Involuntary Resettlement Assessment and Measures
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- Uzbekistan border Length 4.56 km 13.9 km 20.7 km 10.6 km 11.7 km Construction type
- (iii) Expected Impacts
- Total Affected Households: Agricultural Land (No.) 29 87 26 5 147
- 39,996 Land for Community Facilities/structures (m 2 ) 451 383 0 0 833
- 11,609 Number of Business Lost (No.) 12 11 13 0 36 Severely Affected Households (No.) 18 31 7 0 56
- Table A1-3: Compensation Entitlements Matrix ASSET AFFECTED PEOPLE PROPOSED ENTITLEMENTS
- Contact Details for Inquiry
- APPENDIX 2 SUMMARY OF CONSULTATIONS Various methods used for public consultation and participation with concerned stakeholders are described below
- LIST OF PARTICIPANTS Sl. No Name of the Participant Male /Female Occupation
- Consultation- 4
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Particulars Section-1
Section-2 Section-3 Section-4 Section-5 Section Avicenna monument to West Gate - West Gate to Gissar Junction Gissar Junction to Shakhrinav Shakhrinav to Tursunzade Tursunzade to Uzbekistan border Length 4.56 km 13.9 km 20.7 km 10.6 km 11.7 km Construction type (rehabilitation) (four-lane) (four-lane) (four-lane) (two-lane - reconstruction) Rayon name 1.Dushanbe 2.Rudak 1. Rudaki 2.Gissar 1. Gissar 2.Shakhrinav 1.Tursunzade 1.Tursunzade Jamoats name 1.Choryakkoron 1. Choryakkoron 2.Khonaqo 1.Navobod 2.MirzoRizo 3.Dehqonobod 4.Chuzi 5.Sabo 6.Selbur 7.Shakhrinav 1.Qaratogh 2.Seshanbe 1. Gharav 2. Navobod 3. 1 st May 2. Section 1 (Avicenna-West Gate) involves the rehabilitation of the existing road and structures. This stretch does not require any widening or additional Right of Way (RoW) hence will not entail any land acquisition and resettlement. Widening will take place for Section 2 (West Gate-Gissar Junction), Section 3 (Gissar Junction-Shakhrinav) and Section 4 (Shakhrinav- Tursunzade), this will require additional land acquisition and resettlement. Section 5 (Tursunzade-Uzbekistan border) will comprise rehabilitation and improvement of the existing two lane road, and requires land acquisition and resettlement at certain points. 3. To compensate and/or rehabilitate these losses the provisions of relevant Tajikistan laws and of the Asian Development Bank (ADB) Policy on Involuntary Resettlement is being adopted. This has included the preparation of a Land Acquisition and Resettlement Plan (LARP) providing data on impacts and affected families and indicating in detail how the impacts will be 65 compensated or rehabilitated. The LARP in Russian will be available for perusal to anyone interested both at the local and Dushanbe offices of BT. 4. This Leaflet summarizes the LARP provisions and is provided to all the families whose land, houses, trees, crops or other assets and incomes are affected by this project. The objective is to inform them of the compensation and rehabilitation policy included in the LARP and of a few basic modalities of implementation of the Compensation and Rehabilitation (ii) Principles for Compensation of the Affected Families Principles for the compensation/rehabilitation of families affected by this project are: • Involuntary resettlement is to be avoided, if unavoidable, minimised with all viable options. • The AF should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. • The AF should be fully informed/consulted in resettlement and compensation options. • Local socio/cultural institutions should be supported / used to the greater extent possible. • Lack of formal legal land title should not be a bar to compensation or rehabilitation. • Compensation will be provided to the AF at full replacement cost of the affected assets free of deductions for salvaged materials, depreciation or fees/taxes. • Particular attention should be paid to AF headed by women and other vulnerable groups, and appropriate assistance provided to help them improve their status. • Land/other compensation/rehabilitation provisions will equally apply to women and men. • Land acquisition and resettlement will be conceived and executed as an integral part of the project and related budgets will be included in project costs. • Compensation will be fully provided prior to ground leveling and demolition. (iii) Expected Impacts The road improvements will impact