GRIEVANCE REDRESS MECHANISM TRAINING MANUALdocuments.worldbank.org/curated/en/...people as well as...

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Social Accountability Pilot in Mining Sector in Afghanistan GRIEVANCE REDRESS MECHANISM AT AYNAK INTERNATIONAL RESCUE COMMITTEE CDR PROGRAM April 2013 Implementing Agency: International Rescue Committee (IRC) CDR Program TRAINING MANUAL The key purposes of the SA Pilot are: To assist the relocating households in building their capacity to monitor the implementation of the RAP; To educate PAFs about the grievance redress mechanism and to publicize the complaints procedures to the affected families; Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

Transcript of GRIEVANCE REDRESS MECHANISM TRAINING MANUALdocuments.worldbank.org/curated/en/...people as well as...

Social Accountability Pilot in Mining Sector in

Afghanistan

GRIEVANCE REDRESS MECHANISM

AT AYNAK

INTERNATIONAL RESCUE COMMITTEE

CDR PROGRAM

April 2013

Implementing Agency: International Rescue Committee (IRC)

CDR Program

TRAINING MANUAL

The key purposes of the SA Pilot are:

To assist the relocating households in building their capacity to monitor the

implementation of the RAP;

To educate PAFs about the grievance redress mechanism and to publicize the

complaints procedures to the affected families;

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Grievance Redress Mechanism -Training Manual

Prepared by IRC/CDR Department

The government of Afghanistan prepared its first resettlement action plan (RAP) in January 2012

for the PAFs at Aynak area of Logar province. The RAP covers the initial five villages, where

there were need for relocation of PAFs and land acquisition. Table 2.1 below provides details of

the affected villages under the Aynak RAP.

The RAP includes compensation details with livelihood restoration measures for the affected

people as well as budget for delivering essential services at relocated site in As-hab Baba town.

The RAP also includes complaint handling procedures and arrangements for implementation and

monitoring.

There is a Grievance Redress Committee (GRC) already in place, which includes members from

the relevant stakeholders including a community representative.

The WB has initiated social accountability pilot in mining sector in Afghanistan and the key

purpose of this initiative is to assist the relocating households in building their capacity to

monitor the implementation of the RAP. The social accountability pilot is intended to provide

training for the affected people in knowing their rights and entitlements as per RAP and

awareness on the functioning of the GRC.

This training manual on grievance handling has two sections; (i) summary of Aynak RAP, (ii)

training for the affected people on functioning of GRC. The session on “summary of Aynak

RAP” will be conducted by a representative from Aynak Project Authority of MoMP and the

IRC’s local staff will be responsible to publicize the complaints procedures to the affected

families and will also be responsible for the implementation of the social accountability pilot.

There are five villages in the area around Aynak mine which will be directly affected due to the

mining and associated activities. The names of these villages are given below:

Table2.1: Number of PAFs in 5 villages Sr. No Name of

Village

Resident PAFs Absentee PAFs Total

1 WaliKillai 42 13 55

2 KoozChinarai 20 18 38

3 Adam Killai 0 10 10

4 Bar Chinarai 0 7 7

5 SisoTangai 0 7 7

Total 62 55 117

The absentee families will be given compensation only after they prove their identity through

National Identity Card, (tazkara) etc. the compensation amount for these families will be kept in

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a separate account in the bank. These families will be given a time period of one year to claim

the compensation and if they do not claim in this period, this money will be credited to

government account. Efforts will be made to reach out to these families through village heads,

local mosques and information brochures, pamphlets at MCC office, office of Loagar Governor,

sub Governor etc. (Ref: Aynak RAP section 1 page 12).

Cut-off dates was for eligibility under this RAP established as 1st July 2010 to determine the

number of PAPs and compensation for which they are eligible based on the ownership of land,

customary rights, houses and other immovable assets. The cut-off date was informed to the

villagers through the information pasted in the local office of MJAM, local offices of the

government, announcements in the local area etc.

2.4

The Aynak project Authority of MoM has the responsibility to conduct separate sessions for both

male and female project affected members to describe details of compensation as per the

approved RAP for Aynak.The IRC’s local staff will facilitate training sessions.

