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M2 Road Rehabilitation Project Resettlement Plan: M2 Document Stage: Final Project Number: PP1/RRP/CS/QCBS/06/006 September 2011 Prepared by Kocks Consult for the Millennium Challenge Account (MCA), Moldova The resettlement plan is a document of the MCA.

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Page 1: M2 Road Rehabilitation Project Project Number: …mca.gov.md/upload/documents/0607121339058044Resettlement... · 2012. 6. 7. · M2 Road Rehabilitation Project Resettlement Plan:

M2 Road Rehabilitation Project

Resettlement Plan: M2 Document Stage: Final Project Number: PP1/RRP/CS/QCBS/06/006 September 2011 Prepared by Kocks Consult for the Millennium Challenge Account (MCA), Moldova The resettlement plan is a document of the MCA.

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TABLE OF CONTENTS

1. Description of the Project ................................................................................................ 1

1.1. Millennium Challenge Corporation (MCC) and Millennium Challenge Account ............. 1

1.2. Organization of the Resettlement Plan ......................................................................... 1

1.3. M2 Rehabilitation Interventions .................................................................................... 1

1.4. M2 Reflects National Development Priorities ............................................................... 1

1.5. Financing and Rehabilitation within Existing ROW ....................................................... 2

2. Potential Impacts ............................................................................................................ 4

2.1. Design Speed .............................................................................................................. 4

2.2. Number of Plots and Number of Project Impacted Persons ......................................... 4

3. Objectives ....................................................................................................................... 5

3.1. OP 4.12 Involuntary Resettlement ............................................................................... 5

4. Socioeconomic Studies .................................................................................................. 6

4.1. Key Indicators .............................................................................................................. 6

4.2. Gender Analysis and Implementation........................................................................... 8

5. Legal Framework ...........................................................................................................10

5.1. Moldovan Legislation and World Bank Policy ..............................................................10

5.2. Eligibility ......................................................................................................................10

5.3. Replacement Cost ......................................................................................................10

5.4. Normative Cost ...........................................................................................................11

6. Institutional Framework ..................................................................................................12

6.1. Institutional Partners ...................................................................................................12

6.2. Coordination and Supervision .....................................................................................13

6.3. Land Acquisition and Compensation ...........................................................................14

6.4. Acquisition of Structures and Non-land Assets ............................................................20

6.5. Land-for Land .............................................................................................................20

6.6. Consolidation of Plots .................................................................................................20

6.7. Implementation Process..............................................................................................21

7. Eligibility ........................................................................................................................22

7.1. Eligibility Matrix ...........................................................................................................22

7.2. Construction................................................................................................................22

7.3. Billboard ......................................................................................................................22

7.4. Graphical Errors ..........................................................................................................22

7.5. Calculations of Crops and Fruit Trees .........................................................................22

7.6. Calculations for Structure ............................................................................................23

7.7. Explanations for Renters .............................................................................................23

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8. Valuation and Compensation for Losses ........................................................................27

8.1. Valuation Process .......................................................................................................27

8.2. Normative Price ..........................................................................................................27

9. Resettlement Measures .................................................................................................28

10. Site Selection, Site Preparation and Relocation .............................................................29

10.1. Wells .......................................................................................................................31

10.2. Strategy for Wells ....................................................................................................32

10.3. Shrines ....................................................................................................................35

10.4. Relocation of Commercial Sites ...............................................................................36

10.5. Walnut Trees ...........................................................................................................36

11. Infrastructure and Social Services .................................................................................37

11.1. General Descriptions ...............................................................................................37

11.2. Education and Training Institutions (kindergarten) ...................................................37

11.3. Hospital, Health Clinic Centers ................................................................................37

11.4. Grocery Stores, Post Office, Banks .........................................................................39

11.5. The Water Supply ....................................................................................................39

11.6. Cultural Home, Churches, Library, Monuments .......................................................39

12. Environmental Protection and Management ..................................................................40

12.1. Environmental Promotion ........................................................................................40

12.2. Environmental Management ....................................................................................40

13. Community Participation ................................................................................................41

13.1. Objectives of Community Involvement .....................................................................41

13.2. Stakeholders ...........................................................................................................41

13.3. Findings of Field Work .............................................................................................42

13.4. Absentee Project Affected Persons .........................................................................45

13.5. Vulnerability .............................................................................................................47

13.6. Type of Compensation ............................................................................................47

13.7. Preliminary Agreements ..........................................................................................48

14. Integration with Host Population ....................................................................................50

15. Grievance Procedures ...................................................................................................51

15.1. Establishment of the Grievance Committees ...........................................................51

15.2. Training ...................................................................................................................51

15.3. Timing .....................................................................................................................52

16. Organizational Responsibilities ......................................................................................53

16.1. Roles and Responsibilities ......................................................................................53

16.2. Synergy with Village Committees ............................................................................53

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16.3. Monitor ....................................................................................................................53

17. Implementation Schedule ..............................................................................................54

17.1. Planning Phase .......................................................................................................54

17.2. Implementation Phase .............................................................................................54

18. Costs and Budget ..........................................................................................................56

18.1. Compensation Costs ...............................................................................................56

18.2. Borrow Pits, Quarries, Railroad, Connection Roads ................................................56

18.3. Compensation for Loss of Assets and Incomes (Including Trumpet) .......................56

18.4. Water and Shrine Relocation Activities ....................................................................56

18.5. Training Costs and Land Associated Costs .............................................................57

18.6. Monitoring and Evaluation .......................................................................................58

18.7. Contingency ............................................................................................................58

19 Monitoring and Evaluation .............................................................................................60

19.1. Monitoring ...............................................................................................................60

19.2. Evaluation ...............................................................................................................60

LIST OF TABLES Table 4.1 Survey Instruments .................................................................................................... 6

Table 4.2 Poverty in Village........................................................................................................ 6

Table 4.3 Top Three Causes of Poverty by Gender ................................................................... 7

Table 4.4 Average Monthly Family Income below 1000 lei ......................................................... 7

Table 4.5 Female Census Respondents .................................................................................... 7

Table 4.6 Ownership Papers ...................................................................................................... 7

Table 4.7 Do You Rent Your Land? ........................................................................................... 7

Table 4.8 Type of Assistance Project Affected Persons Wants for Land .................................... 8

Table 4.9 Transport Assets by Household .................................................................................. 8

Table 4.10 Health Services by Village ........................................................................................ 8

Table 4.11 Top Three Ways Villages Wanted to Participate in the Road Project ........................ 8

Table 7.1 Estimation Compensation for Affected Crops in Private Property ..............................24

Table 7.2 Estimation Compensation for Affected Orchards in Private Property .........................24

Table 7.3 Public Property Lands/Plots ......................................................................................25

Table 7.4 Entitlement Matrix ......................................................................................................25

Table 10.1 Wells Inventory List on the RoW and Closest along the Localities on M2 ................31

Table 10.2 Sample of Three Wells with Poor Water Quality ......................................................32

Table 10.3 Wells Impacted by Rehabilitation .............................................................................33

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Table 10.4 Inventory List of the Shrines Potentially Affected (till Domulgeni) on the RoW and Closest Along the Localities on M2 .........................................................................35

Table 10.5 Sample of Public Shrines Potentially to be Relocated .............................................36

Table 11.1 Check List of Infrastructure and Social Services Institutions Along the M2 Road Rehabilitation Project ..............................................................................................38

Table 13.1 Schedule of Focus Group Discussion ......................................................................42

Table 13.2 Participants of Focus Group Discussion ..................................................................42

Table 13.3 Schedule of Census Survey for PAPs with Land Acquisition ...................................45

Table 13.4 PAP Absentee List by Location ...............................................................................47

Table 13.5 List of PAPs Asking Land for Land Compensation ...................................................48

Table 15.1 Village Committees .................................................................................................51

Table 18.1 Resettlement Cost Budget .......................................................................................59

LIST OF FIGURES Figure 1.1 Map of the M2 Road including Trumpet showing the Magnitude of Project Affected

Persons .................................................................................................................... 3

Figure 4.1 Average Income Per Capita in the Project Districts ................................................... 6

Figure 6.1 RAP Preparation and Land Acquisition ....................................................................16

Figure 8.1 Normative Price Calculation .....................................................................................27

Figure 10.1 Wells and Shrine Relocation Process .....................................................................30

Figure 13.1 Localities PAPs and Affected Land.........................................................................44

Figure 13.2 PAP Absentee Diagram .........................................................................................46

Figure 13.3 Expected Compensation ........................................................................................48

Figure 15.1 Grievance Mechanism ............................................................................................52

Figure 17.1 Implementation Schedule .......................................................................................55

Figure 19.1 Monitoring of M2 ....................................................................................................60

APPENDICES

Appendix A Affected Private Plots on M2 including Trumpet

Appendix B Market Price Comparison with Normative Price

Appendix C Building Valuation Report

Appendix D Construction Valuation Reports

Appendix E Affected Public Plots

Appendix F Affected Renters and Plots

Appendix G Orchard

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Appendix H Land for Land Example

Appendix I Preliminary Agreement

Appendix J i-ii Signed Geometric Plans

Appendix K Signed Preliminary Agreement for 45272110051

Appendix L Sample Calculation Provided to Project Affected Person

Appendix M Brochure

Appendix N Power of Attorney for Absentee PAPs

Appendix O Definitions and Concepts

Appendix P Monitoring Terms of Reference

Appendix Q Project Photos

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Currency Equivalents

(as of June 2011) Currency Unit = Lei (MDL) MDL 1.00 = 0.08576 $ 1.00 = MDL 11.66

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Acronyms ARFC Cadaster and Land Relations Agency CC Coordination Committee CCMR Community complaints-management registers DMS Detailed Measurement Survey EBRD European Bank for Reconstruction and Development EIA Environmental Impact Assessment EMA External Monitoring Agency ESIA Environmental and Social Impact Assessment ESMP Environment and Social Management Plan FGD Focus Group Discussion GoM Government of the Republic of Moldova IFI International Financial Institution IPOT Design Institute for Land Management LAT Land Acquisition Team LTIS Land Transport Infrastructure Strategy MAFI Ministry of Agriculture and Food Industry MCA Millennium Challenge Account Moldova MCC Millennium Challenge Corporation MDL Moldova Lei MoE Ministry of Economy MoEnv. Ministry of Environment MoF Ministry of Finance MRDC Ministry of Regional Development and Constructions MTRI Ministry of Transport and Roads Infrastructure NBS National Bureau of Statistics NDR North Development Region NDS National Development Strategy NGO Non-Governmental Organization NLP National Land Program OP Operational Policy PAP Project-affected person PIO Project implementation Office PIE Project Implementation Entity POA Power of Attorney PMU Project Management Unit PSA Poverty and Social Assessment RAP Resettlement Action Plan RCO Regional Cadaster Offices RoW Right of Way RPF Resettlement Policy Framework RRP Road Rehabilitation Project SIMC Social Impact Monitoring Committee SRA State Roads Administration USD United State Dollar VRC Village Resettlement Committee WB World Bank

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1. Description of the Project

1.1. Millennium Challenge Corporation (MCC) and Millennium Challenge Account

The United States of America acting through the Millennium Challenge Corporation (MCC) and the Government of the Moldova (GoM) have entered into a Millennium Challenge Compact (Compact) for Millennium Challenge Account assistance to help facilitate poverty reduction through economic growth in Moldova in the amount of $262 Million USD (“MCC Funding”). The GoM has established a public institution, Millennium Challenge Account – Moldova (MCA-Moldova), to manage the implementation of projects financed through the Compact with MCC. The Compact provides financing for the rehabilitation of the M2 arterial road linking the capital of Chisinau including the Trumpet with the border of the Ukraine.

1.2. Organization of the Resettlement Plan

This RAP is prepared according to World Bank policy and principles as contained in the Resettlement Policy Framework (RPF). The Resettlement Plan has 19 chapters as per World Bank format. It contains 17 appendices. The asset of inventories of each affected private and public plot and in some cases signed preliminary agreements and geometric plans have been delivered. Valuation reports for buildings and construction plots are found in the Appendices.

1.3. M2 Rehabilitation Interventions

The M2 rehabilitation project includes the rehabilitation of approximately 93 km of the road, from Sarateni to the Soroca - Drochia Junction. The primary objectives of the road rehabilitation project are:

• to increase income of local population through reduced cost of transport, and reducing the costs of goods and services;

• to reduce losses to the national economy resulting from the deteriorated conditions of the road; and

• to reduce the number of road accidents through improved traffic conditions. The interventions proposed for the rehabilitation of M2, in general, are surface treatment, shape correction, resurfacing and strengthening by overlay, strengthening by reconstruction, repair and replacement of elements to ensure traffic safety, rehabilitation of bridges and foot bridges, rehabilitation of the roadside drainage system, and improvements to a number of intersections. Some of the rehabilitation interventions will require the GoM to acquire privately and publicly owned land for the purpose of expanding the existing Right of Way (ROW) in certain areas as well as to remove private and publicly-owned assets located within the existing and future ROW. For these types of actions, MCC requires the use of best international practice in resettlement and has required through the Compact with the GoM that the project apply the World Bank’s Operational Policy (OP) 4.12 on Involuntary Resettlement to all activities that involve one or more of the following: land acquisition; other asset acquisition (e.g., homes or other physical structures, trees, crops); physical relocation; and loss of access to resources resettlement (economic or physical displacement).

