Republic of tajkistan
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- Uzbekistan border Length 4.56 km 13.9 km 20.7 km 10.6 km 11.7 km Construction type
- 2. Compensation Policy
- Type of Loss Basis of Rate Determination
- Contact Details for Inquiry
- APPENDIX 4 CUT- OFF DATE NOTICE Place of issue
- APPENDIX 5 SUMMARY OF CONSULTATIONS
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 94 compensated or rehabilitated. The LARP in Russian will be available for perusal to anyone interested both at the local and at 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, minimized 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. 2. 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 A1-2 Compensation Entitlements Matrix ASSETS AFFECTED PERSONS 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 year 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 Provision of alternative land or provision of cash allowance for loss of land use rights equivalent to land lease rates multiplied by 25 years. 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 cultivation. Cash compensation for wood trees based on volume of wood Income from trees All APs 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 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 is assessed at actual income as per tax declaration or if taxes have not been paid at the maximum non- taxable income. Business or Employment loss; temporary or permanent 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 or affected by relocation) All severely APs 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 or one cash contribution equal to 6 month’s official minimum salary 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 Employment priority in Project-related jobs Vulnerable APs APs below poverty line and households headed by single woman. Cash contribution equal to 2 months’ official minimum salary. 3. Compensation rates for loss of land use rights, crops and trees and buildings Table A1-3: Basis of Compensation Rate Determination 96 Type of Loss Basis of Rate Determination The rate is determined for each individual property, based on the productivity of the affected land. The following formula is applied: Loss of agricultural land 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, or a rehabilitation allowance of TJS 1,386 (equal to six months’ minimum salary) 1. A transportation allowance of TJS 500, and Allowance for households to be relocated 2. An assistance allowance of TJS 693 (equal to three months’ minimum salary) Allowance for vulnerable households An allowance of TJS 462 (equal to two months’ minimum salary) 6. Grievance Mechanism - Resettlement Period The Affected persons have the right to file complaints and/or queries on any aspect of land acquisition compensation and resettlement. To ensure that grievances are properly addressed, a grievance redress mechanism has been established: Step 1: Complaints can be lodged at the MOT district offices/field level where resolution will be attempted with the involvement of Hukumat and Jamoat officers as the representatives of the affected households. A standard grievance registration form was prepared and given for comments and perusal to Hukumats and Jamoats officials. Each complaint must be registered, signed by the affected person and the Grievance Redress Committee representative, and the receipt of received complaint given to the affected person. The set period for complaint resolution is 30 calendar days. Step 2: If during the 30 days period the grievance was not resolved, the affected person (or her/his representative if chosen) should lodge the complaint to the Resettlement Working Group Committee at the Project Implementation Unit. The Resettlement Working group Committee has 14 calendar days to try to resolve the issue. Step 3: If no solution is reached within 14 days, the affected person can submit her/his case to the appropriate court of law. Contact Details for Inquiry M. Negmatov 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: May 2011 98 APPENDIX 4 CUT- OFF DATE NOTICE Place of issue: Rudaki district English Translation of Text: According to the instruction of the Prime-Minister of the Republic of Tajikistan of 20 June 2009, under #52 425 (15-2), to remove the constructed buildings and houses in near by road of Dushanbe -Tursunzoda and necessity of moving the household buildings to other places while reconstruction starts in this road. For solving these problems, the working group was organized by the chairman of the district under order # 117, dated 28 October 2009. Mr. S. Boboazimov is appointed as the Head of the working group. The working group for removing the buildings and constructed houses in the road of Dushanbe-Tursunzoda is giving assignments to the government structures. According to the Project the width of the road comes to 23 meters and it will be 4 lane roads. General Advertisement Issued by PIU: For the attention of the inhabitants of Rudaki, Gissar, Shahrinaw Districts and Tursunzade town, which are located in the roadside of Dushanbe-Tursunzade-border Uzbekistan, this is to inform you that in connection with the rehabilitation of this road, the special committee has identified the damage for household during the realization of Project up to