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Social Safeguard Document

 

 

 

 

Project Number: 49042-005

Date: April 2020

 

 

 

 

 

 

TAJ: CAREC Corridors 2, 5, and 6 (Dushanbe– Kurgonteppa) Road Project

Land Acquisition and Resettlement Plan

Addendum No. 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by Kocks Consult GmbH; Germany for the Ministry of Transport of the Republic of Tajikistan and the Asian Development Bank

 

 

This LARP Addendum No 1 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.

 

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

 

 

 

 

 

April 2020

 

 

 

 

Ministry of Transport of the Republic of Tajikistan

 

Addendum No. 1 to the Land Acquisition and Resettlement Plan

 

 

 

 

GRANT 0569 – TAJ

CENTRAL ASIA ECONOMIC COOPERATION CORRIDORS 2, 5, and 6 (DUSHANBE –KURGONTEPPA) ROAD PROJECT - ADDITIONAL FINANCING

 

 

 

 

 

 

 

 

Financed by:

 

 

Asian Development Bank

 

 

 

 

 

 

April 2020


 

Table of Contents

 

LIST OF TABLES. 5

ABBREVIATIONS AND ACRONYMS. 6

DEFINITION OF TERMS. 7

I.      EXECUTIVE SUMMARY. 9

1.1   General. 9

1.2   Project Background. 9

1.3   Brief Overview of Previously Approved LARP. 9

1.4   Design changes requiring LARP Addendum No 1. 10

1.5   Scoping LAR Impacts within the ROW of approved design changes. 11

1.6   Information Disclosure, Consultations and Participation. 14

1.7   Institutional Arrangements. 15

1.8   Grievance Redress Mechanism.. 15

1.9   Monitoring and reporting. 15

1.10   Resettlement Budget. 16

II.     Project Description.. 17

2.1   Project Realignment Design Changes. 18

2.2   Objective of LARP Addendum No 1. 18

III.    Scope of impact. 20

3.1   Impact Assessment Survey Methodology. 20

3.2   Affected Land. 21

3.3   Affected Fruit Trees. 21

3.4   Affected Crops. 22

3.5. Affected Business. 23

3.6. Affected Business. Error! Bookmark not defined.

3.6   Project Affected Structures. 25

3.7   Severely Affected Households. 27

3.8   Vulnerable Households. 27

3.9   Relocation. 28

IV.    Socio-economic Profile of Affected households. 30

4.1  Demography of Project Affected Households. 30

4.2   Occupation and main source of income of AHs. 31

4.3   Expenses of AHs. 32

4.4   Education and Literacy of AHs. 33

4.5   Women in the Local Context. 33

4.6   Impact on Minorities. 34

V.     LEGAL AND Policy FRAMEWORK. 35

5.1   Types of land ownership and land use rights allocation. 35

5.2   Tajikistan Constitution, Law/regulation on Land Acquisition, Resettlement and Compensation. 37

5.3   Provisions regulated by the Land Code. 37

5.4   ADB SPS 2009 Involuntary Resettlement Safeguards. 39

VI.    Compensation Entitlements. 46

6.1   Land. 46

6.2   Buildings and Structures. 47

6.3   Crops and Trees. 47

6.4   Businesses. 47

6.5   Relocation, Transition and Severity/Livelihood Rehabilitation Allowances. 48

6.6   Vulnerable Groups. 48

6.7   Entitlement Matrix. 48

VII.   Institutional Arrangement. 52

VIII.  INFORMATION DISCLOSURE, CONSULTATIONS AND PARTICIPATION.. 57

8.1   General. 57

8.2   Consultations and Information Disclosure. 57

IX.    Grievance Redress Mechanism... 58

9.1   General. 58

Grievance Resolution Process. 58

X.     RESETTLEMENT PLAN Addendum Budget. 62

10.1.................................................................................................................................... General. 62

10.2..................................................................................................................... Land Compensation. 62

10.3   Valuation of Project affected Fruit Trees. 63

10.4   Compensation for annual crops. 64

10.5   Compensation for project affected structures. 65

10.6   Compensation for stoppage of Business. 67

10.7   Relocation and Livelihood Restoration Strategy. 68

10.8   Rehabilitation allowances. 68

10.9   Cost for Renewal Land Use Rights and Property Ownership of Certificates. 69

10.10   Budget summary. 71

XI.    MONITORING AND REPORTING.. 74

11.1 Monitoring and Reporting Requirements. 74

11.2 Internal Monitoring. 74

XII.   LARP Addendum Project Implementation Schedule. 80

ANNEXES. 81

Document Samples. 82

 

 


 

LIST OF TABLES

 

Table 1. Summary of project impact ..................................................................................... 13

Table 2. Project impact on private land parcels.................................................................... 21

Table 3. Summary of project affected fruit trees................................................................... 21

Table 4. Breakdown of project affected fruit trees according to species and approximate age.        22

Table 5.Summary of project affected annual crops ............................................................. 23

Table 6.Summary info on project affected employees and businesses operators.............. 25

Table 7. Project impact on supplementary structures of residential designation.................. 26

Table 8. Project impact on supplementary structures of commercial designation............... 26

Table 9. Private land parcels experiencing Severe Impact................................................... 27

Table 10. Vulnerable AHs by Location .................................................................................. 28

Table 11. Breakdown of APs according to Age Groups and Gender.................................... 30

Table 12. Age composition of APs......................................................................................... 30

Table 13. Marital Status of AHs............................................................................................. 31

Table 14. Types of AHs......................................................................................................... 31

Table 15 . Types of Occupation of APs................................................................................. 31

Table 16. Average monthly income of APs/DPs................................................................... 32

Table 17. Sources of Income of AHs..................................................................................... 32

Table 18. Average monthly expenses of AHs....................................................................... 32

Table 19. Education and literacy of surveyed AHs............................................................... 33

Table 20. Activities Females are Involved............................................................................. 33

Table 21. Participation of Females in Decision Making Process.......................................... 34

Table 22. Comparison of the Provisions under ADB SPS 2009 and National Legislation.... 41

Table 23. Entitlement Matrix.................................................................................................. 48

Table 24. Land Compensation Unit Rates updated according to original LARP.................. 62

Table 25. Land Compensation cost ...................................................................................... 63

Table 26. Cost for compensation fruit trees ......................................................................... 63

Table 27. Cost for compensation annual crops .................................................................... 64

Table 28. Compensation for supplementary structures and improvements attached to residential land parcels  .......................................................................................................................... 65

Table 29. Compensation for supplementary structures, improvements attached to commercial land parcels  ........................................................................................................................................ 66

Table 30. Cumulative info on project affected structures ..................................................... 66

Table 31. Business stoppage compensation unit rates ....................................................... 67

Table 32. Compensation for project affected businesses .................................................... 67

Table 33. Cost for relocation and Livelihood Restoration for physically resettled AH.......... 68

Table 34. Unit rates for rehabilitation allowances for Severe Impact and Vulnerability ....... 69

Table 35. Cost for compensation Severe Impact ................................................................. 69

Table 36. Cost for compensation Vulnerability ..................................................................... 69

Table 37. Official fees per types of project affected land and the requested document ...... 70

Table 38. Compensation for update land use right certificates and technical passports .... 70

Table 39. Summary Budget for Cash Compensation and LAR implementation Cost ......... 71

Table 40. Total LAR Costs for Original LARP, Addendum No 1 ........................................... 73

Table 41. LARP Addendum Preparation and Implementation Schedule............................... 80

 


 

ABBREVIATIONS AND ACRONYMS

 

ADB

Asian Development Bank

AH

Affected Household

AP

Affected Person

DMS

Detailed Measurement Survey

D/F

Dehkan Farm

AP/DP

Displaced Person

SSC

Social Supervision Consultant

EA

Executing Agency

GRC

Grievance Redress Commission

GRM

Grievance Redress Mechanism

GOT

Government of Tajikistan

IA

Implementing Agency

LARDD

Land Acquisition and Resettlement Due Diligence (report)

LARF

Land Acquisition and Resettlement Framework

LARP

Land Acquisition and Resettlement Plan

Ln.m.

Linear meter

LHS

Left hand side

NSS

National Safeguards Specialist

PIU

Project Implementing Unit

PIURR

Project Implementation Unit for Road Rehabilitation

RHS

Right hand side

SPS

Safeguards Policy Statement (ADB 2009)

SSS

Social Safeguards Specialists

SUE

State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’

TSJ

Tajik Somoni

 

Exchange rate: 1 USD – 9.6800 TJS as of March 3, 2020 of the National Bank of Tajikistan

http://nbt.tj/en/kurs/kurs.php?date=03.03.2020

 

 

 

 


 

DEFINITION OF TERMS

Displaced Persons (AP/DP)

In the context of Involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residence, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of: involuntary acquisition of land, or involuntary restrictions on land use or access to legally designated parks and protected areas (ADB SPS 2009).

Detailed Measurement Survey (DMS)

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts and list of APs/DPs. The final cost of resettlement can be determined following completion of the DMS.

Compensation

Payment in cash or in-kind to replace losses of lands, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is a method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs.

Cut-off Date

The date after which people will not be considered eligible for compensation.

Dehkan Farm

Mid-size land, which is legally and physically distinct from the household plot for which full land use right, but not ownership is allocated either to individual, group of individuals, or legal entity. The Law No 48 of Dehkan Farms (dated 2002) regulate Dehkan Farms in Tajikistan.

Encroachers

Encroachers are people who have extended their occupation of land from their titled land into adjacent government or private land to which they are not entitled. Squatters, on the other hand trespassed onto private/government/community land for which they are not authorized to use. If such people arrived before the cut-off-date, they are eligible for compensation for any affected structures, crops or land improvements.

Entitlements

The range of measures comprising cash or in-kind compensation, relocation cost, rehabilitation and transfer assistance, income substitution/business restoration, which are  due to APs/DPs, depending on type, extent and nature of their losses, and which suffice to restore their social and economic base.

Eligibility

Any person who resided in the Project area before the cut-off date that suffers from: Loss of house, Loss of assets or ability to access such assets, permanently or temporarily, or Loss of income sources or livelihood, will be entitled to compensation and/or assistance.

Hukumat

District administration in Tajikistan.

Income

Restoration

This is the re-establishment of sources of income and livelihood of the affected households.

Inventory of

Losses (IOL)

This is a process in which all fixed assets (i.e., lands used for residence, commerce, or agriculture; houses; kiosks, stalls and shops; ancillary  structures, such as fence, gates, paved areas and wells, affected trees and crops etc.) with commercial value and sources of income and livelihood inside the Project right-of-way (Project area) are  identified, measured, their owners identified, their exact location determined, and their replacement costs calculated.

Jamoat

A sub-district level administration.

Land Acquisition

Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land/assets for public purposes in return for in-kind replacement or compensation at replacement costs.

Land Acquisition and Resettlement Plan (LARP)

A time-bound action plan with budget setting out compensation for affected land/assets and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Non-titled

Means those who have no recognizable rights or claims to the land that they are occupying.

Poor

Means households whose combined monthly income falls below TJS

1020/-1. WB poverty line (standard) is used by different government and non-government institutions. On a regular basis, WB conducts monitoring (assessment) by interviewing HHs. The data is reflected in WB reports, which is presented to relevant government institutions. Also, this data is used to identify the poverty for the given period.

Rehabilitation

This refers to additional support provided to APs/DPs losing productive assets, income, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life.

Replacement Cost

The calculation of full replacement cost will be based on the following elements:

fair market value;

transaction costs;

interest accrued;

transitional and restoration costs; and

other applicable payments, if any.

Resettlement

This includes all measures taken to mitigate all adverse impacts of the Project on AP/DP’s property and/or livelihood. It includes compensation, relocation (where relevant), and rehabilitation as needed.

Severely Affected

This refers to affected households who will:

lose 10% or more of their total productive land and/or assets,

have to relocate; and/or lose 10% or more of their total income sources due to the Project.

Significant Impact

Means 200 or more people will experience major impacts, which are defined as:

being physically relocated from a house, or

losing 10% or more of their income generating assets.

Vulnerable

Anyone who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes:

female-headed households with dependents;

disabled heads of household;

poor households;

landless people;

elderly households with no means of support;

households without security of tenure;

ethnic minorities; and

small farmers (with landholdings of two hectares or less).

 


 

I.       EXECUTIVE SUMMARY 

1.1   General

 

  1. This LARP Addendum No 1 is prepared for the Dushanbe-Kurgonteppa road rehabilitation project – Phase 2 and covers all fifty locations of design changes along the entire road commencing at km 39+585 road section which stretches from Chashmassoron village (Galaobod Jamoat) at km 33+475 and ends at km 73+050 at Vakhsh Bridge.

 

  1. The LARP Addendum No. 1 is developed to cover the LAR impacts occurring as a result of design changes that required acquisition of some additional privately used land and assets.

 

  1. The document is prepared in compliance with the approved LARP and is based on the entitlements and compensation rights and requirements established for the entire road project and stipulated in the original LARP of the project as approved by government and ADB and publicly released in February 2018.

 

  1. This LARP Addendum No 1 includes: (i) project background, (ii) status of implementation approved LARP and LARP Addendum No 1, (iii) design changes requiring LARP Addendum No 1 (iv) scope of impact triggered by current design changes, (v) information disclosure and public consultations with APs/APs/DPs, (vi) grievance redress mechanism, (vii) legal framework, (viii) compensation entitlements and one-time allowances, (ix) resettlement budget, (x) institutional arrangements (xi) LARP Addendum No 1 implementation schedule, and (xii) monitoring of this Addendum to LARP implementation.

 

1.2   Project Background

 

  1. The Government of the Republic of Tajikistan (GoT) and Asian Development Bank (ADB) are financing the CAREC Corridors 2, 5, and 6 (Dushanbe-Kurgonteppa) Road Project. Phase 2 of the project covers a km 39+585 road section which stretches from Chashmassoron village (Galaobod Jamoat) at km 33+475 and ends at km 73+050 at Vakhsh Bridge.

 

  1. The project is supervised by Kocks Consult GmbH and Construction Contractor (Engineer) is Sinohydro Tajikistan Corporation Limited.

 

  1. The Ministry of Transport (MoT) is the Executing Agency. The Project Implementation Unit for Road Rehabilitation (PIURR) under the MoT is the project Implementing Agency.

 

1.3   Brief Overview of Previously Approved LARP

 

  1. The given road section traverses through five Jamoats: Galaobod, Obikiik, Khiloli, Aini and Kizil-kala and connects Dushanbe to the Afghanistan border. The road project required land and assets acquisition due to the enlargement of the road. Consequently, Land Acquisition and Resettlement Plan (LARP[1]) was prepared and implemented.
  2. The Project required land and assets acquisition due to the broadening of the road. Consequently, Land Acquisition and Resettlement Plan (LARP[2]) was prepared to adequately address LAR impacts of 245 APs/DPs with a total number of 1,952 project affected persons (909 male and 1,043 female) identified during the conduct of the census carried out in April and May of 2017. Design changes required for the inclusion of pedestrian underground passages necessitated the updating of the DMS survey which was undertaken in October and December of 2017.

 

  1. The project impact extended to the rightful occupiers of project affected land parcels utilized for residential purposes by local households, as well as agricultural land parcels in the possession of Dehkan Farms. Additionally, privately owned commercial facilities, often rented to private individuals, are also affected by the proposed road project and are contained within the total number of 245 APs/DPs. This number also includes severely affected APs/DPs and vulnerable groups.

 

  1. The Project required land and assets acquisition due to the enlargement of the road. Consequently, Land Acquisition and Resettlement Plan (LARP) was prepared and in February 2018 publicly disclosed prior to the commencement of LARP actual implementation.

 

  1. Internal Monitoring Report of approved LARP By the completion of LARP implementation, the LAR activities were undertaken with regard to all 245 APs/DPs entitled to the cash compensation package.

 

  1. According to the Internal Monitoring Report on Implementation of the Land Acquisition and Resettlement Plan (LARP) for Phase 2, the LARP was approved in February 2018.

 

  1. LARP implementation was undertaken by the Project Implementation Unit for Road Rehabilitation (PIURR) and social safeguards and resettlement specialists engaged by Supervision Consultant (Kocks Engineers). The LAR activities commenced on October 16 and completed on November 30, 2018.

 

  1. Upon the completion of cash compensation disbursement, the PIURR together with the International and National Social Safeguards Consultants, conducted internal social monitoring and LARP implementation status assessment. In addition the External Monitoring Report was prepared in January 2019 by the External Monitoring Specialist independently engaged by the PIU. The results of monitoring and assessment, confirming that LARP implementation was completed prior to the commencement of civil works along the road ROW; these were confirmed in both monitoring reports and the award on commencement of road works which was officially granted.

 

1.4   Design changes requiring LARP Addendum No 1

 

  1. The design changes were required to address a number of technical, economic, and social issues. Annex 1 provides information on the location of project affected private land parcels   and private assets attached to private and state owned land parcels within the new realignment elaborated according to approved design changes.

 

1.5   Scoping LAR Impacts within the ROW of approved design changes

 

  1. This addendum No. 1 to the approved LARP is prepared to cover the LAR impacts occurring as a result of design changes to address a number of technical, economic, and social issues required acquisition of some additional privately used land and assets.

 

  1. These design changes caused some realignment of the ROW and triggered LAR impacts over private and state-owned land attached with structures of commercial and residential designation, annual crops and fruit bearing trees.

 

  1. As well as AHs running commercial activities facing the risk of permanent and temporary stoppage of business due to pending road works.

 

  1. Social Safeguards Team of the Engineer in coordination with representatives of the PIURR and lead engineer of Construction Contractor conducted on-site examination of all sections of design changes, identified all additional land parcels, determined the area of new land acquisition, defined land tenure status and identified all APs/DPs.

 

  1. The area of new land acquisition was determined through DMS. Based on design change maps land demarcation[3] was carried out to determine the boundaries of land take. Each proposed design change was compared with the previous approved designs, and also set out on site, to identify impacts. In coordination with local government land tenure status was determined once all APs/DPs were identified as a result of census.

 

  1. Census was followed with SES. Social Safeguards Specialists of Engineer and PIURR met in person with most informed member of project affected household for socio-economic survey of APs/DPs. The form of questionnaire[4], elaborated and approved under original LARP, was filled out for SES purposes.

 

  1. All required surveys were planned and undertaken to determine the names of APs/DPs, to conduct census and SES of APs/DPs/affected households, and inventory of affected assets, and road side traders. The resulting changes to private land and assets were recorded and were evaluated by relevant State Agency - State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’ - to determine the amount of compensation to be paid to individual APs/DPs, in accordance with the Project Entitlement Matrix of the approved LARP prepared in compliance with ADB SPS 2009 and the active legislation of the Republic of Tajikistan.

 

  1. This LARP Addendum No 1 is based on the entitlements and compensation rights and requirements established for the project and stipulated in the original LARP of the project approved by government and disclosed on ADB website in February 2018.

