August 2019.

Table 8-8: Gates, Fences and other Land Improvement

Residential and non-residential structures

No of AHs

DPs TJS USD

Gates, fences, sheds, advertisement boards, paved areas, concrete curbs, land improvements.

7 49 26,142 2,699.25

8.4 Compensation for Business and Income Losses

Valuation Approach

211. Affected businesses and their operators/full time workers, regardless of legal status, are to be compensated for their losses. Compensation for legal entity (registered businesses) is calculated as per the tax declared income. There are two affected businesses and five workers eligible for compensation. (Table 8-9) In the absence of recorded income, compensation is based on the average national monthly wage which was TJS 1,364.70 for March 2019. https://tradingeconomics.com/tajikistan/wages)

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Business Losses

213. The total amount of compensation for loss of income from affected businesses amounts to 17,543.36 TJS (USD 1,811.41). The business losses were calculated as per the tax declaration or per the entitlements provision for non-registered businesses. In absence of the tax data, the business losses were calculated as per the entitlement provisions for non-registered businesses. There are 2 petrol businesses including owners, renter and their workers who will be temporarily affected during the construction period. Table 8-9 details compensation for affected business and temporary employment losses.

Table 8-9: Compensation for Businesses

No No of

AHs

No of

DPs Type of Business

Period of impact

(months)

Total compensation

(TJS)

Average yearly profit

(USD)

1 1 7 Petrol station owner- rent agreement $200/month

2 3,873.96 400.00

2 1 8 Petrol station owner/worker (salary TJS 900 +TJS 870/month tax income)

2 3,540.00 365.52

3 1 0 Renter - (No Tax info, paid as non-registered business)

2 2,729.40 281.82

4 5 28 Workers at petrol stations (1 tax info +4 work agreements)

2 7,400.00 764.08

Total 8 43 17,543.36 1,811.41

8.5 Allowances

Severe Impact Allowances

214. Under this LARP, 1 AHs (5 DPs) will lose a residential building, and may need to relocate. The AH will receive an allowance for severely affected households which is calculated as three national average monthly wages. (http://stat.tj/en/macroeconomic-indicators/ and

http://www.tradingeconomics.com/tajikistan/wages). The total compensation for severely impacted AH amounts to 4,094.10 TJS. The details on severely affected households are presented in table 8-10.

Table 8-10: Allowances for Severely Affected Households

Type of impact No of AHs

No of DPs

Total allowances per AH (TJS

1,364.70 x 3 months =TJS 4,094.10)

Total allowances

(USD)

Loss of house (physical relocation within the same land plot)

1 5 4,094.10 422.73

Total 1 5 4,094.10 422.73 Official exchange rate of currencies against Somoni (TJS) http://www.nbt.tj/en/ 1=USD 9.6849 TJS on 23 August, 2019. Average wages for Tajikistan - https://tradingeconomics.com/tajikistan/wages 1,364.70 TJS Mart 2019

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Allowances to Vulnerable Groups

215. Single women head of households, registered poor, households with more than five dependent children and households with members with disabilities, are entitled to allowances for vulnerable groups. There are seven such households with 54 household members. There are no double vulnerabilities in any of the AHs. Each AHs will receive an allowance amounting to three national average monthly salaries. The total amount to be paid in allowances for vulnerable groups is 26,658.70 TJS (USD 2,959.11).

Table 8-11: Allowances for Vulnerable Households

Category No of AHs

No of DPs

Total allowance sum TJS 1,364.70x3=TJS 4,094.10)

Total (USD)

a) Single female head of household with dependents

3 11 12,282.30 1,268.19

b) Disabled member/s in the AHs 2 15 8,188.20 845.46

c) Large households with more than 5 dependent children

2 28 8,188.20 845.46

Total 7 54 28,658.70 2,959.11

Official exchange rate of USD against Somoni (TJS) http://www.nbt.tj/en/ 1=USD 9.6849 TJS on 23 August, 2019; https://tradingeconomics.com/tajikistan/wages 1,364.70 TJS, March 2019

Transportation Allowances

216. The calculation of the transportation allowances was based on the transportation price within the Project area. There is one residential relocation in need for transport while the other AHs losing unfinished home has the main residential building on the same land plot and does not have household belongings to transport. The AH will receive transportation allowance of 500 TJS as a transport allowance. In total, 500 TJS will be paid for the relocation of one household.

8.6 Budget Summary

217. The total LARP implementation cost for the Project amounts to 635,942.31 TJS which is equivalent to $ 65,663.26 as shown in the following table. Displaced persons will be paid 504,716.12 TJS ($ 52,113.70) which includes compensation for losses and applicable allowances. The DVK will ensure that the compensation funds for land acquisition and resettlement are allocated in time for implementation of this LARP. The LARP budget also includes 20% of contingencies which may not be used if the Project design does not change. The budget also includes miscellaneous expenses for administrative costs that might incur during the implementation of the LARP. This expense has been estimated and included in the budget as a single lump sum.

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Table 8-12: Budget Summary

I. Compensation Budget, Including Allowances

TJS USD*

Compensation for loss of crops 15,870.49 1,638.68

Compensation for trees 12,929.00 1,334.96

Compensation for buildings and structures 422,215.00 43,595.18

Compensation for business losses 17,543.36 1,811.41

Allowances to severely AHs 4,094.10 422.73

Allowances for vulnerable AHs 28,658.70 2,959.11

Home rental allowance for 3 months 2,905.47 300.00

Transport and loaders 500.00 51.63

(A) Sub-Total 504,716.12 52,113.70

II. Administrative Costs

(B) Direct LARP admin costs: 5% of (A) 25,235.81 2,605.69

(C) Total: A+ B 529,951.93 54,719.39

(D) Contingency: 20% of (C) 105,990.39 10,943.88

(E) Total LARP Budget = (C)+(D) 635,942.31 65,663.26

* Exchange rate of currencies against Somoni (TJS) http://www.nbt.tj/en/ 1=USD 9.6849 TJS on August 23, 2019, Tajikistan average wages: https://tradingeconomics.com/tajikistan/wages 1,364.70 TJS Mart 2019

