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Resettlement Planning Document
Land Acquisition and Resettlement Plan Document Stage: Final Oct 2014
AFG: Energy Sector Development Investment
Program Tranche 1 (Kunduz – Taloqan 220kV
Double Circuit Transmission Line Project)
Prepared by Da Afghanistan Breshna Sherkat (DABS) for the Asian Development Bank.
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CURRENCY EQUIVALENTS
as of 20 September 2014
Currency unit – AFN
AFN 1.00 = $0.017
$1.00 = 57.10 AFN
ABBREVIATIONS
ADB : Asian development Bank
AF : Affected Family
AP : Affetcted Person
DABS : Da Afghanistan Breshna Sherkat
DMS : Detailed Measurement Survey
EA : Executing Agency (DABS)
ESU : Environmental and Social Unit
EMA : ExternalMonitoring Agency
IOL : Inventory of Loss
kV : Kilo Volt
LAR : Land Acquisition and Resettlement
LARF : Land Acquisition and Resettlement Framework
LARP : Land Acquisition and Resettlement Plan
MFF : Multitranche Financing Facility
NES : North Eastern Power System
NGO : Nongovernment Organization
NOC : No Objection Certificate
PMO : Project Management Office
PMPIC : Project Management and Project Implementation Consultant (SMEC
International Pty Ltd)
RP : Resettlement Plan
SMEC : Snowy Mountains Engineering Corporation
TL : Transmission Line
TOR : Terms of Reference
UXO : Unexplored ordinance
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GLOSSARY
Affected Family (AF): All members of a household residing under one roof and operating as a single economic unit; who are adversely affected by the Project or any of its components. It may consist of a single nuclear family or an extended family group. Affected Persons (APs): All the people affected by the Project through land acquisition, relocation, or loss of income; and include any person, household [sometimes referred to as project affected family (AF)], firms, or public or private institutions. APs, therefore, include i) persons affected directly by the safety corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project. Assistance: Support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets. Compensation: Payment in cash at current market value or in kind for an asset or a resource that is acquired or affected by a project to which the affected people are entitled in order to replace the lost property or income. Cut-off date: The date, after which people will NOT be considered eligible for compensation, i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off-date is the date of the detailed measurement survey. Detailed Measurement Survey: The detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground. Encroachers: People who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the Project. The term also refers to those extending attached private land into public land. Entitlement: The range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and relocation which are due to business restoration which are due to APs, depending on the type and degree /nature of their losses, to restore their social and economic base. Inventory of Losses: The pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Land acquisition: The process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation. Non-titled: People who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB‟s policy explicitly states that such people cannot be denied compensation. Project :Energy Sector Development Investment Program funded by ADB. Rehabilitation: Compensatory measures provided under the Policy Framework on involuntary resettlement other than payment of the replacement cost of obtained assets.
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Replacement Cost: Replacement cost means the amount needed to replace an asset and is the value determined as compensation for Houses, shops and other related structures based on current market prices of materials, transportation of materials to construction site, cost of labour and contractor‟s fee, and any cost of registration and transfer taxes. In determining replacement cost, depreciation of assets and value of salvaged building materials are not taken into account and no deductions are made for the value of benefits to be derived from the project.
Resettlement: All the impacts associated with loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms. Significant impact: Means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). Squatters: Same as non-titled and includes households, business and common establishments on land owned by the State. Structures: All buildings including primary and secondary structures including houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls. Vulnerable: Who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes: (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households that fall on or below the poverty line (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) households of indigenous population or ethnic minority.
NOTE
(i) In this report, "$" refers to US dollars.
This resettlement plan is a document of the Government of Afghanistan. The views
expressed herein do not necessarily represent those of ADB's Board of Directors,
Management, or staff, and may be preliminary in nature. Your attention is directed to the
“terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any
designation of or reference to a particular territory or geographic area in this document, the
Asian Development Bank does not intend to make any judgments as to the legal or other
status of any territory or area.
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Table of Contents
ABBREVIATIONS ..................................................................................... viii
GLOSSARY ................................................................................................ iii
Executive Summary .................................................................................. ix
1 INTRODUCTION ..................................................................................1
1.1 Background .................................................................................................... 1
1.2 Description of the Sub-Project ........................................................................ 1
1.3 DABS‟s Short LARP ....................................................................................... 2
1.4 Preliminary Assessment of LAR Impacts ........................................................ 2
1.5 Update of the LARP ....................................................................................... 2
1.6 Contract Provisions on LAR Aspects .............................................................. 3
1.7 LARP-related Conditionality ........................................................................... 3
2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT .................4
2.1 Scope and Rational for Land Acquisition ........................................................ 4
2.2 Establishment of Cut-off Date ........................................................................ 4
2.3 Census of APs and Socioeconomic Survey ................................................... 4
2.4 Minimization of Impacts .................................................................................. 4
2.5 Impacts of the Subproject ............................................................................... 5
2.5.1 Permanent Impacts (Towers/Poles) ........................................................ 5
2.5.2 Temporary Impacts (Towers, Access Roads &T/Line Corridor) ............... 5
2.5.3 Number of Affected Families (AFs) ......................................................... 6
2.5.4 Occupations and Income Status of the AFs ............................................ 6
2.5.5 Indigenous & Vulnerable Persons and Female Headed Families ............ 7
2.5.6 Archaeological, Historical and Religious Sites......................................... 7
2.5.7 Infrastructure within RoW ........................................................................ 7
2.5.8 Significance of Impacts and Project Categorization................................. 8
3 SOCIOECONOMIC PROFILE OF AFFECTED HOUSEHOLDS .........8
3.1 Methodology .................................................................................................. 8
3.2 Demographic Characteristics of the Affected People ...................................... 9
3.2.1 Population and Family Size ..................................................................... 9
3.2.2 Age.... ..................................................................................................... 9
3.2.3 Education ................................................................................................ 9
3.2.4 Marital Status .......................................................................................... 9
3.3 Household Characteristics ........................................................................... 10
3.3.1 Family Size and Structure ..................................................................... 10
3.3.2 Ethnic Characteristics and Religion ....................................................... 10
3.3.3 Characteristics of the FamilyHeads ....................................................... 10
3.4 Income of the Affected Families ................................................................... 11
3.5 Expenditure Pattern of AF ............................................................................ 12
3.6 Standard of Living Indicators ........................................................................ 12
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3.6.1 Housing ................................................................................................ 12
3.6.2 Possession of Household Items ............................................................ 13
3.6.3 Available Social Amenities in the Project Corridor ................................. 14
3.7 Gender and Development ............................................................................ 14
3.7.1 Gender Aspects .................................................................................... 14
3.7.2 Women Role in Socio-economic Activities ............................................ 15
3.8 Pressing Needs of Communities .................................................................. 15
4 LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS ......... 16
4.1 Policy and Legal Framework for Land Acquisition and Resettlement ........... 16
4.2 Relevant Land Acquisition & Resettlement Legislation in Afghanistan.......... 16
4.3 Relevant LAR related Provisions from the LAL ............................................. 16
4.4 ADB‟s Policy on Involuntary Resettlement ................................................... 17
4.5 Gap Analysis between Afghanistan‟s Land Acquisition Law and ADB Resettlement Policy ..................................................................................... 18
4.6 Remedial Measures to Bridge the Gap......................................................... 19
4.7 Sub-Project Resettlement Principles ............................................................ 19
4.8 Compensation Eligibility & Entitlement ......................................................... 20
4.8.1 Eligibility for Compensation ................................................................... 20
4.8.2 Compensation Entitlements .................................................................. 21
4.9 Project Entitlements Matrix ........................................................................... 22
5 PUBLIC CONSULTATION AND DISCLOSURE .............................. 23
5.1 Consultation Undertaken for the LARP ......................................................... 23
5.2 Compensation Options Discussed ............................................................... 25
5.3 Consultations for the Determination of Land Prices ...................................... 25
5.4 Disclosure .................................................................................................... 26
6 GRIEVANCE REDRESS MECHANISM ............................................ 26
6.1 General ........................................................................................................ 26
6.2 Grievance Redress Committee .................................................................... 27
6.3 Proposed Measures to Address Grievance .................................................. 27
7 INSTITUTIONAL FRAMEWORK FOR LARP IMPLEMENTATION . 28
7.1 Institutional Arrangements ........................................................................ 28
7.1.1 Da Afghanistan Breshna Sherkat (DABS) ............................................. 28
7.1.2 Project Management Office (PMO) ....................................................... 28
7.1.3 Environmental and Social Unit (ESU) ................................................... 29
7.1.4 Program Management & Project Implementation Consultants (PMPIC) 29
7.1.5 ExternalMonitoring Agency (EMA) ........................................................ 29
7.2 Other Agencies and Institutions ............................................................... 29
7.2.1 Community Shuras, Local Jirgas & Community Development Councils 29
7.2.2 Provincial Governments ........................................................................ 29
7.2.3 Ministry of Finance (MOF)..................................................................... 30
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7.2.4 ADB ...................................................................................................... 30
7.2.5 Structure of the Institutional Arrangements ........................................... 30
8 LARP BUDGET AND FINANCING ................................................... 30
8.1 General ........................................................................................................ 30
8.2 Arrangements for Financing Resettlement ................................................... 30
8.3 Budget Description ....................................................................................... 31
9 IMPLEMENTATION SCHEDULE AND PREPARATORY ACTIONS 32
9.1 LARP Implementation .................................................................................. 32
9.2 Implementation Schedule ............................................................................. 32
10 MONITORING AND EVALUATION .................................................. 33
10.1 Internal Monitoring ....................................................................................... 33
10.2 External Monitoring ...................................................................................... 34
10.3 Reporting ..................................................................................................... 35
List of Tables
Table 2.1: Land Acquisition on Permanent Basis for the Proposed TL Subproject……...….. 5 Table 2.2: Overall Resettlement Impacts of Proposed transmission line Subproject .............6 Table 2.3: Income Statues of Affected Families………………………………………….... 7 Table 3.1: Age Distribution of Affected Persons ………………………………………………...9 Table 3.2: Statues of the Affected Person............. ……………………..……………………....9 Table3.3: Marital Statues of the Affected Persons…………………….………………………9 Table 3.4: Family Structure and Compensation…………………………………………….10 Table 3.5: Distribution of the Family Heads According to Age......………………............10 Table 3.6: Education Level of Family Heads…………………………………………….....11 Table 3.7: Yearly Income of Affected Families……………………………………………....11 Table 3.8 Average Monthly Expenditure of the AFs(in Afgs.) ……………………………… 12 Table 3.9: Details about housing Type …………………………………..………………………12 Table 3.10: Possession of Household Items ……………………………………………………13 Table 3.11: Women Role in Socio – Economic Activities ……………………………………. 15 Table 3.12: Pressing Needs of the Surveyed Village …………………….……………….. ….15 Table 4.1: Comparison of ADB‟s Resettlement Policy and the LAL of Afghanistan…….…18 Table 4.2: Entitlements Matrix …………………………………………………………………..21 Table 5.1: Consultation Meetings Details ……………………………………………………….23 Table 8.1: Summary of the cost Estimate and LAR Budget …………………..……………....30 Table 10.1: Internal Monitoring ………………………………………...…………………………32
Figures
Figure 1: Kunduz-Taloqan 220 kV Transmission Line Route Map.........................................2 Figure 2: Grievance Redress Mechanism.............................................................................27 Figure 3: Organizational Structure for Implementation of the LARP ....................................29 Figure 4: LARP Preparation & Implementation Schedule ....................................................31
Annexure
Annex 1: Agreement on land prices Annex 2: Detail of land compensation Annex 3: List of Participants of Consultation meeting Annex4: LAR Information booklet
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Executive Summary ES-1: Introduction
1. The Asian Development Bank (ADB) is financing energy projects in Afghanistan through the Energy Sector Development Investment Program (ESDIP). The construction of 65.56 km long Kunduz - Taloqan 220 kV double circuit transmission line is a sub-project under this Program. The Project is part of the North East Power System (NEPS) that connects northern and eastern Afghanistan, and also facilitates power import from Tajikistan, Uzbekistan and Turkmenistan.
2. The project will be executed by the Da Afghanistan Breshna Sherkat (DABS - Afghanistan Electricity Corporation), through its Program Management Office (PMO), supported by a Program Management and Project Implementation Consultants (PMPIC). This revised Land Acquisition and Resettlement Plan (LARP) for Kunduz - Taloqan 220 kV double circuit Transmission Line subproject has been prepared by DABS through its PMPIC according to the provisions of ADB approved Land Acquisition and Resettlement Framework (LARF) for the program. The transmission line will improve the transmission and distribution network in the two central cities of Kunduz and Taloqan under Kunduz and Takhar provinces respectively.
ES-2: The Subproject
3. The transmission line will improve the transmission and distribution network in the two central cities of Kunduz and Taloqan under Kunduz and Takhar provinces respectively. The transmission route will run from the proposed new 220kV switchyard at Kunduz to the new 220/110/20 kV substation at Taloqan. It will pass through urban areas. The transmission line will pass over public and private land, and will cross over the River Khanabad that flows from Badakhsan to Kunduz through Taloqan. Project physical works comprise the supply and erection of 225 towers, as well as installation of conductors, OPGW and ancillary works. Implementation of physical works including transporting of materials and plants to site and stringing of the transmission line will involve both permanent and temporary acquisition of some land, also causing adverse impact on crops and trees.
4. The route of the transmission line connects the two central cities of Kunduz and Taloqan. The part of the line that runs near Taloqan city only involves land acquisition and resettlement (LAR) impact at certain sections. The other part that runs near Kunduz city does not have any LAR impact.
ES-3: Resettlement Impacts
5. For understanding the adverse social and resettlement impacts of the project interventions, a 100% census combined with socioeconomic survey was carried out during October-December 2012 to make an inventory of losses (IOL), and to develop a baseline of socioeconomic status of the families likely to suffer from project implementation. Both the male and female members of the AF were interviewed during the survey.
6. According to the final design, 33 farming families with a population of 232 persons will be affected by loss of land. The AFs own relatively large area and the extent of permanent loss is very small. The analysis provided in Table 2.1and Annex-2 reveals that extent of land loss varies from 0.11% to 1.54% of the total land holding. On overall basis it works out to be 0.41%. No AF would be severely affected as mandated by the ADB policy (i.e. losses more than 10% of its income). The Project, therefore, is classified as Category Bas per ADB‟s involuntary resettlement safeguard policy. The quantum of land to be acquired on permanent basis works out to be 0.42 hectares, as provided in Table ES-1.
