Service Contract PP2A1/THVAP/CS/QCBS/07 DDRAP - DETAILED...

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Millennium Challenge Corporation

USA

Millennium Challenge Account Moldova

Republic of Moldova

Service Contract PP2A1/THVAP/CS/QCBS/07

DDRAP - DETAILED DESIGN and RESETTLEMENT ACTION PLAN

with options for

RAP IMPLEMENTATION AND CONSTRUCTION SUPERVISION

for the

CENTRALIZED IRRIGATION SYSTEMS REHABILITATION ACTIVITY

SITE SPECIFIC RESETTLEMENT ACTION PLAN

CIS 14-2 CRIULENI

issue pre-

clearance comments approval

Dec 13, 2012

section type issue

8 R 5 Dec 13, 2012

Joint Venture

Agriconsulting Europe, BRL Ingénierie, SWS Consulting Engineering and HYDEA

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TABLE OF CONTENT

LIST OF TABLES ...................................................................................................................... 3

LIST OF FIGURES .................................................................................................................... 4

LIST OF ANNEXES .................................................................................................................. 4

LIST OF ABBREVIATIONS ..................................................................................................... 5

1. PROJECT OVERVIEW .................................................................................................. 6

1.1. CISRA overview ...................................................................................................................... 6

1.2. CIS Criuleni project overview ................................................................................................ 6

2. POTENTIAL RESETTLEMENT IMPACTS .................................................................. 8

2.1. Project area of impact ........................................................................................................... 8

2.2. Mechanism to minimize resettlement .................................................................................. 8

2.3. Categories of resettlement impacts ...................................................................................... 9

3. RESETTLEMENT ACTION PLAN OBJECTIVES ........................................................ 9

4. CENSUS AND SOCIO-ECONOMIC SURVEY ............................................................. 9

4.1. Objectives .............................................................................................................................. 9

4.2. Methodologies and tools .................................................................................................... 10

4.3. Categories of PAPs............................................................................................................... 11

4.4. Basic characteristic of project affected persons ................................................................. 12

4.5. Affected agricultural plots ................................................................................................... 17

4.6. Mitigation of resettlement impacts .................................................................................... 20

4.7. Magnitude of expected losses............................................................................................. 21

5. LEGAL FRAMEWORK ............................................................................................... 21

5.1. Resettlement overview ....................................................................................................... 21

5.2. Legal framework for expropriation ..................................................................................... 22

5.3. Expropriation for public benefit scenario applicable to rehabilitation of CIS ..................... 24

Refer to Annex 7 which sets out the implications of land expropriation for purposes of current

project. ............................................................................................................................................ 24

5.4. Comparison between national legislation and WB OP 4.12 ............................................... 24

5.5. Real estate valuation process in Moldova .......................................................................... 25

5.6. Replacement cost ................................................................................................................ 25

5.7. Normative price of land ...................................................................................................... 25

6. INSTITUTIONAL FRAMEWORK ............................................................................... 26

6.1. Central governmental institutions ...................................................................................... 26

6.2. Local governmental institutions .......................................................................................... 27

6.3. Newly establishing committees .......................................................................................... 27

6.4. Private entities .................................................................................................................... 28

6.5. Roles and responsibilities .................................................................................................... 28

6.6. Approach for involving GoM authorities in RAP implementation ...................................... 31

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7. COMPENSATION FRAMEWORK .............................................................................. 31

7.1. Eligibility and rights ............................................................................................................. 31

7.2. Cut-off date ......................................................................................................................... 31

7.3. Valuation of affected assets ................................................................................................ 31

7.4. Compensation for affected assets....................................................................................... 33

8. PUBLIC CONSULTATIONS AND PARTICIPATION ................................................ 34

8.1. Objectives of community involvement ............................................................................... 34

8.2. Project stakeholders ............................................................................................................ 35

8.3. Public consultation strategy ................................................................................................ 35

8.4. Public consultation process ................................................................................................. 36

8.5. Consultation of absentee PAPs ........................................................................................... 37

8.6. Agreements ......................................................................................................................... 37

9. GRIEVANCE MECHANISM ....................................................................................... 38

9.1. Establishment of grievance redress committees ................................................................ 38

9.2. Terms of grievance redress ................................................................................................. 38

9.3. Grievance redress capacity building.................................................................................... 38

9.4. Terms of grievance redress ................................................................................................. 39

10. IMPLEMENTATION SCHEDULE .............................................................................. 39

10.1. Implementation schedule ............................................................................................... 39

11. MONITORING RAP IMPLEMENTATION ................................................................. 42

11.1. Goal and specific objectives ............................................................................................ 42

11.2. Monitoring indicators ...................................................................................................... 42

11.3. Monitoring framework .................................................................................................... 43

11.4. Management and implementation plan ......................................................................... 45

LIST OF TABLES

Table 1. Share of land users disaggregated by farm size

Table 2. Break-down of the land areas by farm size

Table 3. Number of affected persons and land plots disaggregated by categories and location

Table 4. Number of affected individuals by expression of interest, membership and participation

in the project

Table 5. Number of affected plots, total area and affected area disaggregated by categories of

PAPs

Table 6. Number of affected plots, total and affected areas disaggregated by categories of

individuals

Table 7. Number of affected plots, their total and affected area

Table 8. Magnitude of expected loss

Table 9. Roles and responsibilities in RAP implementation

Table 10. Estimated affected area disaggregated by affected annual crop varieties

Table 11. Number of affected trees disaggregated by affected fruit tree varieties

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Table 12. Breakdown of the compensation calculations for lost annual crops and loss of access to

land

Table 13. RAP implementation budget breakdown

Table 14. RAP implementation schedule

Table 15. Indicator table

Table 16. Internal monitoring framework

LIST OF FIGURES

Figure 1. Location scheme of CIS Criuleni

Figure 2. Land tenure structure

Figure 3. Cadastral structure of village Slobozia-Dusca

Figure 4. Fraction of time allocated for different types of activities

Figure 5. Average fraction of time allocated for different activities per affected family members

Figure 6. Distribution of affected individuals by source of information

Figure 7. Distribution of affected individuals by type of impact

Figure 8. Distribution of affected companies by source of information

Figure 9. Distribution of affected individuals by number of affected land plots

Figure 10. Distribution of plots by estimated affected area


Figure 12. Distribution of plots by share of affected area

LIST OF ANNEXES

Annex 1. CIS Criuleni design drawings

Annex 2. Map of project area of impact

Annex 3. Census and socioeconomic survey questionnaires

Annex 4. Distribution of affected individuals by net income per family member per year

Annex 5. List of individuals and companies that refused to participate in the project

Annex 6. National legal framework which have a relevance to land acquisition and resettlement

Annex 7. Description of temporary land expropriation for public benefit scenario applicable to

CIS rehabilitation

Annex 8. Divergences between Moldovan Legislation and the World Bank Operational Policy

4.12 on involuntary resettlement

Annex 9. Measures to be taken to implement resettlement in compliance with the provisions of

WB Operational Policy 4.12

Annex 10. Entitlement matrix

Annex 11. Breakdown of calculations of plantation recovery costs

Annex 12. Breakdown of calculations of compensations for loss of perennial plantations

Annex 13. Breakdown of compensations by PAPs, land plots and lost crops

Annex 14. Measures to prevent unjustified claims from the affected persons during the RAP

implementation

Annex 15. RAP Informational leaflet

Annex 16. List of participants at the FGD meeting in CIS Criuleni

Annex 17. Focus Group Discussion agenda

Annex 18. Identification and compensation payment to the absentee PAP

Annex 19. Power of Attorney template

Annex 20. Template agreement between the PAPs and MCA

Annex 21. Instructions for RAP grievance redress mechanism

Annex 22. Grievance redress mechanism

Annex 23. RAP complexity areas

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LIST OF ABBREVIATIONS

AM Agency "Apele Moldovei"

CIS Centralized Irrigation System

DCC District Coordination Committee on resettlement and land acquisition

FGD Focus Group Discussions

GRM Government of the Republic of Moldova

ISRA Irrigation Sector Reform Activity

LPA Local Public Administration

MCA Millennium Challenge Account

MDL Moldovan currency

NGO Nongovernmental organization

OP 4.12 Operational Policy 4.12 on involuntary resettlement

PAP Project affected person

RAP Resettlement Action Plan

RAPI Resettlement Action Plan Implementer

RLC Resettlement Local Committee

RPF Resettlement Policy Framework

SLC Secretary of Local Council

SRC Secretary of Rayon Council

TES Criuleni State Enterprise “Training Experimental Station Criuleni” under the

Ministry of Agriculture and Food Industry of the Republic of Moldova

THVA Transition to High Value Agriculture

ToR Terms of Reference

WB World Bank

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Criuleni

Onițcani

Slobozia-Dușca

14-2 CIS Criuleni

r. Nistru

Localități / Cities_towns_villages

Hotarele administrative

Localizare / Location

Schema de localizare a CIS 14-2 Criuleni

Legendă / Legend

Location scheme of CIS 14-2 Criuleni

Chisinau

Cahul

Bender

Nistru

Nistr u

Balti

12-3 Cosnita

11-7 Lopatna

3-6 Grozesti

5-4 Leova Sud

14-13 Roscani

14-2 Criuleni

3-2 Blindesti

14-11 Puhaceni

11-6 Jora de Jos

6-9 Masivul Cahul

6-6 Chircani-Zirnesti

RO

MA

NI A

UC

RA

I NA

1. PROJECT OVERVIEW

1.1. CISRA overview

The Centralized Irrigation System Rehabilitation Activity (CISRA) is a component of the

Transition to High-Value Agriculture (THVA) Project, a Compact project financed by

Millennium Challenge Corporation (MCC) and implemented by Millennium Challenge Account

(MCA).

The main objective of CISRA is increase access to safe and reliable water supply by

rehabilitating up to 11 Centralized Irrigation Systems located on the Nistru and Prut Rivers. The

following CISs were selected for full rehabilitation: Group1 - Jora de Jos (11-6), Lopatna (11-

7), Criuleni (14-2); Group 2 - Blindesti (3-2), Grozesti (3-6); Group 3 - Cosnita (12-3),

Puhaceni (14-11), Roscani (14-13); Group 4 - Leova South (5-4), Chircani-Zirnesti (6-6), Cahul

Massif (6-9).

1.2. CIS Criuleni project overview

The main objective of the project is to increase access of land users within the command area of

CIS Criuleni to safe and reliable water supply by fully rehabilitating the irrigation system.

Full system rehabilitation will require the replacement of pumps and the repair of pumping

station buildings as well as installing new primary, secondary and tertiary distribution networks.

Although the whole rehabilitation process may last up to two years, the installation of new

pipelines would be completed within a year.

CIS characteristics

CIS Criuleni is located in the central-eastern part of the Republic of Moldova (in the district of

Criuleni). The total command area of the system is 677 ha, out of which 330 ha are within the

administrative area of town of Criuleni, and 347 ha within Slobozia-Dusca village. The CIS

Criuleni command area and location are shown below in Figure 1.

Figure 1. Location scheme of CIS Criuleni

The system was completed in 1985

and has not been rehabilitated since.

The pipeline network is in bad

condition. Most of the irrigated area

served by NSP-1 is no longer in

working condition due the

disappearance of key parts and

structures like hydrants and

distribution network The intended des

igned irrigation method was sprinkler

irrigation using laterals type Sigma,

DD-30 and Dnepr. The on-farm

watering system for NSP-2 was the

side-move sprinkler system pulled by

a tractor; water was suctioned by an

auxiliary pressurizing pump attached

to the lateral. The system water source

is the Nistru River.