1.4. M2 Reflects National Development Priorities

The rehabilitation project proposed reflects the National Development Strategy (NDS) and the Land Transport Infrastructure Strategy (LTIS) (2008-2017) approved by the GoM in 2008, which recommends the rehabilitation of major trans-national axis that crosses the Republic of Moldova from North to South. This axis runs from Moldova capital, Chisinau, until it diverts at Sarateni

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and continues to Soroca, a border city with Ukraine. From there, the R7 and R9 continue northeast to another border crossing at Otaci and connecting with the road that leads to Ukraine’s capital, Kiev.

1.5. Financing and Rehabilitation within Existing ROW

MCC financing will be used to largely complete the rehabilitation of the M2 road. The proposed rehabilitation work of the M2 (see Figure 1.1 on the following page) will mainly occur upon the existing road formation.

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Figure 1.1 Map of the M2 Road including Trumpet showing the Magnitude of Project Affected Persons

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2. Potential Impacts

2.1. Design Speed

The proposed civil works are largely limited to the rehabilitation of the existing M2 carriageway. According to Ministry of Transport Roads Infrastructure (MTRI) classification M2 is a category 3 road. As such the design speed of the road, through open and level terrain, should be 100 kilometers per hour. This classification would normally have technical implications for road design. With regard to the proposed works, of particular interest is the permitted severity of road horizontal curvature. Reflecting the availability of construction funds the MTRI has decided to enforce these implications and by so doing introduced a requirement for land acquisition to enable a number of corners to be straightened and excessive road undulations to be moderated. Potential impacts are small, being largely restricted to households losing small areas of land adjacent to the M2 highway and/or a number of trees to be cleared to enable civil works.

2.2. Number of Plots and Number of Project Impacted Persons

Based on the design consultants it has been determined that land will need to be acquired from 113 individual household plots as illustrated in Appendix A. There are, however, several cases where a single household holds the land ownership certificates of more than one plot. There are 133 plots affected permanently made up of 113 private land and 20 public/state land with 74 owners. In addition eight plots will be affected temporarily by the accommodation of construction works and diversion roads and are compensated accordingly. 46% of the PAPs are found in the trumpet. The trumpet has had several survey visits and also has one case of a land for land request. There are two large orchard plots and Appendix G provides the orchard with an owner that is in country and has been consulted by the Study Team. This plot is impacted by graphical errors. Appendix H is an example of the trumpet where the owner – a commercial operation- has already selected their choice of parcel shown in blue. This private consolidation of land has resulted in a wide range in areas of respective land holdings. There are subsequent changes from the 95% design that continue to impact the total number of plots and households, and have resulted in two additional field surveys including census and valuation. Appendix E provides the latest up to date list of Public Plots to be acquired. Separate geometric plans have been prepared are submitted under separate cover. Amongst Project Affected Persons (PAPs) there is considerable variation in the severity of impact as regards the size of areas of land to be acquired and hence loss to respective households. There are, for example, three households losing less than 10m² each while just nine will lose more than 100m² each. There is little discrepancy, however, amongst the majority of PAPs losing only small areas of their land holdings. Twenty two households stand to lose in excess of 10% of their land. The initial list of people potentially losing land to project implementation included many whose respective losses were very small. Following approval from MCA and with technical guidance from the project design contractor the planned M2 Right of Way (ROW) was adjusted, thereby excluding very small numbers of potential PAPs. Additional design changes are possible after this RAP has been submitted and this has been discussed with MCA. The timeline for these new design changes may take up to two months after this study phase has ended.

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3. Objectives

3.1. OP 4.12 Involuntary Resettlement

The objectives of this resettlement plan reflect the principals contained in the World Bank policy document: OP 4.12 Involuntary Resettlement. OP 4.12 is triggered in situations involving involuntary taking of land and/or other assets. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. Specifically, OP 4.12 states that project planning must avoid and minimize involuntary resettlement, and that if people lose their homes or livelihoods as a result of projects, they should have their standard of living improved, or at least restored. It promotes participation of displaced people in resettlement planning and implementation. The OP 4.12’s key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that implementers prepare adequate resettlement planning instruments prior to appraisal of proposed projects. The proposed infrastructure development project is designed and subsequently will be implemented for the public good. It is, however, unavoidable that some features of project implementation will have adverse impacts on some members of the community. Some impacts will be experienced immediately, others only after some time as elapsed The objective of this resettlement plan has been first: to identify both these people and the extent of those negative impacts, second: to provide sufficient human, physical and financial resources for their mitigation. In this project adverse impacts are mainly limited to respective household’s loss of small packets of cultivable land. Other impacts include loss of trees and/or maturing crops as well as cultural artifacts, in particularly wells and shrines. Generally, project acquisition of these small packages poses no danger for respective households.

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4. Socioeconomic Studies

4.1. Key Indicators

This section provides an overview of some of the key socioeconomic data that was carried out during the social surveys and focus discussion groups. A selected number of key performance indicators are analyzed. The full data set has been provided to MCA on CD. Figure 4.1 provides a picture of the low income levels in the projects targeted four districts.

Figure 4.1 Average Income Per Capita in the Project Districts

FlorestiSoroca Soldanesti Telenesti

0

500

1000

1500

2000

2500

Lei, in 2009

The main instrument used in the social studies was the Census Survey. Additional tools for social analysis are the focus group discussions, the socioeconomic questionnaire, consultations with stakeholders and the village inventory of social and economic institutions. Databases of the main survey instruments have been provided to MCA. Unless otherwise stated, all data presented in this Resettlement Action Plan are proceeding from the Social Surveys completed by the Study Team during the weeks of May 5-May 20 and June 14-17, 20th.

Table 4.1 Survey Instruments

Instrument Quantity

Census Questionnaire

Commercial/Renter Surveys

Socio Economic Questionnaire

70

13

60

Village Inventory 1

Public Consultation 13

Road projects must concern themselves with poverty. The next table summarizes findings from the social survey concerning poverty.

Table 4.2 Poverty in Village

Is Poverty Considered a Problem in your Village?

15 Villages

Yes 100%

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Gender: There were differences noted between genders on the causes of poverty. Women generally rated lack of jobs in their villages as the number one cause of poverty as shown in the next table.

Table 4.3 Top Three Causes of Poverty by Gender

Gender Cause Frequency Occupation Frequency Cause Frequency Males Lack of jobs 46% Low income 44% Political

crisis / stability

8%

Female Lack of jobs 72% Low income 25% Political instability

3%

The next table provides the average family income for families living below the poverty line. The Census survey indicated 16% below the poverty line. This also is the same finding of the survey teams who identified the house conditions as poor with slightly more than 16%.

Table 4.4 Average Monthly Family Income below 1000 lei

Average Family Income Lei/month Number of Households Less than 1000 11

The respondents during the Census survey were made up of husband/wife, men, and women alone. The next table illustrates the number of female respondents and marital status to the Census Survey.

Table 4.5 Female Census Respondents

Number of

Respondents Female Widows

70 33 7 Land ownership patterns along the M2 are revealing for 50 households. The following set of tables illustrates land patterns that relate to compensation and ownership. 88% of the owners had ownership papers and showed their documentation to the survey team. The other cases indicated ownership papers were with the renter or in another location or with another family member.

Table 4.6 Ownership Papers

Respondents Yes Ownership Papers No Ownership Papers 60 53 6

Table 4.7 Do You Rent Your Land?

Respondents Yes, they rent their land No, they do not rent their land 57 52 5

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Interestingly, in terms of what kind of assistance the affected persons wanted for their parcel/plot of land the majority wanted money/cash. Six cases or 11% had different responses to cash.

Table 4.8 Type of Assistance Project Affected Persons Wants for Land

Money Land Gold Do not Know Do not Need 50 3 1 2 1

In any road project it is important to identify the transport assets of households. The main transport assets are found in Table 4.9. Clearly, the bicycle is owned by the highest number of households and many of the respondents used public transport as they did not own transport assets.

Table 4.9 Transport Assets by Household

Bicycles Cars Van/Pick up Motorcycle

9 3 - 4 Overall, the villages along the M2 corridor are well served by educational institutions. The inventory of schools at both primary and secondary/high school is high with only three villages not having a high school. There are four villages that do not have a bank. The situation with medical services is different than education services and table 4.10 illustrates the limited medical services for surveyed villages.

Table 4.10 Health Services by Village

Number of Villages Clinics Hospital

15 4 1 The Survey Team overall found enthusiasm for the Road project. The highest frequency for both men and women was involvement in construction activities. Landscaping after road construction was an interest that communities expressed. Surprisingly, financial support post construction regarding maintenance was mentioned by several villages.

Table 4.11 Top Three Ways Villages Wanted to Participate in the Road Project

Participation Frequency Participation Frequency Participation Frequency Construction

Activities 60% Landscaping 20% Financial

Support to Maintenance

20%

4.2. Gender Analysis and Implementation

The socioeconomic census indicated that in Phase I of the 67 PAPs identified during the Phase I of Census: 61.2% were males (38 individual owners and 3 commercial) and 38.8% were females (26 individual owners). There were Renters: 9 entities, headed exclusively by men.

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Out of 87.5% PAPs that prefer Cash for Land compensation: Men: 62.5% Female: 37.5% Out of 12.5% that prefer Land for Land compensation: Men: 60% Female: 40% The Implementation Consultant will need to ensure that a Gender Plan is implemented. The Plan should ensure that:

- Gender disaggregated data is kept throughout the cycle of the M2 Project - The Village Committees should ensure a balanced gender composition - Technical assistance and training on the principles of gender mainstreaming will be

delivered at the local level- village and district committees - For any well/shrine relocation and removal the community consultations will implement

gender mainstreaming - The valuations have not distinguished or prejudiced against gender. This will be closely

monitored during the payment period - Land for land cases will be examined carefully during implementation for gender and

special measures if required will be in-acted to ensure that cases are not biased.

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5. Legal Framework

5.1. Moldovan Legislation and World Bank Policy

There is only limited compatibility between Moldovan legislation and WB policy. This reflects a fundamentally different orientation towards the relation between the government, people and land (and other natural resources). In WB-funded projects, all land acquisition and/or resettlement issues will be resolved according to the higher standard where Moldovan law and WB policy diverge because the lesser standard is met ipso facto. In other words, OP 4.12 complements the existing body of Moldova regulations and does not supplant them. The first step in designing the compensation and rehabilitation measures is to determine the entitlements of affected persons under applicable laws and regulations, to identify any services or social benefits to which they might have access, and to ensure that sufficient resources are available. The next step is to assess what additional measures are needed, if any, to restore the livelihoods of the affected population to the pre-resettlement level, and to design mechanisms capable of delivering the goods or services that are needed, including effective and expeditious procedures for the resolution of disputes. This allows the compensation and rehabilitation package to work within the constraints of local laws and institutions, complementing them only as required, with project specific measures.

5.2. Eligibility

Moldovan legislation provides only scant attention to the special needs of vulnerable groups among those affected, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other persons who are presently not be protected. These categories of PAPs appear ineligible to receive special entitlements tailored to their special needs. World Bank policy, however, requires recognition of gender equity, the rights and needs of vulnerable populations such as women, elderly, children, the poor in the provision of entitlements and compensation measures. Baseline studies undertaken during preparation of this RAP have been sensitive to finding people who may not be owners in the Cadastral Register but are children of the deceased owner. The study has also identified categories of poor and vulnerable groups among the affected persons (e.g. people with many children, single parents, and people with disability). A record has also been kept of the affected persons holding land certificates currently absent from the country.

5.3. Replacement Cost

Government of Moldova legislation contains no reference to replacement cost. World Bank policy (OP 4.12), however, stipulates that all affected assets (land and structures) are compensated at their replacement cost. “Replacement cost” is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building

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materials to the construction site, plus the cost of any labour and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset.