November 28, 2009. Therefore, after November 28, 2009, the construction of all type of structures, tree planting and other is prohibited in the roadside and in case of unauthorized actions, the damage will not be charged by road construction. Ministry of Transport Project Implementation Unit 100 APPENDIX 5 SUMMARY OF CONSULTATIONS Various methods used for public consultation and consultations with concerned stakeholders during the preparation of Draft LARP and LARP I are described in the following table: 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 To inform community about Project and LARP phases To discuss proposed loss of land use right price To inform community about methods of building assessment To get affected persons agreement on assessed assets Affected people from all Rayons, local Hukumats representatives, The State Committee for Investment representatives and other stakeholders To inform affected persons about grievance redress procedure during the resettlement and the construction period. Wide community consultations Numerous formal and informal consultations with stakeholders and local population have been conducted during the preparation of the Draft LARP and during the finalization of the LARP I. The major consultations have been summarized below. 102 DRAFT LARP COMMUNITY CONSULTATIONS Village: Morteppa Jamoat: Khonaqoh District/Rayon: Gissar Participants:23 Date: 28 March 2009 Sl. No Name of the Participant Male /Female Occupation 1 Hakimova Female Chairperson of Munis NGO 2 Hafizov Male 1st 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 Male Farmer 7 Avrodov Tughon Male Farmer 8 Ziyoev Davlat Male Farmer 9 Mirzoeva Sofiya Female Housewife 10 Abdulloev Male Farmer 11 Melikov Male Farmer 12 Azizov Dilshod Male Farmer 13 Salimov Rustam Male Farmer 14 Nurov Rahmatullo Male Farmer 15 Kabirova Female Farmer 16 Hafizova Female Farmer 17 Sadieva Female Farmer 18 Abdiev Male Farmer 19 Samuddinov Male Farmer 20 Yunusov Sharof Male Driver 21 Ghulomov Salom Male Farmer 22 Qanoatov Shafoat Male Farmer 23 Qurbonov Male Farmer 24 Mahmadov Male Farmer 25 Yusupov Bahrullo Male Farmer 26 Akramov Sodiq Male Farmer 27 Ibronov Hokim Male Farmer Village: Shakhrinav Jamoat: Shahraki Shakhrinav District/Rayon: Shakhrinav Participants: 27 Male: 17 Female: 10 Date: 5 March 2009 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 104 Sl. No Name of the Participant Male /Female Occupation 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 Village: Choryakkoron Jamoat: Choryakkoron District/Rayon: Rudaki Participants:33 Date: 6 April 2009 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 Female Deputat from mahalla 106 Sl. No Name of the Participant Male /Female Occupation Sojida 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 Village: Kommuna District/Rayon: Tursunzade Participants: 14 Date: 5 March 2009 Sl. No Name of the Participant 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 District/Rayon: Shahrinav Participants: 30 Date: 14 March 2010 Number Name Position 108 Number 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 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 Number Name Position 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 District/Rayon: Gissar Participants: 30 Date: 15 March 2010 Number 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 110 Number Name Position 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 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 District/Rayon: Rudaki Participants: 38 Date: 17 March 2010 Number Name Position Number 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 District resident 112 Number Name Position Abdurahmon 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 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 Meetings with all APs were held with the participation of Rayon representatives in each districts. There were four meetings and the minutes were recorded. Additionally, meetings with each Jamoat and each kishlak were held in the field without minutes recorded: 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 Tursunzade district List of affected property Issues about the price of affected objects Population (members of Affected Households) along the Road Dushanbe-Tursunzade- Uzbekistan border from Rudaki, Gissar, Shahrinav districts and Tursunzade city ADB Resettlement Policy (that the main purpose is the protection of population needs) Personal interview with affected households MEETING WITH RESETTLEMENT WORKING GROUP 114 Date: 7 October 2009 Time: 9:35 -12:05 Place: MOT Conference Room No Organisation Name Position 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 Inventory Enterprise Shahrinav district 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 Gissar district 116 Ref.