Resettlement Planning Document

Land Acquisition and Resettlement Plan (LARP) A373/4P112 Pungan-Namangan highway (KM 0- KM 75) Document Stage: Draft Project Number: 44483-026 November 2012

UZB: Second CAREC Corridor 2 Road Investment Program – Tranche 2 Prepared by the Republican Road Fund under the Ministry of Finance of Uzbekistan for the Asian Development Bank. The land acquisition and resettlement plan is 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.

O'ZBEKISTON RESPUBLIKASI MOLIYA VAZIRLIGI

HUZURIDAGI RESPUBLIKA YO'L JAMG’ARMASI

РЕСПУБЛИКАНСКИЙ ДОРОЖНЫЙ ФОНД ПРИ

МИНИСТЕРСТВЕ ФИНАНСОВ РЕСПУБЛИКИ УЗБЕКИСТАН

i i ________ 201/2_у. № - *

ABBREVIATIONS

ADB – Asian Development Bank AH – Affected Household AF – Affected Family AP – Affected Person CAREC – Central Asia Regional Economic Cooperation

Corridor CC – Civil Code DI – Design Institute DMS – Detailed Measurement Survey EA – Executing Agency ERD – Environment and Resettlement Division FP – Focal Point GOU – Government of Uzbekistan HC – Housing Code IA – Implementing Agency IR – Involuntary Resettlement Km – Kilometer KMK – Construction norms LA – Land Acquisition LARC – Land Acquisition and Resettlement Commission LARP – Land Acquisition and Resettlement Plan LC – Land Code LLC – Limited Liability Company LRCD – Land Resources and Cadastre Department NGO – Non-Governmental Organization PMU – Project Management Unit PPTA – Project Preparatory Technical Assistance RC – Resettlement Consultants SCLRGCSC – State Committee on Land Resources, Geodesy,

Cartography and State Cadastre RRF – Road Fund ROW – Right-of-way SPS – Safeguard Policy Statement (ADB 2009) TBC – To be confirmed UN – United Nations YLB – Yol Loyiha Byurosi

CURRENCY EQUIVALENTS (As of October 2012)

Currency Unit – Sum (UZS)

UZS 1.00 = $0.000512 $1.00 = UZS 1,952.60

NOTE In this report,

i. “$” refers to United State Dollars (USD) ii. UZS refers to Uzbekistan Sum

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

Compensation Payment in cash or kind for an asset to be acquired or affected by a project at replacement cost.

Cut-off-date The date after which people will not be considered eligible for compensation i.e. they are not included in the list of AHs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Affected Persons

Affected persons (APs) are those who experience full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. APs could be of three types: (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land.

Entitlement The range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to AH, depending on the type and degree nature of their losses, to restore their social and economic base. All entitlements will be given to all affected households as per the entitlement matrix.

Inventory of Loss

The inventory of assets getting affected by project.

Hokimiyat Local government authority that interfaces between local communities and the government at the regional and national level. It has ultimate administrative and legal authority over local populations residing within its jurisdiction.

Land acquisition

The process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation.

Massive This is an area that reflects pre-independence boundaries of collective farms and has been retained as an administrative arrangement by the GoU but it is structurally different to the Mahalla that is recognized as a local-level community-based organization. The function of the missive is to manage land and coordinate agricultural-based activities. It has a quite restricted legal status but most of the AHs are located in these massive.

Mahalla Is a local level community-based organization recognized official by the GoU that serves as the interface between state and community and is responsible for facilitating a range of social support facilities and ensuring the internal social and cultural cohesiveness of its members. Mahalla leaders are elected by their local communities.

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Meaningful Consultation

A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Illegal HHs that are not registered their business, agriculture, residential and orchard and those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal lease to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people are entitled to compensation for their non-land assets.

Low Income According to the GoU low-income households are classified as households where the monthly per capita income is less than the equivalent of UZS 111,000 (approximately US$1.65 per capita per day), which is similar to the internationally accepted income poverty line of US$1.65 per capita, per day. According to WB poverty data in 2011 the number of people living in poverty constitutes 17% of the population.

Replacement cost

Replacement cost is the principle to be complied with in compensating for lost assets. Calculation of which should include: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. Where market conditions are absent or in a formative stage, APs and host populations will be consulted to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. Baseline data on housing, house types, and construction materials will also be collected. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account.

Significant impact

200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

Vulnerable Households

Low-income households, female-headed households with fewer than 2 adult income-earners, the elderly headed with unemployed family members, and disabled.

Leaseholder Juridical person (farm) running agricultural production with the use of land parcels

granted to him on a long-term lease. Lease term is limited up to fifty years but not

less than for ten years. Leaseholder cannot sell - buy, mortgage, present,

exchange the land

Land Use rights

According to Land Code (article 17) real persons (can have the land plot under the right of lifelong inheritable possession and land parcel use transferred as descent. This right is given to individual residential housing construction and collective gardening and vineyard (orchards), peasant farms. Juridical persons (enterprises, stores, business) can posses land parcels according to the right to permanent

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possession, permanent use, temporary use, lease and property. In two above case when person wants to sell the Property (land and building), he will sell the building & structure and subsequently land parcel will be sold as an attachment (right is being sold).

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TABLE OF CONTENTS

Page

Abbreviations 1

Glossary 2

Executive Summary 5

I Introduction 9

II Scope of Land Acquisition and Resettlement 13

III Socioeconomic Profile of Affected Population 22

IV Institutional Arrangements 26

V Public Consultation, Information Dissemination And Disclosure 29

VI Grievance Redress Mechanism 33

VII Legal Framework 36

VIII Entitlements and Compensation Strategy 43

IX Relocation of Housing and Settlement 52

X Income Restoration and Rehabilitation 55

XI Resettlement Financing and Budget 57

XII Implementation Schedule 61

XIIII Monitoring and Reporting 63

Annex

1. Census survey

2. Socio economic survey

3. Policy reconciliation matrix

4. Master plan

5. TOR External Monitor

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Executive Summary

A. Project Introduction 1. Uzbekistan is a key transit point in Central Asia for countries looking to trade among themselves, as well as with the rest of Asia and Europe. Transport plays a key role in promoting the regional and domestic trade. Central Asia Regional Economic Cooperation (CAREC) has a strategy and action plan to develop six transport corridors, which will improve connectivity and cut transport costs.1 2. The proposed investment program (the second investment program) is an extension of the ongoing investment program (investment program I). The Multi-Tranche Finance Facility (MFF) for the second investment program, financed by Asian Development Bank (ADB), aims to reconstruct the Uzbekistan section of CAREC Corridor 2, which connects Uzbekistan to Afghanistan, Kazakhstan, the Kyrgyz Republic, Tajikistan and Turkmenistan. The investment program fits with ADB’s Strategy 2020, which is included in the country operations business plan (2011–2013), and is aligned to the UN Decade of Action for Road Safety 2011–2020. The proposal is in line with the proposed Uzbekistan Transport Sector Strategy (2006–2020) and road map, as well as the CAREC Transport and Trade Facilitation Strategy and Action Plan. 3. The project is located in the Northern part of Namangan region in Fergana Valley. The Project road starts from Pungan, at about 208 km of the A-373 road, traverses for 75kms from West to East towards Namangan and ends at the border of Namangan City. 4. The Republican Road Fund (RRF) has developed this draft Land and Resettlement Plan (LARP) for the project. The plan has been prepared on the basis of the census and socioeconomic survey findings and consultation with various stakeholders in compliance with ADB’s Safeguard Policy Statement (SPS) 2009 to protect the rights of affected households/persons2. This LARP has been prepared based on feasibility design and shall be updated in line with the detailed design. The final and implementable LARP will be submitted to ADB for approval and is a condition for the award of civil works. B. Objective of the Land Acquisition and Resettlement Plan (LARP) 5. The aim of this LARP is to mitigate all involuntary resettlement impacts caused by the project and provide adequate resettlement and rehabilitation assistance to the affected households to restore or improve their pre-project standard of living. C. Measures to Minimize the Impact 6. The overall resettlement impacts are avoided or minimized through careful alignment setting during the design stage. The design has avoided impacting a water pipe with diameter 700 mm located along the road at the southern side. This area for road expansion in the northern part of existing road at km 0 - 33 is mostly barren land, and registered as a reserve land of Namangan regional authority. The rest of the alignment (km 34-75) will be widened on both sides, more or less symmetrically with minor differences from the existing axis of the road. Additional efforts will be made during the detailed design to further reduce the project impacts. 1 ADB. 2008. CAREC Transport and Trade Facilitation Strategy and Action Plan. Manila.