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Table ES-1: Land Acquisition on Permanent Basis for the Proposed Transmission Line Subproject
Type of
Tower
No. of Towers
Total Owned Land Affected Land Affected Land as %
of Total Jerib M2 Jerib M2
A 27 306 612000 0.9085 1,817 0.30
B 10 134 268000 0.6165 1,233 0.46
C 05 66 132000 0.5435 1,087 0.82
Total 42 506 1012000 2.0685 4,137 0.41
7. Apart from these, other impacts include effect on crops and trees due to temporary land acquisition for transporting the machinery and equipment for the construction of transmission line and stringing of conductor. Based on the Contractor‟s field assessment, the land that will come under access roads and towers working perimeter will be 44,575m2 and 174314m2, respectively. It is estimated that 18.60km long, 35m wide corridor (under 62 towers with an average span of 300m) will further affect 65.11ha of land during stringing activity. With a 20% cushion of surrounding fields for movement of machinery the total affected land will be around 78.12ha. The Project will not require acquisition of any residential houses or buildings and will not cause any significant impact involving physical displacement of any household. The extent of temporary impacts is shown in Table ES-2.
Table ES-2: Temporary Resettlement Impacts of Proposed Transmission Line Subproject
Affected Asset Unit Quantity
Temporarily Affected Area Around Tower Foundations M2 174,314
Ha. 17.44
Temporarily Affected Area under Access Roads M2 44,575
Ha. 4.46
Temporarily Affected Area under T/L RoW (with 20% cushion) for Stringing Activity
M2 781,200
Ha. 78.12
ES-4: Compensation for Losses
8. Compensation for losses and impacts will be provided in accordance with the entitlement matrix as provided in Table ES-2. This entitlements matrix, drawn from the Program‟s LARF, contains provisions for the actual impacts of this Subproject.
Table: ES-2 Entitlement Matrix
Loss Type Specification Eligibility Entitlement
Permanent acquisition of agricultural land
All land losses independent of impact severity
AP with title, formal/customary deed, or traditional land right as vouched by local Jirga, elders or Community Development Council.
Compensation at replacement cost either through replacement plots of similar value or in cash based on mutually agreed replacement/ current market rate of between the APs and the EA. All fees, taxes, or other charges, as applicable under relevant laws are to be borne by the EA.
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Tenant/Lease holder (registered or otherwise)
Cash compensation equal to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years). No tenant or lease holder found in this subproject.
Sharecroppers (registered or otherwise)
Cash compensation equal to the market value of the lost harvest share once (temporary impact) or twice (permanent impact). No share croppers found in this subproject.
Agricultural workers losing their contact
Cash indemnity corresponding to their salary (including portions in kind) for the remaining part of the agricultural year. No agriculture workers found in this subproject.
Squatters 1 rehabilitation allowance equal to market value of 1 gross harvest (in addition to crop compensation) for land use loss. No squatters found in this subproject.
Permanent Loss of Crops
Affected crops All APs (including non-title holders)
Cash compensation for one crop equal to market value of gross yield of affected land; to be paid by the EA. No crops under permanent loss in this subproject.
Temporary Loss of Crops
Crops affected All APs (including non-title holders)
Crop compensation in cash at market rates for three crop seasons to be paid by the Contractor, for damage to crops caused by the construction of tower bases, erection of towers and stringing of conductor.
Additional cash equal to one crop assistance at current year‟s prices to purchase seeds and restore future crop activities.
Temporary land occupation
All APs including title holders and non-title holders
Rent for duration of use of area for access roads equal to potential crop loss plus plot rehabilitation. The acquisition of land on temporary basis will be the responsibility of the Contractor as per contract document and the contractor is bound to return the land to the owner in its original form. All costs will be borne by the contractor as part of the Contract.
The contractor will prepare a section wise list of APs being impacted by i) the working perimeter of the towers, ii) the access routes and iii) the stringing operation specifying their individual loss of crops and trees, under the supervision and with the approval of the Project
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Engineer.
Fruit and Wood Trees
Trees affected All APs (including squatters)
Fruit bearing trees will be compensated at the value of 1 harvest x the number of years needed to re-grow a tree at the same productive level of the tree lost.
Non-fruit bearing trees will be compensated at the cost of reproducing a tree to the growth level at which it was cut.
Timber trees will be compensated at the commercial value of the wood x its volume. No deductions will be applied to the value of the wood left to the AF.
Compensation to be paid by EA for affected trees falling in the land to be acquired on permanent basis.
Compensation to be paid by the Contractor in cash at market rates for affected trees falling in the RoW of TL and land to be acquired on temporary basis.
Vulnerable AP
All APs 1 allowance equal to 5,000 Afg., in addition to compensation. Employment priority in project-related jobs.
Unforeseen impacts
Unforeseen impacts will be documented and mitigated based on the principles agreed in this resettlement plan
ES-5: Determination of Land Price
9. Affected land will be compensated in cash based on the principle of replacement cost. The replacement cost rate has been estimated based on a negotiation between the APs, elders of the area, representatives of DABS and the respective local governments. A Jirga for determination of land price in the project influence area falling in Takhar Province was arranged on 28 March 2013 in the Directorate of Agriculture in Takhar Province. The AFs and other concerned Chiefs in Takhar Province participated. Detailed discussions were held in the Jirga relating to the determination of market price for affected lands and for nomination of members for the GRC. Particular importance was given to hear the voice of the AFs on reaching consensus on the price of affected land and thereby to decide agreeable compensation. All the participants including the AFs expressed their satisfaction on the compensation determination process. Finally, the price which was agreed upon was ranging from 700,000 Afghani to 1,500,000 Afghani per Jerib1.
ES-6: Cut-off-Date
10. Compensation eligibility will be limited by the cut-off date that has been established as 06 December 2012, on completion of the final census after the line route survey was finalized. The AFs that settle in the RoW of transmission line after this cut-off-date will not be eligible for compensation. They will, however, be given a notice requesting them to
11 Jerib=2000m2
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vacate the premises/corridor and dismantle the affected structures and/or other establishments (if any) prior to the project implementation.
ES-7: Significance of Impacts
11. The permanent and temporary impacts on land and loss of crops will be minor or non-significant for all AFs. This subproject will impact 33 families with a total population of 232 persons. However, the magnitude of impact is not significant as none of the AF/AP is either being relocated or losing 10% or more than 10% of his productive asset permanently. The AFs own relatively large area and none will lose >10% of their total crop. The 35m wide corridor will be used temporarily as a working corridor for installation of the new towers and stringing of the power lines. There are no indigenous peoples‟ communities in the project area. No other private or community structures will be affected. As no assets will be lost permanently, and none of the AFs will be physically displaced or lose more than 10% of their productive assets, the resettlement impacts will be non-significant and the Tranche I is categorized as B for the IR impacts.
ES-8: Consultation and Disclosure
12. The LARF has been prepared and endorsed by DABS and uploaded to ADB‟s website. For the preparation of this LARP, DABS with assistance from PMPIC conducted a census and socioeconomic survey in December, 2012 and held a number of consultations with local government agencies, affected households, as well as wider community groups. Further consultations will be held during implementation of this LARP. After its approval from the ADB, the LARP will be translated into the Dari (the local language) and disclosed.
ES-9: Grievance Redress Mechanism 13. A grievance redress mechanism will be available to allow an AP appealing any disagree-able decision, practice or activity arising from land or other asset compensation. The main objective of the grievance redress procedure is to provide a mechanism to mediate conflict and cut down lengthy litigation which may delay this development sub-project.
14. A Grievance Redress Committee (GRC) is proposed for the subproject in order to receive and facilitate the resolution of affected peoples‟ concerns, complaints, and grievances about the project‟s LAR performance. A GRC is proposed to be composed of the following members:
• Representative from MEW/DABS Convener
(from the respective DABS office in the Province)
• Representative of the local administration Member
(from the respective office of the Governor)
• Representative from MEW-DABS/ESU Member
• Representative from Directorate of Agriculture Member
• Representative from Provincial Council member • Representative from PMPIC (Resettlement Specialist) Member • Affected person or his/her duly appointed Representative Member
ES-10: Resettlement Budget 15. The resettlement budget provides compensation for permanent loss of land. It will require a total estimated amount of 4,230,720Afg (0.08 million USD). Out of this, 2,725,600Afg is the direct compensation cost to the APs and 800,000Afg are provided for hiring the IMA. Contingency costs are estimated @ 20% which comes to 705,120Afg. This amount is kept to meet the management cost of internal and external monitoring,
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consultation and disclosure, administrative and other expenses. Table ES-3 provides the cost estimate and budget.
16. The acquisition of land on temporary basis will be the responsibility of the Contractor as per contract document and the contractor is bound to return the land to the owner in its original form. All costs will be borne by the contractor as part of the Contract and payments to APs will be reported in the monthly progress reports.
Table ES-3: Summary of Cost Estimate and Budget
Item Total (Afg)
Compensation for Land to be acquired on permanent basis 2,725,600
Sub-Total 2,725,600
External Monitoring Agency for 2 months 800,000
Contingency 20% of the total 705,120
Sub-Total 1,505,120
Total Estimated Land Acquisition and Resettlement Budget 4,230,720
ES-11: Monitoring and Evaluation
17. Internal monitoring of all resettlement and consultation tasks and reporting to ADB will be conducted by the Environmental and Social Unit (ESU) within the PMO, assisted by the national and international social safeguards/resettlement specialists. Internal monitoring will include reporting on progress in the activities envisaged in the implementation schedule with particular focus on public consultations, land purchase, record of grievances and status of complaints, financial disbursements, and level of satisfaction among APs.
18. An External Monitoring Agency (EMA) or individual expert, with the concurrence of ADB, will be engaged by the PMO upon approval of the LARP. External monitoring will be carried out twice a year and its results will be communicated to the PMU and ADB through semi-annual reports. The EMA will be recruited on an intermittent basis up to one year after the project works are completed. The EMA will also be responsible for (i) issuing a no-objection certification to proceed with work in sections of lots of the subproject where there is no land acquisition and (ii) for sections or lots where there is land acquisition and resettlement, no-objection to proceed after completing an audit confirming that all compensation and related resettlement assistance in cash or kind has been delivered to the affected households. The reports prepared by the EMA will include an assessment of the compensation process for temporary loss of land and associated crop and tree loss. The EMA will carry out a post-implementation evaluation of the LARP after one year ofits implementation.
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1 INTRODUCTION
1.1 Background
1. Afghanistan is among the countries where per capita availability of electricity is very
low. Only 36%2 of country‟s population has access to electricity which is among the lowest
in the world. To improve this situation for the future development of the country, a number of
projects have been undertaken by the Government of Afghanistan. Asian Development
Bank (ADB) is financing the transmission and distribution projects in Afghanistan through
Energy Sector Development Investment Program (ESDIP), a Multi-tranche Financial Facility
(MFF) that has been divided into a number of tranches or groups of subprojects. Each of the
program‟s tranches constitutes a project which, in turn, has been divided into several
subprojects involving the construction of the power transmission and distribution projects.
2. The construction of 65.56 km long Kunduz - Taloqan 220 kV double circuit
Transmission Line is a sub-project of Tranche-1(the Project). The Project is part of the North
East Power System (NEPS) that connects northern and eastern Afghanistan, and also
facilitates power import from Tajikistan, Uzbekistan and Turkmenistan.
3. The Da Afghanistan Breshna Sherkat (DABS - Afghanistan Electricity Corporation),
established as an independent and autonomous corporation for the generation, import,
transmission and distribution of power across the country, is responsible as the executing
agency (EA) to implement the Project through its Program Management Office (PMO),
supported by a Program Management and Project Implementation Consultants (PMPIC).
4. This revised Land Acquisition and Resettlement Plan (LARP) for Kunduz - Taloqan
220 kV double circuit Transmission Line subproject has been prepared by DABS through its
PMPIC according to the provisions of ADB approved Land Acquisition and Resettlement
Framework (LARF) for the program.
1.2 Description of the Sub-Project
5. The transmission line will improve the transmission and distribution network in the
two central cities of Kunduzand Taloqan under Kunduzand Takhar provinces respectively.
The transmission route will run from the proposed new 220kV switchyard at Kunduz to the
existing 220/110kV substation at Taloqan. It will pass through city and rural areas, over
public and private land, and will cross over the River Khanabad that flows from Badakhsan
to Kunduz through Taloqan. The Project area within the geographic coverage of these two
provinces is bounded to the south by the Baghlan Province, to the east by the Badakhshan
Province, to the west by the Samagan Province, and bordering Tajikistan in the north. The
route of the transmission line (TL) is presented in Figure 1.Project physical works comprise
the supply and erection of approximately 225 towers (an average of 3 to 4 towers per
kilometre along the alignment) as well as installation of conductors, OPGW and ancillary
works. Implementation of physical works including transporting of materials and plants to
site and stringing of the transmission line will involve a mix of permanent and temporary
acquisition of land, also causing adverse impact on crops and trees.
2Energy in Afghanistan, Wikipedia, the free encyclopaedia, 04 October 2011.
________________________________________________________________________ Page | 2
1. Figure 1: Kunduz-Taloqan 220 kV Transmission Line Route Map
1.3 DABS’s Short LARP
6. In November 2008, the DABS prepared a Short Land Acquisition and Resettlement
Plan (Short LARP) under the Energy Sector Development Investment Program to address
social and resettlement impacts due to construction of the Kunduz-Taloqan 220 kV
transmission line. The Short LARP concluded that the TL alignment will mostly run through
rural areas impacting some agricultural land near Taloqan and Kunduz cities and near
Bangee Valley.
1.4 Preliminary Assessment of LAR Impacts
7. On finalization of project design, a new round of field survey was carried out during
August 2012, after a gap of about four years. The survey data showed that the final
approved route of transmission line would cause land acquisition and resettlement (LAR)
impacts. Based on this survey, a Report on Preliminary Review of Resettlement Plan was
prepared and submitted to ADB by the DABS on 25 September 2012 for review. The report
revealed that on the surveyed route of the transmission line, approximately 17% of the route
crossed private land with the balance 87% crossing government land.ADB in its comments
on the preliminary report highlighted the need to develop and finalize the LARP on the basis
of identified LAR impacts. Accordingly, a Detailed Measurement Survey (DMS) and full
census and inventory of losses (IoL) were carried out in November 2012.
