Tajikistan: Central Asia Regional Economic Cooperation Corridor 3 and 5 Enhancement Project

Transcription

1 Bi-annual Social Monitoring Report Project Number: Grant Number: 0356-TAJ Period covered: January to June 2017 Tajikistan: Central Asia Regional Economic Cooperation Corridor 3 and 5 Enhancement Project Prepared by SMEC International Pty.Ltd Dushanbe, Republic of Tajikistan For of the Republic of Tajikistan and Project Implementation Unit This social monitoring report 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.

2 Republic of Tajikistan Tajikistan: CAREC Corridors 3 and 5 Enhancement Project ADB Grant: 0356-TAJ (SF) Bi-annual Social Monitoring Report on Land Acquisition and Resettlement Plan Rehabilitation of km Vose Khovaling sub-network connecting road January to June 2017 SMEC International Pty. Ltd. Page 1

3 DOCUMENT CONTROL This Social Monitoring Report on the LARP implementation is produced in accordance with the requirements of the Contract for the Provision of Construction Supervision Services to the, Republic of Tajikistan for CAREC Corridor 3 & 5 Enhancement Project for Rehabilitation of km Vose-Kovaling Sub-network Connecting Road and 89 km Sayron- Karamyk road section under the Asian Development Bank Grant 0356-Taj (SF). The report covers the total alignment of km under CAREC Corridor 5 (Vose-Kovaling). The civil Contractor is Sinohydro, China and Project Management and Construction Supervision Consultant of these Contracts is SMEC International Pty. Ltd. This report reviews the actions that the PIU RR and Contractor have undertaken in accordance with the Social Development Issues including Land Acquisition and Resettlement for the period from January June Prepared By Kh. Khairul Matin Social and Resettlement Safeguard Specialist SMEC International Pty. Ltd. Date: 23 June 2017 Page 2

4 TABLE OF CONTENTS ACRONYMS & ABBREVIATIONS... 5 DEFINITION OF SELECTED TERMS : INTRODUCTION TO THE PROJECT Introduction Project Locations Physical Progress of the Project Activities : ASSESSMENT AND DELIVERY OF COMPENSATION AS PER LARP POLICY Process of land Acquisition Summary Impacts of the project Status of Land Acquisition Other Impacts Compensation Policy as per LARP Disbursement of Compensation SOCIAL MONITORING Scope of Monitoring Methodologies adopted during monitoring Monitoring Results Monitoring of LARP implementation Effectiveness of Resettlement Planning REDRESS OF GRIEVANCES Grievance Redress Mechanism Grievance Redress Process Observation on Grievance resolution Procedure of submitting grievances Redressal of Grievances CONCLUSION AND RECOMMENDATION Conclusion Recommendation...30 Page 3

5 LIST OF TABLES Table 1:Road Sections with LAR impacts...bbbbbbbbb...10 Table 2: Status of disbursement of compensation BBBBBBBBBBBBBBBBBBB14 Table 3: List of DPs deducted from the first LARP BBBBBBBBBBB...BBBBB..14 Table 4: List of DPs identified during updating of LARP...BBBBBBB...14 Table 5: List of DPs consulted during preparation of the Monitoring report B...BBB...18 Table 6: Members of GRC with designation BBBBBBBBBBBBBBBBBBBBB...21 Table 7: Steps and procedures of grievance resolution BBBB...BBBBBBBBBBBB22 Table 8: GRC decision on the claim submitted in 2016 and BBBBBBB24 FIGURES Figure-1: Vose-Khovaling Road Section BBBBBBBBBBB..BBBBBB.BBBBB...9 BOXES Box 1: Sample public notice for mass awareness on GRM BB..BBBBBBBBB...27 APPENDICES Appendix A: Monitoring ChecklistBBBBBBBBB...30 Appendix B: List of DPs with payment status in Vose and Khovaling districts...32 Page 4

6 CURRENCY EQUIVALENTS (As of June 2017) Currency unit Tajikistan Somoni (TJS) U S Dollar (US$) US$1.00 = TJS 8.80 ACRONYMS & ABBREVIATIONS AH ADB AIDS ALMGC CAREC CC CRBC DF DMS DE DP DH EA EMC FGD GT GRC GRM Ha HH ID IM IR Kg LAR LARP LC LS LURC M&E MBTI MOT NGO NoL PIU RR PLU PMC PPTA PSA Affected Household Asian Development Bank Acquired Immune Deficiency Syndrome Agency For Land Management, Geodesy And Cartography Central Asia Regional Economic Cooperation Civil Code of The Republic of Tajikistan China Road and Bridge Corporation Dekhan Farm Detailed Measurement Survey Displaced Entity Displaced Person Displaced Household Executing Agency External Monitoring Consultant Focused Group Discussions Government of Tajikistan Grievance Redress Committee Grievance Redress Mechanism Hectare Household Identity Cards Independent Monitor Involuntary Resettlement Kilogram Land Acquisition and Resettlement Land Acquisition and Resettlement Plan Land Code of The Republic of Tajikistan Lump Sump Land Use Rights Certificate Monitoring and Evaluation Mezhraion (Inter-District) Bureau of Technical Inventory Non Government Organization No Objection Letter Project Implementation Unit For Road Rehabilitation Primary Land Users Project Management Consultant Project Preparatory Technical Assistance Poverty and Social Assessment Page 5

