Resettlement Planning Document

Resettlement Framework Document Stage: Revised Project Number: 40333-01 June 2007

AFG: Road Network Development Program Multitranche Financial Facility

Prepared by Ministry of Public Works

The resettlement framework 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.

TABLE OF CONTENTS

LIST OF ABBREVIATIONS 3 GLOSSARY 4 A. INTRODUCTION 6 B. REVIEW OF AFGHANISTAN POLICY AND ADB REQUIREMENTS 7 C. RESETTLEMENT PRINCIPLES FOR THE PROGRAM 11 D. COMPENSATION ELIGIBILITY AND ENTITLEMENTS 12 E. INSTITUTIONAL ARRANGEMENTS 16 F. PUBLIC CONSULTATION AND DOCUMENTS DISCLOSURE 18 G. GRIEVANCE REDRESS MECHANISM 19 H. RESETTLEMENT BUDGET 22 I. MONITORING AND EVALUATION 22 J. IMPLEMENTATION MECHANISM AND PROCESS OF RP PREPARATION 23

LIST OF TABLES Table 1 Comparison of ADB’s Resettlement Policy and Land Acquisition Law of Afghanistan..10 Table 2 Entitlement Matrix .......................................................................................................13 Table 3: Agencies Responsible for Implementation of Resettlement Plan .........................26

LIST OF FIGURES Figure 1: Institutional Arrangement for the Planning and Implementation of Resettlement

and Rehabilitation Program ..............................................................................................16 Figure 2: Process of Grievance Redress ................................................................................21 Figure 3: Steps for Resettlement Planning and Resettlement Plan .....................................25

LIST OF ANNEXES

Annex 1 Standard Outline for Full Resettlement Plan Annex 2 Standard Outline for Short Resettlement Plan

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List of Abbreviations ADB Asian Development Bank AF Affected Family AP Affected Person CPFPG Compensation Policy Framework and Procedural Guidelines DMS Detailed Measurement Survey EA Executing Agency EMA External Monitoring Agency EPA Environmental Protection Agency ESU Environment and Social Unit GRC Grievance Redress Committee IP Indigenous Peoples IPDF Indigenous People’s Development Framework IPDP Indigenous People’s Development Plan IPSA Initial Poverty and Social Assessment LAC LAR Committee LAL Land Acquisition Law LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LARU Land Acquisition and Resettlement Unit LCC-LAR LAR Coordination Committee LSC-LAR LAR Steering Committee M&E Monitoring and Evaluation MFF Multi-tranche Financing Facility MPW Ministry of Public Works MRM Management Review Meeting NGO Non-Government Organization OM Operations Manual PDD Planning and Development Department PIU Project Implementation Units PMU Project Management Unit RF Resettlement Framework RP Resettlement Plan SRP Short Resettlement Plans TOR Terms of Reference

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Glossary Affected Family- All members of a household residing under one roof and operating as a single economic unit; who are adversely affected by the Project or any of its components. It may consist of a single nuclear family or an extended family group. Affected person/people- All the people affected by the Project through land acquisition, relocation, or loss of incomes; and include any person, household [sometimes referred to as project affected family (AF)], firms, or public or private institutions. APs, therefore, include i) persons whose agricultural land or other productive assets such as trees or crops are affected; (ii) persons whose businesses are affected and who might experience loss of income due to the Project impact; (iii) persons who lose work/employment as a result of Project impact; and (iv) people who lose access to community resources/property as a result of the Project. Compensation- Payment in cash or in kind of the replacement cost of the acquired assets. 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 APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. Detailed measurement survey- The detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground. Entitlement- Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Inventory of losses- The pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Land Acquisition- The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration. Non-titled- 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 title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation. Poor- Those falling below the official national poverty line (equivalent to 2,350 calories per day) of Afghani 848.79 per person per month (2004) Rehabilitation- Compensatory measures provided under the Policy Framework on involuntary resettlement other than payment of the replacement cost of acquired assets. Relocation- Physical relocation of an AP from pre-project place of residence.

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Replacement cost- The method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Resettlement - All measures taken to mitigate any and all adverse impacts of the Project on AP’s property and/or livelihood, including compensation, relocation (where relevant), and rehabilitation. Sharecropper- The same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest. Significant impact- If 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). Vulnerable- Any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; (viii) marginal farmers (with landholdings of five acres or less) and (ix) households losing more than 10 % of the productive asset.

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A. Introduction

1. Islamic Republic of Afghanistan (Afghanistan), through the Ministry of Public Works (MPW), will implement the road improvement masterplan2 (the Masterplan) prepared with assistance from the Asian Development Bank (ADB). In accordance with its country partnership strategy (2007-2011), ADB will finance part of the Masterplan, the Road Network Development Program (the Program), through a multi tranche financing facility (MFF). The Program will be comprised of several discrete projects (Projects), which will be implemented sequentially over 10 years. Each Project will be comprised of one or more of the following components: (i) infrastructure improvement; (ii) capacity development; and (iii) ancillary and emergency works. 2. Infrastructure improvement component will include construction, rehabilitation, and repairing of road and related infrastructure as programmed in the Masterplan during the period 2007 to 2016. The main objective of the second component is to increase the sustainability of Program and increase MPW’s capacity to deliver its mandate effectively. Ancillary and emergency works component will include repair, rehabilitation and construction of roads or related infrastructure that are not programmed or part of the Masterplan. These may include repairs of conflict induced damages, damages due to natural causes, and provision of road related infrastructure such as off-road service areas. Changes to preliminary designs of ongoing projects financed by ADB and other development partners will also be included under this component. The expected works in components (i) and (iii) will be mostly contained within the existing rights-of-way (ROW). 3. Approximately 8000 km of regional and national roads have been identified and prioritized in the Masterplan for improvement. The main collective outputs of Program would be: (i) at least 450 kilometers (km) of roads - improved; (ii) road network development – accelerated; (iii) preservation of road assets - formalized. The first Project (Project 1) in the Program will help: (i) complete the improvements to the ring road by constructing a 143 km road between the towns of Leman and Bala Murghab; (ii) initiate the organizational restructuring and business process reengineering of MPW; (iii) produce annual investment plans and programs; and (iv) formalize contractor and consultant registration and evaluation. The physical works in Project 1 will include preparation of the roadbed, paving, and installation of traffic control and safety features. 4. This Resettlement Framework (RF) has been formulated3 to guide the preparation of resettlement plans (RPs) or short resettlement plans (SRPs), whichever is applicable4, when implementing any of the Projects financed from the Facility. It outlines the policies, procedures, and institutional requirements for preparation and implementation of RPs when a Project component is deemed to require involuntary resettlement and/or land acquisition. The Project 2 ADB. 2004. Masterplan for Road Improvement Project. TA 4371-AFG. Manila. 3 In accordance with ADB’s Involuntary Resettlement Policy (1995) as well as national policy instruments, laws, particularly the provisions made under Law on Land Acquisition in the Constitution of Afghanistan. The Compensation Policy Framework and Entitlements for this project are formulated with reference to the salient sections of Law on Land Acquisition and the ADB’s Policy on Involuntary Resettlement (1995). 4 Resettlement is significant when 200 or more people experience major impacts. Major impacts are defined as involving affected people being physically displaced from housing and/or having 10% or more of their productive, income generating assets lost. If impacts are found to be significant, full RPs will be prepared for each subproject. If impacts are not significant, short RPs will be required for project preparation. A SRP covers the same issues as that of a full RP, as relevant, but in less detail.

