Republic of tajkistan
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Section 2 Section 3 Section 4 Section 5 Name of the Section West Gate to Gissar Junction Gissar Junction to Shakhrinav Shakhrinav to Tursunzade Tursunzade to the Uzbekistan border Length 13.9 km 20.7 km 10.6 km 11.7 km Type of Construction (four-lane widening) (four-lane widening) (four-lane widening) (two-lane - reconstruction) 1. Rudaki 1. Gissar Rayons 2.Gissar 2.Shakhrinav 1.Tursunzade 1.Tursunzade 1.Navobod 2.MirzoRizo 3.Dehqonobod 4.Chuzi 5.Sabo 6.Selbur Jamoats 1. Choryakkoron 2. Khonaqo 7.Shakhrinav 1.Qaratogh 2.Seshanbe 1. Gharav 2. Navobod 3. 1 st May 22. Summary of Impacts. Widening will take place for Section 2 (West Gate to Gissar Junction), Section 3 (Gissar Junction to Shakhrinav) and Section 4 (Shakhrinav to Tursunzade), which will require additional land acquisition and resettlement. Section 5 (Tursunzade to the Uzbekistan border) will comprise rehabilitation and improvement of the existing two lane road, and requires land acquisition and resettlement at certain points. Figure 1 Project Location Map 1.5 LARP Background 23. The preparation of the LARP for the entire Project involves the following stages: 1. Initially, Draft LARP was prepared in early 2010, based on the preliminary design prepared as part of the advanced feasibility study for the Project. It was prepared under the assumption that the whole land acquisition and resettlement process will be implemented in one stage, after the contractor completes the detailed design. Considering the time necessary for the finalization of the road alignment and detailed design for the entire road, the preparation, scrutiny and implementation of a single stage LARP would take at least 8 months after the award of the civil works contract. To enable the contractor to commence the works in 2011, during the Contract for Preparatory Procurement and Safeguard Support Services, which started in October 2010, MOT decided to finalize the road alignment on four longer road segments, based on the preliminary design. Such a ‘fixing’ of the design corridor facilitated the finalization of LARP I. 2. LARP I is based on the final measurements conducted in the period November 2010 - January 2011. The measurements were taken with reference to the fixed road alignments (road centerline and offsets). The LAR survey team comprised an international resettlement specialist, two local social specialists, a local engineer, a surveyor and additional field support staff provided by hukumats. Representatives of the responsible hukumats, Inter-district Bureau for Technical Directory (MBTI) and representatives of the Land Committees and the State Committee on Investment and State Property Management of the Republic of Tajikistan worked together with the LAR team. 18 3. LARP Phase II will include the road segments for which the alignment is finalized, but which are shorter than 4.4 km as well as the other road segments, which require completed detailed design. Consequently, LARP II will be finalised only after the entire road alignment is finalized by the contractor. 1.6 Detailed Survey and Measurement Procedure 24. During the preparation of LARP I, the team measured the offsets from the fixed road centerline at cross-section points spaced at 25-50m. Where an entire structure was affected because a negligible part of land was required for embankment or another part of the road, the engineers noted the location and amended the preliminary design by adding a retaining wall or they changed the road centerline where it was practicable. Such practice saved a number of existing walls and structures along the road. 25. Each affected owner was present during the measurement of the affected assets. The owner him/herself (where it was practicable) actually measured the assets and gave the information on trees and other affected assets. Special attention was given to the recording of the affected assets. Three copies of the resettlement form were prepared for each resettlement case. The resettlement form was completed immediately after the measurements were done and in presence of the owner. When completed, the form was given to the owner for checking. If the owner agreed with the measurements, s/he signs the form. In case of disagreement, the measurement was repeated jointly with the owner. In addition, the measurement form was verified and signed by the Hukumat representative and by a local resettlement specialist (CRP Representative). Each of the signatories received one copy of the measurement form for their records. 26. Apart from the physical measurements of affected assets, the information on entitlements, rights and procedure for complains and other relevant information, were given to each affected person, regardless of the information received during the Draft LARP preparation. Photographs of each affected assets were also taken and filed with other records for each land acquisition or resettlement case 27. Every resettlement case was checked against the information included in the draft LARP. All additional cases (due to the fixed road alignment) were recorded as new cases. Conversely, if the detailed survey showed that a property that was already recorded in the Draft LARP, was not going to be affected any more, due to the precise measurement or a changed design, the owner is informed and the case taken off the list. 28. Public Consultation and Due Diligence. The draft LARP and the LARP I are prepared in consultation with the stakeholders, especially the local people. Information about the Project and the cut-off date for compensation claims were well publicized in the local media during the preparation of the Draft LARP. The assessment of losses and land acquisition is based on the feasibility study conducted during the preparation of the Draft LARP and the exact measurements of the affected assets done during the finalization of the LARP I. The district authorities have ratified the survey results. 