SHORT LAND ACQUISITION AND RESETTLEMENT PLAN (SLARP)

Project Number 7088-AFG

AFG: WATER RESOURCE DEVELOPMENT PROGRAM

Multitranche Financing Facility

Ministry of Energy and Water

Afghanistan

July 2009

2 

LIST OF ACRONYMS ADB Asian Development Bank Afs Afghanis (currency of Afghanistan) APs/AFs Affected Parties / Affected Families COI Corridor of Impact EA Executing Agency EMA External Monitoring Agency ESSU Environmental and Social safeguard Unit DMS Detailed Measurement Survey SLARP Short Land Acquisition and Resettlement Plan MOF Ministry Of Finance ISCs Implementation and Supervision Consultants IR Involuntary Resettlement LAL Land Acquisition Law LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan MAIL Ministry of Agriculture, Irrigation and Livestock MEW Ministry of Energy and Water M&E Monitoring and Evaluation MFF Multitranche Financing Facility NGO Non Government Organization NOC No-objection Certificate PIO Project Implementation Office PMO Project Management Office R&R Resettlement and Rehabilitation RPs Resettlement Plans RRP Report and Recommendation of the President SIA Social Impact Assessment SLARP Short Land Acquisition and Resettlement Plan TOR Terms Of Reference

3 

GLOSSARY Affected Family: All members of a family living under one roof and operating as a single social unit, who are affected by the project or its component. Affected Person/People: All the people affected by the project through land acquisition, relocation, loss of income and livelihood or any other type of loss; include any person (men. women, children, disabled, sick, refugees, etc.), household, firms, public or private organization, community organizations, religious institutions. Accordingly, APs include: (a) persons whose place of living is affected (b) farmers and nomads whose main form of livelihood is affected due to loss of trees, crops, grazing areas, forests, etc. (c) persons whose businesses are affected and who may experience loss of their business income due to project activities (d) persons who loose their employment and income due to project activities and (e) persons who loose their community activities, contacts and resources due to project impacts. Compensation: Payment in cash or in kind as cost of replacement of their assets, resources and income opportunities due to the project. Cut-off date: The date after which affected people will nit be considered eligible for receiving compensation. They are hence not included in the list of APs/AFs as defined by the survey census. Under normal circumstances, cut-off date is the date on which the Detailed Measurement Survey will be commenced. Detailed Measurement Survey: The detailed inventory of losses that is completed after detailed design and after marking of project boundaries on the ground. Entitlement: Range of measures comprising of compensation, income restoration, transfer assistance, income substitution, Income Restoration: The process of re-establishing AP’s income to the level s/he enjoyed prior to relocation Inventory of Losses: The pre-appraisal inventory of assets as a preliminary record of affected and/or lost assets Jireeb: Local measurement of area. Approximately 4.50 jireebs are equivalent to one hectare Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land the person owns or possesses to the ownership and possession of the government agency requiring the land for public purpose in return for compensation Livelihood: The total package of earnings either in cash or kind a person generates for his/her survival Mirabs: Traditional leaders known as “Water Masters” who assist farmers in water management and irrigation infrastructure operation and maintenance work No-Objection-Certificate: The certificate issued by ADB after conducting a comprehensive audit to ensure that APs and their assets have been completely removed from the site to begin civil work Non-titled: Those who have no recognizable rights or claims to the land that they are occupying. Also, 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 for the land that they occupy Poor: Those falling below the official national poverty line (equivalent to 2,350 calories per day) of Afghani 700 per person per month (2009) Rehabilitation: Compensatory measures provided under the policy framework on involuntary resettlement other than payment of the replacement cost of acquired assets Relocation: Physical relocation of an AP from a pre-project location of his/her residence Shura: The formal institution established for coordination and implementation of all development activities including conflicts resolution at the community level.

4 

CONTENTS  A. BACKGROUND AND PROGRAM DESCRIPTION ................................................................ 5 B. OBJECTIVES OF SLARP .........................................................................................................11 C. PARTICIPATORY CONSULTATION AND IMPACT ASSESSMENT ...............................11 D. ISSUES RELATING TO INDEGENOUS PEOPLE AND ETHNIC MINORITIES .............14 E. GENDER ISSUES.......................................................................................................................14 F. RELOCATION .............................................................................................................................14 G. LEGAL AND POLICY BACKGROUND ..................................................................................14 H. THE PROGRAM COMPENSATION ELIGIBILITY AND ENTITLEMENTS ......................15

a. Eligibility and Entitlements ........................................................................................................15

b. Assessment of Compensation Unit Values ................................................................................17

I. PUBLIC PARTICIPATION AND DOCUMENTS DISCLOSURE.........................................18 J. INSTITUTIONAL ARRANGEMENTS ......................................................................................19

a. MEW...........................................................................................................................................19

b. Implementation and Supervision Consultants...........................................................................19

c. Local Governments.....................................................................................................................19

d. Central Government ..................................................................................................................19

K. GRIEVANCE REDRESS PROCESS.......................................................................................20 L. RESETTLEMENT COST ESTIMATES ...................................................................................22

a. Assets acquisition and compensation costs...............................................................................22

b. SLARP implementation and support costs.................................................................................23

M. MONITORING AND EVALUATION.........................................................................................25 N. IMPLEMENTATION PROCESS ...............................................................................................25

APPENDICES...........................................................................................................................................29 Appendix 1: List of People Consulted..............................................................................................29

Appendix 2: Social Assessment Methods, Purpose and Outcome ..........................................30

 

5 

SHORT LAND ACQUISITION AND RESETTLEMENT PLAN

A. BACKGROUND AND PROGRAM DESCRIPTION 1. The Government has asked ADB to finance a portion of its Afghanistan National Development Strategy (ANDS) water sector investment program, over a period of 10 years through a multitranche financing facility (MFF). The amount proposed is $303 million. A set of investments has been and will be prepared under the ADB Investment Program. The investments will be financed in three tranches, with the first tranche totaling approximately $80 to $90 million. 2. The Investment Program will increase the productivity of irrigated agriculture due to improved water resources management through infrastructure development, capacity building, and institutional strengthening.

a. First Tranche Components 3. The first tranche under the Investment Program will have four components: (i) Northern Basins Development (NBD); (ii) Nangahar Valley Development Authority (NVDA) Improvement; (iii) Flood Management; and (iv) Program Management and Development. The first three components will have physical and nonphysical outputs as an integrated package. Table 1 presents an overview of Tranche 1 physical works. The Ministry of Finance is the Executing Agency (EA) and the Ministry of Energy and Water (MEW) is the Implementing Agency (IA) for the first and third components and the Ministry of Agriculture Irrigation and Livestock (MAIL) is the NVDA component.

Table 1: Summary of Physical Works

Component

Northern Basins Development NVDA Improvement Flood Management

Location Lower Balkh Basin (Balkh plains areas of Balkh and Jawzjan Provinces)

Nangahar Province Takhar and Kunduz Provinces

Intervention Type

Irrigation improvement Irrigation improvement Bank erosion and flood protection

New Physical Works

• Bangala Weir • 250 main canal

structures • Secondary and tertiary

canal structures1 on a pilot basis to establish effective WUA engagement modalities

• Embankment (5 km) with pilot erosion protection (riverside afforestation with flood tolerant tree species)

• Permanent gated intake1 on the Amu Darya for the Yetim Tapa irrigation system

• Test of effectiveness of gabions and other quick gestation and low cost interventions to protect areas along the Amu Darya from minor bank erosion

Rehabilitation and Upgrading of Existing Engineered Structures

1. Samarkandian Weir - rehabilitation and enhanced flood passage capacity, control gates electromechanical improvement

2. Narhi Shahi Weir - control gates electromechanical

3. Darunta Dam headgate repair

4. Main canal desilting 5. Access road repairs

Protection wall improvement

6. Secondary canal headgate replacement

6 

Component

Northern Basins Development NVDA Improvement Flood Management

improvement 7. Siphons repair 8. Spillways repair 9. Drainage passages

repair 10. Intake and pump

house repairs Secondary structure rehab

Area Gross command area 400,000 ha (irrigated on a rotating basis). Irrigated area: dry year 32,000 ha, normal year 64,000 ha, wet year 80,000 ha

25,000 ha 5000 ha

b. Northern Basins Development

4. NBD Large Infrastructure. The Northern Basins1 is one of the five national RBAs defined under the Water Law. The NBD activities build from previous ADB projects, the Emergency Infrastructure Rehabilitation and Reconstruction Project (EIRRP)2 and the Balkh River Basin Integrated Water Resources Management Project.3 Tranche 1 will finance infrastructure for water resources management and irrigation in the Lower Balkh River Basin, (about 80,000 to 100,000 ha of intensive irrigation). This includes construction of the Bangala weir, R&U for the Samarkandian weir, and operational control improvements for the Samarkandian and Narhi Shahi weirs. This improved infrastructure nearly completes modernization of all the former traditional intakes in the Lower Balkh Basin and significantly improves the ability to manage and distribute water resources at the basin level to optimize water allocation and agricultural production. 5. NBD Smaller Infrastructure. The Project will provide R&U of about 250 main canal structures completing this work in the Lower Balkh Basin.4 Secondary and tertiary canal structures will be constructed and upgraded on a pilot basis in the WUA development program. Investment in these smaller structures will be scaled-up under the second tranche of the Investment Program once WUAs have been established, implementation procedures refined, and the effectiveness of the pilot effort evaluated. As part of the smaller infrastructure, the Project will also support development of improved canal access points for women to do washing and collect water for household use. The Project's gender specialist will work through the WUAs and Community Development Councils to engage women to identify the best design and location of access points in the canal network.5 This will be pilot tested to establish a robust implementation modality in the first tranche and scaled up in later tranches.