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Management Unit (PMU) of MPW through Project Implementation Units (PIU) assisted by experts engaged under each loan or on-going projects will be responsible for conducting the social assessment and preparation of RPs as per this RF. Preparation of adequate due-diligence plan subdividing areas in two categories, i.e. where LAR is required and where no LAR is required, will be a pre-condition for initiating any civil work activity in any point on the road. Also, preparation and implementation of the RPs will be a pre-condition to initiate civil works in areas where LAR is required. The draft RPs will be disclosed in local language to the affected persons (APs) and affected families (AFs), and submitted to ADB for review and approval prior to the award of civil works contracts for relevant roads. Compensation and other assistances will be paid to APs prior to commencement of construction activities.

B. Review of Afghanistan Policy and ADB Requirements

5. There is no country specific resettlement policy in Afghanistan. However, ratified in early 2004, the new Constitution of Afghanistan has 3 articles that closely relate to compensation and resettlement. No new law has yet been promulgated from these constitutional provisions; however, a pre-Taliban Land Acquisition Law (LAL) remains in effect today. For the purpose of public interest, such as the establishment/ construction of public infrastructure and facilitation for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, the LAL provides that:

(i) The acquisition of a plot or a portion of plot, for public interest is decided by the Council of Ministers and will be compensated at fair value based on the current market rates (Section 2);

(ii) The acquisition of a plot or part of it should not prevent the owner from using the rest of the property or hamper its use. If this difficulty arises, the whole property will be acquired (Section 4);

(iii) The right of the owner or land user will be terminated 3 months prior to start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Section 6);

(iv) In case of land acquisition, the following factors shall be considered for compensation: value of land; value of houses, buildings and the land; values of trees, orchards and other assets on land (Section 8);

(v) The value of land depends on the category and its geographic location (Section 11);

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

(vii) It can be arranged with the owner if he wishes to exchange his property subject to acquisition with government land. The difference on the values of land will be calculated (Section 15); and

(viii) The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the local body (Section 16).

6. As per ADB’s OM F2, three important elements of the involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance

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for rehabilitation to achieve at least the same level of well-being with the project as without it5. Some or all of these elements may be present in a project involving involuntary resettlement. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles: I. Involuntary resettlement should be avoided whenever feasible.

II. Where population displacement is unavoidable, it should be minimized by providing viable livelihood options.

III. Replacing what is lost: If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the preproject level6. All compensation is based on the principle of replacement cost7.

IV. Each involuntary resettlement is conceived and executed as part of a development project or program8. ADB and executing agencies or project sponsors, during project preparation, assess opportunities for affected people to share project benefits. The affected people need to be provided with sufficient resources and opportunities to reestablish their livelihoods and homes as soon as possible, with time-bound action in coordination with the civil works.

V. The affected people are to be fully informed and closely consulted. Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic rehabilitation. Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options. Grievance redress mechanisms for affected people are to be established. Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a

5 Rehabilitation measures include restoration of access to public facilities, infrastructure, and services; and to cultural property and common property resources. Measures to mitigate loss of access to cultural sites, public services, water resources, grazing, or forest resources include establishment of access to equivalent and culturally acceptable resources and income-earning opportunities. Such measures must be determined in consultation with affected communities, whose rights might not be formally recognized in national legislation. Where people are seriously affected by the loss of assets, incomes, and employment, compensation solely for lost assets may not be adequate to restore their economic and social base. Such people will be entitled to rehabilitation assistance measures for restoring incomes and living standards. Reference: OM Section F2/OP, Section C. 6 If the residual of an asset taken is not economically viable, compensation and other assistance are provided as for the entire asset. In this case, affected people have the option to retain their assets. Non land based options may be used where land is not the preferred option of the affected people; or where land of similar quality and quantity is not available. 7 Replacement cost means the method of valuing assets to replace the loss at market value, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration, and titling costs. Where national law does not meet this standard the replacement cost will be supplemented as necessary. Replacement cost is based on market value before the project or dispossession, whichever is higher. In the absence of functioning markets, a compensation structure is required that enables affected people to restore their livelihoods to levels at least equivalent to those maintained at the time of dispossession, displacement, or restricted access. 8 ADB may treat resettlement either as part of the main investment or as a free-standing resettlement project that is prepared, financed, and implemented in association with the main investment.

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social preparation phase to enhance their participation in negotiation, planning, and implementation.

VI. Social and cultural institutions: Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted.

VII. No formal title. Indigenous groups, ethnic minorities, pastoralists, people who claim for such land without formal legal rights, and others, who may have usufruct or customary rights to affected land or other resources, often have no formal legal title to their lands. The absence of a formal legal title to land is not a bar to ADB policy entitlements.

