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Kyrgyz Republic Community Development and Investment Agency (ARIS)

Second Village Investment Project

Resettlement Action Plan

Bridge “Tash-Shoro” across Itagar River Aksy Raion, Jalalabad Oblast

Resettlement Action Plan

(RAP)

Safeguards consultant E. Kutmanova Certificate ПР-8.1 No. 015872 valid through October 24, 2016 Tel.: + 996 (709) 57 39 30 e-mail: ekutmanova@mail.ru

Bishkek May 2014

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Contents

Terms and definitions ........................................................................................................................ 3 1. Background .................................................................................................................................... 4 2. Microproject review ...................................................................................................................... 6 3. Key regulations, principles and approaches .................................................................................. 6 4. Project impact ................................................................................................................................ 7

4.1. Inquiry/asset inventory .......................................................................................................... 7 4.2. Eligibility for compensation ................................................................................................. 8

4.3. Compensation evaluation………….………………………………………………..9 4.3.1. Compensation for the building ......................................................................................... 9 4.3.2. RAP budget…………………………………………………………………………... 10 5. Mechanisms and procedures to ensure compliance with OP 4.12……………………………...10

5.1. Grievance redress mechanism ............................................................................................. 10 5.2. Consultation and public awareness ...................................................................................... 11 5.3. Monitoring and evaluation ................................................................................................... 12

6. Managerial functions ................................................................................................................... 15 7. Annexes ....................................................................................................................................... 16

Annex 1. Location of the project affected building .................................................................... 17

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Terms and definitions

RAP Resettlement Action Plan is a resettlement document establishing specific and legal requirements to be followed under resettlement of and providing compensation to a project affected person prior to proceeding to project activities causing the affect.

PAP Project Affected Person is a person who has to involuntarily transfer his/her land or other assets to a project.

WB World Bank LAPF Land Acquisition Policy Framework is a document specifying

resettlement objectives and principles, institutional arrangements, and financing mechanisms. RAP is developed in compliance with LAPF provisions.

HH VIP LSGBs

Household Village Investment Project Local self-government bodies

Loss compensation Activities including compensation, replacement of losses, providing support and recovery of income of the resettled project affected persons, depending on the type of losses, to recover their social and economic status.

Resettlement Physical resettlement of PAP from the place of residence or business prior to commencement of project activities.

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1. Background “Bridge Tash-Shoro across the Itagar River in Aksy Raion, Jalalabad Oblast” being rehabilitated under Phase II of the Village Investment Project is one of the microprojects implemented by ARIS so as to alleviate rural poverty, improve governance, build capacity at local level, and provide investment support in rehabilitation of rural infrastructure.

The microproject aims to improve infrastructure in Itagar Village. The facility was set as a priority by the local community of Avletim AO, Aksy Raion, Jalalabad Oblast. Rehabilitation of the bridge constructed in 2004 is being carried out due to its emergency condition: partial lack of piers, superstructure; cracks and fractures in aisle walls and, as a result, distortion of supporting structures.

Picture 1-3. Technical condition of bridge Tash-Shoro before rehabilitation

Due to a long contact with water, the superstructure suffers corrosion. The hand rails, as well as the bridge floor have been partially destroyed.

The left side approach to the bridge is made of gravel ground, while the right side approach is missing. The river bed at the entrance of the bridge is regulated with strengthened gabions, while river bed of the bridge output is not regulated.

The starting point of the one line bridge approach goes along a boundary of a local school (see plan in Annex 1)

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Picture 4. Existing bridge approach

The end of the approach goes southward from the Itagar River at the crossing with the existing local road.

Picture 5. Approach crossing with the existing road

Rehabilitation of the bridge and its 207 m approach will allow to use the facility without any emergency risks.

On the route of the approach, a livestock shed has been informally constructed by a villager from Itagar without any land title.

Picture 6-8. Livestock shed constructed without any permission

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Upon reinstatement of the approach to the bridge Tash-Shoro, the shed will be demolished. This MP impact on social sector requires establishment and fulfillment of social safety measures compliant with WB OP 4.12 “Involuntary resettlement”. In this regard, a RAP needs to be developed in compliance with the requirements of the Land Acquisition Policy Framework (LAPF) under VIP-2, as well as mitigation measures under resettlement..

2. Project review The microproject includes the following facilities: 1. Reinforced concrete single span beam bridge with a normal crossing with the stream flow, consisting of five prefabricated T-beams L=15 m with installation of:

- cast-in-situ r/c cantilever arms being a continuation of the slab of the roadway; - r/c slabs to fence the roadway from the edge of the superstructure slab; - sidewalk with handrails constructed from sections, h=110 cm; - rubber-metal prefabricated carriage for installation of beams; - r/c plate piers; - armed wing walls to prevent spillage of soil to the roadway with strengthening the embankment

to prevent dynamic impact of vehicles at the entrance (exit) of the bridge; - water disposal with water settling area to clear surface run-off; - cobbling to strengthen river bed.

