Draft Land Acquisition and Resettlement Plan

December 2019

TAJ: Skills and Employability Enhancement Project

Prepared by the Project Administration Group (PAG) under the Ministry of Labour, Migration and Employment of Tajikistan for the Asian Development Bank. This resettlement plan 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. Your attention is directed to the “terms of use” section of this website. 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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Table of Content

ABBREVIATIONS AND ACRONYMS .................................................................................. 5

GLOSSARY .......................................................................................................................... 6

EXECUTIVE SUMMARY ...................................................................................................... 8

1. PROJECT INFORMATION .......................................................................................... 12

1.1 Project Description 12

1.2 Scope of Civil Works 13

1.3 Rational for LARP 14

1.4 Objectives of the LARP 15

2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACT .............................. 16

2.1 Survey Methodology 16

2.2 Preliminary Land Assessment and resettlement Impacts 16

2.2.1 Impact on lands 16

2.2.2 Impact on Crops 24

2.2.3 Vulnerable Groups and Severely Affected Households 24

2.2.4 Temporary Impacts during Construction 25

3. SOCIOECONOMIC PROFILE OF THE AFFECTED POPULATION ............................ 27

3.1 Country profile 27

3.2 Project areas profile 27

3.3 Profile of the affected population in Rudaki district 29

3.4 Age, Marital Status and Education Level of Household Head 29

3.5 Household Income 30

3.6 Living Conditions in Project Affected Area 30

3.7 Women in Project Affected Area 31

3.8 Ethnic Minority Groups 31

3.9 Vulnerable Groups and Severely Affected Households 32

4 INFORMATION DISCLOSURE, CONSULTATIONS AND PARTICIPATION .............. 33

4.1 Background 33

4.2 Consultations with Stakeholders and Project Communities 33

4.3 Information Disclosure 34

5. GRIEVANCE REDRESS MECHANISM .......................................................................... 35

5.1 Objectives 35

5.2 Type of Grievances 35

5.3 Time Frame 35

5.4 Grievance Redress Mechanism Structure 36

5.4.1 Establishment of National Grievances Redress Committee. ........................... 36

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5.4.2 Establishment of Local Grievances Redress Committees ............................... 36

5.5 Grievance Mechanism Implementation Flow 37

6. LEGAL AND POLICY FRAMEWORK ............................................................................ 39

6.1 Types of Land Ownership and Land Use Rights Allocation 39

6.2 Tajikistan Legal Provisions on Land Acquisition, Resettlement and Compensation 41

6.3 ADB SPS 2009 Involuntary Resettlement Safeguards 43

6.4 Comparison of the Provisions under ADB SPS 2009 and National Legislation 45

6.5 Project-Specific Entitlements 48

6.6 Valuation Methodology 53

7. COMPENSATION BUDGET ........................................................................................ 55

7.1 Key Assumptions for the Compensation Budget 55

7.2 Permanently Acquired Land 55

7.3 Calculation of Losses for Compensation: 56

7.4 Compensation for Loss of Produce 57

7.5 Compensation for Crops Affected by Temporary Land Occupation 57

7.6 Additional allowances for vulnerability and severity of impact 58

7.7 The estimated cost of land acquisition 59

8. INSTITUTIONAL ARRANGEMENTS ........................................................................... 60

8.1 Project Organizational Structure 60

8.2 LARP Implementation Arrangements and Schedule 61

9. MONITORING AND REPORTING ............................................................................... 64

9.1 Monitoring and Reporting Requirements 64

9.2 Internal Monitoring 64

9.3 LARP Implementation Report 66

ANNEXES .......................................................................................................................... 69

Annex 1: Land Titles Issued or Legal Basis for Lands to Be Acquired 69

Annex 2: Social Due Diligence Checklists Completed 77

Annex 3: Socio-Economic Survey Questionnaire 87

Annex 4. Public Consultations 93

Annex 5. Grievance Logbook 103

Annex 6. Agricultural Average Productivity and Estimated Market costs 104

Annex 7. Summary of Compensations by Affected Households in Rudaki/Dushanbe 106

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ABBREVIATIONS AND ACRONYMS

ADB Asian Development Bank

AHs Affected households

APs Affected persons

DMS Detailed measurement survey

DPs Displaced persons

DRS District of Republican Subordination

EA or IA Executing Agency or Implementing Agency

EM Entitlement Matrix

FP Focal person

GRC Grievance Redress Committee

GRM Grievance Redress Mechanism

HH Household

IEE Initial Environmental Examination

IR Involuntary resettlement

LAR Land acquisition and resettlement

LARP Land Acquisition and Resettlement Plan

LGRC Local Grievances Redress Committee

M&E Monitoring and Evaluation

MOLME Ministry of Labour, Migration, and Employment of Tajikistan

NGO Non-governmental organizations

NGRC National Grievance Redress Committee

PAG Project Administration Group

PMCSC Project Management and Contract Supervision Consultant

RT Republic of Tajikistan

SEEP Skills and Employability Enhancement Project

SES Socioeconomic survey

SPS Safeguard Policy Statement

STVETP Strengthening Technical and Vocational Education and Training Project

TJS Tajikistani Somoni (currency)

TRTA Transaction Technical Assistance

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GLOSSARY

Displaced Persons (DP)

‘In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (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.’ (ADB SPS 2009)

Detailed Measurement Survey (DMS)

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of DPs. The final cost of resettlement can be determined following completion of the DMS.

Compensation

Payment in cash or in kind to replace losses of lands, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is a method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs.

Cut-off Date The date after which people will not be considered eligible for compensation.

Dehkan Farm

Mid-size land, which is legally and physically distinct from household plots, for which full land use rights, but not ownership, is allocated to either individuals or groups. Regulations concerning dehkan farms in Tajikistan are laid out in Law No. 48 on Dehkan Farms, from 2002.

Encroachers

People who have trespassed onto private/government/community land for which they are not authorized to use. If such people arrived before the cut-off-date, they are eligible for compensation for any affected structures, crops or land improvements.

Entitlements

The range of measures comprising cash or in-kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, which are due to DPs, depending on the type, extent and nature of their losses, and which suffice to restore their social and economic base.

Eligibility

Any person who resided in the Project area before the cut-off date that suffers from (i) loss of house, (ii) loss of assets or ability to access such assets, permanently or temporarily, or (iii) loss of income sources or livelihood, will be entitled to compensation and/or assistance.

Household

All persons living under one roof or occupying a separate housing unit, having either direct access to the outside (or to a public area) or a separate cooking facility. Where the members of a household are related by blood or law, they constitute a family. http://www.businessdictionary.com/definition/household.html

Khukumat District administration in Tajikistan Income restoration

This is the re-establishment of sources of income and livelihood of the affected households.

Income Restoration Program

A program designed with various activities that aim to support displaced persons to recover their income / livelihood to the pre-Project levels. The program is designed to address the specific needs of the affected persons based on the Socioeconomic (SES) survey and consultations.

Inventory of Losses (IOL)

This is a process in which all fixed assets (i.e. lands used for residence, commerce, agriculture; houses; kiosks, stalls and shops; ancillary structures, such as fences, gates, paved areas and wells, affected trees and crops etc.) with commercial value and sources of income and

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livelihood inside the Project right-of-way (Project area) are identified, measured, their owners identified, their exact location determined, and their replacement costs calculated.

Jamoat A sub-district level administration

Land Acquisition

Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land/assets for public purposes in return for in-kind replacement or compensation at replacement costs.

Land Acquisition and Resettlement Plan (LARP)

A time-bound action plan with budget setting out compensation for affected land/assets and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Non-titled Means those who have no recognizable rights or claims to the land that they are occupying.

Poor

The poor are persons registered by the Khukumats as poor. The ‘poorness’ is based on the total score of points assigned for income of each household member, home condition, number of household’s members, number and type of belongings such as a car and agricultural machinery, possession of animal livestock as the main poverty indicators.

Presidential Land

Means land for which use rights have been allocated by a Presidential Decree, but ownership remains with the state.

Rehabilitation

This refers to additional support provided to DPs losing productive assets, income, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life.

Replacement cost

The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any.

Reserve Fund Land

Means land owned by the state and controlled by the district administration that may be rented, mainly for agricultural use.

Resettlement This includes all measures taken to mitigate all adverse impacts of the Project on DP’s property and/or livelihood. It includes compensation, relocation (where relevant), and rehabilitation as needed.

Severely Affected

This refers to affected households who will (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project.

Sharecropper A person who cultivates land s/he does not own for an agreed proportion of the crop or harvest.

Significant impact

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

Vulnerable

Anyone 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 heads of household; (iii) poor households; (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) small farmers (with landholdings of two hectares or less).

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EXECUTIVE SUMMARY

1. The Asian Development Bank (ADB) has approved a Transaction Technical Assistance

(TRTA) Grant (TA 9639-TAJ) to the Government of the Republic of Tajikistan, through the Ministry of Labour, Migration, and Employment (MOLME), for the preparation of the new Skills and Employability Enhancement Project (SEEP). The SEEP Project is aligned with the priority areas on productive employment expanded in line with the National Development Strategy of the Republic of Tajikistan for the Period up to 2030. The Project will support: (i) youth and women who seek job opportunities in domestic labor market in Tajikistan; and (ii) Tajik people who seek job opportunities in overseas labor market. MOLME will be the Project executing agency. The project administration group (PAG), to be established under MOLME, will be the implementing unit.

2. Project Objective: The SEEP is aimed at improving the skills and employability of youth and women for both the domestic and overseas labor markets through different interventions, among other interventions the project will establish new Migration Service Centers (3) and new Job Centers (4) in targeted areas.

3. Target Locations are 6 sites, including 3 areas of Khatlon province (Vose district, Bokhtar city

and Danghara district), 1 city of Sughd Province (Khujand city), 1 district of District of Republican Subordination (DRS - Roghun town) and Dushanbe city (the capital of the country). The selection of the sites for the new Job Centers was based on a careful analysis of the potential for economic growth and the need for the creation of employment. The centers will be in areas that have a focus on the selected sectors to facilitate close liaison with labor market demand and to take advantage of possible participation by industry. The new Job Centers will be constructed in Dushanbe (tourism), Danghara (agriculture) and Roghun (energy). The sites for the proposed centers were selected based on those areas which had the greatest number of workers who are seeking work overseas and which tend to be poorer areas. The proposed site location in Dushanbe is currently registered under the Rudaki district (DRS), adjacent to Dushanbe, in 2020 the proposed site will be part of Dushanbe in accordance with the Master Plan of Dushanbe city.

4. Project proposed categorization for Involuntary Resettlement (IR): As per preliminary designs, the proposed locations for the construction sites anticipate land acquisition and resettlement issues. To address the potential resettlement impacts, in accordance with Safeguards Policy Statement (SPS) 2009, the Client has prepared this draft land acquisition and resettlement plan (LARP). Based on the preliminary impact data provided in this draft LARP, the proposed categorization for Involuntary Resettlement in accordance with SPS 2009 and Operations Manual (OM) F1 will be Category B. This LARP was prepared in December 2019 and it covers only the construction component of the Project. The LARP will be finalized based on the final technical design for the Job and Migration Centers to be constructed.

5. The key objective of this LARP is to provide effective, practical guidelines to PAG/MOLME and the Project Management Team to implement the land acquisition and compensation processes, using the principles and requirements of the current legal and regulatory procedures of Tajikistan and in compliance with ADB SPS 2009.

6. This LARP consists of 9 chapters, covering project information, scope of land acquisition and resettlement impact, socio-economic profile of the affected population, information & disclosure, consultation and participation procedures, Grievance Redress Mechanism (GRM), legal and policy framework, compensation budget, institutional and implementation arrangements, monitoring and evaluation of the LARP.

7. Assessment methods used: To accurately assess the extent of the Project’s LAR impacts, the

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following methods and instruments were applied: (i) desk review; (ii) social due diligence review; (iii) inventory of losses; (iv) socio-economic survey; (v) preliminary valuation of losses; and (vi) public consultations with DPs. The field visits to the six sites were conducted between 23 and 27 September 2019 and November 25 - December 5, 2019. Based on the preliminary impact assessment, the proposed scope of civil works will not trigger a significant land acquisition and resettlement impacts1 under the Project. Detailed Measurement Survey (DMS) of affected assets is to be conducted by the PAG representatives, land specialists, national resettlement specialists, with the participation of the DPs during the finalization of the LARP.

8. Preliminary land acquisition impacts: The social safeguards impact assessment determined that the proposed activities will have no adverse social impacts on the local communities, private property, and private lands in 3 locations (Vose, Khujand and Bokhtar), as the construction activities will be carried out within the existing boundaries of MOLME- controlled technical colleges and Labor and Employment Offices.. In other two locations, including Dangara and Rogun, the local authorities allocated reserve land plots, and no resettlement impacts are foreseen. No resettlement impacts were stated in 5 sites. The project will have no adverse social impacts on the local communities, private property, private businesses or private lands, as well as any non-registered usage of land in 5 mentioned locations. However, the resettlement impacts are anticipated at the Dushanbe site. Dushanbe administration identified an agricultural land plot located in Rudaki district, adjacent territory to be transferred to Dushanbe soon. The land acquisition will impact 10 households with arable lands in Gulbutta village within Chimteppa jamoat of Rudaki. Besides impacts on the land of 10 households, there are low and high voltage electricity lines that should be moved up to allow construction and safety zone installation. One or two tower reinstallation may require additional permanent land acquisition of 0.30-0.80 ha and will affect agricultural lands of a couple households. Until the final technical designs are prepared and cleared with Barqi Tojik (Electricity company), this impact cannot be assessed and valuated.

9. Impact on Crops: The project will have no economic impacts in 5 sites, though it does envisage severe economic impact on 10 households in Rudaki district (Dushanbe proposed site). There will be loss of income source from agricultural lands of the DPs. Mitigation measures and compensations for the permanent losses of land use rights and loss of income from crops on land will be provided following the ADB SPS 2009 and Tajikistan Laws and requirements. The Project will permanently impact 80,000 m² of land under crops. Main affected crops are vegetables 221.5 tons, and fodder 52 tons. Project will compensate gross crops value for permanently affected land parcels in Rudaki district.

10. Vulnerable groups and severely affected households: As per household socio-economic profile information, there are 5 affected households in Rudaki/Dushanbe considered vulnerable based on vulnerability criterion set for the project. Their number will be finalized during DMS, and these vulnerable households will be compensated in accordance with EM provisions. Able-bodied members of vulnerable households will be given priority in project-related jobs. As per the estimated land requirement for the project and importance of the required lands to the land owners, all 10 households in Rudaki are severely affected as they lose 100% of their income generating land-holdings.

11. Temporary impacts during construction: Communities in the project areas may suffer from temporary impacts during construction such as dust, noise, movement restriction, etc. Civil works constructors will establish site camps and access paths as well as stockyards requiring temporary use of land. Mitigation measures need to be considered especially at Vose, Khujand and Bokhtar areas, as the public buildings, community roads are very close to the project

1 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 displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

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location. Taking measures to mitigate such temporary impacts and ensure safety will be the responsibility of the civil works contractor.

12. The construction process will have temporary impact on agricultural crops during civil works in Dushanbe/Rudaki site. The estimated land area for temporary use to construct the center and provide access to construction sites is estimated at 3200 sq. meter (0.32 ha). Temporary impact will be defined for those lands under agricultural use only.

13. Legal framework: The LARP outlines the legal provisions to be applied by the PAG resettlement team to implement the land acquisition and compensation processes, using the principles and requirements of the current legal and regulatory procedures of Tajikistan and in compliance with ADB SPS 2009. The policy framework for the Project is based on the Tajik Land Code and Government Regulation # 641 “about compensation of losses to the land users and losses of agricultural products” and the ADB Safeguards Policy Statement of 2009. The three important elements of ADB’s 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 for rehabilitation to achieve at least the same level of well-being with the project as without it. For any ADB operation requiring involuntary 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 12 key policy principles for involuntary resettlement.

14. Public consultation and disclosure: During the preparation of the draft LARP, the public consultations were held with local authorities, communities and key stakeholders in target areas. In total, 138 persons (94 males and 44 females) participated at consultations, including ten affected households in Dushanbe/Rudaki site. The main objective of consultations was to share information about the Project, to include communities’ suggestions in the design as much as feasible and to ensure DPs’ and local authorities’ cooperation during the LARP preparation and implementation. The DPs and local authorities were informed about the Project, resettlement processes, Grievance Redress Mechanism (GRM), entitlements, allowances and other available assistance for all DPs and in particular, for vulnerable and severe affected households. The public consultation on draft LARP was held in Rudaki district on December 4, 2019. Whenever the draft LARP will be finalized, reviewed and approved by the EA/PAG and ADB, it will be translated into Tajik language and disseminated transparently to the local authorities’ offices and DPs, other stakeholders, and the public in general have an easy online access to it. This document will be posted on the EA’s and ADB’s websites. Apparently, project communities and affected households will receive the LARP information leaflet and a copy of LARP, GRM information leaflets at early stages of the project implementation.

15. The project-specific Grievance Redress Mechanism will be identical for the environment and social aspects of the project. The project will establish a National Grievance Redress Committee (NGRC) at the MOLME/PAG level according to ADB SPS 2009 requirements. Local Grievance Redress Committees (LGRC) will be established in each district and will report to the NGRC. The LGRC members of each district shall visit the sites regularly to meet the local residents and workers at construction site. Local communities and individuals can contact the LGRC in case of any appeals, requests or claims. No claims have been registered so far, as no works were done at the site. Affected persons (APs) have right to appeal to the court of law at any time if they wish to do so.

16. Project-Specific Entitlement Matrix: All DPs in the Project are entitled to compensation and resettlement assistance to help the restoration of their livelihoods to pre-Project levels. The combination of compensation measures and resettlement assistance offered to them depends on the nature of the lost assets and the magnitude of the Project’s impact as well as the social and economic vulnerability of the affected persons. All DPs are eligible for compensation and

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rehabilitation assistance, irrespective of their land ownership status. The compensation packages reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.). All rates will be updated based on relevant market studies by qualified appraisers, at the time of the final LARP preparation based on the detailed design (Q 1, 2021). Any unanticipated impact that occurred during the Project implementation, (such as additional land and other assets acquisition, unavoidable stoppage of business during the construction) will be compensated as per the entitlement matrix. All the necessary conditions related to unanticipated impact during the construction will be included in the civil work contract with the Contractor.

17. The valuation methodology is adopted for the determination of unit rates, cost of LAR and

compensation that will be paid to DPs for resettlement impacts caused by the Project. The compensation entitlements of different categories of DPs have been defined according to the ADB SPS (2009) and the applicable laws of the Republic of Tajikistan. The compensation rates for crops, buildings, structures and fruit trees, will be determined by a certified independent valuator.2 All land in Tajikistan belongs to the government and therefore, there is no official land market, nor established value of land. As accepted for all ADB Projects, compensation will be paid for the loss of land use right. Compensation for loss of land use right is based on the local governments’ data on the yearly yield of different crops grown in the area. The value of lost businesses’ profit is based on data from the Taxation Committee of the Republic of Tajikistan. Estimated value of all crops affected in the Project area was aggregated by the statistical department of the local jamoat of Chimteppa of Rudaki district based on market value of the crops. Considering the severe impact on the HHs due to loss of all their agricultural land holdings, and the fact that they rejected the suggested land plots opting the cash compensation, additional analysis will be carried out on comparable land plots’ availability within the area besides the ones suggested by district and support the APs to obtain new land plots as needed - this analysis will be done during the finalization of LARP by the valuation specialist to provide relevant livelihood restoration measures as needed.

18. Compensation budget: Funds for the implementation of the LARP are part of the overall project budget. The budget indicated in this LARP is based on a preliminary calculation of the number and type of affected people and on the estimated market price rates in 2019 of major crops grown in the project area. The estimated total budget of LAR compensations is 382,630.71 TJS (39,527.76 USD). It also includes 10% of contingencies and 5% miscellaneous expenses for administrative costs that might incur during the implementation of the LARP. During the final assessment of losses, rates will be adapted to market levels in 2020, compensation calculations will be updated by the independent valuation company.

19. LARP implementation and monitoring: The Project Administration Group (PAG) to be established under the MOLME will undertake daily project operations and management, including resettlement implementation. The update, implementation and monitoring of the LARP will be the responsibility of PAG Resettlement Specialist. The completion of the LARP implementation will result in preparation of the LARP Implementation Report. Approval of the Report by ADB is a condition for the commencement of the civil works.

2 The State Valuation Company “Narkhguzor” could be contracted to make final valuation of affected assets.

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1. PROJECT INFORMATION

1.1 Project Description

20. The Asian Development Bank (ADB) has approved a Transaction Technical Assistance (TRTA) Grant (TA 9639-TAJ) to the Government of the Republic of Tajikistan, through the Ministry of Labour, Migration, and Employment (MOLME), for the preparation of the new Skills and Employability Enhancement Project (SEEP). The SEEP Project is aligned with the priority areas on productive employment expanded in line with the National Development Strategy of the Republic of Tajikistan for the Period up to 2030. The Project will support: (i) youth and women who seek job opportunities in domestic labor market in Tajikistan; and (ii) Tajik people who seek job opportunities in overseas labor market.

