Regional Power Transmission Interconnection Project Afghanistan-Tajikistan 220 kv Power Transmission Project (Section B New Kunduz Substation to AP23)

Transcription

1 Resettlement Planning Document Land Acquisition and Resettlement Plan Project Number: September 2010 Regional Power Transmission Interconnection Project Afghanistan-Tajikistan 220 kv Power Transmission Project (Section B New Kunduz Substation to AP23) Prepared by Ministry of Energy and Water (MEW), Islamic Republic of Afghanistan This land acquisition and resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 Land Acquisition and Resettlement Plan (LARP) AFGHANISTAN-Tajikistan 220 kv POWER TRANSMISSION PROJECT (Section B New kunduz Substation to AP23) September 2010 Ministry of Energy and Water (MEW) Islamic Republic of Afghanistan

3 LAND ACQUISITION AND RESETTLEMENT PLAN TABLE OF CONTENTS ABBREVIATIONS Definition of Terms EXECUTIVE SUMMARY ii iii iv C. SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS 13 D. LEGAL FRAMEWORK AND COMPENSATION POLICY 16 E. INFORMATION CONSULTATION & DISCLOSURE REQUIREMENTS 21 F. GRIEVANCE REDRESS 22 G. INSTITUTIONAL FRAMEWORK 24 H. LARP BUDGET AND COSTS 25 I. IMPLEMENTATION SCHEDULE Error! Bookmark not defined. J. MONITORING AND EVALUATION 26 ANNEX 3: TERMS OF REFERENCE FOR EXTERNAL MONITOR 39 ANNEX 4: COMMUNITY PARTICIPATION JIRGA GRIEVANCE COMMITTEE SELECTION 40 Land Resettlement Plan for the Tajikistan to Afghanistan 220 kv Transmission Line Project (Afghanistan -

4 ABBREVIATIONS ADB AF Afg AH AP CBO DABM DABS ESD GRC IR HH LARP MEW NGOs AP PPTA ROW RP TA TL USD ZOI Asian Development Bank Affected Family(s) Afghan Currency (Afghani) Affected Household(s) Affected Person(s) Community Based Organisation Da Afghanistan Breshna Mowhasesa Da Afghanistan Breshna Sherkat Environment and Social Department (now Monitoring Department) Grievance Redress Committee Involuntary Resettlement Households Land Acquisition and Resettlement Plan Ministry of Energy and Water, Afghanistan Non Government Organizations Affected Persons Project Preparation Technical Assistance Right Of Way Resettlement Plan Technical Assistance Transmission Line United States Dollars Zone of Influence Land Resettlement Plan for the Tajikistan to Afghanistan 220 kv Transmission Line Project (Afghanistan

5 Definition of Terms Affected persons (APs) Compensation Cut-off-date Detailed measurement survey Encroachers Entitlement Inventory of losses Land acquisition Non-titled Poor Replacement cost Sharecropper Significant impact Vulnerable mean all the people affected by the project through land acquisition, relocation, or loss of incomes and include any person, household (sometimes referred to as project affected family), firms, or public or private institutions. APs therefore include; i) persons affected directly by the safety corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project. means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. means the date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. means the detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground. mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base. means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation. means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB s policy explicitly states that such people cannot be denied compensation. means those falling below the official national poverty line. means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. means the same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest. means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) femaleheaded households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less). Land Resettlement Plan for the Tajikistan to Afghanistan 220 kv Transmission Line Project (Afghanistan

6 EXECUTIVE SUMMARY 1. The Government of Afghanistan has received a Loan from the Asian Development Bank (ADB) to undertake the Afghan leg of the Regional Interconnection Transmission Project (the Project) connecting via a 220 kv transmission line (TL) Shir khan Bandar, on the Afghanistan-Tajikistan border, and the switchyard station at Pul-i-Khumri. The total value of contract is approximately US $ The Project, will be implemented with the Ministry of Energy and Water (MEW) as Executing Agency (EA) and the MEW Planning Directorate (PD) as the Project Management Unit (PMU) and has been subdivided in three sections: Section A runs from Shir khan Bandar to the Kunduz new Sub Station; Section B from the Kunduz new Sub station to the southern border of Kunduz Valley, and Section C from this last point which is called AP23 to the Pul-i-Khumri Sub station. Box 1: Schematic of Transmission Line Sections 220kV Transmission Line from Shir Khan Bandar to Pul-e-Khumri Substation Sher Khan Bandar Kunduz Substation AP 23 Pul-e-Khumri S/S Section A Section B Section C Km 0.00 to 4.2 Government Land B1 Km 0.00 to km 2.9 Gov. Land. Km 0.00 to 29.1 un- used governmental land Km 4.2 to 9.88 irrigated and private lands. B2 Km 2.9 to km 22.5 total 19.6 km private & irrigated. Km 29.1 to km42.9 total 13.8 km irrigated & private land. Km 9.88 to New S/S Gov. Land B3 Km 22.5 to km 36.3 total 13.8 km un used grass land Km 42.9 to km total km governmental land. 2. This Land Acquisition and Resettlement Plan (LARP) has been prepared by the EA through the PMU based on the requirements of the Laws of Afghanistan and of the ADB s Policy on Involuntary Resettlement as reflected in the ADB Safeguards Policy Statement (2009) and Operations Manual (OM) Section F1 (2010). 3. This document covers the impacts and detail compensation costs and mechanisms relative to the construction of section B. This section of the line is 36.3km long and mostly crosses uncultivated public land. Some impacts on cultivated land however will occur between km 2.9 and km22.5 total irrigated land is 19.6km The Line will not cause impacts on buildings nor resettlement of households. This LARP has been updated as a condition for approval by ADB and its implementation is a condition to civil works mobilization. Land Resettlement Plan for the Tajikistan to Afghanistan 220 kv Transmission Line Project (Afghanistan

