World Bank Document€¦ · 6/2/2019 · 1.4.2 Scope of the Assignment ... 101 7.2.9 (i): Environment and Social Monitoring Plan Template ..... 103 7.2.10 (j ... CTU Cadastral Territorial

Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Environmental Management Framework – Final Report February 2019

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GOVERNMENT OF THE ISLAMIC REPUBLIC OF AFGHANISTAN

MINISTRY OF URBAN DEVELOPMENT AND LAND (MUDL)

Afghanistan Land Administration System Project (ALASP) The World Bank assisted

(P164762)

Environmental Management Framework Final Report

February 2019

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Table of Contents

List of Acronyms ................................................................................................................. 6

Executive Summary ............................................................................................................ 9

1. Introduction.................................................................................................................... 16

1.1 Background .............................................................................................................. 16

1.1.1 Land Issues ..................................................................................................... 16

1.2 Project Description .................................................................................................. 16

1.2.1 Project Development Objective(s) ............................................................... 17

1.2.2 Project Components ...................................................................................... 17

1.3 Cross Cutting Activities ......................................................................................... 18

1.3.1 Project Area ......................................................................................................... 20

1.3.2 Project Beneficiaries ........................................................................................... 20

1.4 Environmental Management Framework (EMF) ............................................... 20

1.4.1 EMF Purpose and Objective .............................................................................. 21

1.4.2 Scope of the Assignment ................................................................................... 21

1.4.3 Approach and Methodology ............................................................................ 21

2. Environmental Baseline ................................................................................................ 22

2.1 Profile of the Country ............................................................................................. 22

2.2 Geographic ............................................................................................................... 22

2.3 Forests and Rangelands .......................................................................................... 24

2.4 Climate ...................................................................................................................... 25

2.5 Geology ..................................................................................................................... 25

2.6 Soils ........................................................................................................................... 26

2.7 Rivers and Lakes ..................................................................................................... 26

2.8 Hydrology ................................................................................................................ 29

2.8.1 Water Management ............................................................................................ 30

2.9 Air Quality ............................................................................................................... 30

2.10 Flora ...................................................................................................................... 30

2.11 Fauna .................................................................................................................... 32

2.12 Fisheries ............................................................................................................... 33

2.13 Protected Areas ................................................................................................... 33

2.14 Socio-Economic Characteristic ......................................................................... 34

2.14.1 Population: Urban Rural and Nomadic Distribution .................................... 34

2.14.2 Sex Ratio ............................................................................................................... 34

2.14.3 Household Size ................................................................................................... 34

2.14.4 Age Distribution ................................................................................................. 35

2.14.5 Female Headed Households ............................................................................. 35

2.14.6 Life Expectancy and Mortality ......................................................................... 36

2.14.7 Education ............................................................................................................. 36

2.14.8 Literacy ................................................................................................................. 37

2.14.9 Gender Equality .................................................................................................. 37

2.14.10 Housing Tenure ............................................................................................. 38

2.14.11 Occupations .................................................................................................... 38

2.14.12 Employment Sectors ...................................................................................... 39


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2.14.13 Mobile Telephones ......................................................................................... 39

2.14.14 Farming ........................................................................................................... 39

2.14.15 Land Holding Size ......................................................................................... 40

2.14.16 Farming Costs................................................................................................. 40

2.14.17 Livestock ......................................................................................................... 40

2.14.18 Poverty Incidence .......................................................................................... 41

3. Legal and Policy Framework ....................................................................................... 42

3.1 Introduction ............................................................................................................. 42

3.2 Laws and Policies of Afghanistan ......................................................................... 42

3.2.1 The Constitution of Afghanistan (2004) .......................................................... 42

3.2.2 The Law on the Preservation of Afghanistan’s Historical and Cultural Artifacts (2004) ................................................................................................................... 43

3.2.3 The Environment Law of Afghanistan (2007) ................................................ 43

3.2.4 The Labor Law (2007) ........................................................................................ 44

3.2.5 National Environmental Impact Assessment Policy (2007) ......................... 44

3.2.6 Administrative Guidelines for the Preparation of EIAs (2008) ................... 45

3.2.7 Law on Land Expropriation (2009) .................................................................. 46

3.2.8 Sub National Governance Policy (SNGP) (2010) .......................................... 46

3.2.9 National Policy on IDPs in Afghanistan (2013) .............................................. 46

3.2.10 Access to Information Law (2014) .................................................................... 47

3.2.11 National Regulations for ESIAs (2008) and (2017) ......................................... 47

3.2.12 National Land Policy (2018) .............................................................................. 48

3.2.13 Policy Framework for Returnees and IDPs (2017) ......................................... 49

3.2.14 The Law on Land Acquisition (2017) ............................................................... 49

3.2.15 The Land Management Law (2017) ................................................................. 49

3.2.16 Law on Prohibition and Prevention of Harassment of Women and Children (2018) .................................................................................................................. 49

3.2.17 Protection of Property Rights ........................................................................... 50

3.2.18 Afghanistan’s Gender Strategy ........................................................................ 50

3.2.19 National Laws and Policies on Disability ....................................................... 50

3.3 World Bank Safeguard Policies Triggered .......................................................... 51

3.3.1 Environmental Assessment (OP/BP 4.01) ...................................................... 51

3.3.2 World Bank ESA Screening Categories ........................................................... 52

4. Impact Assessment – Surveys and Consultations .................................................... 54

4.1 Land Use ................................................................................................................... 54

4.1.1 Categories of Land ............................................................................................. 54

4.1.2 Land Rights ......................................................................................................... 54

4.1.3 Tenure Types ....................................................................................................... 55

4.2 Stakeholder Engagement - Consultations ........................................................... 56

4.2.1 Observations/ Suggestions/ Expectations from FGDs and KIIs ................ 56

4.2.2 Summary of discussions with MUDL and NEPA ......................................... 58

4.2.3 Public Consultation and Disclosure Workshop ............................................. 59

5. Project Impacts and Risks ............................................................................................ 61

5.1 Impacts due to Project Interventions .................................................................... 61

5.2 Project Risks and Mitigation Measures ................................................................ 65


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5.3 Summary of Potential Impacts and Risks ............................................................ 65

6. Environmental Management Framework ................................................................. 67

6.1 Introduction ............................................................................................................. 67

6.2 Environmental Management Plan ........................................................................ 67

6.3 Grievance Redress Mechanism (GRM) ................................................................ 70

6.3.1 Objective of the GRM .................................................................................... 70

6.3.2 Grievance Redress Committee (GRC) ........................................................ 71

6.3.3 Project Grievance Redress Committee (PGRC) ......................................... 71

6.3.4 Documentation of the GRM Processes ....................................................... 72

6.3.5 Other Options ................................................................................................. 73

6.3.6 Legal Options to PAFs .................................................................................. 73

6.3.7 Grievance Redress Service of The World Bank ......................................... 73

6.4 Implementation Arrangements ............................................................................. 73

6.5 Monitoring ............................................................................................................... 74

6.5.1 EMF supervision ............................................................................................ 74

6.5.2 Environmental Indicators ............................................................................. 75

6.5.3 Half-Yearly Independent External Third Party MEAL (IETP MEAL) ... 75

6.5.4 Monitoring Plan ............................................................................................. 75

6.6 Capacity Building Strategy .................................................................................... 76

6.6.1 Objectives ........................................................................................................ 77

6.6.2 Approach ........................................................................................................ 77

6.6.3 Training Providers ......................................................................................... 77

6.6.4 Details of Training Programs ....................................................................... 77

6.6.5 T1. Orientation/ Learning Training Programs .......................................... 77

6.6.6 T2. Training on the EMF and Management Plans .................................... 78

6.6.7 T3. Training on Environmental Management ........................................... 78

6.6.8 Training Budget ............................................................................................. 79

6.7 Budget ....................................................................................................................... 79

6.8 Means of Disclosure ................................................................................................ 80

7. Annexures....................................................................................................................... 81

7.1 Annex 1: Public Consultation and Disclosure Workshop ................................. 81

7.2 Annex 2: Screening, Checklists, Communications /Public Awareness for ALASP Sub projects .......................................................................................................... 88

7.2.1 (a): Exclusion Criteria .................................................................................... 89

7.2.2 (b): Chance Find Procedures ........................................................................ 90

7.2.3 (c): Environmental & Social Checklist for Screening of Subprojects ...... 92

7.2.4 (d) : Public Awareness .................................................................................. 94

7.2.5 (e): Outputs of Transect Walk ...................................................................... 95

7.2.6 (f): Environmental and Social Management Plans .................................... 96

7.2.7 (g): Indicative Environmental and Social Management Plan .................. 97

7.2.8 (h): Environmental Mitigation approaches and their coverage ............ 101

7.2.9 (i): Environment and Social Monitoring Plan Template ........................ 103

7.2.10 (j) Environmental and Social Guidelines for Contractors ...................... 104


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List of Tables

Table 1: Community Observations/ Suggestions/ Expectations of Respondents .................... 56

Table 2: Likely Environmental Impacts due to Project Interventions ................................... 61

Table 3: Project Risks and Mitigation Measures ..................................................................... 65

Table 4: Environmental Management Plan .............................................................................. 67 Table 5: Grievance Redressal Mechanism ............................................................................... 72 Table 6: Implementation Arrangements ................................................................................... 74 Table 7: Monitoring Indicators ................................................................................................ 76 Table 8: List of Training Programs .......................................................................................... 78

Table 9: Training Budget ......................................................................................................... 79

Table 10: Total administrative budget for environmental management activities ................... 79


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List of Acronyms AFPOS Afghanistan Positioning System

ALASP Afghanistan Land Administration System Project

ALCS Afghanistan Living Conditions Survey

ALPIS Afghanistan Land Pricing Information System

ANDAP Afghanistan National Disability Action Plan

ANPDF Afghanistan National Peace and Development Framework

MUDL Afghanistan Independent Land Authority

ASA Afghanistan Surveyors Association

BCE Before Common Era

BP Bank Policy

CDCs Community Development Councils

CEDAW Convention on the Elimination of all forms of Discrimination against Women CEO Chief Executive Officer

CFA City for All

CHMP Cultural Heritage Management Plan

CoC Certificate of Compliance

CORS Continuously Operating Reference Stations

CSO Central Statistics Organization

CTU Cadastral Territorial Unit

DBMS Database Management System

DLC Developing the Land Code

DMS Document Management System

EHS Environmental Health and Safety

EIA Environmental Impact Assessment

EIS Environmental Impact Statement

EMF Environmental Management Framework

EMP Environmental Management Plan

ESIA Environmental and Social Impact Assessment

ESMF Environmental and Social Management Framework

FAO Food and Agriculture Organization

FAQs Frequently Asked Questions

FGD Focus Group Discussion

GIS Geographic Information System

GoIRA Government of Islamic Republic of Afghanistan

GPS Global Positioning System

GRC Grievance Redress Committee

GRM Grievance Redress Mechanism

GRS Grievance Redress Service

GSM Global System for Mobile Communications

HH Households

ICLA Institute of Cartography and Land Administration

ICT Information and Communications Technologies


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ID Identity Deeds

IDLG Independent Directorate of Local Governance

IDPL Institutional Development Plan for Land Administration

IDPs Internally Displaced Persons

IEC Information Education Communication

IETP Independent External Third Party

IGS International Geodetic Service

ISAF International Security Assistance Force

ISSP Information System Strategic Plan

IT Information Technology

ITRF International Terrestrial Reference Frame

KIIs Key Informant Interviews

LAL Land Acquisition Law

LAP Land Administration Policy

LARA Land Reform in Afghanistan

LGAF Land Governance Assessment Framework

LIS Land Information System

LML Land Management Law

LTERA Land Titling and Economic Restructuring Activity

M&E Monitoring & Evaluation

MEAL Monitoring Evaluation Audit and Learning

MIS Management Information System

MMR Maternal Mortality Ratio

MTR Mid-Term Review

NEET Not in Education, Employment and Training

NEPA National Environmental Protection Agency

NGOs Non Governmental Organizations

NLC National Land Code

NLP National Land Policy

NRVA National Risk and Vulnerability Assessment

NSDI National Spatial Data Infrastructure

OC Occupancy Certificates

OP Operational Policy

PAFs Project Affected Families

PDO Project Development Objective

PGRC Project Grievance Redress Committee

PIU Project Implementation Unit

PMU Project Management Unit

QA Quality Assurance

QC Quality Control

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

RTK Real Time Kinematic


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SA Social Assessment

SDLC System Development Life Cycle

SIA Social Impact Assessment

SMF Social Management Framework

SMP Social Management Plan

SNGP Sub National Governance Policy

SOA Service Oriented Software Architecture

SOPs Standard Operation Procedures

TA Technical Assistance

TD Title Deeds

TIKA Turkish International Cooperation and Development Agency

TKGM Turkish Land Administration Agency

TV Television

UN United Nations

UNDESA United Nations Department of Economic and Social Affairs

USAID United States Agency for International Development

USD United States Dollar

VGGT Voluntary Guidelines on the responsible Governance of Tenure of Land

WB World Bank


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Executive Summary Background The Afghanistan land sector is plagued by a multitude of problems linked to weak governance, corruption and lack of capacity. There are competing claims to land, widespread conflicts, resultant landlessness and poverty. Other issues are limited availability of undisputed farmland, difficulties in accessing grazing lands and many disputes over pasture lands. These issues are exacerbated by conflicting land ownership systems, insecure land tenure and registration, weak land governance environment and uncertain and incomplete legal frameworks. Further, formal and informal dispute resolution mechanisms coexist with inadequate resolution of conflicts over land. Project Description The Afghanistan Land Administration Systems Project is being prepared by the Ministry of Urban Development and Land (MUDL) with support from The World Bank. The Development Objective of the project is (a) to support the development of the Afghanistan land administration system; and (b) to provide the population in selected areas with improved land registration services, including issuance of Title Deeds (TD) and Occupancy Certificates (OC). The Project will comprise three components: (1) Land Policy and Institutional Strengthening; (2) Developing Technological Capacity, Information and Systems for Land Administration; and (3) Project Management, Monitoring and Evaluation. The project will focus on the critical building blocks required to develop a modern land administration system in the country, while allowing implementing agencies to gain experience in land survey, registration and other related activities in Kabul, Herat and six other cities. Building upon the work led by UN Habitat, the project will also support the issuance of land Occupancy Certificates (OCs) and Title Deeds population in Urban Informal Settlements. The transition from deed to title registration will continue as well as the development of national capacity for land survey and valuation. Subsequently, the Land Information System (LIS) would be made fully interoperable with other relevant information systems in the country, leading in time to the eventual establishment of a National Spatial Data Infrastructure (NSDI). Cadastral surveying and land registration will focus on selected urban districts of Kabul and Herat, with an expected target of 100,000 parcels. Issuance of OCs and TDs in informal settlements will focus on 8 cities – Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan, with an expected target of 150,000 parcels. Environment Management Framework The Environment Management Framework (EMF) developed for this project undertakes an assessment of the existing and potential environmental risks and benefits that the project is likely to face during design and implementation and developing a framework for mitigating or avoiding adverse environmental impacts and enhancing environmental benefits emerging from the project.

Legal and Policy Framework The Environmental Law of Afghanistan (2007) lays down a framework for the

improvement of governance and effective environmental management. It stipulates that active involvement of local communities in decision making processes is required for sustainable use, rehabilitation and conservation of biological diversity, forests, land, and


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other natural resources as well as for prevention and control of pollution, conservation and rehabilitation of the environment quality. It states that the affected persons must be given the opportunity to participate in each phase of the project. It requires the proponent of any development project to apply for an environmental permit before implementation by submitting an initial EIA to the National Environmental Protection Agency (NEPA).

The National Environmental Impact Assessment Policy (2007) deals with Environmental Social Impact Assessments (ESIA).

The Administrative Guidelines for the Preparation of Environmental Impact

Assessments (2008) detail the EIA procedures and process, screening, public disclosure, decision making on approval/ rejection etc. The objectives of the guidelines are to (a) assist project proponents on how to meet the regulatory requirements in relation to the ESIA process, including stakeholder consultation and participation; (b) guide project proponents in dealing with NEPA through the various steps of the ESIA process; and (c) explain the roles and responsibilities of the various stakeholders in the process.

The National Regulations for Environmental and Social Impact Assessment (2008)

govern the process for environmental impact assessment. The Regulations apply to (a) Category 1 activities, which are activities likely to have significant adverse effects that are sensitive, diverse or unprecedented, and affect an area broader than the sites or facilities subject to the physical works of the activity; (b) Category 2 activities, which are activities that have potentially significant adverse effects on human environments or environmentally sensitive areas that are less adverse than those in Category 1 and are site specific and in most instances not irreversible; (c) activities that are likely to have a significant adverse impact on an environmentally sensitive area; and (d) any other activity that is likely to have a significant adverse effect on the environment, as determined by NEPA. The Regulation stipulates the requirement of a Certificate of Compliance issued by NEPA for any of these activities.

The World Bank safeguard policy on Environmental Assessment (OP/BP 4.01) is triggered for this project. This OP covers impacts on the natural environment, human health and safety, transboundary and global environmental concerns. It is triggered because activities planned under the proposed project may result in negative impacts mainly related to occupational health and safety and natural environment. The project activities would result in issuance of OCs and eventually Title Deeds. This may result in seeking land use change for productive lands thereby causing downstream environmental and social impacts. ALASP is classified as a Category B project, which may have some significant adverse environmental impacts that are sensitive, diverse, or unprecedented. Accordingly, this Environment Management Framework (EMF) has been developed.

Observations from Stakeholder Engagement Consultations were held with Communities, NEPA and MUDL, where the following issues emerged:

Different types of land are governed by their respective laws which lay down the responsible authority. Article 7 of the Land Management Law covers zoning of lands. There is no specific law or procedure pertaining to land categorization. NEPA has regulations for protected areas, wetlands, national parks, cultural heritage sites, sensitive areas, natural habitats (the information can be found in Afghanistan Environment Law).


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In accordance with presidential Decree No. 4252, it is strictly prohibited to use green spaces, parks, forests etc. for any infrastructure work, industrial, or any other public use which may lead to land degradation and environmental pollution. The responsibility for implementation is with MAIL, MUDL, IDLG and central and provincial municipalities.

As per Article 108 of the Land Management Law, infrastructure projects, roads, buildings and any other non-agricultural works are not allowed in agricultural lands, but in case of necessity ministries and municipalities are required to obtain the agreement of MUDL and approval of H.E. the President.

Land can be converted from one category to another category depending on the nature of the land. If the land is residential, urban, rural or commercial, then the Cabinet of Ministers is required to approve the conversion in accordance with the master plans of the municipalities and cities and thereafter get approval of H.E. the President. Urban green spaces are designated in accordance with the cities’ master plan. Master plans are prepared by MUDL.

If the land is converted to a different category as a result of developmental project, then a detail EIA is required to be carried out in compliance with the EIA regulations.

The key issues which emerged in discussions with communities were as follows:

Boundary Disputes – There are differences in measurement of land and problems arising out of joint walls, joint ownership on account of inheritance, conflicting documents for same piece of land etc.

Land Transactions - legal documents relating to the land need to be checked, all neighbours, CDCs, elders, Imam of the mosque and relatives of the seller witness the transaction. There is an agreement describing that the seller is not responsible for government claims but only for public claims against this land.

Measurement / Survey – Respondents were largely satisfied with the process Issuance of Occupation Certificates – Documents required include any property

document, ID card, electricity bill, and property dealer document Property Rights – The perception is that having a legal document gives people

confidence, such as for undertaking works on the land and avoiding troubles with government agencies. They feel that value of the land, land transactions, investment opportunities will increase. It is also hoped that the document would result in improved municipal services.

Cost of Survey – Respondents highlighted that there is lack of capacity to pay for OCs as well as survey.

A public consultation and disclosure workshop was held on 03 December 2018 at MUDL, Kabul, where various representatives have participated. The key suggestions from the participants include, a) Faster issuance of Occupancy Certificates, b) Joint ownership of properties by both spouses, c) sharing the EMF, SMF and RPF with NEPA, and d) inclusion of rehabilitation to mitigate risks and impacts. Impact Assessment Activity Impacts

Component 1 – Land Policy and Institutional Strengthening:

Development of key land administration laws

Clarity on land issues

Better land dispute resolution


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Financial Sustainability & Policy Development

Possibility of hike in fees

Public Awareness Raising and Citizen Engagement

Awareness creation

Citizen empowerment

Negative impacts may be that the poor, vulnerable and women might be left out of the campaign

Component 2 – Developing Technological Capacity, Information and Systems for Land Administration:

Establishment of the geodetic reference network and base mapping

Provide land security to titleholders

Improves land values

Pave the way for title deeds

Establishment of the Land Information System (LIS)

Ease in obtaining title deeds

Provide long-term benefits for sale, purchase and transfer of land.

Land Registration People in ‘formal areas’ will gain from receiving title to private property

Support towards issuance of Occupancy Certificates

Help in the recognition of user rights of occupiers of state land which is a step towards formalizing the state land under possession.

Negative impacts arise from weak capacity to pay at fair market price that may lead to surrender of area beyond threshold limit; may impact structural safety, in case area needs to be surrendered; may be excluded from the benefits if unable to provide proof of ownership, etc.

Zonal Registry Office Buildings

Potential land requirement

Construction related EHS impacts and risks

Vehicular Pollution

Project Risks and Mitigation / Management Measures Likely Risks Mitigation / Management Measures

The laws / procedures/rules developed under the project may not represent the interests of the poor, vulnerable and women and may be turned to benefit the elite.

Each law/ procedure / rule prepared under this project must go through a process of public consultation after proper disclosure in the public domain, in the local language. Representatives of the poor, vulnerable and women would be separately consulted, at a place and time convenient to them and with sufficient notice. The feedback from the consultation process will be taken into account and the law/ code will be amended suitably or mitigation will be proposed in the law itself. The final version will go through disclosure, consultation, feedback and amendment cycle, till all the objections are sorted out.

The poor, vulnerable groups and women may be excluded from awareness creation and communication activities. Their voice may not be heard. Citizen Engagement may not be effective

A two-way communication strategy (including IEC campaigns, with FAQs, leaflets and brochures) is suggested to incorporate the feedback of poor, vulnerable and women. A Gender Action Plan has also been prepared to check this risk in the planning stage itself. Monitoring indicators developed for the project will track this risk

The project stakeholders may not be

able to understand their roles related

to social issues

A detailed capacity building strategy and budget is being provided to address this risk. The project would deploy community facilitators in the field to create awareness about roles and responsibilities. Monitoring mechanisms developed for the project are to be adapted to track this risk

MUDL capacity issues with regard to

people management and community

awareness creation and

The Environmental Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for Grievances Management and would address this risk. Overall, project implementation strategy addresses this risk by


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communications may affect project

outcomes

facilitating organizational development and capacity building. A detailed capacity building strategy and budget is being provided to address this risk.

Grievances of key stakeholders may

not be addressed properly

A robust Grievance Redressal Mechanism is proposed to be set up to address this risk during planning and implementation. Options to reach The World Bank GRM with regard to grievances is provided to check this risk at all times. The Social Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for Grievances Management to address this risk.

Project information may not reach

the key stakeholders, thus making

them disinterested in participating.

A detailed IEC campaign is proposed before project activities take off to address this risk during design stage itself. The Social Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for social mobilization and awareness creation are proposed to address this risk. Culturally appropriate IEC material aimed at the local communities would be developed

Likelihood of losing property and/or livelihoods as the procedures more specifically related to OC may not take into consideration claimants without document to prove their ownership or may not have the capacity to pay leading to surrender of area and or above the 1000 sqm.

The detailed analysis of adverse impacts and mitigation measures are provided in RPF that provides for replacement cost of asset lost and rehabilitation due to loss of asset.

There is a possibility of hike in MUDL fees (for reasons of financial sustainability) for issuance of certificate, title deeds, surveys, valuation, etc. Most of the poor, vulnerable and women are not in a position to take on these charges.

MUDL will conduct a Capacity To Pay study for such kind of charges/ fees for its services. MUDL will either not charge these poor, vulnerable and women any charges or a bare minimum nominal charge. MUDL will use telescopic tariff model with minimum charges for small residential plots and increasing charges for larger commercial/ industrial plots.

Possibility of land transfer and land use change in order to allot public / state land to industry, business or housing interests. This could have impacts on agricultural production, food security, loss of common property resources, etc.

When any land use change and transfer of land takes place, MUDL will conduct an Environmental and Social Impact Assessments, disclose the same in public domain in local languages and conduct public consultations. Based on these public consultations’ feedback, MUDL will develop Management Plans to mitigate/ mange the impact due to this land use change and implement the same. Land use change can be effected only after successfully implementing the mitigation/ management plans.

Vehicular Pollution MUDL will (a) maintain its vehicles well as per the O&M schedule suggested by the vehicle manufacturer and suppliers, (b) get all its vehicles checked and gets them certified for pollution under control, (c) keeps its vehicles roadworthy, (d) use fuels and oils from approved trust worthy sources, (e) not use spurious fuels that cause pollutions, (f) take care that there are no oil spills, (g) instruct its garage/ workshop personnel collect all oils and grease for recycling, (h) dispose of waste at designated places or handover waste to designated persons for processing, (i) engage trained drivers and technicians for operation and maintenance and (j) obtain third party insurance for all its vehicles and keep it in force always.