2The Affected persons are those who are physically Affected (relocation, loss of residential land, or loss of

shelter) and/or economically Affected (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas’ (Source: ADB Safeguard Policy Statement, 2009).

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D. Project Benefits Impacts 7. The investment program will help reduce vehicle operation cost (VoC) and travel time, and other transaction costs related to transportation. The road will have significant impacts on the socio-economic development of the region in the valley and their respective districts. The improved roads will help in the development of new businesses, investments, industries thereby creating new opportunities for socio economic development. D. Scope of Land Acquisition and resettlement

8. The Project construction would entail land acquisition and involuntary resettlement impacts on land, business and residential/commercial structures. The census identified a total of 320 affected households (AHs) comprising of 1839 persons that will be adversely affected as a result of the Project. The majority (220 AHs) are in the Turakugon district, followed by Chust (65 AHs) and Pop districts (35 AHs). (See Table A below)

Table A District wise Summary of Affected Households (AHs) and Persons

Description Turakurgon Chust Pop Namangan Total

Total AH 220 65 35 0 320

Total Affected Persons (APs)

1243 390 206 0 1839

9. A total of 230.5 ha of land would be required for the project. Of this, 146.6 ha is government land (reserve land, state/public buildings, community utilized facilities), whereas the remaining 83.9 ha are individually held land.3 10. Of the 83.9 ha of affected individually-held land, a total of 44.5 ha comprises of cropping farmland. 43 leaseholder households are using this land. Another 55 HHs with lifelong inheritable land rights would experience impact on 33.2 ha of land used as orchards. 11. A total of 4.9 ha of affected land is for residential use and 1.3 ha is for commercial use affecting 165 HH and 57 HH, respectively. A total of 161 residential structures and 53 commercial structures will need to be relocated. 12. A total of 17 community utilized facilities (CUF) such as colleges, hospitals, cemeteries, public cultural places and other common property resources will also be impacted. E. Socio-Economic Profile of the Affected Households 13. Average household size is 6 persons. Male and female constitute nearly equal proportion of the affected population. In terms of education status, 71% and 73% of the total men and women have formal education. 14. 32.5% of the AHs depend on agriculture as their primary source of income, whereas 29% of the AHs are in government service. Around 22% of the AHs are engaged in small businesses and enterprises and 9% in the services sector. Women have less involvement in paid labor despite nearly the same level of formal education among men and women.

3 In Uzbekistan, land is under state ownership and owned by either the City or the District hokimiyat. As per the

Official State Act, the District hokimiyat grants the right to land to individual households

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Majority of the AHs have access to potable drinking water, toilets, bathrooms, electricity, and means of communications such as mobile phones etc. F. Public Consultation, Information Dissemination and Disclosure 15. 19 community consultations were held along the road section with the AHs, communities, local leaders, government officials, etc. More than 50% of the participants in these consultations are women. The main objective of these consultations was to disseminate information regarding the Project and address concerns raised by the affected community members. It was found that people were generally enthusiastic towards the proposed project. The main queries raised by the participants/communities were regarding the commencement of the project, awarding of compensation, valuation of assets, disposal and retrieving of assets such as structures, trees, etc. G. Institutional Arrangements 16. RRF (Republican Road Fund) will have overall responsibility to implement the LARP as the executing agency (EA). The Program Management Unit (PMU) within RRF will be responsible for the day-to-day management of LARP implementation. The PMU team will consist of resettlement consultants responsible for planning, implementation and internal monitoring of LARP. The PMU will work closely with mahalla, local authority representatives of the Namangan province hokimiyat and district hokimiyats of Chust, Turakurgon, Pop supported by branch departments of Goskomzemgeocadastre (Land Resource and Cadastre Committee) represented in District Acquisition and Valuation Committee and District Land Acquisition and Resettlement Committee. H. Grievance Redress Mechanism 17. Complaints can be submitted to mahalla, village assembly of citizens, farmer councils, women association or directly to RRF. Although usually, the district hokimiyat will be the entry point for receiving complaint or known as a Grievance Focal Point (GFP)4. Upon receipt of a complaint, the GFP will establish contact with RRF and its PMU and mahalla and other relevant bodies. The PMU will establish a complaint handling team headed by one of the RRF management staff designated for handling grievances of the project. All complaints will be resolved in 15-20 days, and in case additional details are required, a maximum of 30 days will be used to resolve and close the complaint. The Project Grievance Redress Mechanism does not prevent any AH to approach the national/government legal system to resolve their complaints at any stage of the grievance redress process. The APs can address their complaints to the courts at any time and not only after using the GRM. I. Legal Framework

18. The LARP has been prepared in line with national and local laws and regulations and ADB SPS 2009. In case of any gaps between the national law and ADB SPS 2009, for this project purpose the ADB SPS 2009 shall prevail. All AHs are entitled to receive compensation for all losses and affected assets based on the principle of replacement cost. All compensation and assistance will be paid as per the entitlement matrix included in the LARP. Special assistance will be provided to vulnerable and severely affected households. In addition, all AHs will be entitled to livelihood restoration assistance to help improve or at least restore their pre-project living standards and income-earning capacities.

4 Under the Government Grievance mechanism, the District Hokim is designated as the Grievance Focal Point.

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19. The LARP will be fully implemented prior to commencement of any civil works. Compensation and other assistances will be paid to APs prior to their physical or economic displacement and commencement of civil work. J. Relocation of Housing and Settlements 20. 214 AHs (161 losing residential structures and 53 losing commercial structures) will be severely affected necessitating their relocation. Several options of relocation have been developed in consultation with AHs and district hokimiyats. These include relocating the AHs to a new location, cash compensation in-lieu of land-for-land compensation; continue in their remaining plot, access to special loans etc. The executing agency will be responsible to ensure relocation of each physically displaced households. Special relocation assistance has been included in the entitlement matrix ensuring smooth relocation and rehabilitation of AHs and persons. K. Income Restoration and Rehabilitation 21. One AH losing cropping farm, and 44 AHs losing orchards will lose more than 10% of their farms and are therefore considered as severely affected. Similarly, 53 AHs will need to re-establish their business at a new location. In addition to compensation and assistance to be paid as per entitlement matrix, the project will have special measures to assist the severely affected households for income restoration. These measures will mainly comprise of training on better agriculture practices, enhancement of agricultural productivity, skills training, and access to special credit with favorable interest rate to be provided by commercial banks. L. Resettlement Budget and Financing 22. The tentative LARP Budget is around US$ 8,953,872. This includes both direct cost of land acquisition and compensation and indirect cost of resettlement assistance and rehabilitation. M. Monitoring and Reporting 23. Monitoring would include both internal and external monitoring. PMU Safeguard Team - Environmental and Social (Resettlement) consultants will carry out internal monitoring routinely in close coordination with local hokimiyat. Internal monitoring will be done on a quarterly basis. The results from the internal monitoring will be verified by the Independent Monitoring Consultants on a biannual basis. In order to ensure that all Affected households are compensated prior to commencement of civil work, a external monitoring will be undertaken based on which a Compliance Report will be submitted to ADB and RRF. The Monitoring/Compliance report will be used by ADB and RRF as a basis to issue notice to proceed with civil work activities to the contractor for the road construction. The external monitoring report will be disclosed on the website of RRF and ADB.