The system includes three pump

stations: NSP 1, NSP 2 (A and B) and NS 3. The total length of newly installed pipes is about

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32,5 km, including 1.5 km of mains, some 9 km of secondary pipes and about 22 km of tertiary

pipes. Pipes diameter ranges between 150 mm and 800 mm; they are made of steel reinforced by

concrete, concrete-encased steel, and asbestos-cement. The system involves also 447 hydrants,

54 manholes, 104 air release valves and about 98 washouts. A set of drawings showing the

proposed technical design of the new network is presented in Annex 1.

Project beneficiaries

The rehabilitation of CIS 14-2 Criuleni will benefit some 506 land users1 who cultivate

agricultural plots located in the CIS command area and who will be provided with a managed,

predictable supply benefit from irrigation water. Such beneficiaries will include land owners,

renters and leasers. About 44% of the land plots are cultivated by the land owners while 56% of

land plots are cultivated on rental basis. For almost a half of the rented land plots official legal

documentation for the rental agreement is not available; with verbal agreements to rent from

relatives being common. The figure 2 shows structure of land use rights in the area of concern.

Figure 2. Land tenure structure

Within the CIS command area, the vast majority of land users (about 84%) has very small plots

and cultivate less than 1 ha. The share of medium and large land users (with plot area more than

10 ha) is about 1.8%. The share of land users disaggregated by farm size is provided in Table 1

Table 1. Share of land users disaggregated by farm size

<=1 ha 1.01-5 ha 5.01-10 ha 10.01-50 ha >50 ha TOTAL

83.6% 13.6% 1% 1.6% 0.2% 100 %

The situation is different in relation to farm size. Holdings of more that 10 ha account for almost

a half (49.1%) of the CIS command area, while holdings of less than 1 ha account for a quarter

(25.4) of command area (See Table 2 below.)

Table 2. Break-down of the land areas by farm size

<=1 ha 1.01-5 ha 5.01-10 ha 10.01-50 ha >50 ha TOTAL

25,4% 20,4% 5,2% 32,2% 16,9% 100 %

1 Irrigation Sector Reform Activity: Deliverable no 5- Expression of interest, Land users inventory, August 2011

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Since in August 2011 the number of land owners in the CIS command area was more than 14002,

the pool of potential beneficiaries may increase over time

Project positive impacts

The rehabilitation of CIS Criuleni will have sustainable positive sustainable impacts on crop

production and incomes. Along with the ISRA component responsible for WUA establishment

and strengthening and CIS management transfer, the rehabilitation of CIS Criuleni will result in

increased access of land users to a predictable and reliable irrigation water will lead to increased

crop productivity and quality and/or adoption of HVA crops that in turn will result in increased

sales, agricultural incomes and agricultural employment. Thus along with other Compact

Program components, CISRA will contribute to poverty reduction in Moldova, especially in

rural areas.

2. POTENTIAL RESETTLEMENT IMPACTS

2.1. Project area of impact

Given the fact that the whole distribution network is located (buried) on private agricultural

plots, rehabilitation works will negatively affect those land users who cultivate crops in the

project area of impact. Based on technical requirements for carrying out of construction works

and project ToR provisions there were established a 20 m width easement the primary, secondary

and tertiary pipelines. In case where the established easement is not sufficient to ensure free

access of workers and machinery to the construction site, easement area will be enlarged to the

extent necessary to ensure sufficient access.

The area of impact was established with use of GIS tools and available spatial information (aerial

images, cadastral plans, maps of irrigation infrastructure, topographic survey, etc.)3. In addition,

field visits were undertaken to make an inventory of all affected land plots along the pipeline.

The map showing the project area of impact is presented in Annex 23.

2.2. Mechanism to minimize resettlement

A mechanism to minimize resettlement cases and impacts was established to be in line with the

main objective of the WB OP 4.12. In envisaged exploration of all possible alternatives of

project design, including pipeline replacement alongside the roads and land plots by the

designers and RAP experts. It has been applied especially for affected land plots cultivated by

PAPs who disagree to participate in the project as well as to the affected perennial plantations

which represent the greatest expected loss produced by the rehabilitation works.

The mechanism envisaged several steps as follows:

1. Preparation of the draft design of CIS (with new pipe alignment that was changed with 3

and 5 meters away from the old one);

2. Determination the area of impact and identification of affected land plots (by applying

established easement parameters required for construction works);

3. Preliminary identification of affected crops by means of PAP census;

4. Verification, inventory and valuation of identified affected crops (by conducting site

visits);

5. Preparation of the digital map showing the crop pattern within the area of impact and

location of affected land plots cultivated by PAPs who disagree to participate in the

project;

6. Visual analysis of the map and exploration of all possible alternatives of project design;

2 Irrigation Sector Reform Activity: Deliverable no 5- Expression of interest, Land users inventory, August 2011

3 Field visits were made for valuation of multiannual plantations and other affected assets

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7. Verification, inventory and valuation of new affected land plots and cultivated crops in

case project design alternatives were found;

8. Analysis and comparison between project design alternatives and selecting the one that

minimizes resettlement to the greatest extent.

2.3. Categories of resettlement impacts

The rehabilitation of CIS Criuleni will generate the following short-term negative socio-

economic impacts:

1. Loss of annual crops

2. Loss of perennial plantations

3. Temporary loss of access to land on unused land plots

Loss of annual crops and perennial plantations as well as temporary loss of access to unused land

plots are the major impacts generated by CIS rehabilitation. Therefore, the project will give rise

to temporary economic displacement of the affected land users manifested in temporary loss of

income flows or means of livelihood because of obstructed access to the land under construction

works.

CIS rehabilitation will most likely not affect agricultural labor seasonally employed by the

affected commercial and state-owned companies due to the following reasons:

1. the share of current anticipated affected area of impact is minor in relation to the total farm

area located within (and outside) the command area that may result in insignificant changes

in the demand for seasonal labor;

2. once the construction works and RAP implementation will be carried out in phases (by

sector and at different points of time), the allocation of human resources could be

temporarily changed by redirecting the labor force to other non-affected land plots;

3. the construction contractor will be looking to hire unskilled labor for numerous positions.

MCA-Moldova will ask that local labor be given a priority in filling those positions.

3. RESETTLEMENT ACTION PLAN OBJECTIVES

The overall objective of the RAP is sustainable restoration or enhancement of affected persons’

pre-project income level and living standards in conformity with objectives of the World Bank

Policy OP 4.12 and best international practices regarding involuntary resettlement.

The specific objective of RAP is to avoid involuntary resettlement where feasible, or minimize it

exploring all variable alternative project designs. In pursuance of this object, the RAP will:

(i) Identify resettlement impacts, their magnitude and project affected persons;

(ii) Outline measures to mitigate various losses caused by land acquisition and resettlement.

4. CENSUS AND SOCIO-ECONOMIC SURVEY

4.1. Objectives

Being a key stage in RAP preparation, PAPs census and socio-economic survey had the

following objectives:

1. Enumerate and register PAPs and make a preliminary inventory of the affected assets,

2. Identify categories of impacts and the magnitude of expected losses,

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3. Identify basic socio-economic characteristics of PAPs

4. Establish a baseline for monitoring and evaluation.

4.2. Methodologies and tools

Population

The PAPs included in the of census and socio-economic survey are users (individuals and legal

entities) of agricultural land plots situated in the resettlement area of impact. Users of affected

plots were identified with use of: (i) updated database (of December 2011) of the agricultural

land plots owners (including long term renters) and cadastral plans in the CIS Criuleni command

area; (ii) inventory of land users conducted by ISRA team ( in August 2011); (iii) orto-photo

map and map of the irrigation system infrastructure (pump stations, pipes, hydrants, manhole,

etc.); (iv) consulting local cadastral engineers during field visits; (v) interviews with PAPs.

The database developed by ISRA was used to identify users of affected plots. Although

information on land users collected by ISRA consultants was based on in-depth knowledge of

local situation, its utility was limited because of use of out-of-dated cadastral information.

Because of this, updated information on ownership was purchased at the State Enterprise

Cadastre. However, that was still insufficient to accurately identify all affected land users. Lack

of cadastral information on some land plots, unregistered ownership rights, inaccurate cadastral

maps and geodesic errors were the main issues limiting accurate identification of affected land

users. For example, about 54 land plots located in the Nistru River floodplain in Slobozia-Dusca

village and those located in Onitcani village were distributed after finalization of the land

privatization program. Ownership titles for these land plots were not registered and issued due

to the lack of financial resources.

The issues of unregistered ownership rights were solved by field visits to identify affected land

users with the help of local cadastral engineer. The Project Affected Persons have been

identified in the field and the ownership rights registration does not represent an impediment to

calculate and provide appropriate compensations to PAPs.

In cases when cadastral plans did not correspond to actual location of the land plots shown on

ortho-photo (because of technical problems), land plots were adjusted in accordance with the

orto-photo maps to minimize the errors when determining the impact area and the potential

affected persons.

Figure 3 below illustrates the problems related to cadastral structure described above. Scattered,

not geo-referenced cadastral structures in Slobozia-Dusca village made it more difficult to

identify affected land users and land plots.

Figure 3. Cadastral structure of village Slobozia-Dusca (obtained from www.geoportal.md)

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The list of PAPs was updated by field enumerators during the census and socio-economic survey

carried out in 2012.

Questionnaires

For the census and socio-economic survey four questionnaires were used. Two questionnaires

were developed for the census (one for individuals and the other one for legal entities) and two

questionnaires for socio-economic survey (one for individuals and the other one for legal

entities). Questionnaires are presented in Annex 3.

Interviews

The PAPs were interviewed individually and interviews took place in the mayoralty, PAP’s

houses or enumerator’s houses. The duration of the interview for census differed from those for

socio-economic survey. For the census, average duration of the interview varied from 15 minutes

to 1 hour; with average duration of 40 minutes, (depending on the number of respondent’s

affected land plots). For the socio-economic survey, average duration of interview was more

than one and half hours and had a very low response rate.

Enumerators were selected from those persons who were experienced in conducting of such kind

of surveys and who were well informed about current state of the agricultural land plots in CIS

Criuleni command area. These persons were regional and local consultants of the Rural

Extension Service, cadastral engineers, teachers, etc. All enumerators were provided training

prior to conducting of census and socio-economic survey, and were monitored and supervised

during survey implementation..

Data processing and storage

Collected data were processed in parallel with PAPs interviewing and a database on project

affected persons was created in Microsoft Access 2010. The database includes tables for data

storage, forms for data processing and queries for data manipulation.

4.3. Categories of PAPs

The census and socio-economic surveys were designed to collect data on the following main

categories of affected persons: (i) individuals, (ii) commercial companies, (iii) public entities.

The results of the survey have revealed that more than 206 individuals, commercial companies

and public entities will be affected by the loss of either annual crops, perennial plantations and

access to land as a result of CIS 14-2 Criuleni rehabilitation.

Table 3. Number of affected persons and land plots disaggregated by categories and location

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Place of residence/ope

ration Status

Individuals

Plots Compa

nies Plots

Public entities

Plots Total

affected persons

Total affected

plots

Criuleni

Interviewed 18 31 10 73 0 0 28 104

Absent 8 21 0 0 0 0 8 21

Total 26 52 10 73 0 0 36 125

Slobozia

Dusca

Interviewed 152 317 4 248 1 1 157 566

Absent 12 46 1 1 0 0 13 47

Total 164 363 5 249 1 1 170 613

Onitcani

Interviewed 0 0 0 0 0 0 0 0

Absent N/A 18 0 0 0 0 0 18

Total 0 18 0 0 0 0 0 18

Total

Interviewed 170 348 14 321 1 1 185 670

Absent 20 85 1 1 0 0 21 86

Total 190 433 15 322 1 1 206 756

Twenty affected persons (20 individuals and 1 company) could not be found and interviewed

during the census. In addition, the land users/land owners cultivating about 54 affected land plots

could not be identified due to lack of information in the cadaster registry and limited time.