1.5 Update of the LARP
8. The LARP has been revised based on the final design of the sub-project; and in
accordance with provisions of the laws in Afghanistan, ADB‟s Policy on Involuntary
Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006), and
the Land Acquisition and Resettlement Framework (LARF) for the MFF. The LARP contains
estimates of the affected families (AFs) and affected persons (APs), types of impacts, and
compensation procedures. The grievance redress mechanism, institutional arrangements
________________________________________________________________________ Page | 3
for the implementation of LARP, monitoring, reporting are documented in this LARP in
accordance with the LARF for the overall MFF.
1.6 Contract Provisions on LAR Aspects
9. According to the CONTRACT3, the work shall be performed on a Turnkey basis. The
Contractor has the full responsibility to survey the TL route, considering the environmental
and socioeconomic aspects, subject to PMPIC and DABS approval. In doing so, the
Contractor will put increased emphasis to stay, to the extent possible, within Government
land, uncultivated land, non-habitation areas and away from urban areas. Although the
resettlement aspect is the responsibility of the EA, the Contractor shall work closely with the
EA to provide and collect necessary information /data as required.
10. As measures to minimize land acquisition impacts, the CONTRACT document
emphasizes that:
Transmission Line route to be selected in an effective and professional way, so that issues of LARP may be avoided or minimized. If required as a solution, an alternative route diversion may be surveyed, subject to EA approval.
Minimization of damages to crops, cutting trees etc.
Minimize effects of heavy plant during the construction to avoid impacts on houses and infrastructure.
Consultation to be conducted with local government authorities and affected people before any works to be commenced.
11. The CONTRACT also clearly shows that it is the responsibility of the Contractor to
pay compensation for any damage to crops during the construction works. Such costs are
deemed included in the Contract Price. The document also states that no clearing of the line
route, for example, removal and disposal of trees and other vegetation, houses and huts,
barns, cattle-sheds etc., shall take place until compensation and other entitlements have
been made to the affected persons.
12. With regards to access roads, it is the responsibility of the Contractor to ensure the
adequacy of such roads, as well as tracks to tower sites. All the access roads will be
considered as temporary construction roads, of which the Contractor is in charge. No
additional payment will be made for these roads, apart from the Lump Sum allowance the
Contractor has in Price Schedules. All access roads shall be reinstated after the completion
of construction and the land returned to the original condition.
1.7 LARP-related Conditionality
13. Project implementation works will be contingent on the compliance to the following
conditions:
Approval of this LARP by the Government of Afghanistan and the ADB.
Full disclosure of this LARP to the public.
3CONTRACT between DABS (the Employer) and M/S KEC-NETRACON Consortium (the Contractor), Vol. 2,
December 2011: Procurement of Plant, Design, Supply, Installation, Testing and Commissioning of Kunduz-Taloqan 220 kV Transmission Line Project, ESDIP-Project 1. ADB Grant No. 0134-AFG-MFF.
________________________________________________________________________ Page | 4
Full implementation of the compensation program described in this LARP, i.e., full delivery of compensation to the AFs.
External monitoring agency/consultant is in place.
No objection letter‟ (NOL) issued by ADB for commencement of civil works.
2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT
2.1 Scope and Rational for Land Acquisition
14. The Kanduz-Taloqan 220 kV D/C Transmission Line (T/L) will be constructed on a
new alignment involving acquisition of private and government land. According to the
findings of the preliminary survey report, approximately 17% of the route crosses private
land with the balance 83% crossing government land. The RoW of the transmission line is
35m (17.5m on each side from the centre line of T/L). The T/L will involve construction of
225 towers including three phases of construction, towers erection and stringing. Besides
land acquisition on permanent basis, land will also be acquired on temporary basis for the
construction of access roads by the contractor to the tower sites. Other impacts include
effect on crops due to temporary land acquisition for erection and transportation of towers,
as well as effect on trees due to conductor stringing. Apart from land and trees impacts, the
project will not impact any structures (residential & commercial), public and common
property resources, assets or sources of livelihoods.
2.2 Establishment of Cut-off Date
15. The LAR impacts of the project have been assessed by conducting the Census of
APs and Detailed Measurement Survey (DMS) for the revised LARP. The survey was
completed on December 06, 2012 and the same has been established as cut-off date for
the project. Compensation eligibility is limited by this cut-off date. APs who settle in the
affected areas after the cut-off date have not been considered eligible for compensation,
i.e., they are not included in the list of APs.
2.3 Census of APs and Socioeconomic Survey
16. For estimating the LAR impacts of the project interventions, a 100% census
combined with socioeconomic survey was carried out jointly by the DABS and PMPIC
experts during October-December 2012to make an inventory of losses (IOL), and to develop
a baseline of socioeconomic status of the households likely to suffer from project
implementation. A structured questionnaire was used to collect details of the APs.
2.4 Minimization of Impacts
17. All possible steps to safeguard and minimize the likely adverse impacts on local
communities in the final design of transmission line have been ensured. The following
specific actions have been applied to avoid and minimize the likely resettlement impacts of
this subproject:
Alignment of the transmission line and tower to tower spans are altered slightly to avoid both the compact housing and commercial areas and scattered farm-houses; and
A minimum clearance under the line as per design requirements has been maintained for the whole line.
________________________________________________________________________ Page | 5
18. As a result, out of 225 line towers, the most part of the transmission line traverses
throughout the open lands, including private agricultural lands where only the agricultural
crops, trees will partially affected by the execution of project works.
2.5 Impacts of the Subproject
19. According to the final design, 33 farming families with a population of 232 persons
(APs) will be affected by loss of land. Apart from these, other impacts include effect on
crops and trees due to temporary land acquisition for transporting the machinery and
equipment for the construction of transmission line and stringing of conductor. The Project
will not require acquisition of any residential houses or buildings and will not cause any
significant impact involving physical displacement of any household.
2.5.1 Permanent Impacts (Towers/Poles)
20. According to final design, 42 towers will be constructed on the private lands causing
permanent impacts. The towers with LAR impacts are subdivided into three types - Type A,
Type B and Type C based on design specifications. There are 27 towers of Type A which
will cause permanent impact on 1,817m² of land, 10 towers of Type B will cause permanent
impact on 1,237m², and 5 towers of Type C will cause permanent impact on 1087m². The
quantum of land to be acquired on permanent basis works out to be 0.42 hectares. This
land is owned by 33 AFs. Table 2.1 provides details about the land to be acquired on
permanent basis.
Table 2.1: Land Acquisition on Permanent Basis for the Proposed Transmission Line Subproject
Type of
Tower
No. of Towers
Total Owned Land Affected Land Affected Land as %
of Total Jerib M2 Jerib M2
A 27 306 612000 0.9085 1,817 0.30
B 10 134 268000 0.6165 1,233 0.46
C 05 66 132000 0.5435 1,087 0.82
Total 42 506 1012000 2.0685 4,137 0.41
2.5.2 Temporary Impacts (Towers, Access Roads &T/Line Corridor)
21. For tower installation, crops and trees in an area not only under the tower, but also in
a small perimeter surrounding it as the access, working and storage areas, will be affected
by the construction works. This land, however, will be affected temporarily causing loss to
crops and trees during the 3-tier process of tower construction: (i) construction of
foundations, (ii) erection of towers, and (iii) stringing of power cables. Based on the
Contractor‟s field assessment, the land that will come under access roads and towers
working perimeter will be 44,575m2 and 174,314m2, respectively.
22. The sections of the transmission line in between the towers (TL Corridor) will cause
damage to, or loss of, crops and trees during the stringing of power cables. This last activity
is usually carried out rapidly, one stretch at a time, and completed in one cropping season,
for which one-crop compensation will be paid. AFs will also be compensated for the loss of
their trees within the RoW that will be affected during stringing activity. It is estimated that
________________________________________________________________________ Page | 6
18.60km long, 35m wide corridor (under 62 towers with an average span of 300m) will
further affect 65.11ha of land during stringing activity. With a 20% cushion of surrounding
fields for movement of machinery the total affected land will be around 78.12ha. The
estimated temporary resettlement impacts of the proposed transmission line are provided in
Table 2.2.
Table 2.2: Temporary Resettlement Impacts of Proposed Transmission Line Subproject
Affected Asset Unit Quantity
Temporarily Affected Area Around Tower Foundations M2 174,314
Ha. 17.44
Temporarily Affected Area under Access Roads M2 44,575
Ha. 4.46
Temporarily Affected Area under T/L RoW (with 20% cushion) for Stringing Activity
M2 781,200
Ha. 78.12
23. As early as possible but not less than a month before the starting of the transmission
tower foundation activity, operation of access routes and stringing the contractor will prepare
a section wise list of APs being impacted by i) the working perimeter of the towers, ii) the
access routes and iii) the stringing operation specifying their individual loss of crops and
trees, under the supervision and with the approval of the Project Engineer. The APs will be
paid their compensation at least 15 days before the start of each activity. The APs will be
adequately informed regarding the entitlements, schedule and process of compensation.
The External Monitor, supplementing the internal monitoring, will subsequently verify the
process.
24. The acquisition of land on temporary basis will be the responsibility of the Contractor
as per contract document and the contractor is bound to return the land to the owner in its
original form. All costs will be borne by the contractor as part of the Contract.
2.5.3 Number of Affected Families (AFs)
25. The survey has revealed that 0.42 hectares of cultivated land, falling under 42towers
will be acquired on permanent basis. This land is owned by 33owner operators and no
tenants or sharecroppers are identified during the census survey. The total number of APs
is 232 and the average family size works out to be 7.03 persons.
2.5.4 Occupations and Income Status of the AFs
26. The survey has revealed that agriculture is the major occupation of the APs along
the transmission line. Out of 33 AFs, the income of 18 AFs is supported by their family
members and they are involved in different types of income earning activities such as public
or private service, working as professional and labourers and carrying out business. The
income status of the APs on per capita basis is provided in Table 2.3.
________________________________________________________________________ Page | 7
TABLE – 2.3: Income Status of Affected Families
Occupation No. of
APs
% Distribution
Annual Income (Afg.)
Av. Annual Income/ Capita (Afg.)
Av. Monthly Income/ Capita (Afg.)
Daily Income/ Capita (Afg.)
Agriculture 45 19 3,648,834 81,085 6,757 225
Business/ Shopkeeper 6 3 960,000 160,000 13,333 444
Service 8 3 792,000 99,000 8,250 275
Professional 16 7 1,452,000 90,750 7,563 252
Labourer 10 4 474,000 47,400 3,950 132
Jobless 19 8 0 0 0 0
Housewife 36 16 0 0 0 0
Students 22 9 0 0 0 0
Housemaid & Children 70 30 0 0 0 0
Total 232 100 7,326,834 31,581 2,632 88
Source: Derived from the Census Data of APs, December 2012.
27. The analysis reveals that about 1/3rd of the total population is economically efficient
and the rest 2/3rds are dependent. The income status of the APs was related to the poverty
line in Afghanistan. A study on “Setting of Official Poverty Line (OPL) for Afghanistan” was
carried out jointly by the Central Statistics Organization (CSO) and the World Bank in 2008.
Based on per capita minimum caloric requirements to meet the basic needs, this study
calculated the OPL for Afghanistan as 690 Afghani per capita per month. The latest
estimate of inflation–adjusted poverty line per capita per month comes to 812 Afghani. The
average daily per capita income is also more than the assumed international poverty line of
$1.25 per capita per day. The analysis indicates that all categories of the APs are earning
higher than the OPL. It is hoped that the project activities in the area will help in generating
enhanced employment opportunities, particularly for the unskilled workers in its construction
stage and also the increased business opportunities. On its completion, more working
opportunities will be generated through increased socio–economic activity in the area, thus
making positive impacts on the incomes of the local communities.
2.5.5 Indigenous & Vulnerable Persons and Female Headed Families
28. No indigenous persons were identified in the project corridor. However, one woman
headed family was identified who will be compensated as per provisions of EM.
2.5.6 Archaeological, Historical and Religious Sites
29. No archaeological, historical and religious sites were observed in the vicinity of the
proposed project corridor.
2.5.7 Infrastructure within RoW
30. No public infrastructure including telephone pole, electric poles, schools, hospitals,
offices, etc. fall within the RoW.
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2.5.8 Significance of Impacts and Project Categorization
31. A project‟s involuntary resettlement category is determined by the category of its
most sensitive component in terms of involuntary resettlement impacts. According to the
ADB approved LARF for the Program, resettlement impacts are considered significant if >
200 persons (individuals) are physically displaced from housing or lose 10% or more of their
productive assets (income generating). Such projects are classified as category “A”.
Projects which will create non-significant impacts (physically displacing < 200 people or a
loss of <10% of income generating assets) are classified as category “B” projects. In both
cases, a LARP is prepared.
32. The impact of the permanent and the temporary effects on land and loss of crops will
be minor or non-significant for all AFs in this Tranche. The number of affected families by
this subproject is 33 with a total population of 232 persons. However, the magnitude of
impact is not significant as none of the AF/AP is either being relocated or losing more than
10% of his productive asset permanently. The AFs own relatively large area and the extent
of permanent loss is very small. The analysis provided in Table 2.1and Annex-2 reveals that
extent of land loss varies from 0.11% to 1.54% of the total land holding. On overall basis it
works out to be 0.41%. The 35m wide corridor will be used temporarily as a working corridor
for installation of the new towers and stringing of the power lines.
33. Moreover, there are no vulnerable people among AFs. There is only one family
headed by a woman. A majority families are living in a joint/extended family system which
also assists in providing a safety net against external economic shocks. Finally, the overall
impacts on the villages are minor. Given the very small land acquisition impacts for the
foundations of towers, and the ability of the affected families (AFs) to continue the use of
land under towers after construction, no AF would be severely affected as mandated by the
ADB policy (i.e. losses more than 10% of its income). The Project, therefore, is classified as
Category Bas per ADB‟s involuntary resettlement safeguard policy.
3 SOCIOECONOMIC PROFILE OF AFFECTED HOUSEHOLDS
3.1 Methodology
34. A sample survey in the Project corridor was carried out to develop a socio-economic
baseline of the general population along the proposed RoW of the T/L. The survey was
conducted by a team of sociologists comprising male and female members. The total
number of AFs was taken as the sample of the study. Interviews were held with the heads of
the AFs and the female members of the family at their residences to collect socioeconomic
information of the affected population. A structured questionnaire was used for the survey.
Apart from that, consultations with community people; along with local officials of DABS and
Directorate Agriculture and Livestock were also held to gather required information.