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I. INTRODUCTION 1.1. Background 1. This draft Land Acquisition and Resettlement Plan (LARP) has been prepared for the component of the Multi-Tranche Finance Facility for the Central Asia Regional Economic Cooperation (CAREC) Corridor 2 Road Investment Program II in Uzbekistan (Project 2). It is based on the feasibility study and will be updated based on detailed design. The final LARP will be submitted to ADB for approval prior to implementation and is a condition for the award of civil works contract. 2. The proposed investment program (the second investment program) is an extension of the ongoing investment program (investment program I). The Multi-Tranche Finance Facility (MFF) for the second investment program, financed by Asian Development Bank (ADB), aims to reconstruct the Uzbekistan section of CAREC Corridor 2, which connects Uzbekistan to Afghanistan, Kazakhstan, the Kyrgyz Republic, Tajikistan and Turkmenistan. The investment program fits ADB’s Strategy 2020, which is included in the country operations business plan (2011–2013), and is aligned to the UN Decade of Action for Road Safety 2011–2020. The proposal is in line with the proposed Uzbekistan Transport Sector Strategy (2006–2020) and road map, as well as the CAREC Transport and Trade Facilitation Strategy and Action Plan. 1.2. Uzbekistan CAREC 2 Project

3. The investment program II will increase domestic and international trade and will have an impact on sustainable economic development. The outcome will be better transport connectivity, road safety, efficiency and economic development. The outputs of the Project will include (i) 236 kilometer reconstructed section of CAREC Corridor 2 road; and (ii) implemented road sector sustainability plans, which relate to road safety and asset managements. The investment will be split into three separate projects. The outputs under each project will be as follows: 4. Project 1. Road Development: The output will be about 58 kms of the reconstructed section of A373 highway (between Km116 and Km190). The investment will upgrade the existing four-lane section with an international design within the existing right-of-way. 5. Project 2. The outputs will be nearly 75 kms of the reconstructed section of A373/4P112 highway (between Km 0 and 75), updated road asset management plans, and implemented road safety action plan. Improvement of cross-border facilities for shortening the processing time at Osh, Kyrgyzstan border is covered under a separate bilateral funding. 6. Project 3. The outputs will be 87 kms (approximately) of the reconstructed section of A380 highway (between Km 228 and 315), strengthening capacity of the Road Fund for road asset management, piloting the introduction of road user charges on reconstructed road section of Project 1, and implementation of road safety action plan for projects 1 and 2 of the investment program II. 1.3. Project Location 7. The project site is located in the Northern part of Namangan region in Fergana Valley. It starts in Pungan, at about 208 km of the A-373 road, and stretched for 75kms from West to East towards Namangan and ends in the border with Namangan City. The Valley is connected with mainland Uzbekistan through Kamchik pass, and this road is the only communication and transportation route connecting Namangan and Tashkent regions.

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Figure 1.1: Map of the Project location

8. “The Fergana Ring Road” 4P112 is classified as having Category III along its range 0–75 km. The road lies along the Northern site of the Fergana Valley and has asphalt-concrete coating. 9. The road is located in the hillside, semi-hillside fill, semi fill and embankments. The road crosses over the levees of streams such as Chodaksoy, Uygursoy, Olmasoy, Jabbarsay, Gavasay, Rezaksay and Kosansay, as well as three main community settlements in three locations in Chust (43-46 km), Shahidon (61-64 km) and Turakurgon (65-75 km). The right hand side of the road from Pungan borders with agricultural land and community settlements, whereas in most of the left hand side, in the section 0-26 km, adjoins with arid semi-hillside and barren field.

1.4. Project Benefits and Impacts 10. The road has a significant impact on the socio-economic development of the regions in the valley and their respective districts. Most of the goods transported from the Ferghana valley are perishable goods such as fresh agricultural commodities, and in lesser extent building material. The investment program will help reduce vehicle operation cost (VoC) and travel time and save on other transaction costs related to transportation. 11. As part of this Project, the existing 2-lane road will be transformed into a 4-lane road ensuring free and safe passage of vehicles up to 13 metric tones of base weight. The improved infrastructure includes provisions of safe crossings for both local pedestrians and livestock across the road thereby reducing road accidents and injuries.

Tranche II

Pungan - Namangan– 0-75 km

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12. The Project is classified as Category A5 for involuntary resettlement in accordance with ADB's Safeguards Policy Statement (SPS, 2009), as there are significant involuntary resettlement impacts. The Project construction would entail land acquisition and adverse resettlement impacts on agricultural, business and residential land in the area. In order to assess the Project level resettlement impacts, a detailed census survey was undertaken on this road. A total of 320 households comprising of 1839 persons would be affected. No Indigenous People household will be affected. The impacts largely include loss of land, structures and income. 230.5 ha of land will be acquired. Of this, 146.6 ha is government land (reserve Land, state/public buildings, and community utilized facilities) whereas the remaining 83.9 ha is individually held land.6 A total of 165 residential structures and 57 businesses will be impacted. The details of project impact are further elaborated in Section II of this LARP. 1.5. Minimization of Resettlement Impacts

13. Efforts were made to minimize the resettlement impacts along the road section by adjustments in the technical design. The design included 2 lane road expansion between Km 0 to Km 33 only in the northern side of the existing road because a water pipe with diameter 700 mm is located along the road at the southern side. This area for road expansion in the northern part of existing road at km 0 - 33 is mostly barren land, and registered as a reserve land of Namangan regional authority. The rest of road alignment (km 34-75) section will be widened to both sides, more or less symmetrically with minor differences and depending on locality, from the existing axis of the road. 14. Based on existing regulations, the RoW for national roads is limited to 50m (25 m on either side of the road centerline). According to the RRF’s design institute, the existing RoW for the 0-75km of 4P112 road is 15.1m. Accordingly, the design institute identified three different scales of RoW for the project depending on the location of the road in the vicinity or between community settlements, agricultural production areas and/or other infrastructural facilities such as high voltage electricity lines:

(i) For km 0 to 33, the RoW will be range from 47m to 70 m. According to the RRF’s initial design, each road section will have 2-lane with width 21 m including road shoulders and road accessories, with median road separation ranges from of 6 - 30m.

(ii) For km 33 to 43 and km 46 to 65, the RoW will be around 47 m for the whole two-way road (4-lane road) including road shoulders and road accessories areas.

(iii) For km 43 to 46, and km 65-75, the RoW will be around 57 m including shoulders, road accessories, and walking path for pedestrian.

5A project is assigned to one of the following categories depending on the significance of the probable involuntary

resettlement impacts: (i) Category A – A proposed project is classified as Category A if it is likely tohave significant involuntary resettlement impacts. A resettlement plan, including a assessment of social impacts, is required. The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically affected from housing, or (ii) losing 10% or more of their productive assets (income generating). 6 In Uzbekistan, land is under state ownership and owned by either the City or the District hokimiyat. As per the

Official State Act, the District hokimiyat grants the right to land to individual households. The same have been enumerated in Table 2.2 above.

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Table 1.1: Description of “Reconstruction of road 4P112 on the site Pungan-Namangan” (0-75 km) road

Districts

Road length, km

Project area Road width meter

Pop 39 0-39 km 47 m or more

Chust 16 39-55 km 47 m or less

Turakurgon 18 56-73 km 47 m or less and 37 m

Namangan 2 74-75 km 37 m

Total: 75 0-75 km

15. To preserve the local customs and to safeguard the local community interest, the project has taken special measures to avoid impact on spiritual places along the road section. In case of the spiritual places such as cemeteries, which were identified as affected by the project, as part of the project design, it was mandated that only walls would be removed with no impact on the graves. The RRF will assist in rebuilding of the walls. 1.6. Objectives of the Land Acquisition and Resettlement Plan (LARP) 16. The aim of this LARP is to mitigate all involuntary resettlement impacts caused due to the project and provide adequate resettlement and rehabilitation assistance to the affected households to restore or improve their pre-project standard of living. 17. The LARP has been prepared on the basis of the census and socioeconomic survey and consultation with various stakeholders in compliance with the ADB’s Safeguard Policy Statement (SPS) 2009 to protect the rights of the AHs/APs7. The issues / aspects identified and addressed in this LARP are as follows:

i. Inventory of all kind of losses, irrespective of title of affected households. ii. Type and extent of loss of land and non-land assets, loss of livelihood or

income opportunities and common property resources and social infrastructure;

iii. Impacts on Vulnerable groups; iv. Consultation with stakeholders and scope of peoples participation in the

project; v. Legal framework; vi. Entitlement matrix with details of all entitlements for each category of loss and

provisions for special assistance for vulnerable households and severely affected households, relocation assistance and support for restoration of businesses/income;

vii. Grievance redressal mechanism. viii. Cost Estimates for LARP implementation; and ix. Institutional framework for LARP implementation, x. Monitoring and evaluation mechanism.

7 The affected persons are those who are physically affected (relocation, loss of residential land, or loss of

shelter) and/or economically affected (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas’ (Source: ADB Safeguard Policy Statement, 2009).