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9 LAND ACQUISITION AND RESETTLEMENT PLAN SCHEDULE

218. This Chapter describes the steps taken to prepare the LARP and the activities required to ensure its successful implementation. For the timeline and implementation schedule please refer to Table 9-1. 219. The Implementing Agency (IA) will begin the implementation of the LARP immediately after its approval by ADB and the Government of the Republic of Tajikistan. The following are the particulars of the main LARP preparation tasks:

(i) establishment of the official cut-off date as of 8 May 2018 (Annex 4-2) (ii) extensive consultations with key stakeholders and DPs; (iii) set entitlements and compensation amount based on the agreed entitlement

provisions; (iv) identification and updates of impacts and number of DPs, conducting and updating the

detailed measurement survey; (v) updated valuation of affected assets and determination of compensation amount and

the LAR budget; (vi) preparation of the implementation-ready LARP based on the final design; (vii) submission of the LARP to DVK PIG and ADB for comments and approval;

220. As soon as the LARP is approved by ADB and the Government of Tajikistan, the DVK PIG, with the assistance of local authorities, will inform the DPs about the disbursement of compensation for affected properties as per the provisions set for the project. PIG will give advance notice to the DPs and pay their due compensation based on the eligibility criteria defined in this LARP, and prior to the start of construction work. Grievances or objections (if any) will be redressed as per the grievance redress procedure presented in ЭСТЬ LARP. All КМЭТvТЭТОЬ ЫОlКЭОН Эo LAR (ТnМluНТnР ADB’Ь noЭТМО oП ‘no oЛjОМЭТon’ Эo ЭСО LARP ТmplОmОnЭКЭТon) аТll ЛО МomplОЭОН pЫТoЫ Эo ЭСО МommОnМОmОnЭ oП civil works.

221. A tentative timeline for LARP preparation, implementation and post implementation is summarized in Table 9-1 below. The timeline presented in the following table shows the distinct stages of LARP preparation, finalization and implementation as well as the major milestones in the LAR processes.

Table 9-1: LARP Preparation and Implementation Schedule

LARP FINALIZATION

Update of the LARP based on final design TRTA Consultant 05/08/2019 13/09/2019 Submission of LARP to DVK and ADB for comments and approval

TRTA Consultant 13/09/2019

ADB/DVK comments addressed TRTA Consultant 13/09/2019 20/09/2019 LARP approval/no objection by the government (including LAR budget)

DVK/Government of the Republic of Tajikistan

20/09/2019 27/09/2019

Posting approved LARP on ADB and DVK websites ADB and DVK 27/09/2019

LARP IMPLEMENTATION 27/09/2019 30/11/2019

Disbursement of compensation DVK/DPs 27/09/2019 30/10/2019

Preparation of LARP Monitoring Report PMCSC 30/10/2019 15/11/2019 ADB reviews the LARP Compliance Report ADB 15/11/2019 30/11/2019 ADB approves the LARP Compliance Report ADB 30/11/2019

Commencement of works Contractor 01/12/2019

CONTINUOUS TASKS Internal Monitoring: Quarterly monitoring reports/Semi-annual social monitoring report

DVK

Grievances redress DVK Public consultations DVK

DVK – Dushanbevodokanal; PMCSC – Project Management and Contract Supervision Consultant; TRTA –Transaction Technical Assistance; DPs – Displaced Persons

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10 MONITORING AND REPORTING

10.1 Monitoring and Reporting Requirements

222. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continues as originally planned. The ADB SPS 2009 considers involuntary resettlement impacts significant if 200 or more persons will be physically displaced from their home or lose 10% or more of their productive or income-generating assets. The implementation of this LARP will be subjected to internal monitoring as the Project will not trigger a significant amount of involuntary resettlement. Internal monitoring will be conducted by the DVK PIG, assisted by the PIG resettlement specialist. Monitoring is vital for ensuring that the LARP is effectively implemented, unforeseen impacts related to land acquisition and resettlement activities are identified and appropriate measures to address the same can be taken in a timely manner.

10.2 Internal Monitoring

223. The key objective of the internal monitoring is to monitor the process of LARP implementation such as the compensation process, grievance mechanism and effectiveness of LARP implementation procedure. Internal monitoring will be performed routinely by the DVK PIG with support of PMCSC. The results will be communicated to ADB through the quarterly Project implementation reports. Indicators for the internal monitoring will be those related to the LARP implementation processes, and immediate outputs and results which allow for the assessment of the progress and results of LARP implementation and the adjustment of the work program, if necessary.

224. The DVK PIG will monitor performance (physical progress of the LARP implementation against milestones set in the LARP), impact (whether the objectives to restore the living standards of the affected population have been properly considered and executed), and LARP compliance, indicating whether the compensation program has been carried out in accordance with the provisionЬ oП TКjТkТЬЭКn’Ь lКаЬ КnН ADB policies, and to the satisfaction of the DPs.

225. The DVK PIG’Ь social safeguard specialist will assist the PIG in the internal monitoring of the LARP implementation processes. The social safeguard specialist will:

(i) supervise the community consultations and disclosure of project information; (ii) ensure the replacement cost principles of the ADB SPS (2009) are employed in the valuation

of affected assets and compensation is disbursed in accordance with the endorsed LARP; (iii) ensure relocation/reconstruction of affected structures/businesses are completed and set

compensation paid before works commencement; (iv) monitor the LARP implementation process and provide data and support to PIG during

preparation of quarterly monitoring reports on LARP implementation and monitoring activities; (v) inform the PIG on issues and challenges during the LARP implementation and monitoring;

and provide recommendations and suggestions for a solution; (vi) supervise the implementation of the mitigation measures and temporary land acquisition,

advise PIG on LAR issues and grievance redress, inform PIG on any non-compliance cases, and suggest appropriate remedies.