21. Project Objective: The SEEP is aimed at improving the skills and employability of youth and

women for both the domestic and overseas labor markets through different interventions, among other interventions the project will establish new Migration Service Centers (3) and new Job Centers (4) in targeted areas.

22. The Migration Service Centers will provide pre-departure services to migrants to include, but

not limited to, the following: (i) establish and equip new "Migration Service Centers" for job seekers in overseas labor market and migrant returnees; (ii) provide more comprehensive "pre-departure orientation program" to enhance the living conditions of migrants; (iii) develop new "pre-employment t program" to help the migrants find better jobs; (iv) provide financial literary and basic IT communication skills training for safe remittance transmission and better access to social welfare information; (v) pilot behavior change initiatives for migrants and migrant families; and (vi) provide new job counselling services for returning migrants and banned migrations.

23. The new Job Centers will provide a full range of services for job seekers including (i) job guidance and provision of information about the local labor market; (ii) technical training in basic skills like general workplace health and safety, use of hand tools, and preparation and cleaning of workplace; (iii) practical technical training for specific skills in the selected priority occupations of targeted industry sectors including industry based support such as on-the-job training; (iv) development of soft skills and skills aimed at finding a job (e.g., CV writing, job search, job interview skills); and (vi) basic ICT training.

24. Target Locations are 6 sites, including Dushanbe, Dangara, Rogun, Khujand, Bokhtar and Vose. The selection of the sites for the new Job Centers was based on a careful analysis of the potential for economic growth and the need for the creation of employment. The centers will be in areas that have a focus on the selected sectors to facilitate close liaison with labor market demand and to take advantage of possible participation by industry. The new Job Centers will be constructed in Dushanbe (tourism), Dangara (agriculture) and Rogun (energy). The Project will construct 3 new Migrant Service Centers in Khujand, Bokhtar, and Vose with a fourth center within the Dushanbe Job Center. The sites for the proposed centers were selected based on those areas which had the greatest number of workers who are seeking work overseas and which tend to be poorer areas.

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Table 1. Key Project Activities with Milestones Output 1. More inclusive and targeted migration supports provided 1.1 Four new “Migration Service Centers” are established and equipped by Q3 2024 1.2 New “Pre-departure service program” is developed by 1Q 2024 1.3 New “Pre-employment program” is developed by Q1 2024 1.4 New “Financial literary and basic IT communication program” is developed by Q1 2024 1.5 Behavior change initiatives for the migrants and migrant families are developed by Q1 2024 1.6 New “Entrepreneurship program” is developed by Q1 2024 1.7 Training and equipment are provided to the selected Adult Learning Centers by Q3 2024. Output 2. Access to and relevance of public employment services enhanced 2.1 Three new “Job Centers” are established and equipped by Q3 2024 2.2 New short-term training programs on tourism, energy, and agriculture are developed using the competency-based training approach by Q1 2024 2.3 Pilot childcare centers are established by Q3 2024 2.4 New “Soft skills training program” is developed by Q1 2024 2.5 Job counselling services using IT tools start for the job center clients by Q3 2024 Output 3. Planning and management of migration and employment services strengthened 3.1 National Classification of Occupation is updated by Q4 2023 3.2 The skills and employment survey for tourism is conducted by Q2 2023 3.3 the Labor Market Portal under MOLME is updated by Q4 2023 3.4 Client Tracer Surveys are conducted by Q4 2025 3.5 Overseas training for the migration and employment departments/agencies are organized by Q4 2023 3.6 Awareness raising activities for the migrant service centers/job centers are carried out by Q3 2024

25. The project outputs 1.1 Four new “Migration Service Centers” are established and equipped by Q3 2024 and 2.1 Three new “Job Centers” are established and equipped by Q3 2024 anticipate land acquisition and resettlement issues.

1.2 Scope of Civil Works

26. The civil works will be undertaken in accordance with the detailed designs for each facility, which have been preliminary drafted by the TRTA civil engineer. These will be internationally tendered and assessed through the ADB processes for procurement of detailed design and supervision contracts. As per preliminary design, the proposed locations for the construction sites are as follows:

(i) Dushanbe city (the capital of the country): combined Job Center and Migration Service Center focused on the Tourism sector;

(ii) Rogun town: Job Center focused on the Energy sector; (iii) Dangara district: Job Center focused on the Agriculture sector; (iv) Vose district: Migration Service Center; (v) Bokhtar city: Migration Service Center; and (vi) Khujand city: Migration Service Center.

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Table 2. Civil Works Planned under the Project

1.3 Rational for LARP

27. The proposed scope of works will not trigger a significant land acquisition and resettlement impacts3 under the Project. This draft land acquisition and resettlement plan (LARP) is based on the results of the inventory of losses (IOL) conducted in December 2019 based on preliminary designs. The LARP will be updated with regards to the sizes of permanent and temporary losses after conducting the detailed measurement survey of all affected assets after following project scope approval, completion of detailed engineering design, and the demarcation of the construction sites. Based on the preliminary impact data provided in this draft LARP, the proposed categorization for Involuntary Resettlement (IR) in accordance with SPS 2009 and OM F1 will be Category B.

28. To ensure that data on impacts is updated accordingly to the final detailed design and that Displaced Persons (DPs) are fully compensated and/or rehabilitated before their land is taken for construction purposes, two basic project implementation conditions related to this LARP are provided as follows:

3 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 displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

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(i) LARP finalization and implementation: based on detailed design, with updated data on DPs and costs, ADB and Government approval of the updated LARP with further disclosure, and on the monitoring and reporting of LARP implementation by safeguards monitoring team of PAG supported by safeguards specialists of Project Management Consultant (PMC).

(ii) Provision of no objection to the commencement of civil works in areas with impacts, i.e full delivery of the compensation/rehabilitation program detailed in the final LARP based on proof provided by a compliance report prepared by the safeguards monitoring team of PAG in assistance of PMC and approved by ADB.

1.4. Objectives of the LARP

29. The key objective of this LARP is to provide effective, practical guidelines to PAG/MOLME and the Project Management Team to implement the land acquisition and compensation processes, using the principles and requirements of the current legal and regulatory procedures of Tajikistan and in compliance with ADB SPS 2009. The key tenets that will guide LAR for the Project are:

o Land acquisition will be avoided or at least minimized; o Compensation will ensure maintenance of “pre-project” living standards of DPs; o DPs will be fully consulted/ informed on compensation options; o Socio-cultural institutions will support DPs; o LARP procedures will equally apply to women and men; o Lack of land user certificates will not prevent compensation rights under the

entitlement matrix; o Resettlement procedures will be conceived and executed as an integral part of

the project and budgets for LARP will be included in project costs; o Impact on buildings and structures will be avoided; and o LARP and all compensation payments will be completed and endorsed by ADB,

before commencement of civil works in impacted areas.

30. According to proposed scope of civil works under the Project, this draft LARP has been prepared, based on information received during the field visits, detailed census and socioeconomic survey of all identified households with possible landholdings, located within the proposed project sites, also during the consultations and meetings with stakeholders (interested parties) at the project areas.

31. The draft LARP:

• identifies the number of households with landholdings within the proposed construction sites;

• estimates a rough extent of losses;

• identifies applicable principles and legal framework to compensate/rehabilitate the DPs;

• establishes the responsibilities and mechanisms for the implementation of the compensation/ rehabilitation process;

• provides relative schedules and costs, including estimated compensation and

• allowances of each DP; and

• monitoring responsibilities and tasks.

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2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACT

2.1 Survey Methodology

32. One of the key principles adopted for the preparation of this LARP is that all compensation payments and livelihood restoration assistance must be based on a detailed understanding of the Project impacts on displaced people. For this LARP, data was collected in September 2019 and clarified in December 2019 to verify the potential social impacts and to determine the profile of the communities and displaced people (DPs) to be affected by the project. In order to accurately assess the extent of the Project’s LAR impacts, the following methods and instruments were applied:

(i) Desk review - to understand the local context based on the available secondary data on socio-economic situation and land management issues in 6 target areas;

(ii) Social due diligence review – to screen potential social risks and resettlement impacts in 6 target areas;

(iii) Inventory of Losses - to preliminary record the number and scale of affected assets at the project pre-appraisal stage;

(iv) Socioeconomic Survey (SES)- to identify the current socioeconomic condition of displaced individuals and households and business owners as well as perceptions of Project impact on their livelihood;

(v) Preliminary valuation of losses – to draft compensation budget for identified losses based on data on crops patterns, productivity and costs provided by local jamoats and district authorities; and

(vi) Public consultations with potential AHs and DPs and official meetings with jamoat and khukumat representatives in target sites.

33. Detailed Measurement Survey (DMS) of affected assets is to be conducted by the PAG representatives, land specialists, national resettlement specialists, with the participation of the DPs during the finalization of the LARP. The scope of the DMS and assets inventory will include the identification, classification, measurement and valuation of the losses.

34. The field visits to the six sites were conducted between 23 and 27 September 2019 and November 25 - December 5, 2019. The desk review and field visits findings are described in the subsections below.

2.2 Preliminary Land Assessment and resettlement Impacts

2.2.1 Impact on lands

35. The social safeguards impact assessment determined that the proposed activities will have no adverse social impacts on the local communities, private property, and private lands in 3 locations (Vose, Khujand and Bokhtar), as the construction activities will be carried out within the existing boundaries of MOLME- controlled technical colleges and Labor and Employment Offices. No resettlement impacts were stated in those sites. In other two locations, including Danghara and Roghun, the local authorities allocated reserve land plots, and no resettlement impacts are foreseen. Dushanbe administration identified an agricultural land plot located in Rudaki district, adjacent territory to be transferred to Dushanbe soon. The resettlement impacts are anticipated at the Dushanbe site.

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2.2.1.1 Land impacts in Vose district

36. The proposed civil works in Vose will be implemented within 0.30 ha of land, located within the boundaries of TVET school #16 of Vose district. The school has 1.84 ha of land fenced by a wall. The proposed Vose District Migration Service Center will consist of a three-story structure and a workshop training area with a total floor area of 1,570 m². The main building will have a total floor area of 1,350 m² for general and special classrooms, information and communication technology (ICT) room, administration room, teachers’ rooms and other related facilities, as well as three construction training areas (for electrician helpers, plasterers, and welders) with a total floor area of 220 m². Photo 1 shows the existing conditions in the subproject area.

37. The proposed site is within the property of an existing vocational technical school operated by MOLME, therefore the civil works will have no adverse social impacts on the local communities, private property, private businesses or private lands, as well as any non-registered usage of land in Vose. The land title of the TVET School # 16 is enclosed in Annex 1. The social due diligence checklist completed for Vose is enclosed in Annex 2.

2.2.1.2 Land impacts in Danghara district

Proposed civil works in Danghara will be implemented at 1.17 ha of land plot provided by the local administration (khukumat) at the new settlement (46 ha, Khuroson village in Korez jamoat), which has been constructed since 2017. The households received land plots for construction of residential dwellings and some of them has started their constructions, some are not yet. The land plot allocated within this area is in the south of the new village closer to the automobile road. No crops, no buildings, neither private nor public, will be affected as the land plots have marking points according to the new settlement Master Plan enclosed in Annex 1.

38. The existing conditions in the subproject area are shown in Photo 2. The proposed center will

Photo 1. Existing Conditions at Proposed Subproject Site, Vose District

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consist of a four-story structure and a workshop training area at the basement and will occupy a total floor area of 3,950 m². The land certificate will be issued on behalf of the MOLME in early 2020. The social due diligence checklist completed for Danghara is enclosed in Annex 2. The project will have no adverse social impacts on the local communities, private property, private businesses or private lands, as well as any non-registered usage of land in Danghara.

Photo 2. Proposed site in Khuroson Village, Korez jamoat, Danghara

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2.2.1.3 Land impacts in Roghun Town

39. The local administration of Roghun town allocated a 2.04 ha land plot for construction of a Job Center in Roghun. The proposed site was part of the lands given in 2003 to the state-owned Joint Stock Company Hydro Electro Station (JSC HES) Roghun for infrastructure development. However, since the JSC HES Roghun has not used it up to now, based on the local administration request the unused lands were returned to the town in 2019; the documents signed by all relevant authorities and the JSC HES Roghun’s concurrence are enclosed in Annex 1.

40. The Rogun Job Center site is flat unoccupied land approx. 20 m far from an abandoned workshop/ warehouse. The proposed site has no crops, buildings or businesses. The existing conditions in the subproject area are shown in Photo 3.

41. The proposed center will consist of a four-story structure and a workshop training area at the

basement and will occupy a total floor area of 3,990 m². The land certificate will be issued in early 2020 on the name of MOLME. The project will have no adverse social impacts on the local communities, private property, private businesses or private lands, as well as any non-registered usage of land in Roghun.

2.2.1.4 Land impacts in Khujand City

42. The proposed Khujand City Migration Service Center will require 0.30 ha of land to be allocated within the premises of the State Agency on Labour and Employment surrounded by the walls. The proposed center will consist of a three-story structure and a workshop training area at the basement and will occupy a total floor area of 1,570 m². The copy of the land registration of 0.67 ha for the Migration Center issued on 02.12.2019 is enclosed in Annex 1.

43. As the construction site is near the main building of the Agency, the site will need to be secured from unauthorized entrance. The Migration Service Center site will also be built adjacent to concrete-lined water canal embankment and a basketball court, shown in the photos below. The building site has access through side doors, as shown in the photo below. Access for able-bodied and PWDs can be constructed from the car park across the existing water channel without having to go through the main State Agency office, but PWD access ramps should still be considered for the main entrance. The existing conditions in the subproject area are shown in Photo 4.

Across the road at the rear center of the photo is the

military facility (light blue building).

Abandoned warehouse and workshop behind the

proposed Job Center location.

Photo 3. Proposed Site in Roghun Town

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44. The trees within the premises are owned by the Agency and will be replanted based on the

environmental requirements. The project will have no adverse social impacts on the local communities, private property, private businesses or private lands in Khujand, as the site for the proposed Migration Service Center is entirely within the campus boundaries.

Main entrance road to Khujand State Agency for

Labour and Employment, where the proposed Job

Center is to be constructed.

Front entrance to the State Agency for Labour and

Employment. The construction site is located on the

left side of the main entrance. Main entrance is not

PWD-friendly and will need a ramp to be constructed

View of water channel that could be bridged to give

direct access to the site from the car park, which

would provide easier access for PWDs.

View from proposed site to adjacent basketball

court, which will be maintained post construction.

Side entrance may provide access to site for

construction materials etc.

The site location is entirely within the boundaries of the

State Employment Agency. During civil works some

trees will be affected; they need to be replanted.

Photo 4. Proposed Site in Khujand

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2.2.1.5 Land impacts in Bokhtar City

45. The proposed Bokhtar City Migration Service Center will require 0.30 ha of lands to be allocated by the Bokhtar Technical Lyceum. The proposed site is adjacent to a dormitory for boys attending the lyceum. Discussions with students showed that the sanitary conditions at the dormitory are poor: no running water in the dormitory and the sewage tank was full.

Photo 5. Proposed site in Bokhtar

The proposed site is between the trees and the

dormitory.

Photo taken on site looking back to the Lyceum.

The Migration Center will be approximately 20-30 m

from the dormitory housing 80 young men.

Current entrance is through the green gate. Consideration

needs to be given to opening a temporary entrance 40 m

to the right to minimize disturbance to dormitory

Front entrance of the Lyceum used as admin area and

access to dormitory.

Sign in front of Lyceum at the rear of the campus

showing women working in non-traditional roles.

Photo 5. Proposed construction site in Bokhtar

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46. During civil works there might be temporary limited access to the dormitory. Information meetings with students living in the dormitory will need to be undertaken by the civil works contractor to ensure that their privacy rights are respected, their services are maintained; and access to the dormitory is not compromised. As depicted in the photo above, consideration needs to be given to temporarily moving the entrance to 40 m to the right of the green doors to minimize disturbance to dormitory residents and create a safe working separation between the dormitory and the construction site. The existing conditions in the subproject area are shown in Photo 5.

47. The proposed center will consist of a three-story structure and a workshop training area at the basement and will occupy a total floor area of 1,570 m². The proposed site is within the property of an existing vocational technical lyceum operated by MOLME (the land title is enclosed in Annex 1). Social due diligence review and checklist completed (attached in Annex 2) showed no involuntary land acquisition issues at the proposed site.

2.2.1.6 Land impacts in Dushanbe City

48. The Migration and Jobs Center in Dushanbe requires approximately 1.0 ha of land; however,

Dushanbe city has no sufficient spare land plots. In this regard, the Architecture Department of Dushanbe city proposed the appropriate site at the neighboring Rudaki District. The proposed land plot along with other 4,000 ha of Rudaki district will be transferred to Dushanbe in half-a-year period, as they have already been incorporated into the Master Plan of Dushanbe City. The land title will be issues after land transfer to Dushanbe, approximately in mid-2020. No construction can be started on the site before the proper land transfer is officially issued.

49. Social due diligence review and community consultations showed that the proposed site is agricultural land being used by households. The land acquisition will impact 10 households with arable lands in Gulbutta village within Chimteppa jamoat of Rudaki. Each will lose 0.08 ha of arable lands provided under the Presidential decree in 1998 as auxiliary lands to economically support the needy households (extended low-income families). They will permanently lose all their small land plots and vegetable crops, which served as income source for half of the households. Each household possesses 0.08 ha irrigated households’ plots, no other land plots are owned or rented.

Photo 6. Proposed site in Dushanbe (Rudaki location)

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Table 3: Summary of Impacts on Lands in Rudaki district /Dushanbe site

Table 4. Details of Impacts on Lands by AHs in Rudaki District

# # of Land Title certificate or legal document

Land area (ha) Type of land

Land title (yes-1, no – 2)

Affected area

Severity of impact, % of loss

1. 0278719 0,08 agricultural 1 0,08 100%

2. 0278720 0,08 agricultural 1 0,08 100%

3. 0278723 0,08 agricultural 1 0,08 100%

4. 0278725 0,08 agricultural 1 0,08 100%

5. 0278727 0,08 agricultural 1 0,08 100%

6. 0278714 0,08 agricultural 1 0,08 100%

7. 0278716 0,08 agricultural 1 0,08 100%

8. 0278717 0,08 agricultural 1 0,08 100%

9. 0278715 0,08 agricultural 1 0,08 100%

10. Local government order #30

0,08 agricultural 1 0,08 100%

11. TOTAL 0,80 ha 0,80 ha

50. Besides impacts on the land of 10 households, there are low and high voltage electricity lines that should be moved up to allow construction and safety zone installation. One or two tower reinstallations may require additional permanent land acquisition of 0.30-0.80 ha and will affect agricultural lands of a couple households. Until the final technical designs are prepared and cleared with Barqi Tojik (Electricity company), this impact cannot be assessed and valuated.

Photo 7. Dushanbe Site Voltage Lines

4 Small spring area and ROW of the low voltage towers.

Land category

Land use right Average % of impact on lands based on total landholding

Total area (ha)

Permanently Affected land area (ha)

Right of Way land plots4 to be affected (ha)

No of AHs

No of DPs

Auxiliary agricultural lands to support needy households (presidential lands)

1,0 0,80 0,20 10 92 80%

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2.2.2 Impact on Crops

51. The project will have no economic impacts in 5 sites, though it does envisage severe economic impact on 10 households in Rudaki district (Dushanbe proposed site). There will be loss of income source from agricultural lands of the DPs. Mitigation measures and compensations for the permanent losses of land use rights and loss of income from crops on land will be provided following the ADB SPS 2009 and Tajikistan Laws and requirements.

52. The Project will permanently impact 80,000 m² of land under crops. Households harvest two crops in a year, mainly cropping vegetables in late spring and fodder/grass in autumn on the same land plots. Hence, project will compensate for losses from both crops considering annual income loss. Project will have to compensate gross crops value for permanently affected land parcels. Main affected crops are vegetables 221.5 tons, and fodder 52 tons. Detailed information is provided in the table below. Table 5: Details on Crop Affected in Rudaki district /Dushanbe site

No Name of the dehkan farm/ Head of AHs

Type of land

Affected crops

Productivity of land (kg/ha)

Vulnerable 1=yes

Total land holdings (m2)

Permanently affected area (m2)

% of affected land

1 0278719

Agricultural Vegetables, corn

22125, 5200

1 800 800 100%

2 0278720

Agricultural Vegetables, corn

22125, 5200

1 800 800 100%

3 0278723 Agricultural Vegetables,

corn 22125, 5200

1 800 800 100%

4 0278725 Agricultural Vegetables,

corn 22125, 5200

1 800 800 100%

5

0278727 Agricultural

Vegetables, corn

22125, 5200

800 800 100%

6 0278714

Agricultural Vegetables, corn

22125, 5200

800 800 100%

7 0278716

Agricultural Vegetables, corn

22125, 5200

800 800 100%

8 0278717

Agricultural Vegetables, corn

22125, 5200

1 800 800 100%

9 0278715

Agricultural Vegetables, corn

22125, 5200

800 800 100%

10 Local government order #30

Agricultural Vegetables, corn

22125, 5200

800 800 100%

Total

221,250

kg 52,000 kg

5 8,000 8,000

53. There are no any other type of impacts and improvements on these affected lands, including

the agricultural laborers etc.