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Construction related Impacts Each sub-project will be screened using the screening format given in this EMF. MUDL will prepare a site specific EMP and implement the same. MUDL will include all the EHS risks in the EMP and will follow the World Bank EHS guidelines

Citizen Engagement Strategy Citizen Engagement (CE) will form an integral part of ALASP implementation to enable an effective two-way interaction between citizens and governmental officials. The primary focus will be to ensure that project beneficiaries understand what to expect from this project, so as to gain their trust and confidence during surveying, registration and issuance of OCs. MUDL will set up an Information Center. The proposed Communication Experts at the field level, would act as a communication bridge between citizens and the Municipalities and MUDL. The Communications Strategy will have a mix of mass communications, advocacy (general and targeted), community mobilization and environmental messaging and use tools including mass media, social advertising, direct interaction, and development of platforms and champions, at the local levels. The strategy would aim at a) informing the occupants about the OC program; b) making the occupants aware of the provisions of RRUIP, LML and the EMF; c) creating awareness about the document requirements for granting OCs; and d) creating awareness on the Grievance Redress Mechanism. Grievance Redressal Mechanism MUDL will establish a Grievance Redress Mechanism (GRM) for ALASP, to respond to queries about the project, resolve problems and addressing complaints and grievances. The Grievance Redress Committee will be established at the provincial level under the chairmanship of the Head of MUDL Field Office for redressal of grievances of the stakeholders. The Communications Expert of the MUDL Field Office would be the convener of this Committee. Provincial level heads of related departments (such as heads of municipalities) along with a community representative and a prominent Environmental Worker of the Province would be members. Grievances cannot be kept pending for more than a month. The GRC would be responsible for implementation of the redress with support from the MUDL field office. In case the aggrieved party is not satisfied with the proposed redress measures by the GRC, then the party can approach the MUDL Head Office for redressal. In order to address grievances which are escalated to MUDL Head Office, the Project GRC (PGRC) is formed with the CEO, MUDL as chairman and Environmental Specialist at MUDL Head Office as the convener. The PGRC will also monitor and review the grievances filed at MUDL Field Offices. This committee will include representatives from municipalities, a prominent environmental academician, a prominent woman development professional and representative of a prominent voluntary organization. There is a provision for documentation of GRM processes and the GRM is envisioned as a continuous, transparent and participatory process that would be an integral part of the project’s accountability and governance agenda. Institutional and Implementation Arrangements The Project will be implemented by MUDL through a Project Implementation Unit (PIU). The core team of the PIU will include a Environmental Specialist who would have overall responsibility for environmental safeguards issues and implementation of EMF. MUDL will incorporate the provisions of this EMF as actionable points in the Project Operations Manual or other similar document prepared for the project. The Environmental Specialist will oversee the application of these provisions and guide the process, while at the same time building the


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capacity of the field units. At the provincial level, one Communications Officer would be appointed at each field office for community engagement, communications, grievance redressal, gender etc. Monitoring As part of the supervision plan, all the provinces where ALASP is being implemented will be visited at regular intervals by the Environmental Specialist. Once every year, the MUDL will prepare a report of the environmental safeguards status in the project districts including data and analysis of relevant parameters detailed in the document. The monitoring framework also provides for Independent External Third Party Monitoring Evaluation Audit and Learning (MEAL) consultants appointed by MUDL, who will do half-yearly social monitoring and audit of sub-projects, on a sample basis, for environmental safeguards compliance. Capacity Building Strategy This EMF provides for capacity building for environmental management in MUDL for ALASP staff and participating communities. The objectives of these initiatives are to build and strengthen the capability of MUDL, participating agencies and to integrate sound environmental management into sub-project implementation. The trainings will also build capacity for EMF implementation, including environmental appraisal, preparation and supervision of mitigation plans, community-led environmental monitoring, etc. There would be a training needs assessment. Suitable training resources from among national and international experts would be identified by MUDL. The participants would include key officials of the project, participating agencies and members of community institutions. All the trained staff and master trainers developed for different training components will conduct onsite or offsite trainings (at provincial level). Periodic tracking of learning outcomes would help to institutionalize best practices. Budget The total administrative budget for environmental management activities under the proposed ALASP has been worked out as Afn. 60 Million. The cost of implementing the proposed mitigation measures is not included in this costing. The cost of mitigating environmental impacts need to be included in the respective sub-projects’ budgets. The detailed breakup of the budget is detailed in the document.


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1. Introduction

1.1 Background Afghanistan is facing multiple developmental challenges such as falling economic growth, high incidence of poverty and sharp inequalities apart from Taliban insurgency, narcotics production and weak governance and rule of law. The delivery of basic government services is challenged by corruption and lack of capacity. As in many other countries, Afghanistan’s development depends, to a large extent, on the efficient use of its land resources, both Rural and Urban. Agriculture is particularly important because of its relative resilience to conflict. Improving the functioning of land markets can help bolster both private sector confidence and state legitimacy. Insecure land tenure and registration are a serious drag on investors. 1.1.1 Land Issues There are several land issues; which are mostly linked to weak governance, corruption and lack of capacity, plaguing Afghanistan and throttling its development. Some of these land related issues are listed below:

Competing claims to land Conflicting systems for land ownership Insecure land tenure and registration Land-grabbing Weaknesses in land governance environment Widespread land-related conflicts Land induced conflicts, landlessness and poverty Inadequate resolution of conflicts over access and usage of land Uncertain and incomplete legal frameworks Limited availability of undisputed farmland Difficulties in accessing grazing lands Disputes over pasture lands Formal and informal systems for land dispute resolution Prevalence of customary claims, and communal land rights Difficulties in land allocation to displaced persons and returnees

1.2 Project Description

Land, one of the five elements, is a very important resource, because humans not only live but also perform all economic activities on land. Ownership of Land offers a variety of financial benefits, such as initial investment, potential borrowing power, etc. There's a reason it's called “real” estate.


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Under these circumstances, the present project, Afghanistan Land Administration System Project is being prepared with The World Bank assistance. This project will be implemented by the MUDL. 1.2.1 Project Development Objective(s) The Project Development Objective (PDO) is (a) to support the development of the Afghanistan land administration system; and (b) to provide the population in selected areas with improved land registration services. In the medium to long term, the Project will contribute to the establishment of a modern land administration system that will secure land tenure rights for all citizens and the State, based on an adequate policy, legal, institutional and technological framework that is responsive to the country’s context, needs and aspirations. 1.2.2 Project Components The Project is designed within a programmatic framework, considering the land administration challenges faced by the country. These challenges create the need to build over time a clearer and comprehensive policy and legal enabling framework, institutional and technical capacity, professional knowledge and experience, technology and systems, as well as adequate cadaster and property registry information. Drawing on the overall framework of the IDPL, the project will focus on critical building blocks required to develop a modern land administration system in the country, while allowing MUDL and other relevant stakeholders, including municipalities and local communities, to gain experience in implementing land survey, registration and other land-market-related activities in two of the IDPL’s selected cities, namely Kabul and Herat. Moreover, building upon the work led by UN Habitat, the project will support the issuance of land Occupancy Certificates (OCs) to informal urban population ensuring a systematic approach to land tenure rights. Emphasizing modern technological approaches and global good practices suitable to the Afghan context, subsequent phases would help expand systematic land survey and registration to other urban, and eventually rural areas, as MUDL capacity is strengthened at the provincial level and new land policies and laws are made operational. This would further help decentralize land administration services and build citizens’ trust at the local level. In addition, the transition from deed to title registration will continue as well as the development of national capacity for land survey and valuation. Subsequently, the Land Information System (LIS) would be made fully interoperable with other relevant information systems in the country, leading in time to the eventual establishment of a National Spatial Data Infrastructure (NSDI). The project will cover the following selected areas: (a) the cadastral surveying and land registration will focus on selected urban districts of Kabul and Herat, with an expected target of 100,000 parcels; and (b) issuance of OCs in informal settlements will focus on 8 cities – Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan,


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with an expected target of 150,000 parcels. In the case of OC issuance, the selected areas have been expended to make Project support consistent with the geographical scope under the City for All (CFA) program Project Components 1.3 Cross Cutting Activities Gender: The project will help address some aspects of the gender gap in women’s access to land ownership. A standalone gender assessment was carried out as part of project preparation. The purpose of this assessment was to gain insights and seek guidance on women’s land rights, the barriers they face, and recommendations to help close gaps related to these rights. Importantly, although Sharia law and the Civil Code guarantee comprehensive rights (ownership and inheritance) to land for both men and women, the latter face two constraints regarding these rights: lack of knowledge about such laws and regulations, and strongly embedded male-dominated social norms. For instance, women traditionally rely on their husbands or brothers to take care of them and as a result they are often reluctant to pursue land inheritance claims that would reduce men’s ability to play the role of breadwinner. As studies show, almost all land is registered in the name of the male head of household and less than 2 percent of women own land, most of whom are widows. Accordingly, the Project’s strategy will focus on addressing constraints women face in land registration, including time, cost and bureaucratic and male dominated processes. Under Component 1, MUDL will develop key land administration related policy, laws and procedures, for which a gender expert will be contracted to ensure that women’s rights are adequately reflected. Furthermore, MUDL is committed to closing existing gender disparities by supporting, whenever possible, affirmative actions that are relevant to Component 2. These include, for example, providing a one percent discount on property-related transactions when a property has a female title holder, and waiving any required fee/s on transactions related to land registration for female title owners. MUDL will also ensure that OCs are issued jointly for men and women as required for properties in State land. Moreover, to help promote normative change while improving access to land related services, the project will support (i) a comprehensive public awareness campaigns about women’s land rights in Islam to gradually shift the traditions and customary laws, and (ii) establishment of a special desk at MUDL provincial offices in the selected areas, staffed by women. The desk will help process key transactions such as property/land leasing, renting, and acquisition/registration, including OC issuance. At the institutional level, the project will support MUDL in meeting the new government policy (IARCS) on increasing women’s participation in civil service through training and internships. Citizen Engagement and Grievance Redress Mechanisms: Land in Afghanistan remains one of the main obstacles for development projects and most importantly for the ordinary citizen. Besides weak governance, corruption and lack of capacity, there are other factors such as competing claims to land, conflicting systems of land ownership, land grabbing etc., which further complicate the issue of the ordinary


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citizen’s access to land. MUDL as the responsible institution for land administration is going through strategic reforms to ensure it can deliver on its assigned mandate to a wider range of its stakeholders. It is also beginning to understand the value of citizen engagement (CE) through different platforms including GRM. MUDL’s launching of its new calling center/information center represents a very important step in CE. One of the three functions of the calling center will be a robust and responsive GRM system. The GRM system is currently under development, and it will require further improvement to ensure its functionality, accessibility and responsiveness. However, the strategic vision of MUDL GRM system is promising. The organization has taken into consideration key aspects of complaint handing system, including sustainability by training civil servants to operate the system. MUDL will need to work towards creating a sympathetic culture towards GRM and its role to be recognized as a tool for improving service delivery, and most importantly ensure a systematic approach to further expanding and improving GRM system within the organization. Climate Change and Disaster Risks: The project was screened by the Climate and Disaster Risk Screening Tool at concept stage. The Report revealed that Afghanistan is facing rise in extreme temperatures as well as worsening drought conditions. Project interventions in terms of access to technology and land information systems would significantly reduce impact from climate hazards as it provides a critical service and allows government ministries and agencies generally to access improved information to strengthen their planning, design and implementation in support of better adaptation efforts across government. The incorporation of climate and disaster resilience across the Project activities is therefore critical to enable and facilitate improved and government-owned adaptation in Afghanistan. The following Subcomponents and activities have direct climate change and disaster risk planning co-benefits. Each sub-component plays a key role in the overall strengthening of land administration and management in support of improved risk mitigation and adaptation efforts: (i) Subcomponent 1.1 will ensure that strengthened land policies reflect disaster and climate risk considerations in land surveying and management; (ii) subcomponent 1.2 will include training of MUDL staff on basic principles of climate-induced disaster resilience and the use of available risk information for improved adaptation; (iii) subcomponent 2.2 will support adaptation efforts through the incorporation of the existing disaster risk platform into the new LIS, which will support improved surveying and land registration; and (iv) subcomponent 2.3 will help generate geospatial information at the parcel level that can be used for urban disaster risk assessment and incorporation into urban planning. When land is registered and data on usage and ownership is available, MUDL and other stakeholders will have access to critical information necessary to ensure that land management in general takes into consideration climate-induced risk. Overall, the Government would have access to data and analysis that can inform land management efforts and improve planning, mitigation and adaptation in the medium term.


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1.3.1 Project Area The project will cover the following selected areas: (a) the cadastral surveying and land registration will focus on urban districts of Kabul and Herat. Kabul covers 22 districts with a total population of 4 million people, while Herat covers 12 districts with a total population of 1 million people; and (b) issuance of OCs in informal settlements, building on the survey and validation work carried out by UN Habitat, will focus on 8 cities, Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan. The proposed project would have a national reach in terms of policy and geo-information infrastructure. 1.3.2 Project Beneficiaries The key beneficiaries of the project would be: (i) owners and informal occupants of urban land, who would benefit from improved security of ownership and tenure rights, (ii) Municipalities through the cadastral information generated by the Project, which in the medium term could result in better municipal revenues to pay for services, revenue from increased transactions, and the eventual expected decrease in public expenditures on land conflicts and transactions; and (iii) MUDL and other agencies involved in implementation at national and sub-national level through capacity enhancement. More generally, the Project is expected to benefit the country’s population, including citizens that request titles for investment purposes, through streamlining of the methodologies and procedures, and improvement in land administration services. Afghanistan is among the most disaster-prone countries in the world. The occurrence of natural disasters such as floods, landslides, drought and earthquakes has consistently had a significant impact on people and the economy. Investment in the geodetic infrastructure and cadastral mapping will benefit land surveying for establishing the Cadastre, the users of geospatial information and technologies, the scientific community responsible for earth monitoring and other sectors responsible for disaster planning and response. 1.4 Environmental Management Framework (EMF) The Afghanistan Land Administration System Project, aims to a) put in place efficient land administration systems, b) resolve land related conflicts, c) bring the insecurity of tenures to an end by issuing Occupancy Certificates and Title Deeds, d) put systems in place to redress land related grievances, e) mitigate any other land related adverse impacts. To this end MUDL has initiated preparing an Environment Management Framework, for the project.

The Land Administration Systems to be put in place

have to be environmentally sustainable, socially

acceptable, people-centred and pro-vulnerable to be effective.


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1.4.1 EMF Purpose and Objective The purpose of this is to undertake an assessment of the existing and potential environmental risks and benefits that the project is likely to face during design and implementation. The objective is based on a secondary literature review, and primary data collection, analyzing the policy-legal environment related to environmental aspects of the project, assessing capacities of implementing agencies to manage these environmental risks and benefits and to what extent the state’s systems and processes are geared to address or mitigate these likely risks and enhance positive impacts, develop an Environmental Management Framework for mitigating or avoiding adverse environmental impacts and for enhancing environmental benefits emerging from the project. 1.4.2 Scope of the Assignment The scope of the assignment is summarized in the following eight steps:

1.4.3 Approach and Methodology The approach and methodology used for conducting this assignment is summarized below:

1. Literature Collection and Review 2. Desk Analysis 3. Tools (Household Survey Questionnaire and Community Consultation

Checklist) Preparation and Field Testing – Inception Report 4. Field Surveys - Primary Data Collection 5. Community Consultations through FGDs and KIIs

6. Data and Dialogue Analysis – Secondary Literature Review Report 7. Environmental Management Framework (EMF) – Draft Report 8. Stakeholder Consultation – Revising Report based on Comments and

Suggestions

9. EMF Final Report Submission

Step 1: Scoping of Project related Environmental Issues

Step 2: Environmental Assessment

Step 3: Assessment of Environmental Policy and Regulatory Environment

Step 4: Field Visits and Stakeholder Consultations

Step 5: Analysis of the information collected - Secondary Data Reveiw Report

Step 6: Development of EMF

Step 7: Disclosure of EMF

Step 8: Finalization of the EMF


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2. Environmental Baseline1 2.1 Profile of the Country The Islamic Republic of Afghanistan is a landlocked mountainous country located within South Asia and Central Asia. It lies between latitude 33° 00′ N and longitude 65° 00′ E, and its territory covers 652,000 km2. The country is the 40th largest in the world in size. Kabul is the capital and largest city of Afghanistan, located in the Kabul Province. Strategically located at the crossroads of major trade routes, Afghanistan has attracted a succession of invaders since the sixth century BCE. The Hindu Kush mountains, running northeast to southwest across the country, divide it into three major regions: 1) the Central Highlands, which form part of the Himalayas and account for roughly two thirds of the country's area; 2) the Southwestern Plateau, which accounts for one-fourth of the land; and 3) the smaller Northern Plains area, which contains the country's most fertile soil.

2.2 Geographic

1 Most of the information given in this section is googled from Wikipedia and other such sites on Afghanistan,

customized and used, unless otherwise mentioned specifically.


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The Central Highlands: The central highlands, have an area of about 160,000 square miles. This region of Afghanistan, has deep, narrow valleys, as well as high mountains which have proven to be historically important to the defense of the country. One of the most famous routs to the Indian subcontinent, The Khyber Pass, is located in the mountain ranges of the central highlands. The climate in this part of Afghanistan is usually dry, with temperatures in the summer averaging around 80 degrees Fahrenheit, while the winters are very cold. The soil in this region ranges from desert-steppe, to meadow-steppe types. The Southern Plateau: This region of Afghanistan is made up of high plateaus and sandy deserts. The soil here is very infertile, except along the rivers in the southwest. This desolate region covers about 50,000 square miles, and is crossed by several large rivers including the Helmand. The average altitude of this area, is about 3,000 feet. Kandahar, which lies at an elevation of about 3,500 feet enjoys a dry, yet mild climate. Sand storms are not unusual in the deserts and arid plains of this region. The Northern Plains: This region of Afghanistan, covers about 40,000 square miles of extremely fertile foothills and plains. The Amu river (formerly known as the Oxus) runs through the edge of the foothills. The average elevation is about 2,000 feet. A tremendous amount of the country’s agriculture thrives here. This region also possesses a vast amount of mineral deposits and natural gas. Land elevations generally slope from northeast to southwest, following the general shape of the Hindu Kush massif, from its highest point in the Pamir Mountains near the Chinese border to the lower elevations near the border with Uzbekistan. To the north, west, and southwest there are no mountain barriers to neighboring countries. The northern plains pass almost imperceptibly into the plains of Turkmenistan. In the west and southwest, the plateaus and deserts merge into those of Iran. Afghanistan is located on the Eurasian Tectonic Plate. The Wakhan Corridor and the rest of northeastern Afghanistan, including Kabul, are situated in a geologically active area. Over a dozen earthquakes occurred there during the twentieth century. The Hindu Kush Mountains run from the eastern border with China and Pakistan, extending west across Afghanistan, separating the northern provinces from the rest of the country. Afghanistan’s highest peak is called Noshaq and is 7,492 meters high. The capital city Kabul lies at 1,800 meters above sea level, nested between high mountains that are snow-capped well into spring. The greater part of the northern border and a small section of the border with Pakistan are marked by rivers; the remaining boundary lines are political rather than natural. The northern frontier extends approximately 1,689 km southwestward, from the Pamir Mountains in the northeast to a region of hills and deserts in the west, at the border with Iran. The border with Iran runs generally southward from the Hari River across swamp and desert regions before reaching the northwestern tip of Pakistan. Its southern section crosses the Helmand River.


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Afghanistan is bounded by six different countries; Pakistan in the south and east; Iran in the west; Turkmenistan, Uzbekistan and Tajikistan in the north; and China in the far northeast. Its longest border is the poorly marked Durand Line, accounting for its entire southern and eastern boundary with Pakistan. The shortest one, bordering China's Xinjiang province, is a mere 76 km at the end of the Wakhan Corridor (the Afghan Panhandle), a narrow sliver of land 241 km long that extends eastward between Tajikistan and Pakistan. At its narrowest point it is only 11 km wide. The border with Pakistan runs eastward from Iran through the Chagai Hills and the southern end of the Registan Desert, then northward through mountainous country. It then follows an irregular northeasterly course before reaching the Durand Line, established in 1893. This line continues on through mountainous regions to the Khyber Pass area. Beyond this point it rises to the crest of the Hindu Kush, which it follows eastward to the Pamir Mountains. The Durand Line divides the Pashtun tribes of the region between Afghanistan and Pakistan. Its creation has caused much dissatisfaction among Afghans and has given rise to political tensions between the two countries. 2.3 Forests and Rangelands Afghanistan, a land locked country with arid and semi-arid climatic conditions and the average amount of rainfall is 250 mm per year, heavily depends on the rangelands for livestock feed. Permanent pasture cover around 46% of the total land area i.e. 30 million ha rangeland exist in the country, whereas forestry covers around 3% of total area i.e. around 1.9 million ha. Based on seasons, the rangelands of Afghanistan divided into three categories; the winter (16 million ha); the spring and autumn (16 million ha) and summer (22.5 million) pastures. Rangeland degradation is quite severe and widespread problem in Afghanistan (ESCAP, 1983). Overgrazing is a major cause of rangeland degradation in dry areas leading to desertification (FAO, 1993). The reduced plant cover due to overgrazing accelerates soil erosion resulting in loss of fertile topsoil. It adversely affects the productivity as well as biodiversity of the land, and causes for the spread of invasive species of non-native weeds. The destruction of rangeland vegetation of Afghanistan is not recent, dating back to hundreds of years. In Afghanistan, the vegetation types of rangelands vary from desert to subalpine and alpine types, from Pistacia and Juniperus woodlands to deciduous forest to temperate coniferous forest to riverine forests and steppe to shrub lands. Millions of Afghan rural households, including nomads, depend very heavily on rangeland to survive. Rangeland, however, is legally defined as public land and cannot be privately owned. Families, clans and tribes, as well as nomadic groups use rangeland for feeding livestock, for gathering fuel, as a source of herbs for medicinal and cooking purposes, and a passage ways for moving livestock from one place to another. Rangelands also represent crucial water catchment systems which supply water for valley settlements and farming. The degradation of such lands can lead to erosion and the drops in the levels of aquifers, negatively affecting cultivated agricultural areas and water sources for urban uses. Rangelands have, in fact, been deteriorating in recent decades. Many formerly viable rangelands have become virtually barren wastelands. The degradation of rangelands has been accompanied by the conversion of some areas formerly used


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for pastures into rain-fed agricultural cultivation. This conversion in draught years and in low rainfall areas severely weakens the capability of the land to regenerate a stabilizing plant cover. The Land Management Law of 2000, article 84(1) provides: “pastures are public property, an individual or the State may not own pasturelands, unless otherwise stipulated by sharia.” Sub-article 2 of article 84 elaborates further by stating that pastures shall be kept unoccupied for the purpose of public needs of the villagers (for cattle grazing, graveyard, threshing ground, etc.) Exactly what the term “private” means, however, is not clear. An important phenomenon accompanying this degradation of rangelands is the increase in conflicts among farming and livestock dependent families for a decreasing supply of adequate rangeland. 2.4 Climate The distance from the sea gives Afghanistan a typical inland climate, arid and semiarid steppe with hot summers and cold winters. The lower parts of the country have a semi-arid or desert climate. Along the border with Iran hot, dry, dusty winds are among the most unpleasant features of the summer weather. Temperatures often swing considerably within a single day, as much as from frost at dawn to close to 40°C. Summer is hot everywhere in the country, although the temperatures are less severe at higher altitudes. The remarkable feature of Afghan climate is its extreme range of temperatures within limited periods. The smallest daily range in the north is when the weather is cold; the greatest is when it is hot. For seven months of the year (from May to November) this range exceeds 17 °C daily. Waves of intense cold occur, lasting for several days, and low temperatures may reach −24 °C, rising to a maximum of −8 °C. On the other hand, the summer temperature is exceedingly high, especially in the Oxus regions, where a shade maximum of 45–50 °C is not uncommon. Afghan landscape is breathtaking, but the winter snow makes the mountain roads impassable, often for months at a time. Winter can get very harsh, particularly in the mountain regions. Some areas are isolated from autumn’s first snow fall until the spring thaw has melted the snow again. In the most severe cases, this can mean up to and beyond six months a year. Weather is most volatile during winter and spring and most of the annual precipitation falls at this time. The influence of the Mediterranean Sea reaches all the way to Afghanistan, sending depressions that bring the winter precipitation. The high mountains to the south and east shield Afghanistan from the summer rains brought to India and parts of Pakistan by the southwest monsoon. Almost no rain falls from June to October. Sunshine ranges from six to seven hours a day in winter to as much as twelve to thirteen in summer. Rainfall in Afghanistan is very scarce, and mainly only affects the northern highlands, arriving in March and April. Rainfall in the more arid lowlands is rare, and can be very unpredictable. 2.5 Geology