________________________________________________________________________ Page | 9
3.2 Demographic Characteristics of the Affected People
3.2.1 Population and Family Size
The total population of the study sample works out as 232 persons comprising 118 males
and 114 females. The proportion of male and female works out as 51% and 49%,
respectively. The average family size calculates to be 7.03 members with a male to female
ratio of 1.04:1. The ratio figures are comparable with the district Taloqan figure of 1.03:1.
3.2.2 Age
35. A majority of the APs are within the age range of 18-50 years (61%), while another
significant portion is within the age range of 5 to 18 years (Table 3.1).
Table 3.1: Age Distribution of Affected Persons
Age Range (in years) Affected Persons
No. of Persons Percentage
< 5 years 12 05.17
5 - 18 51 21.98
18 - 50 142 61.21
51 - 70 25 10.78
> 70 years 2 00.86
Total 232 100.00
3.2.3 Education
36. The survey has revealed that the education status of the APs is very poor. More than
51% of the APs are illiterate and about 27% are having only elementary level education.
According to the findings of the survey, literacy is much lower for women due in large part to
the war and lack of formal education under the Taliban regime, not to forget cultural aspects
that reduce opportunity for women to attend schools. This is evidenced by the fact only 5%
of females reportedly attend elementary school in the Takhar communities surveyed in the
project corridor. The literacy levels of the affected communities are provided in Table 3.2.
Table 3.2: Literacy Status of the Affected Persons
Level of Education No of APs Percentage
Below School Going Age 14 06.03
Illiterate 118 50.86
Elementary School 63
27.16
Middle School 19 08.19
High School 17 07.33
Bachelor & Above 1 00.43
Total 232 100.00
3.2.4 Marital Status
37. According to data provided in Table 3.3, about 73% of males and 65% of females
are married. On overall basis, about 69% of the population residing along the project
corridor is married.
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Table 3.3: Marital Status of the Affected Persons
Marital Status Male Female Total
No. % No. % No. %
Married 86 72.88 74 64.91 160 68.97
Unmarried 32 27.12 40
35.09 72 31.03
Total 118 100.00 114 100.00 232 100.00
3.3 Household Characteristics
3.3.1 Family Structure and Composition
38. Majority of the AFs are extended families (62%), as provided in Table 3.4. The
number of family members ranges from 3 persons per family to 11 persons per family.
Table 3.4: Family Structure and Composition
Family Structure Number Percentage
Nuclear family households 13 39.39
Extended families households 20 60.61
Total 33 100.00
Maximum Number of People in Affected Households 11
Minimum Number of People in Affected Households 3
Average Number of People in Affected Households 7
3.3.2 Ethnic Characteristics and Religion
39. The survey has revealed that majority of the population along the project corridor
falling in both Kunduz and Takhar Provinces is Tajiks. The other dominant ethnic groups
include Pashtuns and Turkmen in Kunduz Province and Uzbek and Hazara in Takhar
Province. Among the several ethnic groups, none is particularly vulnerable and they all
equally participate in the socioeconomic activities, local political life and to the Afghan multi-
ethnic national culture. Notwithstanding their linguistic differences and cultural peculiarities,
none of these groups displays a degree of inferiority towards the others. All the households
can be termed as mainstream population. No ethnic diversity or indigenous characteristic
were observed among the AFs.
40. According to findings of the survey, 100 % of the families residing along the project
corridor were found to be followers of Islam.
3.3.3 Characteristics of the Family Heads
41. The survey has revealed that all the 33 household heads belong to the farming
community and 97% of them are headed by males and only one (3%) household is headed
by a female. Regarding age distribution, overwhelming majority of the family heads was in
active age group with almost equal distribution, as shown in Table 3.5.
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Table 3.5: Distribution of Family Heads According to Age
Age of Family Head (Years) Affected Families
No.
Percentage
Below or Equal to 30 06 18.18
31 to 40 08 24.24
41 to 50 08 24.24
51 to 60 06 18.18
61 and above 05 15.16
Total 33 100.00
42. As far as the education levels are concerned, about 1/3rd of the heads of affected
families are illiterate. Information provided in Table 3.6 shows that majority of the family
heads are educated.
Table 3.6: Education Level of Family Heads
Education Status of Family Head Details
No. Percentage
Illiterate 12 36.37
Elementary School 10 30.30
Middle School 06 18.18
High School 04 12.12
Graduate & Above 01 03.03
Total 33 100.00
3.4 Income of the Affected Families
43. Agriculture is the mainstay of the economy of the AFs and occupation of all the
heads of affected households is farming. However, 18 AFs are supported by their family
members who earn income from the sources other than agriculture4. The income of the
majority of the AFs ranges from 50,000 Afghani to 400,000 Afghani. The average annual
income of the sample households, works out as 222,025 Afghani which comes to 18,502
Afghani per household per month and 617 Afghani per household per day. The income
levels of the affected households are shown in Table 3.7.
Table 3.7: Yearly Income of Affected Households
Range of Income (Afg) Affected Families
No. Percentage
Up to 25,000 01 03.03
4The other sources of income are running the small shops, involvement in govt. or private service, providing professional
services such as hair cutting or tailoring and working as laborers (ref. Table 2.3)
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25,000-50,000 02 60.06
50,000-100,000 05 15.15
100,000-200,000 09 27.28
200,000- 400,000 11 33.33
More than 400,000 05 15.15
Total 33 100.00
3.5 Expenditure Pattern of the AFs
44. The baseline information relating to the family expenditure pattern in respect of
affected sample population is shown in Table 3.8.
Table 3.8: Average Monthly Expenditure of the AF (in Afg.)
Serial # Description of Expenditure
Expenses
Per Month % of Total
1 Food Items 4,702 29.00
2 Non – Food Items 9,403 58.00
3 Utilities 1,135 07.00
4 Health Care 937 06.00
Total Per Month 16,212 100.00
45. The data indicates that the expenditure on food and non-food items comes to about
87% whereas the expenses on utilities amount to 07% of the total household expenditure.
The expenses on health care amounts to 06%. The average family expenses come to 88%
of the average annual income of 222,025 Afghani.
3.6 Standard of Living Indicators
3.6.1 Housing
46. The information in respect of housing conditions indicates that the construction type
of majority of the houses is earthen. Of the total surveyed houses, about 88% do not have
electricity. About 70% of the houses are single storey houses with 67% of the houses
having 4 to 6 rooms and 18% having more than 6 rooms. Remaining 15% houses have less
than 4 rooms. Table 3.9 provides information about the housing of the APs in terms of the
construction type of their houses, number of rooms, type of materials used in the floor, wall
and roof, and availability of electricity.
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Table 3.9: Detail about Housing Types
Nature of Houses No. Percentage
Single Storied 23 69.70
Multi-storied 10 30.30
Total 33 100.00
No of Rooms
Less than 4 05 15.15
4 to 6 22 66.67
More than 6 06 18.18
Total 33 100.00
Floor Area (in m2)
Up to 100 05 15.15
101 to 500 22 66.67
More than 500 06 18.18
Total 33 100.00
Type of Floor Material
Earthen 22 66.67
Cemented 01 03.03
Brick and Others 10
30.30
Total 33 100.00
Type of Wall Material
Earthen 32 96.97
Bamboo Thatched 0 00.00
Plastered Brick 01 03.03
GI Sheet and Others 0 00.00
Total 33 100.00
Type of Roof Material
Earthen 0 00.00
Brick 0 00.00
Wooden 32 96.97
Cemented and Others 01 03.03
Total 33 100.00
Electricity
Authorized 04 12.12
No electricity 29 87.88
Total 33 100.00
3.6.2 Possession of Household Items
47. The information on the possession of electronics and other household items by the
families was collected to estimate their lifestyle with regard to present day technological
advancement in household goods. The survey has revealed that due to non-availability of
electricity in the area, the people along the project corridor live very simple life. The women
are most deprived because in the event of availability of electricity they can make their life
easier by using washing machines, refrigerators, electric irons, electric sewing machines,
etc. The availability of electricity and any improvement in the electricity distribution system
________________________________________________________________________ Page | 14
will make positive impacts on their socio-economic behaviours with respect to personal
attitudes, economic efficiency and acceptance of developmental activities. The data in
respect of possession of household items is provided in Table 3.10.
Table 3.10: Possession of Household Items
Sr.
No. Item
No. %
1 Refrigerator 02 6.06
2 Television 13 39.39
3 Washing Machine 01 3.03
4 Radio 18 54.55
5 LPG Connection 26 78.79
6 Bicycle 08 24.24
7 Motor Bike 06 18.18
8 Car 04 12.12
3.6.3 Available Social Amenities in the Project Corridor
48. The results of the socio-economic survey have revealed that the project corridor was
lacking in the provision of social amenities in terms of provision of health care facilities,
educational facilities particularly for the females, provision of electricity, water supply,
sewerage and gas supply. Land line telephone facility was not operating properly in the area
and about 80% of the respondents declined the availability of telephone facility in the area.
The mobile phone facility is available in the area and about 60% of the respondents were
availing this facility.
3.7 Gender and Development
3.7.1 Gender Aspects
49. Like the rest of Afghanistan, the social and cultural context of the society of Takhar
and Kunduz provinces is predominantly patriarchal and the project corridor is no exception.
Men and women are conceptually divided into two separate worlds. Home is defined as a
woman‟s legitimate ideological and physical space, while a man dominates the world
outside the home. The false ideological demarcation between public and private, inside and
outside worlds is maintained through the notion of honour and institution of purdah in
Afghanistan. In the cultural context of Afghanistan, women‟s wage work is considered a
threat to the male ego and identity. But on the other hand, women constitute about 50 % of
the country‟s population and they assume important economic roles in a wide range of
income generating activities in the agricultural and household sectors.
50. During the socio-economic survey, it was observed that routine life of a woman
revolves around her home and children. The activities they are involved in are fetching
water, cooking food, collection of fire wood, washing clothes and utensils, livestock rearing
especially goat/ sheep and livestock grazing. Social status of women is not better. They
________________________________________________________________________ Page | 15
have not equal rights in legacy and greater say in the routine life matters. The women‟s
involvement remains limited to domestic matters only. In most of the cases men sell the
agricultural products and spend the income for their families, including women. Women of
the area are in quite miserable condition due to the non-availability of basic amenities like
vocational training centre, girl‟s high schools, maternity hospital, etc.
3.7.2 Women’s Role in Socio-economic Activities
51. The survey has revealed that participation rate of women in various socio-economic
activities in the project corridor is generally high, 100% in case of household activities and
child caring. Their participation rate in case of farm/ crop activities, livestock rearing,
property matters and social obligations stood at 30%, 60%, 25%, and 65%, respectively.
Their participation in case of local representation was reported as nil.
52. As far as decision making for different activities is concerned, their involvement in
case of child caring matters was the highest, about 60% followed by 48% in case of
household activities. In case of property matters and social obligations, the decision making
rested with the women to the extent of 44% and 46%, respectively. Information in respect of
women‟s participation and decision making in the routine socio-economic life is presented in
Table 3.11.
Table 3.11: Women’s Role in Socio-economic Activities
Sr. No. Item Participation
(%) Decision
Making (%)
1 Household Activities 100.00 48.00
2 Child Caring 100.00 60.00
3 Farm/Crop Activities 30.00 0.00
4 Livestock Rearing 60.00 0.00
5 Sale & Purchase of Property 25.00 44.00
6 Social Obligations 65.00 46.00
7 Local Representation 0.00 0.00
Source: Socio-economic Survey of Project Corridor December 2012
3.8 Pressing Needs of Communities
53. People residing close to the proposed 220 kV transmission line and the people
whose land is located close to the proposed transmission line wished to have some help
from the Government for raising their quality of life. The facilities wished for are shown in the
order of priority in table 3.12. The four most preferred needs include Hospital/Dispensaries,
Electricity/Telephone/Gas, upgrading of boys and girls schools and construction of metalled
roads.
Table 3.12: Pressing Needs of the Surveyed Villages
Sr.# Pressing Need Frequency %
1 Upgrading of School 06 18.18
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2 Drinking Water Supply 04 12.12
3 Drainage System 05 15.15
4 Hospital/Dispensary 10 30.30
5 Telephone/Gas/Electricity 08 24.25
Total 33 100.00
4 LEGALANDPOLICYFRAMEWORKANDENTITLEMENTS
4.1 Policy and Legal Framework for Land Acquisition and Resettlement
54. The policy framework for the Project is based on Land Acquisition Law of
Afghanistan 2007; and the ADB policy on Involuntary Resettlement as embedded in the
approved Land Acquisition and Resettlement Framework (LARF) for tranches under MFF.
4.2 Relevant Land Acquisition and Resettlement Legislation in Afghanistan
55. The new Constitution of Afghanistan was ratified in early 2004. It has 3 articles that
closely relate to compensation and resettlement. The corresponding law relating to Land
Acquisition and Resettlement is the “Land Acquisition Law” (LAL).
4.3 Relevant LAR related Provisions from the LAL
56. For the purpose of public interest like the establishment/construction of public
infrastructure and facilitation for acquisition of land with cultural or scientific values, land of
higher agricultural productivity, large gardens, LAL provides that:
The acquisition of a plot or a portion of plot, for public interest is decided by the
Council of Ministers and will be compensated at fair value based on the current
market rates (section 2).
The acquisition of a plot or part of it should not prevent the owner from using the
rest of the property or hamper its use. If this difficulty arises, the whole property
will be acquired (section 4).
The right of the owner or land user will be terminated 3 months prior to start of
civil works on the project and after the proper reimbursement to the owner or
person using the land has been made. The termination of the right of the landlord
or the person using the land would not affect their rights on collecting their last
harvest from the land, except when there is emergency evacuation (section 6).
In case of land acquisition, the following factors shall be considered for
compensation: value of land; value of houses, buildings and the land; values of
trees, orchards and other assets on land (section 8).
The value of land depends on the category and its geographic location (section
11).
A person whose residential land is subject to acquisition will receive a new plot of
land of the same value. He has the option to get residential land or a house on
government property in exchange, under proper procedures (section 13).
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It can be arranged with the owner if he wishes to exchange his property subject to
acquisition with government land. The difference on the values of land will be
calculated (section 15).
The values of orchards, vines and trees on land under acquisition shall be
determined by the competent officials of the municipality (section 16).
