Safeguards Document Project Number: 46543-002 Grant Number: 0356-TAJ Period covered: 2017 Tajikistan: Central Asia Regional Economic Cooperation Corridors 3 and 5 Enhancement Project Prepared by Ministry of Transport/Project Implementation Unit for Roads Rehabilitation Dushanbe, Republic of Tajikistan This report on safeguards compliance is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff. 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.
Safeguards Document November 2017 Due Diligence Report (Social Safeguard) TAJ: CAREC Corridors 3 and 5 Enhancement Project Assessment of Compliance with the Safeguard Requirements for proposed works on rehabilitation of proposed 43kmKangurt- Baljuvan-Khovaling Road Prepared by: Ministry of Transport / Project Implementation Unit Roads Rehabilitation for the Asian Development Bank This report on safeguards compliance is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff. 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. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 1 of 46
Contents Abbreviations and Acronyms... 3 A. Introduction... 4 B. The project outputs are... 4 C. Scope of Work... 4 D. Methodology adopted for DDR... 5 E. Data Collection... 5 F. Key findings:... 7 G. Justification of the proposed Kangurt-Baljuvan road rehabilitation... 7 H. Need for Due Diligence Report... 9 I. Scope of Work... 10 J. Methodology and Information Collection... 10 K. Management of Social and Resettlement Impacts... 10 L. Temporary Impacts during Construction... 11 M. Consultation and Information Disclosure... 11 N. Grievance Redress Mechanism... 12 O. Institutional Framework... 14 P. Findings... 14 Q. Conclusions... 15 R. Impacts on Ethnic Minorities... 16 S. Monitoring Arrangement... 16 Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 2 of 46
Abbreviations and Acronyms AH ADB AIDS CAREC CC CRBC DF DMS DP EA EMC FGD GRC GRM Ha HH HIV ID Card IM IR Kg LAR LARP LC LS LURC M&E MOT NGO NoL PIU RR PLU PMC PPTA PSA RoW RT Sl SLU SPS SPISPM SR STD TJS ToR Affected household Asian Development Bank Acquired immune deficiency syndrome Central Asia Regional Economic Cooperation Civil Code of the Republic of Tajikistan China Road and Bridge Corporation Dekhan Farm Detailed Measurement Survey Displaced Person Executing Agency External Monitoring Consultant Focused Group Discussions Grievance Redress Committee Grievance Redress Mechanism Hectare Household Human Imuno-deficiency Virus 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 Ministry of Transport 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 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 Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 3 of 46
A. Introduction 1. The proposed Central Asia Regional Economic Cooperation Program (CAREC) Corridors 3 and 5 Enhancement Project is aimed at improvement of roads and associated sub-network by strengthening the 89 kilometer (km) Sayron Karamyk section, rehabilitating the 88 km Vose - Khovaling sub-network connecting road, and improving road safety and roadside communities with renewable energy installations. These will improve national road network connectivity and quality of service, promote trade and energy diversification awareness, facilitate the economic and social development in Tajikistan, and contribute to reducing isolation.adb is providing USD 70 million ADF Grant, and the Tajikistan Government, USD 19 million for the project, in order to support sustainable transport and economic development The Ministry of Transport (MoT, the Client) is the Executing Agency (EA), which has an already established Project Implementation Unit (PIU), responsible for implementation of the Project. Since some portion of the amount is still remaining from the original contact therefore the Government of Tajikistan is intended to use the remaining fund for reconstruction/rehabilitation of very important connecting road (Kangurt-Baljuvon) to ease communication between Dangara and Khovaling. B. The project outputs are 2. Implementation of the Kangurt Baljuvan road will provide following outputs- i. Improved approximately 176 km of road for the CAREC Corridors 3 and 5 and its subnetwork, which includes enhancing Sayron-Karamyk road section(89km) and rehabilitating Vose-Khovaling road (87 km) ii. Extended access to local communities, especially with inclusion of women and in accordance with the Gender Action Plan (GAP), including feeder roads, solar power network, HIV/AIDS awareness, road safety etc. iii. Institutional strengthening on project management, contract supervision, and efficient road maintenance. iv. Civil works are designed to increase the load carrying capacity (structural strength), improve the road safety features and enhance the pavement ride quality of about 177 km selected on the basis of economic returns. 3. In addition to the project road, the Government of Tajikistan is requesting the use of ADB financing for much needed repairing and rehabilitation of the Kangurt-Baljuvan- Khovaling road (43km) connecting the Vose-Khovaling Road at km 22 to provide improved road access to at least 17 villages along the Kangurt-Baljuvan road and reconstruction of six bridges and repair & rehabilitation of other six bridges. Proposed 43 km Kangurt-Baljuvan road will provide improved transportation of agricultural products to the Baljuvan Bazar and other distant markets. This will ease communication between Dangara district and Khovaling district. This road will be ultimately the most important connecting road network with high transportation and movement. The road was built during soviet era since then had very few maintenance activities by the concern department Condition of the proposed road and two existing bridges is poor and is not safe for movement C. Scope of Work 4. The purpose of this DDR is to provide an assessment of the social concerns that need to be taken into account in processing and implementation of the rehabilitation of Kangurt-Baljuvan-Khovaling road (43km) connecting the Vose-Khovaling Road at km 22 and Timurmalik-Dangara road at Kangurt section. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 4 of 46
