Power Transmission and Distribution Project by mzq79210

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									         SHORT RESETTLEMENT PLAN




         Supplementary Appendix to the
   Report and Recommendation of the President
             to the Board of Directors


                     on the


POWER TRANSMISSION AND DISTRIBUTION PROJECT


                       IN


                 AFGHANISTAN




          Ministry of Energy and Water




     This Report was prepared by the Borrower
           and is not an ADB document.




                  October 2004
                                                     Table of Contents

I.          Executive Summary                                                                                i

II.         Short Resettlement Plan                                                                          1

            A.          Introduction                                                                         1

            B.          Scope of Land Acquisition and Resettlement

                        1.             Imam Sahib to Shekhanbandar Transmission Line                        1
                        2.             Khan Abad and Taluqan City Distribution                              2
                        3.             Transmission Line from Kabul to Gardez                               2
                        4.             Transmission Line from Naghlu to Jalalabad, with Link to Mehtarlam   2
                        5.             Sarepul Substation                                                   3
                        6.             Charikar City Distribution                                           3
                        7.             Project Affected Persons                                             3

            C.          Legal Framework and Compensation Policy

                        1.             The Relevant Provisions from Law on Land Acquisition in Afghanistan 4
                        2.             ADB’s Policy on Involuntary Resettlement                            5
                        3.             Project Principles and Policies                                     5
                        4.             Eligibility and Entitlements                                       10
                        5.             Project Entitlement Matrix                                         14

            D.          Organizational Framework

                        1.             The Environmental and Social Impact Assessment Office                16
                        2.             The Role of ESIAO/ Project Manager                                   16
                        3.             Project Supervision Consultant                                       17
                        4.             Provincial and Municipal or District Governments                     17
                        5.             District and the Village Resettlement Committees                     17

            E.          Implementation and Operational Framework

                        1.             Pre-Resettlement Implementation Activities                           18
                        2.             Implementation Phase                                                 21
                        3.             Post-Resettlement Implementation Phase                               22
                        4.             Implementation Schedule                                              22

            F.          Grievance Redressal

                        1.             Objective and Procedures                                             22
                        2.             Facilitating the Filing of Grievances                                23

            G.          Social Rehabilitation Measures

                        1.             Direct Employment to the Project                                     23
                        2.             Fund for Social Development of Women and Minorities                  23


Power Transmission & Distribution TA
October 2004
            H.          Resettlement Cost

                        1.             Estimated Expenses                   24
                        2.             Plan for Financing Resettlement      24

            I.          Monitoring and Evaluation

                        1.             Internal Monitoring                  24
                        2.             External Monitoring and Evaluation   25

            J.          Indigenous People’s Development Plan                28




Power Transmission & Distribution TA

October 2004
                                       I.   EXECUTIVE SUMMARY

1.       There is no resettlement and very limited land acquisition required by the Power
Transmission and Distribution project (the Project) since much of the project involves restoration
of existing lines and substations, and land in the form of access-ways will only be required
temporarily during construction. In general there is no requirement to purchase land underneath
power lines; however in some cases land holders will be required to remove or trim back trees
which would interfere with lines. Some areas with existing alignments have had tower footprints
encroached upon by the surrounding croplands over the 20 years or so since they were last
functional. As such compensation for a number of small land parcels (each in the range of 3-4
m2) has been budgeted for, or changes made to the original alignment to avoid encroachment.

2.     Where transmission lines are to be introduced to areas without existing alignments,
designs are to be selected which will minimise potential resettlement issues. Lines will be
placed on roadside reserves (northeast), existing local distribution structures will be upgraded
where possible (east), or constructed on hillsides (south) not used for agriculture or habitation.

3.       Since land acquisition has been minimised and there is no requirement for resettlement,
the budget is a modest $68,420, of which only $11,350 is for compensation for productive land
and assets (mainly trees). The largest budget allocation is for locally procured external
monitoring ($53,000), and the remainder for disclosure to project affected persons (APs) and
associated activities. The social survey results indicated a very low proportion of female headed
households (less than 1%) and no anticipated negative impacts on ethnic minorities, however
the project has conservatively been categorised B for indigenous peoples. An amount of $1,600
has been budgeted for a Fund for Social Development since the years of conflict in Afghanistan
have greatly limited the roles of women in development on one hand, and displaced many
minorities on the other.

4.       While the land acquisition is minimal, the significant challenge for the project, given the
existing negligible capacity of the Executing Agency, MWP, will be the implementation of land
acquisition activities. As such this document also outlines the responsibilities of the government
together with the relevant policy framework, with regards to implementation of the Resettlement
Action Plan (RAP), and suggests how this may be assisted by the Project Supervision
Consultant (PSC), including the scope for both internal and external monitoring.

5.      Following detailed design and before award of civil works contracts, the short
resettlement plan will be:

            •      Revised based on the detailed measurement survey, including full census of
                   affected persons, final asset inventory and valuation, and final budget;
            •      Disclosed to affected people; and
            •      Submitted to ADB for approval.




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October 2004                                      Page i
                                       II.   Short Resettlement Plan

A.          Introduction

6.       This chapter summarises recommendations with regard to the resettlement and land
acquisition requirements of the proposed project. It also outlines the responsibilities of the
Islamic Republic of Afghanistan (IRA or the governement), together with the relevant policy
framework, with regards to implementation of the Resettlement Action Plan (RAP). This
document also sets out best practices and responsibilities for RAP implementation, monitoring
and evaluation.

7.       The resettlement field work and analysis was undertaken in Afghanistan during June-
July 2004. Some project areas were visited by the resettlement specialist, others by the
social/poverty specialist, and the remainder (specifically in the south and east) by the domestic
consulting team (due to the security situation at that time) to collect the information relevant to
this report.

8.      According to the Asian Development Bank definition below, the project can be
categorised as having Insignificant Resettlement:

            •        Category B: Insignificant Resettlement - less than 200 people are displaced
                     from housing, less than 200 people will lose less than 10 percent of their
                     productive assets (income generating), or 200 people or more will experience
                     minor impacts. A Short RAP will be prepared.

9.          As such, this report fulfils the requirements of a short resettlement plan.

B.          Scope of Land Acquisition and Resettlement

10.     Brief socio-economic profiles of the proposed project areas as they apply to
resettlement and land acquisition are presented in the following subsections.

            1.       Imam Sahib to Shekhanbandar Transmission Line

11.      The 20 km 110 kV transmission line from Shekhanbandar to Imam Sahib involves
construction of a new substation in western Imam Sahib town and a new transmission line from
the switching station south of Shekhanbandar running east through 15 km of desert and
thereafter through sparsely populated agricultural land for about 5 km. This new line connects
with the existing north-south 110 kV transmission line from Tajikistan through Shekhanbandar
running down to Kunduz. The site for the substation has been selected. It is government owned
land currently leased to a farmer and being cropped in wheat. The farmer also owns the land
adjacent to the site that he uses for farming. The crop was harvested in August 2004 and the
land will be fallow until next planting season, during which time the lease will be terminated. It is
a triangular site on the corner of the main Shekhanbandar to Imam Sahib town road and the
road to a quarry. There are no adjoining houses or land uses which would be adversely
affected. Provision has been made in the budget for some removal or cutting back of productive
trees in the 5 km stretch from the substation running west.




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October 2004
                                              Page 1
            •        Estimate of affected households: Less than 20. No known female headed
                     households or ethnic minorities affected.
            •        Likely impact on income or sustenance by removal/trimming trees: minimal.

            2.       Khan Abad and Taluqan City Distribution

12.    The component complements construction by Tajikistan (not part of this project) of a
new 75 km 110 kV transmission line from Kunduz to Taluqan, by providing city distribution from
a new substation in Taluqan (and in the case of Khan Abad from a 20kV feeder from Kunduz).

13.       The Taluqan substation is to be sited at the entrance to the city just over the main
bridge and to the south of the road. The identified site is flat bare land currently owned by the
Ministry of Food and Industry. There was no evidence of any informal/temporary land use as the
weeds were well established. The site is adjacent to an access road (unsealed) beside an
irrigation canal, then rice paddies and the river to the west side, bare land adjacent to the main
road on the north side (this site is currently being used as a second hand car sales yard and
includes one dwelling), further agricultural land with trees to the east and to the south the site
borders a factory. The site is large (approximately 100 x 250 m) and the footprint of the
proposed substation sufficiently small in comparison, that neighbouring land-users will not
experience any negative impacts by way of noise and vibration, etc.

14.     No issues will arise as a result of the city distribution network since existing poles and
wiring will be used where they exist and the relatively unobtrusive bundle type conductors will
be specified. The same can be said for Khan Abad.

            •        Estimate of affected households: None
            •        Likely impact on income or sustenance by substation and city distribution: none.

            3.       Transmission Line from Kabul to Gardez

15.      Starting from Kabul, the 220 kV transmission line will go south from Kabul via Logar
(Puli-Alam) to Gardez (94 km). No existing transmission routes exist in this area, so new routes
will be designed to avoid settlements and agricultural land, which is mainly in the valleys
adjacent to the road, by siting towers relatively high on hillsides, above the tree line. The area
around Gardez is prominent for forestry (fuel lumber) and other areas for production of wheat,
corn and livestock. No major land acquisition or resettlement is envisaged in this area but some
contingency has been set aside.

