LARP External Monitoring Report

October 2013

TAJ: CAREC Corridor 3 (Dushanbe-Uzbekistan

Border) Improvement Project

Prepared by an Independent Monitoring Consultant for the Ministry of Transport of the Republic

of Tajikistan and the Asian Development Bank.

Ministry of Transport of the Republic of Tajikistan

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External Monitoring Report

Land Acquisition and

Resettlement Implementation

Phase II - A Tajikistan: CAREC Corridor 3

(Dushanbe – Uzbekistan border Road Improvement Project)

ADB Grant: 0245-TAJ (SF)

Urakova Zarina

Independent Consultant

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Contents

1 Background 4

2 Methodology and Approach 6

3 Asset inventory and compensation payments 7

3.1 Affected agricultural land and compensation entitlements 7

3.1.1 Agricultural land losses 7

3.1.2 Compensation payments of the affected agricultural lands 7

3.2 Residential/Commercial Lands compensation costs 8

3.2.1 Impact on fruit trees grown on residential lands and compensations 9

3.3 Impact on APs structures and compensation costs 9

3.4 Impact on businesses 10

3.5 Allowances 11

3.5.1 Severe impact allowances 11

3.5.2 Allowances for vulnerable APs 11

4 Costs Summary 11

5 Public Consultation / Focused group discussions with APS 12

6 Grievance Cases 14

7 Conclusions 14

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Abbreviations and Acronyms

AP Affected person AE Affected Entity AH Affected household ADB Asian Development Bank AIDS Acquired immune deficiency syndrome ALMGC Agency for Land Management, Geodesy and Cartography CAREC Central Asia Regional Economic Cooperation CC Civil Code of the Republic of Tajikistan CRBC China Road and Bridge Corporation DF Dekhan Farm DMS Detailed measurement survey EA Executing agency EMC External Monitoring Consultant FGD Focused group discussions GRC Grievance redress committee GRM Grievance redress mechanism Ha Hectare HH Household ID Identity cards IM Independent monitor IR Involuntary resettlement Kg Kilogram LAR Land acquisition and resettlement LARP Land acquisition and resettlement plan LC Land Code of the Republic of Tajikistan LS Lump sump LURC Land use rights certificate M&E Monitoring and evaluation MBTI Mezhraion (inter-district) bureau of technical inventory MOT Ministry of Transport NGO Non government organization NoL No objection letter PIU RR Project implementation unit for road rehabilitation PLU Primary land users PMC Project Management Consultant PPTA Project preparatory Technical assistance PSA Poverty and social assessment RoW Right of way RT Republic of Tajikistan Sl Serial number SLU Secondary land user SPS Safeguard policy statement SPISPM State committee on investment and State property management SR Safeguard requirements STD Sexually transmitted diseases TJS Tajikistan somoni (currency) ToR Terms of reference

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1 BACKGROUND

1. This Compliance report has been prepared by an Independent Monitoring consultant to assess whether the implementation of the Land Acquisition and Resettlement Plan, Phase II subpart A (LARP II A) for the Dushanbe-Uzbekistan Border road (the Project) complied with the stipulations of the approved LARP and ADB Involuntary Resettlement safeguards. A satisfactory implementation of the LARP is a condition for ADB no objection to the start of physical civil works in the 19.53 km. of the project road sections covered by LARP II part A.

2. The finalization of the road design corridor/alignment for these road segments was completed by the contractor and approved by PMC that enabled precise measurements of the affected assets by the resettlement and finalization of the LARP II subparts A and B. The list of road segments for which the design corridor was finalized and which were included in LARP II – A is shown in the following Table 1.

Table 1: Road Segments Included in LARP II subpart A

LARP Phase

Road Segments Kilometer

Length (km) Site handing over stage From To

2 - A

E 4+560 5+200 0.64 3

5+740 7+550 1.81 3

F

14+120 16+000 1.88 3

16+060 16+420 0.36 3

16+560 17+060 0.50 3

G 21+500 26+600 5.10 3

H 34+000 39+200 5.20 3

39+760 43+800 4.04 3

Total 19.53

3. The LARP makes a commitment to the resettlement safeguard requirements by stipulating that civil works will only commence once compliance reports by the external monitoring consultant have been submitted to gauge no objection letters issued by ADB for each subparts covered by LARP II. This report covers 19.53 km. of the project road length included under LARP II subpart A. Project site will be handed over to contractor after acceptance of this monitoring report and provision of NoL by ADB. 4. LARP II was endorsed by the Government on 17th June 2013 and was approved thereafter by ADB. Implementation started immediately under the supervisions of the Project Implementation Unit (PIU) of MoT and in close coordination with jamoats and hukumats in project-affected areas. This compliance report, which refers to LARP II subpart A, was prepared between August and October 2013. The report also reflects information provided in the internal monitoring report of the LARP II A implementation, that was prepared by the client with support of PMC (See Appendix 1)

5. Impact Summary; In total under LARP II subpart A, 1,872 persons, comprising 234 households have been affected in different locations of Rudaki, Gisar Shahrinaw and Tursunzoda districts. A summary of impacts provided in Table 2. Based on the information from table 108 APs/AEs lose 19.6 ha of agricultural lands of annual crops, orchards and vineyards, 135 households lose 2,83 ha of residential/commercial lands. Further the report will bring detail explanation of the actual impact volumes and implementation of LARP II - A.

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Table 2: Land Acquisition and Resettlement II - A Impacts Summary Planned / Actual

Affects on community land, buildings and facilities Unit As per LARP II

As per Actual implementation

Affected households' agricultural land and orchards No. 108 108

Affected area of households' agricultural land and orchards

m2 196,202.8 196,202.8

Affected fruit trees on agricultural land No. 368 368

Affected households' residential / commercial land No. 135 135

Affected area of residential / commercial land m2 28,274 28,274

Affected fruit trees on residential / commercial land No. 998 998

Affected buildings No. 182 182

Single floor buildings m2 2,774 2,774

Double floor buildings m2 305.8 305.8

Sheds m2 3,082.3 3,082.3

Outbuildings (kitchens, barns, livestock shelter, etc.) m2 2,812.6 2,812.6

Sanitation facilities (toilets, wash houses) m2 198.9 198.9

Affected walls, fences and other miscellaneous items No. 356 356

Affected walls (concrete, cement, earth) m3 1885.6 1885.6

Wire netting fences m2 469.6 469.6

Tanks / Pools m3 125.7 125.7

Concrete structures (surfaces and ditches) m3 782.7 782.7

Ovens m3 49.6 49.6

Wells m3 430.7 430.7

Severely Affected Households No. 54 54

Vulnerable affected households No. 67 67

Number of affected Businesses No. 50 50

Total affected households No. 234 234

Total Affected Persons No. 1,872 1,872

6. Compensation entitlements planned and delivered; Comparison of the entitlements defined in the LARP II entitlements matrix and compensations that were delivered to the APs/AEs in quantities/amounts commensurates to the amounts and unit rates detailed in the approved LARP II. 7. Compensation budget planned versus budget delivered; The compensation and other related resettlement costs due to LARP II subpart A was budgeted to TJS 9,636,648 including 10% of contingency. Direct cost of the project is 8,685,588.7 TJS that has been paid to the APs/AEs according to the censuses certified by the local district authorities. It comprises 100% of the planned budget as direct costs of the LARP II subpart A.

8. Public Consultations; At different stages of the LAR planning and implementation, project stakeholders such as local authorities, APs and AEs have been consulted. External Monitoring Team, conducted round of consultation and meetings with individual APs and groups, jamoat representatives and other project stakeholders from beginning of August to end of September to gauge level of APs satisfaction and participation of all stakeholders in the different levels of LAR planning and implementation. Separate FGDs were conducted at village level to understand APs perception on the project impact and compensation entitlements that they have received. 9. Grievance Redress Mechanism; APs used their rights to discuss and submit their grievance applications on disagreements of evaluation of affected assets and or any other issues and suggestions about the project. In the process of implementation of LARP II A there was no any written complain. Some of APs from LARP phase I had concerns regarding compensation payments provided to the affected agricultural lands of LARP II. Issues raised

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by previousely affected persons was that amount of compensations for the same area of land affected by LARP II A were higher than of the same land of LARP phase I. Also some people had concens that their neigbours are affected and received compensation but they did not. Such cases were re-checked and found that in fact these people were not affected by the project. 10. Assessment on Compleance; LARP II subpart A was implemented in a manner that all potential adverse impact on APs/AEs land, buildings, income sources and other assets have been fairly compensated to achieve APs/AEs satisfaction. LARP implementation complied with the ADB Safeguard Policy Statement requirements for involuntary resettlement and the principles adopted for the project, in terms of provision of compensation and impact validation. All compensations, assistance and benefits adopted in the proposed entitlements matrix, corresponded to the APs/AEs received benefits that they were entitled for.

2 METHODOLOGY AND APPROACH

11. The External Monitoring Consultant has prepared this Compliance Report based on the following parameters and objectives:

i. Way compensation was carried out in relation of the LARP stipulations; ii. Degree to which all APs were compensated and degree to which compensation

amounts fitted the amounts stipulated in the LARP; iii. Assessment of quality of impacts and asset valuation; iv. Review of complaint and grievance cases and of their solution; v. Assessment of the satisfaction of the APs/AEs; vi. Lesson learned to be applied to the next projects, and; vii. General assessment of compliance in LARP II – A implementation; viii. Provision of recommendations to ADB regarding the provision of No Objection

Letter to start the civil works.

12. The above work entailed a thorough review of al ldocuments used for LARP II preparation and implementation. This included a systematic comparison of the impacts survey records with the compensation tallies. In addition, direct fieldwork and individual or group interviews with the APs/AEs were carried, to evaluate resettlement implementation and APs participation in the project. 13. To gauge the satisfaction of the APs a 3-page questionnaire (See Appendix 2), was used during interviewing of 30 percent of APs/AEs to obtain quantitative and qualitative information on entitlement delivery, efficiency, impact and sustainability. The random selection of the interviewees also considered impact types, gender and livelihoods of APs, as detailed in Table 3 below. Table 3: APs with different types of impact interviewed

APs bycategory Total AP No. Number interviewed Percentage

All APs interviewed 234 70 30%

Impact on Agricultural land 108 35 32%

Impact on Residential land 135 32 24%

Vulnerable APs 67 18 27%

Severely affected APs 54 9 17%

Women headed HHs 57 14 25%

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14. Joint group discussions with APs, local government and, community leaders were conducted in jamoat offices to elicit information about performance in various resettlement activities. All documents related to LAR phase II – A, such as LARP II approved by GoT and ADB, data on asset registration and valuation methods, type and scope of impacts, were reviewed and analyzed.