7 RoW RT Sl SLU SPS SPISPM SR STD TJS ToR Right of Way Republic of Tajikistan Serial Number Secondary Land User Safeguard Policy Statement State Committee on Investment and State Property Management Safeguard Requirements Sexually Transmitted Diseases Tajikistan Somoni (Currency) Terms of Reference WEIGHTS AND MEASURES 1ha (Hectare) = 10000sq.m (square meter) 1 km (kilometer) = 1000 m (Meter) 1 Metric Ton = 1000 kg (kilogram) NOTE In this report $ refers to US Dollar Page 6

8 DEFINITION OF SELECTED TERMS Compensation Cut-off-date Dekhan Farm 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 DPs as defined by the census. means farms, usually midsized, that are legally and physically distinct from household plots, for which full user rights but not ownership is allocated to either individuals or groups. Regulations concerning Dekhan farms in Tajikistan are laid out in the Law No. 48 on Dekhan Farms, dating from Detailed measurement survey means the detailed inventory of losses that is completed after the fixed road alignment for the LARP Part I and detailed design and marking of Project boundaries on the ground for the LARP Part II. Displaced persons In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of i) involuntary acquisition of land or ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Encroachers mean those people who move into the Project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the Project. Entitlement Hukumat means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, which are due to DPs, depending on the type, extent and nature of their losses, and which suffice to restore their social and economic base. This is the District administration Inventory of losses means the pre-appraisal inventory of assets as a preliminary record of assets to be affected or lost as a result of the Project Jamoat This is the Sub-district administration under each District Land acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation. Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without Page 7

9 permission, permit or grant, i.e. those people without legal title to land and/or structures occupied or used by them. ADB s safeguards explicitly states that such people cannot be denied compensation. Oblast Poor a Region in Tajikistan means households falling below the monthly income of TJS 1020/- (per household per month). Presidential Land means land for which use rights have been allocated by Presidential Decree but ownership remains with the state. Replacement cost means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or equivalent in kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged and depreciation for age cannot be deducted from the compensation. Calculation of full replacement cost is based on following elements i) fair market price ii) transaction costs iii) interest accrued iv)transitional and restoration costs and v) other applicable payments, if any. Reserve Fund Land means land owned by the state and controlled by the district administration that may be rented, mainly for agricultural use. Sharecropper means the same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest. Significant impact means 200 people or more will experience major impacts, which are defined as; (i) being physically Affected from housing, or (ii) losing ten per cent or more of their productive assets (income generating). Vulnerable means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) femaleheaded households with dependents; (ii) disabled household heads; (iii) poor households 1 (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholding of five acres or less). 1 The poverty line is taken as TJS 448 per month, based on the poverty line published by World Bank for Tajikistan in October 2015 of $ 57 per month, and an exchange rate of TJS 7,8696 per USD. Page 8

10 1: INTRODUCTION TO THE PROJECT 1.1 Introduction 1. The Government of the Republic of Tajikistan (RT) has received USD 70 million ADF Grant: 0356-TAJ (SF) ) financing from the ADB and contributing USD 19 million from its own Government budget, in order to support sustainable transport and economic development through improving the CAREC Corridors 3 and 5 and their associated sub-network in Tajikistan. The Project covers the enhancement of the 89 km Sayron-Karamyk road section (CAREC Corridor 3), rehabilitation of the 88km Vose to Khovaling (finally came down to km) road (CAREC Corridor 5) and associated road safety and maintenance and support for local community access roads, providing renewable energy installations to selected communities and other social developments. Land Acquisition and Resettlement Pan (LARP) has been prepared for the km Vose to Khovaling road which is under implementation. The Ministry of Transport is implementing the project through Project Implementation Unit (PIU) headed by the project Director at the rank of Executive Director. The PIU is directly implementing the Land Acquisition and Resettlement Plan (LARP). This is the 1st Bi-annual social monitoring repot covering progress achieved during the period from January to June 2017 in LARP implementation for km Vose- Khovaling road. Although LARP implementation particularly payment of compensation has been made in the reporting period but preparatory work such as preparation, updating and approval of LRP, assessment of price by the valuation company, determination of individual entitlement for the DPs, relocation of the DPs, formation and functioning of GRC (at least three grievances were received) up to December This report slightly highlights the progress of LARP preparation and implementation as of December 2016 for the same project. Figure 1: Vose-Khovaling Road section (86+700) Page 9