2. BASELINE INFORMATION ON LAND ACQUISITION AND RESETTLEMENT 2.1 General 29. The Preparation of the LARP was based on an extensive Impact survey and census of the AP. The survey was concluded on November 29,2009. This date is held as the entitlements cut-off date for this LRP. This section covers the baseline information on the Project’s land acquisition and resettlement impacts.. The compensation and rehabilitation measures, and the cost estimates were prepared based on this information. 2.2 Impact Assessment 2.2.1 Agricultural land 30. The first phase of land acquisition will affect 138 land parcels of agricultural land for a total of 15 hectares. Most of the acquired land area is used for annual crops cultivation. In Table 2.1, the number of agricultural plots and affected households is shown in the same columns. It should be noted that, for practical reasons, Collective Dekhan Farms and Supportive Farms, which can be owned by thousands of persons, were counted as one household. There was a total of 10 such farms (refer to Table 2.3) Table 2.1 Affected agricultural land by cultivation type Segment 1 Segment 2 Segment 3 Segment 4 Total Type of Cultivation Area (m 2 ) No.of plots/ HHs Area (m 2 ) No. of plots/ HHs Area (m 2 ) No,of plots/ HHs Area (m 2 ) No. of plots/ HHs Area (m 2 ) No. of plots/ HHs Annual Crops 21,225 5/5 31,895 62/62 40,300 36/36 41,024 30/30 134,444 133/133 Orchard - - - - 11,600 4/4 - - 11,600 4/4 Vineyard - - - - 4,000 1/1 - - 4,000 1/1 Total 21,225 5/5 31,895 62/62 55,900 41/41 41,024 30/30 150,044 138/138 2.2.2 Residential and commercial land 31. Under the first phase of the LAR, 6,985.30 m 2 of residential and commercial land will be acquired for the Project, affecting 81 plots of land. The following table shows the survey and detailed measurement data of the affected properties provided by the district administration. 20 Table 2.2 Affected residential and commercial land 2 Road segment 1 Road segment 2 Road segment 3 Road segment 4 Total Area (m 2 ) No of plots/ HHs Area (m 2 ) No of plots/ HHs Area (m 2 ) No of plots/ HHs Area (m 2 ) No of plots/ HHs Area (m 2 ) No of plots/ HHs 2,045.26 18/18 1,155.10 12/12 3,064.44 15/15 720.50 36/36 6,985.30 81/81 2.2.3 Property status of affected land 32. Agricultural Land. Based on the bundle of rights granted to land users, the affected agricultural land can be categorized as (i) collective Dekhan Farms, (ii) Individual Dekhan Farms, (iii) Family Dekhan Farms, (iv) Presidential Land and (v) Supportive Farms. Dekhan Farms are those for which full user rights, but not the ownership, are given either to individuals (Individual Dekhan Farms) or to groups (Collective Dekhan Farms). Similarly, under the Presidential decree, certain persons were granted only user’s rights over the Presidential Land, but not the ownership. Supported Farms include the land provided to different government institutions for self-assistance to their members and employees. 33. Most of the acquired agricultural land belongs to Individual Dekhan Farms (60 cases) or it is a part of Presidential Land (56 plots), while the other categories are less affected. All affected land users possess legal land rights over the land that will be acquired for the project. The property status of the affected agricultural land, by road segment, is given in the following table. Table 2.3 Affected agricultural land Road segment 1 Road segment 2 Road segment 3 Road segment 4 Total Type of ownership Area (m 2 ) No of plots Area (m 2 ) No of plots Area (m 2 ) No of plots Area (m 2 ) No of plots Area (m 2 ) No of plots Presidential - - 2,445 27 1,200 12 2,602 17 6,247 56 Individual Dekhan Farm 7,100 3 8,020 34 5,800 11 31,767 12 52,687 60 Family Dekhan Farm - - - - 11,900 12 - - 11,900 12 Collective Dekhan Farm 14,125 2 21,430 1 36,100 5 6,655 1 78,310 9 Support Farm - - - - 900 1 - - 900 1 Total 21,225 5 31,895 62 55,900 41 41,024 30 150,044 138 2 As in Table 2.1, for comparison purposes, the number of agricultural plots and affected households is presented in the same columns. 34. Residential Land. Under articles 11 and 12 of the Land Code, the holders of residential and commercial land have permanent and inheritable use rights. The summary information on the extent of the affected residential and commercial land is shown in Table 2.2. 2.2.4 Annual crops 35. Wheat, Lucerne and cotton are the most frequently cultivated annual crops on the affected land. The least affected crops are potatoes and onions. More annual crops are affected on road segments 3 and 4 than on the segments 1 and 2. The distribution of annual crops on the affected land is presented in Table 2.4. Table 2.4 Crops impacts by crop type and area and segments Affected area (m2) Road segment 1 Road segment 2 Road segment 3 Road segment 4 Crops 7.55 km - 14.12 km 17.06 km - 21.5 km 26.5 km - 34 km 43.8 km - 61.55 km Total % Wheat - 17,130 35,800 7,944 60,874 42.96 Lucerne 20,725 11,950 800 - 33,475 23.63 Onion 500 540 2,500 2,475 6,015 4.25 Vegetables - 2,225 1,000 - 3,225 2.28 Tomatoes - - 200 - 200 0.14 Potatoes - 50 - - 50 0.04 Paddy - - - 7,244 7,244 5.11 Cotton - - - 30,605 30,605 21.60 Total 21,225 31,895 40,300 48,268 141,688 100 2.2.5 Perennial crops 36. As shown in Table 2.1, 11,600 m² of orchards will be lost on four plots and 4,000 m² of vineyards on one plot of land. In total, 283 fruit trees on residential plots will be removed in the first phase of LAR. The most affected trees are small cherries (74), grapes (44) and pomegranates (39), (Table 2.5). Trees, which could be safely replanted, were not counted as affected. The average price for 1 kg of fruit on residential and agriculture land varies for different sorts of the same fruit type (i.e. price of grapes and apples). 