226. Specific performance monitoring indicators will be:

(i) meaningful public consultations held; (ii) SES/census surveys and assets inventories studies completed; (iii) compensation payments disbursed; (iv) relocation of people completed; (v) income restoration and development activities initiated; (vi) monitoring and evaluation reports submitted.

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227. Impact monitoring will encompass verification of the following indicators:

(i) whether all physical inputs committed in the LARP have been delivered and all services provided;

(ii) whether the mitigation actions prescribed in the LARP have provided the desired effects; (iii) the socioeconomic status of the affected population measured against the baseline

conditions before the displacement.

228. Impact monitoring will be supplemented by the assessment of the DPs satisfaction with the resettlement initiatives and the adequacy of measures applied for ЫОЬЭoЫКЭТon oП DPЬ’ lТvОlТСooНЬ. TСТЬ аТll be done through direct consultations with the affected population and face-to-face meetings with the DPs. 229. ADB SPS 2009 requires monitoring and measuring the progress of implementation of the land acquisition and resettlement plan. It also requires the preparation of a semiannual monitoring report that describes the progress of the implementation of resettlement activities and any compliance issues and corrective actions. In accordance with ADB SPS 2009, both the borrower/client and ADB have their own monitoring responsibilities. Borrowers/clients are required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports on their implementation performance. ADB requires borrowers/clients to:

(i) establish and maintain procedures to monitor the progress of implementation of safeguard

plans, (ii) verify the compliance with safeguard measures and their progress toward intended

outcomes, (iii) document and disclose monitoring results and identify necessary corrective and preventive

actions in the periodic monitoring reports, (iv) follow up on these actions to ensure progress toward the desired outcomes, (v) submit periodic monitoring reports on safeguard measures as agreed with ADB.

230. TСО ОбЭОnЭ oП ADB'Ь monТЭoЫТnР КnН ЬupОЫvТЬТon КМЭТvТЭТОЬ аТll МoЫЫОЬponН Эo ЭСО pЫojОМЭ’Ь ЫТЬkЬ and impacts. Monitoring and supervising of social and environmental safeguards is integrated into the Project performance management system. ADB will monitor the Project on an ongoing basis until a Project completion report is issued. In addition, semiannual social safeguards monitoring report(s) will be prepared and regularly submitted to ADB.

231. ADB will carry out the following monitoring actions to supervise Project implementation:

(i) periodic site visits for Projects with adverse environmental or social impacts; (ii) ЬupОЫvТЬТon mТЬЬТonЬ аТЭС НОЭКТlОН ЫОvТОа Лв ADB’Ь ЬКПОРuКЫН ЬpОМТКlТЬЭЬ/oППТМОЫЬ or

consultants for projects with significant adverse social or environmental impacts; (iii) review the periodic monitoring reports submitted by borrowers/clients to ensure that adverse

impacts and risks are mitigated as planned and as agreed with ADB; (iv) work with borrowers/clients to rectify, to the extent possible, any failures to comply with their

safeguard commitments, as covenanted in the legal agreements, and exercise remedies to reestablish compliance as appropriate; and

(v) prepare a project completion report that assesses whether the objective and desired outcomes of the safeguard plans have been achieved, taking into account the baseline conditions and the results of monitoring.

232. In accordance with the requirements under the Safeguard Policy Statement, ADB shall post on its website the draft, final and updated LARP and the resettlement monitoring reports, upon receipt by ADB.

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10.4 LARP Implementation Report

233. The completion of the LARP implementation will result in the preparation of the LARP Implementation Report which will indicate whether the compensation program has been carried out in КММoЫНКnМО аТЭС ЭСО pЫovТЬТonЬ oП TКjТkТЬЭКn’Ь lКаЬ КnН ADB polТМТОЬ, Кnd to the satisfaction of the DPs. The Report will be submitted to EA and ADB. Approval of the Report by ADB is a condition for the commencement of the civil works. The Report will be based on the following monitoring indicators:

(i) the number of AHs (DPs) received compensation; (ii) affected buildings, structures, businesses; (iii) loss of income and employment; (iv) allowances for severity and vulnerability; (v) full compensation paid on time; (vi) the GRC Logbook entries; (vii) number, nature and substance of grievances; (viii) number of grievances resolved at the Project level; (ix) number of grievances forwarded/resolved at other grievance resolution levels; (x) number, type of consultations with DPs and other relevant stakeholders held; (xi) public consultations activities documented and included in draft LARP; (xii) selection and distribution of replacement land areas where applicable; (xiii) income restoration activities.

234. The above information will be collected by the PIG which is responsible for monitoring the day-to-day resettlement activities of the Project through one or more of the following instruments:

(i) review of census information for all AHs; (ii) consultations and informal interviews with DPs; (iii) sample survey of AHs; (iv) face-to-face discussion with DPs; (v) community consultation meetings.

235. The following table outlines possible monitoring indicators which the PIG will use during the LARP implementation monitoring. Templates for other monitoring tools are given in Annex 10-1.

Table 10-1: LARP Implementation Monitoring Indicators

Monitoring Aspects

Potential Indicators

Delivery of Entitlements

- Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix.

- Disbursements against timelines. - Identification of the displaced persons losing land temporarily. - Timely disbursements of the agreed transport and relocation costs, income

substitution support and any other resettlement allowances according to the schedule.

- Provision of replacement land plots if applicable. - Quality of new plots and issuance of land titles. - Restoration of social infrastructure and services. - Progress on income and livelihood restoration activities being implemented as

set out in the income restoration plan. - Affected businesses receiving entitlements, including transfer and payments

for net losses resulting from loss of a business.

Consultation and Participation

- Consultations organized as scheduled including meetings, groups and community activities.

- Knowledge of entitlements by the displaced persons. - Number of general meetings (for both men and women). - Level of participation in meetings (of women, men and vulnerable groups). - Level of information communicated – adequate or inadequate. - Information accessibility and disclosure (translation of information in the local

languages).

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Monitoring Aspects

Potential Indicators

Effectiveness of the GRM

- Uses of the grievance redress mechanism by the displaced persons. - Information on the resolution of the grievances. - Number of DPs used the GRM. - Number of cases resolved at project level.