11 2. A Land acquisition and Resettlement Plan was prepared in 2013 during PPTA stage of the project. Later on the LARP was updated in 2015 based on the final engineering detailed design. Census and inventory of losses (IOL) was conducted in 2015 following the final detailed design of the alignment and the list of Displaced Peoples (DPs) was finalized. In the km road section (Vose- Khovaling), Land Acquisition and Resettlement (LA&R) impacts have been identified in some seven particular sections (8.33 km) as mentioned in table 1 below- Table 1: Road Sections with LAR Impact District From (Km) To (Km) Length Remarks Name (meter) Khovaling Within these 8.33 km area 128 DPs are affected as per updated list. About ha Vose * * 450* agricultural land, ha residential /commercial land, m 2 various categories of structures and 335 fruit trees are affected All categories of losses have been addressed in the LARP Total length of the road sections with LAR 8330 and necessary budget has impact been prepared as well. 3. This report reflects status of land acquisition, compensation payment, temporary use of land for the project activities, grievance mechanism and outcome as prescribed in the updated Land Acquisition and Resettlement Plan (LARP) for Vose-Khovaling road section. 1.2 Project Locations 4. The Vose-Khovaling road section is in Khatlon region with a length of km. Total area of Khatlon region is 24,800km 2 (17.3% of the territory of Tajikistan) and population of the region is 2,898,600 (Year 2014)with male female ratio is Khatlon Province (established in 1992) is the most populous of the four first level administrative regions. The province is located in the southwestern part of the country, between the Hissor Range in the north and the Panj River in the south, and borders with Afghanistan in the southeast and Uzbekistan in the west. Khatlon Province consists of 24 districts, of which the Project area mostly sits in Vose and Khovaling Districts. 1.3 Physical Progress of the Project Activities 5. The design-and-build contract of $32.4 million for the Vose-Khovaling road was awarded to Sinohydro Corporation Ltd. on 28 September Works commenced on 14 January 2014 with completion date of 14 July The contractor was mobilized in February 2014 and started design and site preparatory work including site camp facilities, laboratories, and earth works since March The contract was extended for another six month up to 14 January 2017 as per variation order No. 1. Further the term of the contract was extended up to 14 July, 2017 to address Page 10

12 extra volume of works of the project. Progress of the physical works of the project as of May 2017 is 98.50%. 1.4 Reporting Period 6. According to the ADB requirements semiannual report on progress of LARP implementation and compliance of social issues would be submitted to the ADB and to the client. SMEC International Pty. Ltd. was awarded as Project Management and Construction Supervision Consultants (PMC)on 22 April 2014, with completion of services in 22 April Some periodic reports such as monthly progress reports, quarterly progress reports, etc. have been submitted to the client and the ADB by SMEC covering all of the components including safeguard issues. This is the 1 st report especially prepared on social safeguard issues focusing on the progress of implementation of the Land Acquisition and Resettlement Plan (LARP)for CAREC Corridor 3 and 5 covering the period from January to June The report also briefly discussed about the activities performed and progress achieved up to December 2016 since inception of the project. Page 11

13 2: ASSESSMENT AND DELIVERY OF COMPENSATION AS PER LARP POLICY 2.1 Process of land Acquisition 7. In Tajikistan, land is owned by the State and people can use it on a basis of a certificate on land use right. In the legislation of Tajikistan, there is no special law or policy, which regulates the issues of resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs. Moreover, there is no separate law that completely provides norms and mechanisms for the determination of a full, fair, market value of land. The project executing agency on behalf of the Republic of Tajikistan takes land from the people as per project needs and valuation is done by an independent authority (Evaluation Company) for the affected land and other assets. Compensation amount is provided by the Ministry of Finance to the Project Implementation Unit (PIU) of the concern Ministry. 2.2 Summary Impacts of the project 8. According to the LARP for the CAREC Corridor-5, the categories of losses are identified as follows: i. Private land ii. Leased lands(natural pasture land) iii. State reserved lands iv. Structures v. Trees vi. Crops; and vii.business 9. As per detailed design of the road and other interventions the requirement of land acquisition stood at 17,772.35m 2 ( Ha). Most of the acquired land ( ha) is agricultural; and only ha is residential/commercial lands. Among the total affected residential/commercial land, ha is in Vose district and ha in Khovaling district. A total 128 DPs were affected by the project from which 103 DPs are in Vose district and 25 DPs are in Khovaling district. At least 11 households were physically displaced by the project interventions from which ten (10) HHs had to take rent of structures for temporary relocation for three months until construction of their new houses, and one (01)household had been relocated to their residual structure in the same compound. These 11 DPs with temporary relocation have been provided additional allowances for livelihood support, equivalent to 3 months of the average salary 816 TJS per month, in the transitional period, temporary house rent of 500 to 600 TJS (based on already fixed negotiated rates). It is mentionable that displaced people have taken away their salvageable materials free of cost after payment of compensation and other assistance in May The land owners are mostly paid in May and June Primary (residential quarters and shops) and secondary (outbuildings, latrines, etc.) structures and various categories of fruit trees in the orchard and at residence have been affected by the project interventions. Only two categories of crops i.e. Wheat and Lucerne have been found affected during survey. At least 11 businesses including seven(07) Food items shops, one (01) goods producing, one household products, one electronic goods and one machinery spare parts shop have been enlisted in the final LARP as affected. Page 12

