Service Contract PP2A1/THVAP/CS/QCBS/07 DDRAP - DETAILED...
Transcript of Service Contract PP2A1/THVAP/CS/QCBS/07 DDRAP - DETAILED...
1
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 11-7 LOPATNA
issue pre-
clearance comments approval
Dec 15, 2012
section type issue
8 R 3 Dec 15, 2012
Joint Venture
Agriconsulting Europe, BRL Ingénierie, SWS Consulting Engineering and HYDEA
2
TABLE OF CONTENT
LIST OF TABLES ...................................................................................................................... 3
LIST OF FIGURES .................................................................................................................... 4
ANNEXES ................................................................................................................................. 4
LIST OF ABBREVIATIONS ..................................................................................................... 5
1. PROJECT OVERVIEW .................................................................................................. 6
1.1. CISRA overview ...................................................................................................................... 6
1.2. CIS Lopatna 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 ................................................................................................... 16
4.6. Mitigation of resettlement impacts .................................................................................... 18
4.7. Magnitude of expected loss ................................................................................................ 19
5. LEGAL FRAMEWORK ............................................................................................... 20
5.1. Resettlement overview ....................................................................................................... 20
5.2. Legal framework for expropriation ..................................................................................... 20
5.3. Expropriation for public benefit scenario applicable to rehabilitation of CIS ..................... 22
5.4. Comparison between national legislation and WB OP 4.12 ............................................... 22
5.5. Real estate valuation process in Moldova .......................................................................... 23
5.6. Replacement cost ................................................................................................................ 23
5.7. Normative price of land ...................................................................................................... 24
6. INSTITUTIONAL FRAMEWORK ............................................................................... 24
6.1. Central governmental institutions ...................................................................................... 24
6.2. Local governmental institutions .......................................................................................... 25
6.3. Newly establishing committees .......................................................................................... 26
6.4. Private entities .................................................................................................................... 26
6.5. Roles and responsibilities .................................................................................................... 26
6.6. Approach for involving GoM authorities in RAP implementation ...................................... 29
7. COMPENSATION FRAMEWORK .............................................................................. 29
7.1. Eligibility and rights ............................................................................................................. 29
3
7.2. Cut-off date ......................................................................................................................... 29
7.3. Valuation of affected assets ................................................................................................ 29
7.4. Compensation for affected assets....................................................................................... 31
8. PUBLIC CONSULTATIONS AND PARTICIPATION ................................................ 32
8.1. Objectives of community involvement ............................................................................... 32
8.2. Project stakeholders ............................................................................................................ 33
8.3. Public consultation strategy ................................................................................................ 33
8.4. Public consultation process ................................................................................................. 34
8.5. Consultation of absentee PAPs ........................................................................................... 35
8.6. Agreements ......................................................................................................................... 35
9. GRIEVANCE MECHANISM ....................................................................................... 36
9.1. Establishment of grievance redress committees ................................................................ 36
9.2. Terms of grievance redress ................................................................................................. 36
9.3. Grievance redress capacity building.................................................................................... 37
10. IMPLEMENTATION SCHEDULE .............................................................................. 37
10.1. Implementation schedule ............................................................................................... 37
11. MONITORING RAP IMPLEMENTATION ................................................................. 40
11.1. Goal and specific objectives ............................................................................................ 40
11.2. Monitoring indicators ...................................................................................................... 40
11.3. Monitoring framework .................................................................................................... 41
11.4. Management and implementation plan ......................................................................... 43
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
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. Monitoring indicators
Table 16. Internal monitoring framework
4
LIST OF FIGURES
Figure 1. Location of CIS Lopatna
Figure 2. Land tenure structure (plots)
Figure 3. Fraction of time allocated for different types of activities
Figure 4. Average fraction of time allocated for different activities per affected family
members
Figure 5. Distribution of affected individuals by source of information
Figure 6. Distribution of affected individuals by type of impact
Figure 7. Distribution of affected individuals by number of affected land plots
Figure 8. Distribution of plots by estimated affected area
Figure 9. Distribution of plots by share of estimated affected area
ANNEXES
Annex 1. CIS Lopatna design drawings
Annex 2. Map of resettlement area of impact
Annex 3. Census and socioeconomic survey questionnaires
Annex 4. Distribution of affected individuals by satisfactory compensation value
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
World Bank 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 Lopatna
Annex 17. Focus Group Discussion agenda
Annex 18. Identification and compensation payment to the absentee PAP
Annex 19. Power of Attorney template
Annex 20. Agreement between the PAPs and MCA
Annex 21. Instructions for RAP grievance redress mechanism
Annex 22. Grievance redress mechanism
Annex 23. RAP complexity areas
5
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
HH Household
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
SLC Secretary of Local Council
SRC Secretary of Rayon Council
THVA Transition to High Value Agriculture
ToR Terms of Reference
WB World Bank
6
Harmațca
Țibuleuca
Susleni
Bul_ie_ti
Lopatna
Jora
de Sus
Jora deMijloc
Jora de Jos
Vîșcăuți
M_rze_ti
M_rzaci
Mihailovca
CIS Jora de Jos
CIS Lopatna
Localități / Cities_towns_villages
Hotarele administrative
r. Nistru
Localizare / Location
Legendă / Legend
Schema de localizare a CIS 11-7 Lopatna și 11-6 Jora de JosLocation scheme of CIS 11-7 Lopatna and 11-6 Jora de Jos
Chisinau
Cahul
Bender
Nistru
Nis tru
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 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 Sud (5-4), Chircani-Zirnesti (6-6), Masivul
Cahul (6-9).
1.2. CIS Lopatna project overview
The main objective of the project is to increase access of land users within the command area of
CIS Lopatna to safe and reliable water supply by fully rehabilitating the irrigation system.
Full system rehabilitation implies replacement of pumps and repair of pumping station buildings
as well as installing new primary, secondary and tertiary distribution network. While the whole
rehabilitation process may last up to two years, the installation of new pipelines would be
completed within a year.
CIS characteristics
CIS Lopatna is located in the central-eastern part of the Republic of Moldova (in the district of
Orhei). The total command area of the system is 506 ha of agricultural land plots located within
the administrative area of Jora de Mijloc commune that administers four villages: Jora de Jos,
Jora de Mijloc, Jora de Sus and Lopatna. Some agricultural land plots located in these villages
are served by CIS Jora de Jos which is located very close to CIS Lopatna. The location of these
two systems is presented below in Figure 1.