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Afghanistan, from a geologic perspective, is a complex amalgamation of small tectono- stratigraphic terrains, each with its own unique geologic history. None of these terrains, save may be the northwestern one, can be said to presently be in the place that it originated. Instead, most of Afghanistan was assembled bit-by-bit out of pieces that came from someplace else. Deciphering what constitutes a contiguous terrain or how many there actually are has proven difficult and no consistent pattern has emerged. Leven (1997) presented the most thorough picture to date and his conclusions are summarized. In his view, the only stable terrain in Afghanistan is the one called the Turan plate, which always was part of the Asian continental landmass. All the other terrains have been somehow thrust onto, slid by, or collided with the Southern margin of Asia during a complex series of events that took place since the middle Mesozoic as the Paleo-Tethyan and Tethyan oceans slowly closed up, culminating in the collision of India and Asia. The timing of these events as well as the points of origin and travel- path histories of the various Afghan terrains are all very poorly understood. Afghanistan is located on the Eurasian Tectonic Plate. The Wakhan Corridor and the rest of northeastern Afghanistan, including Kabul, are situated in a geologically active area where earthquakes may occur almost every year. They can be deadly and destructive sometimes, causing landslides in some parts or avalanches during the winter. Over a dozen earthquakes occurred in this region during the twentieth century. 2.6 Soils A study of the Genesis of Afghanistan soils indicate that these are developed predominantly from the influence of climate. Since moisture is low, physical weathering is more pronounced than chemical and soil formation has proceeded rather slowly. Most of the products of weathering are retained within the soil itself. Calcification is the most dominant soil forming process in dry conditions. In areas of low rainfall there is a tendency to evaporation from the surface and replacement from the water table below. The groundwater which is drawn up often contains large amounts of dissolved calcium bicarbonate and on evaporation the calcium carbonate is deposited within the soil-body resulting in an accumulation of this substance. Leaching of the soluble materials from the surface downwards is minimal because of the absence of percolating water. In general, the soils are formed under arid and semi-arid climatic conditions. Textural classes are mostly clay loam to sandy loam. Soil pH and calcium carbonate contents are high. Soil organic matter content ranges from 0.2 to 2.5%. Water holding capacity is low, permeability and infiltration rates are high. Soil salinity is generally not a problem. Soil fertility tests have shown low levels of nitrogen, variable levels of phosphorus and adequate levels of potassium. Micronutrients deficiencies for iron, zinc, copper and boron are common. 2.7 Rivers and Lakes


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The below given is a list of rivers wholly or partly flowing in Afghanistan. They are arranged geographically by river basin. Flowing into Arabian Sea Indus River (Pakistan)

Gomal River Kundar River Zhob River

Kurrum River or Karam River Kabul River

Bara River Kunar River (Kunar Rud)

Peche River Bashgal River

Surkhab Alingar River Panjshir River

Ghorband River Salang River

Logar River Flowing into Sistan Basin Harut River (or Ardaskan River) Farah River Helmand River

Khash River Arghandab River

Dori River Tarnak River Arghistan River

Lora River Musa Qala River Tirin River Kaj River

Flowing into Ab-e Istadeh Lake Ghazni River

Jilga River Flowing into Karakum Desert

Harirud Jam River

Murghab River Kushk River Kashkan River

https://simple.wikipedia.org/w/index.php?title=Kaj_River&action=edit&redlink=1

https://simple.wikipedia.org/w/index.php?title=Harirud&action=edit&redlink=1


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Flowing into Aral Sea Basin Amu Darya

Safid River (no longer reaches the Amu Darya) Balkh River (no longer reaches the Amu Darya) Khulm River (formerly Tashkurgan River) (no longer reaches the Amu Darya) Kunduz River (or Surkhab River)

Khanabad River Andarab Bamiyan River

Kokcha River Anjuman

Panj River Aksu (Bartang) Pamir River Wakhan River

Afghanistan usually does not face much water shortage because it receives snow during winter and once that melts the water runs into numerous rivers, lakes, and streams, but most of its national water flows into neighboring countries. It loses about two-thirds of its water to neighboring Pakistan, Iran, Tajikistan, Uzbekistan and Turkmenistan. The nation's drainage system is essentially landlocked. Most of the rivers and streams end in shallow desert lakes or oases inside or outside the country's boundaries. Nearly half of the state's total area is drained by watercourses south of the Hindu Kush–Safid ridge line, and half of this area is drained by the Helmand and its tributaries alone. The Amu Darya on the northern border, the country's other major river, has the next largest drainage area. The 2,661 km (1,653 mi) long Amu Darya originates in the glaciers of the Pamir Mountains in the northeast. Some 965 km of its upper course constitutes Afghanistan's border with Turkmenistan, Uzbekistan and Tajikistan. Flowing in rapid torrents in its upper course, the Amu Darya becomes calmer below the mouth of the Kokcha, 96 km (60 mi) west of Fayzabad. The Kunduz River is another major tributary. During its flood period the upper course of the Amu Darya, swollen by snow and melting ice, carries along much gravel and large boulders. The Helmand River is the principal river in the southwest, bisecting the entire region. Starting some 80 km (50 mi) west of Kabul in the Baba mountain range, the Helmand is approximately 1,400 km (870 mi) long, making it the longest river situated entirely within Afghanistan. With its many tributaries, the most important of which is the Arghandab River, it drains more than 298 km2 (115 sq mi). The Kabul River, 515 km (320 mi) long, is a vital source of water in the Baba Mountains and for Kabul itself, which it flows through. The Kabul and its tributaries are among the few in Afghanistan that eventually reach the sea, as it flows east into the Indus

https://simple.wikipedia.org/w/index.php?title=Andarab&action=edit&redlink=1

https://simple.wikipedia.org/w/index.php?title=Bartang_River&action=edit&redlink=1


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River in Pakistan. In the west the sandy deserts along most of the Iranian frontier have no watercourses. However, in the northwest, the Hari and Morghab Rivers flow into Turkmenistan's Karakum Desert. 2.8 Hydrology Afghanistan‘s water resources are divided into five major river basins, which comprise 41 watersheds. The major river basins are i) the Amu Darya River Basin, which contributes about 57 percent of the total river flow in Afghanistan; ii) the Northern River Basin; iii) the Harirud Murghab River Basin; iv) the Hilmund River Basin; and v) the Kabul (Indus) River Basin.

In general, the mountains of Afghanistan have always served as a natural storage facility and source of water. In fact, more than 80% of Afghanistan's water resources originate in the Hindu Kush Mountains. The snow accumulates in the winter and melts in the spring. This, along with the melting of the glaciers in the summer feed important rivers like the Amu Darya. The Amu Darya Basin alone holds more than 55% of Afghanistan's water resources. Unfortunately, drought and warming of air temperatures have reduced the size of the glaciers in Afghanistan. Major glaciers in the Pamir and Hindu Kush have considerably shrunk, while smaller ones have been reported to have completely vanished. A severe drought in 2001 further prevented the feeding of the Sistan Wetlands by the Helmand River, and by 2003 satellite images showed that 99% of the Sistan Wetlands were dried up. The Sistan Basin is an inland endorheic basin encompassing large parts of southwestern Afghanistan and minor parts of southeastern Iran, one of the driest regions in the world and an area subjected to prolonged droughts. Its watershed is a system of rivers flowing from the highlands of Afghanistan into freshwater lakes and marshes and then to its ultimate destination: Afghanistan's saline Godzareh depression, part of the extensive Sistan terminal basin. The Helmand River drains the basin's largest watershed, fed mainly by snowmelt from the mountains of Hindu Kush, but other rivers contribute also. As a result, much of the Sistan Basin's natural vegetation has died and an increase in soil erosion has occurred, as well as the spread of sand on to roads, fields and settlements. Waterfowl were also severely affected as the Sistan Wetlands were very important to the birds. In the mid-1970s, there were close to different species of waterfowl that were identified in the area, few to none remain today.

The hydrographic network of Afghanistan, rather dense in mountains, is rare on the plains. All rivers come to an end in closed basins or are lost in sand. Water intake for irrigation and strong evaporation lead to even the large rivers becoming dry in the second half of summer. In general, shortage of water constrains agricultural development to a larger area in the country.

https://en.wikipedia.org/wiki/Endorheic_basin

https://en.wikipedia.org/wiki/Endorheic_basin

https://en.wikipedia.org/wiki/Afghanistan

https://en.wikipedia.org/wiki/Iran

https://en.wikipedia.org/wiki/Drought

https://en.wikipedia.org/wiki/Drainage_basin

https://en.wikipedia.org/wiki/Freshwater

https://en.wikipedia.org/wiki/Lake

https://en.wikipedia.org/wiki/Marsh

https://en.wikipedia.org/wiki/Saline_water

https://en.wikipedia.org/wiki/Godzareh_depression


https://en.wikipedia.org/wiki/Helmand_River


https://en.wikipedia.org/wiki/Snowmelt

https://en.wikipedia.org/wiki/Hindu_Kush


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The primary threat to Afghanistan's water supply is the droughts, which created food shortages for millions in the recent past. The resulting agricultural crises between 1995 and 2001 have driven major migrations from rural to urban areas. In response to drought, deep wells for irrigation have been drilled which decreased the underground water level, further draining groundwater resources, which rely on rain for replenishment. 2.8.1 Water Management The primary threat to Afghanistan's water supply is the droughts, which created food shortages for millions in the recent past. The resulting agricultural crises between 1995 and 2001 have driven major migrations from rural to urban areas. In response to drought, deep wells for irrigation have been drilled which decreased the underground water level, further draining groundwater resources, which rely on rain for replenishment. By 2003, about 99% of the Sistan wetlands were dry, another result of continued drought and lack of water management. The wetlands, an important habitat for breeding and migrant waterfowl including the dalmatian pelican and the marbled teal, have provided water for agricultural irrigation for at least 5,000 years. They are fed by the Helmand River, which ran at 98% below average in drought years 2001-2003. As in other areas of the country, the loss of natural vegetation resulted in soil erosion; here, sandstorms submerged as many as 100 villages by 2003. Some of the major water reservoirs and dams include 1) Dahla Dam, 2) Naghlu Dam, 3) Darunta Dam, 4) Kajaki Dam and 5) Lake Qargha. 2.9 Air Quality Air pollution does not constitute a major problem in most of Afghanistan, but its reliance on inexpensive energy has created some issues. Most vehicles run on diesel fuel and household energy often relies on burning wood and other materials. As a result, air pollution in urban areas is visible and may pose health issues.

Kabul ranks near the top in terms of worldwide rankings of hazardous airborne contaminants. Measured levels in Kabul were worse than in Beijing and even in Lahore, Pakistan, considered by atmospheric scientists to have some of the worst pollution in the world. Kabul sits in a valley at high altitude and pollutants can't disperse quickly. Levels of individual hazardous compounds, such as carbon monoxide, lead, nitrogen oxide and ozone are all significantly above the United States Environmental Protection Agency‘s (USEPA) primary and secondary standards, and levels of particulate matter are more than 100 percent higher than World Health Organization (WHO) recommended levels. 2.10 Flora The characteristic distribution of vegetation on the mountains of Afghanistan is worthy of attention. The great mass of it is confined to the main ranges and their


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immediate offshoots, whilst on the more distant and terminal prolongations it is almost entirely absent; in fact, these are naked rock and stone. Take, for example, the Safed Koh. On the alpine range itself and its immediate branches, at a height of 1,800–3,000 m (5,900–9,800 ft) there is abundant growth of large forest trees, among which conifers are the most noble and prominent, such as Cedrus deodara, Abies excelsa, Pinus longifolia, Pinus pinaster, Stone pine (the edible pine, although this species is probably introduced, since it is original to Spain and Portugal) and the larch. There is also the yew, the hazel, juniper, walnut, wild peach and almond. Growing under the shade of these are several varieties of rose, honeysuckle, currant, gooseberry, hawthorn, rhododendron and a luxuriant herbage, among which the ranunculus family is important for frequency and number of genera. The lemon and wild vine are also here met with, but are more common on the northern mountains. The walnut and oak (evergreen, holly-leaved and kermes) descend to the secondary heights, where they become mixed with alder, ash, khinjak, Arbor-vitae, juniper, with species of Astragalus, &c. Here also are Indigoferae rind dwarf laburnum. Down to 1,000 m (3,300 ft) there are wild olive, species of rock-rose, wild privet, acacias and mimosas, barberry and Zizyphus; and in the eastern ramifications of the chain, Nannerops ritchiana (which is applied to a variety of useful purposes), Bignonia or trumpet flower, sissu, Salvadora persica, verbena, acanthus, varieties of Gesnerae. The lowest terminal ridges, especially towards the west, are, as it has been said, naked in aspect. Their scanty vegetation is almost wholly herbal; shrubs are only occasional; trees almost non-existent. Labiate, composite and umbelliferous plants are most common. Ferns and mosses are almost confined to the higher ranges. In the low brushwood scattered over portions of the dreary plains of the Kandahar tablelands, it is possible to find leguminous thorny plants of the papilionaceous suborder, such as camel-thorn (Hedysarum alhagi), Astragalus in several varieties, spiny rest-harrow (Ononis spinosa), the fibrous roots of which often serve as a tooth-brush; plants of the sub-order Mimosae, as the sensitive mimosa; a plant of the rue family, called by the natives lipad; the common wormwood; also certain orchids, and several species of Salsola. The rue and wormwood are in general use as domestic medicines; the former for rheumatism and neuralgia; the latter in fever, debility and dyspepsia, as well as for a vermifuge. The lipad, owing to its heavy nauseous odour, is believed to keep off evil spirits. In some places, occupying the sides and hollows of ravines, it is found the Rose Bay, called in Persian khar-zarah, or ass-bane, the wild laburnum and various Indigoferae. In cultivated districts the chief trees seen are mulberry, willow, populus ash, and occasionally the plane; but these are because of man's planting. Northern Afghanistan forms part of the center of plant diversity for the mountains of middle Asia. The northern highlands, between 1,000 and 1,500 meters (m) have steppe grass lands and low shrubs. Small areas of coniferous forest grow at high altitude. The woody plants in the mountainous areas comprise sparse wild pistachio (Pistachia),


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almond (Amygdalis) and juniper wood land with tree heights of 4 10 m. Above 3,500 m, only low Alpine flora exists. Over grazing, combined with an increasing population and the corresponding demands for fuel wood over recent decades, have resulted in extensive decline of these woodlands. The grasses, sparse shrubs and trees that form the natural vegetation of the region dry out in summer. The traditional Poplar and Willow hedges are cultivated by farmers in the river plains for subsistence. Herb and grasses are scarce in range land areas where invasive plants like thistles dominate. It should be noted that in the last several decades, 90% of forests in Afghanistan have been destroyed and much of the timber has been exported to neighboring Pakistan2. As a result, large percent of Afghanistan's land could be subject to soil erosion and desertification. On the positive note, Afghanistan administration and international organizations are helping counter this problem by often planting millions of saplings. The city of Kabul began to see maple trees being planted in the last decade. 2.11 Fauna Afghanistan has many species of wild animals. It is estimated that there are 119 species of mammals, 389 species of birds, 2 species of reptiles, and hundreds of species of insects and fish. Some of the endangered species, such as the Markhor (Caprafalconeri), Marco Polo Sheep (Ovisammonpoli), Musk Deer (Moschusmoschiferus), Snow Leopard (Unciauncia) and Siberian Crane (Grusleucogeranus). Animals found in Mountains of Hindu Kush are Leopard (Pantherapardus), Lynx (Felislynx), wolf (Canislupus) and Jackal (Canisaureus). Active hunting occurs in many regions of the country for fur and has caused declines in the numbers of indigenous fauna. The avifauna of dry grass land includes lesser floricans, pipits, sparrows and weavers. Sand grouse and larks are found in most arid deserts, while the cultivated areas are home to drongons, Indian robins, pied bush chats mynas bulbuls tailorbirds, weavers etc. Open deciduous forests are home to minivets, fantails, wood shrikes, bulbuls and sun bird sand white eyes. The coniferous forest provides breeding ground to pheasants, tree creepers, tits, streaked laughing thrushes, with dippers and froktails along the mountain streams. Brandt‘s Mountain Finches survive at altitudes of around 6,000 m in the Hindu Kush.

2 https://en.wikipedia.org/wiki/Geography_of_Afghanistan


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Afghanistan is part of Central Asian Flyway for migratory birds. Many migratory birds from Siberia and Central Asia reach the wetlands of India, Iran or Pakistan via Afghanistan. Numerous species of migratory water fowl and waders seasonally use Afghanistan‘s wetlands of Hamun i Puzak and Hamun i Helmand on the Iranian border; in addition, these species use Ab i Estada and Dashte Nawar for feeding, breeding and rearing their young. These sanctuaries are in south Afghanistan. With very little government capacity to discourage hunting and habitat disappearing because of conflict and drought, much of the country's wildlife is at risk. In 2006, Afghanistan and the Wildlife Conservation Society began a three-year project to protect wildlife and habitats along the Wakhan Corridor and Central Plateau regions. The list of endangered animal species are: Snow Leopard (Uncia uncia), Wild Goat (Capra aegagrus), Markhor (Capra falconeri), Marco Polo Sheep (Ovis ammon polii). Urial (Ovis orientalis), Asiatic Black Bear (Ursus thibetanus), Siberian Crane (Grus leucogeranus).

The critically endangered species are: White-Headed Duck (Oxyura leucocephala), Marbled Teal (Marmaronetta angustirostris), Pallas‘s Sea Eagle (Haliaeetus leucoryphus), Greater Spotted Eagle (Aquilla clanga), Imperial Eagle (Aquilla heliaca), Lesser Kestrel (Falco naumanni), Corncrake (Crex crex), Sociable Lapwing (Vanellus gregaria), Pale-Backed Pigeon (Columba hodgsonii). Little is known about the status of the salamander Batrachuperus mustersi, which is found only in the Hindu Kush. 2.12 Fisheries Fish does not contribute much to the economy of the country and therefore not much attention is paid to them as aquatic resources. No fish species in Afghanistan are classified as endangered. In mountain rivers, available fish species are Brown Trout and Milk Fish, which are basically carp from the family Cyprinidae. Some of the fresh water fishes in Afghanistan are Barbel, Carp, Mahi e Saqan Qul and Mahi Laqa, which is mainly found in the Kunduz River.

2.13 Protected Areas The Protected Areas in Afghanistan are: 1. National Park: Band-e-Amir (IUCN category-II, 41,000 ha, established in 1973) 2. Waterfowl Sanctuaries

2.1. Ab-i-Estada (IUCN category IV, 27,000 ha, established in 1977) 2.2. Dasht-Nawer (IUCN category IV, 7,500 ha, established in 1977) 2.3. Hamun-i-Puzak (IUCN category IV, 35,000 ha, established in 1973)

3. Wildlife Reserves


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3.1. Ajar Valley (IUCN category IV, 40,000 ha, established in 1978) 3.2. Pamir-i-Buzurg Wildlife Reserve (IUCN category IV, 67,938 ha, established

in 1978) 4. Other sites under protection in the country are

4.1. Bamiyan National Heritage Park, Band-eAmir National Park 4.2. Darqad-Nawar Waterfowl Sanctuary 4.3. Darqad (Takhar) Wildlife Managed Reserve 4.4. Hamun-i- Puzak Waterfowl Sanctuary 4.5. Imam Sahib (Kunduz) Wildlife Managed Reserve 4.6. Khulm Landmark Protected Area 4.7. Kole Hashmat Waterfowl Sanctuary 4.8. Northwest Afghanistan Game Managed Reserve 4.9. Nuristan Nature Reserve 4.10. Registan Desert Wildlife Managed Reserve 4.11. Zadran National Reserve

2.14 Socio-Economic Characteristic

2.14.1 Population: Urban Rural and Nomadic Distribution The ALCS 2016-17 (The Afghanistan Living Conditions Scurvy, 2016-17), based on the CSO population estimates, finds a total population of 29.1 million persons, of which 14.8 million males and 14.3 million females. Afghanistan remains a predominantly rural society, with 20.7 million (71.2%) people living in rural areas, 6.9 million (23.8%) people living in urban areas3 while 1.5 million (5.0%) are Kuchis (Afghan nomads). The percentage of the population living in rural areas has decreased somewhat compared to the 2007-08 National Risk and Vulnerability Assessment (NRVA). At that time, 74.3 percent of the population lived in rural areas. Adversely, the percentage of those living in urban areas increased from 19.9 percent to 23.8 percent in 2016. 2.14.2 Sex Ratio The sex ratio measures the balance between the sexes in a population and is calculated as the number of men per 100 women. In Afghanistan, men outnumber women. According to the ALCS 2016-17, the sex ratio was 103.9. It seems that over the years the sex ratios are slightly coming down. In the ALCS 2013-14, the sex ratio was 105.3, which may indicate a better coverage of women during the data collection, as well. In Afghanistan, large differences in sex ratios exist between rural, urban and Kuchi populations. The overall sex ratio is highest among the Kuchi population (107.9 males per 100 females), somewhat lower among people living in rural areas (104.3 males per 100 females) and lowest in urban areas (102.1 males per 100 females). 2.14.3 Household Size

3 Rural and urban concepts defined by CSO, based on administrative criteria.


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The ALCS follows the UN definition of households. A household is defined as group of people, either related or unrelated, who live together as a single unit in the sense that they have common housekeeping arrangements, that is, they share or are supported by a common budget. They live together, pool their money, and eat at least one meal together each day. According to the estimates from the ALCS 2016-17, Afghanistan counted a total of 3.8 million households (regular households only, but not institutional and collective households). Most households can be found in rural areas (2.6 million), which is almost four times as much as urban households (942 thousands). About 191 thousand Kuchi households reside in the country. In general, households are large in Afghanistan. With a population of 29.1 million in 3.8 million households, the average household size equals 7.7 persons. This is slightly more than observed in the ALCS 2013-14, where an average household size of 7.4 persons was observed. Households are slightly larger in rural areas where 7.8 persons per household were counted, against 7.6 in Kuchi households and 7.3 in urban households. 2.14.4 Age Distribution As per ALCS, because of the very high levels of fertility, Afghanistan has a very young age structure: 47.7% of the population is currently younger than 15 years of age.4 This proportion has changed little over the last few years. In 2013-14, 47.5% percent of the population was below 15 versus 48.6% in 2007-08. The proportion of those under 15 for all countries in Asia combined is 24% (UNDESA 2017). On the other hand, the proportion of older persons in Afghanistan is very low. Only 2.7% of the population is currently 65 or older. Because of its young population, the dependency ratio5 is very high in Afghanistan and currently stands at 101.5. By comparison, Afghanistan’s neighboring countries all have dependency ratios that are significantly lower: Iran (40.2), Turkmenistan (47.9), Tajikistan (60.9) and Pakistan (65.3).6 Afghanistan’s high dependency ratio is a serious burden for economic development, as scarce resources have to be spend on the young population’s education, health care and social development. A positive effect on the economy would be created by the higher number of people entering the productive age groups. All other things being equal, this higher number of active people would result in higher levels of per capita income if appropriate economic measures are taken by the government. 2.14.5 Female Headed Households Female headed households are vulnerable with higher levels of poverty and deprivation; coupled with difficult access to land, labour, credit and insurance

4 Annex VI provides detailed age-distribution tables by sex, residence and province. 5 The age dependency ratio is the ratio of dependents – people younger than 15 or older than 64 – to the

workingage population – those aged 15-64. Mostly the dependency ratio is presented per 100 persons in the

working-age population.

6 These dependency ratios are from 2015 and are estimates from the World Bank [http://world-

statistics.org/indexres.php?code=SP.POP.DPND?name=Age%20dependency%20ratio%20(%%20of%20wo

rkingage%20population)#top-result].

http://world-statistics.org/index-res.php?code=SP.POP.DPND?name=Age%20dependency%20ratio%20(%25%20of%20working-age%20population)#top-result







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markets, being discriminated against by cultural norms and suffering from high dependency burdens and economic immobility (Klasen, Lechtenfeld and Povel 2011). In Afghanistan, only 1.2%, or 45 thousand households are headed by women, with a total of 212 thousand people living in female headed households. In a country as much male dominated as Afghanistan, a household is bound to have special characteristics to be headed by a female. The big difference between male and female headmanship is with marital status. The ALCS 2016-17 shows that only 1.2% of male heads are widowed against 78.0% of female headed households and that 58.5% of female headed households do not have a single male member between 15 and 64 years, which leaves little other option in the choice of a head of household. The mean age of male and female heads of households is about the same: 43.0 year for male heads and 43.6 year for female heads. However, large differences exist between the ages according to marital status. Male heads that were widowed are on average 63.8 years old, while female widows are only 46.1 years old. Married and divorced female heads are also significantly younger than their male counterparts: female married and divorced heads are 35.3 and 31.9 years old, against 43.3 and 31.9 years for male heads, respectively. 2.14.6 Life Expectancy and Mortality

In most countries, women often comprise a substantial majority of the older population. For this reason, the sex ratios for older people are generally well below 100 and decrease with age. But, this is definitely not the case in Afghanistan. After age 50, there is a steep increase in the sex ratio. Above age 75, 165.7 men are present per 100 women. Bartlett et al. (2005) estimated that in the period 1999-2002 the maternal mortality ratio (MMR) was between 1,600 and 2,200. In other words, during this period between 1,600 and 2,200 maternal deaths occurred per 100,000 live births. Together with very high levels of fertility, this resulted in life time risks of maternal mortality that were probably almost as high as 15 to 20 percent. Another explanation that may be considered while analyzing sex ratios in Afghanistan is the incidence of a critical gender issue for women in old ages: a general cultural preference, especially in remote areas, is to treat male illnesses more often than female illnesses. This may especially be the case if the household has limited economic resources. It is, however, very difficult to measure such behaviour. 2.14.7 Education The overall net attendance rates for Afghanistan found in the ALCS 2016-17 are 56.1% for primary education, 35.7% for secondary and 9.7% for tertiary. The corresponding gross attendance ratios are 72.7, 48.0 and 14.1 percent, respectively. The information on school attendance suggest that 1.9 million primary school age children and 1.8 million secondary-school age children miss out on education and on the opportunity to learn basic life skills. The school-life expectancy – the total number of years of schooling that a six-year old child can expect to receive – is only 7.8 years. The adult- and youth literacy rates found in the survey are 34.8 and 53.6


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percent, respectively. International comparison indicates that Afghanistan is globally still among the poorest performers in providing adequate education to its population. One of the most important findings of the ALCS is that – apart from the quality of education, the main problem of Afghanistan’s education system is not so much retention and drop out, but first and foremost making a start at school. Residence, gender, disability status and poverty status are factors that invariably differentiate education outcomes, always strongly and often accumulatively impairing the outcomes for girls, rural and Kuchi residents, people with disabilities and the poor. 2.14.8 Literacy The adult literacy rate, referring to the population aged 15 and over, indicates the accumulated achievement of primary education and literacy programmes in providing basic literacy skills to the population, thereby enabling them to apply such skills in daily life and to continue learning and communicating in writing. ALCS indicates very low adult literacy rates for Afghanistan, with 34.8% overall literacy in the population 15 years and over. The complementary illiteracy rate of 65.2% implies that there are around 9.9 million illiterate persons aged 15 and older in Afghanistan, 6.0 million women and 3.9 million men. The absolute gap of 2.1 million people could be interpreted as the number of women who should be made literate to achieve at least equality between the sexes. The adult literacy rate also shows pronounced differences by residence: in the urban population the adult literacy rate (53.6%) is almost twice as high as that in the rural population (28.7%), whereas among the Kuchi adult literacy is as low as 7.5%. 2.14.9 Gender Equality Gender equality and women’s empowerment were made a key dimension in Afghanistan’s development framework. The one gender-equity indicator that is covered by the ALCS is the proportion of women in managerial positions. In 2016-17, this proportion was measured at 4% percent, indicating very low women’s power in decision making in the economy. Without exception, the various gender parity indices7 that are produced by the ALCS show disadvantaged positions and poorer development opportunities for women and girls compared to boys and men. In the field of education, the female adult- and youth literacy rates are, respectively, 0.40 and 0.57 of that of the corresponding male rates. And the female gross attendance rates in primary-, secondary- and tertiary education are, respectively, 0.71, 0.51 and 0.39 of the corresponding male rates. The labour market participation rate of women is 0.33 of that of men and the female unemployment rate, the female youth unemployment rate

7 A gender parity index is calculated as the ratio between the values of a specific indicator for girls/women and

boys/men. An index value ranges between 0 and 2. A value of 1 indicates exact gender equity and the further

from 1 the parity index lies, the greater the gender disparity.


