Land Acquisition and Resettlement Plan

Project Number 42091 June 2013 Draft

Lower Kokcha Irrigation Project

MFF 0033-AFG: Water Resources Development Investment Program - Tranche 2

Prepared by the Ministry of Finance, Ministry of Energy and Water, and Ministry of Agriculture, Irrigation and Livestock for the Asian Development Bank (ADB).

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The Land Acquisition and Resettlement Plan 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.

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Acronyms

ADB Asian Development Bank ADF Asian Development Fund AF Affected Family AJC Archi Jedid (New) Canal AKC Archi Kuna (Old) Canal AMC Archi Main Canal ANDS Afghanistan National Development Strategy AP Affected Person (People) CPS Country Partnership Strategy CS Census Survey DMS Detailed Measurement Survey EA Executing Agency EMA External Monitoring Agency ESC Engineering and Supervision Consultants FAO Food and Agricultural Organization (United Nations) GoIRA Government of the Islamic Republic of Afghanistan IA Implementing Agency IR Involuntary Resettlement IP Indigenous People LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LARF Land Acquisition and Resettlement Framework LKIP Lower Kokcha Irrigation Project LKIS Lower Kokcha Irrigation Scheme LML Law on Managing Land Affairs MEW Ministry of Energy and Water MFF Multitranche Financing Facility MoF Ministry of Finance NBD Northern Basins Development NGO Non-Governmental Organization NVDA Nangarhar Valley Development Authority OFWM On Farm Water Management O&M Operations and Maintenance PDF Program Development Facility PIO Project Implementation Office RBA River Basin Agency SPRSS Summary Poverty Reduction and Social Strategy WRDIP Water Resources Development Investment Plan WUA Water User Association

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Glossary

Affected Family: All members of a family living under one roof and operating as a single social unit, who are affected by the project or its component. Affected Person/People: All the people affected by the project through land acquisition, relocation, loss of income and livelihood or any other type of loss; include any person (men. women, children, disabled, sick, refugees, etc.), household, firms, public or private organization, community organizations, religious institutions. Accordingly, APs include: (a) persons whose place of living is affected (b) farmers and nomads whose main form of livelihood is affected due to loss of trees, crops, grazing areas, forests, etc. (c) persons whose businesses are affected and who may experience loss of their business income due to project activities (d) persons who lose their employment and income due to project activities and (e) persons who lose their community activities, contacts and resources due to project impacts. Compensation: Payment in cash or in kind as cost of replacement of their assets, resources and income opportunities due to the project. Cut-off date: The date after which affected people will not be considered eligible for receiving compensation. They are hence not included in the list of APs/AFs as defined by the survey census. Under normal circumstances, cut-off date is the date on which the Detailed Measurement Survey will be commenced. Detailed Measurement Survey: The detailed inventory of losses that is completed after detailed design and after marking of project boundaries on the ground. Entitlement: Range of measures comprising of compensation, income restoration, transfer assistance, income substitution. Income Restoration: The process of re-establishing AP’s income to the level s/he enjoyed prior to relocation. Inventory of Losses: The pre-appraisal inventory of assets as a preliminary record of affected and/or lost assets. Jerib: Local measurement of area. One jerib equals 2,000 m2. Therefore 5 jeribs are equivalent to one hectare. Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land the person owns or possesses to the ownership and possession of the government agency requiring the land for public purpose in return for compensation. Livelihood: The total package of earnings either in cash or kind a person generates for his/her survival. Mirabs: Traditional leaders known as “Water Masters” who assist farmers in water management and irrigation infrastructure operation and maintenance work. No-Objection-Certificate: The certificate issued by ADB after conducting a comprehensive audit to ensure that APs and their assets have been completely removed from the site to begin civil work. Non-titled: Those who have no recognizable rights or claims to the land that they are occupying. Also, includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation for the land that they occupy. Poor: Those falling below the official national poverty line (equivalent to 2,350 calories per day) of Afghani 700 per person per month (2009). Rehabilitation: Compensatory measures provided under the policy framework on involuntary resettlement other than payment of the replacement cost of acquired assets. Relocation: Physical relocation of an AP from a pre-project location of his/her residence Shura: The formal institution established for coordination and implementation of all development activities including conflicts resolution at the community level.

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Table of Contents Acronyms ........................................................................................................................ iii Glossary .......................................................................................................................... iv A. BACKGROUND AND PROGRAM DESCRIPTION ............................................................ 1

a. Lower Kokcha Irrigation Project ................................................................................. 3

b. Impact and Outcome .................................................................................................. 3

c. Outputs ....................................................................................................................... 3

B. OBJECTIVES OF LARP .................................................................................................. 4

C. PREVIOUS DOCUMENTS ............................................................................................. 4

a. Summary Poverty Reduction and Social Strategy (SPRSS) ......................................... 4

b. Involuntary Resettlement Categorization (IRIC) ........................................................ 4

c. Indigenous Peoples Categorization (IPIC)................................................................... 4

d. Land Acquisition and Resettlement Framework (LARF) ............................................. 4

D. PARTICIPATORY CONSULTATION AND IMPACT ASSESSMENT ...................................... 4

a. Land Ownership .......................................................................................................... 5

b. Type of Land ............................................................................................................... 9

c. Impacts on Housing .................................................................................................... 9

d. Other Structures ......................................................................................................... 9

e. Impacts on Trees ........................................................................................................ 9

f. Impact on Grazing....................................................................................................... 9

g. Socio-economic Information on Affected People ...................................................... 9

E. SURVEY ON AP ........................................................................................................... 9

a. Timeframe of the surveys ......................................................................................... 10

F. LEGAL AND POLICY BACKGROUND ........................................................................... 10

G. THE PROGRAM COMPENSATION ELIGIBILITY AND ENTITLEMENTS ............................ 11

a. Eligibility and Entitlements ....................................................................................... 11

b. Assessment of Compensation Unit Values ............................................................... 13

H. PUBLIC PARTICIPATION AND DOCUMENTS DISCLOSURE ........................................... 14

I. INSTITUTIONAL ARRANGEMENTS ............................................................................. 14

a. MEW ......................................................................................................................... 14

b. ESC 14

c. Local Governments ................................................................................................... 15

d. Central Government ................................................................................................. 15

J. GRIEVANCE REDRESS PROCESS ................................................................................. 16

K. RESETTLEMENT COST ESTIMATES ............................................................................. 18

a. Assets Acquisition and Compensation Cost ............................................................. 18

b. LARP Implementation and Support Costs ................................................................ 19

L. MONITORING AND EVALUATION ............................................................................. 20

M. IMPLEMENTATION PROCESS .................................................................................... 20

Appendices

Appendix 1: Agreement with Khwaja Ghar district ................................................................ 23

Appendix 2: Agreement with Archi District ............................................................................ 26

Appendix 3: Agreement with Imam Sahib district .................................................................. 29

Appendix 4: Proposed CS and DMS ........................................................................................ 32

