Republic of Azerbaijan: Water Supply and Sanitation Investment Program (Tranche 2)

Transcription

1 Appendix 5 Resettlement Planning Document Land Acquisition and Resettlement Plan for Subprojects Under Tranche 2 (Goychay, Nakhcivan, Beylagan, and Agdash) Document Stage: Final November 11, 2011 Republic of Azerbaijan: Water Supply and Sanitation Investment Program (Tranche 2) Prepared by AzerSu, Government of Republic of Azerbaijan for the Asian Development Bank.

2 CURRENCY EQUIVALENTS (as of 30 June 2011) Currency Unit = Azeri Manat (AZN) AZN1.00 = US $ 1.2 US $1.00 = AZN 0.80 ABBREVIATIONS ADB Asian Development Bank AzerSu AZERSU Joint Stock Company EA Executing Agency ha Hectare IA Implementing Agency JSC Joint Stock Company MFF Multitranche Financing Facility PMF Program Management Facility RF Resettlement Framework SAIC State Amelioration and Irrigation Committee SAWMA State Amelioration and Water Management Agency WSS Water Supply & Sanitation WWTP Wastewater Treatment Plant (i) (ii) NOTES The fiscal year (FY) of the Government of Azerbaijan ends on 31 December. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2008 ends on 31 December In this report, "$" refers to US dollars This Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area

3 CONTENTS I. INTRODUCTION... 1 II. SUBPROJECT DETAILS... 1 A. Gochay Subproject... 1 B. Nakhcivan Subproject... 1 C. Beylagan Subproject... 2 D. Agdash Subproject... 2 III. DESCRIPTION OF LAND ACQUISITION AND RESETTLEMENT (LAR) IMPACTS... 4 A. Temporary Land Acquisition and Resettlement Impacts... 4 B. Permanent Land Acquisition and Resettlement Impacts... 4 C. Impact on Access to Land... 5 D. Impact on Structures... 5 E. Impact on Business... 6 F. Relocation Impact... 6 IV. PROFILE OF THE AFFECTED HOUSEHOLD... 6 A. Indigenous People... 7 V. COMPENSATION AND ENTITLEMENT... 7 A. Policy Framework and Entitlement Matrix... 7 B. Compensation, Relocation, and Income Restoration... 8 C. Total compensation... 8 D. Actions to Address Temporary Impacts... 8 VI. PUBLIC PARTICIPATION, CONSULTATION AND GRIEVANCE RESOLUTION... 9 VII. ORGANIZATIONAL SET-UP VIII. BUDGET IX. IMPLEMENTATION SCHEDULE... 11

4 1 I. INTRODUCTION 1. Azerbaijan Water Supply and Sanitation Investment Program (the Program) aims to improve the water supply and sanitation systems in Azerbaijan through rehabilitation, improvement and/or construction of water supply and sanitation systems of in the country s urban settlement. The Program will be financed through a Multi-tranche Financial Facility (MFF). 2. Subprojects under the program entail construction of water reservoirs, waste water treatment facilities and distribution networks that could potentially entail acquisition of land and resettlement (LAR) impacts. In order to address such impacts, the Program has developed a Land Acquisition and Resettlement Framework (LARF) in accordance with the Azerbaijan Government policies on land acquisition and in consonance with the ADB Policy on Involuntary Resettlement. Tranche 1 of the Program was approved in 2009 and is under implementation. Civil works in Tranche 1 do not involve land acquisition and resettlement. 3. For Tranche 2, WSS investments are proposed in four towns (Goychay, Nakhcivan, Beylagan, and Agdash). None of these investments are expected to involve permanent land acquisition and resettlement except for Beylagan which will displace a household using state land for its sheep farm. Figure 1 shows the layout of the Beylagan Subproject, including the wasterwater treatment plant where permanent impacts is expected. Some temporary impacts may occur during the subproject implementation which need to be managed and monitored. This Land Acquisition and Resettlement Plan (LARP) has been prepared to address both permanent and termporary impacts from the proposed civil works under Tranche 2 as required under the Program LARF agreed between ADB and the Government of Azerbaijan in 2009 and the ADB Safeguard Policy Statement (2009). II. SUBPROJECT DETAILS 4. The proposed subprojects under Tranche 2 will improve and expand the water distribution system and wastewater treatement in the project areas. Civil works include the following: A. Gochay Subproject (target completion: end of 2013) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) new wells and water intake structures; new reservoirs of 5,000 cum and pumping stations; new 110 km water distribution network; 7,300 water house connections; 11 km new transmission line; Disinfection and laboratory facilities; 96 km new sewerage collection network; 5,750 sew house connection; and, new 15,000 m 3 /day capacity wastewater treatment plan (WWTP) to cover Goychay town and some villages in the urban periphery B. Nakhcivan Subproject (target completion: end of 2014) (i) (ii) (iii) construction of a 176.6km sewerage system construction of a 200.9km water distribution network; and construction of a 53,000 cum/day capacity new waste water treatment plant