4.4 ADB’s Policy on Involuntary Resettlement
The LARF for MFF was approved by the Bank in 2008. No revision of this LARF was made by the Bank before January 2010.This LARF is based on ADB‟s Involuntary Resettlement (IR) Policy (1995). The Policy provides comprehensive guidance on complying with the requirements for environmental and social safeguards (involuntary resettlement and Indigenous Peoples) in Projects. It aims to avoid or minimize the impacts on people affected by a project, and to provide support and assistance for those who lose their land and property, as well as for others whose livelihoods are affected by the acquisition of land or restriction on land use. Resettlement planning is designed to provide APs with a standard of living equal to, if not better than, that which they had before the project. The policy is guided by the following principles:
Involuntary resettlement is to be avoided or at least minimized to the possible
extent;
Compensation must ensure the maintenance or improvement of the APs‟ pre-
project living standards;
APs should be fully informed and consulted on compensation options;
APs‟ socio-cultural institutions should be supported/used as much as possible;
Compensation should be carried out with equal consideration of women and men;
Lack of formal legal land title should not be a hindrance to
assistance/rehabilitation;
Particular attention should be paid to households headed by women and
vulnerable groups, such as indigenous people and ethnic minorities, and
appropriate assistance should be provided to help them improve their status;
Land acquisition and resettlement should be conceived and executed as a part of
the Project, and the full costs of compensation should be included in project costs;
Compensation/rehabilitation assistance will be paid prior to ground levelling and
demolition, and in any case, before an impact occurs.
57. A project‟s involuntary resettlement category is determined by the category of its
most sensitive component in terms of involuntary resettlement impacts. The involuntary
resettlement impacts of an ADB-supported project are considered significant if 200 or more
persons will experience major impacts, which are defined as (i) being physically displaced
from housing, or (ii) losing 10% or more of their productive assets (income generating). The
level of detail and comprehensiveness of the resettlement plan are commensurate with the
significance of the potential impacts and risks.
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4.5 Gap Analysis between Afghanistan’s Land Acquisition Law and ADB Resettlement Policy
58. The Land Acquisition Law (LAL) of Afghanistan and the ADB policy diverge on some
key points related to the compulsory acquisition of land. The LAL does not require adequate
consultation with affected parties; it simply requires that declaration and notice be given
about temporary use of land or acquisition or resumption of land (lease) and the purposes
for which it is required. Nor does the LAL require preparation of a documenting process,
consultations with APs, or any specification of procedure for the acquisition and
compensation. Finally, the LAL does not entitle APs without title to compensation nor
provides compensation for income losses caused by LAR. Table 4-1 presents the
differences between the LAL and the ADB safeguards; and identifies the resolutions taken
on this LARP to reconcile the gaps. Any difference between Afghanistan law and ADB policy
will be resolved in favour of the latter.
Table 4.1: Comparison of ADB’s Resettlement Policy and the LAL of Afghanistan
ADB Resettlement Policy
Land Acquisition Law (LAL)
Remarks/Resolution
APsshould be fully informed and consulted in resettlement and compensation options.
National legislation does not provide for public consultation
The LARP provides for consultation and information dissemination.
APs should be compensated for all their losses at replacement cost.
Land acquisition for public interest is to be compensated based on equal/fair value according to the current market rates or land x land proceedings.
For this project compensation for land will be provided at market value. Since market value is a way to assess compensation at replacement rate there is no opposition on this point between Afghanistan law and ADB policy;
Lack of formal land title should not be a bar to compensation or rehabilitation.
LAL provides for compensation only for those who have titles and do not recognize compensation to encroachers or squatters.
The LARP provides that all APs with title, deeds or without these who are considered as legitimate owners of the land by the local Jirgas or community development councils will be compensated. Only encroachers who are not recognized as legitimate lad holders by jirga and community councils will not be compensated. However they will receive compensation for all other assets.
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ADB Resettlement Policy
Land Acquisition Law (LAL)
Remarks/Resolution
APs should be timely compensated
According to the provisions of LAL, land owners/users rights on a plot will be terminated 3 months prior to start of civil works and after compensation is given to them. The termination of the owner/user right would not affect their rights to collect their last harvest from the land, except if there is emergency
The LARP provides for crops compensation whether they have been harvested or not to avoid civil works delays and pressures on land users to harvest a crop before it is fully ripe. Land users harvesting their crops after notification of the land occupation date will not lose any part of their due compensation.
The APs should be compensated and/or assisted, so that their economic/social future is generally as favourable as it would have been without the Project.
LAL do not provide for rehabilitation compensations.
The LARP provides that compensation will be provided for crops and tower/pole bases. Significant additional impacts are not expected, but will need to be compensated by the contractor.
The LARP also provides for assistance to vulnerable and those APs to be relocated.
4.6 Remedial Measures to Bridge the Gap
59. In principle, Afghanistan‟s Laws and ADB Policy adhere not only to the objective of
compensation for affected families, but also to the objective of rehabilitation. However, to
clarify certain issues and reconcile eventual gap between Afghanistan‟s Law and ADB
Policy, the DBAS prepared a Land Acquisition and Resettlement Framework (LARF) for the
Program, ensuring compensation at replacement cost of all items, the rehabilitation of
informal settlers, and the provision of subsidies or allowances for Ahs that may be
dislocated, suffer business losses, or may be severely affected. The present LARP has
been prepared based on the ADB approved LARF.
4.7 Sub-Project Resettlement Principles
60. This LARP is prepared on the philosophy that government development projects
must serve the needs of society through implementation. Efforts have been made to ensure
that AFs would not be worse off due to project works. Existing gaps in the Afghan land laws
and ADB policy on Involuntary Resettlement have addressed in the LARF to make these
consistent with the principles of ADB‟s Policy on Involuntary Resettlement (1995). Based on
the above the following principles have been adopted from the LARF for the preparation of
this LARP.
AP/AF‟s impacts must be avoided or minimized as much as possible.
If impacts are unavoidable, the APs/AFs losing assets, livelihood or other resources will be fully compensated and/or assisted so that they improve or at least restore their former economic and social conditions.
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Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual salvaged materials.
Provincial Land Settlement Commission will facilitate changing of land use certifications of AF‟s without fee charges.
Information on the preparation/implementation of a LARP will be disclosed to all APs and people‟s participation will be ensured in LARP planning and implementation stages.
Before taking possession of the acquired lands and commencing construction, compensation will be paid in accordance with the provision described in this updated LARP. No land will be taken until the legitimate user is compensated or rehabilitated as provided in this LARP.
Lack of formal legal land title is not a bar to compensation or rehabilitation.A Grievance Redress Committee (GRC) including representatives of the APs will be established to resolve any conflicts which may arise during the compensation process.
Compensation measures will equally apply across gender lines and vulnerable groups if any identified.
AP consultation will continue during the implementation of LARP.
The full compensation of affected assets and the preparation of a compliance report by the Independent Monitoring Agency will be a condition for initiating civil works.
4.8 Compensation Eligibility & Entitlement
61. This LARP ensures that all persons affected by the acquisition of land and other
fixed assets, by change in the use of land and by the restrictions imposed by subproject
activities on land use, will get appropriate compensation and rehabilitation assistance.
4.8.1 Eligibility for Compensation
62. AFs entitled to land compensation are those with (i) title, (ii) official deed, (iii)
unofficial written deed, or (iv)AFs that in absence of these documents are declared as
legitimate traditional land holders of the land they use by the Shura, Jirga or Elders of the
local village. All AFs will be compensated for structures, crops, trees and business losses.
63. Eligibility for compensation has been determined on the basis of a cut-off date. The
Census of APs and Detailed Measurement Survey for the revised LARP were completed on
December 06, 2012 and the same has been established as cut-off date for determining
eligibility for compensation. Compensation eligibility is limited by this cut-off date. APs who
settle in the affected areas after the cut-off date have not been considered eligible for
compensation, i.e., they are not included in the list of APs.
64. People moving in the project area after the cut-off date will not be entitled to any kind
of compensation or assistance as per provision made herein. They, however, will be given
sufficient advance notice, to vacate premises/dismantle affected structures prior to project
implementation. Their dismantled structures will not be confiscated and they will not pay
fines or sanctions. Forced eviction will only be considered if all other efforts are exhausted.
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4.8.2 Compensation Entitlements
65. The entitlement provisions for APs suffering different types of losses and for
rehabilitation allowances have been made in accordance with the provisions of LARF as
detailed below:
Agricultural Land
66. Affected land will be compensated in cash based on the principle of replacement
cost. The replacement cost rate has been estimated based on a negotiation between the
APs, elders of the area, representatives of DABS and the local governments. For
determining the price of affected land, special consideration was given to the present value
of land in terms of its type, productivity, water availability, accessibility (nearness to road),
etc. A Jirga for determination of land price in the Project influence area falling in Takhar
Province was arranged on 28 March 2013 in the Directorate of Agriculture in Takhar
Province. The AFs and other concerned Chiefs in Takhar Province participated. Detailed
discussions were held in the Jirga relating to determination of market price for affected lands
and for nomination of members for the GRC. Particular importance was given to hear the
voice of the AFs on reaching consensus on the price of affected land and thereby to decide
agreeable compensation. All the participants including the AFs expressed their satisfaction
on the compensation determination process. Finally, the price which was agreed upon
ranged from 700,000 Afghani 1,500,000 Afghani per Jerib5. The agreement paper signed by
the participants is included in Annex-1.
67. There are 33 AFs whose land is falling under 42 towers that will be acquired on
permanent basis. An amount of 2,725,600 Afghani will be paid on this account. The list of
AFs showing details of their land compensation is provided in Annex-2.
Crops and Other Assets:
68. As mentioned earlier, according to the CONTRACT, it is the responsibility of the
Contractor to pay compensation for any damage to crops and trees during the construction
works. Such costs are deemed included in the Contract Price. This compensation will be
paid in cash based on the crop market value prevailing prior to causing the impact. The
Contractor has estimated the losses to crops and other assets falling in the access roads
and towers impact areas based on design details. According to these estimates, the area
affected by access roads and under towers impact works out to be 44,575m2 and
174,314m2, respectively. Total compensation for these losses has been estimated to be
2,039,710 Afghani. Confirmation of the payment to the satisfaction of APs by the contractor
with documentary proofs will be provided in the monthly progress/ internal monitoring
reports.
69. Before the start of stringing activity, the contractor will prepare a list of APs with their
individual loss of crops and trees under the approval of Project Engineer and the
compensation will be paid to the APs before 15 days of the start of stringing activity and at
the time of payment, the APs will be informed.
Vulnerable AF allowance:
70. In addition to the compensation, one-time lump sum allowance of 5,000 Afg. for
vulnerable people (APs below poverty line, disabled household heads, women household
51 Jerib=2000m2
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heads with dependents, elderly households with no means of support etc.).There is one
woman-headed household among the AFs who is eligible for this allowance.
Compensation for Unforeseen Impacts:
71. Unforeseen impacts will be documented and mitigated based on the principles
agreed in this LARP.
4.9 Project Entitlements Matrix
72. The entitlement matrix in Table 4.2 provides provisions for compensation and
entitlements as described in the likely impacts of the Project.
Table 4.2: Entitlements Matrix
Loss Type Specification Eligibility Entitlement
Permanent acquisition of agricultural land
All land losses independent from impact severity
AP with title, formal/customary deed, or traditional land right as vouched by local Jirga, elders or Community Development Council.
Compensation at replacement cost either through replacement plots of similar value or in cash based on mutually agreed replacement/current market rate of between the APs and the EA. All fees, taxes, or other charges, as applicable under relevant laws are to be borne by the EA.
Tenant/Leaseholder (registered or not)
Cash compensation equal to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years). No tenant or lease holder found at the project.
Sharecroppers (registered or not)
Cash compensation equal to the market value of the lost harvest share once (temporary impact) or twice (permanent impact). No share croppers found at the project.
Agricultural workers losing their contact
Cash indemnity corresponding to their salary (including portions in kind) for the remaining part of the agricultural year. No agriculture workers found at the project.
Squatters 1 rehabilitation allowance equal to market value of 1 gross harvest (in addition to crop compensation) for land use loss. No squatters found at the project.
Permanent Loss of Crops
Affected crops All APs (including non-title holders)
Cash compensation for one crop equal to market value of gross yield of affected land; to be paid by the EA. No crops under permanent loss at the project.
Temporary Loss of Crops
Crops affected All APs (including legal and non-title holders)
Crop compensation in cash at market rates for three crop seasons to be paid by the Contractor, for damage to crops caused at the construction of tower bases, erection of towers and stringing of conductor.
Additional cash equal to one crop assistance at current year‟s prices to purchase seeds and restore future crop activities.
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Loss Type Specification Eligibility Entitlement
Temporary land occupation
All APs including title holders and non-title holders
Rent for duration of use of area for access roads equal to potential crop
loss plus plot rehabilitation. The acquisition of land on temporary basis will be the responsibility of the Contractor as per contract document and the contractor is bound to return the land to the owner in its original form. All costs will be borne by the contractor as part of the Contract.
The contractor will prepare a section
wise list of APs being impacted by i)
the working perimeter of the
towers, ii) the access routes and iii) the
stringing operation specifying their
individual loss of crops and trees,
under the supervision and with the
approval of the Project Engineer.
Fruit and Wood Trees
Trees affected All APs (including squatters)
Fruit bearing trees will be compensated at the value of 1 harvest x the number of years needed to re-grow a tree at the same productive level of the tree lost.
Non-fruit bearing trees will be compensated at the cost of reproducing a tree to the growth level at which it was cut.
Timber trees will be compensated at the commercial value of the wood x its volume. No deductions will be applied to the value of the wood left to the AF.
Compensation to be paid by EA for affected trees falling in the land to be acquired on permanent basis.
Compensation to be paid by the Contractor in cash at market rates for affected trees falling in the RoW of TL and land to be acquired on temporary basis.
Vulnerable AP All APs 1 allowance equal to 5,000 Afg., in addition to compensation. Employment priority in project-related jobs.
Unforeseen impacts
Unforeseen impacts will be documented and mitigated based on the principles agreed in this resettlement plan
5 PUBLIC CONSULTATION AND DISCLOSURE
5.1 Consultation Undertaken for the LARP
73. Consultation with stakeholders at the different stages of the subproject is required by
ADB‟s Policy on Involuntary Resettlement and as provided for in the LARF. The consultative
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process undertaken in April 2012 and subsequent meetings, for the preparation of revised
LARP has included the affected households, relevant departments and local communities of
the area to ensure that their views have been considered in the formulation of the LARP.
74. DABS, through the PMPIC consultants has carried out a series of public
consultations along the TL route through the months between April and November 2012 and
again during March 2013. In all, 09 consultation meetings at the local level were organized
involving 138 participants. Some of the participants list and photographs are given in Annex-
3. Table 5.1 shows a summary of the consultation program.
75. The primary purpose of these meetings was to inform the affected people and the
local community about the Project and the likely impacts, resettlement policy, compensation
and grievance redress mechanism. Informal interactions and interviews with the community
people were held to ascertain their views, concerns and opinions. More importantly, each
affected family (AF) was consulted during the conduct of inventory of losses (IoL) of affected
assets and socioeconomic survey.