            •        Estimate of affected households: None
            •        Likely impact on income or sustenance by transmission poles: minimal.

            4.       Transmission Line from Naghlu to Jalalabad, with Link to Mehtarlam

16.      The proposed 75 km 110 kV transmission line from Naghlu beside the settlement of
Surobi, running east to Jalalabad, with 32 km link to Mehtarlam, presents no land acquisition or
resettlement issues since existing local distribution structures will be utilised or upgraded.
Where this is not possible, structures will be located on the southern side of the road, which is
currently barren and largely uninhabited due to presence of land mines and no irrigation (in
stark contrast to the northern side of the road, which is extensively cultivated in opium poppy


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October 2004
                                              Page 2
and rice). The link north to Mehtarlam will follow the roadside reserve in order to minimise the
need for land acquisition. A small contingency has been set aside for this route.

            •        Estimate of affected households: Less than 20. No known female headed
                     households or ethnic minorities affected.
            •        Likely impact on income or sustenance by transmission poles: minimal.

            5.       Sarepul Substation

17.      Located about 5 km north of the Sarepul town centre, the Sarepul 110/20 kV substation
has already been established on a 5,000 m2 property owned by the provincial government. The
land is presently clear and construction of the buildings associated with the substation is already
underway.

            •      No IR impacts expected.

            6.       Charikar City Distribution

18.      The site for the proposed Charikar substation, approximately 10km north of Charikar
towards Jabulsaraj, is on a remote hillside with no apparent current landuse. The 350m x 350 m
site is currently owned by MWP (certificate sighted). There are no neighbouring activities or
dwellings and therefore no likely impacts. The site is clear of UXO although some abandoned
military vehicles remain.

            •            No IR impacts expected

            5.       Project Affected Persons

19.     Exact figures of project affected persons in the six subprojects will require further
confirmation during implementation in response to:

            •        Final detailed design of the transmission routes
            •        Clarification of land ownership issues - currently a challenging situation in
                     Afghanistan but the subject of forthcoming technical assistance projects.

20.       Hundreds of thousands of Afghans fled the country over the last two decades and many
are now returning from overseas or from elsewhere within the country. This is validated in the
social survey. It is worth noting that many such returnees and internally displaced persons
(IDPs) could be holders of qabala (title) to the properties they left behind during the years of
conflict. Currently government ministries and agencies are undergoing an intensive programme
of public administration reform. Essential records and information that were destroyed during
the period of conflict such as parcellary maps of land properties are likewise being retrieved or
developed under the transitional government.

21.     Since the land acquisition required under this project is largely temporary during
construction; resettlement is very limited and compensation largely confined to removal of trees
and small losses to productive land, the difficult situation with regard to land titling and
population mobility will have insignificant impact. However, following detailed design and before
award of civil works contracts, the short resettlement plan will be:


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                                             Page 3
            •        Revised based on the detailed measurement survey, including full census of
                     affected persons, final asset inventory and valuation, and final budget;
            •        Submitted to ADB for approval.

C.          Legal Framework and Compensation Policy

22.      Ratified in early 2004, the new Constitution of Afghanistan has three articles1 that are
closely related to compensation and resettlement. No law has yet been promulgated from these
constitutional provisions however a pre-Taliban law remains in effect today. The Compensation
Policy Framework and Entitlements for PTDP were formulated with reference to the salient
sections of Law on Land Acquisition and the ADB’s Policy on Involuntary Resettlement2. They
are presented as follows:

            1.       The Relevant Provisions from Law on Land Acquisition in Afghanistan

23.      For the purpose of public interest like the establishment/construction of public
infrastructures and facilitation for acquisition of land with cultural or scientific values, land of
higher agricultural productivity, large gardens, vineyards with economic significance, and land
with forests and dams as well as lands for some exclusive circumstance, the following
provisions on land acquisition are applied:

            Chapter 1, Section 2. The acquisition of land or a portion of the land, for public interest
            is decided by the Council of Ministers by which compensation is based on equal and
            fair value according to the current market rates.

            Chapter 1, Section 4. The acquisition of land or part of it should not prevent the owner
            from the use of the rest of his property or bring about difficulty for his usage. If such
            difficulty arises, the entire property should be acquired.

            Chapter 1, Section 6. The right of the owner or person using the land will be
            terminated… three months prior to start of civil works on the project and after the proper
            reimbursement to the owner or person using the land has been made.

24.      The termination of the right of the landlord or the person using the land would not affect
their rights on collecting their last harvest from the land, except when there is emergency
evacuation.

            Chapter 1, Section 8. Related to land acquisition, the following factors shall be
            considered for compensation: the value of land; the value of houses, buildings and the
            land; and the values of trees, orchards and other assets on land.25.

            Chapter 1, Section 11. The value of land depends on the category and its geographic
            location.

            Chapter 1, Section 13. A person whose residential land is subject to acquisition will
            receive a new plot of land of the same value. He has the option to get residential land or
            a house on government property in exchange, under proper procedures.

1
     These refer to Articles 14, 40 and 51.
2
     ADB’s Handbook on Resettlement: A guide to Good Practice (1998) and OM Section F2/BP October 29, 2003.

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            Chapter 1, Section 15. It can be arranged with the owner if he wishes to exchange his
            property subject to acquisition with government land. The difference on the values of
            land will be calculated.

            Chapter 1, Section 16. The values of orchards, vines and trees on land under
            acquisition shall be determined by the competent officials of the municipality.

            2.       ADB’s Policy on Involuntary Resettlement

26.     The objectives and principles of ADB’s Policy on Involuntary Resettlement are the
following:

            a.       Involuntary resettlement should be avoided where feasible.
            b.       If displacement of population is unavoidable, this should be minimised by
                     exploring all viable options.
            c.       People unavoidably displaced should be compensated and assisted, so that their
                     economic and social future would be generally as favourable as it would have
                     been in the absence of the Project.
            d.       People affected should be fully informed and consulted in resettlement and
                     compensation options.
            e.       Existing social and cultural institutions of resettlers and their hosts supported and
                     used to the greater extent possible, and resettlers should be integrated
                     economically and socially with host communities.
            f.       The absence of formal legal title to the land by some affected groups should not
                     be a bar to compensation; particular attention should be paid to households
                     headed by women and other vulnerable groups, such as indigenous peoples and
                     ethnic minorities, and appropriate assistance provided to help them improve their
                     status.
            g.       Involuntary resettlement should be conceived and executed as part of the
                     project.
            h.       The full cost of resettlement and compensation should be included in the
                     presentation of project costs and benefits.
            i.       Cost of resettlement and compensation may be considered for inclusion in the
                     Bank loan financing for the project.

            3.       Project Principles and Policies

27.         A comparison of the above laws and policies are summarised in Table 1.




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     Table 1: Comparison of Law on Land Acquisition in Afghanistan and ADB’s Policy
    Relevant Provisions from the          Applicable ADB’s Policy                   Remarks
     Law on Land Acquisition in              on Resettlement
            Afghanistan
                                          People affected should be    Neither the 2003 Afghanistan
                                          fully informed and           Constitution nor the Law on Land
                                          consulted in resettlement    Acquisition has provisions for
                                          and compensation             public consultations. Public
                                          options.                     consultation is an important aspect
                                                                       in implementing resettlement.

 The acquisition of land or portion of    People unavoidably           ADB Policy and that of the Law on
 the land, for public interest is         displaced should be          Land Acquisition agree on fair
 decided by the Council of Ministers      compensated and              market value according to the
 by which compensation is based on        assisted, so that their      current market rates. However, the
 equal and fair value according to        economic and social          Law on Land Acquisition suggests
 the current market rates. (Chapter       future would be generally    that compensation is only for those
 1, Section 2 of the Law on Land          as favourable as it would    who have titles of ownership. It
 Acquisition)                             have been in the absence     does not cover the indigenous
                                          of the Project.              groups, ethnic minorities and
                                                                       pastoralists who may have usufruct
                                                                       or customary rights to the land.
 The acquisition of land or part of it    If displacement of            The ADB policy and the local law
 should not prevent the owner from        population is unavoidable,   are compatible on their policies.
 the use of the rest of his property or   this should be minimised     The Bank agrees on full acquisition
 bring about difficulty for his usage.    by exploring all viable      of land if it is no longer
 If such difficulty arises, the entire    options.                     economically feasible and socially
 property should be acquired.                                          viable according to its usage, so
 (Chapter 1, Section 4 of the Law on                                   long as the compensation is
 Land Acquisition).                                                    adequate and according to market
                                                                       rates.
 The right of the owner or person         People affected should be    The provision of the local law is
 using the land will be terminated…       fully informed and           silent on cost of social preparation
 three months prior to start of civil     consulted in resettlement    and livelihood programmes. Its
 works on the project and after the       and compensation             compensation package does not
 proper reimbursement to the owner        options.                     address the unregistered users of
 or person using the land has been        The full cost of             land but which may be also
 made.                                    resettlement and             displaced by land acquisition.
 The termination of the right of the      compensation should be       The second statement in the
 landlord or the person using the         included in the              provision of the Law on Land
 land would not affect their rights on    presentation of project      Acquisition should be adopted in
 collecting their last harvest from the   cost and benefits.           project policy.
 land, except when there is
 emergency evacuation
 (Chapter 1, Section 6 of the Law on
 Land Acquisition).
 Related to land acquisition, the         People unavoidably           This provision of the Law on Land
 following factors shall be               displaced should be          Acquisition in Afghanistan is very
 considered for compensation: the         compensated and              much consistent with the
 value of land; the value of houses,      assisted, so that their      explanations behind this ADB
 buildings and the land; and the          economic and social          policy.
 values of trees orchards and other       future would be generally
 assets on land. (Chapter 1, Section      as favourable as it would
 8 of the Law on Land Acquisition).       have been in the absence
                                          of the Project.