5.4. Normative Cost

According to the Law on Normative Price No. 1308-XII dated 25.07.97 Annex, Note – pct.1. Average soil fertility for village is used, or based on the written owner’s request; someone such as IPOT for example could make a soil expertise and measure of set the soil fertility for a particular parcel. For such large works, like those in this study, the average fertility for locality is used. In accordance with the Law on Normative Price of Land Nr.302 dated December 2nd, 1994, Art.2 "Normative price of land is a measure of value estimation and is equivalent to its natural and economic potential, expressed in national currency. It is determined by this law and applied in land relations realization process, irrespective of land property type." In present time, within the examined region, the market value of land is much lower than the normative value. Thus, the normative value of the land is more attractive to landowners than its market value. The contrast between market price and normative price can be found in Appendix B. The source of data from where average fertility for locality is as follows:

1. Viorel Chivriga, “Evolution of the agricultural land market in the Republic of Moldova”,

IDIS Report of Public Policies, No.4 2009, Annex 1, page 44, Characteristic quality of

agricultural land (his refers to soil fertility);

http://www.viitorul.org/public/2164/ro/Evolutia%20Pietei%20Funciare.pdf

Land Cadaster of the Republic of Moldova at 01.01.2009, last edition book edited by ARFC (Cadastrul Funciar al Republicii Moldova la 01.01.2009 – in ROM)

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6. Institutional Framework

6.1. Institutional Partners

The Millennium Challenge Corporation (MCC) has an agreement with the Government of Moldova (GoM) represented by the Ministry of Transport and Road Infrastructure (MTRI) and its agent SRA, National Bureau of Statistics (NBS), and Cadaster and Land Relations Agency (ARFC), Ministry of Regional Development and Constructions (MRDC), as well as Ministry of Environment (MoEnv.), Ministry of Economy (MoE), Ministry of Finance (MoF), as necessary, on defining specific institutional roles and responsibilities for the design, implementation and monitoring of the resettlement activities, including preparation of any individual RAPs. The implementing entity for the proposed project is SRA. ARFC is in charge of land management in the country and has overall responsibility for the preparation, implementation and monitoring of all land acquisition and resettlement tasks.

Resettlement Roles and Responsibilities

The State Roads Administration acts as the Implementing Entity of the Road Project through a Project Implementing Entity Agreement signed between MCA Moldova and SRA. The State Roads Administration will be nominated through a Government decision to act as the Buyer in the process of land acquisition representing State Authorities and will also participate in the process of public lands assignment as the Party to whom the lands will be assigned. SRA also:

- holds the title of ownership and beneficiary of construction, rehabilitation, repair and maintenance of the roads and it is the distributor of all resources allocated for these matters from the State Budget and the Road Fund;

- It ensures an efficient and economic use of financial and material resources, allocated for the development and maintenance of Moldova's public roads branch.

- It ensures the maintenance of roads' vital functions and their administration.

SRA will fulfill other duties, roles and responsibilities as per applicable legislation or procedures. The Land Relations and Cadaster Agency has overall responsibility for the process of public lands delimitation, assignment and acquisition, land use change and the correction of graphical errors as per geometric position of land plots. The State Enterprise “Cadastru” was appointed by Land Relations and cadaster Agency to carry out the procedures and necessary works to correct graphical errors as per geometric position of land plots. The overall responsibility of the State Enterprise “Cadastru” regarding the implementation of the Resettlement Action Plan is verification of prerequisite cadastral works (land plots bodies formation), registration of ownership rights, issuance of documentation necessary to close sale and purchase agreements (ownership rights certificate and state valuation certificate). Design Institute for Territorial Organization carries out works in the field of territorial organization, geodesy and land cadaster.

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Notaries and their offices have overall responsibility for the authorization of contract agreements, Power of Attorneys and other documentation to be issued for the implementation of the Resettlement Action Plan. Local Authorities/State Authorities will be involved in the process of land assignment, land acquisition, land for land procedure, land use change, relocation of wells and shrines.

6.2. Coordination and Supervision

6.2.1. Committees

The various agencies need to be carefully coordinated so as to obtain effective, smooth and timely land acquisition and compensation of the PAPs, as well as overall project implementation. To this purpose two coordination committees will be established, at district and at village level respectively.

(i) A Land Acquisition and Resettlement Coordination Committee (CC) to be formed in each relevant District. The CC will be a coordinating node for the preparation and implementation of land acquisition and resettlement surveys (surveys execution, assets valuation, PAP consultation, and local approval of land acquisition and resettlement provisions) and complaints and grievances. Formation of the CC will be initiated by the Resettlement Action Plan Implementing Entity The main functions of the CC will be to facilitate communication between the Resettlement Action Plan Implementing Entity, local governments, and communities and provide a forum where representatives of the PAPs can present their views on various land acquisition and resettlement related matters. One of the most important roles of the CC will be to offer the affected communities with a channel and support group for addressing complaints and grievances forwarded to them by respective village resettlement committees. In this function the CC will hear complaints originating in communities impacted by any aspect of project activities. Decisions reached by the CC will be final, though complainants will have access to the Moldovan legal system by taking their respective grievances through the courts. Gender training for each CC will be done under the technical assistance provided by the RAP Implementation Entity. (ii) A Village Resettlement Committee (VRC) will be formed to represent PAPs interests in seven village clusters. These committees will also provide a focal point for PAPs having issues, for example grievances, they wish to raise concerning entitlements and/or any other aspect of project implementation. Membership of the VRC will comprise the mayor of a village in a respective cluster, one PAP and a teacher from one of the cluster villages and be gender balanced.

6.2.2. Compensation payments

The procedure that has been adopted for compensation payments is through village banks. MCA will have a formal arrangement with a bank and will provide the payment details for each payee. This instruction is sent to the bank and a PAP will precede to the bank with his/her National ID card and receive and sign for the compensation. For absentee PAPs a Power of Attorney can be found in Appendix N. Additional information on the absentee process is found in figure 13.2 PAPs absentee diagram. The PAP would have this notarized. In some cases, the Embassy (depending on the country) has a list of notaries. Compensation payment must be made to the PAP and not the Power of Attorney representative.

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6.3. Land Acquisition and Compensation

Land acquisition and compensation will be undertaken according to national legislation with particular reference to the Law on Expropriation for Reasons of Public Use No. 488 of 7 August 1999 (Law of Eminent Domain). This lays down rules for expropriation and appropriation of land and sets out the conditions and procedures for compensation. There is, however, only a very incomplete guidance as to how this legislation is to be enforced. The Private land acquisition process is as follows: 1. Ownership right over initial land.

The first step to a transaction is the transfer of ownership rights from the deceased PAPs to the heirs / legal successors. This procedure involves obtaining information from the Cadastral Office for property confirmation on the deceased PAP, the transaction at the notary and later the transfer of ownership right on the successor, within the Cadastral Office. 2. Initial parcels Formation.

Initial parcels have to be divided into two plots: the plot directly affected by the Road Rehabilitation Project and the remaining land. This procedure is performed in accordance with the Law of real estate formation Nr.354 dated October 28th, 2004. The modality of land formation will be separation (Article 10):

(1) Separation is a way of obtaining an independent plot by detaching it from an initial registered parcel.

(2) The registration of property rights over the new formed plots is based on PAPs decision of splitting its private property.

(3) Separation can be formed both in cases of private and common properties. In the latter case, after separation, the plot will remain in joint ownership made, observing the same share of ownership.

(4) If the initial parcel has encumbrances (lease, mortgage, etc.), the encumbrances will be kept and applied on the new formed plots.

3. The PAP submits the Formation Project at Cadastral Office for right registration, after which the PAP will hold two plots: the plot directly affected and the remaining land. Simultaneously, the PAP orders at the Cadastral Office the release of information confirming the property right of plot directly affected.

4. The transaction of sale/purchase at the notary. 5. The Buyer (state representative) submits the sale/purchase contract at Cadastral Office for registration of ownership of the plot directly affected on the name of Republic of Moldova. In regular conditions (the land owner is alive, the plot is not arrested etc) - the process of technical separation + land acquisition might take approx. 1-2 months. If the landowner is deceased, it takes approx. 2 months to be recognized as a legal successor (Notary (within 6 months after death) or Court (more than 6 months after death)), and another 1-2 months to actually separate +sell. In total 3-4 months. The situation regarding the process of land assignment, that is the acquisition of public/state land, is clearer. But this is a somewhat formal procedure involving neither PAPs nor private property. The aim of the plan, therefore, is to provide a procedure that will not only facilitate the parallel responsibilities of resettlement plan composition and land and non-land asset

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acquisition for this project but will provide a framework meeting international standards for future resettlement needs. Figure 6.1 demonstrates how RAP preparation and land acquisition are best seen as components in a seamless process. Further it is clear that through this procedural integration IFI policy guidelines can be met. The figure shows the processes followed by the RAP consultants in preparing this document. It highlights the principal features of the process and show the importance of coordinating the more technical issues associated with land plot identification and cadastral inventory with socio-economic survey work and focus group discussions. A similar coordination is displayed between activities associated with the RAP procedures and the process of land acquisition. In describing these closely integrated processes it presents a model of how future resettlement obligations might be planned and implemented in an IFI-compliant fashion.

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Figure 6.1 RAP Preparation and Land Acquisition

Source: The Consultant

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The above procedure is fully in accordance with contemporary Government of Moldova legislation. The following paragraphs detail the formal steps to be taken.

6.3.1. The acquisition of private land process takes the form of a land purchase agreement and as such will include the following steps:

a) The Seller prepares the documents that confirm land ownership rights (including Cadastre Registry Certificate and Valuation Certificate issued by Territorial Cadastre Offices TCO, and Certificate from Fiscal Authority);

b) Seller and Buyer close the sale and purchase agreement; c) Sale and purchase agreement gets notary authentication; d) Buyer registers the sale and purchase agreement at the Territorial Cadastral Office.

Ownership rights are acquired from the moment the sale and purchase agreement is registered in Cadaster. As per Law on normative land price; Civil Code, Law on Cadastre

6.3.2. The acquisition of public/state land involves the following steps:

a) The Buyer (Project Owner) issues an application to buy land to the Local Authority or to the State Institution;

b) Local Authority or State Institution examines, within 30 days, the application, starts the elaboration of cadastral plan, determines (valuates) land price, closes the sale and purchase agreement and establishes the payment schedule;

c) The Buyer pays, within 30 days, the established price for land which is not less than the normative land price;

d) Sale and purchase agreement gets notary authentication; e) Buyer registers the sale and purchase agreement at the TCO.

Ownership rights are acquired from the moment the sale and purchase agreement is registered in Cadastre.

6.3.3. The assignment of public/state land:

Public/state lands of low fertility as well as un-forested lands are assigned for the construction of industrial, residential, communal, railroads and roads, electric lines, pipelines objects. The assignment procedure is established by the Government Regulation 1451 as of 24.12.2007 and according the Land Code.

6.3.4. The assignment of public land belonging to State Authorities involves the following steps:

1. The Project Owner issues a demarche to ARFC where it indicates the scope of land assignment, name and characteristics of the object of assignment, location of lands, lands surface, name and info on the land owner (state institution which holds the ownership title). The demarche is associated with the next papers:

a. Argumentation Note, including urban plan and associated design; b. Notice from Project Owner’s superior institution (if applicable); c. Notice from lands’ Owner; d. Notice from lands’ Owner superior institution (if applicable); e. Cadastral Plans coordinated with interested institutions and stakeholders;

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2. ARFC appoints IPOT to issue together with the Project Owner of the land assignment cadastral folder. 3. The land Owner (state institution) nominates the Valuation Committee composed of:

a. Committee Chairman - land Owner (state institution) leader; b. Committee members – IPOT, representative of land owner, representative of land owner

superior institution (if applicable), representative of Project Owner, other representatives of interested institutions (on request from land Owner);

Based on materials presented at art 1 and field researches, the Valuation Committee, within 30 days, prepares the assignment paper (describing total surface, land use, stakeholders obligations and procedures to be followed), including overall plan, cadastral plan 1:10000 (1:5000; 1:2000) showing land plot boundaries, type of lands, type of boundaries. The assignment paper and associated documentation is signed by the members of Valuation Committee (stamp of the land owner applied). IPOT based on Project Owner demarche and Valuation Committee documentations issues an Explanatory Notice. IPOT based on Explanatory Note, Project Owner demarche and Valuation Committee documentation issues the cadastral folder on land assignment. The cadastral folder is coordinated with the interested institutions and stakeholders by the Project Owner. The Project Owner, after the cadastral folder is coordinated, hands out the folder to ARFC. ARFC issues the Government Decision on land assignment. The GoM based on documentation prepared by the ARFC approves the land assignment decision.