Therefore, the information provided below does not include data on absentees/unidentified

PAPs. They will be identified, contacted and interviewed at the beginning of RAP

implementation.

Some categories of PAPs are disaggregated by sub-categories, including gender for affected

individuals and legal form for commercial companies. The total number of affected interviewed

individuals is 170, out of which 70% were men and 30 % - women. The total number of

interviewed affected companies was 14; half of them were peasant farms and half - limited

liability companies.

4.4. Basic characteristic of project affected persons

4.4.1. Affected individuals

Social information

The rehabilitation works of CIS Criuleni will affect 170 individuals. The age of individuals

varies from 29 to 90 years with a mean age of 56 years. The age of almost half of affected

individuals ranges between 51 and 60 years old, while the age of one-fifth of them ranges

between 41 and 50 years. Individuals with age of more than 61 years account for one-third of the

total number of affected individuals.

The vast majority of the affected individuals (more than three-quarters) are married while one-

fifth of them are widowed. In this regard, there is a significant difference between men and

women. The number of widows is equal to the number of married women.

Among the affected individuals, 4 women are chronically ill and/or disabled.

One hundred and seventy affected households comprise 411 persons. Almost half of the affected

individuals have families consisting of 2 members, followed by the families with 3 and 1

member. There are 7 affected persons who have large families consisting of 5 or 6 members.

A little more than a quarter of affected households are taking care of 79 young persons aging up

to 25 years inclusively. The majority of families have one young person to care of, followed by

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families with two young persons. Altogether, in the project impact area, there are 6 families with

3 and 4 young persons.

There are 194 women in the affected households. About three-quarters of the affected

households have one female member and one-fifth of families have at least two women.

The total number of persons aged more than 61 years old under the care of affected households is

81 persons. Majority of affected households don’t have such persons as members. More than

20% of the affected households have one such member while the rest of households take care of

two people aging more than 61 years old.

In addition, 7 affected households are taking care of one disabled or chronically ill person.

Economic information

Household work and paid employment consume on average 32% and 22% of the total amount of

time respectively. Agriculture is one of the main occupations of the affected individuals, who

spend on average about 25% of their time for that purpose. Non-agricultural activities,

employment abroad, care of children and other activities consume less than 10% of time each.

The fraction of time allocated for different types of activities of affected individuals are

presented in Figure 4.

Figure 4. Fraction of time allocated for different types of activities

Although the fraction of time allocated for agricultural activities varies from 0% to 80%, the vast

majority of affected individuals spend less than 20% of their total time on this activity. For 16%

of affected individuals, agriculture is the most important occupation consuming 41-80% of their

time.

At the household level, agriculture is an important activity which consumes on average 19% of

total time of the household members. Other important activities, such as household work, paid

employment, school and kindergarten consume on average 32%, 18% and 11% respectively.

Other activities consume less than 10% each. The average fraction of time allocated for different

activities per affected family members is shown in Figure 5 below.

Although the fraction of time allocated for agricultural activity varies from 0% to 65%, in almost

half of affected households, agriculture consumes on average 1-15% of total time. For one-third

of the affected families, agriculture consumes 16-30% of total time of its members; while for

20% affected households agriculture is the most important item and consumes between 31-65%

of total time.

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Total Men Women

Agriculture Non-agriculture Salarised job Job abroad

Household work Care of children Study/kindergarten Other activities

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Figure 5. Average fraction of time allocated for different activities per affected family members

The average time spent by family members of the affected individuals on paid employment is

roughly equivalent to time spent for agricultural activity. However, only half of affected

households have a member in full time or part time employment. Part of these families spend

about 16-30% of time on paid employment while for more than a half of the total the time

involved ranges between 31% and 70%.

The absolute majority of affected individuals and their families live below the poverty line. In

2011, the poverty line threshold was 1500 MDL per person per month. With a few exceptions,

low net income was declared by all women. The distribution of affected individuals by net

income per family member per year is presented in Annex 4.

Project related information

Almost all affected individuals (about 98%) are aware of the proposed irrigation system

rehabilitation. They have learned of this from awareness campaigns conducted by ISRA in 2011

and DDRAP in 2012. Almost half of informed individuals has received information about

irrigation system rehabilitation from the project (DDRAP representatives), while most were also

aware about the project through television broadcasts and/or from neighbors. Distribution of

affected individuals by source of information is shown in Figure 6.

Figure 6. Distribution of affected individuals by source of information

0% 20% 40% 60% 80% 100%

Total

Men

Women

Agriculture Non-agriculture Salarized job Job abroad

Household work Care of children Study/kindergarten Other activities

0

50

100

150

200

250

Total Men Women

Other

Neighbours

Radio

Newspaper

TV

Project

15

In 2012, two-thirds (67%) of affected individuals have expressed their interest in establishing

Water Users Associations within and with support from ISRA and almost 59% of PAPs became

members of newly registered Water Users Associations later in 2012. Although some individuals

did not show much interest in irrigation water supply and establishing WUA, the vast majority of

affected households have agreed to participate in the project by granting the right to carry out

construction/ rehabilitation works on their land plots, as reflected in Table 6 below. The list of

affected individuals who refused to participate in the project is presented in Annex 5.

Table 6. Number of affected individuals by expression of interest, membership and participation

in the project

Affected individuals Expression of

interest

WUA

member

Participation

in project

Total affected individuals 114 67,1% 100 58,8% 159 93,5%

Men 86 72,3% 78 65,5% 112 94,1%

Women 28 55% 22 43% 47 92%

About 90% of affected individuals have declared that they were aware of compensation to be

provided under the project to minimize the economic displacement impact, with the vast

majority preferring cash compensation for loss of income.

Most affected individuals have expressed an opinion on the potential effects of irrigation system

rehabilitation. They overwhelmingly state that increased crop production and greater incomes are

the main positive impacts of rehabilitation. Increased job opportunities and animal production

are considered as potential positive impacts by 11% and 9% respectively. Distribution of

affected individuals by type of impact is shown in Figure 7.

Figure 7. Distribution of affected individuals by type of impact

4.4.2. Affected commercial companies

There are 14 affected commercial companies, of which 7 are peasant farms and 7 are limited

companies mainly headed by men (93%). Peasant farms are normally owned by one person,

while limited liability companies are owned by more than one people. Therefore, total number of

the affected peasant farms’ and company owners is 22. The registration certificates are available

at all companies.

More than one-third of affected companies (36%) have an annual turnover of less than 100

thousand lei and these are all peasant farms. In almost a third (29%) of companies annual

turnover ranges between 100-200 thousand lei and a half of these are limited liability enterprises.

The remaining companies have annual turnovers of more than 300 thousand lei.

0 20 40 60 80 100 120 140 160 180 200

Increased crop production

Increased animal production

Increased incomes

Increased employment opportunities

Increased environmental polution

Reduced access to institutions

Women Men Total

16

All affected companies operate solely to produce crops. With one exception, these companies

sell their crops within Moldova and in 2011 the companies hired a total of 61 seasonal workers.

Almost all affected companies (except one peasant farm) expressed their interest in establishing

Water Users Associations and all these companies became members of WUAs registered in early

2012. Furthermore, with the exception of one limited liability company, all affected businesses

have agreed to participate in the project by granting the right to carry out construction/

rehabilitation works on their land. The list of affected company that refused to participate in the

project is presented in Annex 5.

There is a high interest toward rehabilitation of irrigation systems among companies and they all

show sufficient awareness of this. 86% of affected businesses indicate that the most important

information sources are the project (DDRAP representative) and neighbors. Other two important

sources are TV and radio. The distribution of affected companies by source of information is

shown in Figure 8 below.

Figure 8. Distribution of affected companies by source of information

All affected companies believe that the rehabilitation of the irrigation system will increase

income levels. Increased crop production and better job opportunities are considered as potential

positive effects of rehabilitation by 86% and 79% of affected companies respectively.

4.4.3. Affected public entities

Rehabilitation of the irrigation system will also affect agricultural plots cultivated by a public

entity, namely, the TES Criuleni. This is a state enterprise subordinated to the Ministry of

Agriculture and Food Industry and which is primarily involved in growing of fruit and vegetable

crops for both educational purposes and for sale.

This station employs 30 workers (28 men and 2 women) with an average monthly salary of 2,500

lei.

The director of the Agricultural Station has been informed about the rehabilitation of the

irrigation system by the project (DDRAP representative). Although he did not express an interest

in establishing a WUA and has not become a member of a WUA, the director has agreed to

participate in the project by allowing construction works on the enterprise’s land. Being aware of

the compensation package, the director preferred cash to cover loss of income to minimize the

impact of rehabilitation works on cultivated annual crops.

0 2 4 6 8 10 12 14

Project

TV

Newspaper

Radio

Neigbours

Total Limited liability companies Peasant farms

17

4.5. Affected agricultural plots

The rehabilitation of irrigation systems 14-2 Criuleni will require an easement of about 43 ha

affecting 742 land plots with a total area of around 455 ha. The information on affected plots

disaggregated by PAPs’ categories is shown in the Table 8 below.

Table 8. Number of affected plots, total area and affected area disaggregated by categories of

PAPs.

Place of

residence/operation Status

Affected

persons

Affected

plots

Total plots

area, ha

Total

affected

area, ha

Individuals

Interviewed 170 348 135,1866 15,8285

Absent 20 85 42,4346 5,9305

Total 190 433 177,6212 21,759

Companies

Interviewed 14 321 198,1776 17,7133

Absent 1 1 19,1798 0,0979

Total 15 322 217,3574 17,8112

Public entities

Interviewed 1 1 37,7275 3,8818

Absent 0 0 0 0

Total 1 1 37,7275 3,8818

Total

Interviewed 185 670 371,0917 37,4236

Absent 21 86 61,6144 6,0284

Total 206 756 432,7061 43,4520

The information about affected land plots provided below doesn’t include the affected plots

cultivated by affected persons who were not found/identified and interviewed during the census.

4.5.1. Affected individuals

More than half of affected plots are cultivated by individuals. Each person has on average 2

affected plots. The total affected area represents more than 15 ha, as indicated in the table below.

Table 9. Number of affected plots, total and affected areas disaggregated by categories of

individuals

Affected individuals Affected

persons

Affected

plots

Total plots

area, ha

Total affected

area, ha

Men 119 229 92,1935 11,3789

Women 51 119 42,9931 4,4496

Total 170 348 135,1866 15,8285

Some 98% of affected plots are cultivated by individuals as owners and legal proof of land use is

available for some 95% of plots.

Most PAPs have only one plot affected. A fifth (20%) of individuals have two plots affected;

while most remaining respondents (20%) have up to 8 plots affected.. The distribution of

affected individuals by number of affected plots is presented in Figure 10 below.

Figure 10. Distribution of affected individuals by number of affected land plots

18

The total area of affected land plots is about 135 ha; with almost a half of them have a total area

ranging between 0.2001 – 0.4000 ha. The area of 31% of plots ranges between 0.0001-0.2000 ha.

The remaining affected plots have an area more than 0.4 ha.

The total estimated affected area of land plots is more than 15 ha; with the exact area depending

on location of pipes, hydrants, manholes and valves. Almost 90% of plots situated in the area of

impact will have an affected area of less than one hectare. About 10% of plots have an affected

area ranging between 0.1001-0.3000 ha. Three land plots have an affected area more than 0,3 ha

and the distribution of plots by estimated affected area is shown in Figure 11.


Subject to location of land plots and irrigation infrastructure, the plots within the impact area will

be affected to different extents. The majority of plots (85%) will be affected to a minor extent,

with less than 20% of area affected. Twenty six plots will have between over 81% of their area

affected; with a further seven plots being completely affected by the project.

4.5.2. Affected companies

Rehabilitation of irrigation system will affect 321 plots cultivated by the commercial companies.

On average, each company has 23 affected plots. Total estimated affected area slightly exceeds

17 ha. Number of affected plots, their total and affected area is shown in Table 10.