                                                            1 The Northern Basins include the Balkh Ab, Khulm, Sari Pul, and Samigan Rivers. 2 ADB. 2003. Report and Recommendation of the President to the Board of Directors on a Proposed Loan to

Afghanistan for the Emergency Infrastructure Rehabilitation and Reconstruction Project. Manila. 3 ADB. 2004. Proposed Grant Assistance to the Islamic Republic of Afghanistan for the Balkh River Basin Integrated

Water Resources Management. Manila. 4 Under the EIRRP, a participatory process of working with the mirabs and the communities to identify and confirm

the proposed irrigation system improvements was established. This participatory will be continued under the NBD and integrated with the WUA development. As a part of the process, the communities receiving assistance had to commit that they (i) would abstain from growing poppy, and (ii) provide requisite O&M to maintain the improvement.

5 Community Development Councils were developed as a part of the National Solidarity Program implemented by the Ministry for Rural Rehabilitation and Development. They still serve as a viable local government unit for most villages.

7 

6. NBD River Basin Management. The Project will support development of the Northern Basin RBA. This will include training and resources to monitor, measure, and analyze water flow and other data. Rules to manage and operate the modernized intakes and weirs on the Balkh River will be developed with the water users to take full advantage of the improved infrastructure. Procedures will be developed and RBA staff trained for effective O&M of the infrastructure under RBA management. The Project will support the RBA and Government to develop mechanisms for sustainable O&M financing, including policies and procedures to assess user fees to supply irrigation water. While these procedures are being developed and implemented, tranche 1 will provide interim, declining O&M funds for the large infrastructure under the control of the RBA. 7. The Project will support the RBA to prepare a Northern Basin Water Resources Management and Development master plan to further develop the Northern Basins. The master plan will include feasibility studies, detailed design, and preparation of tender documents for the (i) the Imam Sahib intake and main canal structures; (ii) secondary and tertiary structures in the Lower Balkh Basin; and (iii) canal off takes, irrigation structures, and flood management infrastructure throughout the Northern Basins for financing in the second tranche of the Investment Program. 8. NBD WUAs and River Basin Councils. The component will mobilize and legally establish WUAs based on the traditional mirab system in the Lower Balkh Basin. A core technical training program for WUAs will be developed that includes (i) O&M and minor repairs, (ii) water distribution management, (iii) basic irrigation design and improved structures, (iv) irrigation and crop scheduling, and (v) monitoring and evaluation (M&E). Under the first tranche, a mobilization and WUA development plan will be prepared for the adjacent basins to be executed in the second tranche of the Investment Program. The WUA training will also include (i) a pilot program for WUAs to participate in the R&U of secondary and tertiary structures, and (ii) demonstration activities for improved on-farm water management. Under the Water Law, RBCs, which are made up of water users, are tasked with deciding water allocations and permitting, settling legal disputes, and helping set policy for their associated RBA. Tranche 1 will help establish the RBCs during the development of the Northern Basins master plan. During the second tranche, more intensive capacity development efforts will be undertaken to support the RBCs and improve their effectiveness. 9. NBD Resettlement. The NBD component will require some land acquisition for the Bangala Weir that will be addressed by this short resettlement plan. None of the other activities under the component will require resettlement activities.

c. NVDA Improvement 10. NVDA System Rehabilitation. This component includes comprehensive R&U of the main canal, secondary structures, and larger tertiary structures that will benefit about 20,000 ha. This includes repairs to the main canal headgate, desilting, repair to access roads, improved protection walls, new headgates on secondary canals, and works on siphons, spills ways, and passages for drainage washes. All secondary canals will be rehabilitated and fitted with new improved control structures. These works will be executed and benefit both the 12,000 ha of privately held land, and for the 8,000 ha of NVDA land, most of which is leased to small tenant farmers for a single season wheat crop. The NVDA Improvement component will support work with the WUAs and Community Development Councils to develop water access points within the canal network for woman to wash and collect water for household use.

8 

11. NVDA Institutional Reform. Institutional reform for NVDA under a corporatized management structure is a key priority of MAIL. This component will support preparation of an institutional reform and business plan with associated adjustment cost for restructuring of NVDA on a corporate basis. An important part of the institutional reform is to create a sustainable irrigation service delivery agency to manage the main canal and an O&M financing mechanism for the irrigation system. The project will provide interim O&M financing on a declining basis until the new system is put in place. 12. NVDA WUAs. The Project will mobilize and legally establish WUAs on the privately managed lands and on lands with lease holders. A training program for WUAs and farmers will be developed that includes (i) O&M and minor repairs, (ii) water distribution and management, (iii) irrigation and crop scheduling, and (vi) system M&E. WUAs training will include demonstration activities for (i) improved irrigation and agricultural techniques for greater productivity and efficiency, and (ii) on-farm water management. These activities will also be made available to NVDA staff or other lease holders farming the NVDA land. 13. NVDA Resettlement. Based on the due diligence work carried out during preparation of the NVDA component, there are no anticipated resettlement impacts of any type for the project component and its implementation. Although unanticipated, if during detailed design of the rehabilitation works the need for resettlement if discovered, resettlement inputs are available within the consulting package to support preparation and implementation of any resettlement plan.

d. Flood Management 14. Flood Management Physical Outputs. The Project will construct flood protection works for Yangi Qala town and the Yetim Tapa irrigation system in Takhar Province along the south bank of the Amu Darya. This will include a 5 km long earthen embankment to protect the town and irrigation system from major flooding. Depending on the performance of the embankment and the absence of negative impacts, the embankment may be elongated under the second tranche to expand the protected area. The works will include a permanent gated intake for the Yetim Tapa irrigation canal intake on the Amu Darya to protect 5,000 ha of irrigated area within the system. The Project will include funds for gabions and other quick gestation and low cost interventions to protect areas along the Amu Darya from bank erosion. A limited number of these structures will be developed under tranche 1 and their performance will be reviewed for scaling up during subsequent tranches. 15. Flood Management Nonphysical Outputs. The Flood Management Component will (i) help establish a National Flood Management Program within MEW in Kabul, and (ii) prepare additional flood management works for financing under the second tranche. The National Flood Management Program will develop a five-year plan to build the capacity of the new unit in MEW as well as initiate its development. Training will be offered to the new MEW flood management unit on flood risk assessment, flood mapping, design of various flood management structures, and other flood related topics. This component will support preparation of two to four additional flood management structures along the Amu Darya for financing under subsequent tranches. This may include protection of the Sherawan Irrigation System intake subject to feasibility confirmation. 16. Flood Management. The Flood Management component is not anticipated to have any resettlement impacts under the first tranche. The alignment of the flood embankment is

9 

designed to be entirely on Government land and communities will have free access to pass over the embankment that on undeveloped land that lies in the floodplain of the river. 17. Project Management and Development. Under the first tranche, project management arrangements will be put in place to ensure effective project implementation and timely preparation of subsequent tranches. A Project Management Office under MEW will be established in Kabul to provide coordination and support for the NBD and the Flood Management components. Two Project Implementation Offices will be established in Mazar-i-Sharif and in Taloqan to direct field activities for NBD and the Flood Management components, respectively. Within the PMO in Kabul, a Project Development Facility with dedicated staff will be established to prepare and manage preparation of subsequent MFF tranches. A dedicated PMO under MAIL for the NVDA Improvement component will be established in Jalalabad to direct all field activities and manage implementation. 18. Resettlement for Bangala Weir. The due diligence reports for the three components, only construction of the Bangala weir under component 1 involves acquisition of any land or causes any adverse resettlement impacts. To address this, a draft short land acquisition and resettlement plan (SLARP) is required. Affected persons number under 200 hence only a short plan is required. The Implementing Agency (IA) for component 1, NBD, will be the Ministry of Energy and Water (MEW) of the Islamic Republic of Afghanistan. The SLARP has been prepared based on the requirements of ADB’s policy on involuntary resettlement6 and the borrower’s Land Acquisition Law and other relevant legislative instruments. 19. It is proposed to construct the weir across the Balkh River in Bangala village, Balkh district in the province of Balkh. The proposed position of the weir access is located about 400 meters downstream of Bangala bridge. The weir will be constructed in new channel outside of the left bank of the existing river and when completed, a new channel will be developed to bring the water to the weir and connecting works. This strategy of constructing the weir in the dry off channel location allows easier construction since the weir can be built throughout the year. Constructing using the off channel design also poses much less disruption and interruption to operation of the irrigation system during construction, which helps to minimize the risk of higher resettlement costs resulting from lost cropping. Figure 1 present the current placement of the structure and associated corridor of impact based on the existing feasibility design. The feasibility level designs will be reviewed at the start of the Project due to uncertainty over the design flood capacity of the weir and further hydrological investigations. Based on the this work, there may some modification to the angle and size of the approach changes as well as to the size of the weir structure itself. Any changes to the proposed design will be updated and reflected in the SLARP during the Project.