5 2 Appendix 5 C. Beylagan Subproject (target completion: end of 2013) (i) new wells and water intake structures; (ii) new reservoirs of 1,000 cum (2*500 cum); (iii) new pump station and 8.5 km transmission line; (iv) new 80 km water distribution network; (v) 3,363 house connections; (vi) disinfection and laboratory facilities; (vii) new administration building in the town; (viii) new workshop facilities; (ix) new 79 km sewerage collection network (x) 2,731 sewer house connections; and (xi) new wastewater treatment plant (WWTP) with installed capacity of 5,000 m3/day, which would cover Beylagan town and some villages in the urban periphery. D. Agdash Subproject (target completion: end of 2013) (i) new wells and water intake structures (ii) new reservoirs of 4,000 cum (iii) new 147 km water distribution network (iv) 7,626 water house connections (v) 1 km new transmission line (vi) Disinfection and laboratory facilities (vii) New 121 km sewerage collection network (viii) 5235 sewer house connections (ix) New wastewater treatment plant (WWTP) with installed capacity of 10,000 m3/day which would cover Aghdash town and some villages in the urban periphery

6 Figure 1: Layout of Beylagan Water Supply and Waste Water Collection System Appendix 5 3

7 4 Appendix 5 III. DESCRIPTION OF LAND ACQUISITION AND RESETTLEMENT (LAR) IMPACTS A. Temporary Land Acquisition and Resettlement Impacts 5. The water supply trunk line, distribution networks, and sites for facilities/laboratories in all the four subprojects will be laid along the right of way (ROW) of existing roads and stateowned lands and therefore will not involve acquisition of privately owned land. Potential adverse impacts, if any, will be limited to some temporary disturbance caused by contractors during the construction activities and laying of water supply networks or for borrow pits, dump sites, storage areas and similar other purposes. However, these impacts will only be known during subproject implementation. Safeguards will be needed to ensure that contractors address these impacts based on the provisions of the LARF. B. Permanent Land Acquisition and Resettlement Impacts 6. As indicated earlier, one household that presently occupies the site proposed for the Beylagan Wastewater treatment plan will be permanently affected. The EA considered two options for the improvement of the water supply and sanitation facilities for Beylagan town and the Design and Supervision Consultants carried out detailed engineering survey and design for both options. The option with the least land acquisition and resettlement impact was selected. 7. Wastewater Treatment Plant. The total land required for the WWTP is estimated at 3.5 Ha. In addition, the Land Identification Commission1 identified land for the sludge disposal and the Beylagan District Authority signed a Statement Act on 15 August 2011 for assignment of 2 Ha land for sludge disposal. Land required for the wastewater treatment plant is State-owned (pedigree sheep breeding enterprise). The Beylagan District Authority through Decrees 79 dated 22 December 2008 and 3 dated 29 January 2009, allocated land from the state and municipality owned areas for the WSS, WWTP and other associated facilities. Table 1 shows the land ownership status of the sites to be required for the Wastewater treatment plan and associated facilities for the Beylagan subproject. Table 1: Beylagan Subproject: Land Ownership Status of Sites for Facilities Component Area of land Ownership status Boreholes, intake chamber, pumping station and associated facilities 1.72 Ha at the Alinazarli village Ministry of Ecology & Natural Resources land transferred to Beylagan Sukanal Reservoirs, pump station, intake 1.23 Ha at the existing reservoir Beylagan Sukanal chamber, water treatment facilities Sewage treatment plant and associated facilities Administrative building Industrial base/workshop site 3.5 Ha at state land The land is part of a defunct soviet time collective farm. The entire area is fallow. The town Executive Power has transferred 3.5 ha to Beylagan Sukanal 0.16 Ha existing site within town limits 1.0 Ha existing site within town limits Originally belonging to municipality, now transferred to Beylagan Sukanal Sludge disposal area 2.0 Ha state land The land was transferred to Beylagan Sukanal Source: Azersu JSC. 1 See attached statement act for the names of commission members