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Tables

Table 1: . Results of Preliminary Survey in Archi Main Canal, Archi Kuna Canal, Archi Jedid Canal ................................................................................................................. 6

Table 2: Results of Preliminary Survey along the alignment of main drains ............................ 8

Table 3: Entitlement Matrix .................................................................................................... 11

Table 4: Grievance Resolution Process ................................................................................... 17

Table 5: Estimated Cost of Implementation of Land Acquisition and Resettlement for LKIP ........................................................................................................................... 19

Table 6: LARP Tasks Process and Responsibility ..................................................................... 20

Table 7: Project Implementation Plan .................................................................................... 22

Figures

Figure 1: Map of the project area ............................................................................................. 2

Figure 2: Organizational Chart for Project Implementation ................................................... 16

Figure 3: Grievance Redress Mechanism ................................................................................ 17

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Land Acquisition and Resettlement Plan (LARP) Water Resources Development Investment Project (WRDIP) - Tranche 2

Lower Kokcha Irrigation Project (LKIP)

A. BACKGROUND AND PROGRAM DESCRIPTION

1. On 23 September 2009, the Asian Development Bank (ADB) approved a $303.3 million multitranche financing facility (MFF) for the Water Resources Development Investment Program (Afghanistan) (WRDIP) to co-finance investments in the water resources sector in Afghanistan. The investment program is financed by grants from the Asian Development Fund (ADF). The investments are to be financed in three tranches; with the original financing plan being a first tranche of $90 million (actual approval $92.8 million), a second tranche of $129 million, and a third tranche of $84 million.

2. The expected impact of the MFF is an increase in agricultural productivity, and the outcome is improved water resources management. The investment program will finance (i) the rehabilitation and upgrading of existing and development of new irrigation and water resources infrastructure, (ii) flood management infrastructure, (iii) institutional strengthening, and (iv) capacity building for key staff throughout the sector.

3. Afghanistan is largely an agrarian society with the agriculture sector accounting for 20% of gross domestic product, and 78.6% of the labor-force are engaged in farming. Agriculture in Afghanistan is dependent upon irrigation, with irrigated agriculture accounting for about 80% of all agricultural production. However decades of conflict has weakened the institutions responsible for operation and maintenance (O&M) and as a result much of the irrigation infrastructure is badly damaged or inoperable. A recent FAO collaborative survey estimated 190,000ha under intensive (double crop) irrigation, 1,370,000ha of single crop and 1,600,000ha of irregular irrigation in Afghanistan. Consequently half the country’s irrigable area is only partially under irrigation and significant rehabilitation and upgrading investment is required to restore existing infrastructure and thus improve agricultural productivity and household incomes.

4. The Country Partnership Strategy (CPS) (2009-2013) prioritizes development of agriculture and natural resources through improved irrigation and water resource management. The overriding objective of the Afghanistan National Development Strategy (ANDS) is to substantially reduce poverty, improve the lives of the people, and create the foundation of a secure and stable country. To achieve this objective one of the ANDS pillars is infrastructure and natural resources, which includes water resources and irrigation development.

5. The Water Resources Development Investment Program – Tranche-1 has four components: (i) northern basins development (NBD), which includes rehabilitation and upgrading of irrigation infrastructure, and development of a river basin agency (RBA) and water user associations (WUAs) for water management; (ii) Nangarhar Valley Development Authority (NVDA) improvement that includes irrigation rehabilitation and upgrading, development of WUAs, and a management reform plan for the NVDA, (iii) flood management that includes development of flood protection infrastructure along the Amu Darya River and development of a national flood management program; and (iv) project management and program development facility (PDF) to prepare the second and third tranches of the MFF.

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Figure 1: Map of the project area

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a. Lower Kokcha Irrigation Project

6. The Lower Kokcha Irrigation Project (LKIP) is proposed under tranche 2 of MFF. The infrastructure of LKIP has seriously deteriorated due to (i) age (much is nearly 40 to 50 years old); (ii) underfunding and ineffective O&M due to long conflict; and (iii) lack of institutional capacity to efficiently operate and manage the project. The LKIP comprise of Shahrawan intake, Archi intake, Shahrawan and Archi main canals, and associated water control structures, some of which are inefficiently located and constructed. Heavy siltation from surrounding hills due to flash floods causes serious damage to main canals and waterlogging of agricultural areas. Although the irrigation water is not generally a problem in the project area, the siltation of canals, damage to water control infrastructure and poor water management result in unreliable and inequitable water supply in the command area. The cropping intensity and crop yields in the project area have declined significantly over the years. The total number of beneficiaries in the project area is estimated at 373,400 and almost 80% of the population is fully dependent on agriculture in the project area.

7. The LKIP is designed to rehabilitate and improve the main irrigation canals and associated intake structures in two irrigation zones; (i) Zone I located in the district of Imam Sahib (Kunduz province), comprises a gross area of 51,760ha, and is irrigated by the Imam Sahib canal system, which is supplied by the Shahrawan intake on the Panj Amu river; (ii) Zone II is located in the districts of Dasht-e-Archi (Kunduz province) and Khwaja Ghar (Takhar province), has a gross area of 27,900ha, and is irrigated by the Archi Main canal which has a free intake on the Kokcha river. Improvement of the two canals will result in reliable irrigation supplies to 74,300ha in the Lower Kokcha Irrigation Scheme (LKIS). This includes an additional 3,000ha of land that was formerly out of command due to inadequate supply from the Archi Main Jaded canal and the reclamation of 2,000ha of land that is currently waterlogged.

8. ADB through missions, due diligence and coordination with the Afghanistan Government and other donors reached the conclusion that the proposed Tranche-2 will significantly contribute to the outputs and the outcome of the MFF. The Design and Monitoring Framework (DMF) for Tranche-2 has been prepared. The project impact and outcomes are discussed below.

b. Impact and Outcome

9. Impact. The impact of the project will be increased agricultural production in Kunduz and Takhar provinces in northern Afghanistan. The impact indicators include at least a 10% average increase in the agricultural productivity of irrigated areas by 2020 and improved crop yields of primary crops: rice from 2.5 to 2.75 t/ha and wheat from 2.3 to 2.53 t/ha, from 2014 to 2016.

10. Outcome. The outcome will be improved water resources management in the Lower Kokcha Irrigation system. The outcome will be measured by delivery of sanctioned irrigation supplies in LKIS 74,300 ha command area by 2016; increased cropping intensity in LIKP Zone I from 142 to 170% from 2015 to 2018; and increased cropping intensity from 85 to 117% in Zone II by 2018.

c. Outputs

11. The project outputs will be as follows:

(i) The rehabilitated LKIS delivers reliable irrigation supplies. The project output will be achieved by rehabilitation of Shahrawan intake to supply original discharge; rehabilitation of Shahrawan main canal; rehabilitation of Archi free intake to supply design discharge of 36 m3/s; and rehabilitation of Archi main canal to its original design capacity.

