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Resettlement Due Diligence Report January 2019
Loan 3285-UZB: Northwest Region Power Transmission Line Project: Section 4– “Khorezm” Substation Section 7 – “Sarimay” Switchyard Prepared by State Joint Stock Company Uzbekenergo for the Republic of Uzbekistan and the Asian Development Bank. This resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation
of or reference to a particular territory or geographic area in this document, the Asian
Development Bank does not intend to make any judgments as to the legal or other status of any
territory or area.
Resettlement Due Diligence Report
January 2019
Loan 3285-UZB: Northwest Region Power Transmission Line Project: Section 4– “Khorezm” Substation Section 7 – “Sarimay” Switchyard Prepared by JSC Uzbekenergo for the Asian Development Bank
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ABBREVIATIONS
ADB – Asian Development BankAP – Affected PersonAH – Affected HouseholdCoM – Cabinet of Ministers of UzbekistanDMS – Detailed Measurement SurveyIA – Implementing AgencyEA – Executing AgencyEPC – Engineering, procurement, and constructionEMP – Environmental Management PlanDLARC – District Land Acquisition and Resettlement CommitteeDMS – Detailed Measurement SurveyFGD – Focus Group DiscussionGRM – Grievance Redress MechanismHa – HectareHH – HouseholdIA – Implementing AgencyIEE – Initial Environmental ExaminationLAA – Land Allocation ActLAR – Land Acquisition and ResettlementLARP – Land Acquisition and Resettlement PlanNWRTLP – Northwest Region Power Transmission Line ProjectNWMPN – North West Main Power NetworkO&M – Operation and MaintenancePMU – Project Management UnitPIC – Project Implementation ConsultantDDR – Resettlement Due Diligence ReportRoW – Right-Of-WaySCLRGCSC – State Committee on Land Resources, Geodesy, Cartography and
State CadasterSAESP – Sredazenergosetproject JSCSPS – Safeguard Policy Statement 2009ToR – Terms of ReferenceUE – UzbekenergoUZS – Uzbek Soum
CURRENCY EQUIVALENTS(As of January 15, 2019)
Currency Unit – Sum (UZS)$1.00 = UZS 8356.18
NOTEIn this report,
i. “$” refers to United State Dollars (USD)ii. UZS refers to Uzbekistan Sum
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Table of Contents
GLOSSARY .................................................................................................................................. 5
1. INTRODUCTION AND PROJECT BACKGROUND ............................................................... 7
1.1 Introduction ..................................................................................................................... 7
1.2 Project Background ........................................................................................................ 8
2. OBJECTIVES OF DUE DILIGENCE REPORT AND METHODOLOGY ................................. 9
2.1 Objective ........................................................................................................................ 9
2.2 Methodology ................................................................................................................. 10
2.3 Impact on Indigenous People ....................................................................................... 11
3. DUE DILIGENCE ON LAND ACQUISITION AND RESETTLEMENT .................................. 11
3.1 Possible Land Acquisition and Resettlement Impacts ................................................... 11
3.2 Khorezm Substation ..................................................................................................... 11
3.3 Sarimay Switchyard ...................................................................................................... 13
3.4 Impact of Construction to Access Roads ...................................................................... 15
3.5 Socio-economic Impacts ............................................................................................... 15
4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION ........................ 16
4.1 General ........................................................................................................................ 16
4.2 Disclosure..................................................................................................................... 16
5. GRIEVANCE REDRESS MECHANISM ............................................................................... 17
5.1 General ........................................................................................................................ 17
5.2 Contact Details ............................................................................................................. 18
5.3 GRM Records and Documentation ............................................................................... 19
6. POLICY AND LEGAL FRAMEWORK .................................................................................. 19
6.1 General ........................................................................................................................ 19
6.2 Laws, Regulation, and Provision relating to LAR in Uzbekistan .................................... 20
6.2.1 Constitution ........................................................................................................... 21
6.2.2 Land Code (30 April 1998)..................................................................................... 21
6.2.3 Resolution of Cabinet of Ministers № 97 (29 May 2006) ........................................ 22
6.2.4 Civil Code (29 August 1996) .................................................................................. 22
6.2.5 Resolution of Cabinet of Ministers № 146 (25 May 2011) ...................................... 23
6.2.6 Resolution of Cabinet Ministers №317 (21 September 2016) ................................ 24
6.2.7 Resolution of Cabinet Ministers №3857 (16 July 2018) ......................................... 24
6.2.8 Decree of the President of the Republic of Uzbekistan №5495 (1 August 2018) ... 25
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6.2.9 Resolution of Cabinet of Ministers № 1047 (26 December 2018) .......................... 25
6.2.10 Presidential Decree 5421 (20 April 2018) .............................................................. 25
6.2.11 Resolution of Cabinet of Ministers № 44 (15 February 2013) ................................ 26
6.2.12 Tax Code ............................................................................................................... 26
6.2.13 Labor Code and Employment Law ......................................................................... 27
6.3 ADB Safeguard Policy Statement, 2009 ....................................................................... 28
7. INSTITUTIONAL ARRANGEMENT ..................................................................................... 30
7.1 General ........................................................................................................................ 30
7.2 UE and Project Management Unit ................................................................................ 30
7.3 Social Safeguards Specialists (SSS) ............................................................................ 31
7.4 Design Institute - “JSC Sredazenergosetproekt” (SAESP) ............................................ 31
7.5 UzDavYerLoyiha Design Institute ................................................................................. 31
7.6 District Branch of State Committee on Land Resources, Geodesy, Cartography and
State Cadaster (SCLRGCSC) ................................................................................................. 31
7.7 District (Khokimyat) (Governorates) .............................................................................. 32
7.8 Community-Based Organizations (CBOs)..................................................................... 32
8. IMPLEMENTATION SCHEDULE ........................................................................................ 32
9. CONCLUSION AND RECOMMENDATIONS ...................................................................... 33
9.1 Annex 1: No-objection Letter by ADB ........................................................................... 36
9.2 Annex 2: Architectural Planning Assignment for Khorezm Substation ........................... 37
9.3 Annex 3: Extract from Architectural Planning Assignment for Khorezm Substation ....... 38
9.4 Annex 4: Extract from Cadaster Document of Khorazmelektrqishloqqurilish ................. 39
9.5 Annex 5: Architectural Planning Assignment for Sarimay Switchyard ........................... 40
9.6 Annex 6: Extract from Architectural Planning Assignment showing the Allocated Land 41
9.7 Annex 7: Land Selection Order by District Khokim for Sarimay Switchyard .................. 42
9.8 Annex 8: Land Selection act prepared by Uzgiprozem for Sarimay Switchyard ............ 43
9.9 Annex 9: List of Consulted Stakeholders ...................................................................... 44
9.10 Annex 10: List of Consulted Stakeholders .................................................................... 45
9.11 Annex 11: List of Consulted Stakeholders .................................................................... 46
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GLOSSARY
Affected Persons Affected persons (APs)are the members of the affectedhouseholds, those who experience full or partial, permanent ortemporary physical displacement (relocation, loss of residentialland, or loss of shelter) and economic displacement (loss of land,assets, access to assets, income sources, or means oflivelihoods) resulting from (i) involuntary acquisition of land, or (ii)involuntary restrictions on land use or on access to legallydesignated parks and protected areas. Although this definition ofaffected people is at variance with the usage in the SPS-2009,this is how it is understood and officially used in Uzbekistan, andit is not different from ‘displaced person’ defined in the SPS-2009.
Affected Household A household consists of one or more people who live in thesame dwelling and share meals or living accommodation andmay consist of a single family. In the project, the household isthe unit for compensation and all the members of ahouseholdare considered as affected persons.
Architectural PlanningAssignments
A document containing a set of town-planning and architecturalrequirements. To construct an object following documentationshall be submitted such as approved city-planningdocumentation, relevant decisions of state authorities, includingrequirements and conditions for the protection of historical andcultural monuments, the environment, legal rights and interestsof third parties, persons for a specific land plot. Based onthesedocuments, architectural planning assignment for construction isbeing developed (re-constructions) of the object.
Cadastral Document A set of materials, cadastral surveys, technical inventories andcertification, quality and valuation of the object necessary for theformation, accounting and subsequent state registration of rightsto real property.
Compensation Payment for an asset to be acquired or affected by a project atreplacement cost.
Cut-off-date The date after which people will not be considered eligible forcompensation, i.e., they are not included in the list of AHs asdefined by the census. If the country expropriation law does notspecify a cut-off date, usually, the cut-off date is the date of thedetailed measurement survey which is based on the finalengineering design. The validity of the cut off date in ADBprojects typically is three years.
Economic Displacement Loss of land, assets, access to assets, income sources, ormeans of livelihoods, as a resultof (i) involuntary acquisition ofland, or (ii) involuntary restrictions on land use or access tolegally designated parks and protected areas.
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Entitlement The range of measures comprising the cost of compensation,relocation cost, income rehabilitation assistance, transferassistance, income substitution, and relocation which are due to/business restoration, which isdue to AH, depending on the typeand degree nature of their losses, to restore their social andeconomic base. All entitlements are given to all affectedhouseholds as per the entitlement matrix.
Hokimiyat Local government authority that interfaces between localcommunities and the government at the regional and nationallevel. It has ultimate administrative and legal power over localpopulations residing within its jurisdiction.
Land Acquisition The process whereby a person is compelled by a public agency toalienate all or part of the land s/he owns or possesses, to theownership and possession of that agency, for the State purposes,in return for fair compensation.
Land Allocation In this report, this term used when land is being allocated out ofthe unproductive/unsettled State Reserve Land or from the areasthat are being used by the State Organization for themodernization/construction of a new substation and transmissionline towers as well as stringing the power cables.
