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SHORT RESETTLEMENT PLAN

Supplementary Appendix to theReport and Recommendation of the President

to the Board of Directors

on the

POWER TRANSMISSION AND DISTRIBUTION PROJECT

IN

AFGHANISTAN

Ministry of Energy and Water

October 2004

This Report was prepared by the Borrower

and is not an ADB document.


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Power Transmission & Distribution TAOctober 2004

Table of Contents

I. Executive Summary iII. Short Resettlement Plan 1

A. Introduction 1B. Scope of Land Acquisition and Resettlement

1. Imam Sahib to Shekhanbandar Transmission Line 12. Khan Abad and Taluqan City Distribution 23. Transmission Line from Kabul to Gardez 24. Transmission Line from Naghlu to Jalalabad, with Link to Mehtarlam 25. Sarepul Substation 36. Charikar City Distribution 37. Project Affected Persons 3

C. Legal Framework and Compensation Policy1. The Relevant Provisions from Law on Land Acquisition in Afghanistan 42. ADBs Policy on Involuntary Resettlement 53. Project Principles and Policies 54. Eligibility and Entitlements 105. Project Entitlement Matrix 14

D. Organizational Framework

1. The Environmental and Social Impact Assessment Office 162. The Role of ESIAO/ Project Manager 16

3. Project Supervision Consultant 174. Provincial and Municipal or District Governments 175. District and the Village Resettlement Committees 17

E. Implementation and Operational Framework

1. Pre-Resettlement Implementation Activities 182. Implementation Phase 213. Post-Resettlement Implementation Phase 224. Implementation Schedule 22

F. Grievance Redressal

1. Objective and Procedures 222. Facilitating the Filing of Grievances 23

G. Social Rehabilitation Measures

1. Direct Employment to the Project 232. Fund for Social Development of Women and Minorities 23


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H. Resettlement Cost1. Estimated Expenses 242. Plan for Financing Resettlement 24

I. Monitoring and Evaluation

1. Internal Monitoring 242. External Monitoring and Evaluation 25

J. Indigenous Peoples Development Plan 28


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Power Transmission & Distribution TAOctober 2004 Page i

I. EXECUTIVE SUMMARY

1. There is no resettlement and very limited land acquisition required by the PowerTransmission and Distribution project (the Project) since much of the project involves restorationof existing lines and substations, and land in the form of access-ways will only be requiredtemporarily during construction. In general there is no requirement to purchase land underneath

power lines; however in some cases land holders will be required to remove or trim back treeswhich would interfere with lines. Some areas with existing alignments have had tower footprintsencroached upon by the surrounding croplands over the 20 years or so since they were lastfunctional. As such compensation for a number of small land parcels (each in the range of 3-4m2) has been budgeted for, or changes made to the original alignment to avoid encroachment.2. Where transmission lines are to be introduced to areas without existing alignments,designs are to be selected which will minimise potential resettlement issues. Lines will beplaced on roadside reserves (northeast), existing local distribution structures will be upgradedwhere possible (east), or constructed on hillsides (south) not used for agriculture or habitation.3. Since land acquisition has been minimised and there is no requirement for resettlement,

the budget is a modest $68,420, of which only $11,350 is for compensation for productive landand assets (mainly trees). The largest budget allocation is for locally procured externalmonitoring ($53,000), and the remainder for disclosure to project affected persons (APs) andassociated activities. The social survey results indicated a very low proportion of female headedhouseholds (less than 1%) and no anticipated negative impacts on ethnic minorities, howeverthe project has conservatively been categorised B for indigenous peoples. An amount of $1,600has been budgeted for a Fund for Social Development since the years of conflict in Afghanistanhave greatly limited the roles of women in development on one hand, and displaced manyminorities on the other.4. While the land acquisition is minimal, the significant challenge for the project, given theexisting negligible capacity of the Executing Agency, MWP, will be the implementation of land

acquisition activities. As such this document also outlines the responsibilities of the governmenttogether with the relevant policy framework, with regards to implementation of the ResettlementAction Plan (RAP), and suggests how this may be assisted by the Project SupervisionConsultant (PSC), including the scope for both internal and external monitoring.5. Following detailed design and before award of civil works contracts, the shortresettlement plan will be:

Revised based on the detailed measurement survey, including full census ofaffected persons, final asset inventory and valuation, and final budget;

Disclosed to affected people; and Submitted to ADB for approval.


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II. Short Resettlement Plan

A. Introduction

6. This chapter summarises recommendations with regard to the resettlement and land

acquisition requirements of the proposed project. It also outlines the responsibilities of theIslamic Republic of Afghanistan (IRA or the governement), together with the relevant policyframework, with regards to implementation of the Resettlement Action Plan (RAP). Thisdocument also sets out best practices and responsibilities for RAP implementation, monitoringand evaluation.7. The resettlement field work and analysis was undertaken in Afghanistan during June-July 2004. Some project areas were visited by the resettlement specialist, others by thesocial/poverty specialist, and the remainder (specifically in the south and east) by the domesticconsulting team (due to the security situation at that time) to collect the information relevant tothis report.

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

Category B: Insignificant Resettlement - less than 200 people are displacedfrom housing, less than 200 people will lose less than 10 percent of theirproductive assets (income generating), or 200 people or more will experienceminor impacts. A Short RAP will be prepared.

9. As such, this report fulfils the requirements of a short resettlement plan.B. Scope of Land Acquisition and Resettlement

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

1. Imam Sahib to Shekhanbandar Transmission Line

11. The 20 km 110 kV transmission line from Shekhanbandar to Imam Sahib involvesconstruction of a new substation in western Imam Sahib town and a new transmission line fromthe switching station south of Shekhanbandar running east through 15 km of desert andthereafter through sparsely populated agricultural land for about 5 km. This new line connectswith the existing north-south 110 kV transmission line from Tajikistan through Shekhanbandarrunning down to Kunduz. The site for the substation has been selected. It is government ownedland currently leased to a farmer and being cropped in wheat. The farmer also owns the land

adjacent to the site that he uses for farming. The crop was harvested in August 2004 and theland will be fallow until next planting season, during which time the lease will be terminated. It isa triangular site on the corner of the main Shekhanbandar to Imam Sahib town road and theroad to a quarry. There are no adjoining houses or land uses which would be adverselyaffected. Provision has been made in the budget for some removal or cutting back of productivetrees in the 5 km stretch from the substation running west.


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Estimate of affected households: Less than 20. No known female headedhouseholds or ethnic minorities affected.

Likely impact on income or sustenance by removal/trimming trees: minimal.

2. Khan Abad and Taluqan City Distribution

12. The component complements construction by Tajikistan (not part of this project) of anew 75 km 110 kV transmission line from Kunduz to Taluqan, by providing city distribution froma new substation in Taluqan (and in the case of Khan Abad from a 20kV feeder from Kunduz).13. The Taluqan substation is to be sited at the entrance to the city just over the mainbridge and to the south of the road. The identified site is flat bare land currently owned by theMinistry of Food and Industry. There was no evidence of any informal/temporary land use as theweeds were well established. The site is adjacent to an access road (unsealed) beside anirrigation canal, then rice paddies and the river to the west side, bare land adjacent to the mainroad on the north side (this site is currently being used as a second hand car sales yard andincludes one dwelling), further agricultural land with trees to the east and to the south the siteborders a factory. The site is large (approximately 100 x 250 m) and the footprint of theproposed substation sufficiently small in comparison, that neighbouring land-users will notexperience any negative impacts by way of noise and vibration, etc.14. No issues will arise as a result of the city distribution network since existing poles andwiring will be used where they exist and the relatively unobtrusive bundle type conductors willbe specified. The same can be said for Khan Abad.