5. The DDR provides an initial screening of the activities to be carried out under the proposed project, with the intention of identifying potentially significant social & resettlement impacts, determining appropriate mitigation measures, and identifying if any further assessment is required. In addition, this DDR aims to identify the likely social impacts, both positive and adverse and suggest mitigation measures to be taken by the MoT. The basic objective is to ensure that nobody is made worse off as a result of such reconstruction/ rehabilitation activities. In order to achieve this objective all negative impacts have to be mitigated for and the costs of doing this included in the financial and economic analysis of the project. The scope of work includes the following. 6. Description of the general social settings including population living in the villages along the proposed road and their primary occupation as baseline information; Nature of potential impacts of the project on settlement, land, structures, income sources, physical and/or economical displacement, duration, and spatial distribution of impacts; identification of affected groups; etc. Otherissuesunderthescopeareasfollows: Information on potential mitigation measures to minimize the impact including mitigation costs; Assess the best alternative project at most benefits and least costs in terms of financial and social consideration; and Basic information for formulating management and monitoring plan. D. Methodology adopted for DDR 7. The DDR follows the methodology outlined in the ADB Safeguards Policy Statement (SPS 2009) and Framework Laws of the Government of Tajikistan about land acquisition. The experiences of other studies in preparing DDR documentation for road sector have also been reviewed. This DDR was prepared based on field investigation, review of secondary data and information acquired from the MoT. 8. This report covers the description of existing social conditions for the proposed road corridor, assessment of social impact of the project components, recommended mitigation measures and social monitoring. The potential social impacts (both positive and negative) have been considered for activities to be carried out during pre-construction, construction and operation phases of the Project. E. Data Collection 9. The objective of data collection was to provide a database on existing conditions, to be used for predicting the likely changes that are expected and for monitoring such changes. The first step was to undertake a project reconnaissance followed by scoping exercise, identifying the parameters, which needed to be considered for the study and to outline the activities for collecting data on each parameter. The sources of data were identified and relevant existing data from authentic secondary sources was collected from the relevant district authorities such as road department, land committee, Mayor of Timurmalik Regional Hukumat, head of district office in Khovaling and Dangara and MoT office. In addition, relevant data was collected from site visit, observation and public consultation using checklists on social impact assessment. The data on social component included land ownership, review of the preliminary plans and design, assessment on actual use of land alongside the proposed road, socio-demographic information, etc. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 5 of 46
10. Therefore, this DDR Study is the result of a major inter-disciplinary effort, including limited field data collection exercise, analysis and interpretation of their results. Following agencies/persons were consulted during preparation of the DDR. i. Consultation with relevant MOT staff; ii. ConsultationswithContractor; iii. Consultations with residents in the project area; iv. Review of available safeguards documents of the project; and v. Compiling the draft Due Diligence Report. 11. Consultation with local community and local Government representatives Consultations with Mayor of Timurmalik Regional Hukumat, head of Jamoats, community members have been conducted during feasibility studies of the proposed Kangurt-Baljuvan road for preparation of this due diligence report. Discussions were held with the local people and Government representatives about potential impacts of the project and mitigation measures based on other ADB funded projects in the region. Mass consultations with the local people were held at Kangurt village and Baljuvan public conference ground on 01 November 2017 to let the local people know about the project activities to be carried out and potential disruption may be experienced by the local people during construction. Local Jamoat leaders and local people actively participated in the meeting and took part in the discussion. It was disseminated to them that project will have no impact on the houses or any other infrastructures since the road development will be done within the right of way of the existing road. No additional land acquisition will be required for improvement of the road. Nevertheless, people may experience disturbances temporarily for movement during construction period. The project will take all necessary measures to minimize the disturbances by adopting alternative access roads, keeping open the access to the houses and local roads, etc. Minutes of the meetings were signed by the local people. It was disseminated that the local people will be preferentially