 

  1. The scope of project impact along the ROW of design changes is as follows:

 

           i.        Project impact is extended over forty-seven (47) land parcels; among them thirty-one (31) are state land parcels and sixteen (16) are private land parcels;

          ii.        In total project will impact fifty-nine (59) AHs cumulating 466 APs; among them 127 adult males, 98 under-age boys, 133 women and 108 under-age girls;

         iii.        Only sixteen (16) of 47 project affected land parcels are subject to cash compensation for land being are privately owned by sixteen (16) AHs (127 APs) 

        iv.        The remaining thirty-one (31) project affected State-owned land parcels are occupied by thirty-one (31) AHs (254 APs) without holding valid land use certificate, therefore these AHs are eligible for cash compensation for all project affected assets except land compensation

         v.        Only two (2) AHs will experience permanent stoppage of business, as grocery shop and car repair workshop will need to be demolished;

        vi.        Eight (8) AHs will not experience any stoppage of business as their facilities are not to be affected and only trees or minor improvement may be affected that will  not interrupt their operations. In addition, access road will ensure their uninterrupted access of APs and their customers;

       vii.        Two (2) APs will face the loss of monthly salary;

      viii.        Eleven (11) APs will experience only short-term impact as supplementary structures and improvements are not essential to keep on regular business, however they will have to temporary hold  with operations during road works mainly for safety reasons;

        ix.        One (1) AH holds the valid title to vacant commercial land with no commercial activities being carried out at present this AH will not receive any compensation for business stoppage; And two (2) more APs have not been carrying out any business operations for years. Therefore, three (3) APs will not face any stoppage of business.

         x.        In total, 1,284 perennials (539 mature and 744 saplings of fruit trees) are affected

        xi.        Among the total of forty-seven (47) project affected land parcels one (1) is agricultural land of the Dehkan Farm ASADULO, losing some portion of a large land parcel at four different locations in total cumulating 13,032.60 sq.m. and 584 project affected fruit bearing trees (159 mature and 425 saplings). However, during LARP implementation Dehkan Farm received cash compensation amount for land and fruit trees which at the end did not get affected as a result of design change. To restore the balance the decision was made to acquire land and affected assets of D/F Asadulo affected under the LARP Addendum No 1 without issuance more cash compensation[5].

       xii.        Six (6) AHs (47 APs) will experience loss of supplementary structures, solid walls and fences, as well as concrete foundation and water storage reservoir.

      xiii.        None of AHs will experience physical resettlement as not a single residential house is affected by the road activities.

     xiv.        Project affected commercial facilities are attached in a total of nine (9) land parcels of commercial designation; among these four (4) commercial land parcels are privately owned by four (4) AHs (29 APs), the other five (5) plots are occupied by five (5) AHs (30 APs) without land use right certificate

      xv.        In total, fourteen (14) AHs qualify for vulnerability compensation

     xvi.        Seven (7) AHs representing (53  APs) are eligible for additional compensation for severe impact

    xvii.        Annual crops, Barley is grown on 1,201 sq.m. of State-owned agricultural land parcels  used by two (2) AHs (13 APs) without holding land use certificate

   xviii.        All sixteen (16) AHs holding land use certificate are eligible for additional allowance to cover the fees to update land use title certificate and technical passport to erect replacement structures affected by the pending road works.

 

  1. Table 1 below provides more detailed summary of project affected persons and assets.

 

 

 

Table 1. Summary of project impact

 

Description of affected asset

No. of plots

Impact unit measure

Scope of impact

A

State owned land parcels not requiring land compensation

 

 

 

1

Rural residential land

17

Sq.m.

N/A

2

Commercial land

9

Sq.m.

N/A

3

Agricultural arable land without certificate

5

Sq.m.

N/A

Sub-total of State land parcels without certificate

31

Sq.m.

N/A

B

Affected private land parcels subject to cash compensation

 

 

 

4

Rural residential land with certificate

5

Sq.m.

948.50

5

Commercial land with certificate

5

Sq.m.

1,225.50

6

Dehkan Farm land under long-term use right

1

Sq.m.

13,032. 60

7

Agricultural arable land with certificate

4

Sq.m.

10,973.50

8

Pasture land with long-term lease

1

Sq.m.

9,000

Sub-total for affected land parcels

16

Sq.m.

35,180.10

C

Project affected structures

9

Main building - grocery shop

1

Sq.m.

34.73

10

Operating car repair workshop

1

Sq.m

207.89

11

Supplementary structures attached to residential dwellings

9

Sq.m.

863.23

12

Supplementary structures attached to commercial land parcels

6

Sq.m.

151.12

Sub-total for structures

17

Sq.m.

1,256.97

D

Other Developments

 

 

 

13

Affected concrete walls

4

Cubic meter

18.17

14

Advertisement billboard

2

Number

N/A

15

Affected iron meshed fence

2

Linear meter

45.70

Sub-total for other developments

8

 

63.87

E

Affected Perennials

 

 

 

16

Mature fruit bearing perennials

31

Number

539

17

Replacement value for fruit tree saplings

19

Number

744

Sub-total of perennials

31

 

1,283

F

Affected Annual Crops

 

 

 

18

Annual crops (Barley)

2

Sq.m.

1,201

Sub-total of perennials

2

 

1,201

G

Social impacts

 

 

 

19

Physical resettlement /relocation

0

N/A

0

20

Vulnerable AHs 

14

AH

14

21

Severe Impact (10% and more impact)

7

AH

7

H

Impact of Business

 

 

 

22

Loss of wages

2

Number

2

23

Permanent stoppage

2

Number

2

24

Temporary stoppage

11

Number

11

25

Non-operating businesses

3

Number

3

26

No stoppage of business operations

8

Number

8

Sub-total of Business Units

26

 

26

 

 

1.6   Information Disclosure, Consultations and Participation

 

  1. Public Consultations regarding the newly emerged design changes commenced at the early phase, prior to initial field surveys. A number of separate meetings with potentially affected AHs and public consultation meetings with smaller groups of local residents have been carried out on a regular basis.

 

  1. On July 24-26, 2019, the Social Safeguards specialist and PIURR representatives conducted individual consultations with APs/DPs, residents of affected communities. Road side traders were consulted numerous times.

 

  1. In addition to regular consultations with project affected persons carried out by the National Social Safeguards Specialist often accompanied by PIURR representatives, the International Social Safeguards Specialist conducted mission field visits to Tajikistan (August 14-29, 2019) and met with the representatives of Jamoats, PIURR, road side traders, and several APs present on site during the field trip. The National and International Social Safeguards Specialists and PIURR representatives once again examined each project affected land parcel on site.

 

  1. Due to the number of AHs scattered at different locations, the Consultant together with the PIURR, instead of at one public consultation, met individually with each AH as well as the director of the Dehkan Farm ASADULO, and other stakeholders including Jamoat representatives, raisi mahala, and other local authorities.

 

  1. The LARP Addendum Public Disclosure meeting will be held upon the draft LARP Addendum No 1 is internally reviewed by the PIURR and ADB, and relevant comments received and incorporated in the LARP Addendum.

 

  1. The Notification on the location, time and date of Public Disclosure will be provided to all APs together with a copy of the Public Information Booklet through the representatives of local Jamoats. Additionally, the relevant notifications will be displayed on the Information Board at the local Jamoat buildings. The Notification will be made with sufficient notice to enhance attendance of APs/DPs, APs, government agencies and any other interested person(s) including NGOs.

 

  1. The English LARP Addendum will be uploaded to the ADB website[6]. A Russian version will be uploaded on the MOT website[7] and hard copies will be made available at local Jamoats.

 

 

 

1.7   Institutional Arrangements

 

  1. As described in the approved LARP the core agencies and organizations involved in the LAR process are: ADB, Ministry of Transport, Project Implementation Unit for Road Rehabilitation (PIURR), Ministry of Finance, Ministry of Agriculture, State Committee for Land management and Geodesy (SCLMG), State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’, District Authorities, Local Executive Government Districts (Hukumats), Jamoats, City and Town Local State Executive Authorities, LAR Committee, and other state agencies.

 

1.8   Grievance Redress Mechanism

 

  1. The Grievance Redress Committees were established in all five project affected Jamoats in compliance to the MoT letter No. 516, dated May 20, 2016.

 

  1. Five (5) CRCs have been formed and have been operating since the commencement of the project and will keep operating during the entire project cycle. The Focal Persons (FPs) are appointed to Jamoat CRCs and at the PIURR.

 

  1. The scope and role of the GRM is to addresses all issues related to involuntary resettlement, social and environmental performance. The AHs are APs/DPs are well informed about their right to file complaints and queries on any aspect of the Project, including land acquisition and resettlement, and appeal any decision, practice or activity related to the Project. The PIURR ensures that grievances and complaint are addressed in a timely and effective manner.

 

1.9   Monitoring and reporting

 

  1. The Project has established systems for internal monitoring and assessment to achieve the main purpose and goals of ensuring that resettlement and acquisition of project affected land and assets have been implemented in accordance with the provision of ADB’s SPS 2009, the laws of Tajikistan, stipulation of the approved LARP, and the present LARP Addendum.

 

  1. Reporting requirements will fully cover the newly affected areas and APs/DPs under this LARP addendum similar to the approach exercised with regard to the entire section of this road project.

 

  1. Impact monitoring will encompass verification of the following indicators:

 

  1. Whether all physical inputs committed in the Addendum to LARP have been delivered and all services provided
  2. Whether the mitigation actions prescribed in the Addendum have provided the desired effects
  3. The socio-economic status of the affected population and host population measured against the baseline conditions before the displacement.

 

1.10   Resettlement Budget

 

  1. The total implementation cost of the LARP Addendum No 1, including compensation, rehabilitation allowances as well as administrative costs for LARP implementation and contingency amounts to 1,657,068.24 TJS, which is equivalent to $ 171,545.58 USD (at exchange rate $ 1 - 9.6800 TJS as of March 3, 2020 of the National Bank of the Republic of Tajikistan.
  2. Project Description


 

 

  1. The province of Khatlon, which borders Afghanistan in the southern section of the country, has a high poverty incidence of about 50% which has become a major concern in the country. In order to avoid destabilization in the neighbouring areas due to the current conditions in Afghanistan and achieve both economic and social stability in the province of Khatlon, the improvement of the road network connection from the province to the capital city of Dushanbe has become a priority for the government. In particular, the Dushanbe Pyanj road section is one of the most important international road corridors in Tajikistan.

 

  1. Traffic volumes on the road have grown steadily, averaging around 13% per annum over the period 2000-2014. Present traffic ranges from approximately 7,000-10,000 vehicles per day in the center section of the road to around 16,000 vehicles per day in the peri-urban sections on the outskirts of Dushanbe and Kurgonteppa. The road is projected to reach its capacity by 2020 for most of its length. Although its surface is on average in reasonable condition, with an average international roughness index (IRI) of around 6, this figure masks several significant sections where the pavement is deteriorating rapidly. Overall, the road pavement requires improvement either immediately or in the near to medium term. This is due to the emergence of cracking and potholes and damage to structures and drainage systems. The road also has a poor safety record, with a high concentration of accidents in the more heavily trafficked sections adjacent to Dushanbe and Kurgonteppa in particular.

 

  1. The project will support the government’s program to progressively improve the road by (i) expanding its width from two to four lanes, to address the impending capacity constraints; (ii) improving its surface condition by structural overlays of the existing pavement and construction of new pavements, to address the condition constraints; and (iii) providing well-designed safety facilities to address the existing road safety deficiencies.

 

  1. The project will also serve to take stock, draw lessons and analyze the institutional gaps on road safety and road asset management with the view to incrementally strengthening MOT’s capacities on these aspects. This approach will support a policy dialogue that will run parallel with the progressive improvement of the road and will be closely coordinated with other development partners active in the transport sector.

 

  1. The 39.575 km Phase 2 road section covered by this LARP stretches from Chashmassoron (km 33+475) to Vakhsh bridge (km 73+050). The map below shows the proposed road project route.

             Figure 1:  Shows Dushanbe-Kurgonteppa Project Location

 

        Figure 2:  Shows Phase 2 road section and project affected Jamoats

 

 

2.1   Project Realignment Design Changes

 

  1. The design changes were required to address a number of technical, economic, and social issues. According to ADB social safeguards requirements, due diligence should be carried out in conjunction with the proposed design changes.

 

  1. Each location of design change was carefully examined on site to detect any possible LAR impact. Prior to final approval of suggested design changes, causing some realignment of the ROW, all sections were revised to improve technical parameters of road design. Although due efforts were made to eliminate any potential impacts on private assets, and to avoid disturbance of local communities and road-side traders observed along the road, some LAR impacts were still confirmed along these locations.

 

 

2.2   Objective of LARP Addendum No 1

 

  1. The main objective of Addendum No. 1 to LARP is to identify persons economically and/or physically displaced (DPs) due to the Project realignment and to assist them to restore their livelihoods. The Addendum No. 1 to LARP is based on the approved LARP stipulations and complies with the relevant laws of the Republic of Tajikistan and the requirements of ADB’s Safeguard Policy Statement (SPS) 2009.

 

 

  1. The Addendum No. 1 to LARP has been prepared to:

 

           i.        address and mitigate impacts caused by the project

          ii.        ensure compliance with ADB’s SPS (2009) requirements, and

         iii.        determine compensation, resettlement and rehabilitation assistance for the affected households.

 

  1. The Addendum No. 1 to LARP is based on the newly approved design changes. The ROW of new realignments is now fixed, any further changes of the design would be made within the corridor. The following steps were taken for the completion of this Addendum No. 1 to LARP:

 

              i.            disclosure of Project information and consultations with APs/AHs

             ii.            completion of the socio-economic survey (SES) and census of AHs

            iii.            inventory of losses for all AHs

           iv.            completion of detailed measurement surveys (DMS)

            v.            valuation of affected land, buildings, structures and perennials, and

           vi.            preparation of the compensation budget for identified losses.

 

  1. The LARP Addendum No. 1 is prepared by the MOT with technical support provided by National and International Social Safeguards and Resettlement Specialists deployed by the Construction Supervision Company and the representatives of the PIURR. The document is developed in compliance with the approved LARP, ADB SPS 2009, and relevant laws and regulations of the Republic of Tajikistan.

 

  1. The present Addendum No. 1 to LARP covers all newly identified project affected land parcels located within the ROW realigned as a result of new design change, as well as owners and possessors of land and project affected assets subject to cash compensation including severely affected and vulnerable AHs.

 

  1. LARP Addendum No. 1 will be implemented by the Project Implementation Unit for Road Rehabilitation (PIURR) and the Social Safeguards Specialists engaged by the supervision consultant, Kocks Engineers. The LARP implementation activities will commence following the official ‘No Objection’ being granted to the final LARP Addendum No. 1.

 

  1. Upon the completion of cash compensation, the PIURR together with the Social Safeguards Consultant, will conduct internal social monitoring and LARP implementation status assessment. The results of monitoring and assessment, confirming that LAR activities have been completely and successfully implemented prior to the commencement of civil works along the realigned sections of the road ROW will be reflected in the relevant Social Compliance Monitoring Report and the award on commencement of road works will officially be allowed.

 


  1.  

III.    Scope of impact

 

 

  1. Activities described below are undertaken to determine project affected assets and to define the relevant compensation unit rates.

 

3.1   Impact Assessment Survey Methodology

 

  1. One of the key principles adopted for the preparation of this Addendum No 1 to LARP is that all compensation payments and livelihood restoration assistance must be based on a detailed understanding of the Project impacts on displaced people. The initial data was collected in July 2019. Later the detailed measurement surveys were carried out that covered all project affected land parcels privately used, possessed without land use certificates, as well as project affected commercial facilities and individual trading along the newly affected locations.

 

  1. In order to accurately assess the extent of the Project’s LAR impacts, the following surveys and valuations were undertaken:

 

           i.        Enumeration of all project affected assets

          ii.        Census and SES of all project affected households

         iii.        Detailed Measurement Survey (DMS) to measure the affected area of the lands, buildings, improvements and determine ownership status of APs

        iv.        Inventory of project affected assets was undertaken in the presence of each property owner and/or possessor, and information on the numbers and types of affected assets was determined, recorded, and confirmed with the APs’ signature.

 

  1. The DMS was conducted in the presence of APs, Head of the village (i.e. Rais Mahala), representatives of project affected Jamoats, relevant Hukumat, local land committee, road maintenance department, PIURR resettlement engineer, and Social Safeguards and Resettlement specialists of the Engineer.

 

  1. Demarcation, census, SES and inventory of project affected land and assets discovered the total of fifty-eight (58) locations with project impact and identified the all AHs/APs, as well as one (1) legal entity - Dehkan farm ASADULO[8]. The agricultural land of Dehkan farm ASADULO is affected in four locations spread in Galaobod, Khililo and Boqiston, Lolazor.

 

  1. The Detailed Measurement Survey (DMS) was conducted in January and February, 2020. Once the final design was approved the DMS data was double checked and updated in early March 2020.

 

  1. The results of inventory of project affected assets were analysed and provided to the State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’ for further evaluation and determination of compensation at full replacement value based on the current market prices per each type of asset subject to cash compensation under this document.

 

  1. The State Agency - State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’ was provided with detailed list of project affected assets collected during the inventory for assessment and determination of compensation amounts per each type of assets, such as fruit bearing perennials, residential structures and improvements except agricultural land.

 

3.2   Affected Land

 

  1. The table below provides a description of the land tenure status and land category of project affected land parcels.

 

Table 2. Project impact on private land parcels

#

Description

No. of Parcels

Area (sq.m.)

AHs

APs

1

Rural residential land with certificate

5

948.50

5

36

3

Commercial land with certificate

5

1,225.50

5

33

5

Dehkan Farm land under long-term use right

1

13,032. 60

1

N/A

6

Agricultural arable land with certificate

4

10,973.50

4

42

8

Pasture land with long-term lease

1

9,000

1

16

 

Total

16

35,180.10

16

117

 

  1. In addition, the LARP Addendum No. 1 identifies state land attached with project affected perennials, commercial facilities and some private improvements possessed by AHs eligible to cash compensation for all project affected asses as described below.

 

 

3.3   Affected Fruit Trees

 

  1. In total, 1,283 mature fruit tree and saplings are grown on thirty-two (32) land parcels owned/possessed by thirty-one (31) AHs (250 APs) and one (1) agricultural land parcel owned by Dehkan Farm ASADULO. Below Table 3 provides summary of project affected fruit trees.

 

Table 3. Summary of project affected fruit trees

 

Description

No. of plots

No of fruit tree saplings

No of Mature fruit trees

Total of fruit trees

AH 

AP

AH losing fruit trees

31

319

380

699

31

250

Dehkan farm ASADULO

1

425

159

584

N/A

N/A

Total

32

744

539

1,283

32

250

 

 

  1. The table shows that most number of project affected fruit trees (425 saplings and 159 mature fruit trees) are located on project affected territory of Dehkan Farm of ASADULO.