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and the share of female youth not in education, employment or training (NEET) are, respectively 1.55, 1.49 and 1.76 of the levels of the indicators for men. 2.14.10Housing Tenure ALCS reports that the majority of Afghan households own the units where they live (around 87.2% in 2016-17 and 88.9% in 2013-14). The proportion of households who own a dwelling is considerably higher in rural areas than in urban areas (94.2 and 66.9 percent, respectively). The owned dwellings include the categories of inherited units or units provided by the family, purchased dwellings and dwellings constructed by the household. Within the group of households who own their dwelling, it is interesting to observe that the national percentage of inherited or housing units given has slightly decreased, and more so in urban areas, in comparison to the ALCS 2013-14 round, from 50.6% to 48.5%. The percentage of households living in constructed dwellings is higher for the rural population, in comparison with the urban population. Renting has increased and is more common in urban areas, while it is insignificant in rural areas and among Kuchi groups. Households occupying temporary dwellings financed through a mortgage or through other arrangements, are everywhere small, but growing in comparison to ALCS 2013-14. The percentage of purchased dwellings, even if stable at national level, has substantially increased among Kuchis, from 30.8 to 42.8%. Due to the nomadic characteristics of the Kuchis, housing data for this population group would require further analysis and interpretation, which goes beyond the aim of the present report. At provincial level, Kabul presents an interesting characteristic: the percentage of households owning their dwelling is rather below the national average, about 64.9%. Indeed, 27.6% of Kabuli households are renting the units where they live, showing a more ‘modern’ attitude than in other provinces. On the other hand, predominantly rural provinces have in general values above the national average. 2.14.11Occupations In terms of occupational distribution, the share of agricultural workers mirrors the dominance of the agriculture sector. Some 42.6% of employment is in the agricultural sector. These are again evenly distributed between farmers and crop growers (22.0%) and animal producers and keepers (20.6%). Among women, the large majority are either agricultural workers (64.6%; mostly animal producers) or craft and related trades workers (23.6%; mostly handicraft, garment and clothes workers). The share of agricultural occupations is obviously smaller in urban areas (5.0%) and larger in the rural and Kuchi communities (53.2% for both combined). Except for agricultural and elementary occupations (16.0%), no major occupation exceeds 9% in the rural areas. This is very different for urban areas, where service- and sales workers are the largest occupational groups with 25.8% (twice as high as the national figure), followed by craft and related trades workers (19.3%), elementary occupations (also 16.0%) and plant- and machine- operators, and assemblers (10.2%). Low-skilled jobs dominate employment in Afghanistan, with large shares of elementary occupations,


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plant- and machine- assemblers and operators, craft and related trades workers, and agriculture workers. High skilled jobs (technicians and associate professionals, professionals and managers) amount to only a very small percentage (6.1%) of the occupations in Afghanistan. 2.14.12Employment Sectors The economy of Afghanistan is dominated by the agricultural sector. Almost 45% of the employed population – representing 2.8 million people – is engaged in work in the farming or livestock sub-sectors. Employment within this economic sector is evenly distributed between the sub-sectors of farming (23.2% of total employment) and livestock production (21.2%). The service sector places second in terms of job numbers, with 19.7% (1.3 million persons). Main sub-sectors included in the service sector are security services (army and police; 4.0% of total employment), education services (4.0%) and other social services (5.2%). Four other economic sectors are distinguishable in the employment distribution, each covering roughly 6 to 11% of the work force: wholesale and retail trade and restaurants and hotels (mostly retail trade; 10.4% of total employment), construction (mostly construction of buildings; 9.2%), manufacturing (mostly manufacturing of clothes and textiles; 6.5%) and transport, storage, communication and information (almost exclusively land transport; 5.7%). 2.14.13Mobile Telephones Mobile cellular telephones are becoming the predominant method of communication in many countries. Its use is therefore a fundamental indicator of the information society. Mobile cellular subscribers refer to users of such telephones with either post-paid subscriptions or pre-paid accounts. The use of mobile phones in Afghanistan is still low by international standards, even though ALCS 2016-17 data show that 43.4% of the total Afghan population aged 15 years and over use mobile phones for communication or broadband connection. The residence distribution of individuals using a mobile phone shows around 60% in urban areas, 39% in rural areas and 25% among Kuchis. 2.14.14Farming The ALCS 2016-17 confirms that agriculture – encompassing farming and animal husbandry - makes up the backbone of Afghanistan’s economy. Agriculture provides a source of income for 44% of households, and for 28% it is the most important income source in the household. Similarly, it is the main sector of employment for 45% of the working population. Close to 38% of all households in Afghanistan – over 1.4 million households – own any irrigated farm land, while around one in five households – 730 thousand – own the much less productive rain-fed land. Mechanisms of leasing, renting, sharecropping and mortgaging land have the effect of a net transfer of access to farm land from land-owning households to households


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that cultivate the land. These mechanisms result in slightly larger farm areas being managed by farming households. However, poor soil, farming costs and particularly the lack of water enforce households to leave fallow much available farm land. Despite the relatively good farming conditions in the period covered by ALCS 2016-17, 21% of irrigated land and 36% of rain-fed land could not be cultivated. Climate change is likely to further reduce the water supplies available for farming. 2.14.15Land Holding Size A disquieting underlying trend is the decreasing land size of households engaged in irrigation farming. Every successive NRVA/ ALCS survey reported smaller average plot sizes – from 6.7 jeribs in NRVA 2007-08 (1.3 ha.), to 4.9 jeribs (1.0 ha.) in ALCS 2016-17 – and larger proportions of small land holdings. The limited availability of arable land in combination with very high population growth inevitably results in increasing pressure on farm land and fragmentation of land holdings and is a likely contributor to the observed increasing poverty in the country. The large majority of households cultivating irrigated land – 78%, corresponding to around one million households – grew wheat on their land for the spring harvesting season. Maize or sorghum, fodder crops and potatoes were the next most frequently grown crops on irrigated land. The concentration on wheat production is even stronger on rain-fed land, as 92% of the households involved grow this crop. However, the total volume produced is only one third of the volume produced on irrigated land, even though the total area of rain-fed land is almost 20 larger than that of irrigated land. Households owning a garden plot – 13% of all households – are usually able to grow high value and high-nutrition crops. Grapes and apples are the crops grown most often. 2.14.16Farming Costs Farming households spent on average 13,000 Afghanis on farming costs, especially on fertilizer, seeds and machinery. Together, farming households spent 21 billion Afghanis (around 365 million USD) on farming inputs. Analysis of fertilizer requirements and use showed a large unmet need for farmers in Afghanistan. Irrigated-land farmers fell short by 36% of fertilizer requirements and farmers cultivating rain-fed land reported a deficit of even 61%. 2.14.17Livestock Livestock is an important asset of Afghan households, either for own household consumption or for market sale of animals and animal products. ALCS 2016-17 data suggest that the number of cattle (3.4 million) has increased since the previous ALCS, but is still below the volume reported in the 2002-03 livestock census. On the other hand, the number of sheep (21.8 million) did not change since the previous survey, but is 2.5 times larger than at the time of the livestock census. Levels of full


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vaccination of livestock are low, running from around one quarter for sheep and goats, around one sixth for camels, cattle, oxen and yaks and to very low levels around 7 percent for horses and poultry. Around 34% of households with livestock obtained medicines for livestock or sought veterinary help or information, 85% of whom referred to private veterinary services. Apart from voluntary reasons, the most important reasons for not using veterinary support were the lack of knowledge of where or how to obtain the services, distance, costs and particularly reluctance to offer services by the provider. 2.14.18Poverty Incidence Poverty rates increase steadily with household size and households of larger size are both more prevalent and face a higher poverty rate. Education (or the lack thereof) is another important correlate of poverty in Afghanistan. Low levels of educational attainment are pervasive and households with illiterate heads account for 74% of the population, facing poverty rates of 63% on average, compared with headcount rates of 40% among households with literate heads. While unemployment of the head of household is correlated with higher poverty, employment is no guarantee against poverty. Roughly half the population belonging to households with employed heads lives in poverty. Few have access to productive or remunerative employment. Afghans living in households where the household head is employed in agriculture are likely to face higher poverty rates (63%) and account for a third of the poor population. More broadly, almost 60% of the population belongs to households where the head of household holds vulnerable employment, or in other words, is self-employed or works on own-account, is a day labourer or is an unpaid worker.


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3. Legal and Policy Framework 3.1 Introduction This section reviews such safeguards and the associated laws and regulations governing Afghanistan. The primary relevant laws and regulations framing environmental issues, in chronological order, are the following:

The Constitution of Afghanistan (2004) The Law on the Preservation of Afghanistan’s Historical and Cultural Artifacts

(2004) The Environment Law of Afghanistan (2007) The Labor Law (2007) National Environmental Impact Assessment Policy (2007) Administrative Guidelines for the Preparation of Environmental Impact

Assessments (2008) Law on Land Expropriation (2009) National Policy on Internally Displaced Persons in Afghanistan (2013) Access to Information Law (2014) National Regulations for Environmental and Social Impact Assessment (2008) National Regulations for Environmental and Social Impact Assessment (2017) National Land Policy (2018) Policy Framework for Returnees and IDPs (2017) The Law on Land Acquisition (2017) The Land Management Law (2017) Law on Prohibition and Prevention of Harassment of Women and Children

(2018) 3.2 Laws and Policies of Afghanistan Key provisions of these laws/regulations are highlighted as follows: 3.2.1 The Constitution of Afghanistan (2004) The Constitution of Afghanistan, under Article 4 states that the nation consists of all individuals who are citizens of Afghanistan and no member of the nation can be deprived of his citizenship. Article 22 stipulates that any kind of discrimination and privilege between citizens of Afghanistan is prohibited. Citizens, whether women or men, have equal rights and duties before the law. Article 39 states that every Afghan citizen shall have the right to travel and settle in any part of the country except for those areas prohibited by law. Every citizen has the right to travel outside Afghanistan and return according to the law. The state shall protect the rights of citizens of Afghanistan outside the country.


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3.2.2 The Law on the Preservation of Afghanistan’s Historical and Cultural Artifacts (2004)

This law states the following under different articles: Article 2: All historical and cultural artifacts belong to the Afghanistan public. Article 7: No one can build or perform construction on recorded historical and cultural sites, unless approval, permission or agreement is issued from the Archaeology Institute. Article 8: All moveable and immovable historical and cultural artifacts and heritage items that are discovered or remain buried and not discovered/excavated in the country are the property of the Islamic Republic of Afghanistan and any kind of trafficking of such items is considered theft and is illegal. Article 10: Whenever municipalities, construction, irrigation or other companies (whether they are governmental or private) find or discover valuable historical and cultural artifacts during the conduct of their projects, they are responsible to stop their project and report any findings to the Archaeology Institute about the discovery. Article 16: Digging wells, ditches, rock blasting, driving over and any other operations which causes destructions of the recorded historical and cultural sites is prohibited without coordination and permission of Archaeology Institute. 3.2.3 The Environment Law of Afghanistan (2007) In January 2007, the final version of the Environment Law came into force. This law is divided into nine chapters; they are a) general provisions, b) functions and powers, 3) management of activities affecting the environment, 4) integrated pollution control, 5) environmental considerations relevant to water resource conservation and management, 6) biodiversity and natural resource conservation and management, 7) environmental information, education and training, and research, 8) compliance and enforcement and 9) miscellaneous orders. This Law, which has been approved by the National Assembly, is based on international standards which recognize the current state of Afghanistan’s environment while laying a framework for the progressive improvement of governance, leading ultimately to effective environmental management. It is now binding on both the government and the people of Afghanistan. This law was developed based on international standards taking into account the environmental conditions in Afghanistan and is considered comprehensive. It stipulates that the active involvement of local communities in decision making processes is required for the sustainable use, rehabilitation and conservation of biological diversity, forests, land, and other natural resources as well as for prevention and control of pollution, conservation and rehabilitation of the environment quality. It also states that the affected persons must be given the opportunity to participate in each phase of the project. The law requires the proponent of any development project, plan, policy or activity to apply for an environmental permit (called the Certificate of Compliance or CoC) before implementation of the project by submitting an initial environmental impact assessment to the National


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Environmental Protection Agency (NEPA) to determine the associated potential adverse effects and possible impacts. The law also establishes a Board of Experts that reviews, assesses and considers the applications and documents before NEPA could issue or not issue the permit. The EIA Board is appointed by the General Director of the NEPA and is composed of not more than 8 members. The EIA Board of Expert’s decision can be appealed. 3.2.4 The Labor Law (2007) This law states the following under different articles: Article 10: Employees shall have the right to be provided with occupational safety and health of work and production, professional training, skills development, improvement of professional knowledge, and the right to benefit from Social Security. Article 11: The Islamic Republic of Afghanistan shall observe international conventions to which Afghanistan is or will be a party and other treaties and standards of international organizations concerning labor and management, subject to the special conditions of the country. Article 107: Companies shall be obliged to ensure preservation of health and labor safety, application of safety techniques to prevent work and production related accidents, and to provide healthy conditions in order to prevent occupational diseases of employees. Article 111: Companies shall be obliged to give continuous training to employees about safety, environmental health, fire-fighting, and provision of medical first aid services and other rules of protection. Employees shall be obliged to observe the rules and standards of work protection and the safety techniques, rules for utilization of equipment as well as protection instructions, and to use individual protective devices while working. Article 114: Provision of medical First Aid Services. Article 118: The person in charge of the Administration shall be obliged to investigate and assess unforeseen accidents in work and production in a timely and comprehensive manner, and to analyze and evaluate the causes thereof. He/she shall prepare a written attestation about it within three days and present a copy to both the Ministry of Labor and Social Affairs and to the Employee. 3.2.5 National Environmental Impact Assessment Policy (2007) The National Environmental Impact Assessment Policy explains what an Environmental Social Impact Assessment is, its objectives, operating principles and operating stages, describes its policy vision, principles, strategy and process, and sets out the next steps in implementing the Environment Law. The Policy seeks to provide guidance on the implementation of Management of Activities affecting the Environment, specifying how the administration of EIA procedures should be undertaken.


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3.2.6 Administrative Guidelines for the Preparation of EIAs (2008) These guidelines deals with a) the Vision and Benefits of Environmental Impact Assessment, b) the EIA Procedure and Process, c) the screening, d) public disclosure, e) decision making on approval/ rejection, f) preparation of an EIA study, g) submission of EIA Report and Decision Making, h) Appeals Process, etc. These guidelines should be read in conjunction with:

• The Environment Law, 1385 (Official Gazette No. 912, dated 25 January 2007) • The Environmental Impact Assessment Regulations, 1386 (Official Gazette No.

939, dated 10 March 2008) • The National Environmental Impact Assessment Policy – “An Integrated

Approach to Environmental Impact Assessment in Afghanistan” (issued in terms of Executive Order No. 1/86, dated 25 November 2007).

The objectives of these guidelines are to, a) assist project proponents on how to meet the regulatory requirements in relation to the ESIA process, including stakeholder consultation and participation; b) guide project proponents in dealing with NEPA through the various steps of the ESIA process; and c) explain the roles and responsibilities of the various stakeholders in the process. Regarding the definitions of Category 1 and Category 2, the Guidelines change some of the terms used in the Regulations. In particular, they use the more common term of impact rather than effect and refer to project instead of activity. Further, the Guidelines provide a more precise definition of Category 2, while maintaining essentially the same definition of Category 1 as the Regulations. In specific terms, following international best practices, the Guidelines reserve the characterization of significant to impacts in Category 1 projects, classifying a project as Category 2, if its potential adverse environmental impacts on human populations or environmentally sensitive areas (eg. wetlands, forests, grasslands and other natural habitats) are less adverse than those of Category 1 projects. These impacts are site specific, and few are irreversible. As noted in Sub-section 4.1.2 above, the Regulations defined both Category 1 and Category 2 as, likely to have significant adverse effects‖ (Category 1) and, have potentially significant adverse effects‖, which makes it operationally difficult to differentiate between the two categories of projects. In providing guidance as to whether a proposed project should submit a Screening Report to NEPA, the Guidelines indicate that, the suitability of providing a screening report will depend on the type of project to be undertaken‖ (Guidelines, 2008, p. 6), that is, whether the project is Category 1 or Category 2, and refer to the Regulations for a the list of projects in each category. Annex 1 to the Guidelines includes an outline and suggested contents of the Screening Report, which are identical to the technical guideline for the screening process attached as Schedule III to the Regulations, except that the former does not include a section on public participation. The Guidelines includes a flowchart with the interim ESIA process in Afghanistan, which is attached as Annex I.


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3.2.7 Law on Land Expropriation (2009) This Law details the provisions governing the expropriation or acquisition of land for public interest purposes. The Law has the following key provisions:

Article 2: Acquisition of land or a part of such land for public use requires approval by the Council of Ministers, with provision of prior and adequate compensation based on the market price of the land. Article 3: The council of ministers shall be empowered to expropriate a piece of land totally or partly for the purpose of, among others, construction of manufacturing facilities, and public buildings and infrastructure, including the extension of communication lines, power transmission cables. Article 6: The right to own or use the land shall be terminated three months prior to the actual start of the project, provided that the rights of the owner or the damages incurred by the user of such land are compensated, Further, termination of ownership right shall not deprive the owner or the user of the land from collecting the agricultural products of or the fruits of the trees in the land, except where urgent use of the land shall require rapid evacuation of the land.

Article 8: The following compensations shall be provided for land expropriation: i) the price of the land; ii) the price of any residential houses, buildings and other constructions located on the land; and iii) the price of any fruit bearing or ornamental trees, or other saplings set on the land. Article 10: The price of lands subject to expropriation shall be determined by the Council of Ministers. The grade [quality] and location of the land shall be considered for determining the price of the land. 3.2.8 Sub National Governance Policy (SNGP) (2010) Sub National Governance Policy (SNGP) (2010) of the IDLG reinforces the government’s commitment to achieving equal rights for women and men under the law set out in Article 22 of the Constitution. The policy states that to ‘support the achievement of gender equity, all government entities will embrace and implement gender equity efforts, including gender sensitive policies, strategies, budgets and programs. Ensuring that gender equity is achieved is the shared responsibility among government entities at the national and sub-national levels’. The SNGP states that (a minimum) of 25% of the seats of Municipal Councils will be reserved for women. 3.2.9 National Policy on IDPs in Afghanistan (2013) This policy sets out the rights of IDPs to assistance and protection during all phases of displacement, from emergency through protracted displacement, until they are effectively integrated into host communities. The policy lays out the national responsibilities of the Afghan Government in accordance with international standards and Guiding Principles on Internal Displacement. A comprehensive government


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approach is detailed in a road map for implementation that integrates provincial action plans with a National Implementation Plan.

3.2.10 Access to Information Law (2014) The Access to Information Law (2014) ensures that Afghan citizens have the right to access information from government institutions increasing their transparency and accountability to ordinary people. Although Article 50 of the Afghan constitution guarantees citizens the Right to Access to Information from state departments and Article 34 provides for Freedom of Expression, the country previously did not have a law on access to information. The law follows the internationally accepted principle of maximum disclosure of information where all information held by the Government is presumed to public with minimal exceptions. Limitations to access to information are restricted to situations where disclosure poses legitimate harm to public or private interests. 3.2.11 National Regulations for ESIAs (2008) and (2017) In May 2017, the Cabinet approved the Environmental and Social Impact Assessment (ESIA) Regulations (2017). This subsection refers exclusively to the EIA Regulations (2008). Regulation 1 explains the rationale for this regulatory instrument as follows: ―These Regulations are issued in accordance with Article 22 of the Environment Law in order to govern the process for environmental impact assessment‖.

Regulation 2 indicates that the Regulations apply to the following activities:

1. Category 1 activities, which are activities likely to have significant adverse effects that are sensitive, diverse or unprecedented, and affect an area broader than the sites or facilities subject to the physical works of the activity‖ (Regulations, p. 7). Schedule I identifies Category 1 activities.

2. Category 2 activities, which are activities that have potentially significant adverse effects on human environments or environmentally sensitive areas that are less adverse than those in Category 1 and are site specific and in most instances not irreversible (Ibid, p. 8). Schedule I specifies Category 2 activities.

3. Any activity that is likely to have a significant adverse impact on an environmentally sensitive area.

4. Any other activity that is likely to have a significant adverse effect on the environment, as determined by NEPA.

Regulation 3 stipulates the requirement of the issuance by NEPA of a Certificate of Compliance for any of the activities identified above.

Regulations 4 and 5 require, respectively, the submission to NEPA of an Application for any of the activities indicated in Regulation 2, using the Application Form attached


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in Schedule II of the Regulations, and the presentation to NEPA of a Screening Report following the technical guideline for the screening process included in Schedule III. The Screening Report should be completed prior to the Application.

Regulation 6 establishes the following requirements after receipt by NEPA of an Application and the supporting Screening Report for a proposed activity:

1. Within fourteen days, distribution by NEPA of a notice of public disclosure to the population potentially affected by the proposed activity.

2. Within twenty one days, NEPA shall make a decision regarding whether: • the information contained in the Screening Report is sufficient to issue a

Certificate of Compliance, with or without conditions;

• to advise the applicant that additional information or investigation is necessary in order to reach a decision on the application; or

• to prepare an EIS according to the content specified in Regulation 7.

Regulation 8 stipulates that upon receipt of an EIS, NEPA shall: 1. Issue a Certificate of Compliance, with or without conditions; or 2. Advise the applicant in writing to review the technical reports and information

submitted, or the assessment processes adopted, if either is not in accordance with international best practice. The reviewed report shall indicate how it addresses the Neap‘s comments.

With respect to the reviewed report, the above-mentioned Regulation indicates that, within thirty days of its submission, NEPA shall:

1. Issue a Certificate of Compliance, with or without conditions; or 2. Refuse to issue a Certificate of Compliance, and provide written reasons for the

refusal.

3.2.12 National Land Policy (2018) National Land Policy was approved by the cabinet in 2018. Important relevant provisions of the current policy include: Land Tenure/ Land Acquisition (i) Land policy provides that compensation for the expropriation of ownership or of rights over land as enshrined in the Constitution be strictly enforced by law. Property rights may only be expropriated under defined legal procedures and for defined legal purposes; (ii) it also provides that no law may permit arbitrary deprivation of property rights. In the event that the government decides to implement a development project in the interest of the public, the value that the land had prior to the announcement of the expropriation will form the basis for the amount of monetary compensation to the owners of the property.


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3.2.13 Policy Framework for Returnees and IDPs (2017) The Policy Framework for Returnees and IDPs (2017) elaborated following the surge of returnees to Afghanistan in 2016. The framework is anchored in the Constitution of Afghanistan and its aim is to ensure the safe and successful re-integration of returnees and IDPs into the social and economic fabric of Afghanistan.

