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Resettlement Planning Document

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

SHORT RESETTLEMENT PLAN

For the

TAJIKISTAN-AFGHANISTAN 220 kV POWER TRANSMISSION PROJECT

TAJIKISTAN

Prepared by Barki Tajik (BT), Republic of Tajikistan

March 2010

Short Resettlement Plan for the Tajikistan to Afghanistan 220 kV Transmission Line Project Page i

SHORT LAND ACQUISITION AND RESETTLEMENT PLAN

TABLE OF CONTENTS

ABBREVIATIONS ii Definition of Terms iii EXECUTIVE SUMMARY 4 A. INTRODUCTION 6 B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 11 C. SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS 14 D. LEGAL FRAMEWORK AND COMPENSATION POLICY 17 E. GENDER IMPACT AND MITIGATION MEASURES 24 F. INFORMATION CONSULTATION & DISCLOSURE REQUIREMENTS 25 G. GRIEVANCE REDRESS 27 H. INSTITUTIONAL FRAMEWORK 29 I. RESETTLEMENT BUDGET 32 J. IMPLEMENTATION SCHEDULE 34 K. MONITORING AND EVALUATION 35 ANNEX 37

Short Resettlement Plan for the Tajikistan to Afghanistan 220 kV Transmission Line Project Page ii

ABBREVIATIONS

ADB Asian Development Bank AF Affected Family AP Affected Person(s) BT Barki Tajik CBO Community Based Organisation ESD Environment and Social Department (now Monitoring Department) GOT Government of the Republic of Tajikistan GRC Grievance Redress Committee IR Involuntary Resettlement HH Households LARP Land Acquisition and Resettlement Plan MEW Ministry of Energy and Water, Afghanistan ME Ministry of Energy, Tajikistan NGOs Non Government Organizations PAP Project Affected Persons PPTA Project Preparation Technical Assistance ROW Right Of Way RP Resettlement Plan SIEE Summary Initial Environmental Examination TA Technical Assistance TJS Tajikistan Somani TL Transmission Line USD United States Dollars ZOI Zone of Influence Oblast Region Hukamat District Administration Jamoat Sub-district Administration

Short Resettlement Plan for the Tajikistan to Afghanistan 220 kV Transmission Line Project Page iii

Definition of Terms Affected persons (APs) mean all the people affected by the project through land acquisition, relocation, or

loss of incomes and includes any person, household (sometimes referred to as project affected family), firms, or public or private institutions. APs therefore include; i) persons affected directly by the safety corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project.

Compensation means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value.

Cut-off-date means the date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Detailed measurement survey means the detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground.

Encroachers mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project.

Entitlement means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base.

Inventory of losses means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets.

Land acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation.

Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation.

Poor means those falling below the official national poverty line.

Replacement cost means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged.

Sharecropper means the same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest.

Significant impact means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating).

Vulnerable means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less).

Short Resettlement Plan for the Tajikistan to Afghanistan 220 kV Transmission Line Project Page 4

EXECUTIVE SUMMARY

1. The government of Tajikistan has received a Loan from the Asian Development Bank (ADB) to undertake the Tajikistan leg of the Regional Interconnection Transmission Project (the Project) connecting via a 220 kV transmission line (TL) Sangtuda Plant with the Afghan border. The total value of contract is approximately US $20,931,889. The Project, with the Ministry of Energy (ME) as Executing Agency (EA) and Barki Tajik (BT) as Implementing Agency (IA), will require minimal land acquisition (LA) through some agricultural areas and cause no resettlement since the TL will mostly cross unused desert land. Based on the requirements of the Laws of Tajikistan (including SNIP standards) and of the ADB’s Policy on Involuntary Resettlement (1995) and Operations Manual (OM) Section F2/OP & F2/BP (2006), BT has prepared this Short Land Acquisition and Resettlement Plan (RP)1 in order to assess the impacts caused by land acquisition (LAR) for the Project, based on the Transmission Line “detailed design” which was completed in December 2009, and plan their compensation and rehabilitation to the Affected Families (AF). The preparation of this RP is in a fashion fitting the above-mentioned ADB policies and guidelines and is a condition for the approval of commencing civil works on this project. This LARP has been updated as a condition for approval by ADB and its implementation is a condition to civil works mobilization.

2. The 220 kV TL will run approximately 115.42 km from Sangtuda Hydro-Power Plant to cross the Pyanj River adjacent to the recently constructed Tajikistan to Afghan bridge border crossing near Kharadom opposite Sherkhan Bandar town in Afghanistan (Refer to Figure 1 – Map). The TL will mostly run over desert and unused land between, or on the side of, the cultivated and inhabited valleys of southern Tajikistan where most of the local population resides. Although careful attention has been exercised to avoid settled areas and minimize impacts, sections where the TL will cross cultivated land and where land acquisition impacts will occur are: i) Sangtuda, Dangara (approx. 2.34kms); ii) Bustonkala, Bohtar (approx. 1.3kms.); iii) Mashal, Vahsh (approx. 590m); and Panj & Shahraki Dusti, Kumsangir (approx. 14.5kms).

3. The project requires a total of 420 towers in total. All impacts to people are caused by the footing of the 50 TL towers (8 Angle Points and 42 Suspension) which will be located on productive land in the areas. In all, the Affected Families (AF) will be 47 (434 individuals in mostly extended families). They will lose 2,400 m2 of land permanently, 148,715 m2 temporarily, and some crop. In addition, a single Jamoat will lose 450 m2 of land permanently, 26,610 m2

temporarily, and some crop. As detailed in the LARP the cost of compensation and rehabilitation for the Project has been budgeted for TJS 161,564 (US$ 37,056). The actual cost is expected to be less than this, based on expected actual loss of crops, which will be determined once the date of acceptance of the LARP is known, and hence the anticipated construction dates determined, and compared with required crop planting times. The Project will not affect people classifiable as Indigenous Peoples under the ADB Policy on Indigenous People as all Tajik or Uzbek AFs are equally integrated in the national economy and mainstream multi-ethnic culture.

4. The basic compensation/rehabilitation principles set in the RP are: i.) LA will be avoided or at least minimized; (ii) compensation will ensure the maintenance of the AP pre-project living standards; (iii) AP will be fully informed/consulted on compensation options; (iv) AP socio-cultural institutions will be supported/used; (v) LA provisions will equally apply to women and men; (vi) Lack of formal title will not be a bar to compensation/rehabilitation; (vii) particular attention will be paid to women-headed households and vulnerable groups; (viii) LA will be 1 1Based on the ADB Operations Manual (OM) Section F2/OP & BP (2006), content/complexity of a RP varies depending on the degree of impact severity of a project. When impacts are severe [> 200 AP to be resettled or suffering >10% income losses] a full RP will be prepared. When losses are not severe [<200 AP to be resettled or suffering >10% income losses] only a short RP will have to be prepared. Given the number of APs and the type of impacts they suffer this project will only cause non-sever losses and therefore only a Short RP was prepared.


conceived/executed as integral part of the project and LA budgets will be part of project costs; (ix) compensation will be fully provided prior to land occupation/demolition. The RP also sets the eligibility/entitlement provisions for the projects impacts as detailed in table 1 below.

Table 1: Entitlements Matrix

Loss Type Entitled Persons Entitlements Implementation Issues Permanent loss of land use rights.

Holder of Land use Certificate e from Hukumat, or the government (i.e. presidential land).

A rehabilitation allowance for loss of land righ use in cash equivalent to market value of gross produce of the affected land multiplied by 5 years. (ii)

Project will resurvey the plot and issue a new land certificate.

Crops.

As above Crops affected by the towers and by stringing or tower transport will be compensated by default at market rate.

Project will restore the land to its pre-construction condition.

Trees Owners of affected trees • Fruit bearing trees: Compensation in cash based on 1 year yield x 5 years

• Young/not productive fruit trees: lump-sum in cash for inputs lost.

• Wood trees: cash compensation based on wood volume x market value of the wood

Vulnerable households

Affected household

1 additional cash allowance equal to market value of gross produce of affected land .

5. The ME will have overall responsibility for RAP preparation, implementation and financing and will exercise its functions via the Project Management Unit (PMU) at Barki Tajik. At the PMU, LARP implementation tasks will be handled by BT Monitoring Department and the resettlement team who will collaborate with BT district offices and with the district governments in the implementation of the compensation/rehabilitation program at local level. The project implementation consultants will assist in organizing and implementing the delivery of compensation/rehabilitation provisions. The PMU will internally monitor and report to the EA on LAR implementation. The EA will report to ADB monthly.

6. The LARP has been based on repeated AF consultation. As an appraisal condition, the LARP in English will be disclosed on the ADB website while that in Russian and a Leaflet in Tajik will be disclosed in the AFs communities. In case of grievances the AFs will first lodge a complaint with the District BT office. If settlement is not reached, within 14 days, the case would then be lodged to the BT PMU. If the grievance is still not settled the APs can then seek redress at the appropriate court.

Table 2 - Summary of impacts

Impact Category Magnitude of Impact

Affected Families 47

Affected People 434

Permanent Loss of Land Use 39,850 m2

Permanent Tree Loss 251

Temporary Crop Loss 174,425 m2

Vulnerable Families Affected Nil

Budget Costs TJS 161,564


SHORT LAND ACQUISITION AND RESETTLEMENT PLAN

A. INTRODUCTION

A1. Background and Project Description 1. The government of Tajikistan has received a Loan from the Asian Development Bank (ADB) to undertake the Tajikistan leg of the Regional Interconnection Transmission Project (the Project) connecting via a 220 kV transmission line (TL) Sangtuda Plant with the Afghan border. The total value of contract is approximately US $20,931,889. The Project, with the Ministry of Energy (ME) as Executing Agency (EA) and Barki Tajik (BT) as Implementing Agency (IA), will require minimal land acquisition (LA) through some agricultural areas and cause no resettlement since the TL will mostly cross unused desert land. In October 2006, BT, assisted by the Project preparation consultants, prepared an initial Land Acquisition and Resettlement Plan (LARP) for the Project. Since 2006, TL alignment was changed to avoid urban areas and during the detailed design phase (August 2009 to December 2009) this updated LARP was prepared. 2. Based on the requirements of the Laws of Tajikistan (including SNIP standards) and of the ADB’s Safeguards Policy Statement (2009), BT has prepared this Updated Land Acquisition and Resettlement Plan (RP) to assess the impacts caused by land acquisition (LAR) for the Project, based on the Transmission Line “detailed design” which was completed in December 2009, and plan their compensation and rehabilitation to the Affected Families (AF). The preparation of this RP is in a fashion fitting the above-mentioned ADB policies and guidelines is a condition for the approval of commencing civil works on this project. 3. The 220 kV TL will run approximately 115.42 km from Sangtuda Hydro-Power Plant to cross the Pyanj River adjacent to the recently constructed Tajikistan to Afghan bridge border crossing near Kharadom opposite Sherkhan Bandar town in Afghanistan (Refer to Figure 1 – Map). The TL will mostly run over desert and unused land between, or on the side of, the cultivated and inhabited valleys of southern Tajikistan where most of the local population resides. Although careful attention has been exercised to avoid settled areas and minimize impacts (see below), in a few points the TL will have to cross some areas and valleys where there is agricultural activity causing, here and there, some impacts to cultivated land. The sections where the TL will cross cultivated land are: i) Sangtuda, Dangara (approx. 2.34kms); ii) Bustonkala, Bohtar (approx. 1.3kms.); iii) Mashal, Vahsh (approx. 590m); and Panj & Shahraki Dusti, Kumsangir (approx. 14.5kms). (See Figure 1 below for Map details). 4. The project requires a total of 420 towers in total. All impacts to people are caused by the footing of the 50 TL towers (8 Angle Points and 42 Suspension) which will be located on productive land in the areas mentioned above. The remaining 370 towers (includes 366 double circuit towers in non-productive, unused land areas and 4 single circuit towers located at the Pyanj River Crossing) will not cause any direct social impact but based on Tajikistan law requirements the area taken by their base will have to be compensated through an inter-Governmental nominal price to the Hukamat Governments. Further temporary impact resulting from construction process has also been accounted for.