# Name, Surname Position Location Inventory Enterprise 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 MOT 1 M.Mirzoev Resettlement Specialist 2 Ms.D.Yakubova Translator Summary of the Draft LARP consultations 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 Affected 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 auxiliary structures in their plots (i.e. fence, borders) will be affected. Business activities of these 7 shops are not expected to be disrupted by 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 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 $1,000 118 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. LARP I COMMUNITY CONSULTATIONS 14. A number of formal and informal consultations with affected communities and other major stakeholders were conducted during the preparation of the LARP I. Local Hukumats and Jamoats, Land Committees representatives, MBTI and The State Committee on Investment and the State Property Management of the Republic of Tajikistan representatives, were working and consulting with the team on a daily basis from December 2010 to January 2011. A brief summary of the major consultations with affected people is given below. Date: January 24, 2011 Location: Jamoat Karatog – TURSUNZADE Participants: 42 15. Separate consultations, for each of three Jamoats in Tursunzade Hukumat, were planned. However, almost all of the affected persons came to the first consultations. In addition, a number of non-affected persons attended the consultations. 16. The following information was given to the affected persons: short information about the Project LARP phases affected persons’ rights to compensation grievance redress mechanism bases and process for determination of prices for buildings, fruit trees, agricultural, residential and commercial land 17. The majority of questions were related to prices of building material and basis for valuation of buildings and outbuildings. Affected persons were checking if prices of building material were the market prices. There were no questions on residential and commercial land compensation rate. Also, compensation for agricultural land was acceptable for affected persons as the price for agricultural products was based on the current market prices. A great majority of affected persons sell their products at farm-gate prices, which are much lower than the market prices. Consequently, people will receive more money in compensation than they would receive if they sell the crops from the affected part of their land. 18. Those who were satisfied with their compensation, signed the form. Two persons did not sign the form due to the following reason: The first case was related to differences between assets registered during the measurement and the assets registered for compensation. The mistake was corrected. The second case was related to the mill and oil making rooms. The owner claimed that he forgot to show the related part of the building which has access through some holes in the wall. In addition, one small wall between husbandries buildings was not registered. The team re-visited the household, measured the affected assets and gave the details to the State committee for Investment for valuation. Number Name Position 1 Dragica Veselinovic Foreign Resettlement specialist 2 Muzafar Mirzoyev Local Resettlement specialist 3 Faizullo Kudratov Local Resettlement specialist 4 Zafar Local Engineer 5 The State Committee on Investment and State Property Management of the Republic of Tajikistan 6 Jamshed The State Committee on Investment and State Property Management of the Republic of Tajikistan 7 Dzumav Bahran Deputy Rais-Tursunzada 8 Sadikov Bahrulo Karatog Jamoat Land Committee 120 Number Name Position 9 Dzalolov Shavkat Jamoat Administration 10 Tukhtaeva Yorqinoy Affected person 11 Anorov Saidjon Affected person 12 Khidirov Akbarali Affected person 13 Hafizov Abdulvohid Affected person 14 Saidjafarova Najafmoh Affected person 15 Boboev Safar Affected person 16 Huseinov Alisher Affected person 17 Sodiqov Qodir Affected person 18 Khalilov Dodarbek Affected person 19 Haidarov Najmiddin Affected person 20 Meliqoziev Ikhtiyor Affected person 21 Haitnazarov Azamat Affected person 22 Haitnazarova Bunafsha Affected person 23 Masjeed Affected person 24 Kholov Ravshan Affected person 25 Otaev Zafar Affected person 26 Karimova Abruniso Affected person 27 Mirsharipov Mullo Affected person 28 Bobosaidov Haitmurod Affected person 29 Muhibuloev Ahmad Affected person 30 Chaalilov Nematulo Affected person 31 Khanjarov Qurbonali Affected person 32 Kurbonova Mohpocho Affected person Number Name Position 33 Ismatov husain Affected person 34 Boborachabova Hoharhon Affected person 35 Mardonov Ibrohim Affected person 36 Odinaev Nasrullo Affected person 37 Rasulova Mehri Affected person 38 Nurov Muhitado Affected person 39 Chamaev Mavchud Affected person 40 Boboev Baborachab Affected person Date: January 26, 2011 Location: Hukumat RUDAKI Participants: 40 19. Forty persons attended consultations. A number of non-affected persons were present too. The following Information was given to the affected persons: short information about the Project affected persons’ rights for compensation grievance redress mechanisms bases and process for determination of prices for buildings, fruit trees, agricultural, residential and commercial land 20. Affected people were interested mostly in prices for affected buildings. The representatives of the State Committee for Investment explained the basis for buildings valuation. They explained the market prices of various building materials and the method for calculating a price of 1 square and 1 cubic meter of walls including the labour. After discussion, it was concluded that prices given are real and in some cases, a few somoni higher than prices people stated. However, one of the affected persons was not satisfied with the evaluation of his clay-made home and the plot of land he currently posses. The team will re-visit his home and correct the amount for compensation if it was a mistake. The Hukumat Rais promised to give him more land and explained the necessary procedure. 