22 Table 2.5 Fruit trees on residential' plots Affected fruit trees Unit Road segment 1 Road segment 2 Road segment 3 Road segment 4 Total Average yearly yield (kg/ per tree) Average market value of product (TJS/kg) Years for tree replacement Apple / Себ No 2 11 3 2 18 40 4 3 Cherry / Гелос No 4 - 12 1 17 25 5 2 Small cherry / Олуча No 26 - 42 6 74 20 4 2 Peach / Шафтолу No 1 - 1 - 2 15 5 2 Apricot / Зардолу No 3 5 8 - 16 50 2 2 Pomegranate No - - 39 - 39 25 6 2 Walnut tree / Чормагз No 19 5 10 - 34 50 6 4 Grapes / Ангур No 10 2 23 9 44 25 6 4 Mulberry /Тут No 5 3 5 - 13 30 3 2 Khurmo No 20 - - 6 26 50 1 3 Total 90 26 143 24 283 37. Fruit trees on agriculture land are found only at Dekhan farms along the road segment 3 (refer to Table 2.6). In total, 231 fruit trees will be cut and removed during the phase I of LARP. The time to re-grow a new fruit tree varies from 2 to 4 years. The total yearly production loss will be 7,455 kg of fruits. Table 2.6 Fruit trees on agriculture land Fruit trees Dekhan farms' land (m²) Number of trees Average production (kg/per tree) Total yearly production (kg) Value of 1 kg of at average market price (TJS) Annual fruit value to be compensated (TJS) Years for tree replacement Peach 300 22 25 550 5 2,475 2 Grapes 1,400 35 25 875 5 4,375 4 Cherry 4,000 62 25 1,550 5 7,750 2 Apple 9,900 112 40 4,480 3 13,440 3 Total 15,600 231 115 7,455 28,040 2.2.6 Structures and buildings 38. The land acquisition will affect a number of residential and commercial buildings, sheds, building attachments and structures such as walls and fences. In total, 161 structures will be affected during the LARP I phase. A summary of the affected buildings by category and type for each road segment is given in Table 2.7. Information on the affected walls, fences and other miscellaneous assets is summarized in Table 2.8. Table 2.7 Affected buildings, shops, sheds and outbuildings Road segment 1 Road segment 2 Road segment 3 Road segment 4 7.5 km - 14.1 km 17.1 km - 21.5 km 26.5 km - 34 km 43.8 km - 61.5km Total for LARP I Affected buildings per type Volume m3 No Volume m3 No Volume m3 No Volume m3 No Volume m3 No Multi- storey - - 451.4 1 - - - - 451.4 1 Single floor cement 201.3 2 180.5 4 - - 27.5 1 409.3 7 Single floor burnt -brick 676.4 3 133.9 1 624 1 - - 1,434.3 5 Single floor mud-brick 84.7 1 160 3 - - 33 1 277.7 5 Single floor mud-walls 96 1 105 1 327.6 1 192 1 720.6 4 Sheds/area m² 166.5 8 83 2 54 3 55.5 2 359 15 Outbuildings (toilets, barns, cattle barns, etc.) 1,113.0 19 298 5 397.3 9 336 8 2,144.3 41 Total 2,337.9 34 1,411.9 17 1,402.9 14 644 13 5,796.6 78 Sheds are calculated in m 2 , while buildings and out buildings (toilets, barns, etc.) are assessed in cubic meters (m 3 ) Table 2.8 Affected walls, fences and miscellaneous items Road segment 1 Road segment 2 Road segment 3 Road segment 4 7.5 km - 14.1 km 17.1 km - 21.5km 26.5 km - 34 km 43.8 km - 61.5 km Total for LARP I Wall, fences and miscellaneous items Volume m3 No Volume m3 No Volume m3 No Volume m3 No Volume m3 No Concrete Wall 56.7 6 37.9 7 41.5 6 49.2 11 185.3 30 Cement blocks wall 70.7 4 22.1 3 71.3 5 67.9 8 231.9 20 Burnt Bricks Wall - - - - - - 2.0 1 2.0 1 Mud-bricks Wall 17.5 2 28.3 4 3.5 1 18.3 3 67.5 10 Mud wall 79.9 4 14.4 2 - - 175.9 5 270.2 11 Wire netting fences sq. meter - - - - 80.4 2 10.0 1 90.4 3 Metal sheet fences sq. meter - - - - 96.0 2 52.8 2 148.8 4 Concrete surfaces 15.6 2 - - - - - - 15.6 2 Ovens 13.3 1 - - 2.0 1 - - 15.3 2 Total 254 19 103 16 295 17 376 31 1,027 83 2.2.7 Impact on community and government structures 39. During the implementation of the LARP I, two police posts, (Rudaki and Gisor), one storage building of the local Road and Communication Maintenance Department, garden walls 24 of two mosques and three cemetery walls will be affected. The police posts will be rebuilt on the remaining portions of the plots. The land acquisition will affect only marginal area of the land plots on which mosques or cemeteries are located; however, it will not affect any graves. As discussed with the district hukumats and administrators, the government will pay all cost of rebuilding/repairing the affected community structures and government facilities. Accordingly, these costs are included in the budget. 2.2.8 Impact on businesses 40. Nine businesses will be affected during the LAR I activities. These businesses are owned by 6 persons: 3 persons own a single business, and another 3 persons own 2 affected businesses, each (refer to Appendix 8). Only one person, who operates 2 businesses on a single plot of land need to be relocated and the relocation plot has been already assigned. The total area of that plot of land is 173m2 and the owner will be relocated to a land plot of 600m2. 41. The remaining 7 businesses have minor area of land affected and will be compensated on a cash-for-land basis as the remaining area of the buildings and the location allowes for shops reconstruction. The affected businesses which do not need relocation, can be restored in a relatively short time. All affected business will be compensated for the loss of income, losses due to a possible stoppage of work, resettlement costs during the transition period and transport costs, where applicable (for details, please refer to section 10). 2.2.9 Impact on employment 42. No commercial employees were identified in the Project area. All affected businesses are small-scale business and are operated by owners and family members. 2.3 Census of Affected Households/Persons 2.3.1 Total Affected Households/Persons 43. A summary of Affected households and persons is presented in the following table. Table 2.9 Affected Households and Persons by Category and Impact Number of Affected HHs Category of Impact (x impact type) Absolute (Without double counting) Net Number of APs Remarks A. Land A1. Residential / Commercial land 81 81 648 A2. Agricultural Land 138 137 1,096 Sub-total (A) 219 218 1,744 B. Crops /Trees B1. Loss of Crop Bearing Land 176 0 - Included in A1 and A2 Sub-total (crops) 176 0 - C. Business/Income Losses C1. Small business losses 9 0 - Included in A1 Sub-Total (C) 9 0 - D. Permanent Structures D1. Residential / Commercial / Community Structures 78 0 - Included in A1 Sub-total (D) 78 0 - E. Total (A+B+C+D) 218 1.744 44. The special focus of the resettlement and compensation surveys was on the woman- headed households. There are 45 affected woman-headed households and 173 affected couples’ households. The gender-segregated data by impact category were not collected separately. Assessment of impact on both, men and women, was based on the number of affected households. The rationale behind this approach was that the whole families were affected regardless of gender, age or dependency. 