Figure 1. Location of CIS Lopatna
The system was completed in 1974 and has not
been rehabilitated since then. Although the pipe
network is in fairly good condition, there are
hydrants and valves that are not functioning or are
damaged beyond repair. The pumping station,
SPP, is currently functional and provides water to
the basin at SP. Irrigation is gravity-fed. Pump
station SP is in a state of ruin and beyond repair.
The irrigation method is sprinkler irrigation using a
number of 32-sprinkler equipment type hose and
reel “DS” and “Sigma” and fixed type sprinkler
equipment “DDN 70.
This CIS derives water from the Nistru River. The
system includes one pump station: SPP. Total
pipeline network is approximately 26.5 km
comprising 4.2 km of primary pipes, about 6.1 km
of secondary pipes and about 16.1 km of tertiary
pipes. Total number of hydrants is 342 units and
there are 29 manholes, 37 air release valves and about 48 washouts. Pipe diameters ranges from
7
150 mm to 600 mm. Pipe material is steel, asbestos–cement, reinforced precast concrete or
RTNS (reinforced precast concrete with a thin core steel pipe). A set of drawings showing the
proposed technical design of the system can be found in Annex 1.
Project beneficiaries
The rehabilitation of CIS 11-6 Lopatna will serve 539 land users1 who cultivate on agricultural
plots in CIS command area and who will be able to benefit from irrigation water. Land users are
known to include land owners, renters and leasers. About 66% of the plots are cultivated by the
land owners while 34% of plots are cultivated on a rental basis. Most rented plots have based
on verbal agreements and not on official legal documentation. Verbal agreements to rent from
relatives are common. The structure of land use rights in the CIS area is shown in Figure 2 .
Figure 2. Land tenure structure (plots)
Within the CIS command area, almost all land users (about 99%) are small farmers who cultivate
less than 5 ha. Among them, almost three quarters are very small farmers cultivating less than 1
ha of agricultural land. The number of medium and large land users (with plot areas more than
10 ha) is small and accounts for about 1.1%. The share of land users disaggregated by farm size
is provided in Table 1.
Table 1. Number of land users disaggregated by farm size
<=1 ha 1.01-5 ha 5.01-10 ha 10.01-50 ha >50 ha TOTAL
77,7% 28,2% 0,9% 0,2% 0% 100 %
More than half of the CIS command area is cultivated by a quarter of small farmers (with farm
size ranging between 1 and 5 ha), with slightly more than one third of command area being
cultivated by very small farmers. In comparison, a few medium and large land users in the CIS
command area cultivate about 11% of land (see Table 2 bellow).
Table 2. Breakdown of land areas by farm size
<=1 ha 1.01-5 ha 5.01-10 ha 10.01-50 ha >50 ha TOTAL
37% 51% 7% 4% 0% 100 %
The number of land owners in the CIS command area in August 2011 was more than 9252, The
pool of potential beneficiaries may increase with time.
1 Irrigation Sector Reform Activity: Deliverable no 5- Expression of interest, Land users inventory, August 2011
2 Irrigation Sector Reform Activity: Deliverable no 5- Expression of interest, Land users inventory, August 2011
8
Project positive impacts
The rehabilitation of CIS Lopatna will have sustainable positive impacts on crop production and
incomes. Along with ISRA component responsible for WUA establishment, strengthening and
CIS management transfer, the rehabilitation of CIS Lopatna will result in increased access of
land users to safe and reliable irrigation water supply. The access to and application of irrigation
water will facilitate increased crop productivity and quality and/or adoption of HVA crops which
will in turn result in increased sales, agricultural incomes and wages paid to agricultural labor.
Along with other Compact Program components, CISRA will ultimately contribute to rural
poverty reduction in Moldova.
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, the rehabilitation works as such will negatively affect certain land users who cultivate
crops in the project area of impact. Based on ToR’s provisions . 20-m width easements has been
designed along the primary, secondary and tertiary pipelines. In case where the established
easement is not sufficient to ensure sufficient access of workers and machinery to the
construction site, the easement area will be enlarged.
To determine the impact area no field measurements were made; the methodology was based on
the 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 made to conduct
inventory of all affected land plots along the pipelines. The map showing the project area of
impact is presented in Annex 2.
2.2. Mechanism to minimize resettlement
The project seeks to minimize resettlement and negative impacts in line with the WB OP 4.12
guidelines. It will explore all possible alternatives of project design, including pipeline
replacement alongside 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 CIS draft design (with new pipe alignment that was changed with 3 and 5
meters away from the old one);
2. Determination of 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. Design of digital map showing the crop patterns 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 examination of all possible alternatives of project design;
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.
3 Field visits were made for valuation of perennial plantations and other affected assets
9
2.3. Categories of resettlement impacts
The rehabilitation of CIS Lopatna 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 (unused land plots)
Loss of annual crops and perennial plantations, as well as temporary loss of access to land (in
case of unused 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
by 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 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 main objective of the RAP is sustainable restoration or enhancing of affected persons’ pre-
project income level and living standards in conformity with objectives of World Bank policy
and best international practices regarding involuntary resettlement.
The specific objectives of the RAP are to avoid involuntary resettlement where feasible, or
minimize it by 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 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 preliminary inventory of the affected assets,
2. Identify the categories of impacts and magnitude of expected losses,
3. Identify basic socio-economic characteristics of PAPs and
4. Identify monitoring and evaluation baseline indicators.
10
4.2. Methodologies and tools
Population
The PAP, included in the census and socio-economic survey are users (individuals and legal
entities) of agricultural land plots situated in the resettlement area of impact. For identification of
users of affected plots, the following data sources were used: (i) updated database (of December
2011) of the agricultural land plots owners (including long term renters) and cadastral plans in
the CIS Lopatna command area; (ii) inventory of land users conducted by ISRA team (of August
2011); (iii) ortho-photo map and the irrigation system infrastructure (pump stations, pipes,
hydrants, manhole, etc.); (iv) local cadastral engineers during field visits; (v) interviews with
PAPs.
The database developed by ISRA was used as basis in identification of users of affected plots.
Although information on land users collected by ISRA consultants was based on in-depth
knowledge of local situation, it wasn’t possible to use it fully because of out-of-dated cadastral
information. In this respect, updated ownership information from State Enterprise Cadastre was
purchased. Still, it was not sufficient 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 instance, about 30 land plots were distributed after land privatization program. The
ownership titles for these land plots were not registered and issued due to lack of financial
resources. These plots are still legally owned by the mayoralty Jora de Mijloc but cultivated by
individuals. Eight land plots haven’t been registered as well and information about land
ownership couldn’t be found in the Cadastral Registry.
