Energy Sector Development Investment Program (ESDIP) …Energy Sector Development Investment Program...

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Safeguards Monitoring Report (Resettlement) Semiannual Report For the period Jan-Jun 2016 Energy Sector Development Investment Program (ESDIP) Tranche-1 ADB Grant No. 0134-AFG-MFF Kunduz-Taloqan 220kV Transmission Line (CONTRACT No. DABS/006/ICB) November 2016 Prepared by Da Afghanistan Breshna Sherkat (DABS) for the Asian Development Bank. This Safeguards Monitoring Report is a document of the Government of Afghanistan. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

Transcript of Energy Sector Development Investment Program (ESDIP) …Energy Sector Development Investment Program...

Page 1: Energy Sector Development Investment Program (ESDIP) …Energy Sector Development Investment Program (ESDIP) Tranche-1 ADB Grant No. 0134-AFG-MFF Kunduz-Taloqan 220kV Transmission

Safeguards Monitoring Report (Resettlement)

Semiannual Report

For the period Jan-Jun 2016

Energy Sector Development Investment Program (ESDIP) Tranche-1 ADB Grant No. 0134-AFG-MFF

Kunduz-Taloqan 220kV Transmission Line

(CONTRACT No. DABS/006/ICB)

November 2016

Prepared by Da Afghanistan Breshna Sherkat (DABS) for the Asian Development Bank.

This Safeguards Monitoring Report is a document of the Government of Afghanistan. The views

expressed herein do not necessarily represent those of ADB’s Board of Directors, Management,

or staff, and may be preliminary in nature.

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CURRENCY EQUIVALENTS

(as of November June 2016)

Currency unit – AFN

AFN1.00 = $0.017

$1.00 = 66.10 AFN

This semiannual safeguards monitoring report is a document of the borrower. The views

expressed herein do not necessarily represent those of ADB's Board of Directors, Management,

or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the

Asian Development Bank does not intend to make any judgments as to the legal or other status

of any territory or area.

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GLOSSARY

ADB : Asian Development Bank

NEPA : National Environment Protection Agency

AF : Affected Family

AP : Affected Person

DABS : Da Afghanistan Breshna Sherkat

NEPS : Northren Electrical Power System

CSC : Consultant Service Company

TAP : Technical Assistace Personnel

DMS : Detailed Measurement Survey

EA : Executing Agency (DABS)

ESU : Environmental and Social Unit

EMA : External Monitoring Agency

IEE : Initial Environmental Examination

IOL : Inventory of Losses

kV : Kilo volt

LAR : Land Acquisition and Resettlement

LARF : Land Acquisition and Resettlement Framework

LARP : Land Acquisition and Resettlement Plan

MFF : Multitranche Financing Facility

NES : North Eastern Power System

NGO : Nongovernment Organization

NOC : No Objection Certificate

PMO : Project Management Office

PMPI : Project Management and Project Implementation

RP : Resettlement Plan

SMEC : Snowy Mountains Engineering Corporation

SPS : Safeguard Policy Statement

TL : Transmission Line

TOR : Terms of Reference

UXO : Unexploded Ordnance

HH : Household

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1. Introduction

1. This is the 4th semi-annual Report on the status of implementation of LARP for Kanduz-Taloqan

220 kV Double Circuit Transmission Sub-Project. It covers the period from 1st January 2016 to 30

th June

2016. The 1st, 2

nd and 3

rd semi-annual reports have already been submitted to and reviewed by the ADB

and posted on the ADB website.

2. Energy Sector Development Investment Program (ESDIP) is being implemented in Afghanistan

through financing from Asian Development Bank (ADB) under a Multi-tranche Financing Facility (MFF)

that has been divided into a number of tranches or groups of subprojects. Each of the program’s tranches

constitutes a project which, in turn, has been divided into several subprojects involving the construction of

the power transmission and distribution projects. The construction of 73 km long Kunduz - Taloqan 220

kV double circuit Transmission Line is a sub-project of Tranche-1. The Project is part of the North East

Power System (NEPS) that connects northern and eastern Afghanistan, and also facilitates power import

from Tajikistan, Uzbekistan and Turkmenistan.