Land Use Rights According to Land Code (article 17) real persons (can have theland plot under the lifelong inheritable possession right and landparcel use transferred as descent. This right is given to individualresidential housing construction and collective gardening andvineyard (orchards), peasant farms. Juridical persons(enterprises, stores, and business) can possess land parcelsaccording to the right to permanent possession, permanent use,temporary use, lease, and property. In two above cases, when aperson wants to sell the Property (land and building), he will sellthe building & structure and subsequently, theland parcel sold asan attachment (right is sold).
Makhalla A local level community-based organization recognized officiallyby the State that serves as the interface between state andcommunity is responsible for facilitating a range of social supportfacilities and ensuring the internal social and culturalcohesiveness of its members and local communities to electMakhalla leaders.
Rangelands The lands on which the native vegetation (climax or naturalpotential plant community) including grasses,grass-like plants, forbs, or shrubs are grownin the mountains,some deserts, many wetlands, tundra, and certainForb and shrub communities. Comparing with pasture landwhere grasses planted explicitly for grazing livestock, inrangelands grasses are grown naturally without humaninvolvement.
Physical Displacement Relocation, loss of residential land, or loss of shelter as a resultof (i) involuntary acquisition of property, or (ii) involuntaryrestrictions on land use or access to legally designated parksand protected areas
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1. INTRODUCTION AND PROJECT BACKGROUND
1.1 Introduction
1. This Resettlement Due Diligence Report (DDR) prepared as part of the process of
compliance with the ADB guidelines in regard of the two sections of the Loan 3285-UZB:
Northwest Region Transmission Line Project (NWRTLP). Two sections are described
below (para 4).
2. The State Joint-Stock Company Uzbekenergo (UE) is the executing agency of the project.
The draft Land Acquisition and Resettlement Plan (LARP) was prepared by UE based on
the preliminary design in March 2015. According to draft LARP the NWRTLP was
classified as Category B for involuntary resettlement.
3. In 2018 Uzbekenergo asked ADB to split the project into seven parts to start construction
works in sections where there is no involuntary resettlement nor affected persons. Later in
this year, No-Objection to Land Acquisition and Resettlement Plan Revision Letter was
given by Energy division of Central and West Asia Department (Annex 1). As a result, the
project split into seven sections such as:
1) The power line section between Takhiatash TPS and 1st river-crossing of the
transmission line with the Amudarya river (Republic of Karakalpakstan)
2) The power line section between and 1st (Republic of Karakalpakstan)2nd (Khorezm
region) river-crossing of the transmission line with Amudarya river
3) The power line section between 2nd (Khorezm region) river-crossing of the
transmission line with Amudarya river and “Khorezm” Substation
4) “Khorezm” Substation
5) The power line section between “Khorezm” Substation and 3rd river-crossing of the
transmission line with the Amudarya river (Khorezm region)
6) The power line section between the 3rd river-crossing of the transmission line with
Amudarya river and Sarimay Switchyard
7) Sarimay Switchyard
4. This DDR is prepared for only two sections such as 4 and 7 as described above and for
the remaining sections an upgraded LARPs will be prepared as separate documents.
5. The detailed final design for above sections was prepared by the Joint-Stock Company
Sredazenergosetproekt (SAESP) specialized in transmission line during 2016 - 2018
years.
6. Based on documents review, final design, site visits, and consultation with local
stakeholders, the “Khorezm” Substation (section 4) and “Sarimay” Switchyard (section 7)
are classified as subprojects with no involuntary resettlement impact, and DDR has been
prepared.
7. The objective of this DDR is to confirm that the “Khorezm” Substation (section 4) and
“Sarimay” Switchyard (section 7) of NWRTLP do not trigger ADB’s Safeguard Policy
Statement (2009)’s Safeguard Requirements 2 regarding involuntary resettlement or
Safeguard Requirement 3 regarding Indigenous Peoples.
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1.2 Project Background
8. The Project will strengthen energy security through improved power system reliability and
efficiency by constructing a new transmission line without passing through any country.
9. NWRTLPis located in the south-western provinces of Karakalpakstan and Khorezm of the
Republic of Uzbekistan, near the border of Turkmenistan.
10. The new line will transmit power from Takhiatash Thermal Power Plant (TPP) and
increase the reliability of power supply for the Khorezm province and Karakalpakstan in
the northwestern part of Uzbekistan benefiting at least 3 million population.
11. The first part of the TL route passes across the territories of Hojeyli, Nukus, Karauzyak,
Amudarya and Beruniy districts of the Republic of Karakalpakstan, and Urgench and
Yangibazar districts of the Khorezm region of the Republic of Uzbekistan. The second
part of the projected TL route is laid across territories of Urgench, Hanka, Yangiarik,
Bagat and Hazarasp districts of the Khorezm region and the Turtkul district of the
Republic of Karakalpakstan.
Figure 1: Map of Takhiatash TPP – Sarimay TL route
12. Construction activities of the above mentioned will be done and financially covered by
Uzbekenergo. Procurement of the equipment and goods will be performed under ADB
loan. The total cost of the project is 258,5mln. USD. Feasibility study approved by Decree
of the President of Uzbekistan No. 2541 on 06 June 2016.
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13. The Project consists of the following main components:
i. Construction of 363.8 km of 220 kV single-circuit overhead transmission line:
between Takhiatash TPP and 220 kV Khorezm substation (197.7 km) and between
Khorezm and V1 node (166.1 km)
ii. Expansion/Rehabilitation/Construction of 2 Substations. Including (a) rehabilitation
and expansion of 220/110 kV Khorezm SS; and (b) construction of an open
switchyard 220 kV of a new 500/220 kV SS Sarymay near V-1 node (Sarimay
settlement) and
iii. Support for Institutional Development, Capacity Building, and Project
Management: including (a) consultancy service for project supervision and
management, (b) upgrading transmission system planning and dispatch
automation, (c) implementation of asset management system, (d) external auditing
for project accounting, and (e) strengthening UE operational and maintenance
capacity for transmission assets.
14. In this report, component ii) Expansion/Rehabilitation/Construction of 2 Substations.
Including (a) rehabilitation and expansion of 220/110 kV Khorezm SS; and (b)
construction of an open switchyard 220 kV of a new 500/220 kV SS Sarymay near V-1
node (Sarimay settlement) was reviewed only. Based on the No-Objection to Land
Acquisition and Resettlement Plan Revision Letter was given by ADB to Uzbekenergo this
component is divided into “Khorezm” Substation (section 4) and “Sarimay” Switchyard
(section 7)
2. OBJECTIVES OF DUE DILIGENCE REPORT AND METHODOLOGY
2.1 Objective
15. The objective of this DDR is to confirm that “Khorezm” Substation (section 4) and
“Sarimay” Switchyard (section 7) sections of NWRTLP do not trigger ADB’s Safeguard
Policy Statement (2009)’s Safeguard Requirements 2 regarding involuntary resettlement
or Safeguard Requirement 3 regarding Indigenous Peoples.
16. The specific impacts of the DDR were:
i) determine whether the modernization of existing “Khorezm” Substation and
construction of new “Sarimay” Switchyard is free of any involuntary resettlement
impacts, e.g., land acquisition, displacement, and
ii) ascertain if there would be any adverse impacts on income and livelihood on any
of the indigenous people.
17. Consultation meetings were carried out with relevant stakeholders, including cadastral
office, land use engineer, design engineers, transmission line operators of the project. As
a result of discussions and consultations Grievance Redress Mechanism (GRM) is
developed for the people living near to substations that may have a complaint or
questions during the construction works. Social Safeguards Specialist undertook the field
visits between January 16-19, 2019. The consultation focused on avoidance of impacts on
household, business community buildings and lands as well as a temporary disruption of
livelihood, if any, from the proposed construction works.
18. Disclosure of DDR will be done in Urganch city for people living near to Khorezm
substation and in Nukus settlement for people living near to Sarimay switchyard. In these
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meetings, Project objectives, ADB’s policy on Involuntary Resettlement, and Grievance
Redress Mechanism will be described in the local language (Uzbek). A list (names,
address and contact numbers) of the persons at PMU to be approached will be distributed
in case of a grievance. The comments and feedbacks from the disclosure meetings will be
incorporated for final DDR.
19. The DDR did not identify compensation and resettlement assistance requirements for
affected persons (APs) as there no APs. The DDR is based on the latest design, cadastral
document, architectural planning assignments (APA) land allocation acts prepared for two
sections (4 and 7) of the NWRTLP.
20. The UE understands that ADB will not finance the project if NWRTLP do not comply with
its safeguard policy statement, nor will it fund if the project doesn't abide byUzbekistan’s
social and environmental laws and regulations, including those laws implementing
Uzbekistan’s obligations under international law.
2.2 Methodology
21. Present due diligence assessment was conducted based on a desk review of available
materials, site visits and consultation with specialists, stakeholders.
22. The following materials have been reviewed:
· Draft Land Acquisition and Resettlement Plan (LARP) that was prepared by TA
Resettlement Expert within August 2014 – February 2015.
· InitialEnvironmental Examination (IEE) that was prepared by TA Environmental
Expert in July 2015
· Architectural Planning Assignments (APA) developed for “Khorezm” Substation
(Annex 2-3)
· Cadastral document of “Khorezm” Substation and Khrorazmelektrqishloqqurilish
(Annex 4)
· Architectural Planning Assignments (APA) prepared for “Sarimay” Switchyard
(Annex 5-6)
· Decision of Khazorasp district khokim as well as Khorezm regional khokim for
“Sarimay” Switchyard on land allocation (Annex 7)
· Land Allocation Act for Sarimay Switchyard (Annex 8)
23. This Resettlement Due Diligence Report (DDR) was prepared by Social Safeguards
Specialist in January 2019. Due diligence review was based on the final design developed
by the Design Institute – Sredazenergoset project within the 2016-2018 period.
Architectural Planning Assignment that allows starting modernization and expansion in
Khorezm Substation that was issued on 22 March 2016 was reissued until 31 December
2019. Architectural Planning Assignment for new construction of Sarimay Switchyard that
was issued on 20 January 2016 was reissued until 31 December 2019.