VIII. Identification: Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits9.

IX. The Poorest: Particular attention must be paid to the needs of the poorest affected people10, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, particularly indigenous peoples11. Appropriate assistance must be provided to help them improve their socio-economic status.

X. The full resettlement costs are to be included in the presentation of project costs and benefits. This includes costs of compensation, relocation and rehabilitation, social preparation and livelihood programs as well as the incremental benefits over the without project situation (which are included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, and physical and price contingencies. Where loans include subprojects, components or investments prepared only after project approval and loans through financial intermediaries that are likely to cause involuntary resettlement, sufficient contingency allowance must be allocated for resettlement prior to approval of the loan. Similarly, resettlement plans should also reflect the timeframe for resettlement planning and implementation.

9 An eligibility cutoff date should be established as soon as possible in the project cycle. Reference: OM Section F2/OP, para. 5, footnote 5. 10 The resettlement planning documents will, in each case, define the poorest and vulnerable groups, using, as appropriate, the poverty line as defined in the poverty partnership agreement with the DMC concerned, or other accepted ADB documents. A range of other documents may also provide information on poverty in the project area. Resettlement planning documents, including full and short resettlement plans and resettlement frameworks, are described in OM Section F2/OP, Section E. 11 When significant indigenous peoples or ethnic minority issues are identified, as defined in OM Section F3, special attention will be paid to exploring viable alternative designs that will reduce or eliminate such impacts. An Indigenous Peoples Development Plan may be required in addition to a resettlement plan. If the indigenous people issues are judged to be less than significant, specified “indigenous people actions” within the resettlement plan may suffice to meet the indigenous people policy objectives (see ADB. 1998. Policy on Indigenous Peoples. Manila, and OM Section F3.)

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XI. Eligible12 costs of compensation: Relocation and rehabilitation may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and to ensure compliance with involuntary resettlement procedures during implementation.

7. A comparison between the ADB’s Resettlement Policy and LAL of Afghanistan is provided in Table 1.

Table 1 Comparison of ADB’s Resettlement Policy and Land Acquisition Law of

Afghanistan ADB Resettlement

Policy Land Acquisition Law (LAL) Remarks/Resolution

AFs should be fully informed/consulted in resettlement and compensation options.

National legislation does not provide for public consultation.

National legislation does not provide for public consultation. This RF provides for consultation and information dissemination.

APs should be compensated for all their losses at replacement cost.

Land acquisition for public interest is to be compensated based on equal/fair value according to the current market rates. In case of `residential land, land x land is offered. Affected orchards, vines, tree values will be valued by the competent municipal officials.

Market value is a way to assess replacement rates; ADB Policy and LAL concur on this point. The RF, however, further specifies that houses, crops, or trees will also be compensated at replacement rates. This RF will not provide land x land compensation as it is unfeasible in the RP for this project.

Lack of formal land title should not be a bar to compensation or rehabilitation.

LAL provides for compensation only for those who have titles of ownership. LAL does not cover APs who may have usufruct or customary rights.

This RF provides for compensation at market rate for titled and customary users, and rehabilitation for those without title.

APs should be timely compensated.

Land owners/users rights on a plot will be terminated 3 months prior to start of civil works and after compensation is given to them. The termination of the owner/user right would not affect their rights to collect their last harvest from the land, except if there is emergency

This RF provides for crops compensation whether they have been harvested or not to avoid civil works delays and pressures on land users to harvest a crop before it is fully ripe. Land users harvesting their crops after notification of the land occupation date will not lose any part of their due compensation.

The APs should be compensated and/or assisted, so that their economic/social future is generally as favorable as it would have been without the Project.

Compensation at replacement rate will be given for land, house, crops, and trees losses. No consideration is given to income losses or relocation costs.

General rehabilitation for income losses and for relocation costs will be given if these impacts occur.

12 Involuntary resettlement costs eligible for loan financing may include, for example, income restoration, relocation, site development, social preparation, monitoring, and evaluation.

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C. Resettlement Principles for the Program 8. Based on the above analysis of national provisions and ADB policy, the broad resettlement principle for this project shall be the following:

(i) The negative impact on persons affected by the project would be avoided or minimized as much as possible;

(ii) Where the negative impacts are unavoidable, the persons affected by the project and vulnerable groups will be identified and assisted in improving or regaining their standard of living.

(iii) Information related to the preparation and implementation of resettlement plan will be disclosed to all stakeholders and people’s participation will be ensured in planning and implementation. All RPs for the roads with resettlement impacts will be disclosed to the APs;

(iv) Land acquisition for the project would be done as per the Land Acquisition Law of Afghanistan. The Act specifies payment of adequate compensation for the properties to be acquired. Additional support would be extended for meeting the replacement value of the property. The affected persons who does not own land or other properties, but have economic interests or lose their livelihoods will be assisted as per the broad principles described in this document.

(v) Widening and strengthening work will take place mostly on the existing alignment except at locations where the existing alignment may require shifting to accommodate bridges reconstructed in new locations adjacent to existing structures;

(vi) Before taking possession of the acquired lands and properties, compensation and resettlement and rehabilitation (R&R) assistance will be paid in accordance with the provision described in this document;

(vii) An entitlement matrix for different categories of people affected by the project has been prepared and provisions will be kept in the budget for those who were not present at the time of census survey. However, people moving in the project area after the cut-off date will not be entitled to any assistance. In case of land acquisition the date of notification for acquisition will be treated as cut-off date. For non-titleholders such as squatters and encroachers the date of project census survey or a similar designated date declared by the executing agency will be considered as cut-off date;

(viii) Appropriate grievance redress mechanism will be established at the district level to ensure speedy resolution of disputes;

(ix) All activities related to resettlement planning, implementation, and monitoring would ensure the involvement of women and other vulnerable groups; and

(x) Consultations with the APs will continue during the implementation of resettlement and rehabilitation works.

9. In accordance with the R&R measures suggested for the Program, all affected households and persons will be entitled to a combination of compensation packages and resettlement assistance depending on the nature of ownership rights on lost assets and scope of the impacts including socio-economic vulnerability of the affected persons and measures to support livelihood restoration if livelihood impacts are envisaged. The affected persons will be entitled to the following five types of compensation and assistance packages (i) compensation for the loss of land, crops/ trees at their replacement value; (ii) compensation for structures (residential/ commercial) and other immovable assets at their replacement value; (iii) assistance

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in lieu of the loss of business/ wage income; (iv) assistance for shifting, and (v) rebuilding and/ or restoration of community resources/facilities.

