Involuntary Resettlement Assessment and Measures
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- Summary of discussions with the representatives from local Hukumats located along the road Dushanbe–Tursunzade–Uzbekistan border with PIU representatives
- MEETING WITH RESETTLEMENT WORKING GROUP Date: 7 October 2009 Time: 9:35 -12:05 Place: MOTC Conference Room
- APPENDIX 3: DRAFT TERMS OF REFERENCE FOR RESETTLEMENT SPECIALIST UNDER PROJECT MANAGEMETN CONSULTING FIRM
- APPENDIX 4: DRAFT TOR FOR INDEPENDENT MONITOR (IM) A. Objective/Purpose of the Assignment
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Male /Female Occupation 1 Nurmatov Urunboy Male First Deputy District Chairman 2 Alieva Tursunoy Female Farmer 3 Homidova Nazarvi Female Farmer 4 Saidov Abduvohid Male Farmer 5 Zaidulloeva Lutfiya Female Farmer 6 Karimov Halim Male Farmer 7 Azizbekov Khudoydod Male Farmer 8 Karimova Sarvarkhon Female Specialist 9 Hikmatova Shoira Female Specialist 10 Bahrullo Male Land Management Specialist 11 Ashurov Safarali Male Farmer 12 Kholov Isroil Male Farmer 13 Shukurov Shukrullo Male Farmer 14 Rajabov Qurbonali Male Farmer Consultation-5 Name of District/Rayon: Shahrinav Number of Participants: 30 Date: 14 March 2010 Name Position 1 Kurbonov I.I. First Deputy Chairman of the Shahrinav 2 Gayratova M. Chairman of the district land committee 3 Nozimov H. Main architector of the district 4 Qudratov M. Director of the Construction committee 5 Mamataliev R Director Company “Main Construction” 6 Z. Fazliddin Head of the Investment Committee of the district 7 Aminov Abdunosir District resident 8 Bobonazarova Gulbahor District resident 9 Sultonova Melikoy District resident 10 Sobirova Zinnatoy District resident 73 11 Tosheva Ubayda District resident 12 Jalilon Abdugani District resident 13 Rahimova Tuybibi District resident 14 Rahimov Bahodur District resident 15 Zoirov Ahliddin District resident 16 Mukhtorov Abduali District resident 17 Zubaydulloev Ubaydullo District resident 18 Sa’dulloev Chupon District resident 19 Huseynov Saidali District resident 20 Ashuron Rajab District resident 21 Sattorov Ayubjon District resident 22 Barotov Qosim District resident 23 Qurbonov Ikrom District resident 24 Sanginov M. District resident 25 Usmonov A/ District resident 26 Muminov Fattoh District resident 27 Rahimova Mastura District resident 28 Obidova Umirhol District resident 29 Kholikov Hasanjon District resident 30 Davlatov Abdujabbor District resident Consultation-6 Name of District/Rayon: Gissar Number of Participants: 30 Date: 15 March 2010 Name Position 1 Zinatov Amin District resident 2 Jonmahmadov Ubayd District resident 3 Sherov Sherali District resident 4 Sherov Umedjon District resident 5 Latipov Rahmatullo District resident 6 Ibronov Halim District resident 7 Mansurov Khursand District resident 8 Olimov Rasul District resident 9 Kholov Shamsullo District resident 10 Kholova Kholbibi District resident 11 Zinnatov Muboraksho District resident 12 Olimov Mirali District resident 13 Kobilov Abdusamad District resident 14 Kobilov Malik District resident 15 Zayniddinov Hasan District resident 16 Rahimov Tesha District resident 17 Naimov Said District resident 18 Rahimov Haidullo District resident 19 Jonmahmadov Udayd District resident 74 20 Ismoilov Ne’mat District resident 21 Nazarov Tojiddin District resident 22 Azizov Umarali District resident 23 Kodirov Razok District resident 24 Kodirov Abdusattor District resident 25 Zinatov Amirshoh District resident 26 Mahmadov Yokub District resident 27 Mirzoeva Saybibi District resident 28 Raupov Abdurahmon District resident 29 Kanoatov Shafoat District resident 30 Ibodov Ne’matullo District resident Consultation-7 Name of District/Rayon: Rudaki Number of Participants: 38 Date: 17 March 2010 Name Position 1 Odinaev Rahmatullo District resident 2 Barotov Davlatmurod District resident 3 Barotov Suhrob District resident 4 Mahmadov Hasan District resident 5 Hamdamov Aslan District resident 6 Komilov Egam District resident 7 Kenjaev Tavarali District resident 8 Mavlonova Safargul District resident 9 Mavlonov Abdurahmon District resident 10 Abdulloev Sulaymon District resident 11 Kenjaev Sherali District resident 12 Kenjaeva Nazokat District resident 13 Karomatov Manuchehr District resident 14 Karomatov Hikmatullo District resident 15 Ashurov Izatullo District resident 16 Subhonov Ne’matullo District resident 17 Sharipov Toshmurod District resident 18 Sharipov Normurod District resident 19 Miraliev Homid District resident 20 Khudoyberdiev Sayfullo District resident 21 Usmonov Bobokalon District