2.2.3 Vulnerable Groups and Severely Affected Households

37. Persons with disabilities and other health conditions are entitled to monthly social welfare benefits regardless of their gross per capita family income. Families, affected by the Project with a family member with disability, are entitled to allowances for vulnerable groups. In addition, large families with more than five dependent children below 18 years, single women-head of household registered as poor, elderly households with no means of living and households with disabled head of household/or the household members, are entitled to the vulnerability allowance.

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38. As per household socio-economic profile information, there are 5 affected households considered as vulnerable based on vulnerability criterion set for the project. Their number will be finalized during DMS, and these vulnerable households will be compensated in accordance with EM provisions. Able-bodied members of vulnerable households will be given priority in project-related jobs.

Table 6: Number of Vulnerable Households in Rudaki

No # of land certificates of AHs

Marital Status of the AH

head

Age Vulnerable grouping (w/o double counting)

# of HH members

# of disabled members in AHs

1 0278719 married 65 Elderly 14 0

2 0278720 married 63 Elderly 10 2

3 0278723 abondonded 55 Women

headed HH 11 0

4 0278725 married 47 Disabled 12 3

5 0278717 married 61 Disabled 11 1

Total 6

54. As per the estimated land requirement for the project and importance of the required lands to

the land owners, all 10 households in Rudaki are severely affected as they lose 100% of their income generating land-holdings.

2.2.4 Temporary Impacts during Construction

55. Communities in the project areas may suffer from temporary impacts during construction such as dust, noise, movement restriction, etc. Civil works constructors will establish site camps and access paths as well as stockyards requiring temporary use of land. Mitigation measures need to be considered especially at Vose, Khujand and Bokhtar areas, as the public buildings, community roads are very close to the project location. Taking measures to mitigate such temporary impacts and ensure safety will be the responsibility of the civil works contractor.

56. The construction process will have temporary impact on lands in two season harvest during construction of center in Dushanbe/Rudaki. This is estimated based on the duration of the construction which is estimated as 1 year of civil works. The estimated land area for temporary use to construct the center and provide access to construction sites is estimated at 3200 sq. meter (0.32 ha). Temporary impact will be defined for those lands under agricultural use only.

57. To eliminate such impacts, the civil works contractors will undertake the following measures (in line with the IEE) to be reflected in the Contractors’ bidding packages:

a) Informing all local communities about the nature and duration of work; b) Always keeping clean of construction materials and provide full access to

buildings, business places. Ensure vehicle and pedestrian access is not disturbed all the time;

c) Continuing accessibility to all types of facilities including communication lines, water systems, electricity, etc. that are available in the construction zone, should be ensured;

d) The requisite roads and paths to the proposed Job and Migration Service Centers will be constructed with a limited width, enough only to accommodate vehicles and equipment for construction and operation;

e) The contractors will be responsible for rehabilitation measures in case of temporary impacts on private or used land plots according to this LARP provisions;

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f) Wherever possible limit area to be cleared and avoid excessive machine disturbance of the topsoil as this is required to be removed and stored;

g) Areas of significant vegetation within the cleared area have been identified and have been shown to machinery operators;

h) Upon completion of the works, the exposed surfaces will be planted with the appropriate vegetation to prevent soil erosion;

i) Landscaping and planting of trees/vegetation at the site will be undertaken; j) Measures for minimizing dust and noise pollution as per the environmental

management plan.

58. The status, timing and duration of construction works as well as possible disruptions and inconveniences (e.g. noise) will be informed regularly and well in advance before any actual nuisance as follows:

• Notice at the khukumat information board;

• Information billboard at the construction site with the GRM contact numbers.

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3. SOCIOECONOMIC PROFILE OF THE AFFECTED POPULATION

3.1 Country profile

39. Tajikistan is a Central Asian country bordering Afghanistan, China, Kyrgyzstan and Uzbekistan. Tajikistan is divided into four regions: Sughd, Khatlon, Gorno-Badakhshan and Region of Republican Subordination, while the capital Dushanbe is administratively separate. Each region is divided into several districts (rayons) which are subdivided into village level self-governing administrative units – jamoats. There are 65 rayons and 368 jamoats in Tajikistan.

40. With some of the world’s highest mountains covering 93% of its territory, Tajikistan faces obvious obstacles to its development. These include unstable food security, limited transport connectivity, and low levels of private investment. Due to its narrow economic base and reliance on remittances by labor migrants, Tajikistan’s economy remains vulnerable to external shocks.

41. The Republic of Tajikistan is referred to the countries with rapidly growing population; it has reached 9,1 mln people (from them 49% are women, 40,6% - children under 18, and 66% young adults under 30) in 2019.5 Average number of resident populations in

Tajikistan has increased from 6.1 mln. people (2000) up to 9.1 mln. people (2019), i.e. by 49 percent. Around 74 percent of the population resides in rural areas. Tajikistan population is very young; for the past 70 years the number of populations increased in 6 times. Annual population growth rate in the country varies within 2.1 – 2.5%. According to latest estimates, average age of the population is 25, and median age is 22.2.6

42. Approximately 45 percent of the country’s irrigated land is located in Khatlon. Cotton is

the major crop grown in the area and accounts for 60 percent of the cotton harvest in the country. Its industry is represented by 334 enterprises7, focusing on chemical production, agricultural and food production & processing, and steel production. The Sughd province is endowed with 38% of irrigated lands in the country, together with the Khatlon region, they account for 83 percent of all irrigated lands in Tajikistan. Its industry is presented by 459 enterprises.8 There are important industries in Sughd, such as uranium deposits, reservoirs, textile enterprises, gold and coal mining plants. The province’s production ratio is 31.5% of the total industrial production of the country. The north of the country produces apricots, pears, plums, apples, cherries, pomegranates, figs, and nuts. Grown crops include mainly grains, wheat, barley, maize, rice, beans, potato, vegetables, fruits, grapes, fodder etc. Livestock is prevalent throughout the area, in the form of ruminants (mostly cows, yaks, goat and sheep) and small-scale poultry. There is no real fodder production, animals graze randomly along canals, roads, and meadows and live off crop residues in late fall/winter/early spring. Soils are presented mainly by grey-brown serozems (gray soils), brown-carbonate, and mountain steppe soils. Districts of Republican Subordination are engaged in production of construction materials and agricultural products, mainly vegetable and fruits.

3.2 Project areas profile

43. This section presents the findings on the major socio-economic characteristics of the affected Project communities. It is based on information provided by the khukumats’ key-

5 TajStat, 01.01.2019 6 www.worldometers.info/world-population/tajikistan-population 7 State Statistical Agency, 2016 8 Agriculture Commercialization Project, Sector Context, 2016

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informants, country statistical data and data collected through the socio-economic surveys undertaken in the Project area. The main objectives of the SES are to understand the existing socio-economic environment and vulnerability of affected people in the project sites, to use the data for preparation of the LARP budget and to identify groups and persons who may need additional support due to the Project’s impact.

44. The Project covers 3 areas of Khatlon (Vose, Bokhtar and Danghara), 1 city of Sughd (Khujand), 1 district of DRS (Roghun) and Dushanbe (the capital). The selection of the sites for the new Job Centers was based on a careful analysis of the potential for economic growth and the need for the creation of employment. The centers will be in areas that have a focus on the selected sectors to facilitate close liaison with labor market demand and to take advantage of possible participation by industry. The new Job Centers will be constructed in Dushanbe (tourism), Dangara (agriculture) and Rogun (energy). The sites for the proposed centers were selected based on those areas which had the greatest number of workers who are seeking work overseas and which tend to be poorer areas. The proposed site location in Dushanbe is currently registered under the Rudaki district (DRS), adjacent to Dushanbe, in 2020 the proposed site will be part of Dushanbe based on the Master Plan of Dushanbe.

45. Bokhtar is the administrative center of Khatlon region, while Khujand is the administrative center of Sughd. Dushanbe is the capital of the country.

Table 7: Population by Targeted Areas

Region District/city Population Population Density people/km² # of Jamoats # of villages

Khatlon Bokhtar city 110800 4261 0 0

Khatlon Danghara 136100 83 9 75

Khatlon Vose 214397 296 8 69

Sughd Khujand city 181700 4540 0 0

DRS Roghun 45364 47

3 53

Dushanbe Dushanbe city 1001700 6643 0 0

DRS Rudaki 472219 182 16 Source: Local Government Statistics, 2018-2019

46. Main sources of income in rural areas (Vose, Rudaki, Daghara, Roghun) are agriculture and cattle rising, and few industries and official jobs. Roghun also hosts the largest Hydro-electric station being constructed, which offers skillful and unskillful jobs. Main source of income in urban areas (Dushanbe, Khujand and Bokhtar) are service industry, official public jobs, a few industries and private companies. Average monthly salary in rural areas is 400 TJS for farmers, 717 TJS for workers in industry sector and 550 TJS other sectors such as education, services and official jobs. Average salary rates in urban areas are the same for public jobs, while in private sector they are twice higher.9

47. Only a very few households in the project areas visited can rely on agriculture as their

only source of income. Majority of people in the project areas are forced to pursue a “combination of subsistence agriculture, labour migration and shuttle‐trading through

9 The official average monthly wage for September 2019 was 1,325.40 (checked on 10.12.19) TJS/month and reported within

macroeconomic indicators by the Agency on Statistics under President of the Republic of Tajikistan. Available via:

http://stat.tj/en/macroeconomic-indicators/ and http://www.tradingeconomics.com/tajikistan/wages

29

which the poor seek to earn a living”. People try to diversify income opportunities by working within the village or elsewhere as driver, day labourer, shopkeeper, dressmaker, midwife, shepherd, etc. The labour market on a local and district level is very limited, while casual labour is generally very low paid. The most significant way of earning money remains therefore labour migration to Russia.

3.3. Profile of the affected population in Rudaki district

48. Socioeconomic survey was conducted on DPs in Rudaki district along with the process of community consultations in December 2019. Livelihoods depend on agriculture produces, non-official jobs, few small businesses and remittances from labor migration. To obtain information on the socio-economic profile and living conditions of the affected households and further assess the impacts of land acquisition on the DPs, review of secondary data obtained from state institutions and the socio-economic survey of 10 households (100%) of DPs was conducted in Chimteppa jamoat. To obtain households profile information a special questionnaire for socio-economic survey was used (see Annex 3). This will be used as a baseline for Internal Monitoring during implementation to ensure DPs are not made worse off by the LARP implementation and further mitigation measures implemented (if required).

49. Most of the surveyed households (62%) have 10 to 15 members, while households including 6-7 members comprise 38%. None of the affected households have 5 or less members. The average household size is 10 persons. There are total of 92 DPs in the affected area, with over 50% female presence.

Table 8. AH size and number of DPs in Rudaki district per gender

No IDs of DPs (based on land certificate #s) HH members

Male Female Total

1 0278719 7 7 14

2 0278720 4 6 10

3 0278723 5 6 11

4 0278725 7 5 12

5 0278727 2 4 6

6 0278714 4 2 6

7 0278716 5 2 7

8 0278717 5 6 11

9 0278715 6 9 15

10 Local government order #30 Joint HH with his father

Total 45 47 92

3.4. Age, Marital Status and Education Level of Household Head

50. Heads of the surveyed households have a mean age of 55 years, between 47-65 years old. Households with the age of the heads within 61-65 comprised 40%. In terms of marital status, all heads of the household are married with children. With respect to education, the majority of affected household heads (70%) have secondary education, while only 30% obtained specialized secondary education and no one with higher education.

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No

IDs of DPs (based on land certificate #s)

Marital Status

Age Education of AH heads

Employment status

# of disabled members in AHs

Completed Secondary

Completed technical

Completed higher

1 0278719 married 65 x Retired 0

2 0278720 married 63 x Retired 2

3 0278723 abandoned x Housewife

4 0278725 married 47 x Disabled 3

5

0278727 married 55 x

Unemployed 0

6 0278714 married 51 x Constructor 0

7 0278716 married 61 x Driver 0

8 0278717 married 61 x Disabled 1

9 0278715 married 52 x Entrepreneur 0

10 Local government order #30

married 37 x

Labour migrant

0

Total 55 7 3 0 6

51. At the same time, only 40% of the AH heads are employed, while the rest are either

unemployed or belong to vulnerable groups.

3.5. Household Income

52. All interviewed households depend on social assistance provided by the state as retirement or disability allowances, wages of their male labourers and income from agricultural activities. The AHs have 1-2 income-earning members having one sources of income. The agricultural products harvested at their small land plots are not even sufficient to feed their families. Each household possesses 0.08 ha irrigated households’ plots, no other land plots are owned or rented. They will permanently lose all their small land plots and vegetable crops, which served as income source for half of the households.

53. Preliminary assessment of the household cattle showed that 40% of affected

households own 2 heads of cattle or more, while 30% of AHs have only 1 head of cattle (cow), and the rest have none.

54. Incomes reported vary greatly. Monthly income of some affected households (30%) is 1000 – 1500 TJS, while the majority (70%) earn TJS 2000 and more per month from different sources. Out of 10 interviewed households’ two reported having at least 1 member in labor migration in Russia. Two households receive average 2500 TJS remittances from a member in migration every quarter but that is also not regular. Income of 70% of the affected households considered to be average compared to the overall earning capacity and sources of the rest of households in the jamoat.

3.6. Living Conditions in Project Affected Area

55. All interviewed households are living in the houses made of concrete, bricks or clay which are considered of moderate housing conditions. Ninety percent of houses reported to be of single floor with 4 rooms at average. All houses connected to the power grid and use electricity for lightening, cooking. In winter for heating and cooking they use coal and wood. All households are connected to potable water from the centralized water supply system available in the village. None of the houses is connected to the centralized

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sewerage system and all the households are using the outdoor latrines. None of the households is equipped with the landline phone. None of the households is connected to the natural gas supply system. Affected people have all necessary households’ utilities and devices. One of the affected households reported of having a private vehicle. Other households’ utilities, equipment, and electronic devices are available and used by all interviewed households. Among the project affected households, 5 households considered vulnerable per the vulnerability criterion identified for the project. One of the affected households are included in any government program of supporting vulnerable households.

3.7. Women in Project Affected Area

56. The rise of migration in the years following independence created both difficulties and opportunities for women. Interviews showed that wives of migrant workers took on the role of heads of households with the men leaving them to make most of the decisions. Anecdotal evidence suggests that migration has also resulted in an increased number of abandoned or divorced women in Tajikistan. Decision‐making in the household regarding e.g. agricultural production is often reserved to males and follows criteria of age, merit and expertise. Among 10 affected households in Rudaki, there is one female headed household, an abandoned woman.

57. In Rudaki, the majority of females from the AHs (95%) have incomplete secondary (9

grade) and complete secondary education (11 grade). Only five percentage of AH women have vocational education. In this context, the proposed Project will meet the needs of youth and women to build their vocational skills to enable them to seek job opportunities in domestic labor market of Tajikistan. The Project will promote gender mainstreaming through the offering of incentives for females to seek job training. These incentives include the provision of free childcare, free lodging during training in gender appropriate facilities, free transport to training sites and the piloting of a stipend program. The stipend pilot will encourage women for example to enroll in nontraditional energy training in Roghun Job Center.

58. In 100% of surveyed affected households in Chimteppa jamoat (Rudaki), women do housework and care for family members. Other activities performed by women are household gardening (50%), sewing services (10%) and nursing (10%) (see below table). The survey questions on the decision-making processes in households showed that women are consulted and take part in the decision-making process in all major family activities.

Table 9: Women’s Activities

Type of activities No of AHs %

Gardening at the household plot 5 50.00

Sewing services 1 10.00

Working as a nurse 1 10.00

House-work, family care 10 100.00

Other work 0 0.00

3.8. Ethnic Minority Groups

59. The population in target districts and cities is largely Tajik, with few Uzbeks and others. All nationalities are very similar to each other in cultural, historical and religious lifestyles. They

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use common public facilities (mosques, cemeteries and holy places of worship) with the mainstream Tajiks. The families of Uzbeks and other minorities do not live in isolation and there are mixed marriages and families. All ethnic minorities have the same and equal access to all types of resources alike the mainstream Tajiks, including the land, irrigation, drinking water, and other resources. Therefore, there are no indigenous peoples in the target areas, and there are no indigenous peoples affected by the project.

3.9. Vulnerable Groups and Severely Affected Households

60. Persons with disabilities and other health conditions are entitled to monthly social welfare benefits regardless of their gross per capita family income. Families, affected by the Project with a family member with disability, are entitled to allowances for vulnerable groups. In addition, large families with more than five dependent children below 18 years, single women-head of household registered as poor, elderly households with no means of living and households with disabled head of household/or the household members, are entitled to the vulnerability allowance.

61. As per household socio-economic profile information, there are 5 affected households considered as vulnerable based on vulnerability criterion set for the project. Their number will be finalized during DMS, and these vulnerable households will be compensated in accordance with EM provisions. Able-bodied members of vulnerable households will be given priority in project-related jobs.

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4 INFORMATION DISCLOSURE, CONSULTATIONS AND PARTICIPATION

4.1 Background

62. According to ADB SPS (2009), the DPs must be meaningfully consulted and provided with opportunities to participate in the planning and implementation of LAR and throughout the overall project implementation. Under the same principles, the DPs have to be informed in an appropriate and timely manner of the planning process outcomes, as well as the schedules and procedures for the preparation and implementation of the LARP, including entitlements, payment procedure and relocation.

63. The laws and policies of Tajikistan which apply to resettlement related to ADB financed projects in Tajikistan are:

• Constitution of Tajikistan;

• Civil Code; and

• Land Code.

64. Apart from the formal notification requirements set in the Land Code, there is no requirement for the government to discuss project designs or possible LAR options with the DPs. Nevertheless, the local government authorities (khukumats and jamoats) disseminate to the local population all information issued in the form of a decree and other decisions related to the project. In addition, the PAG of MOLME takes the lead in the coordination of information disclosure at the local levels and conducts consultations with the local population as per the ADB SPS 2009 requirements.

4.2 Consultations with Stakeholders and Project Communities

65. During the preparation of the draft LARP, the TRTA consultants and the PAG conducted consultation with local authorities, consultations with local communities in target areas and 10 DPs, one workshop with key stakeholders. In total, 138 persons (94 males and 44 females) participated at consultations, including the affected households in Dushanbe/Rudaki site. The main objective of consultations was to share information about the Project, to include communities’ suggestions in the design as much as feasible and to ensure DPs’ and local authorities’ cooperation during the LARP preparation and implementation.

66. This LARP was prepared in December 2019 and it covers only the construction component of the Project. The LARP will be finalized based on the final technical design for the Job and Migration Centers to be constructed. At the project preparation stage, the inventory of losses and public consultations revealed 10 households to be affected by the project in Rudaki district. The individual interviews and public consultations with DPs were held on the first week of December 2019. The DPs and local authorities were informed about the Project, resettlement processes, entitlements, allowances and other available assistance for all DPs and in particular, for vulnerable and severe affected households.

67. A summary of the consultations with communities, key stakeholders and DPs conducted in the Project areas is presented in the following table:

Table 10: Summary of Stakeholder Meetings

No Location Target group Date District Number of participants

Males Females

Total

1 Gulbutta village, Chimteppa jamoat

Local stakeholders and community members

23.09.2019 Rudaki/Dushanbe

7 1 8

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No Location Target group Date District Number of participants

Males Females

Total

2 Khuroson village, Korez jamoat

Local stakeholders and community members

25.09.2019 Danghara 6 1 7

3 Vose town Local stakeholders and community members

25.09.2019 Vose 8 0 8

4 Construction site # 3

Local stakeholders and community members

24.09.2019 Roghun 7 2 9

5 Bokhtar city Local stakeholders and community members

26.09.2019 Bokhtar 5 4 9

6 Khujand Labour and Employment Agency

Local stakeholders and community members

27.09.2019 Khujand 6 4 10

7 Dushanbe Key stakeholders workshop

14.11.2019 Dushanbe

29 21 50

8 Dushanbe Dushanbe Architecture Department

19.11.2019 Dushanbe

4 0 4

11 Gulbutta residents DPs and land department staff

27.11.2019 Rudaki 4 3 7

12 Roghun Local government administration and JSC HES Roghun

03.12.2019 Roghun 6 1 7

13 Roghun Interviews with women for feature stories

03.12.2019 Roghun 0 5 5

14 Gulbutta village Interviews with DPs and land department staff

02.12.2019 Rudaki 12 2 14

TOTAL 94 44 138

68. The participants received information design, potential environmental and social impacts and risks, ADB SPS 2009 and national requirements on land acquisition and resettlement, compensation principles and additional allowances and information on establishment of the GRM and procedures. The participants shared their opinions about the Project and their concerns and suggestions related to resettlement. The records on consultations held are presented in Annex 4.

4.3 Information Disclosure

69. During the SES and consultations with communities, in addition to the information about the Project, LAR processes, and expected time for the beginning of the works, the participants were informed about the project-specific entitlements, establishment of the GRM and information about the cut-off date. The cut-off date will be identified during the final DMS. The public consultation on draft LARP was held in Rudaki district on December 4, 2019.

70. Whenever the draft LARP will be finalized, reviewed and approved by the EA/PAG and ADB, it will be translated into Tajik language and disseminated transparently to the local authorities’ offices and DPs, other stakeholders, and the public in general have an easy online access to it. This document will be posted on the EA’s and ADB’s websites. Apparently, project communities and affected households will receive the LARP information leaflet and a copy of LARP, GRM information leaflets at early stages of the project implementation.