3.2.14 The Law on Land Acquisition (2017) The Law on Land Acquisition (2017) replaces The Law on Land Expropriation (2009) in providing the legal basis for land acquisition and compensation. Article 4 confirms Municipalities in urban areas and MUDL in rural areas as the enforcement authorities of the law. Article 5 sets out the range of public interest projects, including a range of infrastructure projects, for which an individual’s property and assets may be expropriated; Article 6 reconfirms the types of properties ( cultural and historic) and land ( required for environmental protection) where expropriation is either prohibited or limited; Articles 9-12 set out the various responsibilities of the expropriating authority, affected person and evaluation committee; Articles 13-18 describe the different types of expropriation; The arrangements for transfer of Government Property in order to enable a Project are described in Articles 19- 21. Articles 22 -37 are devoted to a set of issues around the valuation of expropriated properties including the establishment of a Panel of Developing Bill of Valuation of Expropriated Properties in every province ( article 22), appraisal of compensation for different assets ( articles 25-33); Articles 36 and 37 deal respectively with expropriation of property of an absent person and timing of compensation payments; Articles 38-41 set out the Resettlement procedures and responsibilities of the Resettlement Committee. Various miscellaneous provisions related to land acquisition including assessment of property related conflicts and enforcement are set out in articles 42-53.

3.2.15 The Land Management Law (2017) The new Land Management Law (2017) replaces the Law on Managing Land Affairs (2008) and aims to create a legislated unified, reliable land management system. This Law also aims to provide a standard system for land titling, land segregation – subdividing land into a number of parcels of land- and registration; prevent illegal land acquisition and distribution; access to land to people; and conditions for appropriation of lands. Article 40 states that government lands are regulated by the Land Authority and Article 50 states that public welfare projects cannot be implemented on government lands without acquiring the agreement of the Land Authority.

3.2.16 Law on Prohibition and Prevention of Harassment of Women and Children (2018)

The Law on Prohibition and Prevention of Harassment of Women and Children (2018): very recently approved by the President under this law jail terms and cash fines will


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be imposed on perpetrators of harassment against women and children. Verbal, physical, written and visual harassment has been defined as a crime. Under article 24, anyone harassing women and children in public places and vehicles will be fined between Afn 5000-10,000. Harassment of women in children in workplaces, health and educational centres will face a steeper fine of between Afn 10,000 - 20,000. The degree to which the government will ensure the implementation of the law’s provisions is as yet unclear. 3.2.17 Protection of Property Rights It is a national policy that the national and provincial governments take measures to protect citizens including residents of informal settlements from arbitrary and forcible eviction. Eviction and relocation of unplanned settlement residents shall be undertaken with community involvement only for necessary spatial rearrangement that should take effect in accordance with the public’s interest. Compensation for expropriation of rights over land must be provided equitably in accordance with the law. 3.2.18 Afghanistan’s Gender Strategy8

The Afghanistan National Peace and Development Framework (ANPDF) confirms that the Afghan Constitution guarantees equal citizenship rights for women and explains that the national gender strategy ‘rests on five pillars’, anchored in cross-government action programs: (i) implementing global commitments on human rights, security, freedom from domestic violence for Afghan women; (ii) ensuring full access to education and health services, including higher education; (iii) launching of the Women’s Economic Empowerment National Priority Program; (iv) Securing the constitutional rights for women through the full execution of Afghan laws; and (v) advancing women in government and business’. Afghanistan has ratified Convention on the Elimination of all forms of Discrimination against Women (CEDAW) during 2003. 3.2.19 National Laws and Policies on Disability The Constitution of Afghanistan promotes the integration of people with disabilities into public and social life. A National Policy for Persons with Disability (2004) was operationalized in the Afghanistan National Disability Action Plan (ANDAP) (2008-2011) which included strategies to improve access to employment, education, justice, protection, social care for people with disabilities. The ANDAP has since been replaced by the National Law of Rights and Benefits of Persons with Disabilities which provides for the economic, social, political, educational economic and cultural rehabilitation of women, men and children with disabilities; the protection of their rights and their active participation in society. The law states that 3% of jobs in government and private 8 Afghanistan National Peace and Development Framework (ANPDF) 2017-2018


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sector should be reserved for people with disability. This chimes with Article 55 of the Constitution, which states that all Afghan citizens with ‘legal capacity’ will be able to work with government. Article 25 of the Law states that ministries and other government institutions are required to provide facilities to /access for people with disabilities when designing apartments, recreational areas, pavements, transport and technologies’. A National Strategy for Disability and Rehabilitation (2013-2016) prioritises support for people with physical disabilities. Disability is identified as an important cross-cutting issue in the National Development Strategy. Afghanistan has ratified a number of conventions to protect the disabled including the Convention on Cluster Munitions; the UN Convention on the Rights of Persons with Disabilities and the Vocational Rehabilitation and Employment Convention. 3.3 World Bank Safeguard Policies Triggered The following safeguards policies of The World Bank are triggered: Safeguard Operational Policies

Safeguard Policies Triggered by the Project Yes No

Environmental Assessment (OP/BP 4.01) [X] []

Natural Habitats (OP/BP 4.04) [] [X]

Pest Management (OP/BP 4.09) [] [X]

Physical Cultural Resources (OP/BP 4.11) [] [X]

Involuntary Resettlement (OP/BP 4.12) [X] []

Indigenous Peoples (OP/BP 4.10) [] [X]

Forests (OP/BP 4.36) [] [X]

Safety of Dams (OP/BP 4.37) [] [X]

Projects in Disputed Areas (OP/BP 7.60) [] [X]

Projects on International Waterways (OP/BP 7.50) [] [X]

The rationale for triggering the above policies is set out below: 3.3.1 Environmental Assessment (OP/BP 4.01) This OP covers impacts on the natural environment, human health and safety, transboundary and global environmental concerns. It is triggered because activities planned under the proposed project may result in negative impacts mainly related to occupational health and safety and natural environment. The project activities would result in issuance of OCs and eventually Title Deeds. This may result in seeking land use change for productive lands thereby causing downstream environmental and social impacts. In addition, the fee for issuance OCs, Title Deeds, dividing properties, resurveys, etc. may cost the property holder and affect them. Through this EMF, MUDL will ensure that the concerned agencies effecting such land use change will ensure the required environmental and social mitigation/ management actions are embedded in the process and implemented.

http://www.worldbank.org/environmentalassessment

http://intranet.worldbank.org/WBSITE/INTRANET/OPSMANUAL/0,,contentMDK:20064724~pagePK:60001255~piPK:60000911~theSitePK:210385,00.html



















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The extent and type of environmental and social assessment required is based on its screening category. The World Bank classifies projects into one of three categories: A, B, and C (see below), depending on the type, location, sensitivity and scale of the project and the nature and magnitude of its potential environmental and social impacts. 3.3.2 World Bank ESA Screening Categories

Category “A” An Environmental and Social Impact Assessment (ESIA) is always required for projects that are in this category. Impacts are expected to be ‘adverse, sensitive, irreversible and diverse with attributes such as pollutant discharges large enough to cause degradation of air, water, or soil; large-scale physical disturbance of the site or surroundings; extraction, consumption or conversion of substantial amounts of forests and other natural resources; measurable modification of hydrological cycles; use of hazardous materials in more than incidental quantities; and involuntary displacement of people and other significant social disturbances.

Category “B” When the subproject’s adverse environmental impacts on human populations or environmentally important areas (including wetlands, forests, grasslands, and other natural habitats) are less adverse than those of Category A subprojects. Impacts are site-specific; few, if any, of the impacts are irreversible; and in most cases, mitigation measures can be designed more readily than for Category A subprojects. The scope of environmental and social assessment for a Category B subproject may vary from subproject to sub-project, but it is narrower than that of a Category A sub-project. It examines the subproject’s potential negative and positive environmental and social impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance.

Category “C” If the subproject is likely to have minimal or no adverse environmental impacts. Beyond screening, no further environmental assessment action is required for a Category C sub-project.

The ALASP is classified as category B. A “Category B” project may have some significant adverse environmental impacts that are sensitive, diverse, or unprecedented. Few if any of these impacts are irreversible. Environmental and Social Screenings and, if required, Environmental and Social Impact Assessments (ESIAs) will identify and examine potential negative and positive environmental and social impacts and through relevant plans (ESMP, RAP, CHMP) recommend measures to avoid, mitigate or compensate adverse impacts and enhance positive outcomes. OP/BP4.01 requires that the ESMF be subject to participatory and culturally


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appropriate consultations in the project areas and publicly disclosed in local languages, locally and at the Banks InfoShop, before appraisal of the project. 1. OP/BP 4.11 is not triggered but Chance Find Procedures, aligned with national

legislation, are in place (see annex 5).

2. Safeguard policies also require compliance with the WB group’s (i) environmental health and safety guidelines (EHS) ( http://www.ifc.org/ehsguidelines, environmental codes of practice (annex 6), Labor Influx guidelines (annex 11) and (iv) Gender strategy (http://documents.worldbank.org/curated/en/820851467992505410/pdf/102114-REVISED-PUBLIC-WBG-Gender-Strategy.pdf)

http://www.ifc.org/ehsguidelines

http://documents.worldbank.org/curated/en/820851467992505410/pdf/102114-REVISED-PUBLIC-WBG-Gender-Strategy.pdf

http://documents.worldbank.org/curated/en/820851467992505410/pdf/102114-REVISED-PUBLIC-WBG-Gender-Strategy.pdf


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4. Impact Assessment – Surveys and Consultations 4.1 Land Use9 Afghanistan has 65 million hectares of land (7.8 million hectares agriculture land, 30 million hectares pastures, 8 million hectares desert, 1.9 million hectares forests and 17.5 million hectares mountains, rivers shores and rocky areas). According to MUDL10, less than 30 percent of properties in urban areas and 10 percent of properties in rural areas have been registered by official institutions of the state. 4.1.1 Categories of Land There are three categories of land with accompanying methods to transfer. These include: Private Land: Land individually held without title, with a non-recognized title or with state formal title, as well as collectively held land without or with customary title or with documentation issued by previous government regimes. Transfer of private land can occur through sale, inheritance or compulsory land acquisition. Public Land: These lands include pastures (allocated for public use), forests, graveyards, roads, green areas, playgrounds; schools, universities, and hospitals. Public land is essentially state-owned land with a purpose designated by government Ministries or municipalities. These lands cannot be sold, leased, transferred or exchanged without a compelling case for reuse or repurpose. State Land: Includes forests, protected land, arid and virgin land (registered as state land and any land that is deemed public but is not registered in the book of government lands). Only arid and virgin land can be leased or sold provided certain conditions (Land Act 2016). 4.1.2 Land Rights Land rights for Afghan citizens in both urban and rural areas are insecure. Afghanistan’s land is vested:

1. individually in private individuals and entities; 2. communally in families, clans; 3. in communities, for example pastures; and 4. in the government.

Land ownership can be acquired through purchase, government land allocation and other forms of transfer of ownership, such as through inheritance. Under current law,

9 USAID Country Profile April 2018 10 USAID Country Profile April 2018


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all untitled land is characterized as state land unless a person can show ownership through a legally valid deed, which is the basic unit of registration evidencing the transaction in land. Registration is a judicial function in which primary court judges have responsibility to draft and archive legal deeds and MUDL certifies the identity of the parties. Acquiring and registering a deed is costly and difficult. Additionally, a title or registration of title is no guarantee of establishing ownership and obtaining land rights. Title deeds may be registered with numerous institutions at several locations, creating significant opportunities for fraud and corruption with multiple titles being registered at different locations for the same or overlapping areas of land (GIRoA 2008; LandAc 2015; UNAMA 2014). 4.1.3 Tenure Types Ownership: Ownership is the most common tenure type in Afghanistan. Ownership may be based on formal or customary law and ownership rights can extend to all land classifications. Ownership confers a right of exclusive possession of land and owners are entitled to use and dispose of land freely. Under the 2008 Law on Managing Land Affairs, all land not proved to be private is deemed to be state land (GIRoA 2008). Leasehold: The 2008 Law on Managing Land Affairs permits leasing between private parties, subject to requirements for written leases that describe the land and set forth the agreement of the parties regarding the length of the lease and payment terms. For purposes of attracting investment, the Ministry of Agriculture, Irrigation and Livestock (MAIL) can lease agricultural land to individuals and entities for purposes of agricultural activities for periods up to 50 years for fertile land and 90 years for virgin and arid (i.e., uncultivated) land. The MAIL can lease virgin and arid land for non-agricultural investment purposes with the agreement of other departments and consistent with considerations of land type and proportion. Other ministries and departments can lease land for non-investment purposes for periods up to five years. Leases of private land, which have primarily been governed by customary law, are generally quite brief, often extending only a season. Sharecropping: This is a common arrangement where the landowner contracts with the sharecropper to cultivate the land, with the parties agreeing to terms regarding the production shares and payment for inputs (GIRoA 2008; UN Habitat 2017). Agreed Rights of Access: The 2008 Law on Managing Land Affairs provides that pasture land is public property that neither the state nor any individual can possess (except as otherwise provided by Shari’a), and which must be kept unoccupied for public use for activities such as grazing and threshing grounds. Customary law provides that individuals and communities can obtain exclusive or non-exclusive rights of access to government-owned pasture land through customary use and deeds (GIRoA 2008b; UN Habitat 2017).


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Occupancy Rights: In urban areas, landholders in formal settlements generally have formal rights to the land. Occupants of informal settlements, including squatters, usually have some type of informal rights that are based on principles of customary law, the nature of the land and the means by which the occupants took possession of the land. The 2007 Land Policy permits the regularization of rights from informal settlement holdings but implementing legislation has yet to be enacted (GIRoA 2007). Mortgage: Formal and customary law recognize two types of land mortgage: one type operates as a debt secured by the land. The second type, which is the most common, is a use mortgage under which the lender takes possession of the land until the borrower repays the debt (UN Habitat 2017). It is important to note that despite the relatively straightforward tenure types presented above, land ownership and land access rights in Afghanistan are very complex and opaque, and the long period of war and political instability has further complicated the land tenure system. At any given time, for example, a single farmer may be owner, tenant or sharecropper and may be in transition from one status to another with respect to one or more of his plots (UN Habitat 2017; Alden Wiley 2003).

4.2 Stakeholder Engagement - Consultations The Social assessment was based on secondary research which was complemented with focus group discussions and Key Informed Interviews and primary data. In each sampled Herat, Jalabad, Kandhar and Mazar-e-Sharif city where about 6 FGDs with different stakeholder groups, who comprised of owners of formal/ informal properties, urban poor settlements (slums), occupation diversity, gender, faith/ social status, etc. were conducted. The FGDs were geographically spread to cover the entire city. Thus a total to 24 FGDs were conducted. Each of these FGDs were attended by over 20 persons, totaling to about 460 persons. In each of the city 6 Key Informant Interviews were conducted; 1 each with a household in possession of OC (where applicable), household yet to receive OC, City administrative staff involved in the land survey and OC process, local MUDL staff involved in the land survey and OC process, local people representative who is involved in land survey and OC process and any other informed person, based on the availability. At least one of them was a women, where possible.

4.2.1 Observations/ Suggestions/ Expectations from FGDs and KIIs The following are the observations/ suggestions/ expectations of the community members/ respondents participated in FGDs and KIIs: Table 1: Community Observations/ Suggestions/ Expectations of Respondents

S.No. Topic/ Issue Observations/ Suggestions/ Expectations

1 Disputes Related to Boundaries

1. Difference in Measurement of the Land 2. Joint walls generates problems.


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3. Shared land between inheritances creates problems of joint ownership.

4. Part of land left for Road/ Street becomes problematic. 5. Same land is issued to many people by having two documents

with different Land owners names. 6. People makes windows on 2nd and 3rd floor that opens towards

the neighbours which is not acceptable due to privacy. 7. Inheritors may create problem in future.

2 Mutually accepted terms during land transactions

1. Land legal Documents need to be checked. 2. Four side Neighbours are informed and are witness. 3. Elders of street/ CDCs are invited. 4. Property dealer is involved. 5. Family members of seller are involved to confirm the

transaction. 6. And Agreement Letter describing that seller is not responsible

for Government claims but only responsible for public claims against this land.

7. Imam Masjid is also involved.

3 Problems/ issues during measurement/ survey,

1. No Problem, it was an excellent job done both by UN-Habitat and MUDL

2. Team leader Survey was not too much active. 3. Some team members were not pre-trained.

4 Pre-requisites for issuing OCs Documents, Fees, etc.

1. Any property document (Shari Qabala11 and Urfi Qabala12) 2. ID card with full biodata form 3. Electricity Bill 4. Property Dealer document if exists 5. Photos 6. Phone Number

5 Perceptions on property rights

1. Having legal document. 2. Four side walls 3. People feel confidence on undertaking works on the land. 4. Existence of Safayee booklet issued by Municipality. 5. No frequent troubles with Government Agencies with regard to

ownership. 6. MUDL issued document is good.

6 Need for more precise surveys

1. No- It will be waste of time and money 2. No Need - It was very accurate survey and the team worked

with very patience and our complaints are fully recorded and checked.

3. Yes if it would more useful for minimizing the no of disputes for future time.

7 Willingness and Capacity to pay for more accurate (precise) measurements/ surveys – payment of actual (real) costs

1. No - People are very poor and they are not able to pay for the OC Fee so how will they pay for the survey cost.

Perceptions on land markets/ costs – before after OCs

1. Value of Land will be increased 2. People will feel secured and will start further construction of

their homes according to their need.

11 Shari Qabala is a property document issued by Court 12 Urfi Qabala is a property document given by property dealers issued by Ministry of Justice


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3. Land Sale and purchase will increase and people will get high interest.

4. People will be provided with by Municipality Services. 5. The investment opportunities will increase in the area

Any alternatives/ changes/ etc., to OCs

1. No Alternative - OC is the best option and we hope for quick implementation of the process and issuance of OC

Timing for issuance of Title Deeds (TD)

1. Five years, which is too long and it would be better to be issued within one year.

2. We have weak trust on Government due to many frequent changes so want this OC and Title Deed soon.

3. Some powerful people will make document for our land and will take our properties from us so it would be better to receive OCs/ TDs as soon as possible.

4. Five years’ time is enough. There is good chance that all disputes will be finished in this duration.

4.2.2 Summary of discussions with MUDL and NEPA The following are the responses to land use by MUDL and NEPA:

S.No. Questions Response

1 Which is the Authority for categorization (Forest, Agricultural, Residential, Commercial, Industrial, Urban, Rural, etc.) of land?

Land is categorized for each type of land, and every type of land has its own specific law as per the nature of interventions. Each specific Authority has the responsibility for its management. Article 7 of the Land Management Law has some information on zoning of lands

2 Is there any law/ act/ code/ procedures related to land categorization? (please obtain these)

There is no specific law/ act/ code or procedures pertaining to land categorization. NEPA has the regulations for protected areas, wetland, national parks, cultural heritage sites, sensitive areas, natural habitats (the information can be found in Afghanistan Environment Law)

3 Who does the conversion (from one category to other, say from forest to agricultural) of land?

In accordance with the presidential Decree No. 4252 all the green spaces, parks, forests… is strictly prohibited to use for any infrastructure works, industrial, cities, town or any other public use which may lead for land degradation and environmental pollution and MAIL, MUDA, IDLG and central and provincial municipalities are responsible for the implementation of the said decree. Also the in accordance with the Article 108 of the Land Management Law the infrastructure projects, roads, buildings and any other non-agricultural works are not allowed in Agricultural lands, but in case of necessity the ministries and municipalities are required to obtain the agreement of MUDL and the H.E. president approval

4 What are the procedures for applying for land category conversion? (Please get a sample of an application)

Land could be converted from one category to other category based on the nature of lands. If the land is residential, urban, rural or commercial, then cabinet of ministers should approve in accordance with the


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master plans of the municipalities and cities and eventually approved by the H.E. President. The nature of land in terms of agricultural, forest, protected areas, sensitive or cultural sites is mentioned above.

5 What is the tariff/ tax charged for land category conversion?

No information available.

6 In case land is converted to a different category, what are the remedial measures taken?

If the land is converted to a different category as a result of developmental project, then a detail Environmental Impact Assessment should be carried out in compliance with the EIA regulations where all the mitigation measures and remedial action should be taken into considerations.

7 What are the procedures to convert forest land into industrial/ public land? Who does this? What are the remedial measure taken to make up for deforestation?

As mentioned, the forest land under the presidential decree, land management law and Forest Law is strictly prohibited to convert or transform into industrial/public land or for any other public use.

8 What are the procedures to convert urban lands? For example from public land to residential, etc.

The urban lands are converted in accordance with cities’ master plans. Master plans are prepared by the Ministry of Urban Development Affairs (MUDA), review and approved by the cabinet of ministers and the H.E. President.

9 What are procedures to designate urban green spaces? Who does this? What are the procedures for conversion of these to a different category?

The urban green spaces are designate in accordance with cities’ master plans. The conversion of green spaces is strictly prohibited under the presidential decree 4252. In case of high necessity, the authorities are required to seek the H.E. President approval.

4.2.3 Public Consultation and Disclosure Workshop A public consultation and disclosure workshop was held on 03 December 2018 at MUDL, Kabul, where various representatives have participated. The key suggestions from the participants include: a) Faster issuance of Occupancy Certificates: The MUDL clarified this as this will involve design of specific procedure, collection of information pertaining to background of ownership of land, resolving issues through legal procedures, survey of properties, etc. will take time. It is further clarified the problems of land grabbing cannot alone be solved by land administration measures, but require, security organs and other agencies to work together to tackle the issues. It was further clarified the proposed system taken from the Turkey Model, and this would suit, because both countries are similar in terms of culture and religion. b) Joint Ownership of Properties by both Spouses: This was clarified that when the land is identified as government land, the property certificate will be given in the name of both the spouses (woman and the man) in a joint form. It was added that in other areas, people are free to choose to receive the OC in whatever name they wish to, and this matter is explained in the presidential decree No. 305. It was mentioned that people do not want to give women ownership due to customary rules and this is a traditional issue in Afghanistan, which requires awareness of among the people. On


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issue of Wasseqa (a legal document), agreement with the Supreme Court have been signed to process the legal cases. c) Inclusion of Rehabilitation Measures to Mitigate Risks and Impacts: It was suggested by the participants that the project procedures and implementation plans, should include rehabilitation procedures, since some areas are under the threat of environmental hazards, people should be made aware of these issues and MUDL should take action in preventing of distribution of OCs in hazardous areas and rehabilitate them. For instance, in Khwaja bughra area of Kabul city, there are plenty of houses below the overhead power lines with high voltage as the impact of which is very dangerous to the people residing there. d) Submission of EMF, SMF and RPF to NEPA: NEPA suggested that MUDL should share the EMF, SMF and RPF with NEPA and seek their approval before it is proceeds for implementation. It was clarified that ALASP project is categorized as category “B” in compliance with World Bank Safeguards regulations, which have minor and temporary impacts as they can be mitigated through proper mitigation measures. At the same time all the donor agencies who are funding the government projects are exempted to seek the NEPA’s approval for category “B” projects. However, it was assured that, MUDL will share the documents with NEAP. It was further added that the documents will be accessible through MUDL’s website and a soft copy would be send to all the concerned stakeholders. A summary of this workshop is annexed to this report.


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5. Project Impacts and Risks 5.1 Impacts due to Project Interventions The likely environmental impacts that could occur due to each project activity are listed below: Table 2: Likely Environmental Impacts due to Project Interventions

Component Sub-component Details Potential Impacts

Geo-Information Infrastructure

Geodetic Reference Network

This sub-component will provide assistance to MUDL to install a new geodetic reference system, the Afghanistan Positioning System (AFPOS), comprising a horizontal geodetic control network for Afghanistan.

This is a soft component.

There is no hard component or construction involved in this.

Provides land security to titleholders.


No Negative Impacts

Base Mapping The base mapping for the ALASP will support a broad range of mapping purposes to support the needs of MUDL and other GoIRA agencies, and public/private interests. Base mapping will serve the purposes for cadastral and administrative boundaries, land registration, topographical mapping accomplished by collecting appropriate ortho-rectified imagery at suitable resolutions.

This would be supported by field surveys to ground-truth the location of parcel boundaries.


There is no hard component or construction involved in this. Mostly consultancy work.

Paves way for title deeds

Provides land security to titleholders.


No Negative Impacts

Information Communications Technology (ICT)

The ICT infrastructure will comprise a secure and reliable communications network (Internet and cell phone), a modern data center with enterprise storage area network serving all of MUDL’s ALASP locations, a scalable architecture enabling efficient and reliable backup and recovery functions, as well as centralized administration.



No negative impacts


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Land Information System (LIS)

Under this sub-component, MUDL will establish an authoritative, integrated and web-based land information system (LIS) for storing, managing, processing, and distributing land and property information to support MUDL business operations related to cadastre and land registration.



Ease in obtaining title deeds

Ease in land transfers

Ease of sale and purchase of lands

No negative impacts

Land Administration, Legislation, and Capacity Building

Cadastre The cadastre proposed by this sub-component will establish the digital set of records about land properties containing two (digital) mechanisms: a) a map layer showing the size and location of land parcels; b) and attribute data linked to the land parcels and other real properties.

This database will be maintained, processed and electronically distributed to end users.



No adverse impacts

Land Registry Under this sub-component, the project will engage in the surveying, adjudication and registration of around 1 million land parcels in project areas under MUDL’s six priority provinces.

It is intended that the ALASP project will issue around 1 million land government guaranteed titles.



Possibility of land transfer and land use change

Likelihood of losing property/ livelihoods when the source of livelihoods is on the land lost

Developing the Land Code The development of a National Land Code (NLC) is expected to provide legal and institutional environment for the Land Administration to function.