- Number of cases transferred to other GRC levels. - NumЛОЫ oП DPЬ’ ЫОquОЬЭЬ ЫОjОМЭОН.

Budget and Time Frame

- Land acquisition and resettlement staff appointed and mobilized on schedule. - Capacity building and training activities completed on schedule. - Achieving resettlement implementation activities against the agreed

implementation plan. - Timely allocation of funds to resettlement implementation agencies. - Funds disbursement according to the resettlement plan. - Land acquisition and clearance in time for implementation.

Livelihood and Income Restoration

- Gender and vulnerability segregated data on DPs under the rehabilitation programs.

- Types of vocational trainings and number of participants (women and men). - Number of displaced persons who have restored their income and livelihood

patterns (women, men and vulnerable groups). - Number of new employment activities. - Degree of satisfaction with support received for livelihood programs.

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ANNEXES

ANNEX 4-1: CONSULTATIONS WITH COMMUNITIES

Shohmansur Rayon

Villages: Chehov, N.Muhammad and Shohmansur 1

Date: 07.05.2018 Time: 09:00 - 11:00 Participants: 43 (27 men and 16 women) from Chehov, N.Muhammad and Shohmansur 1 vТllКРОЬ, DVK ЫОpЫОЬОnЭКЭТvО, loМКl КuЭСoЫТЭТОЬ’ ЫОpЫОЬОnЭКЭТvОЬ

Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date

Consultations conducted by:

Said Rozikov, Hukumat – Raicomhoz engineer, Anvar Atabaev, ADB TRTA Consultant Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA

Consultations were conducted at the premises of the High School 55. There were 16 women and 27 men. The participants expressed support for the Project, the Bank and their appreciation for the grant and information shared. The Project information brochure was given to each participant. After the consultations, 15 questionnaires required for different studies, were completed.

The main information shared with the participants:

- Information about the Project, related activities and socioeconomic and other studies required;

- Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and

workers; - Allowances for severely affected and vulnerable groups; - GRM mechanism; - Environmental issues.

The main questions and suggestions at these consultations were as follows:

No Questions

Answers

1

We need canalization more that the water system. We need a larger diameter canalization pipes. Why it is not replaced/repaired earlier under other projects we had? Why is water still dirty? Could you please repair the canalization system?

There will be some works on main canalization system in you district. However, the main focus of this Project is water supply. The Project aims to deliver potable water to all people living in the Project area.

2 Water is dirty, people get sick. Who will pay for it? Who is responsible for it?

We hope that your situation will improve after this Project.

3 The Bank needs to monitor the Project. We receive for Germany $9 millions for filters. Why is water still not good for drinking?

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4 Why the dirt comes from pipes? How will you resolve this?

We will have proper filters and other sanitary measures will be employed.

5 We already have water-meters. Please do not waste money on this. We need canalization to be repaired.

All households will have water-meters КnН аО аТll ТnЬЭКll ЬomО ‘ЬmКЫЭ’ аКЭОЫ-meters which will tell us where water is being lost, leakages etc.

Shohmansur Rayon

Villages: Vosifi, Afzali and Dilshod Barno villages

Date: 07.05.2018 Time: 13:00 – 14:30 Participants: 26 (25 men and 1 woman) from Vosifi, Afzali and Dilshod Barno villages, DVK representative, Raisi mahale. Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date

Consultations conducted by:

Said Rozikov, Hukumat – “RКТМomСoг” ОnРТnООЫ, Anvar Atabaev, Consultant, ADB TRTA Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA Consultations were conducted at the mosque front yard. There were 1 women and 25 men. The Project information brochure was given to each participant. After the consultations, 15 questionnaires required for different studies, were completed.

The main information shared with the participants:

- Information about the Project, related activities and socioeconomic and other studies required;

- Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and

workers;

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- Allowances for severely affected and vulnerable groups; - GRM mechanism; - Environmental issues.

The main questions and suggestions at these consultations were as follows:

No Questions

Answers

1 What will you do with the old water tubes?

Some will be taken out, some will stay and new will be installed.

2 DVK is coming to clean old pipes. They break anyway as they are old.

The main goal of this project is to make water available to all. We will install new tubes.

3 What will be the diameter of the water pipes going to each household?

Diameter of pipes is usually 15-20 cm. It depends on the number of persons in one household.

4

This is the first time that we have full information about the project and the first time that someone asks for our opinion. Thank you.

ADB SPS requires us to conduct meaningful consultations and give full information on the project, procedures, LAR stages, GRM and entitlements. We will be happy to provide more information at later stages of the Project.

5 I opened the tap and a small fish came out. How can we trust that water will be safe for drinking?

We will have new water tubes, filters installed and ensure that water is not contaminated on its way. Water under this project will be supplied from underground water resources. The system will be a sort of independent, separate system. We hope that this Project will deliver potable water to you.

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Shohmansur Rayon, Villages: Bedil-Shohmansur 2 and 3 and Shadi

Date: 07.05.2018 Time: 15:00 - 17:00 Participants: 53 (12 men and 41 woman) from Badil-Shohmansur 2 and 3 and Shadi villages, DVK representative, Raisi mahale. Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date

Consultations conducted by:

Said Rozikov, Hukumat – “RКТМomСoг” ОnРТnООЫ, Anvar Atabaev, Consultant, ADB TRTA Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA

Consultations were conducted at the premises of the School 23. There were 41 women and 12 men. The participants had few questions and expressed support for the Project, the Bank and their appreciation for the consultations and information shared.

The main information shared with the participants:

- Information about the Project and related activities; - Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and

workers; - Allowances for severely affected and vulnerable groups; - GRM mechanism; - Environmental issues.

The main questions and suggestions at these consultations were as follows:

No Questions

Answers

1

We have water by the schedule. We will be happy if we have water 24/7. Women will have easier life as water is our responsibility.

The Project aims to deliver water 24/7.

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3

We rely on women to supply water for the household. We drink water as we know that women boiled it and it is safe. We trust our women, not to other information about safety. Mostly, we trust women more than men.