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5. GRIEVANCE REDRESS MECHANISM

5.1 Objectives

71. The mechanism to address any grievances on environmental safeguards issues is the same as that designed to address grievances related to land acquisition and compensation. The objective of the GRM is to resolve complaints as quickly as possible at the local level through a process of conciliation, and if that is not possible, to provide clear and transparent procedures for appeal. All affected persons (APs) wi ll be made fully aware of their rights, and the detailed grievance redress procedures will be publicized through an effective public information campaign. An aggrieved AP or affected household (AH) will be free from any fees in connection with the lodging and resolution of complaints, as the costs will be borne by MOLME and the appointed contractors.

5.2 Type of Grievances

72. Complainants are entitled to lodge complaints regarding any aspect of the project. Any AP will be able to submit a grievance if he/she believes that a practice has a detrimental impact on the community, the environment, or on his/her quality of life. Eligible grievances or complaints include but not limited to:

• Negative impacts on a person or a community (e.g., financial loss such as from loss of water, roadside trees; health and safety issues; nuisances, etc.);

• Dangers to health and safety or pollution of the environment; • Hazards due to construction activities (e.g., noise, dust, disruption of access,

etc.); • Impacts on social infrastructure; • Failure to comply with standards or legal obligations; • Improper conduct or unethical behavior of contractor leading to nuisance of

APs; • Misuse of funds and other irregularities; • Grievances due to land acquisition, resettlement, compensation, relocation,

and unaddressed losses; and • Complaints related to gender issues.

73. During public consultation sessions of the Initial Environmental Examination and LARP studies, the discussions with dweller groups and individuals were conducted to make them aware of the proposed project. Thus, the project-affected community residing beside the proposed Centers has already gained a reasonable knowledge about the potential grievances, which may arise in future. The public was informed about the potential risks associated with involuntary acquisition of land, or involuntary restrictions on land use which result in physical displacement and economic displacement.

5.3 Time Frame

74. A community awareness program must be conducted one month prior to construction by the Project Administration Group (PAG) of MOLME/SEEP regarding the scope of the project, procedure of construction activities, utility of resources, identified impacts and mitigation measures. This awareness program will help the community to resolve problems, clarify their distrusts related to the proposed project at initial stage. The community should be informed about the Grievance Redress Mechanism (GRM), which will be in place during the

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finalization of the LARP to be established by the MOLME/PAG and Government of Tajikistan procedure for making complaints, including the place and the responsible person to contact in practical way in this regard. Almost all the stakeholders related to the GRM will also be aware of the established grievance process, the requirement of grievance mechanism, goals, benefits, relevant laws regulations etc.

5.4 Grievance Redress Mechanism Structure

75. For the purposes of the MOLME and ADB, the project-specific Grievance Redress Mechanism will be identical for the environment and social aspects of the project. The project will establish a National Grievance Redress Committee (NGRC) at the MOLME/PAG level according to ADB SPS 2009 requirements. Local Grievance Redress Committees (LGRC) will be established in each district and will report to the NGRC. The LGRC members of each district shall visit the sites regularly to meet the local residents and workers at construction site. Local communities and individuals can contact the LGRC in case of any appeals, requests or claims. No claims have been registered so far, as no works were done at the site.

5.4.1 Establishment of National Grievances Redress Committee.

76. The National Grievance Redress Committee (NGRC) will register and follow up on any issues and/or complaints directly raised by any individual or community members in a group or via Local Grievances Redress Committees (LGRC). The NGRC consists of representatives of the MOLME, PAG project coordinator and social and environmental safeguards staff, the local Khukumat representative, and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The NGRC decisions will be made by majority of members and will be publicized among the local communities and directly to the complainant(s). If the complainants are not satisfied with the National GRC decisions, they can always file their cases with ADB or in court. The MOLME/PAG will maintain the complaint register. This will include a record of all complaints for regular monitoring of grievances and results of services performed by the Grievance Redress Committees (GRCs) for periodic review by the ADB.

5.4.2 Establishment of Local Grievances Redress Committees

77. The Local Grievances Redress Committees (LGRCs) will be established in each district at the Khukumat level. They will register and follow up on any issues and/or complaints raised by any individual or community members in a group at the local level. They will be established by the Head of Khukumat Resolution and will include the professionals needed to solve specific cases. The committee shall have the following composition:

• Deputy Head of Khukumat, Deputy Chairman on Construction issues • District Labour and Employment Department (nomination for a focal point to

accept and register grievances) • District Land Management and Geodesy Department Representative • District Architecture Department Representative • District Environment and Forestry Representative • Housing and Communal Services Enterprise Representative • District Capital Repairs Department Representative/Civil Engineer • Community Leaders and NGO Leaders • Other specialized organizations and professionals as required

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78. One of the above-mentioned professionals will be nominated to serve as the LGRC Secretary to register complaints in the database, to convene LGRC meetings, to process relevant paper work, keep records and to share summary of complaints with NGRC on monthly basis.

5.5 Grievance Mechanism Implementation Flow

79. Complaints and grievances received during the construction work will be addressed through the following steps and actions:

• Step 1: Complaints will be lodged at the district level where the responsible and Khukumat officers, as well as representatives of the affected person, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Local Grievance Redress Committee (LGRC). The period fixed for resolution of complaints is 14 calendar days.

• Step 2: If a grievance is not resolved during a 14-day period, the affected person (or her/his representative, if chosen) may lodge the complaint to the National Grievance Redress Committee (NGRC) at the Ministry of Labour, Migration and Employment (MOLME). The NGRC has an obligation to attempt to resolve the issue within 14 calendar days.

• Step 3: Affected persons (APs) have right to appeal to the court of law at any time if they wish to do so.

80. Procedures and timeframes for the grievance redress process are as follows and shown in Figure 1.

Figure 1: Flow Chart Showing Grievance Redress Mechanism

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81. GRM proceedings may need one or more meetings for each complaint and may require field investigations by specific technical or valuation experts. Grievance cases shared by more than one complainant may be held together as a single case.

82. For appeals lodged directly with MOLME, the NGRC at PAG will review the case together with the respective concerned technical expert. Project Administration Group (PAG) shall implement the GRM and shall undertake GRM initiatives that include procedures of taking/recording complaints, handling of on-the-spot resolution of minor problems, taking care of complainants and provisions of responses to distressed stakeholders etc. paying attention to the impacts on vulnerable groups.

83. LGRC at district level will attempt to find a resolution to the complaint together with the aggrieved person. The GRC decisions will be made by majority of members and will be publicized among the local communities and directly to the complainant(s). If the complainants are not satisfied with the NGRC decisions, they can always file their cases in court.

84. If APs want to register a complaint with the ADB, the Focal Person will provide the complainants the following contact information:

ADB National Environment and Social Safeguards Focal Points Resident Mission of Asian Development Bank in Republic of Tajikistan 45 Sovetskaya Street, Dushanbe, Tajikistan Tel: 992 372 210558

or/and ADB Office of the Compliance Review Panel GRC Complaint Register, Records and Documentation and Linkages Asian Development Bank 6 ADB Avenue, Mandaluyong City, Metro Manila, Philippines Tel. +63 2 8632 4336, Fax + 63 2 8636 2088, E-mail: crp@adb.org

85. The Social Safeguards Specialist of the MOLME/PAG will maintain the complaint register. This will include a record of all complaints for regular monitoring of grievances and results of services performed by the GRCs for periodic review by the ADB. A sample of the GRC Grievance Logbook can be found in Annex 5.

86. The GRM will be in place for the first year of operations; and will utilize the above mentioned GRM procedure for grievance redressal. The local GRM will be linked to the Public Relations Office of the Chairman of District/Head of Khukumat for a centralized system of receiving, referring, solving and responding to public grievances. The MOLME/PAG social safeguards specialist/consultant will collect and summarize the number, substance and status of grievances on quarterly basis from local khukumats and compile a national GRM data file.

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6. LEGAL AND POLICY FRAMEWORK

87. The policy framework for the Project is based on the Law of the Republic of Tajikistan and

the ADB Safeguards Policy Statement of 2009. In the legislation of Tajikistan, there is no special law or policy, which regulates the issues of resettlement and/or land acquisition or expropriation of rights to land and immovable property for state or public needs. Moreover, there is no separate law that completely provides norms and mechanisms for the determination of the full and fair, market value of land. The key legislative acts regulating land management relations and the ownership rights to immovable properties in the Republic of Tajikistan are the following:

(i) Constitution of the Republic of Tajikistan (1994, as amended in 2003)10 (ii) Land Code (amended in 2012)11 (iii) Land Code (amended in 2008)12 (iv) Civil Code (amended in 2007)13 (v) Regulation “about compensation of losses to the land users and losses of

agricultural products” (approved by the Decree of Government of Republic of Tajikistan, 2011. № 641)14

88. The Constitution of the Republic of Tajikistan, Land Code and the Civil Code of the Republic

of Tajikistan are the fundamental laws on which the legislation is based. The framework for the Project is based on the ADB SPS 2009 requirements and applicable laws, regulations and policies. Where differences exist between local law and ADB policies and practices, the resettlement for this Project will be resolved in favor of the later.

6.1 Types of Land Ownership and Land Use Rights Allocation

89. All land is owned by the Republic of Tajikistan, which is responsible for its effective use. Several tenure options for agricultural land are defined by the Land Code. There are primary use rights and secondary use rights. Primary use rights include the following:

(i) Perpetual use which has no fixed term. It is granted to legal entities such as state and cooperative agricultural enterprises, public and religious organizations and charities, industrial and transportation needs, public enterprises, defense and joint ventures that include foreign entities.

(ii) Limited or fixed-term use may be granted to legal or physical persons for either a short-term (up to 3 years) or long-term (3 to 20 years).

(iii) Life-long inheritable tenure which may be assigned to physical persons or collectives. Physical persons must re-register the right in the case of inheritance. This right applies to land-shares used to organize a dehkan farm, as well as household (garden) plots.

10 Constitution, November 6, 1994, as amended on 22 June 2003.

11Land Code of the Republic of Tajikistan as amended on 01 August 2012 12 Land Code, as amended by N 498 from December 12, 1997., N 746 from May 14_ 1999, N 15 from May 12, 2001, N 23 from

February 28, 2004. From 28.07.2006 №199, from 5.01.2008 №357, from 18.06.2008 №405. 13 Civil Code, as amended by August 6, 2001, N 41: May 3 2002 №5, March 1, 2005, N 85; April 29, 2006 №180, May 12, 2007. №247). 14 Approved by the Decree of Government of Republic of Tajikistan, 2011. №641.

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90. The only secondary use-right recognized under the Land Code is the right to lease. According to the Code, primary rights holders may lease out their plots for a term not exceeding 20 years. The land is used in accordance with the state-established land-use standards. The right to use land may be terminated for various reasons such as: termination of activities by the land user, non-use for two years and use of the land differing from the use established in the use-rights document. (Land Code Article 37)

91. Dehkan land is the result of the splitting up of large state-owned farm enterprises, known as kolkhoz and sovkhoz farms, which were established throughout much of the former Soviet Union. Sovkhoz farms were run by the state, while kolkhoz farms were a form of co-operative farm, run by a committee of members approved by the state. The Agrarian Reform Program in Tajikistan was adopted for the period of 2012-2020. Creation of dehkan farms is one of the priority areas of land reform. The basis for creating dehkan farm in the Republic of Tajikistan is defined by the Law “On Dehkan farms”15, №48 of 10 May 2002. It resulted in the creation of 31 dehkan farms in 1992 with 300 hectares of land. In 2003, there were 16,433 registered dehkan farms with 240,100 hectares16.

92. In dehkan farms, the land remains state property (which cannot be bought or sold), but

farmers are granted inheritable land use rights which give complete legal freedom to landholders to manage the land as they desire. The state collects taxes and can repossess the land if it believes the land is not being managed properly. There are three types of dehkan land: individual (the land use certificate is held by an individual), family (the certificate is jointly held) and collective (the certificate details common property shareholders).

93. A collective dehkan consists of two or more unrelated families, producing and marketing jointly. Dehkan farm ―associations, or ―associative dehkan farms, operate in a similar manner to collective dehkans, although the families involved technically have their own dehkans and work together cooperatively. Both family and collective dehkans operate by appointing a head who officially holds the farm’s land registration certificate and legally represents the interests of the farm (Duncan 2000; GOT 2008; ARD 2003; Robinson et al. 2009; GOT 2009a).

94. Presidential land is similar to dehkan land. It was allocated in small plots to private households in the late 1990s by Presidential Decree. The essential difference between dehkan and Presidential land is that no land-use rights certificate is required for the latter land plots (they are registered at the jamoat level per household).

95. Reserve Fund land usually consists of unused land. It also includes land plots for which land use rights have been abandoned. State reserve land is at the disposal of the district administrations and is rented out or distributed for individual agricultural cultivation purposes. Article 100 of the Land Code states that State land stock is reserved for the agricultural, industrial, transport and other needs of the national economy.

96. Supported Farms land includes land provided to different government institutions as assistance to their members and employees. The land is given to employees who did not get any land under other government schemes.

15 Law of the RT “On Dehkan farms”, 2002. www.mmk.tj 16 Source: Statistical Yearbook of the Republic of Tajikistan. 2001. Statistical Agency. Dushanbe, 2001, с.175. Statistical Yearbook of the Republic of Tajikistan. 2004. Statistical Agency. Dushanbe, 2004, с.173.

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6.2 Tajikistan Legal Provisions on Land Acquisition, Resettlement and Compensation

97. The Constitution of the Republic of Tajikistan is the main legal document which guarantees citizen’s rights. Article 13 states that land, bowels of the earth, [i.e. mineral resources], water, airspace, animal and vegetable kingdoms, [i.e. flora and fauna], and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people. Furthermore, Article 12 states that the economy of Tajikistan is based on various forms of ownership and the state will guarantee freedom of economic activity, entrepreneurship, equality of rights, and the protection of all forms of ownership, including private ownership.

98. The legal basis for state acquisition of private property for public works is outlined in Article 32 which states “…the property of an individual is taken away only on the basis of the law, with the consent of the owner and to meet the requirements of the state and society, and with the state paying full compensation.”

99. The President’s Decree No 1021 on 22.06.1998 on “On Ensuring the Right to Land Use” relates effective land use in the interest of people, providing of rights and defense of citizens’ interests, creation of favorable conditions for development of agriculture production, states the following:

(i) The Certificate on land use right and Certificate on land share are the

documents certifying the right to use land;

(ii) Inhabitants having adjoined the farm plots, land plots for collective gardening

and market gardening, personal subsidiary farms and dehkan farms, have the

right to realize Certificate on the right of land use, through the Committee on

land resources and organization under the Government of the Republic of

Tajikistan and authorized departments.

100. Provisions Regulated by the Land Code. In August 2012 amendments to the Land Code that enable legal sales and lease transactions for land use rights were approved.17 The Land Code also includes changes to the provisions related to land acquisition.18

101. The revocation/allotment of lands and resettlement envisages compensation for losses

incurred by land users or those with other registered rights to the land when the land plot is revoked for state and public needs.

102. The state may revoke land plots for state and public needs from land users after:

(i) allocating a land plot of equal value; (ii) constructing housing and other buildings with the same purpose and value, in a

new location for the natural persons and legal entities to whom the land plot had been allocated, in accordance with established procedures;

(iii) fully compensating for all other losses, including lost profits, in accordance with the legislation of the Republic of Tajikistan.

103. Upon the revocation of land plots for state and public needs, all losses shall be calculated according to the market price, which shall be defined by taking into consideration the location of the land plot, and compensation shall be paid to the persons/legal entity whose land has been

17 Law 891 dated August 2012, article 19. 18 Articles 37-45

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taken away. Termination of the right to use a land plot, for state and public needs, can be carried out after allocation of an equal land plot and compensation of other expenses is provided by part one of the present article. (L.C. Article 41; In the Republic of Tajikistan Law edition dated 1 August 2012, No. 891).

104. The procedure for the compensation of losses to land users and losses arising from the removal

of land from circulation is regulated by Article 43 of the Land Code edition dated 1 August 2012, No. 891:

(i) In the event of revocation of a land plot for state and public needs, compensation for losses to land users and others with registered rights to the land, and losses connected to the removal of land from circulation, shall be made by the natural/legal persons whose activity led to the revocation.

(ii) In the event of withdrawal of a land plot for state and public needs, the procedure for compensation of losses to land users and others with registered rights to the land, and losses connected to the removal of land from circulation, shall be defined by the Government of the Republic of Tajikistan (In RT Law edition dated 5 January 2008, No. 357).

(iii) Upon termination of the rights to a property, the property will be assessed based on its market value (Article 265 Civil Code).

(iv) Land users should be notified in writing about land revocation by the local executive government body no later than one year before the pending withdrawal of the land (Article 40. Land Code of the Republic of Tajikistan Law edition dated 1 August 2012 no. 891).

(v) In the event that international agreements recognized by the Republic of Tajikistan establish other rules than those contained in the Land Code of the Republic of Tajikistan, the rules of the international agreement shall be applied (Article 105, LC of the RT edition dated 28 February 2004 No. 23).

105. The Land Code of 1997 is the core legal document related to land acquisition. It has been

updated a few times and most recently in August 2012. Article 2 of the Land Code states that “land is an exclusive ownership of the State… [but]... the State guarantees its effective use in the interests of its citizens”. However, Articles 10-14, the Land Code outlines land title as being of long-term, short-term, and inherited land use entitlement. Article 14 of the LC of the RT also states that land users may lease land plots by agreement (In the Republic of Tajikistan Law addition dated 1August 2012 No. 891).

106. Article 24 of the Land Code describes the allocation of land for non-agricultural purposes,

and provides that when choosing a suitable location for such land uses, land not suitable for agriculture should be favored. The same principle is stressed by Article 29, which discourages the use of high-yielding agricultural land for non-agricultural use. However, Article 29 also allows for allocation, and appropriating of agricultural land for “other very important State objects”.

107. In accordance to Article 19 of the Land Code, the land right users may:

(i) execute civil-legal transactions (buying-selling, gift, exchange, mortgage and other) with allocated (acquired) use right to a land plot with a right to alienate it independently without interference of executive government bodies, except for provisions of present Code; (In the Republic of Tajikistan Law edition dated 1 August 2012 No. 891)

(ii) lease the land plot; (iii) establish private (based on consent) servitude to a land plot; (In edition dated

1 August 2012 No. 891)

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(iv) mortgage the right to a land plot; (v) receive compensation in the event of withdrawal of the right to use the land plot

for state and public need in accordance with Article 41 – 43 of the present Code.

6.3 ADB SPS 2009 Involuntary Resettlement Safeguards

108. The three important elements of ADB’s 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 for rehabilitation to achieve at least the same level of well-being with the project as without it. For any ADB operation requiring involuntary 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 12 key policy principles for involuntary resettlement.

109. These can be summarized as follows:

(i) Screen the project early on to determine past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, Indigenous Peoples, and those without legal titles to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and resolve the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based (where possible) or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

44

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with the relevant income sources and legal and affordable access to adequate housing.

(vi) Establish procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout the project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

110. ADB SPS 2009 distinguishes three categories of displaced persons, with variable compensation needs:

(i) Legal DPs: DPs with formal legal rights to land lost in its entirety or in part; (ii) Legalizable DPs: DPs without formal legal rights to land lost in its entirety or

part but who have claims to such lands that are recognized or are recognizable under national law and;

(iii) Non-legal DPs: DPs who have neither formal legal rights nor recognized/recognizable claims to land lost in its entirety or in part.

111. For categories (i) and (ii) above, borrowers are expected to provide compensation at full replacement cost for lost land, structures, land improvements and relocation assistance. For

45

DPs in category (iii) (informal settlers), the borrower/client is expected to compensate all assets other than land (i.e. buildings, trees, cops, businesses) at full replacement cost. The risk of opportunistic encroachment on land designated for acquisition by the project is managed through the declared as 10 December 2019 cut-off date.

112. Compensation for lost land may be in the form of replacement land (preferred option if feasible) or in cash. When “land for land” compensation is not feasible cash compensation can be valued based on market rates or, in the absence of land markets, through other methods (i.e. land productivity or reproduction costs)19. Compensation is to be provided at “full replacement cost”. This includes: (i) transaction costs; (ii) interest accrued; (iii) transitional and restoration costs; and (iv) other applicable payments, if any. Compensation for all other assets is to be provided in cash at replacement cost without deductions for amortization, salvaged materials and transaction costs.

113. The following core involuntary resettlement principles were adopted for this Project:

(i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized by exploring all viable alternatives in the Project design;

(ii) consultations with DPs on compensation, disclosure of resettlement information to DPs, and participation of DPs in the planning and implementation of rehabilitation measures will be ensured;

(iii) vulnerable groups will be provided with a special assistance; (iv) payment of compensation to affected persons including non-titled persons

(e.g., informal dwellers/squatters, and encroachers) for acquired assets (except for illegally used land) at replacement rates;

(v) payment of compensation and resettlement assistance prior to the contractor taking physical possession of the land and prior to the commencement of any construction activities;

(vi) provision of income restoration and rehabilitation; and (vii) establishment of appropriate grievance redress mechanism.