Clarity on Land issues.

Better land dispute resolution.

The Elite gets the code drafted in their favour

The code may deprive some of their property and/or livelihoods.


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MUDL & Technical Institute Capacity Enhancement – Support to Zonal Offices

This sub-component will support the establishment of the Institute of Cartography and Land Administration (ICLA) to provide training programs for technicians and professionals so that they are able to perform the technical and managerial tasks necessary for ARAZ’s overall success.


No adverse impacts


ALASP Staff Planning This sub-component would support a suitable staffing plan for MUDL to support operational needs as well as ALASP specifically.


No adverse impacts

Financial Sustainability & Policy Development

The ALASP program will contribute to MUDL’s long-term goal to become an autonomous agency, financially independent, able to generate its own funds and make a positive financial contribution to the public sector.


Possibility of hike in fees

Institutional Strengthening

Organizational Development

This sub-component will undertake a study to explore organizational reforms that may streamline land administration processes and foster cooperation amongst the GoIRA stakeholders which either produce or depend on land information.


Supports Six Zonal Offices

No adverse impacts


Land Valuation System This sub-component would finance technical assistance, training and capacity building for land valuation and necessary correcting of ALPIS procedures to ensure it is fit-for-purpose and consistent with good valuation practices and standards.

No adverse impacts

Public Awareness Raising and Citizen Engagement

This sub-component will provide outreach programs to disseminate information to raise public awareness of the laws, roles and responsibilities of MUDL to implement and deliver land administration services in Afghanistan.


Awareness creation

Citizen empowerment

Poor, vulnerables and women might be left out of the campaign


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Project Implementation Support

Project Management Under the project the PIU will be supported with staffing to support project management, planning, financial management, procurement, M&E and specific technical staff.


No adverse impacts

Monitoring and Evaluation (M&E)

This subcomponent would finance training, technical assistance, and systems development for the implementation of the ALASP M&E system.

This subcomponent would also fund TA to conduct a project impact assessment in the fifth and final year of the project.


No adverse impacts


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5.2 Project Risks and Mitigation Measures Table 3: Project Risks and Mitigation Measures

Likely Environmental Risks Mitigation Measures

The Laws/ Acts/ Codes developed under the project may not consider the view points of the poor, vulnerables and women. The elite may turn these laws/ acts/codes to their benefit.

Each Law/ Act/ Code prepared under this project must go through a process of public consultation after proper disclosure, and suitably amended without compromising on the principles of equity, inclusion, cohesion, security, transparency and accountability. In addition representatives of the poor, vulnerables and women must be separately consulted and their feedback collected to amend these laws/ acts/ codes.

Poor, vulnerable groups and

women may be excluded

from awareness creation and

communication activities.

Their voice may not be

heard.

A two-way communication strategy is suggested to incorporate the feedback of poor, vulnerables and women. A Gender Action Plan has been prepared to check this risk in the planning stage itself. Monitoring indicators developed for the project will track this risk

The project stakeholders

may not be able to

understand their roles related

to environmental issues.

A detailed capacity building strategy and budget provided to address this risk. Project would deploy community facilitators in the field to create awareness about roles and responsibilities. Monitoring mechanism developed for the project are to be adapted to track this risk

MUDL capacity issues with

regard to people

management and

community awareness

creation and

communications may affect

project outcomes.

The Environmental Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for Grievances Management are proposed to address this risk. Overall project implementation strategy addresses this risk by facilitating an organizational development and capacity building. A detailed capacity building strategy and budget provided to address this risk.

Grievance of project key

stakeholders may not be

addressed properly.

A robust Grievance Redressal Mechanism is proposed to be set up to address this risk during planning and implementation. Options to reach The World Bank GRM with regard to grievances is provided to check this risk at all times. The Environmental Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for Grievances Management are proposed to address this risk.

Project information may not

reach the key stakeholders,

thus making them

disinterested in participating.

A detailed IEC campaign is proposed before project activities take off to address this risk during design stage itself. The Environmental Specialist at MUDL and Communications Experts at MUDL field offices will be responsible for social mobilization and awareness creation are proposed to address this risk. Culturally appropriate IEC material to be developed aimed at the local communities

5.3 Summary of Potential Impacts and Risks

Most of these operations are soft activities. All these components do not involve any field based construction or other operations. Except for the cadastre survey and establishing a geodetic reference network, all the other operations are done in the


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MUDL / Consultants offices using IT hard and software. Apart from this, there are some buildings to be constructed. Hence the environmental impacts are bare minimum to nil, except for the e-waste; IT equipment purchased and disposed after use. With regard to land use change, though that is not part of the project description, it could happen outside the project preview. Zoning, Master Plan preparation, etc. are not under the project. The Land Management Law restricts sale or possession of state land under forests, grazing lands, monuments, etc. The following are the potential positive impacts:

Provides land security to titleholders. Improves land values Paves way for title deeds Provides land security to titleholders. Improves land values Ease in obtaining title deeds Ease in land transfers Ease of sale and purchase of lands Clarity on Land issues. Better land dispute resolution. Awareness creation Citizen empowerment

The following are the potential adverse impacts and risks:

Elite capture of the law/ act/ code and the code may not represent the interests of the poor, vulnerable and women

Likelihood of losing property and/or livelihoods as the claimants not having proper documents

Land requirement for Technical Institute/ Registry office buildings Possibility of hike in MUDL fees for issuance of certificate, title deeds, surveys,

valuation, etc. Possibility of land transfer and land use change Vehicular Pollution Awareness creation may not reach poor, vulnerable and women Citizen engagement may not take place Grievances of the poor vulnerable and women may not be redressed


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6. Environmental Management Framework 6.1 Introduction This Environmental Management Framework (EMF) is prepared based on the assessment of environmental impacts and risks to guide the preparation of plans and strategies as appropriate for the project interventions to be taken up under the project. The EMF would apply to all project interventions under ALASP at locations identified at this stage and at locations identified during project implementation. The objectives of this EMF are to: a) develop a framework with environmental processes and procedures for the

project b) enhance institutional capacity of the MUDL in implementation of environmental

management plans c) establish mechanism and processes for grievances redressal and monitoring and

evaluation, etc. This EMF comprises the following:

Environmental Management Plan Grievance Redressal Mechanism Implementation Arrangements Monitoring Capacity Building Strategy Budget

6.2 Environmental Management Plan The following Environmental Management Plan is proposed: Table 4: Environmental Management Plan S.No. Impact/ Risk Mitigation/ Management Measure Responsible

Agency

1 Elite capture of the law/ code may not represent the interests of the poor, vulnerable and women.

Generally, the drafting of laws/ codes is done by the persons belonging to the higher echelons of the society. Either inadvertently or wilfully, the interests of the poor, vulnerable and women could be left out or the law/ code may have adverse impact on them. Another possibility is that those in power would try and frame the law/ code to suit their interests. In such cases the poor, vulnerable and women will be disadvantaged.

Each of these laws/ codes will be disclosed in the public domain, in languages of the affected groups, before enacting them or putting them to practice. It is recommended that an EIA and SIA on these laws/ codes will be conducted to assess the potential impacts the law/ code could cause. Based on this EIA and SIA, management measures need to be included in the law/ code. Public consultations with the affected groups, the poor, vulnerable and women will be held at places convenient to them and at a time suitable to them, with sufficient notice. Their feedback will be taken into account and the law/ code will be amended suitably or mitigation

MUDL NEPA


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will be proposed in the law itself. The final version will go through disclosure, consultation, feedback and amendment cycle, till all the objections are sorted out.

2 Likelihood of using sensitive areas for project works

Each sub-project will be screened using the screening format given in this EMF under Annex 2.

MUDL/ NEPA/ Concerned City

3 Likelihood of losing property and/or livelihoods as the code may not these into consideration or claimants not having proper documents.

There is a possibility that while applying for issuance of Occupancy Certificates, some of the inhabitants may not be able to produce the required documents and they may be denied the Occupancy Certificate and the Title Deed. Some may not be in a position to procure these documents due to their personal conditions. Some may not be able to get these documents due to security reasons or due to their vulnerability. In such cases they might be refused to be entertained for the Occupancy Certificate.

In such cases, MUDL and its field offices themselves will ensure to procure the required documents for these vulnerable people form the respective authorities. The Environmental Specialist at MUDL and Communication Experts at MUDL field offices will assist and procure these documents for these vulnerable people. Any expenses involved in procuring these documents will be borne by MUDL. In case, if any of such people are denied the required documents, then MUDL will ensure that they will be provided with a suitable plot similar to the one they were in at a location acceptable to them and pay the replacement cost of the lost assets and an additional house/ structure construction grant as per government rules.

MUDL Concerned City Municipalites

4 Land requirement for Technical Institute/ Registry office buildings

Construction of these buildings require land Construction will have EHS risks

MUDL will use only public land that is earmarked for such use to construct these buildings. Preferably MUDL will use existing buildings or construct new buildings in the existing government/ MUDL office compounds. MUDL will not a) acquire any land for this purpose, b) do any land use change for the construction of these buildings, c) use any land that is under disputes or claims, d) use any land that is under MUDL/court review with regard to ownership/ use, e) use any land that is under community use/ public use, f) use any land on which there are encroachers/ squatters/ common property resources and g) cut any trees for the construction of these buildings and if it is required to cut any trees, then MUDL will do compensatory tree planting as required under NEPA rules. For each of the buildings to be constructed MUDL (or its consultants) will prepare a site specific Environmental Management Plan and implement the same. This EMP will be attached to the bid documents for the

MUDL Concerned City Municipalities


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contractor to implement. MUDL will follow the building codes of Afghanistan and/or other international good practices. This EMP will comply with The World Bank EHS guidelines. A sample EMP is given under Annex 2.

5 Possibility of hike in MUDL fees for issuance of certificate, title deeds, surveys, valuation, etc.

Since MUDL has to be financially sustainable, it will suitably fix the fees and charges for their services. Most of the poor, vulnerable and women are not in a position to take on these charges.

MUDL will conduct a Capacity To Pay study for such kind of charges/ fees for its services. MUDL will either not charge these poor, vulnerable and women any charges or a bare minimum nominal charge. MUDL will use telescopic tariff model with minimum charges for small residential plots and increasing charges for larger commercial/ industrial plots.

MUDL Concerned City Municipalities

6 Possibility of land transfer and land use change

As the Afghanistan is promoting industry, business, housing, etc. there is a likelihood of changing land use and allotting public/ state land to these groups and encouraging them to start business/ industries. When government allots state/ public land that is forest land/ grazing land/ agricultural land/ land marked as green space/ etc., this will have impacts on agricultural production, food security, loss of common property resources, etc.

When any land use change and transfer of land takes place, MUDL will conduct an Environmental Impact Assessments, disclose the same in public domain in local languages and conduct public consultations. Based on these public consultations’ feedback, MUDL will develop Management Plans to mitigate/ mange the impact due to this land use change and implement the same. Land use change can be effected only after successfully implementing the mitigation/ management plans. The MUDL will however identify Forest and Range lands and ALASP will ensure safeguarding them.

MUDL NEPA Concerned City Municipalities

7 Vehicular Pollution MUDL will purchase vehicles for ALASP implementation and monitoring purposes.

MUDL will a) maintain its vehicles well as per the O&M schedule suggested by the vehicle manufacturer and suppliers, b) get all its vehicles checked and gets them certified for pollution under control, c) keeps its vehicles roadworthy, d) use fuels and oils from approved trust worthy sources, e) not use spurious fuels that cause pollutions, f) take care that there are no oil spills, g) instructs its garage/ workshop personnel collect all oils and grease for recycling, h) dispose of waste at designated places or handover waste to designated persons for processing, i) engage trained drivers and technicians for operation and maintenance and j) obtain third party insurance for all its vehicles and keep it in force always.

MUDL NEPA


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8 Awareness creation may not reach poor, vulnerable and women

This is taken care under the SMF. MUDL Concerned Municipalities

9 Citizen engagement may not take place

This is taken care under the SMF. MUDL Concerned Municipalities

10 Grievances of the poor vulnerable and women may not be redressed

A Grievance Redress mechanism is presented in this EMF.

MUDL Concerned Municipalities

MUDL will inform the World Bank when such incidences occur, with its plan of action for review. Further MUDL will submit summarized quarterly reports to the World Bank, on implementation of this EMF, as a part of the quarterly reporting on Monitoring and Evaluation of EMF implementation. 6.3 Grievance Redress Mechanism (GRM)

6.3.1 Objective of the GRM

MUDL will establish a Grievance Redress Mechanism (GRM) for ALASP, which will be implemented with the aim to respond to queries or clarifications about the project, resolve problems with implementation and addressing complaints and grievances. The GRM will focus on corrective actions that can be implemented quickly and at a relatively low cost to resolve identified implementation concerns, before they escalate to the point of harm or conflict. GRM will serve as a channel for early warning, helping to target supervision to where it is most needed and identify systemic issues. The GRM will directly focus on and seek to resolve complaints (and requests for information or clarification) that pertain to outputs, activities and processes undertaken by the Project, i.e., those which (i) are described in the Project Implementation Manual; (ii) are funded through the Project (including counterpart funds); and (iii) are carried out by staff or consultants of the organization, or by their partners and sub-contractors, directly or indirectly supporting the project. It is envisaged that such cases would fall under (but are not limited to) the following categories:

request for information, comment or suggestion, e.g., request for clarification as to the delay in issuing the OC or Title Deed or in reimbursing expenses of participants in a given training event;

violation of rights or non-performance of obligations, e.g., complaint by consultant or firm whose contract is suspended as a result of presumed poor performance or non-delivery of agreed-upon outputs;

grievances or offenses involving a violation of law, e.g., allegations of corruption; and

complaints against project staff, members of project committees, consultants, and sub-contractors involved in project implementation


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This section deals with the two levels at which the Grievance Redress Mechanism will be established, a) the Grievance Redress Committee at the Provincial Level and b) Project Grievance Redressal Committee at national level. Moreover, the legal options will be available to all the stakeholders. These arrangements are described below: 6.3.2 Grievance Redress Committee (GRC) The Grievance Redress Committee will be established at the provincial level under the chairmanship of the Head of MUDL Field Office for redressal of grievances of the stakeholders with the Communications Expert of the MUDL Field Office as the convener of this committees and provincial level heads of related departments (such as head of municipalities) as members (maximum 5) along with a community representative and a prominent Environmental Worker of the Province. It is proposed that the stakeholders first register their grievances with the GRC, which will be directed to the concerned MUDL Field Office for taking redressal measures. The GRC should review status of all matters/ grievances received during the next immediate meeting and initiate measures for redress of unresolved complaints. No grievance can be kept pending for more than a month which means the committee has to meet every month. Implementation of the redress rests with the GRC with due support provided by the MUDL field office. In case the aggrieved party is not satisfied with the proposed redress measures by the GRC, then the party can approach the MUDL Head Office for redressal. If the aggrieved party is not satisfied with the proposed redressal measures suggested by MUDL Head Office, then the party can approach the court of law or the larger nation-wide grievance redress systems in place. 6.3.3 Project Grievance Redress Committee (PGRC) In order to address grievances related to ALASP activities, which are escalated to MUDL Head Office, the PGRC is formed with the CEO, MUDL as chairman and Environmental Specialist at MUDL Head Office as the convener. The PGRC will also monitor and review the grievances filed at MUDL Field Offices. The composition of the committee will be with the following members:-

1. Environmental Specialist, MUDL 2. 4 representatives, one each from selected municipalities (to be rotated among

the municipalities on yearly basis) 3. A prominent academician (Environmental Scientist) 4. A prominent woman development professional 5. A representative of a prominent voluntary organization

This committee should meet every quarter to review the progress made in resolving grievances. This committee will also provide policy related direction to the Grievance Redress Committee and the participating departments with regard to project activities.


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Table 5: Grievance Redressal Mechanism

Level Agency Time period for redress of grievances

Issues likely to emerge

Functions/ Responsibility

Province Grievance Redress Committee

Maximum of one month

Delay in issuance of OCs and Title Deeds

Encroachment

Land Loss

Livelihood Loss

Compensation of losses

Land use change

Environmental Issues

Employment related

MUDL Field Office Head as Chairman and Communications Expert as the Convener.

National Project Grievance Redressal Committee

Maximum of three months

CEO, MUDL as Chairman and Environmental Specialist, MUDL as Convener and Environmental Specialist, MUDL as Member.

Each MUDL Field Office will maintain Grievances Registers and document/ log all the grievances and their redress. The Environmental Specialist at MUDL will consolidate this information at project level and forward quarterly reports to The World Bank. The Environmental Specialist at MUDL will consolidate all the environmental related grievances and forward quarterly reports to the World Bank. 6.3.4 Documentation of the GRM Processes The GRCs at each level will maintain the following three Grievance Registers that would, among others, help with monitoring and evaluation of the functioning of GRCs but also to document the processes of GRCs. The Grievance Register will have the following details:

Serial Number Case Number Name of Complainant Gender Name of Parent/Spouse Full Address of the Complainant Main complaint/grievance List of documents attached History of Previous complaint/grievance, if any Date of receipt of complaint/grievance Date of acknowledgement of complaint/grievance Date of field investigation, if any Date of hearing Decision of GRC at that level Progress – redressed, pending or rejected Key agreements/commitments Decision/Response of the complainant/grieved person


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Date, Mode and Medium of communication to complainant/grieved person Date of closing of complaint/grievance Whether appealing to next level – yes or no Whether or not seeking legal redress.

The grievance redress process will be a continuous, transparent and participatory process that would be an integral part of the project’s accountability and governance agenda. The GRC at each level will maintain the above mentioned Registers. The MUDL will also prepare quarterly reports on the grievance redress on the basis of reports received from the GRCs and send summaries to the World Bank. 6.3.5 Other Options Apart from the above, MUDL will commission a web-enabled grievance system through its website. It will provide for a Grievance Redress button on the home page of its website, where the aggrieved can file complaints. This button will be prominent and flashing on the home page itself. MUDL will receive anonymous complaints and will take up investigation, when warranted, upon preliminary enquiry. MUDL and its field offices will keep the identification details of the complainants as confidential, when requested by the complainants. 6.3.6 Legal Options to PAFs The aggrieved will have two kinds of options for addressing their grievance s relating to ALASP operations. One is the grievance redress mechanism incorporated in this framework, as above. The other is the general legal environment consisting of courts of law to address their grievance. These options will be disclosed to the aggrieved during the public consultation process. 6.3.7 Grievance Redress Service of The World Bank In addition to seeking to resolve their grievances through the GRM established at the government level, “communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project such as this operation may also submit complaints to the Grievance Redress Service (GRS) established by the World Bank. The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may also submit their complaint to the WB’s independent Inspection Panel, after having brought the complaint to the World Bank's attention through its GRS. Information on how to submit complaints to the World Bank’s Grievance Redress Service is available at http://www.worldbank.org/GRS. Information on how to submit complaints to the World Bank Inspection Panel is available at www.inspectionpanel.org.

6.4 Implementation Arrangements

http://www.worldbank.org/GRS

http://www.inspectionpanel.org/


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The following implementation arrangements are proposed to be in place for planning, implementation and monitoring of the environmental aspects. It is proposed that the following arrangements be put in place for this purpose. Table 6: Implementation Arrangements

Level Environmental Implementation and Monitoring Arrangements

Responsibility

National Environmental Specialist – 1 Overall responsibility for the entire project on environmental safeguards issues.

Provincial Communications Expert (1 per MUDL Field Office)

Community Engagement, Participation, Grievances, Communications, Gender, etc.

6.5 Monitoring The EMF requires detailed supervision, monitoring and evaluation of the impact of the project on environmental aspects. In order to carry out this, ALASP will have specific arrangements made at provincial and national level. This includes appointment of a Environmental Specialist at MUDL (presently existing) for the project period at national level and Communication Experts at Provision level (MUDL Field Offices). Further the MUDL will guide its field offices on the implementation of this EMF. Implementation of the provisions of EMF will be new to these staff and hence several orientations and trainings are proposed as a part of this EMF to build their capacity. The Environmental Specialist MUDL will be in charge of implementing the EMF. The Environmental Specialist will guide and oversee its implementation and will be supported at field level by Communication Experts. Further MUDL will incorporate the provisions of this EMF as actionable points in the Project Operations Manual or other similar document prepared for the project. The Environmental Specialist will oversee the application of these provisions and guide the process, while at the same time building the capacity of the field units. The following provisions include the arrangements made for the effective implementation and monitoring of the EMF: 6.5.1 EMF supervision All the provinces where ALASP is being implemented will be visited at regular intervals by Environmental Specialist to check if all environmental safeguard requirements are met and to identify any issues that need to be addressed. MUDL would submit quarterly progress reports to The World Bank on environmental safeguards implementation and monitoring.


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6.5.2 Environmental Indicators Once every year, the MUDL will prepare a report of the environmental safeguards status in the project districts including data and analysis of relevant parameters as given below:

Environmental Indicators

o Area of land surveyed by category

o Land transferred to infrastructure projects

o Land transferred to industrial projects

o Land transferred to public purpose projects

o Land for which land use is changed

o Number of environmental related grievances registered and resolved

(Disaggregated by gender)

o Number of court cases (Disaggregated by gender)

o Housing status

o Registration of properties Sale/Purchase

o Number of Staff Employed (Disaggregated by gender)

o Number of trainings held to workers on EHS

o Percentage or workers using PPE

o Water and Sanitation Facilities in the labour camps

o Insurance to labour against all risks

o Number of accidents on sites

o Number of trainings held

o Number of women trained

This report also should give a listing of relevant new legislation and regulations that have a bearing on the environmental performance of the project and will be submitted to The World Bank. The EMF will be suitably revised as and when required by the MUDL with the concurrence of the World Bank. 6.5.3 Half-Yearly Independent External Third Party MEAL (IETP MEAL) The concurrent internal environmental monitoring will be done as part of the regular monitoring by the MUDL and its field offices. However, Independent External Third Party Monitoring Evaluation Audit and Learning (MEAL) consultants appointed by MUDL, will do the half-yearly environmental monitoring and audit of sub-projects, on a sample basis, for environmental safeguards compliance. This component is to focus, apart from others, primarily on Environmental issues, Grievance Redressal, Citizen Engagement, Gender issues, Review of the Laws/ Codes and Policies/ Regulations drafted under ALASP. 6.5.4 Monitoring Plan

Given in the table below are indicators for project interventions, for which monitoring need to be taken up by MUDL and the field offices in a regular manner.


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Table 7: Monitoring Indicators

Monitoring Indicators Frequency Agency

Environment Related

Area of land surveyed by category

Area of land surveyed by category

Land transferred to infrastructure projects

Land transferred to industrial projects

Land transferred to public purpose projects

Land for which land use is changed

Number of environmental related grievances registered and resolved (Disaggregated by gender)

Number of court cases (Disaggregated by gender)

Housing status

Registration of properties Sale/Purchase

Number of Staff Employed (Disaggregated by gender)

Number of trainings held to workers on EHS

Percentage or workers using PPE

Water and Sanitation Facilities in the labour camps

Insurance to labour against all risks

Number of accidents on sites

Concurrent Monitoring by MUDL and its field offices

Half yearly IETP MEAL

Annually Reports by MUDL

MUDL guiding the collection of information on indicators

Field offices collecting information at field level

IETP MEAL consultants site visits and documents/ data review

Other

No. of training programs conducted

No. of personnel trained

Number of women trained

Achievement of learning objectives

Extent of application of methods, tools and techniques learnt during training

Concurrent Monitoring by MUDL and its field offices

Half yearly IETP MEAL

Annually Reports by MUDL

MUDL guiding the collection of information on indicators

Field offices collecting information at field level

IETP MEAL consultants site visits and documents/ data review

6.6 Capacity Building Strategy MUDL will give its ALASP staff and the participating agencies some exposure to the environmental safeguards issues. But the interactions with them reveal that, this mere exposure is not enough for preparing and implementing environmental management plans. They need to have awareness, sensitivity, skills and hands-on experience regarding the environmental aspects of project planning and implementation. For seamless adaption of the environmental principles and safeguards by project staff, awareness creation and capacity building becomes necessary. This capacity building and IEC strategy has been outlined as part of the EMF developed for the project aims


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at building environmental awareness and management capacity in the project administration structure as well as in the intended target communities. Capacity building for environmental management will be integrated with overall capacity building component of the project. 6.6.1 Objectives The objectives of the capacity building initiatives are:

To build and strengthen the capability of MUDL, participating agencies, to integrate sound environmental management into sub-project implementation.

To orient the MUDL and ALASP staff, participating agencies and communities to the requirements of the project’s EMF.

6.6.2 Approach Systematic capacity building initiatives need to be introduced only after completion of training needs assessment. All the trained staff and master trainers developed for different training components will in turn conduct onsite or offsite trainings (at provincial level) depending on training requirement. However, since capacity building goes beyond mere imparting training, institutionalization of best practices becomes a prerequisite for improved project environmental management. The training outcomes like trainees’ understanding of the training content, achievement of learning objectives, application of methods, tools and techniques learnt during training, etc. will need to be monitored. This will be done through periodic tracking of learning outcomes. 6.6.3 Training Providers In view of the specialized training and capacity building envisaged under the EMF of the project, it is necessary to identify training resources that will work closely with MUDL for conceptualizing, designing and conducting training programs on the EMF. MUDL will identify national and international experts to conduct these training. 6.6.4 Details of Training Programs 6.6.5 T1. Orientation/ Learning Training Programs Purpose of the training:

To orient the project staff at the project launch towards the environmental issues of the

project

To orient the project staff about the EMF and its importance, provision and

implications. There after annual orientation cum experience sharing and learning

training programs will be conducted.