A2. Basis for this LARP Update 5. This LARP is based on the final technical detailed design. It was prepared by the construction consultant based on a new impact survey and AP census, a new socio-economic survey, additional AP consultation and updated costs. A3. Status of Civil Works 6. In 2009, the President of the Republic of Tajikistan signed a Decree which stated that the TL would be completed by the31st May 2010; in order to meet this schedule civil works had to start immediately. As at that time the LARP had not yet been finalized it was decided to stagger the implementation of civil works in two phases, one to be initiated early only in sections of the TL without impacts, and one to be initiated later after LARP finalization and implementation so as to reflect the requirements of ADB Policy. A4. RP-Related project Implementation Conditions 7. Apart from a review of the Project design RP, the data collected and used in this LARP has been obtained through Detailed Measurement Survey (DMS), Census and Socio-economic survey of 100% of affected households; Socio-economic Data surveys from Jamoats in affected areas; and observations. The process commenced in August 2009, but most surveys conducted in December 2009-January 2010, coinciding with the finalisation of the TL contractor’ Detailed Design process. To ensure that impacts data are updated based on the final design and guarantee that the AF are fully compensated and/or rehabilitated before their land is taken two basic project implementation conditions related to this LARP have been established:

i. LARP implementation: Conditional to the update of the draft LARP based on detailed design, updated data on AF/AP and costs and to the mobilization of an independent monitoring agency.

ii. Provision of no objection to the initiation of civil works in areas with impacts: Full delivery of the compensation/rehabilitation program detailed in the updated LARP based on proof provided by a compliance report prepared by the Independent monitoring agency.

A5. Measures to Minimise Resettlement and Land Acquisition 8. To fit ADB requirements efforts were made to avoid/minimize as much as possible negative impacts. The following measures were adopted to minimise project impacts: • Non-agricultural government-owned land was used wherever possible. • If the line had to cross agricultural land, the shortest feasible crossing distance was sought. • Where tower sitting allowed it, suitable land was sought from a land user with a large plot

to minimise the number of AFs and impact magnitude on any single AF. • Built-up areas were avoided.


Table 1: Property-use Land Status Scoping Chainage Km 0 –

4.127 Km 4.311 – 6.567

Km 6.88 – 15.466

Km 15.784 – 16.848

Km 17.12 – 18.738

Km 19.044 Km 19.336 – 52.428

Km 52.692 – 52.958

Km 53.283 – 86.222

Km 86.5 Km 86.901 – 90.096

Land-use b A b a B a b a b a b Towers erected 9/20 2/8 0/31 5/5 6/6 1/1 38/119 0/2 0/114 0/1 0/11 Time to completion 61 25 56 25 25 25 56 25 71 30 30 Chainage Km 90.328

– 90.998 Km 91.385 Km 91.739

– 92.885 Km 93.196 Km 93.409 –

95.234 Km 95.63 Km 96.026 –

97.728 Km 97.938 Km 98.132 –

98.479 Km 98.832 – 99.561

Km 99.849 – 101.059

Land-use a b a b a b a b a b a Towers erected 0/5 0/1 3/5 0/1 2/6 0/1 7/7 0/1 2/2 0/1 6/6 Time to completion 24 20 18 21 20 10 9 8 7 5 2 21 days to complete this section Chainage Km

101.402 – 103.692

Km 104.029 – 104.803

Km 105.157 – 115.415

Land-use b a b Towers erected 11/11 3/3 39/39 Time to completion 10 10 61 Legend : Chainage Km

Land-use a) public-used b) Pubic-unused

Towers erected 9/20 denotes 9 out of 20 towers erected as at 12 February 2010 Time to completion estimated elapsed days to completion, once approval to proceed is given, as at 18

February 2010. Takes into account terrain conditions, line stringing constraints, etc.


FIGURE 1 – MAP OF PROJECT AFFECTED AREAS


A6. Objectives of the LARP 9. The key objective of this LARP is to provide an effective, practical guideline to the PMU, under the BT, and the Project Management Team to implement land acquisition and compensation processes in a fashion fitting sound planning principle and the requirements of the current prevailing legal norms of Tajikistan and in compliance with guidelines of the ADB. The key tenets that will guide the compliance with LAR aspects during Project are: (i) land acquisition will be avoided or at least minimised; (ii) compensation will ensure maintenance of pre-project living standards of APs; (iii) APs will be fully consulted/informed on compensation options; (iv) APs socio-cultural institutions will be supported/used; (v) LAR procedures will equally apply to women and men; (vi) lack of formal title will not prevent compensation rights under the entitlements matrix; (vii) LAR will be conceived and executed as an integral part of the Project and budgets for LAR will be included in Project costs; (viii) impact to structures will be avoided at all costs; (ix) all LAR and compensation payments will be completed and endorsed by ADB prior to civil works commencement in the impact area. 10. This RP has been prepared taking into account the general findings of the survey data, field visits, secondary socio-economic data and consultation and meetings with stakeholders in project areas. The RP identifies (i) AFs, impacts, and extent of losses; (ii) principles and the legal framework applicable to compensate/rehabilitate the AFs; (iii) the responsibilities and mechanisms for the implementation of the compensation/rehabilitation process; (iv) relative schedules and costs, including recommended compensation levels owed to each AF ;and (iv) monitoring responsibilities and tasks.


B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

B1. Census Survey

11. An AF Census, Detailed Measurement Survey of impacts and socio-economic survey of the AFs were carried out for this update, as was a socio-economic survey of Jamoats in the 4 affected areas located along the TL. Data collection survey formats and approaches were prepared in August 2009, with 3-days of on-the-job training for the local consultant, BT selected PMU staff and joined by Hukamat Land Council and local Jamoat representatives as appropriate. All surveys conducted between 1st December 2009 and 10th January 2010, directly after the contractor fully completed the detailed design of tower placement locations in the 4 affected areas. During August and the later data collection periods, additional consultation sessions were held with Hukumat and Jamoat leaders, the AFs and their neighbours so as to understand community’s responses to the project, perceived benefits and impacts, local needs/options, project options and choices. The end date of the AF Census/DMS and surveys, 10th January 2010, marks eligibility cut-off date under this LARP. B2. General Description of Types of Impacts 12. In total the Project will require the construction of 420 lattice towers over the115.42 km length of the Project (inclusive of single circuit towers connecting the TL across the Pyanj River into Afghanistan). It has been calculated that 50 of these towers will cause direct impact on 47 AF’s (434 individuals) which will have to be compensated appropriately. 13. Calculations for assessing the impacts are based on the standard suspension and angle point tower designs provided by the contractor at detailed design. That is, standard suspension tower designs with a footprint inclusive of 50 sq m, and angle tower designs with a footprint of 100 sq m inclusive of an allowance for concrete footings. Towers in desert/unused areas will require transfer of land from the local administration to Barki Tojik. Furthermore, under the legal norms of Tajikistan, no agricultural or other land use activity is permitted under any erected transmission line tower. Therefore, acquisition is permanent. B3. Impacts 14. The results of the Detailed Measurement Survey (DMS) and of the AF/AP census are provided below (Also refer to Annex 2 for total calculated losses). i. Permanent land impacts – In all, the towers in cultivated areas will be 50 (42 standard and 8 angle point towers). Taking into account that for a standard tower and an angle tower land acquisition is 50 sq metres and 100 sq metres respectively, tower construction will require in all the acquisition of 2,850 sq metres of cultivated land (as not all towers are fully on cultivated land).


Table 1: Land Impacts

Towers No. Area affected (m2) Jamoat Plots No. Angle Suspension

Dangara 2 2 7 550 Vaksh 3 5 250

Kumsangir 23 6 30 2,050 (1 angle tower only half on agricultural land) Total 28 8 42 2,850 II. Crops affected by towers – Crops will be compensated by default regardless of whether a land user is able to harvest prior to possession of the land. The crops include crops affected by tower construction and crops affected by secondary activities such as stringing and moving the towers in situ. The crops affected are Wheat, Onions, Cotton, Carrots and Lucerne. Crop areas and quantities affected are detailed below in table 2.2. Table 2 - Crop Impacts due to tower impacts Crop Type Area affected Productivity / m2 Quantity affected Market value / kg. Wheat 1,100 m2 0.18 - 0.319 kg/m2 318.20 kg 1.0 – 1.1 TJS/kg Cotton 1,100 m2 0.203 kg/m2 223.3 kg 1.5 TJS/kg Onions 350 m2 1.56 kg/m2 546 kg 1.0 TJS/kg Carrots 75 m2 1.56 kg/m2 117 kg 1.0 TJS/kg Lucerne 75 m2 1.2 kg/m2 90 kg 0.2 TJS/kg Total 2,700 m2 iii. Crops affected by temporary land Occupation – During tower construction operations additional crop losses may occur.. For each tower it has been calculated that in addition to permanent land acquisition an average of 300 sq metres around the base of the tower will be temporarily affected. Land will also be temporarily occupied when moving from tower to tower for access, movement of tower sections and equipment, and for the stringing of conductors. In all, including the areas around the bases of the towers, and the access ways for movement of towers and for stringing, this area measures 178,280 sq metres. For these temporary impacts the APs will have to be compensated for eventual crops losses.. Actual compensation will be based on the market value of crops lost. This applies both to crops that at the time of construction/stringing have already been planted or to crops that the AP will not be able to plant due to the disturbance in his plot. For budgeting purposes all crop impacts due to temporary land acquisition have been assessed and budgeted. however if in the 2010 agricultural season the farmers will still be able to plant the crops after construction and stringing they will not be compensated. Table 3 - Crop Impacts Due to Temporary Works (not including trees) Crop Type Area affected Productivity / m2 Quantity affected Market value / kg Wheat 82,796 m2 0.18 - 0.319 kg/m2 21,463 kg 1.0 - 1.1 TJS/kg Cotton 74,070 m2 0.203 kg/m2 15,036 kg 1.5 TJS/kg Onions 12,646 m2 1.56 kg/m2 19,728 kg 1.0 TJS/kg Carrots 1,177 m2 1.56 kg/m2 1,836 kg 1.0 TJS/kg Lucerne 2,176 m2 1.2 kg/m2 2,611.00 kg 0.2 TJS/kg Corn 1,560 m2 0.34 kg/m2 530.00 kg 0.8 TJS/kg Total 174,425 m2


iv. Loss of trees -The trees affected are very few. For fruit bearing trees, they include losses of Peach, Quince, Apple and Pomegranate trees. . For non-fruit bearing trees, they include Plane Trees and Willows. Details on quantities are provided below in tables 4 & 5 Table 4 - Fruit Bearing Tree Losses

Quantity Total Tree Type Non-fruit bearing Fruit bearing

Peach 106 10 116Quince 10 10Apple 16 16Pomegranate 20 28 48Grape 22 22Total 126 86 212 Table 5 - Non-Fruit Bearing Tree Losses Tree Type Quantity Plane Trees 26 Willows 8 Total 34 Houses, structures – No impacts on buildings will occur. The detailed design of TL has ensured that no structures will be affected or AF’s relocated, as a result of the project development. B.4 AF/AP Census

15. Number of Affected Families – There are 27 AF (number of AP) affected by tower construction and another 20 AF (number of AP) affected by stringing or tower transport. Table 6 details all these AF/APs in general and based on specific losses.