6.4 Comparison of the Provisions under ADB SPS 2009 and National Legislation

Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

1. Eligibility

DPs with legal rights receive

compensation for land-use

rights and non-land assets

DPs with legal/registered land

use rights are eligible for

compensation \ rehabilitation.

Same in principle and

application.

DPs with legalizable rights are

entitled to compensation for

land and non-land assets.

DPs with legalizable rights

receive compensation for the

land and non-land assets.

Same in principle and

application

DPs with no legal rights

receive compensation for the

assets/improvements

Informal land users (without

right to use land) are not

entitled to any compensation

(for land or non-land assets)

Different in principle but

same in application for non-

land assets.

19 Based on the SPS (Appendix 2, para. 10) in absence of well-established land markets land compensation will be provided based on a thorough study of the land transaction, use, cultivation and productivity patterns in project areas. One method accepted by ADB in such a situation would be to provide land compensation based on land productivity or land reproduction costs.”

46

Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

2. Livelihood

rehabilitation

standards

ADB Policy requires

improvement in the standards

for AP livelihood

No such a provision exists in

the national law

Different in policy but

Government accepts ADB

SPS 2009 requirements

and endorses them in the

entitlement matrix on a

project by project basis.

3.

Compensation

A. Loss of land. Replacement

land as the preferred option of

the compensation. If land is not

available, cash compensation

at full market cost.

A. Permanent loss of land.

Replacement land but also cash

compensation.

A. Same in principle.

Application mechanisms

temporarily reconciled for

ADB projects.

B. Loss of structures. Cash

compensation for lost

structures at full replacement

cost irrespective of the legal

status of land and free of

depreciation, transaction costs

and other deductions.

B. Loss of structures. Cash

compensation for lost structures

at market cost with depreciation

or value of salvaged materials

sometimes included in the

calculation.

B. Same in principle and

not in application.

Application is reconciled in

previous projects but not

yet mainstreamed by a

Decree for ADB projects.

C. Loss of the business. Actual

losses reimbursement plus

business restart costs. Application

based on tax declaration/similar

documents for business stoppage

period. Without tax declaration

/similar documents, based on

maximum non-taxable salary.

C. Business Losses.

Compensation in cash at

market value for legal

businesses but the

methodology is not specified.

Non-registered businesses are

not entitled to compensation.

C. Different in principle (non-

legal businesses and in

application (all businesses).

Already reconciled for

previous projects but

mainstreamed reconciliation

not formalized through a

Decree for ADB projects.

D. Loss of trees. Irrespective

of legal land occupancy status

compensation at market cost

based for application on tree type/

wood volume for wood trees and

based on income lost (x tree type

x market value of 1-year income x

years to grow the tree to a full

production.

D. Loss of trees. In general,

private trees are not

compensated although the

wood cut is left to the DPs.

D. Different in principle and

in application. Already

reconciled in previous

projects for the fruit-bearing

trees only.

E. Loss of crops. Cash

compensation at market price

for the gross crop value of an

expected harvest.

E. Loss of crops. Cash

compensation at market price

for all incurred land preparation

activities and expected gross

crop value.

E. Same in principles and

application.

F. Loss of jobs. Indemnity of

lost income so as to ensure DP

rehabilitation. Specific

arrangements to be agreed

with borrowers for permanent

impacts.

F. Loss of jobs. Severance pay

provided by employer.

F. Different in principle and

application already

adjusted for previous ADB

projects.

4. Procedural

mechanisms

A. Prior notification. Timely

notice on land acquisition needed.

A. Prior notification. Written

notification prior to withdrawal

(acquisition) of land.

A. Same.

B. Information disclosure.

LAR documents should be

disclosed in a timely manner

and in a language accessible

to local population.

B. Information disclosure LAR

decisions to be published in

national media in Russian and

Tajik within 5 days from

approval.

B. Same in principle,

different in application to

ensure full LARP

disclosure. Already

reconciled for ADB

projects.

47

Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

C. Public consultation.

Meaningful public consultations

are to be held with the DPs.

DPs should be informed about

their entitlements and options,

as well as resettlement

alternatives.

C. Public consultation. There

are no requirements to inform

directly the DPs about their

entitlements and resettlement

options as such.

C. Different in principle and

application. Already

reconciled for ADB

projects.

D. GRM should be established

for each project s, and

information on GRM should be

communicated to DPs.

D. GRM. No project specific

GRMs exists. Disagreements

are resolved by through

khukumats’ grievance mechanism or appeal to court.

D. Different in principle and

application. Reconciled for

ADB projects.

5. Prior

acquisition

A. Property can be acquired

only after full compensation is

paid to the DPs

A. Property can be acquired

only after full compensation is

paid to the DPs

A. Same in principle and

application.

6.

Resettlement

planning,

assessment

and valuation

of project

impacts

A. LARP Preparation:

includes compensation

entitlements, income/livelihood

restoration strategy, monitoring

plan, budget and

implementation schedule,

based on sound

impact/valuation surveys as

detailed below.

i. Detailed measurement

survey (DMS). Measures

quantitatively impacts for each

affected property.

ii. DP census (including review

of legal status). Identifies all

DPs and establishes a list of

legitimate beneficiaries.

iii. Socio-economic survey.

Includes information on DP’s disaggregated by age, sex,

family size, education,

occupation, income source.

iv. Valuation survey

a) Land: If land market exists,

valuation is based on a survey

of recent land transactions. In

absence of land market info,

valuation is based on land

productivity and income.

b) Buildings replacement cost

of materials, labor and

transport and special features

of the building/structure without

discounting for depreciation,

salvaged materials and

transaction costs.

c) Trees/crops. Based on the

set methodology.

v. M&E: M&E depends on the

project category, external for

A. LARP Preparation: No

requirements to prepare LARP

or pursue measures to restore

the livelihoods of DPs to the

pre-project level. A series of

activities similar to those

mandated by the SPS are

however required as follows:

DMS. Measures all impacts in

quantitative terms.

ii. DP census: DP Identification.

Identifies all DPs by residence

or locality and establishes a list

of legitimate beneficiaries based

on land title and house

ownership status.

iii. Socio-economic survey. No

comparable requirements exist

iv. Valuation survey.

a) Land: Mechanisms for land

valuation to be defined.

b) Buildings/structures: Market

value of materials, labor and

transport and special building

features but discounted for

depreciation, salvage materials,

and transaction costs.

c) Trees/crops. Based on the

set methodology.

v. M&E: No M&E requirements

in national legislation

A. Different in principle and

application. Already

reconciled for ADB projects

through technical

instructions.

i. Same in principle and

application. Valuation

mechanisms need to be

updated.

ii. Same in principle and

application.

iii. Different in principle and

application but already

reconciled for ADB

projects.

iv. Different

a) Application and valuation

method to be developed

and mainstreamed.

b) Different in application.

Application already

reconciled for previous

ADB projects.

c) Same in principle, but

different in application.

Already reconciled for

previous ADB projects.

v. M&E: Different in policy

but reconciled once LARP

is endorsed for ADB

projects.

48

Items ADB SPS (2009) and ADB

practice for application Tajikistan Reconciliation

Category A and internal for

Category B projects.

7. Special

assistance to

vulnerable

severely

affected and

relocating

DPs

A. Vulnerable DPs should be

identified and special

assistance should be provided

to them so as to help their

restoration or improvement of

pre-project level of livelihoods

B. Resettlement assistance.

DPs to be resettled receive

relocation assistance covering

transport and transitional

period livelihood costs.

A. Vulnerable DPs: No special consideration is required for vulnerable DPs; no distinction is made between DPs when deciding on the compensation or rehabilitation package B. Resettlement assistance No special consideration is

required for resettled DPs.

However, the package depends

on Government’s decision regarding transitional period

allowance.

A. Different in principle and

application. For ADB

projects reconciled by

endorsing the entitlement

matrix and the LARP.

B. Different in principle and

application. For ADB

projects reconciled by

endorsing the entitlement

matrix and the LARP.

6.5 Project-Specific Entitlements

114. All DPs in the Project are entitled to compensation and resettlement assistance to help the restoration of their livelihoods to pre-Project levels. The combination of compensation measures and resettlement assistance offered to them depends on the nature of the lost assets and the magnitude of the Project’s impact as well as the social and economic vulnerability of the affected persons. All DPs are eligible for compensation and rehabilitation assistance, irrespective of their land ownership status. The compensation packages must reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, incomes, etc.).

115. All rates will be updated based on relevant market studies by qualified appraisers, at the time

of the final LARP preparation based on the detailed design (Q 1, 2021).

Land

116. The following types of land impacts are recognized under the Republic of Tajikistan’s laws;

(i) Agricultural land: Households with agricultural land use right will be rehabilitated through the provision of compensation and equal to following:

a) Permanent land holders (individual and cooperative): Cash allowance for loss of land use rights equal to the average net income from crops in the past 5 years for the project district, to be obtained from the Statistical Department, or provision of an alternative land plot of equal value / productivity to the revoked plot. If the residual portion of the affected plot is too small to use, the whole plot is compensated or exchanged;

b) Leaseholders: Cash allowance for the lost income equivalent to 1 year of average crop productivity. The owner of the land use right will be compensated for the loss of the right and the loss of income equivalent to the loss of the lease amount for the remaining lease period.

c) Agricultural tenants: These tenants will receive their share of harvest at market rates (if the impact is temporary) plus 1-year additional average crop productivity compensation (if the land is lost permanently).

49

(ii) Residential / Commercial Land: Households with affected residential / commercial land use rights, will be rehabilitated through the provision of the following compensations:

a) Permanent land holders: Cash allowance for the loss of land use rights equal

to the current land lease rate/land tax at the time of expropriation, multiplied by 25, the provision of an alternative land plot of equal value/productivity (similar conditions and facilities) to the affected plot. If the residual portion of the plot to be revoked is too small to use, the whole plot is compensated for or exchanged;

b) Leaseholders: Cash payment for loss of income for a minimum of three months and up to 12 months, or continuation of rental agreement on an alternative land plot. The owner of the land use right will be compensated for loss of income equivalent to the loss of the lease amount for the remaining lease period.

Buildings and Structures

117. All DPs, whether titled owners or illegal-non-titled owners of buildings and structures, will be compensated in cash at replacement cost (including the cost of materials, labor and transport of materials) free of deductions for depreciation, salvageable materials and transaction costs, irrespective of the registration status of the affected assets. The cost of lost water, wastewater, electricity and gas utilities will be included in the compensation. In addition, the compensation will include the cost of registration/legalization of the new building/structure. Renters of buildings/structures will receive an allowance for the loss of income (based on a tax declaration) caused by the loss of the rented building/structure for no less than 3 months, or continuation of their rental agreement at an alternative building/ structure. If the tax declaration is not available, the compensation will be calculated as per the sum stated in the valid rental agreement.

Crops and Trees

(i) Crops: Compensation to all DPs irrespective of their legal status in cash equal to 1 year of average crop production in the project area. This shall apply whether the land is fallow or cropped.

(ii) Fruit-bearing trees: Compensation based on an age category and the market value of 1 year of income times the number of years needed to grow a tree of similar productivity, plus purchase price of seedlings and starting materials.

(iii) Wood and decorative trees are not compensated for. The DP will keep wood from the cut tree.

Businesses

(i) Permanently lost business: Compensation equal to up to 1-year’s net income (lost profit) plus the cost of lost certificates / licenses / patents. The income calculation shall be based on the official tax declaration, or (if a tax declaration is unavailable) it is accepted as the official monthly average wage multiplied by the number of months needed to restore the business (up to 12).

(ii) Temporary disruption: Compensation equal to the net income for the period of business interruption (less than one year) based on a tax declaration or, if tax declaration is unavailable, it is calculated by multiplying the official monthly average wage by the number of months since the operation was disrupted (less than 12).

50

(iii) Business workers and employees: Compensation for lost job (termination of employment agreement) due to permanent or temporary termination of business activities amounting to three-months of their official wage, or, if unavailable, the official monthly average wage multiplies by three.

Relocation, Transition and Severity/Livelihood Rehabilitation Allowances

(i) Transportation allowance for the cost of labor and vehicle rent to transport the households /and business belongings to a new location;

(ii) Communal and site preparation cost for the alternative land plot (including connection to power grid, water supply system, installation of a latrine);

(iii) DPs who lose more than 10% of their income source or DPs who are to be relocated, will receive either payment equal to 1 year's average crop production in the project district, in addition to standard crop compensation, or cash allowance equal to three months of the official monthly average wage, whichever is higher.

118. There is no monetary compensation for loss of common, public or any government

department assets. Affected common and public assets will be fully replaced or rehabilitated to maintain their pre-project functions, if any impacts.

Vulnerable Groups

119. Tajikistan’s legislation does not make a distinction between vulnerable and other categories of DPs when deciding on compensation for affected assets. Also, there is no special consideration given under Tajikistan’s laws and regulations to vulnerable DPs (the poor, women-headed households or families with many children) during the LAR process. There are no national standards to assess poverty. The Law “On minimal consumption basket” (adopted in 2009) allows for food-based poverty assessment. At present, if a household needs to be registered as poor, the family members need to do the following:

(i) Visit the Jamoat’s social protection officer; (ii) Submit passports and other personal documents for each family members; (iii) Submit official documents on income for every family member; (iv) Submit information about land used; (v) Information on husbandry; (vi) Complete all necessary assessment forms provided by Khukumat; (vii) The completed forms are forwarded to Khukumat; (viii) Decision is made in Khukumat based on points for each parameter considered

120. The Government provision to the poor amounts to 100 TJS per quarter given to households registered by the Khukumat departments as poor; single women headed households with dependent children; large households with five or more children below 18 years of age, and households with a disabled member. The vulnerable households affected by the Project, will be provided with assistance equivalent to the official monthly average wage multiplied by three.

Temporary Impacts

121. In case of temporary land acquisition, compensation shall be based on local commercial rental rates for the duration of use. The land shall be restored by the contractor to its original status at the end of the rental period.

51

122. Any unanticipated impact that occurred during the Project implementation, (such as additional land and other assets acquisition, unavoidable stoppage of business during the construction) will be compensated as per the entitlement matrix. All the necessary conditions related to unanticipated impact during the construction will be included in the civil work contract with the Contractor.

123. The following Project-specific Entitlement Matrix details the entitlements agreed for this Project:

Table 11: Project-specific Entitlement Matrix

No Asset Displaced Person

Compensation Entitlements

Permanent Loss

1

Agricultural land (all losses irrespective of severity)

Individual land-use rights holders

• Cash allowance for loss of land use rights equal to net income in the last 5 years generated from the affected land area, at market rate, at the time of taking; or Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Collective land-use rights holders

• Cash allowance for loss of land use rights equal to net income for the last 5 years generated from the affected land area at market rate at time of revocation; or Provision of alternative land plot of equal value/productivity to the lost plot. If the remaining part of the plot to be taken is too small to use, the whole plot is compensated or exchanged. Agriculture leaseholders will be compensated for 1 year of lost crops from the affected area.

Renters and leaseholders

• Rental allowance in accordance with the conditions of the rent agreement, but not less than the cost of rent for 3 months; or Continuation of rental agreement on alternative land plot or cash allowance for the lost income equivalent to 1 year of average crop productivity.

Informal (if any)20 • Provision of opportunity to lease a plot on state land.

• Relocation allowances.

2

Residential and commercial land

Owners

• Cash allowance for loss of land use rights in cash equal to current annual land lease rates at the time of acquisition multiplied by 25; or Provision of alternative land plot of equal value/productivity (similar conditions and facilities) to plot lost. If the residual portion of the plot to be taken is too small to use, the whole plot is compensated or exchanged.

Renters

• Rental allowance in accordance with the conditions of the rental agreement, but no less than the cost of rent for 3 months, or

• Continuation of the rental agreement on an alternative land plot.

Informal (if any) • Provision of opportunity to lease a plot on state land.

• Relocation allowance if applicable.

20Landless DPs without rights to use land, living on income from the illegally used land plot. DPs owning land adjacent to the illegally used parcel will be compensated for losses from the illegally used part as per the entitlement matrix.

52

No Asset Displaced Person

Compensation Entitlements

3

Buildings and structures

Owners of structures including “informal” and encroaching

• Cash compensation at replacement rate for affected structure/other fixed assets (without deduction of depreciation, taxes, costs for salvageable materials and other transaction costs). All buildings and structures will be compensated in their entirety; or

• According to the owner’s choice, if feasible, a building for building/structure for structure exchange.

Renters

• Rental allowance in accordance with the conditions of the rental agreement, but not less than cost of rent for 3 months; or

• Continuation of the rental agreement for an alternative building/structure.

4 Crops All DPs, including “informal” and encroaching

• Cash compensation equal to gross income generated on the affected land area for 1 year at market rate at time of revocation.

5 Trees

All DPs, including “informal” and encroaching

• Compensation reflecting income replacement. - Cash compensation for productive trees based on the net market value of 1 year of income multiplied by the number of years needed to grow a tree to a similar level of productivity, plus purchase of saplings and starting materials. - Wood trees are not compensated, and DPs keep cut trees.

6.

Business and employment (temporary and permanent)

All DPs (including workers of affected businesses

• Owners of shops / commercial establishments: - In case of permanent loss, compensation equal up to 1 year’s net income (lost profits) plus cost of lost certificates/licenses/ patents. The income is based on the official tax declaration, or (if tax declaration is unavailable) it is accepted as the official monthly average wage21 multiplied by up to 12 (months). - In case of the temporary loss of a business, compensation equal to the net income for the period of disruption (<1 year). The income is based on the tax declaration, or it is calculated based on the monthly average wage multiplied by the number of months since the operation was disrupted (less than 12 months).

• Workers indemnity for lost wages equal to 3 months’ income. For temporary loss of employment, indemnity for lost wages for the duration of impact if less than 3 months.

7. Relocation

Physically displaced households regardless of type of impact

• Transportation allowance (cost of labor and vehicle rent to transport materials and belongings of the affected house/business structures and stocks to a new location.

• Communal and site preparation cost for the alternative land plot (including connection to power grid, water supply system, installation of latrine etc.).

8. Vulnerable households

DPs receiving government assistance for poor, single women-headed HH below poverty line, elderly households, households with no means of living, households headed by disabled person or other HH members.

Additional cash allowance equal to market value of 25% of the gross produce of affected land x 5 years;

• Enrolment in Government social assistance, if not yet enrolled;

• Priority in project-related employment for members of vulnerable households (if at legal working age).

21 The official average monthly wage for September 2019 was 1,325.40 (checked on 10.12.19) TJS/month and reported within

macroeconomic indicators by the Agency on Statistics under President of the Republic of Tajikistan. Available via:

http://stat.tj/en/macroeconomic-indicators/ and http://www.tradingeconomics.com/tajikistan/wages

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No Asset Displaced Person

Compensation Entitlements

9. Public / common assets

• Rehabilitation/substitution in kind or in cash at replacement cost of affected items and rehabilitation of their functions.

• Alternative service supplied, if cut off temporarily.

Severity of Impact

10 Severely affected households

DPs losing more that 10% of agricultural land/ income resources, DPs needed to physically relocate due to loos of home or business.

• Additional cash allowance equal to market value of 25% of the gross produce of affected land x 5 years

Temporary Loss

11. Temporary impacts

All relevant DPs

• For unforeseen and temporary impacts other than stated above, ADB SPS (2009) general principles and objectives will be used as the minimum benchmarks, and appropriate impact mitigation measures will be sought to meet them.

• The payment for rented land during the construction, will be based on the market price under negotiated agreement. After discontinuation of land use, the land must be restored to the original status, or as per the agreement with the land rights holder22.

Unanticipated impacts

12.

Other unanticipated assets loss or impact on livelihood

All DPs residing in the project corridor before the cut-off date.

• Compensated as per the Project-specific Entitlement Matrix.

6.6 Valuation Methodology

124. The valuation methodology is adopted for the determination of unit rates, cost of LAR and compensation that will be paid to DPs for resettlement impacts caused by the Project. The compensation entitlements of different categories of DPs have been defined according to the ADB SPS (2009) and the applicable laws of the Republic of Tajikistan. The compensation rates for crops, buildings, structures and fruit trees, will be determined by a certified independent valuator.23 All land in Tajikistan belongs to the government and therefore, there is no official land market, nor established value of land. As accepted for all ADB Projects, compensation will be paid for the loss of land use right. Compensation for loss of land use right is based on the khukumats’ data on the yearly yield of different crops grown in the area. The value of lost businesses’ profit is based on data from the Taxation Committee of the Republic of Tajikistan.

125. In accordance with the adopted practice in Tajikistan and ADB SPS (2009), the current ground situation measured will be based on the actual size of the assets used by the DPs at the time of the detailed measurement survey (DMS). A licensed valuation company independently valuates affected buildings, constructions, and other immovable assets

22 In the case that the Contractor and Land-use rights holder both agree in writing to leave the land area in a state precisely described in the agreement. 23 The State Valuation Company “Narkhguzor” could be contracted to make final valuation of affected assets.

54

except land. The following paragraphs outline valuation methodology and compensation for each type of affected assets.