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(ii) The capacity of water management and agricultural extension institutions in LKIP are improved. This output will be achieved by establishing and strengthening 22 WUAs and 40 IAs to become fully operational by 2016; building capacity of 150 RBA and SBA staff in water management; building capacity of 50 DAIL staff in irrigation extension and OFWM by 2016; training 1500 farmers; establishing participatory technology demonstrations; and introducing irrigation service fee across LKIP for improved operation and maintenance;

(iii) Project is implemented on time and within the budget. This output will be achieved by timely award and completion of project contracts on time and within contingencies. The progress will be measured by submission of timely progress reports, annual reports, audit reports within 4 weeks of due date.;

B. OBJECTIVES OF LARP

12. The two main objectives of the LARP are as follows:

(i) To assess the scale of loss of land and non-land assets, and loss of income and livelihood opportunities; and

(ii) To assess the preliminary cost of LARP. 13. It is required that the LARP is updated after detailed designs have been completed.

C. PREVIOUS DOCUMENTS

a. Summary Poverty Reduction and Social Strategy (SPRSS)

14. The SPRSS has been prepared and submitted

b. Involuntary Resettlement Categorization (IRIC)

15. The IRIC has been prepared and submitted. Data derived from the feasibility study (FS) has shown that there are an estimated number of 190 APs which may coincide with some 45 households.. It must be noted that the FS has assessed 3 alternatives. The alternative that has been chosen by GoIRA has been called the low capacity options. Indigenous Peoples Impact Categorization (IPIC).

c. Indigenous Peoples Categorization (IPIC)

16. The IPIC has been prepared and submitted. The chosen alternative (low capacity) has been categorized as C, and has therefore limited to no impact on IP.

17. LKIP will provide social structures such as cattle drenching places. These drenching places will be used by Kuchi (IP) on their migrating routes to and from their summer grazing areas in Badakhshan and by farmers in the command area. It will be made clear in the participatory consultation that Kuchi are allowed to use these drenching places. Although it has been categorized as C, the positive attention to Kuchi, the IPIC may be qualified as category B.

d. Land Acquisition and Resettlement Framework (LARF)

18. The LARF has been prepared and submitted by 31st May 2013. The LARF forms the basis of this LARP.

D. PARTICIPATORY CONSULTATION AND IMPACT ASSESSMENT

19. The proposed civil works will have limited land acquisition impacts, which makes LKIP a category B project with regards to involuntary resettlement. Based on the feasibility

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study and preliminary survey there is an estimated number of 190 affected people (AP). This number will be confirmed with the census survey and will be finalized in the updated LARP.

20. The area of land that needs to be acquired has been estimated at 171.8 ha (859 jerib). This land is situated along the main irrigation canals as well as the main drains (see Figure 1).

21. The international expert, together with the design team has held community consultations to present the design and to discuss LAR issues with stakeholders. At the time of writing the loss of land along the canal will be limited to small patches of land and parts of structures. The exact amount (in jerib, or m2, when it comes to housing) is not yet known and will be in the updated LARP.

a. Land Ownership

22. There will be impact on land ownership. There will be a number of landowners that will be affected. However, it is anticipated that these landowners will lose less than 10% of their land. Therefore these landowners are not considered to be seriously affected.

23. The table below (Table 1) provides an initial list of APs. Since no CS or DMS has been conducted, it cannot be established how big the impact might be. Also no household details have been included.

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Table 1: Results of Preliminary Survey in Archi Main Canal, Archi Kuna Canal, Archi Jedid Canal

S/N Owner Canal

ID

Name of

village

BM Coordinates Type of property Affected area (m)

(to be confirmed in

census survey)

District/Province

Name Father

Name N E

1 A.Nasir Gholam.M AKC Dongshakh 15 37 02.5702 069 15 0029 Ag. land 11.0m Archi/Kunduz

2 A.Nasir Gholam.M AKC Dongshakh 15 37 02.5702 069 15 0029 House 11.0m Archi/Kunduz

3 Obidullah Haji Namaz AKC Dongshakh 15 37 03.314 069 16.035 House 11.0m Archi/Kunduz

4 Haji Ghafoor Haji Nasrudin

AKC Dongshakh 15 37 03.312

069 16.017 House 11.0m Archi/Kunduz

5 Ab.Shkoor Haji Nasrudin

AKC Dongshakh 15 37 03.301

069 15.999 House 11.0m Archi/Kunduz

6 Haji Ab.Basir Haji Nasrudin

AKC Dongshakh 15 37 03.232 069 15.948 House 11.0m Archi/Kunduz

7 Kotman Buloboy AKC HajiPer.M 18 37 01.405 069 13.849 Ag. land 11.0.m Archi/Kunduz

8 Haji Pir.M Gulnoor AKC HajiPer.M 18 37 01.425 069 13.821 Ag. land 11.50.m Archi/Kunduz

9 Khair.M Haji.Din.M AKC HajiPer.M 18 37 01.436 069 13.789 Ag. land 11.50.m Archi/Kunduz

10 Mahmadullah Haji.Khan.M AKC HajiPer.M 18 Ag. land 11.0.m Archi/Kunduz

11 Haji.Gul.M AKC HajiPer.M 18 Ag. land 11.50.m Archi/Kunduz

12 Haji.Ab.Samad Haji.Gholam.M

AKC HajiPer.M 18 Ag. land 12.0.m Archi/Kunduz

13 Sofi Ali Jon Noor AJC Arbab Sekander 37 House 12.0.m Archi/Kundz

14 NoorAli Ahmad Jon AJC Bakhmal Kocha 37 House 12.0m Archi/Kunduz

15 Noor.M Mohommod Jon

AJC Bakhmal Kocha 37 House 12.0.m Archi/Kunduz

16 Mohommodajon Haji Myagul AJC Bakhmal Kocha 37 House Archi/Kunduz

17 Ali .M Nizamudin AJC Bakhmal Koch 37 House 12.0.m Archi/Kunduz

18 Mosque of Bakhmal Kocha

AJC Bakhmal Kocha 37 37 01.453 069 14.689 Mosque 12.0.m Archi/Kunduz

19 Meraj Emamudin AJC Bakhmal Kocha 37 House 11.0.m Archi/Kunduz

20 Khiro Norodin AJC Bakhmal Kocha 37 House 10.0m Archi/Kunduz

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21 Aziz AJC Bakhmal Kocha 37 House 10.0m Archi/Kunduz