2.3.2 Severity of impact 45. The adopted threshold for severe impact is 10% of one year’s income. The holders of the rights to use agricultural land who lose more than 10% of their plot are deemed to be severely affected. In the first phase of the resettlement process, 51 household will lose more than 10% of their agricultural land. In case of business losses, the Affected households will receive a full year’s income and it is therefore assumed that the severity of impact is addressed by that compensation. The number of Affected households by segment is given in the following table. 26 Table 2.10 Severity of impact Number of Households Severity of Impact Road segment 1 Road segment 2 Road segment 3 Road segment 4 Total Loss of agricultural land >10% - 20 14 17 51 Relocated AP 1 1 1 3 Total 1 21 15 17 54 2.4 Impact on Vulnerable Households 46. Vulnerable households are those formed by poor people and /or headed by single women. The categorization of poor is based on the reported income data collected during the census survey. The poverty line is taken as TJS 180 per month, based on the poverty line published in the World Bank Country Briefing for Tajikistan (2009) of $ 41 per month, and an exchange rate of TJS4.41 per USD. Overall, 28 woman-headed households will be affected by LARP I. Out of these, eleven households live below the poverty line. There are 17 woman- headed households, which are, according to the set vulnerability criteria, assessed as not being vulnerable. The total number of vulnerable households in the first phase is 69. The information on vulnerable households by road segment is given in the following table. Table 2.11 Vulnerable households Number of Affected Households Vulnerability Road segment 1 Road segment 2 Road segment 3 Road segment 4 Total Below poverty line only - 28 15 15 58 Both woman headed and below poverty line 1 2 2 6 11 Total 1 30 17 21 69 2.4.1 Ethnic composition of affected households 47. The population of the entire Project area is made up of Tajik and Uzbek people. Out of the affected households, 82.4% are Tajik, 17.3% Uzbek, and 0.4% Kyrgyz. None of these groups fits the ADB definition of Indigenous People (for a more detailed explanation, refer to sub-section 4.4 of this report). 2.4.2 Family types 48. Most of the households are joint families in nature, in which parents and married children live in the same house. In such households, the senior male is usually the nominated head of the household, and is the one responsible for receiving and distributing compensation payments. 3. LAND COMPENSATION AND RESETTLEMENT STRATEGY AND ACTUAL RELOCATION NEEDS 3.1 Land Compensation Strategy 49. The legally based land compensation method that exists in Tajikistan is compensation with replacement land, or, the land-for-land compensation. The Government and the local population prefer this approach if the adjoining or nearby land to the affected plot is readily available. Furthermore, land market is almost non-existent as people rarely sell their lands. The current practice is to allocate a replacement plot of 800 m 2 (600 m 2 in towns) residential land to citizens affected by land acquisition especially those who have lost significant portions of their plots in land acquisition. For the land used for commercial purposes, the replacement plots may be provided in proportion with the business requirement of the AP. 50. In case of road widening, most holders of the use-rights lose very narrow strips of land. Practical difficulties therefore arise with regard to re-allocation of a new land plot. Contiguous plots with the affected land are seldom available, and the provision of a small land plot far away from the affected plot is not practicable and may not be economically justified. It has to be noted that the identification of plots available for redistribution and comparable in productivity/value to the land lost, may be difficult. Also, the elaboration of a land re-distribution scheme may be very complicated and costly. This applies not only to agricultural land but more generally also to residential/commercial land. 51. Based on the above therefore the Government agreed that for this project Land could be (with a few exceptions detatiled below) compensated in principle in cash. Extensive work was done to justify and operationalize through specific arrangements this new practice which is supported by the precedents of specific Projects such as the Tajikistan-Afghanistan Border transmission line. 52. Beside the need to justify the new practice another challeng was presented by the need to find a legally acceptable methodology for the monetary valuation of the affected Land at replacement costs. This was so because no Tajikistan law/by-law has prescriptions in tis sense and because in the Country there are no official land markets. The issue was easier to solve for agricultural land where replacement value can be derived based on the productive potential of the affected plots but was more complex for residential/commercial land, which is usually prices based on market value anabsence of land markets a different approach had to be found. The two approches chosen for agricultural and residential/commercial land are described in the next sections. . During the Project preparation, several options were considered including paying for land at tax rates, or The valuation approach adopted for the Project for agricultural, residential and commercial land is discussed in the following sections. 