122 21. A few affected persons were concerned for their non-affected assets which may collapse during the construction period. The procedure for claims during the construction period was explained. There was a complaint that the road will come too close to the house and the owner does not like to live that close to the road. The local Hukumat representatives explained the procedure for claiming a new plot of land. 22. Couple of persons whose assets will not be affected, asked why their assets were not taken as they have old walls and old houses and they wish to build new structures. A lengthy explanation was given about the exact measurements and the Client’s intention to minimize resettlement and to acquire land only where necessary. 23. Affected persons were satisfied with compensation for agricultural land and fruit trees. They asked if after received compensation they could take their trees for wood. People were satisfied that they can keep the trees for wood. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures. Number Name Position 1 Dragica Veselinovic Foreign Resettlement specialist 2 Muzafar Mirzoyev Local Resettlement specialist 3 Sharopov Pulod The State Committee on Investment and State Property Management of the Republic of Tajikistan 4 Jamshed Zoirov The State Committee on Investment and State Property Management of the Republic of Tajikistan 5 Safaraliev Sherali Rais-Rudaki 6 Sator Jamoat Administration 8 Hochiev Ravshan Affected person 9 Rahmatov Hairullo Affected person 10 Ganiev Ashobodin Affected person 12 Salimonov Imomali Affected person 13 Odinaeva Gulchehra Affected person 14 Amirshova Rukiamoh Affected person 15 Naimov Habibulo Affected person 16 Mirzoev Chanaidullo Affected person Number Name Position 17 Rahimov Mahmadarchab Affected person 18 Boboev Gulmurod Affected person 19 Buriev Kurbon Affected person 20 Abrorov Saihucha Affected person 21 Hudoiberdiv Saifullo Affected person 22 Bobonazarov Alonzair Affected person 23 Davlatov Murodali Affected person 24 Usmonov Bobokalon Affected person 25 Sharipov Normurod Affected person 26 Sahripov Toshmurod Affected person 27 Suhbatov Nematullo Affected person 28 Ashurov Izatullo Affected person 29 Karomatov Hikmatullo Affected person 30 Mavlonova Safargul Affected person 31 Abduloev Suleiman Affected person 32 Barotov Suhrob Affected person 33 Kanchaev Tavarali Affected person 34 Komilov Igam Affected person 35 Hamdanov Mirali Affected person 36 Muhamadiev Hasan Affected person 37 Barotov Sangin Affected person 38 Odinaev Rahmatullo Affected person Date: January 27, 2011 Location: Hukumat- GISOR Participants: 37 124 24. Thirty-seven persons attended consultations. A number of non-affected persons were present too. The standard information about Project, LARP phases, unit prices and people’s rights was given. 25. Affected people were interested in prices for affected buildings. Gisor is known by construction material businesses and present people were well informed about the construction material market prices. After explanation of the methodology for valuation of buildings and other structures, participants did not have any objections. Three of the affected persons had objections on the valuation of their assets as some basements parts and separation wall between rooms have not been included. The team re-visited each of the affected persons, measured the assets and gave information to the valuer to correct the amount for compensation. 26. Affected persons were satisfied with compensation for agricultural land and fruit trees. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures. People who live with married children demanded land plots for them. Number Name Position 1 Dragica Veselinovic Foreign Resettlement specialist 2 Muzafar Mirzoyev Local Resettlement specialist 3 Sharopov Pulod The State Committee on Investment and State Property Management of the Republic of Tajikistan 4 Jamshed Zoirov The State Committee on Investment and State Property Management of the Republic of Tajikistan 5 Rais-Gisor 6 Jamoat Administration 8 Iskandarov Sobir Affected person 9 Saduloev Mahmudullo Affected person 10 Mansurov Hursand Affected person 12 Rahimova Sayora Affected person 13 Aliev Sadullo Affected person 14 Rasulov Melikmurod Affected person 15 Huseinov Halim Affected person 16 Mazor care taker Affected person Number Name Position 17 Sadridinov Ashobidin Affected person 18 Boboev Hairullo Affected person 19 Hafizov Mizorali Affected person 20 Boboev Lutfullo Affected person 21 Rahimov Hoshim Affected person 22 Hamidov Sirochidin Affected person 23 Miraliev Bozor Affected person 24 Olimov Hamid Affected person 25 Chaborov Ishandar Affected person 26 Chaborov Muhabatshto Affected person 27 Shodmonova Zainura Affected person 28 Kurbonov Begichon Affected person 29 Nosirov Rahmatullo Affected person 30 Rachabov Sadridin Affected person 31 Norova Kumri Affected person 32 Saimudinov Saidullo Affected person 33 Saifidinov