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    Relevant Provisions from the          Applicable ADB’s Policy                Remarks
     Law on Land Acquisition in              on Resettlement
              Afghanistan
 The value of land depends on its                                   While its policy is generic, the Bank
 category and geographic location.                                  recognises these considerations in
 (Chapter 1, Section 11 of the Law                                  valuating the prices of land in
 on Land Acquisition).                                              Afghanistan.
 A person whose residential land is                                 This provision is very much
 subject to acquisition will receive a                              consistent with the compensation
 new plot of land of the same value.                                mechanism recognised by ADB.
 He has the option to get a
 residential land or house on
 government property in exchange,
 under proper procedures. (Chapter
 1, Section 13 of the Law on Land
 Acquisition)
 It can be arranged with the owner if                               This provision is also recognised in
 he wishes to exchange his property                                 ADB’s policy and is practiced by
 subject to acquisition with                                        projects in other countries
 government land. The difference on
 the values of land will be
 calculated. (Chapter 1, Section 15
 of the Law on Land Acquisition).
 The values of orchards, vines and                                  The same is recognised by ADB so
 trees on land subject to acquisition                               long as the computation for
 shall be determined by the                                         compensation is based on current
 competent officials of the                                         market rates.
 municipality. (Chapter 1, Section 16
 of the Law on Land Acquisition).

28.     Given the assessment, some provisions in the Law on Land Acquisition have been
waived to make it consistent with resettlement principles of ADB’s Policy on Involuntary
Resettlement. For the reference of MWP in the design and implementation of Resettlement
Plans, the following project principles and policies for the project shall apply:

            a.       Affected populations in the sub-project areas will be systematically informed and
                     consulted about the Project, the rights and options available to them and
                     proposed mitigating measures and to the extent possible be involved in the
                     decisions that are made concerning their resettlement.
            b.       The consultative process will include not only those directly affected but also
                     representatives of the local governments of the areas in which the power
                     transmission and distribution lines shall be located, such as, leaders of host
                     communities, non-government organizations (NGOs), women’s association and
                     members of local ethnic minority communities. The Resettlement Action Plans
                     (RAPs) for sub-projects will consider the needs of those most vulnerable to the
                     adverse impacts of resettlement (including the poorest, ethnic minorities, women,
                     children and the elderly) and ensure they are considered in the formulation of
                     RAP and in the options and mitigation measures identified.
            c.       Land acquisition and involuntary resettlement of people will be avoided where
                     feasible or minimised by identifying possible alternative routes for power
                     transmission and distribution lines, provided with appropriate social, economic
                     and operational as well as engineering solutions that have the least adverse
                     impacts on populations along the RoW corridors of sub-projects.

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            d.       Where population displacement is unavoidable, individuals, households and
                     communities losing assets, livelihood and other resources will be fully
                     compensated and assisted so that they can improve or at least restore their
                     former economic and social conditions.
            e.       Compensation and rehabilitation or reconstruction support will be provided to any
                     Affected Person (AP) that is, any person or household who on account of the
                     execution of the project has or would have his, her or their:
                     •       Standard of living adversely affected;
                     •       Right, title or interest in any house, or interest in or right to use any land
                             (i.e. residential, agricultural and grazing land, commercial properties,
                             tenancy, or right in annual or perennial crops and trees or any other fixed
                             or movable assets) acquired or possessed, temporarily or permanently;
                     •       Income earning opportunities, business occupation, work or place of
                             residence or habitat adversely affected temporarily or permanently, or
                     •       Social and cultural activities and relationships and other losses that may
                             be identified during the process of resettlement planning.
            f.       As part of the resettlement planning process, the last day of detailed
                     measurement survey (DMS) that shall be carried out in each village where lands
                     shall be acquired for the Right of Ways (RoWs) of power transmission and
                     distribution lines will be the cut-off date for eligibility for receiving compensation.
                     However, the executing agency (EA) will take into account the rights of
                     occupants who were forced to migrate due to political conflicts that are likely to
                     return in their places.
            g.       Affected populations within the sub-projects will be consulted and involved by the
                     EA in the process of developing and implementing the RAP.
            h.       The RAPs will be designed in accordance with the cultural practices of the
                     Afghans affected by property acquisitions but which should be consistent with
                     ADB’s Policy on Involuntary Resettlement, Operations Manual and Handbook on
                     Resettlement, A Guide to Good Practice.
            i.       All APs included in the list of families to be compensated and rehabilitated or
                     able to prove their residency in the affected land before the cut-off date in DMS
                     are equally eligible for compensation at current market rates of replacement cost,
                     and entitled to benefits from rehabilitation measures and social development
                     support.
            j.       Compensation rates for houses and other structures, and non-physical assets
                     will be calculated at prevailing market rates for replacements without provision for
                     deduction of depreciation.
            k.       Compensation will include not only immediate losses, but also temporary loss of
                     business and livelihood, training for alternative livelihood and support to cover
                     income losses during training and social rehabilitation programs including
                     employment on project civil works.
            l.       Where practical and appropriate, the use of indigenous materials for
                     reestablishment of affected houses or structures shall be promoted but not at the
                     expense of the environment and areas designated for protection and
                     conservation.
            m.       Since Afghanistan has adequate reserves of lands, compensation of affected
                     populations dependent on agricultural activities will be land-based wherever
                     possible, with cash compensation avoided as an option as this may not address
                     losses that are not easily quantified, such as access to services and traditional



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                     rights, and may eventually lead to those populations being worse off than without
                     the Project.
            n.       Affected populations that stand to lose only part of their physical assets will not
                     be left with a proportion that will be inadequate to sustain their current standard
                     and convenience of living; such a minimum size being identified and agreed upon
                     during the resettlement planning process.
            o.       The EA will commit adequate budgetary support and make it available to cover
                     the compensation and resettlement with the agreed implementation period. Clear
                     budget commitments are required for critical activities such as final detailed
                     physical surveys and administrative functions associated with compensation and
                     resettlement. The EA could have the options to finance resettlement activities
                     with funds coming from different international donor institutions, or from its own
                     coffers.
            p.       Replacement lands shall be within the immediate vicinity of the affected lands
                     and of comparable productive standards and potential, failing which sites should
                     be identified that minimise the social disruption of those affected; such lands
                     should have access to services and facilities similar to those available in the
                     lands affected.
            q.       Displaced households shall be assisted with the move and supported during the
                     transition period at the resettlement site.
            r.       Organization and administrative arrangements essential for the effective
                     implementation of the resettlement plan will be identified and in place before the
                     commencement of the process; this will include the provision of adequate human
                     resources for supervision, liaison and monitoring of land acquisition and
                     rehabilitation activities.
            s.       Payment of compensation or replacement of affected assets and any
                     resettlement to new locations must be completed before the award of civil works
                     contract on sub-projects. Rehabilitation measures for APs must also be in place,
                     but not necessarily be complete as these may include on-going activities.
            t.       Compensation of ethnic minorities, female-headed households, families with
                     disabled, and other vulnerable families will be carried out with respect to their
                     cultural values and specific needs.
            u.       Grievances arising from the issues on payment of compensation and entitlement
                     should be resolved prior to resettlement implementation abiding by the
                     recommendation of the Committee on Compensation3 (CoC).
            v.       Development plan for indigenous people or ethnic minorities shall be prepared if
                     part of their domain, settlement clusters, productive assets (income generating)
                     and cultural assets shall be adversely affected by the subproject.
            w.       Appropriate reporting (including auditing and redress functions), monitoring and
                     evaluation mechanisms, will be identified and set in place as part of the
                     resettlement management system. The MWP will hire independent monitoring
                     agencies (IMAs) to evaluate the propriety and adequacy of resettlement
                     processes. Such agencies that could be qualified as IMAs are NGOs, research
                     institutions or a group of educators. Monitoring reports shall be forwarded directly
                     to ADB.
            x.       The award of construction works contracts will be given “no objection” after the
                     evaluation of resettlement plan implementation by IMAs have been cleared by
                     ADB noting that the required lands for the Project have been fully acquired and


3
    Refer to last paragraph of Section E.1 for the composition of CoC.

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                     populations appropriately compensated and relocated in compliance with the
                     preceding project policies.