24. The detail due diligence assessment included a desk review of document containing a set
of town-planning and architectural requirements, special conditions for designing and
building an object arising from the provisions of approved city-planning documentation,
relevant decisions of state authorities, including requirements and conditions for the
protection of historical and cultural monuments, the environment, legal rights and interests
of third parties.
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25. Cadastral information containing technical, economic and legal characteristics of the land
plot, information about the owners of the land plots also studied from cadastral documents
for Khorezm substation and Khorazmelektrqishloqqurilish.
2.3 Impact on Indigenous People
26. The population of Khorezm is ethnically Uzbeks, and there are no indigenous minority
groups or sub-groups in the Khorasp and other districts who would be affected by the
project. Initial Poverty and Social Analysis prepared for this project also categorized as
“C” for Indigenous Peoples. Given this, it is evident that there is no impact on the
indigenous people from the proposed subsections of the project.
3. DUE DILIGENCE ON LAND ACQUISITION AND RESETTLEMENT
3.1 Possible Land Acquisition and Resettlement Impacts
27. The DDR document review indicates that the project will have neither permanent nor
temporary impact on households, farmers and business entities.
28. According to Draft LARP that was prepared in 2015, the project is classified as category B
for the Involuntary resettlement under ADB’s Safeguard Policy Statement (2009), however
the Plan indicated that the lands would be allocated out of the State Reserve Land for
construction of Sarimay Switchyard and the land for Khorezm SS will be expanded out of
the available lands without triggering any involuntary resettlement and land acquisition
from affected households. After the division of the NWRTLP into sections, it is identified
that not all the parts of the project include involuntary resettlement, notably the
substations/switchyards
29. Based on existing ADB Social Safeguard Policy (2009) and due diligence review
theSection-4: “Khorezm” Substation and Section-7: “Sarimay” Switchyard fall under ADB’s
project Category ‘C.’ The category ‘C’ is defined as: “A proposed project has no
involuntary resettlement impacts. No further action is required.”
3.2 Khorezm Substation
30. The Khorezm substation became operational in 1969. The substation has been in
operation for 45 years. Types of taken out of production equipment of all range of voltages
suggest its technical unsuitability and necessity of its replacement with modern ones.
Growing 30 number of connections made the original wiring scheme of 220 kV open
switchyard unsuitable and requires its reconfiguration.
31. Khorezm Substation is located in Urganch city of Khorezm region. As of cadastral
documents, the substation is located at the address Hanka street 96, Urganch city. The
geographic coordinates are given in WGS-84 as Latitude: 41°31'39.18"N, Longitude:
60°39'59.57"E.
32. North West Main Power Network uses the land for substation with permanent possession
rights. The total size of the substation is 64196.5 sqm. Additionally, 0.7 ha land will be
allocated for the expansion of current boundaries of the substation. Modernization of
substation includes to renew transformers and carry out modernization works. All
construction works will be carried out within the territory of Khorezm SS. Additionally 0.7
12
ha of land was allocated as of preliminary design and architectural planning assignment
out of the area of Khorazmelektrqishloqqurilish. The allotted land is used for orchard by
Khorazmelektrqishloqqurilish. This organization is one of the regional branches of
Uzbekenergo specialized in the construction of power lines and towers in the rural areas
of Uzbekistan.
Figure 2: Cadastral boundary of Khorezm SS and expanded land
33. Expansion works include moving a fence and access road (within the territory of SS),
construction of five new bays and replacement of two old transformers. The current SS
also has 120 units of batteries which will be changed during modernization. There will be
no negative social impacts, but environmental effects are observed such as noise, dust
and air pollutant emissions from the construction equipment. Minor spills and leakages
may occur from vehicles and machinery and transformers when they are replaced. The
mitigation measures are described in detail in the InitialEnvironmental Examination (IEE)
report prepared for this project.
34. A resettlement screening for subsections was done in January 2019 by Social Safeguards
consultant. A draft Due Diligence Report can conclude that Section-4: “Khorezm”
Substation does not affect any households, farmers nor business entities. Based on
cadastral documents of Khorezm Substation and Khorezmqishloqqurilish, it has been
identified that land in the size of 0.7 ha for the expansion of Khorezm Substation is
allocated from Khorezmelektrqishloqqirilish. These two organizations are under the State
ownership and operated by Uzbekenergo. The cadastral documents show evidence
regarding the ownership status of the Khorezm SS to land. Cadastral document is
attached to this report. Also, Architectural Planning Assignment given by local
Architectural Department approves that there is no involuntary resettlement and land is
being allocated out of the territories of the organizations which belongs to the
Uzbekenergo.
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35. Socio-economic assessment that was done for the draft LARP in 2015 revealed that
majority (69%) of surveyed households expressed their strong interest in new TL
construction project. The average age of surveyed HHs heads is 50 years old and most of
the heads are married male persons. Thirty nine percent of surveyed persons are involved
in agricultural related activities, 31% are studying or young members of the family.
Housekeeping and/or seasonal workers are 12.5%. Governmental services occupation
related persons are 10.5%. Retired APs is 3%. In terms of ethnic composition according
to socio economic survey data in Khorezm all surveyed households are Uzbeks.
36. The pictures below give some idea about Khorezm SS sites where modernization works
will be carried out under the project.
Figure 3: Existing land for construction of new
Transformers
Figure 4: Allocated land in the size of 0.7 ha
3.3 Sarimay Switchyard
37. The construction site of switchyard at Sarimay situated to the North-East of Nukus
settlement on the opposite side of A-380 road. In draft LARP this switchyard was named
as Ellikqala, later EA decided is to rename it as Sarimay. This site is a relatively plain
surface compound of fine-grained sand which will significantly reduce the volume of
grading and leveling works during SS construction. Potential environmental impacts are
similar to the Khorezm substation sites even though the scale of construction activities is
bigger at Sarimay.
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Figure 5: Location of selected land plot for Sarimay Switchyard
38. To construct a new 500/220 kV Sarymay switchyard the land in the size of 22 hectares
was allocated from Sarimay village, Nukus makhalla of Khazorasp district of Khorezm
Region. The geographic coordinates are in WGS-84 as Latitude: 4105’54.50’’N,
Longitude: 61058’20.00’’E
39. According to the land allocation act documents the land is under rangeland category and
under the State Reserve Land which belongs to Khazorasp district hokimiyat.
40. The distance to Nukus settlement is around 700 meters and this settlement will not be
impacted due to the construction of a new switchyard. There is also existing natural
access road that will be used during the construction works. The neighboring lands of
allocated land are also under the category of rangelands which is under the State
Reserve Land.
41. Socio-economic assessment that was done for the draft LARP in 2015 revealed that
majority (69%) of surveyed households expressed their strong interest in new TL
construction project. The average age of surveyed HHs heads is 50 years old and most of
the heads are married male persons. Thirty nine percent of surveyed persons are involved
in agricultural related activities, 31% are studying or young members of the family.
Housekeeping and/or seasonal workers are 12.5%. Governmental services occupation
related persons are 10.5%. Retired APs is 3%. In terms of ethnic composition according
to socio economic survey data in Khorezm all surveyed households are Uzbeks.
42. A resettlement screening was done in January 2019 by Social Safeguards consultant. A
draft Due Diligence Report for Section-7: “Sarimay” Switchyard can be done since there
are no affected households, farmers nor business entities. Land in the size of 22 ha is
allocated from the State Reserve land. The land allocation act and architectural Planning
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Assignment given by local Architectural Department approves that there is no involuntary
resettlement and property is being allocated out of the State Reserve land.
43. DDR identified no impacts regarding involuntary land acquisition from households due to
the new construction of Sarimay Switchyard. According to the Land allocation act and
APA that were provided to Consultant and based on site visit, there are no households,
farmers, businesses are identifiedregarding involuntary resettlement and no land is being
acquired that may trigger ADB’s SPS 2009 Safeguard Requirements 2 regarding
Involuntary Resettlement.
44. The pictures below give some idea about Sarimay switchyard site where new construction
works will be carried out under the project.
Figure 6: View of the allocated land for Sarimay Switchyard
3.4 Impact of Construction to Access Roads
45. Road and rail access to the site for construction equipment, construction materials, and
power station equipment already will be used during the implementation of the project.
46. Reconstruction and expansion of Khorezm substation 220/110 kV and construction of
Sarimay Switchyard will not require an additional access road to the site. Access to land
will be through an already functioning path. The buffer zone for the switchyard and
substation will be within the available land parcels
3.5 Socio-economic Impacts
47. There will be no negative social impacts, but environmental impacts are observed such as
noise, dust and air pollutant emissions from the construction equipment. Minor spills and
leakages may occur from vehicles and machinery and transformers during the
replacement works. The mitigation measures are described in detail in the Initial
Environmental Examination.
48. Construction of substations will generate possibilities of local employment as some
laborers will be required during the project implementation. Uzbek companies will do all
construction activities. The exact number of domestic workers will be decided by the
Contractor who will be responsible for the project implementation. The forced and child
labor is strictly prohibited in ADB financed projects. Overall, the implementation of the
project has a positive impact on national and local socioeconomics.
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4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION
4.1 General
49. Consultation meetings were carried out with relevant stakeholders, including cadastral
office, land use engineer, design engineers, transmission line operators of the project. List
of the stakeholders and discussed questions is attached in Annex 9. Social Safeguards
Specialist undertook the field visit on 16-19.01.2019.
50. The consultation focused on avoidance of impacts on households, farmers, business
community buildings and lands as well as temporary disruption of livelihood, if any, from
the proposed construction, works. Grievance Redress Mechanism will be explained in
local language (Uzbek) along with a list (names, address and contact numbers) of crucial
persons at PMU to be contacted in case of people living near to project area may have
grievance/complaint. The consultation will be carried out together with LARP update
public consultations. People living near Khorezm and Sarimay SS will be invited to these
meetings.