Table 10. Number of affected plots, their total and affected area

0%

20%

40%

60%

80%

100%

Total Men Women

1 2 3 4 5+

80%

85%

90%

95%

100%

Total Men Women

0,0001 - 0,1000 ha 0,1001 - 0,2000 ha 0,2001 - 0,3000 ha

0,3001 - 0,4000 ha 0,4001 - 0,5000 ha 0,5001 - 0,6000 ha

19

Affected companies Affected

persons

Affected

plots

Total plots

area, ha

Total affected

area, ha

Peasant farms 7 14 18,1953 1,4823

Limited liability com 7 307 179,9823 16,231

Total 14 321 198,1776 17,7133

Majority of affected plots (79%) are being cultivated on the basis of ownership right; although

legal documentation is available for less than 40% of plots.

Some companies will be more affected than others. Over one-fifth (21%) of companies will have

only a single plot affected, with a further 14% of companies will have 2 plots affected. Seven per

cent of companies will have 3 and 4 plots affected plots; while a half of companies will have 6 or

more plots affected.

The total area of affected plots is almost 200 ha averaging 0,6 ha per land plot; which is

significantly larger than the average area per plot cultivated by affected individuals. Majority of

affected plots (83%) have an area less than 1 ha, with 13% of plots range between 1and 2 ha.

Subject to location of plots and irrigation infrastructure, the plots within the impact area will be

affected to a different extent. About 84% of plots will lose 0.1 ha or less, while less than 10% of

plots have an affected area ranging between 0.1 and 0.2 ha. The rest of plots (15 units) will have

affected areas ranging between 0.2 and 0.5 ha. Distribution of plots by estimated affected area is

shown in Figure 13.


The absolute majority of plots within the area of impact (about 87%) will not be significantly

affected and will temporarily lose less than a fifth (20%) of their total area. A further 10% of

plots will have 21-40% of their area affected. Thirteen plots will be affected to a greater extent

with more than 41% of the area affected and 3 plots will be 100% affected. Distribution of plots

by share of affected area is shown in Figure 14.

Figure 14. Distribution of plots by share of affected area

0%

20%

40%

60%

80%

100%

Peasant farms Limited liability companies Total

0,0001 - 1,0000 ha 0,1001 - 0,2000 ha 0,2001 - 0,3000 ha

0,3001 - 0,4000 ha 0,4001 - 0,5000 ha

20

4.5.3. Affected public entities

Rehabilitation of the irrigation system will affect 1 plot with a total area of about 37 ha cultivated

by the TES Criuleni. The construction works will require almost 4 ha of land which represents

about 10% of the total plots area.

4.6. Mitigation of resettlement impacts

4.6.1. Basic principles

A compensation package was prepared to address the resettlement impacts resulting from

irrigation system rehabilitation and to ensure that affected persons’ pre-project income level and

living standards would be restored. In developing this compensation package, the following

principles were followed:

1. The project affected persons were informed and consulted about the compensation types

and methodologies used in calculating the compensation rates;

2. The compensation rates were calculated based on provisions of the WB OP 4.12, local

legislation and established guidelines with the use of data obtained from governmental

sources and existing relevant information materials;

3. The compensation rates cover full replacement costs of affected assets and are sufficient

to restore or increase affected persons’ income level and standard of living after

temporary land acquisition.

These principles may apply to state-owned companies as well. However, the precise conditions

of temporary withdrawal of given land plot for construction purpose would be established as a

result of government to government negotiations.

4.6.2. Types of mitigation measures

Two types of mitigation measures were developed in response to the identified resettlement

impacts, as follows:

1. Cash compensation for lost annual crops and temporary withdrawal/loss of access to land

on unused plots;

2. Cash compensation for lost perennial plantations, including recovery costs.

4.6.3. Implementation of mitigation measures

Cash compensation will be paid directly to eligible PAPs by bank transfer. MCA will select the

bank and will provide instructions related to payment details for each affected person at the

75%

80%

85%

90%

95%

100%

Peasant farms Limited liability companies Total

0-20% 21-40% 41-60% 61-80% 81-100%

21

beginning of RAP implementation. The affected persons will contact the bank office in order to

get their compensation which will be paid only after the nominated beneficiaries present their ID.

Recipients will be required to sign compensation receipt upon receiving payment.

To increase the transparency of compensation payments, the RAP implementer will provide the

project affected persons with advance notice of the time, place and method of payment through

information meetings and through public announcements placed at mayor offices, WUA offices

and other appropriate public places. This action will also increase transparency of compensation

payments that would prevent gender inequality.

In case of TES Criuleni, the agreement reached by the governments will provide instructions

regarding payment of compensations, if any.

4.7. Magnitude of expected losses

The rehabilitation works within CIS Criuleni will require an easement of slightly more than 43

ha of agricultural land, thus causing loss of annual crops and perennial plantations cultivated by

the affected persons. In terms of expected loss, the most affected are commercial companies. In

terms of impact type, loss of perennial plantations constitutes the greatest damage among the

existing resettlement impacts. The magnitude of expected loss is presented in the Table 11

below.

Table 11. Magnitude of expected loss

Nr. Affected

persons

Nr.

affected

persons

Loss of annual

crops and access

to land, MD lei

Loss of perennial

plantations, MD

Lei

Total, MD Lei

1 Individuals 190 37435,30 102228,00 139663,30

2 Companies 15 28888,20 502872,00 531760,20

3 Public entities 1 6750,11 0,00 6750,11

Total 205 73073,61 605100,00 678173,61

5. LEGAL FRAMEWORK

5.1. Resettlement overview

Moldovan legislation doesn’t make explicit references to resettlement issues. However, there are

legal provisions relevant for RAP development and these address expropriation of land or

property for the public interest. Moldova has a legal framework that establishes the expropriation

as a legal operation by which the property and the property rights of private property are forcedly

transferred into the public property, in order to carry out the public utility works for national or

local interest, with fair compensation. The expropriation procedures are governed by the Law on

Expropriation for Public Benefit, No. 488-XIV adopted on July 8, 1999 and detailed by the

Government Decision No. 660 of 15 June 2006.

The main Moldovan laws and regulations pertaining to land acquisition and resettlement are:

1. Constitution of the Republic of Moldova (adopted on July 29, 1994);

2. Civil Code No. 1107-XV of June 6, 2002;

3. Land Code No. 828-XII of December 25, 1991;

4. Water Code No. 1532-XII of June 22, 1993;

5. Family Code No. 1316 of October 26, 2000;

6. Law On expropriation for public benefit No. 488-XIV of July 8, 1999;

22

7. Law On normative price and order of purchase and sale of land No. 1308-XIII of July

25, 1997;

8. Law On public administration No. 436-XVI of December 28, 2006;

A full list of national laws and regulations which have relevance to land acquisition and

resettlement are provided in the Annex 6.

5.2. Legal framework for expropriation

The legal framework for the expropriation of the private property is provided by the law On

expropriation for public benefit, No. 488-XIV adopted on July 8, 1999. Particularly, the law

stipulates that activities towards soil erosion reduction, construction and rehabilitation of

irrigation and drainage systems are the works for public benefit which may require expropriation

procedure. The objects of expropriation for local interest can be:

• Real estate objects: land plots, basements, water tanks, forests, buildings,

constructions and other objects related to land, whose commutation is impossible or

has irreparable consequences, so, that they cannot be used for designed purpose.

• The right to use the real estate objects for a period of up to 5 years, unless the parties

agree on another term.

Overview of the expropriation procedure

Expropriation can be carried out only after an act declaring the public utility. This act, among

other things, will determine the state representative of the expropriation procedure. In

accordance with the current Moldovan laws, the expropriation process is based essentially on the

interaction between the state representative of the expropriation procedure and an expropriation

Committee created in order to protect the interests of the affected owners. If the state

representative and the affected owner cannot reach an agreement, the procedure will be

submitted to the competent courts.

Public utility

The public utility may be established for objectives of national, local or common interest and can

be declared:

• for works of national interest - by the Parliament;

• for works of local interest of one administrative unit - by Local Council;

• for works of common interest of several rayons and/or municipalities - by their councils,

and in case of disagreements - by the Government;

• for works of common interest of several towns and/or villages within a rayon - by the

councils of these cities and/or villages, and in case of disagreement - by the District

Council.

The public utility declaration can be made only after a preliminary study and only if all the

necessary conditions for expropriation are provided by law.

The study preceding declaring of public benefit of national interest will be carried out by

committees established by Government. The members of these committees are: representative of

the central public administration unit which is legally responsible for supervision of activities

declared as public benefit works, representatives of the Ministry of Environment, Ministry of

Finance, Ministry of Economy as well as Chairman of the Rayonal Council and mayor of the

locality under whose jurisdiction the public benefit works will take place.

In case of public benefit of local or regional interest, preliminary study will be carried out by the

committees established by the administrative-territorial units’ Councils. These committees will

consist of representatives of local public authority which is legally responsible for governance of

activities declared as public benefit works as well as representatives of Local Public

23

Administration who are responsible for finance and local budget management and

representatives of Rayonal Councils.

The purpose of preliminary study is to justify the need to declare activities as work of public

benefit of national or local interest. The results of the study shall be recorded in the minutes

which have to be submitted to entities. whose representatives were members of the committee.

Expropriation on a mutually agreed basis

Expropriation on a mutually agreed basis necessitates the following:

• Inventory of all properties to be expropriated, including both land and buildings;

• Declaration of public utility of common interest;

• Informing the population through announcements placed in the Local Council office and

published in the Official Monitor of the Republic of Moldova;

• Expropriation proposal submission within 10 days after publication of the act declaring

the public utility, which will include notification to individuals and legal entities holding

legal rights on the object of expropriation, compensation offer, the transfer of assets and

property rights methodology;

• In case of disagreements regarding the compensation offer or other issues, the

owners/users of expropriation objects will submit a grievance no later than 45 days after

their notification.

Grievance procedures will last 30 days after recording the claims. District Coordination

Committee on resettlement and land acquisition established on the basis of the Rayonal

Council’s Decision will be involved in the grievance procedure.This Committee will consist of:

• 3 specialists in running public utility works; they will elect directly or by secret vote, the

president of which will manage the work of the committee;

• 3 owners of real estate goods chosen by lot or by vote of the majority of the real estate

owners from the municipality, city or village where the expropriation objects are located.

The role of the District Coordination Committee on resettlement and land acquisition is

described under the institutional framework.

If the compensation offer is accepted by the affected person, a mutual agreement will be signed

and notarized with legal costs being covered by the expropriator.

Expropriation: court proceedings

If the parties fail to reach an agreement on expropriation as stipulated by the law, expropriation

for public benefit can be made only on the basis of judicial decision with precursory equitable

compensation.

In case where amount of compensation is contested, the court will establish the expert committee

whose meetings may be attended by representatives of expropriating entity and expropriated

person or entity. When calculating the compensation offer, the expert committee and the court

will take into account the current market price of the real estate goods and the rights to use them

applicable in the respective area. The damages to owner or to holders of the other real rights

should be also considered; then these are proved with evidences.

In cases of land expropriation, the compensation offer shall not be less than the normative price

established by law. Fees and transaction registration costs of expropriation cases should be

covered by the expropriator in accordance with the national legislation in force.

Conclusion of the expropriation procedure

Compensation payment will be made on the basis of agreement between the parties. In the

absence of agreement, the court will decide on the most appropriate method to make payment on

24

the expropriated person’s bank account, the payment period being no more than 30 days after the

court’s decision.

5.3. Expropriation for public benefit scenario applicable to

rehabilitation of CIS

Refer to Annex 7 which sets out the implications of land expropriation for purposes of current

project.