on land and property, affecting a total of 376 households. The principal quantities of the impacts are given in Table A1-2. Table A1-2: Principal Quantities of Impacts Quantity Impacts Section 2 Section 3 Section 4 Section 5 Total Affected Households: Agricultural Land (No.) 29 87 26 5 147 Affected Households: Res./Comm. Land (No.) 87 77 65 0 229 Agricultural land (m 2 ) 9,400 128,450 42,100 6,570 186,520 Residential/Commercial land (m 2 ) 16,294 11,656 12,046 0 39,996 Land for Community Facilities/structures (m 2 ) 451 383 0 0 833 Houses & Outbuildings (No.) 45 102 136 5 283 Length of Fences and Walls (m) 2,346 2,157 1,823 195 6,521 Structures affected (m 2 ) 4396 3,896 3,246 71 11,609 Number of Business Lost (No.) 12 11 13 0 36 Severely Affected Households (No.) 18 31 7 0 56 Number of Households to be relocated (No.) 2 2 2 - 6 Number of Businesses to be relocated (No.) 4 2 3 9 Vulnerable Households (No.) 87 79 60 2 228 Total affected households (No.) 116 164 91 5 376 Total Affected Persons (No.) 1,028 1,319 705 43 3,095 66 4. Compensation Policy All families residing in affected areas, holding affected assets or incomes before the eligibility cut-off date, to be the final day of the impacts survey will be entitled to compensation for their losses, as per Table A1-3 below. Table A1-3: Compensation Entitlements Matrix ASSET AFFECTED PEOPLE PROPOSED ENTITLEMENTS Individual land-use rights holder An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected annual crops land at market rate or to 1 yesr of gross income of affected fruit trees land at market rates. Agricultural Land: All losses irrespective of impact severity Cooperative land holder An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected land at market rate Residential/ Commercial Land Residential rights holder Full compensation via the provision of alternative land or cash Houses and Structures All relevant APs. • Cash compensation at replacement rate for affected structure/other fixed assets free of salvageable materials and transaction costs. All buildings will be compensated in their entirety House/building rent Renter/leaseholder Rental allowance in the form of 1 to 3 months rent in cash Income from Crops All APs • Crop compensation in cash equal to 1 year of the gross income of affected land at market rate. This shall apply whether the land is fallow, or under ultivation. Income from trees All APs • Cash compensation for wood trees based on volume of wood • Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production Business or Employment loss; temporary or permanent All APs (including informal settlers) -Business Owner: Cash compensation for lost income up to 1 year’ (if income is permanent) or Cash compensation for the period of business interruption (if the loss is temporary). The compensation iis assessed at actual income as per tax declaration or if taxes have not been paid at the maximum non- taxable indome. -Permanent worker/employers: Indemnity for lost wages for business stoppage of up to 1 year Allowance for severe impacts (More that 10% of income loss) All severely APs -Agricultural income: One severe impact allowance equal to the net market value of the harvest from the affected land for 1 year (inclusive of winter and summer crop) and in addition to the standard crop compensation . Relocation allowance All relocated APs Provision of sufficient allowance to cover transport expenses and basic livelihood expenses for the transitional period Communal/ Public assets Rehabilitation/substitution in kind or cash at replacement cost of affected items and rehabilitation of their functions Vulnerable APs APs below poverty line and households headed by women. • Employment priority in project-related jobs • Cash contribution equal to 2 month’s at minimum salary. 