Table 6 - Details of AFs and APs by category

Number of AFs/HHs AP Category (x impact

type) Absolute (Without double counting)

Net AP Number

Remarks

A Permanent Loss of Land-use rights 27 27 271 B. Crops B1. Loss of crops (directly affected) 26 - Included in A. B.2 Loss of crops (affected by temporary access trails) 46 20 163 26 Included in A C. Loss of Trees 7 0 Included in A G. Total (A+B+C) 47 434

16. Number of Vulnerable and Severely Affected Families – There are no affected vulnerable families, that is families below the poverty level or headed by a woman, amongst the families affected by this project. Also there will be no severely affected families (losing more than 10% of their land)..


C. SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS

17. A rapid Jamoat level community socio-economic survey within the Project Zone of Influence (ZOI) was conducted in December 2009 – January 2010 focussing particularly on Jamoats located around the areas where affected households are located. Similarly, a socio-economic survey was conducted with 100% of affected households at the time that the DMS and Census was conducted. C1. Family Structure 18. Details of the family structure, housing types, and access to amenities such as water and electricity, are given in the following table. Affected households are young, with 70% of household members under the age of 18 years old. This indicates the importance of compensation for income losses to affected households, in order to support such large family sizes. All houses were rural, single dwellings of a solid, all weather structure. When available, most AF’s and Jamoats surveyed indicated use electricity for light and cooking. There is generally no power supply during the winter months. The alternative fuel source used for cooking and heating was predominantly firewood with some Jamoats surveys also recording small percentages of residents using gasoline for and gas for cooking and heating purposes. Table 7 – Family Structure Number of nuclear (parents and children) families 19 Number of extended families 28 Average size of household in Khatlon Province 7.3 persons Average number of people in Affected Families 9.2 persons Maximum number of people in any affected family 26 Number of affected families having electricity supply 47 Maximum number of hours of electricity per day 12 Number of affected families having piped water supply 0 C2. Education and Vulnerability 19. Details of the education levels and vulnerability of affected persons are given in the table below: Table 8 – Education and Vulnerability Number of literate household heads 47 Percentage of boys attending school 100% Percentage of girls attending school 98.5% Total percentage of males who completed primary education 100% Total percentage of females who completed primary education 99% Total percentage of males reaching vocational level 60% Total percentage of females reaching vocational level 5%


C3. Ethnicity 20. In the Project area, the socio-economic survey recorded an average of 80% Tajik, 17% Uzbek and 3% other. Details are given in the table below. No AFs were recorded as being Indigenous Peoples as defined by the Indigenous Peoples Policy of ADB. The affected minorities in fact are not vulnerable, fully participate to the national and local economic and political life and are not holders of ancestral territories. As such this Project will not trigger the ADB policy on involuntary resettlement. Table 9 - Ethnicity Ethnic Origin Number of Affected Families Tajik 43 Uzbek 4 C4. Poverty 21. Jamoats were asked, during the socio-economic survey, about the community poverty levels. Overall, communities define poverty and wealth by annual income level, livestock ownership and vehicle availability and access. Therefore, compensation for cropping area, or income source, including land acquired for the project TL Towers is an important social impact mitigation requirement under this Project. In the communities surveyed, an average of 65.7% of the population was considered as poor, with 31.8% considered well-off and 2.5% considered rich. Although each community surveyed showed very high poverty levels, there also appears to be no obvious congruent trend relating poverty level to accessibility and remoteness to Hukamat centres or to Dushanbe2. C5. Gender Roles 22. The AF DMS and Census found there were no female headed households affected by the foreseen land acquisition although Gender measures have been set in place (see below) in case of female headed households are by chance affected by the project construction, as this implements. Gender roles in social and economic activities are governed by female educational status as well as several other socio-economic variables. In most households, women were observed undertaking unpaid home and farm based reproductive (childcare, cleaning, food preparation) and productive (growing vegetables) work. In many cases women also work on the family or collective farms undertaking weeding, thinning and harvesting of crops such as cotton. Men tended to undertake farm work which involved use of machinery (tractors). However other work such as collection of water and wood was generally shared. Young boys appeared to have the responsibility of caring for the domestic animals (sheep, goats and cows). Women seemed less connected to formal communication channels than men, since it was often a family male who attended and responded during the surveys, although some women did actively participate in consultations. Male household heads almost all also attended a mosque.

2 According to the “Socio-Economic Atlas of Tajikistan 2005”, the absolute poverty line is defined as TJS47.06 per month per capita consumption (total consumption aggregated). The latest official figures from the Government of Tajikistan give the poverty level at TJS 139 per month, and the extreme poverty level as TJS 89 per month. None of the affected families had a per capita consumption below the poverty level. This is consistent with the relatively high levels of both men and women who are economically active in these regions, and the high percentage cover of optimal agricultural land.


C6. Occupation, Economy and Income Levels 23. Over the Project area, the main livelihood source in the communities surveyed were predominantly farmers with landuser documents, followed by remittance with family members overseas or in other regions of Tajikistan, Government workers (including education and health workers), and labourers. 96% of AFs revealed a primary occupation as farming, with 4% (1 AF) receiving a pension as prime income source. The latter AF and a small group of other AFs income was supplemented by regular remittance from a family member in Russia. Many APs have several types of crops. Details of the predominant crop are given in the table below. Table 10 – Primary Occupation Primary Occupation Number of Families Farming – Cotton 17 Farming – Wheat 8 Farming - Corn 10 Farming - Vegetables 7 Farming – Lucerne 3 Farming - Fruit 1 Pension 1 24. There is a fair amount of subsistence fruit and vegetable gardening in the rural areas. In general, rural people are extremely cash poor, and most reported that if they received compensation for land acquisition, it would contribute to payment of taxes, supplement food for the household or be reinvested in the farm. In 3 cases, AFs wanted to contribute the compensation to the development of the Rogun HPP for increasing local power supplies. Details of income, expenditure, and remittances received are given in the table below. Table 11 - Income, Expenditure and Remittances Average Annual Income (TJS) 3,581 Average percentage of income spent on food 80% Families receiving remittance from overseas 6 Average remittance from overseas US$100 to US$300 per month


D. LEGAL FRAMEWORK AND COMPENSATION POLICY

D1. Policy and Legal Framework for Land Acquisition and Resettlement

25. The policy framework for the Project is based on the ADB policy on Involuntary Resettlement (1995) and the Operations Manuals F2 on Involuntary resettlement (2003 & 2006), the Constitution of the Republic of Tajikistan, and the Land Code of the Republic of Tajikistan. Where differences exist between local law and ADB practices, the resettlement policy will be resolved in favour of the latter.

D2. Tajikistan Constitution, law and regulation on land acquisition, resettlement and compensation

26. The Constitution of the Republic of Tajikistan is the main legal document guaranteeing citizen’s rights. Article 13 states “Land, bowels of the earth, water, airspace, animal and vegetable kingdoms, and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people.” Further, Article 12 states “The economy of Tajikistan is based on various forms of ownership. The state will guarantee freedom of economic activity, entrepreneurship, equality of rights, and the protection of all forms of ownership, including private ownership.” The legal basis for state acquisition of private property for public works is outlined in Article 32 which states “…The property of an individual is taken away only on the basis of the law, with the consent of the owner and to meet the requirements of the state and society, and with the state paying full compensation.” 27. Compensation for Land withdrawal and other impacts due to public interest projects are regulated also by other legislative acts governing land withdrawal, land allotment and impacts compensation to the citizens are the Land Code RT (LC), the Civil Code RT (CC) and various normative-legal acts. Based on these laws the withdrawal/allotment of lands and resettlement is based on the following applicable principles:

i. land users have a right to be reimbursed for losses due to withdrawal of right of land use for state and public needs (Article 41,43 LC).

ii. at termination of the rights of property then property will be assessed on the basis of its market value (Article 265 CC).

iii. land user or user of other registered rights associated with land should be noticed in written about land withdrawal by local land management authority not later than one year before coming land withdrawal procedure (Article 40.LC).

iv. If according to International agreements which are recognized by the Republic of Tajikistan other rules are established than those which are specified in the Land Code of the Republic of Tajikistan, so the rules of international agreements will be accepted (Article 105, LCRT).

28. The LC, 1997 is the core legal document with regards to land acquisition. It has been updated a few times since then, most recently in 2004. Article 2 of LC states that there is no “private ownership of Land, “Land is an exclusive ownership of the State,,, [but]... guarantees its effective use in the interests of its citizens. However, in Articles 10-14, the LC outlines Land title as being of long-term, short-term and inherited land use entitlement. 29. Article 24 of LC describes the allocation of land for non-agricultural purposes and provides that when choosing a suitable location for such land uses, land not suitable for agricultural should be favoured. The same principle is stressed by Article 29 of LC which discourages the use of high-yielding agricultural land for non-agricultural use. However, Article


29 also allows for allocation and sequestering of agricultural land for “other very important State objects”. 30. Article 31 of LC provides that land acquisition for non-agricultural public purposes is subject to the award of compensation. “Terms of allocating land plots to new land users for non-agricultural needs must envisage compensation of all losses related to confiscation of land plots from former land users, as well as compensation of losses in agricultural production”. Article 19 of LC states the rights of land users including clauses allowing a land-use rights holder the “waiving voluntarily land plot” or “indemnifying for [compensating] for losses” as mentioned in Article 41 of LC. This article sets out the basis for compensation: “Fully reimbursed shall be losses, including loss of profit, caused by:

a) sequestrate of land for non-agricultural purposes; b) restriction of land users' rights; c) deterioration of land quality as the result of activities of other land users.

In the case of this Project, this could be interpreted as compensation for permanent loss of land use and crops, and complying with b) and c) above, the need to compensate for temporary use of land and disturbance of cropping patterns for construction purposes. 31. Calculation of the compensation due for land acquisition is contained in Articles 43 and 44, which state “actual prices of equipment and materials as well as prices of assets and other works existing either at the moment of confiscation of a land plot and drafting of the report shall be applied. When calculating losses of agricultural production and forestry, the standard costs for bringing into cultivation virgin lands and improve them so that they reach the maximum level of production obtained on the sequestrated lands shall be applied. Disputes about the amount of compensation for damages caused and losses of agricultural production and forestry shall be settled in court”. 32. The guarantee of land users’ rights is further emphasised in Article 48 which states: “Confiscation of land plots from natural persons for state and public needs can be made after:

a) having been assigned of another equivalent land plot; b) having been constructed on a new place of housing, industrial and other structures

equivalent in their purpose instead of plots sequestrated, in the established order, by enterprises, institutions and organizations for which the land plot was assigned;

c) having paid full compensation for all other losses, including profit loss (Article 41 & 42 of this Code.)

33. Compensation for land, which belongs to the State and is allocated and essentially leased to users by each hukumat, is divided on a 40-60% basis between the hukumat, which will no longer derive an income from taxes and leases for that portion of the land going forward, and the land user, who suffers a reduction in his/her income generating asset. The compensation received by the hukumat is used for the management, construction and maintenance of local infrastructure. The land user also gets compensation for lost crops based on the average of the 4 years previous to the impact.

D3 ADB’s Policy on Involuntary Resettlement

34. ADB policy requires the following with respect to land acquisition and resettlement:

(i) Involuntary resettlement is to be avoided or, if unavoidable, minimised through all viable options.


(ii) The AF should be compensated and assisted, so that their economic and social future would be generally as favourable as it would have been in the absence of the Project.

(iii) The AF should be fully informed/consulted in resettlement and compensation options.

(iv) Local socio/cultural institutions should be supported / used to the greater extent possible.

(v) Lack of formal legal land title should not be a bar to compensation or rehabilitation.

