Resettlement Monitoring Report

Project No.: 43150-022 September 2015

TAJ: Regional Power Transmission Project Geran – Rumi 220 kV Transmission Line External Monitoring Report Prepared by: External Consultant for JHSC Barki Tojik for the Asian Development Bank (ADB)

This external 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. Your attention is directed to the “terms of use” section of this website. 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.

BARKI TOJIK

OPEN STOCK HOLDING POWER COMPANY

Regional Power Transmission Project, Tajikistan

Monitoring of the"Short Resettlement Plan"implementation

for the "Regional Power Transmission Project" Lot 1

"Geranium-Rumi", Lot 2 "Rehabilitation of substations

500/220kV and construction of new substation Geranium 2-

220kV" of Khatlon Province

ADB Grant: 0213-TAJ

Prepared by:

Okil Shirinov

September 2014

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TABLE OF CONTENT

Page

1. INTRODUCTION ......................................................................................................... 1

2. BASIC DATA ................................................................................................................ 2

2.1. ASSESSMENT OF THE DETAILED RESEARCH QUESTIONNIERS (DRQ) ........................................................................................................................... 2

2.2. ASSESSMENT OF DOCUMENTS ON THE RIGHTS AND COMPENSATION ....................................................................................................... 2

2.3. ASSESSMENT OF A SCOPE OF LAND ACQUISITION ........................................ 3

2.4. ASSESSMENT OF CROPS LOSS .............................................................................. 3

2.5. ASSESSMENT OF TREES LOSS ............................................................................... 3

2.6. ASSESSMENT OF THE AFFECTED HOUSEHOLDS STATE ............................... 3

3. ASSESSMENT OF COMPENSATION ...................................................................... 4

3.1. FIELD VISIT ................................................................................................................ 4

3.2. ASSESSMENT OF THE PAYMENT PROCEDURES .............................................. 5

4. ASSESSMENT OF THE PROCEDURES FOR CONCULTATIONS AND

COMPLAINTS .............................................................................................................. 6

4.1. ASSESSMENT OF THE GRIEVANCE PROCEDURES ........................................... 6

4.2. CLAIMED AND RESOLVED CONFLICTS AND COMPLAINTS ......................... 6

4.3.ASSISTANCETOSATISFYGRIEVANCEANDMONITORTHEREVIEWPROCEDURES 6

5. APPLICATION, RECOMMENDATION AND EXPERIENCE ............................. 6

5.1. APPLICATION ............................................................................................................ 6

5.2. RECOMMENDATIONS .............................................................................................. 6

5.2.1. DISSEMINATION OF LARP ..................................................................... 6

5.2.2. ESTABLISHMENT OF COMMON DATABASE AND SPREADSHEET ......................................................................................... 7

5.3. EXPERIENCE LEARNT ............................................................................................. 7

5.3.1. PREPARATION .......................................................................................... 7

5.3.2. PREPARATION OF COMPLEX LARP AND ITS IMPLEMENTATION ................................................................................. 7

6. CONCLUSION .............................................................................................................. 8