22 Hayatullah khan AJC Bakhmal Kocha 37 House 10.0.m Archi/Kunduz

23 Abdul Rahman Amir Mohomad

AJC Hazjdahnahr 42 Ag. Land 10.0.m Archi/Kunduz

24 Haji.Ab.hamid Amir Mohomad

AJC Hazjdahnahr 42 House 12.0.m Archi/Kunduz

25 Khliq Dad Gulmohomad

AJC Hazjdahnahr 42 36 57.536 069 11.818 House 12.0.m Archi/Kunduz

26 Abdullah Abdul Haq AJC Hazjdahnahr 42 House 12.0.m Archi/Kunduz

27 Ajab Said Noor AJC Hazjdahnahr 42 House 11.0.m Archi/Kunduz

28 Hayatullah Haji Qul AMC Zard Kama Fruit trees 200 m2 Thakar/Khojagar

29 Fazal Haq Haqdad AMC Manchaqur Ag. Land/trees 480 m2 Thakar/KhojaGar

30 Haji Dalaubar Haji Qul AMC Zard Kamar Ag. Land, wall 120 m2 Thakar/Khojagar

31 Ali Mohamad Haji Esmail AMC Manchaqur Land/tress 160 m2 Thakar/Khojagar

32 M. Yousef Kheder Qul AMC Dobandi Land/trees 210 m2 Thakar/Khojagar

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Table 2: Results of Preliminary Survey along the alignment of main drains

SN Name Father Name

Name of Drain

Name of village

Name of District

N E Type of property

Area affected

1 Haji Enzer Gul M.Afzal MD 3-4 Nakhyan Archi L= 9.5 km (from Se Pnja) House L= 5.40m

2 Haji Mirza Lalubai MD 3-4 Spin Jumat Archi 37 04.892 069 05.013 Agr.Land L=4.5m

3 Alam Khan Mula Yaran MD 3-4 Hazarah Chinar Archi 37 05.485 069 04.805 Agr.Land L=5.8m

4 Mir Salam Gul Afghan MD 4-5 Hazarah Chinar Archi 37 05 390 069 03.270 Agr.Land L=6.0m

5 Din Mohammad Jan M. MD 4-5 Churagh Imam Sahib 37 05.915 069 03.380 Agr.Land L= 7.5.m

6 Haji Zarbat MD 5-6 Churagh Imam Saheb 37 05.928 069 03.381 Agr.Land L= 8.50m

7 Yarmullah khan Sadullah MD 5-6 Chaghar Imam Saheb 37 06.576 069 03.217 Agr.Land L=9.90m

8 Arbab M.Ali Mohamad Ibrahim MD 5-6 Chaghar Imam Saheb 37 06.911 069 03.138 Trees L= 6.0

9 Safar Mohammad Khudai qul MD 5-6 Chaghar Imam Saheb 37 06.927 069 03.136 Non irr.Land L= 7.0m

10 Karim Berdi Awlia Qul MD 5-6 Chaghar Imam Saheb 37 06.977 069 03.115 Non.irr..Land L= 8.0

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24. In the updated LARP a full list of all APs will be presented, their losses of land, housing, trees etc. and the total value of the impact.

b. Type of Land

25. There are a number of types of land use in the site. The first is irrigated land used for annual cropping as mentioned above. The second is orchard land which also has access to irrigation. The three districts have used different categories for land. However, it may be assumed that there will be no difference in these categories, since the land is, either, located along the canals, or along the drains.

c. Impacts on Housing

26. There will be impact on housing in more or less the same way as there will be impact on land ownership. Along the main canals a number of APs may lose (part) of their house. It is expected, however that the number of houses that will be completely demolished is none.

d. Other Structures

27. During the CS and DMS, the number of other structures, such as shops, and other structures, will be determined, and valuated.

e. Impacts on Trees

28. Trees along the canal will need to be removed. During the CS and DMS, the number of trees and their ownership will be determined.

f. Impact on Grazing

29. There is no specific grazing area along the canals. There could, however be some grazing areas in the drains. The DMS will establish the total area of grazing areas.

g. Socio-economic Information on Affected People

30. A socio-economic household survey has been held among the total number of beneficiaries in the project area. A socio-economic survey will be held among some 20% of APs.

E. SURVEY ON AP

31. In order to measure these impacts a survey will be conducted. This survey has a number of elements:

(i) A census survey (CS) (ii) A detailed measurement survey (DMS); (iii) A valuation survey; and (iv) A socio-economic household survey covering about 20% of the APs.

32. The census survey will verify the preliminary survey and generate a list of all the AP in the project area. The line of impact will be along the corridor of impact (COI) of Archi Canal and Shahrawan canal, as well as the drains that remove the access water in the project area.

33. In the FS the estimated number of APs has been set at 190. The census survey will verify this number, and will come up with the actual number of APs.

34. The DMS will establish the exact amount of loss of land (m2, jerib), structures (number or m2), crops, trees, etc. that will be affected by the construction activities.

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35. The valuation survey has partly been carried out to establish the value of the assets that are being lost. An initial valuation survey has been conducted. The results can be seen in Appendix 1 to Appendix 3. These appendices reflect the views of those concerned.

36. The socio-economic survey is required to have an impression of the socio-economic status of the APs. It should be noted that a household survey has been conducted in the feasibility phase of the project. This database can also be used as reference material for this particular household survey. This particular survey will consist of some 20% of AFs.

a. Timeframe of the surveys

37. A decision on the surveys will be made at the beginning of July 2013. The field work will be closely liaised with the detailed design team. However, due to security reasons – especially in Archi, it may be decided not to go into the field.

F. LEGAL AND POLICY BACKGROUND

38. There are no laws or legislation in Afghanistan that specifically address matters related to IR. However, there are four important laws and policies that provide the basis for acquisition of land for public purpose. These are:

(i) The Law on Land Expropriation (8 October 2000); (ii) The Land Affairs Management Law (LML) (2008); (iii) Amendment to The Law of Land Expropriation (3 April 2005); and (iv) The Land Policy (2006)

39. Besides these 4 laws there is the Constitution. Although the Constitution does not directly address land rights, provisions are largely tradition with classical provisions such as guarantee of protection of private property (but with no clear definition of what constitutes private property), of the right to settle anywhere in the country, and provision for the State to compulsorily acquire private land for public purposes. Private property may also only be confiscated by legal order.

40. The LML Sets out definitions for various land types and classifications, requirements for land deeds, and principles governing allocations of state land, land leasing, land expropriation, settlement of land rights, and restoration of lands. The law recognizes Shari’a.

41. The Land Policy allows for the formalization of land rights in informal settlements, and addresses bottlenecks in land rights administration as well as the overlap in different institutions’ authority over questions of land rights. The Policy also provides for community based management and pledges recognition of community lands.

42. The comparison of the provisions contained in the above laws with that of ADB’s requirement for involuntary resettlement reveals a number of gaps which will be overcome as follows:

That LAR should be minimized where possible. The design consultants are required to critically examine the need for LAR and thereby to avoid and/or minimize where possible;

That a comprehensive consultation and participation plan is prepared to involve affected persons (APs) in LAR process. The APs should be consulted throughout the process and that they be disclosed with all relevant information;

A comprehensive assessment of all affected structures, houses, trees, gardens, plants, crops, etc. is to be undertaken based on the market price and that all APs will be fully compensated prior to their land acquisition;

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Rehabilitation to ensure that at the minimum APs’ pre-livelihood standard is maintained;

Income losses, livelihood losses and other opportunities will be assessed to include in the compensation and rehabilitation package;

All losses to be assessed at replacement costs without allowing for depreciation of buildings and fixtures. APs will be allowed to remove construction materials free of charge;

That a full and fair assessment of all land owners/users to be evaluated before a cut-off date and the date of census is considered as the cut-off date. Land owners without formal title will be compensated. APs will be fully consulted in determining price for their land, property, structures, crops, trees, etc; and

That grievance redress process is properly implemented.