Muminchon Affected person 34 Ibronov Halim Affected person 35 Donaeva Zebogul Affected person 36 Boboev Zafar Affected person 37 Rahimov Handullo Affected person 38 Kodirov Abdusator Affected person Date: January 29, 2011 Location: Hukumat- SHAHRINAV Participants: 55 27. Fifty-five persons attended consultations The standard Project, LARP and entitlements Information was given to the affected persons 126 28. Affected people were interested in allowances such as allowance for vulnerable households, compensation for business and the time-frame for resettlement. In addition, there was a question about affected cemetery wall and compensation for that structure. People asked if they can start now with clearing of the affected land and if they will be paid if they clear the land now. 29. After explanation of the methodology for valuation of buildings and other structures, participants did not have any objections. Four of the affected persons had objections on the valuation of their assets. The team re-visited each of the affected persons, did additional measurements and gave information to the valuer to correct the amount for compensation. 30. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures. Number Name Position 1 Dragica Veselinovic Foreign Resettlement specialist 2 Muzafar Mirzoyev Local Resettlement specialist 3 Sharopov Pulod The State Committee on Investment and State Property Management of the Republic of Tajikistan 4 Jamshed Zoirov The State Committee on Investment and State Property Management of the Republic of Tajikistan 5 Rais-Gisor 6 Jamoat Administration 8 Affected person 9 Ustoeva Shahlo Affected person 10 Odinaev Tojiddin Affected person 12 Odinaev Murodali Affected person 13 Yorova Shamigul Affected person 14 Yorov Said Affected person 15 Nematov Alijon Affected person 16 Muzafarov Umar Affected person 17 Rashidov Abdukhalel Affected person 18 Shohimardonov Olimjon Affected person 19 Rahimov Aminjon Affected person Number Name Position 20 Davlatov Yunus Affected person 21 Kholova Melikoy Affected person 22 Ashurov Boboqul Affected person 23 Roziev Ahliddin Affected person 24 Aminov Ilhom Affected person 25 Salomova Tojiniso Affected person 26 Yorov Muhammadi Affected person 27 Donchik Aleksandr Affected person 28 Mirzoev Hasan Affected person 29 Zubaidulloev Tabibullo Affected person 30 Boboev Akmaljon Affected person 31 Ismoilov Isroil Affected person 32 Kenjaev Suhbatullo Affected person 33 Boboev Bahrullo Affected person 34 Qaramirzoeva Orzu Affected person 35 Abdulloeva Misqol Affected person 36 Nazarov Maruf Affected person 37 Rajabov Asadullo Affected person 38 Juraev Saidqul Affected person 39 Tojikmatlubot 1 Affected person 40 Rahimov Saiyod Affected person 41 Akramov Atokhon Affected person 42 Akramov Sodir Affected person 43 Davlatov Azizkhuja Affected person 44 Rahimov Mahmadullo Affected person 45 Alimov Nusratullo Affected person 46 Kholov Sangimurod Affected person 47 Juraev Zikrullo Affected person 128 Number Name Position 48 Qodirov Habibullo Affected person 49 Vahobov Abdullo Affected person 50 Kholiqov Hamza Affected person 51 Shukurova Sarvar Affected person 52 Boboev Murodali Affected person 53 Boboev Nurmahmad Affected person 54 Mavlonov Doniyor Affected person 55 Mirzoev Rustam Affected person Community consultation meetings matrix Date and Place Participants Issues discussed and question and answers Date: January 24, 2011 Location: Jamoat Karatog – TURSUNZADE Foreign Resettlement specialist Local Resettlement specialist PIU Engineer Representative of the State committee on Investment and State Property Management of the Republic of Tajikistan Deputy Chairman of Tursunzoda district Land committee of Karatogh jamoat Jamoat Administration 42 Affected People The following information was given to the affected persons: short information about the Project LARP phases affected persons’ rights to compensation grievance redress mechanism bases and process for determination of prices for buildings, fruit trees, agricultural, residential and commercial land The majority of questions were related to prices of building material and basis for valuation of buildings and outbuildings. Affected persons were checking if prices of building material were the market prices. There were no questions on residential and commercial land compensation rate. Also, compensation for agricultural land was acceptable for affected persons as the price for agricultural products was based on the current market prices. A great majority of affected persons sell their Date and Place Participants Issues discussed and question and answers products at farm-gate prices, which are much lower than the market prices. Consequently, people will receive more money in compensation than they would receive if they sell the crops from the affected part of their land. Those who were satisfied with their compensation signed the form. Two persons did not sign the form due to the following reason: The first case was related to differences between assets registered during the measurement and the assets registered for compensation. The mistake was corrected. The second case was related to the mill and oil making rooms. The owner claimed that he forgot to show the related part of the building which has access through some holes in the wall. In