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 real location of the land plots shown on
ortho-photo (there was a technical problem), land plots were adjusted in accordance with the
ortho-photo maps to minimize the errors while determining the impact area and potential
affected persons.
The list of PAPs was updated by field enumerators during the census and socio-economic survey
carried out in 2012.
Questionnaires
To conduct census and socio-economic survey, four questionnaires were developed: 2
questionnaires for census (one for individuals and the other one for legal entities) and 2
questionnaires for socio-economic survey (one for individuals and the other one for legal
entities). These are provided 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 interview within census differed from those
within socio-economic survey. During the census, average duration of interview varied from 15
minutes to 1 hour with average duration of 40 minutes (depended on number of respondent’s
affected land plots). Average duration of interview during the socio-economic survey 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
Lopatna command area. These persons were regional and local consultants of the Rural
11
Extension Service, cadastral engineers, teachers, etc. All enumerators were provided with
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. For that purpose 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 PAPs census and socio-economic survey were intended to collect data on the following
main categories of affected persons: (i) individuals, and (ii) commercial companies.
The results of the survey revealed some 406 individuals and commercial companies which will
be affected by loss of annual crops, perennial plantations and access to land as a result of CIS 11-
7 Lopatna rehabilitation (see Table 3 below).
Table 3. Number of affected persons disaggregated by place of residence and legal status
Place of
residence/ operation
Status Individuals
Plots Compa
nies Plots
Total
affected persons
Total
affected plots
Jora de Jos
Interviewed 35 66 1 2 36 68
Absent 8 15 1 2 9 17
Total 43 81 2 4 45 85
Jora de Mijloc
Interviewed 120 249 1 21 121 270
Absent 28 57 1 3 29 60
Total 148 306 2 24 150 330
Jora de Sus
Interviewed 104 189 2 3 106 192
Absent 24 43 0 0 24 43
Total 128 232 2 3 130 235
Lopatna
Interviewed 66 111 0 0 66 111
Absent 15 26 0 0 15 26
Total 81 137 0 0 81 137
Total
Interviewed 325 615 4 26 329 641
Absent 75 141 2 5 77 146
Total 400 756 6 31 406 787
Seventy seven affected persons (75 individuals and 2 companies) could not be found and
interviewed during the census. In addition, the land users/land owners cultivating about 8
affected land plots could not be identified due to lack of information in the cadastre registry and
limited time. Therefore, the information provided below does not include data on
absentees/unidentified PAPs. These 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 agricultural employees, and legal form for commercial companies. The total
number of interviewed affected individuals is 325, out of which 69% are men and 31 % women.
The total number of interviewed affected companies is 4; comprising 3 peasant farms and a
limited liability company.
12
4.4. Basic characteristic of project affected persons
4.4.1. Affected individuals
Social information
The rehabilitation works of CIS Lopatna will affect 325 individuals. The age of individuals
varies from 21 to 83 years with a mean age of 54 years. About one-third of affected individuals
are aged between 61 and 70. A quarter of individuals are aged between 51 and 60 years.
Individuals older than 71 years account for 26% of the total number of affected individuals.
The majority of the affected individuals (about 66%) are married. Almost a quarter of affected
individuals are widowed; while 5% of them are divorced. In this regard, there is a significant
difference between men and women. The number of widowed women is greater than the number
of married women, and the number of divorced women is above the average.
Among affected individuals, about 26 persons are vulnerable persons. Most of these are
chronically ill and/or with disabilities. Only 3 women have disabilities and one woman is a
lactating mother.
The rehabilitation of the irrigation system will indirectly impact negatively 325 families of the
affected individuals. In 90% of cases, the affected individual is the head of the affected
household. Generally, the status of the head of household is less true for women.
Affected households account for 1060 persons. The number of members within a household
varies from 1 to 8 persons. Almost a quarter of the affected individuals have families consisting
of 2 members, followed by the families with 4 and 3 members. About 22% of affected persons
have large families consisting of 5, 6, 7 or 8 members.
Almost two thirds (63%) of affected households are taking care of 359 young people aged up to
25 years inclusively. The majority of families have one young person to care of; followed by
families with two young persons. Altogether, in the project impact area, there are 36 families
with 3 and 4 young persons.
There are 506 women in the affected households. Almost half of the affected households have a
woman as a member and a quarter of families have at least two women members.
The total number of persons aged over 61 years old and under the care of affected households is
142 persons. This accounts for almost a quarter of affected households who are taking care of
one such member, while the rest of households (about 10%) take care of two and three people
aging more than 61 years old.
Sixty six affected households are taking care of about 79 disabled or chronically ill persons.
Economic information
About 219 affected individuals have provided information about their own and other family
members’ occupations. This provides a response rate of 67%. Household work and paid
employment consume on average 25% and 8% of the total amount of time respectively.
Agriculture is the main occupation of affected individuals, who spend on average about 40% of
their time for that purpose. On the other hand, jobs abroad, care of children and other activities
consume 6%, 2% and 19% respectively. The fraction of time allocated for different types of
activities of affected individuals is presented in Figure 3.
13
Figure 3. Fraction of time allocated for different types of activities
Although the fraction of time allocated for agricultural activities varies from 0% to 80%, almost
a quarter of affected individuals spend 41-60% of their total time on this activity. For 27% of
affected individuals, agriculture is also an important occupation consuming between 21-40% of
their time.
At the household level, agriculture is an important activity which consumes on average 29% of
total time of the household members. Other important activities, such as household work, jobs
abroad, and paid employment consume on average about 21%, 8% and 7%, respectively, from
the total time of family members of affected individuals. The average fraction of time allocated
for different activities per affected family members is shown in Figure 4 below.
Figure 4. Average fraction of time allocated for different activities per affected family members
Although the amount of time allocated for agricultural activity varies from 0% to 80%, in about
42% of affected households, agriculture consumes on average 1-20% of total time. For one-third
of the affected families, agriculture consumes between 21-40% of total time of its members;
while for 21% affected households agriculture is more important and accounts for between 41-
60% and 61-80%.
Only 36% of families of affected individuals have one or more members who are employed full
or part time. Most of these families of affected individuals consist of members employed on part-
time basis spending about 1-20% of time in paid employment. A further 10% of affected
households have members employed between 21 and 60% of the time.