5.4. Comparison between national legislation and WB OP 4.12

The coincidence between the Moldovan legislation and the World Bank Operational Policy on

involuntary resettlement OP4.12. is limited. WB OP 4.12 aims to avoid involuntary resettlement

as far as possible, or to minimize its negative social and economic impacts. Specifically, OP 4.12

stipulates that all projects should avoid or minimize involuntary resettlement, but in cases when

people lose their homes or livelihoods as a result of the project implementation, their standard of

living should be a least restored to pre-project levels; if not improved. OP 4.12 encourages public

participation in resettlement planning and implementation. The key economic objective of OP

4.12 is to assist affected persons in their efforts to improve or at least to recover their incomes

and their life standards after the resettlement implementation. The WB OP 4.12 foresees that

prior to the project proposals assessment; the debtors should prepare appropriate resettlement

planning instruments.

Some of the main principles of the WB OP 4.12 are provided partially met in the national

legislation and these are the following:

• The preliminary compensation payment is compulsory in cases when land and property

rights are acquired forcedly;

• The compensation offer should correspond to the market price or should be compensated

by a building or land plot with the same size and value;

• Other damages, such as temporary or permanent loss of crops or production assets,

should be compensated ;

• Grievances should be examined and solved.

However, the WB OP 4.12 is more explicit as compared to Moldovan legislation regarding such

issues as:

• resettlement planning and procedural requirements;

• public hearings and local participation in the project affected areas;

• types of compensation offered and, if necessary, other assistance to affected persons;

• compensation payment to all categories of affected persons;

• property assessment of eligible persons;

• incomes recovery;

• compensation for informal users of the property or the property rights;

• compensation for informal businesses;

• protection of vulnerable groups (poor and landless persons, women, elderly, minorities

etc.)

More details on divergences between the current Moldovan Legislation and WB OP 4.12

provisions are presented in the Annex 8, and the measures to fill these gaps are presented in

Annex 8.

25

5.5. Real estate valuation process in Moldova

In the Republic of Moldova three methods are used for determining the value of goods4:

1. Expenses method is based upon estimation of the market value of the valuation object

including all expenses necessary for its creation up to current state or recovery its

consumption qualities;

2. Sales comparative analysis method: involves the estimation of the market value of the

economic good based on the comparative analysis of similar goods recently sold and the

sale prices adjustments to consider differences between these goods and valuation object;

3. Incomes method is based upon analyzing the information on incomes and expenses

related to the valuation object; it allows to determine the price of affected asset on the

basis of net operational income which can be generated by this asset in future.

The conditions and the means for applying these methods of valuation are established by the

Government of the Republic of Moldova5. The valuation of real estate has to be carried out by

the companies which are licensed according to the national legislation.6

5.6. Replacement cost

Moldovan legislation has no reference to the term “replacement cost” but it uses the term

“construction cost” in relation to all costs linked to the construction of object. According to par. 19

of the Provisional Regulations on the assessment of real estate, the “construction cost” is being

determined based on the estimate norms and provisions of other normative documents.

The “replacement cost” is defined in the WB OP 4.12 as market value of a good, calculated as the

sum of all costs necessary for the replacement of this good in its current state, plus the cost of

any registration and transfer taxes. While determining the replacement cost, amortization of the

asset and value of salvage materials are not taken into account. The “replacement cost” is

determined as follows:

For agricultural land, it is pre-project or pre-displacement, whichever is higher, market value of

land of equal productive potential or use located in proximity of the affected land, plus the cost of

preparing the land to levels similar to those of the affected land, plus the cost of any

registration and transfer taxes.

• For land in urban areas, it is pre-displacement market value of land of equal size and use,

with similar or improved public infrastructure facilities and services located in proximity

of the affected land, plus the cost of any registration and transfer taxes.

• For houses and other structures, it is a market cost of materials needed to build a

replacement structure with size and quality similar to or better than those of the

affected structure, or to repair a partially affected structure, plus cost of transportation

of building materials to the construction site and cost of any labor and contractors' fees.

The costs of any registration and transfer taxes are also paid and the values of benefits to

be derived from the project are included in assessment of an affected asset.

5.7. Normative price of land

The normative price of land is a measure of estimation of the land value equivalent to its natural and

economic potential expressed in national currency and it determined according to the Law regarding

to the Normative Price and the Land Sale-Purchase Process from 25.07.1997.

4 art.6 of the law On appraisal activity No. 989 of 18.04.2022

5 The provisions for assessment of real estate are described in the Provisional Regulations on the assessment of real estate

(approved by Government Decision No. 958 of August 4, 2003) 6 Issued in conformity with provisions of the law On licensing of certain types of activities No. 451-XV of July 30, 2001

26

The tariffs for calculating the normative price of land are established for a conventional unit8

(degree-hectare), on the basis of the cadastral indices (quantitative and qualitative) listed in the

Annex to the above mentioned law, and are indexed based on the inflation rate by the Parliament, at

the Government proposal.

The normative price for the agricultural land plots, household plots and orchard plots is calculated

based on the plot area, soil fertility expressed in degrees and the tariffs indicated in the Annex to the

law On normative price and order of purchase and sale of land. If there were not effectuated

additional soil studies, the degree of the soil fertility is to be considered as the average degree of the

soil fertility of the administrative unit.

The normative price for the land plots designed for industrial objectives, transport, constructions or

other purposes than agriculture is calculated based on the country average soil fertility degree. The

formula used for land plots valuation is the following:

V = A x B x T, where:

A – Land plot area expressed in hectares;

B – Average soil quality (points) in the locality, or, if the owner requests, soil quality

established for the particular land plot;

T- Tariffs for calculating the normative price of land (for a unit degree-hectare) in MDL per

Position II of the Annex to the law On normative price and order of purchase and sale of land

(1997).

6. INSTITUTIONAL FRAMEWORK

To achieve specific goals and implement certain activities linked to resettlement, the following

institutions will be involved in the RAP implementation at different stages:

6.1. Central governmental institutions

1. Millennium Challenge Account (MCA) is a public entity established by the

Government of the Republic of Moldova through the Government Decision no.161 of

04.03.2010 to ensure efficient implementation of the Compact Agreement and

associated investment and technical assistance projects.

2. Agency “Apele Moldovei” (AM) created by the Government Decision No.1056 from

15.09.2008, is legally responsible for the implementation of state policies regarding

water resources management, water supply and sanitation. Its activities are under the

Ministry of Environment. The agency “Apele Moldovei” is the owner and operator of

the centralized irrigation systems.

After rehabilitation works are completed, based on as-build drawings AM, will develop

the electronic and paper graphical layers for the Pipeline Protection Area of Impact to

be provided to Local Councils and Mayors’ Offices.

3. Ministry of Agriculture and Food Industry (MAFI) established by the Government

Decision No. 793 of 02.12.2009 is responsible for development and implementation of

national agricultural policy, promotion of sustainable agricultural development as well

as for country’s food security.

4. National Bureau of Statistics (NBS) established by the Government Decision No.

1049 of 06.10.2005 subordinates to the Government and is the central public authority

responsible for keeping and proceedings of statistical data at the national and local

levels..

27

5. State Enterprise “Cadastru” (SEC) subordinates to the Agency for Land Relations

and Cadastre. It and its territorial branches have the following responsibilities: (i) to

obtain, systematize and keep the cadastral information; (ii) to perform the methodical

administration and control regarding the preservation of the cadastral documentation;

(iii) to organize the furnishing of the cadastral information, set up data structures and

the way of furnishing; (iv) to hold and administrate the cadastral data; (v) to ensure

the systematized cadastral information to the public administration authorities, legal

entities, as well as to individuals; (vi) to carry out services in the cadastral sphere and

real estate evaluation.

6.2. Local governmental institutions

Moldovan legislation allows the decentralization of the decision making process by applying

such legal concepts as “local autonomy”, “public services decentralization” and “public

consultations on problems of local interest”. There are two levels of local governmental

institutions: district level (rayon administration) and local level (town or village administration).

In this respect, the following local governmental institutions pertain to RAP implementation:

1. Rayon Councils (RC) including Chairmen of Rayon Councils (RP) (Secretaries of

Rayon Councils (SRC) and Rayon Agricultural and Food Departments (RAFD) are

responsible for the local implementation of the agricultural policies developed by the

Ministry of Agriculture and the local public authorities). Rayon Councils are the

authorities responsible for district autonomy as decision making bodies, with the Rayon

President (elected by the members of Rayon Councils) as executive body. Also, Rayon

Councils may establish public utility status for certain construction works that are of

public interest within their administrative area.

2. Local Councils (LC) including Secretaries of Local Councils SLC and Mayors.

Local Councils are the authorities responsible for local autonomy as deliberative bodies

while Mayor as executive body. Also, Local Councils may establish public utility status

of certain construction works within their administrative area based on existence of

elements justifying the public interest at local level.

Local Councils and Mayors’ Offices will establish special urbanism zones in the CIS area

through their urbanism and land use planning documentation according to the Law no.

163 on construction works authorization as of 09.07.2010 and Law no. 835 on urbanism

and land use planning principles as of 17.05.1996. Constructions in CIS area will be

allowed only if they do not affect or are placed in the Pipeline Protection Area of Impact

of the pipelines in the rehabilitated CIS. The Pipeline Protection Area of Impact will be

provided by Agency “Apele Moldovei” (AM) on electronic and paper graphical layers.

6.3. Newly establishing committees

For the purpose of RAP implementation and according to the Moldovan legislation, the RAPI

will support the establishment of resettlement committees at district and local levels, as follows:

1. The District Coordination Committee (DCC) on resettlement and land acquisition will be created in Criuleni district. DCC will coordinate resettlement activities at district

level including surveys (census and socio-economic survey), PAP consultations and

grievance redress. The creation of the DCC will be initiated by the RAPI and approved

by the District Council Decision in accordance with the Expropriation for Public Utility

Law No. 488-XIV from 08.07.1999.

28

2. The Local Resettlement Committees (LRC): Two committees in charge of redressing

resettlement grievances will be created by the Local Council Decisions – one in village

Slobozia Dusca and another in town of Criuleni.

6.4. Private entities

For the purpose of RAP implementation and according to the Moldovan legislation, the

following private entities will be involved in RAP implementation, as follows:

1. RAPI is the private company hired by MCA to implement RAP;

2. Public notaries will be responsible for authentication of the real estate acquisition

contracts, authentication of Power of Attorney, issuance of the ownership title, rent

certificate, heir certificate or other documents necessary for the resettlement activities.

3. Lawyers licensed per provisions of the law On licensing of certain types of activities to

represent the interests of different dispute parties in the court.

4. Evaluation Companies licensed per provisions of the law On licensing of certain types

of activities to evaluate the assets;

5. Non-governmental organizations (Water Users Associations, Farmers Associations

and other) will facilitate PAPs’ participation at the consultation meetings and represent

the interest of its members.

6.5. Roles and responsibilities

Identified institutions and organizations will have specific roles and responsibilities in

implementation of RAP activities according to their mandate. The actions to be conducted by

each of these institutions and the implementation timeframe are presented in the Table 12 below.

29

Table 12. Roles and responsibilities in RAP implementation

Nr.

Actions Description Responsible institution

Timeframe

1 Monitor and supervise RAP

implementation; make

compensation payments.