3 ASSET INVENTORY AND COMPENSATION PAYMENTS 3.1 Affected agricultural land and compensation entitlements

3.1.1 Agricultural land losses

15. Based on LARP II, 120 land parcels of 108 APs/AEs were affected. Out of these plots 35 (32%) were randomly selected and plot measurements were cross checked by external monitoring team, APs, PIU RR and PMC resettlement specialists and representatives from land committees of jamoats. In total 196,203 sq. meters (19.6 ha) of agricultural lands of annual and perennial crops were affected under phase two of the project, which at average represents 0.89% of the whole lands of APs/AEs, however 52 APs holding Presidential lands and Individual Dehkan Farms, have impact on more than 10% of their lands. Information on types and level of additional impacts on APs is obtained from LARP II. 3.1.2 Compensation payments of the affected agricultural lands

16. Land use rights compensations: APs/AEs received compensations for the loss of land use rights of yearly gross income of affected land of annual crops for 5 years and yearly gross income of land under perennial crops. Information gathered from different sources such as district relevant authorities, PMC, PIU RR, bank reciepts and APs statements confirmed that for the loss of use rights on agricultural lands, APs received 905,831 TJS for lands under annual crops and 54,154.4 TJS for lands under perenial crops and vineyards in the process of implementation of LARP II - A. 17. Compensation for the loss of income from annual crops were paid in cash at prevailing market rate based on year’s yield. Compensation for fruit trees and vines losses were calculated based on annual volume of production of the tree multiplied by the number of years to re-grow the tree to productive stage and value of product at market price. Accordingly, for the loss of annual incomes APs/AEs received amount of 181,166.2 TJS and for loss of income from perennial crops and vineyards amount of 148,123.2 TJS was paid to APs/AEs. Payments amounts were based on types of crops and trees grown by the APs/AEs. Idle lands in the time of impact assessment were measured and compensated based on the yearly production. Table 4 provides information on compensation payments on agric lands. Table 4: Agricultural land losses and compensations for the loss of use rights and income

Type of Cultivation

Total area of

agricultural land (ha)

Affected land as per LARP II

Actual amount of compensations received by APs/AEs

Area (m

2)

Plots No.

APs/AEs No.

Compensations for the loss of land use rights (TJS)

Income loss

compensa-tions (TJS)

%-completed

Annual Crops 2,142 182,991

104 93 905,831 181,166.2 100

Orchard 57 11,652 14 14 48,106 118,747.2 100

Vineyard 5.5 1,560 2 1 6,048 29,376 100

Total 2,204 196,203

120 108 959,985 329,289.4 100

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18. Affected areas, yields and crop values have been determined and verified by the relevant district administrations based on the joint assessment with the team of resettlement specialists of PMC and PIU in presence of the landowners. The compensation costs for agricultural lands, based on the productivity of different crops and fruit trees and existing market value of different products at the time of production, identified and ratified by the districts government responsible departments of agriculture and land committies and teir representatives at jamoats’ level. (See Appendix 3) 19. More than 32% of APs whose agricultural lands were affected have been visited and interviewed. Measurements of affected land areas were re-measured jointly with the owners. No any case of miscalculation was identified. APs/AEs received the same amounts of compensations that are stipulated in the approved LARP II document and in the internal monitoring report. External monitoring consultant confirms that APs/AEs received their compensation entitlements for the loss of agricultural lands by participating in the process of compensation payments provision and collected documentations such as Written and signed statements of APs/AEs and bank cheque copies. For more information also see Appendix 1 (internal monitoring report). 20. All interviewed agricultural land holder APs reported that they have received compensation mentioned in signed documents and no any deduction was made from the amount of money they have signed for and received.

3.2 Residential/Commercial Lands compensation costs

21. Based on the LARP II information and the actual implementation of LARP II – A, 2.83 ha of residential / commercial lands of 135 APs/AEs have been affected out of which 56% of affected lands are residential and remaining commercial lands. 135 APs/AEs received in total 336,461 TJS for the loss of 28,274 sq. meter residential commercial lands. These APs/ AEs remain with sufficient land to rebuild their structures, shops and other outbuildings. None of the APs/AEs have been relocated under implementation of LARP II subpart A. Measurements of affected land, taken during LARP preparation assessment, was cross checked for 32 (24%) of the APs for confirmation of volume of losses. Table 5 below provides information on the area of affected land, amount of planned compensations and actual implementation. More information by road segments is provided in Appendix 1 the internal monitoring report. Table 5: Residential / Commercial land compensation costs

22. According to the table of entitlement matrix of the approved LARP II, 11.9 TJS (2.5 USD) should be paid for each sq. meter of the affected residential and commercial lands, if the impact is marginal. All APs/AEs loosing small strip of residential/commercial lands received cash compensation. There is no any case of relocation identified within the project area under LARP II A. 23. Beside land, APs/AEs with impact on residential and/or commercial lands received compensation for other assets such as buildings, structures and trees, which were on the affected residential / commercial land plots acquired by the project. Compensations for each affected structures and trees and any other assets were separately provided to them.

Category of AP No

Planned budget Actual compensation paid

Affected area (m

2)

Total TJS Affected area

(m2)

Total TJS

AP with marginal land loss and with sufficient land to rebuild 135 28,274 336,461 28,274 336,461

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3.2.1 Impact on fruit trees grown on residential lands and compensations

24. APs losing residential lands also received 485,097 TJS compensations for the loss of income from production of fruit trees grown on residential lands. Compensation for fruit trees grown on residential plots is based on number of trees multiplied by kg of a tree annual product multiplied to the market value of 1 kg of product multiplied to number of years to re-grow the tree. Number of trees and amount of compensations provided to each AP, corresponds to the information provided on compensation break down lists provided separately for each AP. Information on types and number of affected fruit trees grown on residential plots are given in Table 6 below. Table 6: Compensation costs of fruit trees grown on residential plots LARP II A

Affected fruit trees

Information as per LARP II Actual Implementation

Total No. of trees

Yearly yield

(kg.) per tree

Current Market Value

of Product per kg

(TJS/kg)

Number of Years to

Re-grow a New tree

Estima-ted compen-

sation (TJS)

Total No. of

trees

Compensa-tions received by APs (TJS)

Apple 66 39 5.3 3 40,926.6 66 40,926.6

Cherry 51 37 7 2 26,418 51 26,418

Small cherry 183 35 5 2 64,050 183 64,050

Peach 30 37 6 2 13,320 30 13,320

Apricot 94 50 3 3 42,300 94 42,300

Pomegranate 31 39 7 2 16,926 31 16,926

Nut tree 92 55 7 4 141,680 92 141,680

Grapes 88 47 3 4 49,632 88 49,632

Mulberry 52 27 4 2 11,232 52 11,232

Khurmo 219 50 1.5 3 49,275 219 49,275

Plum 45 39 4 2 14,040 45 14,040

Fig 9 33 8 3 7,128 9 7,128

Pear 4 32 5 3 1,920 4 1,920

Queen apple 11 48 3.8 3 6,019.2 11 6,019.2

Almond - 24 15 4 - - -

Flower (Rose) 23 1 5 2 230 23 230

Total 998 485,097 998 485,097

3.3 Impact on APs structures and compensation costs 25. LARP II A has affected 182 different type buildings of APs with total area of 9,174 sq. meter out of which 2,774 sq. meter is area of 43single floor, 306 sq. meter is area of 4 double floor buildings. Table 7: Compensation payment for the loss of buildings, structures and other miscellaneous items

Type of buildings

Affected buildings as per LARP II A

Actual Implementation

Buldings No.

Total Area m2

Calculated Compensa-tions (TJS)

Buldings No.

Total Area m2

Compensations received by APs

(TJS)

Single floor 43 2,774 2,760,463 43 2,774 2,760,463

Double floor 4 306 395,387 4 306 395,387

Sheds 50 3,082 700,818 50 3,082 700,818

Outbuildings 68 2,813 890,271 68 2,813 890,271

Lavatory 17 199 62,845 17 199 62,845

Total 182 9,174 4,809,784 182 9,174 4,809,784

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Walls, fences and other miscellaneous items

Volu-me m

3

No. Estimated Compen-

sations TJS

Volu-me m

3

No. Compensations

received by APs/AEs TJS

Fencing 2,355 251 700,472 2,355 251 700,472

Tanks / Pools 126 15 53,999 126 15 53,999

Concrete surfaces 736 54 337,934 736 54 337,934

Ovens 50 23 12,211 50 23 12,211

Wells 431 5 10,904 431 5 10,904

Concrete ditches 47 8 22,791 47 8 22,791

Total 3,744 356 1,138,312 3,744 356 1,138,312

26. 4,809,784 TJS was paid to Aps/AEs against affected buildings and 1,138,312 TJS was paid for boundary walls and other miscellaneous structures. Interviewed APs confirmed that all their buildings and structures enumerated correctly. They have mentioned about awareness of costs calculations for buildings and structures. Compensations were paid on time that allows APs to procure main construction materials and store for restoring their buildings and walls. APs are satisfied with timely payment of compensations for their structures and buildings. No any grievance registered and no issue of underestimation or underpayment neither was raised by the APs nor identified in the process of review of proving documents and censuses.

3.4 Impact on businesses 27. 50 businesses belonging to 47 APs have been affected by the project road under LARP II A. All owners have been compensated for Business losses mainly for loss of income for 12 months. Affected businesses can be re-established after setting right of way of the project road. For more information see Table below and details in Appendix 1 the internal monitoring report. Table 8: Compensation paid for business losses LARP II A

Affected businesses as per LARP II – A Actual Implementation

Type of Businesses

Total Number of

affected businesses

Estimated Compensa-tions TJS

Total Number of

affected businesses

Compensa-tions

received by APs TJS

Shop (Food/manufactured goods) 12 86,320 12 86,320

Café / Canteen 7 66,216 7 66,216

Snack food outlet 6 41,520 6 41,520

Butchery 4 25,960 4 25,960

Pharmacy 1 5,304 1 5,304

Fuel station 2 78,543 2 78,543

Households' goods shop 5 75,000 5 75,000

Spare parts trade 1 5,304 1 5,304

Car repair workshop 2 6,462 2 6,462

Building rent 5 19,808 5 19,808

Restaurant 1 5,304 1 5,304

Currency exchange office 3 7,104 3 7,104

Agro seeds shop 1 1,380 1 1,380

Total 50 424,225 50 424,225

28. All business owners have been visited and they confirmed information on receiving allowances for the period of time that their businesses stopped. No any complain was heard from the business owners. Amount of 424,225 TJS was paid to APs.