deployed by the Contractor in the civil construction. This will create work opportunities for the eligible people. It was also informed the people that they will have every right submit grievance/observation/opinion to the Grievance Redress Committee. A total of 37 people were present the Kangurt and 37 people at Baljuvan public conference hall. The consultation meetings were facilitated by Mr. Mirzoev Eraj, Deputy Executive Director of PIU. Among others, Ms. Ahmadbekova Guldavlat, Road Engineer, PIU, Mr. Mahmadaliev Sherali, Social & resettlement Specilaist, PIU, Abdurahmanov Saidkabir, Leading Specialist of PIU and Kh. Khairul Matin, Social Development and Resettlement Specialist, SMEC were present in the meetings. Minutes of the meeting with attendance sheet is attached in Appendix-2. Meeting at Kangurt section Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 6 of 46
Meeting at Baljuvan Public Conference ground F. Key findings: 12. The result of the study suggests that the proposed road rehabilitation activities will not have impact on people and communities lands, structures and properties as the construction works will be carried out within RoW of the existing road. Moreover, planned construction works are only rehabilitation of existing structures. During engineering design of the road by the Engineers, potential impacts on structures and lands will be avoided since the existing right of way is sufficiently wide. Mitigation measures will be taken following the ADB SPS 2009 for smooth implementation of the project. 13. The results of the study suggest that the proposed road rehabilitation activity does not incur any land acquisition and/or resettlement impact as the construction works are selected for repairing and rehabilitations and not for new constructions. G. Justification of the proposed Kangurt-Baljuvan road rehabilitation 14. The Project aims to provide an efficient and safe road transportation system for the movement of passengers, goods and services in a sustainable manner. The Project will (i) improve intra-transport infrastructure of the region, (ii) facilitate connectivity with Khovaling and Dangara district and safe travel time. (iii) facilitate regional trade, support poverty reduction while accelerating growth and development in the region and in the country as a whole, and (iv) accelerate social and economic development while raising the living standard of local inhabitants. 15. The road enhancement and maintenance is expected to improve access for the communities residents of at least 17 villages with 7,385 people (Table 1 below) along the road for education, health and other public facilities with the privilege to access to the main project road. The development is expected to involve substantial repairs of roads and drainage beside the road. 16. Type of works involved for this 43 km road involves reconstruction of road in some particular locations, construction of bridges, culverts, widening of pavement, construction of drain, walkway and green area in the residential areas, etc. 17. Along the project right of way (43km) from Kangurt to Baljuvan 17 villages are situated under four Hukumatts (Baljuvon, Tojikiston, Sayf Rahim and Safar Amirshoev). Total population of these 17 villages is 7,385 in total 1091 households with average HH size Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 7 of 46
6.77. The main project road (Vose-Khovaling) will be easily accessible by the people of these 17 villages and surrounding areas after completion of the proposed road. There are Health Centers, Hospitals, Banks, Schools, Colleges, Police Stations etc. in the district towns where people can move easily. From the Baljuvan village the main road (CAREC Corridor 5) is only 19 km away and distance to Khovaling district town is about 41km. Necessary civic facilities are available at Khovaling district town that can be availed by the villagers within short time after completion of the proposed project. Baljuvan Bazaar (Market) is one of the growth centers in the region. People will easily reach there with their goods after completion of the proposed road. Table 01 describes about population and HH in the villages in the project surrounded area. Table 1 : Village-wise HHs and population Name of Hukumat Village No. Houses Population Baljuvan 1. Baljuvan 156 1055 2. Turko 104 779 3. Jarparon 57 263 4. Tupkhona 39 259 5. Khirob 88 624 6. Dara 14 88 7. Mulkon 104 714 8. Haybarchashma 10 59 Tojikiston 1. Solmolidasht 166 1245 2. Kaltachinor 46 259 3. Kuhnabaljuvon 8 79 Sayf Rahim 1. Shaghmon 73 352 2. Nekmardon 78 582 3. Shifochashma 45 306 4. Chorchashma 14 102 Safar Amirshoev 1. Sari Mazor 52 382 2. Boymirzo 37 237 Total 1,091 7,385 Average HH size 6.77 18. The local government bodies have been requesting to upgrade this road for their easy communication and development of the region. The MOT agrees with the Local Government to rehabilitate this road. Condition of the proposed road for rehabilitation is being deteriorated day-by-day causing damages to transport means, agricultural goods and other transported properties. Proposed roads for rehabilitation connect villagers to the district administrative center, hospital and main market places in the area. 19. Considering the high pattern of vehicle movement on the proposed rural feeder road, project decided to rehabilitate it as highly important for improved social and economic conditions of the people connected to the main project road, and the health service providing institutions in the area. 20. The proposed works will improve efficiency and quality of transportation of goods and improved access to facilities, economic and social resources. Moreover, rehabilitation of this road will enhance safety measures and ease access to transportation facilities. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 8 of 46