            4.       Eligibility and Entitlements

                     a.         Eligibility

29.       Under this framework, the APs are defined as those who are eligible for compensation
and that they are able to demonstrate their eligibility by means of: (a) land title and/or
certification for on-going application for a land title with appropriate government agency; (b) tax
payment receipt; (c) residency or community certificate; (d) business permits and licenses; and
(e) cadastral record; or (f) simply being listed in the DMS inventory on or before the cut-off date
in each village. The APs are those who owned (either legally or customarily) the houses, lands,
crops and trees and other assets.

                       b.       Project Impacts and Entitlements

30.    The entitlements for each type of APs are based on the types and levels of losses that
would affect the lands and properties as observed during the field assessments in the project
component areas.


                                  i.     Agricultural Land and/or Grazing Land

                                  1.     Temporary Loss of Agricultural Land

                                  a.     Entitlements of Legal Owners (Holders of land titles or have
                                         certifications for on-going application for land titles)
                                  (i)    They shall be paid rent during temporary use of their land. They
                                         will not be compensated for land if returned to its original use.
                                  (ii)   Their land shall be restored to its previous condition, or better
                                         than, by providing measures to improve its quality in cases the
                                         land is adversely affected or acidified.

                                  b.     Entitlements of Unregistered or Customary Users (Not holding
                                         land titles or certifications for on-going application for land titles)
                                  (i)    The same as for Legal Owners.

                                  2.     Permanent Loss of Agricultural Land

                                  a.     For Legal Owners
                                  (i)    For fully affected agricultural land that is no longer economically
                                         feasible for its present use, land-to-land compensation with the EA
                                         to shoulder the cost related to land titling. (For budget, the market
                                         price of land to be acquired has been calculated at the rate of $4
                                         per square metre but shall be adjusted at the time of detailed
                                         measurement to reflect actual regional land prices).
                                  (ii)   For partially affected agricultural land which remains economically
                                         feasible for its use, land-to-land compensation if property is

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                                                    Page 10
                                         adjacent to government land with similar land use and nobody is
                                         using it customarily; or, cash compensation for the portion of land
                                         to be acquired. (For budget, the market price of land to be
                                         acquired has been calculated at the rate of $4 per square metre
                                         but shall be adjusted at the time of detailed measurement to
                                         reflect actual regional land prices).

                                  b.     For Unregistered or Customary Users
                                  (i)    The same as for Legal Owners

                                  ii.    Residential and/or Commercial Land

                                  1.     Permanently affected Residential and/or Commercial Land with
                                         Structures Built Thereon

                                  a.     Legal Owners
                                  (i)    For fully affected residential and/or commercial land that is no
                                         longer economically feasible for its present use, land-to-land
                                         compensation with EA to shoulder the cost related to land titling.
                                         The owner could have the option to be relocated in government
                                         land. (For budget, the market price of land to be acquired has
                                         been calculated at the rate of $4 per square metre but shall be
                                         adjusted at the time of detailed measurement to reflect actual
                                         regional land prices).
                                  (ii)   For partially affected residential and/or commercial land which
                                         remains economically feasible for its present use, land-to-land
                                         compensation; or, cash compensation for the portion of land to be
                                         acquired. The owner has the option to acquire a government land
                                         in exchange for the portion of the property acquired for the project.
                                         (For budget, the market price of land to be acquired has been
                                         calculated at the rate of $4 per square metre but shall be adjusted
                                         at the time of detailed measurement to reflect actual regional land
                                         prices)

                                  b.     Unregistered and/or Customary Users
                                  (i)    The same as for Legal Owners.

                                  iii.   Houses and Structures

                                  The compensation policy on houses and structures is provided as
                                  contingency in case there will be houses that shall be affected by the
                                  PTDP subproject.

                                  1.     Partially Affected Permanent and Semi-Permanent Structures
                                         The structures considered in this category are those which are still
                                         feasible for human settlements and present use thereon.

                                  a.     House owners (regardless if land is owned or not)


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                                  (i)    Provision for replacement materials with values equivalent to
                                         current market price of materials to be replaced without deduction
                                         for depreciation; or cash, or a combination of both according to the
                                         actual loss.
                                  (ii)   Entitlement to reconstruction allowance for cost of labour (Refer to
                                         Item 3 below).

                                  2.     Fully Affected Houses or Structures
                                         The houses and/or structures under this category are: (a) partially
                                         affected but which are no longer suited for human settlements;
                                         and (b) those that shall be totally affected by land acquisition for
                                         RoW.

                                  a.     House owners (regardless if land is owned or not)
                                  (i)    Provision for equivalent replacement materials with values are
                                         based on current unit market prices without deduction for
                                         depreciation, or cash, or a combination of both according to the
                                         actual loss.
                                  (ii)   Entitlement to reconstruction allowance (refer to Item 3 below).

                                  b.     Affected Crops and Trees

                                  3.     Owners (regardless if land is owned or not)

                                  a.     Cash compensation for loss of crops at current market prices.

                                  b.     Cash compensation for loss of fruit trees and wood trees with
                                         ages that range at 3 years and above. No compensation for trees
                                         below three (3) years old as these can still be transplanted. (For
                                         budget purposes, the market price of trees to be compensated for
                                         has been calculated at the rate of $5 per tree but shall be adjusted
                                         at the time of detailed measurement to reflect actual regional
                                         prices, type and size of tree, and agreed with affected persons.)

                                  c.     Reconstruction Allowance
                                  (i)    For house owners opting to pay the workers on a daily basis, the
                                         rate shall be at Afs 200 (USD 4.00) for unskilled, and Afs 423
                                         (USD 9.00) for the skilled ones.
                                  (ii)   For house owners who want to build the house on contractual
                                         arrangement, the rate would be at Afs 470 (USD 10) per m2 for
                                         house made of concrete, and Afs 450 (USD 9) per m2 for house
                                         made of earth and other indigenous materials.
                                         However, if the above rates differ from the prevailing rates paid in
                                         the subproject location, the latter will apply.

                                  d.     Temporary Loss of Business




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                                   (i)       A lump sum one-time grant of Afs 3,000 (USD 60)4 for loss of
                                             business and income restoration.

                                   e.        Fund for Social Development (FSD)
                                   (i)       Eligible head of household or person from socially disadvantaged
                                             groups such as women, ethnic minorities and the very poor will
                                             receive Afs 3,000 as grant for small business. In addition, their
                                             family will be assisted on the following:
                                   a.        Project-related Employment. The APs or any eligible adult
                                             member of their households will be given employment upon
                                             mobilisation of sub-project civil works in their respective villages.
                                   b.        Training for Livelihood or Alternative Income Sources. The eligible
                                             APs or any member of their households shall be given training for
                                             livelihood or alternative income sources. The women, widows
                                             heading the family and very poor regardless of ethnic groups shall
                                             be given preference.




4
    A figure determined through consultations in the field as sufficient for small business set up costs – usually small retail.

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            5.       Project Entitlement Matrix

31.     The entitlement matrix in Table 2 summarises the provisions for compensation and
entitlements as described in the likely impacts in any of the sub-project of PTDP.

                                             Table 2: Entitlement Matrix
       Type of Loss             Eligibility of APs           Compensation Policy           Implementation Issues
                                                          - MWP pay rent to AP for
                                                          the duration of temporary
                              Legal owners holding
                                                          use
                              title of the land
                                                          - Restoration of land to
                              and/or other                                                - Consultation with APs
                                                          original condition
      Temporary               certification                                               - Cash compensation
                                                          - No compensation if land is
      loss of                 Owners with on-                                             payments.
                                                          returned to its original use.
      agricultural            going application for
                                                          - Compensation of standing
      land.                   a title.
                                                          crops and trees at current
                                                          market rates.
                                                                                          - Consultation with APs
                              Unregistered and            Same as for legal owners
                                                                                          - Cash compensation
                              customary users.
                                                                                          payments.
                              Legal owners of fully       - Land-to-land
                              affected lands              compensation for both
                              holding titles or           users. The EA has to
                              certification for on-       shoulder the cost of titling    - Consultation with APs
                              going application for       to legal owners                 - Assessment of current
                              a title.                    - Cash compensation of          market values
 1
                                                          standing crops and/or           - Payment of cash
                                                          trees.                          compensation
                              Customary or
                                                          - Cash compensation for         - List of unregistered users.
                              unregistered users of
                                                          necessary transition costs
                              fully affected lands.
                                                          (i.e. per diem during move,
      Permanent
                                                          etc.).
      loss of
                                                           Land-to-land
      agricultural
                                                          compensation if property is
      land.                   Legal owners of
                                                          adjacent to government          - Consultation with APs
                              partially affected
                                                          land. EA has to reconstitute    - Assessment of current
                              lands holding titles or
                                                          title                           market values
                              certification for on-
                                                          - or, cash compensation for     - Payment of cash
                              going application for
                                                          portion to be acquired.         compensation.
                              a title.
                                                          - Cash compensation for
                                                          necessary transition costs.
                              Customary or
                                                                                          - Consultation with APs
                              unregistered users of
                                                          Same as for legal owners        - List of unregistered users.
                              partially affected
                              lands.
                                                          - Land-to-land
                              Legal owners of fully
      Permanently                                         compensation
                              affected land holding
      affected                                            - Has option to be relocated
                              title of the and/or
      residential                                         in government land              - Consultation with APs on
 2                            other certification
      and/or                                              - The EA will shoulder the      the acceptability of land.
                              Owners with on-
      commercial                                          cost of land titling.
                              going application for
      land.                                               - Cash compensation for
                              a title.
                                                          necessary transition costs.