Valuation of Land and Crops

126. Land with a legal right to use it will be compensated by land-for-land principle or in cash based on the current market value of for loss of land use right based on the market value of different types of crops planted in the period of the DMS; the value of all crops affected in the Project area was aggregated by the statistical department of the local jamoat of Chimteppa of Rudaki district based on market value of the crops (see Annex 6), and one average ‘land-use-right price’ was established. In this way, for example, two neighbors with the same quality of land will receive the same amount per m2, regardless of the standing crop. In addition to compensation for loss of right to use land, the DPs will receive a compensation for loss of crops. The loss of 1 year’s yield will be compensated as per actual crop grown during the DMS. In this way, the compensation will not be dependent on individual ‘luck’ arising from the choice of a more expensive crop to grow in the period of the DMS.

Valuation of Trees

127. There are no fruit trees affected, however if they will be identified during the finalization of technical design, the calculation of losses for fruit trees and saplings will be based on the following approaches:

• The cost of saplings of fruit trees is based on the price of saplings in the nurseries;

• The cost of fruit-bearing trees is based on the net annual harvest from the tree(s) for the number of years needed for replacement tree(s) to reach comparable production (based on the data available in each khukumat for the respective areas).

• Decorative trees are not commonly compensated in Tajikistan, but DPs keep cut trees.

Compensation for Buildings, Structures and Improvements

128. If there is any impact on the buildings during final designs, the compensation for alienated buildings and structures will be calculated for both, the owners of legal structures and the users of illegal ones. The replacement costs for buildings and structures will be determined by calculating the construction cost of a similar new building/structure, for the same use and materials, based on market prices. All necessary taxes, bank charges, fees and costs for obtaining the documents for registration of land, design of a new building, cost of technical passports and other related documents to establish the ownership, are included in the replacement cost price.

Compensation for Business and Income Losses

129. There are no businesses affected at the project preparation stage, if any affected businesses, regardless of legal status, are determined, they will be compensated for their losses. Compensation for legal entity (registered businesses) will be calculated as per the tax declared income. The patent holders commonly do not have demonstrable accounting records. In the absence of recorded income, compensation is based on the average national monthly wages.

130. Other allowances such as allowances for severely impacted DPs, allowances for vulnerable and relocation allowances are paid as per the entitlement matrix.

55

7. COMPENSATION BUDGET

131. Funds for the implementation of the LARP are part of the overall project budget. The budget indicated in this LARP is based on a preliminary calculation of the number and type of affected people and on the estimated market price rates in 2019 of major crops grown in the project area. 24 During the final assessment of losses, rates will be adapted to market levels in 2020, compensation calculations will be updated by the independent valuation company.

132. The cost of LARP implementation will be completed after elaboration of the final technical design by the contractor, when it will reveal the total number of affected plots by demarcation of construction sites as permanent land acquisition and temporary land take for construction camps.

7.1 Key Assumptions for the Compensation Budget

133. The scope of works based on the proposed construction options will have very limited impact on agricultural lands. Preliminary estimation shows that the Migration and Job Centers’ construction will require approximately 21,760 sq. meter /5.11 ha of land for construction of buildings for 6 centers and around 3,200 sq. meter land will be required to create access to construction site in Rudaki as temporarily. There are some low and high voltage electricity lines in Rudaki/Dushanbe site to be moved further, which may require additional land acquisition. There are no other structures, construction and/or houses available in the vicinity of other 5 project sites. No trees and other business activities found in the project areas, and the location of the new centers. The new centers will be constructed on local government administered land in 5 sites, but the loss of land use rights will be compensated to DPs in Rudaki/Dushanbe site.

134. Against this background the following set-up is assumed for the estimation of project possible impact on land use right holders and available crops that possibly will be affected by the project in Rudaki district:

I.Land use patterns: - Land parcels under the proposed construction sites are irrigated and used for

agriculture, major crops are vegetables and corn, - 100% of the land is used throughout the year for household consumption.

II.Compensation details:

- Losses of income for standing crops will be compensated fully, - Losses of income from temporary project impact during construction works will

be compensated and lands under temporary use will be brought back to pre-project stage prior to handing over to the affected farmer or household.

- The field survey shows that the permanent loss of house-garden land is not expected. All centers will be constructed far from residential areas and lands used as gardens, etc.;

7.2 Permanently Acquired Land

135. In the framework of the project will be irrevocably alienated 5.11 ha of lands for construction of 6 centers, which will be erected on technical schools’ territory, unused government lands

24 Cropping patterns, crop productivity and market value information was obtained from jamoat. Official letters are provided in Annex 5.

56

and agricultural lands belonging to the local communities. The users of these permanently acquired agricultural plots will receive a compensation payment for loss of land use rights based on the yearly potential produce of the lands at market rates for five years. The term “potential produce” refers to the produce of the land based on the crop cultivated on it, regardless of whether the land is fallow or planted at the time of the final survey.

7.3 Calculation of Losses for Compensation:

Compensation for Loss of Land Use Rights

136. One of the fundamental tenets of the involuntary resettlement policy is that, where feasible and where desired by the affected people, land-based resettlement options should be provided to displaced people whose livelihoods are based on use of the land. The option of land-for-land compensation was discussed with the local government and the DPs. The proposed alternative land plots were proposed in Esanboy Jamoat of Rudaki district. The proposed option was not accepted by the DPs, as 1) they are located 50 km far from their household location; 2) proposed lands are not of the same quality. In this regard, the DPs preferred the cash compensation as an appropriate option.

137. Privately owned lands will be compensated in cash based on the current market value of crops grown on the affected land, multiplied by 5 years. In order to avoid large differences in price for loss of land use right caused by the market value of different types of crops planted, the value of all crops affected in the Project area was aggregated, and one average ‘land price’ was established. The price for 1 m2 of agricultural land for this Project was set at USD 2.58 (which is equal to TJS 25. The following calculation was used to determine the price of agricultural land based on the information provided by Chimteppa Jamoat Statistics (Rudaki District) (see Annex 6 on cropping patterns, crops productivity and market values).

Table 12: Estimation of the land use rights compensation payments

Crops in the Project area

Average yearly yield

(kg/ha)

Average yearly yield

(kg/m2)

Total yield for 5 years (kg/m2)

Average price per TJS/kg

Price per kg/m2 for 5 years (TJS)

Vegetables (first cropping)

22,125 2.2 11 1.8 19.8

Fodder (second cropping)

5,200 0.52 2.6 2 5,2

Total 25

Price per m2 =TJS 25.00 USD 2.58 = TJS 25.00 1=USD 9.6800TJS on 12 December, 2019 (http://nbt.tj/en/kurs/kurs.php). The National Bank of Tajikistan

138. The total compensation to be paid to agricultural land users’ amounts to 200,000 TJS based on preliminary estimation. Table below details compensation for loss of land use rights.

Table 13: Compensation for Titled Lands

Land category

Affected lands and DPs % of land

losses

Cost per m2

(TJS)

Total Cost (TJS)

Total Cost USD

Total area (m2)

Permanently Affected land

area (m2)

No of AHs

No of

DPs

Agricultural irrigated lands

8,000 8,000 10 81 100% 25 200,000 20,661

57

7.4 Compensation for Loss of Produce

139. Compensation for cash or subsistence crops found during the survey on lands to be acquired for center foundations is determined by multiplying the estimated yearly yield on these lands by the market value of the produce at 2019 prices.

140. The valuation of affected crops is based on the net market value of the annual income from

the affected land plot planted by the actual cropping twice a year. At this stage, the draft LARP provides rough estimation of income losses based on data on average land productivity and market price for agricultural products. The agriculture units give the data on average crop productivity for the Project region and the average price per kg of crops for the last season, from the Chimteppa jamoat of Rudaki district. The total compensation to be paid to DPs losing estimated income from the permanently affected lands amounts to 40,180.0 TJS (USD 4,150.82). Table details compensation for loss of crops from the affected land plots. Table 14: Compensation for Loss of Crops (permanent)

Type of crop No of AHs

Permanently affected land under crops

(m2)

Average crop

productivity (kg/m2 )

Market price

TJS/kg

Total cost for lost

crops TJS

Total cost for lost

crops USD

Vegetables (first cropping) 10 800 0.22125 1,8 31,860 3,291.32

Corn (repeated cropping) 10 800 0.052 2 8,320 859.50

Total 10 800 3,8 40,180 4,150.82

7.5 Compensation for Crops Affected by Temporary Land Occupation

141. As shown above construction process will have temporary impact on lands in two season harvest during construction of center in Dushanbe/Rudaki. The two season harvesting compensation was identified based on the estimated duration of the civil works, being set as 1 year of construction. The estimated land area for temporary use to construct the center and provide access to construction sites is estimated at 3200 sq. meter, which will add to compensation value additional 16,102 TJS (1,663.43 USD). Temporary impact will be defined for those lands under agricultural use only.

Table 15: Compensation for Loss of Crops (temporary)

Type of crop

No of AHs

Temporarily affected land

under crops (m2)

Average crop productivity

(kg/m2 )

Market price

TJS/kg

Total cost for lost crops

TJS

Total cost for lost

crops USD

Vegetables (first cropping)

4 800 0.22125 1.8 12,774 1,319.63

Corn (repeated cropping)

4 800 0.052 2 3,328 343.80

Total 3,200 0.27325 3.8 16,102 1,663.43

142. The estimated amount of compensation includes temporary impact at the time of civil works in the Gulbutta village of Rudaki district. This impact will be calculated during final technical designing and the DMS implementation. Consequently, our estimates, for greater fidelity, is increased.

58

7.6 Additional allowances for vulnerability and severity of impact

143. Persons with disabilities and other health conditions are entitled to monthly social welfare benefits regardless of their gross per capita family income. Families, affected by the Project with a family member with disability, are entitled to allowances for vulnerable groups. In addition, large families with more than five dependent children, single women-head of household registered as poor, elderly households with no means of living and households with disabled head of household/or the household members, are entitled to the vulnerability allowance.

144. As per household socio-economic profile information, 5 affected households in Rudaki considered as vulnerable based on vulnerability criterion set for the project. The DPs represent families, affected by the Project with single women-head of household, elderly headed households with no means of living and households with disabled head of household/or the household members, are entitled to the vulnerability allowance. The anticipated vulnerability allowance is calculated as a onetime additional cash allowance equal to market value of 25% of the gross produce of affected land multiplied by 5 years as defined in the entitlements matrix of this LARP.

Table 16: Allowances for Vulnerable Households

Type of one-time additional allowance

No of AHs

No of DPs

Total allowances per AH (25% of land use right loss x 20,000

TJS)

Total allowances

in TJS

Total allowances

(USD)

Vulnerability allowance 5 47 5,000 25,000 2,582.64

Total 5 47 5,000 25,000 2,582.64

145. As per the estimated land requirement for the project and importance of the required lands to

the land owners, all the affected households in Rudaki district are considered severely impacted. Each household in the project area will lose less 100% of their agricultural lands of the total size of their land lots in the project location. The anticipated severe impact of the project is calculated as a onetime additional cash allowance equal to market value of 25% of the gross produce of affected land multiplied by 5 years as defined in the entitlements matrix of this LARP.

Table 17: Allowances for Sever Impact

Type of one-time additional allowance

No of AHs

No of DPs

Total allowances per AH (25% of land use right loss x 20,000

TJS)

Total allowances

in TJS Total

allowances (USD)

Severity Impact Allowance

10 81 5,000 50,000

5,165.28

Total 50,000 5,165.28

146. Summary of the compensation table by the affected households in enclosed in Annex 7.

59

7.7 The estimated cost of land acquisition

147. The total budget of compensation, with unforeseen expenses amount to 382,630.71 TJS. The table below provides a breakdown of this amount. MOLME/PAG will ensure that the compensation funds for land acquisition and resettlement are allocated in time for implementation of this LARP. The LARP budget also includes 10% of contingencies and 5% miscellaneous expenses for administrative costs that might incur during the implementation of the LARP. This expense has been estimated and included in the budget as a single lump sum.

Table 18: Budget Summary

I. Compensation Budget TJS USD*

Compensation for the loss of land use rights on titled lands 200,000 20,661

Compensation for the loss of income from crops on permanently affected lands

40,180 4,150.82

Compensation for the loss of income from crops on temporarily affected lands

16,102 1,663.43

Additional allowances for vulnerable households 25,000 2,582.64

Additional allowances for severe impact 50,000 5,165.28

Sub-Total 331,282 34,223.17

II. Direct LARP admin costs: 5% of (I) 16,564.1 1,711.16

III. Total: (I+ II) 347,846.1 35,934.33

Contingency: 10% of (III) 34,784.61 3,593.43

IV. Total LARP Budget 382,630.71 39,527.76

* Exchange rate at 1 USD=9.68 TJS The National Bank of Tajikistan on 12.12.2019

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8. INSTITUTIONAL ARRANGEMENTS

8.1 Project Organizational Structure

148. MOLME will be the Project executing agency. The project administration group (PAG), to be

established under MOLME, will be the implementing agency. The PAG will undertake procurement and administer contracts. MOLME will be responsible for taking advance actions as indicated in the Table 19 in support and consultation with the PAG manager of ongoing STVETP and ADB. MOLME will establish the selection panel for the new PAG manager. The key PAG staff including the new PAG manager, the Chief Accountant and the Procurement Unit Head will be selected based on ADB project experience in a competitive procedure. The PAG staff will be financed by the Project under the expenditure category of Project Operation and Management. An inter-ministerial project steering committee will be set up to provide overall guidance on Project implementation. The implementation arrangements are summarized in Table 19. Table 19: Implementation Arrangements

Aspects Arrangements

Implementation period September 2020–August 2026

Estimated completion date August 2026

Estimated grant closing date February 2027

Management

(i) Oversight body Inter-ministerial Steering Committee

(ii) Executing agency Ministry of Labour, Migration and Employment (MOLME) of the Republic of Tajikistan

(iii) Key implementing agencies

Project Administration Group (PAG) under MOLME, 17 staff members

(iv) Implementation unit location

5/2 A/ Navoi Street, 734026 Dushanbe, Republic of Tajikistan,

Retroactive financing and/or advance contracting

(1) Advance action with retroactive financing: PAG staff (key staff) (2) Advance action without retroactive financing: (i) Detailed Engineering Design for Civil Works, (ii) Individual consultants, (iii) Project Implementation Support Consultants, and (iv) Vehicles for PAG.

Disbursement The grant proceeds will be disbursed following ADB's Loan Disbursement Handbook (2017, as amended from time to time) and detailed arrangements agreed between the government and ADB.

61

Figure 2: Project Institutional Arrangements

8.2 LARP Implementation Arrangements and Schedule

149. This section describes the steps taken to prepare and finalize the LARP and the activities required to ensure its successful implementation. The Implementing Agency (IA) will begin the implementation of the LARP immediately after its approval by ADB and the Government of the Republic of Tajikistan. The following are the particulars of the main LARP finalization tasks:

(i) establishment of the official cut-off date (to be set during the final DMS); (ii) extensive consultations with key stakeholders and DPs; (iii) finalize entitlements and compensation amount based on the agreed

entitlement provisions; (iv) identification and updates of impacts and number of DPs, conducting and

updating the detailed measurement survey; (v) updated valuation of affected assets and determination of compensation

amount and the LAR budget; (vi) preparation of the implementation-ready LARP based on the final design; (vii) submission of the LARP to Government and ADB for comments and approval;

Ministry of Labour, Migration and Employment (Implementing agency)

Procurement

Specialist

Project Manager

Financial

Specialist

Monitoring &

Evaluation

Specialist

Civil Engineer

Director of the Project Administration Group (Implementing unit)

Gender

Specialist

Environmental

Safeguards

Specialist

Social

Safeguards

Specialist

Consulting Company for the Project

Management

62

150. Considering the severe impact on the HHs due to loss of all their agricultural land holdings, and the fact that they rejected the suggested land plots opting the cash compensation, additional analysis will be carried out on comparable land plots’ availability within the area besides the ones suggested by district and support the APs to obtain new land plots as needed - this analysis will be done during the finalization of LARP by the valuation specialist to provide relevant livelihood restoration measures as needed.

151. The cost of LARP implementation will be completed after elaboration of the final technical design by the contractor, when it will reveal the total number of affected plots by demarcation of construction sites as permanent land acquisition and temporary land take for construction camps. The procedure will be carried out as follows:

- Firstly, the precise coordinates of all planned construction sites, access roads and necessary places for tensioning will be identified with the support of local khukumats;

- Secondly, the identified owners of the rights to use the land, again with the support of the targeted khukumat administrations;

- Meetings with the affected owners of the rights to use land and PAG will be held where they discuss the procedures and statistical data regarding the use of previous and current land use conditions;

- The data on the estimated losses and compensation agreed with the DPs will be submitted to the Implementing Agency for approval and further processing with the Ministry of Finance.

152. As soon as the LARP is approved by ADB and the Government of Tajikistan, the MOLME PAG, with the assistance of local authorities, will inform the DPs about the disbursement of compensation for affected properties as per the provisions set for the project. PAG will give advance notice to the DPs and pay their due compensation based on the eligibility criteria defined in this LARP, and prior to the start of construction work. Grievances or objections (if any) will be redressed as per the grievance redress procedure presented in this LARP. All activities related to LAR (including ADB’s notice of ‘no objection’ to the LARP implementation) will be completed prior to the commencement of civil works.

153. A tentative timeline for LARP finalization, implementation and post implementation is summarized in Table below. The timeline presented in the following table shows the distinct stages of LARP preparation, finalization and implementation as well as the major milestones in the LAR processes.

Table 20: LARP Finalization and Implementation Schedule

LARP FINALIZATION Action Responsible party Timelines

Update of the LARP based on detailed technical designs PAG Q1, 2021

Submission of LARP to MOLME and ADB for comments and approval

PAG Q2, 2021

ADB comments addressed PAG 2 weeks upon

submission

LARP approval/no objection by the government and ADB (including LAR budget)

MOLME/Government of the Republic of Tajikistan

Q2,2021

Posting approved LARP on ADB and MOLME websites ADB and MOLME Q3, 2021

LARP IMPLEMENTATION

Disbursement of compensation MOLME/PAG/DPs Q3, 2021

Preparation of LARP Monitoring Report PMCSC Q3, 2021

ADB reviews the LARP Compliance Report ADB Q3, 2021

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LARP FINALIZATION Action Responsible party Timelines

ADB approves the LARP Compliance Report ADB Q3, 2021

Commencement of works Contractor Q4, 2021

CONTINOUS TASKS

Internal Monitoring: Quarterly monitoring reports/Semi-annual social monitoring report

MOLME/PAG/PMCSC On quarterly basis

Grievances redress MOLME/PAG Continual

Public consultations MOLME/PAG Continual

MOLME – Ministry of Labour, Migration and Employment of Tajikistan, PAG – Project Administration Group under the

MOLME, PMCSC – Project Management and Contract Supervision Consultant; TRTA –Transaction Technical Assistance;

DPs – Displaced Persons

The update, implementation and monitoring of the LARP will be the responsibility of the

MOLME/PAG Resettlement Specialist. The monitoring and reporting procedures on LARP

implementation are described in Chapter 9 of the present document.

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9. MONITORING AND REPORTING

9.1 Monitoring and Reporting Requirements

154. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continues as originally planned. The ADB SPS 2009 considers involuntary resettlement impacts significant if 200 or more persons will be physically displaced from their home or lose 10% or more of their productive or income-generating assets. The implementation of this LARP will be subjected to internal monitoring as the Project will not trigger a significant amount of involuntary resettlement. Internal monitoring will be conducted by the MOLME/PAG, assisted by the PAG resettlement specialist. Monitoring is vital for ensuring that the LARP is effectively implemented, unforeseen impacts related to land acquisition and resettlement activities are identified and appropriate measures to address the same can be taken in a timely manner.

9.2 Internal Monitoring

155. The key objective of the internal monitoring is to monitor the process of LARP implementation such as the compensation process, grievance mechanism and effectiveness of LARP implementation procedure. Internal monitoring will be performed routinely by the MOLME/PAG with support of PMCSC. The results will be communicated to ADB through the quarterly Project implementation reports. Indicators for the internal monitoring will be those related to the LARP implementation processes, and immediate outputs and results which allow for the assessment of the progress and results of LARP implementation and the adjustment of the work program, if necessary.

156. The MOLME/PAG will monitor performance (physical progress of the LARP implementation against milestones set in the LARP), impact (whether the objectives to restore the living standards of the affected population have been properly considered and executed), and LARP compliance, indicating whether the compensation program has been carried out in accordance with the provisions of Tajikistan’s laws and ADB policies, and to the satisfaction of the DPs.

157. The MOLME/PAG’s social safeguard specialist will assist the PAG in the internal monitoring of the LARP implementation processes. The social safeguard specialist will:

(i) supervise the community consultations and disclosure of project information; (ii) ensure the replacement cost principles of the ADB SPS (2009) are employed

in the valuation of affected assets and compensation is disbursed in accordance with the endorsed LARP;

(iii) ensure relocation/reconstruction of affected structures/businesses are completed and set compensation paid before works commencement;

(iv) monitor the LARP implementation process and provide data and support to PAG during preparation of quarterly monitoring reports on LARP implementation and monitoring activities;

(v) inform the PAG on issues and challenges during the LARP implementation and monitoring; and provide recommendations and suggestions for a solution;

(vi) supervise the implementation of the mitigation measures and temporary land acquisition, advise PAG on LAR issues and grievance redress, inform PAG on any non-compliance cases, and suggest appropriate remedies.