14 2.3 Status of Land Acquisition 11. According to the final detailed design of the road and bridges of the Vose-Khovaling road section, total land acquisition requirement stands at 17,772.35m 2 ( Ha). Most of the acquired land is agricultural (12,889.70m 2 ); and remaining is (4,882.65m 2) ) residential/commercial categories. Necessary land has been acquired following the land acquisition law of Tajikistan. Compensation has been assessed by a designated evaluation company. Compensation to 95 DPs (out of 103 DPs) at Vose district and 22 DPs (out of 25 DPs) at Khovaling district have been paid (final list including payment status is attached in Appendix-B). Remaining 11 DPs didn t receive compensation due to small amount and or record of rights (ROR) is not updated. Small amount of compensation is due to small quantity of asset loss and therefore they are not willing to receive compensation. This scenario may be changed after couple of weeks if they are consulted to receive compensation. Final result of payment of compensation will be presented in the compliance report to be commenced in August September Other Impacts 12. Apart from the impacts on land, structure, trees and crops the project has impact on income and livelihood. Total 12 severely affected HHs were identified from which one HH who lost more than 10% of his agricultural land and 11 HHs lost their dwelling buildings. According to the policy of the LARP, poor people, single woman headed HHs and households with disabled member are treated as vulnerable. Vulnerability has been assessed by taking into account of $ 57 per month/person (October 2015) with an exchange rate of TJS per USD. Detail Measurement Survey (DMS) and Socioeconomic Survey (SES) identified 16vulnerable households out of which 8 are women headed and below poverty line and 8 HHs below poverty line and disabled person. No other households are considered vulnerable based on 8 parameters provided in the LARP. No other impact on any community properties has been identified in this road section. 2.5 Compensation Policy as per LARP 13. According to the policy of the updated LARP (April 2017) the agriculture land owners are entitled to have cash allowance for loss of land use rights based on net income of 5 years generated from the affected land area at market rate or alternative land plot of equal value / productivity to plot lost. In case of residential/commercial land loss the land owners are to pay cash 25 times of current lease rates. The affected structure owners are entitled to have compensation at replacement rate for affected structure / other fixed assets. The owners of trees and other affected assets are entitled for compensation and resettlement benefits following the approved policy of the LARP. A valuation company namely State Unitary Enterprise for Evaluation- SUEE was engaged PIU RR for valuation of affected properties as per policy of the LARP. Severely affected and vulnerable households are entitled to have additional support and benefits as per policy of the LARP. 2.6 Disbursement of Compensation 14. Following the policy of the LARP and decision taken during the ADB safeguard Mission held on 25 April 2016 to 20 may 2016, a plan of action was agreed to complete the payment of compensation by June Total budget for land acquisition and other resettlement benefits have been estimated TJS2,361, for 128 DPs from which TJS 2,335, have been paid to 117 DPs and remaining TJS 25, is still to pay to 11 DPs. As of June 2017, Physical progress of payment of compensation and resettlement benefits is more than 91% while financial progress is about 99%. Displaced People of Vose district was paid compensation earlier while Page 13

15 most of the DPs under Khovaling district were paid in June 2017 (Table 2). Physically displaced people were paid compensation in May 2016 except two displaced persons who were identified during updating of LARP. These two DPs were paid in All of the physically displaced people were also paid resettlement benefits as per LARP policy. The land owners (without structure) were paid compensation in May-June It was delayed due to shortage of fund in the PIU account. Table 2: Status of disbursement of compensation District Total DPs Compensatio No. of DPs Amount of Remainin Remainin identified n amount paid compensation g DPs to g amount Estimated (in TJS) compensation paid (TJS) pay to disburse (TJS) Vose 103 2,128, ,112, , Khovaling , , , Total 128 2,361, ,335, , It is to be noted that in the Vose district 100 DPs were initially identified during LARP preparation but finally four(04) DPs were deducted from the list (Table 3) and more7 DPs were additionally identified (Table 4) during updating of LARP due to adjustment/change of the road alignment. Therefore total DPs stand at 103 in Vose district. Another two DPs had additional impact and these were accordingly enumerated and included in updated LARP. In the Khovaling district eight (08) DPs were deducted from the list and four (04) DPs were additionally identified. All these changes have been reflected in the updated LARP, which were approved by local district authorities and central government. Table 3: List of DPs deducted from the first LARP Name of DPs Jamoat Village Amount Remarks estimated 1 Kabirov Sayali 2 Saifiddinov Dilovar Pakhtakor Pakhtakor 7, , Compensation was not finally paid since they are not affected 3 Aliev Sayali Pakhtakor 2, by the civil construction 4 Sadulloev Mirzoali Vaisev Kaduchi Saidakobir 5 Abdurahimov Jamoat Khovaling Khovaling 12, Sattor 6 Valiev Jamoat Khovaling Khovaling 208,165.0 Khurshed 7 Bozorov Jamoat Khovaling Khovaling 24, Davlatali 8 Saidov Jamoat Khovaling Khovaling Suhrob 9 Iskandarov Jamoat Khovaling Khovaling 7, Dovudkhuja 10 Obidova Safargul Jamoat Khovaling Khovaling 10, Page 14