0
20
40
60
80
100
120
Total Men Women
Agriculture Non-agriculture Salarized job Job abroad
HH work Care of children Studies Other activities
0 20 40 60 80 100 120
Total
Men
Women
Agriculture Non-agriculture Salarized job Job abroad
HH work Care of children Studies Other activities
14
Non-agricultural activity in Moldova is not an occupation at any members of affected household.
On the other hand, family members of almost one-third of affected individuals spent on average
1-80% of their time employed abroad.
Some 217 affected individuals have provided information regarding the income gained in 2011,
thus registering a response rate of 67%. The absolute majority of affected individuals and their
families (88%) live below the poverty line. In 2011, the poverty line threshold was set at 1500
MDL per person per month. The distribution of affected individuals by net income per family
member per year is presented in Annex 4.
Project related information
All affected individuals are aware of the irrigation system rehabilitation. This is due to the
information disseminated within awareness campaigns conducted by ISRA in 2011 and DDRAP
in 2012. The vast majority of informed individuals got information about irrigation system
rehabilitation from the project (DDRAP representatives). Another rather big part of affected
individuals was informed by neighbors. Other important sources of information included TV,
radio and newspapers. The distribution of affected individuals by source of information is shown
in Figure 5.
Figure 5. Distribution of affected individuals by source of information
In 2011, all affected individuals expressed their interest in establishing Water Users Associations
within and under support of ISRA. All of them became members of newly registered Water
Users Associations later in 2012. A vast majority of affected households (98%) have agreed to
participate in the project by granting the right to carry out construction/ rehabilitation works on
their land plots, as presented in the Table 4 below. The list of affected individuals who refused to
participate in the project is presented in Annex 5.
Table 4. 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 325 100% 325 100% 319 98%
Men 223 100% 223 100% 217 97%
Women 102 100% 102 100% 102 100%
All affected individuals have declared that they were aware of compensation to be provided
under the project to minimize the economic displacement impact. The absolute majority favored
cash compensation for loss of income. About 9% affected individuals didn’t answer this
question.
Almost all affected individuals (98%) have expressed their opinion on potential effects/impacts
of irrigation system rehabilitation. According to an absolute majority of affected individuals
0
100
200
300
400
Project TV Newspaper Radio Neighbours Other source
Total Men Women
15
(98%), reduced crop production would be the main immediate effect of rehabilitation. Reduced
animal production and incomes are considered immediate effects of rehabilitation by 94% of
individuals. Increased job opportunities are considered as potential immediate effects by about
88% of the total affected individuals. The distribution of affected individuals by type of impact is
shown in Figure 6.
Figure 6. Distribution of affected individuals by type of impact
4.4.2. Affected commercial companies
There are 4 affected commercial companies; out of which three are peasant farms and one is a
limited company. They are all headed by men. The total number of the affected peasant farms’
and companies’ owners is 4. The registration certificates are available at all companies.
The peasant farms have registered an annual turnover of between 800,000 Lei and 900,000 Lei in
2011. The director of the limited liability company didn’t answer to this question.
The peasant farms only produce crops; while the limited liability company specializes in wine
production and marketing, in the CIS rehabilitation area the limited liability company is growing
annual crops, its vineyards are located outside CIS, therefore will not be affected by our project.
In 2011 these companies hired 25 persons. Crops are mainly marketed locally by peasant farms.
In 2011 only one peasant farm exported its products abroad.
In 2011, all affected companies expressed their interest in establishing of Water Users
Associations. Later all companies became the members of WUAs registered in early 2012. Also,
all affected businesses have agreed to participate in the project by granting the right to carry out
construction/ rehabilitation works on their land plots.
There is a high interest toward rehabilitation of irrigation systems from companies’ side, and all
they show sufficient awareness of this. The only source of information about rehabilitation is the
project (DDRAP representative).
All companies are aware of types of compensation to be provided. All of them have expressed
their interest in getting cash to cover loss of income but only the limited liability company
indicated a value of 6000 MD lei.
Reduced crop and animal production and income are considered as potential immediate effects
of rehabilitation by 3 companies. Also most of companies believe that rehabilitation will increase
job opportunities and environmental pollution.
0 50 100 150 200 250 300 350
Dicreased crop production
Dicreased animal production
Dicreased incomes
Increased job opportunities
Increased environmental
pollution
Women
Men
Total
16
4.5. Affected agricultural plots
The rehabilitation of irrigation systems 11-7 Lopatna will require an easement of slightly more
than 43 ha on some 787 land plots with a total area of around 360 ha. The information on
affected plots disaggregated by categories of PAPs can be found in the Table 5 below.
Table 5. 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 325 615 279,1113 33,256
Absent 75 141 61,965 7,5142
Total 400 756 341,0763 40,7702
Companies
Interviewed 4 26 15,4615 2,1524
Absent 2 5 2,3335 0,3116
Total 6 31 17,795 2,464
Total
Interviewed 329 641 294,5728 35,4084
Absent 77 146 64,2985 7,8258
Total 406 787 358,8713 43,2342
The information about affected land plots provided below doesn’t include the affected plots
cultivated by affected persons who could not be found/ identified and interviewed during the
census.
4.5.1. Affected individuals
Most affected plots are cultivated by individuals. Each person has on average of 1.9 affected
plots. The total estimated affected area represents more than 33 ha, as indicated in the Table 6
below.
Table 6. Number of affected plots, total and affected areas
Affected individuals Nr. persons Nr. plots Total land
area, ha
Total affected
area, ha
Men 223 469 219,7825 26,0866
Women 102 146 59,3288 7,1694
Total 325 615 279,1113 33,256
About 96% of affected plots are cultivated by individuals on the basis of ownership rights; with
94% of plots having legal documentation.
More than half of affected individuals have only one affected land plot. For more than a quarter
of individuals (29%), the rehabilitation will affect 2 land plots. The remaining 18% of persons
will have up to 12 plots affected. The distribution of affected individuals by number of affected
plots is presented in Figure 7 below.
17
Figure 7. Distribution of affected individuals by number of affected land plots
The total area of affected plots is about 268 ha averaging 0.5 ha per plot. About 40% of plots
have a total area ranging between 0.2001 – 0.4000 ha, followed by about 20% of plots with area
ranging between 0.0001-0.2000 ha and 19% of plots with area ranging between 0.2001-0.4000
ha. The rest of affected plots (22%) have an area more than 0.6 ha.
Estimated affected area of land plots area is about 32 ha; its exact area will depend on location of
pipes, hydrants, manholes and valves. The vast majority of plots (90%) situated in the area of
impact have affected area between 0.0001-0.1000 ha. About 7% of plots have an affected area
ranged between 0.1001-0.2000 ha. Eighteen land plots have an affected area more than 0.2 ha.