resident 22 Khudoyberdiev Khayrullo District resident 23 Khudoyberdiev Abdurahmon District resident 24 Egamov Ismoil District resident 25 Bobonazarov Olohnazar District resident 26 Buzbalaev Fayzullo District resident 27 Abrorov Saykhuja District resident 28 Yorov Sultonmurod District resident 29 Boev Gulmurod District resident 75 30 Madumarov Solehjon District resident 31 Davlatov Abdusalom District resident 32 Naimov Habibullo District resident 33 Amirshoeva Rukiyamoh District resident 34 Naimov Habibullo District resident 35 Amirshoeva Rukiyamoh District resident 36 Odinaeva Gulchehra District resident 37 Azizova Kurbongul District resident 38 Davlatov Murod District resident Summary of discussions with the representatives from local Hukumats located along the road Dushanbe–Tursunzade–Uzbekistan border with PIU representatives Meetings with all DPs were held once with the participation of Rayon authority representatives in each districts. Four times in total and the minutes recorded. Additionally, meetings with each Jamoat and each kishlak were held separately without minutes recorded as the meeting was in the field and in total: Rudaki – 5 times, Gissar – 7 times, in Shakhrinav – 5 times, in Tursunzade – 3 times. Stakeholders Purpose Method Representatives of Rudaki, Gissar, Shahrinav, Tursunzade Evaluate general level of social understanding about highway importance under the Project as well as to improve understanding of local people. Representatives of local Hukumats were advised about the Road Rehabilitation Project Representatives from Jamoat of Gissar district Evaluate general level of social understanding about highway importance under the Project as well as to improve understanding of local people. Representatives of Jamoats of Gissar district Representatives of Jamoat of Rudaki district Evaluate general level of social understanding about highway importance under the Project as well as to improve understanding of local people Representatives of Jamoats of Rudaki district Representatives of Jamoat of Shahrinav district Evaluate general level of social understanding about highway importance under the Project as well as to improve understanding of local people Representatives of Jamoats of Shahrinav district Representatives of Jamoat of Tursunzade district Evaluate general level of social understanding about highway importance under the Project as well as to improve understanding of local people Representatives of Jamoats of Tursun-zade district Population (members of Affected Households) along the Road Dushanbe-Tursun- zade-Uzbekistan border from List of affected property Issues about the price of affected objects ADB Resettlement Policy Personal interview with affected households 76 Rudaki, Gissar, Shahrinav districts and Tursunzade city (that the main purpose is the protection of population needs) MEETING WITH RESETTLEMENT WORKING GROUP Date: 7 October 2009 Time: 9:35 -12:05 Place: MOTC Conference Room 1 PIU Mr Hakimov Executive Director 2 Mr Muzaffar Resettlement Specialist 3 Mr Shkrillov 4 Design Institute Mr. Kurod Nasruddin 5 ADB Lanfranco Blanchetti– Ravelli Resettlement Specialist 6 Gia HY Hong Project Team Leader 7 Fraser Thomas John Howse Consultant Team Leader 8 Stephen Eagle Consultant 9 Land Mapping / Cadastrie, State Land Committee Mr Qubodov, Dushanbe 10 Tursunzade Land Committee Mr. Egan Berjiv, Main Engineer Tursunzade 11 Mr Karimov, Engineer, 12 Gissar Ms Soliva, Chief Architect, Gissar 13 Rudaki Mr. Kubov, Architect (Not on land committee) Rudaki 14 Director, Land Committee Rudaki MEETING WITH RESETTLEMENT WORKING GROUP Date: 27 August 2010 Time: 9:00 -12:30 Place: TJRM Conference Room Ref.# Name, Surname Position Location 1. F.Ismatov Deputy Chairman of Hukumat Rudaki district 2. S.Lolayerov Director of Technological Inventory Enterprise Rudaki district 3. H.Burkhonov Senior Architect Rudaki district 4. I.Akhtomov Chairman of Land Committee Rudaki district 5. I.Melikov Engineer of Technological Shahrinav district 77 Inventory Enterprise 6. K.Akhmatov Senior Specialist Land Committee Shakhrinav district 7. Ms.M.Bairatova Chairman of Local Land Committee Shahrinav district 8. H.Nozimov Senior Architect Shahrinav district 9. I.Kurbonov First Deputy Chairman of Hukumat Shahrinav district 10. N.Safarov Deputy Chairman of Hukumat Tursunzade city 11. S.Abdusalami Chairman of Local Land Committee Tursunzade city 12. R.Kalonov Senior Architect Tursunzade city 13 I.Egamberdiev Senior Engineer Technological Inventory Enterprise Tursunzade city 14. D.Khamroev Engineer Technological Inventory