2. Revision of LARP

3. A Short Land Acquisition and Resettlement Plan (SLARP) was prepared by the DABS in

November 2008 as per the requirements of ADB’s Involuntary Resettlement Policy (1995) to address

social and resettlement impacts of the Kunduz-Taloqan 220 kV Double Circuit Transmission Line. The

LARP was revised in October 2014, based on the final design of the sub-project; and in accordance with

provisions of the laws in Afghanistan, ADB SPS 2009 and the Land Acquisition and Resettlement

Framework (LARF) for the MFF; that was updated to comply with the requirements of SPS 2009 and

posted on the ADB website in September 2013.

3. Institutional Arrangements for LARP Implementation

4. In compliance of LARF provisions, Da Afghanistan Breshna Sherkat (DABS) has well-established

institutional arrangements for LARP preparation and Implementation. DABS has the overall responsibility

for the Program including preparation, implementation and financing of all LAR tasks and cross-agency

coordination. DABS is executing the Program related activities through a Project Management Office

(PMO).

5. The Project Management Office (PMO) is dealing with responsibility for the preparation,

implementation and monitoring of LARP and other day to day LAR issues including coordination with

relevant ministries, local Governorates, NGOs, community shuras and locally elected councils. The PMO

is undertaking the LAR activities through the Environmental and Social Unit (ESU) that has been

established in the PMO exclusively to deal with the safeguards issues.

6. The ESU is responsible internally to monitor LARP based on detailed design and detailed

measurement survey (including surveys, asset valuation, and community consultation) and its

implementation, LAR-related cross-agency/inter-departmental coordination, LARP approval, preparation

of internal monitoring reports, and other LAR tasks, as assigned; and ensure the availability of required

budget for the implementation of LARP.

7. The ESU is supported by the Program Management and Project Implementation Consultants

(PMPIC) to manage LAR activities. The PMPIC is supporting the PMO-ESU in managing the LAR

activities. They are assisting in LAR planning/implementation, internal monitoring and evaluation (M&E),

and training LAR as per ADB resettlement policy requirements. The PMPIC has engaged one

international social / resettlement specialist supported by one national counterpart.

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Institutional Arrangements for Safeguards Compliance

4. LARP Implementation

8. The payment process for the permanent land losses as per LARP started in October 2015 on the

receipt of compensation amount by the DABS local office at Taloqan. An amount of 3,270,270 Afghani, as

provided in the LARP to compensate 33 affected land owners was approved by the DABS on June 8,

2015. The amount was transferred to the existing bank account of DABS local office at Taloqan in

October 2015. As per LARP provisions, a committee was formed by the local DABS office to ensure

transparency of the payment process in addition to the formal mandate of GRC of addressing the APs’

grievances and concerns during LARP implementation. The committee included the representatives from

Provincial Council, Province Governor Office, Department of Agrarian, Justice Department and DABS

office at Takhar. The DABS-PMO mandated this committee to also supervise the payment of

compensation process. The APs were paid in the presence of the Committee members. They were

required to come with the land ownership papers duly verified from the official records and along with

national identity cards, and as reported in the last BMR for the period ending 31-12-2015, compensation

was paid to 25 APs out of 33. This amount paid was 83% of the total payable. The remaining unpaid 2

APs could not satisfy the committee members about the legitimacy of the document of ownership of the

affected land, and nor these were verifiable from the land records. They were asked to get their paper

corrected from the concerned offices and come with the valid land ownership documents.

9. During the reporting period (from January 2016 to June 2016) these APs have been paid their

land compensation on providing the documents to the satisfaction of the monitoring committee. Now all

the APs as per list of the approved LARP have been paid. There is no need for further reporting on

LARP implementation for this sub-project. However, as per requirements of the loan agreement, a

compliance report will be prepared and submitted to ADB. The details of payment are provided in Table-

1.

DABS -PMO

ADB

ESU Resettlement Team

(1x Key Resettlement

Specialist

1x Junior Specialist)

PMPIC Resettlement

Team

(1x National Resettlement

Specialist

1x International

Resettlement Specialist)

Provincial DABS-PMO

Staff

Affected Families/Persons

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Table- 1: Details of Payment of Compensation by DABS for Permanent Losses

S/N

Name of AP F/Name Tower

No. Amount Due as per LARP (Afg.)

Amount Paid (Afg.)

Difference1

(Afg.)