Supervise the implementation of RAP activities Monitor the efficiency of RAP implementation Make the compensation payments through bank transfer

MCA During RAP

implementation

2 Receive temporarily

expropriated land plots Receive from RC temporarily expropriated land plots as the owner of CIS and

beneficiary of rehabilitation works AM

When land plots are

temporarily expropriated

3 Provide statistical data Provide statistical data on country average yields of different crops that are used in

calculations of expected loss MAFI

When new affected crops

are identified

4 Provide statistical data Provide statistical data on market prices of various crops to be used for calculation

of compensation rates NBS

When new affected crops

are identified

5 Provide cadastral data Provide digital cadastral plans and ownership database SEC When additional affected

land plots are identified

6 Establish and participate in

the resettlement committees

at local level

Establish the resettlement committees through decisions;

Receive and keep evidence of PAP complaints;

Chair the meetings and delegate members (cadastral engineer) to participate in the

meetings

LC, SLC,

Mayor Beginning second month

of RAP implementation

7

Carry out preliminary

research for determining the

public utility status of

construction works

Determine the elements justifying public utility status of rehabilitation works; Prepare minutes of the meeting documenting the elements justifying public utility

status of rehabilitation works LC

Beginning second month


8 Establish and participate in

resettlement committees at

district level

Establish the resettlement committees through decisions;

Receive and keep evidence of PAP complaints;

Chair meetings and delegate members (resettlement specialists from RAFD) to

participate in the meetings .

RC, RP, SRC,

RAFD Beginning second month


9 Establish public utility status

for construction works

Prepare and approve the act establishing public utility status of construction works Inform public about this decision Publish the decision in Official Monitor

RC Beginning second month


10 Redress grievance at district

level

Facilitate communication between all parties involved in the resettlement activities;

Receive complaints and intimations from the SRC;

Carry out grievance redress in cases when PAP complaints cannot be solved at local

level;

Carry out preliminary research of the expropriation objects and to justify the public

DCC Beginning second month


30

utility works for local interest;

Decide upon the possibility of declaring activities as public utility works;

Determine the environmental, socio-economic or other pre-requisites for public

utility works and including them into territorial planning and urban plans approved

by laws;

Examine the expropriation proposals and PAP complaints;

Take fair decisions regarding the compensation offer to the PAP.

11 Grievance redress at local

level

Support affected persons in the field of resettlement, compensation types and rates,

eligibility criteria, etc;

Receive complaints from the SLC;

Examine complaints submitted by affected persons;

Take decisions on complaints received;

Transmit the minutes to SLC.

LRC Beginning second month


12 Implement RAP Continuous RAP implementation and monitoring (for more details see chapter 10) RAPI Throughout RAP

implementation

13 Authorize the Power of

Attorney

Authorize the Power of Attorney given by absentee PAPs to designated persons to

sign the agreement and grant permission to carry out construction works on PAPs

land plots Public notaries

When PAPs are absent.

14 Represent Project interests

in the court Represent the project's interest in the court when the PAPs complaints are not

resolved by resettlement committees. Lawyers

When PAPs complaints

are not redressed by

resettlement committees

and reach the competent

court

15 Valuation of affected assets Value affected assets according to Moldovan legislation Evaluation

company When newly affected

assets are identified

16 Participate in the

resettlement committees Participate in the resettlement committees and represent the interests of

members/PAPs NGOs

(WUAs, etc) Throughout RAP

implementation

31

6.6. Approach for involving GoM authorities in RAP implementation

With the support of MCA, RAPI will take the lead in involving relevant governmental

authorities in RAP implementation. To this end, RAPI will ensure a proper visibility and

increase awareness of decision-makers within relevant governmental institutions regarding RAP

implementation activities.

In the first month of RAP implementation, RAPI will organize a launching conference for

decision-makers within relevant governmental institutions to present the specific RAP

objectives, major activities envisaged, roles and responsibilities of each governmental institution

and the expected results of RAP implementation. The launching of RAP implementation will

also be reflected in national and local mass-media.

RAPI will also ensure that the representatives of involved government institutions are fully

informed about the progress and accomplishments in implementing RAP activities by regular

submitting of RAP implementation progress reports.

7. COMPENSATION FRAMEWORK

7.1. Eligibility and rights

The criteria by which the affected persons will be considered eligible for compensations were

established and disclosed to public through consultations with PAPs and other stakeholders. The

entitlement matrix provides detailed information on eligibility criteria that have to be fulfilled by

different categories of PAPs in order to receive various types of compensation types appropriate

to the mature of the loss. The entitlement matrix is presented in Annex 10.

7.2. Cut-off date

The cut-off date for RAP Criuleni was established as February 29, 2012.

7.3. Valuation of affected assets

7.3.1. Valuation methodology

The valuation process was conducted in three stages: (i) preliminary identification of affected

assets, (ii) inventory of affected assets and (iii) valuation of affected assets. A preliminary

identification of the affected assets was made during the PAP census and socioeconomic survey.

Following the census, the valuation experts carried out a number of field visits to conduct an

inventory of preliminary identified affected assets. Additional field visits were undertaken to

make an inventory of those affected assets that census could not identify; the owned/used by

PAPs that could not be found and interviewed. The inventory of the affected assets focused on

the followings: the full name of the asset; the purpose of the asset; the cadastral code; the number

of manufacturing and some technical features of the asset operating.

The inventory of the land plots was based on the documents certifying right of use and location

schemes. The inventory of land plots took into account the nature of the agricultural work in

progress: autumn plowing, autumn sowing, multiannual sowing, greenhouses preparation etc.

The inventory of the nurseries took into account the planting material (seeds, seedlings), the age

of plants, the purpose of plants etc. The inventory of the perennial plantations took into account

the plantation age, the physical condition of the plantation, the number of cuttings or trees

located in the project area of impact.

The results of inventory provide the basis for determining the value of affected assets and

compensation levels. During the valuation process, a combination of expenses method and

income method was used to determine the value of affected assets.

32

7.3.2. Results of the inventory of affected assets

The results of the inventory of affected assets revealed that the rehabilitation of CIS Criuleni will

affect agricultural land plots cultivated with annual crops and perennial plantations. There are

also about 10 plots with an affected area of 0,4860 ha that are in fallow (unused plots).

Maize is the most affected annual crop and this accounts for 54% of the total affected area,

followed by sunflower (16%), potatoes (2%), onion (2%) and other annual crops. Estimated

affected area disaggregated by affected annual crop varieties is shown in Table 13.

Table 13. Estimated affected area disaggregated by affected annual crop varieties

Nr. Crop name Estimated affected

area, ha

1 Potatoes 1,3482

2 Onion 1,031

3 Cabbage 0,177

4 Sun flower 6,8083

5 Wheat 0,4307

6 Water melon 0,2838

7 Corn 22,6645

8 Sweet corn 1,1541

9 Tomatoes 0,2535

10 Pepper 0,4944

11 Carrot 0,1397

12 Other annual crops 6,7514

13 Unused plots 0,486

Total 42.0226

Mostly affected perennial plantations are apple orchards which account for some 41% of the

total number of affected trees, followed by Thuja plantations (30%), and other perennial crop

varieties as presented in Table14 below.

Table 14. Number of affected trees disaggregated by affected fruit tree varieties

Nr. Perennial crop Number of affected

trees/bushes

1 Apple 552

3 Berries 8

4 Walnut 36

5 Peach 8

6 Plum 36

7 Thuja 480

8 Table grapes 5

9 Alfalfa N/A

Total 1125

33

7.4. Compensation for affected assets

7.4.1. Compensations for loss of annual crops and loss of access to land

The determination of compensation for loss of annual crops and loss of access to land was made

according to Moldovan law.7 The loss of agricultural incomes caused by temporary economic

resettlement of the cultivated or uncultivated land plots was calculated at the rate of 2% per year

of the normative price of the rented land plot. The formula applied to the normative price is

presented below:

V = A x B x T, where

A – Land plot area (ha);

B – Soil fertility average locality, or, if the owner requests, soil fertility established for the

particular land plot;

T- Tariffs for calculating the normative price of land (g/ha) in MDL in accordance with the Position

II from Annex to the law nr.1308 On normative price and order of purchase and sale of land

Table 15 below shows the calculations made to determine the compensations for lost annual

crops and loss of access to land plots.

Table 15. Breakdown of the compensation for lost annual crops and loss of access to land.

Nr. Crop name

Estimated

affected area,

ha

Average

soil

fertility,

points

Tariff,

g/ha

Rental

per

year, %

Compensation,

Lei

1 Potatoes 1,3482 70 1242,08 0,02 2344,40

2 Onion 1,031 70 1242,08 0,02 1792,82

3 Cabbage 0,177 70 1242,08 0,02 307,79

4 Sun flower 6,8083 70 1242,08 0,02 11839,03

5 Wheat 0,4307 70 1242,08 0,02 748,95

6 Water melon 0,2838 70 1242,08 0,02 493,50

7 Corn 22,6645 70 1242,08 0,02 39411,57

8 Sweet corn 1,1541 70 1242,08 0,02 2006,88

9 Tomatoes 0,2535 70 1242,08 0,02 440,81

10 Pepper 0,4944 70 1242,08 0,02 859,72

11 Carrot 0,1397 70 1242,08 0,02 242,93

12 Other annual

crops 6,7514 70 1242,08 0,02 11740,09

13 Unused plots 0,486 70 1242,08 0,02 845,11

Total 42,0226 73073,61

Breakdown of total compensation for loss of annual crops and access to land by affected persons

is presented in the Annex 13.

7.4.2. Compensations for loss of perennial crops

Compensation for the loss of perennial plantations was calculated at the total replacement cost.

Compensation includes the value of the lost harvest, plantation recovery costs, and loss of

income during the recovery period per provisions of the national legislation and WB Operational

Policy 4.12. Therefore, the calculation of the compensation for the affected orchards has

7 art. 17(2) of the law On tenancy in agriculture no. 198 of 15.05.2003

34

considered the direct and indirect costs related to soil preparation, plantation establishment until

the plantations recovers its former state and the loss of harvests until the plantation starts to fruit.

The volume of the capital investments for establishing orchards and vineyards until the fruitful

period (plantation recovery costs), as well as the information on market prices and average

harvest per 1 ha were established on the basis of surveys carried out by the valuation expert and

studies made by ACSA8. Detailed calculations of the plantation recovery costs are presented in

Annex11.

Calculations for loss of perennial crops were based on the replacement cost. These were made

according to the following formula:

Tc= Pm x Pr x Ac x Nc x 80% + Rc x Nc, where

Tc – Total compensation (Lei)

Pm – Average yield (kg/tree)

Pr – Average wholesale price (lei/kg)

Ac – Years needed to recover the lost harvest (years)

Rc – Recovery costs (lei/tree)

Nc – Number of affected trees

The total amount of compensations for loss of perennial plantations is around 605 thousands Lei.

The breakdown of calculations made to determine compensation for lost perennial plantations is

presented in Annex 12.

Breakdown of total compensation for loss of perennial plantations by affected persons is

presented in the Annex 13.

8. PUBLIC CONSULTATIONS AND PARTICIPATION

8.1. Objectives of community involvement

The rehabilitation of the CIS will raise agricultural productivity and incomes; thereby benefiting

both individuals and the whole community, in general. However, some areas of land will be

affected during the construction phase and will be temporarily unusable for agricultural

production. Farmers could potentially lose earnings related to crop production from areas along

the easements required for pipe-laying and other rehabilitation interventions to the irrigation

system network. One of the main RAP objectives is to minimize these negative impacts.

World Bank OP 4.12 stipulates that any displaced persons and their communities should be

provided with timely and relevant information and be consulted on resettlement options. The

communities and project affected persons should be also offered opportunities to participate in

planning, implementing and monitoring of resettlement.

The primary objectives to involve communities and to consult with the PAPs are to:

• Develop constructive public opinion that will lead to the execution of a fair and

participatory project;

• Promote an environment for the participation and decision making of the communities in

solving their own problems;

• Encourage a participatory process of all entities involved in the project’s development;

• Develop a community participation and consultation plan for the future implementation

of a final Resettlement Action Plan for the THVA project.

8 Business in fruit production. Practical guidelines. ACSA, 2010. Business in grape production, ACSA, 2009.

35

• Encourage PAPs to be open-minded and to share information about the land tenure

and to make known their concerns and grievances.

8.2. Project stakeholders

The information campaign and public consultations focused on various groups of stakeholders.