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2.1. Scope of the LARP 18. The Land acquisition and resettlement plan (LARP) has been prepared based on the initial design and technical-economical assessment (TEA) of “Reconstruction of road 4P112 on the site Pungan-Namangan (0-75km)” prepared by LLC “Yul Loyiha Byurosi” (YLB). This LARP will be updated subsequently on the basis of the detailed design and will be submitted to ADB for approval prior to commencement of any civil work activities. 19. The designed road, with the total length of 75 kms, will pass through four districts of Namangan region. Since the available RoW is not sufficient to accommodate the proposed road improvement works, the road construction would entail land acquisition impacting cropping farms, residential structures, businesses, orchards and public and community infrastructure. In order to accurately assess the impacts of land acquisition, the following studies were undertaken prior to LARP preparation:

i. Detailed Measurement Survey (DMS) aimed to measure the size of land, building, and number as well as the types of private and communal assets that will be affected by land acquisition,

ii. Census to gather the socioeconomic conditions of affected households and inventory of all impacted assets.

iii. Estimation of Compensation Rates at market replacement value iv. Validation of compensation estimate through independent valuator.

20. The DMS counted, and measured the immovable affected properties and identified the owners and their places of residence with commune authorities. After identifying the affected assets, a census of the AHs was undertaken. The objective of the census was to identify the affected persons (APs) and generate an inventory of the social and economic impacts on the AHs/APs, the structures affected, socio-economic profile of the AHs/APs, their perceptions about the project and rehabilitation and resettlement options. The census and socio economic questionnaire are enclosed as Annex 1 and Annex 2 respectively. 2.2. Project Impacts 21. While the project road traverses through the four districts of Turakurgon, Chust, Pop and Namangan, the majority of the Project impacts would be concentrated in three of these districts. Namangam district would not experience any impacts on private assets as a result of this Project. Only Government land and trees on that land will be affected in Namangam district. 22. A total of 320 households comprising of 1839 persons will be adversely affected. The majority (220 AHs) is in the Turakugon district, followed by Chust (65 AHs) and Pop districts (35 AHs). (See Table 2.1 below)

Table 2.1 District wise Summary of Affected Households (AHs) and Persons

Description Turakurgon Chust Pop Namangan Total

Total AH 220 65 35 0 320

Total Affected Persons (APs)

1243 390 206 0 1839

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2.2.1. Impact on Land

23. The census identified that a total of seven types of land will be affected as a result of the Project. The details of impact on each of these land categories is presented in Table 2.2 below:

Table 2.2: Category of Land Affected and Ownership Status of Affected land

LAND CATEGORY In this LARP

According to Land Code of Uzbekistan category of

land

Category of Rights

Deed or document provided8

Land affected (in ha)

No. of Affected House holds (AHs)

Residential Land of populated areas (towns, settlement and rural populated areas

Lifelong inheritable possession

State Act granting the right for Lifelong inheritable possession.

4.9 165

Business Land of populated areas (towns, settlement and rural populated areas

Permanent possession

State Act granting the right for permanent possession,

1.3 57

Cropping farms

Land of Agriculture

Lease for 30-50 years

Contract

44.5

43

Orchard lands

Land of Agriculture

Lifelong inheritable possession

State Act granting the right for Lifelong inheritable possession.

33.2 55

Community utilized facilities

Lands of populated areas (towns, settlement and rural populated areas.

Permanent or temporary use

State Act granting the right for permanent possession

17.1 N.A

State/Public Buildings

Land of industry, transport, state enterprises communication, defense and other purpose

Permanent use

State Act granting the right for permanent possession,

6.4 N.A

Reserve Bare land, N/A N/A 123.1 NA

8 Some documents are issued by the Cabinet of Ministers. Others are issued by the district or regional hokim.

15

LAND CATEGORY In this LARP

According to Land Code of Uzbekistan category of

land

Category of Rights

Deed or document provided8

Land affected (in ha)

No. of Affected House holds (AHs)

Land reserve land, small street land, brook lands and all other land under control of district hokimiyat

TOTAL 230.5 320

24. A total of 230.5 ha of land would be required for the project. Of this, 146.6 ha of the land comprises of government land (Reserve Land, State/Public Buildings, Community utilized Facilities) whereas the remaining 83.9 ha of land comprises of individually held land.9 2.2.1.1 Impact on Cropping Farm Land 25. In Uzbekistan, land is under state ownership and owned by either the City or the District hokimiyat. In case of cropping farmland, depending on the availability of land in an area, the land is issued to individual households for temporary use on lease (between 30 to to 50 years) by the District Hokimiyat. 26. In line with the above, a total of 44.5 ha of cropping farmland will be affected as a result of this project. 43 leaseholder households are using this land. The main crops cultivated in the affected cropping farms mainly include groundnuts, potatoes, rice etc. 27. Severity of Impact on Cropping Farmland: Only one out of the 43 households incurring impact on their cropping farmland will experience significant impact (adverse impact on more than 10% of their productive assets) on their cropping farm. This household is from Chust district. (See Table 2.3)

Table 2.3: Number of AHs Losing Farmland by Location and Severity of Impact

Type of Asset

Turakurgon Chust Pop

Total

Severely (more than 10%)

Not Severely

(less than 10%)

Severely (more than 10%)

Not Severely

(less than 10%)

Severely (more than 10%)

Not Severely

(less than 10%)

Cropping Farm 0 14 1 12 0 16 43

9 In Uzbekistan, land is under state ownership and owned by either the City or the District hokimiyat. As per the

Official State Act, the District hokimiyat grants the right to land to individual households. The same have been

enumerated in Table 2.2 above.

16

2.2.1.2 Impact on Orchards 28. Of the total affected land, 33.2 ha land is under Orchards. As per the Uzbekistan land rights, the Official State Act grants the right for lifelong inheritable possession to individual households in case of Orchard land. A total of 55 AHs with lifelong inheritable land rights would be affected. Of these, 22 AHs are from Chust district, 18 AHs from Pop and 15 AHs are from Turakurgon district. 29. Altogether the 55 AHs have a total of 132.8 ha of land under orchards. The impacted portions represent approximtely 25% of the total area of their orchards. (See Table 2.4)

Table 2.4: District wise Detail of Orchards getting affected

Districts AH

Lands (ha)

Total Land

Affected Land

% of Loss

Turakurgon 15 15.2 2.8 18.2

Chust 22 64.8 15.9 24.5

Pop 18 52.82 14.5 28.3

Total 55 132.8 33.2 25.3

30. A total of 9434 trees comprising of 5 varieties of timber trees and 16 varieties of fruit bearing trees would be affected in these orchards. In 18 of the affected orchards, water shortage has led to felling of the trees by the owners and therefore these orchards were barren or with dried trees at the time of the census. In such cases, the owners will only be compensated for the land and not for the trees. 31. Severity of Impact: Of the 55 households incurring impact on orchards, 44 households will experience significant impact on their income (lose more than 10% of their productive asset). (See Table 2.5) Such households have been classified as severely affected households. Apecial assistance will be provided for these AHs.

Table 2.5: Number of AHs Losing Orchard by Location and Severity of Impact

Type of Asset

Turakurgon Chust Pop

Total

Severely (more than 10%)

Not Severely

(less than 10%)

Severely (more than 10%)

Not Severely

(less than 10%)

Severely (more than

10%)

Not Severely

(less than 10%)

Orchard 10 5 19 3 15 3 55

2.2.1.3. Impact on Residential and Commercial Land 32. A total of 4.9 ha of land for residential use and 1.3 ha of land for commercial use will be affected by the project. 33. As per the Uzbekistan land rights, Official State Act grants the right for lifelong inheritable possession to individual households for residential land. A total of 165 HHs with lifelong inheritable land rights would experience impact on their residential land.