(vi) Compensation shall be provided to the AF at full replacement cost of the affected assets. Compensation rates for houses and other structures, and non-physical assets will be calculated at prevailing market rates for replacements without provision for deduction of depreciation.

(vii) Particular attention should be paid to AF headed by women and other vulnerable groups, and appropriate assistance provided to help them improve their status.

(viii) Land/other compensation/rehabilitation provisions will equally apply to women and men.

(ix) Land acquisition and resettlement will be conceived and executed as an integral part of the project and related budgets will be included in project costs.

(x) Compensation will be fully provided prior to ground levelling and demolition. 35. As per ADB’s Safeguards Policy Statement, important elements of the resettlement policy are: (i) avoid and minimize land acquisition and resettlement impacts; (ii) compensate for lost assets at replacement cost; livelihood, and income restoration; (iii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iv) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it.3 This has been done through variation of the alignment away from built-up urban communities to avoid house relocation, as a result of tower placements; compensation for crop losses as a result of permanent loss of land use area; and compensation for access and damage to crops and cropping season as a result of construction impacts. D4 Policy Differences and Reconciliation

36. A comparison of the above Tajikistan Land Code and ADB policies are summarised in Table 4. Any difference between Land Code of Tajikistan and ADB policy will be resolved in favour of the latter.

3 Rehabilitation measures include restoration of access to public facilities, infrastructure, and services; and to cultural property and common property

resources. Measures to mitigate loss of access to cultural sites, public services, water resources, grazing, or forest resources include establishment of access to equivalent and culturally acceptable resources and income-earning opportunities. Such measures must be determined in consultation with affected communities, whose rights might not be formally recognized in national legislation. Where people are seriously affected by the loss of assets, incomes, and employment, compensation solely for lost assets may not be adequate to restore their economic and social base. Such people will be entitled to rehabilitation assistance measures for restoring incomes and living standards.


Table 12 - Comparison of ADB Policy with Tajikistan Land Code ADB

Policy Requirements Tajikistan

Land Code (LC) Provisions Reconciliation provisions

The AP are to be informed and consulted on resettlement and compensation options.

The LC does not provide for consultation In this project APs were consulted on options. The RP will be disclosed to them.

The AF should be compensated and assisted, so that their economic and social future would be generally as favourable as it would have been in the absence of the Project.

The LC provides for compensating for loss of land right, buildings, crops, trees and other assets. However it is not clear of income losses (i.e. business losses) are to be compensated.

This project will provide compensation for loss of land rights land and crop losses. The other losses listed in column 2 do not apply to this project..

Compensation is to be provided in terms of replacement rates.

The LC mandates compensation at replacement rates through provision of land x land. However this is not be the case if land is paid in cash as the replacement value (reproduction cost) of a plot is shared on a 40—60% proportion between the local government and the user respectively.

When land x land compensation is not technically feasible (as for this project) local administrations may give cash compensation. This practice will be adopted for this project. Compensationwill provided 100% to the AFs based on production lost for 5 years

Lack of formal legal title to the land by some affected groups should not be a bar to compensation or rehabilitation.

Compensation is provided only to registered settlers.

The issue is not relevant in the case of this project as there are no squatters affected.

Beside compensation at replacement cost for land, houses, crops ,trees and businesses ADB policy provides for rehabilitation allowances for severe impacts, vulnerable APs and relocation..

The Law provides for compensation for all losses but does not specify how business compensation is to be carried out. Also the law does not provide for the ADB required allowances..

In the project there will be no severely affected or relocated AP or business losses. The project however will provide allowances for vulnerable people.

D5. Principles and Policies for the Project

37. Given the assessment above, some provisions in the Land Code have been waived to make it consistent with resettlement principles of ADB’s Policy on Involuntary Resettlement. For the reference of BT in preparing and subsequent implementing of this LARP the following project principles and policies have, and will continue to, apply:

(i) Barki Tajik will guarantee the implementation of the compensation and rehabilitation framework detailed in the next section of this Chapter.

(ii) AP/AF impacts must be avoided or minimized as much as possible.

(iii) If impacts are unavoidable, the APs/AFs losing assets, livelihood or other resources will be fully compensated and/or assisted so that they improve or at least restore their former economic and social conditions.

(iv) Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual salvaged materials and as detailed in this LARP.

(v) Hukumat Land Council will facilitate changing of land-use certifications of AF’s without fee charges.

(vi) Information on the preparation/implementation of a LARP will be disclosed to all APs and people’s participation will be ensured in LARP planning and implementation stages.

(vii) This LARP revision and implementation stages must be approved by ADB and BT.

(viii) The eligibility cut-off date will be the last day of the LARP updating survey/census (8th January 2010).

(ix) Before taking possession of the acquired lands and commencing construction, compensation will be paid in accordance with the provision described in this updated


LARP. No land will be taken until the legitimate user is compensated or rehabilitated as provided in this LARP

(x) Every effort will be made to minimise the time lag between notice of acquisition and payment of compensation.

(xi) An entitlement matrix for different categories of APs has been prepared and provisions will be kept in the budget for those who were not present or unavailable at the time of census survey. However, people moving in the Project area after the cut-off date will not be entitled to any assistance.

(xii) As plots to be acquired are few, small land for land compensation will not be considered.

(xiii) Lack of formal legal land title is not a bar to compensation or rehabilitation.

(xiv) Particular attention shall be made, in all activities related to resettlement planning, implementation, and monitoring to ensure the involvement of women and other vulnerable groups.

(xv) Two representatives of project affected families, one of whom should be representative of village women or vulnerable groups will be invited to join the committee to be set up to provide local support for AFs.

(xvi) Local consultative groups will be established at district level to support the AFs and resolve any conflicts which may arise during the compensation process. These groups will have access to and disseminate information about a set of procedures for lodging complaints and grievance resolution.

(xvii) If possible, one member from each AF will be given priority where local labour is required for the construction works. Where training is a necessary prerequisite to this work, suitable training will be provided prior to construction works.

(xviii) Compensation measures will equally apply across gender lines and vulnerable groups if any identified.

(xix) AP consultation will continue during the implementation of LARP.

(xx) The full compensation of affected assets will be a condition for the initiation of civil works.

38. All AF and APs will be entitled to compensation for loss of land, crops/trees at replacement value. No other impacts are envisaged.

D6. Compensation and Rehabilitation Framework 39. Based on ADB policy requirements, prevailing Tajikistan policies, and the reconciliation mechanisms detailed above, the EA has established a compensation and rehabilitation policy framework for the project detailed in the following paragraphs. In consultation with Hukumat Land Councils in the 4 affected areas and with APs, the EA has also recommended a compensation level for each AF, given the extent of their losses, as a result of this Project (Annex 2). The framework below and recommended compensation rates will be further confirmed by Hukumat-AF agreement during LARP implementation. D 6.1 Compensation and rehabilitation eligibility 40. APs entitled for compensation or at least rehabilitation provisions under the Project are:

• All APs losing land irrespective of land right type and with or without formal land-use rights or traditional land-use rights;

• Tenants whether registered or not;


• Owners of buildings, crops, plants, or other objects attached to the land; and • APs losing business, income, and salaries.

41. Compensation eligibility will be limited by a cut-off date set on 8th January 2010, the final day of the AP census. APs settling in affected areas after this date will not be eligible for compensation. They, however, will be given sufficient advance notice to “vacate” the areas being acquired in order for crops to be harvested or transplanted if needed or if the AP desires, without hindrance to the compensation rate to be provided. Forced “eviction” or resumption of the land area, will only be considered after all other efforts are exhausted. D 6.2 Compensation and rehabilitation entitlements 42. Entitlement provisions for APs losing land and income losses and rehabilitation subsidies include provisions for permanent and temporary land use losses, house and buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. These entitlements are detailed below:

i. Land permanently acquired: cash compensation to all land users will be an allowance for lost land-use rights based on the market value of the net produce of the affected land x 5 years. In the absence of an active and official market for land, this formula roughly reflects compensation based on information published on the Internet by the Federal Reserve Bank of Kansas City in 2009 (www.kansascityfed.org/RegionalAffairs/MainStreet/MSE_0609.pdf), and on anecdotal evidence known to the Consultant in Australia, both of which indicate that the market value of the land corresponds to the amount obtained by the formula used. The land user will also have their lease agreement with the Hukumat (district) updated, at no cost to them, to reflect the decreased land size and proportionate decrease in land fees and taxes. This compensation will be provided 100% to the AFs irrespective of the type of land right they hold.

ii. Crops: Compensation for crops based on average market value over the year before construction, at market rate. Crop compensation will be paid only if a crop has actually been lost, or if a crop will be lost due to the works (see also paragraph 14. iii, above). Where land was fallow at the time of construction, or if it will be fallow at the time of construction, compensation for a lost crop will not be paid. Trees: a.) Wood trees are valued based on wood volume x the market value of the tree's wood. b.) Productive trees are valued differently depending on they are bearing fruits or not as follows:.

• Non-fruit bearing trees are valued based on a lump sum reflecting their reproduction cost (cost of seedlings + annual inputs x median age of trees).

• Fruit-bearing tree are valued based on type of tree and income lost (net annual income x number of years needed to re-grow the tree to a productive stage) plus cost of replacement saplings.

Iii Vulnerable Families Allowances: All vulnerable AF (AF below poverty level or headed by a woman) will receive one additional compensation for the crops in the affected plots.


D7. Project Entitlement Matrix 43. The entitlement matrix below provides provisions for compensation and entitlements as described in the likely impacts of the Project. Table 13 - Entitlements Matrix


Holder of Land use Certificate e from Hukumat, or the government (i.e. presidential land).

A rehabilitation allowance for loss of land righ use in cash equivalent to market value of gross produce of the affected land multiplied by 5 years. (ii)


Crops.






Vulnerable households

Affected household



E. GENDER IMPACT AND MITIGATION MEASURES

44. The nature of the project, being construction of electrical power transmission towers, has construction nuisance/land acquisition as its only social impact, since the end product will not enhance or disrupt any community service. Both men and women were consulted, and socio-economic survey data also included collection some gender disaggregated data sets, in the project areas to determine their views on project impacts. Men’s major concern was temporary land acquisition interrupting cropping and harvest and issues related to eventually receiving compensation for tower placements. Women expressed no such concern and felt that the project would have little if any impact on them. Both men and women expressed a desire to undertake project-related employment if the opportunity arose. Men in general were more aware of the Land Code and Constitution. Men were also better connected to formal community networks through participation in village meetings and activities at the mosque. Therefore it is likely that women will receive less information passively about the project. 45. There were no female headed households identified during the DMS/Census of AFs. However, it is recognised it is important that male and female AF members are kept informed of the land acquisition and compensation policies developed in this LARP to ensure LAR impact is minimal to the AFs along the Transmission Line alignment. Therefore, measures have been built into the information dissemination programme to ensure female APs and female headed households (in the case that these are identified) are provided with project information, and included in discussion groups concerning compensation and grievance redress. Male and female APs were equally likely to be literate. 46. Particular strategies to ensure gender mainstreaming of project activities include:

• Ensure each household has a copy of the project information booklet for reference of entitlements rather than relying on dissemination via village or public meetings, which are more likely to be attended by men.

• Additional copies of the project information booklet will be distributed to women’s organisations, Hukumat and Jamoat offices and other places where women gather. This will ensure there is a means of community-based support for informing and supporting female AF household members.

• The Resettlement Plan policies stipulate equal entitlements and provisions for men and women.

• Contractor’s bid documents did emphasise equal opportunity and equal pay regardless of gender.

• Additional provisions for livelihood enhancement will be made if a female headed household is identified, by chance, and/or found to be severely affected by the project. However, during the DMS/Census, no female headed household was identified.