 

  1. The total of thirty-one (31) AHs are losing the total of 699 perennials, among them 319 saplings and 380 mature fruit trees.  Amount of cash compensation is evaluated by the specialists of State Unitary Enterprise for Valuation (SUE). The SUE specialist use the inventory data of project affected fruit trees collected by Social Safeguards Specialists during DMS undertaken for LARP Addendum preparation. The specialists of SUE then evaluate each project affected fruit trees according to approximate age and productivity level. Amount of compensation is calculated per each fruit tree; average market price of specific fruit TJS/kg is multiplied to the number of years needed to grow a sampling of the same species to the similar age and productivity level. Each unit rate is also added with current market price of a sapling. The valuation report of the SUE is available with the PIURR and Engineer’s Social Safeguards Specialist and readily available for review upon the AP’s request.

 

  1. Table 4 below provides the description of number, age group and species of project affected fruit trees.

 

Table 4. Breakdown of project affected fruit trees according to species and approximate age.

 

Fruit tree species

Fruit tree saplings, semi-productive

Fruit tree saplings

Total

Apricot

5

67

72

quince

3

33

36

Grapes

0

1

1

Cherry

0

2

2

Sour cherry

47

117

164

Pomegranate

1

3

4

Pear

1

3

4

Fig

1

 

1

Almond

59

4

63

Walnut

1

4

5

Peach

32

23

55

Plum

581

11

592

Plum - sour

2

 

2

Mulberry

4

140

144

Apple

5

26

31

Pistachio

0

2

2

Wild cherry

0

1

1

Oleaster

2

98

100

Persimmon

0

3

3

Hawthorn

0

1

1

Total

744

539

1283

 

 

3.4   Affected Crops

 

  1. Barley is grown on two project affected land parcels used by two (2) AHs without land use certificate. Cash compensation for Barley is calculated according to the area affected by the project.

 

 

 

 

Table 5.Summary of project affected annual crops

 

Annual crops

No of plots

Sq.m.

AH

AP

Barley

2

1,201

2

13

 

 

 

3.5    Affected Business

 

  1. In total, twenty-six (26) AHs (198 APs) have been recorded during assessment of project impact on businesses. Of these twenty-six, there are three (3) commercial land parcels attached with project affected supplementary structures that have not been useful for many years nor have any business operations been carried out in those structures; nor has anyone rented these facilities for any business operations purposes. Therefore these three (3) APs will only receive compensation for affected assets (in once case land, structure and severe impact; in the second case, land is state owned and only affected structures will be cash compensated). Therefore, neither of these three (3) APs are eligible for compensation of business stoppage.

 

  1. Additionally, only two (2) APs will experience permanent stoppage of business.

 

  1. One (1) AP is the owner of the local grocery shop, and the other AP (1) is the owner of a car repair workshop. Both buildings will need to be demolished for road works and both APs will experience stoppage of business before they build new facilities and restart their respective businesses.

 

  1. The owner of the project affected car repair shop intends to build a new facility on the remaining portion (1,273 sq.m.) of his land parcel. The only official document verifying his income confirmed the receipt of 300 TJS/month as the rent from four workers renting his facility for car repair services to customers.
  2. Therefore, this AP, in addition to compensation for affected land, main building, and supplementary structures, will receive allowance for updating land use certificate, obtain technical passport to build a new car repair workshop, plus extra to cover transportation costs and rental fee for storage of assets before construction of the new car repair shop, and restarts his business within six months following receipt of full compensation.

 

  1. The four (4) APs renting this same car repair workshop and providing customer vehicle maintenance services plan to continue their businesses in other facilities on similar conditions. Importantly, these APs paid rent at the end of each month. Therefore, none of them will lose already paid rent. The owner and all four renters are aware of pending project and they intend to vacate facilities as soon as they are compensated for temporary stoppage of business.  These four (4) APs do not need to re-new patents because they are not changing the type of service they provide, meaning that they do not need to be compensated for patent renewal. Since no tax report is available, each of these four (4) APs will receive cash compensation for temporary stoppage of business as defined in the LARP Addendum No.1 that equals to three (3) times the average monthly salary per affected renter. No costs for transportation or storage of assets need to be compensated as the renters were using the assets and facilities of the car repair workshop owner.

 

  1. The second AP experiencing permanent stoppage of business is the shop owner. He will lose his entire land parcel and structure used for the shop business. In addition, for affected land and structure he will receive compensation for six months business stoppage and extra to cover transportation costs and rental fee for storage of assets before construction of the new shop, and for recommencing his business within three (3) months following receipt of full compensation. He intends to build a new shop in a new location which he plans to obtain legally after he receives full cash compensation. According to the AP, he is confident of completing construction of the new shop and of recommencing his business operations within 3-4 months, however since the impact is qualified as permanent impact, under the LARP Addendum No 1 he is eligible to 6 months compensations.

 

  1. One (1) AP, a brother of the shop owner, was informally running the shop but there is no rent agreement nor any tax reports available. Therefore the AP will only receive three (3) months allowance for temporary stoppage of business, and most likely, continue helping his brother to run the new shop once it is built as the AP expects occurring within three (3) months.

 

  1. One (1) AP, the legitimate owner of commercial land and operating tandoor and Sambusa bakery will experience stoppage of business due to project impact on his facility. The AP plans to build a facility on the remaining portion (448 sq.m.) of his land, and to restore their commercial operations within three months. According to the presented Tax report and other relevant documents, his monthly NET profit was 1,820 TJS/month. He paid monthly tax in the amount of 1,400 TJS. He will receive compensation for three (3) months stoppage of impact in the amount equivalent to three (3) times of his NET Income. He will also receive allowances to renew his land use certificate, and to acquire technical passport to get permission for the construction of an alternative tandoor. He is confident that within three (3) months following receipt of cash compensation, he will be able to recommence his commercial activities

 

  1. The same AP is providing jobs to two (2) APs working for AP owner of commercial land parcel and operating tandoor as hired labor who will lose salaries. They will both receive three (3) months monthly salary[9] according to the official documents presented by the owner of the operating tandoor. 

 

  1. Five (5) APs were included in the LARP Addendum No1 in accordance with the decision of GRC and will receive cash compensation for three (3) months stoppage of business[10]. They incurred as a result of demolition of commercial facilities in the village of Aini in Khuroson rayon, which was covered by the original LARP. However, at the time, they had not provided their full details to be included in the list of APs.

 

  1. Eight (8) APs who keep commercial facilities further from the road works area, are included in the LARP Addendum No 1, only because of impact on fruit trees[11], fences, billboards, concrete foundations, etc. Otherwise, none of these APs will be affected during construction and they will be able to continue their business[12] as previously, because firstly, during road works one direction is always kept open to maintain traffic movement, and in addition, an access road will be provided for guaranteed uninterrupted access for the APs and their customers as well.

 

 

Table 6.Summary info on project affected employees and businesses operators

 

#

Type of Impact on business

No. of APs/DPs

No. of APs

Type of stoppage

Duration of stoppage

1

APs with non-operating business facilities

3

23

 

N/A

0 month

2

AP owner of car repair shop

1

7

Permanent

6 months

3

APs renting car repair shop

4

32

Temporary

3 months

4

AP owner of Grocery shop

1

6

Permanent

6 months

5

Grocery shop informal renter

1

9

Temporary

3 months

6

AP owner of Bakery (Sambusa & Tandoor)

1

8

Temporary

3 months

7

APs hired at Bakery

2

11

Temporary

3 months

8

Traders eligible to temporary loss of business under GRC decision

5

33

Temporary

3 months

9

Owners /possessors not experiencing any stoppage of business

8

69

Temporary

3 months

 

Total

26

198

 

 

 

 

  1. Affected business has been recorded, inventoried and assessed individually. The LARP Addendum No. 1 budget contains cash compensation for each AP according to the type of impact, such as loss of private commercial land, structures, fruit trees and permanent and/or temporary stoppage of business.

 

 

3.6   Project Affected Structures

 

  1. None of the residential houses will need to be demolished for road project purposes. Since no residential house will need to be demolished none of the project affected AHs will subject to physical relocation.

 

  1. However, project impact is extended over supplementary structures and other improvements attached to six (6) project affected land parcels of residential designation owned by six (6) AHs representing forty-seven (47) APs. Every AH losing supplementary structures will be paid cash compensation at full replacement value at current market prices and will be able to construct a new supplementary structures and improvements on the remain portion of their residential land parcels

 

  1. All project affected supplementary structures and improvements attached to residential land parcels to be demolished for road works are listed in table 7 below. The table 7 also shows number AHs and APs.

 

 

Table 7. Project impact on supplementary structures of residential designation

Description of affected structure

No. of items

Unit measure

Unit size

AH 

AP

Supplementary structures

3

Sq.m.

65.34

3

22

Solid concrete  walls

3

Sq.m.

17.85

3

17

Canopy type roofing

3

Sq.m.

65.56

3

21

Concrete covered area

1

Sq.m.

9.09

1

6

Concrete foundation

2

Sq.m.

2.02

2

13

Metal Gate

1

Sq.m.

13.1

1

6

Underground water-storage

1

Sq.m.

9.69

1

12

Sub-total

14

Sq.m.

 

6

47

Iron meshed fence

1

Linear meter

30.40

1

7

Sub-total

1

 

30.40

1

7

Total

15

 

 

 

 

 

  1. In addition, road construction along the section located within the ROW of new design changes will impact some supplementary structures, improvements of commercial designation as well as operating shop and car repair workshop. The table 8 below details private commercial facilities, supplementary structures and improvements subject to demolition for road construction purposes. These structures are attached to eight (8) project affected land parcels of 8 AHs (57 APs).

 

Table 8. Project impact on supplementary structures of commercial designation

 

Description of affected structure

No. of plots

Unit measure

Unit size

AH 

AP

Shop

1

Sq.m.

34.73

1

6

Supplementary structures

2

Sq.m.

41.30

2

17

Car repair workshop

1

Sq.m.

207.89

1

7

Solid concrete  walls

1

Sq.m.

0.32

1

8

Canopy type roofing

2

Sq.m.

79.33

2

18

Reinforced slate

3

Sq.m.

17.64

3

22

Billboards

2

Number

4

2

3

Concrete covered area

5

Sq.m.

600.93

5

34

Concrete foundation

7

Sq.m.

90.43

7

31

Smoke pipe

1

Sq.m.

18.00

1

8

Side walk constructed by AP

1

Sq.m.

36.40

1

7

Sub-total

8

 

 

8

57

Iron meshed fence

1

Ln.m[13].

15.30

1

6

Asbestos made pipe

1

Ln.m

20.5

1

10

Sub-total

2

 

 

2

16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.7   Severely Affected Households

 

  1. There are seven (7) land parcels of 7 AHs /53 APs under severe project impact. Two of the parcels are residential, four (4) commercial and only one (1) is of agricultural designation. 

 

Table 9. Private land parcels experiencing Severe Impact

 

Total of loss

No. of parcels

No. of AH

No. of AP

Loss of 10% and more of residential land

2

2

19

Loss of 10% and more income generating (commercial land)

4

5

26

Loss of 10% and more of agricultural

1

1

8

Total

7

7

53

 

 

3.8   Vulnerable Households

 

  1. The total of fourteen (14) AHs are qualified vulnerable and covered under LARP Addendum No 1. The table shows that in some families there are more than one person qualified as vulnerable, however according to established practice vulnerability allowance is issued to per project affected household falling in the category of vulnerable groups. The table 10 provides the description of vulnerable AHs and categories of vulnerability.

 

 

 

 

 

 

Table 10. Vulnerable AHs by Location

 

Kocks Code

Jamoat

village

Female

headed

AHs

Disability

Below

Poverty

line

1

No 7

Obikiik

I.Somoni

 

1

1

2

No 15

Khiloli

Mehknat

 

1

1

3

No 21

Khiloli

Iftikhor

 

 

1

4

No 23

Khiloli

I.Somoni

 

 

1

5

No 32

Khiloli

I.Somoni

 

1

 

6

No 32

Khiloli

I.Somoni

 

1

 

7

No 36

Khiloli

I.Somoni

1

 

 

8

No 40

Aini

Comunizm

 

1

 

9

No 41

Aini

Comunizm

1

 

 

10

No 42

Aini

Comunizm

 

1

1

11

No 42

Aini

Comunizm

1

1

 

12

No 52

Kizilkala

Sarband

 

 

1

13

No 53

Kizilkala

Bandar

 

1

 

14

No 58

Kizilkala

Bandar

 

1

 

 

 

3.9   Relocation

 

 

  1. Two (2) APs will be issued relocation subsidy to cover the costs for transportation the items once removed from project affected commercial facilities and also allowance to cover rental fee for storage facilities to keep their equipment and supplies before restarting business operations.

 

 

3.10  Special Case RE: Dehkan Farm Asadulo

 

  1. During the project course several design changes were elaborated that resulted in minimization of project impact to private assets.

 

  1. One of such cases referred to Dehkan Farm Asadulo, which was included in original LARP due to the project impact on left hand and right hand sides of the ROW[14].

 

  1. In compliance with approved LARP the full cash compensation (602,661.47 TJS) was issued to Dehkan Farm Asadulo prior to commencement of any road works. The land, fruit trees and fence located on LHS of the ROW were fully affected by road works.

 

  1. However, the change of design of ROW on RHS of road section starting at km 42+490 to km 48+000, considerably decreased the project impact to assets of Asadulo.
  2. The DMS confirmed that 26,099 square meter of land (already compensated at 272,212.57 TJS) and 346 standing fruit trees (also compensated at 45,629.00 TJS) were not affected any more, as no actual impact was incurred to land or standing fruit trees. The replacement cost (78,731.20 TJS) of fence located on RHS of ROW was consumed to shift the fence slightly further, but no other assets were actually affected.

 

  1. Thus, Dehkan Farm received 317,841.57 TJS as the compensation amount for land and fruit trees which did not get affected as a result of design change.

 

  1. Under the LARP Addendum No 1, D/F Asadulo will again be affected, and some land and fruit trees standing[15] on LHS of the ROW are subject to cash compensation. As a result of DMS, inventory and valuation of project affected assets the amount of compensation was determined as total of 175,975.94 TJS.

 

  1. To restore the balance the decision was made to acquire land and affected assets of D/F Asadulo affected under the LARP Addendum No 1 without issuance more cash, as Dehkan Farm Asadulo was already compensated for loss (that as a result of design change) never got affected.
  2. This solution was communicated with the representative of D/F Asadulo. During processing land acquisition the PIU will prepare relevant official documents and ensure land and assets acquisition is carried out in legally valid manner. 

 

 

 

 

 


  1.  

IV.    Socio-economic Profile of Affected households

 

 

100. The census and SES, conducted during preparation of the Addendum No 2 to the approved LARP, covered 100 percent of APs/DPs.

 

4.1   Demography of Project Affected Households 

 

 

101. The Socio-economic profile of the AHs is based on the information obtained during census and the results of socio-economic survey of all fifty-eight (58) AHs (466 APs). The total number of affected households (58 AHs) comprise 446 persons (225 male and 241 female). Of the fifty-eight (58) AHs, twelve (12) AHs are female headed.

 

102. The average size of a household is eight (8) persons. However, two affected households comprise 20 and 21 members each.

 

103. Table below shows the composition of the APs disaggregated according to gender and age groups of adults and under-age persons.

 

Table 11. Breakdown of APs according to Age Groups and Gender

 

Gender

Head of AH

APs

Number

(%)

Number

%

Male

55

79.31

225

81.47

Female

3

20.69

86

18.53

Total

58

100

464

100

 

 

104. Table below shows the age composition of project affected persons. According to the table, the largest group of population (37%) is within the age group of 18-35 years, while children below seven (7) years of age make up only 3% and 29.50% of the total are youth aged from 8-17 years.

 

Table 12. Age composition of APs

 

Age group

Members of AH

Head of AH

Number

%

Number

%

0 - 7

12

3.00

N/A 

N/A 

8 - 17

118

29.50

N/A 

N/A 

18 - 35

148

37.00

9

15.52

36 - 45

54

13.50

18

31.03

46 - 55

35

8.75

13

22.41

56 - 65

24

6.00

16

27.59

66 and more

9

2.25

2

3.45

Total

400

100

58

100

 

 

105. Table below describes marital status of project affected persons and confirms that among fifty-eight (58) AHs the majority are married couples, only five are widows (3 female and 2 male).

 

Table 13. Marital Status of AHs

 

Marital Status

Head of AH

Members of AH

Number

%

Number

%

Married

52

89.7

433

92.9

Single

0

0.0

0

0.0

Widow (Female)

4

6. 9

20

4.3

Divorced

2

3.4

13

2.8

Under-age

0

0

0

0.0

Total

58

100

466

100

 

106. One third of affected households is represented by nuclear families, and number of extended families makes 62.07%.

 

Table 14. Types of AHs

 

Type of the AH

Number of APs/DPs

Percent (%)

Nuclear

22

37.9

Extended

36

62.1

Total

58

100.0

 

 

4.2   Occupation and main source of income of AHs

 

  1. As composed in the table below, the major source of income of AHs is based on the information obtained during census and socio-economic survey of 100% of located AHs. The table below shows main occupations of APs which does not highlight agricultural activity as one of the main occupations of the rural population, and AHs may be less affected as a result of the realigned ROW.

 

Table 15. Types of Occupation of APs

Occupation

Head of AH

Other member of AH 

Number

%

Number

%

Pensioner

6

10.34

13

3.19

Agriculture

3

5.17

48

11.76

Hired in private sector

6

10.34

12

2.94

Business owner

15

25.86

0

0.00

Housewife

3

5.17

78

19.12

Schooler/student

0

0.00

137

33.58

Unemployed

10

17.24

40

9.80

Civil Servant

3

5.17

19

4.66

Working abroad

12

20.69

15

3.68

Kids/toddlers

0

0.00

46

11.27

Total

58

100

408

100

 

Tables below display average monthly income and sources of income of AHs.

 

Table 16. Average monthly income of APs/DPs

 

Monthly Income (TJS)

Number of AH

Percent

300-1,000

12

20.7

1,100-2,000

18

31.0

2,100-3000

11

19.0

3,100-4,000

7

12.1

4,100-6,000

6

10.3

Over 6,000

4

6.9

Total

58

100

 

 

Table 17. Sources of Income of AHs

 

Source of Income

No of AHs

Total Income (TJS)

Average Income (TJS)

Agricultural activity

5

38,400

7,680.00

Employment

22

67,800

3,081.82

Business

13

67,100

5,161.54

Labour work

16

28,100

1,756.25

Remittances

8

12,000

1,500.00

Other

1

1,000

1,000.00

Total

58[16]

214,400

3,298.46

 

 

  1. Several interviewed persons, head of project affected households reported several sources of income, such as agricultural activity and temporary labor work, or pensions and remittances.