Table 1.2: Summary of compensation details

S/N Type of Losses

Eligibility and compensation

Responsibilities

1 residential land

losses

(i) Cash compensation:

Cash compensation at the rate of 37,500 Afswill

bepaid to eachaffected familyfor their residential land

losses. This is the price of 2.5 beswa of land at the

price 15000 per beswa. It will be paid by MCC.

(ii) New plots in As-hab Baba town:

Government will provide free of cost plot of land of

the size 450 square meters to each displaced family in

resettlement site ( Ashab Baba).

(iii)-Additional assistance for rent and shifting

materials)

A lump sum shifting and rental allowance of a total

of 10,000 Afsto each affected family.

(i) MCC

(ii) Government

(iii) MCC

2 Agriculture Land

loss (i) Cash compensation

Presidential decree (2/8/1390):-

(Title holders)-Compensation for loss of agriculture

land at the rate of 300,000 Afghanis per Jerib of lost

land

(i) MCC

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Government to allocate 10 Jeribs of Grade 7

agriculture land to each displaced family to

compensate them for the loss of livelihood to these

families.

(ii) government

3 Loss of structure

(i) Compensation for loss of houses:

Cash Compensation on the basis of rate quoted by the

villagers for their houses, number of rooms in the house

and family size.

(ii) Compensation for loss of boundary walls:

The compensation value of mud boundary wall is

130Afs per square meter,

220 Afs per square meter for masonry wall and

veranda,

300 Afs of labor rates for digging of 1 meter of well,

since water is available at about 40 meters therefor

the average compensation value of the well has been

taken as 12000Afs.

MCC

4 Loss of trees and

crops (i) Compensation for lost tree:

Fruit tree:

The fruit tree of one year will be compensated 1400

Afs.

Fruit tree of 2 years at 2100Afs.

Fruit tree of 3 years at 2800Afs.

Non fruit tree:

Tree of the age between 1-3 year will be 300Afs,

Tree of 3-5 years 1000Afs.

Trees of 5 or more years 1500Afs. (ii) Compensation of crops:

There is no compensation considered for crops,

because it is an arid area and there are hardly any

crops in the field and whatever is there, people will be

harvesting it before shifting out.

MCC

5

livelihoods

All eligible PAPs will be ensured job at the Aynak mine.

Those engaged in agriculture are being provided

livelihood through a piece of agriculture land being

allocated by Government to each PAF (Project Affected

Family).

MCC

MoMP

6 Loss of

community

structures (i.e.

mosque,

cemetery and

etc).,.

Relocated site at As-Hab Baba town:

The new relocated site at As-hab Baba includes the

essential facilities like Mosque, school, cemetery,

water network system (house connection), access road,

drains, and flood protection.

There are a total of 512 plots of the size of 450 sq. m

in the As-hab Baba site.

Proper consultation will be made with PAPs during

allocation of plots at the resettlement site.

MoMP

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Some measures are proposed below for restoring livelihoods of the PAPs:

The MCC/MJAM has the obligation to offer skills training to the PAPs and to provide

240 days of man-days of work annually. The females in the area could be provided skill

training in jewelry making and they could use the copper slag available at the mine site to

make jewelry, which could be an important source of livelihood for them.

Government will also support the displaced families by giving them each 10 Jeribs of

Grade 7 agricultural land in Mohammad Agha district as a livelihood restoration

measure.

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Prepared by IRC/CDR Department

The following guide on grievance redress mechanism is prepared; (i) to inform PAFs about the

present arrangements for grievance handling, (ii) to describe procedures to submit complaint (to

inform PAFs about where to go and who to contact if they have a compliant), and (iii) to educate

PAFs on how to fill the compliant form.

The IRC local staff has the responsibilities to conduct sessions to the affected communities for

building awareness about the process of grievance handling.

The implementing agency/IRC will conduct a total of 12 training sessions (six sessions for male

members and six sessions for female members) on the above topics related to grievance redress

mechanism.

The following table includes number of sessions, which will be conducted on grievance redress

procedures for Ayanak:

Table 3.1-sesions on GRM

Topics Sessions

To inform PAFs about the present arrangements for

grievance handling

Session-1

To describe procedures to submit complaint Session-2

To educate PAFs on how to fill the compliant form Session-3

Table 4.1- session 1 topics:

S/N Topics of the session 1 of the GRM manual

1 Purpose of the training manual

2 Aynak Grievance Redress Committee

3 Key Responsibilities and functions of GRC

There will be a total of 3 training sessions conducted on GRM to each group. There are currently

four groups of the PAFs (Wali Kali -2 groups, male and female members, KozChinary 2 groups,

same separate male and female groups).