158. Specific performance monitoring indicators will be: (i) meaningful public consultations held;

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(ii) SES/census surveys and assets inventories studies completed; (iii) compensation payments disbursed; (iv) relocation of people completed; (v) income restoration and development activities initiated; (vi) monitoring and evaluation reports submitted.

159. Impact monitoring will encompass verification of the following indicators: (i) whether all physical inputs committed in the LARP have been delivered and all

services provided; (ii) whether the mitigation actions prescribed in the LARP have provided the

desired effects; (iii) the socioeconomic status of the affected population measured against the

baseline conditions before the displacement.

160. Impact monitoring will be supplemented by the assessment of the DPs satisfaction with the resettlement initiatives and the adequacy of measures applied for restoration of DPs’ livelihoods. This will be done through direct consultations with the affected population and face-to-face meetings with the DPs.

161. ADB SPS 2009 requires monitoring and measuring the progress of implementation of the land acquisition and resettlement plan. It also requires the preparation of a semiannual monitoring report that describes the progress of the implementation of resettlement activities and any compliance issues and corrective actions. In accordance with ADB SPS 2009, both the borrower/client and ADB have their own monitoring responsibilities. Borrowers/clients are required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports on their implementation performance. ADB requires borrowers/clients to:

(i) establish and maintain procedures to monitor the progress of implementation of safeguard plans,

(ii) verify the compliance with safeguard measures and their progress toward intended outcomes,

(iii) document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports,

(iv) follow up on these actions to ensure progress toward the desired outcomes, (v) submit periodic monitoring reports on safeguard measures as agreed with

ADB.

162. The extent of ADB's monitoring and supervision activities will correspond to the project’s risks and impacts. Monitoring and supervising of social and environmental safeguards is integrated into the Project performance management system. ADB will monitor the Project on an ongoing basis until a Project completion report is issued. In addition, semiannual social safeguards monitoring report(s) will be prepared and regularly submitted to ADB.

163. ADB will carry out the following monitoring actions to supervise Project implementation:

(i) periodic site visits for Projects with adverse environmental or social impacts; (ii) supervision missions with detailed review by ADB’s safeguard

specialists/officers or consultants for projects with significant adverse social or environmental impacts;

66

(iii) review the periodic monitoring reports submitted by borrowers/clients to ensure that adverse impacts and risks are mitigated as planned and as agreed with ADB;

(iv) work with borrowers/clients to rectify, to the extent possible, any failures to comply with their safeguard commitments, as covenanted in the legal agreements, and exercise remedies to reestablish compliance as appropriate; and

(v) prepare a project completion report that assesses whether the objective and desired outcomes of the safeguard plans have been achieved, taking into account the baseline conditions and the results of monitoring.

164. In accordance with the requirements under the Safeguard Policy Statement, ADB shall post on its website the draft, final and updated LARP and the resettlement monitoring reports, upon receipt by ADB. 9.3 LARP Implementation Report

165. The completion of the LARP implementation will result in the preparation of the LARP Implementation Report which will indicate whether the compensation program has been carried out in accordance with the provisions of Tajikistan’s laws and ADB policies, and to the satisfaction of the DPs. The Report will be submitted to EA and ADB. Approval of the Report by ADB is a condition for the commencement of the civil works. The Report will be based on the following monitoring indicators:

(i) the number of AHs (DPs) received compensation; (ii) affected buildings, structures, businesses; (iii) loss of income and employment; (iv) allowances for severity and vulnerability; (v) full compensation paid on time; (vi) the GRC Logbook entries; (vii) number, nature and substance of grievances; (viii) number of grievances resolved at the Project level; (ix) number of grievances forwarded/resolved at other grievance resolution levels; (x) number, type of consultations with DPs and other relevant stakeholders held; (xi) public consultations activities documented and included in draft LARP; (xii) selection and distribution of replacement land areas where applicable; (xiii) income restoration activities.

166. The above information will be collected by the PAG Resettlement Specialist which is

responsible for monitoring the day-to-day resettlement activities of the Project through one or more of the following instruments:

(i) review of census information for all AHs; (ii) consultations and informal interviews with DPs; (iii) sample survey of AHs; (iv) face-to-face discussion with DPs; (v) community consultation meetings.

167. The following table outlines possible monitoring indicators which the PAG will use during the

LARP implementation monitoring.

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Table 21: LARP Implementation Monitoring Indicators

Monitoring Aspects

Potential Indicators

Delivery of Entitlements

- Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix. - Disbursements against timelines. - Identification of the displaced persons losing land temporarily. - Timely disbursements of the agreed transport and relocation costs, income substitution support and any other resettlement allowances according to the schedule. - Provision of replacement land plots if applicable. - Quality of new plots and issuance of land titles. - Restoration of social infrastructure and services. - Progress on income and livelihood restoration activities being implemented as set out in the income restoration plan. - Affected businesses receiving entitlements, including transfer and payments for net losses resulting from loss of a business.

Consultation and Participation

- Consultations organized as scheduled including meetings, groups and community activities. - Knowledge of entitlements by the displaced persons. - Number of general meetings (for both men and women). - Level of participation in meetings (of women, men and vulnerable groups). - Level of information communicated – adequate or inadequate. - Information accessibility and disclosure (translation of information in the local languages).

Effectiveness of the GRM

- Uses of the grievance redress mechanism by the displaced persons. - Information on the resolution of the grievances. - Number of DPs used the GRM. - Number of cases resolved at project level. - Number of cases transferred to other GRC levels. - Number of DPs’ requests rejected.

Budget and Time Frame

- Land acquisition and resettlement staff appointed and mobilized on schedule. - Capacity building and training activities completed on schedule. - Achieving resettlement implementation activities against the agreed implementation plan. - Timely allocation of funds to resettlement implementation agencies. - Funds disbursement according to the resettlement plan. - Land acquisition and clearance in time for implementation.

Livelihood and Income Restoration

- Gender and vulnerability segregated data on DPs under the rehabilitation programs. - Types of vocational trainings and number of participants (women and men). - Number of displaced persons who have restored their income and livelihood patterns (women, men and vulnerable groups). - Number of new employment activities. - Degree of satisfaction with support received for livelihood programs.

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Internal Monitoring Template

Table 22. Data Collection Format for Internal Monitoring (Template)

DPs/ Impact Compensation Payment Status Form

No.

No of A

Hs

Compensation to be paid (based on impact type) in TJS

Total compensation to be paid

TJS

Amount

received by DP TJS

Compensation payment status

Remarks

Loss of land use rights

Loss of structures

Loss of trees

Loss of crops

Loss of business / employment

Allowances

Date paid

Cheque voucher No.

Amount paid TJS

Remaining amount (if any) TJS

Explain reasons for non-payment

1

2

3

Total

Check what is applicable

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ANNEXES

Annex 1: Land Titles Issued or Legal Basis for Lands to Be Acquired

Figure 3. Khujand Land Registration Certificate, 02.12.2019

Unofficial translation

of the certificate

body: The Single

Registry of

Immovable Property

of Khujand City

issued the

Certificate # 5620 to

the State Labour

and Employment

Agency, located at

Khujand city, 2

building, 28

mahalla, Sughd

Province. Based on

the 29.05.1992

Decree of the Local

Government of

Leninobod, the land

plot #107 with total

area of 6748 m² is

allocated for

Administrative

building for

unlimited duration,

date of entry in the

database is

27.11.19, Cadaster

registration #59-

007-001074.

70

Figure 4. Abstract from Master Plan for Danghara, New settlement in Korez Jamoat, Danghara

71

Figure 5. Vose TVET School #16 Land Certificate

Unofficial translation of the body text: Land User Certificate is issued by the Land Management Body based on the Vose District Chairman’s decree #655 dated 31.12.2010, the total land area is 1,84 ha, registration # 416 dated 08.02.2011. Purpose of the land is for Vocational and Technical School #16 of Vose District.

72

Figure 6. Roghun Town Decree on Land Allocation

Unofficial summary translation: Roghun Town issued the Decree #366 dated 22.11.19 on allocation of land plot with total area of 20,400 m² for the Skills Development Complex construction. The land is allocated from the construction site #4 of the JSC HES Roghun. If within 3 years the land is not utilized, the land will be withdrawn from the MOLME.

73

Figure 7. Roghun land allocated agreed with all state bodies, including JSC HES Roghun (signed by Rahmonov A, Production Director of JSC HES Roghun)

74

Figure 8. Concurrence from JSC HES Roghun to withdrawal of 20,400m² of land for the construction site of the Job Center in Roghun (dated 17.12.19, signed by the Director General)

75

Figure 9. Sample Land Title of the AH in Rudaki District/Dushanbe Site

Unofficial translation of the body text: The Land user certificate is issued on 30.06.2006 by the Land Committee, registration # 221, based on the Decree # 436 of the Rudaki District Chairman dated 22.12.98, land plot area – 0,08 ha of arable land, purpose – auxiliary land for economic support of the household, land user right owned by Kabutov Sairiddin

76

Figure 10. Land Title for Bokhtar TVET School #9

Unofficial translation of the body text: Land User Certificate is issued on 15.03.12, registration #250, land area- 1,71 ha, purpose –educational establishment, duration –unlimited, user right owned by TVET School #9, based on the Kurgantyube City Chairman Decree #201 dated 14.04.2011

77

Annex 2: Social Due Diligence Checklists Completed

INVOLUNTARY RESETTLEMENT IMPACT CHECKLISTS

Project Number: 51011-001 Project Site: Roghun Municipality, Job Center

1. Screening Questions for Involuntary Resettlement impact

Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts were

considered and reported in the screening process.

# Possible Involuntary Resettlement Effects

Yes No Remarks

1 Will the project include any physical construction work?

X Construction of a Job Center as per indicative plans.

2 Does the proposed activity include upgrading or rehabilitation of existing physical facilities?

X

3 Will it require permanent and/or temporary land acquisition?

X Permanent land acquisition of 20,400m²

4 Is the ownership status and current usage of the land known?

X Site is owned by the Roghun Municipality government and has been withdrawn from JSC HES Roghun, concurrence letter from JSC HES Roghun dated 17.12.19 is enclosed in Annex 1 of the draft LARP.

5 Are there any non-titled people who live or earn their livelihood at the project

X

6 Will there be loss of housing? X

7 Will there be loss of agricultural plots? X

8 Will there be losses of crops, trees and fixed assets (i.e. fences, pumps, etc.)?

X Site is covered by concrete slabs with some grasses growing between cracks and extremities of site.

9 Will there be loss of businesses or enterprises?

X

10 Will there be loss of incomes and livelihoods?

X

11 Will people lose access to facilities, services, or natural resources?

X

12 Will any social or economic activities be affected by land use-related changes?

X

13 Were there any people being displaced from the as- signed land / project site in anticipation of the sub- project activity?

X

78

# Possible Involuntary Resettlement Effects

Yes No Remarks

14 Are any of the affected persons (AP) from indigenous or ethnic minority groups?

X

2. Possible Involuntary Resettlement Effects

Quantification of private land require to be acquired:

Any preliminary estimate of the likely affected land that will be required by the Project?

[ ] No [X] Yes If yes, approximately how much? 2.04 hectares

Information on displaced persons

Any estimate of the likely number of persons that will be displaced (economically and physically) by the Project?

[X] No [ ] Yes If yes, approximately how many? …………..

Any estimate of the likely number of persons that will be physically displaced (relocated) by the Project?

[X] No [ ] Yes If yes, approximately how many? ……………

Any estimate of the likely number of persons that will experience loss of more than 10% of productive assets?

[X] No [ ] Yes If yes, approximately how many? …………..

Are any of them poor, female-heads of households, or vulnerable to property risks?

[X] No [ ] Yes If yes, approximately how many? .............

Are any displaced persons from indigenous or ethnic minority groups?

[X] No [ ] Yes If yes, how many? ………………

3. Involuntary Resettlement Impact

The EA / Safeguard Team confirm that the assigned land / proposed subproject is

Has Involuntary Resettlement (IR) Impact, a resettlement plan (or corrective action plan) is required

X Will Not Have IR impact

Prepared by: Gulru Azamova

Position: Resettlement Consultant

Dated: 17/12/2019

79

Project Number: 51011-001 Project Site: Dangara Job Center

1. Screening Questions for Involuntary Resettlement impact

Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts were

considered and reported in the screening process.

# Possible Involuntary Resettlement Effects

Yes No Remarks

1 Will the project include any physical construction work?

X Construction of a Job Center as per indicative plans.

2 Does the proposed activity include upgrading or rehabilitation of existing physical facilities?

X

3 Will it require permanent and/or temporary land acquisition?

X 1.1 ha of land is allocated by the local government in a new settlement of 46 ha in Khuroson village of Korez Jamoat

4 Is the ownership status and current usage of the land known?

X Land is government owned by the Dangara District Government. No farming or business development activities on the site, it is a reserve land plot being developed according to the Master Plan for housing and small enterprise in the near future.

5 Are there any non-titled people who live or earn their livelihood at the project

X

6 Will there be loss of housing? X

7 Will there be loss of agricultural plots? X

8 Will there be losses of crops, trees and fixed assets (i.e. fences, pumps, etc.)?

X There are no crops on the site.

9 Will there be loss of businesses or enterprises?

X There are no adjacent businesses at the site.

10 Will there be loss of incomes and livelihoods?

X

11 Will people lose access to facilities, services, or natural resources?

X

12 Will any social or economic activities be affected by land use-related changes?

X

13 Were there any people being displaced from the as- signed land / project site in anticipation of the sub- project activity?

X

80

# Possible Involuntary Resettlement Effects

Yes No Remarks

14 Are any of the affected persons (AP) from indigenous or ethnic minority groups?

X

2. Possible Involuntary Resettlement Effects

Quantification of private land require to be acquired:

Any preliminary estimate of the likely affected land that will be required by the Project?

[ ] No [X] Yes If yes, approximately how much? 1.1 hectares

Information on displaced persons

Any estimate of the likely number of persons that will be displaced (economically and physically) by the Project?

[X] No [ ] Yes If yes, approximately how many? …………..

Any estimate of the likely number of persons that will be physically displaced (relocated) by the Project?

[X] No [ ] Yes If yes, approximately how many? ……………

Any estimate of the likely number of persons that will experience loss of more than 10% of productive assets?

[X] No [ ] Yes If yes, approximately how many? …………..

Are any of them poor, female-heads of households, or vulnerable to property risks?

[X] No [ ] Yes If yes, approximately how many? .............

Are any displaced persons from indigenous or ethnic minority groups?

[X] No [ ] Yes If yes, how many? ………………

3. Involuntary Resettlement Impact

The EA / Safeguard Team confirm that the assigned land / proposed subproject is

Has Involuntary Resettlement (IR) Impact, a resettlement plan (or corrective action plan) is required

X Will Not Have IR impact

Prepared by: Gulru Azamova

Position: Resettlement Consultant

Dated: 05/12/19

81

Project Number: 51011-001 Project Site: Bokhtar District, Migration Service Center

1. Screening Questions for Involuntary Resettlement impact

Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts were

considered and reported in the screening process.

# Possible Involuntary Resettlement Effects

Yes No Remarks

1 Will the project include any physical construction work?

X Construction of a Migration center as per indicative plans.

2 Does the proposed activity include upgrading or rehabilitation of existing physical facilities?

X

3 Will it require permanent and/or temporary land acquisition?

X Proposed construction will be within the existing boundaries of the Bokhtar Lyceum.

4 Is the ownership status and current usage of the land known?

X Located in the campus of Bokhtar technical lyceum under MOLME ownership. Land user certificate for 1.71 ha of 14.04.11 is enclosed in Annex 1 of the draft LARP.

5 Are there any non-titled people who live or earn their livelihood at the project

X

6 Will there be loss of housing? X

7 Will there be loss of agricultural plots? X

8 Will there be losses of crops, trees and fixed assets (i.e. fences, pumps, etc.)?

X Very few trees on the site as indicated by photos.

9 Will there be loss of businesses or enterprises?

X

10 Will there be loss of incomes and livelihoods?

X

11 Will people lose access to facilities, services, or natural resources?

X

12 Will any social or economic activities be affected by land use-related changes?

X Campus has large open areas where games such as volleyball and soccer are played. Those currently played on the Job Center site can be easily relocated to other open areas on campus.

13 Were there any people being displaced from the as- signed land / project site in anticipation of the sub- project activity?

X

14 Are any of the affected persons (AP) from indigenous or ethnic minority groups?

X

82

2. Possible Involuntary Resettlement Effects

Quantification of private land require to be acquired:

Any preliminary estimate of the likely affected land that will be required by the Project?

[ ] No [X] Yes If yes, approximately how much? 0.3 hectare

Information on displaced persons

Any estimate of the likely number of persons that will be displaced (economically and physically) by the Project?

[X] No [ ] Yes If yes, approximately how many? …………..

Any estimate of the likely number of persons that will be physically displaced (relocated) by the Project?

[X] No [ ] Yes If yes, approximately how many? ……………

Any estimate of the likely number of persons that will experience loss of more than 10% of productive assets?

[X] No [ ] Yes If yes, approximately how many? …………..

Are any of them poor, female-heads of households, or vulnerable to property risks?

[X] No [ ] Yes If yes, approximately how many? .............

Are any displaced persons from indigenous or ethnic minority groups?

[X] No [ ] Yes If yes, how many? ………………

3. Involuntary Resettlement Impact

The EA / Safeguard Team confirm that the assigned land / proposed subproject is

Has Involuntary Resettlement (IR) Impact, a resettlement plan (or corrective action plan) is required

X Will Not Have IR impact

Prepared by: Alan Atwell

Position: Gender and Social Issues Specialist

Dated: 27/09/19

83

Project Number: 51011-001

Project Site: Khujand State Agency for Labour and Employment, Migration Service Center

1. Screening Questions for Involuntary Resettlement impact

Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts were

considered and reported in the screening process.

# Possible Involuntary Resettlement Effects

Yes No Remarks

1 Will the project include any physical construction work?

X Construction of a Migration Service Center as per indicative plans.

2 Does the proposed activity include upgrading or rehabilitation of existing physical facilities?

X

3 Will it require permanent and/or temporary land acquisition?

X The proposed site is located on the campus of the State Agency for Labour and Employment, Khujand under the ownership of MOLME.

4 Is the ownership status and current usage of the land known?

X Ownership belongs to the State Agency for Labour and Employment under MOLME. Land user registration certificate for 6748m² land in enclosed in Annex 1 of the draft LARP. 0.3 ha of that land will be granted for construction of a Migration Center.

5 Are there any non-titled people who live or earn their livelihood at the project

X

6 Will there be loss of housing? X

7 Will there be loss of agricultural plots? X

8 Will there be losses of crops, trees and fixed assets (i.e. fences, pumps, etc.)?

X During construction some trees will be affected at the boundary of the campus, they will be replaced with new trees after construction and landscaping of Migration Center grounds.

9 Will there be loss of businesses or enterprises?

X

10 Will there be loss of incomes and livelihoods?

X

11 Will people lose access to facilities, services, or natural resources?

X

12 Will any social or economic activities be affected by land use-related changes?

X

13 Were there any people being displaced from the as- signed land / project site in anticipation of the sub- project activity?

X

84

# Possible Involuntary Resettlement Effects

Yes No Remarks

14 Are any of the affected persons (AP) from indigenous or ethnic minority groups?

X

2. Possible Involuntary Resettlement Effects

Quantification of private land require to be acquired:

Any preliminary estimate of the likely affected land that will be required by the Project?

[ ] No [X] Yes If yes, approximately how much? 0.3 hectare

Information on displaced persons

Any estimate of the likely number of persons that will be displaced (economically and physically) by the Project?

[X] No [ ] Yes If yes, approximately how many? …………..

Any estimate of the likely number of persons that will be physically displaced (relocated) by the Project?

[X] No [ ] Yes If yes, approximately how many? ……………

Any estimate of the likely number of persons that will experience loss of more than 10% of productive assets?

[X] No [ ] Yes If yes, approximately how many? …………..

Are any of them poor, female-heads of households, or vulnerable to property risks?

[X] No [ ] Yes If yes, approximately how many? .............

Are any displaced persons from indigenous or ethnic minority groups?

[X] No [ ] Yes If yes, how many? ………………

3. Involuntary Resettlement Impact

The EA / Safeguard Team confirm that the assigned land / proposed subproject is

Has Involuntary Resettlement (IR) Impact, a resettlement plan (or corrective action plan) is required

X Will Not Have IR impact

Prepared by: Alan Atwell

Position: Gender and Social Issues Specialist

Dated: 27/09/19

85

Project Number: 51011-001 Project Site: Vose District, Migration Service Center

1. Screening Questions for Involuntary Resettlement impact

Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts

were considered and reported in the screening process.

# Possible Involuntary Resettlement Effects

Yes No Remarks

1 Will the project include any physical construction work?

X Construction of a Migration center as per indicative plans.

2 Does the proposed activity include upgrading or rehabilitation of existing physical facilities?

X

3 Will it require permanent and/or temporary land acquisition?

X The proposed site is located on the campus of the Vose Vocational and Technical Lyceum #16.