F. INFORMATION CONSULTATION & DISCLOSURE REQUIREMENTS

F1. Consultation 47. This LARP has been prepared in close consultation with the AFs, who have been informed about the Project and the likely impacts. Other stakeholders consulted over the course of the Project have included (i) AFs; (ii) Jamoat Leaders; Hukamat representatives (planning Department and land committed representatives) (iv) Government agencies and Departments; and (v) neighbours in the project Zone of Influence. Consultations, including agreement on values of individual crop losses were carried out through consultation with single households during the AF DMS/census/Socio-economic survey and during technical supervision field work; through community socio-economic survey data collections conducted by Jamoats in affected areas and through discussions with local leaders and officers at Jamoat and Hukamat levels. Furthermore, during the DMS/Census activity, the team worked with both the community and Hukumat Land Department officials, in order to facilitate AF-Hukumat interaction that will result in an agreeable compensation evaluation. Levels of permanent crop and land area losses has been agreed with each AF and the local Hukumat. 48. To ensure full participation, especially in areas affected by land acquisition, the project has employed methods such as community meetings, informal interactions and interviews with community consultation groups and consultation with affected families for specific land acquisition and compensation actions. Most AFs consulted were happy to be kept informed by means of information booklet or formal notice. Disclosure at regular village meetings is not an ideal method for communicating the RP developments, as not all AF males and unanimously all AF women did not attend these meetings. Table 14 Consultation Meetings Meeting Date Location of Meeting No. of Persons attending 23 Dec 2009 Dusti and Kumsangir Jamoats, Kumsangir area 7 24 Dec 2009 Sangtuda Jamoat, Dangara area 4 24 Dec 2009 Bustonkala Jamoat, Bohtar area 2 24 Dec 2009 Mashal Jamoat, Vaksh area 3 25 Dec 2009 Pyanj Jamoat, Kunsangir area 23 49. During the remaining period of Project implementation, AF consultation will be ensured through regular meetings organised by the PMU and BT field offices. These meetings will be used to together with the AFs, implementation problems and to undertake timely remedial actions. This will also act as the forum by which the contractor may keep AFs informed of the construction programme, allowing for crop harvesting and steps both the contractor and the AF can take in order to reduce impacts of construction on the environment and directly on the family (eg. noise and dust reduction etc.). There is also scope for the involvement of local institutions or organisations, non-government organisations, womens groups and community-based organisations in terms of participation in community consultations and external monitoring of the RP (if required).

F2. Resettlement and relocation options for AF losing agricultural lands 50. Consultation has been carried out with affected households. Compensation options have been discussed including cash compensation, land for land or a combination of approaches. The AF preference was for cash compensation for withdrawal of the land use in accordance with its cultivation value. As the socio-economic survey at Jamoat level and of the AFs themselves indicate, most AFs were viewed as “cash-poor”, thus compensation for crop loss of in income


terms is also very important. They noted that compensation received would be used (in most cases) for supplementing the daily living (food) expense, paying off taxes, reinvesting into the farm or a combination thereof.

F3. Community responses to the project 51. There is no direct benefit to AFs or communities along the TL alignment. However, the Project will benefit in income to the Tajikistan Government from power export to Afghanistan during power surplus periods of the year, and in the long-term, potential power import during harsh winter periods, as Afghanistan also develops its power generation capacity. Given the immediate, potential impacts and benefits of the Project, community response was understandably mild. Those consulted, generally saw the need for the project and appreciated the efforts that had been made to minimise social impacts. The main community concerns related to obtaining the appropriate compensation amount, including for temporary land acquisition during construction. Once reassured that any damage would be rectified, and damaged crops compensated for, community members were generally satisfied the project would have minimal impact. All relevant Hukumats have provided all assistance in preparing this LARP and were happy to sign over the required land to Barki Tajik on receipt of appropriate correspondence. Jamoat officials consulted were similarly supportive and happy to assist in information dissemination and dispute resolution. Other community responses and suggestions can be summarised as:

• Priority for local employment; • Occupational health and safety hazards; • Training of local people for project employment; • Compensation for damaged crops at local prevailing rate.

F4. Disclosure 52. Disclosure of this LARP will be carried out as a condition for the approval of the implementation of the LARP. This will be done through the posting of the English version on the ADB website, through the divulgation in local BT offices and each Hukamat Office of the LARP in Russian. Furthermore, Information Leaflets, in Tajik, will be delivered (see Annex 1) to all AFs in Tajik language during March 2010, after this LARP has been approved. The LARP is being translated into Russian and the Project Information Leaflet for Hukumat, Jamoat, district officials and AFs has been produced and is being translated into Tajik.


G. GRIEVANCE REDRESS

53. Great care will be taken to prevent grievances. This can be done through careful land acquisition design and implementation, by ensuring full AF participation and consultation, and by establishing extensive communication and coordination between the community, the PMU and local governments in general. This notwithstanding, complaints are sometime unavoidable and a grievance mechanism has been put in place by BT to allow the APs appealing any disagreeable decision, practice or activity arising from compensation/rehabilitation process. APs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, survey, and time of compensation. 54. Complaint & Grievances will be addressed through the following steps and actions (Figure 2):

i. A Hukumat Level Grievance Committee has been established. It includes 3-4 members of the affected community (including AP’s and non-APs); a representative of the Jamoat and representative of the Hukumat Land Council, to be chaired by the Deputy of the Hukumat or their nominated representative. Grievances must be heard and resolved within 14 days of submission of complaint

ii. If grievance is not resolved by the Hukumat Level Grievance Committee within the 14 days period, then complaints can be lodged at the BT district Offices where resolution will be attempted with the involvement of Hukumat and Jamoat officers as the elected representatives of the AF.

iii. If still unsettled after 7 days a grievance can then be lodged to BT at central level. Again the elected representatives of the AF will have the opportunity to mediate.

iv. If no solution is reached within 14 days the APs can further submit their case to the appropriate court of law.

55. The AF will be informed of their rights to grievance redress and will be assisted by the BT/Project Management and Jamoats to report their grievance, in order that an amicable solution may be found in favour of the AF.


Figure 2: Grievance Redress Process


H. INSTITUTIONAL FRAMEWORK

H1. Institutional Arrangements

56. The ME will have overall responsibility for LARP preparation, implementation and financing and will exercise its functions via the Project Management Unit (PMU) at BT. Within the PMU, LARP tasks is being handled by BT’s Monitoring Department (formerly known as the Environment and Social Department – ESD), in consultation with Hukamats and Jamoats, who will plan and manage all land acquisition, compensation and rehabilitation action detailed in this LARP. To carry out activities in the field the Monitoring Department will also liaise with BTs district offices and mobilize their personnel as needed. In the implementation of the compensation/rehabilitation program at local level, the Monitoring Department will also coordinate with the district (Hukamat) governments (Hukumat Land Management Council), which have the ultimate authority on local land acquisition matters under consultation with the State Land Committee. 57. The project management consultants have included in their team an International and a local resettlement specialist. They have and will continue to assist Monitoring Department in preparing and executing all LARP-related activities as required. The project management consultants have reviewed the LARP on the basis of the detailed design and updated with submission of this LARP, including organizing additional DMS, Census, AF and other surveys. This LARP has recommended compensation amounts for each AF determined in consultation with the AF themselves and Hukamat Land Council officers. Due to the small number of AFs, the project organisation for resettlement has been limited to the PMU, the District Barki Tajik offices, the APs themselves, with the hukumat officers performing their land planning duties and acting as advisor and advocate for PAFs as required. However, if deemed necessary during RP implementation, these institutions may be joined in the execution of the needed activities by village based organisations and NGOs. 58. The Hukumats will physically pay compensation. BT will, with Hukumats finalise agreements with the AF on the Compensation amount to individually disperse. BT will make arrangements for disbursing the needed amounts to each of the 4 affected hukumats following approval of the LARP by ADB. They will monitor the timely payment of compensation and its proper documentation and will NOT approve construction commencement until compensation is completed and land area is appropriately “vacated” or compensated. An account of this process, including amounts disbursed and verification of receipt by APs will be integral part of the PIU’s internal monitoring report. H2. Barki Tajik’s Institutional Capacity Building in Resettlement

59. BT has a Project Management Unit (PMU) set up to deal with the implementation of projects under ADB funding. To date the PMU has been primarily for the Power Rehabilitation II project. Resettlement activities are the responsibility of the PMU, with particular assistance of the Monitoring Department which sits within the PMU of BT. Key capabilities and activities of the Department are social impact assessments, environmental impact assessments, initial social and environmental examinations, and other monitoring, auditing, and associated project studies. 60. Although some of the members of Monitoring Department have extensive theoretical and practical experience in socio-economic investigations and surveys, so far the Department and


other PMU staff had only limited experience in carrying Land Acquisition and impact compensation/rehabilitation programs based on international standards. The Project Management Consultant, prior to DMS/Census and other surveys, offered a 2.5-days on-the-job capacity building programme in preparation for LARP data collection and implementation. This was held in August 2009, in which the Local Environment and Social Consultant, the Monitoring Department Director and other staff selected by the PMU whom would participate in LARP preparation, attended. Also attending, as appropriate, during site visits, were the Hukumat (including Land Council) and Jamoat representatives. The on-the-job capacity building programme included:

• Definitions, principles and procedures of land acquisition; • Public consultation and participation methods (including data collection requirements); • Liaising with Hukumat level representatives; and • Entitlements and compensation & assistance disbursement mechanisms.

H4. Resettlement database

61. All information concerning resettlement issues related to land acquisition, socio-economic information of the acquired land and affected structures, inventory of losses by individual APs, compensation and entitlements, payments and relocation will be computerised by the PMU office in Dushanbe. This database will form the basis of information for implementation, monitoring and reporting purposes and facilitate efficient resettlement management.


Figure 3: Organisational Structure for Implementation of Land Acquisition and Resettlement Plan


I. RESETTLEMENT BUDGET

62. The funds for the provision of rehabilitation allowances for loss of land use and for crops and trees compensation will be provide under the loan. 63. The PMU assessed unit compensation costs taking into consideration replacement rates as detailed above in chapter D. Budget figures recommended for each AF so far adopted for the Project will be finalised in signed agreement between Hukamat and AF following ADB approval of the LARP. 64. Total Compensation for each AF is recommended in Annex 2. Based on the recommended calculations of entitlements, as set out in Annex 2 per AF, the total budget (Table 18), including an Administration cost, has been estimated at 161,564 Tajikistan Somoni (USD 37,056) The following (Tables 15, 16, 17 and 18) is the total Resettlement Cost Estimate based on data collected between December 2009 and January 2010 land acquisition costs, crop compensation, plus estimates of costs for other resettlement activities. The tables below necessarily include some rounding errors, and for exact details relating to the compensation relating to each AF, please refer to the tables in Annex 2.