2. Bridge approaches with continuation of the single line roadway 4.5 m wide. The length of the route is 207 m. Side lane L=75 m is adjacent to the route. Surfacing of road and sidewalks is made of sandy gravel 15 cm thick.

3. Signal posts are planned to be installed along the bridge approach roads (39 items) and the main roadway (12 items) at the adjacent point. The signs will be installed on berms. 3. Key regulations, principles and approaches Though the Kyrgyz Republic has a number of regulatory documents, there are no directly applicable laws ensuring procedures of involuntary resettlement1of residents upon withdrawal of land for state and public needs associated with installation/construction of facilities. Requirements for withdrawal of land and property of residents and legal entities for state and public needs are established in the Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Town Planning Code of the Kyrgyz Republic, Housing Code of the Kyrgyz Republic, Land Code of the Kyrgyz Republic. KR legislation envisages a limited list of cases resulting in involuntary withdrawal of property of residents/business units.

1 In KR legislation, term “involuntary resettlement” has a different meaning. The term is applied in case of change

of place of residence as a result of threats or violation or the threat of the actions. Therefore, throughout the KR, it is recommended to use term “resettlement” other than “involuntary resettlement”. Furthermore, it is necessary to take into consideration that term “resettlement” is missing in legislation of KR, given in certain normative-technical acts, such as SanPiN etc.

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The general approach of the national legislation and WB OP 4.12 “Involuntary resettlement” lays in the fact that withdrawal of land or property of individuals/legal entities is possible subject to prior and equal compensation (including compensation for land or financial compensation). If parties don’t reach agreement, resettlement issues are resolved judicially. Requirements of KR legislation with consideration of WB OP 4.12 “Involuntary resettlement” are followed so as to:

1. Ensure measures to minimize involuntary resettlement. 2. Provide compensation for property loss in compliance with the costs of property

compensation. 3. Ensure timely awareness of PAP with explanation of options of compensation. In practice, if

residents benefit from a land plot, it is most appropriately to provide a land plot equal in quality and size (as minimum). Compensation for agricultural crops shall also be provided.

4. According to the acting legislation, the residents having a land title are eligible for compensation. Those occupying the land informally are not eligible for compensation of the costs occurred in the period of informal use of the land.

Upon comparison of requirements of WB OP 4.12 “Involuntary resettlement” with requirements of KR legislation it stands to mention the consistency and subsequence of OP 4.12 that provides bigger opportunities for PAP awareness, involvement in development and implementation of RAP, recovery and adaptation after resettlement and more benefits for the resettled residents. Land withdrawal procedures established in KR legislation are mostly compliant with those set in WB OP 4.12 “Involuntary resettlement”. However regulatory document of KR don’t envisage support to PAPs who don’t have a land title of property ownership. In case of divergence between KR legislation and WB OP 4.12 “Involuntary resettlement”, WB principles and procedures shall be applied. Prevalence of WB regulations over KR ones is the main requirement for the projects financed by the World Bank.

Furthermore, the following items shall be followed:

1. WB procedures associated with OP 4.12 “Involuntary resettlement” 2. ОР 4.12 “Eligibility for compensation and support in resettlement” 3. Annex А to ОР 4.12 “Tools of arrangement of involuntary resettlement”, specifying the

elements of RAP 4. VIP-2 LAPF and this RAP

As for this specific case, withdrawal of the land plot used by the PAP is carried out without land compensation, which complies with both, regulations of KR Land legislation and WB OP 4.12 “Involuntary resettlement” According to VIP-2 LAPF, the PAP shall get compensation only for “Cost of labor and materials to recover the building”2.

4. Impact evaluation 4.1 PAP inquiry/assets inventory To identify PAPs, potential project impact and resettlement tools, ARIS project representatives conducted screening and scaling of the microproject in the presence of representatives of LSG, Avletim AO and PAP on April 2014. The data included:

2 page 10, VIP-2 LAPF

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a) data of inquiry of PAP with inventory of land, assets and land title (Annex 4); b) PAP’s social and economic status (Annex 4).

Assets inventory along the route of construction of the MP was carried out. The survey showed the following results: 1. ~ 35-40m from the right side of the bridge, there is a livestock shed owned the PAP on the route of construction. 2. The shed is subject to demolition as there is no other option of routing the construction area. Moreover, the building was constructed informally i.e. without permission to use the plot (Annex 1).