2

We do not drink water from the tap. We have to boil it because we are not sure if water is good for drinking. It will take a bit of time before we start drinking from the tap.

After the Project, if you are informed that water is good for drinking, will you drink from the tap? What do you need to be sure that water is safe for drinking?

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Shohmansur Rayon,

Villages: Chanoro 1 and Chanoro 2

Date: 08.05.2018 Time: 09:00 - 11:00 Participants: 46 (26 men and 20 woman) from Chanoro 1 and Chanoro 2 villages

Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date

Consultations conducted by:

Said Rozikov, Hukumat – Raicomhoz engineer, Anvar Atabaev, Consultant Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA Consultations were conducted at the local mosque front yard. The question mostly related to unavailability of water, dirty water, DVK responsibility for changing the water tubes and suggestions how to use canalization water for flowering. Participants supported the Project and expressed their appreciation for ADB, consultations and information shared.

The main information shared with the participants:

- Information about Phase II of the Project and related activities; - Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and

workers; - Allowances for severely affected and vulnerable groups; - GRM mechanism; - Environmental issues.

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The main questions and suggestions at these consultations were as follows:

No Questions

Answers

1 Who is responsible for water from the wells? DVK

2 When they dig the road to burry pipes, will they asphalt the road after that?

The Project is not related to the roads. When pipes are installed, the soil will be put back and the road repaired.

3

We made this water system in 1868. For 50 years not one tube was changed. DVK always says that that is not their responsibility. Water meters will worsen the socio-economic situation of the population and increase the level of poverty since prices for water and sewerage services are increasing annually and the growth rates of wages of the population are lagging behind. We believe that replacing the water supply pipes with the eco-friendly and plastic drainage pipes, will improve the life of the population and save material and money. To form self-sufficiency and self-financing and development of a water canal network, we propose to conduct studies to form a business plan for "Use of sewage to produce fertilizer and reduce the cost of water for the population".

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Shohmansur Rayon, Villages: Zebinisso, Karotegin and Hovaron

Date: 08.05.2018 Time: 09:00 - 11:00 Participants: 31 (23 men and 8 woman) from Zebinisso, Karotegin and Hovaron villages, DVK representative, Raisi mahale.

Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date

Consultations conducted by:

Said Rozikov, Hukumat – “RКТМomСoг” ОnРТnООЫ, Anvar Atabaev, Consultant, ADB TRTA Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA Consultations were conducted at the premises of the local Kinoteatre. There were 8 women and 23 men. The main questions were related to the Project schedule, when water will be available and the need to monitor implementation of the Project.

The main information shared with the participants:

- Information about the Project and related activities; - Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and

workers; - Allowances for severely affected and vulnerable groups;

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- GRM mechanism; - Environmental issues.

The main questions and suggestions at these consultations were as follows:

No Questions

Answers

1

Four years for the project! How can we live without water? I am 88 years old and I not sure if I will live long enough to have вouЫ аКЭОЫ НОlТvОЫОН. WСв Нon’Э you put one pump now that we have water now?

We expect Project to start in 2019. We will try to improve your situation as fast as practicable. The procedure is already explained to you. We do not know yet at which street we will start. The cut-off-date has been issued yesterday. It will be published in the newspaper and on the TV.

2 So, there is no exact locations where the tubes will be placed. Your map does not show it.

The design is a preliminary design. Some locations may change when we have a final design.

3

You should provide water to the newly developed areas too. In this area, soil is not so good. If people water the soil for any purposes, it may trigger land-slides. How will you handle this?

The sewerage pipes will be installed in this area. We will have many specialists and we will consider those issues.

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Rudaki Rayon Guliston Jamoat

Date: 10.05.2018 Time: 09:00 - 11:00 Participants: 27 (4 men and 23 woman) from Guliston jamoat villages, DVK ЫОpЫОЬОnЭКЭТvО, RКТЬТ mКСКlО, JКmoКЭ’ ЫОpЫОЬОnЭКЭТvОЬ.

Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date

Consultations conducted by:

Anvar Atabaev, Consultant, ADB TRTA Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA Consultations were conducted at Guliston Jamoat. There were 23 women and 4 men. The main questions were related to the Project schedule, old pipes, lack of water and hardship without water.

The main information shared with the participants:

- Information about the Project and related activities; - Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and

workers; - Allowances for severely affected and vulnerable groups; - GRM mechanism; - Environmental issues.

The main questions and suggestions at these consultations were as follows:

No Questions

Answers

1

Where will you place new pipes? Will you connect water to each house or we need to connect it by ourselves?

Some of the new pipes will be placed in the street area and some have to go through the fields. The connection will be done up to your walls. This will be done by the Project. The connection inside your home will be your responsibility.

2

22 households recently got new pipes. How can we increase amount of water that we may use? There is no pressure to pump water.

After the rehabilitation, the pressure will increase, and you will have enough water.

3

In our school, No 34, we lose a lot of water because of broken pipes. We have 2,000 children and sanitation does not work. Will you consider repairing our canalization?

Unfortunately, at this stage, sanitation in this area is not considered.

4 There is a part of Jamoat which does not have water at all (Boloshahar village). Why do

ADB did reconnaissance survey and the priority areas are chosen for rehabilitation. Those are areas where many people will benefit from the Project. The newly developed

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you give more water to those who already have water and to us, who does not have it all, you do not consider?

areas where few households may benefit from the Project, are not included at this stage of the Project.

Rudaki Rayon

Kushteppa (Rosiya) Jamoat

Date: 10.05.2018 Time: 13:00 - 15:00 Participants: 27 (18 men and 13 woman) from Kushteppa (Rosiya) jamoat villages, DVK ЫОpЫОЬОnЭКЭТvО, RКТЬТ mКСКlО, JКmoКЭ’ ЫОpЫОЬОnЭКЭТvОЬ. Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date

Consultations conducted by:

Anvar Atabaev, Consultant, ADB TRTA

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Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA Consultations were conducted at the local school premises. There were 13 women and 18 men. The main questions were related to women suffering from lack of water, going 2-3 times daily to get some water and a couple of suggestions for small scale projects to help the community.