51. The main objectives of the public consultations are as follows:
· to make people aware of the project and let the beneficiaries know about the
positive outcome of the project regarding reliable new employment opportunities,
power supply
· to disseminate information to the people about the project regarding its activities
and scope of work
· to involve people as stakeholders in project planning and further during
implementation
· to seek local peoples' views on minimizing probable adverse impacts on land
acquisition, involuntary resettlement and indirect impact to livelihood
· to make people aware of the plan of action
· to make people aware of the process of Grievance Redress Mechanism
· to assess the local people's willingness to get involved with the project, and
enumerate the measures to be taken during the implementation of the project
· to make people aware of the general policy principles of national laws and ADB
Safeguard Policy Statement, 2009 and full eligibility and entitlements.
4.2 Disclosure
52. Disclosure of DDR will be done in Urganch city for people living near to Khorezm
substation and in Nukus settlement for people living nesr to Sarimay switchyard. In this
meetings, a Project objectives, ADB’s policy on Involuntary resettlement, and Grievance
Redress Mechanism will be described in the local language (Uzbek).A list (names,
address and contact numbers) of the persons at PMU to be approached will be distributed
in case of a grievance. The comments and feedbacks from the disclosure meetings will be
incorporated for final DDR.
53. The project information will be disseminated through disclosure of the Resettlement Due
Diligence Report (DDR) on ADB’s (in the English Language) and in the UE websites (in
English, and Uzbek language) upon approval.
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5. GRIEVANCE REDRESS MECHANISM
5.1 General
54. Consultation meetings were carried out with relevant stakeholders, including cadastral
office, land use engineer, design engineers, transmission line operators of the project. As
a result of discussions and consultations, a simple Grievance Redress Mechanism (GRM)
is developed for the people living near to substations that may have complaint or
questions during the construction works.
55. The PMU of the UE will establish a simple and accessible grievance redress mechanism
which shall ensure some instruments and levels for grievance resolution and appeals
process. PMU’s Safeguards Specialist through PMU representative on site will be
responsible for the project implementation and GRM.
56. The primary goals of GRM are ensuring the receipt and timely redress of grievances and
concerns submitted by the aggrieved project affected persons and resolve complaints at
the project level and prevent escalation to the national courts or ADB Accountability
Mechanism.
57. People will have the right to file complaints and queries on any aspect of land acquisition,
compensation and resettlement. The PMU will ensure that grievances and complaints on
any point of the project implementation during the construction works are addressed in a
timely and satisfactory manner.
58. The National law on the appeals of individuals and legal entities1 obliges state authorities
to deal with requests and provides a clear framework to handle the case. This law has
recently replaced previous Law on the requests of citizens and gives the right for
individuals and legal entities to file requests. The requests can be in the form of
applications, proposals and complaints and submitted in three ways: oral, written and
digital format.
59. The Grievance Redress Mechanism (GRM) can also be established through mobile-
based and web-based applications that are common nowadays in Uzbekistan. GRM can
be established through a particular group in Telegram or on Facebook. The State’s Public
Reception (Halq Qabulhonasi) also is playing a vital role to address grievances and
concerns of the population. People may raise their questions also viaweb-based Single
Portal (The Single interactive state services portal). The Single portal is designed to
facilitate and empower people to access online public services by using modern
information technology and connected with the portal called E-Government. Additionally,
web-based President’s portal is also commonly used to address any complaints or
concerns of the population.
60. The Grievance Redress Mechanism (GRM) developed for this subprojects will be
available to people living or working in the nearby areas. The Project GRM will be
disseminated via the DDR disclosure meetings in the leaflets that will be distributed to
people through local khokimiyat, the makhalla, village assembly of citizens or farmers
councils. In case there will be any person impacted by or concerned about the project
activities he/she has the right to participate in the GRM. They should have the easy
access to it and be encouraged to use it. The proposed GRM does not replace the known
1Republic of Uzbekistan Law on the appeals of individuals and legal entities (№ЗРУ-378, 03.12.2014).
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mechanisms of complaint and conflict resolution envisaged by the legal system of the
Uzbekistan but attempts to minimize the use of it to the extent possible.
61. The PMU of the EA will establish a simple and accessible GRM. The GRM provides some
avenues and levels for grievance resolution and appeals process. The primary objective
behind project specific grievance mechanism is to ensure a timely and user-friendly
solution to the complaints received from the people living near to subproiects. However,
the Project GRM does not prevent any person to approach the governmental legal system
to resolve their claims at any stage of the grievance redress process. The people can
address their complaints to the courts at any time and not only after using the GRM.
62. Level 1 (Makhalla / Village Assembly). Under this project grievance redress mechanism,
complaints can be submitted to the district level khokimmiyat, makhalla, village assembly
of citizens, farmer councils, Contractor or directly to NWMPN. The makhalla/village
assembly and Site Engineer of NWMPN will try to resolve or clarify the issue within 15
days. Unresolved issues will be referred to the PMU in Tashkent.
63. Level 2 (Project Management Unit). The UE through its PMU on a regular basis (weekly)
and as per immediate request will check with the NWMPN whether any complaint is
received by Site engineer. The PMU, on receipt of a complaint from NWMPN or any other
local bodies, will immediately take the following actions:
(i) will inform the complainant within five days
(ii) inform ADB office both resident mission and HQ
(iii) if required, establish complaint handling a team (Level 3) with members Head of
PMU, representatives from the EA, District Khokimiyat, Land Resources and
Cadastral Department, and Makhalla or Village Assembly of Citizens or/and
Farmer’s Councils, or/and Women Association.
64. Level 3 The complaint handling team will be headed by one of the EA management staff
designated for handling grievances of the project.
(i) The team will consult the complainant and gather complainant’s concerns.
(ii) The team will also take advise from independent valuation company (in case of
grievances related to valuation).
(iii) All complaints will be resolved in 15 days, and in case additional details are
required, a maximum of 30 days will be used to address and close the complaint.
(iv) If the complaint is not addressed by Project Grievance Mechanism Team, the PMU
will inform ADB and District khokimiyat regarding the issue and district or provincial
khokimiyat will also have 15 calendar days to resolve the complain
65. Level 4 (Court). If the complaint is still unresolved, the complainant can submit his/her
complaint to the appropriate court of law. The schematic explanation of GRM is given
Annex 10.
5.2 Contact Details
66. The PMU will be responsible for recording the complaint; the step was taken to address
the grievance, a minute of the meetings, and preparation of a report for each complaint.
The complaint handling process will be reported to ADB through the quarterly project
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implementation report. Citizens may address their complaint and concerns to the following
address:
6, Istiqlol street, Tashkent, 100000, Uzbekistan
Tel/fax.: +998 71 2362700
E-mail: [email protected]
Mr. Azizbek Batirov - Safeguards Specialist
67. The aggrieved persons can also use the ADB Accountability Mechanism (AM) through the
direct citizens’ application to the Head Quarter in Manila, particularly to Complaints
Receiving Officer, Accountability Mechanism Asian Development Bank Headquarters6
ADB Avenue, Mandaluyong City 1550, Philippines Email: [email protected], Fax +63-2-
636-2086.
68. AM is the last resort and ADB has its availability as a recourse in case other mechanisms
for dealing with harmful project effects are not successful. SPS requires GRM and the use
of project level GRM should be encouraged first.
5.3 GRM Records and Documentation
69. The UE and its Project Management Unit will keep a record of complaints received for its
use as well as for review by ADB during regular missions. The grievance mechanism
applies equally to all affected households and for population living near to subrjects.
When reference is made to the makhalla, it is to the makhalla that the affected persons
are located. The PMU will be responsible for recording the complaint; the step was taken
to address a grievance, minutes of the meetings and preparation of a report for each
grievance. The complaint handling process will be reported to ADB through project
progress reports. All grievances received from the population will be registered in a log
book (Annex 11 attached in this DDR) which should be available at levels 1 and 2: at the
site office of the Contractor, each mahalla committee of subproject area districts and PMU
Tashkent office. Besides, there are also logbooks in the Hokimiyats where the grievances
of the population are usually registered. Even so, the information on received by
Contractor grievances and applications from the aggregated persons, and undertook
measures should be submitted to the representatives of PMU on the project site for the
accounting all grievances. Thereafter the information on all received grievances will be
collected at the PMU.
6. POLICY AND LEGAL FRAMEWORK
6.1 General
70. The legal and policy framework of the project is based on national laws and legislation
related to land acquisition and compensation policy in Uzbekistan and ADB Safeguard
Policy Statement 2009 (SPS). Project related LAR principles have been adopted by this
Report based on the analysis of applicable laws and policies and ADB’s Policy
requirement; In the subsections included in this report, there is no Involuntary
resettlement nor land acquisition from affected households. However, the policies below
are to be applied in case any LAR related impacts are identified during the
implementation.
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6.2 Laws, Regulation, and Provision relating to LAR in Uzbekistan
71. In Uzbekistan, a land expropriation takes place for the public needs under the Land Code
(LC). The expropriation in this context refers to the taking away of private land for a public
purpose by the government with or without the owner’s consent subject to laws of eminent
domain, which stipulates prompt and adequate compensation. In Uzbekistan, there is no
separate legal document about Land acquisition and Resettlement but supported by
different Resolutions, Acts and Codes. In the table below the summary of a legal
framework which is related to resettlement is given.
Table 5.1: Legal instruments applicable to Land acquisition and resettlement and
categorization of vulnerable groups
Legal Framework Functional Relationship to Resettlement
Land acquisition and resettlement
The Land Code (LC) dated on 30 April 1998 Describes a condition for permanent landexpropriation and temporary land acquisition
The resolution of Cabinet of Ministers (CoM)“On Approval of the procedure of damages tocitizens and legal persons in connection withthe withdrawal of land plots for state andpublic needs” dated on 29 May 2006 #97
Regulates resettlement compensations foraffected buildings, structures, and plantingsin the settlements.