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

3. Transmission Line from Kabul to Gardez

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

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

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

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


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

Estimate of affected households: Less than 20. No known female headedhouseholds or ethnic minorities affected.

Likely impact on income or sustenance by transmission poles: minimal.

5. Sarepul Substation

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

No IR impacts expected.

6. Charikar City Distribution

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

No IR impacts expected5. Project Affected Persons

19. Exact figures of project affected persons in the six subprojects will require further

confirmation during implementation in response to: Final detailed design of the transmission routes Clarification of land ownership issues - currently a challenging situation in

Afghanistan but the subject of forthcoming technical assistance projects.20. Hundreds of thousands of Afghans fled the country over the last two decades and manyare now returning from overseas or from elsewhere within the country. This is validated in thesocial survey. It is worth noting that many such returnees and internally displaced persons(IDPs) could be holders of qabala(title) to the properties they left behind during the years ofconflict. Currently government ministries and agencies are undergoing an intensive programmeof public administration reform. Essential records and information that were destroyed during

the period of conflict such as parcellary maps of land properties are likewise being retrieved ordeveloped under the transitional government.21. Since the land acquisition required under this project is largely temporary duringconstruction; resettlement is very limited and compensation largely confined to removal of treesand small losses to productive land, the difficult situation with regard to land titling andpopulation mobility will have insignificant impact. However, following detailed design and beforeaward of civil works contracts, the short resettlement plan will be:


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Revised based on the detailed measurement survey, including full census ofaffected persons, final asset inventory and valuation, and final budget;

Submitted to ADB for approval.C. Legal Framework and Compensation Policy

22. Ratified in early 2004, the new Constitution of Afghanistan has three articles1 that areclosely related to compensation and resettlement. No law has yet been promulgated from theseconstitutional provisions however a pre-Taliban law remains in effect today. The CompensationPolicy Framework and Entitlements for PTDP were formulated with reference to the salientsections of Law on Land Acquisition and the ADBs Policy on Involuntary Resettlement2. Theyare presented as follows:

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

23. For the purpose of public interest like the establishment/construction of publicinfrastructures and facilitation for acquisition of land with cultural or scientific values, land of

higher agricultural productivity, large gardens, vineyards with economic significance, and landwith forests and dams as well as lands for some exclusive circumstance, the followingprovisions on land acquisition are applied:

Chapter 1, Section 2. The acquisition of land or a portion of the land, for public interestis decided by the Council of Ministers by which compensation is based on equal andfair value according to the current market rates.Chapter 1, Section 4. The acquisition of land or part of it should not prevent the ownerfrom the use of the rest of his property or bring about difficulty for his usage. If suchdifficulty arises, the entire property should be acquired.

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

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

Chapter 1, Section 8. Related to land acquisition, the following factors shall beconsidered for compensation: the value of land; the value of houses, buildings and theland; and the values of trees, orchards and other assets on land.25.Chapter 1, Section 11. The value of land depends on the category and its geographiclocation.Chapter 1, Section 13. A person whose residential land is subject to acquisition willreceive a new plot of land of the same value. He has the option to get residential land ora house on government property in exchange, under proper procedures.

1

These refer to Articles 14, 40 and 51.2 ADBs Handbook on Resettlement: A guide to Good Practice(1998) and OM Section F2/BP October 29, 2003.


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Chapter 1, Section 15. It can be arranged with the owner if he wishes to exchange hisproperty subject to acquisition with government land. The difference on the values ofland will be calculated.Chapter 1, Section 16. The values of orchards, vines and trees on land under

acquisition shall be determined by the competent officials of the municipality.

2. ADBs Policy on Involuntary Resettlement

26. The objectives and principles of ADBs Policy on Involuntary Resettlementare thefollowing:

a. Involuntary resettlement should be avoided where feasible.b. If displacement of population is unavoidable, this should be minimised by

exploring all viable options.c. People unavoidably displaced should be compensated and assisted, so that their

economic and social future would be generally as favourable as it would have

been in the absence of the Project.d. People affected should be fully informed and consulted in resettlement and

compensation options.e. Existing social and cultural institutions of resettlers and their hosts supported and

used to the greater extent possible, and resettlers should be integratedeconomically and socially with host communities.

f. The absence of formal legal title to the land by some affected groups should notbe a bar to compensation; particular attention should be paid to householdsheaded by women and other vulnerable groups, such as indigenous peoples andethnic minorities, and appropriate assistance provided to help them improve theirstatus.

g. Involuntary resettlement should be conceived and executed as part of the

project.h. The full cost of resettlement and compensation should be included in the

presentation of project costs and benefits.i. Cost of resettlement and compensation may be considered for inclusion in the

Bank loan financing for the project.3. Project Principles and Policies

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


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Table 1: Comparison of Law on Land Acquisition in Afghanistan and ADBs Policy

Relevant Provisions from theLaw on Land Acquisition in

Afghanistan

Applicable ADBs Policyon Resettlement

Remarks

People affected should befully informed and

consulted in resettlementand compensationoptions.

Neither the 2003 AfghanistanConstitution nor the Law on Land

Acquisition has provisions forpublic consultations. Publicconsultation is an important aspectin implementing resettlement.

The acquisition of land or portion ofthe land, for public interest isdecided by the Council of Ministersby which compensation is based onequal and fair value according tothe current market rates. (Chapter1, Section 2 of the Law on LandAcquisition)

People unavoidablydisplaced should becompensated andassisted, so that theireconomic and socialfuture would be generallyas favourable as it wouldhave been in the absence

of the Project.

ADB Policy and that of the Law onLand Acquisition agree on fairmarket value according to thecurrent market rates. However, theLaw on Land Acquisition suggeststhat compensation is only for thosewho have titles of ownership. Itdoes not cover the indigenous

groups, ethnic minorities andpastoralists who may have usufructor customary rights to the land.

The acquisition of land or part of itshould not prevent the owner fromthe use of the rest of his property orbring about difficulty for his usage.If such difficulty arises, the entireproperty should be acquired.(Chapter 1, Section 4 of the Law onLand Acquisition).

If displacement ofpopulation is unavoidable,this should be minimisedby exploring all viableoptions.

The ADB policy and the local laware compatible on their policies.The Bank agrees on full acquisitionof land if it is no longereconomically feasible and sociallyviable according to its usage, solong as the compensation isadequate and according to marketrates.

The right of the owner or person

using the land will be terminatedthree months prior to start of civilworks on the project and after theproper reimbursement to the owneror person using the land has beenmade.The termination of the right of thelandlord or the person using theland would not affect their rights oncollecting their last harvest from theland, except when there isemergency evacuation(Chapter 1, Section 6 of the Law onLand Acquisition).