Picture 9. Project affected shed

In social and economic inquiry, the PAP was informed on the date of commencement and completion of the survey. In conjunction with the person, project representatives identified the status of the affected asset, identified and confirmed (by PAP) unauthorized use of the land plot and agreed on non-compensatory withdrawal of the land plot for construction of the approach. PAP was informed on his eligibility for financial compensation for labor and materials to recover the building. In inventory, process participants signed the Act for demolition of the building and further use of the plot for public needs (Annex 2).

4.2 Eligibility for compensation According to the WB involuntary resettlement policy OP 4.12, the following individuals are entitled to compensation3:

a) those having a l e ga l land t i t l e recognized under Kyrgyz Republic Law; b) those not having a legal land title upon project commencement but having s u b m i t t e d a

claimed for t h e land or assets provided that such claims are recognized under the laws of Kyrgyz Republic or become recognized through a process identified in the RAP; those are persons involved in informal small business, unauthorized land users, persons having farm household for business or personal needs etc.

Those covered under a) and b) above are to be provided compensation for land they lose, and other assistance in accordance with the policy. Persons covered under c) above are to be provided with

3 page 4, VIP-2 LAPF

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resettlement assistance in lieu of compensation for the land they occupy or use, and other assistance, as necessary, to achieve the objectives set out in this policy. It stands to mention that KR legislation doesn’t oblige to pay out compensation to persons identified in items (b) and (c). Nevertheless, to reach objectives of WB OP 4.12 “Involuntary resettlement”, this type of compensation is included in VIP-2 LAPF4 rights framework.

Extract from the framework

Table 1

Type of impact Potential PAP Measures/ Compensation/ Support

Loss of agricultural/livestock material infrastructure (fencing, watering pints etc.)

Tenants or informal users of AO land Cost of labor and materials for recovery of an asset

In this particular case, the PAP falls under category (с) eligible for compensation. His land title is not certified. Therefore, according to VIP-3 LAPF, the PAP shall get financial compensation for the cost of labor and materials for recovery of the building. 4.3 Evaluation of compensation 4.3.1. Compensation for the building The shed constructed informally on the land plot by the PAP is subject to demolition. Further, the plot will be used for construction of the bridge approach road for public needs. The option of land compensation is not considered, as this would not comply with KR land legislation or WB OP 4.12 “Involuntary resettlement”. The PAP doesn’t have any claims to project implementers (Annex 3). Financial compensation according the rates as of May 2014 is as follows:

Shed construction cost estimate Table 2

No. Woks, technical specifications of equipment

and materials Unit Number Unit cost

(KGS) Cost (KGS)

1 2 3 4 5 6 1 Manual excavation of III grade soil m3 6 90 540 2 Backfilling of III grade soil with compaction

with pneumatic rammers m3 2,4 100 240

3 Cast-in-situ concrete for strip foundation, В 20 m3 3,6 1900 6 840 4 Construction of cob walls m3 12 200 2 400

4 Page 10 VIP-2 LAPF

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5 Construction of roofing (installation of framework and timber tie beams)

m3 1,7 220 374

6 Installation of roofing system made from corrugated asbestos boards for building, h=20 m

m2 72 150 10 800

Total 21 194

4.3.2. RAP budget RAP budget financed by the project is KGS 21 194.

5. Mechanisms and procedures ensuring compliance with WB OP 4.12 5.1. Grievance redress mechanism

Upon incurrence of risks or negative impact towards a PAP and to ensure impartial settlement of disputes in regards to resettlement, a grievance redress mechanism has been developed, including the following principles:

a) compliance of the mechanism with the extent of project impact; b) promptness of consideration of issues, use of understandable and open redress process,

culturally acceptable for all segments of PAPs, gratuitousness; c) access to legal and administrative measure, i.e. availability of judicial appeal; d) informing corresponding communities on the mechanism.

Steps of grievance redress Table 3

Proc

edur

e PAP’s complaint is submitted to

Form of complaint Complaint management

Time for consideration of a

complaint

I ins

tanc

e

Head of Avletim AO, Aksy Raion, Jalalabad Oblast Abdyramanov Nurmyrza Tel.: + 996 (773) 06-70-61

Verbal

1) Ensures that a complaint is fixed in the log5 under a sequence number; 2) Monitors the process of consideration and settlement of a complaint; 3) Reports to ARIS TSE on the status of settlement of complaints

5 days

5 Forms of logs are given in tables 6 and 7

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II in

stan

ce

ARIS VIP-2 Coordinator

ARIS Head Office 102, Bokonbaev st. 720040 Bishkek Kyrgyz Republic tel.: + 996 (312) 30–18–05, 30–17–53, 30–17–54, 62–07–52 fax: + 996 (312) 62–47–48, e-mail: office@aris.kg.