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1. INTRODUCTION

Government of the Republic of Tajikistan with financial assistance from the Asian Development Bank is implementing ADB Grant No. 0213-TAJ: “Regional Power Transmission Project” which includes the Construction of Geran – Rumi 220kV Transmission Line and Construction of Geran substation in Khatlon Oblast. According to Law of the Republic of Tajikistan and ADB Involuntary Resettlement Policy as an amendment to the ADB Strategy for Protection of Social Issues (2009), and Operation Manual (OM) Section F1/BP (2010) the Barki Tojik (BT) company has prepared this Land Acquisition and Resettlement Plan (LARP) to set the size of potential impacts during construction of Geran – Rumi 220kV Transmission Line taking into account a preliminary route. This LARP was updated in 2012. The Contract total cost amounts $22 005 306.48. The Project Executing Agency (EA) is BT Company and the Implementing Agency (IA) is SE “PMUES”. ThО ConsortТuЦ oП “KaХpataru-JoytТ” (IndТa) CoЦpanв ТЦpХОЦОnts constructТon аorФ on thО poаОr ХТnОs (Lot 1), and “Geran2” new substation is being constructОd bв “Alstom” company. SE “PMUES” under the Government of Tajikistan is responsible for monitoring and management. The Project foresees minimum Land Acquisition (LA) in Kumsangyr, Jilikul, Kabodiyan and J.Rumi districts, but does not entail any resettlement as a transmission line mostly passes the lands used for growing crops. Taking into account the requirements of ADB and Laws of the Republic of Tajikistan in the field of lands acquisition, resettlement, compensation, a detailed draft for power lines which was completed in December 2009, and a plan to provide compensation and rehabilitation to affected families, a brief “Land AcquТsТtТon and RОsОttХОЦОnt Plan” was prepared to evaluate impacts arising as a result of land acquisition under the Project. LARP was updated in 2012. Geran – Rumi 220kV Transmission Line distance is approximately 78 km. In general, it is planned to install 225 (101 angle and 124 suspension) towers for power lines’ construction. All impacts caused to peopleresulted from the construction of “GОran 2” nОа substation and installation of 114 towers of power lines (51 angle and 63 suspension), which are located in areas with fertile soil, as well as damaging crops due to installation of towers and pulling the wires. It was found that the Project had an impact on 188 farmer facilities and families. To estimate compensation by the PMU staff together with the relevant district commissions for estimating the cost of compensation a preliminary monitoring was carried out. Compensation to be paid to all affected persons has been established based on the impact nature (permanent, temporary or both) and standard formula to determine compensation. These formulas were determined by subsequent negotiations with the affected people, and by identifying the degree of short-term and long-term impacts, considering the ADB requirements on compensation, and the review of relevant laws of the Republic of Tajikistan. The legal basis for compensation, their structure, size and the implementation guidelines, as well as the grievancesmechanism processingby concerned parties were listed in a brief Land Acquisition and Resettlement Plan (LARP) which was approved by the Ministry of Energy and Water Resources and ADB. This document has been fully published and available toexamineany person online at ADB website or hard copies at the offices of Hukumats in affected areas, subdivisions of

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“BarФТ ToУТФ” OpОn StocФ HoХdТnР PoаОr CoЦpanв Тn affected areas. In accordance with the requirements of a brief Land Acquisition and Resettlement Plan (LARP) an independent expert should monitor the process of land acquisition and resettlement and verify that compensation, resettlement and rehabilitation have been conducted in accordance with the agreed LARP. This report was prepared to meet the LARP requirements. The sections in this report correspond to a scope of work set out in Annex 2 “Terms of Reference for the External Monitor (EM)”.

2. BASIC DATA

2.1. ASSESSMENT OF THE DETAILED RESEARCH QUESTIONNIERS (DRQ)

For monitoring and research the questionnaire forms (DRQ) were applied which had been developed by the staff of BT, PMU and Advisory Company “SMEC” (AustraХТa) Тn 2009. ThО BT and PMU Environment and Social Department staff wastrained to provide consulting services and process data collection. Study of records stored in BT and PMU had showed that personnel for data collection and conducting interviews prepared the necessary DRQ. Despite the fact that some information is missing in the forms, it should be noted that all information required to ensure compliance with LARP was included in the reviewed DRQ forms. These DRQ formswill be kept for at least 5 years after completion of the transmission line construction, and the scanned DRQsoftcopies will be kept for at least 25 years. 2.2. ASSESSMENT OF DOCUMENTS ON THE RIGHTS AND COMPENSATION

To determine the compensation amount to be paid to the affected families, spreadsheets in Excel were prepared by the BT staff and “Fichtner” Consulting Company that contain standard formulas based on the Matrix of rights in LARP to calculate the following losses:

Permanent and temporary loss of land use rights as a result of thО toаОrs’ placement