                                                            6 Operations Manual (OM) Section F2/OP & BP (2006)

10 

 

Figure 1

11 

20. The construction will involve a minimum level of private land acquisition and there is unlikely to be any resettlement work envisaged at this stage. The project preparatory team had several discussions with the local people involving mirabs and other community leaders to investigate the best options to minimize land acquisition and to develop the best technical strategy. At this stage, only 5 parcels of private land will have to be acquired for construction of the weir facility for a total of 37 jireebs of land. It is not anticipated that there will be any relocation of a permanent dwellings. 21. The SLARP will be updated once final designs are completed. Accordingly, the specific land area to be acquired, compensation amounts to be paid for land, crops and other structures and other information are not final at this stage. B. OBJECTIVES OF SLARP

21. The two main objectives of the SLARP are as follows:

(i) To assess the scale of loss of land and non-land assets, and loss of income and

livelihood opportunities (ii) To assess the preliminary cost of SLARP

22. It is required that the SLARP is up-dated after detailed designs are completed. C. PARTICIPATORY CONSULTATION AND IMPACT ASSESSMENT

23. The proposed civil works will have limited land acquisition impacts. Information from site visits and community consultations indicates that there are 5 land holders who will loose their land either fully or partially due to the planned construction work based on existing design (See Table 2 below). The major structures that will impact on land acquisition are: (i) construction of a weir, (ii) improvements to the river banks, (iii) security and storage buildings, (iv) access road (either on one side or both sides of river) and other facilities. The preliminary work indicates a strip of land 70 m X 1,000 m (70,000 sq. m) required for the weir, river channel bank improvements, and storage buildings. Up to 10 jireebs of private land may be required for the access road and parking space, however, if the alignment from Bangala Bridge is utilized, this could be minimized. The space for contractor's camp, stock piling materials etc will come from the government right of land along the river and this should require an additional 20 jireebs. 24. Consultations were conducted with over 20 people from the area including the potential APs. Discussions were also held with mirabs and community leaders likely to benefit from this irrigation diversion structure. Additionally, consultations were also held with people in the villages across the river to assess potential social impacts on them. The information collected from participatory discussions and meetings are described below. It is required that further consultations are held with all APs to identify impacts once design details are finalized.

25. The details of lands that may be acquired and potential impacts on other assets resulting from weir construction are presented below.

a. Land Ownership

26. Based on the existing SLARP and needed land acquisition, the following are the land tenure details of the 5 persons who will be affected. The land was originally owned by Mula Amir and Mohammad Anwar who had the official land certificate (legal document - Qabala Sharai).

12 

When they died, their property was divided by inheritance after which it was then sold to the following people. As part of the selling process informal written deeds (Qabalai Orofi) were provided. The current owners stated that they can provide this documentation. The local malik (Sheer Ahmad s/o Haji Sheer Mohammad) also verified this and that the land belonged to these people.

1: Najmudin S/o Meerajudin who has a total of 5 jireebs of wheat land. 2: Nazar Gull S/o Salih Mohammad who has a total of 4 jireebs of wheat land. 3: Haji Ali Khan S/o Mula bhadour who has a total of 35 jireebs of land. About 15 jireebs was cultivated to wheat at the time of the field visit. 4: Mia Gull S/o Firoz ha who has a total of 11 jireebs of land. The land is used for an orchard. 5: Sarwar S/o Mohammad Karim who has a total of 15 jireebs of land. 6: The river right of way (approximately 60 jireebs) owned by the government is also affected by the construction. Because it is a government reserved land, natural vegetation is found in this land. About a dozen local people use this land to graze their animals, however, this varies by season.

b. Type of land

27. There are four types of land use in the site. The first is irrigated land used for annual cropping as mentioned above. The second is orchard land which also has access to irrigation. The third is government land used by community for animal grazing. The forth type is Government land that is not used for grazing or cultivation.

c. Impacts on housing

28. There is no permanent impact on housing. All houses are away from the primary construction site.

d. Other Structures

29. The other main structure that may be affected is Bangala Bridge, which may be replaced as a part of the Bangala Weir project. Currently, the decision to replace the bridge will be made as part of detailed design of the weir, and if the design of the approach channel to the weir indicates that the bridge needs to be replaced, it will be replaced at that time. If the bridge is replaced, any resettlement impacts would be temporary and related to construction and the plan will be updated at that time. There are no other man-made or natural structures that may be affected by the construction.

e. Impacts on trees

30. As already mentioned above, at least a portion of a well-developed orchard is likely to be affected by the construction. There are no other trees in the impacted area.

f. Impact on grazing

31. The area used for grazing will likely be occupied by the contractor’s camp, storage and part of the structure itself. About a dozen of local people will no longer be able to use this land for grazing. Once the contractor will have removed the camp and materials and the site is

13 

cleared, at least part of the land not occupied by the structures is likely to be available again for grazing.

g. Socio-economic information on affected people 32. There are no women-headed households or other vulnerable APs. Four of the AFs use lands for annual crops, mainly wheat cultivation, while the fifth person uses the land for an orchard. All APs are local residents for the past 10 years or more. Their primary livelihood is crops and livestock farming. The average family size is 6. There are no squatters or tenant cultivators among the APs, nor are there sharecroppers. The land is cultivated by the owners using hired labor when required. Based on discussions with APs it is estimated that 4 land parcels are being cultivated using hired labor. Working on the basis of 10 hired labor days per jireeb of wheat crop, the total labor days that will be lost through this land acquisition will be 280 work days lost for local people. However, the increased agricultural production associated with construction of Bangala Weir will off-set these lost labor days.

h. Summary of impacts

33. The impacts on APs are summarized in Table 2. Information will be up-dated after detailed designs.

Table 2: Summary of Impacts

Permanent impacts on

land Size of Land

(approx. jireebs) Affected Area

(approx. jireebs)

Cumulative Affected Area (jireebs)

Loss of annual cropping land, AP 1 (part of his land)

20 19 (95%)

19

Loss of uncultivated land, AP1 (other part)

15 5 (33%)

24

Loss of annual cropping land, AP 2

15 2 (13%)

26

Loss of annual cropping land, AP 3

4 3 (75%)

29

Loss of annual cropping land, AP 4

5 4 (80%)

33

Loss of orchard land, AP 5

11 4 (36 %)

37

Loss of grazing land, government

60 28 (47%)

65

Sub-total 130 65 (50 %)

65 jireebs (130,000 sq. met)

Note: Figures in column three are the estimated area for which compensation will be paid

14 

D. ISSUES RELATING TO INDEGENOUS PEOPLE AND ETHNIC MINORITIES 34. The discussions indicate that 2 APs belong to Pashton while the beneficiaries include Uzbek, Tajik, Arab, Hazara and Turkman people. None of these ethnic minorities fit into the classification of indigenous peoples as per ADB’s criteria of defining them. Because the ethnic minorities are fully integrated with the mainstream population, there is no negative impact on ethnic minorities. The high-level of integration of minorities with mainstream means benefits will accrue evenly to all sections of the population regardless of their ethnic affiliation. Keeping the above in view, there is no requirement to prepare an indigenous peoples development plan.

E. GENDER ISSUES

35. The 5 APs are not women-headed as such there is no direct impact on women-headed families. The women in program areas are mainly involved in household work. Their involvement in agricultural activities, i.e. weeding, is confined to tail areas only. Women are not selling agricultural products, nor are they involved in canal cleaning and other major irrigation maintenance work and livestock herding. Any improvement in agriculture including possible increase in tree planting should also not affect women. The women and girls in head area villages near the construction will benefit as they report that there may be a decreases with social problems caused by workers who participate in regular canal maintenance, silt removal and river intake repair work. Construction of the weir will eliminate much of this work, and the field assessments indicate that this is welcome by all women and girls in the head area. The Project will not have impacts on women concerns and will also not create any substantial gender impacts that may lead to other imbalances in their social and community life. The Project will also not correct existing gender differences. Therefore, any specific gender plan or action is not required. F. RELOCATION

36. There will not be any relocation of families in this site. The homes of 5 APs are not affected.

G. LEGAL AND POLICY BACKGROUND

37. There are no laws or legislation in Afghanistan that specifically address matters related to involuntary resettlement (IR). However, there are four important laws and policies that provide the basis for acquisition of land for public purpose. These are:

(i) The Law on Land Expropriation (8 October 2000); (ii) The Land Affairs Management Law (2008); (iii) Amendment to The Law of Land Expropriation (3 April 2005); (iv) The Land Policy (2006)

38. The comparison of the provisions contained in the above laws with that of ADB’s requirement for involuntary resettlement reveals a number of gaps which will be overcome as follows:

• That LAR should be minimized where possible. The design consultants are required

to critically examine the need for LAR and thereby to avoid and/or minimize where possible;

15 

• That a comprehensive consultation and participation plan is prepared to involve APs in LAR process. The APs should be consulted throughout the process and that they be disclosed with all relevant information;

• A comprehensive assessment of all affected structures, houses, trees, gardens, plants, crops, etc. is to be undertaken based on the market price and that all APs will be fully compensated prior to their land acquisition;

• Rehabilitation to ensure that at the minimum APs’ pre-livelihood standard is maintained

• Income losses, livelihood losses and other opportunities will be assessed to include in the compensation and rehabilitation package

• All losses to be assessed at replacement costs without allowing for depreciation of buildings and fixtures. APs will be allowed to remove construction materials free of charge.

• That a full and fair assessment of all land owners/users to be evaluated before a cut off date and the date of census is considered as the cut-off date. Land owners without formal title will be compensated. APs will be fully consulted in determining price for their land, property, structures, crops, trees, etc.