7 4. In the areas affected the impacts on land are caused by the footing of the 74 towers and line clearance which will affect trees and will affect 66 families (789 AP). They will lose 7,446.4 m 2 of land permanently and will lose 40,780m 2 of crops (Rice). As detailed in the LARP the cost of compensation and rehabilitation including 10% contingencies and administration costs has been budgeted for Afg5,328,319 (USD118, approximately). 5. The Due Diligence Reports for Non-LAR-impacted sub-sections of Section B on governmental land has been prepared as a separate report for ADB. From 0.00km up to 2.9km, 11 Towers will be constructed on governmental land of 2,90Kms and this subsection will be referred in this document as section B1. From 2.90km up to 22.5km, 74 Towers will be constructed on agriculture land of 19.60Kms and this sub-section will be referred in this document as section B2. From 22.5km up to 36.3km, 50 Towers will be constructed on governmental land of 13.80Kms and this sub-section will be referred in this document as section B3. In this section there are no specific users who can be entitled to compensation. Figure No.1: Section B1 Unaffected area Starts from 0.00 km to 2.9Km total 11 Towers. Section B2 Affected area, km 2.9 to 22.5km total 74 towers. Section B3 Governmental land km22.5 to 36.3Km total 13.8km and 50 towers will be erected. 6. The basic compensation/rehabilitation principles set in the RP are: i) LA will be avoided or at least minimized; (ii) (iv) (v) (vi) Compensation will ensure the maintenance of the AP pre-project living standards; (iii) AP will be fully informed/consulted on compensation options; AP socio-cultural institutions will be supported/used; LA provisions will equally apply to women and men; Lack of formal title will not be a bar to compensation/rehabilitation; (vii) Particular attention will be paid to women-headed households and vulnerable groups; (viii) LA will be conceived/executed as integral part of the project and LA budgets will be part of project costs; (ix) Compensation will be fully provided prior to land occupation/demolition. Land Resettlement Plan for the Tajikistan to Afghanistan 220 kv Transmission Line Project (Afghanistan

8 The RP also sets the eligibility/entitlement provisions for the projects impacts as detailed in Table 1 below. Table 1: Entitlements Matrix Loss Type Agricultural land. Entitled Persons Landowner/user Entitlements Compensation at replacement cost based on rates negotiated with land owners Crops. As above Crops affected will be compensated by default at market rate. Vulnerable eligible household 1 allowance equal to 5,000 Afg. households Tree trim-down Tree owner Compensation at replacement rate of each tree type Implementation Issues In absence of active markets market valuation is not possible Land will be restored to its preconstruction condition. 7. The MEW will have overall responsibility for LARP preparation, implementation and financing and will exercise its functions via the Project Management Unit (PMU). At the PMU, LARP implementation tasks will be handled by the PMU and local governments with the assistance of the supervision consultants. The project implementation consultants will assist in organizing and implementing the delivery of compensation/rehabilitation provisions. The PMU will internally monitor and report to the EA on LAR implementation. The EA will report to ADB monthly. 8. The LARP has been based on repeated AF consultation. As an appraisal condition, the LARP in English will be disclosed on the ADB website. In case of grievances the AFs will first lodge a complaint with the District local grievance committee. If settlement is not reached, within 14 days, the case would then be lodged to the PMU in Kunduz. If the grievance is still not settled the APs can then seek redress at the central PMU and if also in that case no solution is found an AP can present the case to the appropriate court. Table 2 - Summary of impacts Impact Category Magnitude of Impact Affected Families 66 Affected People 789 (365 Male / 424 Female) Permanent Loss of Land Use 7,446.4 m 2 Crop Loss 40,780 m 2 of crops (Rice). Tree Loss 85 Vulnerable Families Affected 66 Budget Costs (Afg 5,328, (approximately USD 118,407.09) Land Resettlement Plan for the Tajikistan to Afghanistan 220 kv Transmission Line Project (Afghanistan