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       Type of Loss             Eligibility of APs           Compensation Policy           Implementation Issues
                              Customary and
                              unregistered users of       Same as for legal owners
                              fully affected lands.
                              Legal owners of
                                                          - Land-to-land
                              partially affected land
                                                          compensation
                              holding title of the
                                                          - or, cash compensation for     - Consultation with APs
                              and/or other
                                                          the portion of land to be       - Cash compensation
                              certification
                                                          acquired.                       payments
                              Owners with on-
                                                          Cash compensation for
                              going application for
                                                          necessary transition costs.
                              a title.
                              Customary and
                              unregistered users of                                       - Consultation with APs
                                                          Same as for legal owners
                              partially affected                                          - List of unregistered users.
                              lands.
                                                          - Provision for replacement
                                                          materials with values
                                                          equivalent to current
                              Owners of partially         market prices, or cash
                                                                                          - Updated list of APs
                              affected houses or          payment without deduction
                                                                                          - Consultation with APs
                              structures regardless       for depreciation. Or can be
                                                                                           - Payment of cash
                              of owner-ship on            a combination of both with
                                                                                          compensation.
                              land                        due consideration to actual
      Loss of                                             loss.
 3    houses and                                          - Cash compensation for
      Structures                                          necessary transition costs.
                                                          - Provision for equivalent
                                                          replacement materials with
                                                          values equivalent to current    - Updated list of APs
                              Owners of fully             market prices without           - Consultation with APs
                              affected structures.        deduction for depreciation.     - Payment of cash
                                                          Or combination of both with     compensation.
                                                          due consideration to actual
                                                          loss.
                                                          - Cash compensation at
                                                                                          - Payment of cash
      Loss of crops           Owners regardless if        current market rates. Trees
 4                                                                                        compensation.
      and trees.              land is owned or not.       below three years old will
                                                                                          - Updated list of DMS.
                                                          not be compensated.
                                                          - Owners opting to build
                                                          house on daily basis will be
                                                          provided with cash based
                                                          on workers daily rate
                                                          - Owners opting contract
                                                          the building of house will be
      Reconstruction          Owners of affected                                          Payment of cash
 5                                                        provided with cash
      Allowance               houses or structures                                        compensation
                                                          equivalent to cost of
                                                          materials per m2
                                                          (Refer to Item E of Project
                                                          Impacts and Entitlements)
                                                          - Cash compensation for
                                                          necessary transition costs.
                                                          - A lump sum one-time grant
                              Owners regardless if
      Loss of                                             of Afs. 6,000 for loss of
 6                            land and house are                                          Cash compensation
      business                                            business and income
                              owned or not.
                                                          restoration

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                                                        Page 15
       Type of Loss    Eligibility of APs      Compensation Policy              Implementation Issues
                     Eligible head of
                                            - A grant of Afs. 3,000 for
                     household or
                                            small business
                     persons from socially
    Fund for                                - Employment of household - Identification of eligible
                     dis-advantaged
 7 Social                                   member in the Project civil       candidates by the Ministry
                     groups such as
    Rehabilitation                          works                             of Women.
                     women, minorities
                                            - Training on livelihood and
                     and the very poor
                                            other income sources
                     APs.
Note: Implementation issues are the concerns that are likely to occur during the implementation of RAP in
each sub-project.

32.     Best practices for project implementation follow regarding organizational framework for
resettlement and land acquisition, implementation and operational framework, grievance
redressal, and social rehabilitation measures.

D.          Organizational Framework

            1.       The Environmental and Social Impact Assessment Office

33.      Created under the transition government, the present organizational structure of MWP
is an interim one and it has no office for environmental and social impact assessments. An on-
going World Bank-assisted study is being undertaken on the restructuring of government
bureaucracy with the recommendations have yet to be finished before or after the country’s
national elections in early 2005. Whatever the recommendations drawn from this study, MWP is
expected to create an Environmental and Social Impact Assessment Office (ESIAO) for better
management of land acquisition, resettlement and environmental issues on power projects. A
Director will head the ESIAO, with one Deputy Director and four staff, which shall initially
compose of one civil engineer, one with social scientist, an environmental science graduate and
a statistician. They will assist the Director in environmental impact assessment, social survey
and resettlement planning, budget and implementation arrangement. Prior to the
implementation of PTDP, the MWP is expected to benefit from ADB technical assistance (TA) to
strengthen the social and environmental management capacity of ESIAO. The training will deal
with issues concerning (a) consultation and participation; (b) principles and procedure of land
acquisition; (c) assessment of property values; (d) payment of compensation; (e) grievance
redressal; (f) resettlement infrastructure development; (g) resettlement and organizational
framework; and (h) monitoring and evaluation. It will be also responsible for hiring an
Independent Monitoring Agency.

            2.       The Role of ESIAO/ Project Manager

34.      The ESIAO Director will be responsible for overall co-ordination with various relevant
ministries/agencies, international donor organizations, and resettlement committees at various
levels, and supervision and monitoring of RAP implementation. The Director will serve as the
Project Manager (PM) in charge of resettlement and land acquisition. The Deputy Director or
staff from ESIAO will be designated as the PTDP full-time Chief Resettlement Officer (CRO) to
assist the PM in the daily activities related to RAP implementation. The CRO will be responsible
for organising the affected provinces, cities or districts and villages to carry out the activities
outline in the RAP. Through the CRO in co-ordination with the provincial and the district
governments as well as the district resettlement committees (DRCs) and village resettlement
committees (VRCs), the PM will monitor the progress of land acquisition and resettlement

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                                           Page 16
management in various locations of PTDP subprojects. The Project Supervision Consultant
(PSC) Resettlement Specialist will provide support to the ESIAO in the implementation of the
RAPs.

            3.       Project Supervision Consultant

35.      A Project Supervision Consultant (PSC) that will assist the MWP, will be designated to
manage the Power Transmission and Distribution Project (PTDP) following the ADB’s approval
of the loan. As part of project preparation, the PSC will provide technical support to MWP in
RAP implementation. It will assign a Resettlement Specialist who will provide the direction to
ESIAO in implementing the RAP including the internal monitoring. The Resettlement Specialist
will design the appropriate information system in collecting information from the affected villages
for internal monitoring.

            4.       Provincial and Municipal or District Governments

36.      The provincial and the municipal or district governments will be involved in RAP
implementation. MWP will arrange with the provincial governments for them to act as the centre
of co-ordination between MWP and the municipal or districts during RAP implementation. It is
envisaged that co-ordination with local government shall be routed through their respective
regional planning offices, which will in turn co-ordinate with district and the village resettlement
committees. In order to simplify the co-ordination and save on operational cost, the Planning
Office of the provincial government will be designated to co-ordinate with the planning offices at
the district or municipal level which will then co-ordinate and communicate with the resettlement
committees of the district and the villages. The Provincial Planning Office will collect and
compile the information from the municipal or district offices.

            5.       District and the Village Resettlement Committees

37.      The resettlement committees are pivotal in RAP implementation. At the district or
municipal level, MWP or the new ministry will recommend to the provincial governments that the
deputy governors should be in-charge of the district resettlement committees with members
including representatives of national offices in the locality, such as: (a) Ministry of Women’s
Affairs; (b) Ministry of Rural Rehabilitation and Development; (c) Ministry of Public Health;
Commission on Human Rights; (d) Ministry of Social Affairs; and (e) the local police. They will
assist the village resettlement committees during relocation, if required. They will be also
involved in the resolution of complaints and grievances.

38.      As it is in the interest of PTDP to make the relocation of APs successful, MWP will
recommend to the local governments that members of the VRCs should be the officials of the
village governments and two representatives from APs. The VRCs will be also tasked in the
resolution of complaints and grievances




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                                           Page 17
E.          Implementation and Operational Framework

            1.       Pre-Resettlement Implementation Activities

                     a.         Parcellary Survey of Properties and Public Information Campaign

39.      Many essential government records have either been destroyed or lost as land
demarcations were misplaced during the years of conflict in Afghanistan. MWP will arrange with
provincial governments concerned to advise their respective districts/municipalities to prepare
parcellary maps of properties covered by PTDP RoWs, whenever available, and commission an
independent firm or practitioners in property appraisal to determine the market values of lands
or properties which must be acquired under the project. Land acquisition under this project
however is sufficiently limited that the cost of such a survey would far outstrip the purpose and
therefore it has not been budgeted for. MWP will however co-ordinate with the provincial
agriculture offices for information on the prevailing cost of wood and fruit trees as well as plants
and crops.