• That grievance redress process is properly implemented.

H. THE PROGRAM COMPENSATION ELIGIBILITY AND ENTITLEMENTS 39. The guiding principle of the SLARP is to ensure all APs/AFs, directly or indirectly, are adequately compensated for their loss of income, land, business, wages, livelihood and other losses. They will also receive rehabilitation assistance as appropriate. There are several elements that determine the eligibility and entitlement of the APs for compensation. These elements are described in the proceeding paragraphs.

a. Eligibility and Entitlements

40. APs eligible for compensation and rehabilitation assistance are basically of four groups:

(a) All APs loosing land with title, with formal or traditional land-use rights (b) Share croppers and tenants, whether registered or not (c) Owners of buildings, whether permanent or temporary, trees, orchards, crops, plants

or other objects attached to the land, and (d) APs loosing income, salaries, wages, business and other forms of livelihood.

41. All APs /AFs who settled in affected areas after the cut-off date and who cannot prove that their properties are affected will not be eligible for compensation. All APs will be given sufficient advance notice to remove their fixtures, building materials and vacate the properties as per the requirements established (this is usually three months) to serve such notices, prior to the commencement of any civil work. The APs are encouraged to remove all fixtures, crop harvest, etc. free of charge.

42. The compensation and rehabilitation entitlements for each affected item are detailed below on table 3.

16 

Table 3: Entitlement Matrix

Loss type Specification Affected People Compensation Entitlements Farmer/Titleholder (5)

Land x land compensation with plots of equal value/productivity to plots lost; or cash compensation at replacement cost based on market rate free of taxes, registration and transfer charges. Unaffected portions of a plot will also be compensated if they become unusable after impacts occur. Each jireeb of land will be compensated at Afs 125,000.

Leaseholder (registered or not)

Transfer of lease to other plots of equal value/productivity of plots lost, or Cash equivalent to the net income from the land calculated on the basis of the market value of annual production of affected land for the remaining lease years (up to maximum 10 years).

Sharecroppers (registered or not)

Cash compensation equal to market value of the lost harvest share once (temporary impact) or twice (permanent impact)

Agricultural workers losing their contract. About 280 labour days will be lost

Cash indemnity corresponding to their salary (which is Afs 200 per day) in cash for the remaining part of the agricultural year for local people who work as hired labor. Total = 280 x 200 = 56,000

All land losses independent of impact severity

Non-titled cultivators A one-time rehabilitation allowance equal to 1 year's net income from the affected land (in addition to crop compensation) for land use loss.

Farmer/Titleholder Leaseholder (5 APs)

A one-time severe impact allowance equal to the net income from annual crop production (inclusive of winter and summer crop and addition to standing crop compensation) and the waiving of taxes and fees. This will be Afs 66,950 per AP calculated as 20% of all allowances

Permanent loss of Arable Land

Sharecroppers (registered or not)

A one-time severe impact allowance equal to the net income from their annual share of harvest lost (additional to standard crop compensation)

Additional provisions for severe impacts (> 10% of land, property or assets loss)

Non-titled land owners A one-time severe impact allowance equal to the net annual income from the affected land (additional to standard crop compensation)

Temporary Land Acquisition

All APs (including non-land owners with traditional rights)

Affected land/communal infrastructure will be restored or reconstructed to pre-project conditions. Rent shall be agreed between landowner and contractor equal to the revenue lost at market value (e.g. compensation for harvests lost at average yield / hectare) The land affected in this case belongs to the government.

Titleholder Land for land compensation through provision of a plot comparable in value/location to the plot lost; or Cash compensation for affected land at full replacement cost free of taxes, registration and transfer costs

Residential/ Commercial Land

Non-titled land owners Provision of a free or leased plot in a Government resettlement area or a self-relocation allowance equal to 1 year at minimum salary.

Houses Buildings and Structures

Full/partial loss of structures

owners (with/without house or building registration)

Cash compensation at replacement rate for affected structure/fixed assets free of salvageable materials, depreciation and transaction costs. For partial impacts, full cash assistance to restore remaining structure. Cost of lost water and electricity connections will be included in the compensation.

17 

Loss type Specification Affected People Compensation Entitlements Renter/Leaseholder An allowance equal to 3 months rent

Standing Crops

Crops affected 5 APs (including non-titled land owners.

Cash compensation equivalent to the gross income from the wheat crop (grain + straw) computed as the market value of the total annual produce from affected land. The compensation amount is Afs 19,998 per jireeb of affected land to be paid to 5 (five) landowners based on their land area as detailed in Table 2.

Trees Trees affected 1 AP Cash compensation shall reflect income replacement. Fruit trees will be valued at market value of 1 year’s produce X number of years needed to grow a tree (8 years) of the same productivity. The calculated compensation rate per tree is Afs 4,000 (or Afs 264,000 per jireeb of orchard)

Business/ Employment

Temporary/ permanent loss of business or employment

All APs (including non-titled land owners)

Business owner: (i) Cash compensation equal to 1 year’s income, if loss is permanent; (ii) cash compensation for the period of business interruption, if loss is temporary. Compensations based on tax declaration or official minimum salary Worker/employees: Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.

Livelihood Vulnerable AP: AP below poverty line. (There are no vulnerable APs.) APs loosing their grazing land

1 additional allowance equal to 3 months at minimum salary. Priority for employment in project-related jobs, training opportunities, self-employment and wage-employment assistance. 12 APs losing their grazing will be provided with temporary grazing facility by community leaders on the provision of Afs 50,000 grant

All APs affected by relocation

Provision of cash compensation to cover transport expenses and livelihood expenses for one month.

Relocation

Transport/ transitional livelihood costs

House renters Provision of a cash grant for 3 months’ rent at prevailing rate in the area.

Community assets

Loss/damage to public infrastructure/ utilities

Rehabilitation/replacement of affected structures/utilities (i.e. mosques, footbridges, roads, schools, health centres, etc.) to pre-Program level. Damage to community assets was not observed

b. Assessment of Compensation Unit Values

43. The unit rate for each type of affected assets and the methodology for assessing compensation rates of different affected assets are described below. There are five types of affected assets namely, wheat crop, orchard, irrigated land, uncultivated private land, and government land (which is used for animal grazing). The assets that may be temporarily affected due to construction work, stock piling of raw materials, etc. will also be compensated at the appropriate rates provided below.

(i) Wheat crop will be valued at full market rate at the farm gate. The compensation

rate is Afs 19,988 per jireeb, representing a grain yield of 546 kg (valued at Afs 21.58 per kg) per jireeb and 466 kg (valued at Afs 17.63 per kg) of straw in Balkh area

(ii) Land will be valued at replacement cost based on market rates derived from a survey of land sales in the year before the impact survey. The on-going irrigable land value in Balkh head-reach area is approximately Afs 125,000 while the idle land is valued at Afs 100,000 per jireeb. No deductions for taxes or transaction costs will be applied

18 

(iii) Government land is not valued as the project is planned and undertaken by the government. There will not be any compensation for land that will be paid to the government. However, the SLARP budget includes a block sum of Afs 50,000 to develop alternative grazing area as compensation for AFs who use the government land for grazing

(iv) Houses/buildings will be valued at replacement cost inclusive of materials costs, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation, salvaged materials and transaction costs

(v) Fruit trees will be valued at market rate of 1 year produce X 8 years being the time needed to grow a new tree with the same productive potential of the lost tree. Accordingly, a fruit tree is valued at Afs 500 at the time of coming into production in 8 years after planting, and the estimated value of a tree for compensation is Afs 4,000. Considering each matured stand of jireeb will occupy 66 trees, the valuation for a jireeb of orchard will therefore be Afs 264,000. Free bud-grafted orchard saplings each valued at Afs 100 will be provided to APs.

(vi) Timber trees will be valued at market value of timber. APs will be provided with free planting materials or in lieu, cost will be provided.

(vii) One jireeb of wheat crop requires 10 labor days calculated as sowing/planting 1 day; harrowing/leveling/weeding 3 days; harvesting 3 days and threshing 3 days. The wage rate in Balkh area is Afs 200 per day.

I. PUBLIC PARTICIPATION AND DOCUMENTS DISCLOSURE 44. All land acquisition and resettlement activities will be carried out with the cooperation and assistance of APs and the district administrative agencies in close collaboration with the resettlement team of Project Management Office (PMO) under MEW. More specifically:  

• The relevant officials of provincial and district towns will be informed about the Program and their assistance will be solicited in the supervision of the AP census and the inventory of affected assets;

• The ISCs attached to PMO will carry out the DMS and other assessment methods with the cooperation of APs and will inform them the results of the survey and the inventory prior to the finalization of the SLARP and its submission to Program authorities.

• The preference of APs related to compensation and other resettlement assistances will be given due consideration during the planning process.