6.3.5. The assignment of public land belonging to Local Authorities (Local Administrations) involves the following steps:

1. The Project Owner issues a demarche to Local Authority where it indicates the scope of land assignment, name and characteristics of the object of assignment, location of lands, lands surface, name and info on the land owner (local institution which holds the ownership title). The demarche is associated with the next papers:

a. Argumentation Note, including urban plan and associated design; b. Notice from Project Owner’s superior institution (if applicable); c. Notice from lands’ Owner; d. Notice from lands’ Owner superior institution (if applicable); e. Cadastral Plans coordinated with interested institutions and stakeholders;

2. The copy of the demarche and associated documentation is presented to IPOT. 3. Local Council examines the demarche and associated documentation, adopts respective Decision and appoints the Mayor’s Office to nominate the Valuation Committee. 4. The Mayor of the locality nominates the Valuation Committee composed of:

a. Committee Chairman – Mayor or Vice Mayor;

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b. Committee members – representative of the Project Owner, representative of the land Owner, representative of IPOT;

c. Mayor’s Office cadastral engineer, other representatives of interested institutions (on request from land Owner);

Based on materials presented at art 1 and field researches, the Valuation Committee, within 30 days, prepares the assignment paper and Council Decision on land assignment (describing total surface, land use, stakeholders obligations and procedures to be followed), including overall plan, cadastral plan 1:10000 (1:5000; 1:2000) showing land plot boundaries, type of lands, type of boundaries. The assignment paper and associated documentation is signed by the members of Valuation Committee (stamp of the land owner or Local Authority is applied). The Assignment Decision is approved by the Local Council. Considering both, land assignment from state institutions and local authorities in case of land use change necessity (from agricultural to construction) the land assignment is followed and complemented by the next procedure: 1. The Project Owner issue a demarche to central administration (land owner) or local administration with a copy to IPOT including the following information:

a. Land use change reasoning; b. Land surface, type of agricultural lands, land fertility; c. Memorandum of understanding on the compensation of agricultural losses (as per

law on normative land price). The demarche will be associated with the following documentation:

1. Project Owner legal documents; 2. Copy of land ownership documents; 3. Detailed Design; 4. Pedagogical report or paper issued by IPOT

Valuation Committees appointed as mentioned above based on presented documentation, field researches prepares the necessary documentation for land use change. The Valuation Committee, within 30 days, prepares the land use change paper (describing total surface, land use, stakeholders obligations and procedures to be followed), including overall plan, cadastral plan 1:10000 (1:5000; 1:2000) showing land plot boundaries, type of lands, type of boundaries. The assignment paper and associated documentation is signed by the members of Valuation Committee (stamp of the land owner or local authority applied). Central Administration or Local Administration examines the documentation issued by the Valuation Committee and adopts the Decision to suggest Land Use Change. Documentation is forwarded to the Government (ARFC). ARFC appoints IPOT to issue together with the Project Owner of the land use change cadastral folder. The Project Owner coordinates the cadastral folder with State Ecological Inspectorate, Forestry Agency “MOLDSILVA”, and then presents the coordinated cadastral folder to ARFC. ARFC examines the cadastral folder and issues the Government Decision on land use change.

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The GoM based on documentation prepared by the ARFC approves the land use change decision.

6.4. Acquisition of Structures and Non-land Assets

Unlike in the case of land neither protocol nor regulation has been promulgated for calculating a normative price for non-land assets lost to PAPs as a result of civil works activities. World Bank OP 4.12, however, covers direct economic and social impacts including:

a. The involuntary taking of land; b. Relocation or loss of shelter; c. Loss of assets or access to assets; or d. Loss of income sources or means of livelihood, whether or not the affected persons

must move to another location. OP 4.12 further requires that all affected assets (land and structures) are compensated at their replacement cost. Since in much of rural Moldova there are no well-formed markets in not-new housing or physical structures and/or assets the replacement cost of these structures and/or assets should be equal to the cost of constructing/purchasing a new structure or asset, without making any deductions for depreciation.

6.5. Land-for Land

Six of the 93 PAPs have expressed their preference for receiving land as compensation for land acquired for project civil works. This is a preferred procedure according to World Bank OP 4.12 for displaced persons whose livelihoods are land-based. A similar land-for-land option is clearly indicated in Moldovan legislation. Specifically, the Law on Expropriation for Reasons of Public Use No. 488 of 7 August 1999 (Law of Eminent Domain) defines rules of expropriation and of appropriation and sets out the conditions and procedures for compensation. For the loss of assets including replacement of land by offering an alternative land plot of equal value, that is: a land-for-land option. The selection of specific areas of land for which acquired land can be exchanged will be undertaken through negotiation with respective PAPs. Land for land procedure as described in Government Regulation 1451 as of 24.12.2007:

a. The Project Owner interested in land for land procedure initiates the process by presenting to the land owner the cadastral plans with all options included, describing land surfaces, land fertility, compensation procedures, etc.;

b. The Project Owner, if agreed by the land owner, issues the swap agreement, coordinates the swap agreement with the superior institution (if applicable) and land owner;

c. The Project Owner issues and presents to the GoM the Swap Decision. d. GoM approves Land Swap decision; GoM will nominate the state institution to sign the

swap agreement.

6.6. Consolidation of Plots

The lengthy process of plot identification and sale/purchase procedure can be somewhat facilitating through a process of plot consolidation. This process involves the consolidation of any number of adjacent plots into one unitary plot which can be sold / purchased in a fraction of

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the time it would take for individual plots. The availability of this accelerated procedure, however, is subject to the following three conditions:

a. Plots to be consolidated must be contiguous; b. Plots to be consolidated must have the same land use; c. Plots to be consolidated must be registered under a common owner.

6.7. Implementation Process

A consulting firm will be hired by MCA to assist in RAP implementation process. At a minimum it should include a Team Leader, a Community Liaison Consultant, and a Project Coordinator as well as expertise in valuation.

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7. Eligibility

7.1. Eligibility Matrix

The Eligibility Matrix is found in Table 7.4. Each category in the eligibility matrix has compensation calculations associated with it based on type of tree, type of crop and yields.

7.1.1. Cutoff date

The cutoff date of the RAP is within five days of completion of the Detailed Measurement Survey (DMS). With 95% Design changes the new PAPs DMS were all completed by June 24th. Therefore the cutoff date is June the 29th 2011.

7.2. Construction

The construction plots designated construction uses of land have separate valuation reports found in Appendix D.

7.3. Billboard A billboard was identified in the ROW trumpet heading north to Balti direction on the right side of the intersection. A traffic sign was also identified nearby. These are on public land.

7.4. Graphical Errors

There are graphical errors in 46% of the initial Phase One cases and a slightly less frequency for the new PAPs under Phase II that came up post 95% Design adjustments. The MCA is working to correct these errors prior to payment of compensation. In the interim, Preliminary Agreements have been signed with some PAPS that have graphical errors as the agreement process was obliged to be carried out during the Planning Phase. It is expected that the graphical errors once corrected will not reduce price. The most serious cases of graphical errors from a financial perspective are the SRA walnut tree cases and the fruit trees. This is because the fruit trees especially are the two highest cases of compensation to be paid out. The walnut trees could have been expensive; however, they are SRA walnut trees.

7.5. Calculations of Crops and Fruit Trees

The following tables illustrate details affecting land acquisition and crops and trees. These calculations follow the entitlement matrix. Boxes highlight how the calculations were made. Crop Calculations Details According to the estimation compensation for affected crops and private property, most of the areas are cultivated with maize with a total surface of app. 1.12 ha, and correspondingly the highest compensation amount of app. 13274 Lei. Follows sunflower with a total surface of app. 0.9 ha and total compensation amount of 9465 Lei. Alfalfa is being cultivated on a total surface of 0.2 ha and raises the compensation amount up to 10676 Lei, then rapeseed on a surface of app. 0.12 ha and total compensation of 1583 Lei. The least cultivated crop is wheat on a total surface of app. 0.09 ha and a total compensation amount of 730 Lei. Total affected area for crops = 2.428 ha, total compensation amount for lost production of crops = 35728 Lei.

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Fruit Tree Calculation Details According to the study done by the Agency ACSA “Business in Orchard Growing”, 2010, p.6, Table 1.1, the investments made for planting 1 ha of apple trees and the volume of works and expenses until the orchard starts fruit is around 153305 lei The seedlings are also included in the expenses. Normative value of the land refers to the valuation calculation for the land.

7.6. Calculations for Structure

The calculation for the structure(s) in one plot was based on replacement cost. The summary valuation is found at the end of Appendix A. The detailed Valuation Report is found in Appendix C Building Valuation Report. The tire shop in the RoW of a Public Plot has not been valued; however, interviews have been done twice at site and again with the owner who was out of the country. The land for the tire shop was allocated through a Local Council Decision of Sarateni Village in 1995. This was Decision No. 4 of 25th November 1995. The owner had not made a final decision of where he wanted to be located and local officials and the owner will need to meet during implementation about relocation. Calculation for Structure The structure was valued based on OP 4.12 principles. In addition, a detailed Valuation Report in the format required by government was submitted to MCA.

7.7. Explanations for Renters

There are nine renters that will receive compensation. The details on their calculation are provided below. Renters Calculation Details The renter’s calculation is based on the price of crops lost due to land acquisition. Price for crops is based on: Market research at stores, market, internet data, the Practical-Scientific Institute “Selectia” from Balti, data on crops provided by ACSA Agency. Renters are not paid for normative price of land.

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Table 7.1 Estimation Compensation for Affected Crops in Private Property

No. Species Area, ha

Average production (kg/ha) Average market

price (Lei/kg)

Total compensation

(Lei)

1 Maize 1.1197 4850 2.5 13 274

2 Wheat 0.0884 3300 2.5 730

3 Sunflower 0.9013 2100 5 9 465

4 Rapeseed 0.1207 2500 6 1 583

5 Alfalfa 0.1977 60 tone/ha 300 Lei/ton 10 676

2.4278

35 728

Source: Market research at stores, market, internet data, the Practical-Scientific Institute “Selectia” from Balti, data on crops provided by ACSA Agency (for more details see www.acsa.md)

Table 7.2 Estimation Compensation for Affected Orchards in Private Property

No.

PAP list ID No of plants Surface, ha

Average production,

kg/tree

Average market

price, lei/kg

Lost harvest,

expenses for orchards,

seedlings etc., LEI

Total compensation

(Lei)

1 38 121 0.3683 25 10 115,350 127,867

2 39 235 0.1326 25 10 224,027 258,793

0.5009

386,660

Source: Consultant’s Valuation June 2011

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Table 7.3 provides the total at 2.7 ha for public property. The highest amount of public land that will be acquired is vacant land while the lowest amount to be acquired is pasture.

Table 7.3 Public Property Lands/Plots

No. Forest, ha Vacant land,

ha Pasture, ha Cultivated, ha Total, ha

1 0.465 1.3162 0.4314 0.4871 2.6997

Source: Consultants Valuation June 2011

Table 7.4 presents the Entitlement Matrix. It has been updated slightly since the Draft RAP including an adjustment to the tree formula.

Table 7.4 Entitlement Matrix

Type of Loss Application Entitled Person RAP entitlements

1. Loss of arable, forest, residential, or commercial Land

1.1 Permanent loss of land.

Eligible landholder /occupant

1.1 Cash compensation at market rate, Or: Compensation through “land for land” mechanisms at PAP’s preference. Note that loss of infrastructure will require land replacement (unless PAP specifically requests otherwise). Loss of land should not make any PAP more vulnerable. Training opportunities could be made available depending on any decrease in vulnerability.

1.2 Temporary acquisition or easement during construction/ camp/ storage

Ditto 1.2 Monthly cash compensation to cover income opportunity

lost and restoration of land (leveling, drainage, fertilizer etc.)

2. Temporary structures: mobile stores, fence, latrine etc.

During construction

Affected person (AP) who is the recognized owner, whether with land title or not, and whether the structure was built with permit or not

(i) Compensation in cash or materials at full replacement cost at current market value, with no deduction in compensation for depreciation or salvageable materials. (ii) If relocation is required, for movable structures, assessment of ability to move the un-dismantled structure. If PAPs agree the structure can be moved, assistance will be provided to cover the replacement costs of site preparation, dismantling, moving, and rebuilding the structure.

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Type of Loss Application Entitled Person RAP entitlements

3. Annual crops Owner of crops PAPs will be given 2 months’ notice to harvest crops prior to clearance. For crops that cannot be harvested, PAPs will be awarded the full market value of production lost

4. Perennial crops and trees

(i) Timber and fruit trees (ii) Private shade trees

(i) Owner of crops or trees (ii) Owner of trees

(i) Cash compensation at market price for loss of crops/fruits calculated as number of years needed to bear fruit. (ii) Replacement of saplings up to a factor of 15 new to one old tree included in the compensation. Wood value considered for applicable trees.

5. Loss of workdays and income Employees losing income during the construction

A lump sum for loss of wage and income restoration (to be monitored for adequacy).

6. Relocation allowance

House owner Cash allowance

7. Business losses allowance Business owner

Cash allowance equivalent to 1 month income in subproject areas. The allowance will be provided monthly for the transitional period up to 6 months

8. Public infrastructure Local communities

Full replacement or rehabilitation of the affected item at no cost for the community.

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8. Valuation and Compensation for Losses

8.1. Valuation Process

The valuation process was a staged process. The plots were determined based on Cadastral Agency data. Enumerators were sent to the field with supervision from May 16-20 and again due to additional PAPs from design adjustments June 17-22. Meetings and research on the price of agricultural land in these regions was done. Interviews were conducted with the three Regional Cadaster Offices, local cadaster engineers from respective local authorities, local valuation experts and land investors.