D. Compensation Eligibility and Entitlements 10. This RF and resettlement procedural guidelines will apply to all projects under the Program. This will ensure that all persons affected by acquisition of land and other fixed assets, by change in the use of land and by the restrictions imposed by project activities on land use, will get appropriate compensation and rehabilitation assistance. The Project has been categorized as ‘A’ according to ADB’s Handbook on Resettlement: A Guide to Good Practice (1998). Eligibility

11. APs entitled to compensation, or at least rehabilitation provisions under the Project, are:

• All APs losing land either with or without title, formal land-use rights or traditional land-use rights;

• Tenants whether registered or not; • Owners of buildings, crops, plants, or other objects attached to the land; and • APs losing business, income, and salaries.

12. Compensation eligibility will be limited by a cut-off date to be set at the end of the new DMS and AF/AP census to be carried out immediately after the conclusion of detailed design. All AF/APs who will settle in affected areas after this date and who cannot prove that they are displaced users of affected plots will not be eligible for compensation. They, however will be given sufficient advance notice to vacate premises/dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions. Forced eviction will only be considered if all other efforts are exhausted. Entitlements 13. Entitlement provisions for APs losing land, houses, and income losses and rehabilitation subsidies will include provisions for permanent and temporary land losses, house and buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. These entitlements are detailed below:

• Acquisition of permanent agricultural land will be compensated at replacement cost based on the market rate. MPW will pay transaction costs for titling (documentary stamps, registration costs, etc).

• Acquisition of temporary agricultural land will be compensated at market value for the loss of crop for duration of the damage. The duration is considered to be one year, equivalent to two seasons. Compensation for land will not be provided.

• Acquisition of permanent residential and commercial land will be compensated at replacement cost based on the market rate. MPW will pay transaction costs for titling (documentary stamps, registration costs, etc).

• Acquisition of community land and property will be compensated by providing equal alternate land and property in the same village.

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• Houses, Structures and Buildings will be compensated in cash at replacement cost free of detractions for depreciation and transaction costs. A lump sum shifting allowance of Afs 2000/- will be paid for each affected households.

• Loss of crop will be compensated at market rate along with additional assistance of Afs 5000/- for purchase of seeds and restoration of future crop activities.

• Loss of trees: Fruit bearing trees will be compensated at the value of 1 harvest x the number of years needed to re-grow a tree at the same productive level of the tree lost. Non-fruit bearing trees will be compensated at the cost of reproducing a tree to the level of growth it was cut. The compensation for the tree will be at the market value of the total income in one year, which will be free of deduction for the value of the wood left to the AF. Timber will be compensated at three times the market value.

• Loss of business will be compensated at lump sum one-time allowances for one year income for permanent loss and six months income for temporary loss.

• Agricultural land tenants, sharecroppers and workers will be compensated at cash compensation equal to one full year of income from the lost land. Agricultural workers, whose contracts will be interrupted, will receive an indemnity corresponding to three months of income.

• Loss of Community Property will be compensated at full replacement. • Vulnerable Households will be provided with additional 20% of the total compensation as

assistance. 14. The determination of replacement cost will consider a detailed rate analysis to be undertaken to verify local market rates from local people (based on land transactions done in the area in the last three years) and government rates (if any) prevalent in the region. The government-registered price will be ascertained from the revenue papers. However, there is generally no such market price for the land and asset in Afghanistan available. The replacement value will be mutually decided by the affected people and by the competent authority. There will be a council of ministers who will determine the replacement value of the property. Assessment of value for other assets will be determined by the concerned departments through discussions with the affected persons (APs). Based on the above, an Entitlement Matrix is given in Table 2.

Table 2 Entitlement Matrix

Type of Loss

Impact Category Affected People Compensation Entitlements Implementation Issues

Farmer/Titleholder

• Provision of equivalent land within the same village

• If land is unavailable, compensation of land and standing crops and/or trees at market/replacement value

• Cash compensation to be paid by the EA (MPW) for transaction cost or for titling

• Consultation with APs and other concerned local government, revenue department and municipality etc.

• Decisions to be made by the council of ministers and or the designated committee

• Cash compensation payments

Permanent Agricultural land

Land affected by land acquisition and resettlement due to subprojects

Tenant/ Leaseholder/ Informal settlers

• Cash compensation equivalent to market value of gross harvest of the affected land for one year

• Consultation with APs and other concerned local government, revenue department and municipality etc.

Temporary Land Farming • No compensation for land • Consultation with APs and

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Type of Loss

Impact Category Affected People Compensation Entitlements Implementation Issues

agricultural land

affected during the construction for use of instruments, construction materials and for associated facilities like approach road.

households, sharecroppers, tenants, non-titled households/ informal settlers

• Prior notice to harvest standing crops

• Compensation at market value of the crops for the total duration of damage which is one year

• Restoration

other concerned local government officials especially the revenue department

• payment of cash compensation

Titleholder

• Provision of equivalent land within the same village

• If land is unavailable, compensation of land and other assets at market/replacement value

• Cash compensation to be paid by the EA (MPW) for transaction cost or for titling (documentary stamps, registration costs, etc)

• Consultation with APs and other concerned local administration

• Decisions to be made by the council of ministers and or the designated committee

• Payment of cash compensation

Renter/Leaseholder • 3 months allowance • Consultation with APs and other concerned local administration

Residential/ Commercial Land

Land affected by land acquisition and resettlement due to subprojects

Informal Settlers • Accommodation in a government resettlement area or a self-relocation allowance

• Consultation with APs and other concerned local administration

Loss of traditional use-rights, community, or pastureland

Land affected by land acquisition and resettlement due to subprojects

Affected households with traditional land rights

• Provision of equivalent land within the village, provision of functional equivalence, or augmentation of existing access

• Consultation with community

Residential Houses and commercial Structures

Land affected by land acquisition and resettlement due to subprojects

All relevant APs (including Informal Settlers)

• Cash compensation for affected structure and other fixed assets at market rate without depreciation. In case of partial impacts full cash assistance to restore remaining structure

• Shifting allowance of Afs 2000/- per displaced household

• Right to salvage material from demolished structure

• Consultation with APs , other concerned local government / administration and municipality

• Cash compensation

Crops Crops affected by Land acquisition and resettlement due to subprojects

All APs (including Informal Settlers)

• Notice to harvest standing crops

• Compensation at market value

• An assistance grant equivalent to Afs 5,000 for the purchase of agricultural inputs for the next season

• Consultation with APs and other concerned local government.