17

34. In the case of land for commercial use, the district hokim issues permanent possession of land to individual household for businesses. A total of 1.3 ha of business land in the possession of 57 households would be affected. (See table 2.6)

Table 2.6: Districtwise Summary of Affected Households losing Residential and Commercial Land

Type of Loss

Name of the Districts Total Turakurgon Chust Pop

Residential 155 10 0 165

Commercial 36 20 1 57

Total 191 30 1 222 AHs

2.2.2 Impact on Residential and Commercial Structures

35. All the 222 AHs with affected residential and commercial land will also have their structures affected. The project will impact on the residential structures of 165 AHs, and commercial structures of 57 AHs. 36. Severity of Impact on Affected Structures: Of the 222 AHs, 214 AHs will experience severe impacts on their structures thereby making the structures non-livable necessitating relocation. A total of 161 residential structures and 53 commercial structures need to be relocated. (See Table 2.7)

Table 2.7: Summary of Severely Affected Households by District

Type of Loss

Districts Total (No. of

AHs)

Turakurgon Chust Pop

Severely Affected

Not Severely Affected

Severely Affected

Not Severely Affected

Severely Affected

Not Severely Affected

No. of AHs with

Affected Residential Structure

153 2 8 2 0 0 165

No. of AHs with

Affected Commercial

Structure

32 4 20 0 1 0 57

Total 185 6 28 2 1 0 222

37. All AHs will be compensated as per the entitlement matrix conforming to the principle of replacement cost. Special assistance will be provided in the form of relocation assistance, to restore living conditions and livelihood and mitigate impact on source of income. 38. Relocation Options Preferred: 214 AHs would need to be relocated to new locations. During the census, an attempt was also made to ascertain their relocation preferences. When asked about their relocation preference, all the 214 AHs opted for project-supported relocation. The AHs prefer to be relocated near their current location so as

18

to minimize disruption of their lives. They also voiced that they should also be consulted by the Project prior to finalizing the relocation locations. The detailed relocation strategy is given in a separate chapter in the LARP. 2.2.3 Impact on Crops 39. 44.5 ha of agricultural land is planted with groundnuts, potatowes, rice and other crops. The 43 AHs who lease these lands are also entitled to crop compensation. A crop loss impact has not been assessed in the preparation of this draft LARP. This will be determined during the final LARP preparation. loss of income from crops will be calculated based on 1 year production costs plus an allowance equivalent to 1 year average net income (based on income over the past 3 years) 2.2.4 Impact on Trees 40. A total of 16,117 trees would be felled along the proposed ROW belonging to a total of 94 AHs. This number includes 9434 trees, which are located in the affected orchards. 41. In Namangan, 180 affected trees are on government land. The remaining 15937 trees located in Chust, Turakurgon and Pop district are owned individually. (See Table 2.8 )

Table 2.8: District Wise Impact on Trees

Districts AH Fruit Bearing

Trees Timber Trees

Total Number of

Trees

Turakurgon 41 3278 570 3848 Chust 31 4576 3857 8433 Pop 22 3029 627 3656

Namangan Government 180 0 180

Total 94 11063 5054 16117

2.2.5. Impact on Income and livelihood 2.2.5.1. Impact on Businesses 42. Of the 57 AHs experiencing impacts on their business enterprises, 53 AHs will no longer be able to continue their business in their present location. These AHs will receive compensation as per the entitlement matrix, which includes replacement cost for structure, transition assistance for loss of income, livelihood restoration support and relocation assistance. 2.2.5.2. Impact on Employees of Affected Businesses: 43. The census also identified 104 employees in 37 affected business enterprises. (See Table 2.8). Majority of these employees are in Turakurgon district.

19

Table 2.8: District wise Details on the Number of Affected Employees

District Number of Affected

Business Enterprises

Number of Affected

Employees

Turakurgon 26 79

Chust 11 25

Pop 0 0

Namangan 0 0

TOTAL 37 104

44. These affected employees will be provided assistance for lost wages paid for the duration of work time disruption in line with the provision of the entitlement matrix of this LARP. 2.2.6. Impact on Government Land 45. The affected Government land in this LARP comprises of three categories namely (i) reserve land under the district hokimiyat such as bare land, reserve land, small street land, brook lands and all other land under control of district hokimiyat; (ii) Community Utilized Facilities (CUF) such as colleges, hospitals, cemeteries, public cultural places and other common property resources and (iii) state owned public buildings, institutions. 46. Impact on District Reserve Land: 146.6 ha of state owned land will be allocated for the road construction purpose. Out of this, the majority of the land (123.1 ha) comprises of District Reserve land and falls in Pop district. District reserve mainly includes bare land, riverside places, street land, etc and is with the District hokimiyat. 47. Table 2. 9 below presents the various type of Government land that would be acquired for the project.

Table 2.9: Table of Government owned Land required for the Project (ha)

Type Of State Land

Turakurgon Chust Pop Namangan Total

District Reserve Land

0.9 3.7 118.4 0.0 123.1

Community Utilized facilities

3.0 3.3 10.8 0.0 17.1

State/Public Buildings

5.0 0.0 0.4 0.96 6.4

Total 9.1 7.1 129.5 0.96 146.6

48. Impact on Community Structures and/or Community-Utilized Facilities (CUF): Apart from District Reserve Land, a total of 17.1 ha of land under community-utilized facilities would also be affected as a result of the Project thereby impacting a total of 17 community structures. The details of the community-utilized facilities that would be affected as a result of the acquisition of this land are enumerated in Table 2.10 below:

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Table 2.10: District wise details of the Affected Community Utilized Facilities

Name of the District Type of Community Utilized Facilities (CUF) getting affected

Turakurgon

A market yard,

2 Cemeteries,

2 college outer area,

Outer Area of a kindergarden,

Outer area of a Hospital,

Outer Area of Culture House

1 Mahalla building and

Outer areas of 3 mahallas.

Chust

Internal streets,

Outer area of a College,

Outer area of a cotton plant,

Pavements

Pop Pavements and small public streets

49. Rehabilitation of the Affected CUFs: To preserve the local customs and safeguard the local community interest, the project has taken special measures to minimize impact on spiritual places along the road section. In case of the spiritual places such as cemeteries, which were identified as affected by the project, as part of the project design, it was mandated that only walls will be removed (relocated to a new place) with no impact on the graves. The RRF will assist in building the walls to a new place.

50. Similarly, the affected CUFs will be restored or compensated at the replacement market value price as part of this Project. Appropriate budget provision has been kept on the budget for the same. 51. Impact on State/Public buildings: 6.4 ha of land under Public Buildings would also be acquired thereby affecting the following enterprises and institutes. (See Table 2.11)

Table 2.11: District wise details of the Affected Public Buildings

Name of the District Type of State Enterprises getting affected

Turakurgon

Bus station structures, outer areas of State enterprises such as Gas Supply organizations, Police department, Museum, Fire Police, Machine and truck park’s outer area, Research Institutes, Experimental agricultural land.

Chust Bus station and Water Users Association building

Pop Land of the Research institute and Outer area of the District Power Supply office

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2.3. Vulnerability Status of the Affected Households 52. The census noted 113 AHs as vulnerable households. The poverty criteria based on income for Uzbekistan is equivalent to US$1.6510 per day per capita. Each AH in the project location would require income of US$9.9 per day to be above the income poverty line. 53. Out of the 113 vulnerable AHs, the most number comprise of low-income households (42 AHs) and household heads with disability (39 AHs), followed by 20 woman-headed households and 4 elderly-headed households with unemployed11 members. In addition, 8 of the affected households comprise of households with multiple socio-economic vulnerabilities i.e. low-income households with a disabled household head. No indigenous people households will be affected. The district wise distribution of the vulnerable AHs is presented in Table 2.2 below.

Table 2.2: Vulnerability Status of the Affected Households

Districts

Type of Vulnerabilities Total Number of Vulnerable

AHs

Low income

Disabled headed

Woman headed

Elderly headed

Multiple Vulnerability

Chust 7 6 4 0 1 18

Pop 2 3 2 0 0 7

Turakurgon 33 30 14 4 7 88

Total 42 39 20 4 8 113

54. The entitlement matrix provides for measures for mitigating the impact on the vulnerable AHs. The vulnerable AHs will be entitled to special assistance over and above the compensation for affected assets in order to ensure that they are able to restore or improve their pre-project standard of living. 2.4. Perception on Project Benefits 55. During the census, all the 320 AHs voiced that the project is critical for the development of their villages and region. Good and all weather roads are essential for efficient transportation facilities, increased trade, investment and increase in employment and business opportunities. AHs are supportive of the project even though it means loss of their assets. For the loss of assets, they said that they understood and accepted that the same was necessary for the greater good of their communities. However, the AHs stressed the need for adequate and timely compensation.

10

This data is based on Resolution # 165 of Cabinet of Ministers of Uzbekistan (07.06.2012) and calculated as 1.5 times minimum salary wage per person in the family. Due to USD exchange rate fluctuations this data is subject for fluctuations accordingly, but minimum flat rate is accepted as 1.65 USD 11

Have no main or secondary occupation.