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3.5 Allowances 3.5.1 Severe impact allowances 29. LARP II A, identified 54 severely affected and 67 vulnerable APs. A severe impact allowance was paid to all 52 APs who are losing 10% or more of their agricultural land and 2 APs with loss of residential buildings. Amount of 143,208 TJS was paid to all severely affected households. Crosscheck of information and census of APs/AEs did not identify any other additional case of severity impact. 3.5.2 Allowances for vulnerable APs 30. Additional allowance of 884 TJS was paid to 67 APs who were considered as vulnerable. More information is provided in Table 9 below and Appendix 1. Table 9: Severe Impact and vulnerability Allowances LARP II A

Targeted number of APs Actual payments provided

Planned Eligible households

Rehabilitation allowance (TJS)

Actual No. of APs Eligible for payment

Rehabilitation allowance

(TJS) Rate Total

Severely impacted APs Loss of agricultural land >10% = 52 APs with loss of residential buildings = 2

2,652 143,208 54 143,208

Vulnerable APs Below poverty line and WHHs = 67

884 59,228 67 59,228

4 COSTS SUMMARY

31. The compensation and other related resettlement costs due to LARP II A, was budgeted to TJS 9,636,648 including 10% of contingency to cover costs for any relevant complaints and or unexpected changes in the project road. Direct cost of the LARP II A, which was 100% paid to APs/AEs is 8,685,589 TJS. 32. The resettlement budget for LARP II A, based on the stakeholders’ approved compensation rate for loss of land right use, independent evaluation of the replacements costs for buildings and structures, associated costs for livelihood restoration and other specific provisions such as allowances for vulnerable persons, cost of services of a registered land valuators and 10% contingency. See Table 10 below:

Table 10: LARP Budget

ITEM Budget as per LARP II A TJS

Actual Implemen-tation TJS

1. Rehabilitation Assistance for Loss of Land Use Right

a. Cash Allowance

- Agricultural Land 959,985 959,985

- Residential / Commercial Land 336,461 336,461

b. Preparation for allocated residential/commercial plot

2. Compensation for Structure Losses

a. Buildings 4,809,784 4,809,784

b. Walls and Fences 700,472 700,472

c. Other structures 437,840 437,840

3. Compensation for Crop Losses

a. Annual crops 181,166 181,166

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ITEM Budget as per LARP II A TJS

Actual Implemen-tation TJS

b. Perennial crops/fruit trees 148,123 148,123

c. Fruit trees at households' plots 485,097 485,097

4. Compensation for Businesses Losses 424,225 424,225

5. Allowances

a. Allowance for Severely Affected DPs 143,208 143,208

b. Allowance for Vulnerable DPs 59,228 59,228

c. Relocation allowance - -

Total compensation Costs 8,685,589 8,685,589

Support Costs 75,000 -

Total 8,760,589 8,685,589

Contingency 10 % 876,059 -

Grand Total 9,636,648 8,685,589

5 PUBLIC CONSULTATION / FOCUSED GROUP DISCUSSIONS WITH APS

33. Discussion with APs prevailed that communities are well aware of compensation entitlements for different affected assets and land. Public consultations were carried out at various stages of the LAR during impact assessment and implementation of the plan. Consultations were also carried out jointly with PIU resettlement specialist and ADB resettlement local consultant, after evaluation of the affected properties, before provision of compensation payments. APs/AEs had chance to re-check evaluation of their properties and in case of disagreements discuss it and solve any raised issues. On these discussions APs were informed on their entitlements and types and amounts of compensations they receive for different affected lands, assets and structures. Open discussions were generated with APs on entitlements matrix and procedure for asset evaluation. Also round of FGDs was conducted in each village where issues and concerns raised by APs were checked and verified on resettlement site. 34. Objectives of these consultations were to understand perceptions of the APs with reference to acquisition of land and loss of property and its due compensation, to discuss entitlements and procedure for compensation and to get opinions of APs evaluation on price formation of acquired assets. 35. It was also mentioned that APs could approach with their concerns to relevant institutions and committees as noted in the grievance redress mechanism. Also all persons living along the Project road, regardless of whether affected by land acquisition and resettlement, may experience some adverse impact during the construction period such as damages or losses to property, caused by direct physical impact of the contractor’s equipment, vibration, contractor’s or employer’s design, or by other activities related to the construction of the road. In such cases, people can approach site engineers and GRC representative in their area to claim for their losses and damages.

36. The consultations confirmed that affected persons are well informed about the Project, resettlement strategy, compensation entitlements, grievance mechanisms, process of valuation of affected buildings and structures and the base for the land price determination. APs/AEs have received final revised and updated version of Information Pamphlet in Tajik language (See Appendix 4 Information Pamphlet).

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37. Individual consultations with APs were carried out visiting randomly selected households. APs perception on LAR was satisfactory. Individual APs expressed their views about transparent and fair enumeration of affected assets and losses. During FGDs, APs showed willingness to demolish affected structure and building and cutting trees for cleaning RoW. Summary of the individual APs consultations provided in Table 11 below and refer to Appendix 5 for list of people contacted during monitoring and individual interviewing.

Table 11: Analysis of APs responses during individual interviews Total number of APs/AEs 234 100%

Number of APs interviewed 70 234 30%

Vulnerable APs interviewed 18 67 27%

APs with severe impact 9 54 17%

APs/Female headed HH 14 57 25%

Types of ownership of agricultural lands

Presidential Individual DF Family DF Collective DF Supportive Farm

12 10 6 3 4

47 21 19 9 12

26% 48% 32% 33% 33%

Did you receive compensation for your affected assets? Yes 70 100%

No 0 0%

Were your damaged assets enumerated realistically? Yes 70 100%

No 0 0%

Was there any deduction from the approved payments? Yes 0 0%

No 70 100%

Was the affected land area correctly enumerated? Yes 35 100%

No 0 0%

Did you receive income loss compensation Yes 48 100%

No 0 0%

Did you receive land use rights loss allowance? Yes 35 100%

No 0 0%

Did you receive compensation for fruit trees? Yes 28 100%

No 0 0%

APs self assessment of the impact on agricultural lands

Seriously affected Yes 15 21%

Moderately affected Yes 25 36%

Minor Yes 30 43%

Did you receive compensation for your affected residential land? Yes 32 100%

No 0 0%

Were your buildings compensation estimated correctly? Yes 35 100%

No 0 0%

Were your walls and other structures compensation estimated correctly?

Yes 37 100%

No 0 0%

APs self assessment of the impact on residential land and structures

Seriously affected Yes 5 16%

Moderately affected Yes 12 38%

Minor Yes 18 51%

Have your income source been affected by the resettlement? Yes 26 37%

No 44 63%

Are you aware of your own compensation entitlements? Yes 70 100%

No 0 0%

Were your compensation payments sufficient to replace affected assets?

Yes 70 100%

No 0 0%

Are you satisfied with the resettlement process? Yes 70 100%

No 0 0%

Were you invited in any meeting/consultations regarding the Yes 62 89%

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resettlements? No 8 11%

Are you planning to demolish walls, structures that you have been compensated for?

Yes 32 100%

No 0 0%

6 GRIEVANCE CASES 38. All grievance cases and complaints on land acquisition compensation and resettlement addressed on time and APs satisfaction achieved. In the process of provision of compensation payments, APs were reminded that in case of disagreement they can submit grievance application within their subdistrict offices where a representative of GRC is appointed. Special form was designed by the LARP assessment team, which was used for written grievances registration. All APs and other community members (who believed, they were affected) had access to application forms and writing complaints regarding their concerns. 39. All grievance cases were solved in a very transparent way in participation of APs. After agreeing with the decision of GRC each AP signed on the grievance solution documents which were prepared by the GRC. Within area of LARP II A we did not identify any written grievance from APs/AEs. Some oral complains regarding amount of compensations differences of LARP I and LARP II were raised by APs and it was explained that LARP I was implemented in 2011 and LARP II is in 2013. The increased amount of compensations of 2013 is mainly because of increased price of agricultural products in case of cropping land losses and in case of buildings increased price of construction materials.

7 CONCLUSIONS

40. Discussion with affected entities prevailed that their lands, building and other structures have been correctly enumerated and they have received compensation payments accordingly. The amounts of payments were equal to the amounts that was announced during consultation meeting organized for them to check the acuracy of assets inventory and cost calculations.

41. Implementation of the LARP II A corressponds to the principles and policies adopted for the project. The ADB Safeguard Policy Statement requirements for involuntary resettlement and the principles adopted for the project were followed. All compensations, assistance and benefits adopted in the proposed entitlements matrix, corresponded to the APs received benefits that they were entitled for. Implementation of LARP II A has adequately met all requirements listed in the LARP II document that was adopted, which were approved by the Government of Tajikistan and ADB.

42. Exteral monitoring team firmly confirms complete implementation of LARP II A and recommends for provision of No Objection Letter for commence of civil works. All the compensation entitlements of APs/AEs included in the LARP II approved document and the APs/AEs censuses ratified and submitted by the project districts Government Authorities (see Appendix 6) have been paid to each and every of them. No any case of froud or corruption have been observed. There was an evidence of APs knowledge about various types of compensation entitlements and losses estimation procedure, which is proving community involvement and participation in the process of preparation of LARP project that facilitated complete implementation of the LARP II A.

Appendices

Appendix 1: Internal monitoring report of the implementation of LARP II A

Appendix 2: Individual APs assessment sheet

Appendix 3:

List of APs with type and volumes of impacts ratified by the local districts agricultural departments, land committees, heads of jamoats and land committee’s representative within jamoats

Appendix 4 Information Pamphlet distributed to APs/AEs and other community members

Appendix 5 List of People contacted and interviewed

Appendix 6 Local Authorities’ Letters to MOT on Provision of Fund for Payments including duly authenticated list of APs

Appendix 7: Copies of Payment Receipts and Statement Receipt written by each AP

Appendix 1

REPUBLIC OF TAJIKISTAN

MINISTRY OF TRANSPORT

CAREC CORRIDOR 3 (DUSHANBE –

UZBEKISTAN BORDER ROAD

IMPROVEMENT PROJECT)

ADB GRANT: 0245-TAJ (SF)

MONITORING REPORT OF LAND ACQUISITION

AND RESETTLEMENT IMPLEMENTATION

PHASE II – A

SMEC International 1st Floor, 14 Aini str., Dushanbe

Republic of Tajikistan

Facsimile: +992 37 221 68 65

www.smec.com

OCTOBER 2013

2

Contents

1 Introduction 6

2 Asset inventory and compensation payments 8 2.1 Agricultural land 8 2.1.1 Agricultural land-use rights compensation 9 2.1.2 Compensations for losses of income from annual crops on agricultural lands 9 2.1.3 Compensation for perennial crops 10 2.2 Residential/Commercial Lands 11 2.2.1 Residential and commercial land compensation costs 11 2.2.2 Compensations for fruit trees grown on residential lands 11 2.3 Impact on APs structure and buildings 12 2.3.1 Structures and Buildings Compensation Costs 12 2.3.2 Compensation of community and government structures. 13 2.4 Affected businesses and delivered compensations 14 2.5 Allowances 14 2.5.1 Severe impact allowances 14 2.5.2 Allowances for vulnerable APs 15

3 Resettlement budget and financing 15 3.1 Sources of Financing 15 3.2 Summary of costs 15

4 Public consultations / Focused group discussions with APS 16

5 Grievance Cases 17

6 Conclusions 17

7 Recommendations 19

3

Abbreviations and Acronyms AP Affected person AE Affected Entity AH Affected household ADB Asian Development Bank AIDS Acquired immune deficiency syndrome ALMGC Agency for Land Management, Geodesy and Cartography CAREC Central Asia Regional Economic Cooperation CC Civil Code of the Republic of Tajikistan CRBC China Road and Bridge Corporation DF Dekhan Farm DMS Detailed measurement survey EA Executing agency EMC External Monitoring Consultant FGD Focused group discussions GRC Grievance redress committee GRM Grievance redress mechanism Ha Hectare HH Household ID Identity cards IM Independent monitor IR Involuntary resettlement Kg Kilogram LAR Land acquisition and resettlement LARP Land acquisition and resettlement plan LC Land Code of the Republic of Tajikistan LS Lump sump LURC Land use rights certificate M&E Monitoring and evaluation MBTI Mezhraion (inter-district) bureau of technical inventory MOT Ministry of Transport NGO Non government organization NoL No objection letter PIU RR Project implementation unit for road rehabilitation PLU Primary land users PMC Project Management Consultant PPTA Project preparatory Technical assistance PSA Poverty and social assessment RoW Right of way RT Republic of Tajikistan Sl Serial number SLU Secondary land user SPS Safeguard policy statement SPISPM State committee on investment and State property management SR Safeguard requirements STD Sexually transmitted diseases TJS Tajikistan somoni (currency) ToR Terms of reference

4

Definition of Terms

Compensation means payment in cash or kind for an asset to be acquired or affected by

a Project at replacement cost at current market value. Cut-off-date means the date after which people will not be considered eligible for

compensation, i.e. they are not included in the list of APs as defined by the census.