45. Consultation with APs is a theme that cuts throughout the planning and implementation of the SLARP. Several methods of consultation will be planned and implemented such as focused groups, in-depth assessments and other participatory techniques with the purpose of identifying clearly all APs, types of losses and concerns. The Appendix 2 provides some tools that have been used for initial consultations conducted for the preparation of this Plan. All such information will be collected, analyzed, recorded and utilized in up-dating the SLARP. The NGO and the resettlement specialist will be responsible for planning and implementation of consultations while the latter will be responsible for preparation of the SLARP incorporating issues raised through consultations. The summary of up-dated SLARP and the entitlement matrix should be translated into Dari and used in consultations with APs who will be made available with copies as applicable.  46. The up-dated SLARP in local language (Dari) will be made available to the APs at the relevant Provincial and district offices, and in community shura offices. The English translation

19 

of the updated SLARP and pamphlets (see Appendix 3) will be disclosed on the ADB website prior to tranche appraisal, after MEW has approved them. J. INSTITUTIONAL ARRANGEMENTS

47. The main institutions that will be involved in up-dating and implementation of SLARP are MEW, Ministry of Finance, provincial and district governors, district property office (municipality), other district agencies (Agriculture, Cartography, Land Affairs Management), court, and community shura.

a. MEW

48. The MEW has overall responsibility of coordination with all agencies involved in SLARP up-dating and implementation. The PMO comprised of Implementation and Supervision Consultants (ISCs) and counterpart staff is responsible for the up-dating of SLARP, day to day management of the Program, monitoring of LAR related activities and documentation of the process.

b. Implementation and Supervision Consultants

49. The ISCs are hired to design and assist in the implementation of projects under the Program. ISCs will be working from the PMO who will have sufficient in-house expertise on resettlement planning, implementation and supervision consisting of international and national resettlement specialists. They will analyze the cadastral maps, carry out DMS, identify vulnerable groups, assist relevant agencies in conducting compensation negotiation with the APs, up-date SLARP, in close collaboration and consultation with the district governor and relevant line agency staff. The ISCs will submit the updated SLARP to the MEW for approval.

c. Local Governments

50. Local government agencies involved in updating and finalization of the SLARP are the property office of the district municipal authorities, and the local Land, Agriculture and Cartography offices. The district coordination committee that will function within PIO will provide an effective mechanism for inter-agency coordination and to officially endorse surveys. The composition of the district coordination committee includes the district governor, a representative of each relevant agency, ISCs and the implementing NGO. This committee will have the overall responsibility for supervision of land and property valuation, acquisition, and approval of compensation rates. The individual agencies will exercise their specific functions as provided for in the relevant laws, coordinated by the district committee.

d. Central Government

51. The agencies at central government level are the MEW who will have the overall responsibility for agency coordination and lead the entire process as well as the final approval of the up-dated SLARP prior to its implementation. The other offices that will closely work with MEW include Central Land Affairs Management Department, the local government including property offices, the Ministry of Agriculture, Irrigation, and Livestock (MAIL), Ministry of Justice and the Ministry of Finance, the latter as the Executing Agency (EA). These offices will provide advice on SLARP up-dating and its implementation, and assist resolve matters that district teams are not able to resolve.

20 

52. The agencies involved in up-dating and implementation of SLARP and their relationships are graphically presented in Figure 2.

K. GRIEVANCE REDRESS PROCESS

53. The main objective of providing a grievance redress process is to avoid potential delays on the commencement and implementation of the construction program. The APs should be made fully aware of procedures for resolution of grievances which will be the main responsibility of the NGO. The cost of establishing the grievance redress process is considered as part of the overall institutional cost associated with the project. The costs of consultants, staff and NGO have already been included in the project budget. The time of shura and other government staff that will be involved in the grievance redress process will be compensated through payment of

Government of

Afghanistan ADB

EMA

Figure 2: Organizational Chart for Project Implementation  

PIO (District Coordination Committee)

P M O (Consultants and counterpart

staff)

MEW

Local Government Agencies

Provincial & District Staff of MEW

Affected People

SHURA Men Women

21 

an appropriate allowance from the operational budget of the PMO. These costs will be agreed and approved by the district coordination committee. Hence, the grievance redress cost is not calculated as a separate item in the LARP budget. 54. Care will be taken to prevent grievances rather than going through a redress by ensuring active participation of APs in the SLARP updating and implementation process. All attempts will be made to resolve grievances informally at the local level. If this attempt fails, APs will have the option of taking their complaint to the formal mechanism of addressing grievances, graphically shown in Figure 3 and is described in Table 4.

Figure 3: Grievance Redress Mechanism

NGO FACILITATION

NOT REDRESSED

APPEALED TO COURT REDRESSED

GRIEVANCE

DISTRICT COMMITTEE (Governor, Property Supervisor, NGO)

NOT REDRESSED

AFFECTED PERSON

REDRESSED 

APPEALED TO HEAD, PMO

NOT REDRESSED

APPEALED TO MEW REDRESSED

REDRESSED

22 

Table 4: Grievance Resolution Process

Land/ Crops Compensation Issues 1. First, complaints resolution will be attempted at district level with the involvement of the senior district property supervisor, the district governor and implementation NGO. 2. In absence of a settlement, APs may lodge a complaint to the PMU. The Head of PMU will decide the case within 15 days and inform the AP. 3. If the PMU decision is unacceptable to the APs, they can register the complaint directly to the MEW within 1 month of receiving a response from the PMU with documents supporting their claim. The MEW will respond within 15 days of registering the complaint. The MEW’s decision must be in compliance with these LARF provisions. 4. Should all three levels of above grievance redress system fail to satisfy the AP, he/she may approach the appropriate court of law for its resolution. The AP will be facilitated in this process by the implementation NGO

L. RESETTLEMENT COST ESTIMATES

55. The resettlement costs for the draft SLARP include eligible compensation and resettlement assistance for the five land owners and livelihood restoration assistance for those families losing their grazing area due to construction work. The unit cost for land and other assets has been derived through discussions with agency staff and NGOs in and around the Balkh district. Consultations with community leaders, the three AFs and local people gave some area-specific information.

a. Assets acquisition and compensation costs

56. Private agricultural land: The unit cost for agricultural land has been assessed as Afs 125,000 per jireeb.

57. Private un-cultivated land: The unit cost has been assessed as Afs 100,000 per jireeb 58. Crop: the unit cost for wheat is Afs 19,998 per jireeb of land. This represents a wheat yield of 546 kg and a straw yield of 466 kg per jireeb. No reduction in compensation amount was made for the cost of harvesting and threshing of standing crop. 59. Fruit / orchard trees: The unit cost per tree is calculated as the fruit harvest per tree x 8 years. This is estimated as Afs 500 x 8= Afs 4,000. It is estimated that one jireeb productive orchard land will have 66 orchard trees. Hence, the compensation value per jireeb of orchard land is Afs 264,000. 60. Assistance for purchasing agricultural inputs: The APs will be given monetary assistance to purchase cash inputs for their cultivation in the next season. This is calculated as Afs8,634 per jireeb of affected land. The bases for the calculation is as follows: 34 kg of wheat seeds per jireeb valued at Afs 26 per kg; cost of agrochemicals per jireeb valued at Afs 300; urea 50 kg per jireeb valued at Afs 36 per kg; phosphate fertilizer 50 kg per jireeb valued at Afs 17 per kg; farm yard manure 2 metric tons per jireeb valued at Afs 2,000 per metric ton and tractor hire one hour per jireeb at Afs 800 61. Assistance for re-establishing affected orchard: The cost of planting materials will be given for the AP free of charge. A bud-grafted sapling in the local market costs Afs 100, and it is estimated that 70 saplings are needed to raise 66 trees per jireeb at the time of maturity. The grafted saplings are a superior choice as they grow quicker with an extremely low casualty rate

23 

though the cost is comparatively higher than ordinary seedlings. The tree productive capacity of an orchard established by grafted saplings is also much greater than an orchard grown from ordinary saplings. The cost of bud-grafted saplings works out to Afs 7,000 per jireeb of orchard land. 62. Documentation fees: The unit cost has been derived at a lump sum basis, which is Afs 3,000 per AF as per the standard rate being charged at the local revenue department for land transaction per case including registration in property books. The land transaction cost is calculated per entry and not per jireeb of land. 63. Livelihood restoration costs: On the basis of preliminary field assessments, there were indications that livelihood restoration costs are required to assist APs7 (livestock herding families). This item is to be re-examined at the time of up-dating SLARP. For this purpose, a block sum of AFG 50,000 was agreed with the local leaders, which is provided in the cost estimates. This money will be used to provide a grazing facility for APs. Livelihood restoration allowance is not required for farmers loosing their crop as their land, crop losses and cost of inputs for cultivation in the next season were all compensated at market rate. The severely APs are given an additional 20% allowance. No reduction was made for crop harvesting and threshing cost. 64. Cost for vulnerable families: The unit cost has been determined as a lump sum basis, which is 20% of the total compensation assistance. No vulnerable APs were found in the in the area, which is however to be verified at the time of up-dating SLARP. 65. Allowance for severely affected persons: An AF loosing greater than 10% of the productive land for project work is considered as severely affected. Accordingly, all 5 APs are severely affected as they loose between 13% to as much as 95% of their land. The severely affected person’s allowance is calculated as 20% of all allowances offered to APs. Since the replacement of Bangala bridge has not yet been determined, the cost, if any, cannot be included. However, this will be confirmed and reported in the updated SLARP. 66. Allowance for loss of agricultural labor opportunities: It is estimated that the proposed land acquisition will loose about 280 work days for local agricultural labor. The workers who will loose their opportunities will be identified with the help of APs and the community leaders who will be compensated at Afs 200 per day in Balkh head reach.

b. SLARP implementation and support costs

67. Project consultants: The cost for two person-months of an international specialist and 15 months of a national resettlement specialist for the PMO are not included in the costs below but are part of the overall PMO costs. Hence, these costs is not included in the SLARP budget but included in the overall cost for tranche 1. The consultant(s) will be up-dating SLARP, conducting census and other surveys, and in internal monitoring.