 

4.3   Expenses of AHs

 

  1. The biggest share of expenses relates to clothing, health care, purchase of consumption goods and food, plowing and sowing costs, keeping livestock, and interest rates for swift loans.

 

Table 18. Average monthly expenses of AHs

 

Proportion of  monthly

expenses according to

types of expenses

No. of AHs

Total

expenses (TJS)

Average

Expenses (TJS)

% of Total

Expenses

Food

58

10,0650

1,735.34

52.6

Clothes

30

16,360

545.33

8.6

Health Care

23

13,420

583.48

7.0

Education

43

22,595

525

11.8

Communication 

52

3,141

60.40

1.6

Transportation

0

0

0.00

0.0

Social events/social responsibilities

0

0

0.00

0.0

Agriculture expenses

5

8,200

1,640.00

4.3

Water supply

46

3,783

82.24

2.0

Utilities (electricity, etc.)

56

7,083

126.48

3.7

Land Tax

52

1,667

32.06

0.9

Loan payments

15

14,268

951

7.5

Total

380

191,167

503.07

100

 

 

4.4   Education and Literacy of AHs

 

  1. The level of literacy of AHs is reported to be 100%.

 

Table 19. Education and literacy of surveyed AHs

 

Education/Literacy

Head of AH

Other members of AH (except the Head of AH)

Number

%

Number

%

Primary

0

0.0

31

7.6

Secondary

45

77.6

309

75.7

Technical/Vocational

3

5.2

1

0.2

Higher (university)

10

17.2

0

0.0

Kids

0

0.0

67

16.4

Total

58

100

408

100

 

 

4.5   Women in the Local Context

 

  1. Women are mainly involved in household activities. Women participate in household decision-making processes and organizing family matters. During census and socio-economic survey, most families suggested male members to be the respondents. Females heading the affected household were active and willing interviewees.

 

Table 20. Activities Females are Involved

 

Type of activity/work

Percent

Selling agricultural produce

3.6

Trading and business

1.8

Agricultural activities

17.0

Handmade produce

0.6

Household activities

35.1

Cattle breeding

16.4

Planting/growing crops

25.4

Total

100

 

  1. Women are actively involved in decision making process in family care, children’s education, household issues, and sharing social responsibilities. Given table below describes the level of participation of females in various activities.

 

 

Table 21. Participation of Females in Decision Making Process

 

Activity

Percent

Financial Issues

15.7

Children’s education

18.1

Giving care to children’s health

16.8

Property acquisition /sale

18.1

Everyday work in the family (Family routine)

16.4

Social events/ social responsibilities

14.7

Total

100

 

 

4.6   Impact on Minorities

 

  1. No ethnic minorities are among the Project Affected Persons. The APs are primarily Tajik. No group of local residents showed any specific or unique features that could be identified as a distinct minority group. No impact on Indigenous People is expected from the Project. The investment program area does not include communities that may be defined as indigenous peoples under ADB's Safeguard Policy Statement (2009). Consequently, the indigenous peoples' impact classification for the proposed project is Category C.

 

  1. The project at the construction phase will include appropriate measures to mitigate the potential risk of HIV/AIDS and other sexually transmitted diseases, as well as drugs, human trafficking, child labor and labor trafficking. These measures include raising public awareness and shall be undertaken by Construction Contractor and/or Supervision Consultant as requested according to the identified needs.



V.      LEGAL AND Policy FRAMEWORK

 

 

  1. The policy framework for the Project is based on the Law of the Republic of Tajikistan and the ADB Safeguards Policy Statement of 2009. In the legislation of Tajikistan, there is no special law or policy, which regulates the issues of resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs. Moreover, there is no separate law that completely provides norms and mechanisms for the determination of the full and fair, market value of land.

 

  1. The key legislative acts regulating land management relations and the ownership rights to immovable properties in the Republic of Tajikistan are the following:

 

  1. Constitution of the Republic of Tajikistan (1994, as amended in 2003)[17]
  2. Land Code (amended in 2012)[18]
  3. Land Code (amended in 2008)[19]
  4. Civil Code (amended in 2007)[20]
  5. Regulation “about compensation of losses to the land users and losses of agricultural products” (approved by the Decree of Government of Republic of Tajikistan, 2011. № 641)[21]

 

102.The Constitution of the Republic of Tajikistan, Land Code and the Civil Code of the Republic of Tajikistan are the fundamental laws on which the legislation is based. The framework for the Project is based on the ADB SPS 2009 requirements and applicable laws, regulations and policies. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later.

 

5.1   Types of land ownership and land use rights allocation

 

  1. All land is owned by the Republic of Tajikistan, which is responsible for its effective use. Several tenure options for agricultural land are defined by the Land Code. There are primary use rights and secondary use rights. Primary use rights include the following:

 

a)      Perpetual use which has no fixed term. It is granted to legal entities such as state and cooperative agricultural enterprises, public and religious organizations and charities, industrial and transportation needs, public enterprises, defence and joint ventures that include foreign entities.

 

b)      Limited or fixed-term use may be granted to legal or physical persons for either a short-term (up to 3 years) or long-term (3 to 20 years).

 

c)      Life-long inheritable tenure which may be assigned to physical persons or collectives. Physical persons must re-register the right in the case of inheritance. This right applies to land-shares used to organize a Dehkan farm, as well as household (garden) plots.

 

  1. The only secondary use-right recognized under the Land Code is the right to lease. According to the Code, primary rights holders may lease out their plots for a term not exceeding 20 years. The land is used in accordance with the state-established land-use standards. The right to use land may be terminated for various reasons such as termination of activities by the land user, non-use for two years and use of the land differing from the use established in the use-rights document. (Land Code Article 37).

 

  1. Dehkan land is the result of the splitting up of large state owned farm enterprises, known as Kolkhoz and Sovkhoz farms, which were established throughout much of the former Soviet Union. Sovkhoz farms were run by the state, while Kolkhoz farms were a form of co-operative farm, run by a committee of members approved by the state. The Agrarian Reform Program in Tajikistan was adopted for the period of 2012-2020. Creation of Dehkan farms is one of the priority areas of land reform. The basis for creating Dehkan farm in the Republic of Tajikistan is defined by the Law “On Dehkan farms”[22], №48 of 10 May 2002. It resulted in the creation of 31 Dehkan farms in 1992 with 300 hectares of land. In 2003, there were 16,433 registered Dehkan farms with 240,100 hectares[23].

 

  1. In Dehkan farms, the land remains state property (which cannot be bought or sold), but farmers are granted inheritable land use rights which give complete legal freedom to landholders to manage the land as they desire. The state collects taxes and can repossess the land if it believes the land is not being managed properly. There are three types of Dehkan land: individual (the land use certificate is held by an individual), family (the certificate is jointly held) and collective (the certificate details common property shareholders).

 

  1. A collective Dehkan consists of two or more unrelated families, producing and marketing jointly. Dehkan farm―associations, or ― associative Dehkan farms, operate in a similar manner to collective Dehkans, although the families involved technically have their own Dehkans and work together cooperatively. Both family and collective Dehkans operate by appointing a head who officially holds the farm‘s land registration certificate and legally represents the interests of the farm (Duncan 2000; GOT 2008; ARD 2003; Robinson et al. 2009; GOT 2009a).

 

  1. Presidential land is similar to Dehkan land. It was allocated in small plots to private households in the late 1990s by Presidential Decree. The essential difference between Dehkan and Presidential land is that no land-use rights certificate is required for the latter land plots (they are registered at the Jamoat level per household).

 

  1. Reserve Fund land usually consists of unused land. It also includes land plots for which land use rights have been abandoned. State reserve land is at the disposal of the district administrations and is rented out or distributed for individual agricultural cultivation purposes. Article 100 of the Land Code states that State land stock is reserved for the agricultural, industrial, transport and other needs of the national economy.

 

  1. Supported Farms land includes land provided to different government institutions as assistance to their members and employees. The land is given to employees who did not get any land under other government schemes.

 

5.2   Tajikistan Constitution, Law/regulation on Land Acquisition, Resettlement and Compensation

 

  1. The Constitution of the Republic of Tajikistan is the main legal document which guarantees citizen’s rights. Article 13 states that land, bowels of the earth, [i.e. mineral resources], water, airspace, animal and vegetable kingdoms, [i.e. flora and fauna], and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people.

 

  1. Furthermore, Article 12 states that the economy of Tajikistan is based on various forms of ownership and the state will guarantee freedom of economic activity, entrepreneurship, equality of rights, and the protection of all forms of ownership, including private ownership.

 

  1. 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.”

 

5.3   Provisions regulated by the Land Code

 

  1. In August 2012 amendments to the Land Code that enable legal sales and lease transactions for land use rights were approved[24]. The Land Code also includes changes to the provisions related to land acquisition[25].

 

  1. The revocation/allotment of lands and resettlement envisages compensation for losses incurred by land users or those with other registered rights to the land when the land plot is revoked for state and public needs.

 

  1. The state may revoke land plots for state and public needs from land users after:

 

           i.        allocating a land plot of equal value

          ii.        constructing housing and other buildings with the same purpose and value, in a new location for the natural persons and legal entities to whom the land plot had been allocated, in accordance with established procedures

         iii.        fully compensating for all other losses, including lost profits, in accordance with the legislation of the Republic of Tajikistan.

 

  1. Upon the revocation of land plots for state and public needs, all losses shall be calculated according to the market price, which shall be defined by taking into consideration the location of the land plot ,and compensation shall be paid to the persons/legal entity whose land has been taken away. Termination of the right to use a land plot, for state and public needs, can be carried out after allocation of an equal land plot and compensation of other expenses is provided by part one of the present article. (L.C. Article 41; In the Republic of Tajikistan Law edition dated 1 August 2012, No. 891).

 

  1. The procedure for the compensation of losses to land users and losses arising from the removal of land from circulation is regulated by Article 43 of the Land Code edition dated 1 August 2012, No. 891.

 

  1. In the event of revocation of a land plot for state and public needs, compensation for losses to land users and others with registered rights to the land, and losses connected to the removal of land from circulation, shall be made by the natural/legal persons whose activity led to the revocation.

 

  1. In the event of withdrawal of a land plot for state and public needs, the procedure for compensation of losses to land users and others with registered rights to the land, and losses connected to the removal of land from circulation, shall be defined by the Government of the Republic of Tajikistan (In RT Law edition dated 5 January 2008, No. 357).

 

  1. Upon termination of the rights to a property, the property will be assessed based on its market value (Article 265 Civil Code).

 

  1. Land users should be notified in writing about land revocation by the local executive government body no later than one year before the pending withdrawal of the land (Article 40. Land Code of the Republic of Tajikistan Law edition dated 1 August 2012 no. 891).

 

  1. In the event that international agreements recognized by the Republic of Tajikistan establish other rules than those contained in the Land Code of the Republic of Tajikistan, the rules of the international agreement shall be applied (Article 105, LC of the RT edition dated 28 February 2004 No. 23).

 

  1. The Land Code of 1997 is the core legal document related to land acquisition. It has been updated a few times and most recently in August 2012. Article 2 of the Land Code states that “land is an exclusive ownership of the State… [but]... the State guarantees its effective use in the interests of its citizens”. However, Articles 10-14, the Land Code outlines land title as being of long-term, short-term, and inherited land use entitlement. Article 14 of the LC of the RT also states that land users may lease land plots by agreement (In the Republic of Tajikistan Law addition dated 1August 2012 No. 891).

 

  1. Article 24 of the Land Code 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 agriculture should be favored. The same principle is stressed by Article 29, which discourages the use of high yielding agricultural land for non-agricultural use. However, Article 29 also allows for allocation, and appropriating of agricultural land for “other very important State objects”.

 

  1. In accordance to Article 19 of the Land Code, the land right users may:

 

           i.        execute civil-legal transactions (buying-selling, gift, exchange, mortgage and other) with allocated (acquired) use right to a land plot with a right to alienate it independently without interference of executive government bodies, except for provisions of present Code; (In the Republic of Tajikistan Law edition dated 1 August 2012 No. 891)

          ii.        lease the land plot

         iii.        establish private (based on consent) servitude to a land plot; (In edition dated 1 August 2012 No. 891)

        iv.        mortgage the right to a land plot

         v.        receive compensation in the event of withdrawal of the right to use the land plot for state and public need in accordance with Article 41 – 43 of the present Code.

 

127.Compensation for land which belongs to the State but is allocated and essentially leased to users by each Hukumat, is divided between the Hukumat and the user according to the following proportion:

 

           i.        40% to the Hukumat, which will no longer derive income from taxes and leases for the portion of the land being acquired

          ii.        60% to the land user, who suffers a reduction in his/her income-generating asset.

 

  1. The compensation received by the Hukumat is used for the management, construction, and maintenance of local infrastructure. The land user also receives compensation for lost crops based on the provisions outlined in the Entitlement Matrix.

 

5.4   ADB SPS 2009 Involuntary Resettlement Safeguards

 

  1. The three important elements of ADB’s involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. For any ADB operation requiring involuntary resettlement, planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following 12 key policy principles for involuntary resettlement.

 

  1. These can be summarized as follows:

 

          I.        Screen the project early on to determine past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, related to resettlement impacts and risks.

         II.        Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, Indigenous Peoples, and those without legal titles to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and resolve the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

        III.        Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based (where possible) or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

       IV.        Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

        V.        Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with the relevant income sources and legal and affordable access to adequate housing.

       VI.        Establish procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

      VII.        Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

    VIII.        Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

       IX.        Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

        X.        Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

       XI.        Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout the project implementation.

      XII.        Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

 

131.ADB SPS 2009 distinguishes three categories of displaced persons, with variable compensation needs:

 

  1. Legal APs/DPs: APs/DPs with formal legal rights to land lost in its entirety or in part.
  2. Legalizable APs/DPs: APs/DPs without formal legal rights to land lost in its entirety or part but who have claims to such lands that are recognized or are recognizable under national law and.
  3. Non-legal APs/DPs: APs/DPs who have neither formal legal rights nor recognized/recognizable claims to land lost in its entirety or in part. Encroachers and squatters fall in this category.

 

132.For categories (i) and (ii) above, borrowers are expected to provide compensation at full replacement cost for lost land, structures, land improvements and relocation assistance. For APs/DPs in category (iii) (informal settlers), the borrower/client is expected to compensate all assets other than land (i.e. buildings, trees, cops, businesses) at full replacement cost.

 

  1. The risk of opportunistic encroachment on land designated for acquisition by the project is managed through the declared 25 April 2016 cut-off date.

 

  1. Compensation for lost land may be in the form of replacement land (preferred option if feasible) or in cash. When “land for land” compensation is not feasible cash compensation can be valued based on market rates or, in the absence of land markets, through other methods (i.e. land productivity or reproduction costs)[26].

 

  1. Compensation is to be provided at “full replacement cost”. This includes: (i) transaction costs; (ii) interest accrued; (iii) transitional and restoration costs; and (iv) other applicable payments, if any. Compensation for all other assets is to be provided in cash at replacement cost without deductions for amortization, salvaged materials and transaction costs.

 

  1. The following core involuntary resettlement principles were adopted for this Project:

 

  1. land acquisition, and other involuntary resettlement impacts will be avoided or minimized by exploring all viable alternatives in the Project design
  2. consultations with APs/DPs on compensation, disclosure of resettlement information to APs/DPs, and participation of APs/DPs in the planning and implementation of rehabilitation measures will be ensured
  3. vulnerable groups will be provided with a special assistance
  4. payment of compensation to affected persons including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets (except for illegally used land) at replacement rates
  5. payment of compensation and resettlement assistance prior to the contractor taking physical possession of the land and prior to the commencement of any construction activities
  6. provision of income restoration and rehabilitation, and
  7. establishment of appropriate grievance redress mechanism.

 

 

Table 22. Comparison of the Provisions under ADB SPS 2009 and National Legislation

 

Item

ADB SPS (2009) and ADB

practice for application

 

Tajikistan

Reconciliation

 

 

 

 

1. Eligibility

APs/DPs with legal rights receive compensation for land and non-land assets/improvements and provided with rehabilitation assistance

APs/DPs with legal /registered land use rights are eligible for compensation \ rehabilitation.

Same in principle and

application.

APs/DPs with legalizable rights are entitled to compensation for land and non-land assets/improvements and provided with rehabilitation assistance.

APs/DPs with legalizable rights receive compensation for the land and non-land assets.

Same in principle and

application

DPs with no legal rights on land that they occupy/use receive compensation for non-land assets/improvements and provided with rehabilitation assistance

Informal land users (without right to use land) are not entitled to any compensation (for land or non-land assets)

Informal land users will be entitled to compensation for non-land assets and improvements and for rehabilitation assistance

2.Livelihood

 

rehabilitation

standards

ADB Policy requires

improvement in the standards for AP livelihood

No such a provision exists in the

national law

DPs whose livelihood are affected will be supported to help restore their livelihood. Poor and vulnerable DPs will be assisted to improve their standards of living to at least the national minimum standards.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.Compensation

A. Loss of land

Replacement land as the preferred option of the compensation for DPs whose livelihood is land-based. If land is not available, cash compensation at full  market cost.

Permanent loss of land.

 

Replacement land but also cash

compensation.

Replacement land will be sought as first option for DPs whose livelihood is land-based.

B. Loss of structures. Cash

compensation for lost

structures at full replacement cost irrespective of the legal status of land and free of depreciation, transaction costs and other deductions.

B. Loss of structures. Cash compensation for lost structures at market cost with depreciation or value of salvaged materials

sometimes included in the calculation.

B. Structures will be compensated at full replacement cost without deduction of depreciation and value of salvaged materials.

C. Loss of the business. Actual losses reimbursement plus business restart costs.

Application based on tax declaration/similar documents for business stoppage period.

Without tax declaration /similar documents, based on maximum non-taxable salary.

 

C. Business Losses.

Compensation in cash at market value for legal businesses but the methodology is not specified. Non-registered businesses are not entitled to compensation.

C. Business losses will be compensated as per ADB policy and procedures.

 

D. Loss of trees. Irrespective

of legal land occupancy status compensation at market cost based for application on tree type/ wood volume for wood trees and based on income lost

(x tree type x market value of 1 year income x years to grow the tree to a full production.

D. Loss of trees. In general, private trees are not compensated although the wood

cut is left to the APs/DPs.

D. Fruit bearing trees will be compensated based on the age category and market value of 1 year of income multiplied by the number of years needed to grow a tree of similar productivity. For wood trees, DPs are allowed to keep the wood.

E. Loss of crops. Cash

compensation at market price for the gross crop value of an expected harvest.

E. Loss of crops. Cash compensation at market price for all incurred land preparation activities and expected gross crop value.

E. Same in principles and application.

F. Loss of jobs.

Indemnity of lost income so as to ensure AP/DP rehabilitation. Specific arrangements to be agreed with borrowers for permanent impacts.