People affected should be

fully informed andconsulted in resettlementand compensationoptions.The full cost ofresettlement andcompensation should beincluded in thepresentation of projectcost and benefits.

The provision of the local law is

silent on cost of social preparationand livelihood programmes. Itscompensation package does notaddress the unregistered users ofland but which may be alsodisplaced by land acquisition.The second statement in theprovision of the Law on LandAcquisition should be adopted inproject policy.

Related to land acquisition, thefollowing factors shall beconsidered for compensation: thevalue of land; the value of houses,buildings and the land; and thevalues of trees orchards and otherassets on land. (Chapter 1, Section8 of the Law on Land Acquisition).

People unavoidablydisplaced should becompensated andassisted, so that theireconomic and socialfuture would be generallyas favourable as it wouldhave been in the absenceof the Project.

This provision of the Law on LandAcquisition in Afghanistan is verymuch consistent with theexplanations behind this ADBpolicy.


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Relevant Provisions from theLaw on Land Acquisition in

Afghanistan

Applicable ADBs Policyon Resettlement

Remarks

The value of land depends on itscategory and geographic location.(Chapter 1, Section 11 of the Law

on Land Acquisition).

While its policy is generic, the Bankrecognises these considerations invaluating the prices of land in

Afghanistan.A person whose residential land issubject to acquisition will receive anew plot of land of the same value.He has the option to get aresidential land or house ongovernment property in exchange,under proper procedures. (Chapter1, Section 13 of the Law on LandAcquisition)

This provision is very muchconsistent with the compensationmechanism recognised by ADB.

It can be arranged with the owner ifhe wishes to exchange his propertysubject to acquisition withgovernment land. The difference onthe values of land will becalculated. (Chapter 1, Section 15of the Law on Land Acquisition).

This provision is also recognised inADBs policy and is practiced byprojects in other countries

The values of orchards, vines andtrees on land subject to acquisitionshall be determined by thecompetent officials of themunicipality. (Chapter 1, Section 16of the Law on Land Acquisition).

The same is recognised by ADB solong as the computation forcompensation is based on currentmarket rates.

28. Given the assessment, some provisions in the Law on Land Acquisition have beenwaived to make it consistent with resettlement principles of ADBs Policy on InvoluntaryResettlement. For the reference of MWP in the design and implementation of ResettlementPlans, the following project principles and policies for the project shall apply:

a. Affected populations in the sub-project areas will be systematically informed andconsulted about the Project, the rights and options available to them andproposed mitigating measures and to the extent possible be involved in thedecisions that are made concerning their resettlement.

b. The consultative process will include not only those directly affected but alsorepresentatives of the local governments of the areas in which the powertransmission and distribution lines shall be located, such as, leaders of hostcommunities, non-government organizations (NGOs), womens association andmembers of local ethnic minority communities. The Resettlement Action Plans(RAPs) for sub-projects will consider the needs of those most vulnerable to theadverse impacts of resettlement (including the poorest, ethnic minorities, women,children and the elderly) and ensure they are considered in the formulation ofRAP and in the options and mitigation measures identified.

c. Land acquisition and involuntary resettlement of people will be avoided wherefeasible or minimised by identifying possible alternative routes for powertransmission and distribution lines, provided with appropriate social, economicand operational as well as engineering solutions that have the least adverseimpacts on populations along the RoW corridors of sub-projects.


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d. Where population displacement is unavoidable, individuals, households andcommunities losing assets, livelihood and other resources will be fullycompensated and assisted so that they can improve or at least restore theirformer economic and social conditions.

e. Compensation and rehabilitation or reconstruction support will be provided to anyAffected Person (AP) that is, any person or household who on account of the

execution of the project has or would have his, her or their: Standard of living adversely affected; Right, title or interest in any house, or interest in or right to use any land

(i.e. residential, agricultural and grazing land, commercial properties,tenancy, or right in annual or perennial crops and trees or any other fixedor movable assets) acquired or possessed, temporarily or permanently;

Income earning opportunities, business occupation, work or place ofresidence or habitat adversely affected temporarily or permanently, or

Social and cultural activities and relationships and other losses that maybe identified during the process of resettlement planning.

f. As part of the resettlement planning process, the last day of detailedmeasurement survey (DMS) that shall be carried out in each village where lands

shall be acquired for the Right of Ways (RoWs) of power transmission anddistribution lines will be the cut-off date for eligibility for receiving compensation.However, the executing agency (EA) will take into account the rights ofoccupants who were forced to migrate due to political conflicts that are likely toreturn in their places.

g. Affected populations within the sub-projects will be consulted and involved by theEA in the process of developing and implementing the RAP.

h. The RAPs will be designed in accordance with the cultural practices of theAfghans affected by property acquisitions but which should be consistent withADBs Policy on Involuntary Resettlement, Operations Manual and Handbook onResettlement, A Guide to Good Practice.

i. All APs included in the list of families to be compensated and rehabilitated or

able to prove their residency in the affected land before the cut-off date in DMSare equally eligible for compensation at current market rates of replacement cost,and entitled to benefits from rehabilitation measures and social developmentsupport.

j. Compensation rates for houses and other structures, and non-physical assetswill be calculated at prevailing market rates for replacements without provision fordeduction of depreciation.

k. Compensation will include not only immediate losses, but also temporary loss ofbusiness and livelihood, training for alternative livelihood and support to coverincome losses during training and social rehabilitation programs includingemployment on project civil works.

l. Where practical and appropriate, the use of indigenous materials for

reestablishment of affected houses or structures shall be promoted but not at theexpense of the environment and areas designated for protection andconservation.

m. Since Afghanistan has adequate reserves of lands, compensation of affectedpopulations dependent on agricultural activities will be land-based whereverpossible, with cash compensation avoided as an option as this may not addresslosses that are not easily quantified, such as access to services and traditional


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rights, and may eventually lead to those populations being worse off than withoutthe Project.

n. Affected populations that stand to lose only part of their physical assets will notbe left with a proportion that will be inadequate to sustain their current standardand convenience of living; such a minimum size being identified and agreed uponduring the resettlement planning process.

o. The EA will commit adequate budgetary support and make it available to coverthe compensation and resettlement with the agreed implementation period. Clearbudget commitments are required for critical activities such as final detailedphysical surveys and administrative functions associated with compensation andresettlement. The EA could have the options to finance resettlement activitieswith funds coming from different international donor institutions, or from its owncoffers.

p. Replacement lands shall be within the immediate vicinity of the affected landsand of comparable productive standards and potential, failing which sites shouldbe identified that minimise the social disruption of those affected; such landsshould have access to services and facilities similar to those available in thelands affected.

q. Displaced households shall be assisted with the move and supported during thetransition period at the resettlement site.

r. Organization and administrative arrangements essential for the effectiveimplementation of the resettlement plan will be identified and in place before thecommencement of the process; this will include the provision of adequate humanresources for supervision, liaison and monitoring of land acquisition andrehabilitation activities.

s. Payment of compensation or replacement of affected assets and anyresettlement to new locations must be completed before the award of civil workscontract on sub-projects. Rehabilitation measures for APs must also be in place,but not necessarily be complete as these may include on-going activities.