16 Name of DPs Jamoat Village Amount estimated 11 Eshonov Jamoat Khovaling Khovaling 6, Muhabbat 12 Yakubov Lohuti Lohuti 9,894.5 Khushbakht Source: PIURR Remarks 16. Twelve DPs, Seven DPs in Vose and 5 in Khovaling were newly identified during updating of the LARP and they were paid compensation following the LARP policy (Table 4). Table 4: List of DPs identified during updating of the LARP. Sl. Name of DPs Jamoat Village Amount estimated Amount paid 1 Qurbonov Bobokhon Mirzoali Vaisov Kaduchi 24, , Nasim Mirzoali Vaisov Kaduchi (Shamsiddin) 3 Abdurahmonov Mirzoali Vaisov Kaduchi Abdurahmon 4 Tilloev Sangahmad Mirzoali Vaisov Kaduchi 2, , Rasulov Jamakhon Mirzoali Vaisov Kaduchi Ismonov Saidjafar Mirzoali Vaisov Kaduchi 8, , Azizov Murodali Mirzoali Vaisov Chorbogh 2, , Safarova Qurbonbi Jamoat Khovaling Khovaling 2, , Murodaliev Azizullo Jamoat Khovaling Khovaling 1, , Qodirov Kholbobo Jamoat Khovaling Khovaling 1, , Ibrohimov Najmiddin Jamoat Khovaling Khovaling Ibrohimov Saifiddin Jamoat Khovaling Khovaling 8, , Source: PIURR/Updated LARP 3. SOCIAL MONITORING 17. The affected land owners are being paid compensation and benefits as per Tajikistan law and ADB SPS Rent for the temporary used land (5 ha) for main camp, crushing plant, stake yard, etc. has been paid by the contractor to the land owners for the total period of use (4 years). The monitoring data has been collected by consultation with the PIU and the Contractor regarding permanent and temporary land use respectively. Compensation for the acquired land and other properties was assessed by a valuation company SUEE deployed by the PIU. They did valuation following Tajikistan law and ADB SPS Some of the affected people expressed dissatisfaction about the amount of compensation during monitoring survey and consultation with them. Only seven people submitted grievances formally about the missing of fruit trees in the DMS, crack on the wall during construction, left out of the structures during DMS, etc. Out of the total seven grievances three grievances were submitted in 2016 and four grievances in January June Grievances were heard by the Grievance Redress Committee (GRC) and resolved as well. Opinion of the displaced people particularly physically displaced people (four out of eleven) was taken during preparation of this report. Result of interview has been briefly discussed in the later sections. Such opinion will be taken widely during preparation of final compliance report to be commenced in August-September 2017 after completion of all compensation payment and construction is done. Page 15

17 3.1 Scope of Monitoring 18. The scope of the monitoring comprises the following: i. Review and verify periodic reports prepared by the Contractor and Consultant ii. Review the socioeconomic baseline information and impacts from the LARP iii. Identify and select impact indicators; iv. Consult PIU, consultant (PMC),contractors and PAPs for preparing review report; and assess efficiency, effectiveness, impact, and sustainability of the resettlement to draw lessons for preparation and implementation of future resettlement planning documents 19. The monitoring was conducted based on (i) the procedures and guidelines of ADB as set out in the SPS 2009; (ii) relevant laws, policies, and regulations of Republic of Tajikistan (iii) Land Acquisition and Resettlement Plans of the Project; and (iv) the general principle that AP s livelihood should be better or at least maintain their living condition as before the project. 3.2 Methodologies adopted during monitoring 20. During preparation of this Social Monitoring Report the Deputy Director, Engineer, social specialist, accountant and other officials of the PIU were consulted to have the updated information on payment of compensation and other benefits under LARPCorridor-5. The Team Leader of the Project Management and Construction Supervision Consultant (PMC) was also consulted about the project documents and other issues related to social and resettlement. The contractor s (Sinohydro) senior official (Mr. Chen Binling, Commercial Director) was consulted to get update about the social compliance issues lying with the contractor including temporary land use, deployment of local people particularly PAPs in the construction work, similarities of salaries among male and female, freedom of association of the employees, etc. At the field level the physically displaced people (4 out of 11) have been consulted by the International Social Resettlement Safeguard Specialist and sought their opinion about the project and compensation so far determined for their affected properties. 21. Besides, the following methods were adopted during preparation of this document Reviewed secondary sources available in connection with the project such as monthly and other periodic reports prepared by consultant and contractors. Policy of the LARP, land acquisition laws and practices in Republic of Tajikistan, methods of compensation determination, previous report, documents of the project and other available secondary sources were taken into account during preparation of the report. Effectiveness of the grievances redress mechanism introduced in the LARP on the social & environmental issues were considered. An effective mechanism for receiving the complaints from the aggrieved local people has been introduced in the section 4 of this report. Field level interview with the physically displaced people with structured questionnaire and sought their opinion about consultation, compensation, utilization of compensation money, level of satisfaction, work opportunity in civil work, grievance mechanism, etc. Compliance issues lying with the contactor with major focus on land use, deployment of people both male and female in construction works, payment salary maintaining code labor standard, freedom of association of the workers, etc have been checked and verified at the field level in consultation with senior officials of contractor. Page 16