Civil Code (CC) dated on 29 August 1996 Regulates general rules of property seizure,determination of property cost and rights forcompensation, terms of rights termination
The resolution of CoM “On measures toimprove the procedure for granting land plotsfor urban development activities and othernon-agricultural purposes” dated on 25 May2011 #146
Regulates resettlement compensations forthe profit loss, the value of agricultural lossbelonging to landowners, users, tenants incase of land acquisition.Also,it regulates theprovision of land to land compensation incase of agricultural and forest relates losses.
The resolution of CoM “On amending andadding to some decrees of the Republic ofUzbekistan, aimed the further improvementof registration of cadastral document on areal property” dated on 21 September 2016 #317
It defines the procedure of registration oftitled and non-titled land users and realproperty owners. It also establishes theprocess and payment method forcompensation in case of land acquisition.
Presidential resolution “On measures toimprove the effectiveness of training andrealizing projects with participation ofinternational financial institutions and foreigngovernment financial organizations” dated on16 July 2018 #3857
Confirms that the resettlement costs are paidbased on assessment documents preparedby IFI by their methodology.
Presidential Decree “On measures on majorimprovement of investment climate in theRepublic of Uzbekistan" dated on 1 August2018 #5495
Defines that land expropriation can beimplemented only after meaningfulconsultation with PAPs.
Presidential Decree “On measures toimprove the system of protection of rightsand legal interests of subjects ofentrepreneurship” dated 27 July 2018 # 5490
It defines the source of Resettlement budgetin the investment projects.
Implementation of Land acquisition and resettlement
Presidential Decree “On measures on majorimprovement of investment climate in theRepublic of Uzbekistan" dated on 1 August
Defines that land expropriation can beimplemented only after meaningfulconsultation with PAPs. The resolution
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Legal Framework Functional Relationship to Resettlement
Land acquisition and resettlement
2018 #5495 prohibits a land confiscation without theconsent of the Republican Centralized Fund.
The resolution of CoM “On the procedure forthe formation and use of funds of centralizedfunds for the compensation to affectedindividuals and legal entities for theexpropriation of land for the state or publicneeds” dated 26 December 2018 # 1047
It defines the source of compensationpayments based on the type of projects.Establishes Republican Centralized Fund(RCF) as the main body which is responsiblefor the compensation payments to AHs. TheSupervisory Board of RCF decides on theallocation of funds for compensation.
Presidential Decree on Additional measuresfor social support of citizens andimplementation of a latest public campaignon recognition of ownership rights to illegallybuilt residential structures dated on 20 April2018 # PF 5421
Residents of Uzbekistan are allowed tolegalize ownership rights to theirunregistered and non-titled residentialstructures until 1st May 2019. The Decreedefines the conditions for legalization.
Categorization of vulnerable groups
The resolution of CoM “On approval of theorder of the appointment and payment ofsocial allowances and material (financial)assistance to low-income families” dated on15 February 2013 #44.
Regulates the mechanism to thedetermination of vulnerable groups and theirentitlements
Tax Code of Uzbekistan Regulates compensation for a vulnerablegroup of people regarding applying fordiscounts or exemption from property taxes,land tax, income tax, and other taxes
Labor code and Law on employment Regulates labor relations of individualsemployed with labor contract by enterprises,institutions, organizations of all typeownership forms, including contracted byindividuals.
6.2.1 Constitution
72. The Constitution of the Republic of Uzbekistan (December 8, 1992) provides that:
· Everyone shall have the right to own property (Article 36). The economy of
Uzbekistan, evolving towards market relations, is based on various forms of
ownership. The state shall guarantee freedom of economic activity,
entrepreneurship and labor with due regard for the priority of consumers’ rights,
equality and legal protection of all forms of ownership (Article 53).
· An owner, at his discretion, shall possess, use and dispose of his property. The
use of any property must not be harmful to the ecological environment nor shall it
infringe on the rights and legally protected interests of citizens, juridical entities and
the state (Article 54).
· The land, its minerals, waters, fauna and flora, other natural resources shall
constitute the national wealth and shall be rationally used and protected by the
state (Article 55).
6.2.2 Land Code (30 April 1998)
73. The Land Code (LC) is the primary regulatory framework for land-related matters in
Uzbekistan. The LC regulates allocation, transfer, and sale of land plots, defines
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ownership and rights on the land. It describes responsibilities of different state authorities
(Cabinet of Ministers, province, district, city Hokimiyat) in land management; rights and
obligations of the land possessor, user, tenant, and owner; land category types, land
acquisition, and compensation, resolution of land disputes and land protection. The LC
also defines the terms of rights termination on land plot, seizure and land acquisition of
land plot for state and public needs, and conditions of confiscation of land plot in violation
of land legislation.
74. According to the new version of the Code, currently, the granted lands for construction of
infrastructure, business and residential houses shall be carried out within the three years.
After that land can be taken back by local municipalities.
6.2.3 Resolution of Cabinet of Ministers № 97 (29 May 2006)
75. This resolution regulates compensation for losses to individuals and legal entities due to
the seizure of land plots for state and public needs. This regulation is mainly dealing with
land plots, houses, building and structures of individuals and legal entities.
76. The resolution determines the procedure for seizure of land or part thereof, as well as the
method for calculating the amount of compensation to individuals and legal entities for the
demolished residential, industrial and other buildings, structures and plantings in due to
the seizure of land for state and public needs. The details of the Resolution is given in the
draft LARP prepared for this project.
6.2.4 Civil Code (29 August 1996)
77. The Civil Code (CC) defines the legal status of participants of public relations, the
grounds, and procedure of implementation of property rights and other proprietary rights,
rights ofintellectual property, regulates the contractual and other obligations, as well as
other property and related personal non-property relations. The CC defines general rules
of property seizure, determination of property cost and rights for compensation, terms of
rights termination.
78. The CC provides that: a person whose right has been violated may demand full
compensation for damages unless the law or the contract provides compensation for
losses in a smaller size (Article 14, Clause 1). The Civil Code (Article 14, Clause 2) also
specifies that losses are understood as:
· expenses that the person whose right is violated, made or must make to restore
the violated right
· the loss of or damage to property
· the revenues that this person would have received under normal conditions of civil
turnover if his right had not been violated (lost profits).
79. According to article 14, Clause 3 “If the person has violated the law, revenues received as
a result of this, the person whose rights were violated, has the right to demand
compensation along with other losses, lost profits in the amount not less than such
profits.”
80. According to article 7 “If an international treaty or agreement stipulates other rules than
those stipulated by civil legislation, rules of the international treaty or agreement.” This
rule is a standard rule for all of Uzbekistan’s laws.
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81. According to Article 8, Clause 3, the rights to the property which is subject to state
registration shall arise upon the record of the relevant rights to it, unless otherwise
provided by law. Article 84, Clause 1 provides that the right of ownership and other real
property rights, creation, transfer, restriction, and termination of these rights are subject to
state registration. This means that without registration the right to real estate property
does not enter into the force. This statement is significant for the further understanding of
LAR processes related to land acquisition and building’s demolition.
6.2.5 Resolution of Cabinet of Ministers № 146 (25 May 2011)
82. This Resolution is aimed to improve the procedure of granting land plots, protect the rights
of legal entities and individuals on land, improve the architecture of settlements and the
efficient use of their land for construction by the Land Code and the Town Planning Code.
This resolution has approved two Regulations: (i) Regulation on the procedure for
granting land for urban development and other non-agricultural purposes, (ii) Regulation
on the method of compensation for land possessors, users, tenants, and owners, as well
as losses of agriculture and forestry. The Regulation on the procedure for granting land
for urban development and other non-agricultural purposes contains the following
provisions:
· order of land plot location, preparation and approval of site selection and land
allocation documents without approved planning documentation
· order of placement, selection and land allocation with approved planning
documentation
· order for rejection in the land allocation and selection for construction
· provision (sale) of land plots for individual housing construction
· elements of urban planning documents and development regulation lines.
83. The Regulation on the procedure of compensation for possessors, users, tenants, and
landowners, as well as losses of agriculture and forestry, includes the following:
· compensation for losses of owners, users, tenants, and landowners
· compensation for losses of agriculture and forestry
· cost of irrigation and developing the equal new land plot in return for seized
irrigated agricultural land
· cost of fundamental improvement of grassland and pasture
· scheme for determination of losses of land possessors, users, tenants, and
owners, as well as damages of agriculture and forestry
· coefficients on the location of seized land plots.
84. The losses of land possessors, users, tenants, and owners, as well as losses in
agriculture and forestry, should be compensated before granting of documents certifying
rights on land plot. The regulation also orders that demolition of the house or building shall
be done only after agreeing on compensation and providing replacement premises. The
regulation orders that compensation has to be paid before starting any construction work.
The land possessors, users, tenants and owners, whose land plots are seized and to
whom land plots are granted, in case of disagreement with a defined amount of losses,
can appeal to the court. In case of acquisition and temporary occupation of land plot or
part thereof, the following would be subject to compensation:
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· cost of the land plot owned by individuals and legal entities
· Value of residential houses, constructions, and installations, including incomplete
buildings, and also located outside of the allocated plot, if its further utilization is
impossible due to seizing of the land plot
· cost of fruits and berries, protection and other perennial plants
· cost of incomplete agricultural production
· lost profit.
85. Above described Laws and Regulations mention that non-titled and squatters on land and
building/structures are ineligible for any compensation.
86. Collectively, these regulations provide a sound basis for acquiring land for public
purposes and for compensating land users according to the registered user of the affected
land in Uzbekistan.
87. This resolution shall be implemented together with the Resolution of Cabinet of Ministers
#317 dated on 21 September 2016.
6.2.6 Resolution of Cabinet Ministers №317 (21 September 2016)
88. The resolution “On amending and adding to some decrees of the Republic of Uzbekistan,
aimed the further improvement of registration of cadastral document on real property”
defines responsible design institution which calculates the agricultural and forest-related
losses belonging to legal land users, tenants. This institute is “Uzdavyerloyiha” and its
branches in the regions. It defines that in case of the following type of construction works,
then compensation for agricultural and forest-related losses will not be compensated:
· construction of individual housing and maintenance of a residential house
· construction of pre-school, general secondary, secondary special, professional
educational and medical institutions
· construction of water management facilities, land reclamation facilities and
hydraulic structures
· formation of protected natural areas.