67 5. Compensation rates for loss of land use rights, crops and trees and buildings Table A1-4: Basis of Compensation Rate Determination Type of Loss Basis of Rate Determination Loss of agricultural land The rate is determined for each individual property, based on the productivity of the affected land. The following formula is applied: Yield per m 2 x Area affected x Gross market value of the crop x 5 years Loss of Residential or Commercial Land To be based on current land lease rate multiplied by 25 years. Structures All affected structures, including houses, outbuildings, sheds, barns, driveways, pumps, ovens and fountains are individually assessed by engineers and assessors from the District Administrations. Businesses All impacts on businesses are permanent. Compensation will equal the annual income for each business is determined from tax records, or in the absence of tax records, by applying a maximum non taxable salary set at TJS 288 / month Allowance for Severely Affected Households 1. An additional sum equivalent to the value of crop production for one year for the affected land, and 2. A rehabilitation allowance of TJS 1,728 (equal to six months’ maximum salary) Allowance for households to be relocated 1. A transportation allowance of TJS 500, and 2. An assistance allowance of TJS 864 (equal to three months’ maximum salary) Allowance for vulnerable households An allowance of TJS 462 (equal to two months’ maximum salary) 6. Grievance Redress Mechanism A grievance redress mechanism will be established. Complaints & Grievances will be addressed through the following steps and actions: iv. First, complaints can be lodged at the Grievance Review Committee (GRC) at the district Offices where resolution will be attempted with the involvement of Hukumat and Jamoat officers as the elected representatives of the AF. v. If still unsettled after 30 days a grievance can then be lodged to MOTC at central level. Again the elected representatives of the AF will have the opportunity to mediate. vi. If no solution is reached within 14 days the DPs can further submit their case to the appropriate court of law. Contact Details for Inquiry N Hakimov Project Executive Director, Project Implementation Unit Telephone No: +992 37 2215673 E-mail: piurr@tojikiston.com Address: 14 Ayni Street, Dushanbe, Republic of Tajikistan G.Boronov Deputy Executive Director, Project Implementation Unit Telephone No: +992 918 985610 E-mail: piurr@tojikiston.com Address: 14 Ayni Street, Dushanbe, Republic of Tajikistan Prepared: September 2010 68 APPENDIX 2 SUMMARY OF CONSULTATIONS Various methods used for public consultation and participation with concerned stakeholders are described below: Table A-2: Methods Employed for Consultations Stakeholders Purpose Method City Traffic Police Department • To collect relevant government policy, guidelines, priorities on the project, and to seek assistance during the Origin and Destination (O&D) survey. • Frequent individual meetings with the officials of Traffic Police Department Local Community in the different locations of the Sub-project area (Rudaki,Gissar, Shakhrinav, Tursunzade) • To assess overall social perception about the importance of project road and local people’s perceived need for improvement • Consultation and discussion with local people at different project locations during reconnaissance walk over survey, cadastral survey, social survey and census survey. District level line agencies (Divisional Roads Office, Land Committee, District Architect, District Committee on Women and Family Affairs) • To assess the existing operational status of road, to verify the land likely to be acquired based on preliminary design drawings, to carry out cadastral survey, to collection of data on land, and to collect information on alternative livelihood programs and scope. • Individual meetings with the officials of respective offices. Project affected people based on the preliminary design drawing • To prepare inventory of the affected assets and get measurement and conduct interview with the affected families about the affected assets and on the household matters • Individual interview of the affected households by means of a structured questionnaire NGOs and other stakeholders at the local level • Assess the level of social willingness to be involved in the project activities • Representatives of local NGOs and other stakeholders including community members were consulted at different sections of the road during field visits by the domestic and international team members in order to assess the overall social perception about the road project and also to assess the level of their willingness to cooperate with the study team. 69 LIST OF PARTICIPANTS OF CONSULTATION MEETINGS Consultation- 1 Name of the Village:Morteppa