Written, with the date and signature

ARIS safeguards specialist – Kutmanova Е. tel.: + 996 (709) 57-39-30: 1) Maintains direct contact with the PAP; 2) If a complaint is justified, takes relevant measures

14 days

III

inst

ance

Supreme Court

Complaint is submitted in case of disagreement with decisions by AO and ARIS

According to judicial procedures According to judicial procedures

5.2. Consultations and public awareness

According to LAPF6, all procedures have been followed to involve PAPs in resettlement process; consultations on resettlement were provided in conjunction with representatives of Avletim AO, herewith, PAP was considered as a principle person of the process.

In this regard, during consultations, PAP was informed on his eligibility for financial compensation for the shed constructed informally on the municipal land.

Consultations on evaluation of project impact were conducted as direct negotiations being the most reliable option for the PAP.

During the meeting, the PAP was informed on the objectives and procedures of WB OP 4.12 “Involuntary resettlement” together with principles of RAP. PAP was also informed on the date of commencement and completion of inventory resulting in confirmation of the specifications of the shed.

6 Page 8, VIP-2 LAPF

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Picture 10. Consultation with stakeholders and PAP at the construction area

Once developed, the RAP will be submitted to ARIS VIP-2 Coordinator for approval and further

circulation among stakeholders, PAP and Avletim AO.

Following 2-week collection of comments and proposals, assessment of their justifiability, the RAP will be repeatedly sent to ARIS final approval and submitted to WB’s No Objection to meet requirements of WB OP 4.12 “Involuntary resettlement”. Further, based on public awareness principles, RAP will be published at ARIS and WB (info-shop) sites and repeatedly sent to Avletim AO and PAP. Steps of informing on RAP

Table 4

No. Steps of informing RAP is submitted to Results of informing

1 Once RAP is developed ARIS VIP-2 Coordinator for approval

Circulation among stakeholders, PAPs and Avletim AO

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14 days after circulation, specialists collect comments and proposals and assess those for justifiability for incorporation in RAP

Repeatedly to ARIS VIP-2 Coordinator for final approval and further submission to WB for review and No Objection

1. Published at WB and ARIS sites 2. Repeatedly circulated among stakeholders, PAPs and Avletim AO

At ARIS web-site, the RAP will be available in both, English and Russian. Moreover, if needed, the RAP will be translated into Kyrgyz and sent to stakeholders.

5.3. Monitoring and evaluation

ARIS Safeguards specialist will monitor implementation of RAP throughout construction period. Monitoring framework will be included in monthly report, including indicators and the following information:

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RAP compliance monitoring framework Table 5

No. Monitoring indicator Number and

registration of complaints

1 PAP’s complaints and suggestions 2 Unresolved complaints 3 Compensation for demolished structure

Separate file will be created for this RAP with the following documents:

1. RAP; 2. Log of registration of complaints and suggestions given in Tables 6 и 7; 3. Document confirming the receipt of financial compensation by a PAP for a demolished

structure.

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Log of complaint, Instance I Table 6

No. PAP’s name and contact

information (address, telephone)

Complaint

Date of submission of complaint by

Avletim

Date of consideration of

complaint by ARIS

Date of respond to complaint

If PAP is satisfied with the results of consideration of complaint

(yes/no); explain

1 2 3 4 5 6 7

Log of complaint, Instance II7 and judicial decisions Table 7

No. Repeated complaint Date of receipt of complaint by

ARIS ARIS’ decision

Date of receipt of respond by

PAP

If PAP is satisfied with the results of consideration of

complaint (yes/no); explain

Date of appeal; judicial decision

1 2 3 4 5 6 7

7 Log is filled out if PAP is not satisfied with Instance I decision

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Log of complaints is filled out as complains and proposals are received. Complaints will be managed according to the procedure of complaint lodge, consideration and resolution (Annex 3) All above documents will be filed throughout construction period. Following completion of the project, monitoring of fulfillment of VIP-2 LAPF requirements will be conducted. 6. Managerial functions

ARIS responsibility is as follows: a) develop RAP in cooperation with Avletim AO, Aksy Raion, Jalalabad Oblast with

participation of PAP; b) implement the Plan; c) ensure credibility of PAP assets’ inventory; d) inform PAP on the details if the final RAP; e) submit RAP approved by WB to all project participants.

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7. Annexes Annex 1

Plan Location of project affected livestock shed

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