89. By this resolution, the Government defined the procedure of legalization cadastral
document of titled and not titled (illegal) land users. The main requirements for the
legalization of non-titled land users are to provide i) explanation of circumstances of
unlawful use of land, ii) certificate from local self-governed bodies on possession of last
15 years, iii) payment of land tax for the previousfive years. This resolution updates
compensation mechanism of agricultural and forest-related losses. Therefore, in the
calculation of compensation, this resolution shall be used together with Resolution of
Cabinet of Ministers #146 dated on 25 May 2011.
6.2.7 Resolution of Cabinet Ministers №3857 (16 July 2018)
90. The resolution “On measures to improve the effectiveness of training and realizing
projects with participation of international financial institutions and foreign government
financial organizations” partly provides that payment of compensation for the land
acquisition, demolition of houses, structures, plantings within the framework of projects
with the participation of International Financial Institutions (IFIs). If it is agreed and stated
in agreements, then project implementation procedure will be followed by authorized
bodies following the requirements of IFIs or Foreign Governmental Finance Organizations
(FGFOs). This resolution gives to Executing Agencies to implement ADB’s LAR or other
principles in case of discrepancies between national legislation and ADB policies.
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6.2.8 Decree of the President of the Republic of Uzbekistan №5495 (1 August 2018)
91. Decree “On measures on cardinal improvement of investment climate in the Republic of
Uzbekistan" regulates that the seizure of land for state and public needs is allowed only
after an open discussion with interested parties whose land plots are confiscated. It also
sets that demolition of residential, industrial premises, other structures, and structures
belonging to individuals and legal entities and seizure of land is allowed after the full
compensation of the market value of immovable property and losses caused to owners in
connection with such seizure.
6.2.9 Resolution of Cabinet of Ministers № 1047 (26 December 2018)
92. This full name of the resolutionis called as “On the procedure for the formation and use of
funds of centralized funds for the compensation to affected individuals and legal entities
for the expropriation of land for the state and public needs.” This resolution appoints
Republican Centralized Fund (RCF) under the Cabinet of Ministers for calculation and
distribution of compensation during the involuntary resettlements to affected households
and affected entities. Involuntary resettlement can be done only for public and the state
needs. RCF will be responsible for the Governmental level and internationally funded
projects. This resolution sets the procedure of compensation payments to affected
physical and legal entities. The Supervisory Board under RCF has the right to decide and
the decisions are compulsory to execute. The Board will also monitor the allocation of
funds to AHs during the resettlement implementation period. Local managing bodies
(khokimiyats) should start the process by inquiring to RCF on the distribution of necessary
funds for LAR. The Board will review this application and the appropriate decisions will be
accepted. Regional khokimiyats issue the Decree on the allocation of compensation
based on the RCF’s decision. The Decree serves as a legal instrument to provide
compensation to affected physical and legal entities.
6.2.10 Presidential Decree 5421 (20 April 2018)
93. Decree announced a one-time nationwide campaign for recognition of the ownership
rights to the residential premises that were builtillegally or built without proper
documentation. The campaign will last until May 1, 2019.
94. To be eligible for the campaign and legalize ownership right to anillegally built or without a
building permit structure following conditions shall be fulfilled:
· The building should be built before the adoption of this Decree.
· A land plot or part of the land plot is not located on land which cannot be realized
for housing purposes. These lands include the safety zones, protected areas,
military zones.
· Shall meet requirements of urban-planning norms and rules, as well as its
possession will not violate the rights and legally protected interests of other
persons or pose a threat to the lives and health of citizens.
· Specific cases in which the non-titled buildings cannot be recognized by the
Cabinet of Ministers of the Republic of Uzbekistan.
95. Recognition of the non-titled rights to buildings is carried out by the decision of the khokim
of the district (city) on the recommendation of the Commission after paying a one-time fee
in the amount of five times minimum wages.
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96. After legalization, the owner is granteda lifelong inheritable possession right to the land
plot (part of the plot) on which the building was erected. The size of the legalized land
shall not exceed the limits established by law. The legalization will be carried out without
imposing a fine to the owner that was foreseen by Article 121 of the Tax Code of the
Republic of Uzbekistan (see 5.2.12 Tax code).
6.2.11 Resolution of Cabinet of Ministers № 44 (15 February 2013)
97. This resolution determines the procedure for the appointment and payment of Makhalla
allowances for a) low-income families with children under the age of 14 years, b)
allowances for low-income parents for child care until the age of two years and c)
allowance for low-income families. According to this resolution the following types of
families are entitled to benefits:
· families where the average monthly income does not exceed 1.5 minimal wages
per person during the last three months. Along with incomes household members
gain officially, additional factors are also to be considered by makhalla committee
members, including the availability of land, employment status of family members,
and presence of persons in need of care
· the preferential rights for makhalla allowances have families who have lost both
parents and children involved in family education
· families where one or both parents are disabled children
· widow(er), raising two or more children under the age of 14, living separately from
other relatives
· family with disabled children
· mothers or fathers who are bringing up the children in a single-parent family. In this
case the fact of child rearing mother (father) in an incomplete family established by
makhalla
· families in which one or both parents are unemployed who have been registered at
state employment bodies (regional and city departments of the Ministry of
Employment and Labor Relations) as job-seekers
· single retired persons.
98. The amount of allowances is determined by the Ministry of Finance of the Republic of
Uzbekistan according to calculations submitted by the People’s Bank. According to the
interpretation of this Resolution by the Ministry of Finance2, the amount of financial
assistance can be from 1.5 times uptothree times of minimum wage. The maximum
duration of giving allowance is uptosix months. Therefore, in this project setting an
allowance in the amount of 3 times of minimum wage for vulnerable groups fits the
National legislation of Uzbekistan. In translating this document into local language, the
term, an allowance shall be interpreted as moddiy yordam (in the Uzbek language) to
avoid misunderstandings during the implementation stage.
6.2.12 Tax Code
99. The Tax Code (TC) is a regulatory framework for taxation related matters of individuals
and legal entities. This law regulates compensation for a vulnerable group of people
regardingapplying for discounts or exemption from property taxes, income tax and other
taxes stipulated in this TC.
2https://www.mf.uz/uz/news/2615.html
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100. By the article 121, the use of entire land plot or expanding the territory without
documents or illegally is subject for sanctions in the amount equivalent to:
· four times of land taxes for legal entities
· three times of land taxes for physical bodies
101. According to the Presidential Decree 5421, this fine is not applied during the
campaign period till 1stMay 2019.
6.2.13 Labor Code and Employment Law
102. These two documents are centrallegislation regulating labor relations of individuals
employed with labor contract by enterprises, institutions, organizations of all type
ownership forms, including contracted by individuals. These legislations are considering
interests of employees and employers provide the efficient function of the labor market,
just and secure labor conditions, protection of labor rights and employees health, promote
the growth of labor productivity, an increase of work quality, raising on this matter welfare
and social livelihood level of the population.
103. Both ADB policy and the Uzbek law provide for the indemnification of APs who
lose a job because of land/assets acquisition under a public interest project. The two,
however, differ substantially on how the matter is conceptualized and resolved in practice.
ADB policy compounds the case as an income rehabilitation issue and thus requires that
the actual job income lost by the APs is fully reimbursed to them. This approach covers
temporary and permanent job losses and is generally implemented through an allowance
providing the APs their declared monthly salary (what should be substantiated by the
supporting documents) for the number of months of business stoppage up to a maximum
of 12 months which is the benchmark for permanent job loss. For informal permanent jobs
without declared salaries, the approach is the same but based on the national minimum
wage. To guarantee proper policy application the payment of the job loss allowances is to
be directly disbursed to the APs by the project proponent.
104. The national legislation, instead, limits the matter to the payment as mandated by
the Labor Code of fixed employment termination indemnities due by an employer to his
employees and to the obligation of the project proponent to reimburse the employer of the
cost of those indemnities mandate by the Civil Code. Such an approach excludes from job
loss compensation informal employees without a declared salary, applies only to
permanently affected jobs and does not automatically guarantee that the APs receive their
job termination dues3.
3Based on the Labor Code of 1996, last amended on 2015 (Art icle 67) loss of employment is to be compensated with 2 months average salary plus
a severance pay of a maximum of 1 month average salary depending on the length of the employment lost. Also according to the Civil Code
(Art icle 14) all losses (including real damage, lost profits) are to be compensated.
28
6.3 ADB Safeguard Policy Statement, 2009
105. ADB adopted its Safeguard Policy Statement (SPS) in 2009 including safeguard
requirements for environment, involuntary resettlement, and indigenous people. The
objectives of the Involuntary Resettlement Safeguard policy are to avoid involuntary
resettlement wherever possible; to minimize involuntary resettlement by exploring project
and design alternatives; to enhance, or at least restore, the livelihoods of all displaced
persons in real terms relative to pre-project levels; and to improve the standards of living
of the displaced poor and other vulnerable groups.
106. The involuntary resettlement safeguards cover physical displacement (relocation,
loss of residential land, or loss of shelter) and economic displacement (loss of land,
assets, access to assets, income sources, or means of livelihoods) as a result of (i)
involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to
legally designated parks and protected areas. It covers them whether such losses and
involuntary restrictions are full or partial, permanent or temporary. The three essential
elements of ADB’s SPS are: (i) compensation at replacement cost for lost assets,
livelihood, and income prior to displacement; (ii) assistance for relocation, including
provision of relocation sites with appropriate facilities and services; and (iii) assistance for
rehabilitation to achieve at least the same level of well-being with the project as without it.
The SPS gives special attention to poor and vulnerable households to ensure their
improved well-being as a result of project interventions.