G. THE PROGRAM COMPENSATION ELIGIBILITY AND ENTITLEMENTS

43. The guiding principle of the LARP is to ensure all APs or affected families (AFs), directly or indirectly, are adequately compensated for their loss of income, land, business, wages, livelihood and other losses. They will also receive rehabilitation assistance as appropriate. There are several elements that determine the eligibility and entitlement of the APs for compensation. These elements are described in the proceeding paragraphs.

44. Since the project will comprise 3 districts (Imam Sahib, Archi and Khwaja Ghar), information on prices have been collected from these districts.

a. Eligibility and Entitlements

45. APs eligible for compensation and rehabilitation assistance are basically of four groups:

a) All APs loosing land with title, with formal or traditional land-use rights; b) Share croppers and tenants, whether registered or not; c) Owners of buildings, whether permanent or temporary, trees, orchards, crops,

plants or other objects attached to the land; and d) APs loosing income, salaries, wages, business and other forms of livelihood.

46. All APs /AFs who settled in affected areas after the cut-off date and who cannot prove that their properties are affected will not be eligible for compensation. All APs will be given sufficient advance notice to remove their fixtures, building materials and vacate the properties as per the requirements established (this is usually three months) to serve such notices, prior to the commencement of any civil work. The APs are encouraged to remove all fixtures, crop harvest, etc. free of charge.

47. The compensation and rehabilitation entitlements for each affected item are detailed below in Table 3.

Table 3: Entitlement Matrix1

Loss type

Specification Affected People Compensation Entitlements

Permanent loss of Arable Land

All land losses independent of impact severity

Farmer/Titleholder (5)

Land for land compensation with plots of equal value/productivity to plots lost; or cash compensation at replacement cost based on market rate free of taxes, registration and transfer charges. Unaffected portions of a plot will also be compensated if they become unusable after impacts occur. Each jerib of irrigated land will be

1 Based on information from Kwhaja Ghar district.

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compensated at AFN 200,000 – 280,000. The price of an orchard per jerib is AFN 500,000.

Leaseholder (registered or not)

Transfer of lease to other plots of equal value/productivity of plots lost, or Cash equivalent to the net income from the land calculated on the basis of the market value of annual production of affected land for the remaining lease years (up to maximum 10 years).

Sharecroppers (registered or not)

Cash compensation equal to market value of the lost harvest share once (temporary impact) or twice (permanent impact)

Agricultural workers losing their contract. About 280 labour days will be lost

Cash indemnity corresponding to their salary (which is AFN 450 per day for unskilled labor) in cash for the remaining part of the agricultural year for local people who work as hired labor. Total = 280 x 200 = 126,000

Non-titled cultivators A one-time rehabilitation allowance equal to 1 year's net income from the affected land (in addition to crop compensation) for land use loss.

Additional provisions for severe impacts (> 10% of land, property or assets loss)

Farmer/Titleholder Leaseholder (5 APs)

A one-time severe impact allowance equal to the net income from annual crop production (inclusive of winter and summer crop and addition to standing crop compensation) and the waiving of taxes and fees. This will be AFN to be calculated per AP calculated as 20% of all allowances

Sharecroppers (registered or not)

A one-time severe impact allowance equal to the net income from their annual share of harvest lost (additional to standard crop compensation)

Non-titled land owners

A one-time severe impact allowance equal to the net annual income from the affected land (additional to standard crop compensation)

Temporary Land Acquisition

All APs (including non-land owners with traditional rights)

Affected land/communal infrastructure will be restored or reconstructed to pre-project conditions. Rent shall be agreed between landowner and contractor equal to the revenue lost at market value (e.g. compensation for harvests lost at average yield / hectare) The land affected in this case belongs to the government .

Residential/ Commercial Land

Titleholder Land for land compensation through provision of a plot comparable in value/location to the plot lost; or Cash compensation for affected land at full replacement cost free of taxes, registration and transfer costs. The cost of an average house (including the land) is AFN 500,000.

Non-titled land owners

Provision of a free or leased plot in a Government resettlement area or a self-relocation allowance equal to 1 year at minimum salary.

Houses Buildings and Structures

Full/partial loss of structures

owners (with/without house or building registration)

Cash compensation at replacement rate for affected structure/fixed assets free of salvageable materials, depreciation and transaction costs. For partial impacts, full cash assistance to restore remaining structure. cost of lost water and electricity connections will be included in the compensation.

Renter/Leaseholder

An allowance equal to 3 months’ rent

Standing Crops

Crops affected 5 APs (including non-titled land owners.

Cash compensation equivalent to the gross income from the double crop wheat and rice computed as the market value of the total annual produce from affected land. The compensation amount is AFN 43,000 per jerib of affected land to be paid to 5 (five) landowners based on their land area as detailed in Table 2.

Trees Trees affected 1 AP AFN 412,000 500,000 per jerib

Business/ Temporary/ All APs (including Business owner: (i) Cash compensation equal to 1 year’s

13

Employment permanent loss of business or employment

non-titled land owners)

income, if loss is permanent; (ii) cash compensation for the period of business interruption, if loss is temporary. Compensations based on tax declaration or official minimum salary Worker/employees: Indemnity

for lost wages for the period

of business interruption up to a maximum of 3 months.

Livelihood Vulnerable AP : AP below poverty line. (There are no vulnerable APs.) APs losing their grazing land

1 additional allowance equal to 3 months at minimum salary. Priority for employment in project-related jobs, training opportunities, self-employment and wage-employment assistance. 12 APs losing their grazing will be provided with temporary grazing facility by community leaders on the provision of AFN 50,000 grant

Relocation

Transport/ transitional livelihood costs

All APs affected by relocation

Provision of cash compensation to cover transport expenses and livelihood expenses for one month.

House renters Provision of a cash grant for 3 months’ rent at prevailing rate in the area.

Community assets

Loss/damage to public infrastructure/utilities

Rehabilitation/replacement of affected structures/utilities (i.e. mosques, footbridges, roads, schools, health centres, etc..) to pre-Program level. Damage to community assets was not observed

b. Assessment of Compensation Unit Values

48. The unit rate for each type of affected assets and the methodology for assessing compensation rates of different affected assets are described below. There are five types of affected assets namely, wheat and rice crop, orchard, irrigated land, uncultivated private land, and government land (which is used for animal grazing). The assets that may be temporarily affected due to construction work, stock piling of raw materials, etc. will also be compensated at the appropriate rates provided below. It should be noted that the prices that were derived from the three districts can vary substantially. This, may come as no surprise, since the districts have variations in the supply of irrigation water, and therefore different yields, as well as different prices for land.