68. Two NGOs will be involved with the SLARP: one for the SLARP updating and implementation at detailed design and one for and External Monitoring Agency (EMA). The cost for hiring an NGO for implementation is estimated at AFG 1,000,000 and the same cost AFG

                                                            7 Several herds graze on the reservation (government land) along the river. With the construction of the weir, this

area will no longer be available for cattle grazing

24 

1,000,000 is assumed for hiring the EMA for external monitoring for a period of one year. These costs are directly chargeable to SLARP budget. A 15% contingency is added to the budget. 69. The total estimated cost of the SLARP will be about AFG 11.3 million (US$ about 206,000) when the support cost is excluded (Table 5).

Table 5: Estimated Cost of Implementation of Land Acquisition and Resettlement for Bangala Weir Construction

Serial

# Item Unit Unit Cost

(AFG) Quantity Cost

(AFG) Cost (US$)

A Compensation 1 Compensation for agricultural

land (includes land for access) Jireeb 125,000 34 4,250,000 85,000

2 Compensation for un-cultivable land

Jireeb 100,000 5 500,000 10,000

3 Compensation for crop losses Jireeb 19,998 28 559,944 11,1994 Compensation for

orchard/trees Jireeb 264,000 4 1,056,000 21,120

Sub-total A 6,365,944 127,319B Assistance

1 Assistance for purchasing of agricultural inputs for next season

Jireeb 8634 28 241,752 4,835

2 Assistance for orchard planting materials

Jireeb 7,000 4 28,000 560

3 Documentation fees for land acquisition

Lumpsum 3,000 5 15,000 300

4 Livelihood restoration assistance

Lumpsum 50,000 1 50,000 1,000

5 Additional assistance for severely AFs

Lumpsum 55,990 5 279,950 5,599

6 Assistance for agricultural workers

Work day 200 280 56,000 1,120

Sub-total B 614,702 12,294C Implementation and

Monitoring

1 External Monitoring Agency Lumpsum 1,000,000 1 1,000,000 20,0002 NGO Lumpsum 1,000,000 2 1,000,000 20,000

Sub-total C 2,000,000 40,000D Support cost to be included

elsewhere in tranch 1 budget (implementation consultant)

E Contingencies @ 15% 1,347,500 27,000 Total 11,328,146 206,613

25 

M. MONITORING AND EVALUATION

70. Internal monitoring will be done on a continuous basis by the PMO. The reports will be distributed to EA, IA and ADB on a quarterly basis. The external monitoring will be done by an EMA appointed by the MEW. The ADB will prepare the terms of reference (TOR) for the EMA. It is suggested that PMO develop a comprehensive set of indicators and monitoring bench marks at the beginning of its work.

71. The EMA has three responsibilities: (a) to carry out independent monitoring work to ascertain whether SLARP is progressing satisfactorily; (b) to conduct an independent audit to determine whether relocation has been completed, and that compensation and resettlement assistance has been delivered to the APs. Audit reports will be submitted at quarterly intervals to the EA, IA and ADB and (c) to carry out a post-implementation evaluation one year after commissioning of the works, to establish whether or not objectives of the SLARP have been met. N. IMPLEMENTATION PROCESS

72. In Afghanistan the up-dating and implementation of SLARP may take up to several months. The APs will be paid their due compensations at least 1 month (30 days) prior to demolition of the structures from the construction site. The basic SLARP-related steps for up-dating and implementation are summarized on Table 6 below.

Table 6: SLARP Tasks Process and Responsibility

Step Action Responsibility A) SLARP UP-DATING PMO 1 Assessment of Project’s Poverty and Social Impacts PMO and NGO 2 Finalization of land acquisition requirements PMO and district authorities 3 Prepare survey forms for Census and DMS, train local Census and DMS

teams, and establish coordination with relevant local government agencies. MEW and PMO

4 Collection of cadastral and parcel maps of the Program area Cartography office 5 Verify land records in affected areas, update cadastral maps Cartography/ District Land

Affairs Office 6 Carry out impacts and valuation surveys – Detailed Measurement Survey

(DMS) PMO and NGO

7 Conduct public consultations PMO NGO assisted by community shura

8 Collection of data on APs and undertaking negotiations with APs on compensation and rehabilitation entitlements for the following losses: - loss of titleholders including agricultural and homestead lands, and

assets, commercial land and structures, residential tenancy and commercial tenancy;

- loss of non-title holders, including agricultural lands held by tenants and sharecroppers, whether registered or not, squatters and encroachers, homestead land, commercial structures held by informal tenants, squatters and encroachers;

- loss of livelihoods (loss of wage earnings, income and/or food losses, rangeland income loss);

- loss of community infrastructures and resources such as grazing areas; and

- any other impacts (temporary impacts during construction of infrastructures, and any other unforeseen impacts).

Senior district property supervisor and NGO, assisted by shura

26 

Step Action Responsibility A) SLARP UP-DATING PMO 9 Integrate data from Census into the RP. PMO 10 Finalize up-dating SLARP PMO 11 Submission of SLARP to MEW and ADB for approval. PMO 12 RP disclosure: Distribution of SLARP and information pamphlets in local

language in the affected communities; posting of SLARP in English on the ADB website

MEW/PMO/ADB

B) SLARP IMPLEMENTATION 1 Approval of Contract awards MEW and ADB 2 Distribution of Relocation Notices to APs MEW and property office 3 Award of checks for land / assets compensation MEW 4 Award of checks for other Compensation & Assistance/ Rehabilitation MEW 5 Taking over the possession of acquired houses, if any and land MEW 6 Demolishing/ Relocation of Affected Structures/Assets MEW/contractor 7 Review of SLARP Implementation MEW/ADB 8 Resolve problems of land owners; mediation on land matters; provide

evidence of ownership, provide information to establish land boundaries, valuation, grading, etc.

District Governor/property supervisor/ NGO

9 Issue NOC ADB 10 Civil works begin minimizing damage and disturbances to people in the

vicinity Contractor

C) POST-IMPLEMENTATION TASKS 1 Independent evaluation of SLARP EMA 2 Restoration of temporary acquired land, private property and community

resources to their original state Contractor with close monitoring by PMO/ICSc and EMA

D) CYCLICAL/CONTINUOUS TASKS 1 Internal monitoring. Quarterly reporting on SLARP implementation to ADB PMO/MEW 2 External Monitoring. Semi-annual reporting to MEW/ADB EMA 3 Grievances Redressal/Law Suites Senior Property Supervisor/

Governor//NGO/Court, coordinated by PMO

4 Inter-agency coordination at national level EA 5 Inter-agency coordination at district level District Coordination

Committee/governor 73. As already mentioned, it is required that SLARP presented in this document is up-dated and all compensation losses and other items to be properly assessed once detailed designs are completed for approval by the EA, IA and ADB prior to implementation. All activities related to land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. The implementation schedule is presented in Figure 3. 74. It is noted that the monitoring period after compensation payment and livelihood restoration is approximately 2 years. Reasons for this are as follows. The rainfall and other environmental factors that affect crop production are erratic in the Bangala area leading to crop losses and loss of income. In one season the APs may obtain a reasonable income while this may not be true in other years. Hence, it is proposed to continue monitoring income, crop and livelihood performance over the implementation of SLARP so that there will be a good database to measure with confidence the progress in livelihood restoration by the time final evaluation is conducted. This will facilitate making an accurate assessment of livelihood restoration work

27 

supported by the SLARP. The monitoring data that will be collected during SLARP implementation will be the basis for completion of the final evaluation study to be conducted after all civil works are completed and site handed over to IA.

28 

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N DEstablishment of PIU / ESSUBidding and recruitment of PIU Management consultantDetailed design by PIU/consultantBidding/recruitment of contractorsRecruitment EMAMobilization of consultantsRecrutiment and training ESSU staffDMS/AP Census, social assessmentFinalize compensation amountsSLARP updateDisclosure of SLARP and finalizationSLARP approval by EA and ADBCompensation payments/ livelihood restoration/ EA takes over acquired landIssuance of NOCCivil worksMonitoring / outcome disclosureFinal assessment by EMA

Year 2011 Year 2012Year 2010ACTIVITY

  

Figure 4: Implementation Plan

29 

APPENDICES

Appendix 1: List of People Consulted Serial

No. Name Position Location

1 Eng. Esmatullah Head, Water Management Department

Balkh Province

2 Abdel Ghani Deputy Head, Department of Economy Building

Bulk Province

3 Katib Shama Director of Agriculture and Irrigation

Balkh Province

4 Najia Hashimi Advisor, Department of Women Affairs

Balkh Province

5 Eng. Halima Sadath Deputy Director, Department of Women Affairs

Balkh Province

6 Bay Mohamed Shura member Bangala 7 Masjid Fayez Director, Land Acquisition

Department, Municipality Kabul

8 Timor Shah Iqbal Yousifi Director General, Land Affairs Management

Department

Kabul

9 Gul Amhad Hoshmand Deputy Director, Land & Properties

Kabul

10 Kwaja Mohamed Shura member Bangala 11 Amir Shah Shura member Bangala 12 Mohamed Khan Farmer Dehrosi 13 Shayaz Khan Shura member and malik Araboi

Bangala 14 Juvam Khan Farmer Bangala 15 Sayed Ali Ahmed District Manager, PIN Balkh