107. The rate of compensation for acquired housing, land and other assets will be
calculated at full replacement costs. The calculation of full replacement cost will be based
on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued,
(iv) transitional and restoration costs; and (v) other applicable payments if any. Where
market conditions are absent or in a formative stage, the borrower/client will consult with
the displaced persons and host populations to obtain adequate information about recent
land transactions, land value by types, land titles, land use, cropping patterns and crop
production, availability of land in the project area and district, and other related
information. The borrower/client will also collect baseline data on housing, house types,
and construction materials. Qualified and experienced experts will undertake the valuation
of acquired assets. In applying this method of valuation, depreciation of structures and
assets should not be taken into account. The following are the basic policy principles of
ADB’s SPS, 2009:
(i) Screen the project early on to identify past, present, and future involuntary
resettlement impacts and risks.
(ii) Determine the scope of resettlement planning through a survey and census of
displaced persons, including gender analysis, specifically related to resettlement
impacts and risks.
(iii) Carry out meaningful consultations with affected persons, host communities, and
concerned non-government organizations. Inform all displaced persons of their
entitlements and resettlement options. Ensure their participation in planning,
implementation, and monitoring and evaluation of resettlement programs. Pay
particular attention to the needs of vulnerable groups, especially those below the
poverty line, the landless, the elderly, women and children, and Indigenous
Peoples, and those without legal title to land, and ensure their participation in
consultations. Establish a grievance redress mechanism to receive and facilitate
resolution of the affected persons’ concerns. Support the social and cultural
29
institutions of displaced persons and their host population. Where involuntary
resettlement impacts and risks are highly complex and sensitive, compensation
and resettlement decisions should be preceded by a social preparation phase.
(iv) Improve, or at least restore, the livelihoods of all displaced persons through (a)
land-based resettlement strategies when affected livelihoods are land-based
where possible or cash compensation at replacement value for land when the loss
of land does not undermine livelihoods, (b) prompt replacement of assets with
access to assets of equal or higher value, (c) immediate compensation at full
replacement cost for assets that cannot be restored, and (iv) additional revenues
and services through benefit sharing schemes where possible.
(v) Provide physically and economically displaced persons with needed assistance,
including the following: (a) if there is relocation, secured tenure to relocation land,
better housing at resettlement sites with comparable access to employment and
production opportunities, integration of resettled persons economically and socially
into their host communities, and extension of project benefits to host communities;
(b) transitional support and development assistance, such as land development,
credit facilities, training, or employment opportunities; and (c) civic infrastructure
and community services, as required.
(vi) Improve the standards of living of the displaced poor and other vulnerable groups,
including women, to at least national minimum standards. In rural areas provide
them with legal and affordable access to land and resources, and in urban areas
provide them with appropriate income sources and legal and affordable access to
adequate housing.
(vii) Develop procedures in a transparent, consistent, and equitable manner if land
acquisition is through a negotiated settlement to ensure that those people who
enter into negotiated settlements will maintain the same or better income and
livelihood status.
(viii) Ensure that displaced persons without titles to land or any recognizable legal rights
to land are eligible for resettlement assistance and compensation for loss of non-
land assets.
(ix) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the
income and livelihood restoration strategy, institutional arrangements, monitoring
and reporting framework, budget, and time-bound implementation schedule.
(x) Disclose a draft resettlement plan, including documentation of the consultation
process promptly, before project appraisal, in an accessible place and a form and
language(s) understandable to affected persons and other stakeholders. Disclose
the final resettlement plan and its updates to affected persons and other
stakeholders.
(xi) Conceive and execute involuntary resettlement as part of a development project or
program. Include the full costs of resettlement in the presentation of project’s costs
and benefits. For a project with significant involuntary resettlement impacts,
consider implementing the involuntary resettlement component of the project as a
stand-alone operation.
(xii) Pay compensation and provide other resettlement entitlements before physical or
economic displacement. Implement the resettlement plan under close supervision
throughout project implementation.
(xiii) Monitor and assess resettlement outcomes, their impacts on the standards of living
of displaced persons, and whether the objectives of the resettlement plan have
been achieved by taking into account the baseline conditions and the results of
resettlement monitoring. Disclose monitoring reports.
30
7. INSTITUTIONAL ARRANGEMENT
7.1 General
108. This section describes institutional arrangements for preparing, implementing, and
monitoring involuntary land acquisition and resettlement activities of the project including
a description of organizational procedures for delivering entitlements, implementation
process, including how resettlement preparation, approval, and implementation will be
linked to contract awards and the start of the project’s civil works.
7.2 UE and Project Management Unit
109. The Uzbekenergo will have overall responsibility for all aspects of the program.
The Project Management Unit (PMU) within Uzbekenergo will be responsible for the day
to day management of the Project including cross-agency coordination, and via the
Resettlement Expert (RE) for LARP implementation and monitoring the compensation and
disbursement.
110. The RE under PMU will be directly involved in all LAR related planning,
implementation, inter-agency coordination, monitoring and reporting. The RE will receive
support from the relevant project consultants and benefit from inputs from the Design
Institute (DI), district/city executive authority and land resources and cadaster department
as appropriate.
111. Northwest main power network (NWMPN) is one of five power networks of
Uzelektroset responsible for power transmission and maintenance of transmission lines
and substations in North – West region of Uzbekistan. The Uzelektroset is a central
organization of Uzbekenergo responsible for sustainable and regular service of power
consumers as well as maintenance of the grid in constant high technical operation. This
organization has integrated five regional branches so-called Main Power Networks (MPN).
Through MPNs power is transmitted from a power plant to regional power grids.
112. NWMPN will be the entry point for receiving a complaint or known as a Focal
Grievance Point (FGP). Moreover, NWMPN will ensure local monitoring of LARP
implementation assisting PMU in all LARP related implementation activities.
113. UE as the EA has established a PMU with required staff, including a safeguards
specialist within the PMU. UE will also be responsible for the selection of Construction
Supervision Consultant (CSC). UE and its PMU will be responsible for finalizing final
LARP after detailed design with support from resettlement consultants hired by Fichtner.
UE will be capable for approval of adequate budgetary support for DDR implementation
and will facilitate coordination with the concerned government line agencies on LAR
activities as well as with independent valuation firms. UE and its PMU will be responsible
for finalizing/updating the draft LARP, getting the government’s endorsement, approval of
the DDR from ADB and will ensure compliance regarding complete payment of
compensation to APs before the start of civil construction.
31
7.3 Social Safeguards Specialists (SSS)
114. UE has hired Fichtner GmbH & Co. KG as Project Implementation Consultant
(PIC) for the overall development of DDR and final LARPs. An International Social
Safeguard Specialist (SSS) of PIC will work closely with PMU’s Safeguards Specialist and
the engineering team. SSS will assist in all necessary information to develop this DDR
and prepare updated LARPs for other sections based on detailed designs. The work for
the SSS will broadly be segregated in two parts such as developing final DDR and
updating LARP based on detailed design, implementation of the LARP including
preparation of monitoring reports. The SSS will assist Safeguards Specialist of PMU in the
overall supervision of the project and ensure that LAR activities are implemented in a
smooth and timely manner by the provisions of the LARP. During the implementation of
DDR, the consultants will ensure that no persons/households are impacted due to
construction works, including ongoing rehabilitation measures.
7.4 Design Institute - “JSC Sredazenergosetproekt” (SAESP)
115. SAESP is one the most significant design and survey company in Uzbekistan as
well as in Central Asia for designinghigh voltage transmission line projects. It has past
experiences with previous transmission line designs of UE. In this project, SAESP will be
responsible for finalizing the detailed design. The role of the TEP in this TPP2 project
includes design and control during the construction activity.
116. SAESP will collaborate and work closely with the PMU/Safeguard Team and has
the following tasks:
(i) look for measures and alternatives to avoid and minimize land acquisition and
resettlement impacts during detail design;
(ii) assemble all documents required for compensation if any impactis determined
during detail design
(iii) carry out topographic surveys of the expropriated land and replacement lands, if
any
(iv) elaborate layouts indicating the location of worksites, permanent infrastructures
and perimeter of required surfaces differentiating the land use patterns in the
areas being occupied to serve as a base for the selection of compensation land
(v) Conduct landmarking of the land allocated for the construction.
7.5 UzDavYerLoyiha Design Institute
117. This Design Institute is mainly responsible for land use designs in Uzbekistan. By
the Resolution of Cabinet of Ministers #317, Uzdavyerloyiha is the authorized institution
that develops documentation for land acquisition and land allocation and calculates
agricultural losses due to permanent and temporary land acquisition. It is also responsible
for identifying and verifying property boundaries and ownership for allocated land during
the preparation of the Land Acquisition and Allocation Act (otvod zemli).
7.6 District Branch of State Committee on Land Resources, Geodesy, Cartography and
State Cadaster (SCLRGCSC)
118. SCLRGCSC is a permanent committee with its Provincial and District level
branches. However, it plays an enhanced role throughout implementation. It is
responsible for:
· identifying land losses incurred by land users plus agricultural output losses
32
· determining the degree and area of land restitution, including removal and
temporary storage of productive soil layer
· determining the need for protective sanitary and water protection zones around
constructions
· preparing proposals on the allocation of land plots of equal value under land for
land
· investigating alternatives to acquiring currently used land through developing
unused land
· approving the Implementation Act and the attached plan
· amending government edicts on land use and land ownership as well as other
cadaster documents.
7.7 District (Khokimyat) (Governorates)
119. District (Khokimyat) will be intimately involved in the LARP review and
implementation which forms the Commission on Land Acquisition and District Evaluation
Commissions. These will form district land acquisition and resettlement committee
(DLARC) which will undertake the following:
· outline locations of constructions and structures affected by the project
· select a land for the construction sites
· approves the decree for the right to use the land plot
· forwards the complaints of citizens and affected households to PMU.
7.8 Community-Based Organizations (CBOs)
120. Board of Farmers in Uzbekistan (BFU) and Makhalla leaders will be involved in
land acquisition activities to ensure the rights and interests of affected households.