22

III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED POPULATION 56. The following section presents the analysis of the key field data collected during the census survey to elucidate the understanding of the socio-economic profile of the project affected households. The findings have been organized as demographic and social characteristics, economic profile, asset ownership and access to services. 3.1. Demographic and Social Characteristics 57. Household Size: 320 AHs would be affected as a result of the project. As described in Table 3.1 below, the 320 HHs comprise of 1839 APs with 51% males and 49% females. (See Table 3.1) The average household size is 6 members per household with the largest household comprising of 18 members and the smallest comprising of 1 member. (See Table 3.2)

Table 3.1: Gender distribution of affected persons

Districts No. of AHs No. of APs No. of Male No. of Female

Chust 65 390 205 185

Pop 35 206 111 95

Turakurgon 220 1243 615 628

Total 320 1839 931 908

% 100% 50.6% 49.4%

Table 3.3: Family Size of Affected Households

Districts No. of AH No. of APs

Minimum HH size

Maximum HH size

Average HH Size

Chust 65 390 2 14 6

Pop 35 206 3 15 6

Turakurgon 220 1243 1 18 6

Total 320 1839 1 18 6

58. Education Status: Of the 1839 APs, 1322 persons over the age of 15 have formal education. Remaining 517 APs, below the age of 15 were not included in the survey. Of the 931 males in the affected population, 657 males have formal education. In case of women, 665 out of 908 females have formal education. The formal education rate among females was found to be higher than their male counterparts indicating a positive gender status. 59. Amongst the 657 males with formal education, 308 males comprised of those with elementary education, followed by 227 males who have studied till college and 122 males who have higher secondary education. Interestingly in case of females, out of the 665 females with formal education, 371 comprised of those with elementary education, followed by 215 females who have obtained college education and 79 females who have studied still higher secondary education.

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3.2. Economic Profile 3.2.1. Main Economic Activities:

60. Among the household heads, 32% household heads are dependent upon agriculture as their primary source of income whereas 29% of the household heads works in government. Around 22% of the household heads are engaged in small businesses and enterprises and 9% are engaged in the service sector. The remaining household heads comprised of retired people, unemployed and others. (See Table 3.3)

Table 3.3: Main source of income of the Head of the Affected Households

Main Source of Income No. of HH Heads

%

Agriculture (heads of farm, farm-worker) 104 32

Government employees 92 29

Business 72 22

Handicrafts 28 9

Unemployed 5 2

Retired 13 4

Other (house keeper, seasonal worker) 6 2

Total 320 HHs

100%

61. Male-Female Work Participation: In terms of gender roles in the economic realm, men were found to be dominating agriculture work, business activities, handicraft making and government services as compared to women in the area. Despite their high level of education, women in the affected households are largely confined to household activities and not engaged in income-generation activities. (See Table 3.4. below)

Table 3.4: Affected Persons’ Work Participation by Gender

Type of Work No. of Affected Persons

Males % Females % Total %

Agriculture (heads of farm, farm-worker)

159 72 61 28 220 100

Government employees 151 53 132 47 283 100

Business 85 82 19 18 104 100

Handcrafts 56 68 26 32 82 100

Unemployed 75 68 35 32 110 100

Retired 60 33 120 67 180 100

Other (house keeper, seasonal worker)

3 1 223 99 226 100

Not Applicable 342 54 292 46 634 100

Total 931 51 908 49 1839 100

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62. Household Expenditure: The poverty criteria based on income for Uzbekistan is equivalent to US$1.6512 per day per capita. As mentioned earlier, the average family size found among the AH is 6. Considering the same, A household would require income of US$9.9 per day to be above the income poverty line. 63. The census data shows the average expenditures of the AHa. As can be seen in table 3.5 below, in none of the three districts, the average daily expenditure for a household is above the accepted income norm of US$ 9.9. On the other hand, the maximum daily expenditure of the AH is at least 4.6 times more than US$ 9.9. Thus clearly in matters of family expenditure, the HH require to earn 4.6 times more than US$ 9.9 to take care of their household needs. 64. In terms of per person expenditure too, the minimum per capita expenditure is considerably less than the accepted income norm of US$ 1.65. A person would have to earn at least 4 times more to meet the expenditure of US$ 7.4 (which is the lowest figure in the maximum expenditure column in table 3.5 below).

Table 3.5: Daily Expenditure Per capita of AHs (US$)

Districts No. of AHs

No. of APs Expenditure per AH Expenditure per capita

Min Max Average Min Max Average

Chust 65 390 7.4 45.9 14.9 1.2 7.4 2.4

Pop 35 206 7.2 87.3 18.0 1.2 14.4 3.0

Turakurgon 220 1243 3.4 57.0 13.9 0.6 10.0 2.4

Total 320 1839 3.4 87.3 15.6 0.6 14.4 2.6

Notes: Min= Minimum, Max= Maximum 65. Indebtedness Status: 14 AHs comprising of 76 APs have taken debt from various sources for meeting household needs such as for construction of a house or defray unexpected occurrences such as illness in the household. Details of these debts (minimum and maximum amount borrowed and returned) are presented in table 3.6 below.

Table 3.6: Indebtedness Status of the AHs (UZS)

Districts HHs APs Debts (in UZS) Debts paid (in UZS)

Min Max Ave rage

Min Max Ave rage

Chust 4 29 300 56000 22767 200 30000 10733

Pop 1 4 76000 76000 76000 20000 20000 20000

Turakurgon 9 73 550 69000 22093 4000 45000 18000

Total 14 76 300 76000 40287 200 45000 16244

Notes: Min= Minimum, Max= Maximum

12

This data is based on Resolution # 165 of Cabinet of Ministers of Uzbekistan (07.06.2012) and calculated as

1.5 times minimum salary wage per person in the family. Due to USD exchange rate fluctuations this data is

subject for fluctuations accordingly, but minimum flat rate is accepted as 1.65 USD

25

3.3. Access to Household Utilities 66. Water: Of the 320 AHs, 218 AHs have access to piped water supplied by the local water supply company while the remaining AHs rely on water extracted from deep-water wells that is generally of relatively good quality but has to be boiled for cooking and drinking purposes, especially for younger children and older adults. None of the AHs purchase water for domestic consumption. 67. Toilet/Bathroom: All AHs have toilets and bathrooms in their houses. The toilets and bathrooms are detached from the main living accommodation of the housing compound and are quite typical of rural households in Uzbekistan. This ensures sanitation and hygiene in the households. 68. Electricity: All AHs have access to electricity. Electricity is used for washing and sometimes drying clothes, lighting, refrigeration, heating, cooling, and watching television. For heating purposes majority of the AHs were found to rely on coal rather than electricity. 3.4. Access to Tele-Communication 69. Telecommunications: While all 320 AHs own at least one mobile phone, 10 households also have a landline phone. Overall most of the APs prefer the convenience and reliability of mobile phones over fixed landlines. None of the AHs has access to cable internet, as there are limited Internet outlets in the districts. Nonetheless, households have access to Internet via mobile or USB modems. 70. Television and Radio: All 320 AHs own at least one color television set and over half own at least one DVD player. Similarly all AHs own at least one radio. 71. Transport: Almost 30% of the AHs own at least one vehicle. Majority of the APs rely on bicycle for intra-village journeys or transport services provided at a local level by private transport operators.

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IV. INSTITUTIONAL ARRANGEMENT 72. This section provides a comprehensive assessment of institutional capacity and resource capability for preparing, implementing, and monitoring resettlement activities, and describes additional measures necessary to enhance institutional capacity. It describes the organizational procedures for delivering entitlements; and describes the implementation process, including how resettlement preparation, approval, and implementation will be linked to contract awards and the start of the project’s civil works. 73. The main institutions that will be involved in LAR activities are Republican Road Fund/ Road Fund as executing agency (EA), Project Management Unit (PMU) Safeguard Team, Design Institute (DI), Project Consultants (PC), Provincial (Province) and District (District) and municipal towns authorities, Goskomzemgeodezcadastre (State Committee on Land Resources, Geodesy, Cartography and State Cadastre (SCLRGCSC) at district level. 4.1. Republican Road Fund (Road Fund) – PMU

74. The Road Fund will have overall responsibility for all aspects of the program. The Program Management Unit (PMU) within Road Fund will be responsible for the day to day management of the Program including cross-agency coordination, and via the Safeguard Team (ST) for LARP implementation and monitoring the compensation and disbursement. 75. The Safeguard Team (ST) under PMU will be directly involved in all LAR related planning, implementation, inter-agency coordination, monitoring and reporting. They will receive supports from the Project Appraisal Consultants (PAC) of the Program and benefit from inputs from the Design Institute (DI), district/municipal executive powers and SCLRGCSC as appropriate. The Safeguard Team in collaboration with the DI will review the LARPs. 4.2. Design Institute (DI)

76. The Design Institute will be in charge of elaborating the design and construction documents for the project. It will collaborate and work closely with the PMU/ Safeguard Team and PAC to:

(i) look for measures and alternatives to avoid and minimize land acquisition and resettlement impacts;

(ii) assemble all documents required for compensation; (iii) carry out topographic surveys of the expropriated land and replacement

lands; (iv) elaborate layouts indicating the location of the worksites and the permanent

infrastructures and the perimeter of the required surfaces differentiating the land use patterns in the areas being occupied to serve as a base for the selection of compensation land;

(v) Conduct land marking and pegging of the land assigned for temporary use and permanent occupation of acquired land.