Enterprise Tursunzade city 15. H.Boboev Director Technological Inventory Enterprise Gissar district 16. I.Muhtoramov Chairman of Local Land Committee Gissar district 17. A.Hafizov First Deputy Chairman of Hukumat Gisssar District 18. Sh.Rustamov Acting Senior Architect Gissar district ADB 1. Ms.HY Hong Team Leader 2. Mr. Jose Tiburcio Nicolas Resettlement Specialist 3. Ms M Yap Legal counsel PIU MOTC 1. M.Mirzoev Resettlement Specialist 2. Ms.D.Yakubova Translator Summary of the Meeting 1. The ADB mission (resettlement specialist) described a number of key points in ADB’s Safeguards Policy Statement (2009) focusing on compensation at replacement cost, compensation/assistance even to those without sufficient legal rights to land, and requirement to complete compensation and assistance to displaced persons prior to commencement of civil works. 2. The WG members confirmed their understanding of replacement cost and clarified that the valuation of structures have been revised to remove the depreciation adjustments previously made by the Rayon Commissions. 3. Representatives from the District Commissions clarified that there are only 36 affected businesses (not 43). The operations of the additional 7 businesses earlier mentioned will not be affected. Only auxilliary structures in their plots (i.e. fence, borders) will be affected. Business 78 activities of these 7 shops are not expected to be disrupted from the civil works. Their compensation will be limited to impacts on structures. Hence, these 7 businesses will no longer be included in the discussion in the LARP section on business losses. 4. On allocation and transfer of land use rights, the WG clarified that the only way a household can have a replacement home plot is through the District Land Committee. Under the current policy and legal environment, cash compensation will not enable households to obtain alternative plot. Plot allocation by the District Land Committee is the only viable option to assist households and shops that need to relocate. However, this will require the issuance of a President decree. 5. PIU clarified that of the 20 households whose residential structures will be affected, 6 households (not 5) will require assistance in obtaining replacement land. These affected households will lose between 15-300 sqm of home plot. Replacement plot to be provided will have an average area of 600 sqm, (based on current practice) even for those losing less than 600 sqm. 6. PIU also explained that there are a number of affected households who have requested their respective hukumats (district governments) to allocate the vacant lot adjacent to their remaining plot as replacement for their affected land. This will be further assessed and reflected into the LARP. Moreover, some households with multiple families (with married children) request for an additional home plot as replacement so that some families can move out and establish their own house. 7. The President is currently considering to provide replacement home plots (with an average size of 600 sqm each) to all the 20 households whose houses will be affected. PIU has submitted the list of these 20 households to the Office of the President. A Presidential Decree is expected to be issued on 2 September 2010. 8. It was clarified that replacement land will have to be of equal value as the affected land. In the case of residential land, the plot should have comparable access to employment and production opportunities, civil infrastructure and community services. Related to this, a field visit will be conducted by the ADB Resettlement Specialist on 30 August 2010 to initially review the potential/proposed replacement plots to be provided to households requiring relocation. The PIU and the Working Group will prepare a location map of the replacement plots. 9. The ADB Project Team Leader shared the result of a recent meeting with staff from the Office of the President on compensation for minor land acquisition. In that meeting, it was recommended that instead of using the terminology "compensation of residential/commercial land", the term "allowance for the loss (termination) of land use right" will be used in order not to violate the principle of State ownership of land as provided in the Constitution. Since land use right is not the same as ownership, an appropriate valuation methodology needs to be made. 10. The ADB proposed methodology of using prices of privately-owned lands in neighboring countries is not acceptable. The government will not have solid ground for adopting the ‘$5.7 79 per sqm unit price derived from the rapid pricing methodology of privately-owned lands presented by ADB. The only available reference that can be used in the country at the moment is the existing land lease/rental rates in the project area which is currently assessed at $1,000 per hectare annually. By applying a common amortization rate of 25 years, a unit rate of $2.5 per sqm was derived. Reaction/feedback was sought from the WG. 11. PIU responded that the interviews they made to a number of APs on the amount they would be willing to accept as compensation for their loss of residential/commercial land also came out with figures around $2.5. 