Table 15: Permanent Land Loss (calculated based on productivity of land)

Crop ITEM tower type

No. Size (m2)

Total area (m2 ) Type Area

(m2) Yield

(kg/m2) kg Unit

Cost (tjs)

TOTAL (unit cost x 5)

(TJS) Permanent Land Acquisition

Suspension 39 50 1,950 Wheat 300 0.319 96 1.0 479 Wheat 350 0.301 105 1.0 527 Wheat 100 0.300 30 1.0 150 Wheat 150 0.180 27 1.1 149 Cotton 750 0.203 152 1.5 1,142 Onion 150 1.560 234 1.0 1,170 Carrot 75 1.560 117 1.0 585 Lucerne 75 1.200 90 0.2 90

Agricultural land (to be given to AFs and one Jamoat)

Angle 8 100 750 Wheat 0 0.319 0 1.0 0 Wheat 200 0.301 60 1.0 301 Wheat 0 0.300 0 1.0 0 Wheat 0 0.180 0 1.1 0 Cotton 350 71 1.5 533 Onion 200 312 1.0 1,560 Carrot 0 0 1.0 0 Lucerne 0 0 0.2 0Total cost crops 2,700 6,685

Note: Trees losses for 3 towers, as detailed in Table 17, account for an additional land area of 150 m2, bringing the total land lost to crops plus trees to 2,850 m2, as stated previously 65. The budget for crop losses, due to temporary occupation of land, has been based on an area of 300m2 of land being affected for works directly associated with the erection of the towers. In addition, each individual tower site was surveyed to determine the loss of crop associated with temporary occupation of the land for movement between the towers and for stringing activities. The compensation budget has been calculated based on the area affected, the type of crop grown, and the market value of one crop which will be lost due to the temporary occupation. These losses are summarised in Table 16 below.


Table 16 - Crop Loss Budget

Crop ITEM Total area (m2 ) type Area(m2) Yield (kg/m2) Kg Unit Cost (TJS)

TOTAL (TJS)

174,425 Wheat 1,800 0.319 574 1.0 574 Wheat 2,700 0.301 813 1.0 813 Wheat 600 0.300 180 1.0 180 Wheat 900 0.180 162 1.1 178 Cotton 5,700 0.203 1,157 1.5 1,736 Onion 1,500 1.560 2,340 1.0 2,340 Carrot 450 1.560 702 1.0 702

Affected by tower

Lucerne 450 1.200 540 0.2 108Affected by stringing/tower Wheat 20,136 0.319 6,423 1.0 6,423transport Wheat 34,017 0.301 10,239 1.0 10,239 Wheat 6,400 0.300 1,920 1.0 1,920 Wheat 16,243 0.180 1,152 1.1 1,267 Cotton 68,370 0.203 13,879 1.5 20,819 Onion 11,146 1.560 17,388 1.0 17,388 Carrot 727 1,560 1,134 1.0 1,134 Lucerne 1,726 1.200 2,071 0.2 414 Corn 1,560 0.340 530 0.8 424Total crops cost 66,660The budget for compensation for the loss of trees has been calculated in accordance with Clause 42(ii) in chapter D. Table 17 below details the compensation calculated for tree losses. Table 17 - Tree losses costs

Non-fruit bearing Fruit bearing Tree Type No. Unit Lump

sum (TJS) Total

Compensation (TJS)

No.

Yearly yield (kg.)

No. years to re-grow

Total yield for 5 years

(kg)

Market value of

yield (TJS)

Total Compen

sation (TJS)

GRAND TOTAL

(TJS)

Peach 106 92.27 9,781 10 16.8 5 840 2,520 4,224 14,005Quince 0 0 10 16.8 5 840 2,520 4,224 4,224Grape 0 0 22 10.75 5 1,182 2,365 3,278 3,278Apple 0 0 16 16.8 5 1,344 4,032 6,758 6,758Pomegranate 20 116 2,320 28 8 5 1,120 6,720 11,424 13,744Plane Tree 26 520 0 0 520Willow 13 20 - 320 2,760 0 0 2,760Total - - - 45,289

Table 18 - Summary Costs Budget

ITEM TOTAL i.

Permanently Affected Land (TJS) 6,685Crop Losses (TJS) 66,660Tree Losses (TJS) 45,289Vulnerable AF allowances (TJS) 0Land Restoration Costs (TJS) 6,856Sub-Total (Compensation) (TJS) 125,490External Monitoring Agency (TJS) 5,000Administration (TJS) 10,000.00 Total 140,490Contingency 15% 21,074 Total Land Acquisition and resettlement Budget (TJS) 161,564Total Land Acquisition and resettlement Budget (USD) 37,056


J. IMPLEMENTATION SCHEDULE 66. Civil works implementation in areas without impacts were initiated in October 2009. However Civil works implementation in areas with impacts will be implemented only after LARP implementation is carried and once all AF have been compensated. The Implementation schedule is detailed in table …?..below. Figure 4 - LARP Implementation Schedule

2009 2010 Milestones/Activities Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

A. Finalization of detailed Design B. Final LARP Preparation Detailed surveys/consultation LARP drafting ADB Review Government approves updated LARP Disclosure of approved LARP B. LARP implementation Allocation of LAR funds Compensation delivery Monitoring Preparation of compliance report Start of civil works (phase 1: no impacts areas)

Start of civil works (phase 2: areas with impacts)


K. MONITORING AND EVALUATION 67. Even though, there is only a small number of AFs who have impact in terms of acquisition to less than 10% of their land or livelihood, construction has already initiated in areas not affected by LAR. Therefore, both internal and external monitoring of the LAR implementation is required. K1. Internal Monitoring 68. Internal Monitoring will be conducted by the PMU. Internal Monitoring and Evaluation (M&E) reporting will cover the following:

• compliance with resettlement compensation policies; • adequacy of the organisational mechanism for implementing the Resettlement Plan; • the handling of complaints and grievances; • the AF have been fairly compensated, as per this LARP; and • were able to restore their incomes to pre-project levels.

69. Monitoring will be carried out on a monthly basis and will be reported to ADB quarterly until the end of the compensation and rehabilitation process. The PMU will be responsible for determining if any follow-up actions are necessary and ensuring these actions are undertaken. 70. Prior to distribution of compensation, to the affected households, the PMU (internal monitoring office) will announce the compensation dates, including a detailed compensation schedule community by community. No construction in the affected areas will commence until the LARP, including compensation has been fully completed.

K2. External Monitoring 71. An External Monitor or External Monitoring Agency (EMA), approved by ADB, will be engaged immediately upon approval of the LARP. The EMA must be independent and can be a consultant, an NGO or academic institution. It is recommended that the monitor be sourced locally (ie. within Tajikistan) to carry out this activity. There are several NGOs (including International) based in Tajikistan that have current experienced on ADB financed Projects. 72. The EMA role will be to monitor the land acquisition and resettlement process and verify that compensation resettlement and rehabilitation have been implemented in accordance with the agreed Land Acquisition and Resettlement Plan. At the end of the implementation of the LARP the EMA will prepare a compliance report. IF found acceptable, based on this document ADB will provide to the EA a letter of no-objection for the initiation of civil works in areas with impacts. The EMA will also be involved in the complaints and grievance procedures to ensure concerns, if any, raised by Affected People (AP) are addressed satisfactorily. External Monitoring will cover (but not be limited to) the following indicators: • Progress of Land Acquisition • Compensation standards and disbursement of compensation funds • Re-distribution and adjustment of landuse titles and land-based tax and registration liabilities • Living standards of APs • Number of Grievances • Consultations


Monitoring and reporting by the EMA will include for each affected area: • a baseline prior to LARP implementation in the individual 4 locations; • compensation distribution in each location; • post- LARP implementation; and • Final Evaluation 1 year after LARP implementation. Annex 3 is a draft Terms of Reference for recruiting the External (independent Monitor).


ANNEXES


ANNEX 1 – PROJECT INFORMATION LEAFLET


PROJECT INFORMATION LEAFLET

TAJILISTAN – AFGHANISTAN 220 kV TRANSMISSION LINE PROJECT (funded by the Asian Development Bank)

Executing Agency: Barki Tajik under Ministry of Energy Expected Implementation Period: 2008 – 2010 (including detailed design) 1. Project Description The 220 kV Transmission Line (TL) will run approximately 115.42 km from Sangtuda Hydro-Power Plant to cross the Pyanj River adjacent to the recently constructed Tajikistan to Afghan bridge border crossing near Kharadom opposite Sherkhan Bandar town in Afghanistan (Refer to Figure 1 – Map). The TL will mostly run over desert and unused land between, or on the side of, the cultivated and inhabited valleys of southern Tajikistan. Although careful attention has been exercised to avoid settled areas and minimize impacts, in a few points the TL will have to cross some areas and valleys where there is agricultural activity causing, here and there, some impacts to cultivated land. The sections where the TL will cross cultivated land are: i) Sangtuda, Dangara (approx. 2.34kms); ii) Bustonkala, Bohtar (approx. 1.3kms.); iii) Mashal, Vahsh (approx. 590m); and Panj & Shahraki Dusti, Kumsangir (approx. 14.5kms) The erection of towers for the Transmission Line will affect permanently some cultivated land and properties in your communities. To compensate and/or rehabilitate these losses the provisions of relevant Tajikistan laws and of the Asian Development Bank (ADB) Policy on Involuntary Resettlement is being adopted. This has included the preparation of a Land Acquisition and Resettlement Plan (LARP) providing data on impacts and affected families and indicating in detail how the impacts will be compensated or rehabilitated. The LARP in Russian will be available for perusal to anyone interested both at the local and Dushanbe offices of BT. This Leaflet, which summarizes the provisions of the RP, is being given to all the families whose land, houses, trees, crops or other assets and incomes are affected by this project. The objective of this booklet is to inform them of the essential compensation and rehabilitation policy included in the LARP and of a number of basic issues relative to the modalities of implementation of the Compensation and Rehabilitation 2. Principles for Compensation of the Affected Families Principles for the compensation/rehabilitation of families affected by this Project are:

(i) Barki Tajik will guarantee the implementation of the compensation and rehabilitation framework detailed in the next section of this Chapter.

(ii) AP/AF impacts must be avoided or minimized as much as possible. (iii) If impacts are unavoidable, the parties losing assets, livelihood or other resources will be fully compensated

and/or assisted so that they improve or at least restore their former economic and social conditions. (iv) Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual

salvaged materials and as detailed in this LARP. (v) Hukumat Land Council will facilitate changing of landuse certifications of AF’s without fee charges. (vi) Information on the preparation/implementation of a LARP will be disclosed to all APs and people’s

participation will be ensured in LARP planning and implementation stages. (vii) This LARP revision and implementation stages must be approved by ADB and BT. (viii) The eligibility cut-off date will be the last day of the LARP updating survey/census (8th January 2010). (ix) Before taking possession of the acquired lands and commencing construction, compensation will be

paid in accordance with the provision described in this updated LARP. No land will be taken until the legitimate user is compensated or rehabilitated as provided in this LARP

(x) Every effort will be made to minimise the time lag between notice of acquisition and compensation payment. (xi) An entitlement matrix for different categories of APs has been prepared and provisions will be kept in

the budget for those who were not present or unavailable at the time of census survey. However, people moving in the Project area after the cut-off date will not be entitled to any assistance.

(xii) As plots to be acquired are few, small land for land compensation will not be considered.


(xiii) Lack of formal legal land title is not a bar to compensation or rehabilitation. (xiv) Particular attention shall be made, in all activities related to resettlement planning, implementation, and

monitoring to ensure the involvement of women and other vulnerable groups. (xv) Two representatives of project affected families, one of whom should be representative of village women

or vulnerable groups will be invited to join the committee to be set up to provide local support for AFs. (xvi) Local consultative groups will be established at district level to support the AFs and resolve any

conflicts which may arise during the compensation process. These groups will have access to and disseminate information about a set of procedures for lodging complaints and grievance resolution.

(xvii) If possible, one member from each AF will be given priority where local labour is required for the construction works. Where training is a necessary prerequisite to this work, suitable training will be provided prior to construction works.