Dekhan Farm means farms, usually midsized, that are legally and physically distinct

from household plots, for which full user rights but not ownership is allocated to either individuals or groups. Regulations concerning Dekhan farms in Tajikistan are laid out in the Law No. 48 on Dekhan Farms, dating from 2002.

Detailed measurement survey means the detailed inventory of losses that is completed after the fixed

road alignment for the LARP Part I and detailed design and marking of Project boundaries on the ground for the LARP Part II.

Affected persons (APs)

means all the peopleaffected by the Project through land acquisition, relocation, or loss of incomes and includes any person, household (sometimes referred to as Project affected family), firm, or public or private institution. APs therefore include; i) persons affected directly by the road corridor, right-of-way, tower or pole foundations or construction work area; (ii)persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the Project impact; (iv) persons who lose work/employment as a result of Project impact; and (v) people who lose access to community resources/property as a result of the Project.

Encroachers mean those people who move into the Project area after the cut-off date

and are therefore not eligible for compensation or other rehabilitation measures provided by the Project.

Entitlement means the range of measures comprising cash or kind compensation,

relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, which are due to APs, depending on the type, extent and nature of their losses, and which suffice to restore their social and economic base.

Hukumat This is the District administration Inventory of losses means the pre-appraisal inventory of assets as a preliminary record of

assets to be affected or lost as a result of the Project Jamoat This is the Sub-district administration under each District Land acquisition means the process whereby a person is compelled by a public agency to

alienate all or part of the land s/he owns or possesses, to the ownership

5

and possession of that agency, for public purposes, in return for fair compensation.

Non-titled means those who have no recognizable rights or claims to the land that

they are occupying and 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 safeguards explicitly states that such people cannot be denied compensation.

Oblast a Region in Tajikistan Poor means households falling below the monthly income of TJS 1020/- (per

household per month). Presidential Land means land for which use rights have been allocated by Presidential

Decree but ownership remains with the state. Replacement cost means the method of valuing assets to replace the loss at current market

value, or its nearest equivalent, and is the amount of cash or equivalent in kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged and depreciation for age cannot be deducted from the compensation.

Reserve Fund Land means land owned by the state and controlled by the district

administration that may be rented, mainly for agricultural use. Sharecropper means the same as tenant cultivator or tenant farmer, and is a person

who cultivates land they do not own for an agreed proportion of the crop or harvest.

Significant impact means 200 people or more will experience major impacts, which are

defined as; (i) being physically Affected from housing, or (ii) losing ten per cent or more of their productive assets (income generating).

Vulnerable means any people who might suffer disproportionately or face the risk of

being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholding of five acres or less).

6

1 INTRODUCTION

1. This report is the third Internal Land Acquisition and Resettlement Monitoring Report (ILARMR) covering Land Acquisition and Resettlement Plan, Phase II subpart A and B (LARP II A& B) of the project road, to assess whether the implementation of the LARP II A&B for the Dushanbe-Uzbekistan Border road (the Project) complies with the stipulations of the approved LARP and ADB Involuntary Resettlement safeguards. The total length of the project road under phase II is 20.83 km. This report is based on the issues and actions defined in the final version of Land Acquisition and Resettlement Plan that was issued in June 2013 by the Ministry of Transport and disclosed on the ADB website.

2. The report describes the status of the permanent Land Acquisition process including completed issues, outstanding issues and feedback from Affected Persons/ Entities (APs/AEs). This Internal Monitoring Review has been carried out in July – September 2013 by the Resettlement specialist of the Project Implementation Unit for Road Rehabilitation, Mr. Mirzoev Eraj and Land Acquisition and Resettlement Specialist, Kudratov Faizullo of PMC - SMEC International assisted by Social and Resettlement Specialist Mr. Roger McIntyre of PMC - SMEC International Pty Ltd.

3. The Asian Development Bank (ADB) is providing grant to the Government of Tajikistan to assist in the implementation of the Central Asia Regional Economic Cooperation (CAREC) Transport Corridor 3 Program. The project road involves the rehabilitation, upgrading and construction of a part of International Transport Corridor between Dushanbe – Tursunzade and Uzbekistan border.

4. The finalization of the road design corridor/alignment for these road segments was completed by the contractor and approved by PMC that enabled precise measurements of assets affected by the resettlement and finalization of the LARP II subparts A and B. The list of road segments for which the design corridor was finalized and which were included in LARP II – A and B is shown in the following table.

Table 1: Road Segments Included in LARP II subpart A& B

LARP Phase

Road Segments

Kilometer Length

(km)

Site han-ding over

stage Remarks

From To

2 – A

E 4+560 5+200 0.64 3 Site handing

over stage upon

successful implementation

of LARP II subparts A and

B EMC compliance report and

provision of NoL by ADB separately for each subpart

5+740 7+550 1.81 3

F

14+120 16+000 1.88 3

16+060 16+420 0.36 3

16+560 17+060 0.50 3

G 21+500 26+600 5.10 3

H 34+000 39+200 5.20 3

39+760 43+800 4.04 3

Total 19.53

2 - B

E 5+200 5+740 0.54 4

F 16+000 16+060 0.06 4

16+420 16+560 0.14 4

H 39+200 39+760 0.56 4

Total 1.30

5. As per the table above, LARP II has been divided in two subparts, of which subpart A has non-significant impacts, where LAR can be carried out comparatively fast to allow for subsequent commencement of civil works, while the other, subpart B will require relocation of residences and businesses, and commencement of civil works will have to occur later. Therefore, this Internal Monitoring Report covers Subpart A, which is the one section of LARPII that has been implemented. This arrangement is consistent with the provisions of the IR Safeguards and SR of the SPS, as long as displacement will only occur after full

7

implementation of the applicable resettlement plan provisions. The LARP has made the commitment to this requirement by stipulating that civil works will only commence once compliance reports by the external monitoring consultant have been submitted to gauge no objection letters issued by ADB for each subparts covered by LARP II. 6. Impact Summary; In total under LARP II subpart A, 1,872 persons, comprising in total 234 APs/AEs have been affected in different locations of Rudaki, Gisar Shahrinaw and Tursunzoda districts. Based on the information from table 108 APs/AEs lose 19.6 ha of agricultural lands of annual crops, orchards and vineyards, 135 households lose 2,83 ha of residential/commercial lands. This report will bring detail explanation of the actual impact volumes and implementation of LARP II subpart A.

Table 2: Land Acquisition and Resettlement II - A Impacts Summary Planned / Actual

Affects on community land, buildings and facilities Unit Planned Actual

Affected households' agricultural land and orchards number 108 108 Affected area of households' agricultural land and orchards sq. meter 196,202.8 196,202.8

Average % of the affected land area against total land holding % 0.85% 0.85%

Affected fruit trees on agricultural land number 368 368

Affected households' residential / commercial land number 135 135

Affected area of residential / commercial land sq. meter 28,274 28,274

Affected fruit trees on residential / commercial land number 998 998

Affected buildings number 182 182

Single floor buildings sq. meter 2,774 2,774

Double floor buildings sq. meter 305.8 305.8

Sheds sq. meter 3,082.3 3,082.3

Outbuildings (kitchens, barns, livestock shelter, etc.) sq. meter 2,812.6 2,812.6

Sanitation facilities (toilets, wash houses) sq. meter 198.9 198.9

Living buildings sq. meter 226.3 226.3

Shop buildings sq. meter 2,251.6 2,251.6

Affected walls, fences and other miscellaneous items number 356 356

Concrete walls / Foundations m3 926.6 926.6

Reinforced concrete walls m3 111.9 111.9

Cemblock walls m3 418.3 418.3

Stone walls m3 79.2 79.2

Burnt bricks walls m3 27.4 27.4

Mud bricks walls m3 88.3 88.3

Mud walls m3 233.8 233.8

Wire netting fences m2 469.6 469.6

Tanks / Pools m3 125.7 125.7

Concrete surfaces m3 735.8 735.8

Ovens m3 49.6 49.6

Wells m3 430.7 430.7

Concrete ditches m3 46.9 46.9

Severely Affected Households number 54 54

Vulnerable affected households number 67 67

Number of Households to be relocated number - -

Number of Businesses to be relocated number - -

Total affected households number 234 234

Total Affected Persons number 1,872 1,872

7. Compensation entitlements planned and delivered; Comparison of the entitlements defined in the LARP II compensation matrix and compensations that were delivered to the APs/AEs in quantities and amounts commensurate to the amounts and unit rates detailed in the approved LARP II and APs/AEs censuses provided by the districts’ authorities of the project road (See Appendix 1).

8

8. Compensation budget planned versus budget delivered; The compensation and other related resettlement costs due to LARP II subpart A was budgeted to TJS 9,636,648 including 10% of contingency to cover costs for complaints, if they arise and other additional impacts on areas such as junctions, access roads and culverts that might evolve and require additional land take. However, contingency costs were not utilized because the detailed design for all access roads and junctions was not fully submitted. A separate impact assessment will be conducted and a separate LARP II adendum will be prepared and submitted for approval and subsequent implementation after the complete submission of the design for the remaining access roads. Direct cost of the LARP II A is 8,685,588.7 TJS that was paid to APs/AEs, as compensation and allowances against their losses. It comprises 100% of the planned budget as direct costs of the LARP II subpart A.

9. Public Consultations; Consultations with the affected persons and other major stakeholders were conducted in each village pre and post compensation provision. Information pamphlets in Tajik language were provided to each AP/AE and evaluation methods of affected assets such as land, structures, trees and income losses were explained to all stakeholders. Separate FGDs were conducted at village level to understand APs perception on the project impact and compensation entitlements that they have received. 10. Grievance Redress Mechanism; During the resettlement period, Affected Persons used their rights to submit grievance application if they had any disagreement regarding evaluation of the affected assets. In the project area of LARP II A, there were some oral complains from community members that did not receive compensation. It was clarified that their land and assets were not affected by the project. 11. Assessment on Compliance; LARP II subpart A was implemented in a manner that all potential adverse impact on APs/AEs land, buildings, income sources and other assets have been fully compensated to achieve APs/AEs satisfaction. LARP implementation complied with the ADB Safeguard Policy Statement requirements for involuntary resettlement and the principles adopted for the project, in terms of provision of compensation and impact validation. All compensations, assistance and benefits adopted in the proposed entitlements matrix, corresponded to the APs/AEs received benefits for which they were entitled.