3.1.1 Compensation and valuation for the loss of agricultural land 53. The agreed agricultural land valuation mechanism for the Project is based on an assessment of the productivity, or income generation capacity of the affected plots. Valuation is made by considering the value of the product of the land for a period sufficiently long to guarantee the rehabilitation of the affected persons. The critical point in determining the period is that the level of compensation must be sufficient to re-establish livelihood of the APs. The period selected is 5 years at gross market value (inclusive of inputs and labor) of the yearly 28 produce of annual crops land. 3 Such a formula provides a solid capital that the APs can invest to improve the land remaining to them and it can represent land replacement cost. 54. As the land affected by the Project is assigned to the land users based on different types of land-use rights some are individual others are collective) the issue of who was the beneficiary of the compensation for each type of land-use right category had to be elaborated. Details are provided below:. • Individual Dekhan Farms belong to individuals and compensation for any type of affected assets belongs to the individual owner. Accordingly, compensation for affected agricultural land is provided to the owner. • Family Dekhan Farm: Under this category of farm ownership, the land is provided to families which make all decisions on farm use, and any type of compensation or entitlements provided to such farms. In such cases, the head of a family (to whose name the farm is registered) will receive the compensation entitlements. In such cases, it is not possible to interfere into family decision-making processes and require equal distribution of compensation among all family members. However, the whole family uses same assets whether it is a house, a building or a farm. • Collective Dekhan Farms are larger farms that include land, buildings, machinery and other resources belonging to a group of people. Each member of a collective Dekhan Farm has equal rights and responsibilities within the farm and is entitled to equal share of all farm assets. All decisions are made collectively at monthly or any other meetings of the farm’s members. Any individual or a group of individuals within the collective Dekhan Farm has the right to establish their individual or a smaller collective Dekhan Farm. However, these kind of issues have to be formally discussed by the farm members at a general meeting. Such individuals/groups have the right not only to land but also to other assets of the collective farm, such as machinery, buildings, funds, etc and their share is divided at the general meetings. Any compensation payable to a collective Dekhan Farms, as any other asset, belongs to all members who have equal share of the compensation. The received amount of money will be distributed among the members of the Dekhan Farms or invested in the farm development, depending on the collective members’ decision. • Supportive Farms include the land provided to different government institutions regulated by special rules and use requirements. In some cases such land plots are used by employees of these institutions for cropping and supporting the institution and people’s own livelihoods but without any ownership rights. It means that when an employee leaves institution, his/her rights and responsibilities for the use of such lands end. The compensation for the loss of land in this category is provided to the institutions which own the land of a supporting farm. 3 In absence of available market prices for agricultural land, it is difficult to determine whether the land use rights allowances actually correspond to land replacement cost, which is the ADB SPS policy provision ensuring the AP's rehabilitation. For the Project, AP rehabilitation is pursued by providing 5 and 1 years of income for annual crops land and perennial crops land, respectively. The methodology used is based on undiscounted gross income (which with productive expenses estimated at 50% of the land annual income is assumed to be the double of the annual profit). These amounts provide the APs with a capital which can be reinvested in their remaining land or in other investment opportunities. Considering that all APs will retain most of their plots and that their livelihood is not threatened, this capital is deemed sufficient to allow for the full rehabilitation of the agricultural land losses caused by the Project. 3.1.2 Compensation and valuation for the loss of residential/commercial land 55. The valuation of these land categories presented particular challenges as residential and commercial land has no intrinsic productive value. Various options were considered. One was to hire independent assessors to devise an acceptable valuation methodology but was then discarded because too complicated and difficult to apply legally in the context of the Project. Most of the independent assessors available in the country focus on mass valuation for taxation purposes and for the establishment of lease payments. Another option considered was to compensate this land as agricultural land planted with a standard crop plus the replacement value of improvements such as house embankment water supply and electricity supply. Also this option was consired unsatisfying and un-fitting the principle of replacement cost. A final option was considered and agreed as an interim measure with the Land Committee. This is that when losses of residential/commercial land are too small to be practically compensated via replacement plots cash compensation could be provided. In absence of official market rates the valuation methodology agreed considers the annual lease value of the land and based on international standards on the average number of years of lease payments necessary to pay for the asset. Based on this approach the users of residential/commercial land will be paid the current lease rate project areas ($1,000 per hectare) multiplied by 25 years, 4 . This compensation corresponds to a unit rate of $2.5 per m 2 . 56. This compensation approach was explained to and discussed and agreed with the affected persons during the community consultations held in each Rayon before the finalization of LARP. 3.2 Relocation Strategy 57. The resettlement strategy formulated for the Project is based on different principles for losses of agricultural/orchard land and for losses of residential/commercial land. 3.2.1 Agricultural Land 58. The compensation of this type of land is based on cash compensation only. This approach has been chosen since the unit impacts are too small to justify both logistically and economically the provision of replacement plots. 