1 Ahmad Gul Haji Dad Gul 34/2 50000 50000 0

2 Abdul Jalil Abdul Mateen 34/8 262600 74167 188433

3 Abdul Wadood Bazar Khan 49/0, 49/1 166600 274000 -107400

4 Aaghsha Abdul Kabir 47/2 54400 54400 0

5 Abdul Basir Abdul Manan 50/0 102850 90750 12100

6 Amanula Mulaamir Khan 44/6 48000 90750 -42750

7 Amanula Mula Ahmad khan

46/2 102850 48000 54850

8 Ataulla Nayeb 50/3 54400 54400 0

9 Feda Mohammad H. Sher Mohammad

31/2, 31/1, 31/0

148000 148000 0

10 Faridoon Hamidulla 50/2 108800 54400 54400

11 Ghlam Dastgir Mohamad Sarwar 34/0 144500 144500 0

12 Ghulam Rabani Hasan Beg 47/10 54400 55400 -1000

13 Haji Mohamad Zaher

Haq Nazar 48/0 102850 90750 12100

14 Hamidulla Karimulla 45/1 54400 54400 0

15 Hazratmeer Sayedmeer 44/1 48000 48000 0

16 Islamudin Mohammad Nawroz

44/2 48000 48000 0

17 Jora khan H. Sher Mohammad 44/5

48000 48000 0

18 Khal Mohamad Amir Mohamad 45/2 48000 48000 0

19 Khan Mohamad Faiz Mohammad 56/1 54400 54400 0

20 Mohamad Akbar Khal Nazar 52/1 72000 72000 0

21 Mohamad Aref Haji Mohamad Sharif

44/3 54400 55400 -1000

22 Mohamad Eisa Khair Mohamad 48/9 54400 55400 -1000

23 Mohamad Hakim Sayed Amir 50/5 32000 32000 0

24 Mohamad Hanif Faizudin 50/4 32000 32000 0

25 Mohamad Ibrahim Haji Adam Khan 47/8 108800 48000 60800

26 Mohamad Jan Juma Khan 52/0 84500 84500 0

27 Mohamad Jandad Mohamad Nader 32/1, 32/2 72400 72400 0

28 Mohamad Mosa Mohamad Osman 50/1 108800 48300 60500

29 Mohamad Sharif Ashor Mohammad

47/3 54400 54400 0

30 Mula Baz Mohamad

Payenda Gul 47/9 54400 54400 0

1 An explanation for the compensation payment difference is provided in the following section.

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5. Variations in Payments

10. The following variations in the payment of compensation to the APs were effected as a result of

verification of their claims by the DABS team at the time of payment of compensation. The variations were

generally caused due to the following reasons.

1. Identification of incorrect tower number for compensation - 6 Cases (Vide Sr. No. 1, 2, 5,6,10 and 11 as provided below).

2. Assigning different land category - 4 Cases (Vide Sr. No. 3, 4, 7 and 12).

3. Minor clerical/ typing mistakes - 2 Cases (Vide Sr. No. 8 and 9)

11. The monitoring committee discussed these verification findings with the concerned APs in detail.

The APs were satisfied with the verification process by the DABS and had no objection in accepting their

estimated compensation amounts. These verifications resulted in saving an amount of 297,083 Afghani,

on overall basis when compared with the admissible amounts to these APs as per LARP. The details of

variations are provided in Table-2.

Table - 2: Variations in Payment of Land Compensation As Compared with LARP

S/N Name of

AP F/Name

Tower No.

Amount as Per LARP (Afg.)

Amount Paid (Afg.)

Difference (Afg.)

Remarks

1 Abdul Jalil Abdul Mateen

34/8 262600 74167 188433

In the LARP the AP was considered for compensation for 3 towers Nos.33/0, 37/0 and 34/1. But when verified by the DABS team at the time of payment of compensation, he was entitled for compensation for only one tower No. 33/8 and was paid accordingly.

2 Abdul Wadood

Bazar khan 49/0, 49/1

166600 274000 -107400

In the LARP, the AP was considered for compensation for one tower No. 49/0. But he claimed that tower No 49/1 was also at his land. His claim was verified at the time of payment of

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compensation, and was found correct. He was paid land compensation for two towers instead of one.

3 Abdul Basir

Abdul Manan 50/0 102850 90750 12100

In the LARP, the compensation amount was estimated as 102,850 Afg. But the DABS team at the time of payment of compensation verified it for 90,750 Afg. The same was paid with the agreement of AP.

4 Amanulla Mulaamir khan

44/6 48000 90750 -42750

In the LARP, the compensation amount was estimated as 48,000 Afg. But the DABS team at the time of payment of compensation verified it for 90,750 Afg. The same was paid with the agreement of AP.