(i) Compensation for agricultural land = AFN 200,000 - 280,000 per jerib of irrigated land. This value is based on agreements reached between MEW and representatives of the three districts.

(ii) Compensation for un-cultivable land = AFN 100,000 per jerib. This value is based on agreements reached between MEW and the Governor.

(iii) Compensation for crop losses depending on the crop and the cropping pattern (see = AFN 43,000 per jerib. This value is based on agreements reached between MEW and the Governor.

(iv) Compensation for orchard/trees = AFN 500,000 per jerib. This value is based on agreements reached between MEW and the Governor.

(v) Government land is not valued as the project is planned and undertaken by the government. There will not be any compensation for land that will be paid to the government. However, the LARP budget includes a block sum of AFN 50,000 to develop alternative grazing area as compensation for AFs who use the government land for grazing

(vi) Houses/buildings will be valued at replacement cost inclusive of materials costs, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation, salvaged materials and transaction costs

(vii) One jerib of wheat crop requires 10 labor days calculated as sowing/planting 1 day; harrowing/leveling/weeding 3 days; harvesting 3 days and threshing 3 days.

14

H. PUBLIC PARTICIPATION AND DOCUMENTS DISCLOSURE

49. 44. All land acquisition and resettlement activities will be carried out with the cooperation and assistance of APs and the district administrative agencies in close collaboration with the resettlement team of Project Implementation Office (PIO) under MEW. More specifically:

The relevant officials of provincial and district government will be informed about the Program and their assistance will be solicited in the supervision of the AP census and the inventory of affected assets;

The Engineering and Supervision Consultants (ESC) attached to PMO will carry out the detailed measurement survey (DMS) and other assessment methods with the cooperation of APs and will inform them the results of the survey and the inventory prior to the finalization of the LARP and its submission to Program authorities.

The preference of APs related to compensation and other resettlement assistances will be given due consideration during the planning process.

50. Consultation with APs is a theme that cuts throughout the planning and implementation of the LARP. Several methods of consultation will be planned and implemented such as focused groups, in-depth assessments and other participatory techniques with the purpose of identifying clearly all APs, types of losses and concerns. The Appendix ** provides some tools that have been used for initial consultations conducted for the preparation of this Plan. All such information will be collected, analyzed, recorded and utilized in up-dating the LARP. A recruited Non-Governmental Organization (NGO) and the resettlement specialist will be responsible for planning and implementation of consultations while the latter will be responsible for updating the LARP incorporating issues raised through consultations. The summary of up-dated LARP and the entitlement matrix will be translated into Dari and used in consultations with APs who will be made available with copies as applicable.

51. The up-dated LARP in local language (Dari) will be made available to the APs at the relevant Provincial and district offices, and in community shura offices. The English translation of the updated LARP and pamphlets will be disclosed on the ADB website prior to tranche appraisal, after MEW has approved them.

I. INSTITUTIONAL ARRANGEMENTS

52. The main institutions that will be involved in up-dating and implementation of LARP are MEW, Ministry of Finance (MoF), provincial and district governors, district property office (municipality), other district agencies (Agriculture, Cartography, Land Affairs Management), court, and community shura.

a. MEW

53. The MEW has overall responsibility of coordination with all agencies involved in SLARP up-dating and implementation. The PMO comprised of ESCs and counterpart staff is responsible for the up-dating of LARP, day to day management of the Program, monitoring of LAR related activities and documentation of the process.

b. ESC

54. The ESC is hired to design and assist in the implementation of projects under the Program. The ESC will be working from the PMO who will have sufficient in-house expertise on resettlement planning, implementation and supervision consisting of international and national resettlement specialists. They will analyze the cadastral maps, carry out DMS, identify vulnerable groups, assist relevant agencies in conducting compensation negotiation

15

with the APs, up-date LARP, in close collaboration and consultation with the district governor and relevant line agency staff. The ESC will submit the updated LARP to MEW for approval.

c. Local Governments

55. Local government agencies involved in updating and finalization of the LARP are the property office of the district municipal authorities, and the local Land, Agriculture and Cartography offices. The district coordination committee that will function within the project implementation office (PIO) will provide an effective mechanism for inter-agency coordination and to officially endorse surveys. The composition of the district coordination committee includes the district governor, a representative of each relevant agency, ISC and the implementing NGO. This committee will have the overall responsibility for supervision of land and property valuation, acquisition, and approval of compensation rates. The individual agencies will exercise their specific functions as provided for in the relevant laws, coordinated by the district committee.

d. Central Government

56. The agencies at central government level are the MEW who will have the overall responsibility for agency coordination and lead the entire process as well as the final approval of the up-dated SLARP prior to its implementation. The other offices that will closely work with MEW include Central Land Affairs Management Department, the local government including property offices, the Ministry of Agriculture, Irrigation, and Livestock (MAIL), Ministry of Justice and the Ministry of Finance, the latter as the Executing Agency (EA). These offices will provide advice on SLARP up-dating and its implementation, and assist resolve matters that district teams are not able to resolve.

57. The agencies involved in up-dating and implementation of this LARP and their relationships are graphically presented in Figure 2.

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Figure 2: Organizational Chart for Project Implementation

J. GRIEVANCE REDRESS PROCESS

58. The main objective of providing a grievance redress process is to avoid potential delays on the commencement and implementation of the construction program. The APs should be made fully aware of procedures for resolution of grievances which will be the main responsibility of the NGO. The cost of establishing the grievance redress process is considered as part of the overall institutional cost associated with the project. The costs of consultants, staff and NGO have already been included in the project budget. The time of shura and other government staff that will be involved in the grievance redress process will be compensated through payment of an appropriate allowance from the operational budget of the PMO. These costs will be agreed and approved by the district coordination committee. Hence, the grievance redress cost is not calculated as a separate item in the LARP budget.

59. Care will be taken to prevent grievances rather than going through a redress by ensuring active participation of APs in the SLARP updating and implementation process. All attempts will be made to resolve grievances informally at the local level. If this attempt fails, APs will have the option of taking their complaint to the formal mechanism of addressing grievances, graphically shown in Figure 3 and is described in Table 4.

Government of

Afghanistan

ADB

EMA MEW

PIO Consultants and Counterpart staff

District Coordination Committee

Shura Men - Women

Affected People

Provincial & District Staff

of MEW

Local Government

Agencies

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Figure 3: Grievance Redress Mechanism

Table 4: Grievance Resolution Process

Land/ Crops Compensation Issues

1. First, complaints resolution will be attempted at shura level. The selected NGO can, if needed, assist the AP with filing his complaint. with the involvement of the senior district property supervisor, the district governor and implementation NGO.