4.3. Regional and District State Committee on Land Resources, Geodesy, Cartography and State Cadastre

77. This is a permanent committee at Provincial and District level. However it plays an enhanced role throughout implementation. It is responsible for:

27

(i) identifying land losses incurred by land owners and land users plus agricultural output losses;

(ii) determining the degree and area of land restitution, including removal and temporary storage of productive soil layer;

(iii) determining the need for protective sanitary and water protection zones around constructions;

(iv) preparing proposals on allocation of land plots of equal value under land for land;

(v) investigating alternatives to acquiring currently used land through developing unused land;

(vi) approving the Implementation Act and the attached plan; (vii) amending government edicts on land use and land ownership as well as other

cadastre documents. 4.4. Province/District Government

78. Local government agencies involved in the LARP review and implementation are Province (Province) and District (District) Executive Authorities who will form the Province Commission on Land Acquisition and District Evaluation Commissions. These will form a provincial land acquisition and resettlement committee (PLARC) which will undertake the following: (i) outline locations of constructions and structures affected by the project; (ii) select land for construction sites; (iii) prepare and approve legislation for the right (lease) to use land plots and; (iv) approves the Act for the right to use the land plot. 79. In addition to permanent members, the Commission may include representatives of Road Fund, as well as affected legal entities and individuals. 80. The PLARC will also estimate losses of landowners and land users in accordance with ADB policy SPS 2009. The Commission will prepare Acts for the right to specific plots of land specifying the acquired land area and losses and allowances as determined under the LARF entitlement matrix. 81. It is proposed that Land Acquisition and Valuation Committee as part of the PLARC composed of the following members:

(i) Road Fund PMU (ii) Provincial/District Department of Uzavtoyul (state joint stock company) (iii) Provincial/District Department of Agriculture and Water Resources (iv) Provincial/District of Environmental Protection (v) Organizations to which the alienated land has been transferred for use (Road

Fund as EA, PMU/ST and DI). (vi) Mahalas leaders, NGO, Dehkan Association (as relevant) (vii) Representatives of the affected people

82. Farmer’s and Dehkan Associations (FDEA) and Mahalla authorities will be involved in resettlement activities to ensure the rights and interests of affected households. 83. Implementation of LARP will require close coordination with the local Mahalla and farmer associations. This coordination will help RRF in the following:

(i) Dissemination information related with LARP; (ii) Checking timely disbursement of compensation to displaced HHs; (iii) Obtaining early warnings on the grievances of displaced HHs; (iv) Verifying as to whether the Vulnerable displaced HHs were identified

according to requirement laid down in this LARP; and

28

(v) Obtaining information regarding any unexpected impacts, if any, being incurred by the displaced HHs.

4.5. Independent Valuation Firms

84. Independent Valuation Firms will comprise of an accredited private firm with valid license for valuation activities. These firms will be involved both by displaced households and if required by the PMU to estimate the replacement cost of the affected assets. 4.6. External Monitoring Consultant

85. Implementation of the LARP will be subject to external monitoring. This external monitoring will be conducted by a qualified External Resettlement Consultant to be engaged by the PMU as per the Terms of Reference, which has been approved by ADB. The monitoring aspect of LARP implementations is discussed in detail in Section XIII of this LARP. 86. Figure 4.1 below illustrates the Institutional and Project Implementation arrangement for this Project.

Figure 4.1: Project Implementation Arrangement

Consultation Information exchange Reporting

Asian

Development

Bank (ADB)

Road Fund

Environment and

Resettlement

Consultants of

Project

Management Unit

(PMU)

Displaced Households

Independent Monitoring

Oblast and District

Khokimiyat

District office of Land

Resources and Cadastre

Department (including

Land Acquisition and

Valuation Committee and

Land Acquisition and

Resettlement Commission)

Design Institute

Farmer association, Mahalla committee

Independent Valuation Firm

29

V. PUBLIC CONSULTATON, INFORMATION DISSEMINATION AND DISCLOSURE 87. Public consultations were carried out in all affected districts. Apart from the AHs, the participants in these public consultations included representatives of local communities and government organizations. More than 50% of the local people participating in the consultations comprised of women. Apart from these group consultations, consultations and discussions were held with each of the AHs during the time of the survey. 88. The key objectives of the consultations were to: (a) identify and help address affected household concerns related to the preparation and implementation of the LARP; (b) get inputs on affected household preferences for the type and delivery of compensation; and (c) minimize affected household apprehensions and ensure transparency in LARP activities. There were 19 consultations that were held during the census. The venue, number, dates of the consultations and number of participants are summarized in Table 4.1.

Table 4.1: Venue, Date and Participants in the Consultation Meetings

№ Consultation place Number of meetings

Number of participants

Date of Consultations

1

Turaqurgon’s Hokimiyat (meeting with Deputy of Hokim, Cadastre, leaders of makhallas)

1 20 15.09.2012

2 Guliston makhalla office

1

8 16.09.2012

Sharq 7 16.09.2012

Elhon 2 16.09.2012

3 Chust-Kuprik

1

2 16.09.2012

Toshkent 6 16.09.2012

Isfahon 9 16.09.2012

Turkiston 6 16.09.2012

4 Porosmon 1 34 16.09.2012

5 Turaqurgon’s Hokimiyat (meeting with businessman)

1 20 17.09.2012

6 Chust MMTP (meeting with residents and businessman),

3 15 18.09.2012

7

Turaqurgon Electroset office (RES) (meeting with residents), visit houses and meeting affected people

5 25 19.09.2012

8 Pop MMTP (meeting with businessman)

1 10 20.09.2012

9 Gurumsaroy (Pop region) (meeting with farmers and gardeners)

1 12 20.09.2012

10

Chust Hokimiyat (meeting with authorities, head of region\s Statistic, Cadastre, farmers)

1 8 21.09.2012

11 Pop Statistic (meeting with deputy of head)

1 3 21.09.2012

12 Chust MMTP (meeting with businessman)

1 12 22.09.2012

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№ Consultation place Number of meetings

Number of participants

Date of Consultations

13 Pop Statistic (meeting with deputy of head)

1 2 22.09.2012

Total 19 201

89. During the public consultation meetings, the community raised several important questions. The RRF, local hokimiyats, cadastral officers and social safeguard team addressed these questions. The questions/queries were related to land acquisition and resettlement. Table 4.2 below presents the main queries raised and the responses to the same.

Table 4.2: Main Issues Addressed during the Consultations

Queries Responses

Whether cadastral value or market/replacement value of the building will be paid as compensation?

Compensation at replacement cost will be paid

Who to apply to get market/replacement value for the affected structures, trees?

Independent certified valuation company will be involved for the same.

When is the deadline for valuation on independent valuator

It is advised to start the valuation after the final design completion and drawing the red lines

Who will pay for the valuation fee? Affected households will pay and RRF will compensate in accordance with submitted invoice or contract

Can the affected household continue to live with remained land plot?

Yes, if there will be an additional family then land plot will be given per affected family

What will be the maximum size of allocated land plots

It will be 600 m2 per AH

Who will be entitled for compensation and what is the definition of illegal and unregistered affected household

All AH together irrespective if titles are entitled for compensation. Illegal and unregistered are those HH that has no formal document proving that the affected property belongs to them.

Can they be still entitled to get additional land plot for their additional families

Yes, but for this you have to submit formal document from makhalla as a proof.

When will the final design be ready and how will the Affected household know about red lines to be drawn?

Final design is planned to be completed beginning of next 2013 year.