Table 5.1: Consultation Meetings Details
Sr.
# Date Location
No. of
Participants Purpose
1. 21-04- 2012 SMEC office
Kabul
6 The following information was
generally shared with the
participants of the meetings:
• introduction about the Project,
• affected persons‟ rights to compensation,
• grievance redress mechanism,
• process for determination of compensation, and
• cut-off date for compensation eligibility
• community awareness and consultations regarding the project‟s likely impacts
2. 24-06-2012 DABS office at
Taloqan
9
3. 25-06-2012 Bangi village,
Taloqan
6
4. 18-10-2012 DABS office at
Taloqan
8
5. 23-10-2012 DABS office at
Takhar
11
6. 11-11-2012 Aq. Masjid,
House of Haji
ZaherBaig
12
7. 25-11-2012 Agriculture
Directorate,
Taloqan
15
8. 23-03-2013 DABS office at
Takhar
10
9.
28-03-2013 Agriculture
Directorate Office
at Takhar
61
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76. The communities‟ and especially the AFs‟ responses to the proposed subproject
were found to be positive. They offered all the necessary cooperation for the construction of
the transmission line. The affected communities concerns and suggestions have been
incorporated into subproject design and will be implemented as an integral part of
resettlement activities. The major concerns raised during the consultation included the
adequacy and timeliness of compensation payments, as well as safety measures to be
taken during the construction of the towers and stringing of the transmission lines. The local
communities‟ and AFs views (awareness, perceptions and preferences) to the transmission
line subproject and resettlement related matters are summarized as follows:
• This subproject is necessary under the current local conditions;
• Compensation should be made on the prevailing market rates;
• Compensation should be provided for the crop loss falling under the tower;
• Compensation should be paid before the start of project works;
• Local skilled and unskilled labour should be used wherever possible;
• Damaged lands should be rehabilitated after the construction work is completed;
• Construction work should be completed in time.
77. In response, the Project authorities assured that the land and crop compensation will
be assessed with the consultation of AFs and the elders of the area and the payments for
land and trees on the land to be acquired on permanent basis will be made to the AFs prior
to taking the possession of such land by the DABS. For temporary land acquisition, they
were told that as per Contract, all the losses incurred along the T/L route during construction
will be paid by the Contractor. They were further told that land taken by the Contractor for
the construction of access roads will be returned from the Contractor to the owners after
bringing it to its original condition at the time of acquisition. All the payments will be made by
the Contractor to the AFs at least fifteen days prior to temporary use of land before starting
the civil works.
5.2 Compensation Options Discussed
78. In addition to the above consultations, the AFs were asked during the conduct of
census survey regarding their preferences for compensation and rehabilitation options. They
were asked whether they would prefer land or cash in lieu of affected land. All the
respondents unanimously expressed their choice for arrangement of cash compensation for
their affected lands. The project does not involve any relocation.
5.3 Consultations for the Determination of Land Prices
79. A meeting on 25 November was held between APs and the Head of Talooqan DABS
and Head of Agriculture Authority in the office of Agriculture Authority in Talooqan Province.
The purpose of the meeting was to determine the process of affected lands. It was decided
in the meeting that the representatives of Agriculture Department, KEC and SMEC
Resettlement Specialist will visit the transmission line route physically and talk with the local
people and AFs about the present market rates of different categories of land. Accordingly,
the visit was made on 03 December 2012. Afterwards, a consultation meeting was held on
28 March 2013 in the Directorate of Agriculture at Takhar Province. The meeting was
organized as a „Jirga‟ (major community meeting attended by notables and local elders) to
discuss with the AFs the land compensation rates and to nominate the representatives of
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Grievance Redress Committee (GRC). The Jirga was attended by 61 participants
comprising the Heads of the affected families, representatives of Provincial Council of
Takhar Province, Head of the Directorate of Agriculture, Director of Environment in Takhar
Province and Head and Deputy Head of DABS in Takhar Province.
80. Everyone in the Jirga meeting expressed their happiness with the project
implementation program. Particular importance was given to hear the voice of the AFs on
reaching consensus on the price of affected land and thereby to decide agreeable
compensation. All the participants including the AFs expressed their satisfaction on the
compensation determination process.
5.4 Disclosure
81. Key features of this LARP have already been disclosed to the APs through the
community level meetings, and informal interaction between the APs, consultants and PMO
personnel. The LARP disclosure will be carried out as per provisions of LARF as described
below.
• LARP in English will be posted on the ADB‟s website after its endorsement by the EA.
• An information leaflet (provided as Annex-4with LAR information including measurement of losses, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be made available in the local language (Dari) and distributed to APs. The PMO, supported by the PMPIC consultant, will distribute the booklet to the AFs/APs in order to enable them to read it by themselves and be aware of the Project‟s benefit/compensation as per the LARP provisions.
• After its approval from the ADB, the LARP will be made available in the office of the
Program Director and local level DABs office as an official public document. It will
be translated into local language (Dari) and made available to APs upon request.
The final version of the LARP will be posted on the websites of MEW and ADB.
6 GRIEVANCE REDRESS MECHANISM
6.1 General
82. Efforts will always be undertaken to prevent grievances, ensuring consultation,
communication and coordination with the AFs, the community and local level authorities in
general. Notwithstanding, complaints are sometimes unavoidable and a grievance
mechanism needs to be in place to allow the APs to append complaints to Grievance
Redress Committee (GRC). GRCs will work for any grievances involving resettlement
benefits and issues, including ensuring proper presentation of grievances, and impartial
hearings and transparent decisions.
83. APs will be fully informed of their rights to voice and resolve concerns. Through
public consultations and distribution of the public information booklet, APs will be informed
that they have a right to file complaints to GRC on any aspects of resettlement, or on any
other related grievance, and will be assisted by the ESU/PMO and supervision consultants
to report their grievance. All fees related to grievances will be covered by the EA.
84. It should be pointed out that GRC does not possess any legal mandate or authority
to resolve land issues, rather acts as an advisory body or facilitator to try to resolve issues
________________________________________________________________________ Page | 27
relating to resettlement benefits including value of compensation for affected land and other
assets. Any complaints of ownership or other suits, to be resolved by the country‟s judiciary
system, will not be resolved in GRCs. Should the APs want to pursue legal recourse,
DABS/PMO, with assistance from the PMPIC consultants, will ensure that support is given
to the AP to prepare a case. However, every effort should be exerted to avoid this
alternative because it would entail loss of time and expenses on the part of the AP.
6.2 Grievance Redress Committee
85. A Grievance Redress Committee (GRC) is proposed for the project in order to
receive and facilitate the resolution of affected peoples‟ concerns, complaints, and
grievances about the project‟s LAR performance. It should be pointed out that GRC does
not possess any legal mandate or authority to resolve land issues, rather acts as an
advisory body or facilitate to try to resolve issues relating to value of compensation for
affected land and other assets.
86. A 7-member GRCs is proposed to be formed at the project areas. In case of the
absence of any of the members during the decision-making process, an appropriate
candidate will be nominated by the original representative. However, at least five members
should execute a session for grievance resolution. A GRC is proposed to be composed of
the following members:
• Representative from MEW/DABS Convener (From the respective DABS office in the Province)
• Representative of the local administration Member (From the respective office of the Governor)
• Representative from MEW-DABS/ESU Member
• Representative from Directorate of Agriculture Member
• Representative from Provincial Council member
• Representative from PMPIC (Resettlement Specialist) Member
• Affected person or his/her duly appointed Representative Member
6.3 Proposed Measures to Address Grievance
87. Grievances will be addressed through the following steps (refer to Figure 2):
Any aggrieved AP will first produce his/her complain/grievance in writing to the
Convener of the GRC with a copy to the ESU.
Upon receipt of complaint(s), the Convener will organize a GRC hearing session
in his/her office within 10 days for resolution of the grievance(s), and preserve
all related records, proceedings, decision and recommendations. The verdicts
will be conveyed to the concerned AP through the respective DABS office in
the province.
If grievances are not resolved at the local level GRC then complaints can be
lodged at head of PMO/DABS at Kabul, where resolution will be attempted
within 14 days, with the involvement of the GRC members.
The APs can submit their case to the appropriate court of law in Afghanistan at
any stage of the process.
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Figure 2: Grievance Redress Mechanism
7 INSTITUTIONAL FRAMEWORK FOR LARP IMPLEMENTATION
7.1 Institutional Arrangements
88. The institutional arrangements for the finalization and implementation of this LARP
follow the provisions described in the approved LARF, as provided below.
7.1.1 Da Afghanistan Breshna Sherkat (DABS)
89. Several agencies in Afghanistan are involved in matters related to land
administration and land rights. However, they are currently not in a position to fully exercise
their mandates due to capacity issues and weak institutional structures. To overcome this
weakness, DABS has been entrusted with the overall responsibility for the Program
including preparation, implementation and financing of all LAR tasks and cross-agency
coordination. DABS will execute its Program related activities through Project Management
Office (PMO).
7.1.2 Project Management Office (PMO)
90. Within DABS, the Project Management Office (PMO) has been established to deal
with day to day responsibility for preparation, implementation and monitoring of LARP. As
necessary the PMO will coordinate with the Ministry of Agriculture, Irrigation and Livestock
(MAIL), Cadastre Survey Department, local Governorates, NGOs and the community
shuras, locally elected councils. The PMO will undertake the LAR activities through the
AP has a grievance
Grievance Redress Committee
Not Redressed
Resolve with PMO/DABS at Kabul
Not Redressed
Appeal to appropriate Court under the applicable Laws of Afghanistan
Redressed
Redressed
Grie
van
ce R
edre
ss C
om
mitte
e
Assisted by ESU & PMPIC
________________________________________________________________________ Page | 29
Environmental and Social Unit (ESU) that will be established in the PMO exclusively to deal
with the safeguards issues.
7.1.3 Environmental and Social Unit (ESU)
91. The ESU will be supported by the PMPIC to manage LAR activities. The ESU will be
responsible internally to monitor LARP preparation and implementation (including surveys,
asset valuation, and community consultation), LAR-related cross-agency/inter-departmental
coordination, LARP approval, prepare internal monitoring reports, approval of ToR for EMA
from ADB and select and appoint an External Monitor for independent monitoring of LARP
implementation and other LAR tasks, as assigned and ensure the availability of required
budget for the implementation of LARP.
7.1.4 Program Management and Project Implementation Consultants (PMPIC)
92. The PMPIC will support the PMO-ESU in managing the LAR activities. They will
assist in LAR planning/implementation, internal monitoring and evaluation (M&E), and
training on impact assessment and ADB resettlement policy requirements. The PMPIC will
engage one international and one national social development/ resettlement specialist to
work with the PMO-ESU on all resettlement and consultations tasks and to liaise with the
contractor to ensure smooth implementation of related social development/ resettlement
requirements.
7.1.5 External Monitoring Agency (EMA)
93. An external monitor will be engaged by the PMO to inspect the veracity of the final
design in respect of transmission line sections with and without LAR impacts. For sections
without LAR impacts, the external monitor will report to the PMO for the issuance of NOC for
the start of works on these sections. For LARP implementation, the external monitor will
certify to the PMO to the extent that all compensations have been fully implemented in the
areas identified with LAR impacts. The turnkey contractor will not be permitted to commence
civil works in impact areas until the NOC has been issued and endorsed by the PMO and
ADB.
7.2 Other Agencies and Institutions
94. Several other agencies and institutions will have a role in the preparation and
implementation of the LARP. These are:
7.2.1 Community Shuras, Local Jirgas and Community Development Councils
95. These local entities will assist in various ways the communication between DABS
and the affected communities. This includes facilitating public consultation, monitoring the
management of complaints and grievances, vouching as needed for the land occupation
status of the APs and assisting in the definition of land compensation rates where no clear
land markets are established.
7.2.2 Provincial Governments
96. This entity will ensure government functions at the provincial level, and following the
land valuation survey or negotiation, will provide official endorsement of land compensation
rates.
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7.2.3 Ministry of Finance (MOF)
97. The MOF will be responsible to release the finances needed for LARP
implementation.
7.2.4 ADB
98. ADB will provide approval of LARP being prepared in accordance with the provisions
of the approved LARF for the MFF.
7.2.5 Structure of the Institutional Arrangements
99. The institutional arrangements for the preparation and implementation of LARP have
been structured as depicted in Figure 3below.
Figure 3: Organizational Structure for Implementation of the LARP
8 LARP BUDGET AND FINANCING
8.1 General
100. This Section provides an assessment of the costs based on the LAR impacts as
identified in the LARP that will be compensated as per entitlements of different categories of
APs. The financing arrangements to compensate permanent and temporary impacts are
also discussed.
8.2 Arrangements for Financing Resettlement
101. All funds required for compensating the affected AFs losing land on permanent
basis, including providing allowances will be allocated by the government. The MOF/DABS
will ensure that adequate funds are available for carrying out resettlement according to the
budgets provided in the LARP. The PMO will coordinate allocation of funds, approval of
payments, and delivery of funds, monitoring of progress and reporting. ESU will maintain an
inventory of the affected land, crops and trees in the compensation register.
DABS PMO
ADB
ESU Resettlement Team (1x Key Resettlement Specialist
1x Junior Specialist)
PMPIC Resettlement Team (1x National Resettlement Specialist
1x International Resettlement Specialist)
Provincial DABS-PMO staff
Affected Households/Families/Persons
IMA
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102. As per Contract provisions, for all the temporary impacts incurred during construction
of transmission line, Contractor will make payments for such losses. To ensure that the
Contractor has fulfilled its social obligations vide Contract and the LARP, DABS will withhold
10 % of the Contractor's interim payments till it is satisfied to this extent. The Contractor will
maintain an inventory of the affected land, crops, trees and assets in the compensation
register with proof of payments to the APs. All the payments will be made in the presence of
local representatives, with their witness.
8.3 Budget Description
103. The only LAR impact that will be caused due to implementation of the Kunduz-
Taloqan 220kV Transmission Line is the acquisition of 4,137 m2 (0.42 Hectares) of privately
owned agricultural land. This land is owned by 33 affected families. The unit rates for
compensation ranged from Afg. 400/m2to Afg.850/m2. These rates were determined by the
project team considering the location, productivity and allied available facilities of the
affected land such as water courses, etc. Annex-2 provides details of payment to individual
APs with regard to types of towers to be installed, land affected under each tower site, unit
rates and total compensation determined for each AP. The resettlement budget will require
a total estimated amount of 4,230,720Afg (US$74,262).Out of this, 2,725,600Afg is the
direct compensation cost to the APs and800,000Afg are provided for hiring the EMA.