F. Loss of jobs. Severance pay

provided by employer.

F. In case of affected workers, indemnity for lost income to be provided.

4. Procedural

mechanisms

Prior notification. Timely

notice on land acquisition

needed.

 

A. Prior notification. Written notification prior to withdrawal (acquisition) of land.

A. Same in principle and application.

B. Information disclosure.

LAR documents should be

disclosed in a timely manner

and in a language accessible

to local population.

B. Information disclosure LAR decisions to be published in national media in Russian and

Tajik within 5 days from approval.

B. Draft LARP and updated LARP to be disclosed to the AHs as per ADB policy and procedure.

C. Public consultation.

Meaningful public consultations are to be held

with the APs/DPs. APs/DPs should be

informed about their

entitlements and options, as

well as resettlement alternatives.

C. Public consultation. There

are no requirements to inform directly the APs/DPs about their entitlements and resettlement options as such.

C. Consultations with AHs were conducted in the draft LARP preparation. Similar consultations will be done during LARP updating and implementation.

D. GRM should be

established for each project s,

and information on GRM

should be communicated to

APs/DPs.

D. GRM. No project specific GRMs exists. Disagreements are

resolved by through Hukumats’ grievance mechanism or appeal

to court.

D. Two-tier GRM procedure will be established for the project. DPs and other stakeholders to be notified.

5. Prior

acquisition

Property can be acquired

only after full compensation is

paid to the APs/DPs

Property can be acquired

only after full compensation is

paid to the APs/DPs

A. Same in principle and application.

6.

Resettlement

planning,

assessment

and

valuation of

project

impacts

LARP Preparation:

includes compensation

entitlements, income / livelihood

restoration strategy, monitoring

plan, budget and implementation

schedule, based on sound impact /

valuation surveys as detailed below.

LARP Preparation:

No requirements to prepare

LARP or pursue measures to

restore the livelihoods of APs/DPs to

the pre-project level. A series of

activities similar to those

mandated by the SPS are

however required as follows:

A. Draft LARP has been prepared following ADB policy and procedures. It will be updated based on detailed design.

Detailed measurement survey (DMS). Measures

 quantitatively impacts for

each affected property.

DMS. Measures all impacts in quantitative terms.

Same in principle and

application.

Valuation mechanisms

need to be updated.

AP/DP /AP Census (including

review of legal status).

Identifies all APs/DPs and

establishes a list of legitimate

Beneficiaries.

Census: AP/DP /AP Identification.

Identifies all APs/DPs by residence or

locality and establishes a list of

legitimate beneficiaries based on

land title and house ownership

status.

Same in principle and

application.

Valuation mechanisms need to be updated.

Socio-economic survey.

Includes information on AP/DP’s

disaggregated by age, sex,

family size, education,

occupation, income source.

Socio-economic survey. No comparable requirements exist

Socio-economic survey has been carried out following ADB policy and procedures as already applied for previous ADB projects.

Valuation survey

Valuation survey

Different

Land: If land market exist

based on a survey of recent

land transactions. In absence

of land market info, based on

land productivity and income.

a) Land: Mechanisms for land valuation to be defined.

a) Application and

valuation method to be

developed and

mainstreamed.

However, methodology for land valuation has been developed and being applied following ADB policies and procedures as applied already for previous ADB projects.

b) Buildings replacement cost

of materials, labor and

transport and special features

of the building/structure

without discounting for

depreciation, salvaged

materials and transaction

costs.

b) Buildings/structures: Market value  materials, labor and transport and special building

features but discounted for depreciation, salvage materials, and transaction costs.

b) Different in application. Application of the following the provision of replacement cost principle without discounting depreciation and transaction costs as already done for previous ADB projects.

c) Trees/crops. Based on the

set methodology.

c) Trees/crops. Based on the set methodology.

c) Same in principle, but different in application. Already reconciled for previous ADB projects.

M&E: M&E depends on

 the project category, external

for Category A and internal

for Category B projects.

M&E: No M&E requirements in

national legislation

v. M&E: Different in policy but reconciled once LARP is endorsed for ADB projects.

7. Special

assistance to

vulnerable

severely

affected

and

relocating

APs/DPs

A. Vulnerable APs/DPs should be

identified and special

assistance should be

provided to them so as to

help their restoration or,

improvement of pre-project

level of livelihoods

A. Vulnerable APs/DPs: No special

consideration is required for

vulnerable APs/DPs; no distinction is

made between APs/DPs when

deciding on the compensation or

rehabilitation package

A. Vulnerable households will be  (i) provided with additional cash allowance, (ii) enrolled in government assistance program, and (iii) prioritized in project related employment.

B. Resettlement assistance.

APs/DPs to be resettled receive

relocation assistance covering transport and

transitional period livelihood

costs.

Resettlement assistance No special consideration is required for resettled APs/DPs. However, the

package depends on

Government’s decision regarding transitional period allowance.

B. Relocating DPs will be provided with transportation allowance and communal/site preparation for the alternative land plot.

 

 



 

VI.    Compensation Entitlements

 

 

  1. The three important elements of ADB’s involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later.

 

  1. All APs included in the LARP addendum will be provided with same compensation entitlements as stipulated in the Approved LARP, as they are entitled to compensation and resettlement assistance to help the restoration of their livelihoods to pre-Project levels. The combination of compensation measures and resettlement assistance offered to them depends on the nature of the lost assets and the magnitude of the Project’s impact as well as the social and economic vulnerability of the affected persons. All APs are eligible for compensation and rehabilitation assistance, irrespective of their land ownership status. The compensation packages must reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.).

 

 

6.1   Land

 

139.The following types of land impacts are recognized under the Republic of Tajikistan’s laws:

 

140.Agricultural land: Households with agricultural land use right will be rehabilitated through the provision of compensation and equal to following:

 

141.Permanent land holders (individual and cooperative): Cash allowance for loss of land use rights equal to the average net income from crops in the past five (5) years for the project district, obtained from the Statistical Department, or provision of an alternative land plot of equal value/productivity to the revoked plot. If the residual portion of the affected plot is too small to use, the whole plot is compensated or exchanged.

 

142.Leaseholders: Cash allowance for the lost income equivalent to one (1) year of average crop productivity. The owner of the land use right will be compensated for the loss of the right and the loss of income equivalent to the loss of the lease amount for the remaining lease period. 

 

143.Agricultural tenants: These tenants will receive their share of harvest at market rates (if the impact is temporary) plus 1-year additional average crop productivity compensation (if the land is lost permanently).

 

144.Residential/Commercial Land: Households with affected residential/commercial land use rights, will be rehabilitated through the provision of the following compensations.

 

145.Permanent land holders: Cash allowance for the loss of land use rights equal to the current land lease rate/land tax at the time of expropriation, multiplied by 25, the provision of an alternative land plot of equal value/productivity (similar conditions and facilities) to the affected plot. If the residual portion of the plot to be revoked is too small to use, the whole plot is compensated for or exchanged.

 

146.Leaseholders: Cash payment for loss of income for a minimum of three (3) months and up to 12 months, or continuation of rental agreement on an alternative land plot. The owner of the land use right will be compensated for loss of income equivalent to the loss of the lease amount for the remaining lease period.

 

 

6.2   Buildings and Structures

 

147.All APs, whether titled owners or illegal-non-titled owners of buildings and structures, will be compensated in cash at replacement cost (including the cost of materials, labor and transport of materials) free of deductions for depreciation, salvageable materials and transaction costs, irrespective of the registration status of the affected assets. The cost of lost water, waste-water, electricity and gas utilities will be included in the compensation. In addition, the compensation will include the cost of registration/legalization of the new building/structure. Renters of buildings/structures will receive an allowance for the loss of income (based on a tax declaration) caused by the loss of the rented building/structure for no less than three (3) months, or continuation of their rental agreement at an alternative building/structure. If the tax declaration is not available, the compensation will be calculated as per the sum stated in the valid rental agreement.

 

 

6.3   Crops and Trees

 

  1. Crops: Compensation to all APs/DPs irrespective of their legal status in cash equal to one (1) year of average crop production in the project district. This shall apply whether the land is fallow, or cropped.

 

  1. Fruit-bearing trees: Compensation based on an age category and the market value of one (1) year of income times the number of years needed to grow a tree of similar productivity, plus purchase price of seedlings and starting materials. 

 

  1. Wood and decorative trees are not compensated for. The AP/DP will keep wood from the cut tree. The decorative trees will re-planted during the project implementation.

 

  1. Wood and decorative trees are not of special variety and do not represent high valued trees.

 

 

6.4   Businesses

 

  1. Permanently lost business: Compensation equal to up to one-year’s net income (lost profit) plus the cost of lost certificates/licenses/patents. The income calculation shall be based on the official tax declaration, or (if a tax declaration is unavailable) it is accepted as the official monthly average wage multiplied by the number of months needed to restore the business (up to 12, and 6 months under the LARP Addendum No 1).

 

  1. Temporary stoppage of business will be compensated as one-time allowance that equals to average monthly salary of 1,329.90.50 TJS/m, for maximum 3 months, defined as of January 2020 by the GoT.

 

6.5   Relocation, Transition and Severity/Livelihood Rehabilitation Allowances

 

  1. Transportation allowance for the cost of labor and vehicle rent to transport the households/and business belongings to a new location.

 

  1. Communal and site preparation cost for the alternative land plot (including connection to power grid, water supply system, installation of a latrine).

 

  1. APs/DPs who lose more than 10% of their income generating land or assets will receive, in addition to cash compensation, one time allowance equal to three months of the official monthly average wage.  

 

  1. There is no monetary compensation for loss of common, public or any government department assets.  Affected common and public assets will be fully replaced or rehabilitated to maintain their pre-project functions.

 

 

6.6   Vulnerable Groups

 

  1. Tajikistan’s legislation does not make a distinction between vulnerable and other categories of APs/DPs when deciding on compensation for affected assets. Also, there is no special consideration given under Tajikistan’s laws and regulations to vulnerable APs/DPs (the poor, women-headed households or families with many children) during the LAR process. Therefore, in compliance with approved LARP and this Addendum one-time allowance for vulnerable affected families is equivalent to official monthly average wage for 3 months. In addition, enrolment in Government social assistance, if not yet enrolled and priority in project related employment for members of vulnerable households.

 

 

6.7   Entitlement Matrix

 

  1. The table below describes the Entitlements and additional allowances to compensate all type of income and assets loss identified in the context of this specific project.

 

Table 23. Entitlement Matrix

No.

Asset

Displaced Person

Compensation Entitlements

Permanent Loss

 

 

 

1

Agricultural land (all losses irrespective of severity)

Individual land-use rights holders

Cash allowance for loss of land use rights equal to net income in the last 5 years generated from the affected land area, at market rate, at the time of taking; or

Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Collective land-use rights holders

Cash allowance for loss of land use rights equal to net income for the last 5 years generated from the affected land area at market rate at time of revocation; or

Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining part of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Agriculture leaseholders will be compensated for 1 year of lost crops from the affected area.

Renters and leaseholders

Rental allowance in accordance with the conditions of the rent agreement, but not less than the cost of rent for 3 months; or

Continuation of rental agreement on alternative land plot or cash allowance for the lost income equivalent to 1 year of average crop productivity.

Informal (if any)

Provision of opportunity to lease a plot on state land.

Relocation allowances.

 

2

Residential and commercial land

Owners

Cash allowance for loss of land use rights in cash equal to current annual land lease rates at the time of acquisition multiplied by 25; or

Provision of alternative land plot of equal value/productivity (similar conditions and facilities) to plot lost. If the residual portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged, in agreement with the owner.

Renters

Rental allowance in accordance with the conditions of the rental agreement, but no less than the cost of rent for 3 months, or

Continuation of the rental agreement on an alternative land plot.

Informal (if any)

Provision of opportunity to lease a plot on state land.

Relocation allowance if applicable.

 

3

Buildings and structures

Owners of structures including “informal” and encroaching

Cash compensation at replacement rate for affected structure/other fixed assets (without deduction of depreciation, taxes, costs for salvageable materials and other transaction costs). All buildings and structures will be compensated in their entirety; or

According to the owner’s choice, if feasible, a building for building/structure for structure exchange.

Renters

Rental allowance in accordance with the conditions of the rental agreement, but not less than cost of rent for 3 months; or

Continuation of the rental agreement for an alternative building/structure.

4

Crops

All APs/DPs, including “informal” and encroaching

Cash compensation equal to gross income generated on the affected land area for 1 year at market rate at time of revocation. No compensation for land will be paid.

5

Trees

All APs/DPs, including “informal” and encroaching

 

Compensation reflecting income replacement.

Cash compensation for productive trees based on the net market value of 1 year of income multiplied by the number of years needed to grow a tree to a similar level of productivity, plus purchase of saplings and starting materials.

6

Business and

employment

(temporary

and

permanent)

All APs/DPs (including workers of affected Businesses

Owners of shops/commercial establishments:

In case of permanent loss, compensation equal to 1 year’s net income (lost profits) plus cost of lost certificates/licenses/patents.  The income is based on the official tax declaration, or (if tax declaration is unavailable) it is accepted as the official monthly average wage[27] multiplied by 12.

In case of the temporary loss of a business, compensation equal to the net income for the period of disruption (<1 year).  The income is based on the tax declaration, or it is calculated based on the monthly average wage multiplied by the number of months since the operation was disrupted (less than 12 months).

Workers indemnity for lost wages equal to 3 months’ income. For temporary loss of employment, indemnity for lost wages for the duration of impact if less than 3 months. 

7

Relocation

Physically displaced households regardless of type of impact

Transportation allowance (cost of labor and vehicle rent to transport materials of the house/business structures to a new location.

Communal and site preparation cost for the alternative land plot (including connection to power grid, water supply system, installation of latrine etc.).

8

Severely

affected

households

APs/DPs losing more that 10% of agricultural land/income resources, APs/DPs needed to physically relocate due to loss of home or business.

Severity/livelihood rehabilitation allowance in the form of cash compensation equal to the official monthly average wage for 3 months.

9

Vulnerable

households

APs/DPs receiving government assistance for poor, single women-headed HH below poverty line, elderly households, and households with no means of living, households headed by disabled person or other HH members.

Allowance equivalent to official monthly average wage for 3 months;

Enrolment in Government social assistance, if not yet enrolled;

Priority in project-related employment for members of vulnerable households (if at legal working age).

10

Public /

Common

assets

 

Rehabilitation/substitution in kind or in cash at replacement cost of affected items and rehabilitation of their functions. Alternative service supplied, if cut off temporarily.

Temporary Loss

11

Temporary impacts

All relevant APs/DPs

For unforeseen and temporary impacts other than stated above, ADB SPS (2009) general principles and objectives will be used as the minimum benchmarks, and appropriate impact mitigation measures will be sought to meet them.

The payment for rented land during the construction, will be based on the market price under negotiated agreement. After discontinuation of land use, the land must be restored to the original status, or as per the agreement with the land rights holder.

Unanticipated impacts

12

Other

unanticipated

assets loss or

impact on

livelihood

All APs/DPs residing in the project corridor before the cut-off date.

Compensated as per the Project-specific Entitlement Matrix.

 


  1.  

VII.   Institutional Arrangement

 

  1. The planning, preparation and implementation of the LARP involves distinct processes and different parties. This chapter details the core agencies and organizations involved, as well as their roles and responsibilities during the land acquisition and resettlement activities. Various State Agencies and Institutions are responsible for different functions in the LAR processing and implementation. The Land Code stipulates that the decision for LAR for state and public needs is made by the local state authority (district authority) or, for major infrastructure projects, the decision on LAR may be approved by the Government. More specifically, the Prime Minister Office, which is inter alia in charge of construction/infrastructure projects, endorses LAR related decisions, including compensation packages.

 

  1. The core agencies and organizations involved in the LAR process are: ADB, Ministry of Transport, Project Implementation Unit for Road Rehabilitation (PIURR), Ministry of Finance, Ministry of Agriculture, State Committee for Land management and Geodesy (SCLMG), State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’, District Authorities, Local Executive Government Districts (Hukumats), Jamoats, City and Town Local State Executive Authorities, LAR Committee, and other state agencies.

 

Asian Development Bank (ADB)

 

  1. The ADB is the funding agency of the Project. In addition to funding, ADB regularly reviews the Project and LARP implementation as well as provide clearance for contract awards to initiate civil works on the road Project.

 

The Ministry of Transport (MoT) is the Executing Agency.

 

  1. The MoT has the overall responsibility for the Project in areas such as preparation, implementation and financing of all LAR tasks, cross agency coordination, management, monitoring and evaluation of all project implementation aspects, including procurement of goods, services, and works on the projects.

 

The Project Implementation Unit for Road Rehabilitation (PIURR)

 

  1. The MoT has the Project Implementation Unit for Road Rehabilitation (PIURR) which is the Implementing Agency. The PIURR will, during the duration of the Project, ensure the operation of the project implementation unit and adequate resources and skilled personnel. The PIURR employs staff with extensive experience in managing ADB Projects including a full time designated safeguards specialist who, with assistance from other designated officials as necessary, will be managing the implementation of the LARP, including co-ordination of the work of all involved agencies.

 

  1. The PIURR Social Safeguard Specialist is responsible directly to the PIURR Director. The PIURR Social Safeguards Specialist is responsible for: cross-agency coordination and cooperation, liaison between the resettlement specialists of the Supervision Consultant, other relevant organizations, agencies and government authorities and ADB with respect to LAR tasks, verification of the list of APs/DPs based on the final design; maintaining regular coordination and communication with relevant state agencies; following up and providing support during notification of APs/DPs on upcoming land/property acquisition; providing support during verification of the AP/DP census and socio-economic survey data, and valuation of the land and other assets to be acquired; preparing documents for negotiation of compensation with the APs/DPs; preparing documents for formalizing agreements with APs/DPs, processing of compensation payments, following up with registration of land/property titles; conducing regular consultations and exchange of information with APs/DPs on the implementation of the LARP; disclosing the LARP and the information brochures; reviewing and issuing the LARP to ADB for review; planning and managing LARP implementation and the distribution of compensation; following up with expropriation if such case occurs; assisting in receiving, recording, resolving and reporting of grievances related to land/property acquisition process and other issues related to the Project and coordinate with the local authorities; ensuring proper internal monitoring; monitoring/supervising the temporary land acquisition carried out by contractor(s) engaged for the project; preparing regular reports on the progress of LARP related activities.

 

The Ministry of Finance

 

  1. The Ministry of Finance (MoF) has the overall financial responsibility for the Project. The LARP budget and compensation payments will be endorsed by the Ministry of Finance. The MoF is responsible for allocating the compensation budget for government projects. It basically performs well when and if the compensation budget is considered and included during the annual budgeting process.

 

  1. The Ministry of Finance acts based on requests coming from an EA and transfers funds to the EA for compensation based on the supporting documents, i.e. endorsed LAR related documents. However, EAs/projects usually face problems getting funds allocated for LAR mid-year because the budget does not have any assigned funding for LAR even if the project is included in strategic documents.