District 16 Haji Saheb Sakhiyadat Khan Former Jirga Loyal and Malik Timoraq 17 Tazagul Mirab, Charbolak Charbolak 18 Ala Biram Mirab, Fazabad canal Faizabad 19 Azadullah Osman Mirab assistant, Faizabad

canal Faizabad

20 Morab Bye Mirab Acqcha canal Aqcqcha 21 Safiullah Bye Mirab assistant, Acqcha

canal Acqcha

22 Sheer Ahmad s/o Haji Sheer Mohammad

Malik Bangala

23 Najmudin S/o Meerajudin Farmer Bangala 24 Nazar Gull S/o Salih Mohammad Farmer Bangala 25 Haji Ali Khan S/o Mula bhadour Farmer Bangala 26 Mia Gull S/o Firoz Farmer Bangala 27 Sarwar S/o Mohammad Karim Farmer Bangala

30 

Appendix 2: Social Assessment Methods, Purpose and Outcome

Assessment Method

Participants Purpose Outcome

Focused group

2 Mirabs and 2 mirab assistant

• Identify social benefits of Bangala weir

• Assess concerns of farmers

• Ascertain suggestions for compensation payment

• A range of costs, benefits and monetary values identified

• Potential APs recognized

Interview

• Jirga Loyal member and malik

• Director, Dept Agriculture & Irrigation

• Mirab bashi, Charbolak

• Deputy Director, Dept Women Affairs

• People’s in Need (PIN – NGO), Balkh District Director

• Director General, Land Affairs Management Department

• Director, Land Acquisition Department, Kabul Municipality

• Ascertain benefits and compensation amounts

• Recognise concerns of people in Faizabad canal

• Discuss procedures of Land Acquisition & Compensation

• Discuss women’s concerns

• Discuss various provisions in respect of land acquisition and compensation payment

• Collected current land and tree values in locality

• Problems and concerns of local people

• Land, crops and tree values collected

• Information on women concerns

• NGO operational costs • Collected some poverty

data of area • Obtained information

on all relevant laws and policies

Group Discussion

2 APs, local people Identify APs Extent, location and ownership of lands likely to be acquired are unknown.

Identified 2 APs whose lands are at the centre of

construction Observations

• Bangala weir

construction site and bridge

• Acqcha & Faizabad river intakes

• Trees, crops and rangeland around site

Obtain information on community profile and resource details in construction site and around Present problems and concerns for local irrigators Density of community and structures

• Some basic information noted

• Resource use patterns were noted

• Observed Bangala area to be medium population density area

31 

Appendix 3: Information Pamphlet of Bangala RP DESCRIPTION OF THE PROJECT 1. Bangala Weir is to be sited some 400 meters downstream from Bangala Bridge. Once constructed it will provide control of river diversions to Charbolac, Faizabad, and Aqcha canals which are entitled to some 46.9 percent of the total water available to the Hazdha Nahr system. 2. The cross river structure is to be built “in-the-dry” on the left bank of the river opposite the manjee intake of the Charbolac Canal. The 63 meter weir is to be flanked by vertical steel leaf gates for passing bed load material downstream during high flows in the river. A gated canal head works is to be built in an upstream/downstream orientation on the right side. These gates will be perpendicular to the sluice gates and a sill will exclude large material from entering the canal. The sluice gates on the left side will be operated to pass bed load materials and finer sediments downstream to ameliorate any build up of sediments in the weir pool. Parallel guide banks will extend from the weir some 400 meters upstream to Bangala Bridge. Downstream bank protection will flank the energy dissipation works and guide flow back into the original channel for passage of water downstream to Aqcha. 3. The head works gates will control flow to a lined channel that will extend 400 meters to a structure that divides flow proportionally to the Charbolac and Faizabad canals according to rights. This structure will be gated so that water users can modify flows and even close down a canal by agreement. 4. The steel vertical lift gates will be motorized and will be equipped with a gantry to facilitate accomplishment of maintenance. 5. A full suite of measuring stations and devices will be constructed to provide for full time monitoring of discharges and for rapid adjustment of gates to assure equitable distribution of river flows. RESETTLEMENT PLAN 6. This Resettlement Plan (RP) for the Bangala weir core sub project was prepared to address the social and resettlement issues in accordance with the ADB’s safeguard policies, and Resettlement framework prepared for the WRDIP. The specific objectives of the RP are as under:

• Provide an assessment of the impacts on the local population; • Quantify the impacts on private and public assets to be acquired in monetary terms; • Present a strategy to ensure timely acquisition of assets, payment of compensation and

other benefits to the APs. • Give an overall estimate of the required resources needed to implement the resettlement

plan. ELIGIBILITY FOR ENTITLEMENTS OF COMPENSATION 7. APs entitled for compensation or at least rehabilitation provisions under the Project are:

32 

• All APs losing land whether covered by legal title/traditional land rights or without legal status;

• Tenants and sharecroppers whether registered or not; • Owners of buildings, crops, plants, or other objects attached to the land; and • APs losing business, income, and salaries.

8. The compensation eligibility will be limited by a cut-off date determined based on the project implementation. 9. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They however will be given sufficient advance notice to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not be liable to pay any fine or penalty. Forced eviction will only be considered after all other efforts are exhausted. IMPACTS OF THE PROJECT

10. During the field surveys and consultations, a number of APs were identified and impact type and asset loss. Summarized results are tabulated below:

Table 1: Summary of Impacts

Permanent impacts on land

Size of Land (approx. jireebs)

Affected Area (approx. jireebs)

Cumulative Affected Area (jireebs)

Loss of annual cropping land, AP 1 (part of his land)

20 19 (95%)

19

Loss of uncultivated land, AP1 (other part)

15 5 (33%)

24

Loss of annual cropping land, AP 2

15 2 (13%)

26

Loss of annual cropping land, AP 3

4 3 (75%)

29

Loss of annual cropping land, AP 4

5 4 (80%)

33

Loss of orchard land, AP 5

11 4 (36 %)

37

Loss of grazing land, government

60 28 (47%)

65

Sub-total 130 65 (50 %)

65 jireebs (130,000 sq. met)

Note: Figures within parentheses are the approximate affected area for which compensation will be paid

VALUATION OF ASSETS

11. The unit rate for each type of affected assets and the methodology for assessing compensation rates of different assets are described below. There are five types of affected assets namely, wheat crop, orchard, irrigated land, un-cultivated private land, and government

33 

land (which is used for animal grazing). The assets that may be temporarily affected due to construction work, stock piling of raw materials, etc. will also be compensated at the appropriate rates provided below.

(i) Wheat crop will be valued at full market rate at the farm gate. The compensation rate is

Afs 19,988 per jireeb, representing a grain yield of 546 kg (valued at Afs 21.58 per kg) per jireeb and 466 kg (valued at Afs 17.63 per kg) of straw in Balkh area

(ii) Land will be valued at replacement cost based on market rates derived from a survey of land sales in the year before the impact survey. The on-going irrigable land value in Balkh head-reach area is approximately Afs 125,000 while the idle land is valued at Afs 100,000 per jireeb. No deductions for taxes or transaction costs will be applied

(iii) Government land is not valued as the project is planned and undertaken by the government. There will not be any compensation for land that will be paid to the government. However, the SLARP budget includes a block sum of Afs 50,000 to develop alternative grazing area as compensation for AFs who use the government land for grazing

(iv) Houses/buildings will be valued at replacement cost inclusive of materials costs, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation, salvaged materials and transaction costs

(v) Fruit trees will be valued at market rate of 1 year produce X 8 years being the time needed to grow a new tree with the same productive potential of the lost tree. Accordingly, a fruit tree is valued at Afs 500 at the time of coming into production in 8 years after planting, and the estimated value of a tree for compensation is Afs 4,000. Considering each matured stand of jireeb will occupy 66 trees, the valuation for a jireeb of orchard will therefore be Afs 264,000. Free bud-grafted orchard saplings each valued at Afs 100 will be provided to APs.

(vi) Timber trees will be valued at market value of timber. APs will be provided with free planting materials or in lieu, cost will be provided.

(vii) One jireeb of wheat crop requires 10 labor days calculated as sowing/planting 1 day; harrowing/leveling/weeding 3 days; harvesting 3 days and threshing 3 days. The wage rate in Balkh area is Afs 200 per day.

COMPENSATION ENTITILEMENTS 12. The compensation eligibility will be limited by a cut-off date based on the project implementation and the compensation shall be paid in accordance with the compensation (entitlement) matrix included in the RP, as shown below. The civil works contractor shall not be mobilized prior to successful implementation of the RP in concurrence with ADB.

Table 2: Entitlement Matrix

Loss type Specification Affected People Compensation Entitlements Farmer/Titleholder (5)

Land x land compensation with plots of equal value/productivity to plots lost; or cash compensation at replacement cost based on market rate free of taxes, registration and transfer charges. Unaffected portions of a plot will also be compensated if they become unusable after impacts occur. Each jireeb of land will be compensated at Afs 125,000.

Permanent loss of Arable Land

All land losses independent of impact severity

Leaseholder (registered or not)

Transfer of lease to other plots of equal value/productivity of plots lost, or Cash equivalent to the net income from the land calculated on the basis of the market value of annual

34 

Loss type Specification Affected People Compensation Entitlements production of affected land for the remaining lease years (up to maximum 10 years).