3.2.2 Residential/commercial Land 59. For this type of land the main compensation strategy is plain cash compensation. However, in a very few cases, where relocation of the occupants of these plots is necessary a, land for land compensation approach with serviced relocation plots has been adopted. The relocated families will also be paid a cash allowance for the resettlement costs and other related entitlements. This strategy responds to the need of minimizing resettlement as much as practicable. The affected households losing a house or a shop and retaining enough space in the original plot to rebuild their buildings will not be relocated. In such cases, the affected household will reconstruct their lost buildings in the old plot and receive compensation in cash for the section of the plot lost.. 4 The allowances for the loss of residential land based on 25 years of rental income. This reflects the average rental income period needed to recover the full value of land in most countries of the world. 30 Only APs who will not have enough land left to rebuild their houses/shops on the same plots after land acquisition, will be relocated. 60. The households that will not have enough space in the original plot to reconstruct their buildings and will be relocated will be provided with replacement plots of 600 m 2 ()for residential houses) and of variable area fitting actual needs (for shops). This is the best compensation option, as in project areas there is hardly any free residential/commercial land on sale. The Hukumats will allocate the replacement plots to the APs in their original settlement; commercial plots will be along the road. Expenses for the relocation of utilities, land clearing/filling, sanitation and land registration will be paid by the Project. The AH provided with replacement plots will be allowed to retain use-right on their non-affected portion of their old plot for small-scale roadside livelihood activities. 3.3 Detailed Resettlement Scheme for Residential and Commercial Land 3.3.1 Cash compensation without relocation 61. Seventy three (73) residential and 5 commercial land plots hosting 7 businesses, affected by land acquisition will be compensated based on the cash-for-land principle because the affected individual land areas are too small to be compensated on a land-for-land basis and because this will mitigate resettlement. Details on these plots are provided below in Table 3.1. Table 3.1 Affected residential/commercial land (cash for land compensation) No of HHs Land category Total affected area (m2) Cost TJS/ m2 Total compensation TJS 73 Residential 6,031.05 11 66,341.55 5 Commercial 185.25 11 2,037.75 Total 78 6,216.30 68,379.30 3.3.2 Compensation via Land for Land arrangements and Resettlement 62. Only 3 households will be relocated and receive a replacement plot..These are 2 households with a residential house and 1 household with a business/shop (see table 3.2). In two cases, the affected persons will receive significantly larger new plots, while one household will receive a replacement plot of the same size as the affected plot. Overall, for the 813 m2 of the affected land, the Project will compensate the affected persons with 1,800 m2 land. Table 3.2 Land for Land Compensation (AH number and plots comparison) No of HHs Land category Road segment Size current plot (m2) Affected area (m2) Size replacement plot (m2) Case 1 Residential 2 147 40 600 Case 2 Residential 3 600 600 600 Case 3 Commercial 1 173 173 600 Total 920 813 1,800 63. The replacement plots to all three households are provided in the newly built village in Khirmanak area of Khonakhoh Jamoat in Gissar district. The plan of the replacement plots is given in Figure 3. The relevant original and translated letters from the local authorities are provided in Appendix 13. Figure 3 Plan of the Replacement Plots in Gissar District LEGEND (English translation of the legend to the general layout of the newly built village) A – Parking area Б – Playing (sport) ground 32 В - School Г – Medical point Д – Public (communal) Center Е – Allocated land area for the resettled businesses К - Kindergarten И – Garbage disposal point Л – Tea place (canteen) М – Electricity supply transformer Н – Garbage disposal point Location of replacement plots each 600 sq. meter provided for the affected households loosing residential plots. 64. The village is well planned and the plots have easy access to basic services. In addition, the village has a parking area, sports ground, school, medical post, kindergarten, community center, canteen and garbage disposal place. Each replacement plot will be provided with all necessary services as electricity, water-pump and sanitation facilities. All AP received an offer for the replacement plot and signed an acceptance of the offer (refer to Appendix 14). 65. Plots Preparation Costs. Table 3.3 summarizes the preparation cost for the 3 plots.: Table 3.3 Plot preparation cost Service Cost/plot (TJS) Total for all three plots Electricity 900 2,700 Water-pump 1,350 4,050 Septic tank 1,350 4,050 Total 3,600 10,800 66. Plots Preparation Schedule. All three plots are already prepared and the services will be connected/prepared within 4 weeks from the approval of LARP I by the Government and ADB. ‐‐‐ 4. SOCIO ECONOMIC PROFILE OF THE AH 4.1 General 67. Socioeconomic survey was conducted during the preparation of the Draft LARP. The data collected by the survey and its findings were reported for the entire Project area. In order to enable the contractor to commence the works in 2011, during the implementation of the Contract for Preparatory Procurement and Safeguard Services, it was decided that the Employer acquires and hands over the land for the Site to the Contractor in two stages. The particulars of the Site for each stage are stated in the Site Handing Over Schedule that will become part of the contract with the Contractor. For this reason, LARP was divided into two separate phases, which correspond to the stages of the handing over of the Site. However, the findings of the socioeconomic survey cannot be separated into the two phases of the LARP. Therefore, the following socioeconomic analysis refers to the entire affected population living along the Project road and it is common to both phases of the LARP. 68. The socio economic analysis of the affected households is based on a sample survey undertaken between January and April 2009. In addition to the demographic and social data collected during the census survey, socio-economic information was collected from APs through a structured socio-economic questionnaire. At the time of the survey, which preceded preliminary design, 430 households were identified as potentially affected. After the completion of the feasibility study, the impact corridor was narrowed and the number of APs was reduced to 377. The original survey sample, however, was retained as it broadens the survey database. 