9 SHORT LAND ACQUISITION AND RESETTLEMENT PLAN A. INTRODUCTION A1. Background and Project Description 2. The Government of Afghanistan has received a Loan from the Asian Development Bank (ADB) to undertake the Afghan leg of the Regional Interconnection Transmission Project (the Project) connecting via a 220 kv transmission line (TL) Shir khan Bandar, on the Afghanistan-Tajikistan border, and the switchyard station at Pul-i-kumri. The total value of contract is approximately US $ million. The Project, will be implemented with the Ministry of Energy and Water (MEW) as Executing Agency (EA) and has been subdivided in three sections (Figure 1): Section A runs from Shir khan Bandar to the Kunduz substation; Section B from the Kunduz new substation to the southern border of Kunduz Valley, and Section C from this last point to the Pul-i-Kumri Substation. 3. This Land Acquisition and Resettlement Plan (LARP) has been prepared for section B of the project by the EA based on the requirements of Afghanistan Laws and of ADB s Policy on Involuntary Resettlement as reflected in the ADB Safeguards Policy Statement (2009) and Operations Manual (OM) Section F1 (2010). This has been prepared in order to assess the impacts caused by land acquisition (LAR) as a result of the Project development and based upon the detailed design which was completed 20 th of September This document covers the impacts and detail compensation costs and mechanisms relative to the construction of section A. 4. The whole transmission line (section A, B and C) will run approximately164.0 km from The panj River at the Tajikistan Afghanistan border near Shir khan Bandar to Pul-ekhumri, via Kunduz and Baghlan. This section B of the Transmission line, New Kunduz Sub Station to AP23 Northern Airport of kunduz (Figure), is 36.3 km in length and mostly crosses cultivated, private land and is sub-divided to sub-section B1 (Non-affected) subsection B2 (Affected) & sub-section B3 (non-affected). However, there will be impacts on private irrigated land between km 2.9 and km 22.5 (section B2) of the Transmission Line between the areas of Loodin, Bagh - e - Miri, Haji Gulistan, khoja Ghaltan, Larkhabi, Jar guzar, kunduz city, triggering land acquisition and resettlement safeguards. There are 59 of the Type 1 (9.47x9.47 m) lattice tower structures and 15 of the Type 2 (12x12 m) lattice tower structures in the affected area. The Line will not cause impacts on buildings nor resettlement of households. This LARP has been updated as a condition for approval by ADB and its implementation is a condition to civil works mobilization. 5. Section B1 runs on governmental barren land and section B3 covers un used grass land where no specific users have been observed. A letter confirming this section land is governmental has been issued by the Kunduz local government and it has been confirmed that these lands are governmental and covered in a separate due-diligence report already approved by ADB. A2. Basis for this LARP Update 6. This LARP is an updated version of the LARP initially prepared in 2006 and is now based on detailed and final technical design. It was prepared based upon a new impact survey and AP census, a new socioeconomic survey, additional AP consultations and updated costs, which were approved by the EA and the affected persons. This LARP includes final information on tower location, impacts on Affected Families and unit compensation rates.

10 Figure 2: Map of Transmission Line Sections A, B 1 and C Figure 3: Map of Section B of the Project (Kunduz Substation to AP23) B1 B2 B3 1 Note Section B continues from Kunduz new Sub Station to AP 23 North of Kunduz airport

11 A3. Civil Works status and division of sections with impacts and without impacts 7. No civil work has been carried out between 2.9km and 22.5km with the total length 19.6 km where the line crosses private used Land and the construction work will not be allowed till the AP received their money of their land. A4. RP-Related project Implementation Conditions 8. Based on ADB policy and operational procedures the following Project implementation conditions related to this LARP have been established: i. LARP implementation: is conditional on the update of the draft LARP, based on detailed design, updated data on AFs/APs and costs, and to the mobilization of an independent monitoring agency. ii. Provision of no objection to the initiation of civil works in areas with impacts: Full delivery of the compensation/rehabilitation program detailed in this updated LARP based on proof provided by a compliance report prepared by the Independent monitoring agency. 6. The abovementioned conditions ensure that impacts and full compensation and/or rehabilitation of the AF/AP are completed before land is taken and is based on the final detailed design in the area. A5. Measures to Minimise Resettlement and Land Acquisition 9. To fit ADB requirements efforts were made to avoid/minimize as much as possible negative impacts. The following measures were adopted to minimise project impacts: Non-agricultural government-owned land was used wherever possible. If the line had to cross agricultural land, the shortest feasible distance was sought. Where tower sights allowed, suitable land was sought from a land user with a large plot to minimise the number of AFs and impact magnitude on any single AF. Built-up areas were avoided. A6. Objectives of the LARP 10. The key objective of this LARP is to provide an effective and practical planning document for the implementation of the Land Acquisition and Resettlement program for section A of the Project in compliance with the requirement of Afghanistan Law and ADB Policy. The key tenets that will guide the compliance with LARP aspects during Project are: (i) (ii) (iii) (iv) (v) (vi) land acquisition will be avoided or at least minimised; compensation will ensure maintenance of pre-project living standards of APs; APs will be fully consulted/informed on compensation options; APs socio-cultural institutions will be supported/used; LARP procedures will equally apply to women and men; lack of formal title will not prevent compensation rights under the entitlements matrix; (vii) LARP will be conceived and executed as an integral part of the Project and budgets for LARP will be included in Project costs;