4 Is the ownership status and current usage of the land known?

X Ownership belongs to the Vose Vocational and Technical Lyceum #16. Land user registration certificate for 1.84 ha of land in enclosed in Annex 1 of the draft LARP. 0.3 ha of that land will be granted for construction of a Migration Center.

5 Are there any non-titled people who live or earn their livelihood at the project

X

6 Will there be loss of housing? X

7 Will there be loss of agricultural plots? X

8 Will there be losses of crops, trees and fixed assets (i.e. fences, pumps, etc.)?

X

9 Will there be loss of businesses or enterprises?

X

10 Will there be loss of incomes and livelihoods?

X

11 Will people lose access to facilities, services, or natural resources?

X The construction area for the migration center will have a separate entrance. Access to other Lyceum buildings, facilities and sports field will not be disturbed.

12 Will any social or economic activities be affected by land use-related changes?

X

13 Were there any people being displaced from the as- signed land / project site in anticipation of the sub- project activity?

X

14 Are any of the affected persons (AP) from indigenous or ethnic minority groups?

X

2. Possible Involuntary Resettlement Effects

Quantification of private land require to be acquired:

86

Any preliminary estimate of the likely affected land that will be required by the Project?

[ ] No [X] Yes If yes, approximately how much? 0.3 hectare

Information on displaced persons

Any estimate of the likely number of persons that will be displaced (economically and physically) by the Project?

[X] No [ ] Yes If yes, approximately how many? …………..

Any estimate of the likely number of persons that will be physically displaced (relocated) by the Project?

[X] No [ ] Yes If yes, approximately how many? ……………

Any estimate of the likely number of persons that will experience loss of more than 10% of productive assets?

[X] No [ ] Yes If yes, approximately how many? …………..

Are any of them poor, female-heads of households, or vulnerable to property risks?

[X] No [ ] Yes If yes, approximately how many? .............

Are any displaced persons from indigenous or ethnic minority groups?

[X] No [ ] Yes If yes, how many? ………………

3. Involuntary Resettlement Impact

The EA / Safeguard Team confirm that the assigned land / proposed subproject is

Has Involuntary Resettlement (IR) Impact, a resettlement plan (or corrective action plan) is required

X Will Not Have IR impact

Prepared by: Gulru Azamova

Position: Resettlement Consultant

Dated: 05/12/19

87

Annex 3: Socio-Economic Survey Questionnaire

SOCIOECONOMIC SURVEY OF THE AFFECTED HOUSEHOLDS

Questionnaire No: ………………….. Date : ....................... Name of the Project: ............................................................. Name of Investigator : .............................................................................

1. GENERAL IDENTIFICATION Code

i. District/Rayon: ........................... ii. Jamoat: ........................ iii. Village ………

2. HOUSEHOLD IDENTIFICATION

2.1 Name of the Household Head: ........................................................................

2.2 National Passport Number.........................................................

2.3 Address of the identified Household: ...............................................................

.......................................................................................................................

2.3 Family Type : 1. Joint 2. Nuclear 3. Extended 4. Other 2.4 Religious Group : 1. Islam 2. Christian 3. Other

2.5 Number of Family Members: 1. Male ................... 2. Female.................... 2.6 Details of Family Members (Demography and Education)

Sl. No.

Name of the Family Member

Sex 1.Male

2.Female

Age (year)

Marital Status 1.Married 2.Unmarried 3.Widow 4.Widower 5. Other

Education 1. Illiterate 2.Elementary School 3.Middle School 4. Graduate/Equivalent 5. Above Graduate 6. High school

Occupation 1. Service 2. Business 3. Agriculture 4. Study 5. Housewife 6. Labour 7. Professional 8. Unemployed

1.

2.

3.

4.

5.

6.

7.

8.

9.

# of physically handicapped members, if any 1. 2. 3.

Note : Insert additional column if family members exceed more than 10

3. HOUSEHOLD ASSETS 3.1 Landownership & Uses [All lands situated anywhere and under the ownership of the household]

Land Type Total Area (Hectare)

Presently Used by Owner

(Yes=1, No=2)

Current Market Price (TJS)

How owned Inherited=1

Purchased=2

Homestead

88

Agricultural

Commercial

Fallow

Others

3.2 Houses / Structures

Sl. No.

Present Use # of Story

# of Rooms

(all floors)

Total Floor Area (sqm)

Building Materials (Code)

Approximate present

construction cost (TJS)

Floor Wall Roof

Floor Materials: Earthen = 1; Cemented = 2; Brick (uncemented) = 3; Wooden = 4; Others = 5 (Mention………………)

Wall Materials: Earthen = 1; Mud Brick = 2; Burnt Brick = 3;

Roofing Materials: GI Sheet with Wood Frame = 1; GI Sheet with Steel Frame = 2; Reinforced Cement Concrete (RCC) = 3; Asbestos sheet = 4; Plastic sheet = 5, Others = 9 (Mention: …………………………………….……………………….. )

3.3 Livestock (Use Worksheet) 1. Cattle: Approximate Total Current Value (TJS): ……………………………… 2. Poultry: Approximate Total Current Value (TJS): ……………………………… 3.4 Trees (Use Worksheet): Approximate Total Current Value (TJS): ……………………………… 3.4 Durable Consumer Items/Other Assets/Amenities (Use Worksheet): Approximate Current Total Value (TJS): ……………………………. 3.5 Electricity: Use Electricity: Yes = 1 No = 2 Authorized Connection: Yes = 1, No = 2

Worksheet for Valuation of Cattle & Poultry

CATTLE # of Heads Approx Total Value (TJS)

POULTRY # of Birds Approx Total Value (TJS)

Bullock Chicken

Cow Duck

Calf Pigeon

Sheep

Goat

Horse

Donkey

Rabbit

Others (Mention)

9 = Others (Mention)

Worksheet for Valuation of Trees (Local names of the trees to be included)

Major Timber Trees Major Fruit Trees Other Trees Name # Approx

Value (TJS)

Name # Approx Value (TJS)

Name # Approx Value (TJS)

89

Etc. Etc. Etc.

Worksheet for Valuation Durable Consumer Items and Other Assets & Amenities

Items # Approx Total Value (TJS)

Television

Radio

Music System

Refrigeration

Washing Machine

Air Conditioner

Oven

L.P.G. connection

Motor Bike

Bicycle

Car

Bus/

Furniture

Water system

Sanitary Latrine

Others (name)

4. AGRICULTURE: OPERATION & PRODUCTION

4.1 Land use

Cultivable Non-Cultivable Total Land Area (Hectare)

4.2 Cropping Pattern

Sl. No. Type of Crops Total Cultivated Land (Hectare)

Total Yield

I

ii

Iii

Total

5. ANNUAL INCOME

Sl. No. Source Income (TJS)

1. Agriculture

2. Service

3. Business

4. Labour

5. Professional

6. Others

Grand Total 6. INDEBTEDNESS (Please indicate, your borrowings during last one year)

Sl. No. Source Amount taken (in TJS)

Amount returned (in TJS)

Balance

1. Bank (specify which bank)

90

2. Cooperatives

NGO

3. Private money lender

Relatives

4. Others (mention)

Total

7. HOUSEHOLD SAVINGS 7.1 Does the household as a whole have any savings? 1. Yes 2. No If yes, total amount of savings: TJS ………….... 7.2 The money is kept in (Use applicable codes below):

At home = 1; With relatives = 2; With friends = 3; Bank/Cooperatives = 4; NGOs = 5; Others = 6 (Mention :.…….........................…………………………………………………………..…………) .

8. OVERALL ECONOMIC STATUS 8.1 According to the respondent, which of the following best describes the household’s overall economic status with the present income and expenditure needs?

1 = Surplus 2 = Breaks even 3 = Occasionally deficit 4 = Always deficit 9. COVERAGE UNDER GOVERNMENT/DONORS DEVELOPMENT SCHEMES 9.1 Have you availed any benefit under any govt. Scheme? 1. Yes 2. No If Yes, please give us the following details:

Name of the Scheme Kind of Help 1. Loan, 2. Training, 3. Employment

If “1”, please indicate the amount TJS........................ If “2”, please indicate the type of training ........................................................................... 9.2 After availing this scheme did your annual income increase? 1. Yes 2. No If “Yes”, how much? TJS.............................. If “N0”, why? ...................................................................................................................... 10. HEALTH STATUS

10.1 Was any member of your family affected by any illness in last one year? 1. Yes 2.No 10.2 If “Yes”, please indicate the details

No. of Cases Type of Diseases/Illness Treatment taken 1. Allopathic

91

2. Homeopathic 3. Traditional 4. No treatment

11. MIGRATION 11.1 Do you migrate for work? 1. Yes 2. No 11.2 If “Yes” for how many days/months in a year : ............................. 12.3 Where do you migrate? 1. Within the District 2. Outside the District 3. Outside the State 11.4 What kind of job do you undertake? 1. Agricultural Labour 2. Non Agricultural Labour 3. Trade & Business 4. Others (specify): .................................................................. 11.5 How much do you earn: TJS ......................... 11.6 Trend of Migration: 1. Once in a year 2. Twice in a year 3. Every alternative year 4. Once in every three years 5. No regular intervals/as and when required 11.7 At what time of the year do you migrate (season)? : ....................................

12. WOMEN STATUS

12.1 Please give the following details

Sl. No Economic / Non-economic Activities Engagement in Activities 1. Yes 2. No

1. Cultivation

2. Allied Activities*

3. Sale of household products

4. Trade & Business

5. Agricultural Labour

6. Non Agricultural Labour

7. Household Industries

8. Service

9. Household Work

10. Entertainment

11. Others (specify)...........................

Dairy, Poultry, Piggery, Sheep rearing etc

If engaged in economic activities, total income of the year: TJS......................... 12.2 Do your women member have any say in decision making of household matters? 1. Yes 2. No 12.3 If “Yes”, give the following details:

Sl. No Issues 1 Yes 2 No

1. Financial matters

2. Education of child

3. Health care of child

4. Purchase of assets

5. Day to day activities

6. On social functions and marriage

7. Others (mention)

Physical Relocation of Affected Households

92

[Applicable to the households whose homesteads would be affected partially and fully, and will have to relocate their homes.] ▪ If the household is aware of displacement from the present homestead, its plan/thinking about

relocation:--------------------------------------------------------------------------------------------------------- ▪ Can the affected household relocate on the same home-lot/dwelling plot by moving the houses? 1=Yes; 2=No ▪ Does the household have lands in the locality which are suitable for relocation? ▪ 1=Yes; 2=No ▪ Does the household have lands in the locality that can be developed into home-lot for relocation? 1=Yes 2=No ▪ Can the household find land for purchase at a location it would like to relocate? ▪ 1=Yes; 2=No ▪ Are there public lands (govt. & other lands owned by any department of the Government) in the vicinity of the project? Yes / No • If ‘Yes’, approx. distance from the project site: ………….km • Approximate amount: ..................................... • Physical description, ownership and current use of the lands: ……………………………………..

▪ How many of the households, that would need physical relocation elsewhere, are in any way related/known to this responding household?

Number of households: 1=From the same village 2=Related (outside the village)

3=Considered close friends: ………. 4=Known socially: ………

Name of Investigator: Signature: Date:

93

Annex 4. Public Consultations

Area Dushanbe

Villages Jamoat Chimteppa, Rudaki district

Date 4 December 2019. 2.30 pm.

Members 14 people (2 women)

The main information shared with the participants: - Information about the Project and related activities; - Process of preparation and implementation of the Land Acquisition and Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for produce losses and loss of land user rights and/or replacement lands; - Allowances for severely affected and vulnerable groups; - GRM mechanism. The main questions and suggestions at these consultations were as follows:

Questions Answers

1

The estimated compensation cost is not sufficient, any chance to get housing apartments at the new construction site?

Unfortunately, not, as it will be a Job Center constructed, a public educational institution. The final valuation will identify the final cost of compensation.

2 When will the construction start? Can we plant spring and harvest it in June 2020?

The construction will start late 2020. You can plant and harvest the spring cropping.

3 Any impact during construction on the neighboring lands?

Yes, there will be temporary impacts, like, noise, dust, construction waste, temporary impact on surrounded lands cropping for 1 year. Initial Environmental Examination and Resettlement screening conducted, based on the data obtained the LARP and EIA are being developed to mitigate and avoid the potential impacts of the project. There will be a GRM established at the district level and at the MOLME/PAG and where you can file your complaints and grievances.

94

95

Area Dangara

Villages Jamoat Lolazor

date 20 November, 11:00 am.

Members 19 people (7 women)

NN Questions / statement Answers

1

When will the construction be completed and the Job Center will be in operation?

In 2021 the construction will start and be completed by 2022.

2

Can we get employed at the construction site or at the Job center?

The construction company will hire local labour force to complete the civil works. If you have sufficient skills, you can apply for jobs. The priority will be given to the local community members while recruiting staff for the Job Center.

3

What kind of impacts will be during the construction on our houses and neighboring lands.

During the construction there will be temporary impacts, like movement of the vehicles, noise, dust, the construction company will take relevant impact mitigation and safety measures to reduce those impacts. No resettlement impacts are anticipated at Danghara site, as the allocated land is sufficient for the construction and it is a reserve fund land plots. Civil work contractors will take relevant mitigation and safety measures to reduce negative impacts. There will be a GRM established at the district level and at the MOLME/PAG and where you can file your complaints and grievances.

96

97

Project Area Vose district

Location Vose, Technical Vocational Lyceum in Vose

Date 20 November, 03:00 pm.

Members 18 people (including 12 women)

Number Questions / statement Answers

1

We welcome construction of a new Job Center. Will this Job center provide employment?

The project is aimed at building vocational skills and capacity of youth and adults to get access to more qualified jobs at the local and foreign labour market. Of course, it the Center will create some jobs related to the educational process, at the same time there will opportunity for getting jobs during civil works, if local community has sufficient skills. However, these jobs are limited, but preference will be given to local labour force. The goal is to improve quality of local labour force to be competitive at the labour market.

2

The opportunities for women to be provided by the project are great, however considering the local stereotypes, there might be low demand among the women, how you are planning to outreach and enroll the women target groups?

The project has developed the Gender Action Plan, which specifically addresses the issue raised by you. It includes the measures to engage with women and outreach approaches, like women committee support, mahalla committee facilitations, local NGO mobilization work etc.

3

You mentioned about the potential environmental impacts and resettlement risks. How will they be avoided? Who will be responsible for that? Will there be any information shared with the community regarding civil works duration and measure to reduce impacts mentioned?

The project will develop the LARP and IEE to cover potential environmental and social risks and impacts and incorporated them into the project design. As soon as the project will be approved by the Government of Tajikistan, the project will prepare information leaflets and disseminate them widely. The LARP and EIA will be publicized, and copies will be share at the project sites and local khukumats for raising public awareness. There will be the project specific GRM established at the district level and at the MOLME/PAG and where you can file your complaints and grievances, if you are affected by the project. The PAG will employ the environmental and social safeguards specialists.

98

99

100

Area Bokhtar

Villages Bokhtar. Technical Vocational Lyceum in Bokhtar

date 22 November 2019 11:00 am

Members 18 people (including 6 women)

NN Questions / statement Answers

The main information shared with the participants: - Information about the Project and related activities; - Process of preparation and implementation of the Land Acquisition and Resettlement Plan; - ADB SPS 2009 and Tajik law compensation requirements; - Entitlements for produce losses and loss of land user rights and/or replacement lands; - Allowances for severely affected and vulnerable groups; - GRM mechanism; and - Potential environmental risks and impacts and measures to be taken to mitigate and avoid them. The main questions and suggestions at these consultations were as follows:

1

Questions and comments revolved by attendees were related to the project details, including schedule of construction activities, supervision over the quality of rehabilitation works, eligibilities and entitlements, information availability, safety issues during project implementation, etc.

Responses and clarifications were provided to the questions and concerns raised by participants. They were also informed about the ADB SPS and Tajik legislation re resettlement impacts compensation requirements. They were also informed that the Resettlement Plan is being developed for the Project, which will be disclosed at local level. During the explanation of the GRM, the resettlement consultant accentuated the attention of the audience on the necessity of the creation of the Grievance Redress Committee that will be functioning within the district.

2

What kind of measures will be taken to secure access of disabled to skills development courses to be held in the Job center? Will there be any stipends for this vulnerable group?

The technical designs will include and secure the physical access for disabled to the buildings and classrooms. As we mentioned, the project design includes the stipends for women, and we hope to integrate the stipends for disabled as well.

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103

Annex 5. Grievance Logbook

Project Name:

Abbreviations: EA Executing Agency PAG Project Administration Group PMC Project Management Consultant IR Involuntary Resettlement ENV Environment Types of Applications: A Inquiry, clarification, suggestion, request B Complaint regarding alleged breach of the SPS 2009 or Public Communication Policy 2011 C Allegation of fraud or corruption

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104

Annex 6. Agricultural Average Productivity and Estimated Market costs

Figure 10. Estimated Average Productivity for First Cropping in Chimteppa Jamoat, Rudaki

105

Figure 11. Average Productivity for Second Cropping in Chimteppa Jamoat, Rudaki

106

Annex 7. Summary of Compensations by Affected Households in Rudaki/Dushanbe Site

Compensation for Titled Lands

IDs of AHs (based

on the Land Certificate #)

Affected lands and DPs % of land

losses

Cost per m2

(TJS)

Total Cost (TJS)

Total Cost USD

Total area (m2)

Permanently Affected land

area (m2)

No of DPs

1 0278719 800 800 14 100% 25 20,000 2,066.11

2 0278720 800 800 10 100% 25 20,000 2,066.11

3 0278723 800 800 100% 25 20,000 2,066.11

4 0278725 800 800 12 100% 25 20,000 2,066.11

5 0278727 800 800

6 100% 25 20,000 2,066.11

6 0278714 800 800 6 100% 25 20,000 2,066.11

7 0278716 800 800 7 100% 25 20,000 2,066.11

8 0278717 800 800 8 100% 25 20,000 2,066.11

9 0278715 800 800 15 100% 25 20,000 2,066.11

10 Local Government Order #30

800 800 3 100% 25 20,000 2,066.11

TOTAL 8,000 8,000 81 100 250 200,000 20,661.15

Compensation for Loss of Crops (Permanent)

IDs of AHs (based

on the Land Certificate or or

legal doc #)

Type of crops

Permanently affected

land under crops (m2)

Average crop

productivity (kg/m2 )

Market price

TJS/kg

Total cost for lost

crops TJS for 1 year

(TJS)

Grand total

cost for lost

crops (TJS)

Total cost for

lost crops (USD)

1 0278719 Vegetables 800 0.22125 1,8 3,186 4,018 415.08

Corn 800 0.052 2 832

2 0278720 Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

3 0278723 Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

4 0278725 Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

5 0278727 Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

6 0278714 Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

7 0278716 Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

8 0278717 Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

9 0278715

Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

10 Local Government Order #30

Vegetables 800 0.22125 1,8 3,186 4,018

415.08

Corn 800 0.052 2 832

Total 10 800 3,8 40,180 4,150.82

Compensation for Loss of Crops (Temporary)

107

Name of AHs Type of

crop

Temporarily affected

land under crops (m2)

Average crop

productivity (kg/m2 )

Market price

TJS/kg

Total cost for lost

crops TJS

Grand total cost for lost

crops TJS

Total cost for lost crops USD

1 TBD

Vegetables 800 0.22125 1.8 3,186 4,018

415,08

Corn 800 0.052 2 832

2 TBD

Vegetables 800 0.22125 1.8 3,186 4,018

415,08

Corn 800 0.052 2 832

3 TBD

Vegetables 800 0.22125 1.8 3,186 4,018

415,08

Corn 800 0.052 2 832

4 TBD

Vegetables 800 0.22125 1.8 3,186 4,018

415,08

Corn 800 0.052 2 832

Total 3,200 0.27325 3.8 16,102 1,660.33

Allowances for Vulnerable Households

IDs of AHs (based

on the Land Certificate #)

No of DPs

Type of vulnerability

Total allowances per AH (25% of land use right loss x 20,000

TJS)

Total allowances

(USD)

1. 0278719 14 Elderly with extended family 5,000 516,52

2. 0278720 10 Elderly with disabled members 5,000 516,52

3. 0278723 11 Women headed household 5,000 516,52

4. 0278725 12 Disabled 5,000 516,52

5. 0278717 11 Disabled 5,000 516,52

Total 58 25,000 2,582.64

Allowances for Sever Impact

IDs of AHs (based on the Land Certificate #)

No of DPs

Total affected

land area m2

Percentage of loss

Total allowances per

AH (25% of land use right loss x 20,000

TJS)

Total allowances

in TJS Total

allowances (USD)

1. 0278719 14 800 100% 5,000 5,000 516,52

2. 0278720 10 800 100% 5,000 5,000 516,52

3. 0278723 10 800 100% 5,000 5,000 516,52

4. 0278725 12 800 100% 5,000 5,000 516,52

5. 0278727 6 800 100% 5,000 5,000 516,52

6. 0278714 6 800 100% 5,000 5,000 516,52

7. 0278716 7 800 100% 5,000 5,000 516,52

8. 0278717 8 800 100% 5,000 5,000 516,52

9. 0278715 15 800 100% 5,000 5,000 516,52

10. Local Government order #30

3 800 100%

5,000 5,000

516,52

Total 8,000 100% 50,000 50,000 5,165.28