The distribution of plots by estimated affected area is presented on the Figure 8 below.
Figure 8. Distribution of plots by estimated affected area
Plots within the impact area will be affected to a different extent. The majority of plots (82%)
will be affected to a lesser extent, with less than 20% of the surface area being affected. About
14% of land plots will be affected to a greater extent (21-40%). A few affected individuals will
not be able to cultivate anything on some 4 plots because the affected area will be between 80-
100%; with three of them being even affected at 100%. The distribution of plots by share of
estimated affected area is presented in Figure 9 below.
0%
20%
40%
60%
80%
100%
120%
Total Men Women
1 2 3 4 5+
84%
86%
88%
90%
92%
94%
96%
98%
100%
102%
Total Barbati Femei
0,0001 - 0,1000 ha 0,1001 - 0,2000 ha 0,2001 - 0,3000 ha
0,3001 - 0,4000 ha 0,4001 ha +
18
Figure 9. Distribution of plots by share of estimated affected area
4.5.2. Affected companies
The rehabilitation of the irrigation system will affect about 26 land plots cultivated by
commercial companies. On average, each company will have 6.5 affected plots. The total
estimated affected area constitutes slightly more than 2 ha, as presented in the Table 7 below.
Table 7. Number of affected plots, their total and affected area
Affected company Nr.
companies Nr. plots
Total land
area, ha
Total affected
area, ha
Peasant farms 3 25 13,0582 1,833
Limited liability companies 1 1 2,4033 0,3194
Total 4 26 15,4615 2,1524
The majority of affected plots (about 73%) are being cultivated on the basis of ownership right
while for slightly more than 60% of affected plots legal documentation is not available.
Rehabilitation will have a major effect on one peasant farm and require an easement spread out
on 8 land plots. The other companies are less affected and have 1 and 2 affected plots.
The total area of affected plots is about 7 ha averaging and averages 0.6 ha per land plot. The
majority of affected plots (91%) have a total area of up to 1 ha, although one plot has an area of
2.4 ha.
Subject to location of plots and irrigation infrastructure, the plots within the impact area will be
affected to a different extent. About 64% of plots within area of impact have an affected area
between 0.0001-0.1000 ha. The remaining 4 plots have an affected area between 0.1001-0.4000
ha.
Almost three quarters (73%) are affected on less than 20% of their area, while the remainder are
affected by up to 80% of their surface area.
4.6. Mitigation of resettlement impacts
4.6.1. Basic principles
0 100 200 300 400 500 600
0 - 20%
21 - 40%
41 - 60%
61 - 80%
81 - 100%
Women Men Total
19
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, next 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.
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
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 visibility of compensation payments, the RAP implementer will provide the
project affected persons with advance notice of the period, place and method of payments
through information meetings and public announcements posted at mayor office, WUA office
and other public places. This action will also increase transparency of compensation payments
that would prevent gender inequality.
4.7. Magnitude of expected loss
The rehabilitation works within CIS Lopatna 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 individuals with an
expected damage valued at more than 2.5 million MD Lei. 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 Table 8 below.
Table 8. 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 400 49377,43 2558553,00 2607930,43
2 Companies 6 3733,79 0,00 3733,79
Total 406 53111,22 2558553,00 2611664,22
20
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 resettlement are as follows:
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;
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.
National legal framework which has relevance to land acquisition and resettlement is provided in
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 goods: 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 their purpose.
• The right to use the real estate goods 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 benefit. 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 to an agreement, the procedure will be
submitted to the competent courts.
Public benefit
The public benefit may be established for objectives of national, local or common interest and
can be declared:
21
• 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 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
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.
The expropriation on a mutually agreed basis
The expropriation on a mutually agreed basis foresees the following:
• Inventory of all properties to be expropriated, including both land and buildings;
• Declaration of public utility of common interest;
• Informing population through announcements set 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 right
holders on 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 who 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 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, afferent costs being covered by the expropriator.
22
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
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 temporary land expropriation for public
benefit applicable to the present project.
5.4. Comparison between national legislation and WB OP 4.12
There is limited correspondence between the Moldovan legislation and the World Bank
Operational Policy on involuntary resettlement OP4.12. The WB OP 4.12 is applied in situations
involving involuntary land acquisition and involuntary restrictions of access to parks and
protected areas defined by legal status. The 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 the involuntary resettlement, but in cases
when people lose their homes or livelihoods as a result of the project implementation, their life
standards should be improved, or at least restored. OP 4.12 encourages the public participation to
resettlement planning and implementation. The key economic objective of OP 4.12 is to assist
the 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 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.
23
However, the WB OP 4.12 is more exigent as compare to Moldovan legislation regarding such
issues as:
• resettlement planning and procedural requirements;
• public hearings and participation in the project affected areas;
• compensation offer and, if necessary, other assistance to affected persons;
• compensation payment to all categories of affected persons;
• property assessment of eligible persons;
• incomes recovering;
• compensation for the informal users of the property or the property rights;
• compensation for the informal businesses;
• protection of socially 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 Annex 8, and the measures to be taken to implement resettlement in
compliance with WB OP 4,12 are presented in Annex 9.
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 the determination of 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 ways for applying these methods of valuation are established by the
Government of the Republic of Moldova5. The valuation of the 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 para.
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
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
24
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
cost of any registration and transfer taxes are also paid and the value 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 On
normative price and order of purchase and sale of land of 25.07.1997.
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
The following central governmental institutions that have a national coverage of their
competence will be involved in RAP implementation:
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.
25
2. Agency “Apele Moldovei” (AM) established by the Government Decision No.1056 of
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..
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”, “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
1. Rayon Councils (RC) including Chairmen of Rayon Councils (RP) (including
Secretaries of Rayon Councils (SRC) and Rayon Agricultural and Food
Departments (RAFD) are responsible for local implementation of agricultural policies
developed by the Ministry of Agriculture and the local public authorities).The Rayon
Councils are the authorities responsible for district autonomy as deliberative bodies
while 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.
The Local Councils are the authorities responsible for local autonomy as deliberative
bodies while Mayor as executive body. Also, Local Councils may establish public
benefit 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
26
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 establishment of new resettlement committees at district and local levels, as follows:
1. The District Coordination Committee (DCC) on resettlement and land acquisition will be created in village Jora de Joss . DCC will coordinate resettlement activities at
district level including surveys (census and socio-economic survey), PAP consultations,
grievance redress. The DCC creation will be initiated by the RAPI and approved by the
District Council Decision in accordance with the law On expropriation for public bnefit
No. 488-XIV of 08.07.1999.