Sharecroppers (registered or not)

Cash compensation equal to market value of the lost harvest share once (temporary impact) or twice (permanent impact)

Agricultural workers losing their contract. About 280 labour days will be lost

Cash indemnity corresponding to their salary (which is Afs 200 per day) in cash for the remaining part of the agricultural year for local people who work as hired labor. Total = 280 x 200 = 56,000

Non-titled cultivators A one-time rehabilitation allowance equal to 1 year's net income from the affected land (in addition to crop compensation) for land use loss.

Farmer/Titleholder Leaseholder (5 APs)

A one-time severe impact allowance equal to the net income from annual crop production (inclusive of winter and summer crop and addition to standing crop compensation) and the waiving of taxes and fees. This will be Afs 66,950 per AP calculated as 20% of all allowances

Sharecroppers (registered or not)

A one-time severe impact allowance equal to the net income from their annual share of harvest lost (additional to standard crop compensation)

Additional provisions for severe impacts (> 10% of land, property or assets loss)

Non-titled land owners

A one-time severe impact allowance equal to the net annual income from the affected land (additional to standard crop compensation)

Temporary Land Acquisition

All APs (including non-land owners with traditional rights)

Affected land/communal infrastructure will be restored or reconstructed to pre-project conditions. Rent shall be agreed between landowner and contractor equal to the revenue lost at market value (e.g. compensation for harvests lost at average yield / hectare) The land affected in this case belongs to the government .

Titleholder Land for land compensation through provision of a plot comparable in value/location to the plot lost; or Cash compensation for affected land at full replacement cost free of taxes, registration and transfer costs

Residential/ Commercial Land

Non-titled land owners

Provision of a free or leased plot in a Government resettlement area or a self-relocation allowance equal to 1 year at minimum salary.

owners (with/without house or building registration)

Cash compensation at replacement rate for affected structure/fixed assets free of salvageable materials, depreciation and transaction costs. For partial impacts, full cash assistance to restore remaining structure. cost of lost water and electricity connections will be included in the compensation.

Houses Buildings and Structures

Full/partial loss of structures

Renter/Leaseholder

An allowance equal to 3 months rent

Standing Crops

Crops affected 5 APs (including non-titled land owners.

Cash compensation equivalent to the gross income from the wheat crop (grain + straw) computed as the market value of the total annual produce from affected land. The compensation amount is Afs 19,998 per jireeb of affected land to be paid to 5 (five) landowners based on their land area as detailed in Table 2.

Trees Trees affected 1 AP Cash compensation shall reflect income replacement. Fruit trees will be valued at market value of 1 year’s produce X number of years needed to grow a tree (8 years) of the

35 

Loss type Specification Affected People Compensation Entitlements same productivity. The calculated compensation rate per tree is Afs 4,000 (or Afs 264,000 per jireeb of orchard)

Business/ Employment

Temporary/ permanent loss of business or employment

All APs (including non-titled land owners)

Business owner: (i) Cash compensation equal to 1 year’s income, if loss is permanent; (ii) cash compensation for the period of business interruption, if loss is temporary. Compensations based on tax declaration or official minimum salary Worker/employees: Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.

Livelihood Vulnerable AP : AP below poverty line. (There are no vulnerable APs.) APs loosing their grazing land

1 additional allowance equal to 3 months at minimum salary. Priority for employment in project-related jobs, training opportunities, self-employment and wage-employment assistance. 12 APs loosing their grazing will be provided with temporary grazing facility by community leaders on the provision of Afs 50,000 grant

All APs affected by relocation

Provision of cash compensation to cover transport expenses and livelihood expenses for one month.

Relocation

Transport/ transitional livelihood costs

House renters Provision of a cash grant for 3 months’ rent at prevailing rate in the area.

Community assets

Loss/damage to public infrastructure/utilities

Rehabilitation/replacement of affected structures/utilities (i.e. mosques, footbridges, roads, schools, health centres, etc..) to pre-Program level. Damage to community assets was not observed

Asset acquisition and compensation costs are as follows: 13. Private agricultural land: The unit cost for agricultural land has been assessed as Afs 125,000 per jireeb.

14. Private un-cultivated land: The unit cost has been assessed as Afs 100,000 per jireeb 15. Crop: the unit cost for wheat is Afs 19,998 per jireeb of land. This represents a wheat yield of 546 kg and a straw yield of 466 kg per jireeb. No reduction in compensation amount was made for the cost of harvesting and threshing of standing crop. 16. Fruit / orchard trees: The unit cost per tree is calculated as the fruit harvest per tree x 8 years. This is estimated as Afs 500 x 8= Afs 4,000. It is estimated that one jireeb productive orchard land will have 66 orchard trees. Hence, the compensation value per jireeb of orchard land is Afs 264,000. 17. Assistance for purchasing agricultural inputs: The APs will be given monetary assistance to purchase cash inputs for their cultivation in the next season. This is calculated as Afs8,634 per jireeb of affected land. The bases for the calculation is as follows: 34 kg of wheat seeds per jireeb valued at Afs 26 per kg; cost of agrochemicals per jireeb valued at Afs 300; urea 50 kg per jireeb valued at Afs 36 per kg; phosphate fertilizer 50 kg per jireeb valued at Afs 17 per kg; farm yard manure 2 metric tons per jireeb valued at Afs 2,000 per metric ton and tractor hire one hour per jireeb at Afs 800 18. Assistance for re-establishing affected orchard: The cost of planting materials will be given for the AP free of charge. A bud-grafted sapling in the local market costs Afs 100, and it is estimated that 70 saplings are needed to raise 66 trees per jireeb at the time of maturity. The grafted saplings are a superior choice as they grow quicker with an extremely low casualty rate

36 

though the cost is comparatively higher than ordinary seedlings. The tree productive capacity of an orchard established by grafted saplings is also much greater than an orchard grown from ordinary saplings. The cost of bud-grafted saplings works out to Afs 7,000 per jireeb of orchard land. 19. Documentation fees: The unit cost has been derived at a lump sum basis, which is Afs 3,000 per AF as per the standard rate being charged at the local revenue department for land transaction per case including registration in property books. The land transaction cost is calculated per entry and not per jireeb of land. 20. Livelihood restoration costs: On the basis of preliminary field assessments, there were indications that livelihood restoration costs are required to assist APs8 (livestock herding families). This item is to be re-examined at the time of up-dating SLARP. For this purpose, a block sum of AFG 50,000 was agreed with the local leaders which is provided in the cost estimates. This money will be used to provide a grazing facility for APs. Livelihood restoration allowance is not required for farmers loosing their crop as their land, crop losses and cost of inputs for cultivation in the next season were all compensated at market rate. The severely APs are given an additional 20% allowance. No reduction was made for crop harvesting and threshing cost. 21. Cost for vulnerable families: The unit cost has been determined as a lump sum basis, which is 20% of the total compensation assistance. No vulnerable APs were found in the in the area, which is however to be verified at the time of up-dating SLARP. 22. Allowance for severely affected persons: An AF loosing greater than 10% of the productive land for project work is considered as severely affected. Accordingly, all 5 APs are severely affected as they loose between 13% to as much as 95% of their land. The severely affected person’s allowance is calculated as 20% of all allowances offered to APs. Since the demolition of Bangala bridge has not yet been determined, the cost cannot be included. However, this will be confirmed and reported in the updated SLARP. 23. Allowance for loss of agricultural labor opportunities: It is estimated that the proposed land acquisition will loose about 280 work days for local agricultural labor. The workers who will loose their opportunities will be identified with the help of APs and the community leaders who will be compensated at Afs 200 per day in Balkh head reach. GRIEVANCE REDRESSAL MECHANISM 24. The main objective of providing a grievance redress process is to avoid potential delays on the commencement and implementation of the construction program. APs will be made fully aware of procedures for resolution of grievances which will be the main responsibility of the NGO. 25. Care will be taken to prevent grievances rather than going through a redress by ensuring active participation of APs in the SLARP up-dating and implementation process. All attempts will be made to resolve grievances informally at the local level. If this attempt fails, APs will have the option of taking their complaint to the formal mechanism of addressing grievances, as described in Table 3.                                                             8 Several herds graze on the reservation (government land) along the river. With the construction of the weir, this area will no longer be available for cattle grazing

37 

Table 3: Grievance Resolution Process

Land/ Crops Compensation Issues 1. First, complaints resolution will be attempted at district level with the involvement of the senior district property supervisor, the district governor and implementation NGO. 2. In absence of a settlement, APs may lodge a complaint to the PMO. The Head of PMU will decide the case within 15 days and inform the AP. 3. If the PMU decision is unacceptable to the APs, they can register the complaint directly to the MEW within 1 month of receiving a response from the PMU with documents supporting their claim. The MEW will respond within 15 days of registering the complaint. The MEW’s decision must be in compliance with these LARF provisions. 4. Should all three levels of above grievance redress system fail to satisfy the AP, he/she may approach the appropriate court of law for its resolution. The AP will be facilitated in this process by the implementation NGO

26. The major grievances that can arise may include:

- APs not enlisted; - Losses not identified correctly; - Compensation / assistance inadequate or not as per entitlement matrix; - Dispute about ownership; - Delay in disbursement of compensation / assistance; and - Improper distribution of compensation / assistance in case of joint ownership.

TIMING OF PAYMENT

27. The implementation process of this RP will be started in March 2010 and payment of the compensation is scheduled in June 2010. PROJECT IMPLEMENTATION SCHEDULE

28. The project civil works contract is scheduled to be awarded in May 2010. The civil works will be completed in April 2012.