21. Extended benefits will include construction works providing the local population with employment opportunities and thus to receive short-term socio-economic benefits. To ensure that these benefits are directed to local people, the Contractor will be required to employ as much of his labor force as possible from the local communities particularly within the vicinity of construction sites. 22. After rehabilitation stage, having good access to main road will have overall beneficial impacts on livelihoods of communities and quality of their lives with improved access to resources and business opportunities in the area. H. Need for Due Diligence Report 23. In order to capture unexpected impacts, that may result from the proposed road rehabilitation activities, will necessitate modifications to safeguards management, ADB requires the borrower to undertake a due diligence. This Due Diligence Report (DDR) has been compiled to review the need for preparation to borrower s/client s social safeguards assessments and plans resulting from the proposed road construction. It also describes about preparation of safeguard documents (if necessary) to ensure that safeguards measures are in place and to avoid, wherever possible, and minimize mitigate and compensate for adverse social impacts. 24. This DDR presents the proposed road rehabilitation works and the need for preparation of land acquisition and resettlement plan (LARP). Due social safeguards impact assessment has been carried out, which identified that the proposed activities will not have adverse impact on community and private properties and lands as the road rehabilitation activities are carried out within existing RoWof the proposed road. The proposed road RoW is MoT administered land and there is no any other registered land and property right on the land. Project does not envisage economic and/or physical relocation impact. The RoW of the existing road is wide enough and have not been encroached by hawkers, shop-fronts, etc. Therefore, there will be no foreseen loss of income or assets. To maintain customer/residential access, construction contracts should include a clause, requiring contractor to provide appropriate walkways and vehicle access to all required sections of the project apart from the available alternative (diversion) roads in the area. 25. The proposed project works will not have any negative impacts and consequences on public facilities (schools, hospitals cemeteries, mosques and other sites of religious, cultural and historical values). All works will be carried out at locations away from the populated areas and the location of these objects. 26. The present report has been prepared by the PIU RR / Ministry of Transport of Tajikistan (MOT) in close collaboration with the local District Administration, Head of Jamoat, Mayor of Timurmalik Regional Hukumat and potential affected people and other stakeholders in the project area. Findings of the social safeguard studies on the proposed road including potential impacts and mitigation measures were discussed with the various stakeholders. It was discussed that any adverse impacts due to the project will be mitigated following the ADB SPS 2009. No one will be worse off rather their standard of living will be improved or at least restore at pre-project level. In case of private land acquisition and displacement of the people, cash allowances and other benefits as per policy adopted in the Vose-Khovaling road will be paid. Livelihood and income generating activities will be carried out for the vulnerable people. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 9 of 46
I. Scope of Work 27. Road rehabilitation works include earthworks (removing waist material, bitumen, earth, etc.), new pavement, drainage works,walkway, tree plantation, etc. Width of the road for rehabilitation will vary from 10 meter to 16meter. The road will be constructed within the right of way of the existing road. In particular location additional facilities such as drain, walk way, green area, etc. is planned for improved access of communities to required facilities. The existing paved road is about 7 meter width all along the proposed road. The proposed road will require 10 meter width including pavement, shoulder, etc. in general but in residential area it will require 16 meter width including additional facilities i.e. drain, walk way, green area, etc., as the existing RoW allows for installation of these essential structures. J. Methodology and Information Collection 28. The DDR has been prepared for Kangurt-Baljuvan-Khovaling road (43km) that connects Vose-Khovaling road (CAREC-5) at km 22. Reconstruction of the road and two bridges over the river Surkhob and Obi-Mazor will ease communication between Khovaling and Kangurt/Dangara. This due diligence report is prepared to fulfill requirement of ADB since ADB Safeguards Policy Statement 2009 requirement to carry out due diligence when a change of project design and/or additional activities are proposed at the implementation stage. 29. After request from local communities and the government bodies at local and central level, the safeguards team in PIU, PMC and local government representatives visited the site, met local people, communicated with the project stakeholders and made reconnaissance in order to prepare this DDR and comply the report. Methodology has included the following tasks: i. Collection and review of relevant reports such as proposals, feasibility study and other information provided by MoT; ii. Review of statistical reports prepared by PIURR based on socio-economic studies conducted for the project direct beneficial communities; iii. Review of documents prepared by PIURR and other stakeholders; iv. Consultation with relevant staff of MoT, PMC, site engineers, local government; v. Consultations with residents in the project area; vi. Field research along the roads connecting villages to the main project road, etc. K. Management of Social and Resettlement Impacts 30. The Land Acquisition and Resettlement Plan (LARP) for the CAREC Corridor 3 and 5 has made provisions to compensate for land acquisition and loss of property, material goods livelihood during the implementation of the Project. The Project follows the ADB s Safeguards Policy Statement (2009) and Operations Manual (OM) Section F1/BP (2010), the Constitution, the Land Code (LC) and the Civil Code (CC) of Tajikistan. 