8 Appendix Although the proposed area for the Beylagan wastewater treatment plant was already transferred to Beylagan Su-Kanal in 2008, part of this site is presently occupied by a sheep farming household, with semi-permanent structures on the site. The household occupied the land with the informal agreement of the Executive Power of Beylagan. The following sections describes the impact of the Beylagan subproject on this household. C. Impact on Access to Land 9. The affected household is currently occupying portion of the site proposed for the Wastewater treatment plant for residential use and for its sheep farm operations. This household will need to vacate this area and move to an adjacent 3.5 ha land which it currently leases from the Beylagan Executive Power. The lease agreement was signed between the Executive Power and the household in 2010 for the duration of 30 years. D. Impact on Structures 10. The affected household owns several structures (a house and 3 auxilliary structures used as shelter for sheep) with a combined area of 106 m2 on the area allocated for wastewater treatment facilities. There is also an incomplete structure on the subproject site that was formerly used as a pedigree sheep breeding enterprise during the Union Soviet period. The structure is no longer in operation and has been transferred to the Beylagan Su-Kanal by the Executive Power of Beylagan when it transferred ownership of the land in Details of structures owned by the affected households are listed below: Table 2: Beylagan Subproject: Details of affected structures No. Structure Owner Construction materials Measures (sq.m) Unit price (AZN/sq.m) 2 Calculated price(azn) 1 Dwelling Safarov Oktay Reed, wood 42 (3m x 14m) 30 1,260 place İdris 2 Auxiliary Reed, wood 18 (3m x 6m) structure 3 Auxiliary Reed, wood 18 (3m x 6m) structure 4 Auxiliary structure Wood, mud 28 (4m x 7m) Unit rates were calculated by the Azersu Consultant based on replacement cost by adding material costs and labor costs without depreciation and other costs deducted. Calculated rates were initially agreed with Azersu OJSC, Beylagan Executive Power and the affected household.

9 6 Appendix 5 Photo 1: Beylagan Subproject: Permanently Affected structures E. Impact on Business 11. The sheep farming business of the household will not be affected. They can rebuild their structures on the adjacent 3.5 ha land that they lease from the Beylagan Executive Power and nearby wide grassland area as pasture for their sheep. In order to ensure full continuation of the business, affected structures should only be demolished after the household has built a new sheep shelter on their leased parcel. F. Relocation Impact 12. The affected household will need to relocate its structures to the 3.5 ha. Land it leases from the Beylagan Executive Power north-west of its current location. The Beylagan Rayon Executive Power will assist the household to build at least same size of shelter and house on their leased plot and to transport their belongings to the new location. Moreover, the household is entitled cash compensation to cover one month livelihood expenses. IV. PROFILE OF THE AFFECTED HOUSEHOLD 13. The affected household in the Beylagan subproject consists of 4 persons father (43 years old), mother (40 years old) and 2 sons (18 and 16 years old). The household head graduated university, while the spouse and their eldest son graduated secondary school. Their youngest son currently goes to school. 14. Main source of income is sheep farming. All household members are involved in this livelihood. The family has approximately 200 sheep and is expecting to increase their stock to