69. However, the final measurements done for the road segments during the preparation of LARP I and preparation of the Draft LARP II, (November 2010-January 2011), reveals that in total, 419 households will be affected along the Project area. The first phase of LARP includes 218 affected households. The second phase of LARP includes 144 households along the road segments where the exact measurements are finished, and 57 households on the road segments for which the extent of the resettlement will be determined after the detailed road design is completed. 4.2 Socio Economic Details 70. The following section deals with various socio economic indicators of the households and the findings of the socio-economic survey. 4.2.1 Sources of income 71. About 26% of the surveyed families stated that agriculture is their main economic activity. Business and trade are the main economic activities for 12% of the households and another 13% of the surveyed depend on white-collar jobs, such as work in the Government sector. Approximately one third of the surveyed households (32.3%) reported other activities as their major economic activity. The details are given in the following table:. 34 Table 4.1 Major economic activities of affected households Major Economic Activities Total No. of Households Percent Agriculture 112 26 Agricultural labor 3 0.7 Small enterprise 25 5.8 Government 53 12.3 Business and trading 51 11.9 Transport/taxi 23 5.4 Daily Wage 24 5.6 Others 139 32.3 Total 430 100 4.2.2 Landholding status 72. The overwhelming majority of the surveyed households (95%) in the Project area possess land, while the remaining 5% are landless. The total area of landholdings of the 406 surveyed households is 539.03 hectares (the average landholding is 1.32 hectares). About 94% of the land is cultivable. Average cultivable land holding is 2.76 hectares and the average of uncultivable land holding is 0.64 hectares. Table 4.2 Types of landholding Type of land Total holding (Hectare) Average holding (Hectare) Cultivable (irrigated) 463.83 1.29 Cultivable (non-irrigated) 43.71 1.47 Non cultivable (Irrigated) 22.04 0.08 Non cultivable (non Irrigated) 9.52 0.56 Total irrigated land 485.8 1.19 Total non irrigated land 53.23 1.33 4.2.3 Major cropping pattern 73. Vegetables and wheat are the major crops in the Project area. About 69% of the households reported vegetables cultivation, and 33% cultivate wheat. Other crops such as rice are cultivated by 11% of the households, maize by 10% and cotton is reported by 8% of the households. Cotton is mostly cultivated in the area by a small number of larger concerns. Table 4.3 Major cropping pattern Crop No of households Percentage Average yield (kg) Wheat 142 33.00 1,213.00 Rice 48 11.20 934.30 Maize 43 10.00 2,057.80 Vegetables 296 68.80 735.80 Cotton 33 7.60 4,899.60 Others 75 17.40 221.80 4.2.4 Household income 74. Agriculture is the highest contributor to the annual income (TJS 27,798), followed by business contribution with average of TJS 13,217.80 per year. The overall average annual income of the households along the Project area is TJS 10, 871.53. Table 4.4 Household income Sources of income Average income (TJS) Agriculture 27,798.00 Service 6,964.10 Business 13,217.80 Labour 8,188.90 Professional 6,555.90 Pension 1,661.80 Any other 11,714.30 Total average 10,871.50 4.2.5 Household expenditure 75. The total average annual household expenditure is TJS18, 562.5. People spend the highest amount of money on food (43.43%) followed by clothing, transportation, agricultural produce, and health. Table 4.5 Household expenditure Expenditure Average annual amount spent (TJS) Percentage Food 8,062.60 43.43 Transportation 1,733.75 9.34 Clothing 2,082.98 11.22 Health 1,144.26 6.16 Education 592.87 3.19 Communication 551.39 2.97 Social functions 778.29 4.19 Agriculture (seeds, hiring farm implements etc.) 1,683.94 9.07 Fuel for household 978.02 5.27 Electric Bill 362.35 1.95 Others 592.06 3.19 Total Average 18,562.51 100 4.2.6 Poverty 76. The average size of the surveyed households is 8 persons. Based on the poverty thresholds published by the World Bank for 2009 ($41/month), a household of this size would need the minimum annual income of TJS 20,300 to stay beyond the poverty line. Based on the 36 reported income data provided by individual households during the survey in October– December 2009, 52% of the households were identified as poor. This is comparable with the poverty headcount data for the region available from the State Statistical Committee. 77. The assessment is based on 2000 census data and the living standards survey conducted by the World Bank in 2003, which gives the following poverty headcount data for the Project districts: Rudaki –40 to 50%, Gissar – 20 to 30%, Shakhrinav –30 to 40% and Tursunzade –30 to 40%. It is likely that during the surveys, many respondents reported approximate income data, which do not reflect the actual household income over the year. 4.2.7 Household assets 78. Most of the surveyed household reported livestock as their assets. Around 63% of the households possess sheep and goats, 29% has donkeys, 10% poultry and only 3.5% have cows and buffalos. Possession of durable goods differs from household to household depending on the nature of the durable goods. At a minimum, most households possess a television set and an LPG connection. Refrigerators and radios are owned by nearly half of the households. A very small number of households have assets such as computer (8%) or refrigerator (11%). About 50% of the households possess a car. Table 4.6 Household assets Item No. of Households Percentage Radio 206 47.9 Bicycle 121 28.1 Television 417 97 L.P.G connection/ gas cylinder 368 85.6 Computer 34 7.9 Refrigerator 201 46.8 Washing Machine 86 20.1 Motor cycle/Scooter 9 2.1 Car 216 50.2 Air Conditioner 46 10.7 Sheep and Goats 271 63 Poultry 44 10.2 Donkey 124 28.9 Large Animals (Cows/Buffalo) 15 3.5 Total 430 100 4.2.8 Indebtedness 79. Indebtedness among the households in the Project affected area is a common occurrence. About one third (32.6%) of the households stated to have taken loans in the previous year. The loans have been obtained from different sources for various households’ needs. Few households receive benefits from government assistance schemes. Only 12 households out of 430 included in the survey reported that they participate in or receive benefits from such schemes. 