t. Compensation of ethnic minorities, female-headed households, families with

disabled, and other vulnerable families will be carried out with respect to theircultural values and specific needs.

u. Grievances arising from the issues on payment of compensation and entitlementshould be resolved prior to resettlement implementation abiding by therecommendation of the Committee on Compensation3 (CoC).

v. Development plan for indigenous people or ethnic minorities shall be prepared ifpart of their domain, settlement clusters, productive assets (income generating)and cultural assets shall be adversely affected by the subproject.

w. Appropriate reporting (including auditing and redress functions), monitoring andevaluation mechanisms, will be identified and set in place as part of theresettlement management system. The MWP will hire independent monitoringagencies (IMAs) to evaluate the propriety and adequacy of resettlement

processes. Such agencies that could be qualified as IMAs are NGOs, researchinstitutions or a group of educators. Monitoring reports shall be forwarded directlyto ADB.

x. The award of construction works contracts will be given no objection after theevaluation of resettlement plan implementation by IMAs have been cleared byADB noting that the required lands for the Project have been fully acquired and

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


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populations appropriately compensated and relocated in compliance with thepreceding project policies.

4. Eligibility and Entitlements

a. Eligibility29. Under this framework, the APs are defined as those who are eligible for compensationand that they are able to demonstrate their eligibility by means of: (a) land title and/orcertification for on-going application for a land title with appropriate government agency; (b) taxpayment receipt; (c) residency or community certificate; (d) business permits and licenses; and(e) cadastral record; or (f) simply being listed in the DMS inventory on or before the cut-off datein each village. The APs are those who owned (either legally or customarily) the houses, lands,crops and trees and other assets.

b. Project Impacts and Entitlements30. The entitlements for each type of APs are based on the types and levels of losses that

would affect the lands and properties as observed during the field assessments in the projectcomponent areas.

i. Agricultural Land and/or Grazing Land

1. Temporary Loss of Agricultural Land

a. Entitlements of Legal Owners (Holders of land titles or havecertifications for on-going application for land titles)

(i) They shall be paid rent during temporary use of their land. Theywill not be compensated for land if returned to its original use.

(ii) Their land shall be restored to its previous condition, or betterthan, by providing measures to improve its quality in cases theland is adversely affected or acidified.

b. Entitlements of Unregistered or Customary Users (Not holding

land titles or certifications for on-going application for land titles)

(i) The same as for Legal Owners.

2. Permanent Loss of Agricultural Land

a. For Legal Owners

(i) For fully affected agricultural land that is no longer economicallyfeasible for its present use, land-to-land compensation with the EAto shoulder the cost related to land titling. (For budget, the marketprice of land to be acquired has been calculated at the rate of $4per square metre but shall be adjusted at the time of detailedmeasurement to reflect actual regional land prices).

(ii) For partially affected agricultural land which remains economicallyfeasible for its use, land-to-land compensation if property is


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adjacent to government land with similar land use and nobody isusing it customarily; or, cash compensation for the portion of landto be acquired. (For budget, the market price of land to beacquired has been calculated at the rate of $4 per square metrebut shall be adjusted at the time of detailed measurement toreflect actual regional land prices).

b. For Unregistered or Customary Users

(i) The same as for Legal Owners

ii. Residential and/or Commercial Land

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

a. Legal Owners

(i) For fully affected residential and/or commercial land that is no

longer economically feasible for its present use, land-to-landcompensation with EA to shoulder the cost related to land titling.The owner could have the option to be relocated in governmentland. (For budget, the market price of land to be acquired hasbeen calculated at the rate of $4 per square metre but shall beadjusted at the time of detailed measurement to reflect actualregional land prices).

(ii) For partially affected residential and/or commercial land whichremains economically feasible for its present use, land-to-landcompensation; or, cash compensation for the portion of land to beacquired. The owner has the option to acquire a government landin exchange for the portion of the property acquired for the project.

(For budget, the market price of land to be acquired has beencalculated at the rate of $4 per square metre but shall be adjustedat the time of detailed measurement to reflect actual regional landprices)

b. Unregistered and/or Customary Users

(i) The same as for Legal Owners.

iii. Houses and Structures

The compensation policy on houses and structures is provided ascontingency in case there will be houses that shall be affected by the

PTDP subproject.

1. Partially Affected Permanent and Semi-Permanent StructuresThe structures considered in this category are those which are stillfeasible for human settlements and present use thereon.

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


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(i) Provision for replacement materials with values equivalent tocurrent market price of materials to be replaced without deductionfor depreciation; or cash, or a combination of both according to theactual loss.

(ii) Entitlement to reconstruction allowance for cost of labour (Refer toItem 3 below).

2. Fully Affected Houses or Structures

The houses and/or structures under this category are: (a) partiallyaffected but which are no longer suited for human settlements;and (b) those that shall be totally affected by land acquisition forRoW.

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

(i) Provision for equivalent replacement materials with values arebased on current unit market prices without deduction fordepreciation, or cash, or a combination of both according to theactual loss.

(ii) Entitlement to reconstruction allowance (refer to Item 3 below).b. Affected Crops and Trees3. Owners (regardless if land is owned or not)a. Cash compensation for loss of crops at current market prices.b. Cash compensation for loss of fruit trees and wood trees with

ages that range at 3 years and above. No compensation for treesbelow three (3) years old as these can still be transplanted. (For

budget purposes, the market price of trees to be compensated forhas been calculated at the rate of $5 per tree but shall be adjustedat the time of detailed measurement to reflect actual regionalprices, type and size of tree, and agreed with affected persons.)

c. Reconstruction Allowance

(i) For house owners opting to pay the workers on a daily basis, therate shall be at Afs 200 (USD 4.00) for unskilled, and Afs 423(USD 9.00) for the skilled ones.

(ii) For house owners who want to build the house on contractualarrangement, the rate would be at Afs 470 (USD 10) per m2 forhouse made of concrete, and Afs 450 (USD 9) per m2 for house

made of earth and other indigenous materials.However, if the above rates differ from the prevailing rates paid inthe subproject location, the latter will apply.

d. Temporary Loss of Business


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

e. Fund for Social Development (FSD)

(i) Eligible head of household or person from socially disadvantagedgroups such as women, ethnic minorities and the very poor willreceive Afs 3,000 as grant for small business. In addition, theirfamily will be assisted on the following:

a. Project-related Employment. The APs or any eligible adultmember of their households will be given employment uponmobilisation of sub-project civil works in their respective villages.

b. Training for Livelihood or Alternative Income Sources. The eligibleAPs or any member of their households shall be given training forlivelihood or alternative income sources. The women, widowsheading the family and very poor regardless of ethnic groups shallbe given preference.

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


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5. Project Entitlement Matrix

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

Table 2: Entitlement Matrix

Type of Loss Eligibility of APs Compensation Policy Implementation Issues

Legal owners holdingtitle of the landand/or othercertificationOwners with on-going application fora title.

- MWP pay rent to AP forthe duration of temporaryuse- Restoration of land tooriginal condition- No compensation if land isreturned to its original use.- Compensation of standingcrops and trees at currentmarket rates.