Loss of yield duО to toаОrs’ installation and works on wires pulling

Lossoffruit-bearingtreesandnot yet productive trees The spreadsheets have been studied and formulas have been tested in accordance with the approved formulas on calculating compensation specified in the Matrix of LARP’srights. It was noted that the formulas used in the spreadsheets correspond to the Matrix of rights. Rates used to calculate the cost of losing the land use rights are correct and correspond to the average tariffs set by local Hukumats taking into account the difference in the price of cropsin different areas, as well as considering different fields and crop prices. Calculated compensation cost due to the loss of fruit-bearing trees was accurate, taking into account the age of trees, as well as whether they have fruits in the loss period. AP had received compensation for the crop loss based on market value at the moment of land acquisition. This is applied to both types of crops that are grown during construction of the towers, also the yield that AP cannot grow because of being damaged. Cultivation of cotton, melons, water-

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melons, onions, potatoes and alfalfa are prevailing sources of funds for farmers. Calculated compensation for affected persons (AP) in above districts was thoroughly checked for loss of the crops. All calculations were performed manually and compared with calculations in the spreadsheets. Furthermore, the calculated compensation amounts due to the loss of trees were examined for all above AP. The accuracy of all manual calculations was confirmed in the spreadsheets. Calculated compensation amounts in the spreadsheets can be confirmedby this report taking into account the agreed requirements of Matrix of rights and the actual conditions that are applied to the individual affected families during the period of expected damage. 2.3. ASSESSMENT OF A SCOPE OF LAND ACQUISITION

Based on the Land Acquisition and Resettlement Plan (LARP) allotted lands were divided into two types: a) permanent acquisition for towers and b) used during the construction and installation works around the towers, as well as during the wirespulling. Areas of permanent acquisition were calculated based on the fact thatfor angle tower (anchor) in average 289 m2 is required and for suspension - 132 m2 is required. Areas for temporarily used lands are determined by calculating 625 m2 (including the areafor tower) plus belts of 4 meters width from the linecenter under which there are possible loss of crops, trees and changes in soil conditions. Since the principles of these calculations correspond to the Project matrix of rights then calculated scopes of land acquisition that are included in the basis of compensation measures, should be considered as correct. 2.4. ASSESSMENT OF CROPS LOSS

Yield losses in quantitative terms have been determined based on the type of crops (potatoes, tomatoes, melons, watermelon, cotton, wheat etc.), the yield of each type per 1 ha of land for 1 year, and the market value of one kilogram. Besides, requirements of the Matrix of rights were taken into account that prescribesto determine the cost of each type of crop separately and depending on the land acquisition, to compensate the amount of crop produced for 5 years at a constant loss and during 1 year for the temporary loss. All this allows us to consider the calculations of crop loss as

correct.

2.5. ASSESSMENT OF TREES LOSS

Compensations of trees losswere calculated depending on the type of trees, average yield and crops value. Trees are divided into the following categories: ( ) fruit-bearingtreesandnot yet productive trees;

( ) separate determination of crops/fruits cost;

( ) age;

( ) cost of not productive trees.

The LARP authorscorrectly and accurately calculated the loss of trees and the amount of their compensation. 2.6. ASSESSMENT OF THE AFFECTED HOUSEHOLDS STATE

By way of confirmation that the calculated payments for the affected households and families aredone correctly the author of this report randomly visited areas, which are inhabited by the

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affected families. The survey carried out with each APwhich influenced by the Project confirmed that the data recorded in DRQ were correct in relation to the type of affected crops and trees, for the families information reflected in the spreadsheets to calculate compensation was appropriate.