8.2. Normative Price

The normative price has been adopted for compensation. The formula applied to normative price is found in Figure 8-1. Appendix A follows normative price and this is further indicated in the budget in Table 18.1.

Figure 8.1 Normative Price Calculation

FORMULAS USED FOR VALUATION: NORMATIVE PRICE: Price normative = Area g/ha x Soil fertility (reliability) average locality x Tariff g/ha Pos.II MARKET PRICE: 1. During a market analysis, there has been selected for comparison the transaction (sell-buy) value of 1 ha paid by the land-leaders, depending on land use and location:

Garden, Agricultural, Construction 2. Coefficients applied, depending on:

- parcel form (round, triangle); - its location, distance from village center - existing structures/utilities

3. Only the affected surface has been valuated

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9. Resettlement Measures A total of 133 parcels of public and private land will be acquired for implementation of proposed civil works. These parcels will be taken from 74 privately owned plots. The linear nature of the proposed works means that parcels of land to be acquired are generally small and, as such, will result in minor loss to most PAPs. Twenty one PAPs stand to lose more than 10% of individual plots. Privately owned land is generally rented out for cultivation by agro-business and planted variously to either annual crops such as maize, grain, rapeseed or perennial crops, for example: apples or grapes. Rents are paid annually and exclusively paid in kind, a typical annual rent consisting of 150-750kg cereal plus 30kg-120 kg of sunflower seeds for making cooking oil. There is one case of physical relocation which is the tire shop at Sarateni junction. The tire shop in the RoW of a Public Plot has not been valued; however, interviews have been done twice at site and again with the owner who was out of the country. The land for the tire shop was allocated through a Local Council Decision of Sarateni Village in 1995. This was Decision No. 4 of 25th November 1995. The owner accepts to move his tire shop a few metres from the actual junction. The tire shop is expected to have a small loss of income and this will be accounted for in the implementation stage. The relocation site will be identified at the implementation stage and it will agreed between tire shop Owner, Local Authorities and SRA.

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10. Relocation of Community Property The relocation of wells and shrines is a community issue. Outside of those land parcels to be acquired for road works there are both wells and shrines within the SRA RoW and all along the corridor. Figure 10.1 illustrates the process that will be adopted under RAP implementation to remove the shrines that are impacted by construction and potentially close some contaminated wells.

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Figure 10.1 Wells and Shrine Relocation Process

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10.1. Wells

Table 10.1 provides an inventory of wells along the corridor, eight of which will be impacted by construction activities (highlighted). The government policy is to close contaminated wells in general. Further, the M2 only has one village that will have a piped water system introduced by a donor – EBRD. There are no villages along the M2 that will benefit from the World Bank Water and Sanitation Project.

Table 10.1 Wells Inventory List on the RoW and Closest along the Localities on M2

No. Chainage, Km Distance from RoW, m Locality

1 Km 0, (on the left) Even on the Right-of-Way Saratenii Vechi

2 Km 1.4 (on the left) 8 meters (covered) Codrul Nou

3 Km 2.2 (on the right) 6 meters Codrul Nou

4 Km 2.8 (on the right) 15 meters (covered) Between Codrul Nou and Tintareni

5 Km 3.6 (on the left) 8 meters (in use) Tintareni

6 Km 3.7 (on the left) 6 meters Tintareni

7 Km 3.9 (on the right) 4-5 meters (in use) Tintareni

8 Km 4.2 (on the right) 5 meters Tintareni

9 Km 5.7 (on the left) 2-3 meters (covered) Tintareni

10 Km 16.2 (on the right) 2-3 meters (in use, very sensitive)

Brinzenii Noi

11 Km 22.8 (on the right) 1-2 meters (not in use) Ordasei

12 Km 24.9 (on the right) 5 meters (in use) Prodanesti

13 Km 25 (on the left) 4 meters (in use) Prodanesti

14 Km 25.5 (on the left) 4 meters (in use) Prodanesti

15 Km 26.4 (on the right) 5 meters (in use) Prodanesti

16 Km 28.8 (on the left) 2 meters (in use) Capresti

17 Km 31.3 (on the left) 3 meters Capresti

18 Km 32.5 (on the left) 6 meters (in use) Domulgeni

19 Km 34.5 (on the right) 1 meter (covered) after Domulgeni

20 Km 38.8 (on the right) 5 meters (in use) and spring Rogojeni (Floresti junction) to be replacement

21 Km 41.4 (on the left) 10 meters (in use) before Ghindesti

22 Km 43.2 (on the right) 2-3 meters (covered) Ghindesti

23 (3)

Km 47.1 (on the left) 5 meters (in use) Gura Camencii

27 (2)

Km 57.4 (3 units on the right)

6-10 meters (in use) Ciripcau

30 Km 57.9 (one on the left and one on the right)

6-10 meters (in use) Ciripcau

31 Km 58.3 (on the left) 10 meters (in use) Ciripcau

32 Km 58.8 (on the left) 7 meters (in use) Ciripcau

33 Km 59 (on the left) 7 meters (in use, on the private land area)

Ciripcau

34 Km 64.4 (on the left) 3 meters (in use) Stoicani

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35 Km 70 (on the left) 7-10 meters (covered) before Alexandru cel Bun

36 Km 72.6 (on the right) 4-5 meters (in use, sensitive) Alexandru cel Bun

37 Km 72.7 (on the right) 10 meters (in use) Alexandru cel Bun

38 Km 73.9 (on left) 4 meters (in use) Volovita

39 Km 74.7 (on the right) 4-5 meters (in use) Volovita

40 Km 74.9 (on the right) 4-5 meters (in use) Volovita (Police station)

41 Km 81.6 (on the left) 3 meters (covered) Soroca (Otaci junction)

42 Km 87.4 (on the left) 4-5 meters (in use) Rublenita*

43 (3)

Km 87.6 (on the right) 5 meters (covered) Rublenita

44 Km 87.8-88 (two on the left and one on the right)

6-7 meters (in use) Rublenita

Source: Consultant’s Study

Table 10.2 illustrates three wells where current health data was available.

Table 10.2 Sample of Three Wells with Poor Water Quality

No. Chainage, km Distance from

RoW, m Locality Water Quality

16 Km 31.3 (on the left)

3 meters Capresti

does not meet hygienic requirements because of the high content of nitrate and fluoride, the increased hardness and fixed residue*

19 Km 38.8 (on the right)

5 meters (in use) and spring

Rogojeni (Floresti junction) to be replacement

does not meet hygienic requirements because of high nitrate content and increased hardness*

39 Km 74.9 (on the right)

4-5 meters (in use)

Volovita (Police station)

does not meet hygienic requirements because of high nitrate content and increased hardness*

Source: Consultant’s Study

10.2. Strategy for Wells In order to identify those locations that are impacted by rehabilitation activities the Design Consultant provided a list of wells identified by chainage. A field trip was held to visually inspect each location. Table 10.3 illustrates the eight well locations. Some common strategies involving communities are highlighted in the way forward. The main principles of the strategy for relocating wells are as follows:

- Follow sound community development practices - Conduct 2-3 meetings with each community over the removal of these seven priority

wells - Work on consensus with communities - Ensure that community consultations are gender mainstreamed

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- Follow up with local officials and community leaders at least a month before well relocation

- Promote the government strategy of shallow well closure and ensure that communities know that piped water is the government choice

- Demonstrate communities within the M2 corridor as mentors as some villages are doing their own water supply (piped) without any donor support

- Ensure that qualified community development practitioners send standard field note reports on each well meeting and consultation to the RAP Implementation Consultant for onward forwarding to MCA

- Work closely with environment, health and construction staff and officials on well removal.

Table 10.3 Wells Impacted by Rehabilitation

No. Chainage,

km Location Description Strategic Options

1 71+220 Sarateni junction, N-W corner,

The well is fairly recently renovated and is located next to a large shrine; It was observed that the well is currently not used (functional) depth of the well is estimated to be 10 meters. Because of the massive reconstruction works in the area (construction of traffic interchange) the well and shrine will need to be removed.

Removal Replacement of well Provision of Community “monument” function in different form Compensation to community / owner Consultation with the affected communities will be initiated at the on-set of the implementation phase.

2 76+900

After Tintareni village, N-W corner on the left side of the road

The well is located next to a large tree and it was observed that it is currently not used, and does not contain any water; the well seems to be abandoned (covered) for many years. Because of the anticipated construction activity the well will need to be removed;

Removal Estimate cost to provide cost with safe drinking water in close proximity Inform public about closure of well

3 94+096

After Ordasei village, N-E corner, on the right side of the road

The well clearly not in use. From the ground up to the water surface are about 3 meters. The well is damaged and abandoned. Because of reconstruction works the well will need to be removed;

Removal Other water source (lake) for technical water near-by Inform public about closure of well

4 105+500

After Domulgeni village, N-E corner, on the right side of the road

The well not in use. From the ground up to the water surface are about 6 meters. According to the local people the water is not used for many years, it is very dirty and polluted. The area around the well is used by fruit vendors;

Inform public about the need to close well; Consult public about replacement of current uses on the well site

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No. Chainage,

km Location Description Strategic Options

Well has character of community monument.

5 109+850

Rogojeni (North side of Floresti junction)

Well currently not in use, however was built in the last decade; Has more of the character of a community monument;

Removal Water provision at the gas station nearby possible; Consult with community on where to locate the “monument” without providing water;

6 114+246

Entrance in Ghindesti, N-E corner, on the right side of the road

The well is located together with a large shrine that was constructed or renovated in 2004 by private initiative. It was observed that the well is currently not used. Depth is estimated at 6m but there was no water visible. The design requires the removal of the well and shrine from its current location. The well currently does not function as a source of water, rather than in combination with the shrine as a monument

Removal of shrine /well Move of monument Consultation with the community on where to move monument function

7 135+387

Stoicani village junction, N-W corner, on left side of the road

The well is in use. From the ground up to the water surface are about 10 meters. It was built in 1939 and could be qualified as a historic monument. The well at its present location will need to be removed based on the requirements of the road design.

After determining the water quality and frequency of use, cost of potential relocation shall be determined considering the need to provide clean water; If cost determined to high other options to provide clean drinking water shall be discussed with the community. Provision of drinking water could be provided by nearby gas station Consultation with the community on where to move monument function

8 152+530 Soroca (Otaci junction)

The existing well is located in combination with a bus stop. The well is not in use. From the ground up to the water surface are about 6 meters, but water is not.

Recheck with designer whether removal of well is necessary. If necessary consult with community on how to provide clean water other than through well;

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No. Chainage,

km Location Description Strategic Options

Consult on relocating well (if safe drinking water quality can be achieved at same depth)

Source: August 17, 2011 Field Trip by RAP Planning Consultant, MCA Representatives, and Design Consultant.

A budget for community consultation under the RAP Implementation has been allocated to each of these wells.

10.3. Shrines

The Draft RAP included the costs of two shrines that were in the affected parcels to be acquired and in the parcel’s asset inventory. In addition, the Study has identified shrines that are on the RoW up till Domulgeni and four shrines that will likely require relocation prior to construction. During the road reconstruction the shrines (simple crosses) could simply be moved with 2-3 meters from the ROW without any additional costs. The relocation process is reflected in Figure 10.1. It is suggested that a Community Liaison Consultant under RAP Implementation work on this and the well issue to ensure that the corridor is clear for construction.

Table 10.4 Inventory List of the Shrines Potentially Affected (till Domulgeni) on the RoW and Closest Along the Localities on M2

No. Chainage, Km Distance from RoW,

meters Ownership Locality

1 Km 0, (on the left) Even on the Right-of-Way (Trumpet)

Public Saratenii Vechi

2 Km 2 (on the right) 2 meters Private Codrul Nou

3 Km 3.9 (on the left) 3 meters Private Tintareni

4 Km 4.3 (on the right) 5 meters Private Tintareni

5 Km 4.4 (on the left) 2 meters Private Tintareni

6 Km 4.7 (on the right) 3 meters Private Tintareni

7 Km 5.2 (on the left) 2 meters Private Tintareni

8 Km 7.2 (on the right) 4 meters Private Tintareni

9 Km 9.3 (on the right) 2 meters Private after Tintareni

10 Km 12.3 (on the left) 3 meters Public before Brinzenii Noi

11 Km 13.9 (on the right) 5 meters Private Brinzenii Noi

12 Km 16.5 (on the left) 10 meters Public Brinzenii Noi

13 Km 21.1 (on the left) 2 meters Private Ordasei

14 Km 23 (on the right) 2 meters Private before Prodanesti

15 Km 24.9 (on the left) 2 meters Private Prodanesti

16 Km 27 (on the left) 2 meters Public Prodanesti

17 Km 33.6 (on the left) 10 meters Public entrance in Domulgeni

Source: Consultant’s Study, June 2011

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Table 10.5 Sample of Public Shrines Potentially to be Relocated

No. Chainage, km Distance from RoW, m Locality Ownership

1 Km 0 (on the left) Even on the Right-of-Way (Trumpet)

Saratenii Vechi Public

2 Km 12.3 (on the left) 3 meters before Brinzenii Noi Public

3 Km 38.8 (on the right) 3-5 meters Rogojeni (Floresti junction) to be replacement

Public

4 Km 75 (on the left) 4-5 meters Volovita (Soroca Police station)

Public

Source: Consultant’s Study, June 2011

10.4. Relocation of Commercial Sites

There are two commercial properties that fall under relocation. The first one has structures that are not officially placed in the private plot and are placed on public property. A separate Valuation Report has been submitted to MCA. Details of the structure are found at the end of Appendix A. The tire shop in the RoW of a Public Plot has not been valued; however, interviews have been done twice at site and again with the owner who was out of the country. The land for the tire shop was allocated through a Local Council Decision of Sarateni Village in 1995. This was Decision No. 4 of 25th November 1995. The owner accepts to move his tire shop a few meters from the actual junction. This will be problematic as this is the Trumpet. The employee will be paid a salary of 1500 lei/month for 3 months.