The main information shared with the participants:

- Information about the Project and related activities; - Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and

workers; - Allowances for severely affected and vulnerable groups; - GRM mechanism; - Environmental issues.

The main questions and suggestions at these consultations were as follows:

No Questions

Answers

1

We use water for our gardens. Otherwise, all will be dry. We know that we have to pay for water we use. Just if we do not have a limit on water quantity.

We hope that you will have enough water for all your needs. We hope to achieve this with the. reduction of water losses

2 We are happy to have the Project. Will water be drinkable?

Yes. Water will be safe for drinking.

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Shohmansur Aziz Bazaar

Date: 15.05.2018 Time: 13:00 - 15:00 Participants: 14 (8 men and 6 woman) renters at the Bazaar, Bazaar owner, DVK representatives, Raisi mahale.

Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date Consultations conducted by:

Anvar Atabaev, Consultant, ADB TRTA Dragica Veselinovic, International Resettlement Specialist, Consultant, ADB TRTA Fozil Fozilov, National Resettlement Specialist, ADB TRTA Consultations were conducted at the Bazaar premises. There were 6 women and 8 men, shop or stall renters. The main questions were the time of the beginning of the Project and the date when the businesses should stop.

The main information shared with the participants:

- Information about the Project and related activities; - Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and

Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for business owners, renters and workers; - Allowances for severely affected and vulnerable groups; - GRM mechanism.

The main questions and suggestions at these consultations were as follows:

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No Questions

Answers

1 When do you think we should stop our selling businesses?

You do not stop your businesses. This is a preliminary Project design and a preliminary resettlement plan. We will consult you and inform you when we know exactly which areas will be covered by the Project.

2 We are happy to have the Project. Will water be drinkable?

Yes. Water will be safe for drinking.

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Rudaki Rayon Jamoat "Russia", Mahalla Kushteppa

Date: 13.08.2019 Time: 18:00 - 19:00 Participants: 16 (13 - men and 3 women) living on May 1 street, the village of Lokhuti, Sohibkoron, Dekhkonobod, 1 representative of the DVK, representatives of the jamoat. Information shared: Project brochure, GRM information, Entitlements, Government Decree on Cut-off- Date Consultations conducted by: Jamshedi Sayfiddin, DОpuЭв CСКТЫmКn oП ЭСО jКmoКЭ «RuЬЬТК» Khafizov Jaloliddin, Gender and Social Protection Specialist Shokhmadov Rajabali, land surveyor from jamoat "Russia" Fozil Fozilov, National Resettlement Specialist, ADB TRTA Consultations were held in the jamoat building with the participation of 3 women and 13 men. Participants expressed support for the project, ADB, and were grateful for the grant and information provided. A project information brochure was provided to each participant. Basic information provided to participants:

- Information about the Project and related activities; - Information on the Cut-off Date; - Process of preparation and implementation of the Land Acquisition and Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for land, buildings, structures; business owners and renters, and workers; - Allowances for severely affected and vulnerable groups; - GRM mechanism; - Environmental issues.

The main questions and suggestions at these consultations were as follows:

No Question Answer

1. Will compensation be paid for business stoppage?

Yes, any type of activity that will be affected during the implementation of the project, will be compensated for.

2. When the construction is completed, is there a chance to get an employment?

After handover of the sewerage collector, you can contact the State Unitary Enterprise “DuЬСКnЛОvoНokКnКl” КnН, Тn КММoЫНКnМО аТЭС ЭСО applicable standards and the need for special skills, ЭСО SЭКЭО UnТЭКЫв EnЭОЫpЫТЬО “DuЬСКnЛОvoНokКnКl” will consider your applications.

3. What will be the depth of bedding of the sewer pipes?

According to the design documentation, the depth of bedding will be between 3 and 7 meters.

4. When will the construction start? After compliance with the Asian Development Bank tender rules, procurement of works and 3 months after these activities, the contract will be signed.

5. When will compensation be paid? Before the commencement of construction works. 6. At some projects, work is carried out

in 3 shifts. It will be good if this is the same approach is applied at this project.

During the construction, building technologies will be taken into account. In addition, the Contractor will provide a schedule of works agreed with the Client and will adhere to this schedule.

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ANNEX 4-2: CUT-OFF-DATE ANNOUNCEMENT

07/05/2018

No 9/948

To Jumhuriyat Newspaper

Project Implementation Agency of Dushanbe Urban Water Supply and Sanitation Project, State Unitary Enterprise SUE Dushanbe Vodokanal (DVK) would kindly request you to publish in the next number of Jumhuriyat Newspaper the following advertisement.

Project Implementation Agency, State Unitary Enterprise SUE Dushanbe Vodokanal for Dushanbe Urban Water Supply and Sanitation Project informs the residents of Shohmansur district of Dushanbe city and Rudaki District, Jamoats of Guliston and Qushteppa (Rossia); Sabzikor, Gulkoron, Mugulon, Sangtuda, Mirzobek as well as, Lohuti, Qushteppa, Sohibkoron Dehkonobod Villages, farming lands under pipelines alignments , that the rehabilitation and reconstruction of Water supply and Sewerage lines is planned /commenced by the ADB financing.

In the area of this project pipelines right-of-way from water Intake Kafarnigan-1, Kafarnigan-2, to direction of 191 micro district, Hovaron, Zebunniso mahallas and Bahory reservoirs , as well as from 191 micro district through Guliston and Rossia jamoats to direction of Association of International Motor Carrying Association of the Republic of Tajikistan and river crossing point, the width of right-of –way will be 20m.

Therefore, we kindly would like to inform you that on both sides of the right-of way, any structure construction and rehabilitation, planting of fruit trees and the land acquisition are forbidden until a completion of the project.