Stakeholders were those who have an interest in the project development, and who will be

involved in the further consultative process. The main groups of stakeholders are:

Project Affected Persons (PAP)

There are 217 affected persons, from which 199 were contacted directly by the project team and

ACSA local consultants, as well as during the WUA meetings.

Water Users Association (WUA)

WUA meetings are the main source of information; the sector representatives and the WUA

President being the most credible sources of information. That is why the communication with

PAP was accomplished through WUA representatives.

Local Public Authorities (LPA)

Mayoralties are directly linked to the project, as they have a major influence on RAP

implementation. Therefore, public consultation meetings were attended by the mayor, Local

Council secretary, cadastral engineer and other representatives of LPA. The cadastral engineer

was also involved in the PAP identification process. The participants at the consultation

meetings discussed measures to be undertaken by local authorities for preventing unjustified

grievance regarding compensation offered during the RAP implementation. These minutes are

presented in the Annex 20.

Key Community personnel

For a better knowledge of the current situation in CIS Criuleni and a better RAP development,

public consultation process involved representatives of different social categories such as: social

workers, medical assistants, teachers, pensioners etc. Even if they have limited influence over the

project outcome, they are project opinion-makers, who will directly or indirectly benefit of the

project activities.

8.3. Public consultation strategy

A consultation strategy was developed and implemented during the RAP preparation process.

The consultation strategy was designed to: (i) inform PAPs on the potential adverse impacts of

CIS rehabilitation activities; (ii) inform PAPs on the resettlement action planning to mitigate the

adverse impacts; (iii) provide opportunities for people to voice their concerns and participate in

the resettlement planning process.

The strategy was designed to consult individuals and WUA members in an open and honest way,

using the following principles as a guide:

• Communications should be relevant to the circumstances of PAPs and should address

their specific concerns;

• The project team should use a variety of different methods to relay information including

direct communication, public events, press releases and announcements;

• The project team should make sure that information is available in a variety of formats –

to ensure that it reaches or is accessible to all sections of the project area.

36

8.4. Public consultation process

Effective resettlement planning requires regular consultations with a large number of

stakeholders, including project affected persons and those who play a significant role in RAP

development and implementation.

8.4.1. Public consultations

The consultation process focused on information dissemination, determining the number of

resettlement cases, improving the consultation strategy and finally fulfilling public expectations

concerning the impact and benefits of the project. Further, the consultation meetings served as a

platform for obtaining agreement of WUAs on cut-off date for the beginning of the census and

socio-economic survey.

These objectives were achieved through the information dissemination campaign which was

conducted through:

• Announcements on the City Hall billboards and other popular public places;

• Direct meetings with PAPs in CIS command areas facilitated by WUAs, and

• Focus Group Discussions.

Meetings were carried out prior to the commencement of the Census and Socio-economic Survey

with the aim of increasing PAP awareness of RAP preparation. During the field surveys, a

number of community meetings, discussions and interviews were conducted with households

and commercial entities, including WUA members.

Individuals or groups who were not present at the time of registration but who have legitimate

claims will be entitled to receive compensation if they can substantiate that they already had

usufruct rights before the cut-off date.

8.4.2. Summary of expressed views

WUA members, PAPs, LPA representatives, local formal and informal leaders and social

institute representatives were informed about both the RAP objectives and the Census and Socio-

Economic Survey objectives. In addition, information leaflets and announcements regarding to

the cut-off date were distributed to PAPs and posted on the City Hall billboard (see Annex 15).

In order to identify and evaluate people’s perceptions and expectations on RAP development and

implementation, a full day Focus Group Discussions meeting (FGD) was organized by the

project team. Ten persons were present at the FGD meeting and these were selected to represent

different segments of society and included social service workers, farmers, local public

authorities, pensioners (see Annex 16). Gender representation was ensured through 30% of the

participants being women.

All the participants were informed in advance about the FGD objectives and topics to be

discussed. The FGD agenda is presented in Annex 17.

Because the irrigation system is still being partially used, the biggest fear related to the project

implementation expressed by the participants is that the existing irrigation will be withdrawn

during the construction works.

Living standards in the localities form CIS Criuleni are higher than the national average and

agriculture provide some 70% of local income. This is mostly derived from vegetable growing,

greenhouses and nurseries and the cessation of irrigation during construction will significantly

affect local incomes.

37

High water fees coupled with increasing taxes represent a major cost for users of the irrigation

system. The participants mentioned that introducing subsidies for agriculture is a state measure

that will reduce the burdens of farmers.

According to the participants at the FGD meeting, RAP implementation will facilitate the

beginning of the irrigation system rehabilitation works and consequently living standards will be

improved. Incomes will increase due to the introduction of high value agriculture, prices of land

will rise and the migration of local population will be reduced. At present, the most important

concern of the entire community is the rehabilitation of the irrigation system. After that, a local

agricultural market outlet is planned. Local infrastructure will be improved by repairing the

roads, arranging the sport ground and creating a recreation center. Also there are plans to repair

the church.

The women who participated at the FGD meeting are employed in the social services sector,

principally in education and medical institutions. According to them, the rehabilitation of the

irrigation system will create more opportunities for families, especially for those where one

member is working abroad. Thus, the rehabilitation of the irrigation system will contribute to

less migration and a more stable family environment; which will promote better educational

attainment for children and to higher local family incomes.

The participants at the FGD meeting mentioned that the RAP implementation will increase

project credibility among people and will consolidate its positive image.

8.5. Consultation of absentee PAPs

There are 18 absentee PAPs in CIS Criuleni. The identification and compensation procedure for

absentee affected persons, including those who are living abroad is shown in figure provided in

Annex 18.

For the absentee affected persons who are living abroad a Power of Attorney template was

developed and is available in the Annex 19.

8.6. Agreements

The results of PAP census and socioeconomic survey reveal a high project participation rate

among PAPs. It means that most of PAPs will allow construction works to be carried out on their

land plots. However, there are 14 PAPs (13 individuals and 1 company) that do not agree to

participate in the project. The list of these people is provided in Annex 5. It should be also

mentioned that the project participation rate among absent PAPs is unknown.

Despite the high espoused project participation rate, agreements have not yet been signed

because of delays in identification of PAPs resulting from delays in the preparation of the

detailed design schemes for the irrigation system. Therefore, field visits and consultations will be

conducted by RAPI at the beginning of RAP implementation in order to sign agreements. The

RAPI will facilitate singing the agreements by both heads of households when possible (when

both household heads are at home). Affected persons not available during RAP implementation

will be able to designate a person (through authorized Power of Attorney) to sign the

agreements. The notary costs will be covered from RAP budget.

Affected persons will receive an informational leaflet about RAP objectives and impacts, an

inventory of the affected assets classified by loss of crops and/or perennial plantations with the

indication of the compensation value, and an agreement form between the PAP and MCA for

signing by both parties (agreement template is provided in Annex 26). All signed agreements

will be collected and submitted to MCA.

Persons who refuse to participate and sign any agreement will be informed that the land will be

temporarily acquired according to the Law on expropriation for public benefit (No. 488-XIV of

July 8, 1999) and compensation rates will be determined under provisions of this law.

38

In addition, all PAPs will be informed and requested not to plant perennial plantations on top of

buried pipeline in order to allow system operators to access broken pipes for further

maintenance/repair. According to Moldovan legislation, access to private land should be granted

by the land owner unless the public utility status is set for construction/maintenance/repair works

and law on expropriation is applied. In this respect, it is recommended to amend WUA statute

with provisions related to compulsoriness of members to allow access to agricultural plots on as-

needed basis.

9. GRIEVANCE MECHANISM

9.1. Establishment of grievance redress committees

With the support of RAPI, the grievance redress committees will be created during the first two

months of RAP implementation, as follows: (i) District Coordination Committee (DCC) on

resettlement and land acquisition located in town of Criuleni; (ii) and two Local Resettlement

Committees (LRC) located in town of Criuleni and in village Slobozia-Dusca. RAPI will also

provide support to organize and carry out the committees’ meetings.

The Local Resettlement Committees created by the Local Council Decision will consist of 5

members; the mayor who will be the LRC chairperson, the cadastral engineer, a representative of

WUA Administrative Council, representative or formal leader of PAPs, and a representative of

local NGOs/farmers associations/teacher. Two of these members will be women.

The PAP formal leader and the local NGO/farmers association representative will be selected by

PAPs following an information session organized by RAPI in each locality from CIS 14-2

Criuleni within the first month of RAP implementation.

The District Coordination Committee on resettlement and land acquisition will be created by a

District Council Decision in accordance with the law On expropriation for public benefit No.

488-XIV adopted on July 8, 1999. It will consist of 4 men and 3 women and will comprise 3

relevant specialists from Rayon Council, 3 representatives from PAPs and a representative of the

WUA Administration Council. The representatives of PAPs will be selected by the PAPs

themselves following an information session organized by RAPI in each locality from CIS 14-2

Criuleni within the first month of RAP implementation.

9.2. Terms of grievance redress

The duration for grievance redress process by the Local resettlement Committees and the District

Coordination Committee on resettlement and land acquisition is 30 days. The Local Resettlement

Committee must give a written response to the PAPs not later than 14 days after official receipt

of the submission. If the answer is unsatisfactory, the complainant has the right to submit the

complaint to the District Coordination Committee on resettlement and land acquisition, which

will give its answer within 14 days.

9.3. Grievance redress capacity building

Due to lack of experience in applying in Moldova the principles of the WB OP 4.12 regarding

land acquisition and resettlement, members of the District Coordination Committee on

resettlement and land acquisition and Local Resettlement Committees, together with the

secretaries of Local and Rayon Councils (in charge of receiving and keeping evidence of

complaints), will provided with two trainings concerning operation and implementation of the

grievance redress mechanism. The trainings will be organized and delivered by RAPI.

The first training, which will take place during within the first 2 months of the RAP

implementation, will aim to instruct participants on:

• How to keep evidence and examine complaints from project affected persons;

39

• How to identify and compensate absentee affected persons;

• How to prevent unjustified complaints on compensation offered during RAP

implementation;

• Case studies;

• Terms of references and tasks for each created committee.

Each participant will receive a folder with the following informational materials:

• Instructions on how to keep evidence and examine the complaints from project affected

persons, submitted in written version during the RAP implementation (see Annex 27);

• Procedure to identify and compensate absentee affected persons;

• Measures to prevent unjustified complaints regarding compensation;

• An interactive presentation showing the grievance redress process step by step (see Annex

28).

9.4. Terms of grievance redress

The duration for grievance redress process by the Local resettlement Committees and the District

Coordination Committee on resettlement and land acquisition is 30 days. The Local Resettlement

Committee must give a written response to the PAPs not later than 14 days after official receipt

of the submission. If the answer is unsatisfactory, the complainant has the right to submit the

complaint to the District Coordination Committee on resettlement and land acquisition, which

will give its answer within 14 days.

10. IMPLEMENTATION SCHEDULE

10.1. Implementation schedule

RAP implementation

The RAP implementation schedule is closely linked with the rehabilitation works. The

resettlement will be minimized and the actual area of impact determined by RAPI and

Construction Supervisor for each sector under construction on the basis of the construction

design. If additional PAPs are identified, an addendum to the list of PAPs will be prepared and

submitted to MCA for approval. Signed agreements with PAPs are needed for obtaining

construction permits while compensation payments for the actual area of impact need to be made

in full to all PAPs preferably before the rehabilitation works can begin. RAP implementation will

start earlier than the excavation works by preparing and delivering resettlement mitigation

measures, implementing the grievance redress mechanism and procedures, and carry out

monitoring activities.

From contractor mobilization until putting irrigation system in operation, the rehabilitation

works will last 2 years. However, the main rehabilitation works that will give rise to

resettlement, namely the installation of new primary, secondary and tertiary distribution

networks, will be carried out in phases (by sector) and completed within 1 year thus affecting

only one agricultural season. Therefore, RAP implementation will cover one and a half years

until the rehabilitation works affecting land plots are completed. The RAP implementation

schedule is presented in Table 19 below.