2. In absence of a settlement, APs may lodge a complaint at the District level. The District Committee will be chaired by the District Governor.. The District Committee will decide the case within 15 days and inform the AP.

3. If the District Committee decision is unacceptable to the APs, they can register the complaint directly to the PMO within 1 month of receiving a response from the District Committee with documents supporting their claim. The PMO will respond within 15 days of registering the complaint. The PMO decision must be in compliance with these LARP provisions.

4. Should all three levels of above grievance redress system fail to satisfy the AP, he/she may approach the appropriate court of law for its resolution. The AP will be facilitated in this process by the implementation NGO

AFFECTED PERSON

GRIEVANCE

NGO

SHURA

NOT REDRESSED

DISTRICT COMMITTEE

NOT REDRESSED

PMO

NOT REDRESSED

APPEAL

REDRESSED

REDRESSED

REDRESSED

REDRESSED FINAL

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K. RESETTLEMENT COST ESTIMATES

60. The resettlement costs for the draft LARP include eligible compensation and resettlement assistance for the five land owners and livelihood restoration assistance for those families losing their grazing area due to construction work. The unit cost for land and other assets has been derived through discussions with agency staff and NGOs in and around the districts that are involved in this tranche: Khwaja Ghar (Takhar), Imam Sahib and Archi (Kunduz) as well as the Provincial Governors offices. Consultations with community leaders, AFs and local people gave some area-specific information.

a. Assets Acquisition and Compensation Cost

61. Compensation for agricultural land = AFN 200,000 – 280,000 per jerib. This value is based on agreements reached between MEW and the Governor.

62. Compensation for un-cultivable land = AFN 100,000 per jerib. This value is based on agreements reached between MEW and the Governor.

63. Compensation for crop losses = AFN 43,000 per jerib. This value is based on agreements reached between MEW and the Governor, and is based on a double crop: wheat and rice.

64. Compensation for orchard (AFN 412,000 – 500,000 per jerib) and trees (AFN 3,500 per tree). This value is based on agreements reached between MEW and the district representatives.

65. Assistance for purchasing agricultural inputs: The APs will be given monetary assistance to purchase cash inputs for their cultivation in the next season. This is calculated as AFN 8,634 per jerib of affected land. The bases for the calculation is as follows: 34 kg of wheat seeds per jerib valued at AFN 26 per kg; cost of agrochemicals per jerib valued at AFN 300, urea 50 kg per jerib valued at AFN 36 per kg; phosphate fertilizer 50 kg per jerib valued at AFN 17 per kg; farm yard manure 2 metric tons per jerib valued at AFN 2,000 per metric ton and tractor hire one hour per jerib at AFN.

66. Assistance for re-establishing affected orchard: The cost of planting materials will be given for the AP free of charge. A bud-grafted sapling in the local market costs AFN 100 and it is estimated that 70 saplings are needed to raise 66 trees per jerib at the time of maturity. The grafted saplings are a superior choice as they grow quicker with an extremely low casualty rate though the cost is comparatively higher than ordinary seedlings. The tree productive capacity of an orchard established by grafted saplings is also much greater than an orchard grown from ordinary saplings. The cost of bud-grafted saplings works out to AFN 7,000 per jerib of orchard land.

67. Documentation fees: The unit cost has been derived at a lump sum basis, which is AFN 3,000 per AF as per the standard rate being charged at the local revenue department for land transaction per case including registration in property books. The land transaction cost is calculated per entry and not per jerib of land.

68. Livelihood restoration costs: On the basis of preliminary field assessments, there were indications that livelihood restoration costs are required to assist APs (livestock herding families). This item is to be re-examined at the time of up-dating the LARP. For this purpose, a block sum of AFN 50,000 which is provided in the cost estimates. This money will be used to provide a grazing facility for APs. Livelihood restoration allowance is not required for farmers losing their crop as their land, crop losses and cost of inputs for cultivation in the next season were all compensated at market rate. The severely APs are given an additional 20% allowance. No reduction was made for crop harvesting and threshing cost.

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69. Cost for vulnerable families: The unit cost has been determined as a lump sum basis, which is 20% of the total compensation assistance. No CS has been conducted, and therefore the number of vulnerable APs (if any) is not yet known at this stage. The actual number of vulnerable families will be included in the updated LARP.

70. Allowance for severely APs: An AF loosing greater than 10% of the productive land for project work is considered as severely affected. When the census survey, DMS and valuation survey have been completed, a complete picture of the actual number of APs and AFs can be established. This will be confirmed and reported in the updated LARP.

71. Allowance for loss of agricultural labor opportunities: It is estimated that the proposed land acquisition will lose about 280 work days for local agricultural labor. The workers who will lose their opportunities will be identified with the help of APs and the community leaders who will be compensated at AFN 450 per day.

b. LARP Implementation and Support Costs

72. Project consultants: The cost for the international specialist and the national resettlement specialist for the PMO are not included in the costs below but are part of the overall PMO costs. Hence, these costs is not included in the LARP budget but included in the overall cost for tranche 2. The consultant(s) will be up-dating LARP, conducting census and other surveys, and in internal monitoring.

73. One NGOs will be involved with the LARP: This NGO will have two tasks (i) is for the internal Monitoring and Evaluation, and (ii) for assistance to APs in their grievance process. The cost for this NGO is not yet known. These costs are directly chargeable to the LARP budget.

74. The total estimated cost of the LARP will be about USD 3.53 million (including USD 0.43 million contingencies). When the detailed surveys have been conducted, the detailed budget will be finalized.

Table 5: Estimated Cost of Implementation of Land Acquisition and Resettlement for LKIP

S/N Item Unit Unit Cost (AFN)

Quantity Cost

A Compensation

1 Land jerib

2 Orchard jerib

3 Crops jerib

Sub-total A

B Assistance

4

Sub-total B

C Monitoring

1

1

Sub-total C

1

2

Sub-total C

D Contingencies @ 15%

Grand Total

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L. MONITORING AND EVALUATION

75. Internal monitoring will be done on a continuous basis by the PMO, but will be outsourced to an NGO. The reports will be distributed to the Executing Agency (EA), Implementing Agency (IA) and ADB on a quarterly basis. The external monitoring will be done by an EMA appointed by the MEW. The ADB will prepare the terms of reference (TOR) for the EMA. It is suggested that PMO develop a comprehensive set of indicators and monitoring benchmarks at the beginning of its work.

76. The EMA has three responsibilities: (a) to carry out independent monitoring work to ascertain whether LARP is progressing satisfactorily; (b) to conduct an independent audit to determine whether relocation has been completed, and that compensation and resettlement assistance has been delivered to the APs. Audit reports will be submitted at quarterly intervals to the EA, IA and ADB and (c) to carry out a post-implementation evaluation one year after commissioning of the works, to establish whether or not objectives of the SLARP have been met.