 

Ministry of Agriculture

 

  1. The Ministry of Agriculture has the responsibility, together with the local authorities, to provide the data on cropping patterns in the Project area, productivity of lands and other data relevant for calculation of compensation for loss of right to use land, fruit trees yield and other affected crops.

 

State Committee for Land management and Geodesy (SCLMG)

 

  1. During the impact assessment, when land user data is concerned, land specialists from SCLMG subdivisions at district and Jamoat levels provide information on ownership/use rights and propose the replacement land plot for APs/DPs. The central office of the CLMG, through its subdivisions deals with the transfer of land use rights from land users to the EAs.

 

  1. Based on the National Law on State Registration of Immovable Property and Rights to it a Unified Registration System (URS) was created under SCLMG, which combines functions of several institutions such as Regional and Rayon offices of Bureau of Technical Inventory (BTI), the Ministry for Justice and some of the functions of local government offices into a more efficient and streamlined registration authority. There are 34 URS offices operating at district and city level in the country.

 

  1. During the LARP preparation and implementation phases, the agency will provide the following services: (i) together with the DMS and valuation teams visit each affected property, provide information on the right to use land and verify the documents on ownership use rights; (ii) participate in the technical inventory of the immovable property and assist in preparation of the ownership certificates for the remaining immovable assets; (iii) enable objective valuation of affected immovable assets by providing information necessary for the valuation.

 

State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’

 

  1. All agencies involved in the appraisal process should be licensed to perform such services. Of all the pricing and valuation entities functioning in the country, both independent and state-owned, the State Unitary Enterprise (SUE) “Narkhguzori” (pricing) under the State Committee on Investment and State Property Management is the only licensed institution performing valuation services for huge infrastructure development projects. During the LARP preparation, the valuators of the SUE ‘Narkhguzori’ will evaluate: (i) all state-owned assets; (ii) project affected residential, commercial or industrial buildings (and the functional land plot associated with the structures).

 

 

District Authorities

 

Hukumat

 

  1. The district (Hukumat) is the local administrative body, established in all cities and rayons. The planning and implementation of any LAR activities related to land and assets is done through districts’ authorities (Hukumats). This local administration has a direct link with the people through sub-districts known as ‘Jamoats’ and heads of communities (Raisi Mahala). The impact assessment is verified/signed and stamped by relevant district level specialists (chief architect, head of agriculture department, head of land management committee, etc.) Based on the list of APs/DPs, the district level authorities prepare a request letter for compensation payment and send it to the EA for further action.

 

  1. In relation to land and immovable property administration, the Hukumat assists the concerned departments in resolving issues such as allocation of land use rights, and decisions on acquisition of land use rights and allocation of alternate sites for resettlement.

 

Jamoat

 

  1. The Jamoat is the sub-district level local authority and is instrumental during impact assessment as it identifies/ verifies land users and their type and ownership/use status. The Jamoat also re-confirms the names of APs/DPs. While district level authorities officially endorse the list of APs/DPs, the Jamoat level authorities are the front-line force working with the surveyors to identify the impact. They also have a vital role in overseeing the clearance of the Project corridor after the APs/DPs receive the compensation. In addition, Jamoat in in charge of registration of titles to land use and land-lease agreements; keeping of household registers; and control over land protection and issuance of land use rights.

 

City and Town Local State Executive Authorities

 

  1. These are the bodies of local government in the cities and towns. Their functions in relation to LAR are basically the same as those of district authorities and depending on the scope of the project entailing LAR, the relevant critical decisions may be taken either at the city/town level or by the national Government.

 

 

LAR Committee and Other State Agencies

 

177. The main role of the LAR Committee is identification of impact and valuation of lost assets. The LAR Committee is comprised of representatives from the PIURR, District Commission for Land Acquisition, State Architecture, State Committee on Investment and State Property Management, State Unitary Enterprise for Housing and Communal Services, relevant local governments such as Jamoats and Hukumats, representatives of Dehkan farms, environmental department, PPTA safeguards team and others.

 

  1. The LAR Committee seeks to ensure due diligence in the implementation of the Detailed Measurement Survey (DMS), census of the displaced persons and valuation of acquired assets. The LAR Group ensures that the DMS and valuation results are technically comprehensive and comply with ADB social safeguard requirements as well as the relevant norms of the Republic of Tajikistan.

 

Construction Supervision Consultants

 

  1. The Construction Supervision Consultants (CDS) will assist PIURR to: Prepare and supervise the consultations, disclosure of information and documents, detailed measurement survey, census and socio-economic survey related to the finalization of the LARP; Coordinate with the licensed valuator in the conduct of official valuation of affected assets to ensure that these are conducted following the replacement cost principles of the ADB SPS (2009); Ensure complete relocation or reconstruction of affected structures/businesses before civil works commencement and payment of appropriate compensation before displacing the APs/DPs; Monitor RP implementation process, provide data and support to PIURR during preparation of quarterly monitoring reports on LARP implementation and monitoring activities; Inform the PIURR on the issues and bottlenecks that arise during LARP implementation and monitoring, and provide recommendations and suggestions on solution of such issues; Control the activities of Contractor(s) and Subcontractor(s), including implementation of mitigation measures, temporary land acquisition, etc.; Provide advice to PIURR on LAR issues and grievance redress; Study, communicate to PIURR and implement immediate intermediation in case of any non-compliance with the LARP.

 

  1. The institutional arrangement for the implementation of the LARP is presented in the figure 1.

 

 



 

Figure 1: Institutional Arrangement

 

MoT/Government of

Tajikistan

Asian

Development

Bank

State Committee for

Land Management

and Geodesy

 

Displaced Persons

Working Group

 

State Committee for Investment

 

PIU field level staff and

the PIU Resettlement

Specialist

Ad hoc Commission

for Land Acquisition

Ministry of Finance

Local Executive

State Power in

District

(Hukumats)

Independent Monitor

(when required)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VIII.  INFORMATION DISCLOSURE, CONSULTATIONS AND PARTICIPATION

 

 

8.1   General

 

  1. According to ADB SPS (2009), the APs/DPs must be meaningfully consulted and provided with opportunities to participate in the planning and implementation of LAR. Under the same principles, the APs/DPs have to be informed in an appropriate and timely manner of the planning process outcomes, as well as the schedules and procedures for the preparation and implementation of the LARP, including entitlements, payment procedure and relocation.

 

  1. The laws and policies of Tajikistan which apply to information disclosure to local population and apply to provision of information for communities within the project influence area.  These legal documents are:

 

  1. Constitution of Tajikistan
  2. Civil Code
  3. Land Code

 

  1. These legal documents cover the major requirements considered under ADB Involuntary resettlement Policy foreseen in ADB SPSP 2009. However, apart formal notification requirements set in the Land Code, there is no requirement for the government to discuss project designs or possible LAR options with the APs/DPs. Nevertheless, the local government authorities (Hukumats and Jamoats) disseminate to the local population all information issued in the form of a decree and other decisions related to the project. In addition, the PIURR takes the lead in the coordination of information disclosure at the local levels and conducts consultations with the local population as per the ADB SPS 2009 requirements.

 

8.2   Consultations and Information Disclosure

 

  1. All six project affected households as well as management of D/F ASADULO and the owner of project affected commercial land parcel have been individually consulted and provided with full information on design changes and impacts to their land and assets. During DMS, census, SES, inventory of affected assets all APs were present and participated in the survey process. This face-to-face interaction is rather efficient source for sharing the information with APs and answer their question, which mainly refer to tentative time for land acquisition and issuance of cash compensations, start of road works in vicinity of their location an possible job opportunities.

 

  1. Overall the population is well aware of this road project. Many of them previously participated in consultations and received the Project brochure. Social Safeguards Specialists of the Engineer, the of PIURR and representatives of local government regularly meet with local population and update them on project activities, implementation schedules, GRM benefits and all other project related issues.

 

  1. Draft LARP addendum No. 1 will be publicly disclosed by April 30, 2020.


 

IX.    Grievance Redress Mechanism

 

9.1   General

 

  1. All grievances related to the Project have been addressed with the participation of the PIURR, Construction Supervision Consultant and Contractor’s representatives. In more complex cases, representatives of other authorized institutions are to be invited. The GRM covers issues related to social, environmental and other safeguard issues under the ADB SPS 2009 and applicable laws of Tajikistan.

 

  1. The PIURR members of the Arcs include:

 

           i.        Chief Engineer

          ii.        Social safeguard specialist

         iii.        Environmental safeguard specialist

        iv.        MOT lawyer other specialists as necessary

 

  1. The Grievance Redress Committees were established, by the requirement of MoT letter No. 516, issued on 20 May 2016, to function for the entire project implementation cycle.

 

  1. There are five (5) Grievance Redress Committees at the Jamoat level - one (1) in each Project Jamoat. A Focal Person (FP) is appointed at each Project Jamoat and at the PIURR. The PIURR FPs participated in all consultations with communities and shared their contact details with participants for questions related to the Project and in the event of grievances for the entire duration of the Project, including the preparation and implementation of the LARP.

 

  1. The Arcs will function for the duration of the project implementation. The PIURR and the PPTA Consultant will conducted training for members of three GRC at the Hukumat level.

 

9.2 Grievance Resolution Process

 

  1. Grievances can be lodged with the Focal Person at the jamoat’s GRC. The jamoat’s FP, in consultations with the PIURR safeguard specialist, will screen the grievance for eligibility. If eligible, the jamoat’s FP will organize a meeting of the Grievance Redress Committee (GRC). The PIURR representatives will be informed and invited to the meeting.
  2. The complaint registered with the GRM should be reviewed, addressed and a decision made on its relevancy to the Project within 14 calendar days of lodgment. If the case is complex or requires more detailed investigation (e.g. inspection by technical experts or legal opinion from the state or certified private entities) the complaint review period may be extended to 30 calendar days or more, if necessary. In such cases, written notification should be sent to the complainant explaining the reasons for extension, describing the process and indicating the expected dates for the delivery of the results of the revision.
  3. All supporting documents such as, photographs, related certificates and legal and technical expert opinions, if required, should be prepared, reviewed and assessed. Once the complaint is resolved, the GRC will organize a complaint closure meeting, where the complainant confirms the closure of the complaint. The PIURR representative will oversee the resolution of the complaint.  
  4. All efforts will be made to settle issues at the Project level. All complaints and resolutions will be properly documented by the PIURR and made available for review, monitoring and evaluation purposes. A PIU safeguard specialist keeps in regular contact with the FP of the GRCs and will have a database for the whole Project’s grievances cases, including the status of grievances. This report will be regularly included in monthly project progress reports.
  5. Regardless of the set grievance mechanism and procedures, DPs will have the right to submit their cases to a court of law at any point in time of the grievance redress process. All efforts will be made to settle the issues at the Project level through community consultation with affected person. If not possible, attempts will be made to resolve the issues at the PIURR level to avoid/minimize litigation as much as possible. All complaints and resolutions will be properly documented by the PIURR and made available for review, monitoring and evaluation purposes.

197. If APs want to register a complaint with the ADB, the Focal Person will inform the complainants that they can refer their complaints through the ADB Tajikistan Resident Mission for proper coordination with the responsible project officer and relevant staff. Alternatively, the complainants may access the ADB Accountability Mechanism through its Complaint Receiving Officer (CRO) which will then forward it to either the Office of the Special Project Facilitator (OSPF) for facilitation of complaint resolution, or to the Office of the Compliance Review (OCRP) in case of allegation of ADB’s violation to its operational policies and procedures. The Focal Person will  provide the complainants the following contact information:

 

Resident Mission of Asian Development Bank in Republic of Tajikistan

45 Sovetskaya Street, Dushanbe, Tajikistan

Tel: 992 372 210558/271895/271897

 

Complaint Receiving Officer (CRO), Accountability Mechanism

Asian Development Bank

ADB Headquarters, 6 ADB Avenue, Mandaluyong City 1550, Metro Manila, Philippines

Tel. +63 2 4444 loc. 70309, Fax + 63 2 636 2086, E-mail: amcro@adb.org

 

 

Figure 2: Grievance Resolution Process

Complex cases (additional 14 days for resolution)

Grievance addressed

Complaint settled

 

 

 

 

Jamoat GRC resolution (14 days)

 

 

 

 

 

 

 

Grievance addressed

 

 

 

FP registered the complaint

 

Court of Law

 

ADB AM

 

 

 

 

 

Complainant

 

 

District Level Grievance Redress Committee Members

 

Position

Name

Telephone number

Rudaki and Khuroson districts

Deputy Chairman of the district

Zaripov Ragabmahmad

    919 52 52 26

Deputy Chairman Land Committee Khuroson

Muhsidinov Abdukodir

    906 11 88 06

Deputy Chairman of the District for Construction

 

 

Architecture Department

 

 

Land surveyor

 

 

Five Chairmen of Jamoats

 

 

Chairman of villages (Raisi Mahala)

 

 

Representative of the MoT /Resettlement specialist of PIURR

Temurzoda Sherali

900 53 44 44

Safety Specialist of PIU RR

Yrmatov Safarmad

902 09 06 09

Representative of Consultant/ Contractor

By designation

 

Assets valuator when required

 

 

Woman's Affairs Division representative

 

 

Representative of the APs/DPs

 

     900 01 84 02

Representative of the APs/DPs

 

     902 52 52 25

 

Representatives of the PIURR Safeguards Unit

 

Rahmonzoda Inoyatullo

 

Chief engineer,

Projects Implementation Unit for Roads Rehabilitation

14 Ayni Street, 4th Floor, Dushanbe. Tajikistan

Tel: +992 222 20 273

+992 90 111 31 13

Email: rahmonzoda@piu.tj

Ahmadbekova Guldavlat

 

Safeguard specialist,

Projects Implementation Unit

for Roads Rehabilitation

14 Ayni Street, 4th Floor, Dushanbe. Tajikistan

Tel: +992 93 583 99 83

Email: guli_04@list.ru

National Social and Environmental Safeguards

Focal Points

Resident Mission of Asian Development Bank in Republic of Tajikistan

45 Sovetskaya Street, Dushanbe. Tajikistan

Tel: 992 372 21 05 58

 

Representatives of the PIURR Safeguards Unit

 

Technical Experts

  1. When requested by the PIURR to provide technical expertise for the assessment of an impact claimed by the complainant, the relevant expert will:

           i.        examine the case, perform relevant tests or an investigation

          ii.        prepare a short report based on the results of the examination completed

         iii.        recommend if further or additional legal opinion or expertise is needed to make a judgment on the substance of the case.

 

 

 

 

GRC Complaint Register, Records and Documentation

 

199. The PIURR of the MoT will maintain the complaint register. This will include a record of all complaints for regular monitoring of grievances and results of services performed by the Arcs for periodic review by the ADB.

 

X.      RESETTLEMENT PLAN Addendum Budget

 

10.1  General

 

National and International Social Safeguards Specialists of KOCKS in coordination with the PIURR carried out detailed inventory of all project affected assets and land subject to cash compensation. Inventory data were provided to the State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’ to determine compensation amounts (unit rates) per each type of affected asset (structure, perennials) to address income loss compensation in accordance to the country legislation and ADB SPS 2009.

 

200. The total implementation cost of the LARP Addendum No 1 including compensation, rehabilitation allowances as well as administrative costs for LARP implementation and contingency amounts to 1,657,068.24 TJS, which is equivalent to $ 171,545.58 USD (as per the exchange rate 1 $ - 9.6800 TJS) on March 3, 2020, National Bank of the Republic of Tajikistan).

 

 

10.2  Land Compensation

 

201. During determination of land compensation unit rates the Consultant used the land compensation unit rates of the original LARP approved[28] in February 2018 and updated according to the official exchange rate[29] announced by the National Bank of Republic of Tajikistan as of March 3, 2020. This approach allowed to stay in tune with the methodology[30] of the approved LARP and at the same time keep the unit rates fair and reasonable to cover income and assets loss of AHs eligible to cash compensation under this LARP Addendum No 1.

 

Table 24. Land Compensation Unit Rates updated according to original LARP

No

Land Category

As per original LARP

(TJS/sq.m.)

Converted to USD  at exchange rate of approved LARP

(1 USD – 8.8277  TJS)

Updated for LARP Addendum No 1

at exchange rate

1 $ - 9.6800 TJS

Unit rate

for

LARP Addendum

No 1

(TJS/sq.m.)

1

Residential

22.07

2.5001

24.20

24.20

2

Commercial

22.07

2.5001

24.20

24.20

3

Agricultural

10.43

1.1815

11.44

11.44

4

pasture land

6.40

0.7250

7.02

7.02

 

202. Table below details land compensation costs for project affected land parcels covered by LARP Addendum No 1. The amounts compensation are given in TJS and in USD according to the official exchange rate at $ 1- 9.6800 TJS announced  by the National Bank of the Republic of Tajikistan on March 3, 2020.

 

203. The amount calculated for Dehkan Farm Asadulo land that will not be paid but will be deducted from surplus payment made during LARP implementation is deducted and under the Final Total of the table is given the total amount required for land acquisition under the LARP Addendum No 1.

 

Table 25. Land Compensation cost

 

No

Land Category

No of plots

Affected area (sq.m.)

Unit rate (JTS/sq.m.)

Amount

in TJS

Amount

in USD

1

Residential

5

948.5

24.20

22,953.70

2371.25

2

Commercial

5

1,225.50

24.20

29,657.10

3063.75

3

Agricultural

4

10,973.50

11.44

125,536.84

12968.68

4

Dehkan Farm

1

13,032.60

11.44

149,092.94

15402.16

5

Pasture land

1

9,000.00

7.02

63,180.00

6526.86

 

Total

16

35,180.10

 

390,420.58

40,332.70

 

FINAL TOTAL

 

 

 

241,327.64

24,930.54

 

 

10.3   Valuation of Project affected Fruit Trees

 

204. Compensation amount for project affected fruit bearing perennials subject to cash compensation at replacement value at current market prices was determined by State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’ ; more specifically, the detailed table of inventory records was through PIU provided to the State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’. The SUE determined compensation amounts per each project affected asset that includes mature and saplings of fruit trees, as well as residential house, supplementary structures, fences, walls and other developments. This approach is applied to address income loss compensation in accordance to the country legislation and ADB SPS 2009.

 

Unit rates varied according to approximate age determining average productivity of a project affected fruit tree.