2. The Local Resettlement Committees (LRC): will be established in village Jora de
Mijloc through a Local Council Decisions. This committee will be in charge for redress
resettlement grievances.
6.4. Private entities
For the purpose of RAP implementation and according to the Moldovan legislation, certain
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 are responsible for authentication of the real estate alienation 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 in accordance with the Licensing of Entrepreneurial
Activity Law No. 451-XV from 30.07.2001 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
The institutions and organizations will have specific roles and responsibilities in implementation
of RAP activities according to their mandate. The actions to be carried by these institutions and
the implementation timeframe are presented in the Table 9 below.
27
Table 9. 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 Throughout 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
Once when new affected
crops are identified
4 Provide statistical data Provide statistical data on market prices of various crops that are used for
calculation of compensation rates NBS
Once 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 Since the 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
Since the second month
of RAP implementation
8 Establish and participate in
the resettlement committees
at district level
Establish the resettlement committees through decisions;
Receive and keep evidence of PAP complaints;
Chair the meetings and delegate members (resettlement specialists from RAFD) to
participate in the meetings.
RC, RP, SRC,
RAFD Since the second month
of RAP implementation
9 Establishing public benefit
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 Since the second month
of RAP implementation
10 Redress grievance at district
level Facilitate the communication between all parties involved in the resettlement
activities; DCC
Since the second month
of RAP implementation
28
Receive complaints and intimations from the SRC;
Carry out the 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
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 justified decisions regarding the compensation offer to the PAP.
11 Redress grievance at local
level
Provide support to affected persons in the field of resettlement, compensation types
and rates, eligibility criteria, etc;
Receive complaints and intimations from the SLC;
Examine complaints and intimations submitted by affected persons;
Take decisions on complaints received;
Transmit the Minutes to SLC.
LRC Since the second month
of RAP implementation
12 Evaluate RAP
implementation Evaluate RAP implementation
Resettlement
monitoring During and .after 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 permission to carry out construction works on PAPs land
plots Public notaries
When absentee PAPs
are not found in place
14 Represent the interests in the
court Represent the project's interest in the court when the PAPs complaints are not
redressed by resettlement committees and reach the competent court Lawyers
When PAPs complaints
are not redressed by
resettlement committees
and reach the competent
court
15 Evaluate affected assets Evaluate affected assets according to Moldovan legislation Evaluation
company When new 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
29
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 main and 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 by carrying out consultations with the project affected
persons 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 compensation types according to the type of loss/impact generated by resettlement. The
entitlement matrix is presented in Annex 10.
7.2. Cut-off date
The cut-off date for RAP Lopatna 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: preliminary identification of affected
assets, inventory of affected assets and valuation of affected assets. The affected assets were
preliminary identified during the PAP census and socioeconomic survey.
Following the census, the valuation experts carried out a number of field visits to conduct
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 their right of use and
location schemes. The inventory of land plots took into account the category of the agricultural
works 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.
30
The results of inventory represented the basis for determining the value of affected assets, and
compensation level respectively. During the valuation process, a combination of expenses
method and income method was used to determine the value of affected assets.
7.3.2. Results of the inventory of affected assets
The results of the inventory of affected assets revealed that the rehabilitation of CIS Lopatna will
affect agricultural land plots cultivated with annual crops and perennial plantations. Still there
are about 3 land plots with an affected area of 0.1656 ha that are fallow (unused plots).
The mostly affected annual crop is maize that accounts for 61% of the total affected area,
followed by sunflower (26%), wheat (4%), barley (3%), peas (2%), onion (2%) and other annual
crops. Estimated affected area disaggregated by affected annual crop varieties is shown in Table
10.
Table 10. Estimated affected area disaggregated by affected annual crop varieties
Nr. Crop name Estimated affected
area, ha
1 Potatoes 0,044
2 Onion 0,4257
3 Beans 0,0975
4 Sun flower 6,6935
5 Wheat 1,0746
6 Water melon 0,3194
7 Corn 15,5259
8 Peas 0,4734
9 Barley 0,529
10 Onion 0,3798
11 Other annual crops 9,3207
12 Unused plots 0,1656
Total 35,0491
Rehabilitation will affect perennial plantations such as fruit orchards, vineyards, fruit tree
nurseries and planting material (layers). Mostly affected fruit plantations are apple orchards that
account for about 54% of the total number of affected fruit trees, followed by apricot plantations
(14%), plum plantations (12%), quince (11%) and other fruit tree varieties, as presented in the
Table 11 below.
Table 11. Number of affected trees disaggregated by affected fruit tree varieties
Nr. Perennial crop Number of affected
trees/bushes
1 Apple 843
2 Raspberry 423
3 Walnut 7
4 Peach 137
5 Plum 184
6 Cherry 7
7 Table grapes 5000
8 Apricot 210
31
9 Quince 165
10 Layers (planting material) 33236
11 Almond 2
Total 40214
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 no.1308 On normative price and purchase and sale of land.
Table 12 below shows the calculations made to determine the compensations for lost annual
crops and loss of access to land plots.
Table 12. Breakdown of the compensation calculations 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 0,044 61 1242,08 2 66,67
2 Onion 0,4257 61 1242,08 2 645,08
3 Beans 0,0975 61 1242,08 2 147,75
4 Sun flower 6,6935 61 1242,08 2 10142,91
5 Wheat 1,0746 61 1242,08 2 1628,38
6 Water melon 0,3194 61 1242,08 2 484,00
7 Corn 15,5259 61 1242,08 2 23526,98
8 Peas 0,4734 61 1242,08 2 717,36
9 Barley 0,529 61 1242,08 2 801,61
10 Onion 0,3798 61 1242,08 0,02 575,53
11 Other annual crops 9,3207 61 1242,08 0,02 14124,01
12 Unused plots 0,1656 61 1242,08 0,02 250,94
Total 35,0491 53111,22
Breakdown of total compensations by affected persons is presented in the Annex 13.
7 art. 17(2) of the law On tenancy in agriculture no. 198 of 15.05.2003
32
7.4.2. Compensations for loss of perennial crops
The compensations for the loss of the perennial plantations were calculated at the total
replacement cost according to OP 4.12. It includes the value of the lost harvest, plantation
recovery costs, and loss of income during the recovery period. Therefore when calculating the
compensation for affected orchards, there was taken into account both direct and indirect costs
related to soil preparation, plantation establishment and maintenance until the state before
resettlement and the loss of harvests until the plantation starts 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
Annex 11.