40.      Project disclosures and a project information campaign shall be also initiated in this
phase in which the cooperation of the provincial and the district governments is highly valuable
in order to reach the people in the villages. There will be public consultations and focus group
discussions with community leaders, stakeholders and the APs. The release of compensation
and entitlements, and grievance redressal (see Section F) as well as monitoring and evaluation
(Section I) shall be emphasized during consultations. In every consultation, MWP will see to it
that the people are adequately informed and there will be presentation of visual aids illustrating
the subproject RoWs, rather than written information since a large proportion of the target
population are illiterate. The aim should be to ensure that the rights and entitlements and
compensation procedures are clear and acceptable to APs. The ESIAO will be also responsible
for an information campaign. Its personnel shall be trained on the approaches and procedures
in preparing and implementing the resettlement plan, including the appropriate documentation of
payment for compensation in order to reduce the cases of grievances from the APs.

41.      Following the reestablishment of property boundaries (as required) and the public
information campaigns, detailed measurement surveys will be conducted in project affected
areas, with losses of land, houses and other assets recorded in the DMS questionnaire, which
can be designed by the implementation consultant and carried out by a local NGO. The MWP
will give them orientation on the purpose of the survey.

                     b.         Valuation of Lands and Assets

42.      Based on the report on market values, the NGO responsible for DMS will calculate the
compensations for APs, including the entitlements stipulated in Section C. MWP will ensure that
compensation to APs is adequate based on the principle of replacement cost as stipulated in
this framework, and will validate the findings of the independent firm or professional
practitioners by way of the following:

            a.       On Land Values
                     (i)   It will request verification of recent land use rights in urban and rural
                           areas in the province where the subproject shall be located; and
                     (ii)  Determine the sufficiency of established rates for the value of land it will
                           provide to APs in exchange of the land that will be acquired from them.

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            b.       On Structures
                     (i)    Appraise whether the compensation for houses or structures will enable
                            the APs to rebuild their affected structures by consulting selected persons
                            on the following:
                            •       The source of materials, distance of transport and the cost of
                                    various materials; and
                            •       The types of labour used if the workers were hired by the owner
                                    and paid daily wage, or built by a contractor.
                     (ii)   Obtain cost estimates by consulting at least three suppliers of materials in
                            the area.

            c.       On Plants and Trees
                     (i)   As they are the authority, the provincial offices of the Ministry of
                           Agriculture shall be consulted for the price of plants and trees prevailing
                           in the province.

            d.       On Crops
                     (i)   The prices of crops are subject to seasonal fluctuations. If the price
                           appears on the rising trend, the latest price should apply. On the other
                           hand, if it continues to go down, the average between the lowest and the
                           highest price during the last 12 months shall be applied for compensation.

43.       Assisted by the district governments, the MWP shall then negotiate the compensation
with APs. In cases of disagreements, Section 5 of the Law on Land Acquisition provides that the
district where the land shall be acquired will facilitate the resolution where the following parties
shall be called upon: (i) the owner or representative of the owner of the land; (ii) representative
of the government agency that will acquire the land; (iii) representative of the district or
municipality, (iv) representative of the Ministry of Finance (MoF), and (v) representative of the
Ministry of Justice (MoJ). The MoF, the MoJ and the representative of the district or municipality
shall serve as the CoC (Committee on Compensation) in which the MWP and the AP shall abide
to the recommendation. When both parties agreed on compensation, MWP will prepare a
document that legally binds such agreement. Through the ESIAO, the MWP will prepare the list
of APs and summarize the amount of compensation for budget approval.

44.     The subprojects are envisaged to be constructed one at a time. In order to shorten the
process, the updating of values and prices shall be done only once prior to award of
construction contract of the subproject.

                     c.         Selection of Resettlement Sites

45.      The provision for resettlement sites is a contingency measure in this framework in the
event that involuntary resettlement cannot be avoided. The MWP will see to it that the relocation
sites should be equal with or better than during the pre-project levels where the APs could
restore their livelihood and rehabilitate themselves socially. Foremost considerations in site
selection are the availability of water source and access to transportation, place of work and
livelihood, mosques and other amenities available in their present locations. They will be
consulted as to their preference on locations. Prior to the transfer, MWP will ensure that the
places are free from risks or danger arising from unexploded land mines. In case of off-site
relocation, the MWP will also consult the host villages prior to the transfer of APs.


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                     d.         Compensation Process

46.    Section 5.3, Nº 4 [b] of the Legal and Compensation Policy Framework provides for
cash and non-cash compensations. The procedures are as follows:

            a.       Non-Cash Compensation

            1.       Land-to-land Compensation for Legitimate Owners Regardless of Land Use
                     (i)    For affected land that is no longer economically feasible for its existing
                            use, the MWP will advise the APs to prepare a Deed of Sale to MWP.
                            (The MWP will assist the APs if the latter is not capable to do so). On the
                            other hand, the MWP will prepare its own Deeds of Sale to APs for the
                            replacement land. Both Deeds of Sale shall be submitted to the District
                            Government as among the requirements for the issuance of qabala (title),
                            which shall be co-ordinated by MWP. When the titles for replacement
                            land become available, the owners shall then surrender the title of
                            property to be acquired to MWP. The values of replacement lands shall
                            be reflected on the budget for compensation.
                     (ii)   For partially affected land but which remains economically feasible, the
                            MWP will pay for the affected portions with cash compensation; or, land-
                            to-land compensation if the property is adjacent to government land and
                            nobody is using it customarily. If the latter option is the most viable, MWP
                            will be responsible for the reconstitution of titles of the land, and will follow
                            the steps described in the preceding procedures. Although a non-cash
                            compensation, the values of replacement lands shall be included in the
                            compensation budget.

            2.       Replacement Land for Unregistered or Customary Users Regardless of Land
     Use
                     (i)        For owners of affected lands without titles and which are no longer
                                economically feasible for their existing use, the MWP will arrange with the
                                District or Municipal government having jurisdiction of the lands for the
                                issuance of Deeds of Assignment (DoA) to APs. The DoA will ensure that
                                the APs will not be evicted from the assigned lots. The MWP shall
                                indicate the value of replacement lands in the budget for compensation.
                     (ii)       For partially affected land without a title but which remains economically
                                feasible for its existing use, the AP shall receive cash for lost land.

            3.       Replacement Materials for House or Structures
                     (i)   In consultation with the local officials, MWP will advise the district
                           governments to identify the areas where replacement earth materials
                           could be obtained. With assistance from the appropriate UN agency,
                           MPW will ensure that the sources, including the road access, are free
                           from unexploded land mines.
                     (ii)  In case of replacement bricks, concrete, wood and other construction
                           materials other than earth, the MPW could pay cash compensation to
                           APs, or directly pay the commercial suppliers offering the lowest prices
                           within the areas covered by the district government hosting the sub-
                           project and have the replacement materials delivered to APs.



Power Transmission & Distribution TA
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                                                  Page 20
47.      When all of the above procedures have been completed, the APs will sign a document
signifying their satisfaction on the compliance of MWP on the agreement. The PSC
Resettlement Specialist will guide the MWP in preparing a pro-forma document to be used for
the settlement of obligation in the replacement of affected land and/or materials for house and
structures.

                     b.         Cash Compensation

48.     Following the approval of budgets for cash compensation, the ESIAO will inform the
APs of the schedule of fund release. The ESIAO will also advise the APs to produce acceptable
legal documents pertaining to their identification for claiming the compensation. It is the main
responsibility of MWP to ensure that all the compensations and entitlements have been paid to
and settled with APs prior to clearing the RoWs. The MWP will initiate the following steps in
releasing the cash compensation and entitlements to APs:
        •       Through the district governments, MWP will advise the DRCs and the village
                governors on the schedules of fund release to APs.
        •       The DRCs and the village governors shall then advise the APs to produce the
                necessary legal documents for their identification in claiming the compensation
                and entitlements due to them.
        •       The MWP will arrange with the district or city government for the release of
                payment for compensation and entitlement to APS. In which case, the likely
                office that will be in charge of the release is the district office of the Ministry of
                Finance (MoF);
        •       The district office of the MoF will request the APs to present the documents
                pertaining to their identification to facilitate the release of compensation and
                entitlements due to them;
        •       The district office of the MoF will require the APs to sign a document indicating
                the receipt of their compensation and entitlements.

            e.       Coordination with Relevant International Organizations

49.      Afghanistan is presently dependent on assistance from the United Nations and other
international donor institutions. Given the situation, MWP will see to it that the APs will not be
disenfranchised from their assistance, such as, food for work, food for education, food for asset
creation, etc. It will co-ordinate with international institutions and provide them the list of APs so
that they will continue receiving such assistance. Prior to relocation, MWP will see to it that they
have food, or access to it during the transition process.

            2.       Implementation Phase

50.     The MWP will arrange with the district governments, through the provincial
governments, for the orderly transfer of APs after they received their compensation and
entitlements. Prior to relocation, the ESIAO will advise the APs to make a list of their personal
belongings and check them after they have been relocated. Likewise they shall be advised to
cage their pets or herd their domestic animals in proper places.