10 Appendix sheep the followinig year. The LARF considers households whose monthly income is less than the poverty line (currently at 85 AZN per month) as vulnerable. Income derived by the household from selling milk and sheep is way above the poverty line. Hence, it cannot be considered as vulnerable. 15. The household lives in an old structuremade of reed and mud with poor access to utilities. It buys drinking water, and uses water from a nearby irrigation canal for other daily domestic use. Moreover, it uses wood for cooking and heating purposes. A. Indigenous People 16. In the four project areas (Goychay, Nakhcivan, Beylagan, and Agdash), none of the ethnic groups maintain cultural and social identifies separate from the mainstream Azerbaijan s society that would classify them as indigenous peoples. They have full and equal access to institutions and economic opportunities as the rest of the population. These subprojects do not affect any indigenous peoples groups as defined under ADB SPS (2009). V. COMPENSATION AND ENTITLEMENT A. Policy Framework and Entitlement Matrix 17. The compensation and entitlement matrix for subprojects under Tranche 2 is based on the approved Land Acquisition and Resettlement Framework (LARF) of the Azerbaijan Water Supply and Sanitation Investment Program as updated on November The permanently affected household in the Beylagen subproject is entitled to compensation for loss of structures and assistance to relocation and transitional livelihood costs. Those who may be affected temporarily during construction are entitled to have their land restored, paid rent equal to revenue losses and compensated for improvements/structure losses. Table 3 below shows the relevant provisions in the entitlement matrix of the LARF. Table 3: Entitlement and Compensation Framework Asset Specifications DP Compensation Entitlements Permanent Loss Permanent Non-titled landuser Provision of a free or leased plot in a government area loss of land House, Buildings and Structures Owners (without house or building registration) Cash compensation at replacement rate of affecte structure/fixed assets free of salvageable materials, depreciation and transation costs. For partial impacts, Relocation Temporary land acquisition Transport and transitional livelihood costs Temporary impacts during construction All DPs affected by relocation All DPs (including nontitled land users) full cash assistance to restore remaining structure.. Provision of cash compensation to cover transport expenses and livelihood expenses for one month. Affected land/communal infrastructure will be restored or reconstructed to pre-project conditions. Rent shall be agreed between landowner and contractor equal to the revenue lost at market value (e.g. compensation for harvests lost at average yield/hectare, and improvements/structure losses)

11 8 Appendix 5 B. Compensation, Relocation, and Income Restoration 18. Compensation for Affected Structures: All the temporary structures owned by Safarov Oktay Idris will be completely affected by the Beylagan subproject. Replacement cost of these structures was assessed by the Consultant in October No depreciation was applied in the valuation of these structures. These structures have a combined value of 3000 AZN. A 20% additional compensation was calculated on to replacement values based on the Presidential decree dated 26 December See table 4. Table 4: Beylagan Subproject: Calculated compensation for Permanently Affected Structures No Structure Owner Total price (AZN) 1 2 Dwelling place Auxiliary structure Safarov Oktay İdris 3 Auxiliary structure 4 Auxiliary structure 20% premium (as per PD of 26 December 2007) Total Compensation for structure Relocation Allowance and Transition Assistance: The affected household will need to transport its structures, goods and personal items to a new location. Beylagan Executive Power will provide transportion assistance to the household through the provision of truck and personnel during the relocation. In addition, the household will be provided an allowance sufficient to cover livelihood expenses for one month computed based on the official minimum salary of 100 AZN. C. Total compensation 20. The following table shows calculated total compensation for the permanent impact from the Beylagan subproject. Table 5: Beylagan Subproject: Total compensation amount No Affected person Compensation for structure (AZN) Relocation allowance (AZN) Total Compensation (AZN) 1 Safarov Oktay İdris oghlu ,700 D. Actions to Address Temporary Impacts 21. Azersu will address temporary impacts during the subproject implementation through appropriate conditions in the civil works contract. The civil works contracts will require the contractors to obtain prior approval of Beylagan Sukanal before they temporarily occupy any land for material storage or similar other activities. The contractors will be also required to negotiate and reach an agreement with the owners of such sites before those are used for temporary material storage/dumping purposes. They shall not occupy any land without a prior agreement with the land owners and this condition will be clearly specified in the civil works contract. Such agreements will be based on the following principles:

12 Appendix 5 9 (i) (ii) Rent shall be agreed between contractor and the land owner based on the loss of revenue during the period of its use by the contractor; Affected land and/or attachments on the land will be restored to its pre-program condition. Permanent damages, if any, will be compensated in cash. 22. Upon the completion of works, the land that was temporarily used must be restored to its pre-project condition and returned to the owner/user with compensation for the following items: (i) Loss of annual crop production (ii) Potential crop yield reduction for three years (iii) Loss of any trees or perennial crops (iv) Loss of use of grazing land (v) Loss of immovable assets and land attachments. 23. One of the conditions for release of final payment to the civil works contractors is the submission of proof that all temporarily used lands have been fully restored to their pre-project conditions and that there are no pending compensation issues related to the temporary use of land. VI. PUBLIC PARTICIPATION, CONSULTATION AND GRIEVANCE RESOLUTION 24. During the detailed design stage, the Design and Supervision Consultants held several consultations at Beylagan with the affected household and Rayon Executive Power. The owner of the affected structure was interviewed by the resettlement consultant. He reported that he has enough information on the project and knew about the demolition of his structures. The structure owner plans to build same kind of structures on a nearby plot which he leases from the Beylagan Executive Power. Lease agreement was signed by the Executive Power and the household in order to provide the family a new relocation area. 25. Once this LARP is approved, the affected household will be informed about the formal procedures of land transfer, compensation payment and all other relevant details. The local Sukanal will maintain regular communication with the affected household during the compensation processing and relocation period to ensure that there is sufficient information provided to the affected household and immediately respond or address feedback, comments or complaints from the affected household. This LARP will be disclosed in the ADB website after approval by ADB and official endorsement by Azersu. 26. Azersu, assisted by its Design and Supervision Consultant, will inform officials of district (rayon) and municipal towns (baladiya), and local sukanals about the Program and the LARP provisions pertaining to temporary impacts during construction and their assistance will be sought in informing communities along the subproject sites. 27. Prior to contract awards, Azersu will distribute pamphlets to districts, municipal towns and local sukanals in Azeri for dissemination to local communities, summarizing compensation eligibility, entitlement provisions, contract provisions on temporary land acquisition/impacts during construction and grievance mechanism.

13 10 Appendix 5 VII. ORGANIZATIONAL SET-UP 28. Since the permanent LAR activities involve only one household, this will be done directly by the Beylagan Rayon Executive Power together with officials of local Sukanal and the local office of State Land and Cartography Committee. 29. The local Sukanal will report to Azersu on the completion of the LARP activities, including receipt of the compensation payments and cash assistance, relocation to the new location and resumption of its sheep farming operations. Azersu will submit to ADB a LARP completion report for review prior to requesting no-objection for the start of civil works for the Beylagan Subproject. 30. In all subproject sites, the local Sukanal will assess the temporary impacts or use of land by the contractors to check if necessary agreements have been obtained with affected owners/land users and whether these comply with the provisions in the LARP. The local sukanal will also maintain copies of agreements between contractors and people affected temporarily by the civil works. The local Sukanal will also check on the contractors report on the restoration of temporarily used land and verify if there are pending compensation issues or complaints related to the civl works activities. Reports from the local Sukanals on temporary land acquisition/impacts will be consolidated by Azersu and included in its regular report to ADB. VIII. BUDGET 31. The direct cost of LAR activities in Beylagan consists of compensation for the affected structures, and relocation/transition assistance to one affected household. Total budget for compensation payments, implementation and consultation activities is estimated at AZN 6,300. See Table 6. The resettlement budget is integral part of the Program Cost and will be funded AzeSu capital budget. Compensation will be paid by AzerSu directly to the affected household in accordance with the rules and procedures of government. Cost of temporary impacts will be shouldered by the contractors and included in the civil works contract. Table 6: LARP Budget Item Qty Unit Total Cost (AZN) Structure Compensation 4 Nr 3,600 Relocation assistance 100 Administration & Implementation 1,500 Consultation & Information 500 Total 5,700 Contingency 10 % 600 Grand Total 6,300