12. Full fledged wider consultation on $2.5 per sqm will be held in September 2010. ADB staff (Farrukh Nuriddinov) will be present for each meeting for each district. 13. Copies of the revised draft LARP will be shared with the WG for comments and endorsement. Once the LARP is endorsed by the Government and approved by ADB, a summary of the LARP will need to be disseminated among the APs through the distribution of pamphlets. 80 APPENDIX 3: DRAFT TERMS OF REFERENCE FOR RESETTLEMENT SPECIALIST UNDER PROJECT MANAGEMETN CONSULTING FIRM The Consultants will primarily update existing LARP in the detailed design stage and will provide capacity building training on LAR issues to PIU. Specific tasks include: 1. Assist the PIU/MOTC in coordinating all social issues and ensuring that project comply with Government and ADB social safeguards; 2. Adjust and Finalize the LARP based on an updated impact assessment during detailed design stage; 3. Carry out additional survey if required ; 4. Work closely with the PIU/MOTC and with other concerned government agencies for carrying out the survey; 5. Update the cost if required based on the detailed design; 6. Prepare site specific micro plan for shifting of the APs based on the principle of land for land compensation; 7. The Consultants will coordinate and provide assistance to nongovernmental organizations engaged to assist in implementing the LARP; 8. The consultant will be responsible for imparting training (in-house as well as on-the- job) to the PIU resettlement Specialist and also other concerned agencies related to LAR activities. Training will cover the following topics; i). ADB Safeguard Policy Statement (2009) ii). Principles and procedures of land acquisition; iii). Public consultation and participation; iv). Entitlements and compensation & assistance disbursement mechanisms; v). Grievance redress; vi). Implementation Mechanism of LARP and vii). Monitoring of resettlement operations. 81 APPENDIX 4: DRAFT TOR FOR INDEPENDENT MONITOR (IM) A. Objective/Purpose of the Assignment 1. Monitoring is an integral part of land acquisition and resettlement (LAR) process. The agency will be involved in ongoing monitoring of resettlement implementation. The objectives of the Independent Monitor (IM) are to review implementation and assess the (i) achievement of LAR objectives, (ii) changes in living standards and livelihoods and restoration of economic and social base of the displaced persons (DPs), (iii) the effectiveness, impact, and sustainability of entitlements, and (iv) need for further mitigating measures, if any. IM should also enable the executing agency (EA) to make timely decisions on corrective measures needed to implement the land acquisition and resettlement plan (LARP) effectively and learn strategic lessons for future policy formulation and planning. B. Qualifications 2. The selected organization should be of high professional standing and have a strong track record in the field of social development and resettlement. It should also have a proven record in project monitoring and be able to demonstrate adequate resources. C. Scope of Work 3. The major tasks expected from the independent monitor are (i) Review and verify internal monitoring systems and findings. (ii) Conduct independent investigations of project implementation, including the Project Implementation Unit (PIU), local offices, and consultations with village leaders, and affected people, especially women and vulnerable groups. (iii) Prepare independent reports based on monitoring visits. (iv) Suggest major recommendations for remedial actions. (v) Identify lessons learned. (vi) Maintain database of independent surveys. (vii) Suggest remedial actions with time-based outputs. (viii) Certify compliance with requirements of LARP. (ix) Share the major lessons from the process both in terms of success and failure. Download 0.54 Mb. Do'stlaringiz bilan baham: 
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