The main purposeof this training manual is to educate PAFs about the grievance mechanism and

to publicize the complaints procedures to the affected families. It will also inform PAFs about

the present arrangement for grievance handling and to assist them to seek redress to unresolved

grievance from land acquisition, resettlement dispute and it will also facilitate people who might

have objections or concerns regarding the project activities to raise.

Grievance Redress Mechanism -Training Manual

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A broad Grievance Redress Committee has been formed comprising of:

Representative from Aynak Authority.

Representative from Ministry of Agriculture.

Representative from Logar province Governor.

Representative from M.Agha district governor office.

Representative from civil society organization.

Representative form MCC Company.

Representative from Social Development Advisory of Ministry of Mines.

Representative from Aynak PAFs/ CDCs (secretary of the elected CDC).

Structure of GRC for Ayank

Elect among themselves their Chairman and Secretary to GRC who will assist in

organizing meetings of GRC.

Have meetings every two weeks to meet the villagers who have grievances so as to

redress them.

Ensure that handling of grievances is in accordance with Afghan law and World Bank

procedures.

Ensure that follow-up actions in response to grievances are taken within an agreed time-

frame.

Maintain a database of all registered grievances, along with details on the nature of the

issues raised the case history, and actions taken.

Report on outstanding/resolved grievances a weekly basis to the Aynak Authority

particularly the serious cases.

Coordinate with MCC, Government departments, at district, provincial and national level

and civil society organizations for resolving the grievances of the local communities.

Ensure the availability of grievance forms (in Dari & Pashtu) in the project area. The

blank grievance forms is attached herewith

Coordinate with community representatives on the efficacy and usefulness of grievance

redress

Head of GRC

Member Secretary (Aynak

Authority)

Rep. of local / Provincial Govt.

Rep of NGO Rep. of Social Department,

MoM Rep. of PAF

Representative of MCC

Representative from MAIL

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procedures and recommend changes if any required to Ministry of Mines

Undertake site visits to assess issues raised by those who lodge grievances.

S/N Topics of the session 2 of the GRM manual

1 How to submit a complaint form?

2 Community dialogue

3 Grievance Redress Committee

4 Aynak Appeals Board

5 Timeline for Meeting

6 Procedure for handling grievances of women

7 How will the absentee families address their concerns or complaints

8 Central Database

How to submit a complaint form?

There are a variety of channels to handle complaints:

The complaints might be submitted to the village elders/CDC, the district or provincial representative to whom the community

people might have ease of access.

They can also submit their complaint to Aynak Authority officials directly on week days during office hours.

The complainants can put their grievances into the complaints boxes, which then will be open during the GRC meeting.

Received complaints that might be of any grievance or which would be submitted to any source should be registered in the

Complaint Registration Form at the first stage and signature or finger print should be taken on the form from the person

complaining.

The IRC local staff will acknowledge the receipt of complaints and log them into central register book. There may be

complaints that might be solved before reaching to the GRC meetings. The complaint form and details of the case solved should

be recorded and maintained for future uses.

The implementing agency has the responsibility to provide complaint registration form and the register book. They should also

assist the complainant in filling of the form.They will also inform complainant about the timeframe in which a response can be

expected.

Note: There is separate session considered on how to fill the complaint registration form.

Schedules for decisions

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(2)

Grievance Redress Committee (GRC)

If a grievance cannot be resolved through community dialogue-

A copy of the registered complaint will be forwarded to Secretary of GRC who will then put it up to GRC for consideration.

The GRC’s meetings are held every second week to assess grievances, identify action to be taken and assign responsibility for

follow-up

Along with the details of each case, recommendations for referral or action will be entered into a database

IRC will prepare a minutes of meeting

SDRC will report to MoM about the disposal of complaints in the project coordination meetings.

The decisions taken by the GRM should be announced in written to the parties who had complained so that they are convinced

on the decision taken.

Time line: action should be taken within 2 two weeks for all those complaints submitted to the GRC.