- Consultation with APs- Cash compensationpayments.

Temporaryloss ofagriculturalland.

Unregistered andcustomary users.

Same as for legal owners

- Consultation with APs- Cash compensationpayments.

Legal owners of fullyaffected landsholding titles orcertification for on-going application fora title.

Customary orunregistered users offully affected lands.

- Land-to-landcompensation for bothusers. The EA has toshoulder the cost of titlingto legal owners- Cash compensation ofstanding crops and/ortrees.- Cash compensation fornecessary transition costs

(i.e. per diem during move,etc.).

- Consultation with APs- Assessment of currentmarket values- Payment of cashcompensation- List of unregistered users.

Legal owners ofpartially affectedlands holding titles orcertification for on-going application fora title.

Land-to-landcompensation if property isadjacent to governmentland. EA has to reconstitutetitle- or, cash compensation forportion to be acquired.- Cash compensation fornecessary transition costs.

- Consultation with APs- Assessment of currentmarket values- Payment of cashcompensation.

1

Permanentloss ofagriculturalland.

Customary orunregistered users of

partially affectedlands.

Same as for legal owners- Consultation with APs- List of unregistered users.

2

Permanentlyaffectedresidentialand/orcommercialland.

Legal owners of fullyaffected land holdingtitle of the and/orother certificationOwners with on-going application fora title.

- Land-to-landcompensation- Has option to be relocatedin government land- The EA will shoulder thecost of land titling.- Cash compensation fornecessary transition costs.

- Consultation with APs onthe acceptability of land.


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Type of Loss Eligibility of APs Compensation Policy Implementation IssuesCustomary andunregistered users offully affected lands.

Same as for legal owners

Legal owners ofpartially affected land

holding title of theand/or othercertificationOwners with on-going application fora title.

- Land-to-landcompensation

- or, cash compensation forthe portion of land to beacquired.Cash compensation fornecessary transition costs.

- Consultation with APs- Cash compensationpayments

Customary andunregistered users ofpartially affectedlands.

Same as for legal owners- Consultation with APs- List of unregistered users.

Owners of partiallyaffected houses orstructures regardlessof owner-ship onland

- Provision for replacementmaterials with valuesequivalent to currentmarket prices, or cashpayment without deductionfor depreciation. Or can bea combination of both withdue consideration to actualloss.- Cash compensation fornecessary transition costs.

- Updated list of APs- Consultation with APs- Payment of cashcompensation.

3Loss ofhouses andStructures

Owners of fullyaffected structures.

- Provision for equivalentreplacement materials withvalues equivalent to currentmarket prices withoutdeduction for depreciation.Or combination of both with

due consideration to actualloss.

- Updated list of APs- Consultation with APs- Payment of cashcompensation.

4Loss of cropsand trees.

Owners regardless ifland is owned or not.

- Cash compensation atcurrent market rates. Treesbelow three years old willnot be compensated.

- Payment of cashcompensation.- Updated list of DMS.

5ReconstructionAllowance

Owners of affectedhouses or structures

- Owners opting to buildhouse on daily basis will beprovided with cash basedon workers daily rate- Owners opting contractthe building of house will beprovided with cash

equivalent to cost ofmaterials per m2(Refer to Item E of ProjectImpacts and Entitlements)- Cash compensation fornecessary transition costs.

Payment of cashcompensation

6Loss ofbusiness

Owners regardless ifland and house areowned or not.

- A lump sum one-time grantof Afs. 6,000 for loss ofbusiness and incomerestoration

Cash compensation


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Type of Loss Eligibility of APs Compensation Policy Implementation Issues

7Fund forSocialRehabilitation

Eligible head ofhousehold orpersons from sociallydis-advantagedgroups such as

women, minoritiesand the very poorAPs.

- A grant of Afs. 3,000 forsmall business- Employment of householdmember in the Project civilworks

- Training on livelihood andother income sources

- Identification of eligiblecandidates by the Ministryof Women.

Note: Implementation issues are the concerns that are likely to occur during the implementation of RAP ineach sub-project.

32. Best practices for project implementation follow regarding organizational framework forresettlement and land acquisition, implementation and operational framework, grievanceredressal, and social rehabilitation measures.D. Organizational Framework

1. The Environmental and Social Impact Assessment Office

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

2. The Role of ESIAO/ Project Manager

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


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

3. Project Supervision Consultant

35. A Project Supervision Consultant (PSC) that will assist the MWP, will be designated tomanage the Power Transmission and Distribution Project (PTDP) following the ADBs approvalof the loan. As part of project preparation, the PSC will provide technical support to MWP inRAP implementation. It will assign a Resettlement Specialist who will provide the direction toESIAO in implementing the RAP including the internal monitoring. The Resettlement Specialistwill design the appropriate information system in collecting information from the affected villagesfor internal monitoring.

4. Provincial and Municipal or District Governments

36. The provincial and the municipal or district governments will be involved in RAPimplementation. MWP will arrange with the provincial governments for them to act as the centreof co-ordination between MWP and the municipal or districts during RAP implementation. It isenvisaged that co-ordination with local government shall be routed through their respectiveregional planning offices, which will in turn co-ordinate with district and the village resettlementcommittees. In order to simplify the co-ordination and save on operational cost, the PlanningOffice of the provincial government will be designated to co-ordinate with the planning offices atthe district or municipal level which will then co-ordinate and communicate with the resettlementcommittees of the district and the villages. The Provincial Planning Office will collect andcompile the information from the municipal or district offices.

5. District and the Village Resettlement Committees

37. The resettlement committees are pivotal in RAP implementation. At the district ormunicipal level, MWP or the new ministry will recommend to the provincial governments that thedeputy governors should be in-charge of the district resettlement committees with membersincluding representatives of national offices in the locality, such as: (a) Ministry of WomensAffairs; (b) Ministry of Rural Rehabilitation and Development; (c) Ministry of Public Health;Commission on Human Rights; (d) Ministry of Social Affairs; and (e) the local police. They willassist the village resettlement committees during relocation, if required. They will be alsoinvolved in the resolution of complaints and grievances.38. As it is in the interest of PTDP to make the relocation of APs successful, MWP willrecommend to the local governments that members of the VRCs should be the officials of thevillage governments and two representatives from APs. The VRCs will be also tasked in theresolution of complaints and grievances


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E. Implementation and Operational Framework