12 (viii) impact to structures will be avoided at all costs; (ix) all LARP and compensation payments will be completed and endorsed by ADB prior to civil works commencement in the impact area. 11. This LARP has been prepared based on the surveys data, field visits, secondary socio-economic data and consultation with APs. The LARP identifies (i) (ii) (iii) (iv) (iv) AF/APs, and impacts extent; principles and the legal framework applicable to compensate/rehabilitate the APs; the responsibilities/mechanisms for implementing the compensation process; LAR schedules and costs; and monitoring responsibilities and tasks. B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT B1. Surveys 12. An AF/AP Census, Detailed Measurement Survey of impacts and a socio-economic survey of the AFs were carried out. The impacts surveys were carried out between 29 th July and 6 th August This last date, 3 August 2010, has been established as the entitlements cut-of-date for section B of the Project. The final report and Jirga meeting was withheld by the Afghanistan Government due to intend review of ADB assessment of methodology and base values for compensations. 13. The Due Diligence Reports for Non-LAR-impacted sub-sections B1 & B3 of Section B on governmental land has been prepared as a separate report for ADB. From 0.00km up to 2.9km, 11 Towers will be constructed in the governmental land of length 2.9km and this sub-section will be referred in this document as section B1. From 22.5km to 36.3km, a total of 50 Towers will be constructed in the governmental land of length 13.8km and this will be addressed as section B3. Section B3 covers un used grass land where no specific users have been observed. B2. General Description of Types of Impacts 14. Most of section B will entail LARP impacts. These will occur between 2.9km and 22.5km as already stated (see Figure 3 Sub-section B2), where agricultural land will be affected permanently by tower bases. In total section B of the Project will require the construction of 135 towers over the whole 36.3 km length of the section. There are 74 towers impacting land areas, triggering this LARP to be prepared. These are to be subdivided in two types based on their impact. Fiftynine (59) towers (type 1) affect 89.6sqm (9.47 x 9.47 m) and Fifteen (15) towers (type 2) affect 144sqm (12m x 12 m) each. Additional impacts include impacts on crops affected by temporary land acquisition due to work activities connected to the tower erection, transport and stringing. There will be no impacts on trees and buildings/structures.

13 B3. Impacts 15. The results of the Detailed Measurement Survey (DMS) and of the AF/AP census are provided below (Also refer to Annex 2 for total calculated losses). i. Permanent land impacts Total permanent land impacts caused by the towers amount to 7,446.4m 2. All affected land is agricultural and irrigated. Detailed data are provided below in Table 2. Table 2 - Land Impacts Towers No Unit affected area (sqm) Total affected area(sqm) plots affected (No.) Type , Type , Totals , ii. Crops affected by towers In project areas the cropping pattern involves the cultivation of wheat for the first harvest (in May/June) and the cultivation of Rice for the second harvest (in September/October). Since tower construction will be carried out only around November, only the second harvest (Rice) has been considered and agreed for compensation. The loss of Rice includes crops affected by permanent land acquisition and crops affected by work activities around the tower and for transport of tower components. To calculate the crops affected by work activities a 5m wide perimeter has been considered around each tower. This means that the crop area affected by each tower plus work area is as follows: Type 1: 380sqm (89.6 plus sqm) and type 2: 484sqm (144 plus 340sqm). Overall the loss of Rice amounts to 40,780sqm of crop. Detailed figures are provided in Table3. Table 3 - Crop Impacts area due to tower impacts Tower type Tower No. Unit impact area (sqm) Total Rice impact area (sqm) Type ,850 Type ,250 Total 74 11,100 iii. Crops affected by temporary land occupation due to tower transport and stringing Transport of tower components from a road about 50m form the towers alignment will be done by foot and will use as much as possible existing trails (which are available in correspondence of each tower). In order to ensure that crop damages eventually occurring during this operation are compensated, all AFs will receive an allowance corresponding to a strip of impact 50m long and 3m wide (150sqm). The total area of rice affected is 40,780sqm (Table 4). Table 4 - Crop Impacts Due to transport of tower components Tower type Tower No. Unit impact area (sqm) Total Rice impact area (sqm) Type ,420 Type ,260 Totals ,680 The following Table 5 shows the total crop impact to be compensated to the 66 AFs included under this LARP.