 

Table 26. Cost for compensation fruit trees

Fruit tree species

 saplings, semi-productive

 TJS

 Mature tree 

 TJS

 Total No 

 Total TJS

 Total USD

Apricot

5

50

67

20,070

72

20,120

2,078.51

Quince

3

30

33

4,620

36

4,650

480.37

 Grapes

-

-

1

180

1

180

18.60

 Cherry

-

-

2

490

2

490

50.62

 Sour cherry

47

255

117

7,812

164

8,067

833.38

 Pomegranate

1

9

3

618

4

627

64.77

 Pear

1

10

3

270

4

280

28.93

 Fig

1

10

-

-

1

10

1.03

 Almond

59

7,080

4

480

63

7,560

780.99

 Walnut

1

10

4

1,640

5

1,650

170.45

 Peach

32

1,820

23

2,630

55

4,450

459.71

 Plum

583

16,040

11

2,304

594

18,344

1,895.00

 Mulberry

4

40

140

20,416

144

20,436

20,111.16

 Apple

5

50

26

3,369

31

3,419

353.20

 Pistachio

-

-

2

900

2

900

92.98

 Wild cherry

-

-

1

48

1

48

4.96

 Oleaster 

2

18

98

7,710

100

7,728

798.35

 Persimmon

-

-

3

975

3

975

100.72

 Hawthorn

-

-

1

60

1

60

6.20

 Total

744

25,422

539

74,591.90

1,283

100,014

10,332

Asadulo compensation

(to be deducted)

N/A

5,100

N/A

20,820

N/A

25,900

 

2675.62

 

TOTAL FINAL

 

744

20,322

539

53,771.90

1,283

74,114.00

7,656.41

 

 

  1. 205.  However, the amount of cash compensation for fruit trees of Dehkan Farm Asadulo is deducted due to earlier surplus payment as described above and the Final Total of the table is given the total amount required for perennials compensation under the LARP Addendum No 1.

 

206. The valuation report prepared by the State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’ is attached as Annex 3 to this report.

 

 

10.4   Compensation for annual crops

 

207. Compensation amount for project affected annual crops subject to cash compensation at replacement value at current market prices was determined based on the official statement provided by the local government, stating the average productivity and market price of Barley and determine compensation amount for two APs growing Barley on project affected agricultural land parcels. This approach fully complies with the country legislation and ADB SPS 2009.

 

Table 27. Cost for compensation annual crops

 

No

Land Category

Affected area (sq.m.)

Unit rate (JTS/sq.m.)

Amount in TJS

Amount in USD (1 $ - 9.6800 TJS)

1

Barley

1,201

0.55

660.55

68.24

 

208. Average yield capacity is 0.55 kg of Barley per square meter.  Compensation unit rate is based on the official document provided by the Hukumat[31].  The same information was confirmed by local residents and APs growing Barley.

 

10.5   Compensation for project affected structures

 

209. Compensation amount for all project affected structures, including supplementary structures attached to residential land parcels, as well as the buildings of operating grocery shop, car repair workshop, and other structures and improvements subject to cash compensation at replacement value at current market prices was determined by the State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’. Each item was evaluated individually and the official report attached with item-specific table was presented to the PIU. The LAR budget was updated based on this valuation report.

 

210. The tables 28 and 29 separately describe project affected structures and improvements of residential and commercial designation.

 

Table 28. Compensation for supplementary structures and improvements attached to residential land parcels 

 

Description of affected structure

No of Units

Unit measure

Unit size

Compensation

 TJS

Compensation

USD

Supplementary structures

3

Sq.m.

65.34

36,391.00

3,759.40

Solid concrete  walls

3

Sq.m.

17.85

6,225.00

643.08

Canopy type roofing

3

Sq.m.

65.56

41,297.00

4,266.22

Concrete covered area

1

Sq.m.

9.09

364.00

37.60

Concrete foundation

2

Sq.m.

2.02

1,299.00

134.19

Metal Gate

1

Sq.m.

13.1

500.00

51.65

Water storage underground reservoir

1

Sq.m.

9.69

6,153.00

635.64

Iron meshed fence

1

Ln.m

30.40

365.00

37.71

Total

15

 

 

92,594.00

9,565.50

 

 

 

 

 

 

Table 29. Compensation for supplementary structures, improvements attached to commercial land parcels 

 

Description of affected structure

No of plots

Unit measure

Unit size

TJS

USD

 

Shop

1

Sq.m.

34.73

84,220.00

8700.41

Supplementary structures

2

Sq.m.

37.73

80,815

8348.66

Car repair workshop

1

Sq.m.

207.89

307,873.00

31805.06

Solid concrete  walls

1

Sq.m.

0.86

215.00

22.21

Canopy type roofing

2

Sq.m.

79.33

13,757.00

1421.18

Reinforced slate

3

Sq.m.

17.64

11,795.00

1218.49

Billboards

2

Number

4

4,500.00

464.88

Concrete covered area

5

Sq.m.

1,231.19

106,509

11003.00

Concrete foundation

8

Sq.m.

90.43

57,454.00

5935.33

Smoke pipe

1

Sq.m.

18.00

720.00

74.38

Side walk  constructed by

1

Sq.m.

36.40

1,201.00

124.07

Tandur

1

Sq.m.

3.40

243.00

25.10

Iron meshed fence

1

Ln. m

26.10

918

94.83

Asbestos made pipe

1

Ln. m.

20.5

3,075.00

317.67

Total

29

 

 

673,295.00

69,555.27

 

211. The table below summarize compensation for structures and improvements attached to residential and commercial land parcels.

 

Table 30. Cumulative info on project affected structures

 

Designation of affected structures

No of Units

Parcels

AHs

Compensation

 TJS

Compensation

USD

Supplementary Residential

15

6

6

92,594.00

9,565.50

Supplementary Commercial

29

9

9

673,295.00

69,555.27

Total

44

15

15

765,889.00

79,120.77

 

 

 

 

 

10.6   Compensation for stoppage of Business

 

212. During preparation of this LARP Addendum No 1, the field surveys identified two types of stoppage of business: temporary and permanent. Two (2) APs facing permanent stoppage, stated that they considered 6 months sufficient time to build a new commercial facilities and restart commercial activities.

 

213. Compensations unit rates for business stoppage applicable to this LARP Addendum No1 are shown in table below:

 

Table 31. Business stoppage compensation unit rates

 

#

Description of Compensation Item

Calculation

Compensation Unit rate (TJS)

1$-9.6800 TJS

1

Permanent stoppage of Business

Average monthly salary (1,329.90 TJS X 6  months)

7,979.40

824.32

2

Temporary  stoppage of Business

Average monthly salary (1,329.90 TJS X 3 months)

3,989.70

404.63

 

 

214. APs recorded as individual traders, tenants, renters who lease commercial facilities to carry out trading with consumer goods of agricultural produce, or provide services in car repair workshops are also included in the category of temporary stoppage of business and are eligible to receive cash compensation in the amount of 3 months average monthly salary (1,329.90 X 3 months, equals 3,989.70 TJS per AH facing loss of income due to stoppage of business operations.  

 

 

Table 32. Compensation for project affected businesses

 

#

Type of Impact on business

No. APs

Type of stoppage

No of months  /Duration of stoppage

Unit rate

Amount (TJS)

Amount  (USD)

1

APs with non-operating business facilities

3

N/A

0 month

0.00

0.00

0.00

2

AP owner of car repair shop (300 TJS/month officially confirmed income)

1

Permanent

6 months

300.00

  1,800.00

185.95

3

APs renting car repair shop

4

Temporary

3 months

3,989.70

15,958.80

1648.64

4

AP owner of Grocery shop

1

Permanent

6 months

3,989.70

7979.40

824.32

5

Grocery shop informal renter

1

Temporary

3 months

1,329.90

  3,989.70

412.16

6

AP owner of Bakery (Sambusa & Tandoor)

1

Temporary

3 months

1,820.00

  5,460.00

564.05

7

APs hired at Bakery (salary loss)

2

Temporary

3 months

400.00

  2,400.00

247.93

8

Traders eligible to temporary loss of business under GRC decision

5

Temporary

3 months

3,989.70

19,948.50

2,060.80

9

Owners /possessors not experiencing any stoppage of business

8

Temporary

3 months

0.00

0.00

0.00

 

Total

26

 

 

 

57,536.40

5, 943.85

 

 

10.7   Relocation and Livelihood Restoration Strategy

 

215. As described in the document none of the affected households will experience physical resettlement, due to the impact to residential house. Therefore, no rental allowances are considered for any AH.

 

  1. 216.  However, two (2) operating business owners will receive onetime allowances to cover transportations costs and rental amount for manage to store their equipment and supplies for 3 months’ time period.

 

217. The Consultant used the approved LARP and the information obtained during DMS, census, SES and face-to-face consultation with AHs and determined relocation compensation as one-time payment of 1,000 TJS/AH and rental fee allowance at 2,903.73 TJS.

 

Table 33. Cost for relocation and Livelihood Restoration for affected businesses

Impact category

No of AHs

Unit rate (JTS/AH)

Amount in TSJ

Amount in USD

Transportation Allowance

2

1,000.00

2,000.00

206.61

Rental allowance to storage equipment and supplies (3 months)

3

2,906.73

5,808.00

600.00

Total

2*

 

7,808.00

806.61

 

*Two business owners without double counting.

 

 

10.8   Rehabilitation allowances

 

218. The amount of one-time allowances, allocated in addition for the severely affected and vulnerable APs, are defined based on the principles of the approved LARP, country legislation, ADB SPS 2009, and the good practice examples.

  1. Methodology to determine amount on one-time allowance for severe impact and vulnerability is the same as described in the original LARP, average monthly salary multiplied to 3 months. However, the average monthly salary (1,329.90 TJS/month) was renewed based on the information retrieved from the official website of the Agency of Statistics under President of the republic of Tajikistan[32]. In January 2020 average monthly salary was defined 1,329.90 TJS/month.  Therefore, as per approved LARP stipulations, average monthly salary multiplied to 3 months equals 3,989.70 TJS per eligible AH.

 

220. The table below describes calculated unit rates for rehabilitation allowances defined under this document to cover severe impact and vulnerability of eligible AHs.

 

 

Table 34. Unit rates for rehabilitation allowances for Severe Impact and Vulnerability

#

Description

Calculation

Compensation Unit rate (TJS)

1

Severe Impact

Average monthly salary (1,329.90 TJS X 3 months)

3,989.70

2

Vulnerability

Average monthly salary (1,329.90 TJS X 3 months)

3,989.70

 

 

 

Table 35. Cost for compensation for Severe Impact

 

No

Description

No of AHs

Unit rate (JTS/AH)

Amount in TSJ

Amount in USD

1

Severe Impact

7

3,989.70

27,927.90

2,885.11

 

Table 36. Cost for compensation for Vulnerability

 

No

Description

No of AHs

Unit rate (JTS/AH)

Amount in TSJ

Amount in USD

1

Vulnerable

14

3,989.70

55,855.80

5770.23

 

 

10.9   Cost for Renewal Land Use Rights and Property Ownership of Certificates

 

221. The LARP Addendum No 1 in compliance with approved original LARP and acc1501 dated 02.08.2019 issued by the State Enterprise for registration of Immovable Property in Khuroson district defines the unit rates for registration allowances to allow project effected persons cover the land sue certificate and technical passport update costs.

 

222. Table 37 below lists the applicable official fees varying according to the size of asset, as well as per types of project affected land and the requested document. However, the fee may change based on the actual type, size and practical designation of the asset. Therefore, in given case the higher fees were selected as compensation unit rates to ensure that APs are capable to fully cover the documents registration costs even if they manage to get slightly larger plot of land or assets.

 

Table 37. Official fees per types of project affected land and the requested document

 

Description of asset

 

Size of plots (hectares)

Type of document

Official fee TJS

Residential

from 0.01 – to 0.08

Land use certificate update

 

610.00

 

from 0.10 – to 0.15

 

963

 

 

Technical passport

900 – 1,400

 

Commercial structure 

0.01 – 0.05

 

Land use certificate update

900 -1,400

0.01 – 0.05

 

Technical passport

800 -1,400

 

Dehkan Farm

 1.0-5.0

Land use certificate update

963

 

  1. In total 15 APs will be issued cash compensation to cover official fees required to update land use right certificates. Among these fifteen, eight (APs) will in addition receive allowance to cover official for technical passport update. The information on the amount of official fees was provided by relevant local government agency. Calculation for registration allowances to update land use certificate and technical passport are given below in separate tables.

 

 

Table 38. Compensation for update land use right certificates

No

Description

No of parcels /AHs

Official Fee (TJS)

Amount in TSJ

Amount in USD

1

Update of residential land use certificate

4

963.00

3,852.00

397.93

2

Update of agricultural land use certificate

4

963.00

3,852.00

397.93

3

Update (grazing) pasture land use right certificate

1

963.00

963.00

99.48

4

Update Dehkan Farm land use certificate

1

963.00

963.00

99.48

5

Update of commercial land use certificate

1

963.00

963.00

99.48

6

Update of commercial land use certificate comemrcila

4

851.36

3,405.44

351.80

 

Total

15 

 

13,998.44

1,446.12

 

FINAL TOTAL

 

 

13,035.44

1,346.64

 

  1. 224.  The official fee for renewal land use certificate previously paid to Dehkan Farm Asadulo for the land that never got affected is now deducted to avoid double payment. The FINAL TOTAL shows the amount required under the LARP Addendum No 1 budget to cover all land use certificate update fees.

 

 

Table 39. Compensation for obtainment Technical Passport

No

Description

No of parcels /AHs

Official Fee (TJS)

Amount in TSJ

Amount in USD

1

Technical passport on residential Supplementary structures a

3

1,400.00

4,200.00

425.96

2

Technical passport on commercial  structures

5

1,400.00

7,000.00

709.94

 

Total

8

 

11,200.00

1,157.03

 

 

10.10   Budget summary

 

225. Presented below is the summary table of updated budget prepared based on the Valuation report of the State Unitary Enterprise for Valuation (SUE) ‘Narkhguzori’ specifically for this LARP Addendum No 1, and compensation unit rates for additional one-time allowances developed as per the approved LARP and revised according to updated exchange rate.

 

Table 40. Summary Budget for Cash Compensation and LAR implementation Cost

 

Description

Total Compensation (TJS)

Total Compensation (USD)

A

Land Compensation

 

 

1

Residential

22,953.70

2,371.25

2

Commercial

29,657.10

3,063.75

3

Agricultural

125,536.84

12,968.68

4

Dehkan Farm

N/A

N/A

5

Pasture land

63,180.00

6,526.86

 

Sub-total

241,327.64

24,930.54

B

Structures & improvements

 

 

6

Residential

92,594.00

9,565.50

7

Commercial

673,295.00

69,555.27

 

Sub-total

765,889.00

79,120.77

C

Crops and Perennials

 

 

8

Fruit trees

74,094.00

7,654.33

9

Annual crops

660.55

68.24

 

Sub-total

74,754.44

7,722.57

D

Business Stoppage

 

 

10

Compensation for salary loss

2,400.00

247.93

11

Permanent impact

9,779.40

1010.27

12

Temporary impact

45,357.00

4,685.65

 

Sub-total

57,536.40

5,943.85

E

Rehabilitation Allowances

 

 

13

Severe Impact

27,927.90

2,885.11

14

Vulnerability

55,855.80

5,770.23

15

Transportation

2,000.00

206.61

16

Rental allowance

5,808.00

600.00

17

Land use certificate fees

13,035.44

1,346.64

 

Technical passport fee

11,200.00

1,157.03

 

Sub-total

115,827.14

11,965.62

F

Total of compensation & allowances

1,255,354.73

129,986.11

18

LAR Implementation Administrative Costs (PIU)

125,535.47

12,968.54

19

SUM

1,380,890.20

142,954.65

20

Contingency  20 %

276,178.04

28,590.93

21

TOTAL LARP Budget

1,657,068.24

171,545.58

Exchange rate at $ 1 – 9.6800 TJS, as of March 3, 2020 National Bank of Tajikistan

 

226. The total LARP Addendum No. 1 implementation cost for the changed road section amounts to 1,657,068.24 TJS which is equivalent to $ 171,545.58 USD as shown in the above table.

 

227. The contingency cost 20 % equals 276,178.04 TJS ($28,590.93 USD). Displaced persons will be paid 1,255,354.73 ($ 129,986.11 USD) which will cover full compensation for losses and applicable allowances.

 

228. In addition the summary budget table includes costs for LAR implementation for PIU in the amount of 125,535.47 TJS (equivalent to $ 12,968.54 USD according to the exchange rate of 1 USD – 9.6800 TJS as of March 3, 2020). 

 

229. In total in the course of this project the total budget of LARP implementation equals to 12,962,953.70 TJS. The table 41 below shows the breakdown of compensation for affected assets, and LAR Implementation cost. The MoT will ensure that the compensation funds for land acquisition and resettlement are allocated in time for implementation of this Addendum.

 

230. The budget also includes contingency expenses that will be incurred during the implementation of the Addendum to the LARP. This expense has been estimated and included in the budget at 20 % of the total amount of direct compensation costs. The total LAR cost including original LARP and LARP Addendum No.

 

Table 41. Total LAR Costs for Original LARP and Addendum No 1

 

Description

LARP Compensation  (TJS)

LAR Implementation Cost (TJS)

Total in TJS (including contingencies)

Total in USD

Original LARP, dated Feb 2018

 

(at exchange rate of the National Bank of Tajikistan as of Jan 5, 2018  1 USD -8.8277  TJS)

8,969,874.10

2,332,167.20

11,302,041.37

1,280,292.87

LARP Addendum No 1

(at exchange rate of the National Bank of Tajikistan as of March 3, 2020

1 USD - 9.6800 TJS)

1,255,354.73

125,826.69

1,657,068.24

171,545.58

SUM

10,225,228.83

2,457,993.89

12,959,109.61

1,451,838.45


  1. XI.    MONITORING AND REPORTING

 

11.1 Monitoring and Reporting Requirements

 

231. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continues as originally planned. The implementation of this Addendum No. 1 to LARP will be subjected to internal and external monitoring as the Project will trigger a significant amount of involuntary resettlement. The ADB SPS 2009 considers involuntary resettlement impacts significant if 200 or more persons will be physically displaced from their home or lose 10% or more of their productive or income-generating assets. Internal monitoring will be conducted by the PIURR, assisted by the resettlement specialist of the Construction Supervision Consultant and the external monitoring will be done by an external, independent monitoring expert. Monitoring is vital for ensuring that the LARP is effectively implemented, unforeseen impacts related to land acquisition and resettlement activities are identified and appropriate measures to address the same can be taken in a timely manner.

 

11.2 Internal Monitoring

 

232. The key objective of the internal monitoring is to monitor the process of the Addendum 1 to LARP implementation such as the compensation process, grievance mechanism and effectiveness of LARP implementation procedure. Internal monitoring will be performed routinely by the PIURR. The results will be communicated to ADB through the quarterly Project implementation reports. Indicators for the internal monitoring will be those related to the LARP implementation processes, and immediate outputs and results which allow for the assessment of the progress and results of LARP Addendum 1 implementation and the adjustment of the work program, if necessary.