• Cash compensation

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Type of Loss

Impact Category Affected People Compensation Entitlements Implementation Issues

Trees Trees affected by Land acquisition and resettlement

All APs (including Informal Settlers)

• Fruit bearing trees will be compensated at the value of 1 harvest x the number of years needed to re-grow a tree at the same productive level of the tree lost

• Non-fruit bearing trees will be compensated at the cost of reproducing a tree to the level of growth it was cut.

• The compensation of the tree will be free of deduction for the value of the wood left to the AF.

• Consultation with APs and project authority along with other concerned local government and stakeholders.

• Cash compensation payment

Business/ Employment

Temporary/permanent loss of business or employment

All APs (including Informal Settlers)

• Cash compensation equal to one year income, if loss is permanent

• Cash compensation for the period of business interruption, if loss is temporary

• Preferential employment in the Project will be provided where feasible.

• Consultation with APs and project authority along with other concerned local government, contractors and stakeholders.

• Cash compensation

Community and Cultural Sites

Temporary or permanent loss due to the subproject activities

All affected households or individuals

• Compensatory replacement (Schools, community centers, markets, health centers, shrines, other religious sites, places of worship, burial sites, rights to food, medicine, and natural resources)

• Impacts will be documented and mitigated based on the principles agreed upon in the RF. Cultural properties will be relocated/reconstructed in consultation with the community.

Vulnerable Groups

Affected due to project construction, land acquisition, resettlement etc.

Affected households or individuals (female-headed households, minority group, poor households, households headed by physically handicapped or disabled persons and households losing more than 10% of their productive asset)

• Vulnerable households will be provided an additional of 20% of the total compensation and assistance.

• Preferential employment in the project construction work

• Consultation with APs, project authority and contractor

• Cash compensation

Other Impacts not Identified

Affected households or individuals

• Additional assistance • Unforeseen impacts will be

documented and mitigated based on the principles agreed upon in the RF

• Consultation with APs, project authority and contractor

15

E. Institutional Arrangements 15. The resettlement and rehabilitation program described in this LARF involves distinct processes, dynamics and different agencies. The agencies involved in the planning and implementation of resettlement and rehabilitation program are MPW as the EA, the Provincial Planning and Development Department, Board of Revenue, Provincial and District Revenue Collector (Mstowfiet), Environmental Protection Agency (EPA), Relevant departments a district and province levels, ADB and Non-Government Organization (NGOs) and the concerned district administration. The institutional arrangement for the planning and implementation of resettlement and rehabilitation program will be structures as depicted in Figure 1 below.

Government of Afghanistan ADB

MPW

PIU

Resettlement Team ESU (1xChief Specialist and 1xJunior Specialist) Design Consultant (1x International and 1xDomestic)

Village LevelMPW staff

Implementing NGO

Local Government

Affected People

Independent Monitoring

Agency

Figure 1: Institutional Arrangement for the Planning and Implementation of Resettlement

and Rehabilitation Program MPW 16. MPW has overall responsibility for the Program including preparation, implementation and financing of all LAR tasks and cross-agency coordination. MPW will exercise its functions through the Project Management Unit (PMU), which will be responsible for general project execution, and through the Project Implementation Unit (PIU), which will be tasked with day-to-

16

day Project related activities at district level. PMU and PIU together will manage LAR activities and internally monitor LARP preparation and implementation (including surveys, asset valuation, and community consultation), LAR-related cross-agency/inter-departmental coordination, and LARP approval. In the implementation of these tasks, MPW will form a Environment and Social Unit (ESU) as part of PIU and will source specific technical assistance from:

(i) Resettlement Specialists. They will assist in LAR planning/implementation, internal monitoring and evaluation (M&E), and training on impact assessment and ADB resettlement policy requirements;

(ii) local NGOs active in project area may be engaged to provide on-site LARP preparation assistance for surveys, information gathering and AP consultation; and

(iii) Independent agencies will be hired to conduct periodic monitoring and evaluation/ 3rd party validation of implementation of the LARP activities.

District Administration (Wloswali) 17. Land Records goes through 3 offices at district level, (1) District administrator, (2) Revenue collector (Mstowfiet) and (3) the District Court. These offices have the jurisdiction on any matters related with Land acquisition and verification of land entitlements. Staff of the Revenue Department (Mstowfiet), with local municipality will carry out the tasks of identifying the titles and verification of ownership. Compensation for the loss of buildings pertains to the local Municipality, while the compensation for loss of crops and productive trees pertains to the Department of Agriculture. The compensation for loss of wood trees pertains to the Department of Forestry at the province level. The Office of Wloswal (the appointed District head) is expected to play a coordinating role. Other Agencies and Institutions 18. Clearance for both category “A” and B” LARPs will be provided by ADB Headquarters in Manila, Philippines. Coordination Initiatives 19. The agencies and officers/officials identified above will work in close coordination to obtain effective, smooth and timely preparation and implementation of resettlement plans for all the sub projects. For the coordination among the involved agencies-offices and redressing the grievances of APs, three types of committees will be formed as follows:

(i) LAR Committee (LAC) (ii) LAR Steering Committee (LSC) (iii) LAR Coordination Committees at the district level, and (iv) Grievance Redress Committee (GRC)

20. LAR Committee (LAC) will be directly assigned to the PMU by the Board of Revenue. Additionally, two coordination/consultation committees will be included at the top and bottom levels of the LAR organization as follows:

(i) LAR Steering Committee (LSC): To be established soon after Project approval to ensure that all relevant agencies involved in LAR, compensation and