14 Table 5 - Total crop Compensation Crop Type Area affected (sqm) No plots Total area affected (sqm) Rice ,270 Rice ,510 Total 1, ,780 ii. Trees affected by stringing of the line on AF land on permanent basis. For installation and maintenance of the Transmission line a number of tees will need to be removed. The trees impact is expected at the time stringing operations which will be carried out after the last harvest. The total number of trees is shown in Table 5A Table 5A - Total Tree Compensation Tree Type Number of Trees AFs Willows 64 8 Mulberries 21 3 Total B.4 AF/AP Census 16. Number of Affected Families There are 66 AFs (789 APs) affected by tower construction and transport of tower materials. Table 6 details all these AF/APs in general and based on specific losses. Table 6 - Details of AFs and APs by category AP Category Number of AFs/HHs Net AP (x impact Absolute (Without Number type) double counting) Remarks A Permanent Loss of Land B. Crops B1. Loss of crops (affected by tower bases) Included in A. C.Trees C1. Loss of trees (affected by stringing ) (*7+4) *Included in A Grand Total (A+B+C) Number of Severely and Vulnerable Affected Families Given the minimal impacts there is no AF losing more than 10% of their land and no AF will lose any structure. Therefore there is no severely affected AF. AF Vulnernerability is defined as an AF carrying their lives below poverty line (1 USD per capita per day) or AF headed by a woman or elderly. Although there is no AF headed by a woman all AFs are living below the defined poverty line, hence for this LARP there are 66 vulnerable affected families. 18. Number of AP by Gender - The total number of APs is 789. Of these 365 are men and 424 are women.

15 C. SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS 19. A socio-economic survey within the affected areas was conducted between 29 July and 3 of August The survey was conducted with 100% of the AFs within the transmission line alignment Section B subdivision. Furthermore, community level surveys and consultations were conducted with a selection of communities along the Section B alignment. C1. Family Structure 20. Detailed information on family structure, composition, age and education is given in the Table 7 below. Families are mostly extended families (77.8%) comprising of parents, children, grandparents and other family members in the one household ranging between 6 and 40 persons living in the one family/household. Less than 28% of AFs are literate giving rise to the high poverty and vulnerability mentioned above. Table 7 Family Structure and composition, age and education Family Structure and Composition Number of nuclear family households 22 Number of extended families households 41 Average nuclear family household size 8 Average extended family household size 45 Maximum/minimum number of people in affected 20 households Age features of the AF <18 years of age 316 Between 18 and 60 years of age 467 > 60 years of age 6 Total 789 Education features of AF AP that are able to read and write 42 AP who terminated elementary schools Men in elementary school Women in Elementary school C.2 Housing, Electricity and Water Supply. 21. Information on the housing type and access to water and electricity, of the AF is given in the following Table 8. Note that the dominant housing type is single story, mud walled housing, with only 85% of AFs having access to electricity and 15% of AFs have access to a protected well.

16 Table 8 Housing, electricity and water Housing Mud walled houses 66 Electricity supply Number of AF having electricity supply 43 Water supply Number of AF having piped water supply 0 Number of AF having water supply from protected well 66 Number of AF having water supply from un-protected sources 0 C. 3 Ethnicity and Religion 22. The AFs are predominantly Pashtun (78%) and Tajik (22%) are given in the Table 9 below. No AP can be classified as being Indigenous Peoples as defined by the Indigenous Peoples Policy of ADB. The affected minorities in fact are not vulnerable, fully participating in the national and local economic and political life. They are not holders of ancestral territories. As such this Project will not trigger the ADB policy on Indigenous Peoples. All 66 AFs are Sunni Muslims. Table 9 - Ethnicity Ethnic Origin Number of Affected Families Pashtun 45 Tajik 21 Total 66 C4. Poverty 23. All AFs were found, during the socio-economic survey to live below poverty level with APs living on an average of USD 0.69 per person day. This figure caters only for income and not any gains from subsistence agriculture, which is common to the AFs. The internationally accepted benchmark for poverty adopted is 1 US dollar per capita per day. C5. Occupation, Economy and Income Levels 24. For all AFs, the main livelihood source is farming and animal husbandry which supply most of the food needs of the family. The land they cultivate is irrigated and measures in average 14 Jeribs (28,000 sqm). The biggest plot area is 10 Jeribs (sqm 100,000 sqm) and the smallest is 3 jeribs (6,000 sqm). Most of the land is irrigated except for the biggest plots that instead are mostly un-irrigated. For the non-irrigated land the cropping pattern involves only one harvest a year which is usually constituted by wheat. For the irrigated land the local cropping pattern involves instead two harvests a year. The first harvest which occurs in June/July is grains (mostly wheat) and the second harvest which occurs in September/October is mostly Rice. The average productivity for the two crops is 0.525kg/sqm for wheat and 0.35kg/sqm for Rice. The AFs also cultivate vegetables and ground fruits (eg. melons) in small gardens close to their houses for subsistence.