233. The PIURR will monitor performance (physical progress of the Addendum 1 to LARP implementation against milestones set in the LARP), impact (whether the objectives to restore the living standards of the affected population have been properly considered and executed), and LARP compliance, indicating whether the compensation program has been carried out in accordance with the provisions of Tajikistan’s laws and ADB policies, and to the satisfaction of the DPs.

234. The Construction Supervision Consultant shall have a resettlement specialist on board who will assist the PIURR in the internal monitoring of the Addendum 1 to LARP implementation processes. The CSC resettlement specialist will:

 

  • supervise the community consultations and disclosure of project information;
  • ensure the replacement cost principles of the ADB SPS (2009) are employed in the valuation of affected assets and compensation is disbursed in accordance with the endorsed Addendum 1 to LARP;
  • ensure relocation/reconstruction of affected structures/businesses are completed and set compensation paid before civil works commencement;
  • monitor the Addendum 1 to LARP implementation process and provide data and support to PIURR during preparation of quarterly monitoring reports on LARP implementation and monitoring activities; 
  • inform the PIURR on issues and challenges during the LARP Addendum 1 implementation and monitoring; and provide recommendations and suggestions for a solution;
  • supervise the implementation of the mitigation measures and temporary land acquisition, advise PIURR on LAR issues and grievance redress, inform PIURR on any non-compliance cases, and suggest appropriate remedies. 

 

235. Specific performance monitoring indicators will be:

  • meaningful public consultations held
  • SES/census surveys and assets inventories studies completed
  • compensation payments disbursed
  • replacement lots allocated (if applicable)
  • housing and infrastructure construction completed
  • relocation of people completed
  • income restoration and development activities initiated
  • monitoring and evaluation reports submitted.

 

236. Impact monitoring will encompass verification of the following indicators:

 

  • whether all physical inputs committed in the LARP Addendum 1 have been delivered and all services provided;
  • whether the mitigation actions prescribed in the LARP Addendum 1 have provided the desired effects;
  • the socioeconomic status of the affected population and host population measured against the baseline conditions before the displacement.

 

  1. Impact monitoring will be supplemented by the assessment of the DPs satisfaction with the resettlement initiatives and the adequacy of measures applied for restoration of DPs’ livelihoods. This will be done through direct consultations with the affected population and face-to-face meetings with the DPs.
  2. As the Project triggers a significant impact on vulnerable households (listed in Annex 2-2), the internal and external monitors will conduct a separate monitoring focused on these households during the LARP Addendum 1 implementation processes, relocation, rebuilding their homes and settling in, and check if their livelihoods does not worse off. The internal and external monitoring reports will have a section which specifically reports the situation of these vulnerable households. 

 

11.3     External Monitoring

239. For projects with significant involuntary resettlement, (category ‘A’ projects), ADB policy requires external monitoring which should be carried out in parallel with the implementation of the LARP and its internal monitoring. The main goal of external monitoring is to assess the relevance, efficiency, effectiveness and impact of the LAR processes and to suggest any corrective measures, if necessary. The External Monitoring Consultant (EMC) will monitor and verify LARP Addendum 1 implementation to determine if the resettlement goals have been achieved, livelihood and living standards have been restored and to provide recommendation for improvement, if needed. External monitoring entails two types of activity: a) short term-monitoring and evaluation of LARP implementation and compensation delivery and b) a long-term evaluation of the rehabilitation effects of the LARP program.

 

11. 3.1 Short-Term Monitoring

240. This task will be carried out in parallel with the implementation of the LARP Addendum 1 and will require regular field visits and communication with DPs and the EA. The task will result in a final Compliance Report indicating whether the compensation program has been carried out based on the agreed provisions and ADB SPS 2009. The Compliance Report will be communicated to the PIURR and ADB. Approval of the Compliance Report by the ADB will be a condition to start civil works. The Compliance Report will include the following:

  • A verification of the schedules and the achievement of targets related to land acquisition and resettlement activities;
  • A verification for whether the resettlement has been implemented in accordance with the approved final Addendum 1 to LARP;
  • A verification that the unit compensation rates used in the valuation reports, contracts and agreements are in accordance with the LARP provisions;
  • A verification that compensation and the amounts defined in the LARP Addendum 1 were delivered to all AHs;
  • An assessment of the compensation distribution procedure, its timing in relation with LARP provisions;
  • A review of the GRM and grievance cases including an assessment of whether grievance resolution was carried out in accordance with LARP provisions;
  • Training of the GRG at the local and central level;
  • An assessment of public consultation;
  • An assessment of the delivery of allowances to severely affected, vulnerable and resettled APs;
  • A final assessment of satisfactory implementation of the LARP Addendum 1 and if necessary, details of the required corrective measures. 

11. 3.2 Long-term Monitoring and Evaluation

241. This task will be carried out 2 years after the end of LARP implementation to find out if the LARP rehabilitation objectives have been attained or not.  The SES data included in this LARP will provide the benchmarks to compare pre, and post project conditions. The study will detail:

  • socio-economic conditions of the DPs in the post-resettlement period;
  • changes in housing and income levels;
  • changes in value of properties;
  • condition for business activities;
  • grievance procedures;
  • level of changes in AHs living conditions
  • satisfaction of DPs in the post resettlement period.

 

242. ADB SPS 2009 requires monitoring and measuring the progress of implementation of the land acquisition and resettlement plan. It also requires the preparation of a semiannual monitoring report that describes the progress of the implementation of resettlement activities and any compliance issues and corrective actions. In accordance with ADB SPS 2009, both the borrower/client and ADB have their own monitoring responsibilities. Borrowers/clients are required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports on their implementation performance. ADB requires borrowers/clients to:

 

  • establish and maintain procedures to monitor the progress of implementation of safeguard plans,
  • verify the compliance with safeguard measures and their progress toward intended outcomes,
  • document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports,
  • follow up on these actions to ensure progress toward the desired outcomes,
  • retain qualified and experienced external experts or qualified NGOs to verify monitoring information for projects with significant impacts and risks,
  • use independent advisory panels to monitor project implementation for highly complex and sensitive projects, and
  • submit periodic monitoring reports on safeguard measures as agreed with ADB.

 

243. The extent of ADB's monitoring and supervision activities will correspond to the project’s risks and impacts. Monitoring and supervising of social and environmental safeguards is integrated into the project performance management system. ADB will monitor the project on an ongoing basis until a project completion report is issued. ADB will carry out the following monitoring actions to supervise project implementation:

 

  • periodic site visits for projects with adverse environmental or social impacts; 
  • supervision missions with detailed review by ADB’s safeguard specialists/officers or consultants for projects with significant adverse social or environmental impacts; 
  • review the periodic monitoring reports submitted by borrowers/clients to ensure that adverse impacts and risks are mitigated as planned and as agreed with ADB; 
  • work with borrowers/clients to rectify, to the extent possible, any failures to comply with their safeguard commitments, as covenanted in the legal agreements, and exercise remedies to reestablish compliance as appropriate; and 
  • prepare a project completion report that assesses whether the objective and desired outcomes of the safeguard plans have been achieved, taking into account the baseline conditions and the results of monitoring.

 

244. In accordance with the requirements under the Safeguard Policy Statement, ADB shall post on its website the draft, final and updated LARP and the resettlement monitoring reports, upon receipt by ADB.

 

 

11.4       LARP Implementation Compliance Report

 

245. The completion of the LARP Addendum 1 implementation will result in the preparation of a Compliance Report which will indicate whether the compensation program has been carried out in accordance with the provisions of Tajikistan’s laws and ADB policies, and to the satisfaction of the DPs. The Compliance Report will be submitted to EA and ADB. Approval of the Compliance Report by ADB is a condition for the commencement of the civil works. The Compliance Report will be based on the following monitoring indicators:

  • the number of AHs with legal ownership;
  • the number of AHs without legal status;
  • ratio of the affected/remaining part of the land;
  • affected buildings, structures, businesses;
  • loss of income and employment;
  • allowances for severity and vulnerability;
  • full compensation paid on time;
  • relocation of movable assets;
  • the GRC Logbook entries;
  • number, nature and substance of complains;
  • number of grievances resolved at the Project level;
  • number of grievances forwarded/resolved at other grievance resolution levels;
  • number, type of consultations with DPs/host communities and other relevant stakeholders held;
  • public consultations activities documented and included in draft LARP;
  • selection and distribution of replacement land areas;
  • preparation of resettlement sites, including civic amenities, infrastructures
  • income restoration activities.

246. The above information will be collected by the PIURR which is responsible for monitoring the day-to-day resettlement activities of the Project through one or more of the following instruments:

  • review of census information for all AHs;
  • consultations and informal interviews with DPs;
  • sample survey of AHs;
  • face-to-face discussion with DPs;
  • community consultation meetings.

 

 

The following table outlines possible monitoring indicators which the PIURR may use during the LARP implementation monitoring.

Table 41: LARP Implementation Monitoring Indicators

 

Monitoring Aspects

Potential Indicators

Delivery of Entitlements

-       Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix.

-       Disbursements against timelines.

-       Identification of the displaced persons losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps

-       Timely disbursements of the agreed transport and relocation costs, income substitution support and any other resettlement allowances according to the schedule.

-       Provision of replacement land plots.

-       Quality of new plots and issuance of land titles.

-       Restoration of social infrastructure and services.

-       Progress on income and livelihood restoration activities being implemented as set out in the income restoration plan, such as commencement of production, number of displaced persons trained in employment with jobs, microcredit disbursed, number of income generating activities assisted, etc.

-       Affected businesses receiving entitlements, including transfer and payments for net losses resulting from loss of a business.

Consultation and Participation

-       Consultations organized as scheduled including meetings, groups and community activities.

-       Knowledge of entitlements by the displaced persons.

-       Number of general meetings (for both men and women).

-       Percentage of women participated at consultations.

-       Number of meetings held exclusively with vulnerable groups.

-       Level of participation in meetings (of women, men and vulnerable groups).

-       Level of information communicated – adequate or inadequate.

-       Information accessibility and disclosure (translation of information in the local languages).

-       Implementation of special measures for Indigenous Peoples.

Effectiveness  of the GRM

-       Uses of the grievance redress mechanism by the displaced persons.

-       Information on the resolution of the grievances.

-       Number of APs used the GRM.

-       Number of cases resolved at project level.

-       Number of cases transferred to other GRC levels.

-       Number of APs’ requests rejected.

Budget and Time Frame

-       Land acquisition and resettlement staff appointed and mobilized on schedule for the field and office work.

-       Capacity building and training activities completed on schedule.

-       Achieving resettlement implementation activities against the agreed implementation plan.

-       Timely allocation of funds to resettlement implementation agencies.

-       Funds disbursement according to the resettlement plan.

-       Land acquisition and clearance in time for implementation.

Livelihood and Income Restoration

-       Gender and vulnerability segregated data on displaced persons under the rehabilitation programs.

-       Types of vocational trainings and number of participants (women and men).

-       Number of displaced persons who have restored their income and livelihood patterns (women, men and vulnerable groups).

-       Number of new employment activities.

-       Degree of satisfaction with support received for livelihood programs.

-       Percentage of displaced persons who improved their income and standard of living (women, men and vulnerable groups).

 

 


 

XII.   LARP Addendum Project Implementation Schedule

 

247. As soon as the LARP Addendum No 1 is approved by ADB and the Government of Tajikistan, the IA, with the assistance of local authorities, will conduct consultation with APs/DPs, disclose the sum of compensation and plan the disbursement of compensation. The compensation amount will be disbursed within 15 days of the agreement with APs/DPs. Grievances or objections (if any) will be redressed as per the grievance redress procedure presented in this Addendum to LARP. All activities related to LAR (including ADB’s notice of ‘no objection’ to the Addendum to LARP implementation) will be completed prior to the commencement of civil works.

 

248. The LARP Addendum preparation and implementation schedule is described in the table below.

 

Table 39. LARP Addendum Preparation and Implementation Schedule

 

#

Activities/Months in 2020

Feb

Mar

Apr

May

June

Aug

Sept

1

Preparation of Initial LARP Addendum

 

 

 

 

 

 

 

2

Public Consultations (regular)

 

 

 

 

 

 

 

3

Enumeration, demarcation, survey of land take

 

 

 

 

 

 

 

4

Census, SES, Inventory of affected assets

 

 

 

 

 

 

 

5

Title Search

 

 

 

 

 

 

 

6

Data processing and analyses

 

 

 

 

 

 

 

7

Valuation of affected assets

 

 

 

 

 

 

 

8

Preparation of draft LARP Addendum & budget

 

 

 

 

 

 

 

9

PIU/MOT & ADB review and comments

 

 

 

 

 

 

 

10

Incorporating comments, announcement of LARP Addendum Public Disclosure Meeting

 

 

 

 

 

 

 

11

 LARP Addendum Public Disclosure Meeting

 

 

 

 

 

 

 

12

Finalizing LARP Addendum based on feedback of APs/AHs and project stakeholders

 

 

 

 

 

 

 

13

No Objection to  LARP Addendum implementation

 

 

 

 

 

 

 

14

Processing land acquisition and Issuance of Compensations

 

 

 

 

 

 

 

15

Resolving outstanding issues & grievances

 

 

 

 

 

 

 

16

Internal Monitoring and EMC’s assessment

 

 

 

 

 

 

 

17

Site Clearance and commencements of road works

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEXES

 

 

 

 

 

 

 

 

 

 

 

Document Samples

Grievance Log Sample

 

Name of Complainant

Submitted to

Location Km

Submission

date

Contact Phone

Content

Activities to Address Complaint/Comment

Date of resolution

 

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form for Inventory of Project Affected Assets of APs/DPs

 

 

 

 

 

Questionnaire for Census and SES

 

 

 

 

 

 

 




[1] The main objective of the LARP was to identify persons economically and/or physically displaced (APs/DPs) due to the Project and to assist them to restore their livelihoods. The LARP compiled the relevant laws of the Republic of Tajikistan and the requirements of ADB’s Safeguard Policy Statement (SPS) 2009. The LARP was prepared to: (i) address and mitigate impacts caused by the project; (ii) ensure compliance with ADB’s SPS (2009) requirements and (iii) determine compensation, resettlement and rehabilitation assistance for the affected households.

[2] LARP was approved and disclosed in February 2018. The main objective of the LARP was to identify persons economically and/or physically displaced (APs/DPs) due to the Project and to assist them to restore their livelihoods. The LARP compiled the relevant laws of the Republic of Tajikistan and the requirements of ADB’s Safeguard Policy Statement (SPS) 2009. The LARP was prepared to: (i) address and mitigate impacts caused by the project; (ii) ensure compliance with ADB’s SPS (2009) requirements and (iii) determine compensation, resettlement and rehabilitation assistance for the affected households.

[3] Drawings of approved design changes were the baseline documents exercised for land demarcation and identification of new land take boundaries.

[4] Sample of blank questionnaire and inventory forms used during field surveys are provided in Annex 2.

[5] More details are described in the subchapter: Special case RE: Dehkan Farm Asadulo.

 

[8] D/F ASADILO holding land use right certificate to large agricultural land parcel is affected in four

different locations that are defined in this report as one (1) project affected agricultural land parcel subject to cash compensation for land an fruit trees. .

[9] Each hired labor was paid a monthly salary in the amount of 400 TJS/month.

[10] These five AP claimed for temporary business loss incurred as a result of demolition of commercial

facility in village Aini of Khuroson rayon, which was covered under original LARP. However, during the DMS they did not provide their details to be included in the list of APs. Later, in 2019 they applied to GRC and claimed for compensation for temporary stoppage of business. The GRC made decision to satisfy these claimants and include them in LARP Addendum No 1, once being prepared.

[11] These APs claim they planted these fruit tree years ago and according to the stipulation of original LARP, ADB SPS 2009 and this LARP Addendum No 1 are eligible to cash compensation for project affected fruit trees.

[12] No 1 and 2 are seasonal canteens, No 3 is a bakery and No 10 is a fuel station.

[13] Ln.m. stands for linear meter.

[14] ROW impact on the Right Hand Side applied to following locations: a. from km 42+280 to km 44+250; b. km 45+050 to km 45+630; c. km 45+900 to km 46+680. While eliminated ROW impact on the right hand side (RHS) started at km 42+490 to km 48+000.

 

[15] Under LARP Addendum No 1 there are four affected locations: a. from km 42+300 to km 44+450; b. from km 45+050 to km 45+630; c. from km 45+900 to km 46+680; and d. from km 52+140 to km 52+370.

 

[16] Please note that under the total of 58 is correct as several Heads of AH reported more than one source of income.

[17] Constitution, November 6, 1994, as amended on 22 June 2003.

[18] Land Code of the Republic of Tajikistan as amended on 01 August 2012

[19] Land Code, as amended by N 498 from December 12, 1997., N 746 from May 14_1999, N 15 from May 12 2001,

N 23 from February 28, 2004. From 28.07.2006 №199, from 5.01.2008 №357, from 18.06.2008 №405.

[20] Civil Code, as amended by August 6, 2001, N 41: May 3 2002 №5, March 1 2005, N 85; April 29, 2006 №180, May 12, 2007.№247

[21] Approved by the Decree of Government of Republic of Tajikistan, December 30, 2011. № 641.

[22] Law of the RT “On Dehkan farms”.2002. www.mmk.tj

[23] Source: Statistical Yearbook of the Republic of Tajikistan. 2001. Statistical Agency. Dushanbe, 2001, с.175. Statistical Yearbook of the Republic of Tajikistan. 2004. Statistical Agency. Dushanbe, 2004, с.173.

[24] Law 891, dated August 2012, article 19.

[25] Articles 37-45.

[26] Based on the SPS (Appendix 2, para. 10) in absence of well-established land markets land compensation will be provided based on a thorough study of the land transaction, use, cultivation and productivity patterns in project areas. One method accepted by ADB in such a situations would be to provide land compensation based on land productivity or land reproduction costs.”

[27] The official average monthly wage for January 20203339931,329.90 TJS/month and reported within macroeconomic indicators by the Agency on Statistics under President of the Republic of Tajikistan. Available via http://stat.tj/en/macroeconomic-indicators/ and http://www.tradingeconomics.com/tajikistan/wages

[28] As per the approved LARP the calculation of compensation amount for privately used land was calculated based on the following methodology; namely: land compensation was based on the current value of annual crops grown on the affected land parcels and multiplied by 5 years. In order to avoid large differences in price for loss of land use right caused by the market value of different types of crops planted in the period of the DMS, the value of all crops affected in the Project area was aggregated, and one average ‘land price’ was established. This approach ensured that two neighboring holding land use right to similar quality of land would receive land cash compensation in same amount of unit rate per square meter of project affected land, regardless of the standing crop.

[29] Official exchange rate as of March 3, 2020, 1 USD - 9.6800 TJS.

[30] Details on methodology applied adopted to for the determination of unit rates is described in 

Chapter 8. Resettlement Plan Budget of the approved LARP, dated February 2018.

[31] Scanned version of original letter in Tajik language is attached in the section of Appendices