1. Pre-Resettlement Implementation Activities

a. Parcellary Survey of Properties and Public Information Campaign39. Many essential government records have either been destroyed or lost as landdemarcations were misplaced during the years of conflict in Afghanistan. MWP will arrange withprovincial governments concerned to advise their respective districts/municipalities to prepareparcellary maps of properties covered by PTDP RoWs, whenever available, and commission anindependent firm or practitioners in property appraisal to determine the market values of landsor properties which must be acquired under the project. Land acquisition under this projecthowever is sufficiently limited that the cost of such a survey would far outstrip the purpose andtherefore it has not been budgeted for. MWP will however co-ordinate with the provincialagriculture offices for information on the prevailing cost of wood and fruit trees as well as plantsand crops.40. Project disclosures and a project information campaign shall be also initiated in thisphase in which the cooperation of the provincial and the district governments is highly valuablein order to reach the people in the villages. There will be public consultations and focus groupdiscussions with community leaders, stakeholders and the APs. The release of compensationand entitlements, and grievance redressal(see Section F) as well as monitoring and evaluation(Section I) shall be emphasized during consultations. In every consultation, MWP will see to itthat the people are adequately informed and there will be presentation of visual aids illustratingthe subproject RoWs, rather than written information since a large proportion of the targetpopulation are illiterate. The aim should be to ensure that the rights and entitlements andcompensation procedures are clear and acceptable to APs. The ESIAO will be also responsiblefor an information campaign. Its personnel shall be trained on the approaches and proceduresin preparing and implementing the resettlement plan, including the appropriate documentation ofpayment for compensation in order to reduce the cases of grievances from the APs.41. Following the reestablishment of property boundaries (as required) and the publicinformation campaigns, detailed measurement surveys will be conducted in project affectedareas, with losses of land, houses and other assets recorded in the DMS questionnaire, whichcan be designed by the implementation consultant and carried out by a local NGO. The MWPwill give them orientation on the purpose of the survey.

b. Valuation of Lands and Assets

42. Based on the report on market values, the NGO responsible for DMS will calculate thecompensations for APs, including the entitlements stipulated in Section C. MWP will ensure thatcompensation to APs is adequate based on the principle of replacement cost as stipulated in

this framework, and will validate the findings of the independent firm or professionalpractitioners by way of the following:

a. On Land Values(i) It will request verification of recent land use rights in urban and rural

areas in the province where the subproject shall be located; and(ii) Determine the sufficiency of established rates for the value of land it will

provide to APs in exchange of the land that will be acquired from them.


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b. On Structures

(i) Appraise whether the compensation for houses or structures will enablethe APs to rebuild their affected structures by consulting selected personson the following: The source of materials, distance of transport and the cost of

various materials; and The types of labour used if the workers were hired by the owner

and paid daily wage, or built by a contractor.(ii) Obtain cost estimates by consulting at least three suppliers of materials in

the area.c. On Plants and Trees

(i) As they are the authority, the provincial offices of the Ministry ofAgriculture shall be consulted for the price of plants and trees prevailingin the province.

d. On Crops

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

43. Assisted by the district governments, the MWP shall then negotiate the compensationwith APs. In cases of disagreements, Section 5 of the Law on Land Acquisition provides that thedistrict where the land shall be acquired will facilitate the resolution where the following partiesshall be called upon: (i) the owner or representative of the owner of the land; (ii) representativeof the government agency that will acquire the land; (iii) representative of the district ormunicipality, (iv) representative of the Ministry of Finance (MoF), and (v) representative of theMinistry of Justice (MoJ). The MoF, the MoJ and the representative of the district or municipality

shall serve as the CoC (Committee on Compensation) in which the MWP and the AP shall abideto the recommendation. When both parties agreed on compensation, MWP will prepare adocument that legally binds such agreement. Through the ESIAO, the MWP will prepare the listof APs and summarize the amount of compensation for budget approval.44. The subprojects are envisaged to be constructed one at a time. In order to shorten theprocess, the updating of values and prices shall be done only once prior to award ofconstruction contract of the subproject.

c. Selection of Resettlement Sites45. The provision for resettlement sites is a contingency measure in this framework in the

event that involuntary resettlement cannot be avoided. The MWP will see to it that the relocationsites should be equal with or better than during the pre-project levels where the APs couldrestore their livelihood and rehabilitate themselves socially. Foremost considerations in siteselection are the availability of water source and access to transportation, place of work andlivelihood, mosques and other amenities available in their present locations. They will beconsulted as to their preference on locations. Prior to the transfer, MWP will ensure that theplaces are free from risks or danger arising from unexploded land mines. In case of off-siterelocation, the MWP will also consult the host villages prior to the transfer of APs.


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d. Compensation Process46. Section 5.3, N 4 [b] of the Legal and Compensation Policy Framework provides forcash and non-cash compensations. The procedures are as follows:

a. Non-Cash Compensation

1. Land-to-land Compensation for Legitimate Owners Regardless of Land Use

(i) For affected land that is no longer economically feasible for its existinguse, the MWP will advise the APs to prepare a Deed of Sale to MWP.(The MWP will assist the APs if the latter is not capable to do so). On theother hand, the MWP will prepare its own Deeds of Sale to APs for thereplacement land. Both Deeds of Sale shall be submitted to the DistrictGovernment as among the requirements for the issuance of qabala (title),which shall be co-ordinated by MWP. When the titles for replacementland become available, the owners shall then surrender the title ofproperty to be acquired to MWP. The values of replacement lands shallbe reflected on the budget for compensation.

(ii) For partially affected land but which remains economically feasible, theMWP will pay for the affected portions with cash compensation; or, land-to-land compensation if the property is adjacent to government land andnobody is using it customarily. If the latter option is the most viable, MWPwill be responsible for the reconstitution of titles of the land, and will followthe steps described in the preceding procedures. Although a non-cashcompensation, the values of replacement lands shall be included in thecompensation budget.

2. Replacement Land for Unregistered or Customary Users Regardless of Land

Use(i) For owners of affected lands without titles and which are no longer

economically feasible for their existing use, the MWP will arrange with theDistrict or Municipal government having jurisdiction of the lands for theissuance of Deeds of Assignment (DoA) to APs. The DoA will ensure thatthe APs will not be evicted from the assigned lots. The MWP shallindicate the value of replacement lands in the budget for compensation.

(ii) For partially affected land without a title but which remains economicallyfeasible for its existing use, the AP shall receive cash for lost land.

3. Replacement Materials for House or Structures

(i) In consultation with the local officials, MWP will advise the districtgovernments to identify the areas where replacement earth materialscould be obtained. With assistance from the appropriate UN agency,

MPW will ensure that the sources, including the road access, are freefrom unexploded land mines.

(ii) In case of replacement bricks, concrete, wood and other constructionmaterials other than earth, the MPW could pay cash compensation toAPs, or directly pay the commercial suppliers offering the lowest priceswithin the areas covered by the district government hosting the sub-project and have the replacement materials delivered to APs.


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47. When all of the above procedures have been completed, the APs will sign a documentsignifying their satisfaction on the compliance of MWP on the agreement. The PSCResettlement Specialist will guide the MWP in preparing a pro-forma document to be used forthe settlement of obligation in the replacement of affected land and/or materials for house andstructures.

b. Cash Compensation

48. Following the approval of budgets for cash compensation, the ESIAO will inform theAPs of the schedule of fund release. The ESIAO will also advise the APs to produce acceptablelegal documents pertaining to their identification for claiming the compensation. It is the mainresponsibility of MWP to ensure that all the compensations and entitlements have been paid toand settled with APs prior to clearing the RoWs. The MWP will initiate the following steps inreleasing the cash compensation and entitlements to APs:

Through the district governments, MWP will advise the DRCs and the villagegovernors on the schedules of fund release to APs.