To re-orient the project staff on the EMF and to share their experiences in

implementing the EMF


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To draw lessons learnt during the implementing the EMF and to incorporate them into

the EMF revision.

Participants: All Key officials of the project, participating agencies such as municipalities, NGOs and members of community institutions. MUDL will be responsible for selection of suitable candidates for the training, and the expense will be borne from the overall project capacity building budget and will be completed in the first year of the project. 6.6.6 T2. Training on the EMF and Management Plans Purpose of the training:

To equip with knowledge and skills necessary for undertaking environmental appraisal as per the requirements of the EMF and preparation of mitigation plans

To prepare for undertaking periodic supervision of implementation of environmental mitigation plans and performance of sub-projects

To apply community led system for Environmental Monitoring Participants: Key officials of the project, participating agencies (municipalities), NGOs and members of community institutions. MUDL will be responsible for selection of suitable candidates for the training, and the expense will be borne by the overall project capacity building budget and will be conducting as and when required in the first 3 years of the project. 6.6.7 T3. Training on Environmental Management Purpose of the training:

To equip with knowledge and skills necessary for meaningful participation in the environmental appraisal as per the requirements of the EMF

To prepare for planning and monitoring implementation of environmental mitigation measures identified through the appraisal process

To equip with skills necessary for Community Based Environmental Monitoring

Participants: Key MUDL Staff, Key Participating Agencies Staff, etc. MUDL will be responsible for selection of suitable candidates for the training, and the expense will be borne by the overall project capacity building budget and will be conducting as and when required in the first 3 years of the project. The MUDL field offices will be responsible for selection of suitable candidates for the training, and the expense will be borne by the overall project capacity building budget.

Table 8: List of Training Programs S. No. Topics Number of Trainings

1 T1 – Orientation and Learning Training 5

1 T2 - Environmental Management Framework 5


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2 T3 - Environmental Management 5

Total 15

About 20 to 30 trainees would participate in each of the training programs. It is intended that these trained persons will in turn provide onsite training to Participating Agencies ’ Staff, NGOs, resource persons, etc. onsite at provincial level. 6.6.8 Training Budget The total estimated cost of training on environmental management for staff of MUDL, participating agencies’ Staff, NGOs, etc. under the proposed ALASP is presented in the table below: Table 9: Training Budget

S. No. Training No. of Programs

Estimated Unit Cost in Afn.

Total Cost In Afn.

1 T1 5 500,000 2,500,000 2 T2 5 1,000,000 5,000,000 3 T3 5 1,500,000 7,500,000 4 Workshops (National) 5 1,000,000 5,000,000 5 Workshops (Provincial) 5 500,000 2,500,000 6 Provision for other

Training, Expenses, etc. 2,500,000

7 Total 25,000,000

6.7 Budget The total administrative budget for environmental management activities under the proposed ALASP has been worked out as Afn. 60 Million. The cost of implementing the proposed mitigation measures is not included in this costing. The cost of mitigating environmental impacts need to be included in the respective sub-projects’ budgets. The detailed breakup of the administrative budget is presented in the table below.

Table 10: Total administrative budget for environmental management activities

S No. Activity Amount in Afn. 1 Environmental Specialist at MUDL for 5 Years @ Afn. 150,000 per

month for 5 years - Cost borne by overall project budget. 0.00

2 Communication Experts at provincial level @ Afn. 100,000 per month for 5 years - Cost borne by overall project budget.

0.00

3 Training and workshops (as estimated) 25,000,000 4 External Independent Half-Yearly Environmental Audit from 2nd year

for 3 years 25,000,000

5 Preparation of specific Environmental related community awareness materials @ 500,000 per province for 5 provinces and 5,000,000 lakh at national level

7,500,000

7 Sub Total 57,500,000 8 Contingencies @ 10% 2,500,000 Total 60,000,000 Afn. 60 Million


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6.8 Means of Disclosure This Final EMF is disclosed on the project website along with the local language translation of the executive summaries. The documents along with the executive summaries in local languages, will be kept at the MUDL Office and MUDL Field Offices. These will be made available at the participating Municipal Offices for interested persons to read and copy. Apart from this, MUDL will place these documents on its website inviting feedback from the interested persons. MUDL will have no objection to place these documents on The World Bank’s website as well.


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7. Annexures 7.1 Annex 1: Public Consultation and Disclosure Workshop Subject: Meeting Minutes

Agenda: Consultation and disclosure of Environmental Management Framework (EMF)

and Social Management Framework (SMF) for Afghanistan Land Administration

System Project (ALASP)

Venue: MUDL Main Conference Hall

Date: 03rd December, 2018

Participants:

No. Name Organization Designation Phone

Number

1 Gul Rahman Totakhail MUDL Deputy CEO 0799237432

2 Sultan.M.Sultani MUDL- PPG Project Director 0797659797

3 Zahir Sultani MUDL Director- Cadastre 0705168815

4

Jamshed Ahmadzai MUDL-PPG Environmental and

Social Safeguards

Specialist

0786119333

5

Muhammad Reza Ministry of Urban

Development and

Housing

0772418854

6 Mohammad Ali Ministry of Finance 0779904175

7

Eng. Malalai Barekzai Ministry of Energy

and Water

Director- Energy

Policy

0744181213

0799827738

8 Zuahl Talash CoAR Program Officer 0797152084

9 Gul Agha Hemat MUDL Civil Engineer 0787006758

10 Khalid Noori MUDL Procurement Officer 0700247532

11 Rahimullah Sayeq MUDL Snr. Civil Engineer 0771815454

12

Shapoor Jabarkhail MUDL Snr. Procurement

Specialist

0789441242

13 Abdul Samad Abid NEPA ESIA- Engineer 0783123254

14 Nasir Ayoubi MUDL 0790602222

15 M. Ibrahim MUDL Sr. S/W Tech 07848805018

16 Said Shah Hamid MUDL- PPG Sr. IT Specialist 0788181816

17 Afifa Sadaat MUDL- PPG Gender Specialist 0790611559

18

Alif Khan Ministry of Public

Works (MoPW)

0798254100

19 M. Rafi PEASO CEO 0777347777

20 Sayed Yahya MUDL M&E Officer 0707070600

21 Awista Saba MUDL HR Officer 0703059280

22 Sadaf MUDL Executive Officer 0731035112

23 Shogofa MUDL HR Officer 0786707004

24 Tamanna Wira MUDL Database Officer 0706178542

25

Atefa Noory Ministry of Women

Affairs

Program Officer 0700800345

26

Hafeez.M Ministry of

Agriculture,

Extension Officer 0776912054


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Irrigation and

Livestock

27 Sima Bayat MUDL Gender Specialist 0794050219

28 Abdul Ghaffar Mateen MUDL- PPG P. Officer 0749407238

29 Waheedullah MUDL- PPG Admin Officer 0700244066

30 Nadia Toofan MUDL- PPG HR Specialist 0788951655

Minutes:

The meeting was called to order at 9:30 AM, as it started with 30 minutes delay in order to

receive more participants. The participants self-introduced themselves at the start of the

meeting. In his opening remarks Mr. Sultani welcomed the participants and explained the

overall objectives of the meeting. He explained the meeting agenda and the project related

information. He added that the main objectives of the meeting are to disclose EMF, SMF and

RPF prepared for the ALASP project and to consult the concerned stakeholders. He explained

the project development objectives of the ALASP project and added that the project is funded

by the World Bank Group and MUDL will implement the project within the planned timeframe.

He added that this project is designed to build and promote trust in land administration through

a series of measures and will support the development of the Afghanistan land administration

system. He also added that the ALASP project will provide the population in the Project area

with improved cadastre and property registry services. He stated that the project has three

components with subcomponents under each component. The objectives and implementation

strategy of each component; 1) Land Policy and Institutional Strengthening, 2) Developing

Technological Capacity, Information and Systems for Land Administration and 3) Project

Management, Monitoring and Evaluation, was explained in details. He requested the

participants to note their questions with regard to the project which will be answered at the end

of the meeting. He informed that the Environmental and Social Safeguards specialist will

deliver the presentation on EMF, SMF and RPF and after this the questions and suggestions of

the participants will be answered and taken into consideration, respectively.

Mr. Jamshed Ahmadzai, the project Environmental and Social Safeguards Specialist informed

that in compliance with the NEPA guidelines on Environmental Impact Assessment and the

World Bank Safeguards regulations, the environmental and social assessments and

management frameworks of developmental projects need to be disclosed and the concerned

stakeholders be consulted in the planning stage of the projects before the major decisions are

made. He added that the Environmental and Social Management Frameworks and Resettlement

Policy Framework for ALASP project are being disclosed to the public in this consultation

meeting. He informed that the executive summaries of these reports, in local language, are

already shared with concerned stakeholders and also published through the MUDL website.

He informed that three separate presentations on EMF, SMF and RPF will be made during the

session.

He explained about the project outcome indicators, project area and the beneficiaries of

ALASP. He informed that initially the project will be implemented in two priority provinces

of Kabul and Herat in urban and semi urban areas and upon successful implementation, the

project will be extended to other provinces throughout Afghanistan. He added that in order to

achieve the project objectives and adhere to the safeguard regulations, MUDL initiated the

preparation of EMF for ALASP. The EMF is prepared taking into consideration the applicable

laws and policies of the GoIRA and the safeguards of the World Bank. He added that the EMF


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comprises of environmental management plan, grievance redressal mechanism,

implementation arrangements, monitoring, capacity building and budget allocated for EMF

implementation throughout the project cycle. He explained in detail the approach and

methodology adapted for preparation of EMF and added that after disclosing the report it will

be finalized and would become an integral part of the project documents. Information on land

categories, tenure and rights was also explained in terms of private, public and state lands.

Mr. Ahmadzai added that ALASP interventions are soft activities which will not have any

significant impacts which are adverse in nature or unprecedented. The project is categorized as

category “B” in compliance with the World Bank Safeguard guidelines. He explained the

project’s positive and negative impacts. The project will provide land security to titleholders,

pave way to title deeds and as well provide ease in obtaining the title deeds and land transfer.

The other major positive impact of the project will be creation of the better ways for resolution

of the land related disputes. He added that the project may have some likely adverse impacts

which will be temporary and site specific. He informed that these will be mitigated through

proper mitigation measures. He explained some of the likely adverse environmental impacts

due to the project during the implementation stage. He explained the proposed mitigation

measures through proper environmental management and monitoring.

During the presentation on SMF, Mr. Ahmadzai mentioned the overall objectives of

preparation of SMF for ALASP and its importance throughout the project. He added that the

same approach anb methodology that was adopted for EMF was adopted for preparation of

SMF. The baseline and primary data was collected through sampling surveys. He explained

the sampling strategy for data collection. A total of 23 Focus Group Discussions (FGDs) with

different stakeholder groups (owners of formal/ informal properties, urban poor settlements

(slums), occupational diversity, gender, faith/ social status, etc.), 21 Key Informant interviews

(KII) with persons with the knowledge of Land Survey and Occupancy Certificates Process

and 80 households surveys 20 in each city based on the questionnaire developed were carried

out in the selected cities of Mazar-e-Sharif, Jalalabad, Herat and Kandahar. Profile of the

sampled communities in terms of average family size, sex ratio, literacy rate, occupation,

average income and sources, duration of ownership of land were also captured in detail. He

explained the responses of the people on the satisfaction of the land surveys and their

suggestions for improvement of Occupancy Certificate process were also captured.

At this point, Mr. Zahir Sultani, Director of Cadastre, has explained the key features of the OC

regulations. He added that the OC process is currently underway in six different cities which

will be extended to other cities in near future. He also explained the risk associated with the

process which may lead to the exclusion and also explained the management of those risks.

Mr. Ahmadzai added that the proper management of those risks is explained in the project

Resettlement Policy Framework (RPF), Social Management Framework (SMF) and Gender

Strategy and Action Plan. Further, he explained the broad principles of the Resettlement Policy

Framework (RFP). He provided information on the citizen engagement strategy and Grievance

Redress Mechanism for ALASP. He added that two Grievance Redress Committees (GRC),

one each at provincial and national level will be established to redress the grievances. The role

and responsibilities of both the committees was explained in details.

Ms. Afifa Sadaat, the project gender specialist explained that a gender assessment was carried

out for ALASP. The assessment was carried through conducting Focus Group Discussions

(FGDs), direct observations and Key Informant Interviews in Kabul, Mazar-e-Sharif and Herat


84

cities. To obtain comprehensive perspectives of communities, she added that they invited male

and female participants from a variety of backgrounds and educational levels to participate in

the FGDs.

Mr. Ahmadzai also presented information on project Citizen Engagement strategy. He said

that, this strategy will be achieved through stakeholder’s consultation, participatory planning

and monitoring. MUDL will develop an ICT citizen feedback model which will also be a

support to the project grievance redress mechanism, while this process will be monitored

through an independent third party monitoring throughout the project. The information on

project capacity building strategy was also discussed. He added that in accordance with the

project component 2, the project will enhance the capacity of MUDL and participating agencies

through orientation, learning programs, training programs on SMF, RPF and SMP, gender and

grievance management.

Towards the end of the session, Mr. Ahmadzai provided information that the implementation

of the EMF and SMF will be properly monitored through internal monitoring of social and

environmental indicators and a third party monitoring and evaluation audit. At the end of the

presentation the estimated budget for implementation of SMF and EMF was also discussed and

presented to the participants.

The participants were requested to seek clarifications and make suggestions on the frameworks

and the information provided during the consultation meeting.

Clarifications and Suggestions Session:

Questions Responses

1. Mr. Akram Salam- UN- Habitat

Why the people are insisting on reducing the

length of the issuance of OCs?

Mr. Zahir Sultani- Director- Cadaster

All of the features of this program are

designed with specific procedures, during

these five years span all the information

pertaining to background of ownership of

land will be identified. And MUDL has a

social contract with the property tenures

where during this time period all the issues

would be resolved through legal procedures

as mandated. And during the period people

should cooperate with the survey teams in

order to enable us to distribute the title deeds

within five years. We have many problems

with the land grabbing in Afghanistan and

the land administration cannot alone solve

these conflicts, so security organs and other

agencies are working together to tackle the

issues. This system is a valid system taken

from the model of Turkey, because both

countries are similar in terms of culture and

religion, and this system is better suited.

2. Eng. Malalai Barekzai – MoEW Mr. Zahir Sultani- Director- Cadaster

If the land is identified as government land,

the property certificate will be given to the

woman and the man in a joint form. In other


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Please explain information on joint OC of husband and wife

areas, people are free to choose to receive the

OC in whatever name they wish to, and this

matter is explained in the presidential decree

No. 305. But people do not want to give the

woman a document of ownership due to

customary rules and this is a traditional issue

in Afghanistan, which requires awareness

among the people. On issue of Wasseqa (a

legal document), agreement with the

Supreme Court have been signed to process

the legal cases.

Mr. Gul Rahman Totakhail- Deputy CEO

A private company “Al Madinah” has

invested around $ 16 million in this process

and developed a new technology that will be

implemented over the next 15 years with a

fair fee, and the IDPL-ALASP program will

be implemented using this technology in

which the land is recorded to the new system.

Segregation of land is carried out by a survey

and recorded in databases.

3. M. Rafi- PEASO

We have recorded the land of 14 provinces in our office database with a reliable back up system, and we are able to share this with MUDL


MUDL through technical surveys, uploads

all the coordinates and land related

information to the database system of land

bank automatically which cannot be used

inappropriately. This land system is new and

very reliable. We would also receive your

information if it could be of any assistance to

us in future.

Mr. Gul Rahman Totakhail- Deputy CEO

All the legal and technical issues are solved

by MUDL in coordination with supreme

court and Data protection measures are taken

to ensure that all information is protected.

4. Eng. Malalai Barekzai – MoEW

In the project procedure and

implementation plans, the rehabilitation

procedures should also be considered,

since some areas are under the threat of

environmental hazards and people should

be made aware of the issues and MUDL

should take action in preventing of

distribution of OCs in hazardous areas.

For instance, in Khwaja bughra area of

Kabul city, there are plenty of houses

below the overhead power lines with high


All plans have been made in coordination

with the municipalities and ministry of

Urban Development and housing. The

people will be benefited from the

municipality services and further

infrastructures.


86

voltage as the impact of which is very

dangerous to the people residing there.

Also MUDL should present a clear policy on

distribution of OCs in areas and houses

which has contributed in ruining the

landscape and beauty of the cities.

5. Abdul Samad Abid- NEPA

MUDL should have share the SMF and EMF with NEPA and seek their approval before it is proceeds for implementation.

Jamshed Ahmadzai – Environmental and

Social Safeguards Specialist

ALASP project is categorized as category

“B” in compliance with World Bank

Safeguards regulations, which have minor

and temporary impacts as they can be

mitigated through proper mitigation

measures. At the same time all the donor

agencies who are funding the government

project are exempted to seek the NEPA’s

approval for category “B” projects. However

we will share the documents which are

accessible through MUDL’s website and a

soft copy would be send to all the concerned

stakeholders.

6. Reza Haqjo- MUDH

As you have presented challenges in your presentation ahead of this project, but you did not recommend a solution and a joint mechanism to put in place with stakeholders and to better coordinate the program.

Jamshed Ahmadzai - Environmental and

Social Safeguards Specialist The likely impacts in terms of both

environmental and social are presented and

some of the proposed mitigation measures

were also explained. As they are likely

impacts and we are sure that it will be

mitigated through proper management. Also

it will make sure that the project will be

implemented in close coordination and

monitoring of sectoral ministries.

Mr. Sultani the project Director once again thanked the participants for attending meeting

session. The meeting ended at 12:20 PM.

Photos of the meeting:


87


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7.2 Annex 2: Screening, Checklists, Communications /Public Awareness for ALASP Sub projects

This Annex 2 comprises Attachments that will be applied to all civil works investment

schemes to be implemented under Components A and B of the ALASP.


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7.2.1 (a): Exclusion Criteria The exclusion criteria have been worked out to identify activities that would result in

serious environmental/social impacts and hence will not be considered for the ALASP

project. Such subprojects shall include:

Projects involving significant conversion or degradation of critical natural habitats.

Including, but not limited to, any activity within:

Ab-i-Estada Waterfowl Sanctuary;

Ajar Valley (Proposed) Wildlife Reserve;

Dashte-Nawar Waterfowl Sanctuary;

Pamir-Buzurg (Proposed) Wildlife Sanctuary;

Bande Amir National Park;

Kole Hashmat Khan (Proposed) Waterfowl Sanctuary Road passing through designated protected areas, as Reserved forests, Protected

forest Project requiring involuntary acquisition of land, or the resettlement or

compensation of more than 200 people and or land acquisition above 10% of total land holdings.

Roads types other than “province to province/district/district to village roads” Subprojects where voluntary agreement on adequate compensation for significant

social impacts cannot be reached between community and PAPs.


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7.2.2 (b): Chance Find Procedures 1. Chance find procedures are defined in the law on Law on the Preservation of Afghanistan’s Historical and Cultural Heritages and Artefacts (Official Gazette, April 16, 2004), specifying the authorities and responsibilities of cultural heritage agencies if sites or materials are discovered in the course of project implementation. This law establishes that all moveable and immovable historical and cultural artefacts are state property, and further: 2. The Archaeology Institute and the Historical Artefacts Preservation and Repair Department are both responsible to survey, evaluate, determine and record all cultural and historical sites and collect and organize all historical documents related to each specific site. No one can build or perform construction on the recorded historical and cultural site unless approved or granted permission or agreement is issued from the Archaeology Institute. (Art. 7) 3. All moveable and Immovable historical and cultural artefacts and heritage items that are discovered or remain buried and not discovered/excavated in Afghanistan are the property of the Islamic Republic of Afghanistan and any kind of trafficking of such items is considered theft and is illegal.(Art. 8) 4. Whenever municipalities, construction, irrigation or other companies (whether they are governmental or private) find or discover valuable historical and cultural artefacts during the conduct of their projects, they are responsible to stop their project and report any findings to the Archaeology Institute about the discovery. (Art. 10) 5. Any finder or discoverer of historical and cultural sites is obligated to report a find or discovery to the Archaeology Institute immediately but not later than one week if it is in the city and not later than 2 weeks if it is in a province. All discovered artefacts are considered public properties and the Government of Afghanistan will pay for all lands and sites which are considered to be of historical or cultural value. (Art. 19, 1) 6. Whenever there is an immovable historical and cultural site discovered which includes some movable historical and cultural artefacts, all such movable artefacts are considered public property and the owner of that property will be rewarded according to Article thirteen (13) of this Decree. (Art. 19, 2). 7. A person who finds or discovers a movable historical and cultural artefact is obligated to report the discovery to the Archaeology Department no later than seven (7) days if he/she lives in the capital city of Kabul, and in the provinces they should report the discovery to the Historical and Cultural Artefacts Preservation Department or Information and Culture Department or to the nearest governmental Department no later than fourteen (14) days. 8. Mentioned Departments in this article are responsible to report the issue to the Archaeology Department as soon as possible and the discoverer of the artefact will be rewarded according to Article 13 of this Decree. (Art. 26)


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9. Whenever individuals who discover historical and cultural artefacts do not report such discoveries to the related Departments within the specified period according to Articles 19 and 26 of this Decree, they will be incarcerated for a minimum of one (1) month but not more than a maximum of three (3) months. (Art. 75) 10. The above procedures must be referred to as standard provisions in construction contracts, when applicable. During project supervision, the Site Engineer shall monitor that the above regulations relating to the treatment of any chance find encountered are observed.


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7.2.3 (c): Environmental & Social Checklist for Screening of Subprojects

Project ID/title: Village:

Type of project: District:

Involved CDC name: Province:

Population: Male: Female: Total:

Start date of project: End date of project:

Nature of Subprojects Does the project fall in the below category ا Remarks

No

Environnemental Conséquences

N &P Impact (1)

Low impact (2)

Medium Impact (3)

High Impact (4)

1 Is the activity cause for Air pollution?

2 Is the activity cause for sound pollution?

3 Is the activity cause the cutting of hill slope and earth removal from borrow areas caused for soil erosion?

4 Will the activity create solid or liquid wastes that cause potential contamination of surface water and ground water supplies?

5 Is the project cause for substantial changes to water quality and quantity?

6 Does the activity cause the alteration of water flow?

7 Are there environmentally sensitive areas (protect area, forests, national parks or wetlands)?

8 Is the project cause vegetation and tree removing?

9 Is the activity threat the endangered and threatened species or hunting or the collection?

10 Is the activity cause livestock reduction?

11 Will the excavation and quarry operation effect the environment?

Social Consequences

12 Does the activity have human health and z risks, during construction or later?

13 Will the activity create the conflict among the people?

14 Will the activity cause loss of livelihood?

15 Are there unexploded mines are in the area?

16 Are there any Important cultural or archeological nearby?

17 Will the project require the acquisition of land (public or private, temporarily or permanently) for its development?

18 Will anyone be prevented from using economic resources (e.g. pasture, fishing


93

locations, forests) to which they have had regular access?

19 Will the project result in the involuntary resettlement of individuals or families?

20 Might the project adversely affect communities or vulnerable people living in the area?

21 Will the project negatively affects more than 200 PAPs?

22 Are there members of community/PAPs located along/ close to project who could benefit from this project?

Note: Circle one of the following screening conclusions for Part A: A1. If all answers to the checklist questions are “No” and significant impacts were not identified, then there is no need for further action. If Yes to question 21, then the subproject will be rejected A2. For any issues indicated by “Yes” and significant adverse impacts were identified then there is need for adequate mitigation measures through developing Environment and Social Management Plan EMP and should be part of project design. No further planning action is required. Implementation of the mitigation measures will require supervision by the applicant and the appropriate local authority. Establishing Extent of Loss: Extent of loss shall be determined primarily in terms of the portion of the land and / or structure coming within the road project. In order to establish extent of loss, the following category of losses will be considered: Minor impacts: Less than 10% of the total area Adverse impacts: Between 10 to 25% of the total area Severe impacts81: More than 25% of the total area (1) N and P impacts: Mark (N) for No impacts and (P) for positive impacts (2) Low Impacts: Mark (X) for Low impact. Low impact refers to activities with manageable impact to

environment by the community/contractors. (3) Medium Impacts: Mark (X) for medium impacts. Medium impacts refer to activities that involve additional

support and planning, implementation and monitoring of mitigation measures and EMP in order to decrease the poetical impact.

(4) High Impacts: Mark (X) for High impact. The significant adverse impacts that refer to activities that involves additional support and planning, full EIA, implementation and monitoring of mitigation measures. NEPA approval.

Checklist Filled Out by the Regional MUDL and verified by Environmental and Social Specialists Environment Specialist ……….… ………………… Signature: Date: Social Specialist ……….… …………………..…………. Signature: Date:


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7.2.4 (d) : Public Awareness (Prior to finalization of alignment/transect Walk)

Project ID: City:

Type of Project: District:

Name and signature of surveyor: Province:

What is the Project and its salient features

Benefits

Which Agencies are involved

What if resentment from community

Need for additional land

Likely Impacts and Entitlements

Establishment of GRC and Complaints registration.

Date of Transect Walk

00/00/00

Alignment Details on strip plan

Note: List of participants and the above points to be discussed and minute of meeting will be prepared accordingly.