31. The following basic principles of ADB s Policy on Involuntary Resettlement have been used as a guide to the Project and in compiling the DDR: (i) Involuntary resettlement should be avoided or minimized by exploring all viable project options; (ii) Identification of affected persons and compensation for lost property and income; Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 10 of 46
[ (iii) (iv) (v) (vi) Assistance in resettlement and restoring the living standards to the level without the project; The affected people should be fully informed and closely consulted on resettlement and compensation options; The absence of formal legal title should not be a bar to compensation or assistance in rehabilitation of livelihood; Pay special attention particularly to poor and vulnerable groups. L. Temporary Impacts during Construction 32. Although there will be no acquisition of privately used land or displacement of people, whether titled or non-title holders, communities in the site neighborhoods may suffer from temporary impacts during construction such as dust, noise, movement restriction, etc. Civil works constructors will establish site camps and access roads as well as stockyards requiring land those may have private users for agriculture and businesses. The measures for such temporary impacts will be the responsibility of the civil works contractor. To eliminate such impacts the civil works contractors will undertake the following measures: a) Informing all local communities about the nature and duration of work well in advance so that they can make necessary preparations; b) Always keeping clean of construction materials and provide full access to houses, business places, ensure vehicle and pedestrian access is not disturbed all the time; c) Increasing the workforce and using appropriate equipment to complete the work in a minimum timeframe with least impact on livelihoods and economic resources; d) Continuing accessibility to all types of facilities including communication lines, water systems, electricity, etc. that are available in the construction zone, should be ensured; e) If rental land is used, government administered lands allocation prioritization or negotiating with the land owners and users as appropriate on fair terms and conditions in writing, and f) Use of non-vibratory roller to avoid vibration that may cause crack or damage of the earthen structures found close to the existing right of way. PIU and Supervision consultant will ensure use of non-vibratory roller during construction. g) Measures for minimizing dust and noise pollution as per the environmental management plan. 33. PIU RR and PMC will monitor the identification of construction related temporary impacts and ensure that grievance redress mechanism (GRM) is fully functional and accessible to the communities for any events of inconveniences to the communities out of civil works construction. M. Consultation and Information Disclosure 34. The objectives of the stakeholder consultation process is to disseminate information on the project and its expected impact and outcome among primary and secondary stakeholders and to gather information on relevant issues so that the feedback received can be used to address prevailing issues at early stages of the project design. Another important objective is to determine the extent of the concerns amongst the community, to address these in the project level and to suggest appropriate mitigation measures of any adverse impacts at early stages of the project design. Stakeholders feedbacks and perceptions on the proposed road rehabilitation works have been incorporated into the design and works. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 11 of 46
35. Information disclosure is being undertaken as per the requirements of ADB SPS and the local policies and principles. Several sessions of consultation meetings have been held with the community in both project districts at Jamoat level. 36. PIU and Consultant safeguard staff met repeatedly with the people, local government and other project stakeholders who will benefit from the proposed road rehabilitation activities during preparation of the proposals of these works and collected views of community members on the rehabilitation activities. Stakeholders views are very positive and supportive for the implementation of the proposed road project. People have access to project information and were consulted on social safeguards provisions, entitlements and rights to compensation if they face adverse impact to their lands and properties by the project. 37. ADB Safeguards Policy Statement of 2009 principles and National laws on land acquisition and resettlement requirements including project plans & proposed activities have been disclosed to the communities and local government representatives. Roles and responsibilities have been allocated to implement and monitor project ensuring compliance with the Tajikistan Laws and SPS 2009 of ADB. 38. Communities / beneficiaries of the road rehabilitation works were informed that they have right to express their propositions, grievances and issues, seek solutions and report on alleged violations of the adapted policies established for the implementation of the proposed road and bridge reconstruction/rehabilitation works. Within villages the community leaders and responsible person from Jamoat a member of the local authority are nominated to receive, file and process further issues raised by community and/or individuals. 