Contingency costs are estimated @ 20% which comes to 705,120Afg. This amount is kept
to meet the management cost of internal and external monitoring, consultation and
disclosure, administrative and other expenses. Table 8.1provides the cost estimate and
budget.
Table 8.1: Cost Estimate and LAR Budget
Item Total Cost
(Afg.)
Total Costs*
(US$) A. Compensation for Land
Rate/ m2 No. of Towers Affected Land (m2)
400 7 695 278,000 4,880
500 8 1,240 620,000 10,883
750 6 441 330,750 5,806
850 21 1,761 1,496,850 26,274
Sub-Total 42 4,137 2,725,600 47,843
B. Hiring of External Monitoring Agency for 2 Months 800,000 14,042
C. Contingencies @ 20% of A+B 705,120 12,377
D. Total Land Acquisition and Resettlement Budget (A+B+C)
4,230,720 74,262
*1 US$= 56.97Afghani dated 16 April 2014
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9 IMPLEMENTATION SCHEDULE AND PREPARATORY ACTIONS
9.1 LARP Implementation
104. DABS will begin the implementation process of the LARP immediately after its
approval by the ADB. Grievances or objections (if any) will be redressed as per grievance
redress procedure adopted in this LARP. The steps for the delivery of compensation for all
eligible AHs/APs will be the following :
Preparation of invoices: Invoices for each of the eligible AHs/APs will be prepared
by ESU-PMO. This document entitles each of the AHs/APs to receive the amount
indicated in the invoice.
Delivery of the money to local bank: The money from DABS will be remitted to a
bank in Taloqan city. A bank account will be opened by the DABS/PMO solely for the
Kanduz-Taloqan 220kV D/C Transmission Line compensation payments.
Payment: Each AH/AP will receive a cash/cheque for his compensation amount
from the PMO as per procedure laid down in the law. The AH/AP shall sign a
document acknowledging the receipt of the whole compensation and a waiver
attesting that he/she has no longer any type of pending claim. A photograph shall be
taken with the AH/AP receiving the compensation as record of proof and as part of
project documentation.
Identity of Person: At the time of receiving the compensation cash/cheques, the
AHs/APs will present their National Identity Card (NIC). Persons without NICs will
have to prove their legal entity for the receipt of compensation.
9.2 Implementation Schedule
105. Civil work has been initiated in areas without impact. However, civil works are not
initiated in areas with impact and its initiation is conditional to the finalization of LARP and its
satisfactory implementation.
106. Figure 4 presents the Implementation Schedule of the LARP. The earliest time for
financial resources for resettlement aspects of the project are expected to be available in
mid-2014, and thereby to commence implementation of the LARP.
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Figure 4: LARP Preparation and Implementation Schedule
LARP Implementation Tasks June
2014
July
2014
August
2014
September
2014
Allocation/release of LAR fund
Mobilization of EMA
Payment of Compensation
Grievance Redress
External Monitoring
Preparation of Compliance Report by External
Monitor
Notice to proceed for Civil Works
Internal Monitoring : Monthly Progress
Reporting to the Bank
External Monitoring(to be continued over one year)
10 MONITORING AND EVALUATION
107. There are no AHs who have impact in terms of losing more than 10% of their land or
livelihood. Construction has not been initiated in areas impacted by LAR. To ensure further
compliance with ADB policy, both internal and external monitoring of the LARP
implementation is required.
10.1 Internal Monitoring
108. Internal monitoring of all resettlement and consultation tasks and reporting to ADB
will be conducted by the Environmental and Social Unit (ESU) within the PMO, assisted by
the national and international social safeguards/resettlement specialists. Internal monitoring
will include reporting on progress in the activities envisaged in the implementation schedule
with particular focus on public consultations, land purchase, record of grievances and status
of complaints, financial disbursements, and level of satisfaction among APs. Potential
indicators for internal monitoring are briefed in the following Table 10.1.
Table 10.1: Internal Monitoring
Monitoring Issues Monitoring Indicators
Budget and Timeframe
Have all safeguard staff under ESU been appointed and mobilized for field and office work?
Have capacity building and training activities been completed?
Are resettlement implementation activities being achieved against agreed implementation plan?
Are funds for resettlement being allocated on time?
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Monitoring Issues Monitoring Indicators
Have PMO received the requisite funds for LARP implementation?
Have funds been disbursed according to LARP?
Payment of Compensation to the AP
Have all APs received entitlements according to categories of loss as defined in the entitlement matrix?
If not, then what are the reasons?
Payment of Compensation for Temporary Losses
Has the contractor made an assessment of crop and other losses?
Has the contractor made payments to the affected persons of their losses?
Are the affected persons satisfied with the payments made by the contractor on account of temporary losses?
Has the contractor signed agreements with the owners whose land has been (or to be) taken for access roads?
Consultation and Disclosure
Have consultations taken place as a continuous activity during construction of T/L?
Have brochures/leaflets containing resettlement information been prepared and distributed to the APs?
Grievances Redress Has the GRC as described in the LARP been notified?
Have any APs gone for the grievance redress procedures and whatwere the outcomes?
10.2 External Monitoring
109. An External Monitoring Agency (EMA) or individual expert, with the concurrence of
ADB, will be engaged by the PMO upon approval of the LARP. External monitoring will be
carried out twice a year and its results will be communicated to the PMU and ADB through
semi-annual reports. The EMA will be recruited on an intermittent basis up to one year after
the project works are completed. The EMA will also be responsible for (i) issuing a no-
objection certification to proceed with work in sections of lots of the subproject where there
is no land acquisition and (ii) for sections or lots where there is land acquisition and
resettlement, no-objection to proceed after completing an audit confirming that all
compensation and related resettlement assistance in cash or kind has been delivered to the
affected households. A copy of the no-objection certificate (NOC) will be submitted to the
PMU (ESU), implementation consultant and ADB simultaneously. The EMA will also assess
the status of project affected vulnerable groups such as female-headed households,
disabled/elderly and poor families. The reports prepared by the EMA will include an
assessment of the compensation process for temporary loss of land and associated crop
and tree loss. The following will be considered as the basis to develop the indicators for
monitoring and evaluation of the project:
Socio-economic conditions of the APs in the post-resettlement period;
Communications and reactions from APs on entitlements, compensation, options, alternative developments and relocation timetables etc.;
Changes in housing and income levels;
Rehabilitation of squatters;
Valuation of property;
Grievance procedures;
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Disbursement of compensation; and
Level of satisfaction of APs in the post resettlement period. 110. The EMA will carry out a post-implementation evaluation of the LARP about 1 year
after its implementation. The compelling reason for this study is to find out whether the
LARP objectives were attained or not. The socioeconomic survey base-line will be used to
compare pre- and post- project conditions. The EMA will recommend supplemental
assistance for the APs in case the outcome of the study shows that the objectives of the
LARP have not been attained.
10.3 Reporting
111. Resettlement monitoring reports prepared by the EMA will be sent to ADB semi-
annually, along with regular progress reports. The monitoring reports will be posted on ADB
website, and relevant information from these reports will be disclosed in the project areas in
local Dari language.
Islamic Republic of Afghanistan Annex-1 LARP Da Afghanistan BreshnaSherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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Annex-1 Community Agreement on Land Price– Kunduz&Takhar Provinces
112.
113.
114. Annex-3
8 Hamal 1392; 28th
March -2013: A joint meeting between DABS of Takhar, PMO, SMEC, Environment department of Takhar province agriculture Department of takhar, KEC and members of Community Development Council (CDC) including APs of Qulbarz, Bangee, BaghMiree , village of Takhar Province under surveillance of Director of Agriculture Department , Director of Environment Department , and Director of Takhar DABS. (Representative of PMO, representative of Taloqan Municipality) is arranged to discuss values of the lands which fall under 220 kV transmission line towers from Kunduz substation towards Taloqan Sub Station. In this meeting, Representatives of APs, CDC members and all representatives that mentioned above participated Final Decision made by the meeting members: After multilateral agreement on value of a Jerib of land, the participants agreed on 3 categories 500,000 Afg 700,000 Afg, and 1,500,000 Afg per Jerib of land for kunduz – Taloqan 220kv transmission line .We, the participants, herein agree with the price agreed by the Jirga. Signed and stamped by: CDC members & representatives of APs:
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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Annex-2
Sr. #
Tower ID#
Tower Type
Type of Land
Total Land Affected
Area (M
2 )
Affected as % of Total Area
Rate/Sq.M. (Afg.)
Compe-nsation (Afg.) Jerib M
2
1 34/2 Irrigated 10 20000 100 0.50 50000
A+E0+6 100 500 50000
2 33/0, 34/0, 34/1
Irrigated 18 36000 554 1.54 262600
B+E0+0 121 500 60500
C+E0+6 144 400 57600
C+E0+15 289 500 144500
3 49/0 Irrigated 16 32000 196 0.61 166600
C+E0+6 196 850 166600
4 47/2 Irrigated 12 24000 64 0.27 54400
A+EO+0 64 850 54400
5 50/0 Irrigated 15 30000 121 0.40 102850
B+E0+0 121 850 102850
6 44/6 Irrigated 10 20000 64 0.32 48000
A+E0+0 64 750 48000
7 46/0 Irrigated 8 16000 121 0.76 102850
B+E0+3 121 850 102850
8 50/3 Irrigated 20 40000 64 0.16 54400
A+E0+0 64 850 54400
9
32/0, 31/2, 31/1, 31/0
Rainfed 15 30000 370 1.23 148000
A+E0+0 64 400 25600
A+E0+0 64 400 25600
B+E0+0 121 400 48400
B+E0+0 121 400 48400
10 50/1, 50/2
Irrigated 20 40000 128 0.32 108800
A+E0+0 64 850 54400
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A+E0+0 64 850 54400
11 34/0 Irrigated 17 34000 289 0.85 144500
C+EO+1
5 289 500 144500
12 47/10 Irrigated 18 36000 64 0.18 54400
A+E0+0 64 850 54400
13 48/0 Irrigated 15 30000 121 0.40 102850
B+E0+3 121 850 102850
14 45/1 Irrigated 10 20000 64 0.32 54400
A+EO+0 64 850 54400
15 44/1 Irrigated 8 16000 64 0.40 48000
A+E0+0 64 750 48000
16 44/2 Irrigated 12 24000 64 0.27 48000
A+E0+0 64 750 48000
17 44/5 Irrigated 10 20000 64 0.32 48000
A+E0+0 64 750 48000
18 45/2 Irrigated 17 34000 64 0.19 48000
A+E0+0 64 750 48000
19 46/1 Irrigated 5 10000 64 0.64 54400
A+E0+0 64 850 54400
20 52/1 Irrigated 13 26000 144 0.55 72000
B+E0+6 144 500 72000
21 44/3 Irrigated 19 38000 64 0.17 54400
A+E0+1 64 850 54400
22 47/9 Irrigated 8 16000 64 0.40 54400
A+E0+0 64 850 54400
23 50/5 Irrigated 28 56000 64 0.11 32000
A+E0+0 64 500 32000
24 50/4 Irrigated 25 50000 64 0.13 32000
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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A+E0+0 64 500 32000
25 47/7, 47/8
Irrigated 23 46000 128 0.28 108800
A+E0+0 64 850 54,400
A+E0+0 64 850 54,400
26 52/0 Irrigated 15 30000 169 0.56 84500
C+EO+6 169 500 84500
27 32/1, 32/2
Irrigated 10 20000 181 0.91 72400
A+E0+1 81 400 32400
A+E0+6 100 400 40000
28 50/1, 50/2
Irrigated 12 24000 128 0.53 108800
A+E0+0 64 850 54400
A+E0+0 64 850 54400
29 47/3 Irrigated 19 38000 64 0.17 54400
A+E0+0 64 850 54400
30 47/9 Irrigated 20 40000 64 0.16 54400
A+E0+0 64 850 54400
31 45/0 Irrigated 26 52000 121 0.23 90750
B+E0+3 121 750 90750
32 48/0 Irrigated 15 30000 121 0.40 102850
B+E0+0 121 850 102850
33 46/0 Irrigated 17 34000 121 0.36 102850
B+E0+3 121 850 102850
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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Annex 3
List of Participants of Consultation Meetings and Jirga
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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List of the affected people who were participated in Consulting for agreement on land price
No
Village
Mobile Number
1 Tashguzar 0700715922
2 Qolbarz 0775429847
3 Tashguzar No
4 Aaq Masjid No
5 Qolbarz 0772763473
6 Tijarbashi 0788486837
7 Qolbarz 0781816912
8 Aaq Masjid 0781173215
9 Aaq Masjid 0783286511
10 QabrQazi No
11 Tashgozar 0774525923
12 Tashgozar 0782524432
13 GunjilBagh 0783484960
14 GunjilBagh 0772481561
15 GunjilBagh 0771033512
16 Gonjilbagh 0782965929
17 Qolbarzbagh mire 0780714365
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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Meetings to facilitate LARP preparation
Head of the Directorate of Agriculture and Head of DABS in Takhar Province, DABS-PMO Engineers and PMPIC Consultant are discussing on working strategy relating to the conduct of Jirga due to held on 28 March 2013 Venue: Provincial DABS office in Takhar Date: 26 March, 2013
PMPIC Consultants are facilitating the agreement of the affected persons in the process of reaching consensus on negotiated market price of land in Takhar Province. Date: 28 March, 2013
Jirga is taking place on the strategy to determine the actual owners of affected land. Venue: Directorate of Agriculture in Takhar Province Date: 28 March, 2013
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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Annex-4
Islamic Republic of Afghanistan
Da Afghanistan Breshna Sherkat (DABS) Ministry of Energy and Water
PUBLIC INFORMATION BOOKLET On
Resettlement and Compensation Kunduz-Taloqan 220kV Transmission Line
April 2014
1. Introduction
Asian Development Bank (ADB) is financing energy projects in Afghanistan through Energy
Sector Development Investment Program (ESDIP). The construction of 73 km long Kunduz -
Taloqan 220 kV double circuit Transmission Line is a sub-project under this Program. The
Project is part of the North East Power System (NEPS) that connects northern and eastern
Afghanistan, and also facilitates power import from Tajikistan, Uzbekistan and Turkmenistan.