2 ASSET INVENTORY AND COMPENSATION PAYMENTS 2.1 Agricultural land 12. Based on LARP II, 120 land parcels belonging to 108 APs/AEs comprising in total 196,203 sq. meters (19.6 ha) of agricultural lands of annual and perennial crops was affected under phase two of the project road, which represents 0.89% of the total existing lands owned by APs/AEs at average, however 52 APs holding Presidential lands and Individual Dehkan Farms, have impact on more than 10% of their cropping lands where APs received allowance for severe impact on their lands and income source. Table 4: Agricultural land losses

Type of Cultivation

Total area of

agricultural land (ha)

Affected land as per LARP II A

Affected land as per implementation

% of total land

holding affected

Area (m

2)

Plots No.

APs/AEs No.

Area (m

2)

Plots No.

APs/AEs No.

Annual Crops 2,142 182,991 104 93 182,991

104 93 0.85%

Orchard 57 11,652 14 14 11,652 14 14 2.04%

Vineyard 5.5 1,560 2 1 1,560 2 1 2.84%

Total 2,204 196,203 120 108 196,203

120 108 0.89%

9

2.1.1 Agricultural land-use rights compensation

13. Compensation payments; AEs received compensations for the loss of land use rights for 5 years based on yearly gross income of affected land of annual crops and yearly gross income of land with perennial crops. PMC, PIU RR, External monitor and resettlement specialist from ADB directly participated during provision of compensation. APs/AEs confirmed that they have been compensated for their land and income by written statement. Once again they have confirmed that their land was affected and they agreed with the amount of compensation being paid to them. Bank reciepts and APs/AEs statements confirmed that APs/AEs received 905,830.9 TJS for five years of loss in the use rights on agricultural lands for the lands under annual crops. Similarly agricultural lands used under perennial crops were compensated to all APs/AEs lands used as orchards and vineyards. Amount of 48,106 TJS of annual income of lands with perennial crops and 6,048 TJS for land used under vineyards were paid to APs/AEs as compensation for the loss of land use rights. The same amount of compensations were stipulated in the approved LARP II. In total 959,985.3 TJS was paid to 108 APs/AEs for the loss of use rights on agricultural lands. See Table 5 below for more information on payments provided to APs/AEs. Table 5: Compensations for loss of use rights on agricultural lands by road segments

Road Segments

Type of Cultivation

Affected land as per LARP II A Affected land as per

implementation %

APs/AEs Land

compen-sated

Area (m

2)

Plots No. / APs-

AEs No.

Compen-sation

Planned TJS

Area (m

2)

Plots No. / APs-AEs

No.

Actual Compen-

sation TJS

E Annual Crops 10,640 18 / 12 49,420.4 10,640 18 / 12 49,420.4 100%

Orchard 9,699 7 / 7 . 30,373.8 9,699 7 / 7 . 30,373.8 100%

F Annual Crops 74,963 6 / 6. 332,847.4 74,963 6 / 6. 332,847.4 100%

G

Annual Crops 53,938 62 /60 269,662.4 53,938 62 /60 269,662.4 100%

Orchard 1,640 3 / 3. 8,849.0 1,640 3 / 3. 8,849 100%

Vineyard 960 1 / 1. 4,320.0 960 1 / 1. 4,320 100%

H

Annual Crops 43,450 18 / 15 253,900.8 43,450 18 / 15 253,900.8 100%

Orchard 1,012 4 / 3. 8,883.6 1,012 4 / 3. 8,883.6 100%

Vineyard 600 1 / 1. 1,728.0 600 1 / 1. 1,728 100%

Sub-total

Annual Crops 182,991 104 / 93 905,830.9 182,991 104 / 93 905,830.9 100%

Orchard 12,351 14/13 48,106.4 12,351 14/13 48,106.4 100%

Vineyard 1,560 2/1 6,048.0 1,560 2/1 6,048 100%

Total 196,902 120 / 108 959,985.3 196,902 120 / 108 959,985 100%

2.1.2 Compensations for losses of income from annual crops on agricultural lands

14. Compensations for the losses of annual crops were paid in cash at prevailing market rate based on yearly yield. Information on average productivity and market price of different agricultural crops grown in the project are was provided by the agriculture departments of each district and an average rate and productivity was calculated to be used for estimation of losses income from crops for the entire project area. Table 6 below provides information on planned and actual payments of compensations for annual crops. An amount of 181,166.2 TJS, one year gross income of different agricultural productes grown by APs/AEs were compensated to the land owners.

10

Table 6: Annual crops compensation costs LARP II - A.

Type of crops

Information determined in the LARP II Actual Implementation

Cultivated area (m²)

Average crop

productivity kg/ha

Volume of production per year

(kg)

Current price

per kg (TJS)

Estimated Compens

ations (TJS)

Cultivated area (m²)

Compensations

received by

APs/AEs (TJS)

% APs Compensated

Wheat 54,426 4,125 22,450.7 1.8 40,411.3 54,426.0 40,411.3 100%

Corn 26,336.7 4,125 10,863.9 2.1 22,814.1 26,336.7 22,814.1 100%

Carrot 1,240 24,500 3,038 1.0 3,038.0 1,240.0 3,038.0 100%

Onions 6,257 29,250 18,301.7 1.4 25,622.4 6,257.0 25,622.4 100%

Potatoes 2,203 23,750 5,232.1 1.8 9,417.8 2,203.0 9,417.8 100%

Tomatoes 516 25,000 1,290 1.4 1,806.0 516.0 1,806.0 100%

Vegetables 9,032.5 16,000 14,452 1.0 14,452 9,032.5 14,452 100%

Cotton 41,026.7 3,000 12,308 2.1 25,846.8 41,026.7 25,846.8 100%

Lucerne 41,953 10,000 41,953 0.9 37,757.7 41,953.0 37,757.7 100%

Total 182,990.8 139,750 129,889.5 13.5 181,166.2 182,990.8 181,166.2 100%

2.1.3 Compensation for perennial crops

15. Compensation for fruit trees and vines losses were calculated based on annual volume of production of the tree multiplied by the number of years to re-grow the tree to productive stage and value of product at market price. A total amount of 148,123.3 TJS was paid to APs/AEs for the loss of income from fruit trees and vineyards. For more information refer to Table 7.

Table 7: Compensation for fruit trees loss on agricultural land LARP II - A

Affected fruit trees

Information as per LARP II Actual Implementation

No. of fruit trees in Road

Segments

Yearly yield

(kg.) per tree

Market Value of Product per kg

(TJS/kg)

Number of Years

to Re-grow a

New tree

Estima-ted

compensation (TJS)

Total No. of affect-

ted trees

Compensation

received by APs/AEs

(TJS)

% AP/AEs Compensated

E F H

Apple 67 10 9 28 5.3 3 38,287 86 38,287 100%

Cherry 27 19 8 25 7 2 18,900 54 18,900 100%

Small cherry 34 8 19 20 5 2 12,200 61 12,200 100%

Peach 8 20 4 27 6 2 10,368 32 10,368 100%

Apricot 3 - - 40 3 3 1,080 3 1,080 100%

Pomegranate 20 - - 28 7 2 7,840 20 7,840 100%

Nut tree 3 - 10 50 7 4 18,200 13 18,200 100%

Grapes 12 40 16 36 3 4 29,376 68 29,376 100%

Khurmo 4 - - 40 1.5 3 720 4 720 100%

Mulberry 4 - 1 25 4 2 1,000 5 1,000 100%

Almond 3 - - 20 15 4 3,600 3 3,600 100%

Plum 15 - - 33 4 2 3,960 15 3,960 100%

Fig 4 - - 27 8 3 2,592 4 2,592 100%

Total 204 97 67 148,123 368 148,123 100%

11

2.2 Residential/Commercial Lands

16. Based on the LARP II information and the actual implementation of LARP II – A, residential / commercial lands of 135 APs/AEs have been affected out of which 76 are with residential and 59 land parcels are with commercial titles. These APs/AEs lose 2,83 ha of residential/commercial lands. Table 9 provides more detailed information on number of APs/AEs, number of plots and type of land loss by road segments.

Table9: Affected Residential / Commercial lands, planned and actual LARP II – A

Road Segments

Type of Land

Affected land as per LARP II Affected land as per implementation

% APscom

pen-sated

Affected area (m

2)

No. of APs/AEs

No. of Plots

Affected area (m

2)

No. of APs/AEs

No. of Plots

E Residential 547 5 5 547 5 5 100%

Commercial 3,296 9 9 3,296 9 9 100%

F Residential 898 8 8 898 8 8 100%

Commercial 835 2 2 835 2 2 100%

G Residential 3,270 19 19 3,270 19 19 100%

Commercial 2,083 8 8 2,083 8 8 100%

H Residential 6,294 44 44 6,294 44 44 100%

Commercial 11,051 40 40 11,051 40 40 100%

Subtotal Residential 11,009 76 76 11,009 76 76 100%

Commercial 17,265 59 59 17,265 59 59 100%

Total 28,274 135 135 135 135 135 100%

2.2.1 Residential and commercial land compensation costs

17. 135 APs/AEs received in total 336,461 TJS for the loss of 28,274 sq. meter residential commercial lands out of which 76 APs are with marginal loss of residential and 59 APs/AEs are with marginal loss of commercial lands. These APs/ AEs remain with sufficient land to rebuild their structures, shops and other outbuildings. None of the APs/AEs have been relocated under implementation of LARP II subpart A. 11.9 TJS per 1 sq. meter have been paid to the APs/AEs which is equivalent to 2.5 USD according to exchange rate of National Bank of Tajikistan (NBT) as per 10th January 2013 (the period of evaluation of the losses). Table 10: Residential / Commercial land compensation costs

2.2.2 Compensations for fruit trees grown on residential lands

18. A total of 485,097 TJS compensations was paid to APs losing residential lands also for

the loss of income from production of fruit trees grown on residential lands. Number of trees

Category of AP No

Planned budget Compensation rate per sq.

meter

Actual compensation paid

Affected area (m

2)

Total TJS

Affected area (m

2)

Total TJS

APs/AEs with marginal residential land loss and with sufficient land to rebuild

76 11,009 131,007 2.5 USD equal to 11.9 TJS according to the exchange rate of NBT by 10

th

January 2013.

11,009 131,007

AP with marginal commercial land loss and with sufficient land to rebuild

59 17,265 205,454 17,265 205,454

Total 135 28,274 336,461 28,274 336,461

12

and amount of compensations provided to each AP, corresponds to the information provided

on compensation break down lists provided for each AP.