51.     The VRC shall organise the neighbourhoods that are not affected for their assistance in
which the male members could be requested to help for the transfer of personal belongings
while the female members shall accommodate the affected families in their houses for
temporary shelters. It will see to it that the disabled and the elderly members of the family, small

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children, pregnant women, sick persons and mothers with newly born children are taken care of.
The MWP will request from the district government that during relocation, there should be also
health personnel, police security and a representative from district women’s affairs. The
Independent Monitoring Agency (IMA) shall be invited to witness the relocation process.

            3.       Post-Resettlement Implementation Phase

52.      Several activities are also envisaged by MWP following the completion of resettlement
of APs. Social rehabilitation will be implemented, approaches for which are described in Section
5.7. Monitoring of resettlement activities and the compliance of the project policies by MWP, as
set out in this framework, are also the main agenda in this phase. This is because the internal
monitoring which is the responsibility of ESIAO, will be the basis of MWP in requesting from
ADB its “no objection” for the award of construction works to private contractors. On the other
hand, the external monitoring and evaluation of project policy compliance by MWP, which is the
responsibility of IMA, will be the basis of ADB in giving its “no objection” to the award of
construction works. The details of Monitoring and Evaluation are discussed in Section 5.9.
ADB will also conduct a mid-term evaluation to ensure that there are no adverse involuntary
resettlement effects.

            4.       Implementation Schedule

53.       The duration of implementing resettlement will vary in each subproject area owing to the
length of their respective power transmission and distribution lines. However, the MWP
assumes that resettlement activities, as laid out in the preceding framework, will not overlap with
the schedules of construction activities in each subproject because the ADB has yet to review
the external monitoring and evaluation report by IMA which shall be submitted after all the APs
have been relocated. The review is expected to last a week or two before the Bank confirms
that it has “no objection” to MWP for the award of contract to the contractor.

F.          Grievance Redressal

            1.       Objective and Procedures

54.     The main objective of MWP in providing for a redressal mechanism is to avoid potential
delays on the award of construction works for PTDP subprojects. The APs should be aware of
the procedures on the resolution of grievances, which the ESIAO will inform to project
stakeholders during project disclosures and public consultations. This framework provides
three-stage procedures for redress of grievances and complaints. These are as follows:

            a.       Complaint by an AP on compensation and unpaid losses may be filed to their
                     respective VRCs. The VRC is obliged to reply and explain the decision within 15
                     days from the date the complaint was received.
            b.       If the AP is not satisfied or no reply from VRC, the grievance applications will be
                     forwarded to their respective DRCs. The DRC must decide within 15 days from
                     the date the APs have filed their complaints.
            c.       Again, if the AP is not satisfied with the decision, or in the absence of any reply
                     from the DRC, they can forward their complaints to the CoC which will issue the
                     final decision within 30 days. The grievance will be reviewed under the Project
                     Policy Framework of PTDP and decisions regarding grievances shall be
                     consistent with the approved Project policies and entitlement of PTDP.

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                                              Page 22
            2.       Facilitating the Filing of Grievances

55.       As the concept on compensation is new to the Government of Afghanistan, the PSC
Resettlement Specialist will design a pro-forma letter that shall be used by APs for filing their
complaints or grievances. The VRC should assist the APs in filling out the form in every stage of
filing the complaint. The letter form shall be prepared in three copies; the original to VRC, the
duplicate to the MWP, and the third copy to the complainant AP. The ESIAO representative will
inform the public of this requirement and the procedures for filing complaints and grievances
during public consultations.

G.          Social Rehabilitation Measures

56.      It is given that the stable supply of power and electricity will have positive
socioeconomic impacts in Afghanistan. However, some specific directions are needed for
poverty reduction under the RAP implementation so that project-affected women, minorities and
the poor can benefit more from the subprojects during their implementation. Under the PTDP,
the following will be implemented as social development packages which are designed to offer
opportunities and resources to APs, especially women, minorities and the poor. The objective of
this measure, exclusive of compensation to their loss assets and resources, is to establish their
self-sustaining economic and productive potentials that will pull them out of poverty in the short
and long-term.

            1.       Direct Employment to the Project

57.     From mobilisation to actual construction, the subprojects will require many unskilled
workers for its various activities, such as, construction of temporary camps, transfer of
equipment and machines, digging the foundation of poles and civil works as well as carrying of
cables and other accessories to work sites. The MWP will stipulate a provision in the contract
with contractors for preferential employment of APs. It will explain to contractors that such is
essential since employment of APs in the Project construction will be an added source of
income in their income restoration process which is one of the principles of resettlement. ESIAO
will have the list of APs in each PTDP subproject area which shall be furnished to contractors.
Such compliance will be monitored by the IMA.

            2.       Fund for Social Development of Women and Minorities

58.      The years of conflict in Afghanistan have greatly limited the roles of women in
development on one hand, and displaced many minorities on the other. This plan recommends
a budget contingency of Afs 78,000 to set up a fund for social development (FSD) to assist up to
200 affected women and minorities in poverty. APs shall be selected from each subproject area.
Rather than provincial governments administering this fund, it may be sensible for the NGO
contracted to monitor the resettlement action plan to use it to provide training to project affected
women and minorities on a suitable livelihood programme or through provision of micro finance.
Each eligible household will receive Afs 3,0005 for small business/alternative income generation,
such as livestock, micro enterprise, carpet weaving, etc. The ESIAO will co-ordinate with the
sub-project administrator to identify for each selected household a set of baseline data (e.g. size
of the family, quality of housing, current income/expenditure, employment, savings mobilisation,

5
     This equates to USD 60, a figure determined through consultations in the field as sufficient for small business set up costs.

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                                                         Page 23
health and education) to be utilised for monitoring of both poverty programme and impact of
resettlement.

H.          Resettlement Cost

            1.       Estimated Expenses

59.     The total budget for executing the resettlement for seven PTDP subprojects is Afs 3.35
million or USD 68,420 (refer to Table 3: Resettlement Cost Estimate). Assumptions for
resettlement costs are given in Appendix 5B

                                       Table 3: Resettlement Cost Estimate

                                                                                             2
                    Amount/Nº                                      Quantity         Size m       Unit Cost USD Total USD
             A.     Land acquisition                                      100         4               4             1,600
             B      Loss of Trees                                       1,000                         5             5,000
             C      House/Structure/W all Relocation                          10      20              20            4,000
             D      Training/W orkshops                                         1                     80              80
             E      Project Disclosures - all project areas                                                          330
             F      Public Consultation - all project areas                                                          850
             G      Land Survey                                  not budgeted                                          0
             H      Detailed Measurement Survey                  not budgeted                                          0
              I     Internal Monitoring by MW P
                    Diesel                                                                                            70
                    Per diems                                                                                        830
              J     Supervision of Grievance Committee                                                               310
             K      External Monitoring                                                                            53,000
             L      Fund for Social Development                                                                     1,600
             M      Loss of Business                                            5                    150             750
                    TOTAL                                                                                          68,420



            2.       Plan for Financing Resettlement

60.      The Government of Afghanistan is responsible for payment of compensation and land
acquisition. As the entire operation of the government is largely dependent on UN agencies and
international donors, several options may be considered for financing the cash portions of
resettlement expenditures. MWP may arrange with the host provincial and district governments
to share expenses. It may also request assistance from international donors to allot portions of
their funds to resettlement activities which are consistent with their missions in Afghanistan.
Resettlement plan implementation in areas where the PTDP subprojects are viable to operate
shall be undertaken by MWP.

I.          Monitoring and Evaluation

            1.       Internal Monitoring

61.    All the activities in resettlement plan implementation are time bound and their
completion precede the awarding of contracts to contractors. It follows that the setting of time on

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                                                       Page 24
the mobilisation for construction of PTDP subprojects will depend on the findings of internal
monitoring. Given the significance of resettlement on PTDP, the ESIAO-CRO will closely
monitor and constantly co-ordinate with the concerned provincial governments for compliance of
all actions and activities in resettlement plans according to their allotted time for completion.

62.     Reports from host provinces shall be collected by ESIAO-CRO on or before the end of
the month. A consolidated report shall then be released to MWP management a week after.
When all resettlement activities have been completed, the ESIAO Director will prepare a
terminal report from which the MWP will base its request the “no objection” from ADB for the
award of contract to contractors.