39. Further, the local people were made aware of the proposed project and its intended scope. Re-construction impacts in this road would be generation of noise and dust from civil works which are temporary and of short duration. Qualitatively, the beneficial impacts from the project will outweigh the temporary disturbance during construction. Nonetheless, these impacts will be considered in the Traffic Management Plan during construction including the mitigation measures such as in construction work schedule, spraying of water to minimize dust, etc. 40. a wide range of questions were asked to prompt discussion on concerns or wishes relating to the project, expected effects on road safety, presence of sites of cultural or religious significance, concerns about construction phase. Impacts, suggestions of people have been considered in preparing the DDR. 41. From the discussions it was found that community people were agreed on the proposed road rehabilitation and they will support the project. Local residents have some concerns over safety and property and wish to see safety issues addressed by sound engineering design, the use of signage and inclusion of pedestrian crossings at sites where pedestrians are most vulnerable. N. Grievance Redress Mechanism 42. Earlier in the project a Grievance Redress Committee was established according to ADB s SPS 2009 requirements. The GRC members of each district of project right of way shall visit the site regularly to meet the local residents and workers at construction site. Local communities and individuals also can contact the GRC focal person (nominated GRC member from Jamoats) in case of any appeals, requests or claims. No claims have been registered so far, as no works were done at the site. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 12 of 46
43. Consultations will continue throughout construction phase as per the project s communication plan. Records including reports on social and environmental complaints and grievances will be kept in a database and GRC will ensure immediate follow up and resolutions. In order to receive and facilitate the resolution of possibly affected peoples concerns, complaints, and grievances concerning the project s performance a Grievance Redress Mechanism (GRM) that has been established for the project will be used for addressing any complaints that arise during the implementation of the project. In addition, the GRM will include a proactive component whereby at the commencement of construction of road the community will be formally advised of project implementation details, so that all necessary project information is communicated effectively to the community and their immediate concerns can be addressed. This proactive approach with communities will be pursued throughout the implementation of the project. 44. The GRM will address potentially affected people s concerns and complaints proactively and promptly, using an understandable, communicated and transparent process that is gender responsive, culturally appropriate and readily accessible to all community members at no costs and without retribution. The mechanism will not impede access to the Country s judicial or administrative remedies. Grievance mechanism during the implementation phase 45. Complaints and grievances received during the construction work addressed through the following steps and actions: Step 1: Complaints will be lodged at the sub district offices level where the responsible and Jamoat officers, as representatives of the affected person, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee, and the receipt of the complaint given to the affected person. The period fixed for resolution of complaints is 30 calendar days. Step 2: If a grievance is not resolved during a 30-day period, the affected person (or her/his representative, if chosen) may lodge the complaint to the Working Group Committee at the MoT. The Working group Committee has an obligation to attempt to resolve the issue within15 calendar days. Step 3: DPs have right to appeal to the court of law at any time if they wish to do so. Formation of Grievances Redress Committee (GRC) 46. Grievance Redress Committee (GRC), which is already effective in the project area will register and follow up on any issues and/or complaints raised by any individual or community members in a group. The GRC consists 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 will be made by majority of members and will be publicized among the local communities and directly to the complainant(s). If the complainants are not satisfied with the GRC decisions, they can always file their cases in court. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 13 of 46