17 C6 Average Income 25. Income ranges between 1000 and 6,000 USD/year with an average of 20% of income being spent on food and the remaining food requirements being subsistence produced (refer to Table 10). However, the average income among the AF is 5,281 USD/year or USD 0.68 per capita per day, which is below the accepted poverty line for this Region. Table 10 - Income, Expenditure and Remittances Average Annual Income (AFS) 2,281 USD/year Maximum income x year among AF 5,000 USD/year Minimum income x year among the AF 1,000 USD/year Average percentage of income spent on food 20% Plus subsistence production Average percentage of cash income spent on other items 80%

18 D. LEGAL FRAMEWORK AND COMPENSATION POLICY D1. Policy and Legal Frame work for Land Acquisition and Resettlement 23. The policy framework for the Project is based on Afghanistan law, the ADB policy on Involuntary Resettlement as embedded in the Safeguards Policy Statement (2009) and the Operations Manuals F1 (2010). D2 Relevant Land Acquisition and Resettlement Legislation in Afghanistan 24. The new Constitution of Afghanistan was ratified in early It has 3 articles that closely relate to compensation and resettlement. There are 2 Laws which are used in Afghanistan which are relevant to Land Acquisition and Resettlement. They are the Law on Land Management (LML) and the Land Acquisition Law (LAL). D2.1 Relevant Provisions from the Law on Land Management in Afghanistan 25. A comprehensive land policy was approved in 2008 by the President and Gazetted on 31 July This Law on Managing Land Affairs (no. 985) (LML) is aimed at creating a legislated unified, reliable land management system reforming land management to resolve the problem issue caused by the varying land management and title systems compiled one on top of the other, by 3 Government regimes separately (including the USSR annexation) and never really accounting for its predecessor. Furthermore, this Law aims also to provide a standard system for land titling, land segregation and registration; prevent illegal land acquisition and distribution; provide the people with access to land; and provide conditions for appropriation of lands. The LML provides that: Management of land ownership and related land management affairs is under the responsibility of the Ministry of Agriculture, Irrigation and Livestock (Article 4). If no title deeds are possessed, a land settler may claim land ownership providing conditions are met, including that: there are signs of agricultural constructions; land owners bordering the said plot can confirm settlement of the land user for at least 35 years; the land is not under Government projects; and is up to a maximum 100 Jerib (Article 8, Clause 1). Technical implementation and administration of land management affairs shall be conducted under the Ministry of Agriculture, Irrigation and Livestock, and also involving the Supreme Court, Ministry of Finance, Ministry of Energy and Water, General Department of Geodesy and Cartography and relevant local Departments (Article 13). Representatives of these organisations make up the Settlement Commission (Article 14). A Provincial Level Land Settlement Commission will be established to better manage field activities and overcoming problems relating to implementation of the land settlement activities. This Commission is made up of the Provincial Governor, representative of the Appeal Court, Head of Ministry of Agriculture, Irrigation and Livestock, Head of MEW, Land Management Department, Department of geodesy and Cartography (Article 20). The State may appropriate Land under a Project for permanent use by State departments and institutions (Article 21), whilst land in built-up or under residential structures should be appropriated by the relevant Departments and not the Land Settlement Commission (Article 22). However, Article 53 requires that State land to State institutions can only take place on agreement of a price between the end user and the Land Management Department and endorsed by the Minister of Agriculture, Irrigation and Livestock and the President; and Article 90 refers to non-agricultural activities on agricultural lands are only allowed in exceptional circumstances, provided approvals are given by Ministry of Agriculture, Irrigation and Livestock and the President.

19 Several Articles including Article 23, 81 and 89 all provide for dispute settlements in the courts. However, Article 23 also stipulates that the legal court settlement can be sort only after attempts to redress grievances with the settlement commission. Article 25 recognises the potential of customary ownership of land, water (Kariz) and other similar communal resources (by elders, tribal leaders and tribes etc), D2.2 Relevant Provisions from the Law on Land Acquisition in Afghanistan 26. In addition, the pre-taliban Land Acquisition law (LAL) also remains in effect today. Both the LAL and LML do not appear to conflict each other. For the purpose of public interest like the establishment/construction of public infrastructure and facilitation for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, LAL provides that: The acquisition of a plot or a portion of plot, for public interest is decided by the Council of Ministers and will be compensated at fair value based on the current market rates (section 2). The acquisition of a plot or part of it should not prevent the owner from using the rest of the property or hamper its use. If this difficulty arises, the whole property will be acquired (section 4). The right of the owner or land user will be terminated 3 months prior to start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (section 6). In case of land acquisition, the following factors shall be considered for compensation: value of land; value of houses, buildings and the land; values of trees, orchards and other assets on land (section 8). The value of land depends on the category and its geographic location (section 11). A person whose residential land is subject to acquisition will receive a new plot of land of the same value. He has the option to get residential land or a house on government property in exchange, under proper procedures (section 13). It can be arranged with the owner if he wishes to exchange his property subject to acquisition with government land. The difference on the values of land will be calculated (section 15). The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the municipality (section 16).