Table 8: Compensation for fruit trees grown on residential lands LARP II – A

Affected fruit trees

Information as per LARP II Actual Implementation

No. of fruit trees in road segments

Yearly yield (kg.) per tree

Current Market

Value of Product per kg

(TJS/kg)

Number of Years to Re-grow a

New tree

Estima-ted

compen-sation (TJS)

Total No. of trees

Compensations

received by APs (TJS)

% APs Compensated

E F G H

Apple 14 5 9 38 39 5.3 3 40,926.6 66 40,926.6 100%

Cherry 6 1 3 41 37 7 2 26,418 51 26,418 100%

Small cherry 52 26 15 90 35 5 2 64,050 183 64,050 100%

Peach 9 3 2 16 37 6 2 13,320 30 13,320 100%

Apricot 34 7 3 50 50 3 3 42,300 94 42,300 100%

Pomegranate 18 3 - 10 39 7 2 16,926 31 16,926 100%

Nut tree 24 2 22 44 55 7 4 141,680 92 141,680 100%

Grapes 13 16 17 42 47 3 4 49,632 88 49,632 100%

Mulberry 20 - 7 25 27 4 2 11,232 52 11,232 100%

Khurmo 153 4 7 55 50 1.5 3 49,275 219 49,275 100%

Plum 13 7 1 24 39 4 2 14,040 45 14,040 100%

Fig 9 - - - 33 8 3 7,128 9 7,128 100%

Pear 2 1 - 1 32 5 3 1,920 4 1,920 100%

Queen apple 4 - 2 5 48 3.8 3 6,019.2 11 6,019.2 100%

Almond - - - - 24 15 4 - - - 100%

Flower (Rose) 23 - - - 1 5 2 230 23 230 100%

Total 394 75 88 441 485,097 998 485,097 100%

19. Productivity of fruit trees grown on residential plots are higher than those of fruit trees grown on agricultural lands. It is mainly because trees on residential plots are of bigger age and loss of product is lower. All interviewed agricultural land holder APs reported that they have received compensation mentioned in signed documents and no any deduction were made from the amount of money they have signed for and received. 2.3 Impact on APs structure and buildings

20. LARP II - A has affected 182 different type buildings of APs/AEs with total area of 9,174 sq. meters. Out of the affected buildings 43 are single store buildings and 4 double store buildings such as shops and living houses. Remaining structures are outbuildings and sheds that are used by APs as warehouses, livestock shelter, kitchen and etc. 2.3.1 Structures and Buildings Compensation Costs

21. The total amount of 4,809,784 TJS has been paid for the affected buildings (Table 11) and 1,138,312 TJS was paid for the affected walls, fences, ovens and other miscellaneous items (Table 12) to be lost by APs/AEs due to the road development. That is 100% of LARP II Section A Structures and Buildings have been compensated. Payments have been done based on the professional valuators from SCISPM of the RT assessment of losses and type of structures. Houses and shops values were based on the total area of the buildings, type of materials used and the location of the building free of deduction of transaction costs or for any material salvaged. Depreciation for age of structures and buildings was not deducted from the compensation.

13

22. Identified costs for walls and buildings of all APs/AEs were determined by the State Committee on Investment and State Property Management of the Republic of Tajikistan. The State Committee specialists visited each affected structure and re-checked measurements and construction material, which were provided previously by the LARP assessment team (SMEC and PIU RR resettlement specialists, assessment assistants and engineer whenever required). APs also confirmed this statement. In SCISPM engineer who visited project site confirmed that each given value is based on the current market prices inclusive of all components, transportation costs and labour.

Table 11: Buildings compensation costs planned and actual payments

Type of buildings

Affected buildings as per LARP II – A Actual Implementation

Segment E Segment F Segment G Segment H Calculated Compensations (TJS)

Total No. of buil-dings

Total Area m2

Compensations

received by APs (TJS)

% APs Compensated

Area m

2

No. Area m

2

No. Area m

2

No. Area m

2

No.

Single floor 451 7 176 4 486 7 1,661 25 2,760,463 43 2,774 2,760,463 100%

Double floor - - - - 62 2 244 2 395,387 4 306 395,387 100%

Sheds 576 13 249 3 592 9 1,666 25 700,818 50 3,082 700,818 100%

Outbuildings 157 5 191 4 579 13 1,886 46 890,271 68 2,813 890,271 100%

Lavatory 69 3 9 1 29 2 93 11 62,845 17 199 62,845 100%

Total 1,253 28 624 12 1,748 33 5,549 109 4,809,784 182 9,174 4,809,784 100%

Table 12: Compensation payments for the loss of structures and walls

Walls, fences and other

miscellaneous items

Affected walls and other structures as per LARP II – A Actual Implementation

Segment E Segment F Segment G Segment H Estimated Compen-

sations TJS

Volu-me m

3

No.

Compensati-ons

received by APs/AEs

TJS

Volu-me m

3

No Volu-me m

3

No. Volu-me m

3

No Volu-me m

3

No

Fencing 437 41 99 17 354 41 1,466 152 700,472 2,355 251 700,472

Tanks / Pools 17 3 88 4 0 0 21 8 53,999 126 15 53,999

Concrete surfaces 369 9 41 4 66 9 260 32 337,934 736 54 337,934

Ovens 3 2 8 2 17 8 21 11 12,211 50 23 12,211

Wells 350 2 0 0 0 2 80 1 10,904 431 5 10,904

Concrete ditches 0 0 8 1 21 3 18 4 22,791 47 8 22,791

Total 1,176 57 244 28 458 63 1,866 208 1,138,312 3,744 356 1,138,312

2.3.2 Compensation of community and government structures.

23. During the implementation of the LARP II subpart A, one storage building of the local Road and Communication Maintenance Department, boundary walls and warehouse of one mosque, six cemetery walls and local jamoats information boards are affected. Accordingly, costs of community and local government structures and buildings were registered and evaluated. All community and government structures located in the LARP II subpart A were compensated. Mosque and cemetery structures compensations have been provided to local jamoat to rebuild jointly with villages head of communities. Data is covered in the tabulations 11 and 12 above.

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2.4 Affected businesses and delivered compensations 24. Along the project road covered by LARP II – A, 50 businesses have been affected, which belong to 47 APs. Some of the APs run more than 1 business in the same location and / or building. All affected businesses within LARP II – A, are temporarily affected and can be restored after completion of earth works and completion of sub base layer of the project road. 25. All owners have been compensated for Business losses mainly for loss of income while they re-establish their businesses equivalent to 12 months of their income. Business losses were calculated on the bases of annual profit gained through reviewing tax records provided by the local districts tax committee departments. Apart from loss of income, business owners received compensation for the affected land and buildings and other structures that belonged to them. In the case of absence of tax records (identified 15 business owners who were running business without registration and tax payments) the business owners were provided compensation equivalent to one year’s average monthly salary of 5,304TJS. Table 13: Compensation paid for business losses

Affected businesses as per LARP II – A Actual

Implementation

No. of APs with impact on business 5 2 4 36 47 47 100%

Type of Businesses

Road Segments Estimated Compens

ations TJS

Total Number of

affected businesses

Compensations

received by APs

TJS

E F G H

Shop (Food/manufactured goods) 1 1 4 6 86,320 12 86,320

Café / Canteen 1 6 66,216 7 66,216

Snack food outlet

6 41,520 6 41,520

Butchery 4 25,960 4 25,960

Pharmacy 1 5,304 1 5,304

Fuel station 2

78,543 2 78,543

Households' goods shop

5 75,000 5 75,000

Spare parts trade 1

5,304 1 5,304

Car repair workshop 2 6,462 2 6,462

Building rent 5 19,808 5 19,808

Restaurant 1

5,304 1 5,304

Currency exchange office 3 7,104 3 7,104

Agro seeds shop 1 1,380 1 1,380

Total 5 2 4 39 424,225 50 424,225

26. All business owners have been visited and they confirmed information on receiving allowances for the period of time that their businesses stopped. No complaints were voiced during visits or subsequently recieved from the business owners to date. A total amount of 424,225 TJS (100%) was paid to Business APs.

2.5 Allowances 2.5.1 Severe impact allowances

27. Acording to the LARP compensation policy, the severely impacted households are either those who will be relocated and or have impact on their residential buildings or those that will lose more than 10% of their income source. A severe impact allowance was paid to all 52 APs who are losing 10% or more of their agricultural land and 2 APs with loss of residential buildings. These APs had other houses to live in the same compound and were not relocated. There is enough space within residential land to rebuild affected buildings. Amount of 143,208

15

TJS was paid to all severely affected households and entities. Crosscheck of information and сensus of APs/AEs did not identify any other additional case of severity impact. Table 14:Severe Impact Allowances

Targeted number of APs as per LARP II – A Actual payments provided

Category of Impact Planned Eligible

households

Rehabilitation allowance (TJS)

Actual No. of APs Eligible for

payment

Rehabilitation allowance

(TJS) Rate Total

APs/AEs with loss of agricultural lands >10%

52

2,652

137,904 52 137,904

Households with impact on residential buildings

2 5,304 2 5,304

Total 54 143,208 54 143,208

2.5.2 Allowances for vulnerable APs 28. Additional allowance of 884 TJS (average monthly salary for two months) was paid to 67 APs who were considered as vulnerable. More information provided in Table 15 below. Mainly women headed households and households below poverty line considered as vulnerable. Table15:Allowances for vulnerable households

Targeted number of APs as per LARP II – A Actual payments provided

No of households

Vulnerable AP Allowance (TJS) Actual No. of APs Eligible for payment

Rehabilitation allowance (TJS) Rate (TJS) Total

67 884 59,228 67 59,228

3 RESETTLEMENT BUDGET AND FINANCING

3.1 Sources of Financing 29. The Government of Tajikistan has provided compensation for lost assets and income rehabilitation. The Government has also provided funds for allowances specifically required by ADB such as severe impacts, provision for vulnerable affected households and relocation allowances. The resettlement budget for LARP II - A is based on the stakeholders’ approved compensation rate for loss of land right use, independent evaluation of the replacements costs for buildings and structures, associated costs for livelihood restoration and other specific provisions such as allowances for vulnerable persons, cost of services of a registered land valuators and 10% contingency. 3.2 Summary of costs 30. The compensation and other related resettlement costs due to LARP II – A was budgeted to TJS 9,636,648 including 10% of contingency to cover costs for complaints and any other unexpected impact cases such as junctions, culverts, etc, for which an addendum will be prepared. Direct cost of the LARP II – A is 8,685,589 TJS and which has been paid to 100% of APs/AEs as compensation and allowance against their losses as per the LARP II A.

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Table 16:LARP Budget

ITEM

Budget as per

LARP II A TJS

Actual Implemen-

tation TJS

% of execu-

tion

1. Rehabilitation Assistance for Loss of Land Use Right

a. Cash Allowance

- agricultural Land 959,985 959,985 100%

- Residential / Commercial Land 336,461 336,461 100%

b. Preparation for allocated residential/commercial plot 100%

2. Compensation for Structure Losses

a. Buildings 4,809,784 4,809,784 100%

b. Walls and Fences 700,472 700,472 100%

c. Other structures 437,840 437,840 100%

3. Compensation for Crop Losses

a. annual crops 181,166 181,166 100%

b. perennial crops/fruit trees 148,123 148,123 100%

c. fruit trees at households' plots 485,097 485,097 100%

4. Compensation for Businesses Losses 424,225 424,225 100%

5. Allowances

a. Allowance for Severely Affected DPs 143,208 143,208 100%

b. Allowance for Vulnerable DPs 59,228 59,228 100%

c. Relocation allowance - - -%

Total compensation Costs 8,685,589 8,685,589 100%

Support Costs 75,000 - -%

Total 8,760,589 8,685,589 99%

Contingency 10 % 876,059 - -%

Grand Total 9,636,648 8,685,589 90%

4 PUBLIC CONSULTATION / FOCUSED GROUP DISCUSSIONS WITH APS

31. Affected people consulted during project preparation and implementation and information is disclosed in a form, manner and language accessible to them. Safeguard plans are disclosed to the public and information is updated at various stages of the project cycle. Roles and Responsibilities have been followed by undertaking required social assessments, carrying out consultations with affected people and communities during preparation and implementation of the project, and monitoring of the work was ensured. 32. Accountability mechanism was set to provide a platform where APs could express their grievances, seek solutions and report on alleged violations of the adapted policies established for the implementation of LARP phase II. Within each project district, a Grievance Redress Committee was establish where APs had proper access to and bring their issues on the table with a special grievance form available at GRC representative offices in each jamoat.