17

rehabilitation are: (i) fully informed about the requirements of this LARF and Policy of ADB on involuntary resettlement and (ii) assist MPW in the preparation and implementation of needed LARPs at Project level by providing district-level offices with the directions needed to ensure effective synergy and task coordination between LAC and relevant District departments. The composition of LSC will include high-level representatives from:

(a) MPW (Coordinator) (b) Planning and Development Department (Member) (c) Board of Revenue (Member) (d) Relevant Provincial Departments like Agriculture and forestry (Members) (e) EPA (Member)

(ii) LAR Coordination Committee (LCC) to be formed in each relevant district to

provide a coordinating node for the preparation and implementation of LARPs involving tasks like execution of surveys, valuation of assets, consultation with APs, and local approval of LARP provisions). The LCC formation will be supported by the LSC and initiated by MPW through PMU and PIU before the beginning of project preparation activities in a specific District. The composition of LCC will include representatives from:

(a) PIU (Coordinator) (b) District Administrator (Member) (c) District Revenue Collector (Member) (d) Concerned District Departments like Agriculture, Forestry and Local

Municipality (Members) (e) Local Council/s (Members)

The main function of the LCC will be that of ensuring that LARP preparation and implementation is carried out as one shared task by all involved parties. The LCC will also provide a forum where MPW, local government agencies and the APs can confront their views on various LAR-related matters.

(iii) Grievance Redress Committee (GRC) to be formed considering the peculiar

conditions in Afghanistan that require a well established and independent grievance redress mechanism in order to avoid any conflict that may lead to worsening of the security environment in the country. GRC will contribute for addressing the complaints and grievances of APs in harmonious manner. The grievance redress mechanism will be as discussed in section G. The role of GRC will be to play the role of catalyst in harmonious redress of APs grievances to ensure that any situation of conflict having bearing on the security environment in the locality may be avoided. The composition of GRC will include a representative of EA (i.e. MPW) as coordinator and two representatives of APs - one of them being the elected Member of Parliament from the project area and second being a member of the AP’s community.

F. Public Consultation and Documents Disclosure 21. Public consultation is a key to the success of smooth implementation and functioning of any developmental activity. Consultations with the stakeholders during the project life cycle help in identifying the local Perceptions and needs emanating from the project. The participatory

18

consultation process plays the role of catalyst in providing valuable feedback for better planning and more so for resettlement planning and implementation. 22. All the stakeholders, including the APs and the local level administration, provincial, district, and village officials (Maleks) will be informed and consulted about the Project, and their cooperation will be solicited while conducting the inventory of affected assets and the census of APs. The APs will be consulted and their views on the proposed alignment of the project road as well as their preferences on compensation and/or other resettlement assistance will be recorded and given due consideration while planning the project. Information about the entitlement provisions and compensation packages will be shared with the affected people and their comments and suggestions will be incorporated in the RP. The findings of the consultations, along with issues discussed and likely possibility of change in engineering design will also be addressed. The processes and mechanisms to ensure the active involvement of APs and other stakeholders will be detailed out in the LARPs which will also include an appendix with list of APs consulted and participated in discussion with their name, date and minutes of consultation meetings. 23. This LARF in Dari language will be disclosed to the APs at the PMU office once the project is finalized; the same will be done for the LARPs after the endorsement by EA. The LARF and LARP in English will be posted on the ADB’s website after its endorsement by EA. Each RP will be made available in the local language (Dari). A resettlement information leaflet containing resettlement information including measurement of losses, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be made available in the local language (Dari) and will be distributed to APs. The EA through its ESU and the PIUs will conduct consultations in affected villages to explain the RP in coordination with village/community leaders. APs will be provided information regarding specific entitlements. Disputes on entitlements can be forwarded to the PIU for appropriate action. The summary RP will be disclosed on ADB’S website as well to the affected people before the Management Review Meeting (MRM) and information dissemination and consultation will continue throughout the project implementation period. The pamphlet will be included as annex to the RP in English and Dari. As per the disclosure, the following steps should be considered during various stages of the project.

• RF and core subprojects RPs will have to be disclosed as a condition to project appraisal through the following actions:

a. Posting of the English version of RF, RPs and Pamphlets on the ADB’s website, b. Divulging in local EA offices of the RF and RP in Dari (the language of disclosure

needs to be specified) and c. Delivery of information booklets in Dari to all AF.

• Non-core subprojects RPs will have to be disclosed as a condition to civil works contracts signing through the following actions:

a. Posting of the English version of RF, RPs and Pamphlets on ADB’s website, b. Divulging in local EA offices of the RF and RP in Dari (the language of disclosure

needs to be specified) and c. Delivery of information booklets in Dari to all AF.

G. Grievance Redress Mechanism

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24. OM F2 requires that an adequate grievance redress mechanism for AP’s should be established. The main objective of MPW in providing for a redress mechanism is to avoid potential delays on the commencement of construction works for the project. The APs should be aware of the procedures on the resolution of grievances, which the Resettlement Team will inform to project stakeholders during project disclosures and public consultations. This framework provides three-stage procedures for redress of grievances and complaints. These are as follows:

(i) Complaints may be filed at the district MPW offices subproject districts. The district MPW office is obliged to reply and explain the decision within 15 days from the date the complaint was received.

(ii) If one AP is unsatisfied or has no reply from the local MPW office, grievances can then be lodged with the MPW Resettlement Team. The Resettlement Team (Field Staff) will issue the final decision within 30 days.

(iii) If not redressed, then the complaint will be lodged at head ESU and subsequently at PIU and at MPW

(iv) The AP always has final recourse through Afghanistan’s legal channels; however, every effort will be made to avoid this since the system is presently critically weak. Should the AP want to pursue legal recourse, however, MPW through its ESU and implementing NGO will ensure that support is given to the AP to prepare a case. Also, there is an option before the APs to lodge the appeal under ADB’s Accountability Mechanism through some local NGOs.