18 22. The information taken from different institutions and persons has been considered in preparation of this document. Social/Resettlement Specialist (Local) of the PMC is not on board at this moment. Therefore regular monitoring of the LARP implementation including use of compensation money, relocation, etc. is not properly done. PIU is responsible to implement the LARP including grievance mechanism. A monitoring check list (Appendix-A)used for field level interview will be again be used during preparation of final compliance report in August September 2017 by the PMC International Social and Resettlement Safeguard Specialist with the help of PIU and PMC local officials. At least 20% of the total displaced households (physical and economic displacement) will be consulted during preparation of final compliance report. 3.3 Monitoring Results Land acquisition 23. As discussed above, a total of ha land was acquired by the project in both Vose and Khovaling districts. Compensation for the acquired land was assessed by a valuation company namely SUEE. They followed the Tajikistan land acquisition law and ADB SPS 2009 during assessing replacement cost of the land. The MOT has approved the rate assessed by the valuation company before making payment. Compensation has been paid by the PIU in cash through the Bank to the land owners in May and June More than 91% of the displaced persons have been paid compensation. In terms financial progress it is almost 99%. Some of the land owners (total 11) didn t receive compensation due to small amount and/or lack of updating record of rights to their affected properties. 24. During monitoring report preparation, the Social and Resettlement Safeguard Specialist (International) of the PMC visited the site ( village under Vose district) and talked to five displaced persons (four physically displaced and one economically displaced) along with Office Manager of PMC. Among the four physically displaced HHs two HH head got job opportunity in the civil work of the project as laborer. The respondents informed that they couldn t utilize their compensation money in income generating alternatives rather to invest in house reconstruction and family maintenance and therefore their economic condition has not developed. 25. According to their statement some earthen houses were cracked due to movement of the heavy equipment during construction. But they confirmed that they didn t submit any claims to the authority seeking remedy about the crack and other issues. They informed that they were consulted about the project by the PIU. According to the PIU, information booklet containing project description, compensation payment mechanism, entitlement policy, grievance mechanism, etc. was distributed among the DPs and other stakeholders during consultation meetings. But they don t know the procedure of compensation assessment. They felt that their compensation would be more in respect of their lost assets. In spite of all they expressed satisfaction as the road has been developed and communication has been improved. But they sought more cooperation from the concerned department/agency of the government to have financial support to develop their standard of living. One of the respondents Mr. Nazarov Muhammadmahdi (Age 78 years) claimed that he received TJS 130,000 instead of his entitlement TJS 134, but the document available in the PIU confirmed that he received full amount of his entitlement (TJS 134,980.40).He himself received the amount by putting signature on the payment voucher. Page 17

19 Physically displaced people have been consulted during preparation of the report Page 18

20 Table 5: List of the DPs consulted during preparation of the monitoring report Name of DPs Jamoat Village Amount paid as per record (TJS) Nazarov MuhammadMahd i Avgonov Dilshod Latipov Said Aliev Bekmurod Afgonov Abduvohid Temporary and use Remarks 134, The amount includes compensation for 112, land and other assets and 17, resettlement benefits as per entitlement policy of 13, the LARP For construction of the road and other facilities the contractor (Sinohydro) has established main camp, crushing plant, stake yard, etc. by taking land from the local people and government agencies. According to the contractor they have taken total 5.00 ha land for such activities from which four ha from local people and one ha from government agency. They have arranged it as per contract and paid rent to the concerned owner of the land. Although they didn t share any document in favour of taking lease of land temporarily but it is known from their senior official (Commercial Manager) that they have taken the land following contract clauses. The temporarily taken land is to be given back to the owner with its original condition. Detailed information on temporary land taking will be discussed in the compliance report to be commenced in August- September Other social compliance issues lying with the Contractor 27. The Contractor (Sinohydro) has been working in the project since January They have deployed officials and laborers from People s Republic of China (PRC) and the local people. The employees have been working under some particular terms and conditions and availing facilities/rights as per appointment letter. Some social issues are lying with the contractor that would be complied as per clauses of the contract. These are mainly about temporary land use, differentiation of payment between male and female workers, child labor in the project activities, forced or compulsory labor, discrimination in respect of employment, preferential employment of the local people especially vulnerable group in project works, etc. According to the monthly progress report of Sinohydro (May 2017), they have deployed 186 employees including 31 Chinese and 155 from local. Among the total employees only six (06) are female who are working as Financial officer, Administrative officer, Mechanics and Cleaner. Among the total deployed employees, 34 are Project Management & Logistical staff (mostly from Chinese) and remaining employees are working at site (mostly from local). The contractor doesn t have any data about the economic vulnerability of the local workers. The required information was provided by the Commercial Director of Sinohydro. Page 19