The project will be executed by the Da Afghanistan Breshna Sherkat (DABS - Afghanistan
Electricity Corporation), through its Program Management Office (PMO), supported by a
Program Management and Project Implementation Consultants (PMPIC). This revised Land
Acquisition and Resettlement Plan (LARP) for Kunduz - Taloqan 220 kV double circuit
Transmission Line subproject has been prepared by DABS through its PMPIC according to the
provisions of ADB approved Land Acquisition and Resettlement Framework (LARF) for the
program. The transmission line will improve the transmission and distribution network in the two
central cities of Kunduz and Taloqan under Kunduz and Takhar provinces respectively.
2. Project Description
The transmission route will run from the proposed new 220kV switchyard at Kunduz to the
existing 220/110kV substation at Taloqan. It will pass through city and rural areas, over public
and private land, and will cross over the River Khanabad that flows from Badakhsan to Kunduz
through Taloqan. The Project area within the geographic coverage of these two provinces is
bounded to the south by the Baghlan Province, to the east by the Badakhshan Province, to the
west by the Samagan Province, and bordering Tajikistan in the north.
The RoW of the transmission line is 35m (17.5m on each side from the centre line of T/L). The
T/L will involve construction of 225 towers including three phases of construction, towers
erection and stringing. Besides land acquisition on permanent basis, land will also be acquired
on temporary basis for the construction of access roads by the contractor to the tower sites.
Other impacts include effect on crops due to temporary land acquisition for erection and
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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transportation of towers, as well as effect on trees due to conductor stringing. Apart from land
and trees impacts, the project will not impact any structures (residential & commercial), public
and common property resources, assets or sources of livelihoods.
3. Contractor’s Responsibility
According to the Contract of the Project, the Contractor shall avoid or minimize any damage to
crops and trees during construction. The Contract also states that, with regards to access roads,
it is the responsibility of the Contractor to ensure the adequacy of such roads, as well as tracks
to tower sites. All the access roads will be considered as temporary construction roads, of which
the Contractor is in charge. The Contractor will pay for any loss of crops and assets incurred
during construction of transmission line. All access roads shall be reinstated by the contractor
after the completion of construction and the land returned to the owners in original condition.
4. Land Acquisition and Resettlement Plan
This Land Acquisition and Resettlement Plan (LARP) for sub project has been prepared to
address the social and resettlement issues in accordance with the ADB‟s safeguard policies,
and Resettlement frame work prepared for the Energy Sector Development Improvement
Program (ESDIP). The specific objectives of the RP are as under:
Provide an assessment of the Impacts on the local population;
Quantify the impacts on private land and crops to be affected with the construction of transmission line;
Provide a strategy to ensure timely acquisition of assets, payment of compensation and other benefits to the APs to ensure timely completion of project works;
Give and over-all estimate of the required funds needed to implement the resettlement plan.
5. Eligibility for Entitlements of Compensation
AFs entitled to land compensation are those with (i) title, (ii) official deed, (iii) unofficial written
deed, or (iv) AFs that in absence of these documents are declared as legitimate traditional land
holders of the land they use by the Shura, Jirga or Elders of the local village, (v) vulnerable
households including women headed households. All AFs will be compensated for structures,
crops, trees and business losses.
6. Cut-Off Date
Eligibility for compensation has been determined on the basis of a cut-off date. The Census of
APs and Detailed Measurement Survey for the revised LARP were completed on December 06,
2012 and the same has been established as cut-off date for determining eligibility for
compensation. Compensation eligibility is limited by this cut-off date. APs who settle in the
affected areas after the cut-off date have not been considered eligible for compensation, i.e.,
Islamic Republic of Afghanistan Annex-2 LARP Da Afghanistan Breshna Sherkat (DABS) Kunduz-Taloqan 220 kV Transmission Line Energy Sector Development Investment Program _____________________________________________________________________________________________
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they are not included in the list of APs. People moving in the project area after the cut-off date
will not be entitled to any kind of compensation or assistance as per provision made herein.
7. Impacts of the Project
According to the final design, 33 farming families with a population of 232 persons (APs) will be
affected by loss of land. Total land to be acquired on permanent basis works out to be 0.42
hectares, as provided in Table-1.
Table-1: Land Acquisition on Permanent Basis for the Proposed Transmission Line Subproject
Type of Tower No. of Towers Affected Land
M2 Hectares
A 27 1817 0.182
B 10 1233 0.123
C 05 1087 0.109
Total 42 4137 0.414
Apart from these, other impacts include effect on crops and trees due to temporary land
acquisition for transporting the machinery and equipment for the construction of transmission
line and stringing of conductor. Based on the Contractor‟s field assessment, the land that will
come under access roads and towers working perimeter will be 44575m2 and 174314m2,
respectively. It is estimated that 18.60km long, 35m wide corridor (under 62 towers with an
average span of 300m) will further affect 65.11ha of land during stringing activity. With a 20%
cushion of surrounding fields for movement of machinery the total affected land will be around
78.12ha. The Project will not require acquisition of any residential houses or buildings and will
not cause any significant impact involving physical displacement of any household. The extent
of temporary impacts is shown in Table-2.
Table-2: Temporary Resettlement Impacts of Proposed Transmission Line Subproject
Affected Asset Unit Quantity
Temporarily Affected Area Around Tower Foundations M2 174314
Ha. 17.44
Temporarily Affected Area under Access Roads M2 44575
Ha. 4.46
Temporarily Affected Area under T/L RoW (with 20% cushion) for Stringing Activity
M2 781200
Ha. 78.12
8. Compensation Entitlements
The entitlement provisions for APs suffering different types of losses and for rehabilitation
allowances have been made as detailed below:
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Agricultural Land
Affected land has been compensated in cash based on replacement cost. The replacement cost
rate has been estimated based on a negotiation between the APs, elders of the area,
representatives of DABS and the local governments. A Jirga for determination of land price in
the Project influence area falling in Takhar Province was arranged on 28 March 2013 in the
Directorate of Agriculture in Takhar Province. The AFs and other concerned Chiefs in Takhar
Province participated. Detailed discussions were held in the Jirga relating to determination of
market price for affected lands and for nomination of members for the GRC. Particular
importance was given to hear the voice of the AFs on reaching consensus on the price of
affected land and thereby to decide agreeable compensation. All the participants including the
AFs expressed their satisfaction on the compensation determination process. Finally, the price
which was agreed upon was ranging from 700000 Afghani 1500000 Afghani per Jerib.
There are 33 AFs whose land is falling under 42 towers that will be acquired on permanent
basis. An amount of 2,725,600 Afghani will be paid on this account. The list of AFs showing
details of their land compensation is provided in Annex-1.
Crops and Other Assets
According to the CONTRACT, it is the responsibility of the Contractor to pay compensation for
any damage to crops and trees during the construction works. This compensation will be paid in
cash based on the crop market value prevailing prior to causing the impact. The Contractor has
prepared a list of losses to crops and other assets falling in the access roads and towers impact
areas.
Confirmation of the payment to the APs by the contractor with documentary proofs will be
provided in the monthly progress reports. Before the start of stringing activity, the contractor will
prepare a list of APs with their individual loss of crops and trees under the approval of Project
Engineer and the compensation will be paid to the APs before 15 days of the start of stringing
activity and at the time of payment, the APs will be informed.
Allowance for Vulnerable AF
In addition to the compensation, one-time lump sum allowance of 5,000 Afg. for vulnerable
people (APs below poverty line, disabled household heads, women household heads with
dependents, elderly households with no means of support etc.).
9. Project Entitlements Matrix
The entitlement matrix provides provisions for compensation and entitlements for the likely
impacts of the Project. The entitlement matrix is provided in Table 2.
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Table-2: Entitlements Matrix
Loss Type Specification Eligibility Entitlement
Permanent acquisition of agricultural land
All land losses independent from impact severity
AP with title, formal/customary deed, or traditional land right as vouched by local Jirga, elders or Community Development Council.
Compensation at replacement cost either through replacement plots of similar value or in cash based on mutually agreed replacement/ current market rate of between the APs and the EA. All fees, taxes, or other charges, as applicable under relevant laws are to be borne by the EA.
Tenant/Lease holder (registered or not)
Cash compensation equal to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years). No tenant or lease holder found at the project.
Sharecroppers (registered or not)
Cash compensation equal to the market value of the lost harvest share once (temporary impact) or twice (permanent impact). No share croppers found at the project.
Agricultural workers losing their contact
Cash indemnity corresponding to their salary (including portions in kind) for the remaining part of the agricultural year. No agriculture workers found at the project.
Squatters 1 rehabilitation allowance equal to market value of 1 gross harvest (in addition to crop compensation) for land use loss. No squatters found at the project.
Permanent Loss of Crops
Affected crops All APs (including non-title holders)
Cash compensation for one crop equal to market value of gross yield of affected land; to be paid by the EA. No crops under permanent loss at the project.
Temporary Loss of Crops
Crops affected All APs (including legal and non-title holders)
Crop compensation in cash at market rates for three crop seasons to be paid by the Contractor, for damage to crops caused at the construction of tower bases, erection of towers and stringing of conductor.
Additional cash equal to one crop assistance at current year‟s prices to purchase seeds and restore future crop activities.
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Temporary land occupation
All APs including title holders and non-title holders
Rent for duration of use of area for access roads equal to potential crop loss plus plot rehabilitation. The acquisition of land on temporary basis will be the responsibility of the Contractor as per contract document and the contractor is bound to return the land to the owner in its original form. All costs will be borne by the contractor as part of the Contract.
The contractor will prepare a section wise list of APs being impacted by i) the working perimeter of the towers, ii) the access routes and iii) the stringing operation specifying their individual loss of crops and trees, under the supervision and with the approval of the Project Engineer.
Fruit and Wood Trees
Trees affected All APs (including squatters)
Fruit bearing trees will be compensated at the value of 1 harvest x the number of years needed to re-grow a tree at the same productive level of the tree lost.
Non-fruit bearing trees will be compensated at the cost of reproducing a tree to the growth level at which it was cut.
Timber trees will be compensated at the commercial value of the wood x its volume. No deductions will be applied to the value of the wood left to the AF.
Compensation to be paid by EA for affected trees falling in the land to be acquired on permanent basis.
Compensation to be paid by the Contractor in cash at market rates for affected trees falling in the RoW of TL and land to be acquired on temporary basis.
Vulnerable AP
All APs 1 allowance equal to 5,000 Afg., in addition to compensation. Employment priority in project-related jobs.
Unforeseen impacts
Unforeseen impacts will be documented and mitigated based on the principles agreed in this resettlement plan
10. Grievance Redress Mechanism
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A grievance redress mechanism will be available to allow an AP appealing any disagree-able decision, practice or activity arising from land or other asset compensation. The main objective of the grievance redress procedure is to provide a mechanism to mediate conflict and cut down lengthy litigation which may delay this development sub-project.
A Grievance Redress Committee (GRC) is proposed for the project in order to receive and
facilitate the resolution of affected peoples‟ concerns, complaints, and grievances about the
project‟s LAR performance. A GRC is proposed to be composed of the following members:
• Representative from MEW/DABS Convener
(from the respective DABS office in the Province)
• Representative of the local administration Member
(from the respective office of the Governor)
• Representative from MEW-DABS/ESU Member
• Representative from Directorate of Agriculture Member
• Representative from Provincial Council member
• Representative from PMPIC (Resettlement Specialist) Member
• Affected person or his/her duly appointed Representative Member
11. Grievance Redress Procedure
Grievances will be addressed through the following procedures.
1. Any aggrieved AP will first produce his/her complain/grievance in writing to the Convener of the GRC with a copy to the ESU.
2. Upon receipt of complaint(s), the Convener will organize a GRC hearing session in his/her office within 10 days for resolution of the grievance(s), and preserve all related records, proceedings, decision and recommendations. The verdicts will be conveyed to the concerned AP through the respective DABS office in the province.
3. If grievances are not resolved at the local level GRC then complaints can be lodged at head of PMO/DABS at Kabul, where resolution will be attempted within 14 days, with the involvement of the GRC members.
4. If the grievance is still not settled within 14 days the APs can then submit their case to the appropriate court of law in Afghanistan.
12. LARP Budget and Financing
All funds required for compensating the AFs including allowances, losing their land on permanent basis will be allocated by the government. The PMO will coordinate allocation of funds, approval of payments, and delivery of funds, monitoring of progress and reporting. The total compensation for land and allowances has been estimated to be 2,730,600 Afg. The acquisition of land on temporary basis will be the responsibility of the Contractor as per contract document and the contractor is bound to return the land to the owner in its original
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form. All costs will be borne by the contractor as part of the Contract and payments to APs will be reported in the monthly progress reports.
13. Timing of Payment
According to the project implementation schedule, the payment of compensation will be
completed by mid-August2014.
14. Contact Persons
For any further enquiry, details about the project and status of implementation of LARP, the APs
and other stakeholders may contact the following persons at any time.
At PMO – DABS, Kabul
Eng. Adbullah Sajid, Head of Engineering –DP / PMO – DABS / Kabul. Phone contact in Kabul: +93 778816889 E-mail :[email protected]
At Taloqan
Haji Mohammad Momand, Director – DABS, Taloqan. Phone: +93 (0) 729004050 E_mail:[email protected]
At Kanduz
Eng. Hamidullah, Director – DABS, Khunduz. Phone contact Kunduz: +93 799 217 019 Email: [email protected]
Annex-1: Details of Land Compensation
Sr.# Tower ID#
Area M2 Compensation (Afg.)
1 34/2 100 50000
2 33/0, 34/0, 34/1 554 262600
3 49/0 196 166600
4 47/2 64 54400
5 50/0 121 102850
6 44/6 64 48000
7 46/0 121 102850
8 50/3 64 54400
9 32/0, 31/2, 31/1, 31/0 370 148000
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10 50/1, 50/2 128 108800
11 34/0 289 144500
12 47/10 64 54400
13 48/0 121 102850
14 45/1 64 54400
15 44/1 64 48000
16 44/2 64 48000
17 44/5 64 48000
18 45/2 64 48000
19 46/1 64 54400
20 52/1 144 72000
21 44/3 64 54400
22 47/9 64 54400
23 50/5 64 32000
24 50/4 64 32000
25 47/7, 47/8 128 108800
26 52/0 169 84500
27 32/1, 32/2 181 72400
28 50/1, 50/2 128 108800
29 47/3 64 54400
30 47/9 64 54400
31 45/0 121 90750
32 48/0 121 102850
33 46/0 121 102850