Regards,

Director M. Ubaidov

08/05/2018 No 64/2-196

To Executive Organ of State Authority of Rudaki District

Copy to; Head of Shohmansur district of Dushanbe city

The local body of executive authority of Dushanbe city as Project Implementation Agency for “DuЬСКnЛО UЫЛКn WКЭОЫ Supplв КnН SКnТЭКЭТon PЫojОМЭ” oП SЭКЭО UnТЭКЫв EnЭОЫpЫТЬО SUE Dushanbe Vodokanal (DVK) informs the residents of South east part of Shohmansur district of Dushanbe and Rudaki District, Jamoats of Guliston and Qushteppa (Rossia) , Sabzikor, Haqajar, Gulkoron, Mugulon, Sangtuda, Mirzobek as well as , Lohuti, Qushteppa, Sohibkoron Dehkonobod Villages, some farming lands of these jamoats under pipelines alignments , that the rehabilitation and reconstruction of Water supply and Sewerage lines is planned /commenced by the ADB financing.

In the area of this project pipelines right-of-way from water Intake Kafarnigan-1, Kafarnigan-2, to direction of 191 micro district, and from 191 micro district through Guliston and Rossia jamoats to direction of Association of International Motor Carrying Association of the Republic of Tajikistan and river crossing point, the width of right-of –way will be 20m.

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Therefore, we kindly would like to inform you that on both sides of the right-of way, any structure construction and rehabilitation, planting of fruit trees and land acquisition are absolutely forbidden until a completion of the project

Regards,

First Deputy of Mayor M. Zuvaidzoda

07/05/2018

To Channel 1 of Tajikistan Television

Project Implementation Agency of Dushanbe Urban Water Supply and Sanitation Project, State Unitary Enterprise SUE Dushanbe Vodokanal (DVK), would kindly request you to publish in the next number of Jumhuriyat Newspaper the following advertisement.

Project Implementation Agency for Unit for Dushanbe Urban Water Supply and Sanitation Project, State Unitary Enterprise SUE Dushanbe Vodokanal (DVK) informs the residents of Shohmansur district of Dushanbe city and Rudaki District, Jamoats of Guliston and Qushteppa (Rossia) Sabzikor, Gulkoron, Mugulon, Sangtuda, Halqajar Mirzobek as well as Haqajar, Lohuti, Qushteppa, Sohibkoron Pravda and 1 May Villages, farming lands under pipelines alignments , that the rehabilitation and reconstruction of Water supply and Sewerage lines is planned /commenced by the ADB financing. In the area of this project pipelines right-of-way from water Intake Kafarnigan-1, Kafarnigan-2, to direction of 191 micro district, Hovaron, Zebunniso mahallas and Bahory reservoirs , as well as from 191 micro district through Guliston and Rossia jamoats to direction of Association of International Motor Carrying Association of the Republic of Tajikistan and river crossing point, the width of right-of –way will be 20m.

Therefore, we kindly would like to inform you that on both sides of the right-of way, any structure construction and rehabilitation planting of fruit trees and the land acquisition is forbidden until a completion of the project.

Regards,

Director M. Ubaidov

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ANNEX 4-3: PROJECT INFORMATION BROCHURE

STATE UNITARY ENTERPRISE DUSHANBEVODOKANAL PROJECT INFORMATION BROCHURE

ADB FUNDED DUSHANBE URBAN WATER SUPPLY AND SANITATION PROJECT

Dushanbe May 2018

Citizens in the Shohmansur area of Dushanbe City will have their water supply system and sanitation services improved and operated more efficiently. . Funded by a grant from the Asian Development Bank (ADB), the Tajikistan Dushanbe Urban Water Supply and Sanitation Project (the Project) will renovate and extend water supply and sanitation services that will allow greater access to clean and safe water for families and businesses in the Shohmansur district and two Rudaki Jamoats, Guliston and Kushteppa (Russia). The Project will also ОquТp ЬОlОМЭОН КЫОКЬ oП ЭСО ЬвЬЭОm аТЭС nОа “ЬmКЫЭ” mОЭОЫТnР Эo ЭЫКМk КnН monТЭoЫ аКЭОЫ uЬО more effectively and respond quickly to problems faced by water consumers. The new meters will more efficiently regulate the flow of water to avoid wastage, which will result in improved water access and use by households and businesses in the Project area thereby providing more potable/safe water that is not wasted and will offer consumers these improved services at current tariff rates.

A map of the new Project area and identity of Mahallas engaged in the Project appear on the reverse.

Recognizing the urgency to repair the system and bring about improvement in quality of life ПoЫ DuЬСКnЛО ЫОЬТНОnЭЬ, ЭСО MunТМТpКlТЭв oП DuЬСКnЛО/MКвoЫ’Ь OППТМО КnН ЭСО DuЬСКnЛО Vodokanal (DVK) is accessing donor funding from ADB to finalize the improved water and wastewater infrastructure as quickly as possible to minimize problems arising from the rapid РЫoаЭС oП DuЬСКnЛО’Ь mКСКllК МommunТЭТОЬ. TСЫouРС ЭСОЬО ТmpЫovОmОnЭЬ, ЭСО PЫojОМЭ аТll КТm Эo mКТnЭКТn poЬТЭТvО puЛlТМ opТnТon ЬuppoЫЭОН Лв DuЬСКnЛО’Ь mКЬЬ КnН ЫОЬponЬТЛlО ЬoМТКl media.

From a public health perspective, the Project will not only provide improved delivery of clean water and promote water conservation, but will also rehabilitate the sewerage system that will prevent contamination of the water system by sewage thereby leading to improved community health. The Project will also include a focused effort in educating families and youths by spreading information about water conservation to save water and improve personal hygiene in preventing water borne illnesses. Families living in the Project areas will have opportunities to know more about the Project at public consultations which will be organized through the raisi mahale and Dushanbe Vodokanal.

For any potential adverse impacts on the environment and privately used land plots and assets, the Project will first: (i) try to avoid or minimize any adverse impacts by preparing a proper project scope and design; (ii) if impact is unavoidable, the Project will offer МompОnЬКЭТon ПoЫ pОoplО’Ь loЬЬОЬ КЬ pОЫ ЭСО nКЭТonКl lКа КnН ЭСe ADB Safeguard Policy requirements. Project affected persons will be informed in detail about the methodology for calculating compensation for acquired assets and the means by which to receive compensation and any other assistance.