21 Differentiation of payment between male female workers 28. According to the contractor, the salary/wage of the male and female workers is equal in case of same type of work. Although now female workers are only 6 and out of which only one is local (Tajik) and remaining five are Chinese so such differentiation was not obtained by cross checking Maintaining core labor Standard 29. The contractor has deployed the laborers under the contract duly signed by the workers and Contractor. They are paying minimum monthly salary to the TJS 800 to TJS 950 (average TJS 875)which is higher than the Tajikistan national average month monthly wage TJS 820/month 2.All of the workers have been covered under personal social insurance by the contractor (source: Sinohydro) Child labor in the project activities 30. As we checked and verified the field condition including the age of the workers so far engaged in the project works are not below the age of 18. Therefore, no child laborhas been engaged in the civil work of the project Forced or compulsory labor 31. The laborers/workers have been deployed according to their eligibility and willingness. The female workers who were mostly engaged in cooking and cleaning are also deployed based on their eligibility and willingness. So, forced labor or compulsory laborers are not found in the camp or work sites Discrimination in respect of employment 32. According to the employees of the contractor and PMU officials there is no discrimination in terms of gender, locality or religion. The officials and workers are from different region of Tajikistan. Although now only one female cleaner is working in the project but it was more during full-fledged work of the project. Male and female were deployed according to eligibility for the required positions Freedom of association 33. A good number of personnel (186 as of May 2017) from local (155) and international (mainly from Chinese) have been deployed for the project. The locally deployed people are mostly in the position of office assistants, laborers, guards, divers, cooks, cleaners, etc. who may have own choice of forming association. But still there is no association of the workers. According to the Contractor, the workers have every freedom of association on some common issues to place their claims collectively through their leader Preferential employment of local people in civil work 34. The ADB Safeguard Policy Statement 2009 requires deployment of the economically displaced persons for preferential employment opportunities in the project to help them improve, or at least restore, their income-earning capacity. It is evident that the contractor has deployed some affected people in the project according to their eligibility. Although actual number of 2 ASIA-PLUS Page 20

22 affected people, who got work opportunity in the civil work, is not known by contractor, but during monitoring survey it was found that some DPs have got job in civil works. 3.4 Monitoring of LARP implementation 35. The LARP contains provision for internal monitoring of LARP implementation. According to the LARP, implementation progress of the LARP will be monitored by PIU/MOT internally, assisted by the Local PMC Social Safeguards Specialists. The monitoring team will report overall progress through the Engineers (PMC) Monthly Progress Report. After implementation of the LARP, a compliance report for the PIURR will be prepared. A monitoring checklist has been given in the LARP which is being followed throughout the project period for monitoring of the LARP. 3.5 Effectiveness of Resettlement Planning 36. The Land Acquisition and Resettlement Plan (LARP) for the CAREC Corridor 5 (Vose- Khovaling) has been prepared following the ADB Safeguard Policy Statement (SPS) 2009 and land acquisition laws and Legislation of the Republic of Tajikistan. It reflects all issues adequately such as land acquisition, compensation payment mechanism, relocation and appropriate grievance redress mechanism. According to the LARP, residential and commercial lands have been USD 2.50/ square meter irrespective of location of land although land price varies from plot to plot based on location, use and accessibility. According to the implementation arrangement the PIURR is responsible to implement the LARP including delivery of compensation, relocation and grievance mechanism. Deployment of any organization or a group of people to assist the PIU RR in LARP implementation is found effective. External monitoring of the LARP implementation is not provisioned in the LARP although ADB is monitoring the LARP implementation on timely manner. Page 21

23 4. REDRESS OF GRIEVANCES 4.1 Grievance Redress Mechanism 37. One Grievance Redress Committee (GRC) has been established at the Rayon level in each district to resolve complaints and grievances informally through community participation. The GRCs consist of representatives of the MOT, the local Hukumat, DPs, women DPs (if any), and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The GRC decisions are made by majority of members and publicized among the local communities. If the complainants are not satisfied with the GRC decisions, they can always file their cases in court. 38. Two separate committees were formed for two districts; Vose and Khovaling including PIU representatives and community representative. Composition of the Grievance Redress Committee has been prescribed in the LARP under the chairmanship of the Deputy Head of District where focal person is PIU safeguard specialist and member secretary is the lawyer/safety engineer of the PIU. The name of the committee members for the two GRCs as given by the PIU is presented in Table 6. Table 6: Members of the grievance redress committee with designation Name Officials designation Responsible in GRC as Kodirzoda M. District authority representative (first Chairperson deputy chairmen of Khovaling district) Muqumov O. Chief architecture of Khovaling district Member Sharifova R. Committee on land development of Member Khovaling district Faqirov R. Agricultural management of Khovaling Member district Safarov A. Committee on land development of Member Khovaling district Hojizoda I. Chief architecture of Vose district Member Ghoibov J. Agricultural management of Vose Member district MubinzodaZamira Representative of PIU Coordinator of PIU YormadovSafarmad GRC Focal Person (PIU Safeguard Member specialist) MahmadalievSherali PIU Representative (lawyer, safety Member Secretary engineer) NazariyonBahrom Representatives of the Member Consultant/Contractor Faizov I. Representative of Local Government Registers grievances (Jamoat) Ikromov J. Representative of Local Government Registers grievances (Jamoat) Nazarov Sh. Representative of Local Government Registers grievances (Jamoat) Page 22