(1)

Community dialogue

The designated Aynak Authority officials along with staff of SDRC will first try to resolve issues of local communities

through community dialogue (CDC)

The minutes of the meetings will include details of the grievance and the manner of its resolution - or need for referral.

A written confirmation will be issued to the complainant, if the case resolved

IRC will facilitated the meeting

Time line: The complaint should be solved within one Week and final written report to be submitted to GRC within two

weeks.

(3)

Aynak Appeals Board(AAB)

Cases that prove impossible to resolve through community dialogue or the GRC may be referred to an (AAB) to be

appointed by H.E. MoM.

The AAB will send its response to MoM in cases AAB is not able to resolve the complaints of the villager or group of

villagers, Ministry will then examine the complaint and if it is still not possible to resolve, will refer it to court of law.

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Prepared by IRC/CDR Department

The GRC committee will meet once in two week and everyone can submit and present their

compliance to this committee directly or through the CDC.

The GRM for Aynak is accessible to diverse members of the affected communities’ members,

including women. Multiple points of entry will be available, including face-to-face meetings,

written complaints, telephone conversations, or e-mail.

The IRC social staff (female community mobilizer) will conduct separate session for the affected

women to educate them about the procedures for lodging complaints. The affected women can

submit their complains to the female CDCs then this is responsibility of CDC to assist the

complainant in filling of Grievance registration form

There are overall 117 families in 5 villages, out of which 55 families are absentees. The absentee

families are also eligible to receive compensation. As per the approved RAP the absentee

families will first have to prove their identity through the tazkara or national identity. Once they

proved their identity, then they can also address their concerns through the channels introduced.

The implementing agency/IRC and the MoM’s Social Department will have overall

responsibilities to maintain records of the grievances in the complaint log or central database.

All grievances need to be recorded in a database along with outcome of grievance redress and

closely monitored and analyzed in term of category of grievance of speed of resolution. Also the

GRC will ensure that the database of all grievances submitted is updated on a regular basis, and

that information on the status of individual cases is made available to the head, Aynak Authority

and Ministry of Mines as required.

According to above information we can say that all submitted complains and grievance will be

added to a well-developed database and each complaint and grievance should be ranked,

analyzed and monitored according to the kind, accessibility and degree of priority.

Topics of session 3

S/N Topics of session 3

1 Filling of the Grievance Registration form

2 Monitoring of complaints follow-up

3 Type of Grievances

4 The form for Monitoring of Grievance Redress Committee

5 Complaints Registration Form

The implementing agency/IRC will conduct training sessions to train CDC and the PAFs’

members on how to fill the form (Annex 1). As most of the villagers are illiterate, so the trained

Grievance Redress Mechanism -Training Manual

Prepared by IRC/CDR Department

literate villagers and CDCs can help illiterate villagers in filling the form. On the other hand, the

implementing agency will provide sufficient forms to the PAPs/CDC, since the villagers have no

Complaint Registration form. The CDC will maintain empty form in their file. Once a

complainant filled the form then it is the responsibilities of CDCs to present the form to the

GRC.

After resolving the Grievance a written confirmation will be issued by Aynak Authority to the

complainant.

For easy access of villagers to the grievance registration form and its filling it is necessary that:

IRC should handover sufficient copies of Grievance Registration forms to the CDC.

IRC should inform the villagers during the training sessions regarding availability of

form with the CDCs.

IRC should train CDC and the villagers regarding, filling the form and presenting the

form at the time of Grievance committee meetings.

CDC should have the form in their files for using.

Villagers can get the form from CDCs.

The CDC or literate member of the community will help illiterate villager in filling the

form.

The Social Development and Reconstruction Unit SDRC (this unit headed by head Aynak

Authority will have members from Aynak Authority dealing in social issues, representative from

Provincial and Local government ) will carry out internal monitoring of RAP on a monthly basis.

It will prepare quarterly progress reports. The monitoring process will take into account

communication with PAPs, assessment of their reactions on entitlements, valuation of properties;

usage of the grievance redress mechanism and disbursement of compensation amounts and other

assistance.