3. ASSESSMENT OF COMPENSATION

3.1. FIELD VISIT

In the above-mentioned areas,the recipients of compensation were selectively inquiredabout satisfaction of the received compensation amount for loss of crops, trees and lands. The process of compensation payment was implemented at the “Amonatbank” building. The PMU staff and the Contractor’s representatives

attendedtheprocessofgrantingcompensation. All recipients of compensation expressed that the amounts received are considered adequate to their losses (for the yield and the trees) and do not have any complaints against BT, PMU, the Contractor and local authorities. (Questionnaires are enclosed to this Report, Annex 2)

Thus, the evaluations enabled to confirm the facts, compensations toAP for the crops and trees. In above areas, compensations were paid only to dehkan farms and families who suffer from the loss of land use rights.

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Compensation payments to affected people have been carried out in the period from September 1 to 5, 2014. The total amount paid as compensation was TJS 836030. 3.2. ASSESSMENT OF THE

PAYMENT

PROCEDURES

The process of compensationswas met in accordance with accepted procedures. Each recipient presented a document proving his identity (Passport). Payments were made through

transferring to the recipients’ naЦОs from the “AЦonatbanФ” branches in the districts of Khatlon Oblast. Each recipient signed individual bank receipt and statement. Original receipts will be kept by the recipient and BT. Thus, one may conclude that compensation was provided in accordance with these procedures. It should be noted that, according to the ADB procedures payment was made before commencement of physical works.

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4. ASSESSMENT OF THE PROCEDURES FOR CONCULTATIONS

AND COMPLAINTS

4.1. ASSESSMENT OF THE GRIEVANCE PROCEDURES

The methods for solving any complaints listed in LARP and in informational brochure, which were distributed to each affected household. The grievance procedures have been approved by the Minister of Energy and Water Resources of the Republic of Tajikistan and ADB as it was a part of LARP which they approved. 4.2. CLAIMED AND RESOLVED CONFLICTS AND COMPLAINTS

During monitoring affected peoplewere interviewedif they have any complaint. Interviewed people responded they did not claim complaints to any local or the central authorities. 4.3. ASSISTANCETOSATISFYGRIEVANCEANDMONITORTHEREVIEWPROCE

DURES

Since there were no official complaints as noted in above Section 4.2 there was no need for assistance or solutions.

5. APPLICATION, RECOMMENDATION AND EXPERIENCE

5.1. APPLICATION

I, Okil Shirinov, hereby declare that have prepared this report as an independent External Consultant on Monitoring. Furthermore, I declare that I have no official association and relationship with any of the parties involved in the construction of power lines, including Financing Agency, the Clientor Contractor. Also, I declare that this report has been prepared in a professional manner, and the remuneration for this work will be paid to me in accordance with the Contract. Payment for the assessment will be made by “Barki Tojik” OpОn StocФ HoХdТnР CoЦpanв regardless of the RОport’s concХusТon and no encouragement I did receive in preparation of this report conclusion. My professional opinion is that all activities to implement LARP were carried out in accordance with the established requirements and in full. All cash payments were calculated and paid accordingly, and official records are kept for audit. 5.2. RECOMMENDATIONS

5.2.1. DISSEMINATION OF LARP

Prepared LARPenabled to avoid all complaints claimed by AP. It can be assumed, that the prepared LARP by now is considered effective in Tajikistan. Thus, it is recommended that this LARPto be available for other authorities and ministries, as an example of what was acceptable and realistic in this case. This can save time and significantly reduce a scope of work for others in further and lead to a more appropriate timing for preparation

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and implementation of such plans for future projects. 5.2.2. ESTABLISHMENT OF COMMON DATABASE AND SPREADSHEET

In order to simplify future calculations and reporting, it is recommended, to develop a common database that will make easy printingthe DRQ forms, as well as help for digital maintenance and storage of the data obtained while collecting surveys or other studies. Tables for the calculation of compensation paymentsis required to prepare in such a manner that they coincide with the ones in the database to facilitate the budget calculation for payment and actual amounts of compensation. 5.3. EXPERIENCE LEARNT