24 Yusupov S. Nazarov Sh. NegmatovQudratullo Madaminov I. Representative of Local Government (Jamoat) Representative of Local Government (Jamoat) Independent party (representative of CSOs) Representative of the Branch of the Committee for Women and Family Affairs at District level Registers grievances Registers grievances Member(as required) Member(as required) 4.2 Grievance Redress Process 39. Grievance Redress Committees are established in both district offices with involvement of relevant Hukumat and Jamoat officers, representatives of non-governmental/civil society organizations, and other relevant stakeholders to receive, help resolve, report or forward complaints received from the DPs and the general public. Sometime grievances at local level can arise due to inadequate understanding of the project policies and procedures, and can be promptly resolved by properly explaining the situation to the complainant at the site. At least seven grievances have been received by the GRC through the MOT from which three cases in 2016 and four cases are during the reporting period (January June 2017) All seven cases have been heard by the GRC in presence of aggrieved persons and resolved accordingly. Detailed of the GRC decisions have been described in the following section (4.4). 40. The grievance resolution process will follow the steps as prescribed in the LARP are defined below. Table 7: Steps and procedure of grievance resolution Steps Responsibility Time allocated Process of resolution of grievances First Grievance Redress Two weeks GRC members including Hukumat s and Jamoat s officers, representatives of nongovernmental /civil society organizations hear Committee at the grievances in presence of the aggrieved the District persons (informal mediators, such as offices of representatives of civil society may also be Khovaling and involved to facilitate the process). Vose If the issue cannot be resolved (or the complainant is not satisfied with the resolution) within two weeks, the complaint will be passed Second Ministry of Transport (MOT) to Ministry of transport. Two Weeks GRC at MOT level will hear the cases in presence of the aggrieved persons and other relevant stakeholders (including valuator contractors, other relevant contractors), district authorities and informal mediators (such as representatives of civil society). Page 23

25 If the case remains unsolved a complaint can be lodged to the courts. Third Court of law No time limit Cases will be forwarded by the MOT to the court of law after failing to resolve at MOT level although aggrieved persons may submit their grievances to court of law at any stage of grievance resolution process. Fourth ADB No time limit The aggrieved person may appeal the decision and bring the case to the ADB Accountability Mechanism, or to a local court. The project level GRM does not in any way impede the access of the APs to the ADB Accountability Mechanism (AM) or the country s judicial or administrative remedies. 4.3 Observation on Grievance resolution 41. The LARP for CAREC Corridor-5 is almost implemented and compensation to the DPs has mostly been paid (91%). Six DPs (four from Vose district and two from Khovaling district) couldn t update their record of rights and five DPs (four from Vose district and one from Khovaling district) are not interested to receive the compensation due to small amount. Individual opinion in detail will be taken during final compliance report in August-September Rent for the temporarily taken land is also paid to the land owners as per agreement with the contractor. So, there is no major issues pending regarding land acquisition and compensation payment. The contractor has started permanent civil works since 14 January 2014.So, local people including land owners and other stakeholders could raise their voices on any social or environmental issues at any time of the project implementation. Affected people were informed of the grievance mechanism through consultation meeting and information campaign by designated officials of the PIU. As of June 2017 there are only seven grievances so far submitted to the from which four grievances were received during the reporting period (January-June 2017).. None of the grievances has been submitted to the GRC directly. After receiving of the grievances, Ministry of Transport forwarded them to the GRC for resolution. All seven cases have been resolved by the GRC. 4.4 Procedure of submitting grievances 42. The grievance redress mechanism is formulated in the LARP but it is not widely circulated among the affected people and other stakeholders. The local people have limited information about the formal GRM. According to the PIU they have circulated information brochure in local language (Tajik) among the DPs and other stakeholders. The DPs are aware of the project policy and grievance mechanism although DPs informed during monitoring survey that they were consulted about the project but not fully informed about the grievance mechanism. To let the people know about the GRC, grievance redress mechanism (GRM) and focal person (preferably members secretary) to receive their complaints, assigning an official from the PIU may be effective for the project. He/she will receive the complaints from the people by mail or fax or hard copy on Page 24