33. Consultations with government authorities at district and jamoat level were conducted where discussions were held about any issues or constrains raised by APs after completion of LARP II. All grievance cases and complaints on land acquisition compensation and resettlement addressed on time and APs satisfaction achieved. In the process of compensation

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payments, APs were reminded that in case of disagreement they can submit grievance application within their subdistrict offices. All APs and other community members (who believed, they were affected) had access to application forms and writing complaints regarding their concerns.

34. Public consultations were carried out at various stages of the Project Implementation. APs were consulted through focus group discussions and individually during the impact assessment. On these discussions APs were informed on their entitlements and types and amounts of compensations they receive for different affected assets and structures. Open discussions were generated with APs on entitlements matrix and procedure for asset evaluation. Second round of discussions with APs held during provision of compensation payments. Each individual AP was explained about evaluation of different types of losses that they had and other allowances which they are receiving. APs also admitted that during impact assessment the same quantities of losses were registered and they expressed agreement for the amount of compensation they have received. Also written statements were collected from each APs/AEs after provision of payments. And the third round of FGDs was conducted in each village where issues and concerns raised by APs were checked and verified on resettlement site. 35. Objectives of these consultations were to understand perceptions of the APs with reference to acquisition of land and loss of property and its due compensation, to discuss entitlements and procedure for compensation and to get opinions of APs evaluation on price formation of acquired assets. Local communities and APs of the project site are well informed generally about the project. People received final revised version of Information Pamphlet in Tajik language. (See Appendix 2)

5 GRIEVANCE CASES

36. Within project area of LARP II – A there was no written grievance cases registered during implementation of the LARP II A. Some communities members orally informed on missing their names on compensation lists, and immediate actions were taken to clarify the reasons to them. Joint visit with the GRC community members took place and it was identified that these people were not affected, although their lands are also located at the road edge. 37. In the process of compensation payments, APs/AEs were reminded that in case of disagreement they can submit grievance application within their subdistrict offices where a representative of GRC is appointed. A special form was designed by the LARP assessment team, which was used for written grievances registration. All APs and other community members (who believed, they were affected) had access to application forms and writing complaints regarding their concerns. 38. All grievance cases were resolved in a very transparent way in participation of APs. After agreeing with the decision of GRC each AP signed on the grievance solution documents which were prepared by the GRC. Solutions were achieved in a timely manner and following policies and procedures mentioned in the LAR II plan.

6 CONCLUSIONS 39. Overall LARP II – Aimplementation is satisfactory. APs affected land, buildings, structures and other income sources have been enumerated and compensated fairly. The ADB Safeguard Policy Statement requirements for involuntary resettlement and the principles adopted for the project were followed. All compensations, assistance and benefits adopted in

18

the proposed entitlements matrix, corresponded to the APs/AEs received benefits that they were entitled for. There was an evidence of APs knowledge about various types of compensation entitlements and losses estimation procedure, which is proving community involvement and participation in the process of preparation of LARP project. Implementation of LAR has adequately met all requirements listed in the LARP II document that was approved by the Government of Tajikistan and ADB. Table 17 bellow provides information on status of LAR activities progress. 40. LARP II – B is being implemented and it is planned to complete payments to all APs by December 2013. Process of allocation of new lands for 32 displaced APs and APs with huge land loss is ongoing. Replacement plots of good location and equal value lands have been identified. State authorities are working on preparation of land certificates. APs have accepted the location of new land plots, which will be given to them to construct new houses. LARP II B monitoring report will be prepared based on completion of its implementation, which is expacted in - April 2014. Monthly progress on the implementation, challenges of LARP II B will be updated in monthly progress reports of the project. 41. There are some factors, which are causing delays for the timely implementation of LAR that in the future might delay the whole project activities. Some components of the project such as culverts, underpasses and community access roads have not been completely designed. This will require the LAR team to re-assess additional impact to community assets, caused by these structures of the project road and include them in LAR addendum to compensate additional impacts. Another factor that caused delays in the LAR implementation was the process of auditing by the State Anti-corruption Agency, which took longer time because of several field visits and preparation of required information. These are normal process for such huge projects but it was not considered during planning of LAR activities.

Table 17: Compensation Entitlements Matrix

Assets Affected Persons

Entitlements APs No.

Agricultural land: All losses irrespective of impact severity

Individual land-use rights holder

An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected annual crops land at market rate or to 1 year of gross income of affected fruit trees land at market rates.

99 APs

Cooperative land holder

An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected land at market rate

9 AEs

Residential/ commercial land

Residential rights holder

Provision of alternative land or rehabilitation cash allowance for loss of land use rights equal to the current land lease rates multiplied by 25 years ($2.5 per m

2)

135 APs

Houses and structures

All relevant APs.

Cash compensation at replacement rate for affected structure/other fixed assets free of salvageable materials and transaction costs. All buildings will be compensated in their entirety

147 APs/AEs

House/building rent

Renter/leaseholder

Rental allowance in the form of 1 to 3 months rent in cash N / A

Income from crops

All APs Crop compensation in cash equal to 1 year of the gross income of affected land at market rate. This shall apply whether the land is fallow, or under cultivation.

108 APs/AEs

Income from trees

All APs Cash compensation for wood trees based on volume of wood N / A

Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production

114 APs

19

Assets Affected Persons

Entitlements APs No.

Business or employment loss; temporary or permanent

All APs (including informal settlers)

Business Owner: Cash compensation for lost income up to 1 year’ (if income is permanent) or cash compensation for the period of business interruption (if the loss is temporary). The compensation is assessed at actual income as per tax declaration or if taxes have not been paid at the maximum non-taxable income.

47 APs

Permanent worker/employers

Indemnity for lost wages for business stoppage of up to 1 year N / A

Allowance for severe impacts (More that 10% of income loss or affected by relocation)

All severely APs and relocated households.

One severe impact allowance of one cash contribution equal to 6 month’s official minimum salary

54 APs

Relocation allowance

All relocated APs

Provision of sufficient allowance to cover transport expenses and basic livelihood expenses for the transitional period

N / A

Communal/ Public assets

Rehabilitation/substitution in kind or cash at replacement cost of affected items and rehabilitation of their functions

12 AEs

Vulnerable APs APs below poverty line, households headed by women

Employment priority in Project-related jobs To be followed

Cash contribution equal to 2 month’s official minimum salary. 67 APs

7 RECOMMENDATIONS 42. Design of the project road have been completed by contractor and based on approved design impact assessment and implementation of LARP is undertaken. However there are some other project road structures that need to be designed separately that would cause additional impact on communities members assets. These structures are community access roads, T-intersections, culverts and underpasses that still waiting for design and approval. These would delay LAR process followed by delays on construction activities. It is recommended to finalize remaining structures designs and submit for approval at its earliest in order to avoid delays in the project implementation. 43. A pre-construction survey on property condition should be conducted to record with photos all buildings and structures within the area that could be affected by vibration and other impacts of heavy machinery would assist in exploring volume of damages caused by construction works and resolving of compensation claims arising from communities. 44. Special benefits should be given to local APs who lost their income sources during construction work. Locally available skilled and unskilled labor should be employed, especially those whose income source was affected and wish to work for the project.

Project: CAREC Corridor 3 (Dushanbe Uzbekistan border) Improvement Project

Funded by: Asian Development Bank

Implementer: Ministry of Transport, Republic of Tajikistan

Grant No: 0245

EXTERNAL MONITORING OF LAND ACQUISITION AND RESETTLEMENT IMPLEMENTATION

Project section ___ Road Segment ___

Road Kilometer ____ Road side Right Left

Head of household's Name ___________________________

Ownership Male / Female headed F / M

Address village__________, jamoat _________________, district ________________

Did you receive compensation for your affected assets?

Yes / No

Were your damaged assets enumerated realistically?

Yes / No

If No, give details.

Was there any deduction from the approved payment?

Yes / No

If Yes, what %:

Type of ownership (Please mark)

Affected Cultivated Land

Annual Crops Orchard Vineyard Presidential land

Area m2 Individual Dehkan Farm

Compensation received (TJS)

Collective Dehkan Farm

Affected Fruit Trees Number of Trees

Compensation received (TJS)

Self assessment of the impact on agriculture lands and fruit trees

Serious

Moderate

Minor

Appendix 2: Individual APs assessment questionnaire

Affected Residential and commercial land / Measurements AxB

Area m2

Compensation received (TJS)

Residential

Commercial

Affected Buildings, Shops, Sheds and Outbuildings

Type of buildings

Number

Measurements axbxc

Area m² Compensation received (TJS)

Buildings (type1) multi- storey

Buildings (type 2)single floor cement

Buildings (type 3)single floor burnt bricks

Buildings (type 4) single floor mud bricks

Buildings (type 5)single floor mud walls

Sheds

Outbuildings (toilets, barns)

Affected Walls and Fences

Walls type

Measurements axbxc

Volume m3 Compensation received (TJS)

Fences type Area m² Compensation received (TJS)

Self assessment of the impact on buildings and structures

Serious

Moderate

Minor

Household's income sources with the level of importance from 1(low) to 5(high)

Major Economic Activities / Put number according to the level of importance

Agriculture Agricultural labor

Small enterprise

Government Business and trading

Transport/taxi Daily Wage

Have your income source been affected by the resettlement?

Yes / No If Yes, How?

Are you aware of your own compensation entitlements? Yes / No

If No, what did you do? Агар Не, барои фахмидан чи кор кардед?

Were compensation payments sufficient to replace lost assets? Yes / No

If No, than what did you do? Did you know where to complain and what was the result of your complaint?

Are you satisfied with the resettlement process? Yes / No

Explain why:

Were you invited in any meeting / consultations regarding the Resettlement? Yes / No

Tell about topics discussed:

If you had any concern, did you get enough information and were you agree with the arguments provided to you?

Are you planning to demolish walls, structures and clean the land? Yes / No

If Yes, When and how?

If No, Why?