The calculations 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 – Period required to recover the lost harvest (years)
Rc – Recovery costs (lei/tree)
Nc – Number of affected trees
The breakdown of calculations made to determine compensation for lost perennial plantations is
presented in Annex 12.
Total amount of compensation for loss of perennial plantation is 2558553,00 MDL. Breakdown
of total compensations 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 the agricultural productivity and incomes. Thus it will
bring benefits to each individual, in particular, and to the whole community, in general. Still,
during the construction phase some of the land plots will be affected, being temporary 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 in
the tertiary network. One of the main RAP objectives is to minimize the negative impacts of the
project.
The World Bank OP 4.12 stipulates that any displaced persons and their communities including
any host communities should be provided with timely and relevant information, consulted on
resettlement options. The communities and project affected persons should be also offered
opportunities to participate in planning, implementing and monitoring 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;
8 Business in fruit production. Practical guidelines. ACSA, 2010. Business in grape production, ACSA, 2009.
33
• Encourage a participatory process of all entities involved in the project’s development;
• Develop a community participation and consultation plan for its future implementation of
a final Resettlement Action Plan for the THVA project.
• Encourage the PAPs to be open-minded to share insight information about the
land tenure, to make known their concerns and claims and to be transparently informed
about the project and grievance process for their own rights and for lodging complaints.
8.2. Project stakeholders
Informational campaign and public consultations were focused on various groups of
stakeholders. The 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 406 affected persons, from which 329 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)
Mayoralty representatives are directly linked to the project, as they have a major influence on
RAP implementation. Therefore, public consultation meetings were attended by mayor, Local
Council secretary, cadastral engineer and other mayoralty representatives. 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 to the compensation offer during the RAP implementation, and these are
presented in the Annex 14.
Community people
For a better knowledge of the current situation in CIS Lopatna and implicitly 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
For a better RAP development, a consultation strategy was developed and implemented
throughout the RAP preparation process. The consultation strategy was designed to: (i) inform
PAPs on the potential adverse impacts of CIS rehabilitation activities; (ii) inform the 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 specific
objective was to consult individuals and WUA members in an open and honest way, using the
following principles as a guide:
• Communications are relevant to the circumstances of PAPs and should address their
specific concerns;
• The project team communicates using a variety of different ways which include direct
communication, public events, press releases and announcements;
34
• The project team makes sure that information is available in a variety of formats – to
ensure that it reaches or is accessible by all sections of the project area.
8.4. Public consultation process
Effective resettlement planning requires regular consultations with a large number of
stakeholders, including project affected persons and those who can play a significant role in RAP
development and implementation.
8.4.1. Public consultations
The consultation process was 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. Also, the consultation meetings served as a
platform for obtaining agreement of WUAs on cut-off date before the beginning of the census
and socio-economic survey. Therefore, the information dissemination campaign was conducted
through:
• Announcements on the City Hall billboards and other public popular places;
• Direct meetings with PAPs in CIS command areas facilitated by WUAs, and
• Focus Group Discussions.
These were carried out prior to commencement of the Census and Socio-economic Survey with
the aim of increasing PAP awareness on RAP preparation. During the field surveys a number of
community meetings, discussions and interviews were conducted with households and
commercial entities, including WUA members. In addition, the local administration, cadastral
technicians, community leaders, NGOs and other stakeholders were consulted in interviews and
Focus Group Discussions.
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 could 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, social institute’s
representatives were informed about the RAP objectives, in general, and Census and Socio-
Economic Survey objectives, in particular. Also informational 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 (FGD) meeting was organized by the
project team. At the FGD meeting took part 11 persons, representing different social segments:
social assistants, farmers, local public authorities, pensioners (see Annex 16). Good practice
encourages seeking out the views of women, because they provide with a more complete picture
of potential risks, impacts, and opportunities relating to the Project. Thus, 36% of participants at
the FGD meeting were women (4 persons).
All the participants were informed in advance about the FGD objectives and topics to be
discussed. The FGD meeting agenda is presented in Annex 17.
According to information communicated by the FGD participants, agriculture is the main
occupation in CIS Lopatna, but not the main source of income. Main agricultural occupations are
nurseries and crop production as sunflower and corn. The majority of persons, especially
women, employed in agricultural sector are owners of land plots. Men are mostly working
abroad.
35
When the irrigation system will be rehabilitated, villages situated in CIS Lopatna will be able to
self-supply with food, by cultivating agricultural products which are currently bought from the
city. Also the prices for the land plots will rise and implicitly the incomes will increase. An
expected benefit is the decreasing of the water fee.
Small landowners mostly will not be negatively affected. In case when the irrigation system will
not be possible to use, the negative impacts will be much bigger, because there are no other
sources of irrigation in CIS Lopatna. The impossibility of irrigation will deteriorate the planting
material quality in nurseries. Thus, the loss of incomes will increase.
Besides, they expressed a view that due to rehabilitation works about 50 seasonal employees
might lose their places of works. The Consultant explained that the extent of resettlement area of
impact (affected area) is minor if compared to the whole farm area and the rehabilitation works
will be carried out in phases, that is why it is considered that rehabilitation works will not affect
seasonal labor.
The main fear expressed by the participants at the FGD meeting is the beginning of the
construction phase during the agricultural period, thus the loss of the expected harvest will be
much bigger. In this context, the participants requested to be informed objectively and with at
least one year in advance about the start date of the rehabilitation works, so that they will be able
to plan their agricultural activities in order to minimize the losses. Another concern expressed by
the participants is the limiting access to hydrants by landowners on whose territory such
hydrants are located, as well as the disagreement of some PAP regarding the compensation offer
and implicitly the refuse to cooperate with the project team.
The irrigation system rehabilitation will contribute to creation of more places of work. Due to
increased production efficiency and decreased costs, agricultural employees’ salaries will grow.
Also, the business environment will be improved. It will be possible to raise high value crops,
which now is not possible in CIS Lopatna area. Following the irrigation system, a cannery and
recreation center are going to be built.
The participants at the FGD meeting mentioned that the RAP implementation will raise people’s
credibility to the project and will consolidate its positive image.
8.5. Consultation of absentee PAPs
About 77 PAPs could not be found during census. In addition, there are a couple land users that
could not be identified. The identification and compensation procedure of the absentee and/or
unidentified affected persons is presented in Annex 18.