10.5. Walnut Trees

There were a number of private plots that were valued during the Detailed Measurement Survey (DMS) that had walnut trees. These private plots were re-assessed during the preparation of the Final RAP and a major adjustment has been made regarding the walnut trees. These plots had graphical errors. This so called forest strip has been planted by the Ministry of Transport. It has been determined that the walnut trees are included in the regional Transport Offices balances. The compensation for such plots should not include walnut trees, only the affected land and any crops planted. Actually, the owner of a “graphical error” parcel could be informed, that his parcel is not quite accurately located on the general map and that, if corrected, his affected area would go lower. Therefore, during the Preliminary Agreement Phase, the PAP signed for the affected land as it is, incorrect in a way due to graphical error and cannot get the compensation for walnut trees as they do not belong to him. It is understood that the state administration will decide later how to deal with the walnut trees. This may involve taking a decision to officially exclude a certain number of walnut trees from their accounting balance (like losses).

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11. Infrastructure and Social Services

11.1. General Descriptions

In general, the potential affected localities are from the Northern Development Region of Moldova. Only villages from Telenesti district are part of the Central Development Region, the other three – Floresti, Soldanesti and Soroca – are in the North Development Region. Overall, the North Development Region (NDR) meets the investment conditions better than South DR and Center DR. According to a study of the Center of Analysis Expert-Group in this area there are more economic opportunities for employment of population; the migration flows are less intense and entrepreneurship remains traditionally stronger than in other regions.1 Balti is the economic pivot of the entire northern region of Moldova, in the city streets intersecting major national and international road transport and rail. The potential of this infrastructure is not currently exploited because of poor technical conditions and quality of motor roads, particularly the section M2 that passes through the four districts mentioned above. The villages of the four districts of the RAP development are the most rural in Republic of Moldova. Thus, the share of rural population in the four districts is in average 78.5%. The Telenesti district is one of the most rural in the country (89%). The average salary in these four districts (1872 lei) is below the average of North DR and much lower than the country (80% of the region and 63% of the national average). Also, soil fertility rate of Soroca, Soldanesti and Floresti districts is approximately 72% (above the national average of 63%); in Telenesti district is 57%. Thus, with the repair of M2 road this situation could serve as an element of attraction for the location of national or foreign enterprises in sectors that are not technologically advanced.

11.2. Education and Training Institutions (kindergarten)

Focus group discussions conducted in the localities affected by the rehabilitation of the M2 road found that most of them have kindergartens even some of them have two (see the Table No. 11.1). There are no primary schools in three villages along the alignment (in Rubleninta, Racovat and Ciripcau village). Also, there are high schools in three villages (in Ocolina, Volovat and Zastinca). The technical state of some of them is in relatively good condition. Some schools and kindergartens are in good repair, in other places, such as Prodanesti even it is built a new building of the kindergarten. Some of the kindergartens, but also and some of the schools from this area, are facing water supply problems of centralized power system. In most locations in this area the providing aqueduct system of schools and kindergartens is about more than 50%.

11.3. Hospital, Health Clinic Centers

Health system institutions are present in the project localities. Medical Centre (are those with min. a doctor and a nurse) are in four localities (for details see Table No. 11.1), and Centers of Family Doctors (are under regulation those who have min. three doctors and three nurses) are in most localities, only three of them there are not (Ghindesti, Ciripcau and Racovat), but here there are medical centers. In Saratenii Vechi is a hospital that serves the people from nearby villages. However, when they need medical assistance, a good part of the surveyed said that they ask for medical help to the institutions of its kind in the district or even to Chisinau.

1 http://expert-grup.org/library_upld/d187.pdf, page 10.

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Table 11.1 Check List of Infrastructure and Social Services Institutions Along the M2 Road Rehabilitation Project

Name of village

Pri

mary

sch

oo

l

Sec/H

igh

S

ch

oo

l

He

alt

h

cli

nic

/cen

ter

Ho

sp

ital

Cen

tre o

f F

am

. D

octo

rs

Po

st

Off

ice

Ban

k

Ch

urc

h

Gro

cery

sto

res

Wate

r su

pp

ly No. of affected wells

Lib

rary

Cu

ltu

ral h

om

e

Kin

derg

art

en

His

tori

cal

mo

nu

men

ts

Public Private AH

Rublenita 0 1 0 0 1 1 1 1 12 in project (May-mid)

0 2

potentially 1 1 1 0

Zastinca 1 0 0 0 1 1 0 1 9 in project 0 0 1 0 1 0

Ocolina 2 0 1 0 1 2 1 2 7 in project 0 0 2 2 2 2

Volovita 1 0 0 0 1 1 1 1 6 Wells 0 0 1 0 2 1

Racovat 0 1 1 0 0 1 1 2 12 Wells 0 0 2 1 2 0

Ciripcau 0 1 1 0 0 1 0 1 5 Wells 0 0 1 1 1 1

Gura Cam. 1 2 0 0 1 1 2 3 8 Yes 5 0 2 1 1 2

Ghidesti 1 1 1 0 0 1 1 1 1 Yes 4 4 1 1 1 1

Prodanesti 1 1 0 0 1 1 1 4 7 Yes 7 2 2 1 2 1

Ordasei 1 1 0 0 1 1 0 1 4 Yes 1 0 1 1 1 1

Branzenii N. 1 2 0 0 2 1 2 4 12 7-8 2 0 2 1 1 1

Negureni 1 1 0 0 1 1 1 1 5 Wells 0 0 3 1 1 1

Tintareni 1 1 0 0 1 1 1 1 9 Wells 0 0 2 1 1 1

Codrul Nou 1 1 0 0 1 1 0 2 3 Wells 0 0 1 1 1

Saratenii V. 1 1 0 1 1 1 1 2 8 Wells 1 0 1 1 1 1

Source: Consultant Field Investigations

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11.4. Grocery Stores, Post Office, Banks

Infrastructure services for this population are quite in this area. All villages have shops where they sell food, non-food, industrial and building materials etc. Moreover, in 11 of the 14 affected villages, the number of stores is between 6-12 units, particularly in places with a relatively large number of inhabitants. In all localities affected by the project are present the post offices. Most of them also have Internet access. In 10 localities activates offices or branches of commercial banks from Moldova. In four localities there are no banking offices because they are pretty small town, or are located near the district center where people can easily move (Zastinca village to Soroca or Ciripcau village to Floresti).

11.5. The Water Supply

The water supply and sewerage is an important issue for most of the localities along M2 alignment. Most of the people with whom this has been discussed during the focus group consultations, mentioned water supply and sanitation as the most important necessity for their communities (9 of 14 cases or about 65%). Only 4 of 14 villages have centralized water supply system, which is 28% of localities affected by RAP Development. In three towns water supply system is only at the design stage and in the other seven towns water supply is from artesian wells or simple wells. However, water from the wells is not for drinking; particularly in the localities of the four districts affected by the project more than 80% the water is undrinkable. According to Ion Shalaru, Deputy Director of the National Center for Public Health, the most affected area by the polluted wells is i.e. north of the country, where in many villages and districts there is no aqueduct.2 People with whom the study group met with during the focus group discussions mentioned that water from wells has a negative impact on health. The water in most of them does not meet the requirements on hardness, fixed residues, fluorine content, etc. The analysis shows that the concentration of many substances in water exceeds acceptable limits and this leads to the appearance of hydric illnesses. For example, people from Prodanesti village said the water from polluted wells used in consumption can cause endemic goiter, dental caries, poisoning with nitrates, intestinal infections and other diseases. Some persons mentioned that the monthly expenses for medication are about 100-1500 MDL for the treatment of certain diseases caused by the poor water quality. Many of these wells are either within the village boundaries or SRA RoW. The valuation team identified only land parcels to be acquired, not clearance of the RoW.

11.6. Cultural Home, Churches, Library, Monuments

In more than half of the project affected villages there are houses of culture or cultural homes. But their work is more or less modest, particularly for the reason that a good part of the young population has gone to work abroad. In all villages affected by the project there are churches. In some villages are even 2 or 4 (Prodanesti village) in which together with the Orthodox confession is preached the Baptist, Jehovah etc. According to some surveys, the population of Moldova has the highest confidence in church, about 80%.3 Libraries are in all villages. Most of these libraries are located in schools or houses of culture. However, now libraries are less required in rural areas, particularly by pupils, once a big part of country localities have internet connection. Architectural monuments have not really been identified in the localities affected by the project (except a church in the village Ocolina, which dated from XIX century). The most part there are monuments and commemorative boards in memory of those who died during the Second World War.

2 http://www.allmoldova.com/ro/moldova-news/1249054497.html

3 http://www.ipp.md/libview.php?l=en&idc=156&id=558

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12. Environmental Protection and Management

12.1. Environmental Promotion

The RAP activities will not clash with the activities that are being developed under the Environment Social Management Plan (ESMP). It is the intention during the training of the Village Committees that a session on environmental promotion be part of the first training. It is also expected that if there are any environmental damages the Village and District Committees could report them to the MCA Resettlement Officer who will share this with the MCA ESA Director.

12.2. Environmental Management

The management of environmental activities is in the domain of the ESMP. The District and Village Resettlement Committees will however, support the activities of the ESMP including any potential environmental and resettlement screening of the future social works managed by MCA.

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13. Community Participation

13.1. Objectives of Community Involvement

Infrastructure development projects are designed and implemented for the public good. It is frequently unavoidable that the implementation will have immediate adverse impacts on certain members of the community. Such adverse impacts put respective households or individual at risks. Whenever such negative impacts are foreseen, a resettlement is prepared to address and mitigate against such negative impacts.

The World Bank OP 4.12 stipulates that any displaced persons and their communities including any host communities should be provided with timely and relevant information, consulted on resettlement options. The communities and project affected persons should be also offered opportunities to participate in planning, implementing and monitoring resettlement. The primary objectives to involve communities and to consult with the PAPs are to:

• Develop constructive public opinion that will lead to the execution of a fair and participatory project;

• Promote an environment for the participation and decision making of the communities in solving their own problems;

• Encourage a participatory process of all entities involved in the project’s development ; • Develop a community participation and consultation plan for its future implementation of

a final Resettlement Plan for the M2 road project including the Trumpet. • Encourage the PAPs to be open-minded to share insight information about the land

tenure, to make known their concerns and claims and to be transparently informed about the project and grievance process for their own rights and for lodging complaints.

During the fieldwork, a number of community meetings, discussions, consultations, interviews were conducted within the footprint of the project with households and commercial entities that are likely to be affected by the project, with the local administration, community leaders, cadastral technicians, teachers, communal staff, medical staff, social workers, police officers. House-to-house interviews/consultations with individual PAPs were conducted, including farmers and commercial entities. Individual interviews/consultations on phone with PAPs were also intensively applied.

13.2. Stakeholders

During the public consultations and disclosure of information, various groups of stakeholders were consulted. The stakeholders were those who have an interest in the project development, and who will be involved in the further consultative process. The main groups of stakeholders are: Project Affected Persons (PAP)

Within the project footprint, the project will have a direct impact on 74 households. There are several cases where the land title has not been transferred from the deceased land owners name to either the son or daughter. Mayoralty representatives

Mayoralty representatives are directly linked to the project, as they influence the project outcome to a large extent. Mainly, the local mayoralties were represented by the local secretaries, cadastral technicians and by Deputy Mayors with whom the Consultants worked collaboratively and smoothly during the field work.

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Community People and Road Users

Community people represent the general audience interested in the Road Rehabilitation Project. They have limited influence over the project outcome. Nevertheless, they are project opinion-makers. The general audience was represented by mixed groups of males and females, medium and highly educated, of working age. Government Agencies and Other Organization

During the consultative process, beside the local administrative, other social organizations were also invited to attend the communication meetings. They are social workers, local teachers, local medical staff, and local police representatives.