Implementation of LARP will require close coordination with the local Makhalla
representatives and Board of Farmers. This coordination will help Uzbekenergo in the
following:
(i) dissemination of LARP related information
(ii) checking timely disbursement of compensation to AHs
(iii) obtaining early warnings on the grievances of AHs
(iv) verifying as to whether the vulnerable AHs were identified according to requirement
laid down in this LARP and
(v) collecting information regarding any unexpected impacts, if any, being incurred by
the AHs
(vi) forwards the complaints of citizens and affected households to PMU.
121. The CBOs will ensure that vulnerable households be adequately supported by
national livelihood support program.
8. IMPLEMENTATION SCHEDULE
122. Upon the approval of final DDR, notice to proceed for construction works will be
given by ADB to UE. The activities mainly includes initiation of the land development
process, site preparation for delivering the site to contractors for construction and finally
commencement of the civil work. There is no any compensation payments and
allowances so that construction works can be commenced right after the disclosure of
DDR in the website of UE and ADB.
33
123. During implementation, the AHs will need to be informed about their rights and
options, at which point they will have their say and discuss matters that need clarification.
Cash compensation amount and size of land offered for compensation will be presented
to each eligible APs for consideration and endorsement before cash payment, or land
compensation can be affected. A committee of peers will be set up for grievance redress.
124. Implementation of DDR for the selected sections of the project and post-
implementation is summarized in below Table 7.1
Table 7.1: Implementation schedule
Step Action Responsibility Timing
A. UPDATING OF DDR
1. Finalization of DDR PMU February 2019
B. DDR IMPLEMENTATION
2. No objection notice from ADB ADB February 2019
3. Notice to proceed for civil works is issued ADB/UE February 2019
C. ITERATIVE TASKS
4. Internal monitoring. Quarterly reporting to ADB PMU continuous
5. Inter-agency coordination and communication PMU, UE continuous
125. If during the implementation stage any involuntary resettlement, land acquisition
from households or entities will be identified, then these AHs are eligible to get
entitlements specified in draft LARP developed for NWRTLP.
9. CONCLUSION AND RECOMMENDATIONS
126. As per the findings of due diligence study and final design documents neither
permanent nor temporary impact to households, farmers and private legal entities are
expected due to the modernization/expansion of Khorezm SS and new construction of
Sarimay Switchyard. There will be no impact regarding land acquisition and no
physical/economic displacement that may trigger involuntary resettlement in these two
sections of the project.
127. During the construction works at sections of the project, there may be some
temporary disturbance caused by project contractors. Such a disruption would possibly be
incurred by excavation works on the sediment excluding basin, mobilizing heavy
machinery and equipment to the construction site, limited access to the agricultural land
plots in the neighborhood of the construction site, etc. Temporary disturbances will be
mitigated/reduced/eliminated by:
i) informing all residents, local households and traders about the nature and duration
of work though makhalla chairman
ii) providing access roads for Sarimay Switchyard
iii) Providing walkways for pedestrians of near to Khorezm Substation
iv) increasing the workforce and using appropriate equipment to complete the work in
a minimum timeframe on these stretches.
34
128. EA will address such issues through proper conditions in the Environmental
Management Plan that will be annexed to the main Contract between UE and Contractor
for the Civil Works.
129. One of the conditions for there lease of final payment to the civil works contractors
is the submission of proof that DDR followed and neither permanent nor temporary impact
has been observed during the construction period. If there were unanticipated impacts,
then, temporarily used lands have been fully restored to their pre-project conditions.
130. Since land allocated for Sarimay Switchyard out of the State Reserve Land, a land
restoration cost was paid by UE to the special account of Regional SCLRGCSC branch of
Khorezm Region. This payment is not considered as compensation for affected
households. This payment is paid from one state organization to account of the other
state organization. Therefore, it is not considered as involuntary resettlement.
131. The EA will be responsible for documenting monitoring reports on DDR completion
reports through its PMU to ADB for review on the semi-annual (annual) basis.
132. The contractor will submit construction plan/schedule particularly for Khorezm and
Sarimay SS to EA and this will be notified and disseminated to the local people in
advance. EA through its PMU representative and PIC’s supervision consultants on the
site will monitor and supervise this process. All necessary steps should be taken during
construction to avoid temporary impacts like loss of access leading to an impact on
livelihoods or any other kinds of restrictions.
133. Any grievances by local people will be addressed through the grievance redress
mechanism established under the project. EA will ensure resolution.
134. If during the project implementation any unanticipated impacts or additional
impacts are identified regarding involuntary land acquisition then EA shall prepare a LARP
by the Safeguard Policy Statement 2009 of ADB. Until such planning documents are
formulated, disclosed and approved by ADB, the Executing Agency will not proceed with
implementing the specific project components for which involuntary resettlement impacts
are identified. Affected land and attachments on the land will be restored to its pre-
subproject condition. Permanent damages to improvements/structures, if any, will be
compensated in cash at replacement cost following the provisions in the entitlement’s
matrix provided in this resettlement due diligence report and rules made in a LARP if
required.
135. Despite there is no negative social impact regarding involuntary resettlement and
land acquisition from affected households, there is an environmental impact during the (i)
pre-construction, (ii) construction, (iii) operation and maintenance, and iv)
decommissioning stages. Environmental Management Plan (EMP) was prepared for this
purpose that identifies feasible and cost-effective measures to be taken to reduce
potential significant, adverse impacts to acceptable levels. Here, proper mitigation
measures are proposed for each potential impact, including details on responsible parties
for the implementation of mitigation measures and supervision. This EMP shall be
followed by the Contractor during the construction phase and monitored by Safeguards
Specialist of PMU.
35
136. The results of this Due Diligence study conclude that, as per ADB Safeguard
Policy Statement, the project’s sections (4) Khorezm Substation and (7) Sarimay
Switchyard is categorized as ‘C’ for both Involuntary Resettlement and Indigenous
Peoples. As the construction will be confined to the distinct project site and the state
reserve land, there will be no temporary disruption of livelihood of any household or group
of community in Urgench and Nukus settlements during the construction period. In case
any claims or complaints are submitted during the project implementation period, an
effective and efficient Grievance Redress Mechanism will enhance the provision of timely
and sensible hearings and facilitate solutions.
36
9.1 Annex 1: No-objection Letter by ADB
37
9.2 Annex 2: Architectural Planning Assignment for Khorezm Substation
38
9.3 Annex 3: Extract from Architectural Planning Assignment for Khorezm Substation
39
9.4 Annex 4: Extract from Cadaster Document of Khorazmelektrqishloqqurilish
(Allocated land is marked in red lines)
40
9.5 Annex 5: Architectural Planning Assignment for Sarimay Switchyard
41
9.6 Annex 6: Extract from Architectural Planning Assignment showing the Allocated Land
(Allocated land for Sarimay switchyard marked as a rectangle)
42
9.7 Annex 7: Land Selection Order by District Khokim for Sarimay Switchyard
43
9.8 Annex 8: Land Selection act prepared by Uzgiprozem for Sarimay Switchyard
44
9.9 Annex 9: List of Consulted Stakeholders
StakeholderOrganization
Name and Position Discussed Questions
State Unitary Enterprise,Uzelektroset
Karimov BahriddinDeputy Director
Possibility to start construction worksfor sections where there is noinvoluntary resettlement.
North West Main PowerNetwork
Saparboyev RufatDirector
Construction works during theimplementation. Unanticipatedimpacts during the implementationstage
Sredazenergosetproekt Alla DrobovaChief Design Engineer
Final Design and right of ways, safetyzones of substations discussed.Settlements are out of the safety zoneare has been confirmed
Sredazenergosetproekt Asanov RemziHead of Survey division
The survey work was carried outduring the 2016-2018 years. Impactson other grids and networks within theselected land for Sarimay switchyard
Khazorasp districtKhokimiyat
Ravshan JabborovKhokim
Discussion on selected lands forSarimay switchyard. Avoidance andmitigation of possible impacts byContractors duringtheconstructionworks
Urganch city SCLRGCSC N.JabborovHead of the division
The cadastral document ofKhorazmelektrqishloqqurilish andKhorezm substation wereconfirmedfor the boundaries and territories.Ownership status and owners areidentified.
Uzdavyerloyiha DesignInstitute
Artur TadjievEngineer
Land allocation procedure, theownership status of the SarimaySwitchyard lands are discussed.Engineer confirmed that the land isunder the State Reserve land and noaffected households exist.
45
9.10 Annex 10: List of Consulted Stakeholders
Not addressed within
2 weeks
LEVEL-2
·M akhalla
committee
·Site Engineer of
NWM PN
·Site office of
Contractor
· District khokimiyat
Grievance
Addressed
People living near
to subprojects
Project M anagement
Unit in Tashkent
Grievance
Addressed
Complaint handling team within
PM U
Not addressed within
15 Days
Economic Court
People can approach the court of law at time during
the Grievance redress process independent of GRM
and the grievance mechanism should not impede
access to the country’s judicial or administrative
remedies
46
9.11 Annex 11: List of Consulted Stakeholders
Cover page:
GRIEVANCE REDRESS MECHANISM
THE LOG BOOK OF COMPLAINTS, SUGGESTIONS, AND GRATITUDE
N Date The contentof
Grievances/Complaint
/Suggestions/Gratitude
Applicant/Aggrieved
Person(Full
Name)
Contactdetails
Signature/Note
Accepted by
Continuation:1) Answer orally /
date2) Replied inwriting/date
3) Forwarded toanother authority(to be indicated) /
date4) Other action (tobe indicated) / date
The shortcontent ofthe status
ofresponse
andreimburse
ment(1-
satisfactory,
2-partiallysatisfactory,
3-unsatisfacto
ry.)
1
2
3
For the implementation of :
Loan 3285-UZB: Northwest Region Transmission Line Project (NWRTLP)
Subproject Name (Sections 1 to 7)
Name Makhalla committee/ Contractor working office/Hokimiyat and PMUTashkentoffice/:
District, Province:
Notice: The grievance book should sequentially be numbered and pages have been bound
securely