The DRCs and the village governors shall then advise the APs to produce thenecessary legal documents for their identification in claiming the compensation

and entitlements due to them. The MWP will arrange with the district or city government for the release of

payment for compensation and entitlement to APS. In which case, the likelyoffice that will be in charge of the release is the district office of the Ministry ofFinance (MoF);

The district office of the MoF will request the APs to present the documentspertaining to their identification to facilitate the release of compensation andentitlements due to them;

The district office of the MoF will require the APs to sign a document indicatingthe receipt of their compensation and entitlements.

e. Coordination with Relevant International Organizations

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

2. Implementation Phase

50. The MWP will arrange with the district governments, through the provincialgovernments, for the orderly transfer of APs after they received their compensation andentitlements. Prior to relocation, the ESIAO will advise the APs to make a list of their personalbelongings and check them after they have been relocated. Likewise they shall be advised tocage their pets or herd their domestic animals in proper places.51. The VRC shall organise the neighbourhoods that are not affected for their assistance inwhich the male members could be requested to help for the transfer of personal belongingswhile the female members shall accommodate the affected families in their houses fortemporary shelters. It will see to it that the disabled and the elderly members of the family, small


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

3. Post-Resettlement Implementation Phase

52. Several activities are also envisaged by MWP following the completion of resettlementof APs. Social rehabilitation will be implemented, approaches for which are described in Section5.7. Monitoring of resettlement activities and the compliance of the project policies by MWP, asset out in this framework, are also the main agenda in this phase. This is because the internalmonitoring which is the responsibility of ESIAO, will be the basis of MWP in requesting fromADB its no objection for the award of construction works to private contractors. On the otherhand, the external monitoring and evaluation of project policy compliance by MWP, which is theresponsibility of IMA, will be the basis of ADB in giving its no objection to the award ofconstruction works. The details of Monitoring and Evaluation are discussed in Section 5.9.ADB will also conduct a mid-term evaluation to ensure that there are no adverse involuntaryresettlement effects.

4. Implementation Schedule

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

1. Objective and Procedures

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

a. Complaint by an AP on compensation and unpaid losses may be filed to theirrespective VRCs. The VRC is obliged to reply and explain the decision within 15

days from the date the complaint was received.b. If the AP is not satisfied or no reply from VRC, the grievance applications will beforwarded to their respective DRCs. The DRC must decide within 15 days fromthe date the APs have filed their complaints.

c. Again, if the AP is not satisfied with the decision, or in the absence of any replyfrom the DRC, they can forward their complaints to the CoC which will issue thefinal decision within 30 days. The grievance will be reviewed under the ProjectPolicy Framework of PTDP and decisions regarding grievances shall beconsistent with the approved Project policies and entitlement of PTDP.


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2. Facilitating the Filing of Grievances

55. As the concept on compensation is new to the Government of Afghanistan, the PSCResettlement Specialist will design a pro-forma letter that shall be used by APs for filing theircomplaints or grievances. The VRC should assist the APs in filling out the form in every stage of

filing the complaint. The letter form shall be prepared in three copies; the original to VRC, theduplicate to the MWP, and the third copy to the complainant AP. The ESIAO representative willinform the public of this requirement and the procedures for filing complaints and grievancesduring public consultations.G. Social Rehabilitation Measures

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

1. Direct Employment to the Project

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

2. Fund for Social Development of Women and Minorities

58. The years of conflict in Afghanistan have greatly limited the roles of women indevelopment on one hand, and displaced many minorities on the other. This plan recommendsa budget contingency of Afs 78,000 to set up a fund for social development (FSD) to assist up to200 affected women and minorities in poverty. APs shall be selected from each subproject area.

Rather than provincial governments administering this fund, it may be sensible for the NGOcontracted to monitor the resettlement action plan to use it to provide training to project affectedwomen and minorities on a suitable livelihood programme or through provision of micro finance.Each eligible household will receive Afs 3,0005 for small business/alternative income generation,such as livestock, micro enterprise, carpet weaving, etc. The ESIAO will co-ordinate with thesub-project administrator to identify for each selected household a set of baseline data (e.g. sizeof the family, quality of housing, current income/expenditure, employment, savings mobilisation,

5

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


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health and education) to be utilised for monitoring of both poverty programme and impact ofresettlement.H. Resettlement Cost

1. Estimated Expenses

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

Table 3: Resettlement Cost Estimate

2. Plan for Financing Resettlement

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

shall be undertaken by MWP.I. Monitoring and Evaluation

1. Internal Monitoring

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

Amount/N Quantity Size m2

Unit Cost USD Total USD

A. Land acquisition 100 4 4 1,600

B Loss of Trees 1,000 5 5,000

C House/Structure/Wall Relocation 10 20 20 4,000

D Training/Workshops 1 80 80

E Project Disclosures - all project areas 330

F Public Consultation - all project areas 850

G Land Survey not budgeted 0

H Detailed Measurement Survey not budgeted 0

I Internal Monitoring by MWP

Diesel 70

Per diems 830

J Supervision of Grievance Committee 310

K External Monitoring 53,000

L Fund for Social Development 1,600

M Loss of Business 5 150 750

TOTAL 68,420


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the mobilisation for construction of PTDP subprojects will depend on the findings of internalmonitoring. Given the significance of resettlement on PTDP, the ESIAO-CRO will closelymonitor and constantly co-ordinate with the concerned provincial governments for compliance ofall actions and activities in resettlement plans according to their allotted time for completion.62. Reports from host provinces shall be collected by ESIAO-CRO on or before the end of

the month. A consolidated report shall then be released to MWP management a week after.When all resettlement activities have been completed, the ESIAO Director will prepare aterminal report from which the MWP will base its request the no objection from ADB for theaward of contract to contractors.

2. External Monitoring and Evaluation

63. The IMA that has been recommended be hired by MWP-ESIAO will evaluate theresettlement plan implementation in the PTDP subprojects. It will assess whether the activitiesin the resettlement plan were carried out according to the Project Policy Framework establishedin the RAPs, duly approved by ADB. The evaluation will cover but not be limited to: (i)compliance with resettlement compensation policies; (ii) adequacy of organizational mechanism

for implementing the RAPs; and (iii) the handling of complaints and grievances. The IMA willsee to it that the APs: (a) have been provided with replacement lands; (b) have re-establishedtheir structures; and (c) were able to restore their incomes to pre-project levels. It will alsoevaluate whether all compensation and resettlement activities have been satisfactorilycompleted and rehabilitation measures put in place, and the construction areas are free of allencumbrances before the awarding of contracts to contractors. The IMA will submit the ExternalMonitoring and Evaluation report directly to ADB.

a. Scope of Activities64. The ESIAO will make the RAPs and the completed DMS questionnaires available toIMA from which it will design the approaches in conducting the evaluation. Basically, the scope

of activities of IMA shall cover the following:(i) Preparation of Evaluation Questionnaires. Two sets of questionnaires shall be

developed for the evaluation of RAPs; one for the representative sample of APs, theother is for the organization responsible for the implementation of RAPs.

(ii) Survey of APs and Clarifications with MWP. From the listof APs, IMA will select andestablish representative samples that shall provide information on the adequacy ofentitlements, the dates and the manner they were resettled as well as compliance toProject Policies. The information obtained from APs shall be cross-checked with MWP-ESIAO and other offices involved in the implementation of RAPs.