(xviii) Compensation measures will equally apply across gender lines and vulnerable groups if any identified. (xix) AP consultation will continue during the implementation of LARP. (xx) The full compensation of affected assets will be a condition for the initiation of civil works. 3. Expected Impact

The project has been designed to have the minimum possible impact on people along the transmission line route, and the design has managed to avoid the resettlement of any people. However, a minor amount of land will be permanently lost for agricultural use due to the construction of the towers, and some crops may be lost, depending on the time of construction, due to access for vehicles and personnel to erect the towers and string the conductors. A summary of the expected temporary and permanent impacts is given in the table below. Further details can be found in the Short Resettlement Plan prepared by Barki Tojik, and may be viewed at the Barki Tojik office. Table 1 - Expected Impact Summary Impact Category Magnitude of Impact

Affected Families 47

Affected People 434

Permanent Loss of Land Use 39,850 m2

Permanent Tree Loss 251

Temporary Crop Loss 174,425 m2

Vulnerable Families Affected Nil

Budget Costs TJS 161,564

4. Compensation Policy

All families residing in affected areas, holding affected assets or incomes before the eligibility cut-off date of 8 January 2010 (the final date of the impacts survey) will be entitled to compensation for their losses, as per Table 1 below.


Table 2 - Entitlements Matrix


Holder of Land use Certificate from Hukumat, or the government (i.e. presidential land).

A rehabilitation allowance for loss of land right use in cash equivalent to market value of gross produce of the affected land multiplied by 5 years. (ii)


Crops.






Vulnerable households Affected household


5. Compensation unit rates for loss of land use rights, crops and trees

Compensation rates for loss of land use due to the area taken up by the installed transmission line towers has been calculated in accordance with the above entitlements matrix. Cash values for crops, fruit, and trees have been confirmed with the local Jamoats to ensure a fair price, based on a yearly average of prices, will be paid. It has been determined from external sources that the value of land is usually equivalent to the market value of crops or fruit which can be grown in a 5 year period, given normal climatic conditions.

Compensation has been calculated for each individual Affected Family, according to the impacts on the land that they use, and the specific crops that they are growing, or intend to grow in the next season. A summary table listing the compensation rates for each crop, fruit and tree is given below:

Table 3 – Compensation Rates

Crop, fruit or tree Assumed Yield Average Market Value

Other rates

Cotton 2.03 T/ha TJS 1.5 per kg Wheat 1.8 – 3.19 T/ha TJS 1.0 to 1.1 per kg Onion 15.6 T/ha TJS 1.0 per kg Carrot 15.6 T/ha TJS 1.0 per kg Lucerne 12.0 T/ha TJS 0.2 per kg Corn 3.4 T/ha TJS 0.8 per kg Peach 16.8 kg/annum TJS 3.0 per kg TJS 20 – 120 replacement sapling Quince 16.8 kg/annum TJS 3.0 per kg TJS 120 replacement sapling Grape 10.75 kg/annum TJS 2.0 per kg TJS 20 replacement vine Apple 16.8 kg/annum TJS 3.0 per kg TJS 120 replacement sapling Pomegranate 8.0 kg/annum TJS 6.0 per kg TJS 20 – 120 replacement sapling Plane Tree N/A TJS 20 replacement sapling Willow N/A TJS 20 replacement sapling The cost of repairing land used for temporary access has been assessed as being TJS 400 per hectare for ploughing, harrowing, and other preparations to return the soil to a plantable condition.


6. Grievance Redress Mechanism A grievance redress mechanism will be established for redress of grievances and complaints by Affected Persons. Complaints & Grievances will be addressed through the following steps and actions:

i. First, complaints can be lodged at the BT district Offices where resolution will be attempted with the involvement of Hukumat and Jamoat officers as the elected representatives of the AF.

ii. If still unsettled after 7 days a grievance can then be lodged to BT at central level. Again the elected representatives of the AF will have the opportunity to mediate.

iii. If no solution is reached within 14 days the APs can further submit their case to the appropriate court of law.

Contact Details for Inquiry Name of contact and address of BT Project management Unit (Dushanbe)

Phone contact

Tel: XXXX XXXXXX XXXX Prepared: March 2010


ANNEX 2 – RECOMMENDED COMPENSATION TO EACH AFFECTED FAMILY


Compensation Calculation Table for Kumsangir

Temporary(Column 10‐Column 12)

PermanentCost for 1 ha(Somoni)

Compensation Sum for area(Somoni)

1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22

3 suspension 761 13 1.175 1.079 1.059 0.020 cotton 2.03 2,190 1.5 3,285.56 304.50 400.00 423.60 4,013.66

1 angle 50.5 13 0.096 0.046 0.005 carrot 15.6 1498 1 1,497.60 390.00 400.00 18.40 1,906.00695 13 1.22 0.96 0.950 0.010 cotton 2.03 1956 1.5 2,933.86 152.25 400.00 380.00 3,466.1185 13 0.11 0.105 0.005 wheat 3.19 351 1 350.90 79.75 400.00 42.00 472.6590 13 0.15 0.150 0 carrot 15.6 2340 1 2,340.00 0.00 400.00 60.00 2,400.00100 13 0.17 0.13 0.13 0 cotton 2.03 264 1.5 395.85 0.00 400.00 52.00 447.8530 13 0.04 0.04 0 onion 15.6 624 1 624.00 0.00 400.00 16.00 640.00

1 angle 80 13 0.16 0.10 0.095 0.005 cotton 2.03 203 1.5 304.50 76.13 400.00 38.00 418.63(1/2 on land) 20 13 0.06 0.06 0 wheat 3.19 191 1 191.40 0.00 400.00 24.00 215.40

5Pyandj 1 1 suspension "Fazliddin"

Fazliddinov Amridin

11.4 180 13 0.26 0.26 0.255 0.005 cotton 2.03 528 1.5 791.70 76.13 400.00 102.00 969.83

1 suspension 330 13 0.68 0.43 0.425 0.005 cotton 2.03 873 1.5 1,309.35 76.13 400.00 170.00 1,555.48145 13 0.22 0.22 wheat 3.19 702 1 701.80 0.00 400.00 87.40 789.2015 13 0.02 0.02 lucerne 12 240 0.2 48.00 0.00 400.00 7.80 55.8010 13 0.013 0.013 carrot 15.6 203 1 202.80 0.00 400.00 5.20 208.00

1 suspension 100 13 0.71 0.16 0.155 0.005 wheat 3.19 510 1 510.40 79.75 400.00 62.00 652.151 angle 400 13 0.55 0.54 0.01 cotton 2.03 1,117 1.5 1,674.75 152.25 400.00 216.00 2,043.00

1 suspension 600 13 1.07 0.81 0.81 0.005 cotton 2.03 1644.3 1.5 2,466.45 76.13 400.00 322.00 2,864.581 suspension 180 13 0.26 0.26 0.005 onion 15.6 4,056 1 4,056.00 390.00 400.00 103.60 4,549.601 suspension 245 13 0.35 0.35 0.345 0.005 onion 15.6 5460 1 5,460.00 390.00 400.00 138.00 5,988.00

0.00 0.00 400.00 0.00 0.001 suspension 330 13 0.68 0.46 0.455 0.005 cotton 2.03 1,380 1.5 2,070.60 76.13 400.00 182.00 2,328.73

170 13 0.22 0.22 0 wheat 3.19 702 1 701.80 0.00 400.00 88.40 790.20177 13 0.78 0.23 0.23 0 cotton 2.03 467 1.5 700.35 0.00 400.00 92.00 792.35

1 suspension 205 13 0.30 0.295 0.005 onion 15.6 4680 1 4,680.00 390.00 400.00 118.00 5,188.001 suspension 170 13 0.25 0.245 0.005 wheat 3.19 798 1 797.50 79.75 400.00 98.00 975.252 angle 210 13 0.54 0.33 0.31 0.020 onion 15.6 5,148 1 5,148.00 1,560.00 400.00 124.00 6,832.001 suspension 135 13 0.21 0.20 0.005 wheat 3.19 670 1 669.90 79.75 400.00 80.20 829.85

13 Pyandj 1 1 suspension "Saadi" Karimov Nur 4.3 50 13 0.095 0.095 0.090 0.005 lucerne 12 1140 0.2 228.00 60.00 400.00 36.00 324.0050 13 0.498 0.065 0.065 0 lucerne 12 780 0.2 156.00 0.00 400.00 26.00 182.00

1 suspension 310 13 0.43 0.425 0.005 wheat 3.19 1372 1 1,371.70 79.75 400.00 170.00 1,621.451 ang, 1 susp 360 13 0.69 0.53 0.51 0.015 cotton 2.03 1072 1.5 1,607.76 228.38 400.00 205.20 2,041.341 suspension 100 13 0.16 0.155 0.005 wheat 3.19 510 1 510.40 79.75 400.00 62.00 652.15

16Pyandj 1

1 suspension"Navruz"

Rahimov Sohijon

9.0 300 13 0.42 0.42 0.415 0.005 cotton 2.03 853 1.5 1,278.90 76.13 400.00 166.00 1,521.03

170 13 0.43 0.22 0.22 0 wheat 3.19 702 1 701.80 0.00 400.00 88.40 790.201 suspension 136 13 0.21 0.205 0.005 cotton 2.03 420 1.5 629.71 76.13 400.00 82.00 787.83

18Pyandj 1

1 suspension "Ahkomidin"Idiev

Shamsidin3.1 90 13 0.15 0.15 0.145 0.005 cotton 2.03 298 1.5 447.62 76.13 400.00 58.00 581.74

19Pyandj 1 1 suspension "Mirzo"

Mirzoev Mirzorahmat

7.0 270 13 0.38 0.38 0.375 0.005 cotton 2.03 773 1.5 1,160.15 76.13 400.00 150.00 1,386.27

40 13 0.292 0.052 0.052 0 wheat 3.19 166 1 165.88 0.00 400.00 20.80 186.681 suspension 160 13 0.24 0.235 0.005 cotton 2.03 483 1.5 724.71 76.13 400.00 94.00 894.84

21Pyandj 1 1 suspension "Chilchanor"

Gafforov Nurullo

171.0 420 13 0.58 0.58 0.575 0.005 cotton 2.03 1169 1.5 1,753.92 76.13 400.00 230.00 2,060.05

22 Pyandj 0 "Tajikistan" Turaev Tojidin 5.0 170 13 0.22 0.22 0.22 0 cotton 2.03 449 1.5 672.95 0.00 400.00 88.00 760.95

23Pyandj 0 "Vafo"

Karimov Kurbinali

5.0 90 13 0.12 0.12 0.12 0 wheat 3.19 383 1 382.80 0.00 400.00 48.00 430.80

24Presidential

Land0.5 suspension

Presidential Land

Naimov Kosin 0.06 12 13 0.03 0.03 0.0275 0.0025 carrot 15.6 468 1 468.00 195.00 400.00 11.00 674.00

25Presidential

Land0.5 suspension

Presidential Land

Odinaev Ahmadjon

0.06 12 13 0.03 0.03 0.0275 0.0025 lucerne 12 360 0.2 72.00 30.00 400.00 11.00 113.00

26Presidential

Land0

Presidential Land

Samiev Kiemiddin

0.06 12 13 0.016 0.016 0.016 0 lucerne 12 192 0.2 38.40 0.00 400.00 6.24 44.64

27Presidential

Land0

Presidential Land

Samiev Mirzo 0.06 12 13 0.016 0.016 0.016 0 onion 15.6 250 1 249.60 0.00 400.00 6.24 255.84