For the absentee affected persons who are living abroad a Power of Attorney template was
developed and it is presented in Annex 19.
8.6. Agreements
The results of PAP census and socio-economic survey revealed 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. Still, there are about 6 PAPs 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 project participation rate
among absent/unidentified PAPs is unknown.
Despite high project participation rate, the agreements haven’t been collected due to delays in
identification of PAPs caused by delayed preparation of detailed design schemes of irrigation
system. Therefore field visits and consultations will be conducted by RAPI at the beginning of
RAP implementation in order to get the agreements signed by most, if not all, affected persons.
The RAPI will facilitate singing the agreements by both heads of households when possible
36
(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.
The affected persons should 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 between PAP and MCA which has
to be signed by each affected person (agreement template is provided in Annex 20). 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.
In addition, all PAPs will be informed and requested not to plant perennial plantations on the 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 Orhei; (ii) and a Local Resettlement
Committee (LRC) located in Jora de Mijloc commune. The RAPI will also provide support to
organize and carry out the committees’ meetings.
The Resettlement Local Committees created by the Local Council Decision will consist of 5
members, out of which 2 women, as follows: the mayor who will be the LRC chairperson, the
cadastral engineer, the representative of WUA Administrative Council, representative or formal
leader of PAPs, and representative of local NGOs/farmers associations/teacher. The formal
leader and the local NGO/farmers association representative will be selected by the project
affected persons following an information session organized by RAPI in each locality from CIS
11-7 Lopatna within the first month of RAP implementation.
District Coordination Committee on resettlement and land acquisition established by the District
Council Decision in accordance with the law On expropriation for public benfit No. 488-XIV
adopted on July 8, 1999, will consist of 7 members, out of which 3 women, as follows: 3
relevant specialists from Rayon Council, 3 representatives of PAPs and a representative of 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 11-7 Lopatna
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.
37
9.3. Grievance redress capacity building
Due to lack of limited experience in applying in Moldova the principles of the WB OP 4.12
regarding to the involuntary resettlement, the 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 be provided with two trainings focused on grievance redress mechanism. The
trainings will be organized and delivered by RAPI.
The first training, which will take place 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;
• How to identify and compensate the absentee affected persons;
• How to prevent unjustified complaints on compensation offer during RAP implementation;
• Case studies;
• Terms of references and tasks for each created committee.
Each training participant will receive a folder with the following informational materials:
• The instruction on how to keep evidence and examine the complaints from project affected
persons, submitted in written version during the RAP implementation (see Annex 21);
• Procedure of identification and compensation of absentee affected persons;
• Measures to prevent unjustified complaints regarding to the compensations;
• An interactive presentation of the step by step grievance redress (see Annex 22).
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 give rise to resettlement,
namely installation of new primary, secondary and tertiary distribution network, will be carried
out in phases (by sector) and completed within 1 year thus affecting only one agricultural season.
In this respect, the RAP will be implemented over one and a half years while the rehabilitation
works affecting land plots is being undertaken. The RAP activities to be implemented are
reflected below in the Table 14.
Prioritization of RAP implementation based on complexity areas and areas under
construction works
38
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 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
39
Table 14. 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 detailed 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 excavator work
Completion of construction works for primary, secondary
and tertiary distribution network
Putting irrigation system in operation
40
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 with the feedback on RAP implementation and to identify problems and successes
as early as possible 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 the followings:
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. PAPs related actions and measures are effective for restoring of their income level
11.2. Monitoring indicators
In order to measure and report on the performance of RAP implementation, a set of monitoring
indicators were developed. The Table 15 below provides information on indicators by specifying
the indicator name, definition, baseline and targets, and gender disaggregation.
The baseline was established on the basis of the results of census and socio-economic survey that
describe the situation of project affected persons before intervention/rehabilitation. The targets
were set on the basis of RAP objectives and implementation activities, results of PAPs census
and socioeconomic survey and experience of staff involved in RAP preparation.
Table 15. 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
Rate of absentee PAPs identified
and consulted (effectively
interviewed versus planned) 77 100% Yes
41
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 2 No
Number of participants at
information/consultation sessions 0 406 Yes
Final agreements with
PAPs signed
Number of final agreements with
PAPs signed 0 406 Yes
Completion date of collecting final
agreements with PAPs Month 7 No
PAPs compensated on
time
Rate 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 2 No
Number of resettlement
committees' members 0
12/5
women Yes
Number of persons trained 0 14/5
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 936 936 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 period
and frequency of data collection and reporting. Data collection and reporting will be
responsibility of RAPI through its monitoring expert.
42
Performance indicators
The progress made in RAP implementation will be measures and reported against performance
indicators which are SMART. The indicators will mainly measure the results directly produced
by RAP activities, thus being connected with the RAP implementation schedule and plan.
Data sources
Generally speaking, monitoring data will be collected from different sources such as quarterly
reports of RAP implementer, PAP database, consultation logs, and grievance logs from rayon
and local based resettlement committees, court verdicts issued by first instance, bank by 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 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, the data will be collected on monthly and quarterly basis. It will be
analyzed and reported through quarterly and final reports.
The internal monitoring framework is presented in the Table 16 below.
Table 16. 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
review Quarterly during
RAP implementation
Problems occurred,
solved and/or
corrective actions
adopted
Quarterly reports of
RAPI Documentation
review Quarterly during
RAP implementation
Consultation log Documentation
review Quarterly during
RAP implementation
Absent PAPs
identified and
consulted
PAP database
Quarterly reports of
RAPI
Documentation
review
Individual
interviews
Once within first
three months of RAP
implementation
Additional PAPs
identified and
interviewed
PAP database
Quarterly reports of
RAPI
Individual
interviews
Once within first
three months of RAP
implementation
PAPs are informed
and consulted
Quarterly reports of
RAPI
Consultations log
Signed list of
participants
Documentation
review
Direct
observation
Once within first
four months of RAP
implementation
Final agreements
with PAPs signed
Quarterly reports of
RAPI
Final agreements
with PAPs
Documentation
review
Quarterly within first
7 months of RAP
implementation
43
Eligible PAPs
receive full
compensation
entitlements on
time
PAPs compensated
on time
Quarterly reports of
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 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 and concrete
implementation schedule.
Information management system
RAPI will set 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 RAP monitoring specialist who will coordinate
and participate in monitoring activities. The RAP monitoring specialist will report directly to
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 subject revised and updated on when needed basis in order
to adjust to the changes operated in RAP implementation activities and/or improve the
monitoring system and performance measures.