25. As the concept on compensation is new to the Government of Afghanistan, the Resettlement Team will design a pro-forma letter to be used by APs for filing their complaints or grievances. Local leaders who are literate will be identified in every project area and made known to APs. These local leaders can assist the APs in filling out the form in every stage of filing the complaint. Additionally, the implementing NGO will help the APs in preparing the grievance and sending it to the concerned authority. The Resettlement Team will inform the public of this requirement and the procedures for filing complaints and grievances during public consultations. The grievance address mechanism is depicted in Figure 2. An AP may lodge the complaint with District level staff of EA and in case the grievance is not addressed, he/she may process the complaint further to higher officials as depicted in Figure 2. A Grievance Redress Committees (GRC’s), as discussed in Section E, will be established to catalyze the harmonious settlement of grievances raised by APs. It is anticipated that many grievances can be settled by mechanism outlines here with the roles of GRC as a catalyst.

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Figure 2: Process of Grievance Redress

Affected Person

Grievance

District Level MPW Staff

Not Redressed

Resolve with Resettlement

Team

Not Redressed

Appeal to PIU (Head ESU)

Not Redressed

Appeal to MPW

Not Redressed

Appeal to Appropriate Court

Appeal under ADB’s Accountability Mechanism

Through NGOs

Redressed

Redressed

Redressed

Redressed

Gr

ie

va

nc

e

Re

dr

es

s

Co

mm

it

te

e

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H. Resettlement Budget 26. Detailed budget estimates for involuntary resettlement will be prepared and included in each RP by the EA. The budget will be included in the overall cost estimates for subprojects. The budget will include (i) detailed costs of land acquisition, relocation, livelihood and income restoration and improvement, (ii) source of funding, (iii) arrangements for approval, the flow of funds and contingency arrangements. All funds for land acquisition will be provided by the EA. All land acquisition, compensation, relocation and rehabilitation of income and livelihood will be considered as an integral component of project costs. The EA will keep advance provisional budget in its annual plan for the cost of resettlement. The resettlement cost in each RP will include a contingency of 15% of the total cost in order to adjust any deviation in the project implementation. I. Monitoring and Evaluation 27. LAR tasks under the Project will be subjected to both internal and external monitoring. Internal monitoring will be conducted by the PIU, assisted by the Design and Supervision Consultant. External monitoring will be assigned to an External Monitoring Agency (EMA) to be hired by PIU, and approved by ADB. ADB will prepare the terms of reference (TOR) for the EMA before the beginning of Land Acquisition and RP implementation. 1. Internal Monitoring 28. Internal monitoring will be carried out routinely by the PIU and results will be communicated to ADB through the quarterly project implementation reports. Indicators for the internal monitoring will be those related to process, immediate outputs and results. This information will be collected directly from the field and reported monthly to the PMU to assess the progress and results of LARP implementation, and to adjust the work program, if necessary. The monthly reports will be consolidated every quarter in the standard supervision reports and submitted to ADB. Specific monitoring benchmarks will be:

(i) Information campaign and consultation with APs; (ii) Status of land acquisition and payments on land compensation; (iii) Compensation for affected structures and other assets; (iv) Relocation of APs; (v) Payments for loss of income; (vi) Selection and distribution of replacement land areas; and (vii) Income restoration activities

2. External Monitoring 29. External monitoring will be carried out twice a year and its results will be communicated to the PMU and ADB through semi-annual reports.

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30. The EMA will also assess the status of project affected vulnerable groups such as female-headed households, disabled/elderly and poor families. The following will be considered as the basis for indicators in monitoring and evaluation of the project:

(i) Socio-economic conditions of the APs in the post-resettlement period; (ii) Communications and reactions from APs on entitlements, compensation,

options, alternative developments and relocation timetables etc.; (iii) Changes in housing and income levels; (iv) Rehabilitation of squatters; (v) Valuation of property; (vi) Grievance procedures; (vii) Disbursement of compensation; and (viii) Level of satisfaction of APs in the post resettlement period.

31. The EMA will carry out a post-implementation evaluation of the LARP about a year after completion of its implementation. The compelling reason for this study is to find out whether the objectives of the LARP have been attained or not. The benchmark data of socioeconomic survey of severely affected APs conducted during the preparation of the LARP will be used to compare the pre and post project conditions. The EMA will recommend appropriate supplemental assistance for the APs in case the outcome of the study shows that the objectives of the LARP have not been attained.

J. Implementation Mechanism and Process of RP Preparation 32. Draft RPs will be disclosed to APs prior to ADB’s review. Where necessary, an update will be completed upon finalization of project design and after undertaking a 100% census of the affected population. All activities related to the acquisition, temporary and/or permanent, of land must be planned to ensure that compensations are paid prior to displacement and commencement of civil works. The implementation schedule with various activities should be included in each RP. Process of RP Preparation 33. The EA will be the Ministry of Public Works (MPW). MPW through its PIU will be responsible for conducting the social analyses and formulating RPs for subprojects, as outlined in the RF. The draft RPs will be submitted to ADB for review and approval prior to contract award, and compensation paid to all APs prior to displacement, in any case not later than commencement of civil works. RPs for none-core subprojects/future subprojects will be prepared in the following manner:

(i) MPW will undertake social impact assessment surveys for each identified subproject, based on the preliminary technical design.

(ii) If impacts are found to be significant13, full RPs will be prepared for each subproject. A full RP includes a statement on objectives and strategy for involuntary resettlement, with (i) organizational responsibilities; (ii) community participation and disclosure arrangements; (iii) findings of the socioeconomic survey and social and gender analysis; (iv) legal framework, including eligibility criteria and an entitlement matrix; (v) mechanisms for resolution of conflicts and procedure for appeals; (vi) identification and selection of alternative sites; (vii)

13 Resettlement is significant when 200 or more people experience major impacts. Major impacts are defined

as involving affected people being physically displaced from housing and/or having 10% or more of their productive, income generating assets lost.

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inventory, valuation of, and compensation for, lost assets; (viii) land ownership, tenure, acquisition, and transfer; (ix) access to training, employment, and credit; (x) shelter, infrastructure, and social services; (xi) protection of health and safety during construction (xii) monitoring and evaluation; (xiii) a detailed cost estimate with budget provisions; and (xiv) an implementation schedule, showing how activities will be scheduled with time-bound actions in coordination with the civil works.