            2.       External Monitoring and Evaluation

63.      The IMA that has been recommended be hired by MWP-ESIAO will evaluate the
resettlement plan implementation in the PTDP subprojects. It will assess whether the activities
in the resettlement plan were carried out according to the Project Policy Framework established
in the RAPs, duly approved by ADB. The evaluation will cover but not be limited to: (i)
compliance with resettlement compensation policies; (ii) adequacy of organizational mechanism
for implementing the RAPs; and (iii) the handling of complaints and grievances. The IMA will
see to it that the APs: (a) have been provided with replacement lands; (b) have re-established
their structures; and (c) were able to restore their incomes to pre-project levels. It will also
evaluate whether all compensation and resettlement activities have been satisfactorily
completed and rehabilitation measures put in place, and the construction areas are free of all
encumbrances before the awarding of contracts to contractors. The IMA will submit the External
Monitoring and Evaluation report directly to ADB.

                     a.         Scope of Activities

64.       The ESIAO will make the RAPs and the completed DMS questionnaires available to
IMA from which it will design the approaches in conducting the evaluation. Basically, the scope
of activities of IMA shall cover the following:

(i)       Preparation of Evaluation Questionnaires. Two sets of questionnaires shall be
          developed for the evaluation of RAPs; one for the representative sample of APs, the
          other is for the organization responsible for the implementation of RAPs.
(ii)      Survey of APs and Clarifications with MWP. From the list of APs, IMA will select and
          establish representative samples that shall provide information on the adequacy of
          entitlements, the dates and the manner they were resettled as well as compliance to
          Project Policies. The information obtained from APs shall be cross-checked with MWP-
          ESIAO and other offices involved in the implementation of RAPs.
(iii)     Evaluation of Delivery and Impacts on Entitlements. Based on information from APs, the
          IMA will identify the categories of impacts and evaluate the quality and timeliness of
          delivering entitlements (compensation and rehabilitation measures) for each category of
          impact, how entitlements were used and their impacts and adequacy to meet the
          objectives of RAPs. Entitlements and other mitigation measures to be evaluated shall
          include but not limited to:
          a.      Entitlements as specified in the RAPs
          b.      Income restoration measures
          c.      Development and implementation of the Fund for Social Development
                  programme


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                                                Page 25
           The quality and timeliness of delivery and sufficiency of entitlements shall be verified by
           IMA from independent sources like the neighbours of APs and village leaders. The IMA
           will use appropriate investigative and analytical techniques in assessing the post-Project
           socio-economic conditions of the APs in relation to the baseline socio-economic data on
           income and living standards.
(iv)       Evaluation of Consultation and Grievance Procedures. The IMA will identify, quantify and
           qualify the types of conflicts and grievances reported and resolved, and the consultation
           and participation procedures.
(v)        Declaration of Successful Implementation. The IMA will provide a summation of whether
           involuntary resettlement was implemented in accordance with the Project Policies
           established in the RAPs. This declaration will be the basis of ADB to grant the request of
           MWP for “no objection” in awarding the contracts to contractors.
(vi)       Issues and Follow-Up Actions. Descriptions of any outstanding future issues that are
           required to bring the resettlement into compliance with ADB’s Policy on Involuntary
           Resettlement. Likewise, it will describe further mitigation measures needed to meet the
           needs of any AP or family perceiving themselves to be worse off as the result of
           resettlement.
(vii)      Lessons Learned. There will be descriptions of lessons learned from the evaluation that
           might be useful in developing future resettlement policies in Afghanistan.

                     b.         Reporting Requirements

65.    Two types of report shall be prepared by IMA on the monitoring and evaluation of RAPs
for PTDP. One refers to the evaluation of RAP implementation before MWP should be advice by
ADB that it has “no objection” for the award of contracts to contractors. This procedure is
adapted from the practice that there should be inspection before the project turn over is
accepted by the EA.

66.      The other type of evaluation report should provide the opportunity for ADB to reflect
more broadly on the success, or otherwise, of basic resettlement objectives, strategies and
approaches. The report shall be prepared at least one ex-post evaluation survey to assess the
achievement of resettlement objectives, the changes in living standards and livelihoods and the
restoration of the economic and social base of the APs.6

                     c.         Indicators for External Monitoring and Evaluation

67.         The following indicators shall be observed by IMA in the evaluation of RAPs:

                          Table 4: Indicators for External Monitoring and Evaluation
         External Monitoring                                          Basis for Indicators
              Indicators
                                         •         Location
                                         •         Composition and structure, ages, educational and skill levels
                                         •         Gender of household head
    Basic Information on AP or
                                         •         Ethnic group
    households
                                         •         Housing type
                                         •         Land and other resource ownerships and their uses
                                         •         Income levels and their sources

6
      ADB Handbook on Resettlement, A Guide to Good Practice, pp.80-81.

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        External Monitoring                                Basis for Indicators
             Indicators
                                       •   Agricultural production data (for rural households)
                                       •   Value of all assets forming compensation and resettlement
                                           entitlements
                                       •   Were house compensation payments made to the APs free
                                           of depreciation, fees or transfer costs?
 Restoration of living standards       •   Have resettlement strategies achieved the objective of
                                           restoration of living standards for all APs including the
                                           vulnerable APs?
                                       •   Were compensation payments sufficient to replace lost
                                           assets?
                                  •        Was sufficient replacement land available to suitable
 Restoration of livelihoods (data
                                           standard?
 to be disaggregated for APs
                                  •        Did transfer and relocation payments cover these costs?
 moving houses, APs
                                  •        Have enterprises affected received sufficient assistance to
 compensated with
                                           re-establish themselves?
 replacement land, APs with
 businesses affected).            •        Have vulnerable groups been provided income-earning
                                           opportunities? Are they effective and sustainable?
                                       •   Do jobs provided restore pre-project income levels and living
                                           standards?
                                       •   Were the APs and their assets correctly enumerated?
                                       •   Were any land speculators assisted?
                                       •   Was the time frame and budgets sufficient to meet
                                           objectives?
                                       •   Were entitlements too generous?
                                       •   Were vulnerable groups identified and assisted?
                                       •   How did resettlement implementers deal with unforeseen
                                           problems?
 Effectiveness of Resettlement
                                       •   Assess the compensation amounts and other entitlements
 Planning
                                           provided in relation what was planned in entitlement matrix.
                                       •   What was the actual cost of RAP implementation?
                                       •   Assess the effectiveness of institutional arrangements.
                                       •   Assess the effectiveness of grievance mechanism
                                       •   Were vulnerable households sufficiently assisted during the
                                           dismantling, relocation and rebuilding of houses?
                                       •   Has the proposed organization for RAP implementation been
                                           organised? Assess the capacity.
                                       •   Fund for Social Development of Women and Minorities
                                       •   Has the FSD been implemented? What activities were
                                           planned? Implemented by whom? How?
 Impacts of Poverty Reduction          •   Have small businesses been supported? Which businesses?
 Strategy:                                 How many? Type of support?
                                       •   Impact for women and minorities? Has women’s self-
                                           employment and productive capacity been improved?
                                       •   Have women’s welfare and social protection been improved?
                                       •   Do APs know their entitlements? Do they know if these have
                                           been met?
                                       •   How do APs assess the extent to which their own living
 Levels of AP Satisfaction
                                           standards and livelihood have been restored?
                                       •   How much do APs know about grievance procedures and
                                           conflict resolution procedures?
                                       •   Were there unintended environmental impacts?
 Other Impacts
                                       •   Were there unintended impacts on employment or income?

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                                           Page 27
J.          Indigenous People’s Development Plan

68.     Although estimates vary, the ethnic composition of Afghanistan can be estimated at
approximately 38% Pashtun, 25% Tajik, 19% Hazara and 6% Uzbek - with other ethnic groups
making up 12% of the population. The household survey carried out under the TA returned an
ethnic composition over the project areas of Pashtun 52%, Tajik 35.3%, Uzbek 7%, Turkmen
2.3%, Hazara 1.8%, Nuristani 0.2%, Aimaq 0.2% and Other 0.3%. There are no indigenous
people according to the ADB definition and technically all the ethnic groups can be considered
ethnic minorities since their distribution across the country is quite regional, ie whereas in one
area Pashtuns may be the majority, in another they may be the small minority. Section 4 of the
Consultant’s Final Report details the ethnic composition of each sub-project area.

69.     The relationships between the ethnic groups has varied with the political climate but a
common theme has been notable difference of the Hazaras, who are Sunni muslims (rather
than Shi’a muslims like the Pashtuns and Tajiks).

70.       The project itself involves the transmission (inter-city/town) and distribution (intra-
city/town) of electricity. Physical infrastructure will include the installation of electrical equipment,
such as substations, towers and poles, conductors and the like. Socio-economic change likely
to result from increased electrification rates of households, and identified in the Social/Poverty
Assessment include cheaper energy for lighting and household appliances, increased livelihood
opportunities and benefits to the health and education sectors, amongst others. No likely
negative effects have been identified. Benefits will accrue evenly to all sections of the population
regardless of ethnicity. In particular however, the project will facilitate grid power being brought
for the first time to areas with a high percentage of ethnic minorities. (Imam Sahib and Sarepul).

71.      Minimal land acquisition or resettlement will be required as a result of the project,
however where applicable those affected will be compensated in the same way as everybody
else, with special provision made for a Fund for Social Development of women and minorities
(refer to Section G.2).

72.      Based on this analysis, the project has been classified as a ‘B’ project, with no
Indigenous People’s Development Plan/Framework (IPDP/IPDF) or specific action required. An
Indigenous People’s Checklist is included as Appendix 5C. Given the minor impacts on ethnic
minorities, the project design incorporates a Fund for Social Development of Women and Ethnic
Minorities (refer to Section G.2) in order to incorporate specific action favourable to indigenous
peoples/ethnic minorities.




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