28Presidential

Land0

Presidential Land

Mahmadov Haydar

0.06 12 13 0.016 0.016 0.016 0 corn 3.4 54 0.8 43.52 0.00 400.00 6.24 49.76

29Presidential

Land0

Presidential Land

Rajabov Buronboy

0.06 12 13 0.016 0.016 0.016 0 corn 3.4 54 0.8 43.52 0.00 400.00 6.24 49.76

30Presidential

Land0

Presidential Land

Rajabov Rahmatullo

0.06 12 13 0.016 0.016 0.016 0 corn 3.4 54 0.8 43.52 0.00 400.00 6.24 49.76

31Presidential

Land0

Presidential Land

Odinaev Nozirjon

0.06 12 13 0.016 0.016 0.016 0 wheat 3.19 51 1 51.04 0.00 400.00 6.24 57.28

32Presidential

LandPresidential

LandMidinov Jamshed

0.06 12 13 0.016 0.016 0.016 0 corn 3.4 54 0.8 43.52 0.00 400.00 6.24 49.76

33Presidential

LandPresidential

LandSamiev Amirbek

0.06 12 13 0.016 0.016 0.016 0 wheat 3.19 51 1 51.04 0.00 400.00 6.24 57.28

34Presidential

LandPresidential

LandNasriddinova Mamlakat

0.0612 13

0.016 0.016 0.016 0 corn 3.4 54.4 0.8 43.52 0.00 400.00 6.24 49.76

35Presidential

LandPresidential

LandDodov

Fayzirahmon0.06

12 130.016 0.016 0.016 0 carrot 15.6 249.6 1 249.60 0.00 400.00 6.24 255.84

36Presidential

LandPresidential

LandDodova Bibioisha

0.0612 13

0.016 0.016 0.016 0 corn 3.4 54.4 0.8 43.52 0.00 400.00 6.24 49.76

37Presidential

LandPresidential

LandFazliddinov Amridin

0.0612 13

0.016 0.016 0.016 0 corn 3.4 54.4 0.8 43.52 0.00 400.00 6.24 49.76

38Presidential

LandPresidential

LandAsrorov Azim 0.06

12 130.016 0.016 0.016 0 carrot 15.6 250 1 249.60 0.00 400.00 6.24 255.84

39Presidential

LandPresidential

LandAsrorov Jondor

0.0612 13

0.016 0.016 0.016 0 corn 3.4 54.4 0.8 43.52 0.00 400.00 6.24 49.76

40Presidential

LandPresidential

LandBoyakov Ahliddin

0.0612 13

0.016 0.016 0.016 0 corn 3.4 54.4 0.8 43.52 0.00 400.00 6.24 49.76

41Presidential

LandPresidential

LandSaidburhonov

Sulton0.06

12 130.016 0.016 0.016 0 corn 3.4 54.4 0.8 43.52 0.00 400.00 6.24 49.76

Total 11.742 0.190 67,846.91

12.3

7.0

11.4Yusupov Anvarsho

Saidov Ali 5.0

9.0

Akobirov HushvahtHasanov ShokirjonGadoev Sarohon

Gafurov Safarmahad

6.6

4.8

5.0

"Kosimdjon"1Fozilov

Abdulhafiz

Dodov Handullo

Pyandj

1

3

1

57.0

Pyandj

Pyandj

Pyandj

"Salim"

"Hushvaht"

"Said"

"Abdulloi Dod"

5.0

Latifov Bobisho

"Biloliddin"

"Fayzullo"

Pyandj 2

Pyandj

Pyandj

Pyandj

Pyandj 3

2

Pyandj 2

"Hasan"

"OyatulloS"1

1

Dusti Town 1

"Orif"

Saidov Obid

Saidov Usmonjon

"Vahdat"

"Ikbol ‐ Al ‐ Sahi"

Shukurov Odiljon

Najmitdinov Ihromiddin

"Ruknidin"

"Shukur"

4.45

6

Shukurov Chiyznkul

30

Dusti Town 1 19.5

Dusti Town 0

Allotted area of land for construction

Crop Capacity(t / ha)

Crop losses(kg)

Total Compensation

Sum(Somoni)

Name of Farm

Name of household / family head

Total area of land used by

household (ha)

Length of Allotted area

(m)

Width of allotted area

(m)

Total + 0.03 * n(Column8*Column9)

Rehab of temporary used landCompensation for 5 years loss of land use

Compensation for 1 lost crop(Somoni)

Official Market Value (Somoni/kg)

Including

17

20

15

9

Crop Type

No. JamoatTower

Quantity Pcs.

Tower Type

10

10

11

12

14

3

4

6

7

8

1

Kurbonov Umurzok

23.53 suspension "Yangiobod"2

Kumsangir 4

Pyandj 3


Compensation Calculation Table for Vaksh




1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21

1 Mashal 1 1 suspension HabibienHabibov Muhibullo

8 320 13 0.446 0.446 0.441 0.005 wheat 3 1,338 1 1,338.00 75.00 400.00 176 1,589

2 Mashal 1 1 suspension UmedShomardonov Abdummutolib

10 180 13 0.264 0.264 0.259 0.005 wheat 3 792 1 792.00 75.00 400.00 104 970.60

3 Mashal 3 3 suspensionLivestock AssociationHaji Sharif

Soibov Mahmadrahim

195 1261 13 1.729 1.729 1.714 0.015 wheat 1.8 3,113 1.1 3,424 149 300 514 4,087

Total 2.414 0.025 6,647


No. JamoatTower

Quantity Pcs.

Tower TypeName of Farm



Official Market Value (Somoni/kg)

IncludingCrop Type


Crop losses(kg)

10



household (ha)


(m)


(m)


Total Compensation

Sum(Somoni)

Compensation Calculation Table for Dangara




1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 211 suspension 241 13 0.79 0.34 0.338 0.005 wheat 3.01 1,033 1 1,033 75 400 135 1,2441 suspension 318 13 0.44 0.438 0.005 wheat 3.01 1,335 1 1,335 75 400 175 1,585

2 Sangtuda 0 SangtubAlikhonov Anvar

50 180 13 0.234 0.234 0.234 wheat 3.01 704 1 704.34 0.00 400 94 798

2 angle 1040 13 2.706 1.412 1.392 0.020 wheat 3.01 4250 1 4,250 301 400 557 5,1085 suspension 880 13 1.294 1.269 0.025 wheat 3.01 3895 1 3,895 376 400 508 4,779

Total 11217 828 1,469 13,514



household (ha)

Sangtuda 7 Jamoat Jamoat

Isoev Mahmadusuf

10

27

1 Sangtuda 2 Bahtovar

3

10


Including Total Compensation

Sum(Somoni)




Crop losses(kg)

Name of Farm

No. JamoatTower

Quantity Pcs.

Tower TypeOfficial

Market Value (Somoni/kg)


(m)


(m)


Crop Type


Trees Compensation Calculation Table for Dangara

Quantity

pcs.

Area of allotted

land

for

constructio

n

Type

1 2 3 4 5 8 9 11 12 13 14 15 16 1728 Pomegranate >5 years 5 120 3360 8 6 1344 6720 0 11,42420 Pomegranate >5 years 2 20 400 8 6 1920 2,320

2 Sangtuda Sangtuda Alihonov Anvar 8 0.013 Willow ‐ >10 years 320 2560 0 0 0 0 0 2,560

0.153 6320 1344 6720 1920 16,304

Cost (Som

oni)

Farm

Fertility

Age / Year

JamoatNo. Trees to be cut

1 Sangtuda Bahtovar Isoev Mahmasaid 0.14

6

Name of family / household head

Compensation to be paid

Compensation Sum fo

r the

qu

antity

Compensation Sum after age

reaching

(Som

oni)

Crop

Capacity

of each tree

(kg/year)

Market V

alue

of fruit per kg

Compensation Sum fo

r crop

capacity

Compensation for the

next 5

years (Som

oni)


Trees Compensation Calculation Table for Kumsangir

Quantity

pcs.

Area of allotted

land

for

constructio

n

Type

1 2 3 4 5 7 8 9 11 12 13 14 15 16 17

1Dusti town

"Vahdat" Saidov Obid 20 0.04 plane No ‐ 4 20 400 0 0 0 0 0 400

2 Pyandj "Fayzullo" Yusupov Anvarsho 10 0.04 peach Yes > 5 years 8 120 1200 16.8 3 504 2520 0 4,424

10 0.013 willow No ‐ 5 20 200 0 0 0 0 0

3 Pyandj "Fazilidin" Pulodov Salim 10 0.04 quince Yes > 5 years 10 120 1200 16.8 3 504 2520 0 14,005

46 0.18 peach Yes > 5 years 2 20 920 16.8 3 0 0 463760 0.23 peach Yes > 5 years 1 20 1200 16.8 3 0 0 3024

4 Pyandj "Said" Saidov Ali 22 0.06 grape Yes >5 years 5 20 440 10.75 2 473 2365 0 3,278

5 Pyandj "Hasan" Hasanov Shokirjon 16 0.063 apple Yes >5 years 8 120 1920 16.8 3 806 4032 0 6,878

6 0.012 plane No ‐ 4 20 120 0 0 0 0 00.678 7600 2287 11437 7661 28,985

Fertility

Prod

uctive

Yes / No

Age / Year

Cost (Som

oni)

Compensation Sum fo

r the

qu

antity

Name of family / household head

FarmJamoatNo. Trees to be cut

6

Compensation to be paid

Compensation Sum after age

reaching

(Som

oni)

Crop

Capacity

of each tree

(kg/year)

Market V

alue

of fruit per kg

Compensation Sum fo

r crop

capacity

Compensation for the

next 5

years (Som

oni)


ANNEX 3: TERMS OF REFERENCE FOR EXTERNAL MONITOR

1. Introduction An External Monitor or External Monitoring Agency (EMA) shall be appointed to monitor the Land acquisition and Resettlement process compensation process, and to verify that compensation resettlement and rehabilitation have been implemented in accordance with the agreed Land Acquisition and Resettlement Plan. 2. Scope of Works The appointed EMA shall undertake the following tasks to independently, externally monitor the Project Land Acquisition and Resettlement Plan implementation and associated mitigation measures: a. Baseline Internal monitoring reports will be verified by: (ii) Random review of DMS forms for correct inventory of assets and entitlements. This review shall cover 10% of all the DMS forms; (iii) Random review of entitlement and compensation documents to ensure that the assessment of compensation is based on the agreed entitlement matrix and that all entitlements have been accurately applied. (iv) Random review of status of affected households within the 4 LAR impact areas. b. Evaluation of Delivery The delivery of entitlements will be monitored as followed: (i) Field check, site visits coordinated with the resettlement activities that are taking place. (ii) Evaluation of the quality and timeliness of delivering entitlements. c. Evaluation of Consultation and Grievance Procedures Consultation and grievance procedures will be monitored to: (i) Assess if grievance procedures are adequately implemented, (ii) Identify, quantify and qualify the types of conflicts and grievances (if any) reported and resolved. (iii) Provide assistance when required to APs to address grievances, as required, and act as observers on the grievance procedure. f. Declaration of Successful Implementation and follow-up actions The EMA will provide a report to:

• confirm all compensation has been paid; • Make recommendations for follow-up actions; and • Identify lessons learned.

3. Implementation schedule The EMA will be hired by the BT PMU in time for LARP implementation. The EMA will conduct formal M&E activities until compensation payments are completed.


4. Reporting The following reports will be required for submission from the EMA: (i) Baseline and Inception Report (1) – to be submitted within 1 week of mobilization to the PMU and ADB. (ii) Monitoring Reports (4 affected areas) – to be formally submitted by the EMA directly after compensation has been distributed in each of the 4 affected areas. The Monitoring Reports should particularly focus on: • A description of M&E activities; • A report on implementation of all aspects of the RP; • Deviations, if any, from the provisions and principles of the resettlement policy specified in

the RP; • Identification of problems, issues and recommended solutions; and, • Description of findings in relation to whether the project activities have been completed as

planned and budgeted, and recommendations, timetable and budget for addressing outstanding problems;

(iii) Formal Verification Report to verify successful LARP implementation to be issued within 1 week after compensation and LAR procedures all affected areas is completed and prior to construction.

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