(iii) Evaluation of Delivery and Impacts on Entitlements. Based on information from APs, theIMA will identify the categories of impacts and evaluate the quality and timeliness of

delivering entitlements (compensation and rehabilitation measures) for each category ofimpact, how entitlements were used and their impacts and adequacy to meet theobjectives of RAPs. Entitlements and other mitigation measures to be evaluated shallinclude but not limited to:a. Entitlements as specified in the RAPsb. Income restoration measuresc. Development and implementation of the Fund for Social Development

programme


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The quality and timeliness of delivery and sufficiency of entitlements shall be verified byIMA from independent sources like the neighbours of APs and village leaders. The IMAwill use appropriate investigative and analytical techniques in assessing the post-Projectsocio-economic conditions of the APs in relation to the baseline socio-economic data onincome and living standards.

(iv) Evaluation of Consultation and Grievance Procedures. The IMA will identify, quantify and

qualify the types of conflicts and grievances reported and resolved, and the consultationand participation procedures.

(v) Declaration of Successful Implementation. The IMA will provide a summation of whetherinvoluntary resettlement was implemented in accordance with the Project Policiesestablished in the RAPs. This declaration will be the basis of ADB to grant the request ofMWP for no objection in awarding the contracts to contractors.

(vi) Issues and Follow-Up Actions. Descriptions of any outstanding future issues that arerequired to bring the resettlement into compliance with ADBs Policy on InvoluntaryResettlement. Likewise, it will describe further mitigation measures needed to meet theneeds of any AP or family perceiving themselves to be worse off as the result ofresettlement.

(vii) Lessons Learned. There will be descriptions of lessons learned from the evaluation that

might be useful in developing future resettlement policies in Afghanistan .

b. Reporting Requirements65. Two types of report shall be prepared by IMA on the monitoring and evaluation of RAPsfor PTDP. One refers to the evaluation of RAP implementation before MWP should be advice byADB that it has no objection for the award of contracts to contractors. This procedure isadapted from the practice that there should be inspection before the project turn over isaccepted by the EA.66. The other type of evaluation report should provide the opportunity for ADB to reflectmore broadly on the success, or otherwise, of basic resettlement objectives, strategies and

approaches. The report shall be prepared at least one ex-post evaluation survey to assess theachievement of resettlement objectives, the changes in living standards and livelihoods and therestoration of the economic and social base of the APs.6

c. Indicators for External Monitoring and Evaluation67. The following indicators shall be observed by IMA in the evaluation of RAPs:

Table 4: Indicators for External Monitoring and Evaluation

External MonitoringIndicators

Basis for Indicators

Basic Information on AP orhouseholds

Location Composition and structure, ages, educational and skill levels Gender of household head Ethnic group Housing type Land and other resource ownerships and their uses Income levels and their sources

6

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


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External MonitoringIndicators

Basis for Indicators

Agricultural production data (for rural households) Value of all assets forming compensation and resettlement

entitlements

Restoration of living standards

Were house compensation payments made to the APs free

of depreciation, fees or transfer costs? Have resettlement strategies achieved the objective of

restoration of living standards for all APs including thevulnerable APs?

Restoration of livelihoods (datato be disaggregated for APsmoving houses, APscompensated withreplacement land, APs withbusinesses affected).

Were compensation payments sufficient to replace lostassets?

Was sufficient replacement land available to suitablestandard?

Did transfer and relocation payments cover these costs? Have enterprises affected received sufficient assistance to

re-establish themselves? Have vulnerable groups been provided income-earning

opportunities? Are they effective and sustainable?

Do jobs provided restore pre-project income levels and livingstandards?

Effectiveness of ResettlementPlanning

Were the APs and their assets correctly enumerated? Were any land speculators assisted? Was the time frame and budgets sufficient to meet

objectives? Were entitlements too generous? Were vulnerable groups identified and assisted? How did resettlement implementers deal with unforeseen

problems? Assess the compensation amounts and other entitlements

provided in relation what was planned in entitlement matrix. What was the actual cost of RAP implementation? Assess the effectiveness of institutional arrangements. Assess the effectiveness of grievance mechanism Were vulnerable households sufficiently assisted during the

dismantling, relocation and rebuilding of houses? Has the proposed organization for RAP implementation been

organised? Assess the capacity.

Impacts of Poverty ReductionStrategy:

Fund for Social Development of Women and Minorities Has the FSD been implemented? What activities were

planned? Implemented by whom? How? Have small businesses been supported? Which businesses?

How many? Type of support? Impact for women and minorities? Has womens self-

employment and productive capacity been improved? Have womens welfare and social protection been improved?

Levels of AP Satisfaction

Do APs know their entitlements? Do they know if these havebeen met?

How do APs assess the extent to which their own livingstandards and livelihood have been restored?

How much do APs know about grievance procedures andconflict resolution procedures?

Other Impacts Were there unintended environmental impacts? Were there unintended impacts on employment or income?


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J. Indigenous Peoples Development Plan

68. Although estimates vary, the ethnic composition of Afghanistan can be estimated atapproximately 38% Pashtun, 25% Tajik, 19% Hazara and 6% Uzbek - with other ethnic groupsmaking up 12% of the population. The household survey carried out under the TA returned an

ethnic composition over the project areas of Pashtun 52%, Tajik 35.3%, Uzbek 7%, Turkmen2.3%, Hazara 1.8%, Nuristani 0.2%, Aimaq 0.2% and Other 0.3%. There are no indigenouspeople according to the ADB definition and technically all the ethnic groups can be consideredethnic minorities since their distribution across the country is quite regional, ie whereas in onearea Pashtuns may be the majority, in another they may be the small minority. Section 4 of theConsultants Final Report details the ethnic composition of each sub-project area.69. The relationships between the ethnic groups has varied with the political climate but acommon theme has been notable difference of the Hazaras, who are Sunni muslims (ratherthan Shia muslims like the Pashtuns and Tajiks).70. The project itself involves the transmission (inter-city/town) and distribution (intra-

city/town) of electricity. Physical infrastructure will include the installation of electrical equipment,such as substations, towers and poles, conductors and the like. Socio-economic change likelyto result from increased electrification rates of households, and identified in the Social/PovertyAssessment include cheaper energy for lighting and household appliances, increased livelihoodopportunities and benefits to the health and education sectors, amongst others. No likelynegative effects have been identified. Benefits will accrue evenly to all sections of the populationregardless of ethnicity. In particular however, the project will facilitate grid power being broughtfor the first time to areas with a high percentage of ethnic minorities. (Imam Sahib and Sarepul).71. Minimal land acquisition or resettlement will be required as a result of the project,however where applicable those affected will be compensated in the same way as everybodyelse, with special provision made for a Fund for Social Development of women and minorities

(refer to Section G.2).72. Based on this analysis, the project has been classified as a B project, with noIndigenous Peoples Development Plan/Framework (IPDP/IPDF) or specific action required. AnIndigenous Peoples Checklist is included as Appendix 5C. Given the minor impacts on ethnicminorities, the project design incorporates a Fund for Social Development of Women and EthnicMinorities (refer to Section G.2) in order to incorporate specific action favourable to indigenouspeoples/ethnic minorities.

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