Meanwhile, we thank you kindly for your cooperation when receiving project visitors during the required studies such as for the environment, socioeconomic surveys and an inventory of affected land plots and assets.

For more info, please contact: Mr. Anvar Atabaev, Project Coordinator, tel: 927602515

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Project Area Map

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Sewerage Component Map

ANNEX 5-1: GRIEVANCE LOGBOOK

Project Name: Dushanbe Urban Water and Sanitation Supply Project

Abbreviations: EA Executing Agency PIG Project Implementation Group PMC Project Management Consultant IR Involuntary Resettlement ENV Environment Types of Applications: A Inquiry, clarification, suggestion, request B Complaint regarding alleged breach of the SPS 2009 or Public Communication Policy 2011 C Allegation of fraud or corruption

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No.

Nam

e o

f com

pla

inant

(in

div

idual /

in

stit

utio

n)

Addre

ss

of th

e

com

pla

inant

Locatio

n o

f pro

ject

impact

Date

of th

e

com

pla

int

Com

pla

int

receiv

ed

- In

writin

g

- O

ral on s

ite

- P

hone

- E

-ma

il

Grie

vance

applic

atio

n N

o.

Type o

f grievance

A / B

/ C

Grie

vance/

issue

IR / E

NV

Who a

ddre

ssed

com

pla

int

Conta

ct deta

ils

Was the

grie

vance lo

dged

befo

re?

Yes

/ N

o

Descrip

tion o

f th

e

issues /

com

pla

ints

N

ote

s, undert

aken

actio

ns

Sta

tus o

f th

e

issue/

Solv

ed

Not

solv

ed

Rem

ark

s

1

2

3

ANNEX 6-1: VALUATION OF FRUIT TREES

No Type of tree Price for 2 yrs old tree at Market "Ganjina"

Price for fruit tree from 2 to 6 yrs at Market "Ganjina"

Average yearly yield per tree (3 to 6 yrs old) (kg)

Average yearly yield per tree (7 to 9 yrs old) (kg)

Average yearly

yield per tree (10 + yrs old)

(kg)

Current market price (TJS/kg)

Period of replanting

tree (year)

1 ApplО ( ) 8 to 15 TJS (12) 50 to 400 8 to 10 10 to 20 20 to 30 5 3

Stony fruits

1 SouЫ МСОЫЫв ( ) 10 to 15 TJS (13)

50 to 400

6 to 12 12 to 20 30to 40 5 3

2 Sweet cherry (Ч ) 10 to 15 TJS (13) 10 to 12 15 to 20 20 to 30 8 3

3 ApЫТМoЭ ( ) 8 to 10 TJS (9) 8 to 10 10 to 30 30 to 40 3 3

4 PОКМС ( ) 10 to 15 TJS (13) 5 to 10 12 to 25 30 to 40 4 3

Tree with tiny seeds fruits

1 GЫКpОЬ ( ) 10 to 25 TJS (13) 40 to 400

5 to 12 12 to 20 30 to 40 3 3

2 MulЛОЫЫв ( ) 8 to 15 TJS (12) 5 to 10 10 to 20 20 to 30 4 3

Subtropical trees

1 PomОРЫКnКЭО ( ) 12 to 15 TJS (13) 40 to 300

5 to 10 10 to 20 20 to 40 6 3

2 Plum ( ) 12 to 15 TJS (13) 10 to 13 15 to 25 30 to 40 3 3

Nuts trees

1 AlmonН ( ) 10 to 20 TJS (15) 60 to 300

2 6 12 15 3

2 WКlnuЭ ( ) 10 to 20 TJS (15) 7 10 to 30 40 to 50 9 3

PMU for evaluation tel: 918-36-00-02, 907-22-00-02 Prices as of August 2019

ANNEX 8-1: RENTAL PROPERTIES IN THE PROJECT AREA

Rental house No 1

2-к . д , 6 к, д ки (1,000 ) 2-rooms house, 600m2 of land, Rudaki (1,000 TJS/month)

https://somon.tj/adv/2897895_ichora-khavli/ : 10.07.2018 13:53 : 2897895

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600m2 – Area 600m2 1 - 1 floor – District Rudaki 2 – Number of rooms 2

Х . 2 , 2 . . , , , , .А : Ч

Ч ё . .

Rental house No 2

6- . , 6-ROOM HOUSE, NEW CAR BAZAAR, 500 TJS /MONTH

Рудаки, : 06.07.2018 13:46 : 2924051

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200 ² - Area 200m2 1 - 1 floor A – District Noviy Avtorinok 6 – Number of rooms 6

Х . 2 , 2 . . , , , , .А : Ч

Ч ё . .

6 room house, New car bazaar, 500 TJS /month

6- . , 500 c.

Rental house No 3

2-storey, 3 room-house, Rudaki, 1100 TJS/month

2-э ж . 3-к . д , д ки, 1 100 c.

: 03.07.2018 11:19 : 2916440

2 – 2 floors – District Rudaki 3 – Number of rooms 3

!!! ( ), (

) , .

8 46 . .

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ANNEX 8-2: JAMOATS’ AVERAGE YIELD AND PRICES FOR CROPS

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ANNEX 10-1: INTERNAL MONITORING TEMPLATE

Data Collection Format for Internal Monitoring (Template)

DPs/ Impact Compensation Payment Status Form

No.

No of AHs

Compensation to be paid (based on impact type) in TJS

Total compensation to be paid

TJS

Amount

received by DP TJS

Compensation payment status Rema

rks Loss of land use rights

Loss of structures

Loss of trees

Loss of crops

Loss of business / employment

Allowances

Paid on date

Cheque voucher No.

Amount paid TJS

Remaining amount (if any) TJS

Explain reasons for non-payment

1

2

3

Total

Tick what is applicable