Affected Person's signature Sign:

Name of Interviewer:

Sign:

Date of visit ____/_____/201_

Appendix 3

List of APs with type and volumes of impacts ratified by the local districts agricultural departments, land committees, heads of jamoats and land committee’s representative within jamoats

Appendix 4: Information Pamphlet

Dushanbe-Uzbekistan Border Road Project (Funded by the Asian Development Bank) Executing Agency: Ministry of Transport (i) Project Description

1. The Republic of Tajikistan is implementing the CAREC Corridor 3 (Dushanbe–Uzbekistan border) Improvement Project under a grant from the Asian Development Bank (ADB) The civil works funded under the Project comprise the upgrading of the existing road section from West Gate to Tursunzade to a 4-lane road including road widening, minor realignment and improvements, upgrading the existing 2-lane Tursunzade to the Uzbekistan border and improvement of facilities at Dusti Border Post. The project aims to improve connectivity and mobility along this road section to facilitate trade and development in Tajikistan and in the region.

2. The Project road is divided into 4 sections. Section 1 (Avicenna-West Gate) involves the rehabilitation of the existing road and structures. This stretch does not require any widening or additional Right of Way (RoW) hence will not entail any land acquisition and resettlement. Widening will take place for Section 2 (West Gate-Gissar Junction), Section 3 (Gissar Junction-Shakhrinav) and Section 4 (Shakhrinav- Tursunzade), this will require additional land acquisition and resettlement. Section 5 (Tursunzade-Uzbekistan border) will comprise rehabilitation and improvement of the existing two lane road, and requires land acquisition and resettlement at certain points. The summary details of various road sections are described in table A1.1. Table-A1.1: Summary Details of Various Sections Particulars Section-1 Section-2 Section-3 Section-4 Section-5

Section Avicenna monument to West Gate -

West Gate to Gissar Junction

Gissar Junction to Shakhrinav

Shakhrinav to Tursunzade

Tursunzade to Uzbekistan border

Length 4.56 km 13.9 km 20.7 km 10.6 km 11.7 km

Construction type

(rehabilitation) (four-lane) (four-lane) (four-lane) (two-lane - reconstruction)

Rayon name 1.Dushanbe 2.Rudak

1. Rudaki 2.Gissar

1. Gissar 2.Shakhrinav

1.Tursunzade

1.Tursunzade

Jamoats name 1.Choryakkoron

1. Choryakkoron 2.Khonaqo

1.Navobod 2.MirzoRizo 3.Dehqonobod 4.Chuzi 5.Sabo 6.Selbur 7.Shakhrinav

1.Qaratogh 2.Seshanbe

1. Gharav 2. Navobod 3. 1

st May

(ii) Principles for Compensation of the Affected Families

Principles for the compensation/rehabilitation of families affected by this Project are:

Involuntary resettlement is to be avoided, if unavoidable, minimized with all viable options.

The AHs should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the Project.

The AHs should be fully informed/consulted in resettlement and compensation options.

Local socio/cultural institutions should be supported / used to the greater extent possible.

Lack of formal legal land title should not be a bar to compensation or rehabilitation.

Compensation will be provided to the AHs at full replacement cost of the affected assets free of deductions for salvaged materials, depreciation or fees/taxes.

Particular attention should be paid to AHs headed by women and other vulnerable groups, and appropriate assistance provided to help them improve their status.

Land/other compensation/rehabilitation provisions will equally apply to women and men.

Land acquisition and resettlement will be conceived and executed as an integral part of the Project and related budgets will be included in Project costs.

Compensation will be fully provided prior to ground leveling and demolition.

(iii) Land Acquisition and Resettlement for the Project

3. Following the Project schedule, the Land Acquisition and Resettlement Plan (LARP) for the Project is also being implemented in two phases. Note that civil works will only be allowed to start in road sections where LARP has been fully implemented.

Phase 1 LARP

4. The LARP for phase 1 (LARP 1) was endorsed by the government on 31 Mary 2011. Implementation started in June 2011. The compensation program is handled by the Ministry of Transport Project Implementation Unit (PIU) in close coordination with the jamoats and hukumats with administrative responsibilities in the affected road sections. An External Monitoring Agency (EMA) has monitored implementations. The ADB National Resettlement Specialist/Consultant based at the ADB Tajikistan resident mission also observes the compensation payment process in the field. LARP 1 was completed in September 2011. After the compliance report and review of the implementation of the LARP 1, contractor was mobilized to commence civil works at road sections covered by LARP 1. Civil works started in March 2012.

Phase 2 LARP

5. LARP for Phase 2 (LARP 2) of the project covers remaining segments of the road where Project road design was finalized in March. LARP 2 is based on the final measurements conducted in the period Octover 2012 to March 2013. The measurements were taken with reference to the fixed road alignments (road centerline and offsets). The LAR survey team comprised of PMC resettlement specialist, PIU RR resettlement specialist, two social assistants, a local engineer, a surveyor and additional field support staff provided by hukumats. Representatives of the responsible hukumats, Inter-district Bureau for Technical Directory (MBTI) and representatives of the Land Committees and the State Committee on Investment and State Property Management of the Republic of Tajikistan worked together with the LAR team. 6. To compensate and/or rehabilitate losses the provisions of relevant Tajikistan laws and of the Asian Development Bank (ADB) Policy on Involuntary Resettlement is being adopted. This has included the preparation of a Land Acquisition and Resettlement Plan (LARP) providing data on impacts and affected families and indicating in detail how the impacts will be compensated or rehabilitated. The LARP in Russian will be available for perusal to anyone interested both at the local and at Dushanbe offices of MT. 7. This Leaflet summarizes the LARP provisions and is provided to all the families whose land, houses, trees, crops or other assets and incomes are affected by this Project. The objective is to inform them of the compensation and rehabilitation policy included in the LARP and of a few basic modalities of implementation of the Compensation and Rehabilitation

(iv) Compensation Policy

All families residing in affected areas, holding affected assets or incomes before the eligibility cut-off date, to be the final day of the impacts survey will be entitled to compensation for their losses, as per Table A1-3 below.

Table A1-2: Compensation Entitlements Matrix

Assets Affected Persons Entitlements

Agricultural land: All losses irrespective of impact severity

Individual land-use rights holder

An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected annual crops land at market rate or to 1 year of gross income of affected fruit trees land at market rates.

Cooperative land holder

An allowance for loss of land use rights in cash equal to 5 years of the gross income of the affected land at market rate

Residential/ commercial land

Residential rights holder

Provision of alternative land (600 sq. meter) or rehabilitation cash allowance for loss of land use rights equal to the current land lease rates multiplied by 25 years ($2.5 per m

2)

Houses and structures

All relevant APs.

Cash compensation at replacement rate for affected structure/other fixed assets free of salvageable materials and transaction costs. All buildings will be compensated in their entirety

House/building rent

Renter/leaseholder Rental allowance in the form of 1 to 3 months rent in cash

Income from crops

All APs Crop compensation in cash equal to 1 year of the gross income of affected land at market rate. This shall apply whether the land is fallow, or under cultivation.

Income from trees All APs Cash compensation for productive trees based on the net annual harvest from the tree(s) for the number of years taken for replacement tree(s) to reach comparable production

Business or employment loss; temporary or permanent

All APs (including informal settlers)

Business Owner: Cash compensation for lost income up to 1 year’ (if income is permanent) or cash compensation for the period of business interruption (if the loss is temporary). The compensation is assessed at actual income as per tax declaration or if taxes have not been paid at the average monthly wage equal to 442 TJS.month.

Permanent worker/employers

Indemnity for lost wages for business stoppage of up to 1 year

Allowance for severe impacts (More that 10% of income loss or affected by relocation)

All severely APs

One severe impact allowance equal to the gross market value of the harvest from the affected land for 1 year (inclusive of winter and summer crop), or one cash contribution equal to 6 month’s official average wage equal to 442 TJS (as per data provided by state statistical committee at www.stat.tj ). Whichever is the higher value would be applied.

Relocation allowance

All relocated APs Provision of sufficient allowance to cover transport expenses and basic livelihood expenses for the transitional period

Communal/ Public assets

Rehabilitation/substitution in kind or cash at replacement cost of affected items and rehabilitation of their functions

Vulnerable APs APs below poverty line, households headed by women

Employment priority in Project-related jobs

Cash contribution equal to 2 month’s official average monthly wage, equal to 442 TJS.

(v) Type of Loss Basis of Rate Determination The rate is determined for each individual property, based on the productivity of the

affected land. The following formula is applied: (a) Loss of agricultural land = yield per m2 x area affected x gross market value of the crop

x 5 years (b) Loss of Residential or Commercial Land = current land lease rate multiplied by 25

years.

(c) Structures (including houses, outbuildings, sheds, barns, driveways, pumps, ovens and fountains) = individually assessed by engineers and assessors from the State Committee on Investment and State Property Management of the Republic of Tajikistan

(d) Businesses = annual income based on tax records, or in the absence of tax records, by applying an average monthly wage equal to 442 TJS (as per data provided by state statistical committee at www.stat.tj / average monthly wage of 2011 the latest update).

(e) Allowance for Severely Affected Households equal to a rehabilitation allowance of TJS 2652 TJS (equal to six months’ average salary)

(f) Allowance for Households to be Relocated = transportation allowance of TJS 500, and an assistance allowance of TJS 1326 (equal to three months’ minimum salary)

(g) Allowance for Vulnerable Households = allowance of TJS 884 (equal to two months’ average salary)

(vi) Grievance Mechanism - Resettlement Period The affected persons have the right to file complaints and/or queries on any aspect of land acquisition compensation and resettlement. To ensure that grievances are properly addressed, a grievance redress mechanism has been established: Step 1: Complaints can be lodged at the MOTC district offices/field level where resolution will be attempted with the involvement of Hukumat and Jamoat officers as the representatives of the affected households. A standard grievance registration form was prepared and given for comments and perusal to Hukumats and Jamoats officials. Each complaint must be registered, signed by the affected person and the Grievance Redress Committee representative, and the receipt of received complaint given to the affected person. The set period for complaint resolution is 30 calendar days. Step 2: If during the 30 days period the grievance was not resolved, the affected person (or her/his representative if chosen) should lodge the complaint to the Resettlement Working Group Committee at the Project Implementation Unit. The Resettlement Working group Committee has 14 calendar days to try to resolve the issue. Step 3: If no solution is reached within 14 days, the affected person can submit her/his case to the appropriate court of law. One Grievance Redress Committee (GRC) will be established at the rayon level to resolve complaints and grievances informally. The GRC will consist of representative from MOT, the local hukumat, APs, women APs (if any), and appropriate local NGOs. The GRC decisions will be made by majority of the members and will be publicized among the local communities. If the complainants are not satisfied with the GRC decisions, they can always file their cases in court. Contact Details for Inquiry

Eraj Mirzoev Resettlement specialist, Project Implementation Unit Address: 14 Ayni street, Dushanbe, Republic of Tajikistan Telephone number: +992 90 555 60 60 E-mail: piurr@tojikiston.com

Rangina Nazrieva Resettlement specialist ADB resident office in Tajikistan Address: 107 Nozim Hikmat street, Dushanbe Republic of Tajikistan Telephone number: +992 372 210558

Appendix 5

List of People contacted and interviewed

Appendix 6

Local Authorities’ Letters to MOT on

Provision of Fund for Payments including duly authenticated list of APs

Appendix 7

Copies of Payment Receipts and

Statement Receipt written by each AP