13.3. Findings of Field Work

Focus Group Discussion

The focus group discussion (FGD) was conducted in order to create a transparent channel of communication with the community, to provide information to the community about the project and to explore the community concerns about their community problems, about roads issues.

Table 13.1 Schedule of Focus Group Discussion

Date Location Host Institution

Thu 5 May (a.m.) Ocolina Mayoralty (meeting hall)

Thu 5 May (p.m.) Volovita Local School (methodological room)

Fri 6 May (a.m.) Racovat Local School (classroom)

Fri 6 May (p.m.) Ciripcau Mayoralty (meeting hall)

Tue 10 May (a.m.) Gura Camencii Local School (meeting hall)

Tue 10 May (p.m.) Ghindesti Local School (meeting hall)

Wed 11 May (a.m.) Prodanesti Local School (meeting hall)

Wed 11 May (p.m.) Ordasei Local School (methodological room)

Thu 12 May (a.m.) Branzenii Noi Local School (classroom)

Thu 12 May (p.m.) Negureni Local School (meeting hall)

Thu 12 May (a.m.) Tintareni Local School (classroom)

Fri 13 May (p.m.) Codrul Nou Mayoralty (Mayor’s office)

Fri 13 May (a.m.) Trumpet - Saratenii Vechi Local School (meeting hall) Source: The Consultant

The FGD was conducted in 5 full days covering 13 localities in three rayons of Soroca, Floresti and Telenesti, where the project has an impact. The Consultants conducted an in-depth discussion with 222 local people where185 women and 37 men participated.

Table 13.2 Participants of Focus Group Discussion

No. Village District Focus Groups Total

Participants Male Female

1. Ocolina Soroca 8 2 10

2. Volovita Soroca 3 15 18

3. Racovat Soroca 3 28 31

4. Ciripcau Floresti 4 9 13

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No. Village District Focus Groups Total

Participants Male Female

5. Gura Camencii Floresti 1 16 17

6. Ghindesti Floresti 2 18 20

7. Prodanesti Floresti 4 9 13

8. Ordașei Telenesti 3 10 13

9. Brinzeni Noi Telenesti 0 11 11

10. Negureni Telenesti 4 22 26

11. Tintareni Telenesti 2 15 17

12. Codrul Nou Telenesti 2 15 17

13. Trumpet - Saratenii Vechi Telenesti 1 15 16

Total 37 185 222 Source: The Consultant

Different community problems were addressed during the FGD in which the local participants expressed repeatedly their main concerns as follows:

1. Lack of piped water supply, water sources and poor water quality; 2. Bad road conditions and unpaved village roads. 3. Road safety issues; 4. Lack of jobs and income generating activities.

Concerning the topic of road safety, the Consultants further explored with the focus groups and found out that the accidents usually happen at the localities where more people reside and there is more movement of people; for instance near the entrance to the village, near the schools, in front of the Mayor’s office building, near the local markets and shops, near the gas stations. It was confirmed that most of the accidents were usually caused by over-speeding, careless driving and drunk-driving, inadequate speed considering visual range/road conidtions/traffic, not giving right of way to other vehicle, pedestrians crossing through unassigned places and/or without proper zebra crossings.

The Consultants also identified the most concerned issues by the local people regarding the road problems such as very poor road conditions, lack of sidewalk, narrow local roads, lack of drainage systems and so on. Local people complained mostly about the unpaved village roads that lead to the main road M2 and this is pretty much problematic for the movement of the villagers during severe winter’s time especially schoold kids and elderly people. It was proposed that pavement rehabilitation of the village roads should be taken into account in the project.

All the participants confirmed that they were informed about the on-going M2 Road Rehabilitation Project. The project received high degree of acceptability in that rehabilitation of the road will boost local economy due to increased usage of the road hence more exposure and increased benefits as more people would be passing through the road and in a way increase trading opportunities. Census Survey

On the other side, the Census Questionnaire had the scope to provide the consultants as much relevant information as possible about the PAPs socio-economic condition, existence of any legal documents to prove the ownership, and the compensation expectations of likely PAPs.

The map below visualizes the localities of the PAPs and the affected land corresponding to the PAPs. The closer to Chisinau, the more PAPs and the more land is affected.

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Figure 13.1 Localities PAPs and Affected Land

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The Census Survey was conducted in 9 localities where the PAPs were identified. The Consultants were hosted by the Mayor’s office. The Census Survey were assisted by the cadastral engineers/technicians, Mayoralty secretary, tax collector and Mayoralty Guardian.

Table 13.3 Schedule of Census Survey for PAPs with Land Acquisition

Date Location Host Institution # PAPs

interviewed

Mon 16 May Zastinca Mayor’s office, Cadastral engineer. 5

Mon 16 May Racovat Mayor’s office, Cadastral engineer. 1

Tue 17 May Ciripcau Mayor’s office, Cadastral engineer. 2

Tue 17 May Gura Camencii Mayor’s office, Cadastral engineer. 5

Wed 18 May Ghindesti Mayor’s office, Tax collector. 4

Wed 18 May Rogojeni Mayor’s office, Cadastral engineer. 2

Wed 18 May Ordasei Mayor’s office, Mayoralty secretary. 3

Thu 19 May Brinzenii Noi Mayor’s office, Mayoralty guardian. 3

Thu 19 May Trumpet -Saratenii Vechi Mayor’s office, Cadastral engineer. 7

Fri 20 May Trumpet - Saratenii Vechi (cont’)

Mayor’s office, Cadastral engineer. 16

Thur 16 June Domulgeni Mayor’s office, Cadastral engineer. 1

Thur 16 June Pohoarna Mayor’s office, Cadastral engineer. 1

Thur 16 June Gura Camencii Mayor’s office, Cadastral engineer. 1

Fri 17 June Volovita Mayor’s office, Cadastral engineer 1

Fri 17 June Racovat Mayor’s office, Cadastral engineer 1

Fri 17 June Rogojeni Mayor’s office, Cadastral engineer 1

Mon 20 June Trumpet, Saratenii Vechi Mayor’s office, Cadastral engineer 4

Mon 20 June Prodanesti Mayor’s office, Cadastral engineer. 2

Wed 22 June Ghindesti Mayor’s office, Cadastral engineer. 1

Total 65

Source: The Consultant

The Consultants conducted interviews with 65 PAPs whose land are affected by the project. Not only house-to-house interviews but also constant consultations on phone were conducted. Issues related to land title was verified with each individual PAPs. The cases that should be paid close attention in the resettlement are as follows:

• 2 cases of commercial entities. One company wanted to see the detailed design of the M2 Road Rehabilitation Project for their better understanding on how their land is affected.

• 14 cases of deceased PAPs in which 10 PAPs have legal heir from the deceased ones and one sold his land to the other person with legal ownership title.

• 11 cases of absentees.

This is a much lower rate that the team expected. In the case of the absentee PAPs who are currently working abroad or not residing in the localities, the Consultants had interviews with their relatives and/or siblings. In cases where the power of attorney is not available, the PAPs shall be consulted to proceed to the obtainment of the power of attorney for later proceeding of resettlement. A sample can be found in Appendix J.

13.4. Absentee Project Affected Persons

Figure 13.2 presents the process that is the best way to contact absentee PAPS. Appendix J provides a sample Power of Attorney that is similar to the drafting of the Preliminary Agreement. Table 13.4 provides the list of PAP absentees by location and where they are currently living.

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Figure 13.2 PAP Absentee Diagram

Source: The Consultant

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Table 13.4 PAP Absentee List by Location

No. Location Migration Country

1 Trumpet: Saratenii Vechi Italy

2 Trumpet: Saratenii Vechi Russia

3 Trumpet: Saratenii Vechi Italy

4 Trumpet: Saratenii Vechi Italy

5 Trumpet: Saratenii Vechi Italy

6 Trumpet: Saratenii Vechi Portugal

7 Brinzenii Noi Russia

8 Ciripcau Russia

9 Racovat Greece

10 Ghindesti Russia

11 Ocolina unknown

Source: Consultant

13.5. Vulnerability

Vulnerable groups are people by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. During the Census Survey, the Consultants identified 17 cases of vulnerable PAPs based on a 10% land acquisition. In subsequent discussions with MCC and MCA the vulnerable figure is 20% which has changed the picture of vulnerability.

13.6. Type of Compensation

The survey revealed the following data on the compensation. 85% of PAPs expressed their expectation to recieve money as compensation. 7% of PAPs do not know what type of compensation they would like; this category includes the vulnerable elderly women and men, and the relatives of the PAP absenttees. 5% of PAPs would like to receive land as compensation or 6/93. 1.5% of PAPs would like to get gold and 1.5% would like to donate the land to the project with the condition that the project construct roads at European standards and road maintenance should be in place.

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Figure 13.3 Expected Compensation

PAPs asking land for land compensation (with identified locations):

• Cadastral No. of the plot 89503100146, AMG-AGRO MANAGEMENT GRUP S.R.L. requested for the public land, at the west, near their affected plot;

• Cadastral No. of the plot 45302060044, Popa Galina Mihailovna requested for the public land near her yard;

• Cadastral No. of the plot 78661080258, Crestian Mihai Nicolae requested for the public land, at the South, near his affected plot.

The other PAPs (cadastral no. of the plots: 45272110050, 78661070002, 45272130053) just asked for land near their affected land plots. The land for land option has been presented to PAPs and some of the PAPS appear to know the procedure very well.

Table 13.5 List of PAPs Asking Land for Land Compensation

No. Location Land use Total area, ha

Affected area, ha

% affected

1 Trumpet: Saratenii Vechi garden 2 0,3932 19,66 2 Ghindesti* construction 0,01 0,01 100 3 Ghindesti agricultural 3,428 0,0031 0,09 4 Gura Camencii agricultural 1,2184 0,085 6,98 5 Zastinca agricultural 0,4043 0,2642 65,35 6 Zastinca agricultural 0,7796 0,0203 2,6

* New PAP, request identified under Census Questionnaire

Source: Field Investigation and PAP Requests under Preliminary Agreement

13.7. Preliminary Agreements

Preliminary agreements were part of the Planning Phase. Trained field teams carried out these consultations. A Preliminary Agreement can be found in Appendix I. Each PAP received a folder containing a brochure, Geometric Plans of their plot, an asset inventory list by land/crops and a Preliminary Agreement for signature. These samples can be found in Appendices J-L. All signed preliminary agreements are submitted with this Final RAP under separate cover including the Documentation Report. The coverage was impeded by several changes to the design and an additional set of preliminary agreements are scheduled to be signed during the implementation

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stage. The extra plots due to 95% changes required the continuation of the DMS. Overall, there was very good success and a better understanding of the size of parcels required for road construction works by the PAPS. Phase I means the number of PAPs identified and dealt with before the 95% design changes. Phase II takes into account PAPs identified as affected – both permanently and temporarily – after the 95% design changes and provided by the Design Consultant by 17 June. Valuations were done and census on these new PAPs completed by June 24. PAPs refusing to sign Preliminary Agreements have been informed that they are paid normative price for land, which is much higher than market price.

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14. Integration with Host Population Due to the fact that M2 Road Rehabilitation Project has impact mainly on the agricultural land and gardens of PAPs and hence there is no requirement of plan of integration with host population.

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15. Grievance Procedures

15.1. Establishment of the Grievance Committees

During the first two months of implementation the two Grievance Committees with be established as a two tier mechanism. There are seven (7) village committees as illustrated in Table 15.1. These villages are near each other and combined have a reasonable number of PAPs. Based on experience a small well trained committee is most effective. The Village Committees will be established with the technical assistance of the Implementation Consultant.

Table 15.1 Village Committees

No. Village District

I Zastinca Soroca

Ocolina Soroca

II Volovita Soroca

Racovat Soroca

III Ciripcau Floresti

Gura Camencii Floresti

IV Ghindesti Floresti

Prodanesti Floresti

V Pohoarna Soldanesti

Rogojeni Soldanesti

VI Ordasei Telenesti

Branzenii Noi Telenesti

VII Trumpet Saratenii Vechi Telenesti Source: Consultant

The Village Resettlement Committee (VRC) will be composed of the following members: • Representative from the Mayor’s office. This maybe the cadastral engineer. In one

village, the Cadastral Engineer was especially active, helpful and was asked whether she would be interested in being on a committee and she was very interested. These local lands experts would bring a wealth of experience to the committee.

• A Project Affected Person. This PAP will be selected by other PAPs during an awareness session in the first month of implementation.

• A teacher.

The District Committee (CC) will be composed of the following members: • Construction Development Department • District Centre of Health • NGO or someone from the Education Sector

It will meet less frequently than the village committees.