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7.2.5 (e): Outputs of Transect Walk (After finalization of alignment/transect walk)

Modifications (if any) to minimize land width accretion and incorporating community suggestions through alterations/modifications on alignment ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

................................................................................................................................................ Regional MUDL: Signature: Date:

Project ID: District:

City Province

Start date: End date:

Identification of Environmental & Social sensitive location

Likely location for additional land requirement

Any Issues identified including whether land in question is subject to dispute

PAPs Identified including estimate of likely livelihood impact on individual PAPs

Suggestion from community


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7.2.6 (f): Environmental and Social Management Plans (A) Suggested scope of the EMP

Subproject

Activity

Potential

Environmental and

Social

Impacts

Proposed

Mitigation

Measure(s)

Institutional

Responsibilities

Cost

Estimates

Comments

(e.g. secondary

impacts)

Pre-

Construction

Phase (Design)

Construction

Phase

Operation and

Maintenance

Phase

(B) Contents of an EMP

A description of the possible adverse effects that the EMP is intended to address;

Identification of project design alternatives that would meet similar objectives, and a description of why these projects are not viable, especially if they have a lesser environmental or social impact;

A description of planned mitigation measures, and how and when they will be implemented;

A program for monitoring the environmental and social impacts of the project, both positive and negative;

A description of who will be responsible for implementing the EMP; and

A cost estimate and source of funds.

(C) Supervision of EMP

-Supervision of the EMP, along with other aspects of the project, covers monitoring, evaluative review and reporting and is designed to:

determine whether the project is being carried out in conformity with environmental and social safeguards and legal agreements;

identify problems as they arise during implementation and recommend means to resolve them;

recommend changes in project concept/design, as appropriate, as the project evolves or circumstances change; and

Identify the key risks to project sustainability and recommend appropriate risk management strategies to the Proponent.

It is vital that an appropriate supervision plan is developed with clear objectives to ensure the successful implementation of an EMP

Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted

Environmental Management Framework – Final Report February 2019

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7.2.7 (g): Indicative Environmental and Social Management Plan

The Environmental and Social Mitigation Plan clarifies the project activities, potential impacts, mitigation measures, objective, implementation method and its period, responsible authority and mitigation cost. Based on environmental and social screening, the negative impacts will be identified, and the required mitigation measures will be proposed.

Project Activity Negative Impacts Mitigation Measure

Objective Period of implementation

Authority Responsible

Mitigation Cost

Construction/rehabilitation of buildings (Land considerations)

Impact on local people’s livelihoods

The acquisition of land and properties (Govt. /private) will be carried out in accordance with the EMF and required annexes (see the attached annexes)

To ensure that people donate their lands voluntarily to the government’s project

To ensure that PAPs are not more than 200

Pre- operation phase

Community/PIU

0.Afs

Construction/rehabilitation of buildings (Cutting of trees)

Loss of environmental benefits from vegetation, disturbance in ecological function (dust and noise absorbance, aesthetic value etc.)

Minimize cutting of tree and vegetation, compensatory plantation of trees

Replant the same trees in adaptation and salubrious with the local environment during seasonal time

Tree plantation shall be maintained.

To ensure that the trees have been planted and are growing up

Cost to be included in Provisional sum of the Contract

Operation phases

Community/PIU/Contractor

0.Afs

Relocation of Community Utilities and Common Property Resources

Impacts on community Utilities and Common property resources

All CPRs (common property resources) such as stand posts, bore wells, graves, ponds, water supply lines, sewage lines, drainage systems and telephone cables together with electric power supply lines shall have to be removed and relocated outside the corridor before commencement of the access road improvement activity.

The relocation sites for CPRs shall be done in consultation with the local administrative authorities and people.

The aim of such precondition is to reduce stress to the local population and to prevent unnecessary loss of man-days along with law and other situations, accidents, and pollution and traffic problem.

Cost to be included under provisional sum of the contract

Operation phases


0.Afs



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Establishment of Camp Location and contractor facilities

Inappropriate location such as proximity to local community drinking water source, shrines Environmentally unsound use of community resources such as forestry products by workers

Selection of camp setting must be done with the consultation of local authority and local people.

Local people with the necessary skill shall be employed by the project.

Location of construction camps at least 500m away from community areas, and away from drinking water sources

To ensure camp sitting is considered at the design phase and community are consulted well in advance

To ensure camp is sited 500.m away from community area.

To keep the water sources uncontaminated.

The cost will be borne by the contractor.

Design Phase

Operation Phase


0.Afs The cost will be borne by the contractor

Make sure that the blasting do not put significant impacts on local people

The cost will be included in the relevant BOQ item.

Design Phase

Operation Phase


0.Afs

Road Rehabilitation

(Cutting and Excavation)

Cutting of hill slope and earth removal from borrow areas caused for soil erosion and landslides

Disposal of debris at proper sites or reuse material for construction

Proper restoration of borrow areas excavated soil and construction debris to avoid impacts

To ensure that construction material will not remain in the site.

The cost of safe disposal and restoration of borrow areas is the obligation of the contractor

The cost is included in the relevant BOQ item

Design Phase

Operation Phase


0.Afs



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Operation, excavation and transportation activities

Air pollution which may increase inspiration diseases among the local people

Minimize the working area.

Use water spray to wet down and dampen soil.

Dispose or reuse the excavated soil in construction debris.

Make sure that project’s activities do not produce air pollution which may increase respiratory diseases among the local people

Design Phase

Operation Phase


0..Afs The cost will be borne by the Contractor

Rehabilitation activities and transportation operations

Impacts on Flora and Fauna

(Impacts on Wildlife including birds due to Loss of Habitat

and Hunting)

Work only in day time, do not disturb wildlife and aware workers

Minimum site clearance, discouraging workers for collecting fuel wood from forest or hunting/harassing faunas

Refer to the list of endangered species of Afghanistan and notify NEPA for approval

Make sure that the project activities do not threat the endangered species of Afghanistan

Operation phase Community/PIU/Contractor

0.Afs

Rehabilitation activities near to environmental sensitive area

Location in unstable areas or in sensitive areas to be avoided. Location in unstable areas or on agricultural land. Location in dry river near to the bridge may increase risk of bridge damages by the flood.

Only stable areas and existing or new government approved sites may be considered

Location in area with stable soil and away from agricultural land or near water resources and human settlements.

To avoid any possible conflict among community

To avoid from any possible risk to the bridge

Design phase

Operation Phase


0.Afs

Water parameters

Rehabilitation activity around water bodies

The water canal will be damaged and disturbed by Bridge’s approach Rd

Alteration of water flow

(Land and canal bank destruction due to flood surface)

A stone pitching wall in both side of seasonal canal or displacement of canal.

The protection wall should be constructed in the both side of gully and the length of protection wall is parallel to the direction of water flow.

To avoid any possible disturbing for community’s land and to keep safe the village seasonal canal.

Design Phase

Operation Phase


0.Afs

Excavation of quarries and borrow pit location

Quarry operation and its potential effect on instability, landslide Water pollution, damage to

Quarry shall not be done near surface water sources.

To avoid landslides and erosion

Design Phase

Operation


0.Afs



100

farmland, disturbance in natural drainage

Take soil/rock from approved borrow areas, barren areas, or vendors; store soil and debris to avoid erosion; dispose to existing dumps or reuse excavated soil and construction debris.

Proper selection and management of quarry sites, rehabilitation of quarry sites after completion of work.

To keep water sources clean and stable

Phase

Labourers and workers who involve in operation activities

Damages and injuries will happen among the workers

Supplying the required safety equipment including Helmets, Gloves, Eyeglasses, Boots and Jackets

Availability of First Aid Box and other necessary safety equipment for the workers.

Development of safety procedures and operational manual.

To safeguard the health and safety of workers.

To ensure that people undertaking these tasks know exactly what is to be done.

Operation

Phase


0.Afs

Total Cost

000,000.Afs


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7.2.8 (h): Environmental Mitigation approaches and their coverage

Activities generating Impacts

Key Issues Addressed

Project Preparation (Planning & Design)

Incorporation of environmental concerns in project preparation to minimize impacts in construction and operation stages

Avoidance of roads through sensitive (exclusion list) areas as reserved forests/sanctuaries/wetlands etc.

Compliance with legal requirements.

Site Preparation Relocation of utilities, common property resources

Avoidance of effect on roadside vegetation

Construction Camps Avoidance of sensitive areas for location of construction camps

Arrangements and workshops and appropriate camp facilities for workers and construction equipment

Borrow Areas Avoidance of agriculture lands as borrow areas

Redevelopment of borrow areas

Topsoil Salvage, Storage & Replacement

Topsoil removal from areas temporarily/permanently used for construction

Reuse of topsoil at areas to be re-vegetated and in agriculture lands

Quarry Management Reinstate abandoned quarries as measure to avoid malaria breeding

and fill for safety.

Water for Construction Extraction of water in water scarce areas with consent of community

Scheduling construction activities as per water availability

Slope Stability and Erosion Control

Slope stability along hill roads

Protection of land on hill side from stability loss due to cutting

Protection of lands on valley side from debris due to construction

Adequacy of drainage for erosion control

Waste Management Reuse of cut material in hill roads

Safe disposal of wastes

Water Bodies

Minimize disruption to natural water courses

Protection of embankment slopes in case of alignment on embankments

Rehabilitation of water body

Drainage Conduct of hydrological investigations during project preparation

Provision of longitudinal and cross drainage as per requirements

Proper location of drainage outfall

Construction Plants & Equipment Management

Maintenance of machinery and equipment to avoid pollution

Public and Worker’s Health & Safety

Provision of Safety Officers

Protective Equipment to workers

Provision of basic necessities to workers

Public safety while travel along construction sites

Public safety during operation of the road

Cultural Properties Avoidance of impacts due to project

Protection of boundaries from impacts due to construction

Tree Plantation Avoidance of impact on trees

Regional MUDL: Signature: Date:


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For every single felled tree , two trees of local species will be planted by the project authorities

Encourage growing of trees on roadside

Natural Habitats

Identification of natural habitats

Management measures for roads passing through natural habitats (EMP)

Structure of management plan

Health and Safety Ensure worker personal protection equipment (PPE) and availability

Availability of First Aid Kit and selection of proper site for workers camp and facilities availability including personal hygiene.

Ensure training for worker to raise their awareness and provide them with the code of conduct to consider communities safety especially women, in terms of harassment, robbery, walking in women’s laundry places, etc.


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7.2.9 (i): Environment and Social Monitoring Plan Template

13 Take from Environmental Survey Checklist, example: low impact on reducing soil fertility. 14 Take from Environmental Survey Checklist 15 Example: visual inspection, site report, photos, etc. 16 Example: once per week, upon the milestone completion, etc. 17 Acceptable/Additional action needed 18 YES/NO 19 Environmental Specialist, etc.

No. Impact13 Description of Mitigation Measure14

Monitoring Methods15

Monitoring Frequency16

Monitoring Results17

Corrective Action Needed18

Responsible person19

1

EX: increased dust, burning of waste or using fossil fuels.

Minimize the working area. Use water spray to wet down and dampen soil. Dispose or reuse the excavated soil in construction debris.

Site report, photos and visual observation

Each two week

50% done

No

Environmental Specialist

2

3

4 5 6 7

ESM’s specifications (use this space if corrective actions needed):


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7.2.10 (j) Environmental and Social Guidelines for Contractors 1 INTRODUCTION The following set of construction management guidelines will be part of the contractual agreements for each sub-project. The contractor is obliged to comply their day to day site activities. 2 PURPOSE The purpose of these environmental management guidelines for contractors is to define minimum standards of construction practice acceptable to the Project Implementation Team (PIT). 2.1 Applicable Codes, Standards and Legislation There are various environmental regulations and standards which cover environmental and related matters, and these are referred to as applicable in this Guideline. Notwithstanding those references, compliance with them shall not discharge the Contractor from complying with any other legislative requirements applicable at the time of construction activities. 2.2 The Site The Site, for the purposes of these Guideline, is defined is any land which lies within the rehabilitation scheme, as defined on the PIT plans and sections which have been provided to the contractor. 2.3 Construction Camp Construction Company (contractor) should install the Construction Camp on areas far enough from water points, houses and sensitive areas in consultation with the community and GCS and get approval from PIT. He/she should select the good quality sanitary equipment and install it in Construction Camp. 3 ROADS AND FOOTPATHS 3.1 Temporary and Permanent Closures and Diversions In order to carry out the rehabilitation works, it may be necessary to close or divert certain specified main road and footpaths, either permanently or temporarily during the construction period. It is the Contractor’s responsibility to finalize the arrangements for these closures and diversions with the PIT. After breaking up, closing or otherwise interfering with any street or footpath to which the public has access, the Contractor shall make such arrangements with the PIT as


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may be reasonably necessary to cause as little interference with the traffic in that street or footpath during construction of the Rehabilitation works as shall be reasonably practicable. Wherever the rehabilitation works interfere with existing public or private roads or other ways over which there is a public or private right of way for any traffic, the Contractor shall construct diversion ways wherever possible. The standard of construction and lighting shall be suitable in all respects for the class or classes of traffic using the existing ways, and the widths of the diversions shall not be less than that of the existing way unless otherwise agreed with the PIT. Diversion ways shall be constructed in advance of any interference with the existing ways and shall be maintained to provide adequately for the traffic flows. The provisions of this Clause shall not apply to any temporary access or accommodation works, which the Contractor may construct for his sole use in the execution of the rehabilitation works. 3.2 Pedestrian Routes The Contractor shall ensure that reasonable pedestrian routes are provided throughout the construction period and in relation thereto shall meet the following requirements, where practicable:

Any temporary footways and carriageways shall have uniform surfaces and should have no steps.

All temporary footways and ramps must be surfaced in non-slip material and kept free of mud and debris.

The existing pavement width along the main roads shall be maintained. All openings or obstructions on the carriageways and footway shall be

barricaded with a continuous rail. All pedestrian routes diverted onto the carriageway shall be clearly defined by

continuous barriers. 3.3 Maintenance and Repair of Footpaths and main Road The Contractor shall take every possible precaution to prevent its operations, whether by carting or otherwise, from damaging the roads and footpaths in the vicinity of the rehabilitation works. The Contractor shall carry out all such maintenance works as are necessary to maintain the roads and footpaths in the vicinity of the works in a serviceable condition to the approval of the PIT. 3.4 Lorry Movements


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The Contractor, its sub-contractors and suppliers moving large and/or heavy loads, construction plant, materials and spoil (including vehicles used for carrying such when running empty) shall limit the use of public highways as far as is reasonably practicable. Routes will be agreed with the PIT and communities in advance. Vehicles arriving or leaving the site shall do so during normal working hours, unless otherwise agreed with the PIT. The Contractor shall take all reasonable measures to ensure that delivery vehicles do not park on the highways prior to entering the Site. The Contractor when entering into any sub-contract for the execution of any part of the rehabilitation works or the supply or transport of heavy loads, construction plant, materials or spoil shall incorporate in any such subcontract provisions requiring the sub-contractor or supplier to comply with the requirements of this Clause. 3.5 Mud on Roads The Contractor shall take strict measures to minimize the spillage of mud on roads arising from excavation works.

These will include, but not necessarily be limited to: The provision of wheel washing facilities. Regular cleaning to remove any mud or debris deposited by site vehicles on

roads, footpaths, gullies or drains in the vicinity of the site. The complete sheeting of the sides and tops of all vehicles carrying mud or

debris. The Contractor shall ensure that vehicles are loaded in such a manner as to

prevent spoil falling off during their journey. The Contractor shall also comply with the requirements regarding dust as

outlined in this guideline. 3.6 Traffic Safety and Control (Traffic Safety Measures) The Contractor shall provide, erect and maintain such traffic signs, road markings, lamps, barriers and traffic control signals and such other measures as may be necessitated by the construction of the Rehabilitation works to the approval of the PIT. The Contractor shall not commence any work that affects the public highway until all traffic safety measures necessitated by the work are fully operational. The Contractor shall keep clean and legible at all times all traffic signs, road markings, lamps, barriers and traffic control signals and he shall position, reposition, cover or remove them as required by the progress of the works and to the approval of the PIT 3.7 Site Access


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All access from the Site onto the highway shall be of sufficient width to accommodate two-way traffic wherever practicable. Traffic signs shall be provided for each access as follows:

As advance warning of the approach. “Give Way” signs for control of traffic leaving the Site.

The precise location of each sign shall be determined by the Contractor to the satisfaction of the PIT. 3.8 Access across Site and to Frontages In carrying out the Rehabilitation works, the Contractor shall take all reasonable precautions to prevent or reduce any disturbance or inconvenience to the owners, tenants or occupiers of adjacent properties, and to the public generally. Subject to the provisions of these guidelines, the Contractor shall maintain any existing right of way across the whole or part of the Site and public and private access to adjoining frontages in a safe condition and to a standard not less than that pertaining at the commencement of the contract. Alternatively, the Contractor shall provide acceptable alternative means of passage or access to the satisfaction of the persons affected. The Contractor shall provide and maintain any guard rails, fences, gates, lights, bridges, paving’s, steps etc. needed and they shall be of such size, strength and construction as will be adequate for their purpose. In carrying out the work immediately adjacent to occupied premises outside the Site, the Contractor shall proceed with minimum inconvenience and disturbance to occupiers and users. Access to and from such premises shall be maintained at all times, except as may be essential. The Contractor shall render every assistance to occupiers of premises affected by the Rehabilitation works to enable them to get materials or goods into or out of their premises. 3.9 Access to Agricultural Lands The Contractor must liaise with local farmers to ensure that construction plans are scheduled to minimize disturbance (e.g. through reducing access or interrupting irrigation water supply) to existing agricultural lands during key periods in the crop timetable, such as sewing and harvest. These schedules must be agreed with the PIT as part of the EMP before construction commences. 4 WATER AND SOIL PROTECTION 4.1 Waste Water and Groundwater


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Provisions for construction site drainage along the route of the Rehabilitation works will be achieved via the development and implementation of an appropriate site drainage plan. The plan will include measures to ensure that surface water runoff is contained and managed appropriately, as described below. Such provisions will also prevent washout from temporary construction laydown and storage areas into local watercourses. All waste water and site discharges shall only be permitted where the effluent quality and discharge location is acceptable to the PIT. Effluent will pass through treatment facilities such as sediment traps and/or settlement lagoons, as appropriate, before being discharged. The Contractor will ensure that all treatment facilities are regularly inspected and maintained. The Contractor shall make provisions to ensure that oil drums and containers or other potential contaminants stored on the Site are properly isolated and that no oil or other contaminants are allowed to reach watercourses or groundwater, including aquifers. In particular, soil bunds should be constructed around fuel or chemical storage areas to isolate spillages; covers should be used to prevent erosion from exposed heaps, which should themselves be positioned away from watercourses; and adequate sanitation facilities (e.g. latrines) should be in place for the workforce. In addition, an appropriate fuel and chemical handling protocol and contingency planning to prevent and limit impact from spills should be in place prior to any construction taking place. 4.2 Water Supply Conflicts The Contractor must ensure that the workforce have adequate access to a safe water supply, which is not provided to the detriment of services to the local population. If there is a risk of competition for limited water resources, then the Contractor must ensure that the local supply is not affected, and that workforce is provided with an alternative source if necessary (e.g. tinkered and stored water). 4.3 Soil Protection All contaminated land, whether existing or as a result of accidental spills during construction, must be treated in the manner approved by the PIT during their pre-construction surveys. The Contractor must also take every precaution to avoid unnecessary soil compaction, e.g. by minimizing the use of heavy equipment. 5 NOISE AND WORKING HOURS 5.1 Working Hours The normal working hours shall be 0700 – 1900.


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These hours of work do not apply to equipment which is required to operate continuously (e.g. for safety reasons). At certain sites, different working hours shall apply. These will be as agreed between the Contractor and the PIT. In general, night-time working shall be kept to a minimum. However, for some sites where night-time working is required it shall be agreed with the PIT. Additional or alternative working hours needed for emergency reasons shall be advised to the PIT. 5.2 Noise Control The Contractor shall have a general duty to take all practicable measures to minimize nuisance from noise. This includes:

Respecting normal working hours in or close to residential areas. Maintaining equipment in good working order so that extraneous noises from

mechanical vibration, creaking and squeaking are reduced to a minimum. Shutting down equipment when it is not directly in use (except where the

equipment is required to run continuously). 6 DUST AND AIR POLLUTION 6.1 Dust The Contractor shall take all necessary measures to avoid creating a dust nuisance during both construction and demolition works. Measurers to prevent dust shall include the following practices:

The enclosure of material stockpiles at all times and damping down of dusty materials using water sprays during dry weather.

Control of cutting or grinding of materials on site. The complete sheeting of the sides and top of all vehicles carrying spoil and

other dusty materials. Watering of unpaved surfaces and roads. Limit vehicle speeds on unpaved surfaces to 35 kph.

6.2 Air Pollution The Contractor shall take precautions to prevent the occurrence of smoke emissions or fumes from site plant or stored fuel oils. Plant shall be well maintained and measures shall be taken to ensure that it is not left running for long periods when not directly in use. 7 DISPOSAL OF WASTE AND CONTAMINATED MATERIALS 7.1 Waste


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As part of the EMP, the Contractor will develop a management plan which will identify:

The waste category and quantities of materials generated; Opportunities for recycling and/or re-use; and Disposal routes and licensing requirements.

Spoil arising from the works which is classed as “acceptable fill” will wherever practicable be used in construction works. Disposal sites e.g. landfill will be identified by the Contractor in consultation with the PIT. 7.2 Contaminated Land and Materials Any contaminated material encountered will be dealt with in compliance with relevant regulations and instructions from the PIT. The PIT will identify those areas within the Site where contaminated land may be encountered. The Contractor will be required to:

Develop transportation and other management procedures to be followed; Ensure that removal and disposal of contaminated materials complies with

local environmental regulations. 8 ECOLOGY 8.1 Protection of Mature Trees Loss of trees will be avoided wherever possible. Adverse effects on all trees within or in the vicinity of the Site shall be minimized by the adoption of suitable mitigation measures, including, but not limited to the following (Where appropriate):

Selective removal of lower branches in an approved manner, to reduce mechanical damage by construction plant;

The use of matting around the root zone to prevent excess soil compaction; The use of paling around the trunk to prevent damage; and Notwithstanding (ii) above, construction activities shall be controlled in the

vicinity of all trees so as to minimize excessive compaction of the ground beneath the entire canopy of the tree. No heavy materials or plant shall be stored, and construction traffic movements shall be controlled, within the areas.

8.1 Tree Replacement Any tree that is damaged or cut down without approval or dies as a consequence of the construction shall be treated or be replaced by a suitably sized transplant to the approval of the PIT. 9 SITE BOUNDARIES/HOARDINGS


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The Contractor shall liaise with the PIT to decide upon which (if any) areas of the site should be fenced from public ingress. 10 SITE ACTIVITIES 10.1 Good Housekeeping The Contractor shall follow a “good housekeeping” policy at all times. This shall include, but not necessarily be limited to, the following requirements:

Open fires will be prohibited at all times; Rubbish will be removed at frequent intervals and the site kept clean and tidy; Hoardings shall be frequently inspected, repaired and re-painted as necessary; Adequate toilet facilities shall be provided for all site staff. Toilets shall be kept

clean; Food waste shall be removed frequently; The wheel washing facilities area shall be brushed clean frequently. Lorries shall enter and exit the Site in a forward direction. All loading and unloading of vehicles shall take place off the public highway

wherever this is practicable 10.2 Living Accommodation No living accommodation will be permitted on the Site except with the approval of the PIT. 10.3 Clearance of Site on Completion The Contractor shall clear up all working areas both within and outside the Site and accesses as work proceeds and when no longer required for the carrying out of the Rehabilitation works. All surplus soil and materials, temporary roads, plant, sheds, offices and temporary fencing shall be removed, post holes filled and the surface of the ground restored as near as practicable to its original condition. 10.4 Pest Control The Contractor shall ensure that the risk of infestation by pests or vermin is minimized by adequate arrangements for the disposal of food waste or other material attractive to pests. If infestation occurs, he shall take the necessary action to deal with it. 10.5 Use of Existing Structures


112

The Contractor shall not locate stockpiles for materials, stores, plant or temporary works upon or adjacent to or under existing structures such as bridges, viaducts, towpaths, walls and embankments in such a way as to endanger these structures. 11 SAFETY 11.1 Emergency Contacts and Procedures The Contractor shall prepare and maintain an Emergency Contacts Set of Procedures for each work site which shall be displayed prominently at each site. These Procedures shall be followed in any site emergency. They shall contain emergency phone numbers and the method of notifying local authorities/services for action by the Contractor and the PIT. Copies of the Procedures will be issued to the PIT and the Police. Emergency telephone numbers for the Contractor’s key personnel shall also be included for the PIT’s use in an emergency. 11.2 Use of Explosives The use of explosives shall not be permitted except in exceptional circumstances. Prior approval from the KMDP shall be obtained. 12 PROTECTION OF EXISTING INSTALLATIONS 12.1 Safeguarding The Contractor will be required to make his own investigations and to take all appropriate actions concerning existing foundations, buildings, structures, walls, roadways, sewers cables and other services, apparatus and installations. The Contractor shall properly safeguard all buildings, structures, works, services or installations from harm, disturbance or deterioration during the concession period. The Contractor shall take all necessary measures required for the support and protection of all buildings, structures, pipes, cables, sewers, railways and other apparatus during the concession period.