O. Institutional Framework 47. Project Implementation Unit (PIU): The Project s management will comprise a steering committee, an interagency working group, a Project Implementation Unit for road Rehabilitation (PIURR)) in the MoT. 48. Executing Agency (EA): The Executing Agency (EA) for the Project will be MoT. The PIURR will be responsible for overall technical supervision and execution of the Project. The staffing of PIU will include expertise in project management, hydrology and highway engineering, institution and finance, environment, socioeconomic and community development. The mitigation measures that are incorporated into the design will be verified by the PIURR before providing technical approvals. The mitigation measures that form part of the Contract Documents will also be verified by PIU RR before getting the contract signed between the Executing Agency and the Contractor. 49. The mitigation measures identified in the DDR will be incorporated into the project cycle. LARP will be prepared and implemented if adverse impacts on land and other fixed assets are found after detailed engineering design of the road. Mitigation measures during construction stage shall form part of the Contract Documents and will be implemented by the contractor. 50. Project Implementation Unit (PIU): The PIU will be headed by a Chief Engineer and will comprise following sections: (i) Construction Section, (ii) Environment and Social Development Section, (iii) Operations and Management Section and (iv) Project Accounts Section. The PIU will be located within the District office and with the assistance of project consultants, will be responsible for construction supervision, local level procurement activities, contracting local contractors and implementing the engineering and environmental control. 51. The responsibilities of the PIU's, with support from project consultants, shall include (i) construction supervision and management; (ii) assessment of works carried out by the contractors; and (iii) preparation of monthly and bi-annual reports on the implementation of social safeguard documents. 52. The contractors will provide the PIU with monthly reports on the implementation of mitigation measures. The reports prepared by the contractors along with quarterly monitoring reports to be prepared by project consultants will be consolidated and submitted to PIU for review. P. Findings 53. The result of the study suggests that the proposed road rehabilitation activities will not have impact on people and communities lands, structures and properties as the construction works will be carried out within existing RoW of the existing road. Moreover, planned construction works are selected for repairing and rehabilitations and not for new constructions. During engineering design of the road by the Engineers, potential impacts on structures and lands will be avoided since the existing right of way is sufficiently wide.the proposed roads RoW is MoT administered land and there is no any other registered land and property rights on the land. Project does not envisage economic and/or physical relocation impact. Existing RoW of the road is wide enough and have not been encroached by hawkers, shop-fronts, etc. Therefore, there will be no foreseen loss of income or assets. All works will be carried out at locations away from the populated areas and the location of these objects. Mitigation measures will be taken following the ADB SPS 2009 for smooth implementation of Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 14 of 46
the project. 54. The proposed project works will not have any negative impacts and consequences on public facilities (schools, hospitals cemeteries, mosques and other sites of religious, cultural and historical values).all along the road there are some small trees (bushes) but will not be affected by the construction work. Community properties, trees, crops, and any other income generating activities will not be affected by the project. 55. To maintain customer/residential access to the premises along the road, construction contracts should include a clause requiring contractors to provide appropriate walkways and vehicle access to all required sections of the project apart from the available alternative (diversion) roads in the area. Q. Conclusions 56. The results of this Due Diligence study concludes that, there would not be any impacts on resettlement due to Project. If substantial changes do occur, then additional studies will be required to ascertain the impact and necessary measures will be suggested within the laws of Tajikistan and in compliance with ADB SPS 2009. 57. The proposed rehabilitation / reconstruction of the Kangurt-Baljuvan road is predominantly existing piece of infrastructure that does not create any impacts not already anticipated. Widening of the road and provision of some civic amenities (walk way, drain, green area, etc.) in the residential area may require more land beside the existing road. But this will not require the project to acquire land as the existing RoW is wide enough to place additional structures within MoT administered lands. 58. During construction or maintenance work, the Contractor will take all measures to mitigate the possible adverse effects (such as noise and dust) and the Consultant in turn will run strict monitoring of the Contractor`s activity for timely undertaking of mitigation measures in line with the accepted EMP. 59. The project will not create any additional impact on cultural or heritage sites and neither does it pass through area subject to heavy development. Proposed rehabilitation works will not create conflicts with natural resource allocation. 60. Hereby based on the above-stated and the results of the social safeguards assessment, the proposed rural roads rehabilitation works has Not Resettlement Impact considering the following: 1. Construction activities does not require new camp and or machinery parking area and additional space for heavy machinery movement; 2. There is no widening (construction of additional lines) activities in the proposed rehabilitation works. Construction area is limited within existing RoW; 3. There no any tenants or persons who use land unofficially, etc. For additional information, refer to Appendix 1: Involuntary resettlement impact checklist based on social safeguard assessment conducted by EA, PMC and local authority. 61. In case any claims or complaints are submitted during the construction period, an effective and efficient Grievance Redress Committee being in place, will enhance provision of timely and sensible hearings and facilitate solutions. 62. The proposed project works will not have any negative impacts and consequences on public facilities (schools, hospitals cemeteries, mosques and other sites of religious, cultural and historical values). Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 15 of 46