(iii) If impacts are not significant, short RPs will be required for project preparation. A SRP covers the same issues as that of a full RP, as relevant, but in less detail. However, the short RP must ensure that adequate compensation, rehabilitation, and relocation arrangements are planned and budgeted.

34. RP will include measures to ensure that socio-economic conditions, needs, and priorities of women are identified and that the process of land acquisition and resettlement does not put women in a disadvantageous position. Special attention will be paid to the vulnerable groups. The EA will ensure that this RF is closely followed when a RP is formulated for a subproject. The EA will further ensure that adequate resettlement budgets are delivered to PIU on time and local government/administration is involved for timely implementation of RP. Broad outlines for a full RP and short RP are given in Annexes 1 and 2 respectively. The steps for preparation of RP are depicted in Figure 3.

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Figure 3: Steps for Resettlement Planning and Resettlement Plan

Resettlement Planning

Collection of Data/Information

Primary Sources - Social Screening - Public Consultation

Social Impact Assessment

Secondary Sources - Review of Literature - Review of Project Documents

Establishment of Resettlement Impact Zone

Resettlement Surveys - Land Acquisition Survey - Census Survey - Socio-economic Survey

Preparation of Entitlement Matrix

Institutional Framework and Grievance Redress

Mechanism

Mechanism for Monitoring and Evaluation

Preparation on Implementation Schedule

Preparation of Resettlement Budget

Endorsement of Resettlement Plan, Review by ADB and

Disclosure of the Resettlement Plan

Maj

or C

ompo

nent

s of

the

Res

ettle

men

t Pla

n

25

Table 3: Agencies Responsible for Implementation of Resettlement Plan

S.No. Activity Agency Responsible 1 Setting up of Environment and Social Unit (ESU) MPW 2 Hiring of implementing NGO MPW 3 Hiring of Design Consultant MPW 4 Preparation of detailed design task and updating

the RP including verification survey, identification of APs, fixing of replacement cost, fixing of assistance and disclosure of RP.

Resettlement Specialist, ESU and Resettlement Specialists (Design consultant), local government, Implementing NGO and competent authority

5 Review and Approval of LARP ADB 6 Approval for award of civil work contracts ADB and MPW 7 Compensation award and payment of

compensation MPW, ESU, PIU, local administration and competent authority

8 Taking over the possession of acquired land/houses

MPW with the help from concerned department

9 Hand over acquired land to contractors for construction

MPW

10 Notify construction starting date to APs MPW, ESU, PIU and Implementing NGO

11 Beginning of the Civil work Contractor 12 Restoration of temporarily acquired land to its

original State including restoration of private or common property resources

Contractors subject to monitoring by Implementing NGO and MPW

13 Income restoration activities, particularly for vulnerable groups

ESU, Implementing NGO

14 Internal monitoring ESU, Implementing NGO and design consultant

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Annex 1

Standard Outline for Full Resettlement Plan

1. Introduction and minimization of resettlement This chapter describes the scheme activities and items requiring LAR; alternative options, if any, considered to minimize land acquisition and its effects; and why remaining effects are unavoidable.

2. Scope of land acquisition and resettlement

This chapter describes the preparation of the impacts (who carried it out and when it was initiated) and provides a full assessment of each type of impact and a census of affected peoples as described in the RF. The chapter also includes a description of the methodology followed to determine unit-compensation rates for each affected item and allowance.

3. Objectives, legal policy framework, and entitlements

Based on the RF, this chapter outlines the eligibility and compensation framework for the scheme.

4. Consultation and grievance redress participation

This chapter summarizes procedures for redress of grievances by people affected described in RF and describes the consultation/participation process and grievance redress that occurred in the subproject at hand.

5. Compensation, relocation, and income restoration

This chapter outlines the income restoration measures to be implemented.

6. Institutional framework This chapter outlines the institutional arrangements for the scheme based on this RF. It includes the following issues: responsibilities for main tasks and for planning, negotiating, consulting, approving, coordinating, implementing, financing, monitoring, and evaluating land acquisition and resettlement.

7. Resettlement budget and financing

This chapter provides the unit compensation rate for each affected item and assesses the LAR budget for the scheme. The LAR budget will include land acquisition and eventual land acquisition costs, amounts due for crop compensation and for the subsidies and allowances, monitoring and evaluation costs, and administrative costs and will be adjusted for inflation and applicable taxes.

8. Implementation schedule

This chapter provides a time schedule showing the LAR process and linking LAR tasks with civil works implementation.

9. Monitoring and evaluation

This chapter specifies arrangements for routine and independent monitoring and evaluation activities.

27

Annex 2

Standard Outline for Short Resettlement Plan A. Introduction

1. Brief description of the Project (provide map of Project areas) 2. Types of impacts (summary description of acquisition and other assets)

B. Description of APs

1. Description of APs including their spatial distribution 2. Gender-disaggregated socioeconomic characteristics of Project AFs

• Total number of families affected by the Project • Employment types and major sources of income • Tenure status (land and house/structures) • Affected land and assets: areas, types of structures, and conditions

3. Categories and numbers of affected households by type and degree of impacts • Affected households with loss of entire holdings are required to relocate • Affected households with loss of partial holdings and not required to relocate • Tenants, landless laborers, informal settlers, etc. affected by the Project • Affected households with loss of incomes and employment

C. Compensation and Policy Entitlement Criteria

1. Elements of compensation policy: objectives and entitlement criteria 2. Compensation entitlements for each category of APs 3. Other assistance (transport allowance, rehabilitation assistance, etc.)

D. Cost Estimates and Budget

• Aggregate costs for each type of asset loss and implementation arrangements E. Public Participation, Consultation, and Grievance Resolution

1. Consultation with stakeholders at the different stages of the Project 2. Existing and Project-specific mechanisms for grievance resolution procedures

F. Organizational Set-up

• Organizational structure of the unit/division within the local government at the district level that is responsible for management, supervision, and implementation of LAR

G. Implementation Schedule

1. Implementation schedule for land acquisition and compensation for each component of the Project, including description of different activities and their sequence

2. Timetable for implementation of different land/asset acquisition activities in relation to the Project

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