40

Prioritization of RAP implementation based on complexity areas and areas under

construction works

The results of census and inventory of affected assets revealed the complexity areas that may

affect RAP implementation. There are three types of complexity areas: (i) high difficulty areas,

(ii) middle difficulty areas, and (iii) low difficulty areas.

High difficulty areas (highlighted in red) represent the land plots cultivated by PAPs who

disagreed to participate in the project by granting the right to access land plots for construction

works to be carried out. Middle difficulty areas (highlighted in yellow) represent the land plots

cultivated by PAPs that could not be found/ identified during the census. Low difficulty areas

(highlighted in green) represent the land plots cultivated by PAPs that agreed to participate in the

project. The map showing the complexity areas is presented in Annex 23.

Implementation of RAP activities will be prioritized according to the above-defined complexity

areas. RAPI will initially start working with high difficulty areas by conducting negotiations

with PAPs that expressed disagreement to participate in the project. If unsuccessfully, RAPI will

inform DCC about these cases that will consequently initiate temporary land expropriation for

public benefit.

Secondly, RAPI will focus on finding and interviewing the land users that could not be identified

or found during the census. The project participation status of these persons is unknown and

therefore their identification at early stage of RAP implementation is imperative.

The rest of PAPs who expressed agreement to participate in the project will be approached at a

later stage in order to negotiate the compensations and get the agreements signed.

The RAP implementation activities such as determining the actual area of impact, calculating the

compensations and delivering the payments, will be also prioritized on the basis of the land

sectors being under construction.

Gender action plan

The RAP will be implemented in a gender sensitive manner. The following actions will be

undertaken during RAP implementation to ensure gender equality and equity:

1. Gender disaggregation data is kept throughout the cycle of RAP implementation

2. DCC and LRC will consist of representatives of both genders, women being represented

in a proportion of 30%

3. DCC and LRC members will be provided gender training and technical assistance

4. Whenever is the case, no gender discrimination will be made during valuation process

5. The compensation payments for temporary acquisition of land plots will be made with

advance notification of the period, place and method of payment through information

meetings, public announcements and mails sent to affected household members;

6. The agreements will be signed by both heads of household when possible

41

Table 19. RAP implementation schedule

RAP implementation activities/months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 24

Holding launching conference

Support to initiate and carry out preliminary research for

determining elements justifying public utility status

Support to establish public utility status for construction

works

Verify and update the list of PAPs and actual area of

impact, minimize resettlement based on construction

design

Interview additional PAPs, and valuate additional

affected assets as necessary (in case of changes in the

design of irrigation system)

Identify and interview absentee PAPs, valuate their

affected assets and calculate compensations

Inform PAPs by carrying information meetings and

sending out notification of entitlements by post

Negotiate and collect signed agreements, including those

from absentee PAPs

Establish resettlement committees at local and district

level

Prepare and deliver trainings to resettlement committees’

members

Implement resettlement mitigation measures

(compensation payments)

Implement grievance redress mechanism and procedures

Carry out internal monitoring activities

Reporting (quarterly basis)

CIS rehabilitation activities/months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 24

Submission of construction authorization application to

relevant authorities

Start Contractor excavation work

Completion of construction works for primary, secondary

and tertiary distribution network

Putting irrigation system in operation

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11. MONITORING RAP IMPLEMENTATION

RAP implementation will be subject to internal monitoring in order to report on the effectiveness

of RAP implementation, including the physical progress of resettlement and rehabilitation

activities, the implementation of mitigation measures, the effectiveness of public consultations

and the sustainability of income restoration and development efforts among affected persons. It

will provide feedback on RAP implementation and will facilitate the identification of problems

as early as possible in order to allow timely adjustments of implementation arrangements.

Internal monitoring will be performed by RAPI. MCA will also monitor and oversee RAP

implementation.

11.1. Goal and specific objectives

RAPI will establish an internal monitoring system (performance monitoring system) to be

implemented during the whole process of RAP implementation, including rehabilitation

activities. The main goal of performance monitoring is to ensure achievements of RAP

objectives and its successful implementation.

The specific objectives of internal monitoring are to ensure that:

1. Actions and commitments provided in the RAP are implemented fully and timely;

2. Eligible PAPs receive full compensation entitlements on time;

3. Complaints and grievances of PAPs are followed up and appropriate correction measures

are taken where necessary;

4. Remedial measures to restore PAPs incomes are effectively implemented.

11.2. Monitoring indicators

In order to measure and report on the performance of RAP implementation, a set of monitoring

indicators has been developed. Table 20 below provides information on indicators by specifying

the indicator name, definition, baseline and targets, and gender disaggregation.

The baseline has been established through the census and socio-economic survey which describe

the conditions of project affected persons before intervention/rehabilitation. The targets are set

on the basis of RAP objectives and implementation activities, results of PAPs census and

socioeconomic survey and the experience of staff involved in RAP preparation.

Table 20. Monitoring indicators

Indicator name Indicator definition Baseline Target Gender

disaggregation

Implementation

schedule followed

RAP implementation activities are

implemented within established

timeline No

Monitoring reports

submitted Number of quarterly and final

reports submitted by RAPI to MCA 0 7 No

Problems occurred,

solved and/or

corrective actions

adopted

Number and nature of problems

occurred during RAP

implementation 0

To be

determined No

Number and nature of problems

solved during RAP implementation 0

To be

determined No

Absent PAPs identified

and consulted

Number of absentee PAPs

identified and consulted

(effectively interviewed versus

18 100% Yes

43

planned)

Additional PAPs

identified and

interviewed

Number of additional PAPs

identified and interviewed due to

changes in the design of irrigation

system

0 To be

determined Yes

PAPs informed and

consulted

Number of information and

consultation sessions carried out 0 4 No

Number of participants at

information/consultation sessions 0 217 Yes

Final agreements with

PAPs signed

Number of final agreements with

PAPs signed 0 217 Yes

Completion date of collecting final

agreements with PAPs Month 7 No

PAPs compensated on

time

Number of persons effectively

compensated (planned versus

effectively compensated) 0 100% Yes

Completion date of delivering

entitlements to PAPs Month 10 No

Rate of disbursed payments

(planned versus effectively

disbursed) 0 100% No

Number of Databases for tracking

compensation payments developed

and functional 0 1 No

Resettlement

committees established

Number of resettlement committees

established 0 3 No

Number of resettlement

committees' members 0

18/7

women Yes

Number of persons trained 0 20/7

women Yes

Grievance redress

established and

functional

Number and object of complaints

submitted (justified versus non-

justified) 0

To be

determined Yes

Number of complaints solved at

local and rayon committee levels 0

To be

determined Yes

Number of cases sent to the court

(initiator and issue of dispute) 0

To be

determined Yes

Completion date of grievance

redresses Month 7 No

Pre-project PAPs

income levels and

living standards

restored

Net income per affected family

member in the rehabilitation year 1464 1464 Yes

Number of PAPs satisfied with

inputs 0 90% Yes

Number and types of compensation

use 0 2 Yes

11.3. Monitoring framework

The monitoring framework aims at structuring the internal monitoring system of RAP

implementation. It includes detailed information about the data collected (performance

indicators), data collection sources, data collection instruments and methods, as well as the

timing and frequency of data collection and reporting. Data collection and reporting will be the

responsibility of RAPI through its monitoring expert.

44

Performance indicators

The progress made in RAP implementation will be measured and reported against performance

indicators which are presented in the Table 21. The indicators will mainly measure the results

directly produced by RAP activities, thus being connected with the RAP implementation

schedule and plan.

Data sources

Monitoring data will be collected from different sources such as quarterly reports of the RAP

implementer, PAP database, consultation logs, grievance logs from rayon and locally based

resettlement committees, court verdicts in grievance cases, bank(s) through which compensation

payments are made, MCA disbursement plan and reports, and others. Also, the project affected

persons will be an important source of data in the process of monitoring RAP implementation.

Data collection instruments

Under the monitoring system, quantitative and qualitative data will be collected by using the

following instruments: (i) documentation review; (ii) direct observations; (iii) individual

interviews; and (iv) focus group discussions.

Data collection/reporting period and frequency

During RAP implementation, data will be collected on a monthly and a quarterly basis. It will be

analyzed and presented in quarterly and final reports. The internal monitoring framework is

presented in Table 21 below.

Table 21. Internal monitoring framework

Objectives Indicators Data sources Collection

instruments

Collection/reporting

periods and frequency

Actions and

commitments

provided in the

RAP are

implemented fully

and timely

Implementation

schedule followed Quarterly reports of

RAPI Documentation

review Quarterly during

RAP implementation Monitoring reports

submitted Quarterly reports of

RAPI Documentation


RAP implementation

Problems occurred,

solved and/or

corrective actions

adopted

Quarterly reports of

RAPI Documentation


RAP implementation

Consultation log Documentation


RAP implementation

Absent PAPs

identified and

consulted

PAP database


RAPI

Documentation

review

Individual

interviews

Once within first

three months of RAP

implementation

Additional PAPs

identified and

interviewed

PAP database


RAPI

Individual

interviews

Once within first

three months of RAP

implementation

PAPs are informed

and consulted


RAPI

Consultations log

Signed list of

participants

Documentation

review

Direct

observation

Once within first

four months of RAP

implementation

Final agreements

with PAPs signed


RAPI

Final agreements

with PAPs

Documentation

review

Quarterly within first

7 months of RAP

implementation

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Eligible PAPs

receive full

compensation

entitlements on

time

PAPs compensated

on time


RAPI

PAPs

Bank

MCA disbursement

plan

Documentation

review

Focus group

discussions

Individual

interviews

Once when

completed

Complaints and

grievances of PAPs

are followed up and

appropriate

correction measures

are taken, where

necessary

Resettlement

committees

established

Decisions of local

and rayon based

resettlement

committees

Signed list of

training participants

Documentation

review

Direct

observation

Quarterly until

completed

Grievance redress

established and

functional

Grievance logs of

local and rayon

based resettlement

committees

Court verdicts

PAPs

Documentation

review

Individual

interviews

Quarterly until

completed

PAPs related

actions and

measures are

effective for

restoring of their

income level

Pre-project PAPs

income levels and

living standards

restored

PAPs

Individual

interviews

Focus group

discussions

After 1 year of RAP

implementation

11.4. Management and implementation plan

Operational implementation plan

One of the key instruments of the internal monitoring system is the performance monitoring

activity implementation plan. The tentative implementation activities and schedule are presented

in the internal monitoring framework table. However, RAPI will develop more detailed

implementation schedule.

Information management system

RAPI will set up an Information Management System in order to facilitate monitoring data

storage, analysis and reporting. It will include a database and a documentation system. The

database will mainly store and process monitoring data based on which the performance

indicators will be analyzed. The documentation system will be established to ensure that all

monitoring actions, instruments and reports are stored systematically.

Internal monitoring unit structure and responsibilities

The internal monitoring unit will be composed of a RAP monitoring specialist who will

coordinate and participate in monitoring activities. The RAP monitoring specialist will report

directly to the RAPI coordinator and will be supported by the experts involved in office and field

RAP implementation. The RAP monitoring specialist will have the following responsibilities:

• Set up and coordinate internal monitoring system

• Coordinate, oversee and participate in implementing monitoring plan, including data

collection, storage and analysis against monitoring indicators

• Communicate the results and report on performance indicators

Reviewing and updating monitoring plan

The internal monitoring plan will be revised and updated when necessary in order to

accommodate any changes in RAP implementation activities and/or improve the monitoring

system and performance measures.

Service Contract PP2A1/THVAP/CS/QCBS/07 DDRAP - DETAILED...

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