15.2. Training

In some countries there are standing grievance committees that work on infrastructure – roads, ports, railways; however, in Moldova there is limited experience with OP 4.12. For this reason as the budget details each of these committees with two batches of training. The first training will provide case studies on potential grievance issues faced by PAPs and explain the terms of reference and duties for each of the committees. The TORs will be prepared by the Implementation Team and they will also train each village committee in its locality. Another training will be carried out during the first six months. It is hoped that there will mentors who can

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explain these committees to other MCA and IFI funded road projects. The main area of training is on the parameters governing acceptable compensation and introducing members to the principles of OP 4.12. In addition, the Committees will be briefed on the Relocation of Wells and Shrines as not all villages are impacted but they will become an important community voice in where the shrine is relocated and what are options for closed contaminated shallow wells. Figure 15.1 shows the grievance process that has been presented to PAPs and which has to be explained to the committees through interactive training.

Figure 15.1 Grievance Mechanism

15.3. Timing

The maximum time for the grievance committee is 30 days. The village committee will receive a written submission from a PAP and they must convene and answer the query within 14 days. If the query is not answered to the PAP’s satisfaction they can proceed to the next level – District Committee – and this committee must give a written response within 14 days.

Assistance from Mayor’s Office

if needed

Resolve directly with

Village LAC (14 days)

References: • Resettlement Plan • Project Flyer

Problem Resolved to PAP

Satisfaction?

Compensation YES

YES

Prepare a court hearing at PAP’s own cost under

applicable laws

Grievance resolved by Courts

References: • Applicable

Moldovan Legislation

NO

NO

PAP has a grievance

Prepare complaint document using

pro-forma

Compensation

Compensation

Problem Resolved to PAP

Satisfaction?

Resolve with

Rayonal LAC (14 days)

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16. Organizational Responsibilities

16.1. Roles and Responsibilities

The specific roles and responsibilities of key agencies are: • MCA Moldova will provide oversight of all RAP activities including implementation and

monitoring. • ARFC deals with the tasks under land acquisition and assignment. • State Road Administration is the Implementing Entity for the Road Project and will also

act as a Buyer of lands in the name of state authorities. • 1-2 NGOs maybe utilized and the recommended NGOs with expertise in land issues

may be reviewed.

16.2. Synergy with Village Committees

The Village Committees will be informed about the Social Impact Monitoring Committee (SIMC) named under the ESMP. There will be an effort to synergize these committees and share information with MCA.

16.3. Monitor

The contracted Monitor (who is independent and outside of the Implementation Consultant) will provide the information on:

• Prompt payment of compensation to all PAPs • Land for land arrangements • Check on vulnerability and any changes in poverty of the PAPs • Verify relocation of wells and shrines • Review the sole relocation case.

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17. Implementation Schedule

17.1. Planning Phase

The Study Team submitted the Final Resettlement Action Plan (RAP) by 30 June. The main difficulties encountered during the Planning Phase relate to substantial extra work in valuation and survey teams going out to the field for additional design adjustments and frequent meetings with the design team. Many of these changes came after the 95% Design Workshop and involved adding new surveys to ensure the final lists found in Appendices B and C were valid as of June 23. It is possible and actually expected that there are going to be additional affected persons as more design changes are coming over the next few months. MCA is aware and will advise on how additional cases will be incorporated into the RAP process. Another problem during the Planning Phase both from a time consuming activity for valuation and to explain to PAPs in the field are graphical errors.

The Planning Phase also carried out the signing of Preliminary Agreements including geometric plans for private plots. In some cases because of additional design work two teams had to add new census cases while another team was involved in briefing a household for the second on the folder contents of the Preliminary Agreements. A report on the first Phase of Preliminary Agreements is submitted under separate cover together with the majority of households signing agreements. There were a few cases of households not signing as they wanted to reflect.

17.2. Implementation Phase

The Implementation Phase starts with contracting a team, establishment of the village and committees through the support of technical assistance and prioritizes the payment of cash compensation and/or land for land in the fourth quarter of 2011. The major changes in the Implementation Schedule from Draft to Final have been the inclusion of an updated process of relocation of wells and shrines outside of the affected land parcels based on a Wells field trip held jointly by the Consultant and MCA and the inclusion of land assignment and technical prerequisite works as suggested by MCA. Figure 17.1 provides the details of the Implementation Schedule.

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Figure 17.1 Implementation Schedule

Source: The Consultant

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18. Costs and Budget

18.1. Compensation Costs

The total project budget is 4,361,324 Moldovan Lei and equivalent USD 374,042. Compensation is 786,324 Lei.

18.2. Borrow Pits, Quarries, Railroad, Connection Roads

All of these have been examined by the Design Consultant and Valuer. The project has 8 temporary cases based on railroad and connection roads. There are no private plots affected by borrow pits and quarries according to the Design Consultant.

18.3. Compensation for Loss of Assets and Incomes (Including Trumpet)

This sub category of the budget covers land, structure, crops and trees. Many of the compensation formulas and details have been provided in Chapter 7. The total costs for this category for land, crops and trees are provided in Appendix A. Valuation reports for the buildings and for plots categorized as construction can be found in Appendices C and D. The majority of plots to be acquired are agricultural plots. These 112 plots have had a Detailed Measurement Survey (DMS) completed and individual asset inventories are submitted under separate cover. In many cases preliminary agreements have been signed. There is a new category of construction land based on design adjustments. Commercial land remains small under this RAP and has been valued accordingly. There are three new categories under this budget based on new temporary plots for connection roads, railway which have been evaluated and submitted under separate cover. There are nine renters who have been consulted and their potential loss has been addressed through case by case in the total. Appendix F provides the details on renters. The tire shop is expected to have a small loss of income and this has been accounted for. The restaurant structure is included in Appendix A as the only structure. It is controversial as the items found in the structure are not actually within the plot boundaries of the PAP. A separate valuation report as required by MCA is found in Appendix C. The calculations for trees, bushes and crops are provided in the Entitlement Matrix in Table 7.4. The orchard case (Refer to Appendix C) has been reviewed with MCC and MCA and a revised calculation formula reflected in the Entitlement Matrix has been rerun. The major shift in tree calculation from the Draft RAP was the deletion of actually SRA walnut trees under private plots due to obvious graphical error. Formulas for the crop categories were gathered from market sources, agricultural data.

18.4. Water and Shrine Relocation Activities

As Figure 10.1 indicated the RAP Implementation is to include activities that will contribute to cleaning the impact corridor prior to construction of wells and shrines. Each of these activities has been allocated technical assistance and community development budget. Eight impacted wells have been allocated community development funding.

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18.5. Training Costs and Land Associated Costs

Training has been reduced from the Draft RAP as the number of village committees has dropped by over 50% based on the number of PAPs in each village. Public Awareness material has been included. Training

Village Land Acquisition Committee (VLAC)

PAPs can have grievances regarding any aspect of project planning and/or implementation. To provide aggrieved PAPs with a focus for their grievances the project will establish a Village Land Acquisition Committee (VLAC). This committee will comprise a representative of the Mayor’s office, one village member and an educated village person, for example the village head teacher. As the focus of the initial expression of grievance the principal responsibility of this newly formed institution will be to investigate the possible cause(s) of the grievance and to settle the grievance. If the problem cannot be settled it is referred up to a district level committee. Whether the grievance is resolved locally or forwarded to district a community complaints-management register (CCMR) will be maintained of all grievances related to social issues.

Training will be provided for 7 village committees in problem solving and conflict resolution and include gender training.

District level training on grievances A similar committee will be established at district (raion) level but comprising more senior and educated and experienced memberships. They will require training in similar skills to those of the Village Committee.

Land title support has been budgeted as many of the PAPs have not officially registered their title from their deceased parent. A unit cost has been allocated. As well, once the land is acquired there is extra expense for a PAP to update their plot and records with the Cadaster Agency and this is built in. There is little interest in PAPs going through the expensive registration process under the RAP for the very little parcels and compensation and this measure would at least not further disadvantage PAPs.

The largest increase in budget has been the Land Assignment for Public Plots and Private Plots together with Prerequisite to Technical Works. The land assignment is more expensive unit cost for public plots at an estimated cost of 1000 euros and for private plots an estimated cost of 750 euros. This includes: notary expenses as an example. The Prerequisite to Technical Works includes: costs associated with field work for various government agencies.

A summary of these sorts of land assignment costs for the private acquisition process is as follows:

These costs are illustrated by the folders that have to be made for each plot as per the example of private process:

Private land acquisition process:

1. Ownership right over initial land.

The first step to a transaction is the transfer of ownership rights from the deceased PAPs to the heirs / legal successors. This procedure involves obtaining information from the Cadastral Office

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for property confirmation on the deceased PAP, the transaction at the notary and later the transfer of ownership right on the successor, within the Cadastral Office. 2. Initial parcels Formation.

Initial parcels have to be divided into two plots: the plot directly affected by the Road Rehabilitation Project and the remaining land. This procedure is performed in accordance with the Law of real estate formation Nr.354 dated October 28th, 2004. The modality of land formation will be separation (Article 10):

(1) Separation is a way of obtaining an independent plot by detaching it from an initial registered parcel.

(2) The registration of property rights over the new formed plots is based on PAPs decision of splitting its private property.

(3) Separation can be formed both in cases of private and common properties. In the latter case, after separation, the plot will remain in joint ownership made, observing the same share of ownership.

(4) If the initial parcel has encumbrances (lease, mortgage, etc.), the encumbrances will be kept and applied on the new formed plots.

3. The PAP submits the Formation Project at Cadastral Office for right registration, after which the PAP will hold two plots: the plot directly affected and the remaining land. Simultaneously, the PAP orders at the Cadastral Office the release of information confirming the property right of plot directly affected. 4. The transaction of sale/purchase at the notary. 5. The Buyer (state representative) submits the sale/purchase contract at Cadastral Office for registration of ownership of the plot directly affected on the name of Republic of Moldova.

18.6. Monitoring and Evaluation

Costing of Monitor – National Consultant for 8 person months is based on monthly monitoring reports over two years.

18.7. Contingency

Contingency has been set at 25%. This is based on new plots being identified during the preparation of this RAP. The design and some additions such as truck lay-bys, a canal, a new intersection and a new bridge indicate that additional plots and project affected persons may yet be added to the list, however, new cases are still pending as design and safety issues had not been concluded.

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Table 18.1 Resettlement Cost Budget

Description Structure Affected Unit Rate Number of

units Amount, Lei

Compensation for the loss of assets and incomes (including Trumpet)

Land

Agricultural land 3,8 ha Normative 112 320700

Construction land 0,0124 ha Normative 2 1442

Commercial land 0,29 ha Normative 2 22700

Other Compensation

Temporary 0,19 ha Various 8 2130

Renters 9 30000

Loss of income tire shop 1 person 1500

Lei/month 3 months 4500

Structures

Permanent Bar 10 m² 800 Lei/m² 1 8000

Semi-permanent Barn, Kiosk 47,5 m² 181,05 Lei/m² 2 8600

Temporary Wagon 27,9 m² 394,27 Lei/m² 1 11000

Trees, bushes/perennial crops

Trees, orchard 0,37 ha Various 361 341500

Perennial crops 0,2 ha Various 10700

Annual crops 2,23 ha Various 25052

Subtotal 786324

Water and Shrine Relocation Activities

Community Development Activities on Wells monthly 8 120000

Community Development Activities on Shrines monthly 4 60000

Subtotal 180000

Training

Land Acquisition Village Committee Training 7 21 15000

District Level Training on Grievances 4 12 10000

Land Title Support 50 125000

Land Assignment for Public Plots 20 330000

Land Assignment for Private Plots 114 1400000

Prerequisite to Technical Works 134 550000

Public Awareness Material 30000

Subtotal 2460000

Monitoring

Monitor 320000

Subtotal 320000

Contingency = Subtotal * 25% 615000

Moldovan Lei

Grand Total 4 361 324 MDL

Exchange rate

1USD= 11,66 Moldovan Lei at 28/06/2011 $374 042

* Project Implementation Consultancy Services are not included.

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19 Monitoring and Evaluation

19.1. Monitoring

An independent third party monitor with several years of IFI experience and knowledge of road infrastructure and resettlement has been suggested. Quarterly monitoring in the post implementation stage has been included in Figure 17-1 as per standard IFI procedures. It is suggested that the national monitor be contracted by October 2011. A total of eight person months have been allocated to the monitor based on a monthly monitoring report. Each month of the implementation stage has been allocated one person month for field work, stakeholder meetings and report preparation. Terms of Reference for the Monitor are found in Appendix P. Figure 19.1 illustrates the three sub tasks that the monitor will focus on. The monitor’s main focus in the first six months to ensure that all compensation has been paid as per the agreed valuation and that all land for land has been finalized. In addition, the monitor will review the grievance procedures and pay close attention to the database of 17 vulnerable PAPs identified during the Social Survey.

19.2. Evaluation

The Resettlement Policy Framework (RPF) provides details on evaluation. Based on the size and complexity of the number of PAPs and lack of high relocation it may not be warranted for a detailed evaluation and that will be determined with MCC and MCA during the end of construction.

Figure 19.1 Monitoring of M2