20 D3 ADB s Policy on Involuntary Resettlement 27. ADB policy requires the following with respect to land acquisition and resettlement: D4 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) LAR should be avoided or, if unavoidable, minimised through all viable options. The AF should be compensated and assisted, so that their economic and social future would be generally as favourable as it would have been in the absence of the Project. The AF should be fully informed/consulted in LAR and compensation options. Local socio/cultural institutions should be supported/used as much as possible. Lack of formal land title should not be a bar to compensation or rehabilitation. Compensation shall be provided to the AF at full replacement cost of the affected assets. Compensation rates for houses and other structures, and nonphysical assets will be calculated at prevailing market rates for replacements without provision for deduction of depreciation. Particular attention should be paid to AF headed by women and other vulnerable groups, and appropriate assistance provided to help they improve their status. All compensation/rehabilitation provisions will equally apply to women and men. Land acquisition and resettlement will be conceived and executed as an integral part of the project and related budgets will be included in project costs. Compensation will be fully provided prior to ground levelling and demolition. Policy Differences and Reconciliation 28. A comparison of the above laws and policies are summarised in Table 11. Difference between Afghanistan law and ADB policy will be resolved in favour of the latter. Table 11: Comparison of Law on Land Acquisition in Afghanistan and ADB s Policy ADB Resettlement Policy AF should be fully informed and consulted in resettlement and compensation options. APs should be compensated for all their losses at replacement cost. Lack of formal land title should not be a bar to compensation or rehabilitation. Land Acquisition Law (LAL) & Land Management Law (LML) National legislation does not provide for public consultation LAL - Land acquisition for public interest is to be compensated based on equal/fair value according to the current market rates or land x land proceedings. LAL provides for compensation only for those who have titles LML does cover APs who may have usufruct or customary rights.however, both laws do not recognise compensation to (encroachers or squatters). Remarks/Resolution This RP provides for consultation and information dissemination. For this project compensation for land will be provided at market value. Since market value is a way to assess compensation at replacement rate there is no opposition on this point between Afghanistan law and ADB policy; ADB has signed a memorandum of understanding with the Afghan Government that all APs with title, deeds or if without these are considered as legitimate owners of the land by the local jirgas or community development councils will be compensated. Only encroachers who are not recognized as legitimate lad holders by jirga and development councils will not be compensated. However these will receive compensation for all other assets.

21 D5. Principles and Policies for the Project 29. Given the assessment, some provisions in the Law on Land Acquisition (LAL) and Land Management Law (LML) have been waived to make it consistent with the principles of ADB s Policy on Involuntary Resettlement as embedded in the Safeguards Policy Statement (2009) and OM F2 (2010). Based on the above, the following principles will be adopted for this LARP. For the reference of MEW the following project principles and policies will apply: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) AP/AH impacts must be avoided or minimized as much as possible. If impacts are unavoidable, the APs/AHs losing assets, livelihood or other resources will be fully compensated and/or assisted so that they improve or at least restore their former economic and social conditions. Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual salvaged materials. Provincial Land Settlement Commission will facilitate changing of land use certifications of AF s without fee charges. Information on the preparation/implementation of a LARP will be disclosed to all APs and people s participation will be ensured in LARP planning and implementation stages. Before taking possession of the acquired lands and commencing construction, compensation will be paid in accordance with the provision described in this updated LARP. No land will be taken until the legitimate user is compensated or rehabilitated as provided in this LARP Lack of formal legal land title is not a bar to compensation or rehabilitation. A Grievance committee including representatives of the APs will be established to resolve any conflicts which may arise during the compensation process. Compensation measures will equally apply across gender lines and vulnerable groups if any identified. AP consultation will continue during the implementation of LARP. The full compensation of affected assets and the preparation of a compliance report by the Independent Monitoring Agency will be a condition for initiating civil works. D.6 Compensation Eligibility & Entitlement 30. This LARP and resettlement procedural guidelines will apply for the proposed project. This will ensure that all persons affected by fixed assets and loss of business by the project activities will be compensated as permissible by this LARP and within the Laws of Afghanistan. Lack of formal title will be no bar to receive compensation as suggested. D.7 Eligibility 31. AFs entitled to land compensation are AFs with. (i) (i) (ii) (iii) title, official deed, unofficial written deed, or AFs that in absence of these documents, they are declared as legitimate traditional land holders of the land they use, by the shura, jirga or elders of the local village. All AFs will be compensated for structures, crops, trees and business losses.