Name of the Jamoat:Khonaqoh Name of the District/Rayon:Gissar Number of Participants:23 Male: 17 Female: 6 Date: 28 March 2009 Time:1000 hours Sl. No Name of the Participant Male /Female Occupation 1 Hakimova Mavjuda Female Chairperson of Munis NGO 2 Hafizov Abdukholiq Male 1 st Deputy District chairman 3 Qurbonova Robiya Female Head of Khonaqo Jamoat 4 Sharipov Sodiq Male Head of District Capital construction Department 5 Imomov Bakhtiyor Male farmer 6 Ramazonov Asomiddin Male Farmer 7 Avrodov Tughon Male Farmer 8 Ziyoev Davlat Male Farmer 9 Mirzoeva Sofiya Female Housewife 10 Abdulloev Ismatullo Male Farmer 11 Melikov Abdukarim Male Farmer 12 Azizov Dilshod Male Farmer 13 Salimov Rustam Male Farmer 14 Nurov Rahmatullo Male Farmer 15 Kabirova Gulkhonim Female Farmer 16 Hafizova Khairinisso Female Farmer 17 Sadieva Khushrumoh Female Farmer 18 Abdiev Abdumannon Male Farmer 19 Samuddinov Saidullo Male Farmer 20 Yunusov Sharof Male Driver 21 Ghulomov Salom Male Farmer 22 Qanoatov Shafoat Male Farmer 23 Qurbonov Sharofiddin Male Farmer 24 Mahmadov Musaddir Male Farmer 25 Yusupov Bahrullo Male Farmer 26 Akramov Sodiq Male Farmer 27 Ibronov Hokim Male Farmer 70 Consultation- 2 Name of the Village: Shakhrinav Name of the Jamoat:Shahraki Shakhrinav Name of the District/Rayon:Shakhrinav Number of Participants:27 Male: 17 Female: 10 Date: 5 March 2009 Time:1000 hours LIST OF PARTICIPANTS Sl. No Name of the Participant Male /Female Occupation 1 Ghairatova Mahbuba Female Head of District Land Committee 2 Ahmadov Komil Male Land Management Specialist 3 Qaraev Tohir Male Head of dairy farm 4 Salimov Shahobiddin Male Head of DF 5 Melikova Rukhsatoy Female Housewife 6 Ashurova Tojinisso Female Housewife 7 Ikromova Muharram Female Farmer 8 Ustoeva Shahlo Female Housewife 9 Kholova Melikoy Female Farmer 10 Salimova Tojinisso Female Farmer 11 Huseynova Muharram Female Farmer 12 Naftulloeva Habiba Female Entrepreneur 13 Nurova Tojinisso Female Farmer 14 Barotov Qosim Male Farmer 15 Safarov Salom Male Farmer 16 Jalilov Tura Male Entrepreneur 17 Aliev Murodali Male Farmer 18 Qosimov Mannon Male Farmer 19 Odinaev Tojiddin Male Farmer 20 Davlatov Said Male Farmer 21 Kholov Azim Male Farmer 22 Roziev Maruf Male Farmer 23 Ochildiev Hakim Male Farmer 24 Khojamov Muhammadi Male Farmer 25 Karomatov Fazliddin Male Farmer 26 Juraev Zikrullo Male Farmer 27 Abdurashidov Abdujalil Male Farmer 71 Consultation- 3 Name of the Village:Choryakkoron Name of the Jamoat:Choryakkoron Name of the District/Rayon:Rudaki Number of Participants:33 Male: 8 Female: 25 Date: 6 April 2009 Time:1100 hours LIST OF PARTICIPANTS Sl. No Name of the Participant Male /Female Occupation 1 Yusupov Mahmadrahim Male Deputy District Chairman 2 Qaraboev Bahriddin Male Head of Choryakkoron Jamoat 3 Sharipov Kholmahmad Male Land Planning Specialist 4 Norov Azam Male Deputy Head of Jamoat 5 Sheraliev Sadriddin Male Farmer 6 Sulaymonov Olim Male Jamoat Chief Accountant 7 Alieva Sanoat Female Deputy Head of Jamoat 8 Aralova Abrinisso Female Jamoat HR Specialist 9 Barotova Jamila Female Jamoat Secretary 10 Raupova Rano Female Director of Secondary Schooll 11 Mirali Mahmadaliev Male Zafar village/mahalla leader 12 Saidahmadov Siyarsho Male Uchqul village leader 13 Roibov Yoqub Male Teacher 14 Nazarov Faizali Male Head of DF 15 Safaraliev Sherali Male Deputy Mahalla ARmughon 16 Majidov Muzaffar Male Raisi Armughon 17 Nurov Safarali Male Chavliboi Leader 18 Saidov Salim Male Gizhdalobod Leader 19 Qadamova Oliha Female Farmer 20 Soibnazarova Sojida Female Deputat from mahalla 21 Ismoilov Sh Male DF Head 22 Umarov Sattor Male farmer 23 Melikov Dustmurod Male DF 24 Boboev Khudoydod Male Zafar Mahalla leader 25 Niyozov Ibod Male Deputy Zafar leader 26 Khiusaev Rustam Male Ispechak 27 Shukurov Rustam Male Director of secondary school67 28 Shukurov Abdullo Male statistics 29 Siddiqov Hamroh Male Choryakkoron dara leader 30 Naimov Samariddin Male farmer 31 Ruzieva Khadicha Female farmer 32 Rajabova Idimoh Female farmer 33 Najmiddinov Foteh Male farmer 72 Consultation- 4 Name of the Village: Kommuna Name of the Jamoat: Name of the District/Rayon:Tursunzade Number of Participants: 14 Male: 9 Female: 5 Date: 5 March 2009 Time:1400 hours LIST OF PARTICIPANTS Sl. 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