When will the construction start? September 2013

Will they be entitled for loss of tree? Yes, it also has to be evaluated by independent valuation company to ascertain the market value.

How will the affected household live/fend for themselves during the construction of their new building period.

During this transition period all affected household that are losing their residential asset will be entitled for rental payment up to 2 years.

In case affected household are not satisfied with the compensation they get, whom should they approach?

A disclosure meeting will be organized to provide detailed information regarding the regarding the grievance redressal

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Queries Responses

mechanism.

Can the affected household receive cash compensation in advance and build their houses before demolition

It will be discussed by RRF and local hokimats and in disclosure meeting this issue will be resolved

Is it possible to minimize the impact of expansion of road?

At present the technical design has reduced the width of road in residential area from 40 m to 37m and as required/necessary along the whole road section.

Is it possible to relocate the affected household as close as possible to the current location as they have available land area in close by?

Local hokimiyat will try to relocate as many HH as possible to a closer area.

Would it be possible to avoid relocation activities during winter period

Yes, in accordance with Uzbek law it is prohibited to relocate people from 15.10.12 till 15.04.13

Would the Project offer employment opportunities during the implementation of the Project

This LARP considers giving priority waged employment opportunity for severely and vulnerable affected household.

And if so what type of employment opportunities would be available and moreover would there be some ongoing employment opportunities once the Project is fully implemented

Mainly the construction work type, waged employment, other works that requires special road construction skills.

Will vulnerable group of people be entitled for some assistance

Yes, social allowances will be considered and these will be disclosed during the disclosure workshop. Special provisions have been incorporated in the LARP for them.

Can the felled trees be taken by the AH even after valuation for compensation?

Yes, the owners can retrieve all the trees felled, as a result of the Project, even after they have received compensation for the trees.

Can the affected household start to cut the timber and fruit bearing trees from now on?

No, it is advised to evaluate and wait for the final design. Only after red lines will be drawn and evaluation process, getting compensation you can cut off your trees.

Will it be possible to use the salvageable construction materials from demolished building and structures for free.

Yes, this LARP will consider remaining salvageable building materials under disposal of affected household.

Who will get compensation for business structures in case the real owner issues power of attorney or in case just verbally it was transferred to current owner

If the present owner has any kind of document that shows previous owner has given that business then it will be enough to give compensation to current owner. This will be clearly discussed during the allocation of compensation.

When will the construction start because they want to plant some plants and is there any guarantee that they will be able to harvest next year

Construction will be started in accordance with schedule from September, 2013

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90. The main issues that were brought forth in the consultations are have been summarized below:

i. Valuation of Assets: The AHs and general community were found supportive of the project even though it required acquisition of their land and other assets. With regards to the compensation for these assets, the participants of the consultation were curious about the process of valuating the assets. Further they emphasized that they should be compensated using the principle of replacement value than cadastral value of assets. The participants were assured that the project would valuate the affected assets at replacement values only.

ii. Payment of Compensation: Apart from valuating the affected assets at

replacement value, the affected households insisted that they should be given compensation on time. The participants of the consultation especially the affected households said that they needed to be paid the compensation well before the commencement of civil work of the project. Also they said that the compensation amount has to be paid in one installment.

iii. Notice before Demolition of Structures: The affected households said that

the HH whose structures would be demolished should be given enough notice before the demolition. This would help them prepare for relocation and would smoothen the shifting of assets for them.

iv. Consultation on Relocation Locations: During the consultations, relocation

options were discussed and finalized (discussed in Relocation of Housing and Settlement chapter later) along with the affected households. The affected households said that they should be consulted on the relocation site before finalizing the same.

v. Commencement of Civil Work: The affected households probed on the

schedule of the LARP implementation and civil work. They were of the opinion that the schedule and progress of the project should be communicated to them at regular intervals.

91. This LARP will be updated as per the detailed design. The consultation cycle as taken during preparation of this LARP will be repeated during updating of the LARP. Information will continue to be disseminated to APs at detailed design and LARP implementation stage. 92. Information Disclosure: Disclosure meeting describing the current LARP will be organized in November-December 2012 to all AH in all affected districts. The meetings will be held separately at each mahalla in order to explain and answer in detail to all the questions of AH. A leaflet in local language(s) will be distributed to each AH during the disclosure meetings. The leafelet will describe the project and land requirement for the project, the entitlement matrix, as well as the grievance mechanism, and LARP implementation schedule. 93. The LARP will be translated in local language(s) and displayed in public offices such as schools, hospitals etc in each of the districts and villages as well as on government and ADB websites. Report of the disclosure workshop would be prepared and uploaded on ADB website.

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VI. GRIEVANCE REDRESS MECHANISM

6.1. Grievance Redress Mechanism 94. The APs will have the right to file complaints and queries on any aspect of land acquisition compensation, and resettlement. The RRF will ensure that grievances and complaints on any aspect of the land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner. All possible avenues are made available to the APs to resolve their grievances at the project level. However, APs are free to address their complaints to the courts at any time and not only after using the GRM. Under the proposed project level grievance mechanism, affected households may appeal any decision, practice or activity connected with the assessment or valuation of land or other assets, acquisition and compensation. All AHs will be made aware of the procedures they can follow to seek redress, including, if necessary resort to the courts through the Government’s grievance mechanism. The Project Grievance Mechanism will be disseminated via the LARP leaflet that will be distributed to affected households through the mahalla or village assembly of citizens or farmers councils during the disclosure workshops. 6.2. Grievance Redress Mechanism 95. The PMU of RRF will establish a simple and accessible Grievance Redress Mechanism. Figure 5.1 gives the details of the grievance redress mechanism. The GRM provides a number of avenues and levels for grievance resolution and appeals process. 96. The main objective behind project specific grievance mechanism is to ensure timely and user-friendly solution to the complaints received from the AHs. However, the Project Grievance Redress Mechanism does not prevent any AP to approach the national/ Government legal system to resolve their complaints at any stage of the grievance redress process. The APs can address their complaints to the courts at any time and not only after using the GRM. 97. Level 1 (Mahalla/Village Assembly). Under this project grievance redress mechanism, complaints can be submitted to Mahalla, Village Assembly of Citizens, Farmer Councils, Women Association or directly to RRF. The mahalla/village assembly will try to resolve or clarify the issue within 1 week. Unresolved issues will be referred to the district hokimiyat GFP.

98. Level 2 (District Hokimiyat). Usually, the District Hokimiyat will be the entry point for receiving complaint or known as a Grievance Focal Point (GFP)13. In case, complaint is submitted to the GFP, the GFP will establish a contact with the RRF and its PMU, mahalla and other bodies such as village assembly of citizens, farmers councils of which AH are members and will try to resolve the issue within 1 to 2 weeks. 99. Level 3 (Project Management Unit). The RRF through its PMU on a regular basis (weekly or as needed) will check with the GFP whether any complaint is received by GFP. The PMU, on receipt of a complaint from GFP or any other local bodies, will immediately take the following actions:

(i) Will inform the complainant within 2 days (ii) Inform ADB office both resident mission and HQ; (iii) Establish complaint handling team with members Head of PMU,

representatives from RRF area representative office, District Hokimiyat: Cadastral Department, and Mahalla or Village Assembly of Citizens or/and

13

Under the Government Grievance mechanism, the District Hokim is designated as the Grievance Focal Point.

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Farmer’s Councils, or/and Women Association. The team will be headed by one of the RRF management staff designated for handling grievances of the project.

(iv) The team will consult the complainant and gather complainant’s concerns; (v) The team will also take advise from independent valuator (in case of

grievances related to valuation) (vi) All complaints will be resolved in 15-20 days, and in case additional details

are required, a maximum of 30 days will be used to resolve and close the complaint.

(vii) If complaint is not resolved by Project Grievance Mechanism Team, the PMU will inform ADB office and District Hokimiyat regarding the same.

100. Level 4 (Provincial Hokimiyat). If a grievance is not resolved within 30 days, the complainants or her/his representative can submit its complaint to the provincial hokimiyat. The Provincial hokimiyat will also have 15 calendar days to resolve the complaint. 101. Level 5 (Court). If the complaint is still unresolved, the complainant can submit his/her complaint to the appropriate court of law. 102. The grievance mechanism applies equally to affected households who wish to seek grievance in Namangan, Turakurgon, Chust, and Pop. When reference is made to the Mahalla, it is to the Mahalla that the affected households are a member of. In massives where