5.3.1. PREPARATION

I consider it is important to have an adequate preparation at the beginning of the Project to avoid necessity in further measures on data collection that may delay the LARP implementation. It is required to inform in advance the affected people about visit sand surveys so that to avoid delays in timely implementation of proposed activity. 5.3.2. PREPARATION OF COMPLEX LARP AND ITS IMPLEMENTATION

Notwithstanding the LARP is an efficient plan now, taking into account the infrastructure development in the country, more complex LARP design may be required in further. Such events will occur if actual infrastructure like houses or offices should be demolished, or resettlement of people is required on continuing or temporary basis. Works completed under this Resettlement Plan showed the needs of local personnel to be trained in the best international practice in relation to the environmental protection and social issues that preparation of complex plans can be made rapidly and in effective way.

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6. CONCLUSION

1. Thus, them aim achievement of outcomes for their viewed LARP implementation regarding social issues the fact should be considered that acquisition of lands used for houses and economic buildings was avoided, i.e. people’s resettlement was avoided and area of the lands acquisition used for agricultural crops was minimized, as it is required by ADB policy in the field of social issues.

2. Next positive moment for LARP is formulation of the integrated principles and standard formulas through which calculations of the compensation amounts were made for affected families. According to the results of compensation payments and implementation plan no grievances of AP were stated.

3. Itshouldbealsonotedthat while calculating compensation amounts the parameters complex were considered as follows: ) permanent and temporary lands acquisition,

) typeofagriculturalcrops, productivity and market value,

с) fruit-bearing and not productive trees,

) lossoflanduserightandcompensation for lost yield for 5 years, etc.

4. ConductedmonitoringofconformitybetweentherequirementssetforthinLARP(in particular, in thО “EntТtХОЦОnt MatrТб”) and their implementation on practice showed the following:

usedforms for DRQ include all necessary information to ensure compliance with LARP;

usedformulasforcalculatingalltypesoftheAPloss, as well as calculated coЦpОnsatТon aЦounts ЦООt thО rОquТrОЦОnts oП thО “EntТtХОЦОnt MatrТб”;

documentswhichconfirmpayablecompensationstoallAF are thoroughlyprepared and will be stored during relevant years;

rightsofAPforcompensationwereobservedinaccordancewiththe accepted procedures and gap in providing payments, from the moment of being approved by ADB, can be considered as good;

Since during field visits and conducting repeated surveys all inquired heads of AP (20% - a number of received compensation) were satisfied by the payment amounts and did not express grievance, and in rural Hukumats it was confirmed that they did not get any complaint. Generally, the LARP implementation can be considered as satisfactory.

By now the implemented LARP in Tajikistan can be considered as optimal and it should be recommended to other Implementing and Executive Agencies as acceptable and actual example.

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ANNEX 1

Grant 0213-TAJ (SF) Regional Power Transmission Project/ 0213-

Questionnaire of heads of affected households for external monitoring purpose / я я я

1.Name/ И ___________________________________________________________________ 2. Jamoat/ _______________________________________________________________ 3. Passport #/ _____________________________________________________________ 4. Received amount as compensation/ я _____________________ Received amount of compensation for felled trees/ я я___________________________________________________________ Type of lost harvest (yield)/ я я________________________

________________________ ________________________ ________________________

5. Quantity of felled trees/ _______________________ 6. Areaof land alienation / ё TОЦporarв/ ____________________ PОrЦanОnt/ я ____________________ 7. Quantity of installed poles/ : Angle shape/ __________________________ Suspension (intermediate) / __________________________ 8. Satisfied received compensation amount / : ВОs/ ___________ Not/ _______________ othОrs / ____________ 9. CoЦpХaТnts ТП anв on actТons oП BarФТ ToУТФ/PIU/SuppХТОr/ К « »/ / я ВОs/ ___________ Not/ _______________ othОrs / ____________ _______________________________________________________________________________ _______________________________________________________________________________ RОspondОnt SТРnaturО/ _________________________ QuОstТonОd bв / ____________________________________ Data/ ______________________________