5 Amanulla MulaAhamad khan

46/2 102850 48000 54850

In the LARP, the compensation was estimated for tower No 46/0. But the DABS team at the time of payment of compensation verified it for tower No. 46/2 instead, and accordingly he was paid.

6 Faridoon Hamidulla 50/2 108800 54400 54400

Initially the AP was considered for compensation for two towers Nos.50/1, and 50/2. But when verified at the time of payment of compensation, he was entitled for compensation for only one tower No. 50/2 and was paid accordingly.

7 Ghulam Rabani

Hasan beg 47/10 54400 55400

-1000

In the LARP, the compensation amount was estimated as 54,400 Afg. But the DABS team at the time of payment of compensation verified

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it for 55,400 Afg. The same was paid with the agreement of AP.

8 Haji Mohamad Zaher

Haq Nazar 48/0 102850 90750 12100

In the LARP, the compensation amount was estimated as 102,850 Afg. But the DABS team at the time of payment of compensation verified it for 90,750 Afg. The same was paid with the agreement of AP.

9 Mohamad Aref

Haji Mohamad Sharif

44/3 54400 55400 -1000

In the LARP, the compensation amount was estimated as 54,400 Afg. But the DABS team at the time of payment of compensation verified it for 55,400 Afg. The same was paid with the agreement of AP.

10 Mohamad Eisa

Khair Mohamad

48/9 54400 55400 -1000

In the LARP, the compensation amount was estimated as 54,400 Afg. But the DABS team at the time of payment of compensation verified it for 55,400 Afg. The same was paid with the agreement of AP.

11 Mohamad Ibrahim

Haji adam khan

47/8 108800 48000 60800

Initially the AP was considered for compensation for two towers Nos.47/7, and 47/8. But when verified at the time of payment of compensation by DABS team, he was entitled for compensation for only one tower No. 47/8 and was paid accordingly.

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12 Mohamad Mosa

Mohammad osman

50/1 108800 48300 60500

Initially the AP was considered for compensation for two towers Nos.50/1, and 50/2. But when verified at the time of payment of compensation, he was entitled for compensation for only one tower No. 50/1 and was paid accordingly.

13 Saydulla Abdul Mohammad

48/0 102850 96800 6050

In the LARP, the compensation amount was estimated as 102,850 Afg. But the DABS team at the time of payment of compensation verified it for 96,800 Afg. The same was paid with the agreement of AP.

Total 1323800 1026717 297083 A saving of 297,083 Afghani.

6. Claims by Additional APs

12. During the process of compensation payment, 15 additional people claimed to the local DABS

office that the towers have been installed in their lands and they should be compensated for the land loss.

They were asked to prove their claim by providing the ownership of land papers. Out of 15 the papers

were provided by the 11 persons. Their case was sent to DABS head office who approved these persons

for payment from the savings in the compensation budget already provided; as no additional budget was

required. The project has savings in the resettlement budget for an amount of 840,753 Afghani

(3,270,270-2,429,517= 840,753) Consequently, up to 30th June, 2016, compensation was paid to 5

additional APs on the satisfaction of local DABS office and the other members of monitoring committee

on the legitimacy of their land ownership documents and other requirements relating to proving the

identity of the APs. The details of payment to the additional APs are provided in Annex-1.

7. Summary of Monitoring Indicators

13. Performance relating to monitoring indicators is summarized as under.

Monitoring Indicators For LARP Implementation

Status as of Dec. 2014

Status as of June 2015

Status as of December 2015

Status as of December 2015

Required Action

1. Approval of LARP by ADB

Approved Approved Approved Approved No action required

2. Institutional Arrangements

In Place In place In Place In Place No action required

3. Grievance Redress Committee

Not Formed

Not Formed

Formed Formed No action required

4. Payments to APs for Permanent Land & other Losses by DABS

Nil Funds approved by DABS

About 83% of the total payable amount disbursed to

Total 33 APs as identified in the approved LARP have been paid

Payment of compensation completed 100% as per LARP

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31 APs out of 33.

compensation. Five additional APs, not assessed in the LARP also paid compensation from savings in the resettlement budget.

5. Payments to APs for Temporary Losses by the Contractor

An amount of 2228467 Afghani paid to 181 APs

Payments status complete

- No further action required

No further action required

6. Internal Monitoring by ESU

Regular Regular Regular Regular- As a

continued activity

Regular- As a continued activity

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Annex-1

Payments to Additional APs