22 32. Compensation eligibility will be limited by a cut-off date which is the end of the first impact survey (Census and Inventory Survey), 3 July This survey will also serve the purpose of cut-off-date for the non titleholders as well. People moving in the project area after the cut-off date will not be entitled to any kind of compensation or assistance as per provision made herein. They, however, will be given sufficient advance notice, to vacate premises/dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions. Forced eviction will only be considered if all other efforts are exhausted. D 8 Compensation and rehabilitation entitlements Entitlement provisions for APs losing land and income losses and rehabilitation subsidies include provisions for permanent land use losses, crops and trees losses. These entitlements are detailed below: In consideration to the fact that all these trees are not use for agriculture production the price was evaluated and agreed by the Government and affected families at the Jirga 33. i. Land permanently acquired: Land will be compensated in cash based on replacement cost. Since in project areas there are no active land markets it was not possible to identify a land market rate. The replacement cost rate has thus been decided based on a negotiation between the APs and the local governments. The final land compensation rates are accepted both by the APs and the Governor of the Province. ii. iii. iv. Crops: Compensation for crops based on average market value over the year before construction, at market rate. Trees: In consideration to the fact that all these trees are not used for agriculture production, the price was evaluated on the replacement market value of a tree and agreed by the Government and affected families at the Jirga. Vulnerable AF allowance. This allowance is provided in cash and is equal to 1 month at minimum salary (AFS). D7. Project Entitlements Matrix 34. The entitlement matrix below provides provisions for compensation and entitlements as described in the likely impacts of the Project. Table 12 - Entitlements Matrix Loss Type Agricultural land. Entitled Entitlements Persons Landowner/user Compensation at replacement cost based on rates negotiated with land owners Crops. As above Crops affected to be compensated by default at market rate. Vulnerable households Eligible AF 1 allowance equal to 5,000 Afg. Tree trim-down Tree owner Compensation at replacement rate of each tree type Implementation Issues In absence of active markets market valuation is not possible Land will be restored to its pre-construction condition.

23 E. INFORMATION CONSULTATION & DISCLOSURE REQUIREMENTS E1. Consultation 35. This LARP has been prepared in close consultation with the AFs, who have been informed about the Project and the likely impacts. Consultations were carried out individually with each family during the impacts surveys and through community meetings which did not only gather the AFs but also some other members of their community at large. Two communities meetings and one Jirga were organized with representatives of APs. Refer to Table 13 which indicates date, location and number of participants per meeting. The meetings involved the presentation of the expected impacts of the project and relative compensation and rehabilitation policy. Table 13: Consultation Meetings Date Location No. of Participants 25/07/2010 Kunduz city, Bagh Meri 15 people 29/07/2010 Khoja Ghaltan, Larkhabi 10 people TABLE 14: Jirga meeting location and participants Date Location No. of Participats 27/07/2010 Kunduz, DABS office AF - 15 Elder- 4 Head of Kunduz DABS Grievance Committee. Box 1 Community Agreement to a Grievance Committee Note: See Original Signed Documentation refer to Annex 4. E2 Selecting of the Land Value for the Tajik-Afghan Transmission Line in Afghanistan by the Affected Families During LARP implementation AF consultation will be ensured through meetings organised by the PMU field offices and the supervision consultants. These meetings will be used to address complaints or issues arising during the delivery of compensation. E3 Disclosure 39. Disclosure of this LARP will be carried out as a condition for the approval of the implementation of the LARP. This will be done through the posting of the English version on the ADB website, through the divulging in local MEW offices of the LARP in Dari. Furthermore, Information Leaflets, in Dari, will be delivered (see Annex 1) to all AFs after this LARP has been approved. 2 refer to Annex 5 for original signed statement

24 F. GRIEVANCE REDRESS 43. Great care will be taken to prevent grievances. This can be done through careful land acquisition design and implementation, by ensuring full AF participation and consultation, and by establishing extensive communication and coordination between the community, the PMU and local governments in general. This notwithstanding, complaints are sometime unavoidable and a grievance mechanism has been put in place to allow the APs appealing any disagreeable decision, practice or activity arising from compensation/rehabilitation process. APs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, survey, and time of compensation. 44. The AF will be informed of their rights to grievance redress and will be assisted by the PMU and supervision consultants to report their grievance. All fees related to grievances will be covered by the EA. The grievance committee have been discussion between kunduz DABS and AP/ and they agreed to chose among of those who were participated during the decision of the land value. 45. Complaint & Grievances will be addressed through the following steps and actions (Figure 3): i. At village level 3-person Grievance Committee will be nominated by the affected community, and approved in the presence of the Kunduz Governor, Kunduz DABS and members of Jirga (Box 1 above). Grievances must be heard and resolved within 10 days of submission of complaint ii. If grievances are not resolved at the level of the village Grievance Committee then complaints can be lodged at the MEW office in Kunduz where resolution will be attempted with the involvement of the village Grievance Committee. iii. If still unsettled after 14 days a grievance can then be lodged to the PMU in Kabul. Again selected members of the local Grievance Committee will have the opportunity to mediate. iv. If again no solution is reached within 14 days the APs can further submit their case to the appropriate court of law in Kunduz. The AF will be informed of their rights to grievance redress and will be assisted by the PMU and supervision consultants to report their grievance. All fees related to grievances will be covered by the EA.