addition, one small wall between husbandries buildings was not registered. The team re-visited the household, measured the affected assets and gave the details to the State committee for Investment for valuation. Date: January 26, 2011 Location: Hukumat RUDAKI Foreign Resettlement specialist Local Resettlement specialist PIU Engineer Representative of the State committee on Investment and State Property Management of the Republic of Tajikistan Deputy Chairman of Rudaki district Land committee of The following Information was given to the affected persons: short information about the Project affected persons’ rights for compensation grievance redress mechanisms bases and process for determination of prices for buildings, fruit trees, agricultural, residential and commercial land Affected people were interested mostly in prices for affected buildings. The representatives of the State Committee for Investment explained the basis for buildings valuation. They explained the market prices of various building materials and the method for calculating a price of 1 square and 1 cubic meter of walls including 130 Date and Place Participants Issues discussed and question and answers Choryakkoron jamoat Chairman of jamoat 30 Affected People the labour. After discussion, it was concluded that prices given are real and in some cases, a few somoni higher than prices people stated. However, one of the affected persons was not satisfied with the evaluation of his clay- made home and the plot of land he currently posses. The team will re-visit his home and correct the amount for compensation if it was a mistake. The Hukumat Rais promised to give him more land and explained the necessary procedure. A few affected persons were concerned for their non- affected assets which may collapse during the construction period. The procedure for claims during the construction period was explained. There was a complaint that the road will come too close to the house and the owner does not like to live that close to the road. The local Hukumat representatives explained the procedure for claiming a new plot of land. Couple of persons whose assets will not be affected, asked why their assets were not taken as they have old walls and old houses and they wish to build new structures. A lengthy explanation was given about the exact measurements and the Client’s intention to minimize resettlement and to acquire land only where necessary. Affected persons were satisfied with compensation for agricultural land and fruit trees. They asked if after received compensation they could take their trees for wood. People were satisfied that they can keep the trees for wood. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures. Date: January 27, 2011 Foreign Resettlement specialist Affected people were interested in prices for affected buildings. Gisor is known by construction material Date and Place Participants Issues discussed and question and answers Location: Hukumat- GISOR PIU Engineer Representative of the State committee on Investment and State Property Management of the Republic of Tajikistan Chairman of Hisor district Land committee of Hisor district Administration of jamoat 37 Affected People businesses and present people were well informed about the construction material market prices. After explanation of the methodology for valuation of buildings and other structures, participants did not have any objections. Three of the affected persons had objections on the valuation of their assets as some basements parts and separation wall between rooms have not been included. The team re-visited each of the affected persons, measured the assets and gave information to the valuer to correct the amount for compensation. Affected persons were satisfied with compensation for agricultural land and fruit trees. There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures. People who live with married children demanded land plots for them. Date: January 29, 2011 Location: Hukumat- SHAHRINAV Foreign Resettlement specialist PIU Engineer Representative of the State committee on Investment and State Property Management of the Republic of Tajikistan Chairman of Shahrinaw district Land committee of Shahrinaw district Administration of Affected people were interested in allowances such as allowance for vulnerable households, compensation for business and the time-frame for resettlement. In addition, there was a question about affected cemetery wall and compensation for that structure. People asked if they can start now with clearing of the affected land and if they will be paid if they clear the land now. After explanation of the methodology for valuation of buildings and other structures, participants did not have any objections. Four of the affected persons had objections on the valuation of their assets. The team re- visited each of the affected persons, did additional measurements and gave information to the valuer to correct the amount for compensation. 132 Date and Place Participants Issues discussed and question and answers jamoats 55 Affected People There were no questions about commercial and residential land prices. All affected persons signed the form with compensation amount for buildings and structures. |
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