14 Appendix 5 11 IX. IMPLEMENTATION SCHEDULE 32. The processing of compensation payments for the permanently affected household in Beylagan is estimated to be completed within 2 weeks after the approval of this LARP. Construction of the structures on the new site is expected within one month. Actual relocation of the household to the new site is less than 1 week. Civil works for the Beylagan Subproject will commence only after the structures have been built on the new site and the household has relocated. 33. Compensation/rental payments associated with temporary impacts, including restoration of temporarily used land will follow the civil works mobilization and demobilization activities,

15 12 Appendix 5 Attachment 1: Key Map with Location of Beylagan

16 13 Appendix 5 Attachment 2: Decree of Beylagan District Authority on WWTP Land Allocation

17 14 Appendix 5

18 Appendix 5 15

19 16 Appendix 5

20 Appendix 5 17 English Translation The Decree of Head of Beylagan Executive Power No 79 December 22, 2008 On land allocation for the construction of workshop of Beylagan Sukanal and wastewater treatment station Subject to letter no 362 dated December 19, 2008, Beylagan Sukanal reported to Beylagan Executive Power about the preparation of feasibility study for the reconstruction of water supply and sanitation systems in Beylagan town and requested to allocate 1.0 ha land for the construction of workshop, while 3.5 ha for the construction of wastewater treatment stations. Based on Item 5, Article 56 of Land Code of Azerbaijan Republic and presentation no 92 dated December 22, 2008 of Beylagan regional department of State Land and Mapping Committee, hereby decided: 1. To consider letter no 362 dated December 19, 2008 by Beylagan Sukanal on land allocation for the construction of workshop and wastewater treatment station under the Project on Reconstruction of water supply and sanitation systems in Beylagan town, funded by Asian Development Bank. 2. To allocate 1.0 ha and 3.5 ha from the area of Dostlug sheep pedigree enterprise respectfully for the construction of workshop and wastewater treatment station for Beylagan Sukanal under the reconstruction of water supply and sanitation systems. 3. Regional Department of State Land and Mapping Committee is to ensure preparation of documents for the land site allocated for the construction of workshop and wastewater treatment station in accordance with Law. 4. Construction and Architecture department of Beylagan Executive Power is to control the execution of this decision.

21 18 Appendix 5 Attachment 3: Water Supply Network

22 Attachment 4: Sewerage Network Appendix 5 19

23 20 Appendix 5

24 21 Appendix 5 Attachment 5: Beylagan District Authority Assignment of lands for WWTP and Sludge Disposal

25 22 Appendix 5 English Translation Approved by Head of Executive Power of Beylagan rayon I.Aliyev STATEMENT ACT on Assignment of land areas required for sewerage lines and installations of Beylagan rayon We, the undersigned: 1. Executive Power of Beylagan rayon, Deputy of the Head M.Galandarov 2. Executive Power of Beylagan rayon, Head of Construction and Architecture department O.Bashirov 3. State Land and Cartography Committee, Head of Beylagan rayon department R.Pasiyev 4. Beylagan municipality, Head B.Balakishiyev 5. Beylagan rayon, Head of SuKanal department N.Shirinov 6. ART MMC, Project Engineer T.Aytore 7. Aykonsaltinq MMC, Consultant R.Ahmedov 8. Aykonsaltinq MMC, Consultant P.Yusifov By means of visual inspection identified that required lands by Beylagan sewerage systems and installations are the followings:: 1. Area required for construction of wastewater treatment plant in Beylagan town, S= 150 m x 300 m = 4.5 ha (State land) 2. Area required for sludge disposal S= 100 m x 200 m = 2.0 ha - (State land) 3. Treated water from installations should be floated by means of the existing canal Determination of prices of lands for permanent and temporary use and including of these prices in the project bill of quantities is advices by the Commission

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27 24 Appendix 5 Attachment 6: Cadastral Map of Proposed Sewage Treatment Plant Site

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