M. IMPLEMENTATION PROCESS

77. In Afghanistan the up-dating and implementation of the LARP may take up to several months. The APs will be paid their due compensations at least 1 month (30 days) prior to demolition of the structures from the construction site. The basic LARP-related steps for up-dating and implementation are summarized in Table 6 below.

Table 6: LARP Tasks Process and Responsibility

Step Action Responsibility

A) SLARP UP-DATING PMO

1 Assessment of Project’s Poverty and Social Impacts PMO and NGO

2 Finalization of land acquisition requirements PMO and district authorities

3 Prepare survey forms for Census and DMS, train local Census and DMS teams, and establish coordination with relevant local government agencies.

MEW and PMO

4 Collection of cadastral and parcel maps of the Program area Cartography office

5 Verify land records in affected areas, update cadastral maps Cartography/ District Land Affairs Office

6 Carry out impacts and valuation surveys – Detailed Measurement Survey (DMS)

PMO and NGO

7 Conduct public consultations PMO NGO assisted by community shura

8 Collection of data on APs and undertaking negotiations with APs on compensation and rehabilitation entitlements for the following losses: - loss of titleholders including agricultural and homestead lands, and

assets, commercial land and structures, residential tenancy and commercial tenancy;

- loss of non-title holders, including agricultural lands held by tenants and sharecroppers, whether registered or not, squatters and encroachers, homestead land, commercial structures held by informal tenants, squatters and encroachers;

- loss of livelihoods (loss of wage earnings, income and/or food losses, rangeland income loss);

- loss of community infrastructures and resources such as grazing areas; and

- any other impacts (temporary impacts during construction of infrastructures, and any other unforeseen impacts).

Senior district property supervisor and NGO, assisted by shura

9 Integrate data from Census into the RP. PMO

10 Finalize up-dating SLARP PMO

11 Submission of SLARP to MEW and ADB for approval. PMO

12 RP disclosure: Distribution of SLARP and information pamphlets in local MEW/PMO/ADB

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Step Action Responsibility

A) SLARP UP-DATING PMO

language in the affected communities; posting of SLARP in English on the ADB website

B) SLARP IMPLEMENTATION

1 Approval of Contract awards MEW and ADB

2 Distribution of Relocation Notices to APs MEW and property office

3 Award of checks for land / assets compensation MEW

4 Award of checks for other Compensation & Assistance/ Rehabilitation MEW

5 Taking over the possession of acquired houses, if any and land MEW

6 Demolishing/ Relocation of Affected Structures/Assets MEW/contractor

7 Review of SLARP Implementation MEW/ADB

8 Resolve problems of land owners; mediation on land matters; provide evidence of ownership, provide information to establish land boundaries, valuation, grading, etc.

District Governor/property supervisor/ NGO

9 Issue NOC ADB

10 Civil works begin minimizing damage and disturbances to people in the vicinity

Contractor

C) POST-IMPLEMENTATION TASKS

1 Independent evaluation of SLARP EMA

2 Restoration of temporary acquired land, private property and community resources to their original state

Contractor with close monitoring by PMO/ICSc and EMA

D) CYCLICAL/CONTINUOUS TASKS

1 Internal monitoring. Quarterly reporting on SLARP implementation to ADB PMO/MEW

2 External Monitoring. Semi-annual reporting to MEW/ADB EMA

3 Grievances Redress/Law Suites Senior Property Supervisor/ Governor//NGO/Court, coordinated by PMO

4 Inter-agency coordination at national level EA

5 Inter-agency coordination at district level District Coordination Committee/governor

22

Table 7: Project Implementation Plan

Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2

A Project Management

1 Recruitment of PIO staff

2 Procurement of goods/vehicles & equipments

B Consulting Services

1 Recruitment of NGOs for Output 1

2 Recruitment of NGO for Output 2

C Civil Works Contract

1 Detail design complete

2 Bidding documents preparation and ADB appraisal

3 Advsertise

4 Bid evaluation

5 PC paper submissions

6 Approval of PC Paper

7 Contract award *D Construction

1 Construction of works

2 Construction of LKIS Tertiary system

E Safeguards

1 Environmental management plan

2 Updated LARFP approved

3 Resettlement plan

F Project Monitoring

1 Project performance management system (PPMS)

* Milestone

2017S.No. Activities Start End

2013 2014 2015 2016 2018

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Appendix 1: Agreement with Khwaja Ghar district

24

25

Committee: Representative Taluqan River Basin (Mullah Satar) Representative of DAIL (Shah Wali) Operation Manager Governor’s office (Ali Ali) Land Agricultural Land irrigated (average) AFN 200,000/jerib Orchard: AFN 500,000/jerib House (average) AFN 500,000 Crop Yield

(seer/jerib) Market price (AFN/seer)

Wheat 90 100

Rice 140 250

Mong beans (mash) 40 270

Maize 45 100

Potato 550 100

Beans 50 250

Onion 600 100

Cauliflower 700 (pieces) 50 (per piece)

Zegar (line seed) 45 250

Tomato 650 100

26

Appendix 2: Agreement with Archi District

27

28

Committee Eng. Burhanudeen (water manager, representative of RBA) Said Muhammad Khan (representative of DAIL) Zia Udeen (representative of directorate for government agricultural land, Amlak) Al Haj Turan Hafez (representing Archi main canal, Qarloq village) Haji Naim Jan (representative Archi Kuna canal) Arbob Muhaamad Akhbar (representative Archi Jedid canal) Have decided Irrigated land 1st class 250,000/jerib Irrigated land 2nd class 150,000/jerib Irrigated land 3rd class 100,000/jerib Land within Archi town 600,000/jerib House (m3) 7,000 Crops Crop Yield (seer/jerib) Market price (AFN per

seer)

Wheat 100 100

Kunjit (Sesame seed) 10 280

Zegir (line seed) 15 180

Maize 19 100

Cotton 40 200

Barley 50 200

Rice 150 100

Fruit trees AFN 3,500 (60 trees per jerib) AFN 210,000/jerib Non-fruit trees AFN 250 Cost of wall AFN 150/m

29

Appendix 3: Agreement with Imam Sahib district

30

31

Committee: Representative of DAIL (Abdul Shakur) Representative PARB (Muhammad Ibrahim) Overall sector manager (Ghulam Sakhi) Representative of Ministry of Finance (Abdul Jamil) Land: Irrigated land AFN 280,000/jerib Orchard AFN 412,000/jerib House 500 m2 AFN 290,000 Crops: Crop Yield

(seer/jerib) Market price (AFN/ seer)

Wheat 100 100

Barley 80 100

Maize 80 100

Kunjit (Sesame) 40 600

Mung beans 60 300

Zegir (Line seed) 40 300

Cotton 80 250

Melon 1,000 150

Water melon 1,200 50

Rice 150 220

Onions 800 100

Spinach 600 80

Okra 500 200

Pepper 300 320

Pumpkin 1,000 50

Carrot 500 100

turnip 400 100

32

Appendix 4: Proposed CS and DMS

33

34

35

36

37

38

39

40

41

42