4.2.9 Access to health centers 80. Some 97% of the households stated that they have easy access to health centers. Over a third of them have a health centre within 1 km. Only 5.8 % of the respondents must travel more than 10 km to reach a health centre. The average home-health center distance is 3.7 km. Table 4.7 Distance of the health centre Distance Number of Households Percentage Within 1 km 142 34.1 1.1 to 2 km 87 20.9 2.1 to 3 km 63 15.2 3.1 to 5 km 44 10.6 5.1 to 10 km 56 13.4 more than 10 km 24 5.8 Total 416 100 Average distance 3.7 km 81. About 42% of the surveyed reported that a household member suffered from a major illness in the year preceding the survey, whereas 58% did not face any major illnesses. 4.2.10 Migration pattern 82. Temporary migration for work is equally prevalent in the Project influence zone. About 43% of the surveyed households reported that the household members seek work away from home. Most workers who work away from home do so outside the country. About 97.3% of the migrant workers migrate out of Tajikistan, while only a small percentage of respondents (2.7%) migrate within Tajikistan, but outside their district. 83. The majority of the respondents migrate as non-agricultural laborers (48.9%) followed by trade and business workers (6.5%). Agricultural migrant laborers comprise the smallest percentage of migrant workers (1.7%). Earners from about 45.6% of the households migrate every alternate year in search of work and 31.52% migrate once a year. It was also found that earners from about 18.5% of households migrate as and when required to seek job opportunities, and members of a few (3.3%) households migrate once in every three years. 84. Migration between June and August is very high in the Project area. Out of 184 households, 136 households (73.9%) reported migration during this period. Migration rates between April and May and in the winter, between December and February do not differ significantly (11.9% and 14.1% respectively). Table 4.8 Types of jobs Jobs No of Households Percentage Agricultural laborers 3 1.7 Non agricultural laborers 90 48.9 Trade & business 12 6.5 Others 79 42.9 Total 184 100 38 85. The average household income is TJS1,139.46 per month as reported by the 142 households, where family members migrate for work. The rest of the households were unable to provide any information on the actual income received from members who work away from home. 4.2.11 Education and literacy 86. The reported literacy is 100%. Among respondents, 66% of females and nearly 50% of males attended secondary schools. Approximately 23% of males and 6% of females completed higher education at college/university level. Table 4.9 Literacy status Male Female Total Education No % No % No % Pre-school 394 19.4 349 18.6 743 19 Primary 167 8.2 171 9.1 338 8.6 Secondary 1,007 49.5 1,240 66.1 2,247 57.5 College/ university 465 22.9 112 6 577 14.8 Illiterate 1 0.05 3 0.2 4 0.1 Total 2,034 100 1,875 100 3,909 100 4.2.12 Drinking water 87. Local streams are the main sources of drinking water for most of the surveyed households. Out of 430 surveyed households, 166 or 39% of the respondents draw drinking water from streams. However, 15% of the households have access to piped water supply and 6% rely on wells or hand pumps as the source of drinking water. Over a third of the respondents reported using other sources of drinking water. 4.2.13 Sanitation facilities 88. About 98.6% of the households surveyed possess a latrine, while only 1.4% reported that they have a flush toilet. 4.2.14 Domestic fuel 89. Most of the he households use wood as the major source of fuel for cooking (98%). The remaining households use electricity or gas. Most of the households (98.4%) have electricity and an LPG gas connection. However, wood and crop residues are most commonly used as fuel for cooking because of the high price (and low availability) of gas and the high cost of electricity. On average, households have 5.5 rooms but only 2.3 rooms are heated. 4.3 Women in the Local Context 90. A great majority of affected households are headed by a man (84.4%). There are only 59 woman -headed households, which makes 15.6% of the affected households. Women are primarily involved in household level natural resource based activities such as horticulture, sericulture, and animal husbandry (76%). Around 72% reported household work as the main activity. About 8% of the women in the surveyed households participate in trade/business work and only 6% work as agricultural laborers. On further questioning, it was found that 69 (16%) of the respondent households receive income in part from women. Table 4.10 Women’s activities Activities No of Households Percentage Allied activities 328 76.3 Collection and sale of forest products 12 2.8 Trade & business 33 7.6 Agricultural labour 27 6.3 Non agricultural labour 6 1.4 HH industries (tailoring, cooking for sales etc) 12 2.8 Service 14 3.2 Household work 309 71.8 Others 25 5.8 Total 430 100.0 91. Women participate equally in household decision-making (99.5%). The survey revealed that women play an active role in the family. The survey data on women participation in decision-making is given in the following table. Table 4.11 Download 254.31 Kb. Do'stlaringiz bilan baham: |
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