Implementation process of RAP will be regularly monitored and checked by SDRC. Internal

monitoring shall include:

a) Clarifying information desired by PAFs and evaluate damaged assets, review

compensation, land acquisition and resettlement based on regulations;

b) Monitoring whether RAP personnel implement in accordance with design and

planning or not;

c) Monitoring that allocated funds for project implementation are used timely and for

intended purposes as requested and approved in the RAP;

d) Using database of GRM, look into all complaints and settlement options and ensure

that grievance redress is solved within the stipulated period.

e) Monitor that PAPs receive full compensation as per RAP in a timely manner and

without hindrance

There was an assessment of the types of grievance conducted and as per the findings to date the

following types of grievances are likely to arise during Aynak RAP implementation:

Grievance Redress Mechanism -Training Manual

Prepared by IRC/CDR Department

The types of grievances given below are mostly related to RAP implementation, however, the

training manual is open to a wide range of concerns and it includes other types of grievance,

which could be raised during the process. Table 4.1- type of grievances that can be

encountered:

Type of grievances Examples Responsibilities

Complaint related to

compensation for the lost

residential

land/structures:

The PAFs may have to address concerns related

to processing of cash compensation for their lost

residential land or structures, i.g. boundary wall,

verandah, and etc., if not happened earlier.

(The approved RAP for Aynak includes full details, including

measurements of structures for each individual PAP. Summary

of compensation details for the lost residential land/structures is

given in table 1.2 above. )

GRC

Complaint relevant to

compensation for lost

Agricultural Lands:

The relevant government agency (s) may fail

to allocate agriculture land for the PAFs as

per the approved RAP.

The PAFs may feel they are not fairly/fully

compensated and or may have any concern

related to the process of agriculture land

allocation.

(Summary of compensation details for the lost agriculture land

is given in table 1.2 above).

GRC for Aynak

Complaint related to

compensation for lost

fruit trees and non-fruit

trees

PAFs may have concerns over compensation

(i.e delay in compensation payment) for fruit

tree and non-fruit trees.

(The compensation details for fruit tree and non-fruit trees are

given under summery of compensation. The Aynak RAP

includes full details for each individual. )

GRC for Aynak

Claim over allocation of

new plots in relocated

site at Ashab Baba

township

PAFs may have concerns over the

process of allocation of new plots in the

relocated site (i.e.delays in distribution of

new plots).

Claim over location of new plots (i.g.

some of the affected families may claim

that the new plot should be close to their

tribe people. The summery of compensation in table 1.2 contains details on

new plots.

GRC for Aynak

Complaint over provision

of essential facilities at

Resettlement site.

The PAFs may have concerns that the

relocated site in As-hab Baba town doesn’t

include all the essential facilities, promised

in the approved RAP.

The PAFs may have complaint regarding

provision of essential services, i.e. delays in

GRC for Ayank

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Prepared by IRC/CDR Department

water network-house connection system.

Complaint over providing

training and employment

The PAFs may feel that the MCC doesn’t

provide on-the job skill training and or

employment, which has been promised in the

approved RAP.

GRC

Complaint over CDC

formation.

There may be complaints regarding the

process of election for CDC, or in their role

(or that of the implementing agency). Ideally,

such issues can be resolved between the

CDC and the complainant, with the

facilitation of staff from the implementing

agency/IRC social team members as

appropriate. If any Grievance remain

unsolved then the complainant can present

the complaint to the GRC.

CDC

GRC

Annex-1: Monitoring of Grievance Redress Committee:

The work of the GRC will be monitored as per the table given below:

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(see RAP section 7.2 SDRC and 9.1 Internal Monitoring and 9.5 monitoring of grievance redressal

committee).

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Annex-2 Complaints Registration Form

General Information:

Village: ………………………………… District: …………………………………..

NAME OF COMPLAINANT: _______________________________ Taskara(ID)namber: ______________________________

ADDRESS: _________________________________________________ Telephone # : __________________________________

Please point out your complaint from the below list:-

CDC Formation

Inter- community dispute

Process delays.

Compensation for losing of assets.

Other (Specify).

Brief description of the grievance:

What is the perceived cause?

Suggested action (by complainant) to address grievance:

Complainer’s Sign and Finger Print……………………………………………………………………..…….

Date…………………………………………………………….

Receiver and recorder of the issue / complaint Name…………………………………………………………………………………………...

Job title…………………………………….………………………………………………..

Sign……………………………………………………………………………………………...

Date………………………………………………………………………………………….