63. EA and PMC will conduct more detailed social due diligence assessment based on detailed design of all the rehabilitation works of the proposed road finalization and approval. This will be done to ensure project negative impact is fully avoided and/or mitigated. Mitigation measures will be taken following the ADB SPS 2009 for smooth implementation of the project. R. Impacts on Ethnic Minorities 64. The population in Khatlon province is largely Tajik, few Uzbeks and others. All nationalities are identical to each other in cultural, historical and religious lifestyles. They are using common public facilities (mosques, cemeteries and holy places of worship) with the mainstream Tajiks. There are no religious or cultural differences. The families of Tajiks, Kyrgyzes, Uzbeks and other minorities do not live in isolation. There are mixed marriages and families. All ethnic minorities have the same and equal access to all types of resources alike the mainstream Tajiks, including the land, irrigation, drinking water, and other resources. S. Monitoring Arrangement 65. Implementation of the proposed road rehabilitation activities will be monitored by PIU/MOT internally, assisted by the PMC Social Safeguards Specialist. Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 16 of 46
Appendix 1: Involuntary Resettlement Impact Screening Checklist Grant No. 0356 TAJ (SF) Rehabilitation of the Vose Khovaling Road and Enhancement of Sayron Karamyk sub-network connecting road CAREC Corridors 3 and 5 Enhancement Project Sub-project: Rehabilitation of 44.7 km Kangurt-Baljuvan-Khovaling road A. Screening Questions for Involuntary Resettlement impact Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts were considered and reported in the screening process. # Possible Involuntary Resettlement Effects Yes No Remarks 1 2 Will the project include any physical construction work? Does the proposed activity include upgrading or rehabilitation of existing physical facilities? 3 Will it require permanent and/or temporary land acquisition? Proposed activities include only rehabilitation/ maintenance of the existing facilities with no widening or extension works. 4 Is the ownership status and current usage of the land known? Existing RoW lands administered by road maintenance department of MoT. 5 Are there any non-titled people who live or earn their livelihood at the project site or within the corridor of impact (COI) / Right of Way (ROW) 6 Will there be loss of housing? 7 Will there be loss of agricultural plots? 8 Will there be losses of crops, trees and fixed assets (i.e. fences, pumps, etc.)? 9 Will there be loss of businesses or enterprises? 10 Will there be loss of incomes and livelihoods? Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 17 of 46
# Possible Involuntary Resettlement Effects Yes No Remarks 11 Will people lose access to facilities, services, or natural resources? There are alternative roads/access facilities, which connect villages to the main road. 12 Will any social or economic activities be affected by land use-related changes? 13 Were there any people being displaced from the assigned land / project site in anticipation of the subproject activity? 14 Are any of the affected persons (AP) from indigenous or ethnic minority groups? N. A. Possible Involuntary Resettlement Effects Quantification of private land require to be acquired: Any preliminary estimate of the likely affected land that will be required by the Project? [ ] No [ ] Yes If yes, approximately how much? 0_ hectares Informationondisplacedpersons Any estimate of the likely number of persons that will be displaced (economically and physically) by the Project? [ ] No [ ] Yes If yes, approximately how many?.. Any estimate of the likely number of persons that will be physically displaced (relocated) by the Project? [ ] No [ ] Yes If yes, approximately how many?. Any estimate of the likely number of persons that will experience loss of more than 10% of productive assets? [ ] No [ ] Yes If yes, approximately how many?.. Are any of them poor, female-heads of households, or vulnerable to property risks? [ ] No [ ] Yes If yes, approximately how many?... Are any displaced persons from indigenous or ethnic minority groups? [ ] No [ ] Yes If yes, how many? Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 18 of 46
B. Involuntary Resettlement Impact The EA / Safeguard Team confirm that the assigned land / proposed subproject is Has Involuntary Resettlement (IR) impact, a resettlement plan (or corrective action plan) is required Will Not have IR impact Prepared by: Name Head of Road Maintenance Unit in district Signed and stamped Approved by: Name Head of.district Signed and stamped Dated: 16/6/2017 Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 19 of 46
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Appendix-2: Attendance sheet of the consultation meetings at Kangurt and Baljuvan Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 21 of 46
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Appendix 3: Photos of the Road Proposed for Rehabilitation Kangurt-Baljuvon 0+100 Km to 1+800 KM Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 25 of 46
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Photo of Baljuvon-Khovaling Road Due Diligence Report of Baljuvon to Khovaling Road Rehabilitation, June 2017 Page 43 of 46
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